San Francisco Personal Injury Attorney Blog

Complex Regional Pain Syndrome: Chronic Pain After an Injury

2013-05-23T15:27:19Z

As a Personal Injury Attorney, I work with clients who suffer pain from their injuries. Often times, doctors, insurance companies and even loved ones of those injured tend to focus on when an injured person SHOULD BE healed, and then expect all to be well, even though the injured person is still suffering. Then, sometimes, the insurance companies, the doctors, and even family members lose faith in the veracity of the client's pain or suffering, and conflict begins.

We have found over the many years in personal injury practice that human beings don't all heal at the same rate. And they don't heal according to a schedule. And the doctors don't agree on what that schedule should be. Every person is different and every injury unique to each individual. Every person has a different activity level and places different demands on their bodies. And sometimes, if a person is injured in one part of their body, another related body part may suffer chronic pain. I recently found the study on Complex Regional Pain Syndrome to be very interesting because of its focus on chronic pain that remains after injury, and not necessarily in the targeted area of the body where the precise original injury occurred.

How can the pain from an injury spread? Also referred to as Reflex Sympathetic Dystrophy (RSD), this chronic disease generally involves the skin and swelling, and is considered severe and progressive. The disorder is multifactorial and can spread to various areas of the body after typically beginning in one or more limbs.

There are two classifications of this pain syndrome:

Type I - The condition does not present with an obvious presence of nerve lesions. (The type most patients diagnosed with the condition suffer from.)
Type II - denotes obvious nerve damage or injury as the cause of the condition.

Individuals who suffer from Complex Regional Pain Syndrome following a serious injury may experience a range of symptoms including, but not limited to,

burning sensations
severe tingles
shooting pains

I am fascinated to learn that Complex Regional Pain Syndrome or RSD is considered one of the more painful and debilitating diseases, and that treatment often requires a multi-disciplinary approach with a combination of medicine and physical therapy.

I know that serious injuries such as traumatic brain injury can move into the chronic stage, often permanently, and brain injury may go unnoticed by many. It seems that other nerves or tissues in one or more areas of the body may also be more susceptible to the onset of Complex Regional Pain Syndrome symptoms.

A few years ago, we represented a gentleman who had suffered RSD after a severe wrist fracture. Because of the skepticism of the insurance company opposing us, we needed to take the matter to trial. Ultimately, the jury held the defendant fully accountable for the full extent of our client's damages, but we had to educate ourselves first, and then the jury. As medicine progresses, I expect more people will recognize this syndrome and acknowledge just how serious Complex Regional Pain Syndrome is.

image source: truehealthmedicine.com

Hello, I'm Claude Wyle. Do you have any ideas to help improve awareness on pain syndromes? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

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

Chris Bucchere Trial May Bring Out Surprises About This Pedestrian Death

2013-05-17T00:59:40Z

I previously covered a story about Chris Bucchere's fatal bicycle vs. pedestrian accident last year, and now feel inclined to comment again. Mr. Bucchere, 36 years old, is now ordered to stand trial on a felony vehicular manslaughter charge for this fatality which occured in the Castro district of San Francisco while he was riding through the intersection on his bicycle purportedly at 35 m.p.h. in a 25 m.p.h. zone.

I'm a San Francisco Pedestrian Accident Attorney and I recognize that yes, a pedestrian was hit and killed, and I recognize the tragedy. My heart goes out to the family of the decedent, however I have serious questions about whether Mr. Bucchere should be prosecuted criminally. We know that criminal charges have been brought against Bucchere and now a judge has determined that the District Attorney has enough evidence to bring Mr. Bucchere to trial. But we know that the majority of pedestrian deaths are not prosecuted against the drivers. One reason why the civil justice system is so vitally important is that Bay Area drivers rarely face punishment for fatal pedestrian accidents.

Less than half of the drivers who hit pedestrians are ever charged with a crime. Those who do, serve little time in jail. Why do we have this alarming statistic toward injustice? One reason is as District Attorney Steve Wagstaff believes: juries too often sympathize with the driver because they imagine the driver could be them and they unconsciously don't want to be deemed the criminal.

In fact, this has been happening since the 1930s, where prosecutors have had difficulty convincing juries to convict drivers for killing pedestrians. In response, in 1945 California lawmakers created a vehicular manslaughter statute (the same one Bucchere is charged with) with lighter sentences and the option of charging the crime as a misdemeanor, rather than a felony. What else can be done to ensure justice for all pedestrians?

I will blog on this topic some more in the near future.

In this case, prosecutors allege

that Bucchere ran multiple red lights and a stop sign before striking Sutchi Hui, 71, at Castro and Market streets shortly after 8 a.m. on March 29, 2012.

Yet, Defense attorney Ted Cassman asked the judge to dismiss or reduce the charge, arguing

that surveillance video of the collision showed that Bucchere had entered the Castro and Market intersection before the light turned red.

It has also been uncovered that other pedestrians also entered the crosswalk at the intersection before the "Walk" signal turned on, which limited Bucchere's ability to avoid the collision.

So, when the impact occurred who had the right of way? I believe that what is important in terms of a criminal prosecution is what Bucchere was thinking when he made the choice to ride into the intersection. Was he speeding? Could he have stopped? And did his culpability rise to the level of criminal conduct?

Please remember that the family of the decedent has the right to pursue this cyclist's negligence in civil court and they should pursue their civil claim vigorously. After all, at the end of the day, what does the criminal prosecution of this cyclist do directly for the family who lost Mr. Hui? I think the civil justice system is there to make sure that this family receives financial compensation for their loss. And that compensation should be fitting to the loss, which is large.

With evidence uncovered in the preliminary hearing, Bucchere was probably going far too fast, but he may have run a very late yellow rather than a red light--a mistake made tragic because of the pedestrians entering the crosswalk very early. It seems that both the cyclist and the pedestrians were too aggressive in their commuting--as is typical in any urban city, however Bucchere's aggressiveness held a highest risk of injuring someone. I think the Hui family will win their civil suit, but I don't have all of the evidence at my disposal.

Due to the contradictions between the eyes of the witnesses and those of the surveillance cameras, there is a reasonable doubt as to Bucchere's conduct in my mind. In this case, would proof such as that which could be obtained by, let's say, Google glasses have helped exonerate Bucchere had he been taping his ride with the built-in camera? Through the eyes of the driver, the camera's accuracy could be excellent evidence in a court of law. Maybe all cyclists should carry a GoPro camera just in case they need to prove their case in court?

