When a motor vehicle is involved in a collision with a bicycle the results are often devastating. Bicyclists are susceptible to serious or even fatal injuries and this was unfortunately the case recently for a Boca Raton cyclist.
A 58-year-old Boca Raton man was leisurely riding on the shoulder of Lyons Road near Clint Moore Road when he was struck by a minivan driven by an elderly woman around 9 a.m. According to the Palm Beach County Sheriff’s Office, the minivan driver lost control and hit the bicycle from behind. The cyclist hit the vehicle’s windshield and was thrown onto the sidewalk. He died at the crash scene, three miles from his residence. No charges were filed against the driver.
In the case of cars hitting cyclists, the most common argument raised by defendants is that the driver simply did not see the cyclist. Even if the individual was riding on the shoulder, the defendant may contend that he or she did not see the bicycle because it was blocked by a larger vehicle. This defense is easy to strike down because bicyclists have the same rights on the road, and drivers have the same duty to look out for cyclists, and they do other vehicles.
In the case of this tragic accident the surviving family could pursue a wrongful death claim with the help of a bicycle accident attorney. To succeed, the family must prove that the driver of the vehicle was negligent and that this negligence caused the death of their loved one.