A 29-year-old motorcyclist was killed on Friday night when he was struck by a sedan driven by a 33-year-old Bellevue man.
The motorcycle accident just one block north of Bellevue Square at the intersection of Northeast 10th Street and 102nd Avenue as the driver of the sedan attempted to make a left hand turn.
The Bellevue Police and firefighter-paramedics were in the motorcycle accident scene within four minutes but the motorcyclist was pronounced dead at Overlake Medical Center.
I was out for a walk on Friday night when I came across a motorcycle accident. Police had cordoned off several blocks to conduct their investigation. It is always a somber scene to see a motorcycle lying in an intersection with bystanders looking on. I was saddened to hear that the motorcyclist had not survived the accident.
The driver of the sedan was arrested for investigation of vehicular homicide according to a City of Bellevue press release. http://www.bellevuewa.gov/10876.htm Vehicular homicide is a very serious criminal offense and it can be charged if a person is killed due to the negligent operation of a motor vehicle accident and the driver was driving under the influence of alcohol and/or drugs.
The Bellevue Police will attempt to determine where the driver had been drinking prior to the accident and if the drinking occurred at one of the local watering holes. With many restaurants and bars serving happy hour in the downtown Bellevue core, driving under the influence has increasingly become a problem for the Bellevue Police Department.
The family of the deceased are advised to retain the services of a personal injury to determine whether they have a “dram shop” case. Dram shop cases allow injured parties or their surviving family members to file a claim against a bar or restaurant that over served the drunk driver that caused a motor vehicle accident.
Washington dram shop cases are difficult to win but a skilled personal injury attorney that specializes in drunk driving injury cases can help. A claim against a restaurant or bar must contain the following causes of action:
- The claim must be brought on behalf or by a person who was seriously injured or killed.
- The claim must be against a person licensed to sell alcohol for drink on the premises.
- The claim must provide convincing evidence that the server knowingly served alcohol to an obviously intoxicated person.
In a dram shop case, the most difficult part of the claim is proving that the driver was “visibly intoxicated.” Usually this entails finding witnesses that witnessed and were able to testify to the behavior of the person prior to the car accident.
This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.