San Fransisco, California Personal Injury Blog | Choulos Choulos & Wyle

Natural Gas Line Explosion in San Bruno--PG&E Cover Up?

2010-09-10T06:53:25Z

I'm stunned as I consider the images the natural gas line explosion this evening in San Bruno shortly after 6 p.m., leaving many people critically injured and at least one person dead.

If you haven't seen it yet, take a look at these photos from sfgate.com.

As a Bay Area resident, my heart goes out to the victims and their families. As a San Francisco injury attorney and a Pacific Gas and Electric consumer, my thoughts immediately turn to how this could have happened.

Don't look at PG&E to step up and take responsibility for this San Bruno gas line explosion and any time soon, though. While Pacific Gas & Electric officials initially said a 2-foot-wide natural gas pipeline had erupted, causing the fire and forcing a wide-scale evacuation, a spokesperson later said it could not confirm that the cause was sparked by a pipeline The official PG&E position is: "If it is ultimately determined that we were responsible for the cause of this incident, we will take accountability. Our thoughts go out to everyone affected by this terrible situation."

And you wonder why lawyers have to get involved whenever someone gets hurt. It is exactly this kind of back-tracking and corporate speak, seeking to deny or shift responsibility that BP is using to deny responsibility for the Gulf Oil Spill that makes it almost impossible for victims and their families to find out why things happened and get some comfort, if not closure.

Let this be a message to PG&E: Bay area residents will not tolerate a cover up. We will get to the bottom of this disaster and we will not be intimidated by PR spokespeople and fall guys. We trust you with our lives every day, and the least you can do is be honest about how this happened.

California Court Makes Parks Safer After Bicyclist was Injured

2010-08-02T14:41:44Z

The California Supreme Court has made a thoroughly considered decision regarding California Civil Code section 846 after a bicyclist sued the United States government in a personal injury lawsuit.

The plaintiff Alan Klein was injured in a serious bicycle accident in Southern California in 2004. He was riding through Angeles National Forest when a volunteer for the park hit him with his vehicle, causing Klein catastrophic, life-altering injuries.

He suffered broken ribs, a severed ear, a collapsed lung, a brain injury and an injury that lost him the use of his left arm. Because of his injuries, Klein had to retire from his job as an air traffic controller, and his wife also retired in order to care for him.

The couple sued the United States government, which owns the park, and the driver for damages.

]]> California's Civil Code section 846, however, made the Kleins' case difficult. The first paragraph of the law, on which the court primarily based their ruling, is stated as follows:

"An owner of an estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purpose, except as provided in this section."

The United States government argued that the above law protects them and their employees from being sued for damages in cases like this. Klein was using the park recreationally, not by invitation, and was injured basically because he entered the park at his own risk.

The California Supreme Court disagreed with that defense. They ruled in favor of the plaintiff because they believe that the accident was caused by vehicular negligence, a crime not covered by the liability protection provided within the law.

Safety advocates for the many bicyclists and pedestrians who enjoy California's numerous public parks see this ruling as a victory. Civil Code section 846 could be applied dangerously if courts saw it as absolving the government and its employees in public parks from total responsibility.

This recent ruling has helped to better define the law's scope and protect Californians.

Resource

Leagle: Alan Richard Klein et al., v. United States of America et al. (7/26/2010)

Motorcyclist Killed After Colliding With Car in West Oakland

2010-07-08T00:29:01Z

The Contra Costa times reported that a motorcyclist was killed in a crash in West Oakland last Sunday after colliding with a car. Apparently, at approximately 3:45 p.m., a 40-year-old San Francisco man was driving a Suzuki motorcycle westbound on West Grand Avenue at the intersection with Magnolia Street, when a 31-year-old Berkeley man driving a Mercedes-Benz sedan in the opposite direction made a left turn in front of the bike and the car crashed into the bike.

The collision threw the motorcyclist onto the pavement, where he was critically injured. The driver stopped and called 911, but the motorcyclist was pronounced dead at the hospital.

