Wrongful death

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 17, 2021

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Insurance Question from Alma, GA

Asked on 04/16/2012

Wrongful death If two children were riding an electric motorcycle in a culdisack neighborhood and a vehicle struck them as they entered the street and the vehicle's driver never applied the brakes and took 142 feet to stop, who would be liable the driver of the electric motorcycle (toy) or the driver of the vehicle?

Answer given on April 17, 2012

This auto accident sounds like there are numerous issues to be resolved to determine who is at fault in this instance. The driver of the auto should report this to their insurance company so they can investigate the claim.The owner of the motorcycle should also report the accident to their insurance company, presuming there was insurance on the motorcycle. If the motorcycle was a registered vehicle, it should have insurance. If it is not registered to be used on streets, there could be an issue since it was being used on a street. If there is a police report this could be used to help settle the claim.The insurance companies will investigate the accident and may not agree as to how it should be settled, so arbitration could be used to try to settle the claims. The final settlement may conclude that both parties were at fault and a percentage of fault could be determined to both operators.

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