Skip to main content

What will happen to a friend who rear-ended a man on a moped? The man is in hospital, had brain surgury and is in a coma.

Appleton, WI |

The friend said she has no periphial vision in her right eye hit the man on the right side of small pick up truck, took the side mirror off. No charges have been filed yet, victim can not speak, no witnesses, she is a bit 'off' having had a stroke 10 years ago. She had an incident in May where she could not drive on a major highway doing speed limit(she went 35 in a 65, weaving back & forth)Police are making her re-take her driving test, this accident happened a week before she was to take test. The police never took her license away. She had minimal car insurance, but is totally broke on social security disability, food stamps and rent assistance. She is very religious, gave prayer as part of the police statement, is not doing anything proactive as it's "in God's hands".

Attorney Answers 5

Posted

As previously indicated, she needs to report the accident to her insurance carrier, and consult defense counsel regarding any citations or charges issued or pending. If a criminal charge issues, she may be entitled to a public defender. In addition, if she passes any mandatory re-test, which seems unlikely, she should expect DOT proceedings to take away her license for medical reasons based upon the circumstances described.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

Mark as helpful

1 found this helpful

2 lawyers agree

7 comments

Asker

Posted

I was wondering if I am able to contact the family to express my sorrow that this has happened to their family member. Last I heard he had part of his skull removed and is still in a coma. The family is doing nothing. The women that hit him had to take a driving test on Wednesday, which she failed, from the first incident in May when she was stopped for doing 35 in a 65, weaving back and forth on a major hwy. I am the mother of the girlfrined of one of the sons. I feel so bad for the family and really want to reach out to them. From what I read on line, they are starting a donation cup in a guitar shop for his medical bills. The man was a musician. The family is not retaining a lawyer for their mother, they are figuring she will get a public defender. The soons are wondering if they could be sued, it was her truck, but the son gave it too her knowing full well of her medical conditions.

Asker

Posted

oops, sons

Asker

Posted

Also, what about the police man that let he drive after the incident on the major hwy, why didn't they take her license then? This women has a history of incidences, falling off a bike, tripping on sidewalk, she does not seem 'all there' and the family, who is fully aware of this, continues to support her driving.

Michael C. Witt

Michael C. Witt

Posted

If the truck was registered and insured in her name, the sons probably don't have primary liability, but if they have assests, it is possible that a good plaintiff's lawyer will go after the deep pockets. Until you posted the information about their poor decision in this public forum, it was unlikely that anyone would have even known about it. You should probably stop posting details about this family's poor decision making. As difficult as it can be to take away a parent's mobility by insisting on the surrender of their driver's license, actively facilitating continued driving by someone who is not capable of doing so safely just so you can avoid the inconvenience of having to drive them around is a different story. The police do not have the power to just take someone's license. All they can do is cite the violating behavior, and refer the person to DOT for re-testing or medical review, which they apparently did.

Asker

Posted

Thank you so very much. I have enough information thanks to all of you kind lawyers that are helping folks out on this web site. I will stop posting info about hte family. I am shocked and awed in how they are handling the situation, but ultimately it is not my family and so be it. Thanks again, you have helped tremendously.

Asker

Posted

I wanted to add, the man died on Saturday. What will happen to the women that killed him? Will she me convicted of vehicular manslaughter? She left the state.

Michael C. Witt

Michael C. Witt

Posted

By suggesting that she has crossed state lines to attempt to avoid prosecution (won't work, is arguably a separate offense) once again, you are posting facts which will not help the person.

Posted

She needs to report this to her insurance carrier immediately.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

Mark as helpful

1 found this helpful

7 lawyers agree

1 comment

Asker

Posted

I thought I would mention this women is 67 years old, on disability since her stroke 10 years ago, but has no evidence of any physical disabilities what so ever, she walks, talks, swims, rides a bike, shops as if there is nothing wrong. Mentally, a wee bit 'off', but very stuborn and emotionally manipulative to all her sons. Wants to keep this a 'secret', won't tell any women for some odd reason and won't tell family members such as her sister.

Posted

Friend need as suggested to report to her carrier and she needs to hire a criminall defense attorney.
As to her comment that, "It is in God's hands" , remind her that God frequently helps those who help themselves. God gave us free choice nad sometimes we need to be thoughtful about the choices we make.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Mark as helpful

1 found this helpful

5 lawyers agree

3 comments

Asker

Posted

Is the criminal defense attorney incase the man dies or is brain dead? What bothers me is the police acknowledged she was not medically able to drive when the first incident happened in May, let her keep her license, and then she goes on to hit someone. I found out she got her DL in Oregon 40+ years ago and never tested in the state of Wisconsin and never had to take a drivers test after her stroke. I am amazed the DMV does not force people with medical issues to re-take the physical drivers test. I greatly appreciate your help and totally agree the God helps those that help themselves.

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

The criminal defense attorney is in case the government decides to prosecute for any reason without regard to what the charges might be.

Asker

Posted

Why would the government decide to prosecute? What would their involvement be based off of?

Posted

She should turn it over to her insurance company a.s.a.p. If she is of limited means then perhaps the other person will not pursue anything above and beyond the insurance policy. They will likely do an asset check before deciding. Her insurance company will try to settle the case within the policy limits to protect her. If she had any other people living with her at the time of the accident she may qualify as an insured and have extra coverage.

AVVO does not pay us for our responses and simply because I responded to your question does not mean I am your attorney. This is for informational purposes only. If you require legal assistance a more in depth discussion of your case is needed as there are many other issues to consider.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Gary A Kester

Gary A Kester

Posted

FOR CLARITY. If you have a person staying or living with you that also has a car or automobile insurance, in some instances you may qualify as an insured on that policy which would provide the extra coverage I referenced above.

Posted

She should turn this over to her auto insurance carrier immediately

Mark as helpful

1 found this helpful

1 lawyer agrees

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics