Oakland Bicyclist Killed When Struck By AC Transit Bus - May 19, 2010

Eric Fitzpatrick, a 35 year old resident of Oakland, was struck yesterday by an AC transit bus and killed. According to news reports, Mr. Fitzpatrick swerved to avoid an opening car door, struck the car door, bouncing off the door and in front of the bus, which ran him over. I recently wrote about Peter Webster, who was killed while riding his bike earlier this month, as well as the dangerous intersections in Oakland for bikers and pedestrians.

The bicyclist and the bus were traveling in the same direction, near the intersection of MacArthur Boulevard and Patterson Avenue, in Oakland.

According to a report on KTVU last night, the driver of the car opened her door right as Mr. Firzpatrick was approaching. He attempted to swerve around the door, and unfortunately was struck by the AC Transit bus. The matter has been referred to the Alameda County District Attorney's office to determine whether the woman will face any charges.

California Vehicle Code section 22517 provides that:

No person shall open the door of a vehicle on the side
available to moving traffic unless it is reasonably safe to do so and
can be done without interfering with the movement of such traffic,
nor shall any person leave a door open on the side of a vehicle
available to moving traffic for a period of time longer than
necessary to load or unload passengers.

Pete Clancy is a personal injury attorney in Oakland.