Our pedestrian accident attorneys recently settled a lawsuit for a woman who was struck by an automobile as she was lawfully crossing the street in her motorized handicapped scooter. The client had a prior auto accident in 1976 with significant lower extremity injuries for which she was treating and required surgery. As a result of this accident, she suffered a rotator cuff injury and underwent had arthroscopic surgery on her shoulder. She is still having some residual symptoms.
Although traveling on a motorized scooter, our client was still considered a pedestrian under Michigan law, and pedestrians who are injured in Michigan car accidents do have legal rights. There are two potential claims arising out of the automobile accident. The first claim a pedestrian has is for no-fault benefits, which will cover your damages for lost wages, medical expenses and household chores. Every pedestrian injured in a Michigan car accident is entitled to these benefits. In addition to making a claim for no-fault benefits, if the pedestrian accident victim has their own automobile insurance which had uninsured motorist coverage or were living with a relative who had automobile insurance which had uninsured motorist coverage, you may be able to make a claim against the insurance company for uninsured motorist coverage, which will cover all of your non-economic damages, including damages for pain and suffering and disfigurement.
We filed a lawsuit on her behalf against the negligent driver in the Oakland County Circuit Court in Pontiac, Michigan. After taking depositions of the parties, we were able to prove the other driver was at fault for the accident. Our client’s treating doctors supported that her rotator cuff injury and the need for surgery was caused by her being hit by a car while on her motorized scooter. The insurance company for the negligent driver agreed to pay a settlement in the amount of $90,000.00, which was substantially more than the case evaluation award rendered in this case. As such, the case was settled prior to the scheduled jury trial.
If you or a loved one is a pedestrian hit by car while traveling on a motorized scooter, you do have legal rights. Call our office now at (800) 606-1717 to speak with one of our experienced Buckfire & Buckfire, P.C. pedestrian accident lawyers. Our attorneys have significant experience in these types of cases and have a track record of obtaining sizeable settlements for their injured clients. We can do the same for you. Call now for a free consultation.