A 7-year-old boy suffered serious head injuries in a Ventura bicycle accident that happened near the intersection of Calle Turquesa and Paseo la Perla the afternoon of May 30, 2009, the Ventura County Star reports. The boy apparently rode his bike from between two parked vehicles into the path of a car driven by 49-year-old Reina Linares who was traveling west on Calle Turquesa. Thousand Oaks police officials said Linares was unable to avoid hitting the child and his bicycle. The boy, who has not been identified yet, was taken to an area hospital. Linares was uninjured. Police also said that the boy was not wearing a helmet.
My heart goes out to the child and his family. I can only imagine their shock and the agony they must be going through at this point. I hope the little boy recovers soon and does not suffer any lasting condition or injury. Please keep him in your prayers.
According to the California Highway Patrol’s 2007 Statewide Integrated Traffic Reporting System, there were three fatalities and 261 personal injuries involving bicycle accidents in Ventura County. In Thousand Oaks, in 2007, there were reportedly no fatalities, but 48 injuries occurred involving bicycle accidents.
It is unfortunate that the child was not wearing a helmet while riding his bike. California law requires persons below the age of 18 to wear a helmet while operating a bicycle on the roadway. California Vehicle Code 21212 (a) states: “A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities.”
In this Newbury Park bicycle accident it is also important to investigate the role of the driver who collided with the bicycle. Did she have sufficient time to stop before hitting the child? Was she traveling too fast on what appears to be a residential street? Was she distracted or operating driving under the influence of alcohol? The parents of this child would be well advised to consult experienced California bicycle accident attorneys, who will be able to provide them with more information about their legal rights and options.
Skilled personal injury attorneys will also look into whether there was a dangerous condition on that Newbury Park roadway that might have caused or contributed to this bicycle accident. If that was the case, the governmental agency responsible for maintaining that roadway could be held liable. Any such claim against a governmental agency in California must be filed within six months of the car-bicycle accident. In these types of collisions, if negligence or wrongdoing was involved, the injured victims will be eligible to receive damages for medical expenses, long-term care, pain and suffering.