Pedestrian Accident

The Danger of Pedestrian Train Crashes

May 13, 2015 | Gregory J. Brod

When we mention train safety, people often focus on the possibility of a collision between a train and a car or similar motor vehicle. However, train safety is also about pedestrians. As a developing story reminds us, pedestrian train accidents are a very real, often fatal, threat. Our San Francisco train accident attorney stands ready to help when a pedestrian rail crash stems from the actions (or inaction) of a careless conductor, a risky corporate policy (formal or informal), or another negligent decision that puts innocent pedestrians at risk.

Muni Light Rail Car Hits and Kills San Francisco Boy

A tragic accident stunned San Francisco’s Ocean View neighborhood on Tuesday when a child pedestrian was hit by a Muni vehicle and died at the scene. At the time of this writing, the facts were slowly unfolding and the story still developing. The San Francisco Chronicle was reporting that a 12 year-old boy had been hit by a Muni light rail vehicle near San Jose and Lakeview avenues. Officials told reporters that the boy was running through the crosswalk to catch another train to get to school at the time of the incident. Muni service in the area was stopped while the medical examiner responded.

Pedestrians and Drunk Drivers: A Dangerous, Often Deadly, Mix

April 28, 2015 | Gregory J. Brod

There are few activities that involve more trust than the simple act of crossing the street. While we learn at an early age that we should look both ways before crossing, we still trust that stopped vehicles will remain stopped and that people will heed basic traffic laws. Very few drivers set out to hurt or kill a pedestrian. Yet, people continue to drive drunk, an act that violates the trust of every single pedestrian. As a Sonoma pedestrian accident attorney, Greg Brod is dedicated to fighting on behalf of pedestrians hit by drunk drivers and holding drivers accountable when they violate our trust and endanger us all.

Petaluma Pedestrian Hit By Suspected Drunk Driver

Late last week, The Press Democrat reported on an accident involving a suspected drunk driver and an elderly pedestrian. According to police, 85 year-old George Stucky was badly injured when hit while using a crosswalk at the intersection of Petaluma Boulevard North and East Washington Street in Petaluma on Thursday at 5:16 P.M. Police say an unidentified driver was stopped at the intersection, apparently waiting for Stucky to cross before making a left turn onto Washington Street. Allegedly, 48 year-old William Atkinson hit Stucky when Atkinson drove around the stopped vehicle in order to make the same left-hand turn. Police suspect Atkinson had been drinking; he was transported to an area hospital for a blood-alcohol test before being booked on suspicion of felony drunk driving involving injury. As of late Thursday, Stucky was being treated at Santa Rosa Memorial Hospital and listed in stable condition.

A Focus on the Victim and the Implications of a Crash Caused By a Suspect Fleeing the Police

April 14, 2015 | Gregory J. Brod

At times, it seems like reading the paper or watching the news requires a level of detachment. With so many stories of personal tragedy, connecting emotionally with every report can be overwhelming. Yet, connecting the story to the law is a key part of what we do at our San Francisco wrongful death law firm. Connecting allows us to serve our clients on the emotional, as well as the legal, journey that follows tragedy. Ensuring the jury connects with the plaintiff and/or victim can help us recover compensation for the client. A personalized story can also drive home a message about accident prevention. Today, we look at the story and the law behind a recent pedestrian fatality and we consider the potential legal implications for an accident caused by someone fleeing the police.

Kind, Warm-Hearted Woman Killed in Pedestrian Crash

Last Friday, a 42-year-old female pedestrian was struck and killed in San Francisco’s Financial District. On Monday, one of the headline stories on the San Francisco Chronicle website took a closer look at the victim and the fatal accident. At around 10 P.M., police say three men held up an individual near the intersection of Clay and Larkin. Shortly thereafter, officers attempted to pull the trio over and the suspects fled in a Toyota Corolla. Around the same time, Bridget Klecher was walking in the Financial District after dining with a friend. With police in pursuit, the Toyota sped north on Leavenworth Street and plowed into Klecher as she crossed near Kearny Street. The vehicle continued fleeing and hit another person at Post and Powell Streets before the suspects abandoned the car on Treasure Island. While the second victim is expected to survive, Kearney later died at San Francisco General Hospital.

