San Francisco Injury Lawyer Blog

Bicycling is a terrific commuting option. It is environmentally friendly, cost-conscious, and provides a terrific fitness benefit. Our San Francisco bicycle accident attorney encourages more Californians to use cycling as a part of their regular commute. However, as a focused personal injury law firm for San Francisco and other Northern California regions, we know that bicycle accidents are a real concern for area cyclists.

One such accident was reported by The San Francisco Chronicle this week. The injured victim, a thirty-nine year old cyclist, was riding on Clement Street, travelling eastbound in the Richmond District of San Francisco just before five P.M. on Tuesday January 31. The rider was struck by a United States Postal Service Truck that was proceeding northbound on 18th Avenue at the time of the crash. A police spokesman noted that the rider was not wearing a helmet, suffered minor head trauma in the accident (earlier police reports suggesting a life-threatening injury have been altered) and was treated at San Francisco General Hospital. According to preliminary investigations, the cyclist had the right of way at the time of the collision and the postal worker failed to come to a full stop prior to entering the intersection.

According to the California Department of Motor Vehicles, over one hundred people are killed in cycling accidents annually in our state, with injured cyclists numbering in the thousands. Drivers should remember to take particular caution when sharing the roadways with bicyclers, but cyclists must also exercise caution when travelling. Bicycles are required to follow all the same rules of the road that govern motor vehicles including stopping for red lights and obeying other traffic signs. Bicycle riders should opt for visible garments, especially if travelling in low-lit conditions. Helmets should be a part of every cyclist’s uniform. Although California law only mandates helmet-wearing for riders under age eighteen, cyclists of all ages should make wearing a well-fitting helmet a standard part of their riding routine.

While we urge bicyclists to exercise caution, we do want accident victims to know that perfection is not a requirement for legal action. It would certainly have been preferable for the victim in Tuesday’s crash to have worn a helmet and this precaution may have limited (or even eliminated entirely) the rider’s injuries. However, the decision to go without a helmet does not mean the rider has no legal claim should the results of the preliminary investigation be sustained and the conclusion that the mail truck driver failed to stop completely be upheld. Instead of barring coverage, the rider’s own fault will be factored into the amount of a legal recovery. For example, a court might conclude the accident and resulting injury was seventy-five percent attributable to the driver’s failure to yield and twenty-five percent due to the failure of the cyclist to wear protective apparel. If the same court found the damages from the accident would normally amount to a verdict of $20,000, the court would discount this amount to account for the cyclist’s own actions and award $15,000 instead. Like other injury matters, legal claims regarding bicycle accidents often settle out of court but this principle will also apply in settlement negotiations.

If you have been injured in a bicycle accident in Northern California, our San Francisco bicycle crash lawyer is here to help. Call to talk with our team and schedule a free consultation to discuss how we can help you protect your legal rights and obtain compensation for your injuries.

See Related Blog Posts:
Cyclist Suffers Life-Threatening Injuries After Being Struck By San Francisco Taxi
How San Francisco Can Make Its Streets Safer For Cyclists

As a San Francisco personal injury law firm, the team at The Brod Law Firm knows that it is vital for all individuals who travel on our roadways to exercise care and obey the law. We have experience as attorneys in San Francisco bicycle accidents and we know the importance of safety on two wheels as well as four. We represent bicyclists harmed by automobiles and believe in helping riders recover when they are harmed by a careless driver and helping families recover when the cyclist’s life is lost in the collision. However, a recent story in The San Francisco Chronicle reminds us that bicycle riders also have a duty to obey the law when they ride and that the failure to take care while cycling can have dire consequences.

On July 15, sixty-eight year old Dionette Cherney was crossing Mission Street. She was in the crosswalk, along with her husband, when she was struck by Randolph Ang who was riding his bicycle north on the Embarcadero. Cherney suffered head wounds and died in the hospital a few weeks later. Ang faces misdemeanor vehicular manslaughter charges pursuant to allegations that he ran a red light, causing the crash. Although the prosecutors do not believe Ang intended harm and have not suggested he acted with gross negligence, the district attorney’s office felt it was important to prosecute Ang for failing to obey traffic laws and to remind the community that bicyclists are not immune from legal obligation.

In California, as in most areas, bicycle riders are subject to all the rules and regulations that apply to automobile drivers. This includes the duty to obey traffic signals and the laws regarding driving under the influence of alcohol or drugs. Bicycles should be ridden in bicycle lanes where available. Otherwise, with limited exceptions involving single-direction traffic and cyclists preparing for a left turn, bicycles travelling below the speed of automobile traffic should remain toward the rightmost side of the roadway. Cyclists are required to yield to pedestrians in crosswalks. Helmet use is mandatory for bicyclists under age 18 and strongly recommended for all riders.

There are many resources available for Californians interested in bicycling for both transportation as well as fitness. Bike Safe California (http://bikesafecalifornia.org/) is a great place to start if you are interested in learning about safe cycling. The organization provides safety information, details on classes for cyclists, and links to other resources for California bicycle riders. As always, we believe that preventing accidents is better than trying to recover after one occurs.

