Three Month Investigation Returns Charges Against Operator Involved in a Fatal Motorcycle Accident
Back in May your Charleston spinal cord injury lawyers made mention of a fatal accident in which a young woman fell off the back of 2008 Honda motorcycle. When commenting on the accident it was noted that the attorneys at Howell and Christmas, LLC presumed the wrongful death was ruled an accident because State Troopers did not file any charges against the 34-year-old man operating the motorcycle. However, it was reported yesterday that after a three month investigation into the fatal motorcycle accident by the South Carolina Highway Patrol has charged the 34-year-old man from Hollywood, South Carolina who was driving the motorcycle at the time of the accident with reckless homicide and operating an uninsured vehicle.
As a refresher, the accident occurred on the evening of Sunday, May 15, 2011 in the westbound lanes of Interstate-26, about a mile before the Jedburg Exit. After falling off the back of the bike the 33-year-old female rider was airlifted by helicopter to Medical University Hospital. She died the next day. Initial reports noted that the woman was not wearing a helmet at the time of the fatal fall. The initial, as well as yesterday's, report fails to mention the specific injury that killed the young woman, and it is impossible to say for certain whether or not a helmet would have saved her life. But, it can always be said that wearing a helmet while riding, or operating, a motorcycle is a good idea and a means to prevent serious head injuries in the event of a fall or accident.
According to the Post and Courier, the three month investigation conducted by the South Carolina Highway Patrol revealed that the motorcycle's operator was handling the bike in a reckless manner right before the woman fell off the back and onto the interstate. However, both the Post and Courier's initial and most recent report does not mention the specifics concerning the motorcyclist's reckless behavior. It could have been excessive speed and/or unlawful and unsafe lane changes. But considering the woman fell off the back of the motorcycle it is not too unreasonable to think the bike's operator was attempting to perform some sort of stunt. An unannounced wheelie would certainly make it difficult for a passenger to stay aboard, but that is just a theory.
Upon review of the South Carolina Code of Laws, reckless homicide is very serious offense. According to the statute, the charge of reckless homicide is warranted "when the death of a person ensues within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others." In the event the 34-year-old Hollywood man is found or pleads guilty, or pleads nolo contendere to reckless homicide he is considered guilty of a felony and must be fined no less than one thousand dollars nor more than five thousand dollars, or imprisoned not more than ten years, or both, and have his driver's license revoked for five years. For those that are neither Latin or legal scholars, the phrase nolo contendere, which literally translates as "I do not wish to contend," is a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered, but does not admit guilt.
In the event that the 33-year-old woman's family wanted to pursue a civil, wrongful death lawsuit against the Hollywood man who was operating the motorcycle, there are some conditions to consider regarding the outcome of the criminal charges against him. Let's say the family did decide to pursue a civil suit against the motorcycle operator, the only evidence the plaintiff (deceased woman) could bring into their civil claim would be a guilty plea made by the defendant (motorcycle operator) to the offense that resulted in the wrongful death. If the defendant decides to have his case heard in front of a jury and the verdict is returned guilty, or if he pleas nolo contendere, then the plaintiff in the subsequent civil suit cannot admit that as evidence in their claim.
More Blog Posts: Two Single-Vehicle Wrecks Claim Two Lives on Interstate 26, Traffic Accidents Involving Two-Wheeled Vehicles Leave Four Dead in Charleston Area, Laundry List of Summertime Accidents Catch the Eyes of Charleston Lawyers
