Beaverton resident, 28, dies in ATV crash
Austin McCulloch, 28, of Beaverton, MI, died Monday following an ATV crash in Gladwin County.
The crash happened shortly before 4:30 p.m. on McCulloch Road south of Calhoun Road in Beaverton Township, according to the Gladwin County Sheriff's Office.
Investigators believe McCulloch was riding a Can-Am Outlander 4x4 north on McCulloch Road when he lost control. They do not believe another vehicle was involved.
The crash remains under investigation.
Michigan ATV rules on Gladwin County roads
The Gladwin County ORV ordinance authorizes off-road vehicles on maintained portions of county roads unless the road commission or a township has closed that road. The ordinance generally limits operation to 25 mph or a lower posted speed and requires riders to travel with traffic on the far right of the maintained roadway.
Compliance with an ordinance does not determine fault or civil liability after a crash. Those questions depend on the cause of the crash and the available evidence.
When can a fatal ATV crash support a wrongful death claim?
A fatal ATV crash may support a wrongful death claim only when another person’s or organization’s wrongful act, neglect or fault caused the death.
Under Michigan's wrongful death law, the personal representative of the deceased person’s estate brings the lawsuit. Recoverable damages may include reasonable medical, funeral and burial expenses, conscious pain and suffering, lost financial support and loss of society and companionship.
Michigan Legal Center’s explanation of Michigan wrongful death deadlines discusses why the applicable filing period depends on the underlying claim and why some matters have shorter notice requirements.
Get help from Michigan Legal Center
Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Michigan Legal Center handles personal injury and wrongful death matters.
If you have questions about a fatal ATV crash, Contact Michigan Legal Center to ask whether the matter is within Michigan Legal Center’s personal injury or wrongful death practice.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.