A bicyclist recently fatally injured a pedestrian in San Francisco who was using a crosswalk to cross a street. The cyclist claimed he did not break any laws and was too committed to stop or slow down. Both the rider and victim were hospitalized. The bicyclist was treated and released. The victim died four days later.
The rider posted his version of what happened leading up to and during the fatal collision online. He said the stoplight turned red as he rode through the intersection and, almost instantly, the oncoming crosswalk filled with pedestrians. The cyclist claimed in the post he couldn't see through the line of people and was unable to stop, so he plowed through the least congested area he could find.
Video surveillance of the accident reveals a somewhat different tale. A law enforcement source who watched the footage reports that the cyclist, at no point, shows any sign of slowing down. The video shows the rider squarely colliding with the victim. The source says there appeared to only be a few pedestrians in the crosswalk at the time of the accident.
]]> The film could not determine whether the rider, who is cooperating fully with the investigation, blew through the red light. Nevertheless, the fatality highlights the importance of obeying traffic safety and driving motorized and non-motorized vehicles defensively. The San Francisco Bicycle Coalition hosted a safety outreach gathering to remind cyclists about riding safely.When accidents involving pedestrians and bikes occur, injuries can be serious. An experienced personal injury advocate can help the injured party navigate the process and work towards compensation.
Source: San Francisco Chronicle, "Video of fatal S.F. crash may contradict bicyclist," Phillip Matier, April 11, 2012
]]>When police officers arrived at the scene - near Hayes and Fillmore Streets - they performed CPR on the victim and he was transported to San Francisco General Hospital. He was pronounced dead shortly thereafter.
Police are currently investigating the bus accident and the Muni driver involved in the crash has been placed on non-driving status. However, while fault in this particular case has yet to be established, it definitely illustrates the dangers pedestrians must deal with on a daily basis while walking San Francisco streets.
]]> Common Types of Bus AccidentsIn San Francisco, the most common types of bus accidents are:
If you have been injured in one of these kinds of accidents, an experienced attorney can investigate your accident and work to get you the compensation you deserve for your medical expenses.
Source: The SFExaminer, "Pedestrian hit my Muni bus dies at hospital," Ari Burack, March 25, 2012
]]>The National Highway Traffic Safety Administration says that nearly 3,000 vehicles are affected by the defective airbag propellant mixture. Several auto manufacturers have recalled vehicles because of the problem: Honda, Toyota, Nissan and Subaru, although Autoliv argues that the materials it provided to Nissan and Subaru were not defective.
Autoliv has supplied parts to numerous auto manufacturers, including General Motors, Ford, Chrysler, Daimler and Kia. A list of the company's customers was requested by NHTSA.
San Francisco Bay-area drivers are keenly aware of the dangers on the road, and they rely on their vehicles' safety features to protect them in case of an accident.
]]> In a crash powerful enough to cause the deployment of airbags, injuries can be much more serious if the airbags do not deploy. Severe injuries to vehicle occupants, or even death, could be the result of safety-equipment failure.Car accident injuries can range from broken bones and lacerations to spinal cord injuries and traumatic brain injuries. Months of rehabilitation, hospital stays, missed work and other difficulties may follow. A lifelong disability could also result.
Family members who lose a loved one in a wrongful death car accident suffer losses on many levels, including loss of companionship and loss of financial support.
The outcome of safety regulators' investigation into the airbags may help determine whether additional recalls, if any, need to be made.
Source: Reuters, "U.S. regulators probe Autoliv airbag components," Feb. 21, 2012
]]>Probably not coincidentally, the N-Judah carries the most passengers - about 38,000 commuters every day, according to SFBay.
The N-Judah line runs from Ocean Beach to the Caltrain station at Fourth Street and King. The route traverses crowded neighborhoods with congested traffic.
According to Muni statistics, in the past three fiscal years, the N-Judah line has logged a whopping 84 accidents, compared to the next highest line, the M-Ocean View, at 58 such mishaps in the same time period. Significantly lower, the safest line with only 26 accidents was the K-Ingleside.
