Paulding County pastor Andrew Pray died Wednesday after he was hit by a bus while cycling on U.S. 41, The Atlanta Journal-Constitution reports.
The bus driver, George Carroll, has been charged with second degree vehicular homicide and following too closely. Carroll and his employer could be civilly liable for the accident as well, if Pray's wife Courtney decides to file a wrongful death suit against them.
Pray, a dedicated cyclist, was riding on his usual route in the northbound lane of U.S. 41 when he was struck by a charter bus. He was transported to WellStar Kennestone Hospital in Marietta, but died from his injuries.
Carroll told authorities that he didn't see Pray at the time of the collision. Carroll is facing a serious criminal charge, and may be hit with a civil suit as well.
A driver who kills someone while driving recklessly, driving under the influence, or fleeing from police is guilty of vehicular homicide. If Carroll is convicted of the charge, Pray's family will have a good claim of negligence per se. Under that legal doctrine, an act is considered negligent because it violates a safety law.
Carroll's employer could be on the hook as well. Under the doctrine of respondeat superior, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment.
At the time of the accident, Carroll and a mechanic were doing a final check on the bus before putting into service. The test drive was arguably within the scope of Carroll's employment with the bus service.
If Pray's family can show negligence on Carroll's part, they could potentially receive damages for medical expenses, funeral costs, lost wages, and the loss of consortium. In addition to his wife, Pray is survived by his three children.
- Call an Atlanta Personal Injury Lawyer (FindLaw)
- Paulding pastor struck, killed by charter bus while biking (Channel 2 Action News)
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