Modified: November 8, 2022

James Gordon Hit and Killed by Electric Bicycle – Who Has Duty of Care?

A devastating incident happened where a man suffered bicycle-related injuries after getting hit by an e-bike, leading to his death. Let’s explore the details of the news with Ehline Law and our personal injury attorneys.

Fatal Crash Involving E-bike Causes Life-threatening Injuries to Pedestrian Causing His Death

On August 31, 2022, a Sausalito resident, James Charles Gordon, 63, got into an accident near gate 6 road involving an electric bike, resulting in his death.

63-year-old Resident Hit by E-bike on Mill Valley Sausalito Pathway near Gate 6 Road

The 63-year-old, Gordon, was walking on Mill Valley-Sausalito Pathway in Sausalito when at around 8:40 PM, he got fatally struck by an e-bike. The Sausalito resident, Gordon, fell, hit his head, and lost consciousness.

When the local law enforcement authorities arrived at the accident scene near gate 6 road, they saw James Gordon on the pedestrian bicycle path unresponsive.

Police Report Confirms Serious Head Injuries Following the Accident on the Mill Valley Sausalito Pathway

According to the Marin County Sheriff’s Office official police report, the first responders immediately started providing James Gordon with first aid treatment, who regained consciousness. They moved him to a nearby area hospital for medical treatment.

The treatment continued for a few days, but the Sausalito resident succumbed to his life-threatening head injury and died at the hospital on September 6, 2022.

Investigation into the James Charles Gordon Mill Valley E-bike Accident Continues, Marin County Sheriff’s Office States

There is no information on whether the cyclist stayed at the accident scene. Investigators stated following the pedestrian accident that the walkway is only open for Class 1 and Class 2 electric bikes (e-bikes that travel under 20 mph).

The path is not open to class 3 e-bikes capable of traveling up to 28 mph, the fastest e-bikes in the United States that do not fall under the motorcycle category.

Marin police department is investigating further into the incident for more information regarding the accident.

California Is a Dangerous State for Pedestrians

California is the most populous state with many urban areas, heavy traffic, and the most number of motorcycles registered. The state poses a severe risk to pedestrians.

According to National Highway Traffic Safety Administration (NHTSA), 927 pedestrians died in California in 2019, the highest in the United States. The state is notorious for the most traffic accidents and crashes involving alcohol.

NHTSA reported 966 overall fatalities (including pedestrians) in accidents involving the driver’s blood alcohol concentration of over 0.08.

Pedestrian Accident Liability in California

For California residents, the climbing pedestrian fatalities are not surprising as it only reinforces the fact that the state is dangerous for pedestrians.

Fortunately, laws allow injured pedestrians to recover compensation in a pedestrian, motorcycle, or car accident.

Riders (including motorcyclists and e-bike riders) have a certain responsibility towards pedestrians; they have a duty to ensure reasonable care to everyone on the road, whether it is pedestrians, drivers, or other motorcyclists.

Failing to ensure reasonable care is a breach of their duty toward others on the road, and the driver may be liable if a breach causes injuries to a pedestrian.

Riders and pedestrians must equally be aware of their surroundings. Suppose a pedestrian doesn’t use a crosswalk and instead decides to cross the road.

On the other side is an e-bike rider who waits for the green light, and when it happens, he runs over the pedestrian. In such cases, the rider still has a duty not to hit the pedestrian and will be liable for their actions.

However, the pedestrian also must ensure reasonable care on the road toward others. If a rider hits a pedestrian because they unexpectedly stepped off the curb, the pedestrian may be responsible for the accident.

In the case of “James Gordon hit and killed by electric bicycle,” there are a few things that require investigation to help determine fault, such as:

  • Was the electric bicycle rider riding a Class 3 e-bike?
  • Did James Charles Gordon unexpectedly come into the e-bike rider’s path?
  • Did ample lighting ensure clear visibility for James Charles Gordon and the rider?

Whether it is an auto accident, e-bike accident, or any other type of accident, an experienced accident lawyer can help investigate the incident, gather evidence to prove the fault of the negligent party, and help you recover the compensation you deserve.

If you suffered injuries or lost someone in an accident that was someone else’s fault, contact us at (833) LETS-SUE for a free consultation on your case, as you may qualify for compensation.

Our accident attorney will help investigate your claim, gather evidence (including a free police report), and fight for the compensation you deserve.

Top Notch American Injury Lawyer, Michael Ehline

Michael Ehline

Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.

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