San Francisco Injury Lawyer Blog

The Oakland Tribune published a touching article this weekend sharing memories of an avid motorcycle buff who was killed in a collision with a car in October. Our Oakland motorcycle accident attorney knows that such accidents occur all too often and is dedicated to helping those impacted by the tragic incidents to pursue all remedies that the law allows. While no lawsuit can bring back a loved one or even restore an injured rider to their prior physical and emotional life, a skilled attorney can help ease the financial ramifications that often follow a motorcycle accident.

On October 23, 55 year-old Joseph Montoya was enjoying an autumn day with fellow riders. He was on his Yamaha 550 Seca, riding in the Castro Valley hills not far from the Redwood Road dirt park where he’d first learned to ride nearly four decades ago. The day turned tragic when a 19 year-old driver lost control of a Honda Accord, crossed into oncoming traffic, and hit Montoya who was killed instantly. The driver of the car was uninjured and an investigation by the California Highway Patrol is ongoing.

The Tribune shares memories of Montoya’s family and friends who paint a picture of a true motorcycle aficionado who helped draw others to his favorite hobby. He also was a giving man, one who mentored others in his professional life and was known for distributing money to the homeless during the holiday season. The tribute is a reminder that Oakland motorcycle accident fatalities are not merely statistics but are a tragic end to full and meaningful lives of valued neighbors and loved ones. While recent reports indicate that the number of motorcycle fatalities has declined after a decade of increase (see the 2011 California Traffic Safety Report Card, focused on numbers from 2009) every fatality takes a very real life and deserves our attention.

It is important to remember that, after an accident, there are two legal systems that work to provide recourse to the victims and punish those at fault. At the same time as the police investigate potential criminal charges, a skilled Northern California motorcycle accident attorney can help surviving loved ones pursue civil law remedies. While criminal suits are brought by the state, a civil lawsuit is brought by the victim or by the family of the deceased. The systems have very different rules and different goals with the criminal system seeking to punish offenders and deter future violators while the civil system can help those impacted recover damages for their loss. No legal system can bring back a beloved individual, but alleviating the financial burden can allow the family to focus on healing without worrying about the economic impact of the loss.

It is important that those impacted by a motorcycle injury or a fatality seek out a legal expert with experience in similar cases. The determination of legal fault is often complex and requires a skilled attorney who understands the factors that a court will consider when evaluating a civil claim. The actions of the other driver, the conditions of the road at the time of the accident, the decisions made by the rider, and many other factors will come into play in a civil lawsuit arising out of a motorcycle accident.

Continue reading "A Moving Tribute to the Victim of an Oakland Motorcycle Accident" »

The San Francisco Gate reported last week on a bizarre Oakland motorcycle accident that apparently was caused intentionally by a paratransit van driver. A thirty-one year old Oakland man, Eddie Hall was recently charged with homicide following his conduct which caused the death of fifty-one year old George Lopez of Stockton. The incident occurred late last month on Interstate 580 in San Leandro.

The accident is still under investigation, however police believe that Mr. Hall was driving an East Bay Paratransit van in the right hand lane of the highway with a group of motorcycle riders immediately to his left. Witnesses report that Mr. Hall “aggressively” swerved his van into the left hand lane, colliding with the cycle being ridden by the victim, Mr. Lopez. The rider was knocked off the bike, ultimately falling into the path of the van which ran over him. His motorcycle was wedged underneath the van. Apparently the van driver continued driving for at least a mile with the motorcycle wedged underneath the vehicle, before the motorcycle burst into flames. At that point, Mr. Lopez got out of the vehicle and fled the scene on foot. He was eventually apprehended by a sheriff’s deputy. He has since been charged with homicide for the death of George Lopez, as well as for attempted homicide for another motorcycle that was in the group when he veered into their lane on the highway.

Unlike other highway crashes, this Interstate 580 accident was no accident at all. Questioned after the event, Mr. Hall admitted that he intentionally drove into the motorcyclists because he was upset at the way that the motorcyclists and other drivers were behaving on the road. In other words, this seems to be a case of extreme road rage with deadly consequences.

Our Oakland motorcycle crash lawyer knows that incidents like these have a wide variety of legal implications. For one thing, it will need to be determined exactly what role the East Bay Paratransit organization had in this accident. Factors like whether or not Mr. Hall was on duty at the time, how long he had been on the job, and anything in his background that may have suggested he might be capable of this conduct all would factor into potential liability were a civil lawsuit to be brought forward. Agency rules under the law often apply in these situations. That means that a “principal” (in this case the man’s employer) may be liable for the actions of the “agent” (the employee). Also, the employer may be guilty of negligence in its own right, irrespective of their actual liability for their employer’s conduct under agency rules.

