Cyclist Struck at Crosswalk in Pittsburg, California
A car struck and killed cyclist in or near a crosswalk in Pittsburg, California, shortly before 11:30 pm on Friday, October 26, 2018. The driver of the car was traveling North on Kirker Pass Road toward downtown Pittsburg and, according to the Police at the scene, had a green light at Castlewood Drive and struck the cyclist who had entered the intersection in the crosswalk.
The cyclist suffered head trauma and was rushed John Muir Medical Center in Walnut Creek, where tragically he was pronounced dead. Police said that the driver attempted to swerve to avoid the cyclist and that there was no indication that impaired driving was a factor in the crash.
Who has the Right-of-Way in a Crosswalk?
Generally speaking, the pedestrian has the right-of-way when entering a road or intersection inside a designated crosswalk. But what if the drive has a green light? This gets a bit tricky as the law allows a driver to proceed through an intersection with a green light, but it also says that even under a green light, a driver must yield to a pedestrian within the crosswalk.
California Vehicle Code Sec. 21451 tells us that “A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign prohibits a U-turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.”
The key word is pedestrian, which means that the cyclist should be walking his or her bike through the intersection to be considered a pedestrian. From exising news sources, it’s not clear whether the cyclist in the accident on Kirker Pass Road was walking his bike.
When Should I get an Attorney?
Anytime you or a family member is injured in an accident – even if you feel it’s your fault – you should contact an attorney right away. The right attorney will know if you have a case and will provide you options which are in your best interest.
Bay Area Bicycle Law is the only personal injury law firm in northern California focused exclusively on representing cyclists. If you or a loved one was involved in a bicycle crash in Pittsburg or anywhere else in northern California, protect and preserve your rights. Contact us today for a free and confidential consultation.