Nils Linke, 21, was killed in a San Francisco car accident after he was struck by a suspected drunk driver while riding his bike the night of August 13, 2010. According to news reports, the fatal hit-and-run collision occurred near the intersection of Masonic Avenue and Turk Street, when the 1989 Mercedes-Benz hit Linke and drove away. Officials found the car and its driver a few blocks away. Police determined that the driver, 36-year-old Joshua Calder, was under the influence and arrested him on suspicion of DUI, vehicular manslaughter, felony hit-and-run and not having proof of insurance.
I offer my deepest condolences to the family and friends of Nils Linke. Apparently Linke was visiting the area from Germany. This grieving family will certainly be in my thoughts and prayers. I'm relieved that police have the hit-and-run driver in custody.
San Francisco Accident Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 471 injuries due to bicycle accidents in San Francisco. Also, there were 247 fatalities in 2008 involving hit-and-run collisions in California, according to CHP's statistics.
Laws and Liability Issues
It is against the law to drive under the influence of alcohol and/or drugs. According to California Vehicle Code Section 23152 (a): "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." Leaving the scene of a crash or hit-and-run is also a serious crime under California Vehicle Code section 20001 (a). Further, a driver whose act of driving under the influence results in the death of another will likely face gross vehicular manslaughter charges under California Penal Code section 191.5 (a).
In such cases where negligence or wrongdoing is apparent, families of deceased accident victims could file a wrongful death claim seeking compensation to cover medical and funeral expenses, lost future income, loss of love and companionship, and other related damages. A knowledgeable San Francisco personal injury lawyer will also be able to advise families about how their own auto insurance policy might apply to a hit-and-run collision or to an incident involving an at-fault driver who is uninsured or underinsured.
What street improvements would you like to see in your city to make roads safer for bicyclists?
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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