A man has been sentenced to serve jail time after a horrific accident on the roadway. The car versus bike accident took the life of one bicyclist and severely injured another. The driver of the vehicle will spend time in jail, pay restitution and also have to complete community service in California.
The driver in this case was driving a Yukon on a Friday afternoon when his cell phone slid off his lap. As he reached for it, he had to swerve to avoid hitting a car in front of him. He swerved onto the shoulder to avoid the car and then reached again for his cell phone. He then veered back onto the shoulder of the road and hit the two bicyclists who were riding on the shoulder.
One bicyclist, a 62-year-old woman, was thrown 126 feet and died at the scene. The other bicyclist, a 59-year-old man, was thrown 84 feet and was taken to the hospital for injuries. He has since needed several surgeries due to those injuries. The driver was charged with vehicular homicide and reckless driving.
Both the family of the bicyclist who lost her life as well as the injured bicyclist have legal recourse against the driver beyond the punishment handed down by the criminal court system. The family of the bicyclist who died may choose to pursue a wrongful death suit against the driver, which can lead to awarding of damages that could help alleviate the funeral costs or any other unexpected expenses from the bike accident. Also, the injured bicyclist could file a personal injury suit in a California civil court to seek damages that may help with medical costs, lost wages and the costs of on-going medical treatment he has needed since the accident.
Source: pasoroblesdailynews.com, “Paso Robles teen receives 75 day sentence for cyclist’s death“, May 2, 2016