California Injury Blog
San Diego Bicycle Accident Injures Man
A bicyclist suffered head injuries in a San Diego bicycle accident after he was struck by a drunk driver, 10 news reports. The accident occurred on March 30, 2009 on Balboa Avenue near Charger Boulevard and Interstate 805, San Diego police officials said. Paramedics took the bicyclist to an area hospital where he is said to be recovering. Officers arrested the 42-year-old motorist, Jeffrey Althoff, on suspicion of driving under influence of alcohol.
It is indeed a miracle that this bicyclist survived this horrific crash apparently caused by a negligent and drunk driver. I wish the injured victim the very best for a quick and complete recovery and hope his head injuries were not severe.
According to the 2007 California Highway Patrol’s Statewide Integrated Traffic Reporting System, there were four fatal bicycle accidents and 392 injuries related to bicycle accidents in San Diego. In San Diego County as a whole, 11 deaths and 797 injuries were reported in 2007 as a result of bicycle accidents.
It is against California law to operate a motor vehicle under the influence of alcohol and/or drugs. It is a criminal offense to drive with a blood alcohol content (BAC) of 0.08 percent or more. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”
In this case, if the driver, Jeffrey Althoff, is determined to have been driving under the influence, then he should be held criminally and civilly responsible for the accident and injuries caused to this San Diego bicyclist. The injured victim could receive compensation for medical bills, cost of medication or hospitalization, future medical expenses that are related to this accident and lost wages or income. An experienced California bicycle accident attorney will be able to provide more detailed information about the injured victim’s legal rights and options.
A skilled California personal injury attorney will also determine if there was a dangerous condition on the roadway that contributed to this accident. If so, then the city of San Diego could be held liable. Please remember that any claim against a governmental agency in California must be properly filed within six months of the accident.