San Francisco Injury Lawyer Blog

This week the Bay Area has been slammed by a series of storms that are sweeping across California. Here at the Brod Law Firm, we have been wondering how drivers and cyclists are coping out there in the rain and wind. On their own bicycling and driving are innately dangerous – if you combine those with a storm and roads full of traffic, you have a recipe for injury accidents. We have helped many clients who have been injured while driving in hazardous conditions, and we have simple advice for both cars drivers and cyclist when it is raining: Keep your speed down, keep your distance, and drive defensively. At the same time, however, since cars are bigger and faster than bicycles and can turn into deadly weapens during wet weather, we do have more specific tips for drivers on how to drive in the rain.

On rainy days, you should remember that even a light layer of moisture on the roadway can cause a vehicle to hydroplane. And if you find yourself hydroplaning don't stomp of the brakes. This could send you into a spin. It is better to ease off the brakes and into a spin. If you drive through a puddle, or a series of puddles, you should gently tap your brake pedal. It is probably a good idea to tap the brakes several times until they respond safely and adequately. Tapping the breaks helps squeeze out any accumulated water that has built up in your braking system .
It is also important for you to slow your vehicle to match the speed of the majority of other vehicles on the roadway and drive on the outside lane, if possible. If it hasn't rained for a while, you should be extra careful. A lot of oils are excreted on to and into the road surface from trucks, cars, vans and motorcycles. This oil builds up and becomes very greasy and slick when it rains. You should also make sure no one is driving too fast from behind; if you see someone much faster than you, lightly tap your brakes a few times as a signal that you are going slower. But remember, if you are going a lot slower than the majority of the traffic, you may be rear-ended by a careless or distraced driver.
You should always plan ahead and make sure you have plenty of time to get to your destination. Keep in mind road conditions and choose alternative routes so you don't need to rush around in the rain. If the rain is coming down hard while you are driving, and the road is not visible to you, you might need to pull over until the weather lightens up-- be sure you pull far enough off the road so others who continue to drive will not hit you. Leave your flashers on and every few minutes tap your brakes so others will see your taillights. And never forget: that even if you doeverything right, not everyone drives safely or pays attention.

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Car and Auto Accidents

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Here at the Brod Law Firm, we are big fans of Streetfilms.org, the video segment of the Livable Streets Initiative. Streetfilms produce short on-line videos, covering a range of topics from traffic calming in Paris to Sunday Streets in Bogata, also known as Ciclovia (an event after which San Francisco modeled its Sundaystreets). There is also video posted on Streetsblog that capture street confrontations, such as that between a New York City driver with a serious case of road rage and a pedicab simply trying to make his way through the congested city streets. We find all their videos entertaining and educational, giving us insight, while also keeping us in loop, into how our city compares to other cities in terms of the different ways a city can transform its streets into safe and sustainable places, for both vehicles and non-vehicles, as well as livable, vibrant places for social interaction.
The video on traffic calming in Paris we found especially interesting and inspiring. Some examples of their traffic calming strategies are: curbs are removed so that bikes, pedistrians and cars coexist; on the wider roads, bikes share lanes with buses and taxis; some crosswalks are raised, and cobblestone streets and neckdowns are implemented to slow oncomoing or turning traffic. Street calming is a powerful tool for changing behavior and improving safety, as it forces vehicles and cyclists and pedestrians to tolerate each other. And it is not just Paris, other cities, like Copenhagen, Demark, have been implemented extensive traffic calming techniques. Some cities go further to promote non-vehicle transportation, such as Curitiba, Brazil, where, on Rua XV de Novembro (15th of November Street), all vehicle traffic is blocked and only pedestrians are allowed.
Whenever we take on a new case where a cyclist or pedestrian has been injured by a vehicle, we are reminded that these accidents only reinforce San Francisco’s need for street transformation and street calming. In order for San Francisco to maintain a competitive edge in the global economy and its status as a world class city, it must implement, through education and marketing, strategies that place people over cars and reduce the convenience of driving a car. Advertising campaigns that show the burdens of owning a car in the city often outweigh the benefits can be an effective impetus for change. And we need not look to cities overseas for inspiration; cities here in the U.S., like Portland and Cincinnati, have done an excellent job developing and implementing techniques for traffic calming. If they can do it, then San Francisco can do it. These traffic calming techniques would not only benefit pedestrians and cyclists here in our beautiful city, they would also benefit the entire planet by reducing green house gas emissions.