As a San Francisco personal injury lawyer, I am confronted all too often with this type of situation. As I wrote recently, one of the big problems for motorcycles is that car and truck drivers often do not have an awareness of motorcycles on the road. Failure to look out for motorcycles and bicyclists often results in the motorcyclist being hit and killed, as in this case, and the driver of the car or truck not even slightly injured.

Another point that I find very disturbing about this case is that the police look for away to blame the motorcyclist, even though the car driver was clearly at fault--he made a left turn in front of the motorcycle! Still, the police make sure to report that "a large amount" of marijuana and cash was found in the motorcyclist's possession. Really? Really? A person driving responsibly, minding his own business is hit by a car and that is what the police report on?

The bias against motorcyclists and bicyclists has to stop here. Let's all watch for two-wheeled vehicles when we're driving and let's not assume that they are at fault.

Anyone with information on the crash is asked to call investigators at 510-750-6594.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not at fault" persons named in this article and their family members.

Parents of Teen Killed On Bike Sue City of Waterford, County, State

2010-06-28T20:11:40Z

I read last week in the Sacramento Bee about a 16-year-old Waterford girl killed while riding a bicycle. Her parents have filed claims against the city of Waterford, Stanislaus County and the state of California.

As a San Francisco personal injury lawyer, I often have to acknowledge death as the tragic result of someone's negligence. As a parent, however, I can only imagine how I would cope with the worst tragedy that can befall any parent--the death of a child. The child in this case, 16 year-old Ashley Henderson, died after she was struck by a pickup truck on February 12 while riding across Highway 132, also called Yosemite Boulevard, at Western Avenue. The particular intersection where the accident occurred has north and south stop signs, but no traffic signals.

This tragedy underscores something that I have to investigate on a regular basis. Sometimes there may be a combination of factors that contribute to causing a collision and injury. Roadways are often poorly maintained or not built according to a city's own standards or plans. Sometimes poorly designed roads are a factor. In other instances, roadways which may have been safe when designed have now because of changed circumstances become unsafe roadways. Changes like increased traffic volume or changes in neighborhoods may make roads unsafe for bicycles. Accident history is important but not always the key.

In this case, the Bee reported that Waterford officials had hoped for traffic signals at this intersection, but budget concerns may have interfered with their plans. Meanwhile, Caltrans had no record of a request from the city for a traffic light at this intersection. Further investigation will be required, but in the meantime, join me in urging all motorists to be especially aware that they must share the road with bicyclists. A few seconds will not make a difference in what time you to get to your destination, but it can make all the difference by saving someone's life.

Attorney for Bike Rampage Survivor Calls This a Wake-up Call

2010-06-26T01:35:16Z

Bike rampage survivor Rolando "Alan" Casajeros describes the injuries and pain he suffered after the attack.

San Francisco injury lawyer, Claude Wyle, calls this a wake-up call: Motorists must share the road with bicyclists.

Charitable Trust Fund Set Up to Help San Francisco Road Rage Bicycle Survivor

2010-06-24T22:05:27Z

I told you earlier that Choulos, Choulos and Wyle, San Francisco injury attorneys, are representing the most badly injured survivor in the San Francisco Road Rage incident. His name is Rolando Casajeros. He is 39 years old and has been staying with friends in Redwood City since being released from the hospital after being run down by a car.

The alleged driver of the car, David Mark Clark, 39, of Albany, is in custody, undergoing psychiatric evaluation, awaiting charges of attempted murder aggravated assault and hit-and-run resulting in injury for his unprovoked attacks on four bicyclists in the Mission District on June 2, 2010.

In the aftermath of finding and jailing the perpetrator, it is easy to assume that the case has been "solved" and that the criminal justice system will provide retribution for Mr. Casajeros and the other victims. In one sense, this is correct. The criminal charges against Clark will grind through the justice system and if Clark is convicted he will eventually pay for his crimes.

