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San Francisco Personal Injury Law Blog

San Francisco Motorcycle Accident Attorneys Point Out New 2011 Traffic Laws

  • 19
  • April
    2011

george_claude.pngAs San Francisco Motorcycle Accident Attorneys and avid bikers ourselves, we understand both the dangers that motorcyclists face on the roads, but also the advantages. And we know that motorcyclists help the environment by using less gas and less space on the roads and less space parking. We may be a bit noisy but motorcycle commuters have less of a carbon footprint than car drivers. We are a few months into the new year, but we wondered how many of you know about some new traffic laws affecting motorcyclists effective 2011.

ACCESSING HOV LANES (CVC 21655.9)

Carpool lanes are also known as High-occupancy vehicle (HOV) lanes and are reserved for use by vehicles carrying the driver and at least one passenger. They may also be used by motorcycles and by solo drivers operating certain fuel-efficient, low-emission, or alternative-fuel vehicles that bear Clean Air Vehicle Stickers.  (You can apply for the sticker via the DMV website).

The rules governing this special access aren't permanent, however, and some of the details have changed this year. The California Air Resources Board maintains a webpage summarizing eligibility.

MOTORCYCLE INSTRUCTION PERMITS (CVC 12509.5)

Motorcyclists under 21 years of age are now required to complete an approved motorcycle training course before they may apply for an instruction permit, and they must hold the permit for 6 months before a motorcycle license can be issued.

Feel free to contact us if you have any questions about motorcycle traffic laws or if you or a loved one have been injured in a motorcycle accident and wish to seek a free consultation.

NTSB Urges States to Adopt Tougher Motorcycle Helmet Laws

  • 01
  • April
    2011

While the number of motor vehicle fatalities in the United States has been declining in recent years, the number of motorcycle deaths has been rising. Even though motorcycles account for only three percent of vehicles on the road, they account for 13 percent of fatalities. According to National Transportation Safety Board (NTSB), 12 motorcyclists die in the U.S. each day and the leading cause of death is head injuries.

Universal Helmet Laws Are a Solution

For this reason, the NTSB has recommended that states require all motorcycle riders, regardless of age, to wear helmets. Although 47 states have helmet laws on the books, only 20 require all riders to wear them. Most states only require riders under a certain age - usually 18 - to wear helmets. California requires that riders and passengers wear DOT approved helmets.

San Francisco MUNI Found Negligent In Fixing Problems Relating to Safety

  • 18
  • March
    2011

Muni.CPUC1_.jpgAs a MUNI Accident Attorney in the San Francisco Bay Area, I have been saying for years that MUNI has ongoing safety issues.  I'd like to report that someone, who is not a lawyer fighting against MUNI, agrees. Maybe soon, MUNI will be safer for riders and other users of San Francisco streets.

It is finally official!  MUNI has been negligent in responding to pervasive safety problems, and could face fines of $20,000 a day, according to a state regulator that Thursday opened an investigation of the transit agency.

Muni says it's being railroaded, claiming to have been blindsided by the charges. The MUNI transit leaders claim they have responded to every request made by the California Public Utilities Commission, the state agency with oversight of rail and light-rail transit systems.

What is most important to me here is that the PUC says that MUNI has been dragging its feet on fixing persistent problems, such as the worn-down tracks at Church and Duboce streets, which carry thousands of commuters each day.  Muni has failed to respond to over 20 findings between 2008 and 2010.  Muni has also apparently failed to provide accident reports.

Safety should be the number one concern of any public transit system.  The violations, if true, risk safe operations and potentially endanger MUNI passengers and others who share the street with MUNI vehicles.

Many types of vehicles make up the San Francisco Municipal Railway: buses, LRVs, street cars, cable cars and electric buses.  Because the San Francisco Bay Area is so sprawling, thousands of residents rely on the MUNI system for public transit on a daily basis. Unfortunately, MUNI vehicles are often involved in serious accidents, causing injury or wrongful deaths to pedestrians, motorists, motorcyclists, bicyclists and MUNI riders alike.

If you or someone you know is involved in a MUNI accident, please call me and I'd be happy to speak with you free of charge to explain your options.

San Francisco Bicycle Accident Attorney Warns of Dangerous Intersection at Market & Octavia

  • 07
  • March
    2011

Market Street and Octavia Boulevard is the Joan Rivers of San Francisco intersections, says an article in The Bay Citizen Bike Accident Tracker. No matter how much work is done on it, this dangerous bicycle intersection is still a wreck and is causing bicycle accidents in San Francisco.

bicyclists15_adi_web.jpgThe intersection was the site of the most bike accidents over the past two years.  The primary cause is cars making illegal right turns from Market Street onto the Octavia freeway onramp, while cyclists are cruising along together down the side of Market Street in the bike lane.

