San Francisco Injury Lawyer Blog

Serving as a Sacramento pedestrian injury law firm means that our team is particularly aware that auto accidents are all too common in our car-driven culture. The reality of Sacramento pedestrian fatalities is particularly clear after two separate accidents claimed the lives of young adults in the past week.

According to The Sacramento Bee report, the first of these dual tragedies occurred in the early morning hours. At approximately 3:50AM, a twenty-one year old resident of Foster was struck by a car while walking on 113 North in Woodland. The victim was killed in the accident and the driver fled the scene. The California Highway Patrol is looking for witnesses who may have information relating to this fatal hit-and-run.

A second crash, also reported by The Bee, claimed an even younger victim. Sixteen year old Michelle Murigi of Sacramento was hit by a car while crossing Fruitridge Road at 58th Avenue. One eastbound vehicle had stopped to allow the teen to cross but a second car continued through the crosswalk and struck the girl. The crash occurred on Thursday afternoon and Murigi was taken to UC Davis Medical Center. She was placed on life support but succumbed to her injuries and passed away on Friday night. The unidentified driver reportedly said that he did not see the pedestrian and the accident remains under investigation.

Pedestrian fatalities remain a serious problem, despite many efforts to encourage both safe driving and safe pedestrian behavior. According to a report from the National Highway Administration, 4,092 pedestrians were killed in vehicle-related crashes is 2009. This figure represented a seven percent drop from 2008. Notably, between 2000 and 2009, the percentage of traffic deaths involving pedestrians remained fairly steady with pedestrians representing between eleven and twelve percent of all traffic fatalities. This number increases for the youngest victims with pedestrians accounting for twenty-two percent of traffic victims under age five. Weather does not appear to be a primary factor with eighty-nine percent of the pedestrian deaths in 2009 occurring during normal weather conditions. Time-of-day had a much greater statistical impact and sixty-nine percent of the 2009 deaths occurred during nighttime hours. Nearly three-quarters of the accidents occurred in an urban setting. Alcohol is also a significant factor and nearly half of the 2009 pedestrian fatalities involved either an intoxicated driver or an intoxicated pedestrian.

It sounds a bit cliché, but we truly believe that even a single pedestrian death in Sacramento or elsewhere is a death too many. We urge drivers to exercise caution, especially in urban areas where sharing the road is a reality and at night when visibility is an extra challenge. We also urge the families of pedestrian victims to pursue civil litigation after an accident. No amount of money can bring back a lost loved one, but compensation can help survivors pursue help as they grieve and address the economic consequences of the incident. Seeking justice in court also sends a strong message that carelessness will not be tolerated. Our Sacramento wrongful death lawyer is experienced in helping grieving family members navigate the legal system and move forward from tragedy. Please contact us if we can help you and your family in the aftermath of tragedy.

See Related Blog Posts:
Wrongful Death Attorney on Arrest of Driver in Fatal DUI Crash in San Jose
Oakland Accident Law Firm Comments on San Jose Pedestrian Fatality

As an experienced San Francisco personal injury law office, The Brod Law Firm knows that vehicle crashes can involve pedestrian victims in addition to the vehicle occupants. Our San Francisco pedestrian injury attorney also knows that these cases often result from a myriad of causes that all contribute to an accident. It is our mission to hold negligent drivers and operators responsible for their actions but we also urge residents to exercise caution while walking to help avoid tragic results.

CNN’s website is reporting on a study published in Injury Prevention that drives home the importance of being aware of your surroundings, even when you are on foot rather than behind the wheel. The study by a team at the University of Maryland School of Medicine found that serious injuries and fatalities involving headphone-wearing pedestrians tripled in the period between 2004 and 2011. Half of the reported incidents involved train collisions while the other half involved cars, trucks, buses, or bicycles. Although headphones have been around for decades, they have become increasingly prevalent in our wired 21st century lives. The danger appears especially prevalent for younger people with twenty-one being the median age of the pedestrians. Headphones can render pedestrians inattentive and limit their ability to hear oncoming vehicles. In response to the danger of distracted pedestrians, some lawmakers have even considered legislation forbidding the use of headphones in city intersections.

As a victim’s personal injury law firm in San Francisco, we know that accidents are complex. While we urge residents to use caution and take steps to avoid pedestrian injury, we also believe that those injured by negligent drivers deserve compensation even if their own actions were not without fault. Until 1975, California used a legal principle that barred any recovery whenever the victim’s own negligence contributed to the accident. This is no longer the case. The California Supreme Court has since made it clear that victims can recover even in cases of contributory negligence, the legal term for the victim’s own imperfect actions. Victims can still bring, and win, personal injury suits where their own negligence was a factor. Instead of barring recovery, the court may reduce the amount of damages awarded in order to take the plaintiff’s role into account. For example, if the court finds that a speeding driver held 85% of the responsibility for a crash with 15% of the fault being due to the pedestrian’s own distraction, the court will calculate the amount of damages and award 85% of the total figure.

It is a prevalent theme of this blog that prevention is always best. We urge area pedestrians to be fully aware of their surroundings, taking particular care on busy streets, near intersections, and at railroad crossings. Headphones should be used responsibly and pedestrians should always be sure they can hear the traffic noises around them and that they do not allow their mobile devices to distract them from their safety. However, we also know that most accidents include a myriad of factors and do not believe that simply having worn headphones should prevent a victim from seeking compensation when another person’s negligence led to their injuries. If you have suffered injury in a pedestrian accident in San Francisco or the surrounding Northern California communities, please contact our team for a free consultation to discuss your unique case and your legal rights.

See Related Blog Posts:
New Year’s Eve Has the Highest Instances of Pedestrian Fatalities
Oakland Accident Law Firm Comments on San Jose Pedestrian Fatality

Everyone has heard it before- Don’t drink and drive. Fatal automobile accidents increase dramatically during high traffic seasons, and holidays are the worst, combining more vehicles on the road with an increased number of intoxicated drivers.

