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Massachusetts motorcyclist in fatal accident

A 27-year-old man died on June 11, two days before his birthday, after a vehicle hit his motorcycle. The man had just bought the motorcycle earlier in June, and his best friend was driving in a car behind him when he was hit. The accident happened around 6:30 p.m. in the 100 block of Border Street in Scituate. A 19-year-old Hanover man was pulling out of a driveway when he hit the motorcyclist. According to officials, no charges have been filed. Massachusetts State Police in conjunction with the Plymouth County District Attorney’s Office, the Scituate Police Department and State Police CARS are all working on the investigation. The family of the motorcyclist may consider filing a wrongful death claim against the man who was driving the vehicle that hit him whether or not criminal charges are filed. Civil suits are separate from criminal cases and require a different burden of proof, so the outcome of one is not linked to the other. Those filing wrongful death claims after fatal motorcycle accidents must prove negligence on the part of the drivers. This negligence does not have to rise to the level of something that is actually illegal, such as driving under the influence. If it can be shown that a driver did not take reasonable precautions, this may be enough to constitute negligence and win a civil case. For example, in this case, the driver may have pulled into the road without looking for oncoming traffic, which could be negligent behavior. Some compensation for lost income awarded from a successful civil suit may be particularly helpful when a person leaves behind dependents. Source: Wicked Local Scituate, “Scituate man killed in motorcycle accident“, Ruth Thompson , June 12, 2014

Aiken and Aiken P.C. Personal Injury Attorneys