James Steven Swarzman‚ 47‚ of Encino was struck and killed in a fatal Encinitas bicycle accident that occurred on April 10‚ 2011‚ around 1 a.m. near the intersection of North Coast Highway 101 and Jason Street. According to San Diego County Sheriff’s Deputy Yvan Rogers‚ Swarzman was travelling along with two other bicyclists when he was rear ended by a vehicle. According to the witnesses‚ the at-fault motorist was driving a blue Ford F-150 and fled from the scene after hitting Swarzman.
Swarzman was immediately airlifted to Mercy Air to Scripps Memorial Hospital for treatment where he was later pronounced dead. From the available facts‚ it is not exactly clear who bears the fault for causing this accident. Swarzman himself might bear some responsibility depending where in the road he was riding and under what circumstances. However‚ drivers are always required to be on the lookout for pedestrians and bicyclists using the road. At the very least‚ the negligent driver should have stopped and tried to help Swarzman. His recklessness and indifference not only led to the fatal accident that took Swarzman’s life but may have increased the likelihood of death by fleeing the scene.
Running from an accident scene cannot be ignored‚ both legally and morally. It is simply incomprehensible that someone would turn his back on such an incident and run away. Leaving the scene of a traffic accident is a serious violation under California law. California Vehicle Code 20001 (a) states: “The driver of a vehicle involved in an accident resulting in injury to a person‚ other than himself or herself‚ or in the death of a person shall immediately stop the vehicle at the scene of the accident.”
Swarzman’s family members should consult with an experienced bike accident attorney in San Diego to obtain compensation to pay for funeral and burial costs‚ loss of financial support‚ loss of love and companionship‚ and other accident related damages.
Our law office offers sincere condolences to all those who knew Swarzman for such a tragic loss.
Ross Jurewitz is an car accident lawyer serving Encinitas and the managing attorney of the Jurewitz Law Group‚ a California personal injury law office dedicated to representing families of people injured or killed in car accidents. If you or a loved one has been killed or injured in a traffic accident in Encinitas‚ please call our office and order your free copy of Mr. Jurewitz’s book‚ The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.
Ross Jurewitz is the founder and managing lawyer of the Jurewitz Law Group, a San Diego personal injury attorney law firm. These San Diego injury accident lawyers specialize in helping people seriously injured in a variety of accidents throughout San Diego County and California.
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