Earlier this month, an appellate court in Rhode Island issued a written opinion in a case involving a motorcyclist who was killed after he fell off his motorcycle and was struck by a car. At issue in the case was whether the man’s insurance coverage was triggered. The lower court determined that it was not, but on appeal, the court held that there were material issues that should be submitted to a jury for resolution.
The accident victim was riding his motorcycle when a garbage can fell off a truck and got stuck in the wheel of his motorcycle. The man lost control of the motorcycle, fell off, and rolled to a stop in an adjacent lane. Before he could get up, he was struck by a passing vehicle.
The man was pronounced dead at the scene. It could not be determined whether he died as a result of falling off the motorcycle onto the pavement, or whether he survived the initial fall and was killed when he was struck by the passing motorist.