Car and Auto Accidents

San Francisco Bike Attorney: Bike Accidents with Cars or Trucks

June 22, 2010 | Gregory J. Brod

There are multiple California Vehicle Code sections that impose responsibilities on drivers of automobiles with respect to bicyclists. For example, California Vehicle Code § 22107 states: “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.” In addition, California Vehicle Code § 21801(a) states: “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction (emphasis added) which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.” Finally, though persons riding bicycles are not defined as “pedestrians” under the Vehicle Code, Vehicle Code § 21950(a) requires a driver of a vehicle to yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk.

While the laws designed to protect cyclists may govern the fault and responsibility of a driver of a car or truck after an accident, they cannot, however, protect you as a cyclist. That’s why it is important to be as aware of the cars and trucks around you as possible, and to ride defensively. Assume that drivers do not see you, and always wear a helmet. In the event you’re involved in an accident with a car or truck, or even doored, ensure the local police are called so they can document what happened, take witness statements, and get the insurance information of the driver. The most important thing to do after an accident with a car or truck is to monitor your body and seek proper medical treatment for anything that’s bothering you. You should consult an attorney prior to speaking with the insurance company of the driver involved in your accident, though your health, not your legal case or claim for damages, is the most important thing.

At the Brod Law Firm, we have been advocating on behalf of injured cyclists for over ten years, and have helped clients who have suffered minor injuries to catastrophic injuries. If you or a loved one has been injured by the fault of someone else, please contact us for a free consultation.

San Francisco Personal Injury Attorney Offers Advice on How to Drive in Wet Weather

January 20, 2010 | Gregory J. Brod

This week the Bay Area has been slammed by a series of storms that are sweeping across California. Here at the Brod Law Firm, we have been wondering how drivers and cyclists are coping out there in the rain and wind. On their own bicycling and driving are innately dangerous – if you combine those with a storm and roads full of traffic, you have a recipe for injury accidents. We have helped many clients who have been injured while driving in hazardous conditions, and we have simple advice for both cars drivers and cyclist when it is raining: Keep your speed down, keep your distance, and drive defensively. At the same time, however, since cars are bigger and faster than bicycles and can turn into deadly weapens during wet weather, we do have more specific tips for drivers on how to drive in the rain.

On rainy days, you should remember that even a light layer of moisture on the roadway can cause a vehicle to hydroplane. And if you find yourself hydroplaning don’t stomp of the brakes. This could send you into a spin. It is better to ease off the brakes and into a spin. If you drive through a puddle, or a series of puddles, you should gently tap your brake pedal. It is probably a good idea to tap the brakes several times until they respond safely and adequately. Tapping the breaks helps squeeze out any accumulated water that has built up in your braking system .

It is also important for you to slow your vehicle to match the speed of the majority of other vehicles on the roadway and drive on the outside lane, if possible. If it hasn’t rained for a while, you should be extra careful. A lot of oils are excreted on to and into the road surface from trucks, cars, vans and motorcycles. This oil builds up and becomes very greasy and slick when it rains. You should also make sure no one is driving too fast from behind; if you see someone much faster than you, lightly tap your brakes a few times as a signal that you are going slower. But remember, if you are going a lot slower than the majority of the traffic, you may be rear-ended by a careless or distraced driver.

Large Santa Clara County Verdict for Personal Injuries suffered in truck crash

October 1, 2009 | Gregory J. Brod

A horrible motor vehicle accident in May of 2007 changed the life of a young man, forever, requiring him to need permanent and constant medical attention. A Santa Clara jury found that two truck drivers were responsible for the accident, one of whom was talking on his cell phone at the time of the accident. The truck driver who the jury found to be 60 percent at fault, denied causing the accident, and even denied contributing to the cause of the accident. The jury awarded more than $49 million in damages.

The failure to take responsibility for an accident is perhaps one of the most overlooked reasons why the California courts are bogged down with cases. While the proponents of “tort reform”, mostly backed by insurance companies, blame California juries for large verdicts, little is heard about jury verdicts, large or otherwise, occurring in the face of a total failure to assume responsibility. Often, it is not the wrongdoer, or even their attorney, who make the decision to force an injured person to go through a trial in court to have justice served, but the defendant’s insurance company. The insurance industry spends a great deal of money to ensure that everyone is familiar with the term “frivolous lawsuits”, but rarely are cases where a “frivolous defense” is raised, brought to the public’s attention. Cases like the one in Santa Clara County should send a message to insurance companies and to those responsible for causing injuries to others. Don’t think your conduct can cause serious injury to someone and get away with it in Santa Clara County.

