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Father Riding an E-Bike with a Toddler in Berkeley were Hit by an SUV

Bicycle Accident, Berkeley, CA

Father & 3-year-Old Son were Struck While Riding an E-Bike by an SUV at the Intersection of Heinz Ave and Seventh St

Berkeley, CA -In a moment that underscores the fragility of life and the importance of road safety, a Berkeley father and his toddler experienced a terrifying ordeal during their morning bike commute. Struck by a vehicle in a busy intersection, this incident not only highlights the risks faced by cyclists, especially those navigating urban streets with their young ones but also calls into question the adequacy of our current infrastructure to protect the most vulnerable road users.

The Incident

On the morning of February 13, 2024, a routine bike commute turned perilous for Adam Moss and his toddler son in West Berkeley, California. Just before 8:30 a.m., while cycling to school, they were struck by a driver at the intersection of Heinz Avenue and Seventh Street. Moss, who had just dropped off another child at Malcolm X Elementary, was navigating westbound on Heinz on his e-bike, with his 3-year-old son securely seated behind him, when the unforeseen collision occurred.

The driver, operating a silver Buick Encore SUV, was attempting a left turn from southbound Seventh onto Heinz. The vehicle, moving too fast, veered across the double-yellow lines into the path of Moss’s bike, striking its front tire and Moss’s knee. The impact sent both father and son flying, a nearby teacher and construction worker rushed to their aid, highlighting the community’s immediate response to the distressing scene. The driver, also on a school run, stayed at the scene as police conducted their investigation.

Despite the terrifying ordeal, Moss’s toddler son miraculously escaped unharmed, shielded in part by the bike’s guardrail. However, Moss wasn’t as fortunate; while his leg wasn’t broken, he experienced a popping sound in his knee, indicative of a likely torn ligament. Opting out of an ambulance ride to ensure his son reached preschool, Moss later sought medical attention, confirming the extent of his injuries. This incident not only left physical scars but also ignited a fervent call for enhanced safety measures at a crossing that serves as a conduit for many Berkeley families.

Legal Implications 

The distressing accident in Berkeley brings to the forefront the critical legal implications surrounding road safety and cyclist protection. In California, where cycling is a popular mode of transportation, the law mandates motorists to yield the right of way to cyclists in bike lanes and intersections, underscoring the shared responsibility to prevent accidents. However, this incident raises questions about the enforcement of these laws and the adequacy of existing infrastructure to safeguard cyclists, particularly in urban areas with high traffic volumes.

Statistically, the rise in cycling popularity has not been matched with a corresponding increase in safety measures. According to the National Highway Traffic Safety Administration (NHTSA), there has been a noticeable uptick in cyclist fatalities and injuries nationwide, highlighting a pressing need for comprehensive traffic safety reforms. In Berkeley alone, the intersection of Heinz Avenue and Seventh Street, known for its proximity to schools and family-oriented destinations, exemplifies the urgent requirement for enhanced protective measures for cyclists and pedestrians alike.

The legal aftermath of such incidents often involves navigating complex liability issues, where the determination of fault can significantly impact the outcome of personal injury claims. For victims like Moss, the physical and emotional toll is compounded by the potential financial burden of medical expenses, lost wages, and rehabilitation costs. This underscores the importance of seeking an experienced bicycle accident attorney to advocate for rightful compensation and to push for systemic changes that prioritize the safety of all road users.

The horrible experience of Adam Moss and his son is a stark reminder of the vulnerabilities cyclists face daily on our streets. It underscores the imperative need for legal advocacy and structural changes to ensure the safety of all road users, especially in urban environments where the interaction between vehicles and cyclists is most frequent. The Scranton Law Firm, with over 50 years of dedicated service, expertise in personal injury law, and a compassionate approach to client representation, stands at the forefront of advocating for victims like Moss and his family.

Our firm’s commitment to securing justice for accident victims is matched by our relentless pursuit of safer roadways through legal reform and community engagement. Whether it’s a bicycle accident in Berkeley or a semi-truck collision in Fresno, our experienced attorneys understand the profound impact these incidents have on individuals and families. We are here to offer comprehensive legal support, from navigating the complexities of personal injury claims to advocating for the compensation you deserve.

If you or a loved one has been involved in a cycling accident or any form of road traffic incident, do not hesitate to reach out to the Scranton Law Firm. Let our expertise, empathy, and proven track record of success be your guide and support through challenging times. Together, we can strive for a safer future on the roads for everyone. Contact us today to learn how we can help you on your journey to recovery and justice.

FAQs

  1. What steps should I take immediately following a bicycle accident? Immediately after a bicycle accident, prioritize your safety and health: move to a safe location, seek medical attention, and report the accident to the police. Document the scene and exchange information with any involved parties. Then, consult with a personal injury attorney to explore your legal options.

  2. Can I claim compensation if I was partially at fault for my bicycle accident? Yes, California’s comparative negligence law allows you to claim compensation even if you were partially at fault. However, your compensation may be reduced by your percentage of fault in the accident.

  3. How long do I have to file a personal injury lawsuit after a bicycle accident in California? The statute of limitations for personal injury claims in California is generally two years from the date of the accident. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within these time limits.

  4. What types of damages can I recover in a bicycle accident lawsuit? Victims of bicycle accidents can potentially recover damages for medical expenses, lost wages, pain and suffering, and more. An experienced personal injury attorney can help identify all possible damages in your specific case.

  5. Why is legal representation important after a bicycle accident? Navigating the aftermath of a bicycle accident can be complex, involving negotiations with insurance companies and legal proceedings. An experienced personal injury attorney can provide invaluable guidance, ensuring your rights are protected and maximizing your compensation.

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Don’t navigate the aftermath of a bicycle accident alone. Let the Scranton Law Firm stand by your side. With over 50 years of experience as personal injury lawyers, we’ve helped thousands recover from their losses. If you or a loved one are affected by a Placer County bicycle accident, don’t hesitate to reach out to us. Secure your rights and seek the justice you deserve. Call us now for a free consultation – The Scranton Law Firm, your trusted ally in these challenging times. Call 800-707-0707 now. 

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