San Diego Personal Injury Attorney Blog

SAN DIEGO - A 44-year-old cyclist was very tragically killed Friday afternoon when he was struck by a street sweeper, whose 77-year-old driver reportedly fell asleep at the wheel. The fatal car vs. bicycle accident was reported at 5:20 p.m. on Genesee Avenue at Lehrer Drive, on Friday, February 11, 2011. According to police, the cyclist, identified by the San Diego County Medical Examiner's Office as Suntat Peverley, was riding southbound on Genesee when the street sweeper, who was driving near the cyclist fell asleep and struck the rear of the bicycle. Peverley, who was wearing a helmet, was ejected from his bike onto the pavement and suffered a skull fracture and massive brain damage. He was rushed to a local trauma center, where he died Friday evening.

Cause of the Bicycle Accident

If news reports by the San Diego Union Tribune and Fox 5 are accurate, this crash was likely caused by the driver of the street sweeper, who police say fell asleep at the wheel. The incident remains under investigation by the San Diego Police Department Traffic Division. At this point, alcohol was not a factor in the collision. The cyclist was in the bike lane when he was struck, and likely could have done nothing to prevent this collision.

Wrongful Death Liability Issues

This accident raises a number of questions about the city's possible role in this accident. Street sweeping services are managed by the City of San Diego, which is one of the few cities of its size that still sweeps residential areas. Because the driver fell asleep fell asleep at the wheel at 4 o'clock in the afternoon, the hours worked by this 77-year-old street sweeper is a concern. Was he working more hours than he was capable? Given his age, was he even capable of operating a large vehicle like a street sweeper? Had the driver ever been involved in other accidents before?

After an accident such as this one, the family members of the victim may benefit from speaking to a San Diego bicycle accident attorney about the unique liability issues involved. An attorney who specializes in cycling accidents and who is also a cyclist himself will be able to offer unique perspective and understanding in the complex wrongful death liability issues arising from devastating accidents such as this one in Clairemont. It is important to note, in any incident where a government entity (such as a city) may be liable for the death of someone else, a claim must be filed within 180 days from the date of the accident. For that reason, and in the interest of preserving evidence, it would be advisable to speak with a lawyer as soon as possible.