A wrongful-death lawsuit has been filed by the parents of the couple that were fatally injured while cycling on October 1, 2009 north of San Antonio. The couple was riding a tandem bicycle when they were struck by a Ford F-150 truck. The driver of the truck briefly left the roadway and then overcorrected causing him to lose control.
In a wrongful death lawsuit the injury lawyer will likely try to recover: medical and funeral expenses; compensation for loss of companionship, mental anguish, and the decedent’s pre-death pain, suffering and mental anguish. The couple left a young child and any recovery would likely be held in trust for the benefit of the child.
The Sheriff’s Department and the District Attorney’s office are investigating this vehicle accident to determine whether charges for manslaughter or criminally negligent homicide should be brought against the truck driver. The investigating authorities are probably subpoenaing the phone records of the driver to determine whether he was on the phone or texting while driving.
The success of the personal injury claim is not dependant upon a criminal case being filed. Each court system, criminal and civil, has independent burdens of proof and different methods of determining justice – one to determine whether the driver will lose his freedom, and the civil court system will determine whether the driver or his employer should compensate the young child for the loss of both parents.