We have represented many individuals involved in Northern California bicycle accidents. Often, we represent a cyclist harmed by the negligence of an automobile driver who failed to show proper care for others on the road. We also recognize that bicycles themselves can cause harm when the cyclist fails to follow the law and to ride with caution. While the criminal courts can punish offenders, we act as civil attorneys for San Francisco accident victims and help them recover for their losses. If you or a loved one has been harmed in a vehicle accident, please call for a free consultation. We can help.

See Related Blog Posts:
Cyclist Suffers Life-Threatening Injuries After Being Struck By San Franscisco Taxi
How San Francisco Can Make Its Streets Safer For Cyclists

Yesterday, a 22-year-old bicyclist suffered life-threatening injuries when he was hit by a taxi that ran a red light in the Mission District. While the cyclist was crossing at Cesar Chavez and Guerrero streets just before 2 a.m. Sunday, a 56-year-old driver of a Yellow Town Taxi heading east on Cesar Chavez ran a red light and struck the him with his Ford Escape Taxi. The bicyclist was not wearing a helmet and was taken to San Francisco General Hospital with life-threatening head injuries. According to a report, the cyclist was laying face down and bleeding badly from the mouth, and many people rushed to his aid. The paramedics were also quick to respond.

This accident is yet another reminder that San Francisco taxi drivers are some of the most negligent drivers on the planet. Taxis are often seen speeding, challenging traffic signals, failing to stop at stop signs, and changing lanes or pulling away from the curb without looking at the road. Therefore, there is a high probability that a taxi will hit a bicyclist at some point. Cyclists are most likely to be injured in an intersection because negligent or impatient taxi drivers are notorious for running lights. Also, taxis often sideswipe cyclists when they change lanes without looking. Many times a cyclist injured by a taxi will have substantial damages from medical bills and lost wages, and, usually any attempt to collect damages from the taxi driver are futile because drivers usually don’t have a lot of money. For that reason, it becomes necessary to recover damages from the company that provided the cab.

Each taxi-bicyclist case presents its own special set of challenges, all of which our firm has the experience and expertise to handle. We are committed to working hard for our clients, whether that be in mediation, arbitration or trial. If you or a loved one suffered painful injuries and/or a permanent disability, you will need fair compensation and a competent injury accident attorney to reprsent you. Our firm represents residents throughout the Bay Area, including visitors to the area and has been helping injured bicyclists and pedestrians in the San Francisco Bay Area for more than 10 years. If you were injured or a family member was killed in by taxi driver negligence, contact us for a free no-obligation consultation. We handle all taxi injury cases on a contingent fee basis, which means you pay no attorney's fees unless we are successful in achieving a financial recovery in your case

The San Francisco wrongful death lawyers at our firm understand that no accidents are tougher on area families than those that take the life of a loved one. All losses are difficult, but there is something especially tragic about those deaths that are caused by the negligence of another. Far too frequently that misconduct involves improper driving on our area roadways. Deaths in traffic accidents remain one of the most common forms of fatal accidents. “Accidental” is a bit of misnomer, as most of these crashes can be traced back to unsafe and sometimes reckless conduct on the part of someone involved in the crash.

For example, CBS San Francisco reported last week on a tragic San Francisco bicycle accident that took the life of a local man. Fifty-seven year old Robert Eugene White of Ryde was killed on state Highway 113 when his bike was hit from behind on Sunday afternoon. Officials are still conducting investigations to figure out exactly what happened. However, as it now stands, investigators believe that the man was riding his bicycle northbound on the highway around two in the afternoon in an unincorporated part of Solano County. While peddling on the edge of the road a car driven by a twenty-one year old young man came up behind him. Authorities believe that the driver began to pass the bicyclist, but for reasons still undetermined, he swerved and actually hit Mr. White. As most would expect, Mr. White was thrown from his bike by the impact. He ultimately landed on the windshield of the car that hit him before ending up on the shoulder of the road. Unfortunately, as often happens when a bicyclist is hit by a speeding car, the man’s injuries were quite severe and he did not survive the collision.

It is tragic to hear about these preventable accidents. Sadly, events just like this occur all the time on roadways inside and outside the city. Many car and truck drivers fail to understand that they must share the road with cyclists. As a result, many bike riders fall victim just like the man in this latest accident. When this occurs, it is almost always a clear case of negligence. No driver who abides by reasonable standards of care when behind the wheel would hit a bicyclist while trying to pass him. The civil law is clear when it comes to sorting out liability in many of these accidents. Those who are harmed are able to hold the wrongdoer liable any time that wrongdoer owed a duty, breached that duty, and caused injury. All drivers owe a duty to fellow travelers, and that duty is breached causing injury when their vehicle strikes another.

