A man from Mesa, AZ died in San Diego after an accident on a motorized scooter along the beachfront last week. San Diego Police Department Lt. Shawn Takeuchi said Mesa resident Brian Witzeman was riding a motorized scooter along Ocean Front Walk on June 23 around 1:30 p.m. alongside a woman companion when they collided and fell on the walkway. electric scooter accidents
Takeuchi said nearby lifeguards provided medical aid to Witzeman and the woman. Witzeman told paramedics he had some chest pain and he was taken to Scripps Memorial Hospital in La Jolla where he died.Neither Witzeman nor the woman he was riding scooters with were wearing helmets at the time, said Takeuchi.The San Diego County Medical Examiner’s Office released its preliminary report indicating Witzeman’s cause of death was “blunt force torso trauma.”
Takeuchi says that, at this point, of the investigation impairment does not appear to be a factor. Witzeman is the son of Rural Metro Fire Department founder Lou Witzeman, who founded the organization after he witnessed a neighbor’s home burn to the ground. The Rural Metro Fire Department opened in February of 1948 with one fire engine and 4 firefighters.
Normally in scooter accident, the victim is usually a pedestrian because the driver will remain on the sidewalks or near the walking areas where pedestrians will travel. The accident may involve minor to moderate injuries, but as can seen also result in death. If there is a collision with a pedestrian or another vehicle, the damage can increase significantly. Objects or other items involved in the accident can increase the property damage and possible injuries as well. The scooter driver may become involved in an accident claim where the insurance carrier will become part of the lawsuit.
The Scooter Claim
The accident and resultant injuries will usually lead to a personal injury claim when the victim survives the incident. Different law firms gear lawsuits towards scooter incidents because there are plenty of accidents that happen with all manner of vehicles. The lawsuit may require the services of a lawyer at the very beginning to build the claim and hold the scooter driver responsible for the damage. This will usually require the insurance carrier to take part and either defend that case or enter into negotiations for a settlement for the plaintiff that sustained the injuries.
The Personal Injury Claim
Anyone injured by the scooter driver or the driver injured by others on the road or sidewalk may need to initiate a claim. The personal injury claim may require the plaintiff proving that the defendant was negligent and caused the wreck and resultant injuries. Depending on the state, there are other considerations such as a no-fault law or comparative negligence. These matters could decrease possible compensation available or increase the problems in initiating a claim against the other party. Either the scooter driver or another person can benefit from the claim if the right circumstances exist.
The Scooter Vehicle
Scooters used in certain states are similar to riding and using alternate and greener vehicles. They are lighter, smaller and offer the ability to drive on and in different terrain than the standard passenger vehicle. The problem that could cause a wreck and similar accident circumstances is that the scooter can reach up to 60 miles per hour along the road or sidewalk areas. These factors and the similarities to a motorcycle can lead to a personal injury claim where the scooter driver is liable for damages. However, the scooter driver may also suffer similar problems as other drivers with passenger vehicles and suffer injury.
The Scooter Company and Insurance
Depending on the issue within the accident claim, the scooter company behind the purchase of the owner can become part of the claim. In these situations, the scooter company may have a defective product, defective part or a manufacturing issue with a whole product line in a certain area. Additional problems can lead to the scooter endangering both the driver and others on the road or pedestrians. If the scooter does not brake, encounters electrical problems or fails to work at the wrong time, any person could suffer injury or death. Legal support for these issues may help initiate a claim against the company.
Depending on the state, the injured party can sue the insurance company to acquire the necessary compensation to recover from the accident. This is often possible to ensure all reasonable monetary damages are given to the plaintiff in a successful claim. These claims usually require a lawyer to initiate the claim, communicate the demand letter and details to the insurance company and enter negotiations for a settlement if necessary.
The carrier may attempt to refute the claims, provide evidence that the accident was partially or fully the fault of the plaintiff or will refuse to provide compensation even if it is for the policyholder. Additional complications may occur if the company refuses to communicate until litigation starts.
The Scooter Claim with a Lawyer
If you’ve been in an accident involving a scooter contact the law office of AZ Hometown Lawyers immediately. AZ Hometown Lawyers will guide you step by step through the claim process during this serious matter.
Credit: HG.org
