A man riding his scooter in Ogden, Eddie Clouse, lost his life after taking evasive action from being hit by a SUV. According to the Standard-Examiner, the 76-year-old man was riding his scooter northbound on Washington Blvd. on August 15, 2024, when a 33-year-old woman driving a SUV merged over to turn right on 22nd Street. Although it was 1:15 p.m. in the afternoon, the woman told police she didn’t see the man on the scooter, who crashed trying to get out of the woman’s way. Following the crash, he was taken to a local hospital for severe head trauma.
Duty to Share the Road. Legally speaking, motorists have a duty to use reasonable care when driving. This means, they need to be looking for hazards ahead of them on the roadway, including persons riding bicycles or scooters. Nothing in this story talks of the scooter rider doing anything that would have contributed to this crash happening. From the sound of it, the woman didn’t see a hazard that was clearly there to be seen and was not driving as careful as she should have been. She had an obligation to “share the road” and the facts suggest she didn’t do that.
Available Wrongful Death Action. The heirs of persons who wrongfully died due to the negligence of another are entitled to bring a claim for their loss. Such persons are considered “wrongful death heirs.” In Utah, wrongful death heirs include the children, parents and spouse of the deceased. There is a two-year deadline to bring such claims.
Possible Survivor Action. While the loved ones of scooter rider can bring such a claim and tap into the insurance policy limits of the woman driving the SUV, the estate of the deceased can also bring a claim. This is called a “survivor action.” It’s called this because the deceased person’s claim “survives” their death and the deceased’s representatives can bring a claim for the pain and suffering the deceased endured prior to their death.
Ron Kramer is an attorney practicing accident and injury law in Utah, Nevada and Idaho.