Continue reading "Dixon Wrongful Death Caused By Medication Error" »

For those of you who do not get around by bicycle, you may not know that the door zone, the space in a bike lane between the cyclist and a parallel parked car, is one of the biggest threats to bicyclists in San Francisco. According to the San Francisco Municipal Transportation Agency (SFMTA), dooring is the second most common form of injury collision involving cyclists, behind unsafe speed, though the San Francisco Bicycle Coalition contends that dooring is the highest injury collision type caused by motorists or their passengers. The good new is the San Francisco Municipal Transportation agency is piloting a series of projects designed to encourage bicyclists to steer clear of the door zone. On sections of Polk Street, for example, the SFMTA has painted a batch of T’s in the bike lanes that are supposed to guide bicyclists away from the door zone. The design proves to be an improvement over the standard bike lanes, yet it does, at the same time, underscore the fact that there is not much space available for cyclists to ride safely. Research shows that bicyclists are only given a very narrow area of a space in a bike lane when a car door opens, about one to two feet wide, depending on the width of the lane and size of the car door.

The SFMTA is also trying out this T style cross-hatch design on 17th Street between Dolores and Guerrero streets, and they have installed the T design in the bike lanes on Howard Street between 5th and 7th. The T design is becoming more and more cities across the country and is a feature that is highlighted in the Urban Bikeway Design Guide put out by the National Association of City Transportation Officials (NACTO). The SFMTA has done before/after studies on both Polk and Howard where they were able to reduce the number of cyclists riding in the door zone. In a 2006 study in Howard Street, the average distance from the curb where cyclists rode increased from 10.3 feet to 10.9 feet, with 24% riding in the door zone before and 10% after. In a 2009-10 study on Polk Street, the average distance from the curb where cyclists rode increased from 10 feet to 10.4 feet, with 41% riding in the door zone before and 30% after.

The SFMTA says the T installations have been effective so far. They are also considering implementing left side bike lanes. Left-side bike lanes are conventional bike lanes placed on the left side of one-way streets or two-way median divided streets. They offer advantages along streets with heavy delivery or transit use, frequent parking turnover on the right side, or other potential conflicts that could be associated with right-side bicycle lanes. The left side bike lane benefits are:
• Avoids potential right-side bike lane conflicts on streets,
• improves bicyclist visibility by motorists by having the bike lanes on the driver’s side,
• provides consistent facility configuration in locations where right-side travel lanes are subject to rush hour parking restrictions and other flexible uses,
• minimizes door zone conflicts next to parking because of fewer door opening on the passenger side of vehicles,
• fewer bus and truck conflicts as most bus stops and loading zones are on the right side of the street.
If Bike lanes are to provide a measure of safety, then they must provide minimum safe distance from cyclists. This world is changing, and as more people become conscious of the environment, interested in sustainable living, and turn to public transportation and bicycling, then society and governments must move along with those changes. Consequently, as this happens, it is imperative that urban planning designs evolve to include safer routes for cyclists.

Continue reading "How San Francisco Can Make Its Streets Safer For Cyclists" »

Nancy Ho, a 25-year-old cyclist was struck by a food delivery truck in downtown San Francisco on Tuesday. The truck was heading west on Mission, and s much as I would not like to say the next part, it must be said: the cyclist made an illegal left turn onto Fremont in front of the truck and was not wearing a helmet. Consequently, sadly and unfortunately, she died yesterday, as reported by sfweekly. Maybe this young cyclist didn’t know that she was making an illegal turn until it was too late. Maybe she did know. But this is not the time or place to make contentious arguments in either direction. We will never know what she was thinking. Either way it is simply tragic, and sometimes and accident is just accident. However, this incident does underscore the importance of keeping safe out there on San Francisco’s bustling streets, whether you are driving, walking, or cycling, and that is a point we cannot stress that enough. (For information on bike safety and road rules, see our former post-- San Francisco Bike Attorney: Bike Accidents with Cars or Trucks)
Cyclists must remember that their lives are at stake once they start pedaling. Every moment counts out there. Wearing a helmet, cycling defensively and not taking any chances by assuming that drivers are looking out for you is a great way to stay safe and a great way to stack the deck your favor. Also, knowing your bike route before you hit you road could save your life. Our friends over at the San Francisco Bicycle Coalition, folks who work hard campaigning for a complete system of safe bikeways to be built throughout San Francisco, offer free workshops on how to ride your bike safely, confidently, and respectfully. We encourage both novice and experienced cyclists alike to sit in on these classes --from which the former can learn something new and the latter can pull information they may have forgotten or never knew. With all the recent bike and pedestrian accidents, we feel the need to share some other general safety tips for cyclists:
Be extremely aware of traffic around you and be prepared to brake in an instant.
Yield to all pedestrians (this is not just a tip—it is the law).
Use extreme caution when cycling past park cars, as driver may not see you when the open the door or when pulling out of the space.
Stay out of a driver’s blind spot and make sure you are noticed as much as possible.
Avoid traveling alongside cars when moving thru intersections, as they might turn into you without signaling.