The San Francisco Examiner says on an average of every 13 days there is an "accident or derailment" on the N-Judah light-rail line.
]]> On a positive note, in each of the past three fiscal years, the yearly number of accidents on the N-Judah line has declined (35, 27, 22), so perhaps something is taking things in the right direction. One possibility is that the introduction of an express bus route covering the same commute has relieved some of the congestion experienced by the N-Judah train.Many possible reasons exist for N-Judah accidents, from train-operator error to light-rail equipment failure. Drivers of other motor vehicles like trucks, buses, motorcycles and cars, as well as bike riders and pedestrians, may also be at fault.
Sources: The San Francisco Examiner, "N-Judah lurches to the top of the crash heap," Will Reisman
]]>According to Gascon, roughly one third of the accidents taking place in San Francisco involve drivers from other cities. Just as out-of-town drivers appear to be one of the causes for such a high number of accidents, there are other factors to examine as well. One of the leading factors is a larger number of bicyclists. According to Leah Shaum, the executive director of the San Francisco Bicycle Coalition, the number of bicyclists in San Francisco has increased 58 percent over the last four years. An increase in the number of bicyclists on the already crowded streets can only lead to an increase in the number of accidents.
]]> Moreover, bicyclists are not the only ones threatened by cars - according to Elizabeth Stampe, the executive director of the non-profit Walk San Francisco, roughly 800 pedestrians also get hit by cars each year.The laws of the road apply to drivers, bicyclists and pedestrians alike. Each party has their own part to play and each must be attentive when walking, riding or driving on the city streets. It is up to everyone to pay attention and obey the laws to help cut down on the number of accidents. All it takes is one person not paying attention or disobeying the rules to cause an accident that can lead to serious injury or even death.
]]>The San Francisco car accident occurred just past midnight on a recent Monday morning, when a van carrying two occupants failed to stop for a red light at the intersection of 10th and Howard and crashed into a sedan carrying six people. All eight suffered injuries and at least two were in critical condition. The sedan's passengers had to be extricated from the vehicle using the Jaws of Life. Both drivers were arrested on suspicion of drunk driving.
California drunk driver accidents are far too common. Every year, over 30,000 Californians are killed or injured in alcohol-related motor vehicle accidents. Perhaps the most tragic thing about these accidents is the fact that nearly all of them could have been prevented if the drunk driver had been responsible enough not to get behind the wheel.
]]> Often times, drunk driver accidents result in catastrophic injuries. Because the accidents are frequently caused by drivers who make unsafe lane changes, cross the center line or run red lights or stop signs, they are more likely to involve sudden impacts at dangerous speeds.The victims of drunk driver accidents do have recourse under California law. Victims can sue the drunk driver to recover costs such as medical bills, lost wages and pain and suffering. It is not necessary for the drunk driver to have been charged with DUI in order to win a lawsuit.
In some cases, the victims of a drunk driver accident may also be entitled to punitive damages. Punitive damages are not intended to compensate a victim for actual losses, rather, they are designed to punish the drunk driver and discourage future inappropriate behavior. Punitive damages can be up to ten times the amount of actual damages.
Source: San Francisco Chronicle, "8 Hurt in Alleged SF Double Drunken Driving Crash."
]]>To ease the transition and save lives, many states have turned to some form of graduated driver licensing. This multi-step approach leads drivers from a closely supervised permit stage to full privileges - after successfully meeting all state-mandated restrictions regarding supervised hours behind the wheel, night driving, cell phone use and passengers on board.
One of the strictest driving programs is found in California, which adopted graduated licensing in 1998 and strengthened its requirements in 2006. To achieve an unrestricted license, California teens must pass written and driving tests and a one-year provisional stage that bans late-night driving and passengers under age 20 without adult supervision. Avoiding suspensions and probation during the provisional stage allows teens to get a full license.
Now, however, examination of teen crash data is raising new questions on the effectiveness of this graduated approach, according to LATimes.com. The question is, are graduated licensing programs merely postponing accidents to the late-teen years? An examination of more than 131,000 fatal crashes involving teen drivers indicates that the answer is yes.
