We sometimes talk about vehicle accidents as a hierarchy, almost a food chain in which the smaller vehicles are extremely susceptible to injury from the larger ones. Tractor-trailers and 18-wheelers obviously occupy the top of this list, which descends from large cars and trucks to smaller cars, and finally to motorcycles and bicycles. In most accidents, cars are involved in some way or another because they are the most common types of vehicles. But sometimes, a very large separation of size and weight leads to a catastrophic tragedy.
It should go without saying that if a large 18-wheeler ever strikes or collides with a bicycle, then the bicyclist will be on the receiving end of serious injuries. In fact, a bicyclist in such a situation would be lucky to get out with his or her life. Unfortunately, such a collision occurred recently in New York, and the bicyclist was not lucky enough to survive.
In instances of fatal accident such as these, the families of victims are able to file wrongful death lawsuits to be compensated for their loss. Of course money is small consolation for the loss of a loved one, but at the very least it can ensure that you are not left financially strained as well as emotionally strained after such a tragedy. Naturally, the most important part of a wrongful death lawsuit is proving fault.
Fault can oftentimes be very difficult to prove, especially in truck accidents where large companies take concerted effort to reduce their liability, which is why it is significant when evidence is discovered that indicates the truck driver should not have been driving. In the case of the deceased bicyclist, the truck driver was determined to be under the influence of cocaine, which all but guarantees that he will be found at fault in the accident. If you have been injured in a bicycle accident in which you were not at fault, consider meeting with an attorney to help you bring a claim against the responsible parties.
Source: Gothamist, “Truck Driver Who Killed Queens Cyclist Tested Positive For Cocaine,” Lauren Evans, Oct. 15, 2015