Continue reading "A Young Cyclist Tragically Dies After Being Hit in San Francisco" »

Last week a pedestrian was struck while jogging through an intersection at Masonic and Grove. She survived the accident, but the driver managed to break her leg as he slammed into her after running a red light. The accident is one of several that have occurred on Masonic recently. As a result, the San Francisco Municipal Transportation Agency has installed a number of traffic calming measures on Masonic over the past nine months, and additional steps are supposed to be implemented over the next few months. Some of the steps include re-striping badly faded travel lanes, painting directions for motorists to merge where a number of lanes on Masonic change, and painting 25mph on the street surfaces. The MTA has also proposed removing parking spaces and installing separated bike lanes, bike lanes that would be from either a raised curb or soft-hit posts. In addition to all of that, North of the Panhandle Neighborhood Association has officially endorsed, along with the SF Bike Coalition and the community grout Fix Masonic, the Boulevard Option for Masonic avenue, which proposes to turn Masonic Avenue into beautiful tree-lined, safe boulevard. The project would plant 200 trees along the boulevard, improve the sidewalks, paint bike lanes green, and create bulb-outs to allow safer and easier crossing at intersections for pedestrians.

These changes are much needed on Masonic, as the current layout of the street and the many vehicles that travel at high speeds make it frightening for pedestrians and cyclists. Because Masonic is flat and moves north to south between height and the Presidio, it is a main thoroughfare for many pedestrians and cyclists, all of whom should not have to worry about becoming another statistic. But that the worrying will be over soon, and we can all thank the consorted efforts of the San Francisco Bicycle Coalition and Fix Masonic for pushing the SF Municipal Transportation Agency to move ahead with plans aimed at calming one of the busiest and most dangerous streets in San Francisco. If you have suffered an injury while biking or walking in San Francisco, please contact our firm. We have over 10 years experience successfully settling claims for cyclists and pedestrians.

Police in San Francisco have a new entity, a type of watchdog/public eye, to contend with: The Bike Accident Tracker App. According to baycitizen.org—the creators of the app-- police will write an accident report only if an ambulance is called. As you can imagine, a lot of reports go unwritten because many victims don’t have health insurance and can't afford a trip in an ambulance. Some injured victims will resort to picking themselves off the pavement, getting the driver’s information themselves, and finding their own way to the emergency room. Then they will go to a police station to file a report, at which point the police may not write one and will only give a case number. In order to get a full picture of bike collisions, baycitizen.org has engineered the Bike Accident Tracker App to allow cyclists or motorists to submit their own crash data. Their hope is that this, combined with statistics from the police, will provide a better idea of where and why crashes are taking place.

Since launching the Bike Accident Tracker, they’ve received about 30 reports, and they’re adding them to the map. The self reported accidents are all different. For example, one woman got caught on the F-Line tracks while turning left onto Valencia Street form Market Street. In another incident, a man trying to cross Geary Boulevard was doored by the passenger of a car that decided to stop in the intersection. Just as in other cases, the police refused to take a report of these cyclists because they did not want to go the hospital. Since police reports are used for insurance purposes, they are key component in the filing a claim and the foundation of a demand for compensation. Here at the Brod Law Firm, we think all cyclists should be treated fairly after they are injured in an accident and that no cyclist should have to choose between having a report written and taking their injured selves to the emergency room. For over 10 years we have been fighting for the cyclists from all bay area cities. Whether you suffered an injury here in San Francisco or in Walnut Creek, we have the ability and experience to help you get the compensation you deserve.

The parents of the 22-year old Nils Yannick Linke, the young man who was killed on Masonic Avenue last August after being run down by a negligent driver, have filed a wrongful death lawsuit. The complaint describes the sad details of the accident, from the behavior of the two defendants before the accident to their behavior after the accident --when they left the defendant for dead. The story goes like this: At approximately 7:30p.m., defendants and over the following two hour time period consumed alcoholic beverages including two bottles of wine, a champagne cocktail, a beer, and two shots of liquor. The defendants left the restaurant at approximately 10 p.m. and drove while intoxicated. After striking Nils the defendants got out of car and saw Nils lying in the street, convulsing and bleeding. At that point they moved the bicycle to the sidewalk and returned to the car without rendering aid to Nils. Then they fled the scene at a high rate of speed, without contacting emergency personnel. Shortly after, they were stopped by the police, whereby they performed a driving under the influence investigation. Even though it had been two hours since the accident, it was determined that the defendant’s blood alcohol level was 0.10, and also tested positive for cannabinoids.
The parents allege that the defendants acted with conscious and deliberate disregard of the rights, safety, and interests of others by voluntarily commencing and thereafter continuing to consume alcoholic beverages to the point of intoxication knowing from the outset that one of them must thereafter operate a vehicle. They also allege that because of their negligent, careless, reckless, wonton behavior and that because they decided to unlawfully drive and operate a vehicle, that they be held liable for general, specific, and punitive damages; for interest to the extent allowable by law; for the costs of the suit; and for such further relief as the Court may deem proper.

Here at the Brod Law Firm, we don't feel there is really anything left to say, except that we hope Nil's family is fully compensated for there loss and that they are able to move past this tragedy in there own time.

If your loved one died due to the negligence of another person or if you have questions regarding wrongful death and personal injury law, please contact our firm. We have over 10 years experience handling wrongful death cases and know how to win you the compensation you deserve.

