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Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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Wrongful death lawsuit filed after cyclist death

On Behalf of | Jan 2, 2013 | Wrongful Death

A wrongful death lawsuit has been filed in Macon by a Kathleen family whose loved one died as a result of injuries that he sustained in front of his house when he was cycling.

The man’s widow and the administrator of his estate filed the wrongful death lawsuit against the driver, a neighbor who was driving her children to the local school at the time that she hit him. The lawsuit claims that she was negligent by failing to observe the roadway, failing to yield to the deceased’s right of way and not exercising due care in the operation of a motor vehicle. The claim asserts that the cyclist was in the process of mounting his bike at the time of the accident. However, these claims are in direct contradiction to the Houston County Sheriff’s Office’s accident report that states that the cyclist was operating his bike at the time of the accident and failed to yield the right of way of the vehicle the neighbor was driving.

The woman driver stated in a video deposition that she never saw the cyclist and that she thought that she had hit a mailbox. The federal lawsuit is asking for a jury trial and $70,254.92 in medical expenses and $5,976.05 in funeral expenses as reimbursement to the family. Damages are also being sought for the value of the deceased’s life.

A wrongful death attorney can help a family recover damages if a loved one was killed by the negligence of another person. A family may be able to request economic losses associated with the loss of a loved one, as well as damages for pain and suffering and grief.

Source: The Telegraph, “Family of Kathleen bicyclist killed in front of his home files wrongful death suit against van driver,” Becky Purser, Dec. 20, 2012


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