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

[Eric Hollenbeck]

So if a tree fell in the bike lane and a rider crashed into it, who would be liable? 
And would anyone hear it? ;-)

Richard Duquette wrote: 
> 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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> _______________________________________________ 
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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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