Last weekend, a 24year old man who was cycling in the mission district suffered serious injuries after being struck by a hit a run driver, according to SFGate.com. The cyclist was taken to San Francisco General Hospital. There is no detailed description of the suspect, except that his vehicle is described as tan or gold newer model four-door. The time was 12:20a.m. on December 25th and the cyclist was heading west on 25th street, and the car was heading east on 25th street. The driver hit the cyclist as he was making a left turn onto Bartlett Street. The police stated that the cyclist had the right-of-way, as the car was the one that was turning.

As it turns out, this intersection is notorious for car crashes and many near misses. Several people in the neighborhood wonder why there is not a stop sign at that intersection on 25th, as there are four-way stops at all the other intersections—the only stop signs at that intersection are on Bartlett, one of which is covered by foliage. Also they wonder: if there was a stop sign there, could this accident have been avoided? Many drivers take the smaller streets to avoid traffic, thereby placing cyclists who do the same in jeopardy. Some drivers coming from the freeway onto Caesar Chavez and into the Mission neighborhoods forget to slow down. Residents are petitioning for more stop signs at all dangerous intersections and vulnerable points in the area. They are also seeking to have the property owner, at the stop sign covered with foliage, trim the back the potential hazard. Here at the Brod Law Firm, we too believe drivers need to slow them down as soon as they take the off-ramp and begin entering neighborhoods with children, pedestrians, cyclists, and transit users.

If you or a loved one suffered an injury as the result of a bicycle accident, please contact our firm to see about filing a claim. With over 10 years experience defending injured cyclists, we have the expertise to guarantee you get the compensation you deserve.

Transportation for America writes: America’s transportation system is half a century behind-causing unnecessary pollution, expense, and congestion. We need our leaders to invest in public transportation, high-speed passenger rail, streets safe for biking and walking, maintaining our roads and transit systems, and green innovation. Here at the Brod Law Firm we wonder if the above listed things will come true or if we as a species will ever evolve past the automobile. Nevertheless, we face huge challenges-- considering the fact that the majority of the House does not fully support alternative transportation, clean energy, and protecting the environment (most experts predict a two year gridlock), and the fact that Americans love their cars. The following is just one, though there are many, good argument to pose to anyone against working toward alternative transportation.
According to the U.S. Consumer Expenditure Survey, in 2008 U.S. motorists spent on average approximately $2,700 per vehicle on ownership expenses (purchases, registration, insurance, etc.) and $1,400 on fuel and oil, and about $4,100 in total.That year, governments spent $181 billion to build and maintain roadways, or about $730 annually per registered motor vehicle. Less than half of these roadway expenses are paid by motor vehicle user fees, the rest are borne through general taxes.

Needless to say it looks like it is up to individual citizens to do their part to effect change, such as using their cars less, walking or riding bicycles more and pressuring policy makers to invest in change. If you do choose an alternative form of transportation, don’t forget to stay safe whether you decide on cycling, walking or taking public transportation. Speaking of cycling, we would like to remind cyclists about, what some consider to be, their #1 enemy: the car door. As reported in NYT, cyclists sometimes call it “the door prize,” or simply being “doored.” In addition they report that a compilation of episodes in which drivers opened the doors of their parked vehicles into the path of oncoming cyclist can be found on BicycleSafe.com, which includes details of cases from places as diverse as India, Canada, Chicago, New Orleans and San Francisco. Such collisions can seriously injury, even kill cyclists. Any cyclist who has been “doored” should contact a bicycle injury attorney. Our firm specializes in these kinds of cases and has over 10 years experience fighting for the rights of cyclists.

According to the Press Democrat, the CHP is looking for a maroon-colored SUV in connection with a hit-and-run collision that seriously injured a cyclist in Saturday’s GranFondo ride, a 103 mile ride through northern California. Witnesses told officers it could have been a ford Explorer or something similar. As of yet, officers don’t have a description of the driver or a license plate. The cyclist, Anoush Zebarjadian, a 57 year old veteran bike rider of San Francisco, was on Graton Road at around 4pm when he was hit. He was knocked unconscious and suffered serious head injuries, and he remained in the hospital Wednesday in serious condition in ICU at Santa Rosa Memorial Hospital. A CHP officer, as of yesterday, was continuing to try to learn the driver’s identity and find the vehicle. A witness to the collision said the driver drove aggressively as he passed riders on a downhill slope just prior to hitting the cyclist. The witness also said that as driver passed the cyclist, he pulled the large vehicle to the right and hit the cyclist and his bike. At that moment Zebarjadian hit the ground and the driver did not stop.

These rides are often on windy roads with skimpy or no bike lanes at all that make it nearly impossible for drivers and cyclist to share the road safely, but that is no excuse for drivers to become impatient and angry, and then drive aggressively. Here at the Brod Law Firm, we think perhaps the planners of these rides need to provide better info to the public by alerting drivers-- days before as well as the day of the ride--of possible delays and perhaps provide detours during the rides so that cyclists are not put at such a risk. The most seasoned rider, as we have seen here with Zebarjadian, can become a victim of hit and run in an instant. Zebarjadian will obviously need the public’s help finding the hit-and run driver, because there may not be enough of an effort on the part of the police put into solving this crime, and also because, even though there several witnesses, no one was able to provide a thorough description of the car or license plate. Sometimes other witnesses and people who have information don’t bother to speak up because they assume that others will provide the information.