Crosswalks & Pedestrian Safety

March 13, 2015 | Gregory J. Brod

At the Brod Law Firm, we are more than a personal injury law office, we are a personal safety law office. We work to get compensation for those who are paying the price for someone else’s negligence, including families of those who paid the very highest price. We are also advocates for safety, encouraging people to take steps to prevent accidents. We believe in preventing people from causing accidents and also helping people avoid becoming victims. Safety tips are rarely perfect, but that doesn’t mean they shouldn’t still be followed, a truth that came to mind as our Santa Rosa pedestrian injury lawyer learned about a recent accident and explored the evidence regarding crosswalk injuries.

Crosswalk Crash Leaves Girl in Critical Condition Last Sunday night, a Santa Rosa family was walking to their car after visiting with relatives when their world was suddenly shattered by a terrible accident. The Press Democrat reports that the father and son had already crossed Petaluma Hill Road in the vicinity of Breeze Way and the mother and 6 year-old daughter were walking hand-in-hand through the crosswalk when tragedy struck. Police say the pedestrian warning lights were activated when a northbound car approached the crosswalk. Reportedly the driver saw the mother and daughter at the last moment and applied his brakes but he still hit the little girl, despite the duo’s attempt to jump out of the way. The child was thrown approximately 25 feet up the road. She was initially taken to Santa Rosa Memorial Hospital and then flown to Children’s Hospital in Oakland. As of Tuesday, she remained hospitalized with critical, life-threatening injuries. An investigation into the crash is underway and the driver is cooperating with police.

The NHTSA on Crosswalk Safety Despite Sunday’s accident, we strongly recommend pedestrians use (and localities install/maintain) crosswalks. In June 2008, the National Highway Traffic Safety Administration published a National Pedestrian Crash Report aimed at analyzing trends in pedestrian accidents between 1997 and 2006. The research found that only 9% of pedestrian fatalities occurred in crosswalks compared to 80% occurring in roadways. The report concludes: “This indicates that using a crosswalk is the safest way to cross a street.” Many other research pieces and safety guides from the NHTSA echo this sentiment, such as a 2012 Consumer Advisory that urges pedestrians to “walk with care” and use crosswalks whenever possible.

The Importance of Fact-Gathering in Injury Law

December 10, 2014 | Gregory J. Brod

One of the key parts of our job as an injury law firm is gathering evidence to help reconstruct life-changing moments. In the majority of cases, no one expected these moments to occur and it is only afterwards that the importance of the minutes or even seconds of an incident is realized. Fact-gathering is an important part of our work as an Oakland injury law firm and being brought onto a case in a timely fashion ensures we can collect the evidence necessary to help our client recover needed compensation.

A Fact-Intensive Hearing in an Oakland Hit-and-Run

While focused on a pending criminal case (versus our work in civil court), a recent news report serves as a reminder that injury law is very fact-intensive. An Oakland Tribune report details some of the pieces of evidence that led a Santa Cruz County Superior Court to rule that there is enough evidence to have Oakland-resident Joanna Steele stand trial for the hit-and-run death of 70 year-old Adolfo “Adolf” Galvan. The incident occurred on August 24 on Pacific Avenue and Galvan spent 11 days in a coma before passing. Evidence presented at the preliminary hearing included: Testimony of a police officer who interviewed Steele after the incident and told the court she first denied and then later admitted to driving the vehicle believed to be involved in the crash; Records of a test that put Steele’s blood alcohol level at 0.15 three hours after the crash; Testimony of two brothers who together reported witnessing the moments before, during, and after a truck collided with a pedestrian sending him flying into the air; and Video recordings of the truck from a short period prior to the crash.

