Washington Injury Law Blog

A few days ago a 14 year-old boy in Wenatchee, Washington was crossing the street in a crosswalk on his bike when he was hit by a truck that failed to see the bicyclist at or in the crosswalk. It appeared that the bicyclist may have broken his leg and was taken via ambulance to Central Washington Hospital.

 

As a Washington bicycle rider and Kirkland Bicycle Accident Attorney I repeatedly see how the media and police have a bias against bicycle riders. Whenever I read a police report  of a client hit by a car or read a newspaper story or hear a TV news report about a bicycle v. car accident more often than not the report is slanted against the bicycle rider.

 

The report often states facts in a way that implies the bicycle rider was at-fault or at-least partially at fault for the bicycle v. car collision. Here’s a quote from The Wenatchee World newspaper report on 4/14/09 what do you think after reading it?

 

“William Lemke, 41, of East Wenatchee, identified himself as the driver of the Toyota Tundra pickup at the scene. He said he had stopped on Marr Street at the stop sign and looked both ways before attempting to turn right onto South Mission Street. He struck the boy in or near the crosswalk on Marr Street. The man said he did not see the boy until he hit him.

 

Smith said the boy did not have a light on his bike and was wearing dark clothing.

 

She said Lemke did not see the bicycle, which was just entering the street. The driver was not cited.”

 

Sure seems to point the finger at least partially at the bicyclist. We don’t know if it was daytime or night, but it appears from a photo in the paper that it was at best dusk. It is a good idea to wear brightly color clothing but not required. Bike lights are required at dusk and night under Washington law, but again we have no idea of the time of the bike v. car accident happened.

 

Plus this is a kid at or in a crosswalk. Bicyclists or pedestrians at crosswalks have the right of way over stopped vehicles, and drivers must use extra caution when a kid is present. The truck driver had a duty to see all that could be seen, did he even look for a pedestrian or bicyclist waiting to cross the street in the crosswalk before turning?

 

You may disagree with me, but if you’re a bicyclist injured in a bike v. car accident this is the common bias that you will face. 

That’s why it’s a good idea to get some legal advice as soon after the bicycle accident as possible, at the very least start educating yourself on the injury claim process. If you or a loved one has been injured in a bicycle v. car accident and want to speak with an attorney please call me at (425) 822-5700 or email me at max@scottmcdonaldlaw.com.

 

Safe riding!

 

Max Meyers, Esq.