San Francisco Personal Injury Attorney Blog

New Rules Seek to Limit Risk of Distracted Driving

2012-05-02T03:34:37Z

Earlier this year, the U.S. Department of Transportation announced new guidelines designed to limit the risk of distracted driving by preventing the operation of infotainment systems while cars are moving. Specifically, drivers would be unable to access email, browse the internet, enter an address into a navigation system, enter a phone number or see more than 30 characters of an incoming message unless the car is stopped and out of gear.

The newly proposed guidelines come at a time when many auto manufacturers are seeking to include infotainment systems - built-in electronic systems designed to allow drivers to access the internet, email, text messages, Global Positioning System (GPS) data, and more - in new models, but have not yet adopted comprehensive safety strategies for the design of these systems. The purpose of the new rules is not to limit the use of technology, but rather to make sure that manufacturers consider the dangers of distracted driving when designing new models.

]]> According to estimates by the National Highway Traffic Safety Administration (NHTSA), distracted driving causes approximately 3,000 deaths in the United States each year. While texting while driving is responsible for many distracted driving accidents, any behavior that takes a driver's attention away from the road can be dangerous.

Contact a Personal Injury Attorney

If you or someone you love has been injured in a car accident due to the negligence of another person, contact an experienced personal injury attorney. A knowledgeable personal injury lawyer can assess your case and help you get the fair and adequate compensation you deserve for medical bills, lost wages, and pain and suffering. For more information, contact a personal injury attorney today.

Source: USA Today, "DOT 'distracted driving' rules would limit cars' info systems," Chris Woodyard.

More PG&E Equipment Fails; Man Electrocuted Trying To Protect His Family

2012-04-25T00:02:18Z

Recently, in San Mateo California a PG&E high voltage power line fell from a pole and onto a residential street, draping itself across the sidewalk and the street and private property, sparking and burning. When Enrique Tello, a local resident who had been watching television with his family heard the explosion and the lights went out, he went outside to investigate. Within moments, Mr. Tello was electrocuted.

Unfortunately, PG&E is trying to shift blame onto this 55-year-old man who was killed while trying to protect his family.

I am concerned that PG&E has already begun a campaign of misinformation about this San Mateo Electrocution, attempting to shift public focus from PG&E's failure to maintain its equipment onto the conduct of the victim, Mr. Tello. The television and online media seem to be getting the whole story from a Mr. Guidi, who works for PG&E.

First of all, PG&E initially stated that the line was knocked down by a mylar balloon. PG&E has since recanted that statement. How would a power line carrying 12,000 volts, which could conceivably burn down an entire neighborhood, be vulnerable to a balloon? Secondly, I have watched the videos on the news and no witness has actually said that they personally saw the victim, Mr. Tello, pick up the hot wire.

This wire was a 12,000 volt wire and was hot enough to melt the pavement into glass. Is it even plausible that Mr. Tello actually picked up the wire as stated? PG&E originally stated that Mr. Tello was driving his truck and was blocked by the live wire, and that he got out of the truck and tried to move the wire. PG&E even went onto the news lecturing about the danger of trying to move a live wire. In a Daily Post article, PG&E admits that a person could be electrocuted just walking in the area of a downed power line.

I personally would like to see some responsible journalism following thorough this investigation. So far, all of the news stories seem to be parroting the same PG&E party line.

If we look at the photo of the truck in the linked article, it is clear that the white truck is parked at the curb. Mr. Tello's niece says that he was home watching television, not driving the truck. Why would Mr. Guidi state to the news that the victim, Mr. Tello was driving the truck and that he had tried to move the wire from the road, when Mr. Tello lives right where his truck is parked?

PG&E wants to shift the public's focus from their own culpability onto Mr. Tello's conduct. If PG&E can keep the focus on what the victim did, they might be able to deflect inquiry as to why this heavy duty live wire fell and was laying across the street sparking and burning and killing in a residential neighborhood.

Shouldn't we as responsible citizens be demanding a real investigation into how and why this deadly power line fell into a residential neighborhood and endangered an entire neighborhood?

