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San Francisco Personal Injury Law Blog

Fatal Crash by UCSF Shuttle Driver: Distracted Driving

  • 26
  • January
    2012

shuttle4.jpgDistracted driving is one of my main topics lately on this blog for a reason.  Distracted driving is the cause of many automobile collisions, including fatal collisions.  In a recent post last month, I was happy to learn that due to concerns about distracted driving the NTSB recommends a ban on personal devices.  The NTSB has a focus on safety and that focus does not seem to be watered down by politics or inconvenience to cell phone users. Should all cell phone use be banned, even hands free cell phone use? This is an interesting debate and I would appreciate my readers adding their views.

Texting while driving remains a huge issue, but simple chatting with a passenger may have been the cause of a UCSF Shuttle driver fatal crash in July which left 52-year-old psychiatrist Dr. Kevin Allen Mack dead.  Apparently, while he was distracted by a conversation with a passenger,  the shuttle driver ran a red light, and crashed into a big-rig truck which threw Mack from the vehicle upon impact.  While I know that we can never make conversation in the vehicle illegal, I do wish to urge all drivers to maintain a proper lookout and to always keep your eyes on the road and your mind on your driving. A moment's distraction can cause massive destruction.

While it is not every day that you hear of a friendly passenger in a shuttle needing to fear for his life for answering questions by a friendly, interested driver, this incident makes you wonder if more factors in addition to distracted driving came into play in this collision.  What about the safety of the shuttle bus itself?  This was, in fact, not the only fatal crash by a UCSF driver this year.

As a San Francisco Automobile Accident Attorney, I am glad that the owners of the shuttle service are trying to improve safety--by admitting that although seat belts are not required on shuttle buses, they will be installed as safety devices in the wake of Mack's death.

About the author: Claude Wyle is an aggressive advocate for San Francisco pedestrians, cyclists and motorists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco Wrongful Death Attorney, has fought to protect the rights of injured individuals throughout his legal career.

White Van Sought Hit-and-Run of San Francisco School Bus

  • 22
  • January
    2012

schools.jpgPolice are still looking for a white van that was involved in a hit-and-run with a school bus in San Francisco yesterday afternoon, Wednesday, January 18th at around 2:50 p.m. near Harrison and Cesar Chavez streets. If you have information regarding this hit-and-run please immediately contact the San Francisco Police Department.

The school bus was carrying 20 children. Luckily, no one was injured.  The other vehicle, a white van, drove off after the collision and the driver has not been found, according to CHP Officer Kevin Bartlett.

I regard hit-and-run drivers as a special kind of criminal. To negligently hit another vehicle is forgivable. As long as the offending driver is made accountable, then compensation for negligence is just like paying a debt. But, a hit-and-run driver is disregarding the rules that help us live together in our community, and that is not excusable. And to hit a school bus and not even stop... Come on, that is really low.

As a San Francisco Bay Area Personal Injury Attorney, and father, I care deeply about the safety of our younger generation. I dedicate myself to determining who should properly be made accountable for collisions whether they are pedestrian or bicycle or car or truck or even school bus accidents. The rules of the road say that when you act unreasonably and someone is hurt thereby, you are responsible for the harm you cause.

With a hit-and-run accident, however, no matter who really caused the accident, the driver who sped off is considered at least partially at fault.

About the author:  Claude Wyle is an aggressive advocate for Bay Area child safety and has handled many cases involving injuries to children. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco personal injury attorney, has fought to protect the rights of injured adults and children throughout his legal career.

San Francisco DJ Injured in Bicycle Hit-and-Run

  • 13
  • January
    2012

djtoph.jpgMusic lovers and San Francisco cyclists alike are thinking about DJ Toph One, who ended up in ICU at San Francisco General after falling from his bike and getting hit by a car in hit-and-run accident at Ocean and Geneva near City College on Sunday night around midnight, January 8th.

Identified as 41-year-old Christopher Evans, the popular DJ remains in the hospital with a broken pelvis requiring surgery.  Unfortnately, the hit-and-run assailant is still unknown. 

The San Francisco community has already come to his side, arranging benefits to help raise money to help him as follows:

  • Public Works on January 20th at 9 p.m., which will feature sets by J Boogie, Chris Orr, B Cause -- and more.
  • Som Bar on January 22nd with Sake One, DJ Stef, Doc Fu, and Rascue.
  • Facebook page, where fans can drop a note of support for Evans

Both events will accept donations and a percentage of bar sales will go toward Evans' recovery.

Although firefighters nearby witnessed the accident, there is no vehicle description and police have no details on the driver. However, if anyone did witness this accident and has information, please contact the Police Department's anonymous tip line at 575-4444 or send a tip by text message to TIP411.

