San Francisco Personal Injury Law Blog

It is always sad when I read about a fatality caused by a careless driver, and I have devoted my career to making those drivers accountable.  When the culprit is simple distracted driving, and when the accident could have so easily been avoided, it's just so much worse! And it is far more tragic to me when the victim is a little girl.

Last December, Calli Murray, age 2, was holding her mother's hand as they crossed the street together.  They were run down by 18-year-old Kaitlyn Dunaway who was driving her car but not paying attention to the road.  She was texting from her cell phone while driving.  As a result of this texting while driving fatality, a child was killed.

This is a severe and tragic example of the dangers of one of the most insidious forms of distracted driving: Texting While Driving.

Fatalities and other horrific results underline a growing problem on our streets, yet collisions and serious personal injuries are occurring every day caused by distracted driving. It is an epidemic and I wonder how we are going to stop it. The laws get increasingly more strict, and the fines get bigger but why do I see so many people talking on the cell phone and even texting while they are driving? I see police officers issuing cell phone tickets and I see police officers talking on their cell phones while driving squad cars.

Where has our educational system failed when seemingly responsible people are compulsively glued to their phones, even while driving? Where do parents need to draw the line? I just bought my daughter her first cell phone and she sent and received 100 texts in four days. Is this my fault? Is it Verizon's fault? How do I curb this habit before she is old enough to drive?

As a Sonoma County Pedestrian Accident Attorney, I cannot stress enough how important it is to keep your eyes on the road, your mind on your driving and your hands on the wheel.  When you are driving a car, you are operating a potentially lethal weapon and you will harm someone if you are not paying attention.

I've written about the dangers of distracted driving (accompanied with a powerful video) before on my Injury Board page because the danger of distracted driving is growing so exponentially.  Let me repeat a few key points:

There are three main types 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

Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing.

While all distractions can endanger drivers' safety, and the community's texting is the most alarming because it involves all three types of distraction.

A high percentage of accident-related personal injuries result from auto and truck accidents, particularly with motorcycle and bicycle riders and with pedestrians.  Driver inattention is a major contributing factor to serious injuries including fractures, lacerations, head and brain injuries, spinal cord injury and paralysis, loss of limb, amputation, and joint injuries with surgery.

The League of American Bicyclists is the national sponsor of Bike Month and is promoting:

• Bike-to-Work Week 2011 from May 16-20
• Bike-to-Work Day on Friday, May 20

Bicycle commuting to work is good for the biker and good for the community.  National Bike Month spreads knowledge and incentive to potential bike commuters.  Hundreds of U.S. cities have been successful in increasing bicycle commuters by offering enticements on Bike-to-Work Day.  San Francisco is a bicycle friendly city.

A study published by the San Diego Association of Governments showed that one out of five people who participated in their Bike-to-Work Day promotion as first-time commuters became regular bike commuters.

San Francisco hosts numerous bike events during National Bike Month.  On Bike-to-Work Day they set up energizer stations all over the city so that people can stop in on their morning and evening commutes.  The energizer stations contain food, red blinky lights and reflective leg bands.

As a San Francisco Bicycle Accident Attorney I promote safe bicycle commuting to work or school as a healthy and cost-effective means of transportation.  I'm a proud sponsor of the Marin County Bicycle Coalition, and member of San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition as well, and we support Safe Routes to Schools and other pro bicycle and pedestrian organizations.  We do our part by making those who violate the law and  harm bicyclists accountable, by making careless or overly aggressive motorists accountable and by making those who maintain dangerous roadways and dangerous bicycle products accountable.

Accountability is the key to changing bad behavior. If we can make bicycle riding in the San Francisco Bay Area safer, then we will encourage more bicycle riding. The primary goal of bicycle coalitions as I see them is to promote safe bicycling as a viable form of daily travel as well as recreation.

I'm a fan of Bike Month's other sponsored ideas such as bike mentor ride matching, commuter convoys, breakfast rallies and company commuter challenges. I support any way to help improve the safety of the bicycle community.

The Golden Gate Bridge staff wants to impose a 10 mph speed limit on bicyclists - with a $100 fine for violators - following a year-long study by Alta Planning & Design that excluded input from local cycling groups.

The speed limit would drop to 5 mph around the blind corners of the bridge's towers and in construction areas.  There currently is no speed limit for bicycles on the bridge.

The plan is intended to reduce bike-related collisions. With up to 6,000 cyclists using the bridge on busy days, the study says speed was cited as a factor in 64 crashes during the decade from 2000 to 2009.  The other 101 bike crashes during that time were attributed to causes like inexperience.

The proposal sparked controversy among cyclists at the hearing April 21, 2011 as outcries forced a delay on the Building and Operating Committee's decision, together with 60 complaints prior to the hearing. The committee did not feel right about the anger and frustration of the cycling community.

Bicyling organizations claimed to be intentionally excluded from a year-long $25,000 study of cycling safety. They claimed the proposed speed limit law was a "solution in search of a problem."

The committee vote was put off indefinitely with the plan to work together with the cycling community to refine the proposal.  I am very gratified to learn the committee is working with the bicycle community, not just imposing new rules which may or may not be good for users of the bridge.

As an avid bicyclist and zealous San Francisco Bicycle Attorney I know how good for the rider and the community bicycling can be, but I personally believe that safety comes first. I'm a proud sponsor of the Marin County Bicycle Coalition, and member of San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition. The primary goal of most bicycle coalitions is to promote bicycling both as recreation and as a viable form of daily travel and to enhance bicycle safety. Bicycle groups also are concerned with any policy which will discourage bicycling.

Bicycle travel between Marin county and San Francisco via the Golden Gate Bridge  brings up some complex issues.  There are also thousands of tourists and pedestrians on the bridge, making it necessary to create special biking zones on the weekends on the west side of the bridge.  Cycling is great fun but I can also understand the Alta Planning & Design concerns about the head-on collisions due to the speed of some of the bikers, especially around the bridge towers.

A bicycle accident, especially on the Golden Gate Bridge with enclosed traffic on one side and a treacherous ocean often with high winds on the other, can be deadly for both pedestrians and bicyclists.  Injuries such as head injuries, bone fractures, spinal cord injuries, or other serious injuries can occur. I hope all concerned will remember that if bicycling is safer, we will be encouraging bicycling and enhancing the image of cyclists in our community.

Feel free to contact me if you have any questions or concerns about California bicycle laws or bicycle safety, especially on the Golden Gate Bridge.  I'd be glad to speak with you free of charge.

As 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.