Accident injuries vary, just as the circumstances surrounding a collision range. Visibility is a significant factor among any vehicle crash, and this happened to be an alleged factor in a bicycle accident in Wake Forest earlier this year when 9-year-old Logan Decosta was struck by a driver. According to local news reports, the driver claimed it was dark outside and they were unable to see the child playing with a group of children. (The other children were not injured nor struck.) The injured boy was not wearing a helmet and was brought to Duke University Hospital where he was pronounced braindead and did not survive the accident injuries.
Conflicting statements in local news reports suggest that the accident occurred around 8PM in early May 2015. The driver of the car that caused the collision alleges it was too dark to see. Natural light levels at the apparent time of the accident might have been sufficient enough. Accident reconstructionist and investigators will likely address this if the parents of Decosta choose to pursue a wrongful death claim. This factor brings up an important point anyone suffering an accident must address: Evidence. Raleigh bicycle accident attorney Brent Adams reviews ways to document your accident for trials and out-of-court negotiations.
Although Decosta is not suffering any longer, the boy's surviving family members in Wake Forest and elsewhere have a tremendous grief to navigate. Aside from Decosta's end-of-life medical bills, the surviving family must carry on their lives without the boy. How should they be compensated? A wrongful death claim might be possible, which could cover the victim's healthcare costs associated with the cycling accident injuries in addition to pain and suffering, loss, and other damages. These claims are highly complicated. North Carolina's contributory negligence laws make handling wrongful death claims a delicate process. Learn more about the wrongful death claim process.