If you are loved one were the victim of a hit-and-run accident, please contact our office. We have over 10 years experience fighting for victims of hit-and-run accidents, and we are happy to answer any questions you may have regarding these kinds of cases.

According to Streetsblog.com, at least eleven states have laws requiring drivers to leave three feet between their vehicle and cyclists while passing. Right now mayor Villaraigosa of Los Angeles is pushing for California to join those states before the year ends. At a Tuesday press conference, Villaraigosa, surrounded by leaders of the LADOT, LAPD, Los Angeles Councy Bicycle Coalition, and Midnight Ridazz, stated his support and promised his advocacy for a state law requiring drivers to give those three feet. Villaraigosa has vowed to push forward with this proposed legislation no matter what. At a press conference he promised to keep pushing for it until it becomes part of the California Vehicle Code. The website "3 Feet Please" has been monitoring the national movement to bring this law to every state. It provides a policy paper from the Bicycle Alliance of Washington, which covers the local issues and provides guidance for activists with similar goals in other states.

State patrol officials in several of the 11 states that have passed the three-feet law emphasize that the law is used more as an education tool to provide safe practices than as an enforcement tool to punish law breakers. It gives officers, government officials, and civic groups the opportunity to inform drivers what a safe minimum distance is by use of a common measure (3 feet or one yard). Accordingly, if the law passes, the police probably won’t go around with measuring tape and measure passing distance between cars and bikes, but the law could give cyclists legal leverage when passing cars drive dangerously close, even when there's no actual collision. While cyclists are waiting for a legislator to emerge to champion a "3 Feet Passing Law" in Sacramento, activists have high hopes for the campaign and for the future of cycling advocacy under the city's Mayor. Here at the Brod Law Firm, we are glad to see initiatives such as this (as we have helped many cyclists who have been doored), and we hope to see this become law. Ensuring the safety of cyclists is an issue that can’t be ignored or pushed aside any longer, considering the death of 22-year-old Nils Yannick Linke, a German tourist, who was killed by a drunk driver while riding his bicycle on Masonic two weeks ago. Bicyclists and pedestrians should not feel like they are risking their lives every time they take to the streets.

Due to the recent bicycle fatality on Masonic Avenue, the pedestrian fatality last month at 19th and Folsom, and all the other numerous dangers pedestrians and cyclists face, pedestrian advocates and city health professionals are urging city leaders to develop a comprehensive action plan for the streets of San Francisco. Just today, a driver coming down a hill in San Francisco’s Visitacion Valley neighborhood Tuesday, lost power and her SUV careened out of control, striking five pedestrians near a Muni bus stop. Currently the SFMTA doesn’t have a concrete target for reducing pedestrian collisions, nor a comprehensive plan to reach a target; however, the Sustainable Streets division is dedicated to making San Francisco streets safer for all modes of transportation to co-exist. It has developed a comprehensive action plan, whereby it conducts corridor and program-specific studies and tries to mitigate problem areas like Market and Octavia streets. The agency’s signal re-timing and other engineering work on Valencia Street are a success story. Even though these changes are benefitial, San Francisco needs to push to make it easier to implement changes that benefit both pedestrians and cyclists. Right now, most state departments of transportation, including Caltrans, make it extremely difficult to implement "design exemptions" like slower speed zones, traffic calming, and separated bicycle tracks. Despite the good news, city and state agencies responsible for making the roads safer haven't implemented serious engineering solutions such as putting in traffic circles or more bulb outs at intersections. San Francisco needs to get serious about pedestrian safety and develop a plan and start by targeting the areas with the highest incidences of injury collisions.
According to missionlocal.org, Chris Cochran, a spokesman for the California Office of Traffic Safety, said San Francisco has had a chronic problem with pedestrian safety for years. He said that every year the traffic safety office suggests California cities apply for its pedestrian safety grants and that they usually don’t need to tell San Francisco to apply—San Francisco knows it has a problem. San Francisco ranks first in pedestrian fatalities statewide, with the highest number of deaths each year since 2003, and it’s currently fourth on the national level, according to the National Highway Traffic Safety Administration. Roughly 48 percent of all fatal collisions in the city involve pedestrians, which is four times higher than the national average of 11.3 percent. At a recent Board of Supervisors meeting the board accepted a $200,000 grant awarded by state traffic safety office to the city health department for citywide pedestrian safety research. The grant will be used to evaluate streets and intersections that are dangerous for pedestrians. The health department will research and develop a list of recommended improvements for pedestrian safety between October 2010 and June 2011. The funds won’t be used to make any physical changes to improve safety in the city, but rather to study key safety improvements to be added to the city’s general plan by September 2011. If you or a loved one has been injured as pedestrian or cyclist, please contact our office. We have the experience to win you the compensation you deserve.

