Category Archives: Bicycle Accident

The Ernst Law Group is investigating a fatal bicycle accident including an Amerifreight truck and a bicyclist that occurred at 7:20 am on June 25, 2021 in San Luis Obispo, California.

The collision occurred between Suburban Road and Higuera Street. The bicycle was trapped under the semi-truck resulting in the bicyclist’s death. 

The cause of the collision, at this point, is unknown. But The Ernst Law Group has been filing lawsuits against semi-trucks for more than 40 years and there are a few things that we are investigating with this incident.

The first factor is whether fatigue was a factor in the collision. Fatigue is a common factor in truck accidents as truck drivers are pressed to deliver their cargo faster and faster. There are strict regulations on truck driver rest and driver time. 

The second is whether or not the logbooks were up to date, and if the driver was operating at the normal hours that are regulated under the Federal Motor Safety Carrier Regulations (FMSCR). This is known as 49 CFR Parts 300-399. These are federal laws that mandate rules and truck driver regulations on semi-trucks to help keep pedestrians and vehicles safe. These regulations include allowed drive time, driving breaks, and more. 

The most important part of the FMSCR is part is drug testing. While we have no information at this time to support or claim the driver of the Amerifreight was under the influence of drugs, this is something that must be ruled out, especially with the truck causing the death of the bicyclist.

Drug and alcohol testing are required by part 382 of the FMSCR and are a mandatory part of any truck driver who holds a commercial driver’s license. 

We will be providing updates as our firm learns more from our ongoing investigation about this fatal bicycle accident. 

Commuting by bicycle is becoming more popular across the nation. While some people know exactly how to operate a bicycle safely, others don’t. Commuting means more than jumping on your bike and pedaling. It means that you’ve got to be hyper aware of the vehicles around you and practice prudent safety. If you are new to commuting or simply need a refresher, we’ve compiled a list of safety tips that should help you get where you are going in the same state you were in when you jumped on your bicycle.

1. Know the Danger Zone

Do you know what your biggest danger is while riding a bike? Car doors. It may be a bit surprising, but more cyclists are injured by running into suddenly opened car doors than anything else. When you are riding past vehicles, leave space enough between you and the line of cars so you won’t be struck if someone opens their door unexpectedly.

2. Turning Cars

Another common cause of injury is the turning vehicle. It’s not unusual for a vehicle to overtake a bicycle that is moving slower and then attempt to make a turn in front of the cyclist. Always look over your shoulders as you come to intersections, exit ramps, driveways and alleys.

3. Passing Pedestrians

If you have a need to pass a pedestrian, pass behind them. In other words, don’t cut them off. Use your words and let a pedestrian know that you are passing on the right or passing on the left. This will prevent any type of surprise on the part of the pedestrian’s part that has them jumping out of the way — directly into the path of your bike.

4. Exaggerate

When you are on your bike, don’t make little gestures. Now is not the time to be shy. Be big and be bold. If you plan on turning, use every part of your body to indicate that. Look over your shoulder, stand up on your pedals, turn with your body and use a hand signal. Do not keep your hands and arms close to your body while you are making signals. They could easily be missed.

5. Ride the Lane

You may think that you are safer riding on the curb, but you are often more safe riding in the lane if you are on a city street. It is your right to do so, and you might as well take it. Staying to the side of a quiet road is fine. When you are on a busy street, riding in with the cars is often safer for a bike rider.
You don’t want to be in an accident while you are commuting by bike. Use the safety tips above to stay as safe as you can. If your efforts fail you and you are involved in a bicycle accident in San Luis Obispo, reach out to our office. We can help you determine fault and, if applicable, help you secure the compensation you deserve.