he sustained in the accident. The lawsuit alleges, the Defendant’s “failure to observe the roadway ahead and failure to yield the right of way was the proximate cause of [Plaintiff]’s injuries and subsequent death.” The lawsuit also alleges that the motorist failed to stop or keep the van from striking the bicycle. The lawsuit contends that the Plaintiff was in the process of mounting his bicycle when hit. However, the County Sheriff’s Office accident report states that the Plaintiff “was operating” his bicycle in his driveway, “failed to yield the right of way” and “pulled into (the van’s) path”. The report also states that the Defendant’s van “could not avoid the collision and struck the bicycle with its passenger front bumper.” The Plaintiff was thrown onto the van and then fell off on the ground, the report stated.
Photos taken by law enforcement within minutes of the crash, the report stated, indicate the rising sun had a “severe effect on vision for eastbound traffic.” The report further stated that the Defendant was traveling East. Part of the controversy is whether the driver ever saw the biker. In the Defendant motorist’s video deposition, she agreed that she never saw the cyclist, thought she’d hit a mailbox upon feeling the impact and did not realize her neighbor had been hit until she got out of the van. Also, the Defendant driver stated the sun was “not blinding to the point you can’t see.” The federal lawsuit seeks a jury trial, reimbursement of $70,254.92 in medical expenses and $5,976.05 in funeral expenses. The lawsuits also asks for damages representing the full value of the Plaintiff’s life to be determined by jurors. For more information, click the Macon news link.