Family Files Suit After Motorcyclist Is Killed by Illegally Parked Tractor

The grieving family of a South Carolina motorcyclist has filed a lawsuit against multiple parties after the decedent struck a tractor that was illegally parked. According to the lawsuit, on February 19, the 52-year-old decedent was traveling eastbound on Old Sanders Drive in Horry County when he struck the front of the tractor, police reports indicate. Investigators said that the tractor was unoccupied at the time of the collision.

The estate of the decedent is suing several individuals and companies. Companies include RCB Contractors, JJ Spray & Fertilizing, LLC, A.O. Hardee & Son Inc., and three other individuals identified as John Does 1 through 3. The lawsuit names the operator of the tractor, the owner of the tractor, and three companies that are employers of the individuals named in the lawsuit. According to the lawsuit, John Does 1 through 3 are individuals and/or companies who are presently unknown to the plaintiff, but who will likely become known through discovery and who served as employers, employees, agents, contractors and/or subcontractors of the defendants as it relates to the lawsuit.

According to the legal filing, A.O. Hardee was involved in a large-scale construction project where the collision occurred. At the time of the incident, the lawsuit indicates that the road was a long rural stretch of roadway with no ambient lighting.

The decedent and a group of fellow motorcyclists entered the road after the sun had set around 7:10 p.m. The lawsuit claimed that the defendants failed to place, “flagmen or any other similar warning systems to alert motorists to the illegally parked loader. Furthermore, no visible lights had been activated on the loader, making it virtually impossible to see by approaching traffic.”

The lawsuit also indicated that one of the named defendants moved the parked loader after the crash, but before law enforcement had arrived, “in an effort to try and blame [the decedent] for causing the collision. The employee allegedly made a statement to law enforcement that he moved the loader because a supervisor instructed him to.

The decedent’s estate is seeking an award for “actual damages, punitive damages, prejudgment and post-judgment interest, for the costs of bringing this action, for the separate verdict amounts for each cause of action (including Survival and Wrongful Death), and for such further relief that the Court deems just, equitable, and proper.”

Elements of negligence 

The defendant is being blamed for creating a road obstruction that was dangerous to motor vehicles traversing the roadway. In this case, a motorcyclist slammed into the tractor which ultimately caused his death. His family has filed a wrongful death lawsuit against several defendants each of whom (they claim) contributed liability to the accident.

Talk to a Tulsa, Oklahoma Motorcycle Accident Lawyer Today 

The Tulsa motorcycle accident attorneys at Levinson Law, P.C. represent the interests of motorcyclists and their grieving families in personal injury lawsuits filed against negligent defendants. Call our office today to schedule an appointment, and we can begin investigating your case right away.

Source:

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