Plainfield, NJ – Driver Fleeing Police Hits, Kills Cyclist on W. Front StNY/NJ Legal News
Plainfield, NJ (July 08, 2022) – A well-liked odd-job-man from Union County was killed on Friday, July 8th as he was riding his bike around town as he did every day, according to neighbors.
Unconfirmed reports indicate that, prior to the fatal incident, police attempted to pull the striking vehicle over. A male suspect, believed to be the driver or a passenger of the vehicle, has been taken into custody.
Two incidents involved the suspect: an officer-involved shooting that took place on the same street, and the hit-and-run death.
Surveillance video shows that, at about 8:40 a.m., the victim was riding his bicycle along West Front Street when he was struck from behind by a minivan. The cyclist, whose name has not been released, was sent flying past several storefronts.
Bystanders rushed to the victim’s aid, including his brother who held him as he took his final breath.
The homicide task force is investigating. The male suspect in custody is facing numerous charges.
We would like to offer our deepest condolences to the family of the deceased victim at this time.
Proving Negligence in a New Jersey Wrongful Death
In a personal injury claim, proving wrongful death is not the same as the burden of proof demanded in a criminal case. As far as criminal cases go, it is a prosecuting attorney’s duty to prove the defendant’s guilt beyond a reasonable doubt. A claim of wrongful death, however, is a civil matter that has to be demonstrated through a legal theory known as negligence.
To establish liability in a wrongful death case, the claimant will be expected to prove that the following three factors existed:
- Duty of Care: In legal jargon, when someone has a duty of care, it means they owed the victim a basic level of care to ensure their safety and protect them from harm. For example, property owners, managers, and landlords have a duty to upkeep their premises in a manner that is reasonably safe by making sure it is hazard-free, void of dangers like wet floors with no warning signs, unserviced or malfunctioning escalators or elevators, and poorly installed or loose handrails in stairwells.
- Violation of Duty: Proving a duty was violated means you need to show that the at-fault party violated the duty they owed to the deceased. Taking into account the sequence of events and the knowledge they had at the time of the accident, you will need to show that the respondent should have been aware that a person could be injured or killed as a result of their action or inaction.
- Causation: Proving the third element, causation, means showing how the at-fault party’s violation was the immediate cause of your family member’s death.
The wrongful death lawyers at Metro Law can be reached at any time to help bereft family members by making sure they are updated on the progress of their claim, and answering any questions they have about the legal procedures that follow the untimely loss of a loved one.
If your family member lost their life in an accident caused by negligence, contact our personal injury attorneys in New Jersey at (800) 469-6476 to find out what legal action is right for you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.