]]> Does Graduated Licensing Shift High-Risk Behavior to Late Teen Drivers?California's Department of Motor Vehicles Research and Development studied 21 years of fatal teen accident data - 1986 to 2007 - from all 50 states and the District of Columbia. During this period, some states used graduated licensing and others did not. After crunching the numbers, analysts revealed that states with the most restrictive licensing programs lowered the fatal crash rate among 16-year-old drivers by 26 percent as compared to states with unrestricted licensing. However, the restricted licensing states also showed a 12 percent jump in fatal crashes among 18-year-old drivers, compared with the unrestricted states.
Further analysis of the research data may lead states to alter programs and approaches to meet intended goals - saving lives on our roads and highways.
If you have been injured in an accident involving a teen driver, a reputable personal injury attorney can advise you of your rights and options.
]]>The cameras are designed to activate when a bus slams on the brakes or accelerates quickly - indicators that the driver may be handling the vehicle improperly. Despite this, Muni accidents are unfortunately still far from uncommon around San Francisco, including accidents that cause serious injuries and sometimes even death.
One such accident occurred in mid-September when a bike rider was hit by an 8X-Bayshore Express as she rode home from work. The cyclist was struck by the bus while trying to avoid a double-parked car as she went through the intersection of Columbus Avenue and Broadway. As she did this, she fell off of her bike and it was reported that the bus ran over her arm and drove away. The victim, whose arm was crushed in the accident, plans to sue the city for her injuries.
]]> "We just can't understand how an operator can literally run over somebody and not stop to check it out," the victim's attorney, Doug Saeltzer, told the San Francisco Examiner. "A professional driver should know if they hit someone."In another accident involving a Muni bus, a pedestrian was killed crossing the street at the intersection of Hartford and 18th Streets. The victim, who had almost made it to the curb when she was struck by a shuttle bus, died at the scene. Police say that the driver was not impaired when the accident occurred, and that he is cooperating with the investigation.
According to the San Francisco Examiner, the Municipal Transportation Agency has a fund of between $22 million and $23 million to pay for accident injury claims. In the last five years, Muni has paid almost $92 million to settle claims that resulted from accidents.
]]>According to Battalion Chief Charles Crane, at the time of the accident workers were pouring concrete on the roof of a building when their support structure failed, and caused the three workers to fall three stories down a stairwell. When firefighters arrived, they discovered the three workers covered in unhardened concrete.
There is currently an investigation as to the cause of the collapse, but a spokeswoman for the California Division of Occupational Health and Safety stated the Cal/Osha crews had twice visited the construction site in the last six months and didn't notice any problems.
Unfortunately, the one thing this accident shows is that serious injury can occur on construction sites even if they are monitored by safety agencies.
]]> Options for Injured WorkersWhen workers are injured on the job, they have a few remedies available to them - the first of which is workers' compensation. Workers' compensation is basically a safety net for employees that provide them benefits when they are injured while working.
A second remedy available to injured workers is that they may bring a claim against a third-party that may have caused their injuries. Generally, employees are barred under workers' compensation laws from suing their employer in tort, but that rule does not apply to third-parties who they have no employment relationship with - for example a subcontractor, delivery company or manufacturer. Thus, under California law an industrial employee injured in the course of employment retains the right to sue "any person other than the employer" for "damages proximately resulting" from their injury.
If you or a loved one has been injured while working on a construction site, contact an experience workers' compensation attorney to be advised of your rights and options.
Source: Condition Of One Construction Worker Injured In Dogpatch Accident Improves, Others Still "Serious"
]]>In 2000, the health-care and prevention watchdog completed a 15-year study on the issue. For the 239 deaths reported from 1979-1994, the CDC found that pit-bull-type dogs are linked to the most human fatalities. In more recent years (2006-2008), this popular, and often most abused, breed accounted for 59 percent of the fatal dog attacks on humans.
