Articles Posted in Pedestrian Accident

As an experienced San Francisco personal injury law office, The Brod Law Firm knows that vehicle crashes can involve pedestrian victims in addition to the vehicle occupants. Our San Francisco pedestrian injury attorney also knows that these cases often result from a myriad of causes that all contribute to an accident. It is our mission to hold negligent drivers and operators responsible for their actions but we also urge residents to exercise caution while walking to help avoid tragic results.

CNN’s website is reporting on a study published in Injury Prevention that drives home the importance of being aware of your surroundings, even when you are on foot rather than behind the wheel. The study by a team at the University of Maryland School of Medicine found that serious injuries and fatalities involving headphone-wearing pedestrians tripled in the period between 2004 and 2011. Half of the reported incidents involved train collisions while the other half involved cars, trucks, buses, or bicycles. Although headphones have been around for decades, they have become increasingly prevalent in our wired 21st century lives. The danger appears especially prevalent for younger people with twenty-one being the median age of the pedestrians. Headphones can render pedestrians inattentive and limit their ability to hear oncoming vehicles. In response to the danger of distracted pedestrians, some lawmakers have even considered legislation forbidding the use of headphones in city intersections.

As a victim’s personal injury law firm in San Francisco, we know that accidents are complex. While we urge residents to use caution and take steps to avoid pedestrian injury, we also believe that those injured by negligent drivers deserve compensation even if their own actions were not without fault. Until 1975, California used a legal principle that barred any recovery whenever the victim’s own negligence contributed to the accident. This is no longer the case. The California Supreme Court has since made it clear that victims can recover even in cases of contributory negligence, the legal term for the victim’s own imperfect actions. Victims can still bring, and win, personal injury suits where their own negligence was a factor. Instead of barring recovery, the court may reduce the amount of damages awarded in order to take the plaintiff’s role into account. For example, if the court finds that a speeding driver held 85% of the responsibility for a crash with 15% of the fault being due to the pedestrian’s own distraction, the court will calculate the amount of damages and award 85% of the total figure.

Everyone has heard it before- Don’t drink and drive. Fatal automobile accidents increase dramatically during high traffic seasons, and holidays are the worst, combining more vehicles on the road with an increased number of intoxicated drivers.

But what about intoxicated pedestrians? New Year’s Eve has the fifth highest number of crash fatalities overall, but it is the number one day for pedestrian crash deaths. The same factors that are involved with general crash fatalities are present on New Year’s Eve, with the added component that many pedestrians choose to walk home intoxicated, rather than risk their lives and the lives of others behind the wheel.

However, drunken walkers are still engaging in a risky undertaking. Alcohol negatively affects the brain‘s ability to focus and it slows down the whole body’s reaction time. Consequently, intoxicated drivers and intoxicated pedestrians have less coordination, difficulty processing information, and following moving objects. The physical limitations imposed by drinking heavily makes driving or even walking near traffic dangerous in itself. However, drinking also limits a person’s mental faculties. In addition to the physical effects of alcohol, intoxicated persons experience loss of judgment and a decreased ability to perform two tasks at once. In other words, a drunk person makes more bad decisions than a sober person, but is less capable of handling the consequences.

For example, a pedestrian may leave a bar with a group of friends headed to the night’s next destination. The group has a boisterous conversation and is quite unaware of their surroundings. The leader of the group walks backwards in order to see everyone. Although he is aware that a crosswalk is coming up, his brain has trouble processing risk, and he does not stop to determine whether he has the right of way. Crossing without a second thought, the pedestrian is hit by a driver with a green light who thought the pedestrian would stop at the edge of the sidewalk.

To prevent such tragedies, pedestrians who plan on drinking should find a friend to look out for their safety and might consider taking a taxi or public transportation instead of walking. Drivers should never assume that a pedestrian will yield to an oncoming car and should approach crosswalks with caution.