But one much larger question must be addressed today. Rolando Casajeros was severely injured in this attack. He suffered 12 facial fractures, bleeding on the brain, fractured his jaw, and lost teeth. He had to undergo a 19 hour surgery and has more surgeries and many, many months of long and painful healing ahead of him.

Healthy San Francisco is a City-established program that covers the actual medical expenses, but Mr. Casajeros has no way to support himself during the rehabilitation process. As I said, he is staying with generous friends in Redwood City, but he has no means of support because he will not be able to return to his job as a waiter for months. He will also need transportation to and from his physical therapy appointments

As an avid bicyclist myself I knew that members of the San Francisco cycling community would like a way to help a fellow cyclist when injured by someone who refused to share the road!

To make it possible to donate, we have set up a special trust fund in Mr. Casajeros' name. Donations can be sent to:

Claude Wyle
Choulos, Choulos and Wyle
425 California Street
San Francisco, CA 94104

Make your checks payable to Rolando Casajeros and Claude Wyle, trust account number 7734751691.One hundred percent of the money will be spent on behalf of Mr. Casajeros to help with his expenses during his lengthy rehab.

If you want to show your support in person and make a donation there will be a fund raiser at the Old Clam House on June 27 at 3 pm.

If you need more information, please call Claude Wyle, Choulos, Choulos and Wyle (415) 474-7800.

Help Needed to Identify Driver Responsible for Death of 2 Motorcycle Riders in Crash Near Antioch

2010-06-17T01:10:48Z

I write with a heavy heart about the latest motorcycle accident in the Bay Area. As an avid motorcyclist myself, and a San Francisco injury attorney, I am often involved with injuries resulting from motorcycle accidents, but few situations are as upsetting as this. Cbs5.com is reporting that two people on a motorcycle were killed near Antioch late yesterday afternoon when the driver of a pickup truck made an unsafe lane change and caused a Honda Civic to hit the motorcycle.
According to the California Highway Patrol, the driver of a black Ford F-250 truck towing a white boat made an unsafe lane change, which forced the Honda Civic into the motorcycle. The truck did not stop after the crash.

The motorcyclist and passenger were taken to the Kaiser Permanente hospital in Antioch, where they were pronounced dead. The driver of the Honda Civic suffered serious injuries.

What upsets me most about this story is that it shows the typical auto or truck driver's disregard for the safety of motorcyclists around them on the road. Trucks and cars look out for other large vehicles, but they rarely consider motorcycles when they change lanes, make left turns, cross over the yellow line, etc. The disregard is even more apparent when the driver of the truck who caused this horrible accident didn't even stop. Didn't even acknowledge that he took two people's lives.

Please, if you have any information about this accident call 1-800-TELL-CHP. A black Ford F-250 towing a white boat in the Antioch area yesterday afternoon should be recognizable to someone. Nothing will bring back these two innocent motorcyclists, but providing information would at least tell everyone that we care about motorcyclists and their rights and will not continue to ignore them.

Cincinnati couple killed in San Francisco taxi crash identified--Driver under investigation

2010-06-17T01:05:03Z

Yesterday I reported that a Cincinnati couple was killed when the brakes failed on the Desoto cab they were riding in and the cab crashed into a freeway support column and caught fire.

The passengers were Dennis and Karen Marshall of Columbia Township. They arrived in San Francisco on Monday and hailed a cab at the airport to take them to their hotel.cab driver, Fageh Hassan Behbahani, 49, of Daly City, is now under criminal investigation for not pulling over when he first smelled smoke 2 miles before the crash.

Behbahani told investigators he and the Marshalls smelled smoke in his DeSoto Cab Co. taxi as he passed Candlestick Park while driving north on Highway 101 Monday morning, taking the Marshalls from the airport to the Mark Hopkins hotel on Nob Hill.

