Walter Freeman 63, was killed in a San Diego car accident after his bicycle was hit by a San Diego Police Department cruiser at a busy intersection in the University City area during rush hour the morning of November 9, 2009. According to a 10news report, the fatal collision occurred in the 3800 block of Governor Drive as Freeman entered the roadway from a business driveway and crossed the southbound side. It was then the police car traveling south in the far-left lane struck the bicyclist, police said. The incident is under investigation.
I offer my deepest sympathies to the family and friends of this fatally injured victim. Please keep them in your prayers.
Bicycle Accidents in San Diego
According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), four fatalities and 392 injuries were reported in the city of San Diego as a result of dangerous bicycle accidents. In San Diego County as a whole, 50 deaths and 985 injuries were reported as a result of bicycle accidents in 2007. Also, countywide, car accidents claimed 268 lives and injured 14,641 people during the same year.
Based on this news report, it is not clear who or what was responsible for causing this fatal bicycle accident. There are many questions here that need to be answered. Where exactly was the bicyclist during the accident? Was he in a crosswalk or intersection? Was he riding or "walking" his bicycle at the time of the crash? The article says the officer was on a non-urgent traffic accident call and was not speeding. He also had not turned on the cruiser's roof lights and siren. It is important here, to determine if this officer was somehow distracted or driving negligently. Why did the officer fail to see the bicyclist on the roadway?
These are some very important questions that must be answered in order to determine who was at fault here. I'm certain that since it was rush hour and the pedestrian-car collision happened at a busy intersection, there must be several witnesses who should be able to tell investigators what happened.
Victims' Legal Rights Must be Protected
If I were a member of the Freeman family, I would be consulting with an experienced San Diego personal injury attorney, who will follow up with the official investigation and make sure that their legal rights are protected. I'd be extremely concerned if this incident is being investigated by the San Diego Police Department. I'd have to question the fairness and objectivity of any agency that investigates one of its own. A skilled San Diego personal injury lawyer will also look into whether a dangerous condition on the roadway caused or contributed to this fatal accident. If that was the case, the city could be held liable as well. California Government Code states that any claim against a governmental entity must be filed within 180 days of the accident or injury.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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