Much attention has been paid to this interaction in the form of:

  • Three "No Right Turn" signs added
  • Straight vertical arrows installed into the traffic signal
  • "No turn" painted onto the pavement
  • White pylons added to protect the bike lane
  • Larger signs added to show the right way to get onto the highway
  • Signs added to warn bikers
  • Concrete islands installed separating the bike lane from the road

Illegal right turns still occur, unfortunately, to the cyclists' detriment causing bicycle accidents--six in 2009, eight in 2010 alone.  Numbers have increased along this route as more San Franciscans are choosing to ride bikes over cars.

As a San Francisco Bicycle Attorney I am always trying to look out for the safety of cyclists who have bravely chosen to ride their bicycles instead of further polluting our air by driving their car.  I blogged about this intersection at least two years ago in our Injury Board blog as it's one of the more familiar dangerous streets of San Francisco.  Sadly, the hopeful, healthy choice to commute by bike made by many bicycle riders' often leads to danger from motorists and to severe personal injuries.

While the City of San Francisco seems to be making efforts to improve dangerous intersections as the one illustrated here, there is only so much that can be done to protect the more vulnerable cyclist.

Please ride defensively.  If you or anyone you love has been injured while cycling on one of the busy San Francisco streets, please feel free to call me or send me an email.  Even if your case is not worth hiring an attorney, I try to help with free advice when you call.

Pedestrian Attorney Advises To Look For and Avoid Dangerous Conditions of Roadways and Intersections

  • 28
  • February
    2011

It took the death last year of a Santa Rosa teen in a West College Avenue crosswalk to prompt movement toward a new signal light at the intersection where she was struck, according to an article today in The Press Democrat.

The initial investigation indicates the driver was not speeding, on the phone, or driving under the influence and there are no grounds for criminal charges, police Sgt. Lance Badger said.  But the accident bears a frightening resemblance to the incident just more than one year earlier in which another teen was fatally struck at nearly the same spot, at virtually the same time of day.

City officials said the need for a signal light is clear, and they intend to find funding to pay the estimated $350,000 price tag.

As a San Francisco Pedestrian Accident Lawyer I know that sometimes the roadway is a major player in accidents.  A careful lawyer always looks to see if the condition of the roadway was a substantial factor in causing an injury, both to help explain why our client has been harmed and also to help point out those dangerous roadways to the responsible public entities.

For each accident there are several factors involved and one of those is always the physical configuration of the roadway itself. The road is the scene of the crash and the scene is as much a part of the whole picture as the drivers and the vehicles and the pedestrians involved. A dangerous roadway makes driving safely all the more difficult. Often, with unforgiving roadways, a small driver error can end up with catastrophic consequences.

Bicycle Attorney Warns that REI's Novara Fusion Bicycles Have Been Recalled

  • 24
  • February
    2011

The Consumer Product Safety Commission has announced a recall of 160 REI Equipment bicycles due to a defect in the bicycles' frame. The company said that the alloy steerer tube could separate from the fork causing the rider to lose control, posing a fall hazard to consumers.

The bicycles were manufactured in Taiwan and sold at REI stores nationwide and at REI.com from November 2009 to November 2010 for $600 - $900. Consumers should immediately stop riding these bicycles and contact their local REI store or the REI customer service center to arrange for a replacement fork to be installed free of charge.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction.

As a San Francisco California Bicycle Attorney, I support bicycle safety by making the manufacturers of dangerous bicycle products accountable. I stand for protection for consumers against defective bicycles and dangerous products, and hope that by doing so, we can reduce bicycle rider injuries. Right now I have a case going against a major bicycle manufacturer for a failed steerer tube which caused some serious injuries.

As an avid bicyclist myself, I have had the chance to learn about defective bicycle parts, in particular those products imported from Asia. I learned from a custom bike frame maker, Tony Ellsworth of Ellsworth Bikes that the factory parts from reputable names in Asia are good quality but it's the fast-money REI deals that sell for cheaper that are part of the problem we face with occasionally poor workmanship quality.

This defective product above poses a serious risk. If you believe that you or someone you love has been hurt by a defective bicycle or bicycle part please feel free to call me or send me an email.

San Francisco Installing New Bike Lanes--To Reduce Bicycle Accidents

  • 23
  • February
    2011

biz_commuter.jpg

Up until very recently the message seemed to be, "commute by bicycle at your own risk!"  More people bike in San Francisco every year.  The statistics have grown 60% since 2006 according to this article in the Bay Citizen.

Finally, San Francisco is installing new bike lanes after winning a four-year legal battle.  Innovations like separated lanes on San Francisco's Market Street aim to make bicycle commutes less dangerous.

