Cyclists often face some of the most severe accidents, even when they follow all traffic laws and take precautions to stay safe. Despite their efforts, they risk their lives doing what they love most.
In this case study, we honor the memory of the late Kris Cotton, by sharing his story. We hope it serves as a reminder for drivers to be vigilant and help protect cyclists on the road.
During his short, but impactful life, Kris inspired countless others with his adventurous spirit. Whether he was jumping out of airplanes or taking long-haul journeys on his motorcycle or bike, Kris lived life to its fullest. Just days before his death, the 36-year-old snowboarding instructor was featured in a local news story about the long journey he was making alongside his co-pilot, his beloved pit bull/labrador mix named Ava.
While their journey would end in tragedy, their story continues to serve as inspiration to all those that Kris left behind.
An Epic Adventure Cut Short
Kris had a passion for life and a love for adventure. In May 2020, he embarked on an epic bicycling journey from his home in upstate New York with Ava, who rode in a special trailer attached to his bicycle. Kris and Ava’s story started 7 years prior. While riding his motorcycle in Arizona, Kris found a puppy in a box on the side of the road and immediately scooped her up. Since that fateful day, Ava had traveled the country alongside Kris. Now, the inseparable pair planned to ride down the East Coast length with a plan of making it to the Florida Keys by October.
A week before this collision, Kristopher and Ava stopped in North Carolina at the Outer Banks. He was interviewed by the Coastland Times about his months-long journey with Ava. “I’m just doing it because I love it,” he told the reporter writing the article. “I love biking, and I wanted to do something again before Ava got too old.”
Sadly, the pair would never make it to their destination.
Collision on Highway 17 Claims a Vibrant Life
Kris and Ava had been cycling for weeks, crossing states, and meeting countless people, fascinated by their journey. On a sunny August afternoon, Kris pedaled south along a stretch of Highway 17 (Savannah Highway) in Adams Run, South Carolina just outside of Charleston. This section of the road had no bike lane, but Kris, an experienced cyclist, made himself as visible as possible and was safely passed by several cars without incident.
Kris and Ava were enjoying a peaceful ride through scenic country roads dotted with moss-draped oaks and coastal marshes when the tragedy occurred. As they cruised along, a white Chevy Suburban approached from behind. Without braking or attempting to shift lanes, the SUV struck Kris with devastating force. The impact hurled Kris toward the trees lining the highway, 60 feet from the location of impact. He died at the scene from blunt force trauma.
Ava, though severely injured, survived the crash. She faced life-threatening injuries including deep lacerations, internal organ damage, and a broken jaw. Her miraculous survival and recovery were all thanks to the care she received at the Charleston Animal Society. Ava’s survival became a source of comfort to Kris’ grieving family as well as those who had followed the journey of this adventurous pair.
Legal Battle Fights a Questionable Defense
Through her devastating grief, Kris’ mother, Jenda, set her sights on justice for her son. Frustrated by the fact that the at-fault driver who had killed her son and maimed Ava would only face a $232 traffic fine, she contacted Joye Law Firm to represent her in a wrongful death case. Attorney Jeff Gerardi, of our Summerville office, took on the case and immediately began to investigate how this tragic accident occurred.
The driver of the SUV, a prominent attorney from a well-connected local law firm, claimed that Kris veered into his lane, and he could not avoid hitting the bicycle due to other cars occupying the left lane. However, attorney Jeff Gerardi was not convinced. He was determined to uncover the truth and would leave no stone unturned.
Finally, Gerardi discovered a key piece of evidence captured by a security camera from a nearby restaurant, Station 17 Local Grill. The footage contradicted the driver’s claim. It showed no cars beside or behind the defendant’s vehicle when the crash occurred, nor did it reveal any indication that Kris swerved into the driver’s lane. This critical video footage was a turning point in the case, proving that the driver’s story did not align with the facts.
“His statement is completely false,” explained Gerardi.
Joye Law Firm filed a lawsuit against the driver and the law firm that owned the SUV involved in the accident. After two years of litigation, Attorney Gerardi’s thorough investigation and the compelling security footage ultimately led to a settlement of $1.25 million for Kris’ family. $1,000,000 came from the insurance policy the defendant’s law firm had on his vehicle. The additional $250,000 was paid out directly out of his own pocket. While nothing can heal the pain of losing Kris, the settlement provided a sense of justice for his tragic death and covered the immense financial losses his family suffered.
While the case was underway, Jenda took the long trip from New York to Charleston to gather her son’s belongings, collect his ashes, and, most importantly, bring home his faithful companion, Ava.
Justice for Cyclist Kris Cotton
Kris Cotton’s tragic death on Highway 17 highlighted the dangers cyclists face on rural roads without proper safety measures. Through the dedicated efforts of Joye Law Firm and attorney Jeff Gerardi, Kris’ family received justice and financial compensation for their devastating loss. The $1.25 million settlement is a reminder of the importance of holding negligent drivers accountable, especially when their actions result in tragic outcomes like this one.
If you or someone dear to you has been injured in a bicycle accident, it’s crucial to see the guidance of an experienced attorney. Our legal team will diligently investigate the incident and advocate for the full insurance compensation you rightfully deserve. Since 1968, we have helped injured South Carolinians regain control of their lives after serious injuries, and we are ready to help you too. Joye Law Firm takes cases across the state of South Carolina, with offices conveniently located in Columbia, Charleston, Myrtle Beach, Summerville, and Clinton. Let us stand by your side during this difficult time.
Disclaimer: past results do not guarantee future outcomes.