San Francisco Injury Attorney Predicts Fewer Injury Accidents on San Francisco’s Streets

September 25, 2009 | Gregory J. Brod

Apropos my last blog, there are two other projects underway in the City of San Francisco that focus on the safety and well-being of both its residents and visitors. One project, adopted by the Board of Supervisors on February 6, 2006 and appropriately called Better Streets, is a joint effort by several city agencies to improve the design of San Francisco’s streets and sidewalks and was. Since that time, Better Streets has created a collection of street types which are a great improvement over our current automobile-centered street scheme and focus on the appropriate use of land (i.e. residential, commercial and industrial), the efficiency of street width and the street’s role in the transportation system. The highlights and benefits that stand out most to us here at the Brod Law Firm are the ones that focus on safety, though there are many others–such as its support of neighborliness, civic interaction , community identity, and the enhancement of the quality of life for San Francisco’s residents and local businesses-and they are:

• The Design of sidewalks and medians, pedestrian safety and accessibility features, ways to mange storm water in the right-of –way, design and placement of streetscape elements such as street trees, lighting ,benches, and more • Decreased likelihood of pedestrian/auto collisions injuries and fatalities

• Increased accessibility for all street users, create settings that make it safe and easy to be physically active and enhance the everyday quality of life for San Francisco Residents.

The Seemingly Endless Conversation on the Need for San Francisco Street Safety and Improvements

September 21, 2009 | Gregory J. Brod

Recently, friends from Europe stayed with me and my family. During their time here they spent their days touring San Francisco by bicycle. I asked them if they felt San Francisco was as bike friendly city as most European cities. They said that they felt drivers were really aware of bicyclists and looked out for them. But they felt that bus drivers were not very considerate, if not hostile, toward bicyclists. I explained how cyclists have fought hard, with the help of the San Francisco Bike Coalition (SFBC), educating motorists as well as buses on being both cautious and vigilant as they share the road with cyclists. At the same time, I also explained how some bicyclists seem to have less interest in following the vehicle rules of the road and believe that red lights and stop signs are meant only for motorists. My friends agreed with me when I pointed out that there is a victim attitude among some bicyclists who feel –because buses are bigger, and can kill bicyclist, and most streets are not designed for bikes– that they are at a disadvantage on the road and should make their own rules. Bus drivers who encounter bicyclists with the victim attitude usually end up developing the same victim mentality and, as a consequence, ignore the safety of all cyclists. One might think there may never be a middle ground for bus drivers and bicyclists. Every story has at least two sides, though. The bottom line is this: If either bicyclists or bus drivers make their own rules on the road, that can, and usually does, lead to dangerous situations. But buses and bicyclists can coexist as long as bus drivers and motorists act professionally and bicyclists follow the rules of the road. Each year there are more bicyclists on the road, and everyone on the roads would follow the laws of the road, as well as use a little courtesy, our streets will be far less dangerous.
Since cyclists will be increasingly populating the roads and asking for more space in the years to come, we need, now, more than ever, the creation education campaigns that foster safety and respect among cyclists as well as bike network improvement projects that keep our city streets a safe place for all. There is good news. The SFBC has spent years planning and appearing at public hearings in an effort to get the city to implement improvements for cyclists and motorists on the road called the SF Bike Plan. This summer, 3 years after a lawsuit and injunction that barred any improvements and the city’s Bike Plan, the SFBC is celebrating their biggest victory: on June 26th, 2009 the San Francisco Municipal Transportation Agency voted to adopt their bicycle plan. Once the injunction is lifted, the vote gives a green light for 45 new bike lanes throughout the city. The plan also includes the implementation of on-street bike parking corrals, experimental colored pavement treatments and thousands of new bike racks. Another bit a good news for the SFBC is Mayor Gavin Newsom’s recent announcement that he will implementing a package of trial improvements to market street beginning September 29th, modeled on Projects for Public Spaces –which is in partnership San Francisco Great Streets Project and SFBC. As we collectively move forward during these planned changes, go safely and considerately out there, people!

San Francisco Residents Can Look Foward to Less Accidents in the New Year

December 30, 2008 | Gregory J. Brod

With unemployment on the rise and the current economic downturn expected to stay with us in the New Year, there has been little to look forward to in 2009. However, there are several laws which will take effect on January 1st, laws that will protect workers, consumers and the environment and improve public safety and health access. Here in San Francisco, there will be some positive changes specific to the safety of our community. On January 1, fines will double for traffic violations on 19th and Van Ness Avenues-two of the busiest and most dangerous streets in San Francisco. Tickets will range from $137.00, for speeding, and $2, 750, for reckless driving. The San Francisco Chronicle recently reported each avenue, between 2003 and 2007, was the site of more than 500 collisions, a dozen of which involved pedestrians. And according to the examiner.com, 19th Avenue has been dubbed a death trap for walkers, serving 85,000 vehicles and 80,000 pedestrians each day, while Van Ness Avenue serves about 80,000 commuters each day. As part of his signing this bill, Schwarzenegger has pledged that public safety is his top priority, pointing out how critical it is to ensure the safety of everyone on our roadways. Here at the Brod Law Firm, we believe these new penalties will encourage drivers to pay attention and slow down, which should, in turn, begin to put an end to the loss of innocent lives. For we have seen enough wrongful death, car accident and motorcycle accident suits– which have been the result of careless driving on these two roads– not to take note of the importance of this new, and long overdue, law.

