Every bicycle accident is unique but there are things that can be learned from any accident. One such case in San Francisco resulted in a $4 verdict when a bike rider was killed when struck by a commercial truck. The woman killed was 24 years old and was commuting to work when she was struck by the truck. If you’re a bike rider, then there are a few things you can learn from this tragic case. Read on to get more information and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
- An intersection is the most likely place to be involved in a bike accident
- The criminal justice system is often unwilling or unable to deal with bike accidents
- The civil justice system may be all you have to hold the guilty responsible
First and foremost, you should know that intersection collisions are the most common types of collisions between bikes and cars. As a result, you must be extra careful and ride defensively when approaching an intersection. Even when you have the right of way, you can’t always assume that the drivers know that.
The example in the case we’re discussing is a perfect one. The cyclist was riding straight on the right hand edge of the road, as is allowed by vehicle codes. A larger vehicle didn’t see the cyclist and turned right abruptly, hitting the woman on the bike and dragging her underneath their car. California vehicle codes consider bikes vehicles, which means that they have the same rights as cars do, yet not everyone is looking out for them.
The truth is that the District Attorney and police often don’t want to or can’t charge drivers with hitting bicyclists. In this case, the D.A. initially said that there wasn’t enough evidence to charge the driver with reckless driving or vehicular manslaughter. However, the personal injury attorney for the victim obtained footage of the crash and showed that the drive didn’t slow down and never looked in his side view mirror. This was used in the civil case and could certainly have made a difference in a criminal case.
The bottom line is that at the end of the day, a civil court may be the only option to truly hold a person responsible for what they did. If it weren’t for the hard work of the personal injury attorney in this case, who found the surveillance footage that made it clear the driver hadn’t seen or even checked the lane, what really happened may never have come to light.
If you have lost a loved one in a bike accident, or you yourself have been injured, then you know how frustrating it can be to see nothing done about the issue. It may be that holding those responsible via civil court is the only way to get drivers to pay more attention on the road. Call us today at 909-982-0707 if you need a free legal consultation regarding a bicycle accident in California.
