Lawsuit Filed After Truck Fatally Injures 12-year-old Bicyclist

The parents of a 12-year-old boy who was fatally hit on his bicycle by a truck settled a lawsuit with the City of Oceanside. The unfortunate cyclist accident, which happened on a busy stretch of South Coast Highway, has since led to improvements to the road that will hopefully prevent another tragedy.

Claims of dangerous road conditions

According to news reports, Logan Lipton was riding his bike to school in October 2015 when David Palpant pulled out of the Oceanside RV Park and hit him. Palpant pulled over immediately and was not charged with a crime, and Lipton’s parents claimed dangerous road conditions contributed to the accident.

The City of Oceanside agreed to pay $650,000 to settle its share of the lawsuit filed by Lipton’s parents. Oceanside RV Park and West Coast Tire and Wheel Inc., an auto shop near the RV park, were also listed as defendants in the suit.

creating more safe space for cyclists and pedestrians

Shortly after the accident, Oceanside reduced South Coast Highway from two lanes to one in each direction near the location of the collision, between Oceanside Boulevard and Morse Street. Later this year, the City Council plans to consider making the narrowed road permanent, in order to slow vehicles and create more safe space for cyclists and pedestrians.

Consultant firm Environmental Science Associates is working with the city to examine the impact such a change would have on traffic, parking, and other considerations. However, safety should be the primary consideration, as California is one of the most dangerous states for bicyclists.

California led the nation in cyclist traffic fatalities from 2010-2012

According to the Governor’s Highway Safety Association, California led the nation in cyclist traffic fatalities from 2010-2012, while also boasting a higher-than-average rate of commuters who bike to work. A report from the San Diego Union-Tribune in 2014 said about 1.2% of the state’s working population over 16 bikes to work, surpassing the total U.S. rate of 0.6%.

A study completed by the League of American Bicyclists in 2014 found that 40% of fatal accidents involving bicycles and vehicles were rear-end collisions, while only 2% of accidents were due to bicyclist error. Driver error remains the top contributing factor in fatal bicyclist accidents, but the spotlight on dangerous roads in Oceanside and elsewhere in San Diego County will hopefully reduce the number of collisions and fatalities. Unfortunately, improved road conditions are typically not proposed until an accident happens and a negligence lawsuit is filed.

Filing an insurance claim against the vehicle’s driver

In many vehicle-cyclist collisions, filing an insurance claim against the vehicle’s driver is only the first step in receiving the compensation that victims deserve. If dangerous road conditions contributed to the accident, a lawsuit against a city could be the only way to ensure a certain stretch of road doesn’t result in tragedy in the future.

Contact Bates Law if you've been involved in a bicycle-vehicle collision in San Diego

If you or someone you love has been involved in a bicycle-vehicle collision, it’s crucial to seek out the services of an experienced personal injury lawyer. At Bates Law, we are dedicated to protecting your rights and getting you the settlement you’re entitled to receive. Call us today for a free consultation at (619) 222-0900.