One person is dead and another seriously injured after a crash involving a single motorcycle carrying two people, according to Las Vegas police reports. The 2007 Kawasaki Ninja was carrying driver Juan Ibarra, 19, and a 14-year-old male passenger when Ibarra apparently lost control and ran off the road onto the sidewalk. Ibarra was ejected and hit a telephone pole, while the passenger was pinned under the motorcycle. Witnesses rushed to assist and both men were taking to the hospital, where Ibarra was pronounced dead.
CAN I COLLECT INJURY DAMAGES FROM A DECEASED DRIVER?
When the person who caused an accident is deceased, it may seem wrong to try to collect damages. After all, the family of that driver is grieving and there may not seem to be a purpose in holding him or her accountable. However, just because an at-fault driver is injured or killed in an accident caused by negligence does not mean that victims should be denied compensation. If you were injured by a driver who died in the same accident, it will not change the fact that you must recover compensation to pay for your medical bills, your lost wages and your pain and suffering. In order to do that, it may be necessary to file a lawsuit against the driver’s estate. The estate of a person includes not only insurance coverage but any assets that the person had during life. This may be a source of payment for the victims of this driver if insurance does not cover all of the costs.
WHAT IF THE DECEASED DRIVER HAD NO INSURANCE AND NO ESTATE?
It is sometimes the case that those who cause accidents have no insurance on their vehicles and leave behind no assets to be claimed. In cases such as this, it is important to have uninsured motorist coverage to pay your expenses. You can purchase uninsured motorist coverage as part of your motor vehicle coverage from your own insurance company. You should probably set your uninsured motorist limits at the same level as your liability limits, and both of these limits should be roughly reflective of your net worth. Underinsured motorist coverage is also available so that you can bridge the gap between what your medical and other expenses cost and what the insurance policy pays. Contact Bernstein & Poisson in Las Vegas for more information on how to protect yourself from injury expenses.