Enough misinformation. I would like answers. Please comment if you would like answers also.

About the author: Claude Wyle is an aggressive advocate dedicated to keeping San Francisco Bay Area individuals safe from defective and dangerous equipment and products. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a Bay Area personal injury lawyer, has fought to protect the rights of the injured throughout his legal career.

A New Way to Speed Brain Injury Recovery Using an Old Drug Amantadine

2012-03-08T20:28:12Z

As a San Francisco Brain Injury Attorney, I am always interested in new studies on brain injury recovery research. I also try to help my brain injured clients by providing current information on brain injury topics.

Recently I learned that researchers report to have found the first treatment to speed recovery from severe brain injuries caused by falls and car crashes. The remedy is a cheap flu medicine, amantadine, an inexpensive generic, whose side benefits were discovered accidentally decades ago in the treatment of Parkinson's symptoms--found to have an effect on the brain's dopamine system, affecting movement and alertness.

]]> The recent research results indicate a speedier recovery by patients receiving the drug compared to those who did not. After the four week post-injury phase--critical to brain healing--more people taking amantadine could respond accurately to rhetorical questions, follow commands or use simple motor skills such as using a spoon or hairbrush. Moreover, far fewer patients who took amantadine remained as "vegetables". The study was done in the U.S., Denmark and Germany and involved 184 severely disabled patients, about 36 years old on average.

"This drug moved the needle in terms of speeding patient recovery, and that's not been shown before," said neuropsychologist Joseph Giacino of Boston's Spaulding Rehabilitation Hospital, co-leader of the study. He added, "It really does provide hope for a population that is viewed in many places as hopeless."

I am happy to report that this study validates the treatment many doctors have been trying for years. With big studies such as this one, we are a bit closer to helping heal those with severe traumatic brain injury (TBI), suffered by an estimated 1.7 million Americans. This federally funded study may mark hope for a new beginning, or at least move the ball forward for head injured survivors.

In regard to minor traumatic brain injury (MTBI), questions still remain as to whether or not less severely injured people might benefit from amantadine.

I wonder if this drug might actually be effective beyond the study results and whether there is also hope that it may improve brain injured patients' long-term outcome.

About 52,000 people with brain injuries die each year and 275,000 are hospitalized, many with persistent, debilitating injuries, according to government figures.

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.

CDC Report on Steps to Prevent Mild Traumatic Brain Injury in the U.S.

2012-02-23T15:27:05Z

Traumatic Brain Injury (TBI) is known as a silent epidemic because the problems that result from TBI are often not visible. Mild Traumatic Brain Injury (MTBI) accounts for at least 75% of all traumatic brain injuries in the U.S. However, it is clear that the consequences of MTBI can be severe and cause life-long disability and deficits.

As a San Francisco Brain Injury Attorney, I agree with the CDC's report to the U.S. Congress on MTBI and support the recommended steps to help with this serious public health issue.

The CDC's MTBI Work Group, composed of experts in the field of brain injury, has determined appropriate and feasible methods for assessing the incidence and prevalence of MTBI in the U.S. and recommends how to better measure the magnitude of the problem. Their efforts were in response to Congress' Children's Health Act of 2000 (Public Law 106-310), whereby they were to obtain data on the incidence and prevalence of MTBI.

]]> What is MTBI? As I also discussed in another traumatic brain injury post of mine, the conceptual definition of MTBI is an injury to the head as a result of blunt trauma or acceleration or deceleration forces that result in one or more of the following conditions:

any period of observed or self-reported:
- transient confusion, disorientation, or impaired consciousness
- dysfunction of memory around the time of injury
- loss of consciousness lasting less than 30 minutes

observed signs of neurological or neuropsychological dysfunction, such as:
- seizures acutely following injury to the head
- among infants and very young chidren: irritability, lethargy, or vomiting following head injury

Individuals with MTBI may suffer long-term or permanent impairments and disabilities, making it difficult to return to normal routines for weeks or months, sometimes forever. Those hospitalized are not the only people who are at risk. Many cases of MTBI are not treated at all because of under reporting and also poorly trained clinicians who miss MTBI.

