Successful Bicycle Case Result

 

 Rex S. v. Heitz, EC052520

 

Mr. S was safely riding his bike in the street with traffic. His destination, a super-market, was on the opposite side of the street, a few blocks away. Mr. S crossed the street and was planning to ride the last couple of blocks on the sidewalk and against traffic. He came to a complete stop at a freeway off-ramp, where cars were stopped with the intention of turning right into the flow of traffic. Mr. S made the decision to cross the off-ramp in front of the waiting cars. He attempted to make eye contact with the driver of the front car, but she never looked to her right. When he was directly in front of her car, the drive hit the gas, colliding into Mr. S.

The police determined that Mr. S was 100% at fault. Mr. S hired Imad Elias of the Law Offices of Mann & Elias to represent him. Mr. Elias successfully argued that while Mr. S was partially at fault for going against traffic, the driver of the car was equally at fault for accelerating her car without looking forward. Had she simply looked straight before hitting the gas, she would have seen Mr. S. If Mr. S had been walking or on a skateboard, the driver would have hit him anyway so it didn’t make any difference that he happened to be on a bike.

 

The case settled for a confidential sum.