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Bicycle Accident Occurs When Bus Fails to Yield Right of Way

Posted on in Catastrophic Injuries

CA injury lawyerSan Jose encourages bicycles as a cost-effective, environmentally friendly form of transportation, which can help keep traffic congestion under control. While the city is showing its support by budgeting funds for on and off-street bike networks and pathways, there is still the need for public awareness in the community regarding the rights of bicyclists. A recent fatal mass transit accident  involving a commuter bus highlights this need while serving as a warning regarding the potential dangers all cyclists face in interactions with other road users.

Failure to Yield Results in Bicyclist Fatality

A Morgan Hill bicyclist was fatally injured in late October 2018 by a commuter bus carrying passengers on Bunker Hill Lane, near the Great American amusement park. It was reported that the cyclist was struck and killed when the bus driver made a turn but failed to yield the right of way, which by law he was legally obligated to do.

Owned by El Paseo Limousine, the bus runs a free commuter line, shuttling employees for various businesses through the Altamont Corridor. The accident occurred during the evening rush hour, just before 5:30 p.m. Officials say the driver remained at the scene and was cooperative with the officers in the investigation. Other than not following the yield requirement, he is not suspected of violating any other traffic laws or being under the influence.

Know Your Rights as a Bicyclist

It is this type of tragic accident that the San Jose City government hopes to avoid by reaching the goals in Bike Plan 2020. It includes increasing the overall number of trips and commutes made by bike by five percent, along with building a 400-mile on-street bike network to accommodate the increased traffic.

However, bicyclists do have rights detailed in the California Driver Handbook, the same as any other road user. This includes the right to ride on the street and in the flow of traffic, as well as the obligation to indicate when making turns and to obey all posted traffic signs and signals. Unfortunately, at intersections and cross streets motor vehicle drivers may not be as educated as they should be on bicyclist’s rights and may think that they automatically have the right of way.

In these situations, not making allowances for motor vehicles can leave bicyclists with serious and potentially life-threatening injuries. As a precautionary measure, follow these tips:

  • Use extreme caution when approaching busy streets and intersections;
  • Wear bright, light colors to increase your visibility to motorists;
  • Make eye contact with drivers, to ensure they see you; and
  • Never assume another driver will stop or yield the right of way.

Contact Us Today for Help

When bicycle accidents occur due to the reckless actions of other drivers, the Jachimowicz Law Group is here to help you get the compensation you are entitled to in a claim. Request a free consultation to discuss the options in your case and contact our dedicated San Jose personal injury attorneys by calling 408-246-5500 today.






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