California Injury Blog
A suspected DUI driver was arrested after a hit-and-run crash in Huntington Beach that killed a 37-year-old male bicyclist. According to a KTLA News report, the incident occurred the night of February 19, 2014 near the intersection of Edwards Avenue and Ellis Avenue. Officials say a 2012 Toyota Camry and the bicyclist were both headed south when the bicyclist was struck by the sedan.
The bicyclist was riding in the bike lane when the car struck him. He was left in the roadway and pronounced dead at the scene. A witness told police that the vehicle fled the scene. The car’s front tire was found in the street. Officials tracked down the hit-and-run vehicle and arrested the driver, identified as 29-year-old Antonio Magdaleno Jr. of Oxnard. He was arrested on suspicion of driving under the influence and felony hit-and-run causing death.
Bicycle Accident Statistics
There were no fatalities, but 168 injuries caused by bicycle accidents in Huntington Beach, according to California Highway Patrol’s 2011 Statewide Integrated Traffic Records System (SWITRS). In Orange County as a whole, 13 fatalities and 1,315 injuries were reported due to bicycle collisions during the same year.
Violation of Laws
Based on this news report, it appears that the driver in this case violated a number of laws. Officials say he was driving under the influence when he struck the bicyclist who was riding in the bike lane. After striking the bicyclist fatally, the driver fled the scene without even stopping to help the victim. Appalling!
According to California Vehicle Code Section 21209 (a), motorists are not allowed to drive a motor vehicle in a bicycle lane established on a roadway. The only exceptions are when a driver parks where parking is permitted, enters or leaves the roadway or prepares for a turn within 200 feet of the intersection. Driving under the influence of alcohol and/or drugs is illegal under California Vehicle Code Section 23152 (a). And California Vehicle Code 20001 (a) prohibits motorists from leaving the scene of an injury or fatal accident.
Compensation for Victims’ Families
In cases where negligence or wrongdoing is involved, families of deceased victims can seek compensation for damages including medical and funeral costs, lost future income and loss of love and companionship. In addition to facing criminal charges, DUI and hit-and-run drivers can also be held civilly liable for the injuries, damages and losses they cause. Victims’ families in such cases would be well advised to contact a knowledgeable Huntington Beach personal injury lawyer who has experience financially pursuing DUI and hit-and-run drivers.