According to the Montana Highway Patrol, a 29-year-old bicyclist died of traumatic brain injury after being hit by a suspected drunk driver. The accident occurred shortly after 10:30 p.m. when the 29-year-old musician who was riding back to his house from practice was struck by a 49-year-old man driving a sedan.

The investigation is still ongoing, but preliminary reports indicate that the accident happened during wet and rainy conditions. Both the bicyclist and motorist were headed in the same direction on the roadway when the motorist struck the bicyclist. The 49-year-old motorist initially fled the scene of the accident. However, according to the authorities the driver returned to the scene of the tragic accident on foot. The driver’s blood alcohol content was above the legal limit of 0.08 percent. The 49-year-old was charged with felonies including aggravated DUI, failure to remain at the scene of an accident with serious injury and vehicular homicide while under the influence of alcohol.

The untimely death of loved one is never easy for family and friends to cope with. During such trying times, filing a wrongful death lawsuit is likely the last thing on a family’s mind. But, even though legal action will not bring back a loved one, by holding a negligent driver responsible the family may get some measure of justice.

For any family that has lost a loved one in a car accident, it may help to consider the legal options. A family may be entitled to funeral and burial costs, medical expenses stemming from the accident, loss of earning capacity, loss of consortium, pain and suffering and more.

Source: Independent Record, “Local musician on bicycle hit, killed by suspected drunken driver,” Sanjay Talwani, Sept. 26, 2013