While on the phone with the 911 operator, the witness heard tires screeching as the delivery truck left the scene of the accident. While giving a description of the hit and run truck, a second vehicle struck the body in the road. That driver remained at the scene and was cooperative with police.
The question is – which driver caused the death of the bicyclist? The defense attorneys representing the owner of the delivery truck are arguing that it was the second vehicle. Testimony on the first day has established fresh damage to the truck, including a broken fog light that matched evidence collected at the scene. The truck had made a recent delivery in the immediate vicinity of the accident.
This will be a complex legal case, and ultimately the family of the 19 year old victim will bring a wrongful death lawsuit. The trial may determine which of the two drivers is ultimately responsible for the wrongful death of the bicyclist. Based upon my own experience of more than 40 years I can tell you that the family of the bicyclist has an obvious case for wrongful death, but the liability and associated financial damages will require extensive legal skill, experience and expertise in order to prove culpability and liability.
