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Family of hit-and-run victim files lawsuit against driver


Recently, the family of a 24-year-old woman killed by a hit-and-run driver as she was riding her bicycle to her boyfriend's house has filed a wrongful death lawsuit against the 31-year old driver. The wrongful death suit alleges that the driver was negligently operating his vehicle when he hit the woman, and that the woman had adequate lighting on the front and back of her bicycle. The driver alleged that he did not see the woman riding her bike due to vegetation protruding from the road, and that he thought he had hit a deer when he struck the woman, but turned himself in when he realized what had actually happened. The lawsuit seeks $5 million in damages for effects such as sorrow and mental anguish.

Wrongful death lawsuits are brought by the representatives of the deceased, usually a family member or attorney, and are brought to hold a party accountable for the alleged negligence that led to the deceased person's death. Wrongful death lawsuits are intended to give the family members and loved ones of the deceased an adequate financial compensation for the negligence leading to the death of the deceased.

Negligence is alleged when a person breaches a duty of ordinary care towards another that causes injury or death. The ordinary care must be that which a reasonable person would exercise, and the alleged breach must be the actual cause of the plaintiff's injuries. In this case, it is alleged that the driver breached a duty of care towards the woman by hitting her with his car and not taking adequate precautions not to hit her. A breach of a duty of ordinary care is enough to establish negligence.

Anyone who has lost a loved one or a family member to the negligence of another is entitled to bring a wrongful death lawsuit so that an adequate financial compensation is received and the defendant is held accountable for the negligence. Any family impacted by a wrongful death has the right to seek this solution.

Source: Richmond Times-Dispatch, "Family files wrongful death lawsuit in hit-and-run," Reed Williams, July 6, 2013

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Family of hit-and-run victim files lawsuit against driver | Rose, Klein & Marias, LLP