Austin Cotton, 15, was seriously injured the night of July 16, 2010 in a San Francisco car accident after he was struck by a pickup truck while riding his bicycle across Highway 116. According to a news report in The Press Democrat, the driver of the truck, 21-year-old Rachel Huey, was driving east on the highway, close to Old Gravenstein Highway in Sebastopol, when she hit Cotton.

The teenager sustained severe head injuries and a broken arm and remains in critical condition. California Highway Patrol officials say based on preliminary investigation that Cotton was at fault for violating the driver's right of way. They also say Cotton was not wearing a helmet and was wearing ear phones, which possibly contributed to this major injury crash.

My heart goes out to young Austin Cotton and his family for what they are going through at this time. I hope Austin makes it through these critical injuries and makes a complete recovery. He and his family will certainly be in my thoughts and prayers.

Bicycle Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), 716 bicyclists died on the nation's roadways in 2008. Bicycle accident deaths represented 2 percent of all traffic accident deaths that year. About one-seventh of the cyclists killed were between the ages of 5 and 15. Also, in the 15 and under age category, 94 bicyclists were killed and 13,000 injured in the same year. This article is yet another reminder to all of us about the importance of wearing a helmet while riding a bike.

Laws and Liability Issues

Under California law, bicyclists are subject to the same traffic laws as drivers of other vehicles. California Vehicle Code Section 21200(a) states: "Every person riding a bicycle has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division."

In such cases, it is also important to look into whether a dangerous condition on the roadway caused or contributed to the accident. If that was the case, the city or governmental agency responsible for maintaining that roadway could be held liable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a governmental entity must be properly filed within 180 days of the accident or injury.

Injured victims and their families in such cases could seek compensation to cover medical expenses, lost wages, lost future earnings, cost of hospitalization, rehabilitation and even long-term dependent care. An experienced San Francisco personal injury lawyer will be able advise victims and their families about how to pursue their legal rights.

What are some of the precautions you would ask your child or teenager to take while riding their bikes?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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