Police investigations into accidents are important not only for filing criminal charges or handing out traffic tickets, but also for uncovering important evidence for use in subsequent civil actions. When West Virginia authorities determine the cause of an accident, the facts on which that conclusion is based may play an important role in assigning liability for the accident in resulting wrongful death or personal injury claims. Authorities are currently investigating a fatal motorcycle accident that occurred in late September.
According to authorities, a motorcycle and car collided in Hampshire County at U.S. Route 50 and West Virginia Route 29. The biker was thrown from his motorcycle and pronounced dead at the scene. The driver of the car suffered injuries not deemed to be life threatening and was taken to a hospital for treatment.
There is no word on whether any citations were issued. Nor have authorities indicated whether they intend to file any charges in connection with the fatal accident. Until the investigation is complete and a report is issued, the family of the deceased victim will likely be left with few answers. In the meantime, the family members are likely struggling to come to terms with the shocking reality of their loss.
Burying a loved one is never easy. A death that occurs so unexpectedly often adds another dimension of grief. Though the preliminary information concerning this motorcycle accident is sparse, the motorcyclist's family reserves the right to file a wrongful death action should the evidence document that the actions of the car driver were negligent and caused the fatality. If the family is able to prove negligence in a West Virginia court, damages will be considered in order to compensate the victim's family for its pain, loss and suffering.
Source: WHAG-TV, "Man Dies In Hampshire Co. Motorcycle Crash," Lynn Lawson, Sept. 25, 2012