Bicycle Accident

An article in San Jose’s Mercury News talks about the $1.2 million settlement that the family of a killed bicyclist received from Santa Clara County. The male bicyclist was killed in an accident involving a police patrol car that was being driven by a sheriff’s deputy that fell asleep at the wheel while driving. The deputy also hit two other male bicyclists during the Cupertino accident that occurred in March of 2008. Santa Clara County previously settled with another one of the other victims for a total of $2.3 million. The third victim recovered from his injuries, and any sort of settlement received by him was not disclosed in the article.

The parents of 30-year-old and 29-year-old bicyclists that were killed filed suit on behalf of their sons, and were awarded compensatory damages on their behalf. While the sheriff’s deputy certainly did not mean to fall asleep at the wheel, he was found negligent in causing the accident. Because there was no intent to commit harm to the bicyclist, the officer pled guilty to misdemeanor vehicular manslaughter, and was sentenced to four months of house arrest and an undisclosed amount of public service.

Ultimately, the settlements amount can be considered indicative of the sheriff’s department admitting that wrong-doing on the part of one of their officers took place. As with all vehicular accidents, negligent action can typically be attributed to one or more parties, and such action can hold those individuals responsible for the behavior that caused the accident. Regardless of the situation, it is always important to retain the services of a skilled personal injury lawyer that will examine the details surrounding your accident to ensure that your rights are upheld and those responsible for your accident are deemed as such in a court of law.

If you have recently been in a bicycle accident or any other type of personal injury accident, chances are that negligent behavior played a definite role in causing you injury. At Van Der Walde & Associates, our experienced Santa Clara County bike accident attorneys will seek compensatory damages on your behalf, and will hold the negligent accountable for their actions. If you have been injured, please don’t hesitate to contact us today at 877-862-6288 for a free evaluation of your personal injury case.

Source:http://www.mercurynews.com/news/ci_13519726

The Mercury News recently ran an article discussing the search for the family of a 67-year-old bicyclist that was struck and killed in Watsonville.  Police believe the male victim to be a transient, and are still attempting to identify him so that next-of-kin can be notified of his accident.  The bicyclist reportedly veered in front of the white Mercedes automobile that struck him, was airlifted to Regional Medical Center in San Jose, and later succumbed to head trauma and other injuries the night of the accident.

In this particular case, although the driver of the vehicle did flee the scene of the crash, it does appear as though the driver was responsible for causing the accident. According to the report, police suspect that the bicyclist may have lost control as he veered into the car’s path. Police have tested the motorist’s blood alcohol concentration, and are awaiting the results before pursuing any sort of charges against the motorist.

When automobiles collide with bicyclists, the result is almost always dismal for the bicyclist. In cases where driver negligence is to blame, victims of bicycle accidents have the right to seek compensatory damages from negligent motorists. This monetary compensation is often awarded to an accident victim to help cover the costs associated with the accident, such as medical bills, physical therapy fees, and even property damage.  In the event that an accident victim perishes during the accident, then the family of an accident victim may seek damages on the victim’s behalf, holding reckless drivers accountable for their actions in a court of law.

In you have recently been injured in a bicycle accident in the Santa Cruz area, don’t hesitate to contact an experienced Santa Cruz bicycle accident attorney to ensure that your rights are protected in a court of law.  At Van Der Walde & Associates, our skilled personal injury lawyers will examine the details of your bicycle or auto accident to determine if negligence played any sort of factor, and will hold all negligent parties accountable for their actions.  Please call us today at 877-862-6288 for a free case evaluation.

Source Article: http://www.mercurynews.com/centralcoast/ci_13269892

The San Francisco Chronicle recently reported in an article that a $2.3 million settlement was awarded to the parents of a bicyclist who was struck and killed by a sheriff’s deputy.  Parents of the 29-year-old victim filed the claim against a Deputy Council member who reportedly fell asleep at the wheel of his cruiser before striking the decedent and two others. The wrongful-death lawsuit was filed in Superior Court against Council, Santa Clara County, and the sheriff’s department.

Council’s cruiser crossed the center line after he fell asleep at the wheel on March 9, 2008. The bicycle accident in Cupertino, which occurred on Stevens Canyon Road, took the lives of two and seriously injured another. Lead deputy county counsel said that the county was “pleased that [it] was able to reach a resolution with the family.” Other lawsuits filed against the county and Council by the other parties are still pending, but county officials, according to the lead deputy, “hope to be able to resolve those matters in the near future.”

Council pled guilty to two counts of misdemeanor criminal manslaughter and was sentenced to four months in jail and 800 hours of community service. At the time of the accident, Council did not have drugs or alcohol in his system, and had not been driving recklessly prior to falling asleep.

Unfortunately, accidents can be caused even by those who are meant to serve and protect us. In the event of negligence of any kind that results in injury or death, experienced legal counsel is a necessity. The Northern California wrongful death attorneys at Van Der Walde & Associates offer free consultations of cases, and will exhaust all possible resources to ensure that you receive the closure and compensation that you deserve to help deal with the stress and heartache that personal injury can bring about. Please don’t hesitate to contact us today.