Thursday afternoon a female bicyclist was killed in an accident with a FeEx truck at an intersection in Fullerton. According to KABC News , the accident happened at 2:18 p.m. at the intersection of Nutwood Avenue and Ladera Vista Drive. The victim, described as a young woman who appeared to be in her 20s, was apparently traveling eastbound on Nutwood at the time of the accident. The FedEx driver was reportedly turning left onto Nutwood from northbound Ladera Vista when the collision occurred. Paramedics who responded pronounced the victim dead at the scene. The precise cause of this tragic accident is still under investigation, and anyone with information should call the Fullerton Police Department at (714) 738-6813.
The Cause and Scene of the Accident
The intersection where the above accident happened is in the middle of a residential neighborhood. The corner is a unique configuration without the usual 90 degree angles. It's not clear how the accident happened or whether the layout of the intersection somehow contributed to this tragic accident. Given the location of the limit line for northbound Ladera Vista traffic, it seems possible the driver of the FedEx truck could have had a difficult time seeing a bicyclist heading eastbound on Nutwood. There are two trees on Nutwood that could have blocked the driver from seeing the bicyclist. A careful reconstruction of the accident should reveal whether the driver's line of sight was impaired in some way.
Is This a Case Involving an Apportionment of Fault
Accidents like the one above often involve an apportionment of responsibility. In general, when a driver and a bicyclist collide, the driver will often contest responsibility based on the fact they were unable to see the cyclist until it was too late to take evasive action. The bicyclist will often contend their right-of-way was violated by the driver. It is not uncommon for there to be some truth to both positions, and the driver and the cyclist will share the responsibility for the collision. The question as to which party will bear the greater fault is often a question resolved by way of expert testimony. Experts are often retained by the parties to reconstruct how and why the accident happened, and it is their testimony upon which juries often rely.
If you have been seriously injured or a family member has been killed in a bicycle accident, contacting an Orange County injury attorney for a free consultation is perhaps the best way to find out about your rights to compensation.
SOURCE: Fullerton bicyclist struck, killed by FedEx truck, KABC News, June 20, 2013, Orange County News
The Cause and Scene of the Accident
The intersection where the above accident happened is in the middle of a residential neighborhood. The corner is a unique configuration without the usual 90 degree angles. It's not clear how the accident happened or whether the layout of the intersection somehow contributed to this tragic accident. Given the location of the limit line for northbound Ladera Vista traffic, it seems possible the driver of the FedEx truck could have had a difficult time seeing a bicyclist heading eastbound on Nutwood. There are two trees on Nutwood that could have blocked the driver from seeing the bicyclist. A careful reconstruction of the accident should reveal whether the driver's line of sight was impaired in some way.
Is This a Case Involving an Apportionment of Fault
Accidents like the one above often involve an apportionment of responsibility. In general, when a driver and a bicyclist collide, the driver will often contest responsibility based on the fact they were unable to see the cyclist until it was too late to take evasive action. The bicyclist will often contend their right-of-way was violated by the driver. It is not uncommon for there to be some truth to both positions, and the driver and the cyclist will share the responsibility for the collision. The question as to which party will bear the greater fault is often a question resolved by way of expert testimony. Experts are often retained by the parties to reconstruct how and why the accident happened, and it is their testimony upon which juries often rely.
If you have been seriously injured or a family member has been killed in a bicycle accident, contacting an Orange County injury attorney for a free consultation is perhaps the best way to find out about your rights to compensation.
SOURCE: Fullerton bicyclist struck, killed by FedEx truck, KABC News, June 20, 2013, Orange County News
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