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North Carolina motorcyclist dies in alleged DUI crash

| Sep 4, 2014 | Wrongful Death |

Authorities reported that a motorcyclist died in an Asheville accident that might have involved a drunk driver. The August 25 crash happened at the intersection of Charlotte Street and Interstate 240 at around 9 p.m.

According to police, a 49-year-old man was driving a pickup truck on southbound Charlotte Street when he attempted to make a left turn onto I-240 and collided with the motorcyclist, a 37-year-old man. Police indicated that the motorcyclist had possessed the right of way.

The motorcyclist died at the accident scene, reportedly. Officials detained the pickup truck driver on multiple charges, including DWI and felony death by motor vehicle.

Because of the limited protection afforded to them by their vehicles, motorcyclists are particularly vulnerable to catastrophic if not fatal injuries during traffic accidents. This case demonstrates that fact. When motorcyclists die in accidents, their families must often endure not only emotional turmoil but also financial stress, especially if the decedent had contributed earnings to the family income.

However, certain family members of deceased accident victims may seek to recover the financial damages they suffered in connection with the fatal crash via civil action. If the accident can be imputed to another party’s actionable behavior, then the deceased victim’s family members may retain a personal injury lawyer and file a wrongful death claim against the at-fault party. In this way, bereaved family members may seek restitution for funeral expenses, lost earnings and other pecuniary losses related to the decedent.

In order to prevail in such a lawsuit, the bereaved family members’ attorney must prove to a civil court that the at-fault party should be held responsible for the event. Moreover, the attorney must demonstrate the specific damages the family suffered as a result of the fatal crash.

Source: Fox Carolina, “Police Identify Motorcyclist Killed in DUI Crash“, Casey Vaughn and Dal Kalsi, August 26, 2014

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