The press keeps going back to an internet post that Bucchere made after the accident where he "lamented the heroic death of his helmet" implying that his helmet was more important than the life of the human he killed; prosecutors use this as evidence that Bucchere was a bad person and probably maliciously killed the pedestrian he callously hit. Is that fair? While Mr. Bucchere's online comments may have been tacky in retrospect, I am not convinced that he was entirely callous toward Mr. Hui, or that he intentionally disregarded the safety of pedestrians that day.

This accused cyclist was clearly upset about this fatality and showed his emotions and tears accordingly during the hearing on Thursday, March 7, 2013. Is this one cyclist being singled out to make an example for other cyclists? Is that really right when so many motorists escape prosecution when they kill with cars or trucks or taxis?

This judge ruled that there was enough evidence against Bucchere for him to stand trial. The Court did not rule that Bucchere was guilty. I am eager to learn what the evidence at trial will show when this cyclist puts on his whole defense.

Hello, I'm Claude Wyle. Do you have any ideas to help improve pedestrian safety or bicycle safety in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

About the author: Claude Wyle is an aggressive advocate for Bay Area bicyclists and pedestrians. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a Marin County bicyclist and San Francisco bicycle and pedestrian accident attorney, has fought to protect the rights of injured people 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. Claude is also a founding member of the American Association for Justice's bicycle litigation group, a national group of lawyers focused on improving bicycle safety.

San Francisco Cable Car Accidents Make Cable Cars a Financial Loss

2013-05-09T20:53:53Z

This is not the first time I've written about the dangers of the San Francisco Cable Car. The statistics for accidents and costs to the city of San Francisco are staggering. We have to ask, 'Is it worth it to keep this antique and nostalgic form of transportation available to the masses of tourists and San Francisco locals?'

The revenue generated to San Francisco, either directly to the MUNI or indirectly, seems a bit hard to get a grasp on. If we just look at the numbers people are paying to ride the cable cars, versus then payout the City makes for the cable cars, the City is obviously not in this for the money. Then, when we add the money paid out by the City for cable car accidents, this bottom dollar figure simply fails to make sense.

Do the riders of the cable car have any idea how many accidents occur on a regular basis? The sad truth about our lovely cable cars is that this quaint method of local travel has a hidden dark side. San Francisco Cable Car lawsuits cost the City millions each year due to broken bones, severed feet and bad bruises as a result of accidents between the cables cars and other vehicles and pedestrians.

Image: Wikimedia Commons

In fact, cable cars average about one accident per month! They routinely rank among the most accident-prone mass transportation modes in the country per vehicle mile traveled annually, according to the U.S. Department of Transportation. Over the last 10 years, city officials have reported 126 accidents injuring 151 people.

After the latest serious accident which I wrote about a few months ago where the Cable Car sent seven people to the hospital, another cable car has since slammed to an unexpected stop after hitting a small bolt in the track. How could this same scenario occur again? As before it was negligence on MUNI's part. A large metal bolt on the track causes the cable car to stop in its tracks quickly.

Track maintenace is of utmost importance for cable car safety. These accidents could have and should have been prevented.

As the rate of $8 million to settle almost 50 claims, I'm not sure that MUNI is doing its job when it comes to MUNI safety. Of course, the City also spends an additional $4 million on all of its MUNI vehicles including electric street cars and busses. Sadly, the cable cars, which only take up eight miles of track, produce a disproportionate amount of accident-related costs.

Since the San Francisco Cable Cars are cherished by many and add such character to the City, it's about time that MUNI take better care of its moving antique monuments, enforce some of its own rules, and help the cable car aspire to the safety level of twenty first century mass transportation.

Image: SFMTA Washington & Mason. April 18, 1906

I am glad that Mayor Lee agrees that improvements are needed to the cable cars that began operation in 1893. He believes,

the iconic cable cars of San Francisco are a National Historic Landmark and we work every day to make them safer. While accidents and injuries are down from just a few years ago, we are always working to improve the system as a whole.

What does MUNI have to say? Unfortunately, Paul Rose, a spokesman for the city agency that oversees San Francisco mass transit is in a bit of denial in his statement that

the 19th Century technology of the cable cars does pose some challenges. While one accident is too many and we're always working to improve safety, these incidents are rare.

As a San Francisco MUNI Accident Attorney, I would love to see our unique and one-of-a-kind manually operated cable-car system upgraded. Public safety is number one. We are not in the 1800s anymore hauling goods for businesses up steep hills. The San Francisco Cable Cars are a cross between an amusement park ride and a local business commuting source, both of which keep the City of San Francisco thriving.

Ask any tourist to San Francisco what their top activities were while visiting. Riding the cable cars are analogous to taking a Gondola down the river in Venice, Italy. The tourists line up in their shorts in the cold foggy summers just for their ride.

I've ridden the cable cars myself and am always astounded watching the driver (a.k.a. the Brakeman). It takes such strength to operate these cars, despite the underground cable system. I've also witnessed firsthand the jolt that is felt as a rider when just traveling along and then stopping (even under normal circumstances).

Do we need to start issuing injury warnings at the cable car stops as we do shark warnings at some of the North Bay beaches? No, I don't think so. I think it's time for the City of San Francisco and the MUNI to do something about this perpetuating problem.

Hello, I'm Claude Wyle. Do you have any ideas to help improve MUNI bus, train or cable car safety in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

About the author: Claude Wyle is an aggressive advocate for San Francisco MUNI riders' 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.

Two New Supervisors Promise to Improve San Francisco Bicycle, Pedestrian and MUNI Safety

2013-05-02T23:20:36Z

After being elected into office November 2012, two new Supervisors London Breed and Norman Yee geared up to talk about the importance of San Francisco transportation and pedestrian safety in their neighborhoods.

London Breed represents District 5 which is undergoing some major transportation improvements, including bicycle and pedestrian upgrades on "the Wiggle"--one of the City's most heavily-cycled routes for bicycle commuters in San Francisco's western neighborhoods, and a favorite place for her to roller skate as a child. MUNI's busiest line, the N-Judah, will receive improvements as well.

I'm a San Francisco attorney, and I represent bicyclists and pedestrians who are hurt by cars and busses. I believe that the best way to reduce bicycle and pedestrian injuries is to improve our San Francisco infrastructure, with an emphasis on bicycle safety where bikes share the road with cars, and also an emphasis on pedestrian safety in the most congested and chaotic sections of the City.