I strongly support the development of better systems to more accurately and definitively detect brain injuries--serious or mild--for all head injured people. Surveillance of MTBI patients is important not only for those who are actively being treated for brain traumas, but also for those who are uninsured, in national hospital databases, and in collegiate sports assessments, to name a few.

Why bring this to the public's attention, or why should the MTBI Work Group need to be formed in the first place? Because in many cases the severity of these incidents are being downplayed, and lives are seriously being altered.

Historically, clinicians and investigators have classified traumatic brain injury as mild, moderate, and severe by using the scores of the Glasgow Coma Scale, a widely-used scoring system to assess coma and impaired consciousness. MTBI--also called concussion, minor head injury, minor brain injury, minor head trauma, is one of the most common neurologic disorders. A variety of radiological and laboratory techniques have been used to diagnose TBI, including X-rays of the skull, computed tomography of the brain, MRI, and SPECT. Although these imaging and laboratory techniques help to rule out more serious TBIs, some patients with MTBI do not present imaging abnormalities, or the markers are not sensitive enough to accurately diagnose the condition. Thus, additional research is needed about using these and other more advanced techniques to accurately diagnose MTBI.

I support further research into treatment and detection of MTBI because I believe that people with MTBI and their health care providers may fail to recognize the potential severity of a brief period of unconsciousness or memory loss caused by a blow to the head. Many individuals with MTBI do not receive adequate medical care at the time of the injury and may later present to their primary care physician days, weeks, or even months after the injury with complaints of persistent symptoms. Also, repeated head injury can cause far more severe cognitive deficits. Early diagnosis is critical to prevention of further injury.

We also need to further explore issues related to MTBI among children and among sports participants.

Perhaps one of the reasons MTBI is not taken as seriously as it should be is a vague definition of the condition? I am happy to learn that this study recommended an official definiton to Congress. Health care providers need to be better trained to recognize the potential impact of MTBI--and not just the ER doctors or neurologists.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area head trauma victims. 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.

Popularity of Bicycling and Walking Rising in U.S. by City and State

2012-02-16T19:12:38Z

A recent study just came out regarding the statistics on bicycle riding and walking city by city and state by state in the U.S.

Living in the usually sunny (not today) San Francisco Bay Area I cannot imagine what it's like to bike or walk to work in Alaska--the state ranked with the highest number of bicycle and pedestrian commuters--as that seems cold. But maybe driving in snowy conditions is just too dangerous in Alaska so they make everything very close. I remember one town in Alaska had all of the apartments and the stores and the other businesses all in one large building so no one would have to drive in the Winter. And Alaska has more private pilots than any other state so that may factor in.

]]> As cycling commuters, we San Franciscans are doing pretty well in the national statistics, as the eighth lowest U.S. city for fatalities, and with California as ranking number 19 for bicycle commuters. There is room for improvement though for San Francisco according to the Bicycling and Walking in the United States: 2012 Benchmarking Report, released by the Alliance for Biking & Walking.

The statistics analyze commuting by cycling and walking in the U.S. As a San Francisco Pedestrian and Bicycle Accident Attorney, specializing in bicycle and pedestrian safety, I'm interested in the state by state comparison on how safe the commutes are, and where the transportation funding goes to help promote these more eco friendly means of local travel.

What do the people of San Francisco need to do in order to match Boston's highest level of cycling and walking commuters, and Portland's highest level of cycling commuters? How can the City of San Francisco improve as a bicycle and walk friendly locale? Is San Francisco following in Los Angeles's footsteps with a grand plan for creating new city bike lanes? I would like to see the city of San Francisco compete with Alburquerque, New Mexico's 14.5% budget allocation to bicycling and walking. Using the above report as a tool, I think that San Franciscans can learn what works best to promote more bicycling and walking.