California Vehicle Code Section 21950 gives the right of way to pedestrians in marked crosswalks and at unmarked intersections. The statute places a heavy burden on drivers of vehicles. Despite having the right of way at a green light, drivers are still responsible for slowing down at intersections for bold or inattentive pedestrians who challenge the light. The statute imposes a duty on drivers to exercise due care for the safety of any pedestrian in a marked crosswalk and at intersections. Pedestrians also have the duty of using due care to ensure their own safety, and they are admonished not to walk into the path of oncoming vehicles. However, the statute also provides that the pedestrian’s duty to act in a safe manner does not relieve any driver’s duty to exercise due care. Drivers who are not reasonably cautious may find themselves fully or partially liable for the costs of an accident for breaching the duty imposed by California Vehicle Code Section 21950.

Finally, December is the darkest month in the United States and low visibility increases the chance of pedestrian fatalities on days like New Year’s Eve. The Brod Law Firm encourages pedestrians and drivers to remain prudent and to plan their night ahead of time to limit exposure to dangerous situations. Revelers can celebrate at a hotel, hand their car key over to a trustworthy friend, and keep a taxi’s number on hand.
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At the Brod Law Firm, we are attorneys for Oakland car accident victims. We represent individuals injured in Oakland car crashes and those who lose a loved one in an automobile crash throughout Northern California. Sadly, car crashes continue to impact the lives of too many innocent residents of our region. The Oakland Tribune reported on one such tragedy this week bringing attention to the sad truth that automobile accidents remain a serious danger.

The Tribune report focused on the criminal trial of a San Bruno driver who pled guilty this week to a fatal hit-and-run. It was 1:35AM on February 20 when twenty-eight year old Scott Garrigan was killed while crossing Skyline Boulevard near Sharp Park Road. Leonard Nierras Tobilla, 58, hit Garrigan and then left the scene. Tobilla did not pull over and did not immediately call the police but did call his insurance company when he arrived home. The company advised him to return to the scene and Tobilla turned himself into authorities about 40 minutes later. His blood alcohol level was elevated at .06 but was below the legal limit of .08. The initial charges included a DUI count which was later changed to reckless driving involving alcohol. A second driver also hit Garrigan after the first crash, fleeing the scene and turning himself in four days later. This driver was not charged with a crime although it is not clear which impact caused the fatality. Reports indicate that the area was dark with no crosswalk in the vicinity and that the victim had a .23 blood alcohol level at the time of his death.

Statistics compiled by the National Highway Traffic Safety Administration show that the number of pedestrian fatalities in vehicle accidents declined steadily between 2005 and 2009. Despite our driving-centered culture, California’s overall pedestrian fatality rate (fatal accidents per 100,000 population) is lower than the national average. While these numbers show positive trends and show that most Californians are responsible drivers, every fatality represents a very real individual and every fatal accident is a tragedy. These numbers also do not include accidents resulting in non-fatal injury to pedestrians, accidents that are significantly more common. Non-fatal pedestrian accidents can have a very real, and sometimes quite severe, impact on the victim.

A person in a wheelchair suffered life-threatening injuries Saturday morning after being hit by a pickup truck in a South of Market intersection, San Francisco police said. Most drivers on Harrison waited for the wheelchair to cross, but the driver of a Toyota pickup truck pulled forward and struck the victim, who was in the closest crosswalk, according to one report. People in a crosswalk have the right-of-way even when the light for cross-traffic turns green. Both drivers and walkers need to obey traffic laws to avoid stiff penalties. Motorists who fail to yield to a pedestrian in a crosswalk can face a $212 fine. Likewise, pedestrians who cross against a red light can be issued a $108 citation. To avoid accidents, drivers should avoid using cell phones to talk or text while driving, and pedestrians should look for cars even when they have the right-of-way. CC Section 21950 describes pedestrian right-of way:

21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

The SOMA district where the accident occurred is notorious for its dangerous intersections and has the highest incidents of fatalities and injuries. The injury that happened Saturday is a good example of how dangerous our intersections are. Have you notice how many of SOMA’s streets look and feel like four lane mini freeways? And doesn’t it feel like you are risking your life trying to cross them? I can’t tell you the number of times I have seen pedestrians begin to cross at an intersection and then have to turn around and head back to the curb because light changed to quickly or because a car was speeding through the intersection. At the same time, as a driver, I have had to slam on the brakes many times in order to avoid hitting someone who walked into the middle of a busy SOMA street without looking. Whether you travel by foot or car, navigating San Francisco requires care and vigilance for the sake of pedestrians, especially the disabled.

