A man who was killed in a bicycle accident in Oakland on May 19, 2010, has been identified by officials as 35-year-old Erik Fitzpatrick. According to a KCBS news report, Fitzpatrick had just gotten out of an AC Transit bus and started riding his bicycle, when a woman who suddenly opened her car door knocked him off his bike. Fitzpatrick was then thrown onto the roadway where he was hit by the same bus he had exited moments ago. The accident occurred on MacArthur Boulevard near Patterson Avenue. Fitzpatrick was taken to an area hospital where he was pronounced dead. Charges are pending against the woman as an investigation if ongoing.
My heart goes out to the family and friends of Erik Fitzpatrick. What a sudden, shocking and devastating loss for them! Please keep this grieving family in your prayers.
Bicycle Accidents
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 34 fatalities and 2,211 injuries involving car accidents in Oakland California. In Alameda County, traffic accidents claimed 82 lives and caused 6,935 injuries during the same year.
Who Caused the Victim's Fatal Injuries?
If the details of the news report are accurate, it appears that the initial impact from the door opening knocked the bicyclist off his bike. He was then struck by the bus. It is not clear whether the bus driver tried to stop or had sufficient time to stop before the collision. I trust officials are looking into whether there was any negligence or wrongdoing on the part of the woman or the bus driver.
Liability Issues
If the woman is determined to have been at fault, she could be held civilly liable for Fitzpatrick's wrongful death, even if she is not criminally charged. If the bus driver is determined to have been at-fault, then the transit authority could be held accountable. In such cases, an experienced California personal injury lawyer will be able to advise victims and their families about their legal rights and options. Please remember that any claim against a governmental entity in California must be filed within six months of the incident.
What are some of the most dangerous roadways for bicyclists in your city or neighborhood?
None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.
