The family of an Oakland man killed in a bicycling accident while speeding down a hill in Berkeley's Tilden Park has filed a negligence lawsuit against a well-known bicycling website, Strava. According to reports, William "Kim" Flint died after trying to keep his time record for racing down the hill. Flint was biking down the hill at about 40 miles per hour. He was fatally injured after he suddenly braked to avoid a car and flipped over.
If you or a loved one has been injured in a bicycle accident, its important to seek the advice of an experienced Sacramento bicycle attorney right away. If you have suffered serious personal injuries, it may be possible to recover damages for your harm. Typical bicycle injuries may include:
• head and neck injuries
• spinal cord injuries
• brain injuries
• broken bones
• road rash
In the event of a fatal accident, a surviving family member may be able to file a wrongful death lawsuit. Negligence and wrongful death suits are based on the legal concept that the careless or reckless conduct of anther person or entity lead to another person's harm, or in this instance, death.
Here, the family has filed a negligence claim against the Strava website based on its actions in encouraging bicyclists to bike too fast. The Strava company hosts virtual races and rewards winners who use a GPS system that track their own time and that of competitors. Flint died after he learned someone on the site had beat his time, and he went out to try to reclaim the title. However, Strava failed to inspect the courses or otherwise ensure that they are safe. A representative noted, "They assume no responsibility. They don't put cones out. They don't have anybody monitor and see whether a course, or a specific segment, is dangerous."
If Strava knows or should have known that the course was dangerous but failed to remove it from the site, they may be held liable.
Even if Flint is held partly responsible for his death, his family still may be able to recover damages for his injuries. California is a comparative law state, which means that an injured party (or in this instance the surviving family members) can recover damages for harm caused - even if they are partly to blame. The amount recovered would be reduced by percentage of the injured party's fault.
This bicycle accident is not the only high profile bicycle accident case linked to Strava. Strava has also been implicated in the recent Castro pedestrian death. According to sources, the cyclist who hit the pedestrian was tracking his time on Strava.
For more information about negligence or wrongful death lawsuits, or if you or a loved one has been injured in a Sacramento bicycle accident, contact the top Sacramento bike accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.