A sixty-three- year-old Connecticut man was killed last week in another local motorcycle crash. This latest incident occurred in Litchfield on Route 202. The victim, a resident of Harwinton, was driving a classic 1968 BMW motorcycle when he was struck by an SUV. According to reports, the motorcyclist was wearing a helmet but was unconscious from a head injury when first responders arrived. He was airlifted to Hartford Hospital but later died from his injuries.
Police were not initially commenting on the cause of the motorcycle accident. The 61 year-old driver of the SUV stayed on the scene and was cooperating with police. No infractions or citations had been issued.
The lack of a traffic citation can often lead people to assume the cause of the accident was not negligence. Many believe that a police officer's decision to issue a ticket or not is determinative of whether a driver did something wrong. This logic is understandable but faulty when it comes to motorcycle accidents.
A motorcycle accident victim may have recourse against a negligent party whether or not a citation was issued. At the end of the day, if the driver was negligent then he or she is liable to the victim. Negligence, though, is not something a police report can readily conclude. Rather, official reports attempt to be objective and determine whether a traffic law was violated.
Local Hartford attorneys know, though, that negligence can sometimes be a subjective determination. Even if a driver successfully yielded at an intersection, for example, they still owe a duty to the motorcyclists sharing the road. Therefore, victims of motorcycle accidents should explore their legal options no matter what the police record says. Victims of these traumatic incidents need strong advocates that will fight for their rights.
Source: Litchfield County Times, "Harwinton Man Dies of Injuries From Litchfield Motorcycle Crash," August 12, 2013