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Colorado State Patrol technician testifies in bike accident trial

On Sept. 25, 2012, a bicycle and a pickup truck were traveling in the same direction. The pickup truck ended up making a right hand turn into the path of the bicycle causing an accident. The bicycle rider died and the pickup truck driver was charged with vehicular homicide, criminally negligent homicide and fleeing the scene of the accident as a result of this tragic bike accident.

The Colorado State Patrol technician that performed the accident reconstruction testified for the prosecution at the woman's trial recently. According to him, a "glancing blow" was enough to topple the bicycle rider off of his bike. When he hit the ground, he suffered had head injuries that were said to have been massive.

Medical personnel at an area hospital were unable to save the man's life. He died the day after the accident. The technician was the last witness called by the prosecution in the pickup truck driver's trial. However, the trial is not yet over. Therefore, it is not yet known whether the woman will be convicted in connection with the bicycle rider's death.

Even if the woman is not convicted of a crime in connection with this bike accident, the victim's family is still entitled to file a wrongful death claim against the driver under Colorado law. The burden of proof in a civil action is not as stringent as it is in criminal court. Therefore, a civil action may be successful if the family can establish that the woman negligently caused or contributed to the fatal accident. If the family members are able to meet that burden of proof, they may achieve some sense of peace and justice in holding a responsible party fully accountable for their actions.

Source: chieftain.com, Expert talks about fatal accident, Tracy Harmon, Oct. 19, 2013

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