For a bicyclist, sharing the road with motor vehicles can be a dangerous experience. The risks can be multiplied when bicyclists encounter the high speeds of highways where, even under the best of circumstances, a bicycle is no match for a moving car or truck.
Recently, a 55-year-old man riding a bicycle became the victim of a San Jose car accident. The accident occurred at about 3:25 in the afternoon when the bicyclist was riding on an overpass above Highway 87. He was hit from behind by an SUV and pronounced dead at the scene of the accident.
When a person is injured or killed in a car accident, they may be able to hold the responsible driver liable and recover damages for their injuries. Liability is determined by the legal theory of negligence which requires drivers to exercise reasonable care under the circumstances. Courts will take many factors into account when determining liability, including if speeding was involved and if the driver was operating the vehicle while under the influence of drugs or alcohol.
It is important to note, however, bicyclists and pedestrians must also exercise reasonable care when on the road. Pedestrians and bicyclists must follow the rules of the road, including crossing the street at marked crosswalks and refraining from darting or weaving through traffic.
The driver fled the scene of the accident and the police are seeking information from the public about the identity of the driver and the vehicle. According to authorities, the rate of pedestrian and bicycle accidents is higher than in recent years. This tragic accident is the 13th accident involving a bicycle or pedestrian this year.
Source: mercurynews.com, "San Jose: Bicyclist killed by hit-and-run driver at busy Hwy. 87 overcrossing" Eric Kurhi, June 18, 2013
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.