Motorcycle operator on the shoulder of a highway is killed when he is struck by a driver with cataracts who was returning home after her eyes were dilated by her eye doctor. The case settled for the driver’s insurance policy limits plus personal assets.
A man had stopped his motorcycle off the highway at a wide shoulder where he was well away from the travel portion of the road. There were no obstructions on the highway that would prevent a driver from seeing him. Nevertheless, the defendant drove her car out of the travel lane and onto the shoulder and ran into. He died after two weeks of intensive medical treatment.
The driver of the car, who had cataracts, had just left her eye doctor’s office where her eyes had been dilated.
He had a five-year-old daughter who depended on her father for support. His medical expenses exceeded $155,000.
The driver had only $100,000 in liability insurance coverage on her car. The case settled for her policy limits accidents plus $20,000 from her personal assets. It was his daughter was the wrongful death beneficiary of her father’s estate.
A “wrongful death” occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members (“beneficiaries”).
Awarded: Settlement $100,000 insurance and $20,000 personal assets
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