Motorcycle accidents can have the most unpredictable results due to the fact that the driver and passenger are not tied to the vehicle. Dangerous ejections occur quite frequently. On Saturday morning, Aug. 21 at about 1:30 a.m., a man was operating a motorcycle on Georgia 400 near Holcomb Bridge Road. He apparently left his lane and caused a motorcycle crash with a median wall. In a tragic occurrence, his 28-year-old sister — a resident of Alpharetta — was ejected from the bike and run over by an SUV.
She was dead at the scene of the motorcycle accident, according to Roswell police. The operator was also ejected. He was taken to a hospital with what were described as minor injuries and then released. Upon release, authorities arrested him for homicide by vehicle in the first degree, DUI, reckless driving, failure to maintain lane, and violation of motor cycle.
Police are still looking for the black 2005 Jeep Liberty that ran the decedent over. It’s an interesting issue whether the ejection and initial impact with the road killed the decedent or whether the hit-and-run driver caused her death. In a case as close as this, both causes may be found jointly responsible. That may be limited by the Jeep claiming no time to react under the circumstances.
Unless there is clear-cut forensic testimony that the woman was dead prior to being struck by the Jeep, the driver of the Jeep may share substantial causation in this accident. If the estate of the decedent woman wants to pursue a case against the Jeep driver after he or she is found, it will probably have to retain a forensic accident reconstructionist. An expert can testify to an opinion that the Jeep’s driver participated in the cause of the woman’s death.
A motorcycle crash with these facts is governed by the Georgia law of negligence. The fact that the at-fault driver and the victim are siblings does not prevent the woman’s estate from bringing a wrongful death action for death damages against the brother. Additionally, as discussed above, the estate may also sue the operator of the Jeep if a forensic investigation of the accident justifies a finding that the Jeep driver contributed to the woman’s death.
Source: myfoxatlanta.com, Man charged for sister’s death in motorcycle crash, No author, Sept. 22, 2013