A bicycle accident claimed the life of 12-year-old Burgess Hu of Discovery Bay. The tragic accident occurred in front of Excelsior Middle School on Byron Highway in Byron, California on Monday September 23, 2013, at approximately 7:45 a.m.
According to published reports, a GMC Yukon SUV that was being driven by an unidentified female was turning from the school onto Byron Highway when it struck Burgess Hu. California Highway Patrol Officials have indicated that Burgess was pronounced dead at the scene. At Matiasic Roth & Johnson LLP our thoughts and prayers are with Burgess Hu’s family in their time of grief and sadness.
California Highway Patrol Officials are still investigating the cause of this terrible bicycle accident. It has been reported that the driver of the SUV did not initially realize that she had struck the boy. A comprehensive bicycle accident investigation is needed to determine if the driver failed to see the boy because of inattentive driving, texting or talking on a cellphone.
Concerned members of the Byron and Excelsior Middle School communities have expressed outrage over this tragic bicycle accident. Community members have indicated that vehicles that are dropping off and picking up students in front of Excelsior Middle School frequently ignore traffic safety rules causing a dangerous condition of public property. According to anonymous sources, cutting in line, illegal U-turns and turning into exit streets are dangerous driver behaviors that are commonplace in front of Excelsior Middle School. These and other negligent driver behaviors put the safety of bicyclists and pedestrians at risk and must be stopped. A public entity may share some liability if they had notice of the dangerous condition at the school and failed to take appropriate measures to remedy it.
When cyclists are struck by cars or trucks the resulting injuries can be fatal or severe regardless of any safety precautions taken by the cyclist. Sadly, Burgess Hu was unable to survive this terrible accident despite the fact that he was wearing a bicycle helmet at the time of the collision. As this terrible accident demonstrates, a moment of driver negligence or inattention can cut short a young life and destroy a family in an instant.
At Matiasic Roth & Johnson LLP, our dedicated legal team is committed to helping victims of bicycle accidents and their families. We believe that negligent drivers should be held responsible for the heartache and pain they cause. If you or a loved one have been involved in a bicycle accident call Matiasic Roth & Johnson LLP today. One of our compassionate bicycle accident attorneys will provide you with a free consultation and help explain your rights.