Mr. Jospeh Heiser, age 41, was driving his moped on New Cut Road. It was 2:25 a.m. when a Chevy Impala turned in front of him causing a car crash with his moped. Reports indicate that the Impala was turning into an apartment complex parking lot. Mr. Heiser died approximately 2 hours later at University of Louisville Hospital, during surgery.
Moped accidents are complicated because often riders may not be wearing helmets of have the required safety gear for unlicensed scooters. In this case, it has been reported that Mr. Heiser may not have been wearing a helmet. Motorists however, owe a duty to moped and scooter riders to be cautious drivers when encountering them on the roadway. Moped and scooter riders should be afforded the same rights and privileges as bicyclists, motorcycles, or cars. When a vehicle turns in front of another vehicle’s path causing a collision, that vehicle’s driver is negligent for failing to yield the right-of-way.
Mr. Heiser and other moped riders who have been killed in accidents have legal rights under Kentucky Law and when they are killed in accidents, the families of these victims will have a Kentucky Wrongful Death Claim. Wrongful Death Claims require that an Estate be established via a probate court and an Estate representative be appointed by the court. From there the Estate can seek to be reimbursed for medical bills, funeral expenses, lost earning potential of the person killed, and possibly other compensable claims, depending on the facts surrounding the victim’s life and related family members.
Due to the particular facts surrounding any accident, insurance companies will utilize any and all arguments to try to put a percentage of blame upon the deceased person for the accident. Their job is to objectively control the costs of claims. It is important to have an accident re-constructionist detail the events of crashes like this to insure that all the evidence is preserved in a timely fashion, so as to afford the victim’s Estate with credible evidence to support its legal damages claimed from the crash and not allow a percentage of fault to be assigned to them, thereby reducing the claim amounts by that percentage.
Death cases are complicated and hard fought. Emotions run high for the families and the damages can be substantial. Families want the maximum justice, while the at-fault parties and their representatives want to reduce their possible financial exposure. As such, it’s important that legal rights be protected and evidence be preserved.