San Francisco Injury Lawyer Blog

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.

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

Posted In: Bicycle Accidents , Car and Auto Accidents , Motorcycle Accidents , Pedestrian Accidents

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

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

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

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