Despite the cited report's indication that from 2000 to 2009, bicycle commuting in the U.S. rose by 57%, bicycle and pedestrian fatalities, of course, are a very large concern for me. We know that it can be dangerous out there for those who travel by bike or foot: 12% of trips in the U.S. are taken via cycling or walking, but 14% of those involved in fatal traffic accidents are bicyclists and pedestrians. This means that bicycling and walking are statistically slightly more risky for fatality than driving.

I think if we add the injuries suffered by bicyclists and pedestrians short of death, the statistics would show even greater danger. That does not mean that bicycling or walking is too risky though. It just means that if you get hit by a car, in a car, you may just have a fender bender. But, if you get hit by a car, on a bike, or walking in a crosswalk, you are likely to be hurt, or worse.

As a health-conscious individual myself I am encouraged by the reports that link obesity to a drop in physical activity. It's no joke that between 1966 and 2009, the number of children who biked or walked to school dropped 75%, while the percentage of obese children rose 276%. If you are constantly on the go, physically exercising for work, school and recreation, you will no doubt be more physically fit. If you bicycle or walk to school or work you are less likely to end up obese.

That said, while bicycling and walking are statistically slightly more dangerous, being obese leads to other health issues that claim many lives across the country. So, how do we make bicycling and walking more attractive? I think if we make them safer, then bicycling and walking will be more popular.

As a bicycle attorney and a pedestrian attorney I seek to make people or companies accountable when they needlessly endanger bicyclists or pedestrians and when that conduct results in injuries to a bicyclist or a pedestrian. Those are just the rules of the road, and fairness requires making rule breakers responsible for the harm that they cause. But, the public sector needs to help with bicycle safety and pedestrian safety by working on a safer infrastructure.

Let's look at a city in southern California: Long Beach. I had the chance to visit there recently so I completely concur with the findings that Long Beach, CA, the most bicycle-friendly city in america, holds true. The more bicycle lanes built, the more bicycle riders show up. It's been proven in Long Beach, where a focused effort is underway to modify city streets to encourage bicycling to become a viable day-to-day transportation option in and around the city. The transformation has been rapid as the city has allocated more than $20 million for bike-related projects, adding new bike routes to city streets, building protected bike lanes, painting shared lanes, and installing the signage, signaling and parking necessary.

Cycling and walking increase public health, pump up local economies, and generally just make people feel good. I look forward to seeing you out there.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area bicyclists and pedestrians. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco pedestrian and bicycle accident attorney, has fought to protect the rights of injured cyclists and pedestrians 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.

Early Dawn Bicycle Accident South of Market at 5th St & Harrison St

2012-02-10T00:10:51Z

One might think that heading out early in the morning is the safer way to travel the busy city streets of San Francisco by bicycle--with less cars on the road--but unfortunately early this morning a 26-year-old bicyclist was hit by a truck.

According to the police the cyclist did not have a light on his bicycle, despite the darkness of the early dawn morning, as he rode south on 5th Street getting hit at 6:28 a.m. by a pickup truck that was turning left at Harrison Street.

Thankfully, the bicyclist survived getting hit by the truck, and suffered non-life-threatening injuries. As an avid cyclist myself and also a San Francisco Bicycle Accident Attorney, I feel it is one of my duties to the bicycling community to continue to promote bicycle safety as often as I can, especially after learning of accidents.

]]> A few points I'd like to reiterate now for bicyclists are as follows. Bicyclists:

Shall not operate a bicycle on a roadway during darkness unless the bicycle is equipped with a) a brake which will enable the operator to make one braked wheel skid on dry level, clean pavement, b) a front lamp emitting a white light visible from a distance of 300 feet, c) a rear red reflector visible from a distance of 500 feet, or d) a white or yellow reflector on each pedal visible from a distance of 200 feet.

Must obey all traffic signals and stop signs.

Must signal all their intentions to motorists and bicyclists near them.

Must wear a helmet if under the age of 18.

Without more facts to support that the truck driver did something unreasonable, this bicycle accident seems to have been at least partially caused by the lack of proper lighting equipment.

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.

