Hoffman family plans to sue for safer roads for cyclists
Daniel F. Hunt
Issue date: 11/2/01 Section: News
The Hoffman family settled with the Garcia family for $50,000, the full amount of an insurance policy. The then 17-year-old admitted to vehicular manslaughter, was put on probation for three years and sentenced to 100 hours of a juvenile work program.
But Rodriguez said that the city has a responsibility to protect citizens and that negligence and dangerous conditions of public property should not be allowed.
Since Hoffman's death, the city has made improvements to the road and posted signs warning of the low shoulder. But Rodriguez said that the shoulder was a danger all along and that the city knew about it.
"The city should be held accountable because the city knew that this was an area that was used on a regular basis by bicyclists," he said. "They had a duty to provide a safe passage. Maybe a large shoulder or a bike lane; neither of which did they do."
The claim filed stated that the city knew of the dangerous conditions and that the road "created a hidden hazard that in the absence of suitable warning devices, endangered bicycle riders" like Hoffman.
"It is foreseeable that vehicles would go off the roadway edge," Rodriguez said. "And here they didn't maintain it. There was a drop-off on the edge of the pavement that was a three-to-four inches drop-off. That's a significant drop-off."
Rodriguez said there are several previous lawsuits on such cases, including the Waski family of Bakersfield, who was severely injured after a head-on collision on Highway 46 near Lost Hills in 1999.
In the Hoffman case, the city of Bakersfield, the respondents, rejected the claim.
City Attorney Bart Thiltgen said that since the claim has been rejected, the family has six months to file a lawsuit.
Hoffman was a BC professor for more than 30 years, teaching health classes on campus. He was a veteran cyclist, winning multiple races and accolades. In 1994, Hoffman was diagnosed with primary sclerosing cholangitis, a fatal disease that attacks the liver.
Despite his ailment, Hoffman always looked to improve students' lives and to stay healthy.
His son said that Hoffman always had a positive outlook on life.
But Rodriguez said that the city has a responsibility to protect citizens and that negligence and dangerous conditions of public property should not be allowed.
Since Hoffman's death, the city has made improvements to the road and posted signs warning of the low shoulder. But Rodriguez said that the shoulder was a danger all along and that the city knew about it.
"The city should be held accountable because the city knew that this was an area that was used on a regular basis by bicyclists," he said. "They had a duty to provide a safe passage. Maybe a large shoulder or a bike lane; neither of which did they do."
The claim filed stated that the city knew of the dangerous conditions and that the road "created a hidden hazard that in the absence of suitable warning devices, endangered bicycle riders" like Hoffman.
"It is foreseeable that vehicles would go off the roadway edge," Rodriguez said. "And here they didn't maintain it. There was a drop-off on the edge of the pavement that was a three-to-four inches drop-off. That's a significant drop-off."
Rodriguez said there are several previous lawsuits on such cases, including the Waski family of Bakersfield, who was severely injured after a head-on collision on Highway 46 near Lost Hills in 1999.
In the Hoffman case, the city of Bakersfield, the respondents, rejected the claim.
City Attorney Bart Thiltgen said that since the claim has been rejected, the family has six months to file a lawsuit.
Hoffman was a BC professor for more than 30 years, teaching health classes on campus. He was a veteran cyclist, winning multiple races and accolades. In 1994, Hoffman was diagnosed with primary sclerosing cholangitis, a fatal disease that attacks the liver.
Despite his ailment, Hoffman always looked to improve students' lives and to stay healthy.
His son said that Hoffman always had a positive outlook on life.