Fatality Reported in Lodi Bicycle Accident
I’m Ed Smith, a Lodi wrongful death lawyer. A cyclist passed away in an area hospital after being hit by a school bus in Lodi on August 17, 2018. The bicycle accident occurred shortly before 2:00 in the afternoon between School Street and Kettleman Lane. A preliminary report by the California Highway Patrol (CHP) suggested that a man on a bicycle had reportedly traveled through stopped traffic and was struck in the left turning lane by a school bus. Emergency crews responding to the scene transported the bicyclist to a local hospital where he later succumbed to his injuries. Authorities have not yet identified the victim due to pending notification of family members.
We extend our healing thoughts and prayers to the friends and family of the victim during their time of tragic loss.
Determining Liability in a Bicycle Accident
Drivers and bicyclists alike are expected to follow the rules of the road and exercise due care to avoid a collision. When a driver fails to do so, that motorist can be held liable for damages incurred. Moreover, an injured bicyclist must prove negligence by the motorist in order to recover compensation for medical expenses, lost wages, and other associated expenses. Following are some examples of driver error:
- Driving under the influence
- Failing to yield the right of way to a cyclist that is turning
- Running a stop sign or red light
- Talking or texting on a cell phone before the accident happened
- The motorist failed to obey the Three Feet for Safety Act
Cyclists can also be proven negligent in a bicycle accident. When this happens, a bicyclist may only be able to recover a portion of the compensation awarded based upon the percentage of fault assigned to them. This is known as comparative fault in California. Some examples of cyclist negligence include:
- Cycling through a stop sign or red light
- Failing to signal before turning
- Lack of reflector use on a bike
- Making phone calls or sending text messages on a cell phone while riding
- Riding the wrong way along a one-way street
- Under the influence of alcohol or drugs while riding a bicycle
Watch YouTube Video – How to Prove Fault in a Wrongful Death Claim
What Can Be Recovered in a Wrongful Death Claim?
Since bicycle riders have little protection in a collision with a motor vehicle, they are likely to suffer debilitating injuries or even death. Families who have lost a loved one in these types of accidents may have the grounds to file a wrongful death claim to recover the following damages:
- Costs of funeral and burial services
- Medical expenses incurred before a victim’s passing
- Household services provided by the decedent
- Lost inheritance and future financial support
- Wages the deceased would have earned had he or she lived
- Loss of consortium in the case of a partner or spouse
- Loss of guidance and emotional support of a parent
- Emotional trauma caused by the loss of a loved one
How a Wrongful Death Attorney Can Help
There are special circumstances surrounding bicycle accidents that involve school buses. Since school buses are considered government vehicles, a claim must be filed within six months or 180 days from the date of injury or loss of a loved one. If you have lost a family member in an accident involving a government vehicle, it is essential to retain an experienced wrongful death attorney in Lodi. An experienced attorney understands the difficulty of overcoming governmental immunity and can help a grieving family navigate through the legal requirements to protect their right to fair compensation.
Lodi Wrongful Death Lawyer
I’m Ed Smith, a Lodi wrongful death lawyer. Each year, bicycle accidents cause many traumatic injuries and unnecessary deaths. If a bicycle accident has claimed the life of your loved one, I am genuinely sorry for your loss. Please feel free to contact me anytime at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly legal advice.
See what my past clients have had to say about my practice on the following pages:
I am a California member of the Million Dollar Advocates.
For information on our prior cases and their results, go to our Verdicts and Settlements page.
Image Source: By “StockSnap” via Pixabay
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