Two boys, ages 6 and 9, were riding the same bicycle when they were hit and badly injured by a vehicle in Highland on Monday afternoon. According to the Press Enterprise, the boys "darted" into the path of a truck in the 25900 block of Ninth Street and were struck. Citing official sources, the Enterprise also reported the boys were not wearing helmets at the time of the collision, and they suffered major head and chest injuries as a result of the accident. The driver of the westbound pickup truck, 47-year-old Lewis Johnson, stopped at the scene. The boys were taken to Loma Linda University Medical Center and were most recently listed in stable condition. Anyone who may have witnessed the accident should call the San Bernardino County Sheriff's Department at 909-790-3105.
The Bicycle Helmet Law in California
Under California law, "[a] person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway...or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet..." (See California Vehicle Code Section 21212) Assuming the two boys above were not wearing bicycle helmets this would be a violation of the law, and it may ultimately impact their ability to obtain compensation for their injuries and damages. If it can be shown that wearing a helmet would have prevented the head injuries suffered by the boys, then the insurance carrier for the driver (assuming he shares any of the responsibility for the accident) would likely deny most, if not all of the claim.
Fault for The Accident
The accident described above is generally referred to as a "dart out" by injury attorneys and claims adjusters. It is not at all uncommon for the investigating officer in a vehicle versus bicycle accident to make an all or nothing determination of fault, generally assigning all of the blame to the bicyclist. However, a careful accident reconstruction (taking into account vehicle and bicycle speeds, visibility, perception-reaction time, etc.) may later reveal the accident was caused by the shared responsibility of the driver and the bicyclist. Simply put, a careful accident reconstruction is a tedious and time-consuming process, and that much time may not be available to the officer at the scene.
If you or a loved one has been injured in a bicycle-related accident that may have been a case of shared responsibility, contacting an experienced personal injury attorney may be a good first step toward making a decision whether to pursue an injury claim.
SOURCE: HIGHLAND: 2 boys on bike badly hurt by car, the Press Enterprise, July 9, 2013, by Richard Brooks
The Bicycle Helmet Law in California
Under California law, "[a] person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway...or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet..." (See California Vehicle Code Section 21212) Assuming the two boys above were not wearing bicycle helmets this would be a violation of the law, and it may ultimately impact their ability to obtain compensation for their injuries and damages. If it can be shown that wearing a helmet would have prevented the head injuries suffered by the boys, then the insurance carrier for the driver (assuming he shares any of the responsibility for the accident) would likely deny most, if not all of the claim.
Fault for The Accident
The accident described above is generally referred to as a "dart out" by injury attorneys and claims adjusters. It is not at all uncommon for the investigating officer in a vehicle versus bicycle accident to make an all or nothing determination of fault, generally assigning all of the blame to the bicyclist. However, a careful accident reconstruction (taking into account vehicle and bicycle speeds, visibility, perception-reaction time, etc.) may later reveal the accident was caused by the shared responsibility of the driver and the bicyclist. Simply put, a careful accident reconstruction is a tedious and time-consuming process, and that much time may not be available to the officer at the scene.
If you or a loved one has been injured in a bicycle-related accident that may have been a case of shared responsibility, contacting an experienced personal injury attorney may be a good first step toward making a decision whether to pursue an injury claim.
SOURCE: HIGHLAND: 2 boys on bike badly hurt by car, the Press Enterprise, July 9, 2013, by Richard Brooks
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