What began as an early morning noise complaint to police on Nov. 18 of last year ended in tragedy. Fort Collins police attempted to pull over a man and a woman on an ATV that appeared to be the source of the noise complaint. Moments later, the ATV crashed, and the passenger suffered fatal injuries.
It was about 1:30 a.m. when a Fort Collins police officer turned his emergency lights on, and the man driving the ATV took off. The ATV crashed into a roundabout and flipped into the air. The driver and passenger both flew off and suffered serious injuries.
Emergency responders transported both to an area hospital to be treated for the injuries they suffered. Unfortunately, the woman ended up succumbing to her injuries in spite of the efforts of medical staff. The hospital has since released the driver, who was arrested on Jan. 8 by Larimer County Sheriff's deputies at his home.
He was arrested on several charges in connection with the fatal accident. Prosecutors must prove the charges against the driver beyond a reasonable doubt. The family of the deceased passenger, however, need only prove by a preponderance of the evidence that the negligence of the driver caused the fatal injuries suffered by their loved one. If they succeed in proving negligence, the court may consider an award for damages such as funeral and burial costs, pain and suffering and other related damages. No award can ever make up for the family's loss, but it may give them some closure regarding the accident.
Source: CBS Denver, Man Arrested For Alleged Role ATV Crash That Killed Woman, No author, Jan. 9, 2014