But what about intoxicated pedestrians? New Year’s Eve has the fifth highest number of crash fatalities overall, but it is the number one day for pedestrian crash deaths. The same factors that are involved with general crash fatalities are present on New Year’s Eve, with the added component that many pedestrians choose to walk home intoxicated, rather than risk their lives and the lives of others behind the wheel.

However, drunken walkers are still engaging in a risky undertaking. Alcohol negatively affects the brain’s ability to focus and it slows down the whole body’s reaction time. Consequently, intoxicated drivers and intoxicated pedestrians have less coordination, difficulty processing information, and following moving objects. The physical limitations imposed by drinking heavily makes driving or even walking near traffic dangerous in itself. However, drinking also limits a person’s mental faculties. In addition to the physical effects of alcohol, intoxicated persons experience loss of judgment and a decreased ability to perform two tasks at once. In other words, a drunk person makes more bad decisions than a sober person, but is less capable of handling the consequences.

For example, a pedestrian may leave a bar with a group of friends headed to the night’s next destination. The group has a boisterous conversation and is quite unaware of their surroundings. The leader of the group walks backwards in order to see everyone. Although he is aware that a crosswalk is coming up, his brain has trouble processing risk, and he does not stop to determine whether he has the right of way. Crossing without a second thought, the pedestrian is hit by a driver with a green light who thought the pedestrian would stop at the edge of the sidewalk.

To prevent such tragedies, pedestrians who plan on drinking should find a friend to look out for their safety and might consider taking a taxi or public transportation instead of walking. Drivers should never assume that a pedestrian will yield to an oncoming car and should approach crosswalks with caution.

California Vehicle Code Section 21950 gives the right of way to pedestrians in marked crosswalks and at unmarked intersections. The statute places a heavy burden on drivers of vehicles. Despite having the right of way at a green light, drivers are still responsible for slowing down at intersections for bold or inattentive pedestrians who challenge the light. The statute imposes a duty on drivers to exercise due care for the safety of any pedestrian in a marked crosswalk and at intersections. Pedestrians also have the duty of using due care to ensure their own safety, and they are admonished not to walk into the path of oncoming vehicles. However, the statute also provides that the pedestrian’s duty to act in a safe manner does not relieve any driver’s duty to exercise due care. Drivers who are not reasonably cautious may find themselves fully or partially liable for the costs of an accident for breaching the duty imposed by California Vehicle Code Section 21950.

Finally, December is the darkest month in the United States and low visibility increases the chance of pedestrian fatalities on days like New Year’s Eve. The Brod Law Firm encourages pedestrians and drivers to remain prudent and to plan their night ahead of time to limit exposure to dangerous situations. Revelers can celebrate at a hotel, hand their car key over to a trustworthy friend, and keep a taxi’s number on hand.

Continue reading "New Year’s Eve Has the Highest Instances of Pedestrian Fatalities" »

Marking a sad milestone, The Oakland Tribune reported on the twentieth pedestrian or bicyclist fatality to occur this year in San Jose. As your Oakland personal injury law firm, we are particularly dismayed to note that this pedestrian death comes only a week after a cyclist was killed on the very same road.

The victim, a 34 year-old man whose name has not been released, was killed Monday evening. He was crossing a busy stretch of road just south of downtown Jose near where Monterrey Highway and Old Tully Road intersect. It is unclear whether he was in a marked crosswalk when he was hit and killed by a Toyota Tundra. The female driver did remain at the scene and alcohol does not appear to have been a factor in the crash. As of the time of the Tribune’s report, the driver had not been arrested or identified.

Although it is unclear whether the pedestrian in this accident was utilizing a crosswalk, the Oakland pedestrian accident attorney at The Brod Law Firm wants to remind readers that California law requires that drivers yield to pedestrians in a marked crosswalk. This rule also applies at unmarked crosswalks at our intersections. Pedestrians are required to exercise caution and the law does prohibit a pedestrian from suddenly leaving the sidewalk or otherwise stepping into the path of automobile traffic. However, the law does place the bulk of responsibility on drivers to prevent the injury or death of a pedestrian who is using appropriate precautions. While the law does prohibit pedestrians from crossing roads outside of intersections or marked crosswalks, that does not alleviate the duty of all drivers to be alert for pedestrians and exercise care at all times.

California is well-known for its driving-centered culture. At the Brod Law Firm, we believe that drivers have a strong responsibility to obey the law and drive responsibly. We also believe in the continued efforts of our state and our Northern California towns to create roadways that are safe for all of our residents. As your Oakland car accident lawyers, we know that automobile accidents are a very real part of life in our region but believe that the numbers can be reduced. We urge our local and state officials to make safety a priority. Well-marked crosswalks, appropriate speed limits, and a continued emphasis on preventing driver distraction can help prevent pedestrian injuries and deaths. We also support research studies aimed at finding the very best ways to protect our residents. These are studies that might have initial costs but will ultimately lead to economic savings and, more importantly, can save lives.

Pedestrian accidents are tragic, as are other automobile-related accidents that cause injury and death. We recognize that the aftermath of an accident is difficult for surviving victims and the loved ones of an individual whose life is lost. We encourage victims to seek emotional support in the difficult days after an accident. The legal system cannot undo an accident, but it can help victims or their families recover damages. If you or someone you love is injured in a Northern California car accident, please contact the Brod Law Firm team for help. In most of our personal injury cases, we do operate on a contingency fee and we do not get paid unless we help you recover. We work with victims in Oakland, San Francisco, Sacramento, and throughout the Northern California region.

We advocate for prevention first but accidents do happen and we are here to help.

See Related Blog Posts:
The Most Dangerous Places for Pedestrians in San Francisco
Guilty Plea in Fatal Hit-And-Run: The Aftermath of a Pedestrian Fatality

At the Brod Law Firm, we are attorneys for Oakland car accident victims. We represent individuals injured in Oakland car crashes and those who lose a loved one in an automobile crash throughout Northern California. Sadly, car crashes continue to impact the lives of too many innocent residents of our region. The Oakland Tribune reported on one such tragedy this week bringing attention to the sad truth that automobile accidents remain a serious danger.