About the author:  Claude Wyle is an aggressive advocate for Bay Area bicyclists. Claude has decades of experience representing those harmed by the wrongful conduct of other, and, as a San Francisco Bicyclist Accident Attorney, has fought to protect the rights of injured cyclists throughout his legal career. Claude is also an avid cyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School.

Will By-passing This Dangerous California Road Reduce Car and Motorcycle Accidents?

  • 03
  • January
    2012

devilsslide.jpg

The infamous Devil's Slide stretch of Highway 1 (SR-1) is currently slated to be closed permanently to cars and motorcycles in late 2012 when the Devil's Slide Tunnel Project will be hopefully completed, offering a solution to this notoriously unstable and unsafe section of highway.

As the location of so many motorcycle and car injuries and fatalities, this stretch of Highway 1 on the beautiful California coast has developed a very bad reputation over the last decades as an accident location.  And also, as a landslide-prone section of highway, Devil's Slide is often closed whenever there is a storm, as sections of the highway give way and fall.

Highway 1 has also proven to be dangerous for many drivers and motorcycle riders since the highway is so narrow along the cliffs, with many blind corners. The drivers are drawn by the natural and dramatic beauty of the coastline. The riders are drawn by the challenging turns. Both drivers and riders have often found this stretch of road overly challenging and hazardous.

The coast between Pacifica and Montara is perhaps unsurpassed in scenic beauty and is surely a motorcyclist's dream.  But with the long history of closure due to rockslides and land slippage, and seemingly constant repairs, Devil's Slide will finally be by-passed by two inland tunnels, providing a safe, dependable highway between Pacifica and Montara.

As an avid motorcyclist, and San Francisco Motorcycle Attorney, I will miss riding my own motorcycle along this scenic stretch of coast, but I recognize the dangers from rockslides, and also the dangers with typical traffic traveling along the cliffs with narrow roads and so many blind turns.  While I don't like riding my motorcycle in tunnels, I support the building of a safer road for all travelers, both local and touring, even though I will miss this fun and challenging piece of our California coast.

The perk to this project, which many bicyclists and pedestrians will enjoy, is that the bypassed section of Highway 1, together with 70 acres of State right of way, will be available for public access and recreational use following the planned tunnel opening in late 2012.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area motorcylists, bicyclists and pedestrians. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco motorcycle, bicycle and pedestrian accident attorney, has fought to protect the rights of those injured throughout his legal career. Claude is also an avid cyclist and motorcyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School. This year, Claude is going to lecture to End Distracted Driving. Please follow this blog for more details on future events aimed at ending distracted driving in California and nationally.


Pit Bull Attack in California Results in Death

  • 02
  • January
    2012

In August 2011, a thirty-two year-old woman in Pacifica, California died tragically after being attacked by her pit bull. The woman's husband came home to find the woman lying on the floor, severely injured. He called for medical assistance and the emergency responders who arrived pronounced her dead on the scene. Police officers had to shoot and kill the dog because it approached the emergency medical technicians (EMTs) who were trying to revive the woman. This unfortunate incident emphasizes the importance of knowing California's laws regarding dog bites and what remedies are available to those who suffer injuries as a result of an attack by a dog.

California Dog Bite Laws

In many states, dog owners are not held liable for dog bites until after their dogs bite others one time. After that, the law considers owners to be "on notice" that their dogs have the tendency to bite and they should take steps to prevent it.

Mission District Car Meets Bicycle Crash Sends Bicyclist to Hospital

  • 31
  • December
    2011

I must report that a Mission district bicycle car crash caused serious personal injuries a few nights ago.

cycling_nighttime.jpgA cyclist went out for a ride on Wednesday night, December 21st only to be struck by a car and to suffer personal injuries at about 8:19pm at 17th and Valencia in San Francisco.  The injuries were serious enough to necessitate a visit to the hospital.

Fortunately, the cyclist was conscious and talking as police blocked 17th Street to traffic to allow emergency crews to respond.

According to the police a four-door Toyota sedan with front-end damage was stopped near the scene of the bicycle accident.

As a San Francisco Bicycle Attorney my mind always goes to the question of who was at fault for the collision?

Was the car driver at fault for failing to keep a proper lookout or was the cyclist not paying attention?  Was the cyclist not properly dressed with glow-in-the-dark clothing?  Did the cyclist have proper lighting?  These questions will all have to be addressed in order to assure the appropriate parties are held accountable.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area bicyclists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco bicycle accident attorney, has fought to protect the rights of injured cyclists throughout his legal career. Claude is also an avid cyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School. He is also a member and lecturer of EDD, a group dedicated to End Distracted Driving.