We have a crowded City, and where pedestrians, bicyclists, motorcyclists, cars and busses all are going to be in the same place at the same time, we need a well-designed system that best promotes safety for all users of the roadway. Otherwise, chaos rules and the safety of our families is haphazard at best. Also, we must look at the organization of the MUNI, beginning with proper vehicle maintenance and reasonable scheduling so that MUNI operators will not be so rushed that they don't take the proper time for safety.

I am happy to support and encourage fresh, new San Francisco leadership who promises to address the growing problems we have with growing populations in these districts, namely Western Addition, Japantown, the upper and lower Haight, North of Panandle, the Inner Sunset, and Cole Valley. Supervisor Breed believes,

"We have to do more, because we have more people walking, more people using public transportation, more people riding bicycles, and the projections in the next 10 to 15 years are really high. We're going to have more people in San Francisco, and more people using these modes of transportation."

Supervisor Breed knows that as a supervisor, her goal is to look at the historical data and the present predicaments, and from there find innovative ways to improve the City's infrastructure--not piecemeal, as is typical for many improvement projects. Patching one problem at a time does not offer the "big picture", longterm solution that is needed in order to really make a difference to San Francisco.

Among other things, Supervisor Breed promises to pay close attention to:

Redesign plan for Masonic Avenue, which will affect pedestrians, bicyclists and MUNI goers
Fell and Oak Street bike and pedestrian improvement
Better lit crosswalks, particularly at uncontrolled and statistically-dangerous intersections
MUNI's N-Judah line improvements as part of the Transit Effectiveness Project, especially the addition of more light rail vehicles to increase passenger capacity (to accommodate for the multitude of MUNI vehicles constantly being serviced and out-of-service)
Parking infrastructure projects for residents and businesses

I am happy to mention that Supervisor Breed supports the San Francisco Bicycle Coalition.

Norman Yee represents District 7. His first stated concern is for better pedestrian safety.

His neighborhood consists of West Portal, Parkside, Ingleside Terrace, Sunnyside, Parkmerced, Forest Hill, and part of the Inner Sunset.

Mr. Yee plans meetings with the SF Municipal Transportation Agency. Being quite suburban in character, this district does not have any pending strategy on how to keep its neighborhood walkers safe. Supervisor Yee was a victim himself, being hit by a car as he acknowledges,

"Sometimes you can be careful and still get hit."

I support a Civic leader who will actually look to the root of our San Francisco safety issues. Supervisor Yee's summary of transportation is as follows:

"For me it's not about cars vs. bikes, or pedestrians vs. cars, or MUNI vs. cars. It's how do you balance everything in the best way you can?

A lot of times, people only want their system to be the priority, and nothing else, but I'm sorry... public transportation needs to be improved, private vehicles need to be able to move freely, bikes should be able to go from one place to another without getting crushed and, of course, pedestrian safety--if you want to walk, how do you make it safer?"

Educating bicycle riders is an important priority. Defensive biking skills are part of bicycle safety. Unfortunately, the bigger danger comes from motor vehicles; about 96 percent of the approximately 800 pedestrians injured each year are hit by motorists.

Supervisor Yee is not in denial about the horrific deaths in his neighborhoods, and uses them as examples on which to learn from. He invites the SFBC to bring any issues to his attention on bicycle infrastructure, particularly for the college students at SF State University and City College. Mr. Yee recognizes that the north-south routes to and from the colleges from the Sunset and Richmond are deficient in number.

Mr. Yee's position on MUNI--as a rider himself--would be to put much of it underground.

Remember my motto... if it's predictable, it's preventable.

Hello, I'm Claude Wyle. Do you have any ideas to help improve bicycle safety, pedestrian safety or MUNI safety in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

About the author: Claude Wyle is an aggressive advocate for Bay Area bicyclists, pedestrians and MUNI transportation. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a Marin County bicyclist and San Francisco bicycle and pedestrian accident attorney, has fought to protect the rights of injured people 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. Claude is also a founding member of the American Association for Justice's bicycle litigation group, a national group of lawyers focused on improving bicycle safety.

San Francisco's Market Street Hazardous to Bicyclists: When Will Bicycle Safety Improve?

2013-04-26T00:38:51Z

I join the San Francisco Bicycle Coalition (SFBC) in their hard-fought attempt to increase the awareness of Mayor Lee and those responsible for the safety of our San Francisco streets about the urgent need for better bicycle safety on Market Street.

San Francisco is already a bicycle-friendly city but sadly, our City also has a high bicycle accident rate. The SFBC has been great about loudly and steadfastly fighting for the rights of cyclists in San Francisco, especially since it was recently announced that there will be further delays on the Better Market Street project on this premier bike corridor. It was announced that improvements won't start until 2017!

As a San Francisco Bicycle Accident Attorney, promoting bicycle safety is one of my primary goals. When I was standing on Market Street just this week with one of my bicycle clients who had been run over by a MUNI bus, I was aghast to see how many cyclists were interacting with cars and trucks and pedestrians and busses and bad pavement, all in a very dangerous way. When we have so many different types of users of a roadway, we need to find a safer way for them to share the road. This is the job of civil engineers, and only the City can make the changes necessary to make this busy corridor safe for bicycle riders and all users of the road.

I was driving on Market just two weeks ago and I was confused by the lane markings, the signs, the islands and all of the other vehicles that either could or could not use the lanes. Market Street, as it sits right now, is one big trap and an invitation to danger. That said, I also have to say that San Francisco's lengthy delay in making urgently needed safety improvements to Market Street is absurd.

I fully support the SFBC's Better Market Street project which is now urging cyclists off of Market Street--until necessary improvements have been completed--and onto Mission Street instead where bikeway improvements are more viable. In fact, both streets should be improved, as they continue to remain important thoroghfares in the City for bikes.

The Market Street debate is the main event though for San Francisco bicyclists. The prominence of Market Street will continue into the future. I urge all San Francisco bicycle enthusiasts to share your thoughts about safety being delayed by contacting Neal Patel, Planning Director (neal@sfbike.org, 415.431.2453 x312).