What the CHP needs to determine now is whether an average or so-called "reasonable" person would have pulled over right away or would have kept driving.

As a San Francisco injury lawyer, with a lot of experience handling taxi cab accidents one of the problems I identified with this case yesterday was that many of the taxi drivers employed in San Francisco have very little training. According to the CHP, Behbahani has a valid driver's license and a clean record, but he has worked for DeSoto for just six months. Further, city taxi drivers do not usually receive any continuing education about safety or defensive driving. While an average person may not have pulled over after smelling smoke for two miles, I do not think it is too much to ask that taxi drivers, who are responsible for the safety of their passengers, be given instruction about what steps to take in a situation like this.

I further noted that many of the cabs on the street are not well-maintained. The cab that crashed passed an inspection in January at the permit processing unit at San Francisco International Airport. That maintenance record will have to be reviewed, but even if the vehicle was maintained properly, what about training drivers to recognize risks? What about instruction in defensive driving when emergencies such as failed brakes occur?

DeSoto released a statement saying DeSoto extended condolences to the victims' families, but declined to comment on the crash or the investigation. It is sad but true that it will take a lawsuit before DeSoto will tell us what really caused this crash.

Our thoughts and prayers are with the family and loved ones of the Marshalls.

San Francisco Bike Rampage Suspect in Psych Ward

2010-06-15T23:23:30Z

As a San Francisco injury attorney representing one of the injured bicyclists in the Bicycle Road Rampage incident that took place last week, the only good news to report is that the suspect, identified as David Mark Clark, 39, of Albany, is in custody and has been charged with attempted murder, rather than aggravated assault, for allegedly hitting bicyclists with his car in San Francisco last week.

Police said Friday a motive is still unknown for why Clark allegedly targeted the bicyclists. Prosecutors not listing any hate crime charges, which implies, I suppose, that hate was not a motive.

Meanwhile, Clark is being held under observation at the county jail's psychiatric unit, which brings up a very troubling aspect of this case, which is whether there will be insurance coverage to assist the victims not only with their out-of-pocket expenses, but also with other damages such as lost wages and pain and suffering. (In the interest of full disclosure, as I noted above, I am representing the most seriously injured bicyclist and I therefore do have a financial interest in the outcome.)

Generally speaking, there is no insurance for intentional acts, as set forth in Insurance Code section 533. However, the "intentional" nature of the act can be negated by the wrongdoer's mental state and his capacity to intend to do the harm. In other words, if Clark did not have the capacity to intend to do harm to the bicyclists because he was suffering from delusions, say, there is an argument that any insurance he carried would be available to the bicyclists.

I don't know what will ultimately be decided about Clark's mental state, but it seems clear to me that no one in their right mind would target bicyclists, in public, with witnesses, with no apparent motive unless his mental capacity was severely impaired.

For now, let's just be thankful that Clark is behind bars and hope that the justice system works to insure that he will never hurt another bicyclist. Meanwhile, I will work to make sure that the civil justice system does its best for my injured cyclist client.

Ohio Visitors Killed in San Francisco Taxi Cab Accident -Was it Negligent Maintenance or Bad Driving?

2010-06-15T23:07:50Z

I was very sorry to hear that a couple from Ohio vacationing in San Francisco died yesterday when the Desoto taxi they were riding in crashed on an Interstate 280 off-ramp. In addition to the death of the two taxi passengers, the taxi driver was seriously injured, and two sheriff's deputies who helped pull the victims out of the car were hospitalized for smoke inhalation.
According to the CHP, the couple was on the way from SFO to the Mark Hopkins hotel on Nob Hill when the cab's brakes apparently failed. The taxi cab crash was reported at 10:57 a.m. at the Mariposa Street off-ramp from northbound I-280.

The woman passenger was pronounced dead at San Francisco General Hospital shortly after the crash, and the man died at about 4:20 p.m. The taxi driver was seriously injured but left the hospital.

