September 25, 2009

San Francisco Injury Attorney Predicts Fewer Injury Accidents on San Francisco's Streets

Apropos my last blog, there are two other projects underway in the City of San Francisco that focus on the safety and well-being of both its residents and visitors. One project, adopted by the Board of Supervisors on February 6, 2006 and appropriately called Better Streets, is a joint effort by several city agencies to improve the design of San Francisco's streets and sidewalks and was. Since that time, Better Streets has created a collection of street types which are a great improvement over our current automobile-centered street scheme and focus on the appropriate use of land (i.e. residential, commercial and industrial), the efficiency of street width and the street's role in the transportation system. The highlights and benefits that stand out most to us here at the Brod Law Firm are the ones that focus on safety, though there are many others--such as its support of neighborliness, civic interaction , community identity, and the enhancement of the quality of life for San Francisco’s residents and local businesses—and they are:
• The Design of sidewalks and medians, pedestrian safety and accessibility features, ways to mange storm water in the right-of –way, design and placement of streetscape elements such as street trees, lighting ,benches, and more
• Decreased likelihood of pedestrian/auto collisions injuries and fatalities
• Increased accessibility for all street users, create settings that make it safe and easy to be physically active and enhance the everyday quality of life for San Francisco Residents.
• Increased Space for public life, including safe useable public seating for neighborhood gathering, generous curb extensions for seating and landscaping , reclaiming of excess street space for public use, space for outdoor café and restaurant seating and merchant displays.
• The Integration of pedestrians with transit and available transit rider amenities at key stops.
• Safe convenient pedestrian routes to transit mutual features that benefit pedestrian safety and comfort and transit operations such as bus bulb outs and boarding islands.
• The promotion of public safety, an ‘eyes on the street ‘ approach that will enhance residents sense of safety and security from crime and violence.

The other project called the Valencia Streetscape Improvements Project spans from 15th Street to 19th Street and is intended to provide a safer, more inviting environment for its users. Back in 2004, the Municipal Transportation Agency (MTA) secured an Environmental Justice Grant from Caltrans to develop a Pedestrian Safety Plan for Valencia Street. The MTA held four meeting in 2004-2005 in the community, whereby the community expressed a strong desire to widen the sidewalks along Valencia Street and improve the streetscape. Then in spring 2006, MTA Planning and the Department of Public Work’s (CPW) Great Streets Program teamed up to create a collaborative vision for all users of Valencia Street. Eventually the project secured funding through a multi-year federal transportation bill, two federal Transportation for Livable Communities (TLC) grants and local support. Last month the project began and will move block by block over the next nine months, during which time the Department of Public Works crews will: remove the striped center median, widen the sidewalk, add bulb-outs at some intersections and in the middle of some blocks, and add pedestrian scale lighting, art elements, bike racks (assuming the injunction mentioned in my last blog is lifted), and new street trees, widen Parking lanes to prevent dooring of bicyclists, and add curbside loading zones for trucks.
As we move into the future, a future concerned with global and environmental issues, we consider all these changes to our city’s streets—especially those concerned with safety-- critical not only for our city but for the all communities everywhere that want to create sustainable living environments . By redesigning our city around public transportation and creating walkable and bikeable streets, we can change our city into a safe, healthy, livable and affordable one, thereby providing an example to other cities here and around the globe interested in doing the same.

December 12, 2008

Keeping Safe During the Holiday Season and Taking Note of Unpredictable Injuries

Every year there are people who are needlessly injured due to accidents involving holiday festivities. And every year the public is urged to use caution while preparing for festivities during the hectic holiday season. Accidents run the gamut from bumps and scrapes while running errands or shopping; to traffic accidents while racing to the airport or while driving on a crowded road with other drivers who may have illegal blood alcohol levels; to falls, cuts, electrical shocks and burns from putting up holiday decorations. However, there are some accidents that no one can foresee or prepare to avoid. An example of this type of accident occurred recently and involved a security guard who was trampled to death by customers at a Walmart in New York over this past thanksgiving holiday. Tragically, Jdimytai Damour, age 34, who was hired by a temporary agency to serve as a security guard for Walmart, died of asphyxiation when a crowd of customers, eager to purchase discounted items, crushed him as they busted through the doors for the start of the day after Thanksgiving sale.

Ironically, this poor young man needed protection from the public he was hired to protect. Why wasn’t anyone around to protect him? This is the question that this young man’s family will be asking in part of a wrongful death case they have filed against Walmart. Attorneys for the plaintiff’s family accuse Walmart of failing to provide a safe workplace and creating an atmosphere of chaos, both of which the plaintiff’s attorneys believe Walmart had an awareness, as they had erected barricades at the front entrance due to past experience with problems involving holiday crowds. According an article by the Associated Press, the lawsuit claims that Walmart “engaged in specific marketing and advertising techniques to attract a large crowd and create an atmosphere of frenzy and mayhem and was otherwise careless, reckless and negligent”. Here at the Brod Law Firm, we agree with the plaintiff’s attorneys regarding Walmart’s reckless and negligent conduct. As in any wrongful death case, even if there was no direct intention by Walmart to harm, Walmart can be held liable in part, if not entirely, for the death of the victim. A wrongful death suit probably can’t take away the grief the victim’s family members feel, but we hope, that by proving Walmart is in some way accountable for the death of this young man, the lawsuit can ease some of family’s confusion and suffering.