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Pedestrian Accidents , Personal Injury

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Tomorrow San Francisco will be joining cities from 42 countries around the world to celebrate International Walk to School Day. International Walk to School Day aims to create safe routes for pedestrians and cyclists and to emphasize the importance of issues such as increasing physical activity among children, reducing traffic congestion and crime in neighborhoods, raising concern for the environment, and building connections between families and schools and the broader community. The biggest challenge facing any pedestrian safety campaign will be to re-educate a culture so centered around and dependent upon using their cars to transport them every place. The US department of Transportation reports:
• On average, 5,000 pedestrians are killed each year.
• 85,000 pedestrians are injured every year.
• In a typical 8-hour workday, 4-5 pedestrians are killed.
• 190 pedestrians are killed every two weeks.
• Everyday about 232 pedestrians are injured.
• Of pedestrians killed, 60 percent are working adults, 23 percent are elderly person aged 65 or older, and 17 percent are children up to the age of 20.
Ever since the introduction of freeways and the creation of zoning laws, Americans have been forced to center their lives around the automobile and automobile ownership. As a consequence, we have forgotten that we are all pedestrians at some point in the day. David Goldberg, an official of Transportation for America, says that “freeways literally have separated the suburbs from the city… and zoning codes separate homes from shops, shops from workplaces, workplaces from schools and schools from neighborhoods.” Here at the Brod Law Firm, we know it won’t be easy sensitizing drivers to the fact that pedestrians are legitimate road users or educating pedestrians on minimizing the risks to their safety, but campaigns such as Walk to School Day are a great way for communities, here and around the globe, to start moving toward their goals. According to Walkscore.com, San Francisco is the most walkable city in America. We may have the most walkable streets(i.e., the city is sectioned by neighborhoods that each have their own grocery stores, restaurants, movie theaters etc., and the entire city is small enough that you can walk from end to the other), but we have yet to prove if they are the most pedestrian friendly (i.e., pedestrians are often injured at dangerous intersections).

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Personal Injury

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Apropos my last blog, there are two other projects underway in the City of San Francisco that focus on the safety and well-being of both its residents and visitors. One project, adopted by the Board of Supervisors on February 6, 2006 and appropriately called Better Streets, is a joint effort by several city agencies to improve the design of San Francisco's streets and sidewalks and was. Since that time, Better Streets has created a collection of street types which are a great improvement over our current automobile-centered street scheme and focus on the appropriate use of land (i.e. residential, commercial and industrial), the efficiency of street width and the street's role in the transportation system. The highlights and benefits that stand out most to us here at the Brod Law Firm are the ones that focus on safety, though there are many others--such as its support of neighborliness, civic interaction , community identity, and the enhancement of the quality of life for San Francisco’s residents and local businesses—and they are:
• The Design of sidewalks and medians, pedestrian safety and accessibility features, ways to mange storm water in the right-of –way, design and placement of streetscape elements such as street trees, lighting ,benches, and more
• Decreased likelihood of pedestrian/auto collisions injuries and fatalities
• Increased accessibility for all street users, create settings that make it safe and easy to be physically active and enhance the everyday quality of life for San Francisco Residents.
• Increased Space for public life, including safe useable public seating for neighborhood gathering, generous curb extensions for seating and landscaping , reclaiming of excess street space for public use, space for outdoor café and restaurant seating and merchant displays.
• The Integration of pedestrians with transit and available transit rider amenities at key stops.
• Safe convenient pedestrian routes to transit mutual features that benefit pedestrian safety and comfort and transit operations such as bus bulb outs and boarding islands.
• The promotion of public safety, an ‘eyes on the street ‘ approach that will enhance residents sense of safety and security from crime and violence.

