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Accused Driver in San Francisco Fatal Bike Accident to Stand Trial

By Kelly Balamuth on August 12, 2011

An Oakland man accused of hitting and killing a bicyclist with his car in a San Francisco neighborhood last summer was ordered to stand trial in the upcoming case.

As reported August 3 by the SF Examiner, the accident occurred on the night of August, 13, 2010, when 37-year-old Joshua Calder allegedly struck Nils Linke, 21, who was visiting the United States from Germany. Calder reportedly fled the scene. But after witnesses gave police a description of the vehicle (an older model Mercedes Benz) and incident, he was located approximately two blocks away. According to authorities, eye witnesses reported that they saw Calder get out of his driver’s seat, move Linke’s bike to the side of the street, and trade seats with his girlfriend prior to fleeing the accident scene. Shortly following his arrest, Calder posted the $500,000 bail.

During the preliminary hearing, which started on July 25, attorneys on both sides of the case acknowledged that Calder had been drinking prior to the accident, while the Assistant District Attorney Todd Barrett claimed the defendant had a blood alcohol level equivalent to seven alcoholic drinks, in addition to THC in his system from using marijuana. District Attorney Barrett also declared that Calder had been speeding before allegedly hitting Linke from behind.

San Francisco Superior Court Judge Newton Lam commanded Calder to stand trial on all of the allegations in court on September 1. Prosecutors said Calder pleaded not guilty to charges of drunken driving, hit-and-run, and vehicular manslaughter while intoxicated.

Bicyclists are incredibly vulnerable on the road, and it’s every driver’s solemn duty to always watch and act with their safety in mind. If you have lost a loved one in a bicycle accident due to dangerous or impaired driving, call 1-888-254-1234 for a free case consultation with the northern California wrongful death lawyers at Balamuth Harrington. We will help you hold negligent parties legally responsible for their wrongdoing.

Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

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