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Wrongful death suit possible in bicyclist death

Patricia M. Jarzobski

Police in Colorado Springs have confirmed the death of a 62-year-old man after he was hit while riding his bicycle. The Colorado Springs resident was badly injured in a collision with a car and later died of his injuries. His family appears to have grounds to file a wrongful death suit against the motorist involved in the crash, separately from any criminal charges that are filed. 

Information about the accident was limited as of this report, but police say it took place around 1:20 p.m. the afternoon of Oct. 17. Apparently the bicyclist was headed southbound on Chelton Road when a vehicle turned in front of him. His bicycle hit the front fender of the car and he was ejected. Unfortunately, the man was not wearing a helmet and suffered severe injuries. Two days later he was pronounced dead at a local hospital. 

The driver was charged with careless driving causing death. Police say the driver did not appear to be under the influence of alcohol or drugs at the time of the crash. It is unclear whether the driver is in police custody in advance of a trial date. No such date has been announced at this time. 

Depending on the outcome of the Colorado police investigation, further charges may arise against the driver, who may be subject to fines and/or loss of licence if a conviction is made. Separately, the family of the deceased bicyclist can choose to sue for wrongful death in civil court. Evidence of the driver's negligent contribution to the accident can be used to support such a claim. 

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