[SDCBC] 10news.com Teenager Killed In Carmel Valley Bike Crash

Sat Nov 3 22:31:03 EDT 2007

List mates

Its very sad news indeed the death occurred.

I would point out that these cases can be won in court depending on 
the jury..The facts are of course important.

If this was a down hill and the deceased was riding within the 
posted/marked bike lane at the speed limit, I believe liability can 
be established on the landscape company because its illegal to 
obstruct a bike lane and blockage was the substantial factor causing 
the crash.But for the truck blocking the lane, there would be no 
death.Moreover, they should have posted advance cones or signs 
warning of the unexpected parked vehicle,so it appears the workers 
were negligently supervised or trained.

Yes there may be a comparative negligence argument, but remember to 
avoid the parked vehicle it takes time to observe,react & brake to 
stop or swerve.By then, it may have been too late if the crash 
occurred on a curve.

I won a similar case before a Vista jury about 10 years ago 
called  Keith Hill v XYZ (name escapes me) landscape Co.It occurred 
like this one .(You can look it up in the Vista court public records 
if interested).The cyclist rear ended the landscape truck.There were 
soft tissue & minor neurological hand injuries and  the jury came 
back with 65-85k as I recall.Defense offer was 15k or so.It occurred 
in the Aviara section of Carlsbad.

Just a few thoughts.

Richard Duquette
Bicycle Injury Trial lawyer since 1983
www.911law.com

.At 07:53 AM 11/2/2007, you wrote:

>Carmel Country right in that area is a very fast downhill, it is not
>unheard of to reach 30MPH downhill in that area.
>
>Personally I have long left the BL and use those neat stripped areas
>to the left of the BL in this area.  The road narrows near the
>bottom, and there is one uncontrolled intersection as well as the
>light controlled intersection.
>
>For that uncontrolled intersection, I like to be out, wide, and well
>visible, especially at 30MPH.
>
>And yes landscaper trucks as well as phone company and SDGE trucks
>have been known to park in the BL along there and along El Camino
>Real...  the latter where motorists travel at 50+MPH.
>
>At 09:44 AM 11/1/2007, Serge Issakov wrote:
> >This is a terrible tragedy.  What can be learned from it?
> >
> >I don't think whether parking is legal in that bike lane is very
> >important.  Even if parking is illegal, if the truck was parked
> >there because it broke down there, it's understandable and should
> >not be unexpected.  Parking at the curb in a bike lane marked "no
> >parking" is akin to parking in a red curb zone, or double parking on
> >a surface street - at worst it's a minor infraction and not
> >considered a serious safety hazard.  Nor should it be.  Bike lanes
> >should not be thought of as guaranteed safe and clear space for
> >cyclists, and it's dangerous to assume as much.  As tempting as the
> >comparison may be, blocking a bike lane is nothing like parking in a
> >freeway traffic lane.
> >
> >My bias against bike lanes is well-known on this list, and this
> >tragedy exemplifies one of my main objections to them: that they
> >instill a false sense of security in cyclists, that they induce a
> >cycling-nirvana-mindlessness that might be appropriate on an empty
> >bike path or maybe even a very quiet country road, but not on a
> >surface street shared with motor vehicles.  I think less experienced
> >cyclists, perhaps like 15 year old Nigel Clarke, are particularly
> >prone to this effect.  Can a cyclist be blamed for going too fast
> >around a blind curve only a few feet from the curb where he could
> >reasonably believe he was legally obligated to be: in the bike
> >lane?  My heart goes out to Nigel's family and friends.
> >
> >If you're a supporter of bike lanes, I urge you to remember Nigel,
> >and think of his family, the next time you express favor for bike
> >lanes on the basis of safety for cyclists.  There is little if any
> >evidence that supports that view, and tragedies like this, which are
> >all too common, suggest the opposite may well be true: bike lanes
> >make cycling less safe, arguably even deadly.
> >
> >Serge
> >
> >--
> >NOTE: Any opinions expressed above are mine and not necessarily
> >shared by any organization in which I am involved.
> >
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Richard L. Duquette
Criminal Defense &
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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