Number of Reported Dog Bites on the Rise in San Francisco

2012-02-06T15:42:07Z

Over the last several years, many cities in California - including San Francisco - have noticed an increase in the number of reported dog bites. Because dog bites can cause severe injuries with long lasting effects, dog owners must be aware of the potential bite risks presented by their particular breeds of dog.

According to statistics cited by Rebecca Katz, chief of San Francisco's Animal Care and Control Department, over the last two years there were 766 reported bites in the city. In the prior two year period, only 543 dog bites were reported.

Katz attributed the increase to more efficient and accurate reporting citywide. Following the tragic mauling of Diane Whipple in 2001, the city has a better system in place and is, according to Katz, "on patrol 24/7."

]]> Tips to Stay Safe

The American Veterinary Medical Association suggests the following to help everyone avoid being bitten by a dog:

Never reach over or through a fence to pet a dog you do not know
Dogs like to chase, so do not run past a dog you do not know
If a dog threatens you, remain calm, avoid eye contact and back away slowly
If you are knocked to the ground, curl into a ball and cover your head and neck

According to research by the San Diego Union-Tribune, pit bulls and rottweilers have the highest average incidence of biting people. The breeds with the lowest average were pugs and golden retrievers.

An Attorney Can Help

If you or someone you love has been bitten by a dog and suffer injuries, contact an experienced personal injury attorney. Depending on the circumstances, those injured by a dog may have claims for injuries, lost wages and more under California law. For more information, contact an attorney today.

Source: What's Being Done About Dog Bites

Photosensitivity Sensory Disorder Follows Traumatic Brain Injury

2012-02-02T22:01:41Z

As a traumatic brain injury attorney, I am always interested in new information on head injury. I am proud to live in San Francisco where we can boast that our main city and county hospital has received a prestigious brain trauma certification in the treatment for traumatic brain injury (TBI).

As a San Francisco Brain Injury Attorney, it is a part of my job to show how TBI dramatically affects the lives of brain injured people and their families. In many cases, these injuries leave individuals permanently disabled, or in need of months, and sometimes years, of rehabilitation and therapy.

]]> Sensory disorders are common in those with TBI, including anomalies of vision, audition, and olfaction. Recently I learned of a vision anomaly symptom evident in those with TBI: photosensitivity, or photophobia, which presents as an elevated sensitivity to light in the absence of ocular inflammation or infection.

Photosensitivity in those with TBI has been reported:

In 20-40% in non-selected (i.e., not necessarily visually-symptomatic persons with TBI) samples
Up to nearly 50% in selected (i.e., visually-symptomatic persons with TBI)

The underlying facts behind these findings is fascinating. Those TBI sufferers affected by photosensitivity--generalized to all lights and selective to flourescent light--report:

a) fatigue with higher level cognitive tasks, including multi-tasking

b) fatigue with physical activity

c) eyestrain

d) headache or migraine

Specific to flourescent light only:

e) malaise

f) nausea

g) disequilibrium, dizziness, and possible vertigo

h) increased sensitivity to motion of visual stimuli (i.e., scrolling on computers, watching scrolling tabs on television, and watching fast-edit programs)

i) increased sensitivity to being in environments with multiple visual stimuli (i.e., crowded streets, busy malls, supermarkets)

The neurological research by Ciuffreda's research team hypothesized that anomalies in the cortical or subcortical regions may be contributing to the perception of photosensitivity on those with TBI.

the cortical hyperexcitability is non-uniform.
an increased magnitude of the hyperexcitability results in a corresponding increased susceptibility to visual stress symptoms.
a systematic application of tinted color overlays or tinted color lenses may reduce the effective non-uniformity of the cortical hyperexcitability by re-distributing the cortical response to visual stimulation. This is possible because of the variable spectral sensitivity and topography of cortical neurons responding to color in the human cortex. A reduction in the non-uniformity of the cortical hyperexcitability concurrently improves visual comfort for reading and viewing multiply-visually stimulating environments.

