When the warm summer weather comes back to the cities and towns of the country, more people are out enjoying the sunshine. This means, more bicycles will be on the pathways, sidewalks, and roadways and there is a higher chance of a collision with a vehicle. Has your loved one been involved in an accident in which they were killed by a vehicle while riding? Is it a wrongful death? It depends on how it happened.
Improper Turn By the Driver
One of the most common accidents that occur when a driver of a vehicle hits a bicycle is an improper turn by the vehicle's driver. This can happen at an intersection or onto a side street. The driver may not have been looking for any pedestrians or bicycles on the sidewalk or roadway before making their turn and entering their space, thereby causing a collision. This could be considered grounds for a wrongful death lawsuit if it can be proven that the driver didn't pay attention to pedestrians or cyclists before making their turn.
Swerving into Their Lane
Along busy streets and even sometimes on quiet side streets, some drivers will swerve into the path of a cyclist – most of the time this is unintentional, but it does show they weren't paying attention to what is happening at the side of the road and not looking for cyclists.
They could have sideswiped the cyclist causing an accident. If you can prove this is what happened and that the driver wasn't paying attention when they swerved into the cyclist's lane – either to avoid hitting another vehicle or perhaps they wanted to change lanes and came into contact with the cyclist causing their death, this could be a wrongful death suit.
Backing Out Onto the Street
One of the most common accidents involving children on bikes and vehicles is when a child is riding their bike and a driver backs out of their driveway, not looking behind them and hits the child. This can happen to any cyclist, however, and with the invention of modern-day collision avoidance technology in vehicles, this should cut down this type of accident. However, older models don't carry these cameras and sensors and it's up to the driver to ensure the way behind them is completely clear before backing up.
If this is what happened to your loved one, you could contact a wrongful death accident attorney and sue for wrongful death.