Man Killed in Motorized Tricycle Accident

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May 01, 2019
Edward Smith

Man Killed in Motorized Tricycle Accident

A man was killed in a motorized tricycle accident on the night of April 28 in Ceres. A report came in shortly after 8:40 p.m. about a bicycle accident in the area of Moffet Road and Service Road. Officers from the California Highway Patrol (CHP) responding to the scene found the rider of a motorized tricycle lying in the roadway, and a Lexus stopped along the shoulder of the road. A preliminary report suggested that the driver of the Lexus, a 32-year-old Ceres woman, was headed eastbound along Service Road in the vicinity of Collins Road. For unknown reasons, she failed to see a man riding a motorized tricycle eastbound and struck the rear of the bike. The man was propelled off the bike and over the top of the vehicle, breaking the sunroof, and fell to the ground after striking the trunk. Paramedics were requested to the scene to perform lifesaving measures. Sadly, their efforts were unsuccessful, and the rider was declared deceased a short time after the crash. He has been identified by the Stanislaus County Coroner’s Office as Mike Vilmur, a resident of Ceres. Our condolences are with the friends and family of the man who lost his life in this tragic accident.

Common Injuries in a Tricycle Collision

Riders face a higher risk of serious injury or death than drivers and passengers of motor vehicles. This is due to the lack of physical protection a tricyclist has in a crash. After a collision, riders can suffer catastrophic injuries such as facial scarring, spinal cord injuries, nerve damage, internal trauma, bone fractures, and traumatic brain injuries. These injuries can have a significant impact on the injured rider’s quality of life, especially if they are permanent in nature. If the tricyclist succumbs to their injuries, this can be even more so devastating on the family they leave behind.

Tricycle Accidents and Wrongful Death

Helmets, rear view mirrors, brake lights, and reflectors are some of the equipment tricyclists can use to keep themselves safe on the road. However, this is not always enough. Something we hear too often after a tricycle accident is that the motorist did not realize someone was riding a bike in the road until it was too late. When a loved one is lost in a tricycle accident caused by a negligent driver, the family of the decedent may seek compensation for their loss through a wrongful death claim. This provides reimbursement of economic and noneconomic damages such as:

  • Medical expenses related to the incident that claimed the life of a loved one
  • Costs of a funeral and burial
  • Financial support the decedent would have been expected to contribute to his or her family in the future
  • Loss of affection, care, comfort, guidance and protection provided by the deceased
  • Loss of consortium if the decedent was married
  • Punitive damages from the at-fault party if the accident was caused by an egregious act such as driving under the influence

Who Can File for Wrongful Death? 

In California, specific individuals listed in the California Code of Civil Procedure can file for wrongful death. These include the children, domestic partner, or spouse of the decedent. If these parties are nonexistent then the parents, stepchildren, or putative spouse may file a claim. Keep in mind that these parties must be able to prove they were financially dependent on the deceased to be eligible for wrongful death recovery. For more details on these types of cases, watch the below video.

Benefits of Hiring an Attorney

While a family is grieving the loss of a loved one, an insurance company is likely examining the details and circumstances of the tricycle crash. By doing this, the insurer can find ways to minimize or deny a wrongful death claim that is owed to surviving family members. In these cases, it is critical to have a Modesto personal injury attorney who is experienced in handling wrongful death cases at your side. A lawyer can help prove liability by gathering the necessary evidence and exhausting all possible avenues to obtain the compensation you and your family need and deserve to move forward from your loss.

Modesto Personal Injury Lawyer

I’m Ed Smith, a Modesto personal injury attorney. When a car and a bike collide on the road, the cyclist is the one who most often sustains catastrophic or even fatal injuries. If you have been injured or lost a family member in an accident, I am here to provide you with free, friendly case advice. Please call me at (209) 227-1931 or toll-free at (800) 404-5400.

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For a list of cases our law firm has handled and their outcomes, go to our Verdicts and Settlements page.

Picture Credit: By “StockSnap” via Pixabay

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