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Bicyclist Hit By Car ? Fatal Bike Accident

By Claude Wyle

It has been a terrible couple of weeks for Bay Area cyclists. The Santa Clara County medical examiner's office has now identified 28-year-old Joshua Ryan West, a father on his way to physical therapy, as the bicyclist who was fatally hit by a car in Los Gatos earlier this month.

According to NBCBayArea.com, at approximately 8:50 a.m. on Monday February 1, 2010, the driver of a Chevrolet Blazer hit West on his bicycle as they were both traveling east on Lark Avenue, Los Gatos-Monte Sereno Police Department Sgt. Kerry Harris said.

Officers responded, but West was pronounced dead at the scene.

The driver of the Blazer suffered minor injuries when his car rolled over after the collision with bicyclist West. He is expected to be released from the hospital sometime Monday.

The preliminary investigation, based on witness statements and evidence at the scene, indicates that the Blazer was in the number 2 lane, then veered to the right lane before drifting onto the sidewalk where it hit bicyclist West at Garden Hill Drive, according to Harris. The Blazer then hit a pedestrian safety barrier and continued across the intersection, hitting a signal light and then finally flipping over on its side.

Harris said West was found next to the car, and it is possible he may have been either carried across the intersection by the car or thrown by the impact of the Blazer.

Although there were no obvious signs that alcohol or drugs factored in the crash, on February 2, Los Gatos police announced the arrest of the man they say was behind the wheel of the sport utility vehicle that struck West. Police arrested Kevin Derr, 50, for vehicular manslaughter.

As an avid cyclist and Bay Area bike lawyer, I am pleased to hear that an arrest has been made in this case. Although nothing can be done to ease the pain of Mr. West's family, I sometimes despair that the authorities do not take bicyclists seriously and do not do enough to protect us when we're on the road. Please join with me in keeping bicyclists' rights in the forefront and visit the San Francisco Bicycle Coalition when you get a chance.

I also want to mention that Mr. West was a single father. He had just dropped his daughter off at school prior to the crash and was going to a doctor appointment for a back problem when he was hit. A fund has been set up for his daughter, 7-year-old Briana. Contributions to the 'Joshua West Memorial Fund' will be accepted at local Wells Fargo branches.

We are 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 a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

Originally posted at InjuryBoard by Claude Wyle

Full post as published by San Francisco Personal Injury Lawyer on February 19, 2010 (boomark / email).