The SFBC recently sent a letter to Mayor Lee and SFMTA Director Ed Reiskin on February 5, 2013. It highlights the concerns of 12,000 members of the SFBC. The members call out:

"Market Street is our city's premier street. You and your staff have put considerable energy into revitalizing mid-Market in particular, making promising steps toward improving this part of town for everyone. Biking has been a key part of the success of your work thus far; many of the companies that are now moving to mid-Market depend on great bicycling access to attract the talent they need...

In fact, bikes are a critical part of the current and future economy, social safety and transportation on Market Street and the surrounding neighborhoods. It would be counter-productive for the City to roll back its own mid-Market and central city revitalization efforts back by limiting biking on this street..."

I'm equally astounded to know that in 2009, the Transportation Authority (TA) recommended implementing pilots to test automobile restrictions and improvements to transit, bicycling and walking on Market Street. The pilot restrictions had huge impacts on Market Street. I wonder if this has been ignored? Now it's 2013 and despite some much-appreciated paving on Market Street in 2012, Market Street overall continues to remain far from safe.

The safety improvements for people biking on Market Street cannot wait any longer.

The statistics prove that the number of people bicycling in San Francisco is skyrocketing (and this growth is evident on Market Street). Last year on Bike-to-Work Day, bicycles made up 73% of eastbound traffic on Market Street. This is amazing. Just think of how many cars we could get off the roads if this many people biked to work every day?

We can all agree that the bicycle congestion has been growing through the years in the City. All of these cyclists rely upon a safe infrastructure.

We know the MUNI system needs attention. Since MUNI continues to provide accident-prone vehicles and equipment, promoting bicycling in its place is one of the fastest and cheapest alternatives to using MUNI.

Of course, the SFBC wishes that the Better Market Street project resumed immediately, but they have only attempted to close the gap by another year. I guess it's the best they can do considering what they are up against. I beg to differ and propose we get this under way in 2013--this year. We need immediate improvements to our city streets.

I share the SFBC's wish for immediate improvements to the bicycling experience on Market Street--repairs and upgrades.

Remember my motto... if it's predictable, it's preventable.

Hello, I'm Claude Wyle. Do you have any ideas to help improve bicycle safety in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

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 others, and, as a Marin County bicyclist and 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. Claude is also a founding member of the American Association for Justice's bicycle litigation group, a national group of lawyers focused on improving bicycle safety.

Long-term Effects of Head Injuries, Concussions, Traumatic Brain Injury

2013-02-26T21:55:57Z

As a San Francisco Brain Injury Attorney, I like to stay up to date on the latest research on brain injury and recovery, specifically concussions and Tramatic Brain Injury. This not only helps me, but also my clients who too benefit from the up-to-date information on brain injury topics.

Brain injuries whether mild or moderate or severe can be catastrophic and have short and long-term symptoms, namely confusion, dizziness, memory loss, loss of consciousness or seizures. Post-concussion syndrome is increasingly becoming recognized as a serious health concern in the U.S.

The long-term effects following severe Traumatic Brain Injury or even mild concussions, however, are not as well known. And the friends and loved ones of the injured tend to overlook the past connections as well. Often head injury symptoms are forgotten or disregarded, and somehow not associated with a head injury which happened months or years ago.

Concussions are serious injuries. The good news is that doctors and athletic trainers have an arsenal of tests athletes must pass before they can play sports, including a new computerized screening that looks at the brain functioning.

Recently, research has focused on the repeated injury to the brain, where a more serious second head injury happens before a first injury has fully recovered (a.k.a., Second Impact Syndrome). Roughly 50% of those second impact cases prove fatal. Having said that, even when a brain has apparently fully recovered, the risk of permanent damage from a second concussion greatly increases.

"A concussion is a brain injury," says Macon neurosurgeon Dr. Kevin Stevenson. "It's not one you can see like a twisted ankle or a big bruise, but it is an injury."

Concussions can be cumulative over a lifetime. A younger person getting multiple concussions may suffer from poor school performance, the inability to get the best jobs or get into preferred colleges.

Brain injuries affect the injured person both mentally and physically and often also emotionally.

Athletic Trainer Tee Spinks with Piedmont Orthopedics says, "Sleep patterns are disturbed, and when sleep patterns are disturbed, the brain doesn't have time to heal properly. If this persists for so long, it becomes an emotional issue, depression. Depression is a sign of concussion if it sustains and lasts for a long period of time."

Lack of education about the severity of brain injuries is a prevalent issue that I see day to day. I hope that this article and my other head and brain injury posts will help to educate the public and therefore lead to more understanding and less frustration about head injuries.

Hello, I'm Claude Wyle. Do you have any ideas to help educate people on head and brain injuries in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area head trauma survivors. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco brain injury lawyer, has fought to protect the rights of head injury survivors throughout his legal career.

Napa Doctors Concerned About Bicycle Accident Rate

2013-02-19T18:55:28Z

Napa doctors have expressed concern about the rise in Napa County bicycle accident injuries and deaths. As a Bay Area cyclist, I love to ride in the Wine Country. You can find great roads, great hills if you want them and great long level rides if that suits you.

But, like many rural areas, Napa has its share of danger for bicycle riders as well. With the exponential increase in popularity of the Wine Country comes more traffic congestion. And let's not forget the tourists who frequent the Wine Country to sample the fantastic wines available. They may not all be totally sober when they climb back into their cars, and they are often distracted looking for wineries to visit.

Oftentimes narrow roads lead to increasingly trendy locations, and the combination of all of these factors can lead to increased numbers of bicycle injuries and deaths. Scenic roads such as Silverado Trail can be dangerous for bicycle riders, particularly when speeding cars share the road.

Local Napa doctor, Dr. Archimedes Ramirez, a University of California, San Francisco neurological surgeon assigned to provide full-time care at Queen of the Valley Medical Center in Napa has expressed his worry about the many bicycle accident and injuries he's encountered.

Dr. Archimedes and one of his collegues state,

"It has come to our attention, as we have cared for many of these patients, that over the recent months there have been multiple deaths and significant morbidities that have occurred in the Napa Valley related to bicycle accidents."

As a bicycle enthusiast and lover of local Bay Area weekend getaways, I too am concerned about the safety of bicyclists in my back yard. The Bicycle Accident Attorney in me agrees with the Napa doctors, as I am equally concerned by the recklessness exhibited by many drivers, and also occasional carelessness by bicyclists. Bicycle riders who ride like distracted tourists themselves pose a great danger to their own personal safety.