From my experiences helping clients who've been affected by TBI, I too would recommend a complete vision evaluation, with a neuro-optometrist, ophthalmologist, or neuro-ophthalmologist for those reporting photosensitivity. The tests would aim to rule out structural ocular anomalies as causes for the photosensitivity, such as certain anomalies of the cornea, iris, lens, retina, and optic nerve.

Photosensitivity in those with TBI may or may not resolve with time; however, by providing some means of alleviating the symptoms with tinted lenses, or the use of colored overlays, or recommending the wearing of brimmed caps (to block the illumination and visual stimuli from above) we can help the symptomatic patient.

In summary, photosensitivity/photophobia is a common symptom in those with traumatic brain injury.

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

Fatal Watsonville Bus Crash May Cost Santa Cruz Transit District $500K

2012-01-29T20:01:46Z

A fatal bus crash in February 2010 has resulted in a lawsuit filed by the family of the deceased 79-year-old Watsonville man who was killed. The Santa Cruz Metropolitan Transit District is now facing a $500,000 fine. First of all we extend our heartfelt condolences to the family of this elderly gentleman.

The victim of this fatal Watsonville bus crash, Salvador Lopez Chipres, was using his walker while crossing in a crosswalk near the Metro Center, on Rodriquez Street and West Lake Avenue, on February 4, 2010 when he was struck by the bus driver as she was making a left turn. The bus driver, 57-year-old Mary Ellen Miller, was determined to be at fault by the police investigation because she "failed to yield the right of way to a pedestrian crossing within a marked crosswalk."

]]> While police reports are very often not the final word on liability, this report points out some very clear factors to consider. This would seem to be another example of a driver failing to keep a proper lookout. How could the driver have missed seeing a slowly walking pedestrian with a walker? In the crosswalk? Ms. Miller was most probably distracted by something or her mind was on something other than her driving. This pedestrian death is all the more frustrating because we expect that a bus driver who is a professional driver with extra training would pay more attention than the average driver. Why is this so rarely the case? Why do we have so many pedestrians run over by buses, particularly here in San Francisco?

As a San Francisco Bay Area Wrongful Death Attorney and Brain Injury Lawyer, I of course take cases such as these very seriously. This pedestrian collision caused Mr. Chipres a severe head injury nd, after a 2 month coma, death. The question to ask is could this pedestrian death have been avoided? I believe that this collision was predictable if the driver had but maintained a proper lookout. And if it is predictable, it is preventable. The Santa Cruz Transit District is being made accountable for this tragedy for a number of reasons:

Pedestrians in a cross walk usually have the right-of-way
Extra caution should be used with elderly people with walkers
This crosswalk was clearly marked and the bus driver failed to see it or to allow the pedestrian his safe passage
Chipres' family spent at least $427,000 in medical, funeral and burial expenses

A potential wrongful death claimant should speak with lawyer who is experienced with the procedures involved in making the wrongful death claim itself as well as the nature and extent of the damages which can be recovered under California law.

Once again, my condolences go out to the Chipres family.

About the author: Claude Wyle is an aggressive advocate for Bay Area Mass Transit safety, particularly pedestrian 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.

Fatal Crash by UCSF Shuttle Driver: Distracted Driving

2012-01-26T21:07:06Z

Distracted 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

2012-01-23T00:33:47Z

Police 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

2012-01-13T22:30:00Z

Music 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?

2012-01-04T07:03:27Z

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

2012-01-02T15:39:14Z

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.

]]> Unlike other states, California imposes strict liability on dog owners if their dogs bite people when the victims are in public or lawfully on private property. This means that California dog owners are liable for any injuries that their dogs cause even if their dogs have never bitten anyone before and they had no idea that their dogs had the propensity to bite.

Remedies Available

Dog bite victims can recover for the medical bills they incur to treat the bite, as well as for pain and suffering, permanent scarring, and lost wages for time missed from work. If you have been bitten by a dog, talk to an experienced personal injury attorney who can advise you about your situation.

Mission District Car Meets Bicycle Crash Sends Bicyclist to Hospital

2012-01-01T03:28:36Z

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

A 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.