With so many people in the Bay Area commuting to and from jobs in every part of the area, there is really no longer any typical or even “reverse” commute. Many people commute via car, however in some places, including the City of San Francisco, people commute on bicycle, scooter, motorcycle, and even skateboard. Hazards for drivers, particularly in San Francisco, are plenty, as there are several devices that can power people at a relatively high speed without the visibility of the mass of another vehicle. This is one of many reasons why it’s so important to drive, ride, or walk defensively. In most instances, one really needs to expect a driver who is not paying attention, particularly with cell phones, text messaging, and other distractions. Keep aware and keep safe.

At the Brod Law Firm, we have been advocating on behalf of injured cyclists for over ten years, and have helped clients who have suffered minor injuries to catastrophic injuries. If you or a loved one has been injured by the fault of someone else, please contact us for a free consultation.

In a recent article in the NYT about double parked cars on Sundays in San Francisco, the ongoing conflict between cars and cyclists is paid some attention. According the article, cyclists are angered by the police and the Department of Parking and Traffic policy of ignoring, and neglecting to enforce, ordinances against double parking during weekend church services. The article also points out that the number of new cyclists has increased strongly here in San Francisco. Sadly, however, some new cyclists are all over the road (a point not mentioned in the article) and don’t know the rules--giving the seasoned, well-behaved, law abiding cyclist a bad name. That said, we no longer need anti-car this or anti-bike that banter—we just need proper legislation. Thankfully we have the politically savvy people at the San Francisco Bike Coalition working tirelessly to help with that.

Speaking of the need for proper legislation and people tirelessly working to bring about change, the practice of allowing double parking on Sunday’s is a slap in the face to the city’s Transit-First policy and the new Civil Grand Jury investigative report that has made recommendations for easing the tensions between drivers and cyclists. The report, titled Sharing the Roadway: From Confrontation to Conversation, states that its purpose is to focus city attention on identified barriers to the successful implementation of the San Francisco Bicycle Plan: serious mistrust, conflict and misunderstandings among city stakeholders including motorists, cyclists, and pedestrians. Also in the report, the Jury states its desire to move towards everyone seeing him/her self as part of the community sharing the roadway. In addition, enforcement of traffic codes is recommended and seen as the key to keeping roads safe and encouraging new and prospective cyclist to begin cycling in the city. And, in its summary, it states that education can bridge the mistrust, misunderstanding, and misperception motorists and cyclists have of each other, and shift (society) toward a more unified cultural perspective and coexistence.

Here at the Brod Law Firm, we couldn’t agree more with the recommendations of the report. During our years of fighting for people who have been injured on the road, due to road rage or driver inattention, and listening to all the stories of near misses, we sometimes feel that we, as a society, are living in the dark ages, psychologically. I mean how come some people don’t know how to share the road? And, why is that when a person is cut off by another on the road, they take it personally and feel as if something was stolen from them. Or, seen from another point of view, why are those people, those people who are cutting off the other people, either not paying attention or doing it intentionally? Is it really so hard for us to share the road? Will people in the future look back at us and laugh, or will they feel sorry for us? We have been on this planet such a long time; one would think our psyches would have evolved and adapted to sharing by now. I guess, considering that the automobile is a comparatively new invention and that evolutionary adaptations don’t happen overnight, we may need to wait decades before we see progress in the area of sharing.

There are multiple California Vehicle Code sections that impose responsibilities on drivers of automobiles with respect to bicyclists. For example, California Vehicle Code § 22107 states: “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.” In addition, California Vehicle Code § 21801(a) states: “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction (emphasis added) which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.” Finally, though persons riding bicycles are not defined as “pedestrians” under the Vehicle Code, Vehicle Code § 21950(a) requires a driver of a vehicle to yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk.

While the laws designed to protect cyclists may govern the fault and responsibility of a driver of a car or truck after an accident, they cannot, however, protect you as a cyclist. That’s why it is important to be as aware of the cars and trucks around you as possible, and to ride defensively. Assume that drivers do not see you, and always wear a helmet. In the event you’re involved in an accident with a car or truck, or even doored, ensure the local police are called so they can document what happened, take witness statements, and get the insurance information of the driver. The most important thing to do after an accident with a car or truck is to monitor your body and seek proper medical treatment for anything that’s bothering you. You should consult an attorney prior to speaking with the insurance company of the driver involved in your accident, though your health, not your legal case or claim for damages, is the most important thing.

At the Brod Law Firm, we have been advocating on behalf of injured cyclists for over ten years, and have helped clients who have suffered minor injuries to catastrophic injuries. If you or a loved one has been injured by the fault of someone else, please contact us for a free consultation.

The streets of San Francisco are filled with cars, motorcycles, pedestrians, baby strollers, skateboarders, and cyclists. The concept of “Sharing the Road” is important from a social standpoint, but more importantly it is a safety issue that everyone should keep in mind, particularly in a densely-populated area. Bicyclist should ride defensively, as best as possible, and pedestrians need to ensure that oncoming traffic is slowing down before crossing the street. This advice may sound simple, but it’s better to try to avoid getting injured, even if it would be someone else’s fault. What happened a few days ago on the streets in San Francisco, however, was shockingly, no accident. A driver of an SUV apparently went on a hit and run rampage, hitting four victims, who were riding bicycles. Mayor Gavin Newsom issued a statement, reiterating his position that San Francisco is one of the nation’s bike-friendly cities. While this may be true, and the City certainly has no control over the intentional act of a lunatic, San Francisco still has a long way to go to ensure its cyclists have ample bike lanes in which to travel, and to continue to get the message out to all those who make their way across the streets of San Francisco every day: Share the Road.

