A Texas woman has filed a wrongful death lawsuit against the owners and the driver of an all-terrain vehicle, or ATV, alleging that they were all responsible for the death of her husband. The widow claims that her husband was merely a passenger on the ATV at the time of the accident that ultimately took his life, and that he was therefore not responsible for the crash or able to act to protect himself.

According to the wrongful death suit, the husband was riding on the ATV in late November near Canyon Lake, Texas. When the ATV driver lost his hat, he turned onto a gravel drive and increased his speed, presumably going back to retrieve the hat before it was lost. On the gravel road, the vehicle lost traction and flipped over after suddenly veering on and off the road.

The husband was ejected from the ATV onto the roadway, where he hit his head on the ground. He ultimately died from the traumatic brain injury that he received in the ATV accident. According to the wrongful death lawsuit, the death of her husband left the widow with burial and funeral costs, as well as mental anguish and a loss of companionship, society, household services and consortium. She is seeking unspecified damages.

The lawsuit argues that the ATV driver was negligent in controlling both his speed and the vehicle itself, and that he failed to use proper evasive actions to avoid the crash, which ultimately cause the man's death. The owners of the ATV are also accused of violating their duty of care by entrusting their vehicle to an incompetent driver.

Source: SE Texas Record, "Widow files wrongful death suit against ATV driver, owners", Kelly Holleran, 38 March 2011