The Tribune report focused on the criminal trial of a San Bruno driver who pled guilty this week to a fatal hit-and-run. It was 1:35AM on February 20 when twenty-eight year old Scott Garrigan was killed while crossing Skyline Boulevard near Sharp Park Road. Leonard Nierras Tobilla, 58, hit Garrigan and then left the scene. Tobilla did not pull over and did not immediately call the police but did call his insurance company when he arrived home. The company advised him to return to the scene and Tobilla turned himself into authorities about 40 minutes later. His blood alcohol level was elevated at .06 but was below the legal limit of .08. The initial charges included a DUI count which was later changed to reckless driving involving alcohol. A second driver also hit Garrigan after the first crash, fleeing the scene and turning himself in four days later. This driver was not charged with a crime although it is not clear which impact caused the fatality. Reports indicate that the area was dark with no crosswalk in the vicinity and that the victim had a .23 blood alcohol level at the time of his death.

Statistics compiled by the National Highway Traffic Safety Administration show that the number of pedestrian fatalities in vehicle accidents declined steadily between 2005 and 2009. Despite our driving-centered culture, California’s overall pedestrian fatality rate (fatal accidents per 100,000 population) is lower than the national average. While these numbers show positive trends and show that most Californians are responsible drivers, every fatality represents a very real individual and every fatal accident is a tragedy. These numbers also do not include accidents resulting in non-fatal injury to pedestrians, accidents that are significantly more common. Non-fatal pedestrian accidents can have a very real, and sometimes quite severe, impact on the victim.

The days following any automobile accident are difficult. The period after a fatal pedestrian crash are emotional for the family of the deceased. A non-fatal is often followed by a difficult medical journey to recover as well as emotional trauma for the victim. Although a criminal investigation will be initiated by police and the district attorney, reaching out to an experienced Oakland lawyer for car accident victims is crucial. The civil system can help victims or surviving loved ones recover damages for their losses, something that cannot occur in criminal court.

Seeking compensation after an accident is NOT about greed. It is about obtaining the compensation that the law provides, compensation that can help an injured pedestrian or the surviving loved ones of a deceased victim begin the journey of recovery. We are proud Oakland personal injury attorneys because we believe in helping victims recover. The Brod Law Firm does this work because our hearts go out to victims, like the loved ones Garrigan left behind. We want to help and we can help, but only if the victim’s reach out to us. If you or a loved one was the victim of a car crash, please contact us for a free consultation. Most of these cases are handled on a contingency basis so you will not pay attorney’s fees unless we successfully help you recover.

See Related Blog Posts:
Outer Mission Pedestrian Accident Takes Life of San Francisco Man
The Most Dangerous Places for Pedestrians in San Francisco

A person in a wheelchair suffered life-threatening injuries Saturday morning after being hit by a pickup truck in a South of Market intersection, San Francisco police said. Most drivers on Harrison waited for the wheelchair to cross, but the driver of a Toyota pickup truck pulled forward and struck the victim, who was in the closest crosswalk, according to one report. People in a crosswalk have the right-of-way even when the light for cross-traffic turns green. Both drivers and walkers need to obey traffic laws to avoid stiff penalties. Motorists who fail to yield to a pedestrian in a crosswalk can face a $212 fine. Likewise, pedestrians who cross against a red light can be issued a $108 citation. To avoid accidents, drivers should avoid using cell phones to talk or text while driving, and pedestrians should look for cars even when they have the right-of-way. CC Section 21950 describes pedestrian right-of way:

21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

The SOMA district where the accident occurred is notorious for its dangerous intersections and has the highest incidents of fatalities and injuries. The injury that happened Saturday is a good example of how dangerous our intersections are. Have you notice how many of SOMA’s streets look and feel like four lane mini freeways? And doesn’t it feel like you are risking your life trying to cross them? I can’t tell you the number of times I have seen pedestrians begin to cross at an intersection and then have to turn around and head back to the curb because light changed to quickly or because a car was speeding through the intersection. At the same time, as a driver, I have had to slam on the brakes many times in order to avoid hitting someone who walked into the middle of a busy SOMA street without looking. Whether you travel by foot or car, navigating San Francisco requires care and vigilance for the sake of pedestrians, especially the disabled.

Pedestrian safety in the SOMA district gets a lot of lip service for the fact that it does have some of the most dangerous intersections. A 2007 SFMTA Collision Report studied the number of intersection auto collisions with pedestrians and cyclists and found that six of the ten intersections with the most collisions are located in this district. The reason this seems to be so, in our minds, is because most streets in SOMA connect drivers who want to enter and exit local freeways. As such, SOMA’s streets have many speeding cars and large trucks, which are not compatible with pedestrians. Also, the booming development of housing and business in that area has caused its population to grow, along with that the area has seen a rise in accidents. Sadly, pedestrians are often hit in this thriving district as drivers negligently travel toward their destinations. But don’t forget accidents can occur when a pedestrian is distracted—and that pedestrian safety is a two-way street!.

Continue reading "Disabled Person Seriously Injured in San Francisco Intersection" »

All big cities are filled with a hustle and bustle throughout the day as cars, bikes, trolleys, buses, and pedestrians move about the streets as residents go about their business. The energy created by so much activity is exactly what draws many people to these urban areas. However, our San Francisco pedestrian accident lawyer knows that it the commotion on our streets can also be dangerous for those caught up in traveling accidents. For too often local drivers, bicyclists, and pedestrians suffer serious injuries or even death after crashes on and near our local roadways.

That appears to be what happened earlier this week to Sulpicio Jimenez, a 57-year old resident of San Francisco’s Outer Mission neighborhood. According to reports in the San Francisco Chronicle, the man was on foot crossing Mission Street near Excelsior Avenue shortly before seven in the evening when he was struck by a car. Local emergency crews rushed to the scene and the man was taken to a local hospital. However, there was little that could be done, and the man ultimately passed away from his injuries. Authorities are still investing this San Francisco car accident, and no arrests or other citations have been issued yet.

