The death of a 57-year-old Milwaukee man struck by a hit-and-run driver as he was riding his bicycle in Milwaukee has resulted in four felony charges being brought against a 13-year-old-girl.
The girl was driving a stolen auto when she struck the cyclist. At the time, she was drag racing teenagers who were also driving a stolen vehicle. The girl told authorities that she did not see the victim. He was riding his bicycle to work at the time of the hit-and-run accident. Failure to see an obstruction, vehicle or pedestrian can be the result of a distracted driver, such as might occur when racing another vehicle; and is most certainly the act of a negligent driver. Novel legal issues arise from the liability and insurance questions.
The estate and /or family of the deceased victim have the right to recover for their losses. Those rights are against any person or persons who were negligent and whose negligence was the cause of the losses claimed. Negligence, under Wisconsin law is conduct that falls short of what a reasonable person would do to protect another individual from foreseeable risks or harm
The 13-year-old driver was clearly at fault, however, will insurance obtained by the owner of the stolen vehicle be available to cover the loss? The driver was not licensed; the car was stolen. Although the legal issues are both novel and interesting, without knowledgeable, experienced guidance, the family of the deceased may be facing an economic tragedy in addition to the emotional tragedy they have already suffered.
Source: Fox11, "Girl 13, charged in fatal Milwaukee hit-and-run," Aug. 15, 2012
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