That chick is gonna get paid. Big league.
The driver might have a lawsuit himself, if in fact he wasn't properly trained and vetted. I'm guessing they should have an actual experienced cowboy driving that thing. Maybe dude was an actual experienced cowboy, but going by the way he was driving that thing, I'd say he was not.
NOW: if they find it tipped due to some mechanical malfunction, all bets are off. Both of them are gonna get paid.
Big League.