Pedestrian safety in the SOMA district gets a lot of lip service for the fact that it does have some of the most dangerous intersections. A 2007 SFMTA Collision Report studied the number of intersection auto collisions with pedestrians and cyclists and found that six of the ten intersections with the most collisions are located in this district. The reason this seems to be so, in our minds, is because most streets in SOMA connect drivers who want to enter and exit local freeways. As such, SOMA’s streets have many speeding cars and large trucks, which are not compatible with pedestrians. Also, the booming development of housing and business in that area has caused its population to grow, along with that the area has seen a rise in accidents. Sadly, pedestrians are often hit in this thriving district as drivers negligently travel toward their destinations. But don’t forget accidents can occur when a pedestrian is distracted-and that pedestrian safety is a two-way street!.
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All big cities are filled with a hustle and bustle throughout the day as cars, bikes, trolleys, buses, and pedestrians move about the streets as residents go about their business. The energy created by so much activity is exactly what draws many people to these urban areas. However, our San Francisco pedestrian accident lawyer knows that it the commotion on our streets can also be dangerous for those caught up in traveling accidents. For too often local drivers, bicyclists, and pedestrians suffer serious injuries or even death after crashes on and near our local roadways.

That appears to be what happened earlier this week to Sulpicio Jimenez, a 57-year old resident of San Francisco’s Outer Mission neighborhood. According to reports in the San Francisco Chronicle, the man was on foot crossing Mission Street near Excelsior Avenue shortly before seven in the evening when he was struck by a car. Local emergency crews rushed to the scene and the man was taken to a local hospital. However, there was little that could be done, and the man ultimately passed away from his injuries. Authorities are still investing this San Francisco car accident, and no arrests or other citations have been issued yet.

There are still too many unknowns about this latest tragedy to understand what legal issues might be involved. However, far too often drivers fail to recognize that they owe a duty of care to those pedestrians who are traveling nearby. Tens of thousands of pedestrians are injured or killed near roadways every year. More than other traveling incidents, San Francisco pedestrian accidents often involve particularly serious harm to those involved because walkers have no protection. A car does not have to be traveling very fast for it to cause immense damage to a pedestrian in its crosshairs.

Last Friday a MUNI bus struck and killed a pedestrian, according to sfgate.com. The crash occurred at 18th and Hartford around 2:30pm. It was unusual because there is not a bus route on Hartford Street. The bus was sent there from another place to act as a shuttle and ease commuter congestion on the F-line. The driver is undergoing routine drug and alcohol tests. Acting as a shuttle. The unidentified victim was described as being between 25 and 30 years old.

Our own observations of pedestrian accidents and our understanding of the research regarding the subject, has shown us that most pedestrian accidents occur in urban areas where there is a concentrated amount pedestrian activity. Therefore it makes sense that pedestrian deaths occur most often in urban settings, even if there seems to be a higher ratio of deaths to injuries in rural areas due to higher speeds on rural roads and limited access to trauma centers. Strange as it may sound, the most common crash scenario involves pedestrians crossing in front of a passenger vehicle that is traveling straight, which typically occurs in daylight and roads with speed limits below 40mph. What does make sense is that the majority of pedestrian deaths occur when it is dark or twilight and at locations other than intersections, where vehicle speeds may be higher and drivers do not expect to have to stop.

Usually, pedestrians are struck by the front of a vehicle. The outcome of such a situation depends on a few factors, which include the speed of the vehicle and how tall the pedestrian is. When a pedestrian is struck by a vehicle the initial contact tends to be with the bumper and/or the front edge of the hood, depending on the type of vehicle. When pedestrians are struck by larger, higher vehicles such SUVs or buses, the impact is higher on the body and typically leads serious injuries and higher risk of death. It is very easy for a bus to completely run over a person’s entire body in an instant at slow speed. Common driver errors that contribute to pedestrian accidents include disregarding a crosswalk, meaning drivers not paying attention to crosswalks, or at other points of an intersection or roadway, thereby creating significant risk of an accident.

