An overturned bicycle after a crash that landed a state representative and police chief named in a wrongful death claim.
The family of a man who was struck and killed in a bicycle accident has filed a wrongful death claim, naming the driver as well as a Georgia state representative and the Chief of Police for Cedartown. According to the police report generated from the accident, the driver who struck the bicyclist fled the scene, later telling police he thought he hit a deer, but wasn’t sure. However, instead of calling 911, the at-fault party allegedly instead called a friend of his, who happens to be a state representative. That friend also did not call the police, but instead, walked the site of the accident with the driver, where they saw a bicycle in a ditch, but no body. The chief of police received a call from the state representative about the accident around 46 minutes after it occurred. The chief of police also did not call 911, according to the victim’s family. Instead, he sent an officer to the scene who found the victim still alive at the time. The victim reportedly died at the hospital a short time later. A Polk County grand jury later indicted the driver on charges of hit and run and reckless conduct. The state representative was indicted on one charge of reckless conduct. The court papers filed in the case indicate that, in spite of the fatality, the driver who struck the bicyclist was never given a breathalyzer, a blood test, or any sort of field sobriety test to determine if he had been drinking. Cedartown’s attorney noted that the police chief and other city leaders are aware of the claim and dispute the material allegations of the complaint. Individuals who injure or kill others in motor vehicle accidents are required to remain on the scene and to render aid to the victim. Rendering aid does not mean that an untrained person is expected to perform life-saving procedures, only that they call for help and remain on the scene with the victim until help arrives. If you have been injured or have lost a loved one in a traffic-related accident caused by someone else, an attorney from Cambre & Associates LLC can help you understand your legal options. Contact us for a free case evaluation.