The cause of the accident appears to have been failed brakes. The taxi driver said that he had smelled smoke as he was driving on the highway and that the brakes failed as he took the Mariposa off-ramp. The driver said he also tried to use the emergency parking brake to stop, but that did not work either and the taxi ended up crashing into a highway support beam and catching fire, before it hit a steel support fence.

The taxi was a Dodge Intrepid from the Desoto Cab Co. and was registered in San Francisco.

As a San Francisco Taxi Cab lawyer, I am always upset by this kind of case, because it almost always involves negligence on the part of the cab company in failing to keep its taxis safe for passengers. While I understand that the cabs have to be out on the street to make money, there is no justification in the world for failing to do proper maintenance--especially when it involves something as important as brakes. The taxi companies have to learn that we will not tolerate any shortcuts and passenger safety should be safeguarded before any other concerns.

Having handled lots of cases against cab companies in this City, many against Desoto, I do know that the training a De Soto cab driver needs to get his cab driver's license is not at all stringent ( one week at a City class), and that they generally have no ongoing safety meetings and no ongoing safety training. They get no drivers handbook from De Soto. Cab drivers are allowed to work other jobs and can show up to work tired from their other jobs. As professional drivers, the taxi drivers should be subject to greater regulation, and stricter safety standards, like truckers. Still, in California the cab driver is held to the highest standard of care, which is greater than a regular driver. I sincerely hope that the family of this couple finds a good law firm who makes the cab company accountable for this crash. Only when people or companies are made accountable does their behavior change. I would be happy to discuss this case and the law as it pertains to taxis and passengers in California with anyone who calls for a consultation.

San Francisco Bicycle Hit-and-Run Rampage-Suspect David Mark Clark Arrested

2010-06-12T00:42:36Z

In case you haven't been following the San Francisco Bike Rampage case, last Wednesday night in the Mission and Potrero Districts, four San Francisco cyclists suffered serious personal injuries including broken bones, lacerations and internal injuries after a driver, now suspected to be Albany resident David Mark Clark, went on a "road rampage" in the City, intentionally hitting them as they rode on the public street. There were four bicyclists hit by Mr. Clark, in four separate incidents.

Witnesses said that Clark intentionally tried to hit the bicyclists. As a San Francisco bicycle accident attorney and an avid bike rider myself, I was outraged by the initial reports, but now I am even more outraged. After hitting the cyclists, the driver abandoned the car, including his wallet and cell phone, at the scene of the crime and fled on foot. Police were able to identify the owner of the car and went to his house in Albany, but no one was home, apparently. San Francisco and Albany police then put the residence under surveillance. On Friday, Mr. Clark turned himself in to the Albany Police, saying that he had been the victim of a carjacking on the evening of the attacks on the bicyclists and that he had not been driving at the time the bicyclists were hit.

While this possibly could have happened; Clark didn't report the theft for two days and the bike attacks had been all over the news. Apparently the police did not buy the story either and arrested Clark after interviewing him. Police still don't have any kind of motive for Clark's actions and Clark is currently being held without bail in the San Francisco County psychiatric lockup.

I have been consulted by the family of the bicyclist who suffered the worst injuries and I am sad to report that, as a result of this motorist's sociopathic behavior, our new client still remains in the intensive care unit in the hospital. His friends and family are trying to raise money on his behalf, and I have been advising them on many of the legal issues that have arisen after this incident. This bicycle rider's life has been turned upside down permanently.

While the San Francisco District Attorney will be shooting for a felony conviction, where will this leave the survivors of the attack? While the Court may ultimately impose restitution upon the suspect, after he pleads out, I sincerely doubt whether any of the surviving bicyclists will be made whole financially. Also, who will be held accountable for the tremendous pain and suffering this person has caused these cyclists? And who will be made accountable for their lost income or future disability? Only the civil justice system actually seeks to make whole the survivors of this attack on San Francisco bicycle riders. And whether these bicycle attack victims are compensated depends mostly on the assets and available insurance of the attacker.