There are still too many unknowns about this latest tragedy to understand what legal issues might be involved. However, far too often drivers fail to recognize that they owe a duty of care to those pedestrians who are traveling nearby. Tens of thousands of pedestrians are injured or killed near roadways every year. More than other traveling incidents, San Francisco pedestrian accidents often involve particularly serious harm to those involved because walkers have no protection. A car does not have to be traveling very fast for it to cause immense damage to a pedestrian in its crosshairs.

The particular vulnerabilities of those who travel by foot are exactly why certain legal protections have been enacted by our legislature in an attempt to make our roadways safer for travelers. For example, it is illegal in our state to operate a car while using a cell phone. In addition, all drivers must yield the right of way to those in crosswalks, even when they are unmarked at an intersection. Drivers who violate these laws and hit those walking nearby are likely liable for the injuries that they cause. Our San Francisco car accident attorneys have worked on many cases where vehicles have negligently hit pedestrians. There are a wide variety of causes of these accidents, but upon close examination they can often be traced back to drivers who fail to abide by reasonable standard of care.

Most victims of these accidents and their families have a vague idea that they have a legal right to file a claim when another mistake led to their harm. However, many residents remain unsure about what they should do to protect those rights. To complicate things even more, insurance companies often get involved right away before some victims are able to determine what course of action is in their best interest. In virtually all cases it is beneficial to have seek the advice of a legal professional as soon as possible. There is no denying that the laws regarding pedestrian accidents can be confusing, and no local resident should go it alone.

See Our Related Blog Posts:

The Most Dangerous Places for Pedestrians in San Francisco

Strong San Francisco Pedestrian Advocacy Needed: One Pedestrian Death is One Too Many

Over the past two weeks a few serious pedestrian accidents occurred at different intersections in San Francisco. The first occurred last week in Duboce Triangle. A 59-year-old man, was struck and fatally injured by an SUV as he was crossing the street in that area. He was resident of the mission district, was a regular in the neighborhood where he was fatally injured, and, according to his friends, he was a beloved member of that community. Police stated that the driver of the SUV was not cited and that he stopped after the crash and cooperated with investigators. Also last week, a mother was walking with two children southbound on Third Street at Williams Street at around 3:30pm. She had one child next to her and her five-year-old was following behind her as they crossed the street. As they were crossing private shuttle bus was driving eastbound on Williams Street and stuck the5-year-old boy as it turned right onto Third Street. He was taken to a hospital with life-threatening injuries. The shuttle bus had one passenger who was not injured and the driver of the bus cooperated with the investigation. And this week, a pedestrian suffered suffered injuries after being struck by a car near the Haight-Ashbury district. The accident happened around midnight at the intersection of Page and Divisadero streets. The pedestrian was taken to the hospital with life-threatening injuries.

These accidents should be a reminder that of all the potential hazards to pedestrians, it is intersections that are riskiest of all. The major problem with intersections is that they are unanticipated or sudden requirement, and, in general, they are considered a necessary inconvenience by drivers. As a result drivers are not always patient and cautious when they reach them. What is more, most people feel intersections are an obstacle they feel forced to negotiate. Think about the psychology involved: Every person who arrives at an intersection is heading different directions with different purposes, and all trying to quickly get through on their way to their desired destination. For this reason, collisions regularly happen at intersections. So it is important for everyone who approaches an intersections become hyper vigilant, especially pedestrians. The following is a nice long list of tips for getting through intersections safely:
• Drivers need to remember that the law requires drivers to stop once someone has entered the crosswalk.
• A red light does not guarantee that vehicles will stop.
• drivers and pedestrians make eye contact with each other.
• Drivers should always yield to pedestrians at an intersection.
• When making a left turn, always yield the right-of-way to oncoming traffic.
• Leave enough space between your car and the one in front.
• Leave early, allowing extra travel time in case of delays.
• Remember: yellow lights mean stop unless it’s unsafe to do so.
• Look for—and expect to see-pedestrians, cyclists and motorcycles.
• Don’t make any sudden moves that might confuse another driver—or a cyclist or pedestrian.
• If you haven’t just seen the traffic light up ahead turn green, be ready to stop in case it changes to yellow.
• Always check your mirrors and look around. Slow down well in advance.
• Only go through a yellow light if it is unsafe to stop.
• Check the pedestrian signals—at most crosswalks the signal will change from a white figure to an red hand just before the light turns yellow, or will show how many seconds are left before the traffic light will change.
• Make sure you are always in the correct lane before a turn.
• Don’t change lanes in an intersection.
• Always use your turn signals well before you make a move, as it helps other drivers, cyclists and pedestrians know what you are doing.
• If you’re the first car to stop—make sure you remain behind the crosswalk.
• Ignore aggressive drivers—pay no attention if they’re honking their horns behind you.

Continue reading "The Most Dangerous Places for Pedestrians in San Francisco" »

Last Friday a MUNI bus struck and killed a pedestrian, according to sfgate.com. The crash occurred at 18th and Hartford around 2:30pm. It was unusual because there is not a bus route on Hartford Street. The bus was sent there from another place to act as a shuttle and ease commuter congestion on the F-line. The driver is undergoing routine drug and alcohol tests. Acting as a shuttle. The unidentified victim was described as being between 25 and 30 years old.

Our own observations of pedestrian accidents and our understanding of the research regarding the subject, has shown us that most pedestrian accidents occur in urban areas where there is a concentrated amount pedestrian activity. Therefore it makes sense that pedestrian deaths occur most often in urban settings, even if there seems to be a higher ratio of deaths to injuries in rural areas due to higher speeds on rural roads and limited access to trauma centers. Strange as it may sound, the most common crash scenario involves pedestrians crossing in front of a passenger vehicle that is traveling straight, which typically occurs in daylight and roads with speed limits below 40mph. What does make sense is that the majority of pedestrian deaths occur when it is dark or twilight and at locations other than intersections, where vehicle speeds may be higher and drivers do not expect to have to stop.

