Tuesday, October 21, 2014

Motorcyclists in Middletown and Cincinnati Getting Killed Off by Careless Drivers

Yet another biker was killed in the greater Cincinnati Middletown Ohio area as motorcycle  season winds down. This tragic loss of life was caused by carelessness of an auto driver . You can almost bet that they had some distraction or were in a hurry. ( In this case it appears even more grievous.)

You can almost bet that some excuse other than their failure to watch the road carefully will crop up . I've heard too many excuses from negligent drivers, from suggestion of excessive speed to failure to not wearing a helmet by the downed motorcyclist who did nothing wrong..

Gregort Philpot Motorcyclist Killed in Car Motorcycle Crash

Gregory Philpot, age 58 was riding his Harley motorcycle eastbound on Tytus avenue. George Pickett age 38 was driving his Ford Explorer West bound. Philpot drove left of center into the head on path of Mr Philpot. Mr Philpot was thrown from his motorcycle and died at the scene.

                Pickett was charged with aggravated vehicular homicide. Mention was made that he had 19 priors although news reports did not say what for. Source Fox news. For some reason Fox news deemed it important to say Philpot was not wearing a helmet. The helmet did not cause the crash and it is highly unlikely that a helmet would have saved Mr Philpot's life.

Aggravated vehicular homicide usually involves driving while impaired from alcohol or drugs or driving recklessly.there could be a mandatory prison term of at least 2 years.  http://codes.ohio.gov/orc/2929.14

Civil Action For Wrongful Death

A civil action is separate from a criminal action. The State brings the charges in a criminal case.  In a civil action the administrator of the estate brings an action for money damages against the defendant. If he had little or no insurance then there is likely to be no money damages to compensate the family for loss of what a father, son, husband provided to his family both financially and emotionally.

Motorcycle riders need to protect themselves with adequate insurance coverage in case of injury or death.I would imagine Mr Philpot left behind a family. Justice comes in the form of criminal and civil remedies. But more importantly there is a family that will never ever be the same again.

Further Reading For Motorcycle injury Rights and Remedies 


By Anthony Castelli Attorney