Last week a bicyclist was injured and hospitalized in West Sacramento when he was struck by a car during the early morning hours. While the cause of the crash was not identified in the police department’s press release, it was stated:
“Marquez did not confirm a cause of the crash, but he said the driver was heading in the direction of the rising sun”
In a personal injury action, the issue that must be decided by a judge or jury is whether the driver of the automobile was acting as a reasonable driver would act in the “same or similar circumstances.” Consequently the fact that the driver in this situation may have very well been driving at a safe speed for the middle of the day, there will undoubtedly be a question that needs to be decided as to whether the driver was driving the appropriate speed for the conditions: rising sun.
Accidents at dawn and dusk are very frequent, and can often be the most dangerous time of the day other than rush hour and/or commute traffic. During the morning hours, it is not uncommon to be driving directly towards the sun, especially in the cities like Sacramento that have streets running on an East/West grid pattern. Likewise, dawn can be particularly dangerous because of the fading of light, and yet drivers not yet turning headlights on.
Besides dawn and dusk, it is also important to adjust your speed for weather conditions such as rain and ice. While ice is a bit obvious, rain can not only make the road slick, but can serve as an impairment to sight.
Just as there may be liability on the part of the driver for exceeding the speed under the driving conditions, the bicyclist may not be completely immune for responsibility as well. There may be comparative fault on behalf of a bicyclist for failing to yield, or to take extra precautions during this time of day. The report is too vague to know if the bicyclist is at fault at all, or for that matter if for sure the car driver was at fault, but a good personal injury attorney would be able to assist with these questions after investigation.
If you have a been in a bicycle or car accident, and are curious who is liable, please do not hesitate to contact one of the Sacramento bicycle accident lawyers at Eason & Tambornini, A Law Corporation.
