Harald Herrmann Killed In Miramar, Half Moon Bay Bicycle Accident Involving Box Truck On Highway 1
HALF MOON BAY, CALIFORNIA (September 28, 2022) – A bicyclist identified as Harald Herrmann was killed in a Moss Beach car accident involving a box truck on Highway 1.
San Mateo County CHP are saying that the accident took place around 11:30 a.m. on Wednesday. The driver of a box truck allowed his vehicle to drift onto the shoulder and strike Harald Herrmann as he was riding a bicycle.
Firefighters and paramedics were called to the scene of the collision in order to help the cyclist. Despite the best efforts of first responders, Harald Herrmann died due to the severe nature of his injuries.
The driver of the truck was transported to a hospital in order to receive treatment for minor injuries. It remains unclear if the box truck driver will face any charges or citations following the crash.
Neither drugs nor alcohol are believed to be contributing factors.
Liability In Moss Beach Bicycle Accidents
Bicycles have become far more popular in recent years, especially with the sharp rise in gas prices. According to the Centers for Disease Control, “Bicycle trips make up only 1% of all trips in the United States. However, bicyclists account for over 2% of people who die in a crash involving a motor vehicle on our nation’s roads.” Around 64% of all fatal bicycle collisions take place at intersections. There are a number of steps that drivers, cities and bicyclists can take to avoid accidents.
- Drivers should always remain vigilant and stay at least 3 feet away from bicyclists.
- Cities can create protected bicycle lanes that create a physical barrier between bicyclists and errant vehicles.
- Bicyclists can wear florescent and retro-reflective clothing to help increase their visibility.
Bicyclists have the same rights and responsibilities as drivers of motor vehicles under California law. All drivers must exercise due care to avoid hitting them and yield the right of way when necessary. Many collisions are due to drivers that make dangerous lane changes. Pursuant to California Vehicle Code 22107, no person shall turn a vehicle left or right upon a roadway unless such a movement can be made with relative safety. There is a rebuttable presumption of negligence on the part of any driver that drifts onto the shoulder and strikes a bicyclist.
If the driver of a box truck was working at the time of a collision, the company that they were working for could potentially be held at fault. Generally speaking, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a truck driver may have been delivering packages at the time of a collision.
Many box trucks are rented by private citizens who are not working for businesses. If this is the case, the company that rented a box truck could potentially be liable for a collision through the doctrine of negligent entrustment. In short, companies that rent vehicles have a legal duty to ensure that the person that they are renting to is otherwise competent to operate their vehicle. A rental company could be liable if they rented a vehicle to someone who was unlicensed or visibly intoxicated. There are a number of steps that should be taken after any bicycle accident.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- Photos of the accident site should be taken.
- A thorough, independent investigation should be conducted.
When a driver is negligent and kills a bicyclist they can be held at fault through a wrongful death claim. Damages in a civil claim can help cover many of the expenses that come with the sudden loss of a loved one. Unfortunately, drivers will often do everything in their power to avoid responsibility for any collision. This is why it is so important that evidence is properly preserved after any accident.
Investigating A San Mateo County Bicycle Accident
We at TorkLaw extend our deepest condolences to the family of Harald Herrmann. Any person that may have more information about what happened should reach out to police. This was a preventable tragedy that should have never taken place. There needs to be a thorough investigation for the sake of all who have lost so much.
Do you need more info about a Half Moon Bay bicycle accident? Our team of bicycle safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free investigation into an accident, we are here for you. You can reach out to us anytime at (888) 441-4991.