Another San Francisco MUNI Bus Pedestrian Death

  • 27
  • December
    2011

ba-BusDeath_JPG_0504554999_part6.jpgWith sympathy, and frustration I report another San Francisco MUNI vs. pedestrian fatality which occurred last month. The MUNI death happened on Mission St. between 5th and 6th Streets on Sunday, November 13, 2011.

Over a month later, this injury news is still important, and should not be hidden and ignored.

Failing to pay attention while driving or driving recklessly can and often does lead to serious personal injuries or even deaths.  It is essential that the details and facts surrounding these types of MUNI accidents be uncovered, with hopes of learning from past mistakes.  Changing unreasonable conduct by MUNI will improve safety.

Questions to ask are how could this death have been avoided, and where was the MUNI operator looking before he struck and killed this man and where was the man walking from before he encountered the bus? Learning that this pedestrian was wearing a security guard uniform, and so was more visible than someone wearing normal street clothes, leads me to question whether the MUNI driver truly was paying attention.

Unfortunately, MUNI's record is already under scrutiny as it was just announced that, among other incidents, criminal charges could be filed against the MUNI bus operator who fatally struck pedestrian 23-year-old Emily Dunn on Aug. 19.

As a San Francisco MUNI Accident Lawyer, I cringed when I learned that the pedestrian was pinned under the bus until he died. Rescue efforts were valiant, and I do not mean to disparage anyone without knowing the true facts; however, questions should and must be asked. Too many pedestrians are killed in San Francisco and something needs to be done about this now.

My condolences go out to the family of this man.

About the author: Claude Wyle is an aggressive advocate for Bay Area MUNI safety. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco personal injury attorney, has fought to protect the rights of injured adults and children throughout his legal career.

NTSB Expresses Concerns About Distracted Driving

  • 22
  • December
    2011

The National Transportation Safety Board (NTSB) recommends a ban on all personal electronic devices while driving.  Despite the new fines imposed in California for texting-while-driving from a cell phone while driving an automobile, I still hear about fatal accidents and serious personal injuries which result from this most obvious form of distracted driving. 

texting_while_driving.jpgI am supportive of NTSB's recent decision to recommend a national ban on the usage of all personal electronic devices while driving a motor vehicle. 

NTSB bases its decision on findings from various national statistics on distracted driving, as I have also discussed in the past.  Recently the NTSB was highly influenced by the investigation of a fatal accident in Missouri where a 19-year-old pickup driver sent 11 texts in the 11 minutes before the accident, including one right before the impact that killed two people and injured 38.

The NTSB's recommendations urge all 50 states and the District

"to ban the nonemergency use of portable electronic devices (other than those designed to support the driving task)."

According to the Governors Highway Safety Association, 35 states, including Maryland and Virginia, and the District ban texting while driving.

While driving a car, concentration on driving must be the highest priority.  When we are taught to drive, did the instructor or our parents ever say that driving was just a part of multi-tasking? With so many things to pay attention to while driving, how could anyone actually think that they have the ability to also send texts and still drive safely? Roads are more congested than ever, and yet drivers are paying less attention than to driving than they did a decade ago.

Traffic accidents are the number one cause of death of teenagers, and does anyone believe that distracted driving is not largely to blame?

Why do I report wrongful deaths that happen in the San Francisco Bay Area? It is my view as a San Francisco Personal Injury Attorney that this injury news is important to keep in the public mind and not swept under the rug.

I believe that people should know that failing to keep a proper lookout or driving unreasonably can and often does lead to serious personal injuries or even deaths.  It is negligent.  And it is vitally important that the details and facts surrounding these types of accidents and others be discovered so that we can hope to learn from past mistakes, change unreasonable conduct and thereby improve safety.

With the Holiday driving season upon us, the message on distracted driving is simple: There's no call or text message that's so important that it can't wait.

I have joined a national group of attorneys who will be lecturing at high schools and other places to teens regarding the dangers of distracted driving. The group is called End Distracted Driving (EDD), and I hope to be able to blog more about this topic as our program takes off nationally.  I encourage anyone interested in this issue to join two distracted driving groups, endDD.org and noDD.org.

About the author: Claude Wyle is an aggressive advocate for San Francisco pedestrians, cyclists and motorists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco Wrongful Death Attorney, has fought to protect the rights of injured individuals throughout his legal career.

Post-Concussion Syndrome From Motor-Vehicle Accidents and Other Trauma

  • 05
  • December
    2011

Brain injuries are increasingly becoming recognized as serious health concerns in the U.S. From severe traumatic brain injury to relatively mild concussions, blows to head can have lasting negative health consequences. For people with brain injuries and associated conditions like post-concussion syndrome from motor-vehicle accidents, compensation may be available to help with treatment and rehabilitation costs.

