San Francisco Personal Injury Attorney Blog

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.

Another San Francisco MUNI Bus Pedestrian Death

2011-12-27T20:08:29Z

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

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

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

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

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

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

My condolences go out to the family of this man.

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

NTSB Expresses Concerns About Distracted Driving

2011-12-23T00:02:09Z

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

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

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

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

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

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

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

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

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

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

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

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

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

2011-12-05T15:47:56Z

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

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

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

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

]]> The effects of post-concussion syndrome can be similar those of post-traumatic stress disorder, depression and anxiety. For this reason, treatment of post-concussion syndrome often involves medication and therapy intended to treat psychological factors.

One of the most common causes of post-concussion syndrome is trauma from a car crash or other collision such as a pedestrian or bicycle accident. If another driver was responsible for a crash that resulted in an individual's post-concussion syndrome, the injured person may be able to make a claim against the at-fault driver in a personal-injury lawsuit. Through a lawsuit, the injured person may be able to obtain monetary compensation, or damages, for his or her injuries, medical bills, lost wages and future medical care and rehabilitation expenses.

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

2011-11-30T18:18:49Z

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FDA Increases Childrens' Safety through Stronger Enforcement Against Tobacco Retailers

2011-11-19T17:02:58Z

The FDA is protecting children from tobacco n its recent action to send warning letters to more than 1,200 retailers, the majority of which respond to violations relating to selling tobacco to minors. This is part of its ongoing effort to reduce tobacco use among children, a collaboration with President Obama's Family Smoking Prevention and Tobacco Control Act.

The good news is that most retail establishments inspected by the FDA have been found to be in compliance with the law. Unfortunately, some retailers are still selling cigarettes and smokeless tobacco to minors, which will now result in fees if retailers continue to violate the law.

"It should worry every parent that 20% of U.S. high school students smoke cigarettes," said FDA Commissioner Margaret A. Hamburg. It's a fact that more than 80% of adult smokers begin smoking before 18 years of age, not realizing that the addictive ingredient, nicotine, has taken control of their lives.

Teens don't realize the harm they are doing to their lungs, and instead focus on how cool they are. The potential to lead to a lifetime of addiction escapes their thoughts. Even in the early stages of a smoker, the craving for another cigarette, the racing of the heart, and the belief that smoking a cigarette is stress relieving is all too prevalent. Partly due to Hollywood, but also due to the mass amount of adult smokers who are not willing or able to give it up. Young people have a false impression that smoking is cool.

This is why it's up to the adults to lead by example. To those adults who are too addicted--and therefore not able to lead--we need to turn to the law to help. Our children need our help more than ever.

Secondhand smoke is another issue that effects us all, smokers and non-smokers alike. So the issue goes deeper than children copying adults. Children are harmed by the secondhand smoke as it enters their lungs. This leads to bronchitis and other medical issues at a young age, which can be permanent ailments.

For many young people, that first cigarette or use of smokeless tobacco will lead to a lifetime of addiction, and for many, serious disease. Retailers are vital partners in the FDA's efforts to prevent tobacco use among kids.

As of today, FDA-commissioned officials have conducted more than 27,500 compliance checks. Retail inspections focus on sale and distribution restrictions, including:

age and ID verification
requirements for labeling and advertising of smokeless tobacco products
restrictions on the sale of single cigarettes
a ban on certain candy and fruit-flavored cigarettes
prohibited self service displays and vending machines

I am a Bay Area Personal Injury Attorney, and father, I care deeply about the quality of life given to our younger generation. I am dedicated to living a healthy lifesytle for myself, my family and my community, and am a non-smoker. I urge all adults to assist in protecting our youth from the dangers of tobacco products.

About the author: Claude Wyle is an aggressive advocate for Bay Area child 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.

Texting While Driving Dangers: Increased California Fines Proposed

2011-11-12T00:17:37Z

Distracted driving statistics continue to rise, as I've discussed before. The accident rate is, in fact, surpassing the drunk driving rate, recent studies have shown. Texting while driving is, in my opinion, the most insidious forms of distracted driving.

Still, drivers continue to cause accidents that could have been prevented were they not on their cell phone texting--performing all main forms of distraction:

visual (taking your eyes off the road)
manual (taking your hands off the wheel)
cognitive (taking your mind off what you're doing).

According to consumer reports, drunk driving rates are dropping significantly. The speculation is that distracted driving, according to distraction.gov, may follow the positive trend of drunk driving if the fines are raised. In California, drunk drivers face, on the first offense, a $1000 fine, a suspended license and mandatory jail time of up to six months. By comparison, according to California distracted driving laws, a first offender incurs just a $300 dollar fine. Yet, is drunk driving that much more dangerous than texting while driving? Well, drunk driving is probably more dangerous; however, distracted driving is an epidemic and is easily cured.

Consider the results of a troubling study recently conducted by the AAA Foundation for Traffic stating that 95 percent of drivers surveyed recognize that texting while driving is a serious threat, and 88 percent feel the same way about cell phone use. Clearly, driver education and advocacy working to bring this danger to light has been impactful.

I am sad to report though that even though almost everyone recognizes the life-threatening dangers associated with texting while driving, more than a third of those same respondents also said they had read or sent a text message while driving in the last month. The disconnect suggests that people are in denial about their own distracted driving practices.

