Anderson residents may be saddened to hear of the recent death of a cyclist who was killed just a block from his home after being hit by a car. The 45-year-old man’s wrongful death was made all the more tragic as the man was reportedly rebuilding his life after being homeless for a brief time. Although police continue to investigate the accident, a spokesman for the Anderson Police Department did not believe any charges would be filed.
The accident happened on Feb. 9 at around 8 p.m. The 45-year-old cyclist was wearing a dark jacket at the time, which could explain why the driver of a Honda Accord struck him. Nonetheless, motorists have a duty to pay careful attention to the road, and even if the driver was not criminally liable, he may still be civilly liable.
When a victim dies as the result of someone else’s negligent or willful conduct, the incident may provide grounds for a wrongful death lawsuit. Such suits are typically filed by the victim’s surviving family members, and it can help recoup compensation not only for any medical expenses, but also for funeral expenses and for pain and suffering. While the law certainly cannot make amends for the loss suffered by the family members, it can help them with monetary compensation.
In this case, the motorist may well have been negligent in not paying enough attention to the road. The family of the deceased cyclist may thus consider the possibility of filing a wrongful death suit against the driver.
Source: Anderson Independent Mail, “Friend says bike rider was rebuilding his life before fatal accident,” Feb. 10, 2012