(Hemet, CA) A bicyclist involved in a Lincoln Avenue crash died from his injuries two days later in Hemet.
On Friday, August 8, a little after 6 p.m., the Lincoln Avenue crash occurred. According to the Hemet Police Department, the incident happened in the area of Lincoln Avenue and Soboba Street.
Based on the investigators findings, the bicyclist travelled eastbound on Lincoln Avenue. At some point, a driver heading northbound on Soboba Street collided into the cyclist. When Hemet Fire Department paramedics arrived, they believed the victim’s injuries to be moderate. After transporting the bicyclist to a hospital, he began to decline from internal damage.
Two days later, the victim succumbed to his injuries, police said. Authorities questioned the motorist regarding the Lincoln Avenue crash. Afterwards, they tested the driver for possible intoxication, and based on the test results, police ruled out alcohol as a factor.
Legal Opinion on the Lincoln Avenue Crash
This tragic crash in Hemet indicates a possible failure to yield, a violation under California Vehicle Code 21804(a). This section requires a driver to yield the right-of-way to all traffic approaching close enough to be an immediate hazard. In this case, the bicyclist travelled eastbound on Lincoln Avenue, the motorist entering into the cyclist’s path.
Another possible violation is VEH 21200(a), which gives bicyclists the same rights and responsibilities as drivers of cars. This means motorists must treat them as lawful roadway users the same as any other vehicle. A motorist’s duty extends to ensuring a cyclist’s safety, especially when crossing or turning into a roadway. If the driver did not properly check for oncoming traffic before entering the intersection, this could be a violation of that code.
Given that the bicyclist later died from their injuries of the Lincoln Avenue crash, this incident may also qualify as vehicular manslaughter under California Penal Code 192(c)(2). This applies when a death occurs due to negligent driving without gross negligence or intoxication. The fact that police ruled out intoxication does not remove liability; the focus shifts to whether the driver acted with reasonable care.
What the Family Can Do
The victim’s surviving family may have grounds to bring a wrongful death claim under California Code of Civil Procedure 377.60. This type of claim allows certain relatives, such as a spouse, children or dependents, to seek damages for funeral expenses, loss of financial support, and loss of companionship. The claim would be filed in civil court and is separate from any criminal charges.
To proceed, the family should collect all available evidence, including the police report, eyewitness accounts, photographs of the scene, and medical records showing the progression of injuries. Time is also important here. California’s statute of limitations for wrongful death is generally two years from the date of death. Consulting with a personal injury attorney experienced in bicycle accidents is strongly recommended.
We at Accident News Now extend our deepest condolences to the family of the victim. We know this is a difficult time as you mourn the tragic and sudden loss of a loved one. If you have any concerns about navigating the legal process surrounding this horrible incident, call 866-883-4318 to speak with a lawyer.
