Michelle Rioja was killed while riding her scooter at about 4:15 p.m. on Monday November 17, 2008 in Woods Cross Utah.  Michelle leaves behind a husband, a 14-year-old son and others.  Michelle was only 36 years old. Like so many accidents this one happened not too far from their home.  Both Michelle and her husband were out for a leisurely drive in the area to see how far they could go on thier scooters.  The scooters were both westbound on 500 South when traffic slowed and stopped in front of them.  Michelle's husband said Michelle shot past him and ran into the back of the stopped vehicles as he was stopped.

Michelle had completed a motorcycle safety class and had been riding this scooter the year prior to the crash.  She was not wearing a helmet however.  Apparently she died at the scene from massive brain injury.

At the scene there appears that there was immediate suspicion about the condition of the braking system for the scooter.  What should be done in this case as soon as possible is preservation and investigation of the evidence.  In this case the scooter needs to be immediately secured by the police.  If the police are unwilling to secure the vehicle the family needs to make sure the scooter is kept in a tamper-proof location.  Next a certified and reliable scooter mechanic should be given access to the scooter to investigate the condition of the braking system.  This mechanical investigation should be video-taped to avoid accusations of tampering that the insurance companies will raise if there is brake or mechanical failure found.

Like so many scooter and motorcycle crashes we handle there is more than meets the eye at first glance.  Investigations need to be timely launched and the law firm persons engagte need the resources to do this.  I wish the best for the surviving family and they have my sympathy.

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