Motorcyclists on our Florida roadways face an array of dangers, but the
most threatening of all is the inherent risk in sharing the road with
careless vehicle drivers. Earlier this month, the terrible motorcycle
accident that killed Michel Vachon and his wife Suzanne Libbe Vachon highlights
just how dangerous sharing the road with other drivers can be.
The surviving family members of Mr. and Mrs. Vachon, which may include
minor or adult children, or potentially the parents of the victims, may
have a legal claim against one or more Defendants for Wrongful Death damages.
However, in order for a claim to be valid and compensation awarded to
the surviving family, there are several important potential Defendants
that must be investigated by an experienced personal injury and
Wrongful Death attorney.
This article explains who among the potential parties involved in this
awful accident may be held liable as a Defendant in a Wrongful Death lawsuit
handled by a personal injury lawyer.
The Defendant Driver Could Be Held Liable
The potential Defendants in this case could be the driver of the vehicle
that struck and killed Mrs. Vachon, and resulted in the death of Mr. Vachon,
which occurred a few days after the accident. That driver has been identified
in media reports as Amal Kahn, a 28 year-old automobile mechanic. Witnesses
at the scene told police that Kahn may have been speeding at the time
of the collision.
Kahn was driving a 2002 Lexus, presumably testing the repairs he or another
employee of the dealership he works for made to the vehicle. During mid-afternoon
on 4/6/2016, Kahn was driving the Lexus on Dixie Highway in Delray Beach
when he allegedly swerved into the path of the Vachons’ motorcycle.
Kahn reportedly remained at the scene, where he was later released by
the police without criminal charges.
The police report will indicate which party in the accident was at fault.
If Kahn is found to have been at fault for the accident, his personal
insurance company could be responsible for the Wrongful Death of Michel
and Suzanne Vachron.
The Dealership Employing Khan Could Be Held Liable
In addition to the defendant driver being held liable for the accident
that killed Mr. and Mrs. Vachron, the dealership that employs Kahn as
a mechanic or technician could potentially be held liable under Florida
law. That dealership, identified in media reports as Ed Morse Toyota Scion
in Delray Beach, likely carries general business liability insurance,
as well as a commercial automobile insurance policy that covers the company
in the event an accident occurs as a result of negligence from one of
its mechanics test-driving a customer’s vehicle.
Business insurance policies vary in terms of coverage, and unfortunately,
not all businesses carry sufficient insurance. However, business owners
would be wise to carry a policy in the event an accident or tragedy such
as this occurs. Without insurance, the business owner of this dealership
could be personally held liable for potentially millions of dollars for
this terrible accident, which took the lives of two innocent motorcyclists.
A Third Party May Be Held Liable
Another possibility could be the existence of third-party liability. This
means that there was another factor of negligence that potentially caused
this accident to occur in part or in whole. Witnesses say that Kahn lost
control of the Lexus just before colliding with the Vachon’s motorcycle
due to an unseen force or influence, possibly in avoidance of a collision
with a third vehicle. If that third vehicle was improperly positioned
in the road, or performed some illegal maneuver, that vehicle may be found
to be at fault for the collision, and their insurance could be held liable
for these the unfortunate deaths of Mr. and Mrs. Vachon.
An investigation into the police report and all of the potential Defendant(s)
insurance policies by a
personal injury lawyer or firm could reveal additional parties or possibilities for seeking damages
for the surviving family to help right this terrible wrong.
Only with experienced legal counsel will the surviving family know what
rights are afforded to them under Florida law for seeking compensation
and damages from the Defendants that caused this awful accident, resulting
in the untimely death of Mr. and Mrs. Vachon.
If you or someone you know has been injured or killed in a motorcycle accident
that wasn’t their fault, please consider calling or visiting the
Law Offices of Craig Goldenfarb, PA for a free consultation with Mr. Goldenfarb.
We may be able to help the family seek the justice they deserve.