A bicycle injury attorney notes that the family of a bicyclist killed by an alleged drunk driver is suing the driver for the wrongful death of a loved one. The driver has already accepted a plea deal and pled guilty to DUI manslaughter and other charges in the 2015 incident. In addition to criminal charges, people who drive under the influence may be liable to the cyclists they harm, and victims of negligence, as well as the families of those killed, may be eligible to recover compensation with the help of a bicycle accident lawyer.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated bicycle injury attorney who can assist you throughout the legal process.
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Officials: Driver Tampered With Evidence Before Admitting Guilt
A 22-year-old Florida man is facing a wrongful death lawsuit following a Key Biscayne crash that killed one cyclist and seriously injured another. According to CBS Miami, the lawsuit comes in the wake of the 22-year-old’s acceptance of a plea deal after he was charged with various crimes related to the incident including alleged evidence tampering and DUI manslaughter. The man’s father, the vehicle owner, was also named in the lawsuit, according to attorneys for the victim’s family.
Per the terms of the plea agreement in the criminal trial, the driver at fault will spend only two years in prison, followed by two years of house arrest and ten years of probation. This comes after law enforcement sources say he allegedly tampered with evidence and left the accident scene before returning and admitting he’d been operating the car he had previously planned to tell authorities was burglarized. The exact terms and how much the victim’s family seeks in the wrongful death lawsuit have not been disclosed, the website reported.
Criminal Liability is Different Than Civil Liability
A bicycle injury attorney notes that, whereas criminal charges have been brought in connection with the January 2015 incident, the driver that hit the cyclists may still be liable under the civil justice system regardless of the outcome of his criminal case.
In a criminal matter, a person is accused of a crime and, if convicted, can be sentenced to jail. Sometimes monetary fines and restitution are imposed on the guilty party. However, the outcome of a criminal matter is often not relevant to a civil matter that could be brought against the person committing the wrongful act. A driver who intentionally harms pedestrians, cyclists, or other drivers commits a crime, but that person may also face civil liability in addition to criminal charges.
How a Bicycle Injury Attorney Can Help
Bicycle riders who are injured in accidents through no fault of their own may be entitled to compensation for damages resulting from their injuries, including:
- Pain and suffering
- Medical expenses
- Lost wages
- Loss of the ability to earn
- Scarring and disfigurement
If a cyclist is killed in an accident through no fault of their own, his or her family members may be able to pursue compensation for the wrongful death of their loved one. Wrongful death damages can include:
- Loss of the economic support of the loved one
- Medical expenses incurred prior to death
- Conscious pain and suffering prior to death
- Loss of the companionship of the loved one
- Funeral expenses
If the actions causing injury are malicious or so reckless that intent to harm can be inferred, the responsible party can be liable for punitive damages to punish wrongful conduct and deter similar conduct in the future.
People who have been injured in a bicycle accident through no fault of their own are advised to seek a qualified bicycle injury attorney to help them protect their legal rights.
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