Caught on Tape – Using Video Evidence in Support of a California Personal Injury Claim

November 7, 2014 | Gregory J. Brod

The heart of personal injury law lies at the intersection of the law and the facts. At the Brod Law Firm, we pride ourselves on knowing the law and on our ability to gather evidence to support our client’s claim for monetary compensation. Two important precepts that govern litigation are: 1) Evidence is not simply what happened, but what can be proven; and 2) If it isn’t in evidence (including testimonial evidence and all other forms) then, as far as the court is concerned, it didn’t happen. Surveillance video evidence is among the most powerful forms of evidence in the personal injury arena and a side effect of our digital world is that it isn’t unusual to have an injury-causing event captured on camera. When video evidence is available, our San Francisco personal injury lawyer works to obtain the video and to ensure the video fits together with all the evidence to tell our client’s story and, ultimately, help our client recover all the compensation the law allows.

Video May Hold Clues to Jogger’s Death

A surveillance video may prove critical to understanding what led to the death of a pedestrian in San Francisco on Thursday morning. As reported in The San Francisco Chronicle, 51 year-old Lori Helmer was jogging when she was struck by a Golden Gate Transit bus at 6:15 A.M. According to police, the bus was making a left turn to head northbound on Van Ness Avenue from eastbound Lombard Street. There is a traffic light at the intersection, but it is not yet clear what color light the bus had when it made the turn. Helmer was in or near the crosswalk at the time of impact.

On Halloween, Trick-or-Treaters Must Beware of Dangers on the Road

October 31, 2014 | Gregory J. Brod

Our children are very precious to us, and we want them to enjoy their childhood, including such child-pleasing major events as Halloween. But while the kids love Halloween, the occasion can be fraught with danger, too, for trick-or-treaters out to have a good time on an evening that does not have the best record when it comes to traffic safety. As a parent, San Francisco pedestrian accident attorney Gregory J. Brod, has the same concerns that every parent has for their children to have a fun yet safe time on Halloween.

As it is, evening hours are already among the most deadly on the road, and if a driver impaired by alcohol or controlled substances is a factor, that can make a bad situation even worse. According to the National Highway Traffic Safety Administration, the combination of drinking and increased pedestrian traffic on Halloween has been a particularly dangerous one. On Halloween of 2012 alone, 54 people died in crashes in the United States. Of those fatalities, 26, or nearly half, involved a collision with a drunken driver. By comparison, on an average day, one-third of all traffic fatalities involve a drunken driver. In addition, 28 percent of Halloween collision fatalities were pedestrians, whereas, on an average day, that figure stands at 14 percent. During the period from 2008 to 2012, 21 percent of pedestrian deaths on Halloween night involved a drunken driver.

And the perils that Halloween poses extends into the next day, as Daylight Savings Time ends, because of the earlier onset of evening hours. It cannot be underestimated how dangerous evening hours are for pedestrians relative to the remainder of a day: the majority of pedestrian fatalities occur when it is dark, including 24 percent from 4 p.m. to 8 p.m. and another 32 percent from 8 p.m. to midnight.

The NHTSA offers the following key tips for pedestrians, particularly young trick-or-treaters and their parents, to stay safe on Halloween:

All children out on Halloween night and under the age of 12 should have adult supervision.
Children should stick to familiar areas that are well lit and trick-or-treat in groups.
When possible, face paint is preferable to masks, because masks can obstruct a child’s vision.
Decorate costumes with reflective tape and equip children with glow sticks or flashlights.
Always cross the street at corners, use traffic signals and crosswalks, and make sure to look left, right and left again when crossing; continue looking as you cross.

Compensation & Change: Our Law Firm’s Goals Following a Pedestrian Death

October 31, 2014 | Gregory J. Brod

Sometimes it takes a tragedy that really hits home in order to lead to meaningful change. As advocates for safer roads who believe that commitment includes the full-range of travelers, the Brod Law Firm team is always saddened to hear about pedestrian deaths. We believe our work as a San Francisco pedestrian death law firm not only compensates victims but deters future tragedies. Our hearts go out to those impacted by the recent tragedy and we hope the death of a City Hall employee inspires meaningful changes that will make the streets safer for everyone.