]]> Pit-bulls are not the only breed associated with attacks or fatalities. Rottweiliers, German shepherds, husky-type dogs, malamutes, Doberman Pinschers, Chows, Great Danes, and Saint Bernards, wolf hybrids and mixed breeds are at the top of the CDC list as well. The list does not eliminate any breed as having the potential for harming humans.Dog bites are a preventable health issue. Because family pets are involved in a great number of attacks, adults should consider the temperament and history of breeds before bringing a new canine pet home.
Community control issues are a bit more complicated. When encountering a stranger's or neighbor's dog, adults and children should always proceed with caution. Dogs that are agitated or uncomfortable give off warnings. Persistent barks, growls and even backing away are clear signs to avoid. Also, adults should be aware of leash and animal control-related laws, and report aggressive or roaming dogs to authorities.
Dog owners also should be aware that they play perhaps the most important part in the safety equation. Proper education, training, supervision and care of their dogs can reduce the likelihood of bites. The CDC's findings note that almost one-third of the dog-bite cases resulted from owned dogs roaming off their owner's property.
The human cost of dog bites cannot be measured when considering the human loss. However, experts report that the financial burden of dog attacks exceeds $1 billion per year. Still, many of these tragedies can be prevented through strict compliance with animal control laws, dog-owner education and heightened parental supervision.
If you or your child has been seriously injured in a dog attack, seek immediate medical attention and then contact a reputable personal injury attorney. Insurance companies often try to quickly resolve a dog-bite claim when the extent of the injuries is still unknown. Do not sign anything unless you have first consulted an experienced lawyer.
Source: abc2news.com, "Which dogs are most likely to kill humans?" June 6, 2011.
]]>The car accident took place in Dec. 2010, when the young woman was allegedly texting and speeding while driving her Honda through an intersection near Santa Rosa. The distracted teen driver struck a two-year-old toddler and her mother. The mom was able to survive the accident after spending more than four months in the hospital. Tragically, the child died.
]]> The accident shattered the lives of all people involved, underscoring the gravity of San Francisco's distracted-driving epidemic. While text messaging is a staple of a teen lifestyle, it's sad that a fatal accident is sometimes the only way young drivers can understand the life-changing consequences that may result from texting-while-driving.In California, it is illegal to text message while driving. It is also illegal for drivers to talk on a cell phone while driving, unless using a hands-free device such as Bluetooth technology. Regardless, many drivers - young and old - regularly disregard the law and engage in a forbidden form of distracted driving.
While distracted driving involves basically any behavior that averts a driver's attention from the road - such as talking on a phone, adjusting a radio or GPS device, or eating food - California has attempted to decrease distracted driving by the cell phone restrictions. An offense can cost the driver a fine of anywhere from $20 to $200, but, as evidenced by the Santa Rosa motor vehicle accident, the cost can be tremendously higher.
If you have been seriously injured in a car accident or pedestrian accident, contact an experienced personal injury attorney. A savvy motor vehicle accident lawyer knows how to uncover evidence of distracted driving and help shift the financial burden of a crash onto the shoulders of the party responsible, allowing you to focus on healing.
Source: kvtu.com, "Teen Driver in Alleged Fatal Texting Crash Back In Court" July 6, 2011.
]]>Contra Costa County, home to almost one million people, is considered part of the San Francisco metropolitan area. The county has almost 250 miles of bike lanes; however, the open roads are not necessarily a safe haven for county cyclists. According to California Highway Patrol (CHP) data reviewed by the area non-profit, The Bay Citizen, 23 bicyclists lost their lives on county roads from 2005 to 2009. During this same period, only nine cyclists were killed on the crowded urban streets of San Francisco.
]]> Using CHP data and Bike Accident Tracker mapping system, crash data indicates that there were 2,246 bicycle accidents in San Francisco and 1,416 in Contra Costa County during this five-year period. Contra Costa has fewer cyclists as compared to San Francisco, but from a statistical standpoint, 11 percent of the county's bike commuters were involved in crashes as compared to 4 percent of the City's.Cycling and cyclists present a unique challenge to roadway safety. In America, two bicyclist fatalities occur each day, and according to the National Safety Council, cyclist-related injuries and deaths cost the public about $4 billion dollars per year.