If you are one of the cyclists who has been injured in this incident, please remember to check your own auto insurance policy for uninsured motorist coverage, which covers you for a hit and run, or for underinsured motorist coverage which will pay if the driver had inadequate coverage to cover your losses. I will blog more on the insurance aspects of this potential claim in my next installment on this subject.

We are not yet officially representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article, and my initial meeting with one of the cyclists' families. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided here. Get a consultation. The best law firms will provide a free confidential consultation to "not at fault" persons like those named in this article and their family members. If you are a concerned San Francisco cyclist, and have questions about your rights, please feel free to call me and I will be happy to speak with you free of charge.

Hit-and-Run Road Rage Rampage: Driver Mows Down Several Bicycle Riders in San Francisco

2010-06-04T19:54:57Z

This was no bicycle accident! This was an attack on bicycle riders! As an avid bicyclist myself and a San Francisco bike injury lawyer, I think I speak for all bicyclists when I report with outrage the story that developed late Wednesday night in the Mission and Potrero Districts. Three San Francisco cyclists suffered serious personal injuries including broken bones, lacerations and internal injuries after a driver went on a road rage rampage in the City, intentionally hitting them as they rode on the public street. There were four bicyclists hit in all, in four separate incidents. Only one received treatment at the scene; the others remain hospitalized, one in critical condition.

Police are on an "all out" manhunt as they search for the person who drove through the Mission and Potrero Hill neighborhoods on Wednesday night. They are looking for the driver of a blue Nissan Rogue that hit the four bicyclists in a matter of just six minutes. San Francisco police are saying this was a targeted attack; they are therefore treating it as a case of aggravated assault, as opposed to mere negligence.

According to police spokesperson Lt. Lyn Tomioka, the driver changed lanes in traffic and went on the wrong side of the street. "Witnesses said he was driving to try and hit the bicyclists," according to Tomioka.

All of the victims are expected to survive, but their lives have been seriously and wrongfully disrupted.

I also want to note if you are a bicyclist or a pedestrian hit by a car, even if it is a hit and run driver as in this case, I recommend you see a personal injury lawyer. There will be liability on the part of the driver, or there could be other avenues of recovery, such as your own uninsured motorists' insurance coverage.

If you are covered by an automobile insurance policy, on your own car, or on a car in your household, you are also then covered for hit and run under the uninsured motorist provisions in the policy. That is right! Car insurance covers bicycle accident injuries and pedestrian accident injuries. If a car goes out of control and careens into your home while you are in bed, you are covered for medical payment coverage and uninsured motorist coverage and underinsured motorist coverage. Call a bicycle accident attorney or a pedestrian accident lawyer right away to make sure that you are made financially whole. And, if the accident is not your fault, your insurance rates will not go up.

Police are asking witnesses to come forward with any information that would help the investigation.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided here. Get a consultation. The best law firms will provide a free confidential consultation to "not at fault" persons like those named in this article and their family members.

UPDATE: Google Maps Causes Pedestrian Accident?

2010-06-03T21:16:46Z

On May 26, we posted a story about Google Maps' addition to their navigation services. Google added a service for bike riders to use when plotting out their bike routes. The service allows pedestrians to choose routes based on safety and athletic difficulty.

In a surpising turn of events, this addition to Google Maps that was predicted to increase pedestrian safety is now being accused of putting a California woman at risk when she went out for a walk. The woman claims that the route Google Maps planned for her walk was dangerous and led to her getting hit by a car, being injured and emotionally distressed.

She is suing the company for at least $100,000 in damages for her physical and emotional injuries. We will keep you posted on the status of this personal injury case.