The other project called the Valencia Streetscape Improvements Project spans from 15th Street to 19th Street and is intended to provide a safer, more inviting environment for its users. Back in 2004, the Municipal Transportation Agency (MTA) secured an Environmental Justice Grant from Caltrans to develop a Pedestrian Safety Plan for Valencia Street. The MTA held four meeting in 2004-2005 in the community, whereby the community expressed a strong desire to widen the sidewalks along Valencia Street and improve the streetscape. Then in spring 2006, MTA Planning and the Department of Public Work’s (CPW) Great Streets Program teamed up to create a collaborative vision for all users of Valencia Street. Eventually the project secured funding through a multi-year federal transportation bill, two federal Transportation for Livable Communities (TLC) grants and local support. Last month the project began and will move block by block over the next nine months, during which time the Department of Public Works crews will: remove the striped center median, widen the sidewalk, add bulb-outs at some intersections and in the middle of some blocks, and add pedestrian scale lighting, art elements, bike racks (assuming the injunction mentioned in my last blog is lifted), and new street trees, widen Parking lanes to prevent dooring of bicyclists, and add curbside loading zones for trucks.
As we move into the future, a future concerned with global and environmental issues, we consider all these changes to our city’s streets—especially those concerned with safety-- critical not only for our city but for the all communities everywhere that want to create sustainable living environments . By redesigning our city around public transportation and creating walkable and bikeable streets, we can change our city into a safe, healthy, livable and affordable one, thereby providing an example to other cities here and around the globe interested in doing the same.

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Car and Auto Accidents , Motorcycle Accidents , Personal Injury , Wrongful Death

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Recently, friends from Europe stayed with me and my family. During their time here they spent their days touring San Francisco by bicycle. I asked them if they felt San Francisco was as bike friendly city as most European cities. They said that they felt drivers were really aware of bicyclists and looked out for them. But they felt that bus drivers were not very considerate, if not hostile, toward bicyclists. I explained how cyclists have fought hard, with the help of the San Francisco Bike Coalition (SFBC), educating motorists as well as buses on being both cautious and vigilant as they share the road with cyclists. At the same time, I also explained how some bicyclists seem to have less interest in following the vehicle rules of the road and believe that red lights and stop signs are meant only for motorists. My friends agreed with me when I pointed out that there is a victim attitude among some bicyclists who feel --because buses are bigger, and can kill bicyclist, and most streets are not designed for bikes-- that they are at a disadvantage on the road and should make their own rules. Bus drivers who encounter bicyclists with the victim attitude usually end up developing the same victim mentality and, as a consequence, ignore the safety of all cyclists. One might think there may never be a middle ground for bus drivers and bicyclists. Every story has at least two sides, though. The bottom line is this: If either bicyclists or bus drivers make their own rules on the road, that can, and usually does, lead to dangerous situations. But buses and bicyclists can coexist as long as bus drivers and motorists act professionally and bicyclists follow the rules of the road. Each year there are more bicyclists on the road, and everyone on the roads would follow the laws of the road, as well as use a little courtesy, our streets will be far less dangerous.
Since cyclists will be increasingly populating the roads and asking for more space in the years to come, we need, now, more than ever, the creation education campaigns that foster safety and respect among cyclists as well as bike network improvement projects that keep our city streets a safe place for all. There is good news. The SFBC has spent years planning and appearing at public hearings in an effort to get the city to implement improvements for cyclists and motorists on the road called the SF Bike Plan. This summer, 3 years after a lawsuit and injunction that barred any improvements and the city’s Bike Plan, the SFBC is celebrating their biggest victory: on June 26th, 2009 the San Francisco Municipal Transportation Agency voted to adopt their bicycle plan. Once the injunction is lifted, the vote gives a green light for 45 new bike lanes throughout the city. The plan also includes the implementation of on-street bike parking corrals, experimental colored pavement treatments and thousands of new bike racks. Another bit a good news for the SFBC is Mayor Gavin Newsom’s recent announcement that he will implementing a package of trial improvements to market street beginning September 29th, modeled on Projects for Public Spaces –which is in partnership San Francisco Great Streets Project and SFBC. As we collectively move forward during these planned changes, go safely and considerately out there, people!