At the Brod Law Firm, we have been advocating on behalf of injured cyclists for over ten years, and have helped clients who have suffered minor injuries to catastrophic injuries. If you or a loved one has been injured by the fault of someone else, please contact us for a free consultation.

Yesterday a man struck four cyclists with his car in the Potrero Hill area, one after the other, within six minutes, and police are treating it as aggravated assault. The first crash happened at 9:43p.m. in the 2700 block of Harrison Street, the second at the 2800 block of Harrison Street, the third at the intersection of 23rd and Pennsylvania streets, and the fourth at 17th and Missouri streets at 9:49 p.m. According to missionlocal.org, three of the victims had non-life threatening injuries and were taken to SF General Hospital. The fourth victim was treated at the scene. After the vehicle struck the fourth victim, the driver crashed the vehicle into a pole and fled on foot.

If you know the area of Potrero hill, you know that it is like no man’s land out there at night. During the day it is a vibrant place to walk, but it is isolated by the freeway and large sections of industrial space. Notwithstanding the busy restaurants and clubs, it feels deserted at night-- as most of the streets are not well lit, and the only people you really see are in cars. I have never recommended anyone walk or ride their bike out there alone at night. With that said, some people have no other choice but to ride or walk in that area, considering all the service cuts to public transportation. And in no way, am I suggesting that these cyclists could have avoided this situation. Clearly, the man who hit them was on a rampage and is responsible.

Here at the Brod Law Firm, we wonder about people who commit aggravated assault. What could possibly have gotten into this man? Is he simply insane or severely maladjusted? Did he have a bad childhood or does he have a chemical imbalance? Did he wake up feeling powerless and decide to act out his frustration by running over four cyclists with his car. And, since the theory behind road rage is that automobiles are obedient and give the driver a false sense of power, do we just classify this story as a road rage incident and leave it at that?

Or are sporadic, unexplained acts of violence such as this a sign that our culture diseased? Are our social structures and our dumbed-down, neatly packaged depictions of violence leaving us feeling uneasy or, perhaps, guilty? We see violence everyday in the media and popular culture, but that violence doesn’t really touch our lives. All we have to do is shut the television off or stop reading the newspaper to forget about the fact that we are living on the backs of those less fortunate than us. The truth is we are all guilty and do little or nothing to remedy our situation. So is living with an uneasy conscience what leads certain individuals to commit barbarian acts of violence? It is just a thought.

Last month, Google--the most popular internet search company in the world—started offering cycling-specific information, as they finally saw it as good for business (and shares definitely went up as a result). Google said that the new feature has been the a popular request over the last couple years. As it turns out, an organization called Google Maps Bike There collected more than 50,000 signatures to endorse the addition of bicycle routes. You no longer need to go on line and search different resources to find maps of different areas, such as those provided by various bike coalitions that track bicycle infrastructure.

This new service offers a step by step, or should I say pedal by pedal, guide for cyclists and also calculates mileage. The biking directions provide time estimates for routes, the number of hills, fatigue over time, and other variables. The system is, however, geared toward the less advanced cyclist, as it provides routes with the fewest hills (a feature that might annoy the advanced cyclist). Another feature, Local Search, guides cyclists to locations where they can take a break or find bike shops along their route. There are lines on the map that help bicycle riders choose different routes: Dark green Lines highlight bike trails, light green line highlight streets with bike lanes, and dotted green lines highlight other streets recommended for cyclists. There is also a blue line on which you can click to move the route along other designated bike trails, lanes and safe streets. Displayed to the left of the map are turn-by-turn written directions.

With this new service, Google can actually help propel forward socioeconomic/environmental/ health causes, which is part of the company’s basic founding principal: provide the public with free and easily accessible information. This tool may actually motivate people to use existing bike friendly routes and promote bicycling as means for everyday transportation. And, as a natural consequence, government may begin to see the need to paint additional bike lanes-- which can provide opportunities to make communities safer, the air cleaner and people healthier. Put another way, if the public is aware of a safe and pleasant way to get around, that is one more reason to bike, leave the car in the garage and enjoy the fresh air (side note: cycling in the fresh air has got to leave you feeling more energized, buoyant and restored than cycling in the gym). It is also a chance to meet other bikers, make friends and become more social. Here at the Brod Law Firm, we think that this feature will lead to a reduction of bike accidents and promote cycling access, education and safety here in San Francisco and beyond. This tool could, maybe more than any other internet tool out there, lead to a real change in our communities, change that literally starts at our fingertips(especially if it becomes an iPhone app)!

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.

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.

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).

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.

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!

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.

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.