A recent news story out of Indiana serves as a saddening reminder of the danger that is presented by semi-trucks and other large vehicles to bicycle and motorcycle riders. The report describes a fatal accident between a box truck and a bicyclist that occurred in Indianapolis earlier this month. It appears from the report that a woman on a bicycle was killed after she steered her bicycle into the path of the truck driver. After the fatal crash occurred, the driver of the box truck called the police and explained what happened to investigators.
After the accident, the police department released a statement that criminal charges will not be brought against the truck driver for his role in the crash, and authorities are continuing to investigate the exact cause of the crash. Even with the decision not to press criminal charges against the box truck driver, the family of the deceased woman may still be entitled to compensation after her tragic death. If the semi-truck driver has personal injury protection insurance coverage, sometimes known as “no-fault” coverage, a claim could be brought on behalf of the woman, regardless of her responsibility for the accident.
Law Enforcement Investigations May Not Be Complete
Although the police declined to press criminal charges against the truck driver, he still may face civil liability for negligence and wrongful death for his role in the crash. The standard of proof for criminal charges is higher than that required to collect a civil judgment, and since the truck driver remained at the accident scene after the woman was hit, the police heard his perspective on the cause of the accident, while the biker was not available to give a statement.
Police do not always interview all of the witnesses to an accident, and security footage or other evidence may be available that they do not consider in deciding whether to press charges after a tragic injury or death. Although they are useful in civil cases, the investigations performed by police are not primarily intended to determine civil liability for an accident or death. A more thorough investigation may reveal that the truck driver was partially responsible for the crash because of his negligence, and the biker’s family may be entitled to substantial damages as a result.
Contact a New Mexico Truck Accident Lawyer to Review Your Case
If you or a family member has been in an accident with a semi-truck, the damage can be devastating. Even if the police report determined that the truck driver should not face criminal charges, you still may have a civil cause of action for damages. Contact the experienced New Mexico semi-truck accident attorneys at the Fine Law Firm to investigate your case. Our investigators and skilled personal injury attorneys understand the dangers presented by large vehicles on the road, and we will do everything we can to hold a driver accountable for your injuries and seek the compensation you deserve. To talk to an attorney about your case, contact the Fine Law Firm today at (585) 989-3463 or sign up online and schedule a free consultation.
More Blog Posts:
Court Applies Good Samaritan Statute in Truck Accident Case, New Mexico Personal Injury Lawyer Blog, September 21, 2016.
State Appellate Court Reverses Jury Verdict for Plaintiff in Accident Lawsuit, New Mexico Personal Injury Lawyer Blog, October 12, 2016.