San Diego News 10 reported that 44-year-old Grant Fisher of Escondido sustained serious injuries as a result of being hit by a car on January 19, 2012. The auto accident happened when Fisher was riding in the bike lane on Sorrento Valley Boulevard during his lunch. Police reported that 76-year-old Cecilia Cueva allegedly swerved to avoid a speeding truck behind her causing her to hit Fisher. He was pinned under the vehicle, Which caused severe burns and spinal injury. Fisher was taken to Scripps Memorial Hospital where doctors said he may never walk again and will be there for the next month or longer.
Applicable California Law
California Vehicle Code 21658(a) requires the driver of a vehicle driving on a road with divided lanes not to move from their lane until it is reasonably safe to do so. Although Cueva said she never saw Fisher prior to hitting him she will still be liable for his property damage and personal injury. This would include the repair or replacement of his bicycle as well as his medical expenses, lost earnings and earning capacity as well as compensation for pain and suffering. Since Fishers long term prognosis is doubtful with respect to his ability to walk again, the adequacy of Cueva’s insurance coverage and or other assets are of particular concern (see my prior Blog post on California Law On Uninsured/Underinsured Coverage)