A tractor-trailer driver who ran over and killed an injured motorcycle rider lying in the road on Route 220 in Franklin County, Virginia (VA), now faces felony hit-and-run charges. The truck driver did not cause the initial injuries to motorcyclist, who was ejected from his bike when he struck a deer. Witnesses, however, saw the semi strike the injured man and continue going. Police caught up with the tractor-trailer operator in the town of Boones Mill and took him into custody.
The criminal offense of hit and run punishes someone who leaves the scene of an accident. A hit-and-run charge is separate from a civil claim, and requires proof of different–but related–facts. Simply leaving an accident with injuries, regardless of fault, may violate the criminal law.
A wrongful death insurance claim or civil lawsuit is based on evidence that the semi operator acted negligently by failing to pay proper attention to the road ahead of him. Such negligence could result from speeding, falling asleep after exceeding allowable hours of operation, becoming distracted behind the wheel or other factors
The family members of the deceased victim may wish to contact a Virginia wrongful death attorney.