Usually, pedestrians are struck by the front of a vehicle. The outcome of such a situation depends on a few factors, which include the speed of the vehicle and how tall the pedestrian is. When a pedestrian is struck by a vehicle the initial contact tends to be with the bumper and/or the front edge of the hood, depending on the type of vehicle. When pedestrians are struck by larger, higher vehicles such SUVs or buses, the impact is higher on the body and typically leads serious injuries and higher risk of death. It is very easy for a bus to completely run over a person’s entire body in an instant at slow speed. Common driver errors that contribute to pedestrian accidents include disregarding a crosswalk, meaning drivers not paying attention to crosswalks, or at other points of an intersection or roadway, thereby creating significant risk of an accident.

We agree with pedestrian advocates when they propose extending the signal time available for pedestrians to cross at intersections as a way of reducing pedestrian accidents, especially for older pedestrians. Studies has found that providing pedestrians a 3-second head start through a leading pedestrian interval, a signal that allows pedestrians to begin crossing before the release of turning vehicles, reduces incidents between pedestrians and turning vehicles. Here in our own city we are proud of Walk SF, our pedestrian advocacy group, and hope this current MUNI accident strengthens and furthers their efforts to make San Francisco one of the most walkable cities in the country, as well as spur their goals of activism and influencing of public policy advocacy.

Continue reading "Strong San Francisco Pedestrian Adovacy Needed: One Pedestrian Death is One Too Many " »

Apropos our last blog, we would like to comment on other safety improvements created for San Francisco’s streets. Monday of this week, SFMTA crews have installed new continental crosswalks at the intersection of Harrison and Main streets, and the pedestrian countdown signals have been timed to give pedestrians a four second head start, according to a report by streetsblog.org. The report points out it has been seven years since advocates in Rincon Hill began lobbying the agency for changes following the death of retired sf state journalism professor Beverley Keyes (see: our blog on that particular accident). Harrison and main is notorious for being one of the more dangerous intersections in the city, and drivers often lose their patience at that spot, as it serves as four-lane westbound throughfare for people headed in that dirction, and there is a fifth eastbound lane that carries 12,000 drivers daily, most of whom are strictly headed to the bay bridge. Drivers routinely speed and block the crosswalk as they crawl towards their destinations. Three people have died there since 2003, and many others have been injured.

We are lucky that city officials are paying attention to the need for safety improvements and are figuring out ways, fiscally, to make them happen. But what about the rest of the country? We found some insight into that question in separate report by streetsblog.org that highlights the fact our country’s roads, bridges and transit systems are deteriorating, the effects of which are gradual and difficult to detect, and describes what will happen if government fails to act and spend money on the problem. As a result, we would like to share what we learned. According to the report, if government decides to defer maintenance costs, it will cost families and businesses directly. To be more specific, damaged roads lead to damaged private and commercial vehicles, and extra miles driven to avoid congested roadways lead to more money spent on gas, and unreliable roads lead to unreliable transit and commercial trucking routes, which will ultimately lead to diminished productivity becuase people won't arrive to work on time. And, if spending costs are reduced by a third, as Rep. John Mica has proposed, then by 2040 efficiency related losses are expected to directly result in the loss of 400,000 jobs. On top of that, if current investment trends stay the same, then by 2020 businesses would need to pay an extra $430 billion in transportation costs, household incomes would fall by $7,000 and U.S. exports would fall by $28 billion.

So it makes sense when economic experts proclaim that reducing infrastructure spending to ease the debt crisis will make the crisis worse than it already is, and that whether we borrow money or defer maintenance, either way, we would be transferring that cost on future generations. But the failure to do nothing will definitely erode our nation’s economy further, hurt our global economic competitiveness and degrade the quality of life for all. In this situation, less is definitely not more. It will be interesting to watch how this plays out, as there is no easy solution.

Continue reading "New Crosswalk for a Dangerous San Francisco Intersection, and Other Issues Regarding Road Improvements" »

Last week the SFMTA approved a measure to lower speed limits on Harrison and Bryant Streets from 30 mph to 24 mph, according to a report by streetsblog.org. We think that is a great idea and would like to point out a few impotant bits of information from that report. It turns out that pedestrian crashes are reported to be the most highly concentrated in this area. Last year, 240 people were injured and four were killed on SOMA’s streets—a situation that proves costly to the city. The Department of Public Health reported that the average price of admitting an injured pedestrian to the hospital is nearly $80,000, of which 76% is paid by public funds, and that at least 20 percent of pedestrian crashes go unreported. Hopefully this measure will improve safety in the area without costing the SFMTA too much, as they have less than $1 million in revenue available to them each year for pedestrian improvement projects, which, as they always claim, is their biggest hurdle. Other projects, like the proposed 15 mph school zone pilot, have been on hold as the agency waits for grants to do study and implementation. Lack of proper funding has been such an impediment to safety improvements, as well as good old fashioned bureaucracy, that the agency hopes to create change with the help of community groups and other city agencies, not just government funding, just like what took place for Cesar Chavez Street improvements.

Earlier this year, also according to streetsblog.org, the SFMTA approved a blue print to improve safety project on Cesar Chavez street, a project that had been in the works for five years and was created by the department of Public Works, the Public utilities Commission, and the SFMTA. They all worked together to build the project, and, for the all those who participated, it proved to be a powerfully inspiring example of what can happen when community groups band together. The safety plan includes cost-efficient features, such as bike lanes, a landscaped median, and sidewalk bulb-outs, as well as sewer pipe and lighting projects that have already been planned by the PUC. The changes will no doubt be a welcome sight for cyclists, drivers, pedestrians, and residents alike, as that stretch of road has been dangerous and unsightly for years, and was just becoming worse. Construction on the street portion of the plan is scheduled for the fall. New speed limits along the Embarcadero to 13th street at Harrison and the Embarcadero to 11th street at Bryant are also expected to receive approval from the SFTA in the near future.

