Parents of 3-Year-Old Killed in Bicycle Accident Sue City, Truck Companies
The parents of a 3-year-old girl who was killed in a bicycle accident have filed a lawsuit against the City of Chicago and two trucking companies. The parents contend that one of the trucks was illegally parked in a bike lane. Her daughter was riding with her when the accident occurred. They were squeezed between the illegally-parked vehicle and another semi-truck and the 3-year-old fell off the bicycle and was run over.
The lawsuit contends that the City of Chicago failed to enforce bike lane ordinances which directly resulted in one truck thinking it was okay to illegally park in a bike lane. The parents are hoping that their lawsuit will raise awareness concerning the City’s “deficient” enforcement of bike lane parking rules.
Analyzing the lawsuits
Lawsuits have been filed against the City of Chicago and the two companies that operated the trucks that struck and killed the 3-year-old girl. The first truck is being blamed for illegally parking in a bike lane while the second truck is being blamed for striking the plaintiff’s bicycle, failing to keep an accurate lookout, and general inattentiveness to others on the road. The City of Chicago is being blamed for failing to enforce no parking in bike lane rules. The driver of the parked truck was issued two tickets for illegal parking. The semi-truck driver was not issued any tickets for the accident.
The plaintiffs will contend that each of these parties contributed negligence to the death of their daughter. However, it can be very difficult to hold a government municipality liable for something they did not do. It is much easier to hold a government municipality for something that they did do. In this case, the plaintiffs will contend that the City of Chicago issued a permit for the illegally-parked truck driver without concern for where the truck would park. In other words, they simply didn’t consider the potential danger to cyclists if the truck parked in a bike lane.
Trucking companies can be sued for accidents in which they create road obstructions. In these cases, the trucking company would have a duty of care to ensure that the public was safe, not park illegally, and follow the rules of traffic. The semi-truck that struck the plaintiff may have a better defense to the allegations than the first illegally-parked truck. It remains unclear whether or not that truck contributed negligence to the accident, but the company has been named in the lawsuit.
Lawsuits involving road obstructions are generally rare. However, they are actionable in certain cases. In the case mentioned above, the illegally-parked truck was the proximate cause of the plaintiff having to maneuver around it. Ultimately, she was sideswiped by another truck and her daughter was killed in the ensuing accident.
Talk to a Champaign, IL Bicycle Accident Attorney Today
With over 30 years of trial experience, Patel Law, PC can help you recover damages in a bicycle accident lawsuit. Call our Champaign personal injury lawyers today to schedule a free consultation and learn more about how we can help.