Lime scooters hit the streets in both Lexington and Louisville within the last couple of years, and as expected, scooter versus vehicle accidents have risen. When a rider gets injured, there might be a question as to who will pay for the injuries? The driver? The company who made the scooter?
The bottom line is, in any personal injury, the person how is negligent will have to pay for the damages. The problem is, it isn’t always clear who was negligent.
Lime Scooter Rider Struck by Multiple Cars Dies
In an example, on November 4, 2019, man riding an electric Lime scooter after being struck by several cars. According to the Lexington Police Department, a 35-year-old man was riding the scooter along Lakeshore going in the same direction as traffic, when he lost control and fell into the street.
He was then hit by a several passing motorists and unfortunately succumbed to his injuries. Police say that the accident is still under investigation and no charges have been filed.
In this tragic case, the family of the man might have a wrongful death claim. However, the law requires that the family prove who was negligent. To determine negligence, the court will look at the actions of everyone involved and see how they compare to what a reasonably prudent person would have done under the same circumstances.
The court will assign each person a percentage of fault, and each person will pay for their share of the damages. If the victim is totally at fault, then he won’t get any compensation, but if the victim is—for example—40 percent at fault, then he will only get 60 percent of his injuries and damages paid.
Wrongful Death Damages
In cases where the victim dies, his or her loved ones can claim financial and other losses as a result of the person being taken from them. Each surviving person will put in a claim for their damages which are going to be different depending on the relationship between the deceased and the family member.
Some of the types of compensation common to wrongful death claims in Kentucky are:
- Outstanding Medical Bills from Victim’s Treatment
- Loss of Financial Support (present and future earnings)
- Loss of Benefits (pensions or medical coverage) Due to Death
- Value of Goods and Services
- Loss of Companionship
- Mental Pain and Anguish of Survivors
- Loss of Care and Nurturing
- Loss of Consortium (deceased’s spouse)
- Punitive Damages (If death was intentional or through gross negligence)
Contact a Personal Injury Attorney
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all.
You need someone just as experienced to help you level the field. Talk to someone you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.