Despite all of the accidents, many bikers and drivers disagree over whose behavior needs to change most.

As a San Francisco Bicycle Accident Attorney I am a strong advocate for protecting cyclists against dangerous conditions presented by riding in busy traffic.  Bicyclists deserve to have their own dedicated lanes in busy city streets, especially in a progressive city as San Francisco with significant numbers commuting to work by bicycle during rush hour traffic.

I urge cyclists to check out bicycle commuting maps, such as those found on Google Maps, which hopefully demonstrate the safest routes to travel by bicycle.  You can also see where collisions have occurred and other details of crashes.

Many bike accidents are never reported to the police--help make this tool more accurate by reporting your bicycle accident.  Please feel free to contact me if you or anyone you know has been injured in a bicycle accident, and I will help.

Santa Rosa Man Dies in Motorcycle Crash, Found Five Hours Later

  • 24
  • January
    2011

California is a beautiful landscape for motorcyclists. We have some of the best weather in the country and beautiful shoreline to enjoy on an afternoon ride. Earlier this month, The Mercury News reported on a story of one 48-year-old rider whose afternoon ride ended tragically.

According to reports, the Santa Rosa man was riding on Highway 1 in Sonoma County on Jan. 4, when he lost control of his Harley-Davidson and crashed around 3:15 p.m. Exactly why he lost control of the bike has not been determined. And, unfortunately, the motorcycle crash victim did not survive his injuries, so he can't tell what led to the fatal accident.

San Francisco Bicycle Attorney to Lead New Bicycle Litigation Group

  • 26
  • December
    2010

topBarName.jpgI am proud to announce that the Consumer Attorneys of California (CAOC) recently granted approval for me to form and chair a new bicycle litigation group within CAOC.  Consumer Attorneys of California is comprised of more than 3,000 attorneys who represent plaintiffs and consumers seeking recovery in a variety of civil cases related to issues such as:  bicycle accidents; motor vehicle accidents; pedestrian accidents; wrongful death; defective products and drugs; job-related injuries; dangerous premises; civil rights violations; wrongful acts of financial institutions and insurance companies; and medical malpractice.

These types of cases frequently place individual plaintiffs up against large companies who usually have greater power and access to resources. The attorneys of the CAOC work diligently, investing their own resources and efforts, to take on these worthwhile cases, receiving payment only when the case succeeds.

Over the last several years, I have dedicated an important part of my trial practice at Choulos, Choulos & Wyle to working with plaintiffs on cases related to bicycle injuries and accidents.  I cannot tell you what an honor it is to have the opportunity to chair a litigation group specifically focused on these issues.

Being an avid cyclist myself, as well as a resident of the San Francisco Bay Area where cycling is popular not only as a recreational activity, but as a means of transport, I understand and appreciate the importance of protecting cyclists from injury.  I stand behind ensuring their recovery when unfortunate events occur.

The creation of this bicycle litigation group will enable attorneys throughout California to better represent their individual clients in seeking recovery for bicycle-related injuries by providing legal advocates with the information, training opportunities, and networking they need to succeed. This litigation group will also endeavor to promote legal and policy changes that will enhance the rights and protections afforded to bicyclists.

As I work toward creating a litigation group that achieves these ends, I invite other interested CAOC members to join me. I very much look forward to collaborating with other pro-bike lawyers to make bicycling in California a safer and more enjoyable activity for our communities and families.

If you are a CAOC member and this is a practice area that interests you, I encourage you to contact me to see how you can become involved with or benefit from the newly-formed group.

Google Maps for Bicycles Should Reduce Bicycle Accidents in San Francisco

  • 24
  • December
    2010

maps_logo.gifGoogle Maps has offered routes specifically for bikes since the beginning of 2010. 

In the age of riding your bicycle with your iPhone in your back pocket with easy accessibility to Google Maps, cyclists can plot out the best route for their rides, including the topography and traffic conditions.  San Francisco is one of the first cities on these maps! 

As stated in the 24-7 press release, cycling advocates, many of whom had been petitioning Google for years to add this feature, were ecstatic. As reported by Mary Catherine O'Connor at wired.com, Andy Clarke, president of the League of American Bicyclists stated "This new tool will open people's eyes to the possibility and practicality of hopping on a bike and riding. . . . It is a game changer, especially for those short trips that are the most polluting."

To create the mapping tool, Google developed an algorithm that uses several inputs, including which streets do and do not have a dedicated bike lane.

As a San Francisco Bicycle Accident Lawyer and advocate for bicycle safety, I see that these new maps will: 

  • increase bicycle safety
  • decrease bicycle accidents

This new mapping capability offers great information for cyclists, and makes planning new rides that much easier and safer.

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