At any given time, my partner George Choulos and I are handling bicycle injury cases arising from bicycle accidents in both Napa and Sonoma County. George just handled a case against the City of Napa for a dangerous pavement defect which caused a bicyclist to fall and to suffer very serious injuries. Anyone who has ridden a bicycle on Highway 29 knows about the railroad tracks and how they cross right through the bike path. Both the Wine Train and the State argue over which entity should be responsible to improve the safety of the crossing for bicycles.

They both know that bike accidents and serious injuries are happening, but neither wants to pay to fix the dangerous road. While the City of Napa, the County, the State, and other public entities benefit from the popularity of Napa County as a bicycle friendly destination, they also need to improve their infrastructure to keep dangerous roadways from hurting bicyclists. And bicyclists are far more vulnerable to pavement problems than motorists.

Motorists are not the only danger to bicyclists. Right now, I am personally working on a bicycle vs. bicycle crash which occurred in Sonoma County, where the other cyclist came speeding down a hill on the wrong side of the road and crashed into my client who was riding slowly up the hill on his own side of the road.

I'm appalled at reports of motorcyclists dodging in and out of lanes in Napa, taking lives in their hands as they speed by bicyclists. I love to ride both motorcycles and bicycles, and with each comes great responsibility. This brings me to the subject of helmets. With all of these wine-influenced drivers, dangerous roads, and even errant bicyclists, why wouldn't a bicycle rider wear a helmet?

I challenge both Napa and Sonoma residents and weekend visitors alike to make a stand for safety and to remember to Share the Road with bicyclists. And I challenge the public entities who maintain our roads to make them safe for all traffic, including bicyclists.

Remember my motto... if it's predictable, it's preventable.

Hello, I'm Claude Wyle. Do you have any ideas to help improve bicycle safety in Napa and Sonoma? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

San Francisco Cable Car Accident Sends Seven to Hospital

2013-02-14T02:00:37Z

As a San Francisco Bus Accident and Cable Car Accident Attorney, I do my best to help those injured in cable car crashes in our City by the Bay. Tourists and locals alike ride the San Francisco Cable Car, not for its speed (9 miles per hour), but for open air, convenience or nostalgia.

A few years ago, I learned that the San Francisco Cable Car was perhaps the most dangerous vehicle in public transportation in the entire country. If they move so slowly, how can they cause so many injuries per mile? Obviously, we have to look at this on a per mile basis, since the MUNI busses cause so much damage and injury.

Well, despite the local laws to the contrary, passengers continue to hop on and off moving cable cars, and the conductors and brakemen do nothing and say nothing about it. When I asked if jumping on a moving cable car was against the law, a brakeman told me in no uncertain terms that this was illegal. Then I asked him what the operators of the cable car do when someone jumps on the moving cable car, and he advised that they say nothing because the people usually fall off anyway. Great attitude! And the cable car operators are the most senior operators in the San Francisco MUNI system.

Another reason why we have so many injuries per mile is that the cable car is built of steel and wood and there is nothing soft to bounce off when the cable car lurches or when someone hits the car. Passengers who are bounced around inside the cable car are bounced into very hard unforgiving equipment, and this causes more injury per mile travelled.

So, if the cable car is so dangerous, why does the City still use it? Tourism? Symbolism? Great reasons, but safety is certainly not the highest priority.

Some riding the cable car may also choose it because it is not gas powered and follows along a predesignated track in a carriage which would appear to be safe. There was, however, a Cable Car accident last Wedneday morning, February 6, 2013 which sent seven people to the hospital. The accident was reported at 10:15 a.m. at Washington and Powell streets, according to fire officials.

In this case, no other vehicles were to blame for the accident. It was negligence on MUNI's part as there was a large metal bolt on the track which caused the cable car to stop in its tracks quickly. Had MUNI been more conscious of track maintenance, this accident could have been prevented.

San Francisco Fire spokeswoman Mindy Talmadge said one of the injuries--an elderly man who fell and hit his head--was considered life-threatening. My condolences go out to this man and I hope for a speedy recovery.

I have been following the safety track record of MUNI--busses, trains and cable cars--for many years, and know that their track record is sketchy. Unfortunately, MUNI vehicles are often involved in serious injuries whether to bicyclists, pedestrians or other motorists. Sometimes these accidents cause wrongful deaths to pedestrians, motorists, motorcyclists, bicyclists and MUNI riders alike.

I would like to see MUNI take safety and maintenance more seriously, especially for America's only moveable national monument, the San Francisco Cable Car.

Image: Simeon Schatz Photography

San Francisco Tries Photo Enforcement for Dangerous Intersection

2013-02-10T18:05:24Z

It would appear that the corner of Octavia and Market has become my favorite intersection to write about in San Francisco. Why? Because it is the City's most dangerous intersection, at least for bicyclists. I am happy to finally report that a red light camera will be installed at Octavia and Market soon, which will hopefully decrease bicycle and pedestrian injuries.

It comes as no surprise that the City has been under pressure to improve the safety of this heavily frequented location, which, since its redesign in 2005, has been the site of over 56 bicycle-automobile crashes with injuries. Unfortunately, it is now three years later and I'm still blogging to the cyclists of San Francisco about this dangerous intersection.

As a San Francisco Bicycle Accident Attorney, I see too often cases where either a City or County or the State fail to make roadway safety a priority. When multiple bicycle injuries happen at the same place, shouldn't the City be responsible for the harm this dangerous condition of public property is causing? I do recognize that there has been no shortage of attempts to solve the injury-plagued intersection, but shouldn't the City effectuate a truly effective remedy? As I discussed in my last article, the piecemeal or band-aid approach to reducing bicycle injuries is not apparently working.

Shouldn't the City instead reduce the traffic congestion at the intersection? With so much chaos in this dangerous intersection, cyclists and motorists alike are certainly distracted.

The City has decided to install a red light camera first so that they can gather data and second to reduce violations by making the red light runners accountable, and third to deter bad driving decisions. This decision comes after years of failed legislative efforts. Attorney General Kamala Harris has finally approved the installation of the red light traffic camera to catch illegal drivers at the corner of Market and Octavia Streets. San Francisco officials have been working to address the problem for years. In 2007, then-assemblywoman Fiona Ma proposed an unsuccessful bill for a camera here. Assemblyman Tom Ammiano proposed a similar measure three years later, but then-Governor Arnold Schwartzenegger vetoed it.

