SAE Wants Wrongful Death Trial Moved to Tompkins CountyAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
SAE Wants Wrongful Death Trial Moved to IthacaAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
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David Isom Killed, Anna Rebecca Isom Critically Injured in Bicycle Accident in Amarillo, Texas
According to the Amarillo Globe-News, a man was killed and a woman
critically injured when their bicycles were struck by a pickup truck
just outside of Amarillo, Texas. The accident occurred around 4:10 p.m.
Thursday, January 5 when 46-year-old David C. Isom and 47-year-old Anna
Rebecca Isom were biking along the westbound service road of Interstate
40. The two bicyclists were struck by a pickup, whose driver stated he
was impaired by the sun. David Isom was killed in the accident while
Anna Isom was taken to Northwest Texas Hospital were she was listed in
critical condition.
Commentary First,
let me say I hope the remaining victim recovers fully from the accident.
I find the driver's excuse of impairment due to the sun to be odd given
the approximate time of the accident. Several sites list the time of
sunset to be about 5:50 p.m. on January 5, bringing into question the
driver's comments. Irrespective of this issue, a third party should
investigate the accident for liability purposes. Given this
determination, it is possible civil remedies could be available.
One of these prospective remedies is a wrongful death claim,
provided a few factors are met from the investigation. To have standing
in a claim like this, a party must first be identified as liable. Then,
negligence must be established on behalf of the liable party. Negligence
results in a party's actions following below what a reasonable person
would expect at the time of the accident. Driver inattentiveness could
reach this threshold. Following negligence, a claim only needs survivors
of the victim who are eligible under Texas laws to file on their
behalf, and they must be able to prove actual economic loss from the
accident.
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