Veteran City Employee Hit and Killed by Motorized Cable Car While Walking Near City Hall

As CBS San Francisco reports, officials continue to investigate the collision between a motorized cable car and a pedestrian on Thursday October 23. It was approximately 11:30 A.M. when the cable car struck 68 year-old Priscila “Precy” Moreto in a crosswalk near San Francisco’s City Hall, by the intersection of Polk and McAllister streets. Moreto, an accountant and longtime employee of the City Controller’s Office, was taken to the hospital in critical condition and died as a result of her injuries.

Older Pedestrians: Accident Statistics & Legal Rights

October 22, 2014 | Gregory J. Brod

San Francisco is consistently listed as one of America’s most walkable cities (see e.g., CBS article ranking San Francisco #4 in June 2014). Walkability attracts both residents and tourists to our region. Pedestrian accidents are one of the biggest threats to walkability. Older pedestrians in particular deserve extra deference from drivers. Walking can keep aging bodies healthy and choosing two feet over four wheels might be safer for some. Our San Francisco pedestrian accident law firm represents injured elderly pedestrians and families who have lost an older relative in these terrible crashes.

Older Pedestrian Killed in San Francisco

Early Tuesday morning, a man in his 70s was hit and killed near the intersection of Sloat Boulevard and 43rd Avenue. ABC7 reported that the accident occurred just before 7 A.M., approximately one-quarter mile from the Zoo. Police believe the man, who lived on Sloat Blvd., was taking his morning walk. The driver was going west on Sloat, travelling the speed limit towards the ocean, when the pedestrian began crossing. Police say the pedestrian crossed mid-block and was not in the crosswalk. Light may have been a factor, daylight was breaking and fog keeps the beach area darker longer. However, the area is generally well-lit and accidents there are not common. At the time of the article, the driver was cooperating.

San Mateo Collision Is Example of Perils for Pedestrians That Go Beyond Crosswalks

September 11, 2014 | Gregory J. Brod

As we have seen on these pages numerous times, the act of being a pedestrian is not an easy one, at least not on American streets. But as San Francisco pedestrian accident attorney Gregory J. Brod would point out, there are multiple perils that can prove dangerous for a pedestrian that go beyond our city streets and crosswalks. Indeed, as we saw on Wednesday morning in San Mateo in one of the more bizarre incidents, pedestrians can even run the risk of getting hurt when they are on the sidewalk.

The incident in question occurred at about 10:30 a.m. when, according to the San Jose Mercury News, a group of five teachers and 15 students from Hillsdale High School were walking on the 300 block of West Hillsdale Boulevard in San Mateo on a school field trip and one student teacher and three special needs teenage boys, ages 15, 16 and 18, were struck by a car that inexplicably veered onto the sidewalk.

The student teacher, a 28-year-old woman, suffered head trauma and broken bones. The three teenage students suffered minor injuries, including abrasions and lacerations. The four were about one block from their school when a car driving west on west Hillsdale by a 53-year-old man suddenly turned onto the sidewalk, striking the quartet.

According to San Mateo police, the driver was driving through the neighborhood west on Hillsdale Boulevard when he failed to follow a curve on the roadway, ended up on the sidewalk, and hit the teacher and trio of students as well as a lightpole. Police said that the motorist followed an erratic course not to miss a roadway hazard, and the crash does not appear to have been an intentional act.

The crash is still under investigation and police do not yet know what caused the motorist to take an errant course. Both the driver and the pedestrians were taken to area hospitals. The driver remained in police custody, but he has not yet been arrested on any specific charges. Police have also not indicated whether they believed that drugs or alcohol were a factor in the collision.

There are some sobering statistics on the perils that pedestrians face on the streets and sidewalks in the United States, including these from the National Highway Traffic Safety Administration:

There were 4,280 pedestrians who died in traffic crashes in 2010, a 4 percent increase from the total reported in 2009.
In 2011, an estimated 69,000 pedestrians were injured on streets and sidewalks; 11,000 of those were children age 14 or younger, and males accounted for 65 percent of that total.
In 2009, 16 percent of all traffic fatalities in the United States were suffered by people 65 or older.