San Francisco Bicycle Coalition Executive Director Leah Shahum applauds the move:

"We are excited about this long-awaited decision that will make San Francisco's most dangerous intersection safer."

I too support this new camera, and San Francisco's innovation as a frontrunner in photo enforcement. I hope that this measure will help to reduce bicycle and pedestrian accidents, and that one day the City will redesign this intersection to make it work for all travelers on the road.

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

Pedestrian Risks in San Francisco Highlight an Overall Vision

2013-01-17T16:45:18Z

image source: http://m.flickr.com/#/photos/walkingsf/8295315992/sizes/m/

When you first look at this image, what first comes to mind? A result from a computer application, capturing all of the clicks of your mouse? Radar coordinates from a secret operation? Artwork from a child?

Would you believe that this image actually depicts a mapping of all of the reported pedestrian accidents in San Francisco between 2005 and 2010? Please note that the entire city and outskirts of San Francisco is represented here--almost every block.

It's chilling to believe that it doesn't matter where we live in this City: pedestrians are at risk when we walk the streets.

The larger circles represent the greater risk; smaller circles represent less risk. Notice how the circles are smaller in the financial district and larger in the outskirts of the City. Could this be because there is more walking in the residential neighborhoods than in the commercial areas? Looking out the window of my office on California Street I see a lot of people walking. And, sadly I have also seen a lot of pedestrians hit by cars. So why are the residential neighborhoods showing more pedestrian accidents? If you know, I would be happy to have you comment, please.

Regardless of area, taking a step back, it would appear that the whole city has been impacted by pedestrian crashes at some point within the 5 year range in the study.

San Francisco is a vibrant city, full of walking commuters, shoppers, students, tourists and strollers. It's a beautiful city which invites people to walk the streets and explore. As a San Francisco Pedestrian Accident Attorney, I take pedestrian safety seriously. As more and more San Franciscans try a healthier way to get to work or to school, and as more people regard walking as their exercise of choice, pedestrian safety has become a growing concern for our citizens.

I'm sad to say that the crosswalks and intersections of the City still leave walkers vulnerable to serious injury or even death. I believe the primary reason for so many pedestrian injuries is the increase of smartphone use which contributes to both distracted drivers and pedestrians. Hence, pedestrians must be on high alert.

Why are the numbers so staggeringly high? When most streets in San Francisco were designed (years ago), there were fewer people who walked the street. The roads were built for cars, businesses and neighborhoods, so that cars could move quickly and reach their destinations on time. There was less congestion and it seems less people in a terrible hurry to get to where they were going.

The old street plans did not anticipate the social shifts that would occur in the years in the future, as today so many people of all ages walk for business and pleasure and to exercise.

Those responsible for pedestrian safety need to protect the most vulnerable people first: the elderly and children. Additions have been made through the years to make the City safer such as speed bumps, medians, extended curbs and signs. In addition, adjustments have been made to the timing of intersection traffic signals to accommodate those who move more slowly.

SFPD has become more involved in their attempt to make the streets safer by issuing more fines and penalties for speeding drivers as well as drivers ignoring other traffic laws. Pedestrians do have the right of way in most cases.

I intend to continue to pass the word as I take a stand in protecting pedestrians.

Hello, I'm Claude Wyle. Do you have any ideas to help improve pedestrian safety in San Francisco? Please comment or ask for a subject you would like to see researched or discussed in this blog. Thanks. Feel free to contact me at cwyle@ccwlawyers.com.

Why Are There So Many Bicycle Accidents at Octavia and Market?

2013-01-11T00:13:40Z

Otherwise known as The Intersection from Biking Hell, too many bike accidents at Market Street and Octavia Blvd have given this dangerous San Francisco intersection its name. I've written about this intersection before and now this intersection has reached its third year as the top dangerous intersection for bicycle wrecks in San Francisco. Since the boulevard opened in 2005, there have been 56 crashes with injuries at Octavia and Market. Four of the bicycle accidents on Octavia have been fatal accidents, according to the California Highway Patrol and news reports.

Octavia Blvd: The City had good intentions. The area around the intersection and the intersection itself were transformed after the 1989 Loma Prieta earthquake damaged the freeway and the City tore down the 1.2-mile double-deck structure. That portion of the Central Freeway was replaced with Octavia Boulevard, a ground-level thoroughfare with tree-lined medians, a park and quiet side streets. Sounds like an ideal place to go for a safe bike ride, right? Designed by noted UC Berkeley urban planning professor Allan Jacobs, Octavia Boulevard opened in 2005 to wide acclaim.

Three years later and I'm still warning the citizens of San Francisco about this dangerous intersection.

Despite the "No Right Turn" signs added, and straight vertical arrows at the traffic light, and "No turn" painted on the pavement, and white pylons added to protect the bike lanes, and larger signs directing drivers to the highway, and signs just for bikers and even a concrete island separating the bike lane from the road, there are still serious safety issues.

Why is this intersection still so dangerous for bikers?

Octavia is one of San Francisco's major arrival and departure points for long-distance commuters. The most recent traffic count by the SFMTA in 2007 showed 63,000 vehicles heading on and off the freeway there each day.

Fortunately, city and county officials are finally acknowledging that the street which had such high hopes is in desperate need of improvement.

The piecemeal or band-aid approach to reducing bicycle injuries is not apparently working. Shouldn't the City instead attempt to reduce the congestion of car traffic? With so much chaos in the intersection, it can be distracting for anyone, cyclist and motorist alike.

What else can be done for pedestrians and bicycles at this intersection?

For starters, existing crosswalks need to be actual viable options for crossing. Some have been closed for pedestrians because cars get in the way. Pedestrians need a designated safe place to cross or they will be encouraged to cross wherever it is most convenient.

I'm happy to hear that the recent study [PDF] by the transportation authority study recommends improving bikeways and crosswalks and reducing car traffic by updating public transit and using congestion pricing, a system of electronic tolls for crowded streets. I wonder how that would be enforced though?

Jacobs, the renowned road designer from the 2005 opening, explains the project's success in replacing a freeway with a boulevard that moves cars while at the same time creates street life. But, some design elements that would have slowed traffic were left out in the end because of compromises made between the State Department of Transportation (Caltrans) and the City.

I would like to know what these compromises were.

Why are people dying at this intersection and what can be done? A local neighbor claimed:

"You have to be very careful crossing the street here... You can't just cross because you have a white man (on the traffic signal) telling you to cross."