Resource

Google Maps directions lead injured walker to court

San Francisco Bicycle Accidents Will Be Reduced When Bicyclists Are Allowed Their Fair Share of the Road

2010-06-03T18:13:03Z

Earlier this month the San Francisco Civil Grand Jury issued a report entitled "Sharing the Roadway: From Confrontation to Conversation," that identifies communication issues between cyclists and drivers and seeks "to move towards everyone seeing him/her self as part of the community sharing the roadway." Hopefully this will one day help to reduce San Francisco bicycle accidents.

As a San Francisco bicycle accident lawyer, I appreciate the effort, but I always balk at the notion that cyclists and motorists are different classes of people. The San Francisco Bicycle Plan's ("the Plan") stated mission is to "make bicycling an integral part of daily life in San Francisco" with a goal of "making bicycling safer and more convenient in San Francisco." The objectives of the Plan are to increase the daily number of bicycle trips, develop improved bicycle use tracking, and address the rate of bicycle collisions. In its report, the Grand Jury's review of the Plan focused on the issues of education, enforcement, and equity, noting that motorists and cyclists must come to a greater understanding of each other's requirements, abilities, and responsibilities as they share the byways of the City and County of San Francisco.

Except that the burden always seems to be on the bicyclists and it is up to us, as bicyclists, to educate the motorists. Why? Do motorists have to educate other motorists as to road safety? Wouldn't any car driver complain, justifiably, if semi-trucks ignored the law and forced them to yield at every opportunity just because they're bigger and they have less of a chance of being hurt in a collision?

Luckily, I'm not the only one who realizes this inequity, and there is at least one very important person who is dedicated to improving the standing of bicyclists across America. I am speaking of Transportation Secretary Ray LaHood and his announcement this March of a major policy change regarding the way bicycle safety and bicyclists are treated.

Specifically, Secretary LaHood proposes these key recommendations for state DOTs and communities:

·         Treat walking and bicycling as equals with other transportation modes.
·         Ensure convenient access for people of all ages and abilities.
·         Go beyond minimum design standards.
·         Collect data on walking and biking trips.
·         Set a mode share target for walking and bicycling.
·         Protect sidewalks and shared-use paths the same way roadways are protected        (for example, during snow removal)
·         Improve nonmotorized facilities during maintenance projects.

As Secretary LaHood says, this is a start, but it's an important start. Let's support him and our local governments in implementing these policy changes.

San Francisco Police are Investigating Death of Apparent Pedestrian in Hayes Valley

2010-06-02T21:41:58Z

I have commented from time to time about the dangers to pedestrians in San Francisco, the number of pedestrians hit by cars, and the number of pedestrian accidents in the City.

In line with those sad stories is this: CBS5.com reported last week that the San Francisco medical examiner's office has released the identity of a 24-year-old man found dead near a busy thoroughfare in the Hayes Valley neighborhood.

Emile Llewellyn, of San Francisco, was found in the median on Octavia Street just north of Market Street, near the entrance to U.S. Highway 101, around 4 a.m., according to a police spokesman

Police are still investigating the cause of his death, including the possibility he was a victim of a hit-and-run. Police also said that a skateboard and vehicle parts were found in the area, but they have not conclusively been determined to be connected to the case. The police at this time do not know whether the cause of death was a hit-and-run accident, homicide or some other type of crime. They are still investigating all possibilities for this young man's death.

While it is unclear exactly what caused Mr. Llewellyn's death, let's not forget that San Francisco is an extremely dangerous city for pedestrians. As a San Francisco pedestrian accident lawyer, I see all too many instances of pedestrian versus auto accidents and the results are always tragic and often fatal. As drivers, let's be more aware of the people around us--not just the other cars, but the people riding motorcycles, walking, riding bikes, and, yes, skateboarding. All of these human beings have a right to use the roadway, equal to our rights as drivers and the extra few moments it takes to check for their presence won't cost you a thing and it just may save a life.

In the meantime, police are asking anyone who was in the area at or prior to 4 a.m., and who may have noticed anything unusual, to contact them.

Our thoughts and prayers are with Mr. Llewellyn's family and loved ones during this tragic time.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.