Traumatic brain injury can occur in car crashes and other instances of sudden acceleration or deceleration when the brain hits the inside of skull, damaging delicate brain tissue. The Mayo Clinic states that concussion is a mild form of traumatic brain injury that can lead to further health concerns like post-concussion syndrome.

Post-concussion syndrome comprises a variety of symptoms that can last for months or even years. The signs of post-concussion syndrome usually appear within the first week or two after a head injury that causes a concussion. According to the Mayo Clinic, common symptoms of post-concussion syndrome include:

  • Headaches
  • Noise and light sensitivity
  • Dizziness
  • Insomnia
  • Fatigue
  • Loss of concentration and memory
  • Anxiety
  • Irritability

Bicyclists Beware: Most Likely Places To Be Injured in San Francisco and Bay Area

  • 30
  • November
    2011

SF bicycle injuries.pngAll San Francisco bicycle enthusiasts know that, despite the positive aspects of cycling to work or around town, riding in city traffic can be dangerous. Unfortunately, motorists always create some danger for bicyclists, but this danger is even worse at some specific San Francisco intersections.

It is my job as a San Francisco Bicycle Accident Attorney to learn first hand just how dangerous these city streets actually can be for cyclists.

I am proud to live in a bicycle-friendly city such as San Francisco and always smile when I see specifically marked bicycle lanes and unique, descriptive signs at intersections which could be most confusing for bicycles and cars.  The extra precautions put in by the city shows--as they gear towards helping guide motorists and bicyclists alike.  However, there are still roadways needing improvement, as shown in the attached video demonstrating San Francisco's most dangerous bicycle intersections.

My favorite is the well-known illegal right turn from northbound Market through the bike lane.  These motorists are thinking mainly about getting onto the freeway ramp, while the cyclists are paying attention to their surroundings upon arriving at a busy intersection, motoring straight through as all signs advise.  It appears to be one of the most frustrating and dangerous intersections for bicycles since the cyclists are so apt to be hit by the automobile driver.  As shown in the video above, the driver is also confused, having just collided with a bicycle and wondering why that would happen. Yes, he learns, he made an illegal right turn. 

The city has made some effort on this dangerous intersection by placing an island in between the car lane and bicycle lane so that it looks more obvious.  Yet, to my demise, car and bicycle crashes are still occurring here at an unacceptable rate.

Statistically, it is estimated that more than 8,000 bikes can crowd into a few of San Francisco intersections in just one single day.  Without a doubt, there are some intersections which may be fatal to bicyclists.

As a San Francisco Bicycle Lawyer, I learn about the San Francisco accident locations after a bicycle accident has occurred.  Of course, I try to put the pieces together and rack my brain as to just what makes these intersections so dangerous for bikes.  Moreover, if the dangerous intersection was a substantial factor in causing the bicycle accident, it is often my job to explore whether the City's conduct was unreasonable.

I fully support The San Francisco Bicycle Coalition's decisions, and am especially interested in the recent study on this problem.  They are realizing that the city of San Francisco's efforts are simply not enough, despite their attempts, since the fact still remains:  bicyclists are still being injured, some fatally.

Five most likely places to get injured on a bicycle in San Francisco are:

  • Polk and Geary Streets
  • Market and Valencia Street
  • Market and 5th near Union Square
  • Masonic Avenue and Fell Street
  • Market Street and Octavia

Extending outside of San Francisco, these intersections top the list:

  • Telegraph Avenue and 42nd St. in Oakland
  • Mendocino and Pacific Avenue in Santa Rosa
  • Monument Boulevard and Detroit Avenue in Concorde
  • College Avenue and Russell Boulevard in Berkeley
  • Sir Francis Drake Blvd., and Baywood Canyon Road in Fairfax

Myself and The San Francisco Bike Coalition are really encouraging the city to focus on those troubled areas.  It is clear that Market / Octavia is still an intersection where cyclists still really need to be careful.

A pro bicycle attorney, I do believe there is absolutely no excuse for bad driving when a motorist causes injury to a bicyclist.  However, I do want to warn bicycle riders to take extra caution.  Ride defensively, protect themselves from the drivers--who are bigger than them.  Sadly, many city drivers are in too much of a hurry to obey the law, particularly in the intersections which have the worst histories for bicycle accidents and injuries.

I know that often times cyclists are the ones who are blamed at first in the police reports. However, more in depth analysis in these cases often demonstrates that the bicyclists have acted reasonably and that the drivers are at fault. My job is to make those who have acted negligently and thereby caused bicycle riders injuries fully accountable.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area bicyclists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco bicycle accident attorney, has fought to protect the rights of injured cyclists throughout his legal career. Claude is also an avid cyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School.

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