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DWI Causes Motorcyclist Death in Rear End Collision

Apr 28, 2015 Brown Moore Motorcycle Accidents

Weather conditions were not at issue on January 19th when a 50-year old motorcyclist was rear-ended on I-440 by a vehicle traveling an estimated 115 mph. According to ABC News, his instant death at the scene was allegedly caused by a young woman who is facing multiple criminal charges, including the following:

  • Felony death by vehicle
  • Felony hit and run
  • Driving while intoxicated (DWI)
  • Driving without a license with an expired vehicle tag and no insurance

In spite of this horrific list of violations, the victim’s family will face potentially significant legal challenges to protect their rights to pursue compensation after this tragic loss.

Wrongful Death Suits Make Little Sense in Some Cases

One of the most difficult things the victim’s survivors need to face is that they deserve compensation for the needless loss of their loved ones. However, even if they took the case to court and won a massive jury verdict, they would have virtually no chance to collect.

The offender in this case presents a prime example of why many people flee the scenes of accidents they cause. Besides having a high blood alcohol level, the woman mentioned in the above incident did not have a driver’s license or insurance. Many drivers who commit any one of these crimes run away to avoid severe criminal prosecution. This driver committed multiple felony crimes. While it is unclear why she left her car at the scene, it appears that this error made it possible for police to identify her.

The good news is that the offender faces multiple felony charges. Considering the amount of evidence against her, she will hopefully have no opportunity to injure or kill others on North Carolina’s roadways. However, this fact will be of little comfort to the victim’s survivors.

The offender had no insurance and she probably has no personal savings. Most likely, the victim’s family has no legal options to go after the offender. Aside from turning to the victim’s own uninsured motorist insurance, they cannot make the offender pay financial compensation for the loss of the motorcyclist who just happened to be in the wrong place at the wrong time.

Skilled Charlotte Motorcycle Accident Lawyers Can Still Make a Difference

When drivers become victim to uninsured motorists, the obvious solution is to turn to the uninsured motorist coverage that they are required to carry under state law. Still, it is important for them to understand that insurance companies do not represent their customers, and they typically take every available legal avenue to protect their own bottom lines. By engaging representation by experienced motor vehicle accident attorneys, accident victims and their families obtain many benefits, such as the following:

  • A review of insurance company settlement offers to help ensure they provide the fullest and fairest compensation possible
  • Representation in the mandatory arbitration that is often written into insurance policies to settle disputes
  • Vigilant monitoring for bad faith or breach of contract processes that may warrant taking additional legal action

It costs nothing to seek a free initial consultation to learn all possible legal remedies that may be available after the loss of a loved one. No amount of money can truly compensate families for this type of loss. However, calling us at 800-948-0577, or using our convenient online contact form may be the first important steps to pursuing legal relief.