The majority of bike accidents at Octavia and Market over the past three years were caused by drivers making illegal right turns onto the freeway from Market Street.

What else can be done?

Bike advocates want a camera installed at the intersection to catch offending motorists, but a question over whether such cameras are legal on state highways has held up the process. Assemblyman Tom Ammiano, D-San Francisco, is hopeful that he'll find the way for the camera to be installed.

What does the San Francisco Bicycle Coalition have to say?

"It would help," said Leah Shahum, executive director of the San Francisco Bicycle Coalition. "We know police officers can't be there 24/7, and the city has tried a lot of engineering improvements."

As an avid cyclist and San Francisco Bicycle Accident Attorney, I hope for a speedy and safe solution for this troubled intersection.

Hello, I'm Claude Wyle. Have an idea for a topic you'd like to see covered here? Feel free to contact me at cwyle@ccwlawyers.com.

New Plan to Help Reduce San Francisco Pedestrian Accidents

2012-12-21T21:45:19Z

San Francisco declares itself a pedestrian friendly city. And a great city like San Francisco should have an infrastructure which contributes to pedestrian safety. Pedestrian safety is an integral result of careful civil engineering and traffic engineering. San Francisco has a lot of pedestrians, and sadly, San Francisco has a lot of pedestrian injuries and pedestrian deaths.

San Francisco suffered its 18th pedestrian fatality for the year 2012 just recently. In the wake of these 18 pedestrian deaths, Mayor Ed Lee has announced a new San Francisco pedestrian safety plan to help reduce pedestrian accidents.

This plan is expected to be finalized and implemented in early 2013, and will move toward a goal to reduce serious or fatal pedestrian accidents by 25 percent in 2016 and 50 percent five years later, Lee said.

Mayor Lee is proud of the results from a recent redesign of the Powell Street Promenade near Union Square, where sidewalks were widened to reduce traffic speed and protect pedestrians. Lee uses this project as a model toward newer projects.

The pedestrian safety plan calls for reducing speed limits on certain streets and making improvements to various intersections, as well as using data to increase enforcement and education about particular danger zones, Lee said.

As a San Francisco Pedestrian Accident Attorney, it's nice for me to see that the City is making a substantial effort to safeguard pedestrian lives.

So, how is San Francisco to focus attention to reduce pedestrian deaths? Efforts will be focused preliminarily on busy intersections such as Market Street, Van Ness Avenue and 19th Avenue, or at intersections that serve as off-ramps for highway traffic.

While the City's infrastructure is to be revisited and redesigned, citizens will also receive more education on safety. The educational outreach will be taught by SFPD, and focus on motorists and pedestrians--all of which are often distracted by mobile phones or other devices while driving or walking.

The pedestrian advocacy group Walk San Francisco is onboard with the new plan and looks forward to a strong and effective strategy. I hope this helps too as my motto is that "if it's predictable, it's preventable".

Preventing injuries and especially deaths is of tantamount importance to traffic engineers and civil engineers in San Francisco. While there were 18 pedestrian fatalities this year, there were almost 900 pedestrian injuries, a staggering and embarrassing number.

This new plan was announced by the Mayor just two weeks after safety advocates questioned the slow pace of the City's current pedestrian action plan which was put into place by Mayor Gavin Newsom in December 2010. The executive directive includes a plan to improve pedestrian safety conditions and to create a Pedestrian Safety Task Force.

San Francisco One of the Top Bicycle-Friendly Cities in Nation

2012-11-17T23:14:39Z

As a bicycle enthusiast, and an attorney representing bicyclists, I am always happy to read about cities supporting cycling around the country, and across the world. I enjoy citing examples of how other communities try to increase bicycle safety and decrease bicycle accidents.

Bicycle commuting to work is not only good for the cyclist but also good for the community. National Bike Month spreads knowledge and incentive to potential bike commuters. Hundreds of U.S. cities have been successful in increasing bicycle commuting by offering enticements on Bike-to-Work Day. Proudly, San Francisco is one of the top bicycle-friendly cities.

As a San Francisco Bicycle Accident Attorney, I promote safe bike commuting to work or school as a healthy and cost-effective means of transportation. I'm a proud sponsor of the Marin County Bicycle Coalition, and member of San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition as well, and support Safe Routes to Schools and other pro bicycle and pedestrian organizations.

By making those overly aggressive or careless motorists who harm bicyclists accountable, I feel I'm contributing to bike safety, and thereby helping to increase the popularity of bicycling in our community. Bicycling popularity rises when people feel safe riding their bikes. A good bike-friendly infrastructure in any city enhances the cycling experience and decreases accidents. Or, to put it another way, if bicyclists don't feel safe, they will likely chose to drive their car to work instead.

I'm proud to report that more and more Americans are taking to the road on two wheels. This, to me, means that cities are beginning to value bike riding which is: better for the environment by promoting less greenhouse gases; healthier for the body to exercise; and contributes to mental health by breathing in fresh air. Bikes are easy to transport by bus now if you need to mix up your ride to work or school. Bikes don't take up a parking place and do make the commute less congested.

As cited by The Economist,

"Between 1977 and 2009 the total number of annual bike trips more than tripled, while the bike's share of all trips rose from 0.6% to 1%. Commuting cyclists have also increased in number, with twice as many biking to work in 2009 as in 2000."

Top cities are making efforts to be bicycle-friendly such as:

San Francisco, CA
New York, NY
Washington, DC
Boulder, CO
Minneapolis, MN
Portland, OR
Chicago, IL

The growth in bicycling numbers is made possible by city policy-making and increases in government spending on both the local and county level. When the motivation is to improve the quality of life for citizens--as is done with bicycle-friendly cities, families are encouraged to live there and businesses are encouraged to open up shop.

Still, this bike revolution needs to be expaned to encompass an even larger cross-section of people. According to Pucher and Buehler, authors of "City Cycling", much of the growth comes from men aged 25-64, while rates have fallen among women and sharply among children.

As I've been discussing in many of my blog posts, bicycle safety is the greatest concern for families. With distracted driving on the rise, along with bike accident injuries and fatalities, it is no surprise to me that women and children are riding less. There are some who believe cycling in the U.S. is getting safer though.

Although the U.S. does lag behind Europe in bike riding percentage, one reason is that car ownership remains far cheaper in America. Another reason is that there are very little (if any) restrictions on car use here in the U.S.