With two to three people being hit by cars every day on San Francisco Streets, these changes are likely going to save lives and ease the economic toll from injury accidents. Pedestrian accidents alone have racked up millions of dollars worth of bills for injuries, and, as a consequence, advocates have urged safety measures be taken immediately. Residents can no longer afford to pay the price for living in a district with lacking safety conditions. San Francisco has been celebrated for being a walking city, but how can that be if you are four times more likely to die walking than if you are driving? Hopefully, the upcoming safety projects lower those statistics and help make walking safely in the city a reality for everyone.

Continue reading "Safety Improvements Scheduled for San Francisco Streets" »

Last week a cyclist ran a red light on the Embarcadero and hit a pedestrian, sending her to the hospital with a life threatening head injury. The cyclist was not injured and has not been cited or arrested for the infraction. The police may or may not file charges, as the investigation is pending. Here in California cyclists face the same potential legal repercussions a driver of a car involved in a car accident might face, if they were found to be responsible. Albie Esparza, the officer on the scene, pointed out cyclists need to remember to stop at every stop sign and every stop light, as they are considered a motor vehicle, with the human being acting as the motor. He also pointed out, in not so many words, that while officers do conduct traffic stops on cyclists, it just isn’t practical to go after a cyclist every time they commit infraction.

Often we hear about pedestrians who have been injured by cars, but few pedestrians are injured by cyclists. This kind of thing, however rare it may be, can happen to any cyclist and pedestrian at any moment. In their fight for their right to share on the road, some cyclists have forgotten the bigger picture: that everyone has the right expect others to follow the rules of the road and that drivers, cyclists, and pedestrians need to look out for each other. At the same time, however, the rules of safety on the road go both ways-- both drivers and non drivers need to be aware of traffic. It is true that pedestrians need to learn how to walk defensively in this city, as sidewalks are occupied by not just pedestrians. They are home to rollerbladers, skateboarders, scooters, and even segways. And the intersections between sidewalks include not only cars—there are bicycles, skateboarders, and scooters there, too. Pedestrians need to look out for their own safety and not assume cars and bicyclist are paying attention. It would be wise for all pedestrians in San Francisco to adapt situational awareness everywhere they walk. It is important for pedestrians to stay out of a driver’s blind spot, make eye contact with drivers when crossing busy streets, and cross the street only when it is safe, not only when the signal tells your or when you have the right of way. Keeping things in perspective is key. It doesn’t matter if you have the right of way when an inattentive driver comes along and runs over you. Being right isn’t always point out there in the streets. Staying alive is.

Continue reading "A Cyclist Injurs a Pedestrian--Not the Usual Type of San Francisco Bicycle Accident" »

Yesterday, a woman lying the tracks at Glen Park Station escaped with minor injuries after a train traveling at 30mph passed over her, according sfexaminer.com. Bart police shut down the station during the morning commute to determine how the woman managed to get on the tracks. The spokesman for Bart said that a train operator tried to slow down when he saw the woman standing up on the Glen Park tracks at around 8:15 a.m. The woman managed to lie flat on her back as the train traveled over her. Seven train cars passed over before she was able to climb up out of the tracks. When BART police found her she was covered in soot and distraught, but without major injuries. The woman was not a disabled or blind passenger. She went to the hospital for evaluation of her injuries. As a result of the incident, passengers traveling in all directions experienced major delays yesterday.

It is astonishing that the woman walked away without any major injuries. There has been several train accidents involving pedestrians in the Bay Area this year, and those victims were not as lucky. Common injuries from train accidents include brain injury, spinal cord injury, broken bones and fractures, internal organ damage, and death. Train accidents involving pedestrians usually occur because people, for whatever reason, either purposefully or by accident, wander onto train property and rights-of-way.

If you or someone you know sustained an injury related to a BART accident, or any other form of public transportation, please contact our firm for a free consultation. After sustaining a personal injury in accident involving BART or other public transportation, you want to make sure to hire an experienced personal injury attorney, as different municipal transportation case has different insurance procedures. Here at the Brod Law Firm we will be there to guide you through the process, make sure your rights are protected, and make it easy help you get the compensation you deserve.

According to different reports put out over the past week by sfexaminer.com , a few traffic collisions sent many to the emergency room. The most recent occurred over the weekend when a man was struck and killed by vehicle at the intersection of 18th and Mission streets on Saturday morning. Witnesses say a man driving a minivan fled after hitting the victim at around 10:3a.m. In a separate accident involving a pedestrian, an elderly woman was struck by a mail truck on Saturday morning at the intersection of 19th Avenue and Quintara Street in the Sunset district. She was taken to San Francisco General Hospital with life-threatening injuries. Last Monday a paratransit van was broadsided in Bernal Heights that morning, sending eight people to the hospital for precautionary reasons.

When you mix high volumes of traffic and large numbers of pedestrians in the same area, such as we have here in many districts in San Francisco, it is inevitable that someone gets hurt. According to the San Francisco Municipal Transportation Agency, there were more than 800 collisions involving pedestrians in 2008; pedestrians typically account for half the people killed in traffic collisions in San Francisco; more pedestrians are involved in collisions at intersections, on Fridays, during the month of December between the hours of 3:00p.m. and 6:00p.m; and the leading cause of non-fatal pedestrian injury collisions is motorist failure to yield. Consequently, the SFMTA has begun to implement a variety of measures to improve pedestrian safety, including installing new pedestrian signs, improved crosswalk markings, leading pedestrian signal intervals, pedestrian only signal phases, stop signs, audible pedestrian signals, red zones to improve sight distances, and traffic calming improvements.

If you or a loved one suffered an injury as a pedestrian, please contact our firm for a free consultation today. Our personal injury attorney understands how and why pedestrian accidents occur and is prepared to put the law on your side. After an accident, it is important that you contact our firm promptly so that we can act quickly to protect your rights.

