Motor Vehicle Is Involved in ATV Collision If There Is Actual Need for ATV to Take Evasive Action

The question in Estate of Kodi Vawters v Auto Club Insurance Association, unpublished per curiam decision of the Michigan Court of Appeals, issued August 8, 2019 (Docket No. 342805), was whether the injuries and death arose out of the operation and use of a motor vehicle. Where there was no contact between the motor vehicle and the ATVs, the ultimate question became whether there was an actual need for the ATVs to take evasive action as they did. Evidence of the motor vehicle’s entry into the ATVs’ path of travel, as well as the factual discrepancy as to its distance from the ATVs, allowed the Court of Appeals to find a factual question as to the actual need for evasive action.

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