Last week, we shared a post about a fatal pedestrian accident involving a bicyclist and an elderly victim who died while crossing a San Francisco crosswalk. That bicyclist at least faces a criminal homicide charge, and it is possible that he will become the target of a wrongful death lawsuit as well.
A wrongful death case that is in the works, according to ABC News Radio, relates to last week's accident. A family is suing a website that brings together bicycling enthusiasts. Part of the site provides the opportunity for cyclists in certain areas to mark their riding times, and the family argues that that aspect of the site inspired their loved one to ride recklessly. He died in a bicycle accident in 2010.
How does the family's negligence lawsuit against the website involve the pedestrian accident we discussed last week? The cyclist who crashed into and killed the elderly walker reportedly was a member of the same website that the family is suing. When he caused the recent crash, he was tracking his speed and riding time on the defendant site.
The 2010 bike accident that fuels the family's negligence lawsuit happened when the rider was trying to beat the fastest riding time at a given path. Riders compete to become "King of Mountain" in given routes. After reportedly reaching a speed that was 10 miles over the posted speed limit, the biker needed to stop in front of a car but couldn't brake in time. He was thrown from his bike and died from his injuries.
It is true that no tangible entity crashed into the now deceased bicyclist, but his family doesn't believe that means the accident doesn't involve a negligent party besides the rider himself. They understand that he knowingly and willingly engaged in risky behavior, but they also suggest that the website encourages that risky behavior and doesn't take enough precaution to warn riders of dangers on certain routes.
The lawsuit could be a long shot because of certain legal protections that the website has in place regarding its users and the risks that they assume. We will post an update when there is a development with this story.
Source: ABC News Radio, "Negligence Suit Filed Against Cycling Website over Accidental Death," June 19, 2012