Motorcycle riders in South Carolina assume certain risks when they take to the road. However, they rely on other motorists to exercise caution and to pay attention as they drive. Unfortunately, all too often, when a motorcycle accident occurs, drivers say they did not see the motorcycle rider — either at all or until it was too late.
It is too early to speculate as to whether a dump truck driver failed to see the motorcycle he hit back in April. Police say the driver pulled out of a driveway in Columbia and slammed into a motorcycle rider. He then fled the scene.
The motorcycle rider suffered severe injuries in the crash and did not survive. A South Carolina law enforcement officer reported seeing the motorcycle rider speeding just before the accident. The deputy may have been attempting to catch up to the 37-year-old rider when he came upon the scene. By this time, the dump truck driver has vanished.
Even if the victim had been speeding, he may be alive but for the collision with the dump truck. These issues must be sorted out as the family of the deceased victim considers what legal steps, if any, may be appropriate in the aftermath of the tragic motorcycle accident. If the family chooses to pursue a wrongful death claim seeking relief in the form of monetary damages, they will need to prove to a civil court that the truck driver negligently caused or contributed to their loved one’s death. If they succeed, they may be awarded monetary damages to reimburse them for funeral and burial costs along with other financial damages recognized by our laws.
Source: wistv.com, Dump truck driver charged in deadly hit-and-run involving motorcycle, Jason Old, Nov. 22, 2013
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.