A 22-year-old bicyclist was injured after being struck by a pickup truck last night in Carlsbad.
According to reports, the bicyclist was going east on the biker lane of Cannon Road at about 11:30pm when he was hit by the pickup.
The driver of the pickup stopped and cooperated with the police after the accident.
Alcohol or drugs were ruled out of the investigation and the driver was not cited before being let go.
However, charges may still be filed on a later date.
The bicyclist on the other hand was hospitalized after sustaining a head wound and a broken leg.
He should be able to make a personal injury claim or lawsuit against the pickup truck driver to take care of the medical expenses and future lost income since it looks like he will be missing a lot of work because of his the injury.
The liability in the accident mostly falls on the pickup driver since he struck the bicyclist in the bike lane.
He can however claim comparative negligence on the part of the bicycle driver.
One of the questions he must raise is if the bicyclist was wearing a helmet during the accident.
If not, then that could be used as basis for comparative negligence by claiming that the head injuries would not have happened if the bicyclist was wearing a helmet.
Both parties should consult an attorney to get their best legal option.
According to reports, the bicyclist was going east on the biker lane of Cannon Road at about 11:30pm when he was hit by the pickup.
The driver of the pickup stopped and cooperated with the police after the accident.
Alcohol or drugs were ruled out of the investigation and the driver was not cited before being let go.
However, charges may still be filed on a later date.
The bicyclist on the other hand was hospitalized after sustaining a head wound and a broken leg.
He should be able to make a personal injury claim or lawsuit against the pickup truck driver to take care of the medical expenses and future lost income since it looks like he will be missing a lot of work because of his the injury.
The liability in the accident mostly falls on the pickup driver since he struck the bicyclist in the bike lane.
He can however claim comparative negligence on the part of the bicycle driver.
One of the questions he must raise is if the bicyclist was wearing a helmet during the accident.
If not, then that could be used as basis for comparative negligence by claiming that the head injuries would not have happened if the bicyclist was wearing a helmet.
Both parties should consult an attorney to get their best legal option.
