Phoenix police were in the process of investigating an accident where a bicyclist was hit by a car.
Cyclist is ran over while crossing the street
The incident happened at about 4:15 am near the intersections of 19th Ave and Bethany Home Road. A bicyclist was in the process of crossing the street in the middle of a block and outside of the crosswalk. A white Ford sedan that was going westbound struck the cyclist before he could get to the other side. Emergency crews pronounced the victim dead immediately when they arrived at the scene. Video of the area showed that police vehicles had the road blocked, and the vehicle involved had minor damage to the front passenger side.
The driver stayed at the scene to cooperate with law enforcement, and there was no suspicion of drunk driving or criminal activity. Bethany Home Road remained closed for several hours while police investigated the area.
Dangers that cyclists face every day
Riding a bicycle through the streets is always dangerous. Many drivers simply do not see cyclists, or they are not very careful when people are nearby on bikes. Unfortunately, collisions often lead to serious complications or death because cyclists usually have no protective equipment aside from a helmet. If a driver is going at a high rate of speed when a crash with a bicycle happens, the chances of survival are minimal.
Bringing a case against a negligent driver
Despite the severity of these accidents, victims do have remedies available through civil lawsuits. These cases can be filed whether the driver is cited or charged criminally or not. There are few types of civil cases that can be brought, but the most common are related to mistakes that result in life threatening injuries or death. These are civil negligence cases and wrongful death lawsuits, and both are similar. If the victim dies in an accident, the rules for a wrongful death cases are like negligence cases, except certain family members will bring the lawsuit on behalf of the deceased person.
Comparative negligence in Arizona
Under Arizona law, there is a doctrine called comparative negligence. This allows just about anybody involved in an accident to try to bring a case, even if they are partially or mostly at fault. Under the rules of comparative negligence, a successful party in a lawsuit will have their damage award reduced relative to their level of fault. Every accident is different, so it is best to talk with a personal injury lawyer about the specifics of your case before trying to guess at your level of fault or the amount of damages that may be available.
Get assistance from a local accident attorney
There are lawyers who handle all kinds of personal injury cases throughout the Phoenix metro area. To get help and legal advice, contact:
4425 North 24th St., Ste. 225, Phoenix, AZ 85016