According The Bay Citizen, earlier this week seniors were protesting at a dangerous intersection in San Francisco, the intersction at Third Street and Yosmite Street. On Wednesday of this week, a group of seniors stood at the intersection and held protest signs, demanding more senior-friendly crossings in all of San Francisco, not just that one. In fact, that intersection they protested has been the site of just one accident in the last five years, but that does not change the fact that seniors feel many intersections in the city, like that one, do not allow enough time for seniors to cross. All along Third Street it is dangerous to cross. Most seniors who cross third street only make it to the median, which is just a cement sliver in between tow sets of Muni tacks where the T-Train travels.

The protest comes on the heels of a national report that found seniors and minorities were the most likely to be hit and killed while walking on the strets. The study found that ove the past decade there were nearly 7,000 pedestrian deaths in California, and nearly 700 in San Francisco, Oakland, and Fremont. A spokesman for the San Francisco Municipal Transportation Agency says that crosswalk times are set by federal guidelines based on the length of the crosswalk and the type of intersection. He said that the agency has no plans to change the signal time. The signal at the Third Street intersection gives 20 seconds for pedestrians to cross five lanes of traffic, not an easy task for some seniors. Needless to say, many seniors are aftraid of crossing the street, regardless of the statistics and federal guidelines. Simply put, it is dangerous for them to cross large, busy intersections, and they risk their lives when they do.

If you or a loved one suffered an injury due to crossing at an unsafe intersection, please contact our qualified pedestrian accident attorney for a free consultation. Our firm has over 10 years experience representing injured pedestrians of all ages and helping them receive the compensation they deserve.

According to streetsblog, on December 10, 2004, as Katie Liddell was walking to her Portside apartment at Harrison and Main in Ricon Hill, she noticed emergency vehicles surrounding the intersection near there. As she approached, she came upon a terrifying scene: her neighbor had been hit and killed, and lie in the middle of the street with a tarp covering her body. The force of the big rig truck had thrown 63-year-old Beverly Kees out of the cross walk so violently that the impact killed her. Kees was a SF State journalism professor who had recently retired and lived across the street from Liddell in the Bay Crest Towers. The dog she had been walking was also hit and injured. It turns out that Kee’s doctor told her that she needed to walk more, so she asked her neighbor if she could walk her dog. Her neighbor walks a lot too and feels, like most San Franciscans who enjoy walking in the city, that pedestrians are considered an inconvenience.

The intersection of Harrison and Main is the kind of place that is dangerous in the one of the city’s densest neighbor hoods. Harrison serves as a four-lane westbound thoroughfare that carries 12,600 drivers daily, most of whom are headed to the bay bridge. During peak-hour traffic, drivers are continually seen speeding and blocking the crosswalk. Three people have died there since 2003, and many others have been injured. Voters are expected to vote on a street bond measure in November. If they approve the bond measure, some of that money will be directed to pedestrian safety improvements in District 6. The SFMTA is also planning some engineering measures that they expect to improve Harrison and Main, which include:
• A head start for pedestrians crossing Harrison Street.
• The flashing red hand will now count down from 15 seconds instead of the current 9 seconds for pedestrians.
• Painting white continental crosswalks at the intersection.
• Pursuing legislation for No U-Turns for eastbound Harrison Street at Main Street.

Here at the Brod Law Firm, we fully support any effort to change a dangerous, traffic clogged neighborhood and make it better for everyone, especially the pedestrains who reside there. We hope to see some positive changes soon. Every neighborhood needs this kind of advocacy and change. For now it remains a small step in terms of improving the quality of life in San Francisco neighborhoods, but it speaks volumes in terms of city officials waking up to the need for change. If you have been injured in an accident in San Francisco, please contact our firm for a free consultation. Whether you were injured while walking, driving, or cycling, our personal injury attorney has the experience to handle any type of claim. We have over 10 years experience helping injured clients successfully settle their claims, and we will work hard to get you the compensation you deserve.

Yesterday, a southbound Caltrain struck and killed a man in San Mateo Thursday morning, according to the San Francisco Examiner. Train No. 198 left San Francisco station at 12:01 a.m. and hit the pedestrian on the tracks about 100 yards north of 25th Avenue at around 1am. Authorities are investigating how the man ended up on the tracks. There were 62 passengers on the train at the time of the incident, which continued southbound shortly after 2 a.m. and made all scheduled stops.

When a train accident occurs and you are injured or a family member is injured or killed, you may think that seeking monetary damages is an inadequate form of compensation, but monetary compensation can help pay for the medical bills and living needs of the train accident victim’s family. Victims injured by a train need to prove, with the aid of an attorney, that the defendants failed to act in a carful manner when they had a duty to do so and that the accident caused their injuries. Since each train crash is different, and each victim’s injuries and losses are unique, the types of damages available in each train crash will be different. An attorney can help you decide which kind of damages you should seek, such as medical bills and health care costs, future health care costs, property damage, impaired earning capacity, lost wages, pain and suffering, life care, and wrongful death. And because each train accident is unique, as they can have a single cause or multiple causes, a qualified and experienced attorney can decipher, with the help of accident reconstructionists, engineers and other experts, all the parties that can be held liable for a victim’s injuries.

Here at the Brod Law Firm, we have litigated and settled a large number of personal injury claims on our clients’ behalf, and we are able put our legal expertise to work on any personal injury case, including train accidnets. If you or a family member suffered an injury due to the negligence of another, please contact our firm. Our firm will work hard on your claim to get you the compensation you deserve for your injuries, and we will fight on your behalf in court when a settlement is not possible

According to SFWeekly, a speeding driver suffering from a bout of road rage beat a woman and her boyfriend walking through the Excelsior neighborhood earlier this week. Early that morning, the couple was walking across the street at Persia Avenue and Madrid Street when a driver speeding in a green car sped passed them. The woman looked at the driver and yelled out “whoa.” Then the driver made a U-turn, stopped the car, got out, and started beating the woman. The passenger of the car also jumped in on the attack and began punching the woman. The victim’s boyfriend tried to help her, but the men punched him and broke his nose. Both suspects got back into the car and sped off. But the best part of the story is what happened next, an incident of sweet justice that underlines the fact that many criminals are not so smart: one of the men left his driver’s license and DMV papers on the street where the beating occurred. Amazingly, at that moment, the couple still had their wits about them, and they were able to grab the papers and call the police, who were able to broadcast the name of one of the suspects. Both men were quickly found and arrested. The cops described the incident as “the best arrest of the day.”

