Motorist Kills Child on Scooter
Few details were available after a motorist ran over a small child near Santee Elementary School. The driver, who remained at the scene, is said to be cooperating with investigators as they try to determine what caused the 48th fatal accident in San Jose during 2020.
It is hard to imagine a victim who is more vulnerable than a small child on a small, motorized scooter. Other drivers have a hard time seeing such victims, especially since so many San Jose motorists drive large SUVs, pickup trucks, and other vehicles which are difficult to see around. Furthermore, small children are much more susceptible to head injuries and other serious wounds.
These conditions do not excuse driver negligence. If anything, the duty of reasonable care requires drivers to exercise additional caution around elementary schools and other places where children often gather.
Head injuries and other such wounds are almost always catastrophic or fatal. Even if the victim survives, which is not very likely, the family could be facing hundreds of thousands of dollars in medical expenses.
Because of the lack of driver care, serious nature of the injuries, and high medical bills, a San Jose personal injury attorney can normally obtain substantial compensation for these victims. These families need this compensation, which includes economic and noneconomic losses, in order to move on with their lives.
Although compensation is available, insurance companies do not simply give this money away. So, an attorney must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Establishing Liability in Wrongful Death Claims
Evidence in car accident claims usually includes medical bills, the police accident report, and the victim’s own testimony. But in fatal scooter injury claims, this evidence is normally either unreliable or unavailable.
Police investigators depend heavily on the victim’s statement and the tortfeasor’s (negligent driver’s) statements to prepare their reports. If the victim did not survive, the report obviously only contains one side of the story. Furthermore, there may be no medical bills, especially if the victim died at the scene. And, there’s no way these victims can speak for themselves in court.
So, attorneys must look elsewhere for the evidence they need. A vehicle’s Event Data Recorder, which is much like a commercial jet’s black box flight recorder, often fills in the gaps. Depending on the gadget’s make and model, an EDR normally measures and records things like:
- Vehicle speed,
- Steering angle,
- Brake application, and
- Engine RPM.
Since California has very strict vehicle information privacy laws, most attorneys must secure court orders before they can inspect and download EDR information.
As for the aforementioned economic damages, attorneys usually partner with accountants and other financial professionals to determine things like lost future earnings and lost future emotional support.
Contact a Dedicated Attorney
Scooter riders are highly at risk for serious injuries. For a free consultation with an experienced San Jose motorcycle accident attorney, contact Solution Now Law Firm. We do not charge upfront legal fees in these matters.