Fermin Duran Jr., 29, was killed in a Modesto car accident after his bicycle was struck by a car the night of February 4, 2010, the Modesto Bee reports. California Highway Patrol officials say Duran was stopped and on his bicycle, in the eastbound lane of West Service Road, when he was struck by a speeding GMC Suburban. The SUV, driven by 22-year-old Pedro Avalos, was unable to stop in time to avoid the collision. Avalos was not cited at the scene, but CHP officials say charges may be forthcoming.

My heart goes out to the family and friends of Fermin Duran Jr. for their tragic loss. Please keep them in your prayers.

Bicycle Accident Statistics

There were two fatalities and 69 injuries involving bicycle accidents in Modesto in 2007, according to CHP's Statewide Integrated Traffic Records System (SWITRS). In Stanislaus County as a whole, nine deaths and 160 injuries were reported as a result of bicycle accidents during the same year.

Speed Laws

Based on this news report, CHP officials say drugs or alcohol was not a factor in this fatal bicycle versus car accident. However, officials are saying that the maximum speed allowed on that roadway is 55 mph "under optimal conditions." On Thursday when the accident occurred, it was raining and the roadway was wet. The driver may be cited for going too fast given the dark and rainy conditions. CHP officials are saying that it is incumbent on drivers to operate at a speed that if they encounter something stationary on the roadway, they are able to maneuver and avoid it, especially in country roads.

California Vehicle Code Section 22350 (Basic Speed Law) states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic and on surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

Fault and Liability

If the CHP's investigation determines that Avalos was at-fault for this fatal accident, Duran's family may be able to seek compensation for his wrongful death. A wrongful death claim usually seeks compensation to cover funeral expenses, lost future earnings, loss of love and companionship, and other related damages. Duran's family would be well-advised to contact an experienced Modesto personal injury lawyer who will stay on top of the official investigation and make sure that their legal rights and best interests are protected.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

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