The inability to handle anger, and/or deflect it, is usually the major factor behind road rage. More often than not, the typical road rager may be violent in other parts of his or her life, and exhibit one or all of the following personality traits—selfish, addicted to power, angry, and vindictive. But sometimes just the tension of a daily commute can turn a normally calm person into a road rager. Whatever the case may be, it is obvious that there is a need for anger management on the roads so that fewer drivers and pedestrians are victimized. Here at the Brod Law Firm, we heard many stories of car accidents that were either the direct or indirect result of road rage. If you or loved one suffered an injury due to a car accident, contact our firm for a free consultation today.

Last Saturday a train hit a truck in Watsonville at Kirby and Elkhorn road just after 1pm. The engineer did try to apply the emergency system to bring the train to a stop, but there was not enough time to do so. The train ended up hitting the truck at approximately 50 miles per hour. Both people in the pick-up died at the scene. Nobody on the train was hurt. The specific cause of the collision is still under investigation, but CHP said the driver wasn’t speeding and doesn’t believe she was under the influence.

According to the Federal Railroad Administration Office of Safety Analysis (FRAOSA), Highway-rail and trespassing incidents account for 95.46% of all fatalities, and highway-rail incidents represent 17.73% of all reported events. As defined by the FRAOSA, a highway-rail incident is any impact between a rail and a highway user at a crossing site, regardless of severity and includes motor vehicles and other highway/roadway/sidewalk users at both public and private crossings. In 2010, there were 1817 incidents, 245 fatalities and 751 nonfatal incidents at crossings, and 428 fatalities and 351 incidents at non-crossings.

Here at the Brod Law Firm, we are usually surprised by reports of train-crossing accidents, as it is hard to comprehend how a train could sneak up on someone. However train accidents, such as the one that happened over the weekend, and the above statistics prove that they happen more than one would think, which underlies the need for learning life-saving practices to help avoid a collision with a train. The following are a few safety tips to keep in mind the next time you approach a railroad crossing:
• Never drive around a crossing gate that is down
• If you drive into the crossing and the gate behind you comes down, keep driving, even if that means you have to break the crossing gate in front of you.
• Remember that any time is train time.
• Always listen and look both ways twice at a crossing.
• It is your responsibility to avoid a train since it can not avoid you
• Don’t be fooled by train distance--a train is always moving faster and is much closer than you think.
If you or someone you love suffered injuries due to a collision with train, contact our firm. We have over ten years experience helping victims of train accidents receive the compensation they deserve.

According to sfexaminer.com, on average, 22 pedestrians are killed each year in San Francisco and 800 are injured, which means over two walkers are hurt every day on city streets. Almost 50 percent of all traffic deaths in San Francisco are pedestrians, an amount more than four times the national average. Pedestrian accidents in San Francisco cost the city millions every year. To address this point, Mayor Gavin Newsom issued an executive directive that outlines goals to cut down serious traffic injuries and fatalities 25 percent by 2016, and 50 percent by 2021.

The directive states nine short-term goals, one of which includes a plan to reduce speed limits in school zones to 15 mph, the threshold for which pedestrians can struck by a car and survive, according to Walk SF. The directive also orders new approaches to secure funding for traffic-calming projects, stronger emphasis of pedestrian realms in all planning projects, and increased outreach with community organizations. Newsom is also creating a new Pedestrian Safety Task Force, which will be comprised of officials from SFMTA, the Department of Public Health, the San Francisco Police Department and other city agencies. He also wants a coordinated Citywide Pedestrian Action Plan to be established within 12 months.

Considering the fact that pedestrians account for about half the people killed in traffic collisions in San Francisco, it goes without saying that spending time and money to prevent such accidents is time and money well spent. At the same time this new directive will ultimately save the city money, money it usually spends to settle accident claims--it is estimated that collisions on San Francisco Streets cost the city $280 million a year, or about $350 per resident per year. Included in those costs are medical care, property damage, insurance expenses and loss of income. If you or a loved one suffered an injury due to a collision on the street, please contact our firm. We have over 10 experience winning injured pedestrians the compensation they deserve.

According to streetsblog.com, surveillance video from a Tenderloin market shows a 65-year-old woman, who clearly had the right of way, in the crosswalk on Geary Boulevard and Leavenworth Street Wednesday afternoon when the driver of a UCSF shuttle bus loaded with passengers made a left turn onto Geary and struck and killed her. Suman Dhakal, who works at Star Market on the southeast corner, played the video for streetsblog before turning it over to SFPD investigators. It looks like it’s the driver’s fault from the shop video, because the light was a green and the woman was right in front of the bus. Dhakal said he thought that the driver was not paying attention, but, from looking at the video, it looks like he should have seen the lady.

What is particularly grim about this accident is the driver hit her once and then, perhaps out of fear, panic, and confusion, backed up and hit her again. Elizabeth Stampe, the executive director of Walk SF, said that the intersection of Geary and Leavenworth has been a troublesome spot for years. Dhakal said that he sees minor crashes and near misses on a daily basis. Most intersections like this one, intersections where a pedestrian walks alongside fast-moving, one-way traffic, are very dangerous indeed. Most drivers forget to slow down when they begin to turn, and slow down only when they see a pedestrian a few inches in front of them, which often leaves little time to safely stop. Like that shop owner at Geary and Leavenworth, you’re likely to see near misses at all these types of intersections. What is needed at intersections like this one is better street design, design that makes pedestrians a top priority and drivers aware.

Whether you have been injured or harmed in a pedestrian accident or whether you are the relative of someone injured as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. At the Brod Law Firm we can help you get the compensation that you deserve. It is important to hire an attorney right away after an accident, so that your attorney may take statements from witnesses and have enough time to prepare a solid case. If you are unsure if you have grounds for a claim, please call us for a free consultation.

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.

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.

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).