South Carolina wrongful death case next after fatal bike crash?

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It is often difficult to piece together what caused a fatal motor vehicle accident from the initial press reports. That is particularly true when there were but two parties to the crash and one or both lost their lives. A recent tragedy in Lee County underscores the point and also evidences the importance of a full and impartial South Carolina police investigation following a fatal accident. The findings of such an investigation may play a crucial part in future legal proceedings, including a wrongful death case should the surviving family of a deceased victim wish to pursue such a claim.

The details of the accident are scarce. It is known that it occurred on a Saturday morning somewhat before 11:30 a.m. A pickup truck and a bicycle were involved. South Carolina authorities have indicated that preliminary evidence suggests the pickup truck rear ended the bicycle while headed northbound on a local roadway.

The force of the collision pushed the bicycle into a ditch. The cyclist died after being struck. While no charges were filed in the immediate aftermath of the fatal crash, the accident was said to be under investigation.

As law enforcement personnel in Lee County try to determine exactly what occurred, they will likely be interested in the position of the pickup and bicycle following the accident, as well as that of the victim’s body. In addition to interviewing the pickup driver, police will understandably want to talk with any witnesses. The family of the bicyclist, for its part, is likely struggling to come to terms with the tragedy while also following the inquiry and seeking the answers needed to move forward. The family retains the right under South Carolina law to pursue a wrongful death case if the evidence supports a finding that the trucker was negligent in a manner that caused the tragic fatality.

Source: wltx.com, “Bicycler Dies after being Hit by Truck,” Nov. 24, 2012

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