San Francisco Injury Lawyer Blog

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

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Posted In: Pedestrian Accident , Pedestrian Accidents , Personal Injury , Wrongful Death

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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.

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Posted In: Car and Auto Accidents , Pedestrian Accident , Pedestrian Accidents , Personal Injury

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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.

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Posted In: Pedestrian Accidents , Personal Injury , Train Accidents

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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.

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Posted In: Pedestrian Accidents

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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.

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Posted In: Pedestrian Accidents

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German scientists have unveiled a self-driving car. They say that the days of humans behind the wheel are numbered, that the cars of today are the horses of yesterday, and that this new technology can slash accidents and help the environment. In addition they claim this new technology will sharply reduce the number of cars on the road, suggesting that people will no longer need their own vehicles so much and will used driverless cars pooled in car-share schemes, instead. They predict that the new technology could be applied to private areas like airports in 10 years, on motorways in 10-20 years, and in cities (once all the obstacles are removed) in 23-30 years. The cars, called the “Made in Germany (MIG), use cameras, laser scanners, heat sensors and satellite navigation to see other vehicles, cyclists, and pedestrians, and respond to traffic lights.
Google engineers have recently introduced their own driverless car that uses artificial-intelligence software that can sense anything near the car and mimic the decisions made by a human driver. So far seven test cars have driven 1,000 miles without human intervention, although someone was behind the wheel in case something went awry, and more than 140,000 miles with only occasional human control. Google’s researchers do not have a clear plan on how to create a business plan using the cars, but the project's inventor, 43 year old director of Stanford Artificial Intelligence laboratory, Google engineer, and co-inventor of the Street View mapping service, is a passionate promoters of the use of robotic vehicles to make highways safer and lower the nation’s energy costs, which also happens to be a commitment shared by Google’s co-founder Larry Page.
Here at the Brod Law Firm we think these cars are a great idea in regards to public safety. For example a human can only see one or two cars in front of them, while these driverless cars can see in all directions at a range of 70 yards. At the same time however, it still remains to be seen how reliable they will turn out to be. Also this technology brings up legal questions. Current law currently states that a human must be in control of a car at all times. So what does it mean if a human is not really driving the car, say, when the car malfunctions and gets into an accident? Google researchers claim to have figured that one out; they say they have carefully examined California’s motor vehicle regulations and determined that because a human driver can override any error, the experimental cars are legal.

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Posted In: Car and Auto Accidents , Motorcycle Accidents , Pedestrian Accidents , Personal Injury , Rollovers , Vehicle Rollovers , Wrongful Death

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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.

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Posted In: Bicycle Accidents , Pedestrian Accidents , Personal Injury

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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.

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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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