Cyclists risk more than just minor scrapes and bruises if hit by motor vehicles. Without the steel frame protection that cars, trucks, and SUVs provide, any bike crash can result in a cyclist-or a cyclist's passenger-being run over, receiving broken bones, getting a concussion, receiving brain injuries, or even dying.
If you or a loved one has been seriously injured or killed in a cycling accident, it is best to contact an experienced personal injury attorney to ensure that no stone is left unturned so you may obtain the full compensation you are entitled to.
Source: baycitizen.org, "Danger Lurks for Cyclists on Contra Costa County's Open Roads" June 2, 2011.
]]>The Bay Area has a particularly high propensity for motorcycle accidents, as a large number of bikers are on the roads battling traffic congestion, curvy coastal roads and motorists that fail to "see" motorcycles before turning into traffic. Few places offer a ride as scenic as the San Francisco Area, but few places present as much danger, either. Thankfully, the GHSA reported some good news to Bay bikers, too.
]]> California appears to have achieved a significant drop in motorcyclist fatalities in 2010 from the prior year. In the first six months of 2009, California had 201 deaths. In 2010, that number dropped to 166. While the decline is promising, keep in mind that this report only includes the first 6 months of 2010, and the data is preliminary.Regardless of improvement, the Bay Area still has too many motorcycle crashes, fatal and nonfatal. Drivers in cars, trucks and taxis continue to treat bikers as second-class motorists. Just days ago, a driver rear-ended a motorcyclist on Lombard Street. Rather than stopping, calling an ambulance and assisting the injured biker, the motorist continued driving for several blocks before stopping. This incident is emblematic of the treatment that many San Francisco motorcyclists endure daily.
Remember to ride safe and assume that other motorists don't see you out there on the road. If you or a loved one is seriously injured or killed in a crash, contact a Bay Area personal injury attorney who is experienced in litigating biker accident cases, so that you can hold the at-fault party responsible for all the expenses and damages resulting from the collision.
Sources: 1) GHSA.org, "Motorcyclist Traffic Fatalities by State," 2010 preliminary data. 2) SFAPPEAL.com, "Driver on Lombard Strikers Motorcyclist, Keeps Going With Accident Victim on Hood" May 26, 2011.
]]>In the past decade, 30,000 motor vehicles have collided with bicycles in the Bay Area. The bicycle accidents usually occur when a car driver fails to 'see' a cyclist and turns in front of the bicycle. However, a few recent San Francisco bike accidents have even been intentional, where an enraged motorist actually intends to cause harm to the cyclist.
]]> Fortunately, bicycling advocacy groups, legislators and law enforcement have stepped up to try making Bay Area cycling safer. Many depend on their bicycle for their daily commute or exercise, so it is essential that progressive safety measures are made. While much work much still be done, it is important that bike riders find time to simply enjoy the ride. Below is a list of cycling tours occurring during May in Northern California:While there is safety riding in numbers, not everyone can always ride in a pack, especially commuters. Please take special care and remain wary of careless motorists.
Source: bikeride.com, "Bicycling Events Calendar"
]]>Elder abuse is a pervasive problem in the Bay Area, with widespread occurrence in nursing or elder-care facilities. It refers to any intentional or negligent act by a caregiver or any other individual that causes harm or poses a serious risk of harm to a vulnerable adult. Elderly persons are typically individuals at least 60 years of age.
]]> Abuse or mistreatment need not be physical, although physical signs might be the most readily apparent. Common types of abuse include the following:Nursing homes are regulated and are mandated to have sufficient staffing. They are also required to perform background checks on all employees and to properly train and supervise their staffs to fulfill their obligation to provide safe and sanitary living conditions. A facility is liable for the actions or failures of its employees.
Lawsuits against caregivers include allegations of understaffing violations in licensed facilities as well as for the types of abuse outlined above. Individuals can be prosecuted for rape, assault and theft. Injuries and fatalities can be pursued in civil court against facilities as personal injury and wrongful death actions, with compensation for medical expenses, pain and suffering, losses due to theft or deception and loss of companionship if the resident died as a result.
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