In case you haven’t been following the San Francisco Bike Rampage case, last Wednesday night in the Mission and Potrero Districts, four San Francisco cyclists suffered serious personal injuries including broken bones, lacerations and internal injuries after a driver, now suspected to be Albany resident David Mark Clark, went on a “road rampage” in the City, intentionally hitting them as they rode on the public street. There were four bicyclists hit by Mr. Clark, in four separate incidents.
Witnesses said that Clark intentionally tried to hit the bicyclists. As a San Francisco bicycle accident attorney and an avid bike rider myself, I was outraged by the initial reports, but now I am even more outraged. After hitting the cyclists, the driver abandoned the car, including his wallet and cell phone, at the scene of the crime and fled on foot. Police were able to identify the owner of the car and went to his house in Albany, but no one was home, apparently. San Francisco and Albany police then put the residence under surveillance. On Friday, Mr. Clark turned himself in to the Albany Police, saying that he had been the victim of a carjacking on the evening of the attacks on the bicyclists and that he had not been driving at the time the bicyclists were hit.
While this possibly could have happened; Clark didn’t report the theft for two days and the bike attacks had been all over the news. Apparently the police did not buy the story either and arrested Clark after interviewing him. Police still don’t have any kind of motive for Clark’s actions and Clark is currently being held without bail in the San Francisco County psychiatric lockup.
I have been consulted by the family of the bicyclist who suffered the worst injuries and I am sad to report that, as a result of this motorist’s sociopathic behavior, our new client still remains in the intensive care unit in the hospital. His friends and family are trying to raise money on his behalf, and I have been advising them on many of the legal issues that have arisen after this incident. This bicycle rider’s life has been turned upside down permanently.
While the San Francisco District Attorney will be shooting for a felony conviction, where will this leave the survivors of the attack? While the Court may ultimately impose restitution upon the suspect, after he pleads out, I sincerely doubt whether any of the surviving bicyclists will be made whole financially. Also, who will be held accountable for the tremendous pain and suffering this person has caused these cyclists? And who will be made accountable for their lost income or future disability? Only the civil justice system actually seeks to make whole the survivors of this attack on San Francisco bicycle riders. And whether these bicycle attack victims are compensated depends mostly on the assets and available insurance of the attacker.
If you are one of the cyclists who has been injured in this incident, please remember to check your own auto insurance policy for uninsured motorist coverage, which covers you for a hit and run, or for underinsured motorist coverage which will pay if the driver had inadequate coverage to cover your losses. I will blog more on the insurance aspects of this potential claim in my next installment on this subject.
We are not yet officially representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article, and my initial meeting with one of the cyclists’ families. 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 here. Get a consultation. The best law firms will provide a free confidential consultation to “not at fault” persons like those named in this article and their family members. If you are a concerned San Francisco cyclist, and have questions about your rights, please feel free to call me and I will be happy to speak with you free of charge.
