Ryan D. Foster, 34, was killed in a Hesperia car accident when a Honda hit his bicycle. According to a news report in The San Bernardino County Sun, the fatal bicycle accident occurred on Escondido Avenue near Hollister Street in Hesperia, the night of April 24, 2012. Officials say the rider was crossing the road when a southbound 2002 Honda Accord struck him. Foster died at the scene of the crash. It is unclear why the driver was unable to avoid the collision or if the motorist will be cited.
I offer my deepest condolences to the family members and friends of Ryan D. Foster following this tragic bicycle accident. Please keep them in your thoughts and prayers.
San Bernardino Bicycle Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but five injuries reported as a result of bicycle accidents in Hesperia. During that same year, five fatalities and 279 injuries occurred as a result of San Bernardino County bicycle accidents.
What Caused This Fatal Collision?
Based on this news article, the bicyclist was crossing the road near an intersection at the time of the accident. There are still several unanswered questions that remain here. Who had the right-of-way at the intersection? Whose fault was the accident? Did the nighttime accident result from low visibility? Was the car’s driver speeding, distracted or otherwise negligent? Was the motorist exercising due care at the time of the accident? Was alcohol a contributing factor?
According to California Vehicle Code Section 21200, bicyclists have the same rights and responsibilities as drivers of other vehicles. California Vehicle Code Section 21800 (a) states: “The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway.”
Liability Issues
If negligence was a factor here, the victim’s family can file a wrongful death claim against the at-fault motorist seeking compensation for medical expenses, lost future income and benefits, funeral costs, and loss of love and companionship. A knowledgeable San Bernardino personal injury lawyer will be able to determine whether a dangerous or defective roadway caused or contributed to the accident. If that was the case, the city or governmental agency responsible for maintaining the roadway can be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.