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Car and Auto Accidents , Personal Injury

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May is approaching, and May is National Bike Month—a time for remembering that other people on the road are human beings. Staying aware of this fact can help us get where we’re going with more patience and less stress. This is a philosophy San Franciscans could benefit from as San Francisco strives to become a more bike and pedestrian friendly city. Here at the Brod Law Firm, we have dealt with many bike accident cases, cases usually involving drivers who at fault. Often the reason they are at fault is because they don’t have proper training or awareness driving or parking along city streets full of cyclists. While our community is waking up the fact that we must learn to coexist, we still have a way to go. Not only are bicyclists being injured in unnecessary numbers, but pedestrians are also being injuring at an increasingly alarming rate. For example, just last week, a man was dragged under a bus just after he stepped off of it. Logically speaking, if we became a community which was more bike friendly, it seems that we would also become a pedestrian and transit friendly city by default. If only we could follow the lead of Northern Europe, where children in such places as the Netherlands, Denmark and Germany all receive extensive training in safe and effective cycling techniques as part of their regular school curriculum—most of whom complete such a course before the fifth grade. Motorist training is in those countries is also more extensive as well. Heavy fines and points are placed a driver’s record for driving or parking in bike lanes, cutting off cyclists or otherwise endangering or inconveniencing them.

Thankfully, though, we have the San Francisco Bike Coalition, San Francisco’s de facto bicycling advocacy group. They have been instrumental in making riding conditions better for San Francisco bikers, drawing attention to pedestrian and cyclist safety and promoting the upsurge in bike friendly culture. They strive to show all of us on how to share the road. Their most important message is that motorists need to be aware of cyclists on the roadway and avoid endangering them, and vice versa. Portland, however, is the greatest example of what a bike and pedestrian friendly city in the United States should look like. One of the things they offer their community is a class called the Share The Road Safety Class. The class is a result of a partnership that began in 2006 when Multnomah county Judge, Christopher Larson, reached out to safety groups, such as Portland Police Bureau Traffic Division, the legacy Emanuel Trauma Nurses, Portland’s Bureau of Transportation, and other bicycle and pedestrian advocacy groups. All these groups have worked together to develop a training that addresses traffic laws, as well as inattention and intolerance on the road. It also puts special focus on ensuring the safety of cyclists, pedestrians and children. Most who participate in the class are there because they have been charged with a traffic violation. If participants successfully complete the Share the Road course, they are eligible for dismissal or a sentence of discharge, a conviction entered with no fine. Partners of the program hope that individuals will leave the class and share what they have learned with others at work and at home. With programs such as these in place, it is no wonder that Portland has zero cyclist fatalities, even as bicycle use is booming.

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents

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Early this week during a hearing at San Francisco City Hall, the Board of Supervisors Land Use Committee heard an update from city agencies regarding SF Bicycle projects, which could start in July-- once a Supreme Court injunction that has banned bicycle improvement projects is lifted. In 2006, a Supreme Court judge had blocked the implementation of projects until City Hall put in place a study that analyzed how each of the projects would affect things like traffic flow and parking availability. The study was demanded by a small group of citizens who believe the city should not take space from MUNI and cars in favor of bicycles. Some of the proposed bicycle improvements, 56 in total, consist of adding more bike lanes, which would extend the 45miles of bike lanes to 79 miles, and bike parking, setting up a bike-sharing program, permitting two-wheelers on MUNI’s light rail, and retiming certain traffic signals to benefit cyclists.
Bicycle advocates of the San Francisco Bike Coalition (SFBC), look forward to seeing the projects move ahead quickly, and that all, not just some, of the 56 projects, part of their biggest and most important campaign, are approved and completed. Leah Shahum, the executive director of the SFBC, says: “It has been nearly three years since the city has striped a new bike lane, installed a new bike rack, put up new signage.” Because more and more people are turning to bikes as an alternative to cars, these improvements are needed more than ever. Here at the Brod Law Firm, we also look forward to seeing these new projects implemented, and we are glad to see the SFBC has made such enormous strides garnering support from the city. We support any project that would diminish the risks cyclists face and the numbers of bicycle accidents on San Francisco streets. Along with providing safer conditions for bicycles, we would like to think such improvements might also produce harmony in the streets between cars and bicyclists.

Posted by Gregory J. Brod | Permalink | Email This Post

Posted In: Bicycle Accidents

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