Of course, it is important to remember that this only apply to civil law, not criminal law. The specific crimes with which Mr. Hall have been charged are completely separate from any civil liability that he or his employer may face following this crash. Often an event will have both criminal and civil implications. The criminal charges are those stemming from a specific law being broken and those charges can only be brought by the state. Conversely, civil suits are brought by the victims themselves, or in the case of a victim who is killed, by their family. These suits have completely different standards of proof and potential implications. It is therefore important for all those involved in these events to visit with an Oakland auto accident attorney to ensure that their interests are protected.

See Our Related Blog Posts:

The Most Dangerous Places for Pedestrians in San Francisco

Oakland-San Francisco Attorney Comments on Highway Accidents

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.

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.

On July 19th at approximately 5am, motorcyclist, Ryan Willis Jones, age 30, was riding eastbound on the Bay Bridge was side swiped by driver of a car, Daniel Francisco Olivera, age 31, of Oakland. As he was changing lanes, his car hit the rear of Ryan’s motorcycle. Ryan was taken to San Francisco General Hospital, where he pronounced dead. Daniel was suspected of drunk driving and he was arrested and booked at San Francisco County Jail, according to CHP Officer A. Paulson.

After we read this information in our local newspaper, we, here at the Brod Law Firm, collectively wondered how this particular driver, or anyone for that matter, could consider driving while under the influence of alcohol. We wondered why--after being inundated over the years by all the ad campaigns that show the catastrophic consequences of drunk driving, such as those telling us “Friends Don’t Let Friends Drive Drunk”; and after having witnessed all the efforts of organizations like M.A.D.D. (Mother’s Against Drunk Drivers) who, since the 1980’s, have worked tirelessly with the help of educators, government, corporations and media on promoting personal responsibility against drunk driving; or after having witnessed our law makers pass laws that are extremely harsh on drunk drivers--people still risk driving drunk? We then concluded that maybe the public has forgotten the legal limits of alcohol allowed in the body when driving a vehicle and/or forgotten what exactly can happen if they are caught driving drunk. So we thought we could help re-educate the public by reminding anyone reading this of some of the basic information they should know regarding drinking and driving.

In a guide put out by the National Highway Transportation and Safety Administration’s (NHTSA) titled The ABC’s of BAC: A Guide to Understanding Blood Alcohol Concentration and Alcohol Impairment, blood alcohol concentration, (BAC) is explained in detail. We feel some important facts to know about BAC are:
• The amount of alcohol measured in a person’s body is measured by the weight of the alcohol in a certain volume of blood, which is known as BAC. Every State has passed a law making it illegal to drive with a BAC of .08 or higher.
•Alcohol is quickly absorbed and can be measured within 30 to 70 minutes after a person has had a drink.
• The type of alcohol you drink does not affect your BAC, meaning a typical drink equals about half an ounce of alcohol (.54ounces). This is the approximate amount of alcohol found in:
o one shot of distilled spirits, or
o one 5-ounce glass of wine, or
o one 12-ounce beer.
• Because of the multitude of factors that affect BAC, it is very difficult to assess your own BAC or impairment.
• Though small amounts of alcohol affect one’s brain and ability to drive, people often swear they are “fine” after several drinks – but in fact, the failure to recognize alcohol impairment is often a symptom of impairment.
We consider this information extremely useful for anyone thinking about driving after drinking. However, the best way to stay safe after drinking is not to drive. It is better to call a taxi or designate a non-drinking friend as a driver. Otherwise, the consequences of driving drunk can result in tragedy like this one. No one wants to be arrested or be responsible for the death of another.

We feel for the victim’s family of this terrible motorcycle accident and hope they receive the support they need during this difficult time. We also thought this would be a good opportunity to remind our readers that motorcyclists have the same rights as drivers of cars. According to the NHTSA, motorcyclists were about 35 times more likely than passenger car occupants to die in a traffic crash and 8 times more likely to be injured. We believe the reason this is so is because motorcycles are not always easily seen by drivers of cars. Drivers should never forget to pay attention and watch for motorcycles on the road. Motorcyclists deserve the same courtesy as drivers of cars. Unfortunately, the most experienced motorcyclist can sometimes end up in a tragic accident, such as this one, due to the negligence of another.