True, a key component of new cell phone technology is that of instant connectivity. How can we get people to abstain from texting, especially the younger generation?

Those using a cell phone while driving are clearly less attentive to normal driving activities. Studies have shown that texting while driving doubles reaction times. What is sad is that while we recognize the cause and effect of distracted driving, many still don't think the dangers apply to them. It is analogous to the driver who has been drinking but still thinks they are good enough to make it home. "Texting may be dangerous for some, but I am a good enough driver to get away with it".

As a San Francisco Automobile Accident Lawyer, I say it's time to wake up and get real. Pay attention while you are driving. Texting while driving is not safe!

I am happy to report that there's more pressure than ever to clamp down on distracted driving laws, but we need more if we are to keep the next generation of drivers safe.

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

San Francisco Bicycle Messengers

2011-11-07T19:31:40Z

I've previously written about bicycle safety tips to help my fellow cyclists by promoting what I think are some of the safest cycling habits. Cycling is supposed to be about fun, healthy exercise and it should also help us to relate well to the environment. Safe bicycling habits will help to prevent bicycle accidents, particularly bicycle collisions with cars, and thereby bicycle injuries.

As a San Francisco Bicycle Accident Attorney, my experience has taught me that some of the most common threats are found where you might least expect them, so following these simple precautions may help you avoid bicycle injuries.

Don't ride drunk. This seems obvious, however, many people think only driving drunk is dangerous. Bicycling requires coordination and impairment from alcohol clearly lowers your ability to control the bike and to avoid sudden hazards.
Ride with traffic. If you do not ride with traffic, you may end up surprising a motorist and getting hit simply because he or she did not expect you to be there.
Don't ride with headphones. One great advantage for cyclists is their relatively lower speed and less wind noise. Many times, you will hear a car or truck or motorcycle well before you will see it coming. Headphones isolate you from hazards, increasing your danger of injury.
Wear a bicycle helmet. I know there is a big debate on this issue, but I stand firm. Even though bicycle helmets cannot prevent all injury, they certainly help. Why not wear a bicycle helmet? Fashion?
Be predictable. This means that bicycle riders are in more danger when they violate driver expectations. You may have the right of way, but if you fail to ride predictably, then you increase the odds of surprising a motorist and contributing to a collision. And if bikes and cars collide, the bicyclist is generally the injured party.
Be visible. Let them know you are there and make sure you are seen as best you can. This is a part of being predictable also.
Be aware of parked cars--don't get doored. Ride wide if you can, and keep an eye out for drivers and passengers about to open doors into traffic.
Be vigilant. As a bicycle rider you are more vulnerable to serious personal injuries so you need to protect yourself and ride defensively. Yes, they will turn left right in front of you and yes you should cover the brakes when passing cars on the right as they will also cut in front of you by making a right turn.
Be a defensive cyclist. All of the above adds up to this simple summary. Because you are the party most likely to suffer injury, you must try to constantly see and evaluate and strategize to keep yourself safe.
Use a turn signal (i.e., your arms). Let drivers and pedestrians know what you are doing. Accidents are usually surprises to at least one of the parties. Signals help prevent bicycle accidents.

The masters of bicycle safety in San Francisco could well be the bicycle messengers. Why would I say this when we all see so many bike messengers disobeying the traffic laws? While some who scoff laws do act a bit self destructive, bicycle messengers put on more miles in more congested areas and avoid so many accidents daily through defensive and sometimes overly aggressive riding. While I do not condone the violation of the traffic laws, I do admire how the bicycle messengers look after themselves by doing sometimes annoying things like screaming as they ride through intersections. It may be annoying but when drivers know the bicyclist is in the intersection, they are far less likely to hit him or her.

A tight-knit community, part of the San Francisco Bike Messenger Association (SFBMA)'s mission statement is:

"We the messengers of the Bay Area, known as the San Francisco Bike Messenger Association, or SFBMA, hereby state our mission; to promote unity and solidarity within the messenger community and to raise the status of our profession."

They, of course, keep track of their own, and even hold fund-raisers to help out those couriers who are injured such as the "Hard-Luck Benefit Series" of concerts and the Joe Corio's Groundhog Day "49-Mile Ride." They have also established the Broken Bones Fund, a fund created to provide emergency financial assistance to injured San Francisco messengers.

While not the first bike messenger association--second to New York City which formed the Indepedent Courier Association in the 1980s--the SFBMA has been influential and dedicated the world Messenger Appreciation Day, October 9th, when Parté and Nosmo King, brainchilds behind the SFBMA, convinced Mayor Art Agnos to declare this a San Francisco holiday.

The bicycle messengers have it as part of their constitution to keep the bicycle community safe and protected from injuries in their statement to "Ally ourselves with workers in other industries under the principle that 'an injury to one is an injury to all'."

It goes without saying that this radical group of enthusiastic cyclists traverse the serious hills of San Francisco and ride along with busy City drivers all day long on the job. They put themselves in harms way for the betterment of the community, cutting down their carbon footprint and city traffic, by hand-delivering hundreds of packages and documents to and from businesses. The bicycle messenger is an important member of our San Francisco community and should be protected from injuries.

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 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.