Bicycle Fatalities Resulting In Wrongful Death Lawsuits
In one recent incident a driver was arrested and prosecuted for a hit and run accident that killed a bicyclist. Police continue to seek witnesses and the automobile driver testified Thursday that he didn’t see the cyclist and thought he had struck a deer. He said he pulled over to view any damage to his car. He walked back to the scene to see if he could find the “deer,” and found nothing. He then entered his automobile and began driving.
An eyewitness said that he saw the automobile driver in the ditch next to the cyclist and the bike. In checking cell phone records it was found that no calls were made by the driver to report the emergency.
A physician testified at the trial that the driver of the automobile had several eye surgeries and severe retinal damage that may have contributed to the incident.
The prosecution questioned the driver during the trial asking the driver if he had seen the bicyclist and his response was that he had not.
He was arrested that evening at his home and charged with vehicular homicide and leaving a scene that resulted in injury or death. The sentencing of the driver of the automobile is scheduled in October.
Further Bicyclist Fatality Wrongful Death Case Study
In a different case a police emergency vehicle struck and killed a cyclist who was traveling in the designated bike lane. The Prosecution has declined to seek charges against the officer driving the vehicle responsible for the death of the cyclist. The officer is said to have been responding to a message on official duty at the time of the accident, typing into his computer.
Initial reports indicated that the cyclist swerved from the bike lane into the automobile lane where the police vehicle was traveling. It was later determined that the officer swerved into the bike lane while making a turn. Eyewitness accounts saw no brake lights as the patrol car struck the cyclist.
The officer reported that he didn’t see the cyclist until the cyclist hit his windshield.
California Law and Emergency Vehicle Accidents
California law does exempt emergency personnel from regulations prohibiting drivers from using electronic devices while driving. Subpoenaed records indicated that the officer had sent six text messages to his wife’s number including one at the approximate time of the accident.
The family of the cyclist has filed a Wrongful Death Lawsuit accusing the Sheriff’s Department Deputy of negligence.
Successful Car Accident and Wrongful Death Attorney
The Kenneth G. Marks Professional Law Firm handles all types of Personal Injury Cases. There are some cases that are not always prosecuted by the State for various reasons as shown below. Injuries or fatalities are still sustained and someone must be held accountable. If you have been involved in an accident and need professional assistance contact the Kenneth G. Marks Law Firm for assistance.
|Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com|