California Highway Accident Injurs Family, Leaving One Dead

July 15, 2008 | Gregory J. Brod

When we came across the headline “Escondido Boy Dies In Highway 78 Accident,” it gave us a moment for pause. Here at the Brod Law Firm, we never like to read about anyone dying for any reason, but we especially don’t like to read about children dying in tragic car accidents such as this one. On Saturday, July 12th around 4:20pm an 8 year old boy was traveling with his family west on Highway 78 when the tragedy occurred. According to Highway Patrol Officer Brad Denham, the boy’s Grandmother was driving when one of the tires blew out, causing them to veer off the freeway and crash through a chain- link fence that bordered the off-ramp. Sadly, the boy was ejected from the back seat and was rushed to Tri City Medical Center, where attempts were made to keep him alive, but he died that same evening. His family suffered minor injuries.

After reading such a story, we don’t have enough factual information to make any conclusions regarding fault. All we can do is speculate. What we do know for sure, however, is that there was a tire blow out. We can ponder over whether or not hazardous road conditions led to the accident or if the tires on the car were defective or poorly maintained. The sad truth is, though, sometimes blow outs happen even if tires are not defective or properly maintained and road conditions are safe. We hope the victims of this accident focus less on finding the answers to these questions and more on finding the strength and resources to cope with their loss. Regardless of why the tire blew out, this story brings to mind the importance of tire maintenance. Even if you are a safe driver, there are some instances where the proper maintenance of your tires can save your life. According tiresafety.com there are few simple safety tips you can follow regarding maintenance of your tires, that don’t require much time, and they are:

• Look for the manufacturer’s recommended air pressure located on the door jamb of your vehicle, and always check your air pressure to make sure it is up to standards, especially if you are carrying extra weight.

California Cell Phone Laws – May I dial my phone while driving?

July 10, 2008 | Gregory J. Brod

July 1, 2008 has arrived and the new cell phone laws in California are now in effect. It is now against the law to use a handheld wireless telephone while operating a motor vehicle. A friend recently asked me if it would be considered a violation of the law to dial a telephone while driving, even though he planned to talk on the phone through a hands free device. His question raised an interesting point. California Vehicle Code Section 23123, which states the law, is silent on the issue of dialing.

The law specifically prohibits the use of a wireless phone that doesn’t allow for hands-free talking and listening. The point of the law is to reduce the significant number of motor vehicle accidents caused by distracted driving, which I discussed in a previous blog entry, California Cell Phones While Driving – New Laws. The new laws are not intended to tell drivers everything they should and should not do while driving a motor vehicle. I have personally seen drivers in the Bay Area eating food, applying makeup, and even reading the newspaper while driving. I am not aware of any laws that specifically prohibit a driver from eating a sandwich while on the highway, for example, but if it happened frequently enough, and traffic collisions were caused as a result, you could expect a law to address that conduct, as well. It does not appear that dialing your hands-free telephone while driving is against the law, but as with anything you do while operating a car, you have to be smart, cautious and keep your eyes on the road.

Bus Drivers on cell phones?

May 23, 2008 | Gregory J. Brod

In my last posting, entitled “California Cell Phones While Driving – New Laws”, I noted the new cell phone laws that will affect drivers throughout the State of California, beginning in July of 2008. Currently, there are only 5 states in the entire country that have enacted state-wide laws that prohibit the use of hand held mobile phones while driving, according to the Governors Highway Safety Association. Those states are California, Connecticut, New Jersey, New York and Washington.

In February of 2005, a school bus driver in Maryland was charged with negligent driving after talking on a cell phone as the bus went down a 25 foot embankment, and thankfully, no serious injuries were reported. Believe it or not, laws have been enacted in 15 states that prohibit a school bus driver from using a cell phone (except for emergencies) when passengers are present, which I find remarkable. Maryland is not one of the states that currently bans school bus drivers from cell phone usage.

Whether or not a given state enacts legislation that bans cell phone usage while driving is currently a decision that each state makes on its own. Any responsible school district or private company, however, ought to have strict policies regarding cell phone usage for those who transport children to and from school, notwithstanding the law of that state. It is simply unimaginable that a bus driver, entrusted with the safety and well being of children would chat on a cell phone while driving.

California Cell Phones While Driving – New Laws

May 19, 2008 | Gregory J. Brod

In 1997, the National Highway Traffic Safety Administration (NHTSA) conducted a study regarding the safety implications of driving an automobile while using a cell phone. In the past ten years, the increase in cell phone usage has increased dramatically, resulting in distractions to more drivers than ever before. The dangers of inattentiveness while driving a car may seem obvious, but should not be understated.

When even minor distractions while operating an automobile can cause serious injury or death, the consequences of engaging in today’s advanced technology of dialing, text-messaging and even talking, can be grave.

New cell phone laws take effect in the State of California on July 1, 2008. California Vehicle Code Section 23123 will prohibit drivers from using a handheld wireless telephone while operating a motor vehicle. In addition, California Vehicle Code Section will prohibit drivers who are under the age of 18 to even use a hands-free telephone while driving. These laws will ideally help California drivers, who should be mindful of the distractions and dangers that operating new technology can cause.