Accident News

SACRAMENTO – The California Highway Patrol made a determination this month that a cyclist caused the fatal collision that killed her when a truck struck her on November 2, 2015. Sacramento County Superior Court Judge Matthew Gary was driving the truck and the accident occurred while he was turning left onto Fair Oaks. The CHP officer investigating the accident found that the victim had tried to cross the street before reaching the intersection, mid-way through the block.

WALNUT CREEK, CA – A driver struck two pedestrians while walking in the crosswalk at Walnut Avenue and Oak Grove Road in Walnut Creek. The accident happened Friday morning and Oak Grove Road remains closed while the police continue their investigation at the scene.

Both victims are approximately 60 years of age and remain in the hospital in critical condition, one suffering from head injuries.

According to police both women were walking inside the crosswalk. So far it doesn’t seem as if the driver was speeding or doing anything else against the law, except for not coming to a stop at the intersection where the women were crossing the street.

According to officials who spoke out on Monday, the sightseeing tour bus that went out-of-control last week crashing at Union Square in San Francisco, possibly due to brake failure, was not registered with the state of California nor had it been inspected, which are both required by law.

The open-air, double-decker bus being run by City Sightseeing, was not officially listed as part of the company’s fleet, according to a spokesperson from the California Public Utilities Commission, the agency charged with regulating tour buses.

OAKLAND, CA – AC Transit has settled a lawsuit filed by an Oakland woman for injuries she suffered riding her bicycle when she was struck by a bus. The incident occurred in Emeryville back in 2012. The woman will receive a pay out of $2.5 million.

This is just one of a number of large settlements or verdicts announced against the transit agency in the past few years. Carter Zinn, the attorney who brought the case on behalf of the injured woman, said this case underscores a lack of training for AC Transit drivers as well as a lack of discipline and accountability for reckless drivers.

According to Zinn, “The AC Transit has systematically failed to identify and get the message to dangerous drivers that their driving habits are unacceptable and that they will be disciplined. If these drivers do not get the message they should be taken off the road.”

The board of directors of AC Transit last week approved the amount of the settlement in the civil case filed in Alameda County, McClendon v. Transit. No one from their office returned our calls asking for comment.

According to Zinn, on July 17, 2012 Cara McClendon, 35 was on her bicycle riding along San Pablo Ave. near 45th St. in Emeryville. An AC Transit bus, being driven by Lynn Jackson was making a left turn when she hit McClendon. The bus was empty at the time as it was returning to the transit yard located on 45th St. Jackson did not slow down to check if anyone was in the intersection, before she made the turn going 20 miles an hour. Zinn also said that AC Transit tells its drivers to enter turns driving no faster than 5 miles an hour.

A Los Altos woman was killed early last month when her bicycle was hit by a 26-wheel big-rig truck near Portola Valley, on Alpine Road. Both Lauren Ward and the semi were approaching Interstate 280, traveling west on Alpine Road when the collision occurred. The family of the victim is suing Castroville-based demolition company, Randazzo Enterprises, and the truck driver, Gabriel Manzur Vera.

The lawsuit states that "Suddenly and without warning, defendant Gabriel Manzur Vera ... negligently drove the aforementioned tractor and trailer rig directly into the path of Lauren Ward's bicycle thereby violating Lauren Ward's right-of-way, causing Lauren Ward's death at approximately 3:45 p.m." Vera has been involved in 3 fatal accidents while on the job, but has never been found at fault. However, Vera and Randazzo Enterprises paid $1.5 million to settle a separate wrongful death suit stemming from a 2007 collision that involved the Vera and a bicyclist in Santa Cruz.

The California Highway Patrol released a report that concluded trucker Vera was not at fault in the fatal crash with cyclist Lauren Ward. The report claims that the collision occurred when Ward "unsafely turned" into the path of the truck as she rode to its "immediate left" in the same right lane of the road. The report does not explain why Ward would turn into the path of the truck, and there are no witnesses to support the CHP Report's conclusion.

In announcing the lawsuit, the lawyer representing the Ward family stated "While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding Lauren's tragic death, and the team disagrees with the CHP's conclusion as to the cause. As a result, (her husband) Bob and the Ward children would like a jury to hear the evidence and decide."

In the fatal collision in 2007, Vera's 26-wheeler collided with John Myslin at the intersection of Mission and Bay streets in Santa Cruz. The police investigation concluded that Vera had been making a right turn when Myslin tried to pass him on the right and cleared Vera of wrongdoing. Myslin's parents disagreed and sued. They later settled with Vera and Randazzo Enterprises for the sum of $1.5 million.

Wrongful death caused by the collision of bicycle with any motor vehicle is a tragedy.  Furthermore, all states guarantee the right to compensation for families and children of those who are killed in a wrongful death accident. If you or a loved one has been involved in such an accident, do not take chances with your family’s future. You need to immediately contact an bicycle collision lawyer.  The attorneys at O’Connor, Runckel & O’Malley have the skill and experience to ensure that individuals and their families receive the financial support necessary to help them move forward with their lives.

(Source: Mercury News, 2 )