Yesterday, the gas prices in the San Francisco Bay Area popped over $5.00 per gallon. This will assuredly encourage an increase in cycling locally, and once cyclists learn how much less expensive it is to ride to work, they will likely keep riding and drive a lot less. We hope.

Tire Safety Tips To Help Prevent Car Accidents

2012-11-10T21:16:58Z

Like many Californians, you may drive your automobile everywhere, trusting that your tires will always give you enough traction to keep you heading in the right direction and under control. Under ideal conditions, as long as your car is maintained mechanically and your tires are also well maintained, you are most likely to get where you are going without mishap. However, stormy or snowy weather, poorly maintained roads and road debris are all part of the California driving experience; so we must plan ahead and make sure our car tires can handle challenging conditions as well as smooth easy dry roads. Fall is here. And Winter is coming.

A new report by the National Highway Traffic Safety Administration has shown that 1 in 20 auto accidents may be linked to tire-related issues. Under-inflated tires seem to be the biggest culprit:

"Underinflation was the biggest problem, with a tire 25 percent below its rated pressure three times more likely to be involved in a crash."

The NHTSA published the following list on Tire Safety Checklist that only takes 5 minutes of your time once per month. As a San Francisco Auto Accident Attorney, I consider automobile safety top priority. If everyone rides more safely, then I won't have as much business. But I will be very happy if something I blog about can help to reduce the amount or severity of accidents in our community.

Tire Pressure. Check tire pressure and make sure it's filled to the range stated in your vehicle manufacturer's owners manual--regardless of whether or not you are staying close to home taking short trips or about to embark on a long trip. If you are towing a trailer, don't forget that some of the weight of the loaded trailer is transferred to the towing vehicle. If you are have a Tire Pressure Warning light, be thankful, but please note that once the warning light is illuminated, the tire pressure is already at a dangerous level. Under-inflation can impact the driver's ability to slow down, steer and maneuver turns.

Tread Wear. Visually inspect the tread of all four tires, looking for bulges, cracks and other signs of trauma or wear. Tires with little or no tread lose traction and cause your vehicle to slide on wet or icy roads, while accelerating, turning or braking. Any rocks or glass should be removed. All tires have a tire-wear bar to compare your current tread against; if your tires are worn below the bar, it's time to change your tires. Additionally, over-inflation and under-inflation lead to uneven tread wear and reduce the life of the tire.

Wheel Alignment. Inspect wheel alignment whenever the vehicle pulls to one side, has hit a curb or pothole, or sometimes even speed bumps. At the very least, alignment should be inspected on an annual basis.

Tire Rotation. Rotate tires regularly (mileage intervals depend on vehicle) to prevent uneven wear. The best practice is to rotate from front to back and side to side, in order to maintain even tread wear. New studies show that certain tire rotation can actually create more danger than it can help, so ask a tire maintenance professional you trust.

Driving Habits. Objects and debris could damage the lining of a tire and cause bulges in the sidewall, causing blowouts. Visually inspect every month to identify any wear problems that may have been caused by your driving habits, especially in the summer as higher temperatures deteriorate tires more quickly and more at risk. If you ever plan to load your car with extra weight, remember that increases the risks of tire failure.

Extend the life of your tires and improve your safety (and that of your friends and family) by following the information I provided here. You may save lives too.

If it's predicable, it's preventable...

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

Consistently So Many San Francisco MUNI Accidents. Why?

2012-11-03T18:43:09Z

This is no Halloween joke. Sometimes I wonder if some MUNI busses are driven by the Grim Reaper. Graphic designer, Roy Brubaker, created the image below as a message to us all. Roy drew this image while in his hospital bed after being run over by a MUNI bus.

While Roy's case is ongoing, I am not going to comment about his MUNI vs. bicycle collision; however, I wanted to express my appreciation for Roy's creativity and ironic sense of humor. Anyone who can maintain their sense of humor while confined to a hospital bed deserves high praise. And anyone who can draw this well while in pain and on pain medication is clearly very talented.

Over the last several years, in many blogs, I have expressed a growing concern over the safety record of the SF MUNI. I have noted over these years that many people are concerned about the management of the San Francisco Municipal Railway. We have good reason, for their track record is deplorable.

I have noted many cases where accidents are blamed on the MUNI operators, and while I agree that the MUNI drivers and operators may need better training and instruction, I also believe that they need much better management. The schedules for the MUNI busses are so tight that the operators have very little leeway and almost no time for a cup of coffee or a bathroom break. With all of the traffic challenges that create late busses, I can well understand why the MUNI operators are in a hurry. While their tight schedules are no excuse for bad driving, I do understand how a combination of factors can all contribute to causing a MUNI crash.

So, I wanted to put this idea out there. Are MUNI accidents on the rise, or are they occurring less frequently than ten years ago? Or twenty years ago? I don't know the answer, however if we go by the accidents reported in the news, I think the MUNI has been crashing at the same alarming rate for decades.

Where is the City failing in its obligation to keep the MUNI safe? Is it all of the drivers or something management does consistently to contribute to the way the operators are navigating our City streets?

Although there are no shortage of examples proving my point, earlier this year, failed brakes were suspected in a MUNI crash affecting multiple vehicles. In most other cases, the MUNI operators are suspected of wrongdoing.

This particular accident--between a streetcar, a bus and a private car--was a slow-speed, rear-end collision, occuring on April 3, 2012 in the afternoon in San Francisco. This crash sent several people to the hospital for non-life-threatening injuries.

Although accidents are common, public scrutiny of MUNI waxes and wanes. I urge the City government to instigate an in-depth study of why we have so many MUNI accidents and how the MUNI management can work to reduce MUNI caused injuries.

As I've cited before, MUNI needs better vehicle maintenance procedures to make itself more accountable for all traveler safety. The City pays out a lot of money each year in law suits arising from MUNI crashes.

Could it be that one of the reasons why there are so many MUNI accidents is because the City does not give the operators enough time to do their jobs safely? Or should the City be stricter in its hiring and retention policies for MUNI operators?

I've reported on several MUNI bus pedestrian deaths which I believe could have been prevented. I've reported on MUNI's sketchy safety record.

What will it take to firmly establish safe public transportation in the City of San Francisco?

About the author: Claude Wyle is an aggressive advocate for San Francisco pedestrians bicyclists and motorist 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.