Motorcycle Accident Victim Dies in Care of "Good Samaritans"
A recent motorcycle accident resulting in serious injuries in Georgia has led investigators to meet with prosecutors in determining the fate of a couple who picked up the injured motorcyclist. This motorcycle accident was allegedly the result of foul play, leading authorities to question several aspects of the case. First, that the motorcycle being driven was stolen; second, that the motorcyclist was allegedly racing the bike when he lost control of the vehicle; and third, that the couple who picked up the injured driver didn’t call authorities and drove the man to a hospital out-of-town where he was pronounced dead upon arrival.
The charges to be decided thus far primarily deal with the couple that drove the man to the hospital instead of reporting to authorities first. The charges they may face deal with failure to report an injury accident, failure to render aid and possible negligence/ wrongful death charges. The couple, who knew- or allegedly should have reasonably known- that the decedent’s life was in serious danger after being thrown from the motorcycle failed to call the police or paramedics. They instead, chose to drive the decedent to a hospital out-of-town, allegedly wasting extra time at a critical point in the decedent’s life.
Although no charges have yet been determined, the “Good Samaritan” doctrine has been called into question, pending the determination of the couples’ relation to the decedent.
The immediate care of an ill, injured or helpless person by a bystander often calls into question what is called the "Good Samaritan" doctrine, which provides that “one who voluntarily undertakes an affirmative course of action for the benefit of another has a duty to exercise reasonable care that the other's person or property will not be injured.”
The purpose of this doctrine is to encourage prompt emergency care for those in desperate need by granting immunity from civil damages and liability for those who take on the, often burdensome, task of caring for another without a specific duty of care. However, such immunity is not whole in that liability can be placed on the “care-giver” if he/she is negligent in performing the undertaking of the injured party and further injures him/her. Liability is not called into question in finding whether or not the “care-giver” actually benefits the injured party; rather, liability questions arise when the injured party’s conditions are worsened through care giver negligence.
In this case, the most pertinent information in determining possible liability of the couple would likely be the answers to these questions:
- Why the authorities were not immediately called
- Why the couple decided to drive the decedent to an out-of-town hospital instead of one nearby
- If the decedent’s condition was worsened through the answers to 1 and 2
- If the couple was negligent through the actions described in questions 1 and 2
I offer free consultations to anyone involved in a motorcycle crash to assess your situation and determine your legal options. You can reach me at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.MotorcycleInjuryLawGroup.com for more information.