We agree with pedestrian advocates when they propose extending the signal time available for pedestrians to cross at intersections as a way of reducing pedestrian accidents, especially for older pedestrians. Studies has found that providing pedestrians a 3-second head start through a leading pedestrian interval, a signal that allows pedestrians to begin crossing before the release of turning vehicles, reduces incidents between pedestrians and turning vehicles. Here in our own city we are proud of Walk SF, our pedestrian advocacy group, and hope this current MUNI accident strengthens and furthers their efforts to make San Francisco one of the most walkable cities in the country, as well as spur their goals of activism and influencing of public policy advocacy.
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Apropos our last blog, we would like to comment on other safety improvements created for San Francisco’s streets. Monday of this week, SFMTA crews have installed new continental crosswalks at the intersection of Harrison and Main streets, and the pedestrian countdown signals have been timed to give pedestrians a four second head start, according to a report by streetsblog.org. The report points out it has been seven years since advocates in Rincon Hill began lobbying the agency for changes following the death of retired sf state journalism professor Beverley Keyes (see: our blog on that particular accident). Harrison and main is notorious for being one of the more dangerous intersections in the city, and drivers often lose their patience at that spot, as it serves as four-lane westbound throughfare for people headed in that dirction, and there is a fifth eastbound lane that carries 12,000 drivers daily, most of whom are strictly headed to the bay bridge. Drivers routinely speed and block the crosswalk as they crawl towards their destinations. Three people have died there since 2003, and many others have been injured.

We are lucky that city officials are paying attention to the need for safety improvements and are figuring out ways, fiscally, to make them happen. But what about the rest of the country? We found some insight into that question in separate

Last week the SFMTA approved a measure to lower speed limits on Harrison and Bryant Streets from 30 mph to 24 mph, according to a report by streetsblog.org. We think that is a great idea and would like to point out a few impotant bits of information from that report. It turns out that pedestrian crashes are reported to be the most highly concentrated in this area. Last year, 240 people were injured and four were killed on SOMA’s streets-a situation that proves costly to the city. The Department of Public Health reported that the average price of admitting an injured pedestrian to the hospital is nearly $80,000, of which 76% is paid by public funds, and that at least 20 percent of pedestrian crashes go unreported. Hopefully this measure will improve safety in the area without costing the SFMTA too much, as they have less than $1 million in revenue available to them each year for pedestrian improvement projects, which, as they always claim, is their biggest hurdle. Other projects, like the proposed 15 mph school zone pilot, have been on hold as the agency waits for grants to do study and implementation. Lack of proper funding has been such an impediment to safety improvements, as well as good old fashioned bureaucracy, that the agency hopes to create change with the help of community groups and other city agencies, not just government funding, just like what took place for Cesar Chavez Street improvements.

Earlier this year, also according to streetsblog.org, the SFMTA approved a blue print to improve safety project on Cesar Chavez street, a project that had been in the works for five years and was created by the department of Public Works, the Public utilities Commission, and the SFMTA. They all worked together to build the project, and, for the all those who participated, it proved to be a powerfully inspiring example of what can happen when community groups band together. The safety plan includes cost-efficient features, such as bike lanes, a landscaped median, and sidewalk bulb-outs, as well as sewer pipe and lighting projects that have already been planned by the PUC. The changes will no doubt be a welcome sight for cyclists, drivers, pedestrians, and residents alike, as that stretch of road has been dangerous and unsightly for years, and was just becoming worse. Construction on the street portion of the plan is scheduled for the fall. New speed limits along the Embarcadero to 13th street at Harrison and the Embarcadero to 11th street at Bryant are also expected to receive approval from the SFTA in the near future.

With two to three people being hit by cars every day on San Francisco Streets, these changes are likely going to save lives and ease the economic toll from injury accidents. Pedestrian accidents alone have racked up millions of dollars worth of bills for injuries, and, as a consequence, advocates have urged safety measures be taken immediately. Residents can no longer afford to pay the price for living in a district with lacking safety conditions. San Francisco has been celebrated for being a walking city, but how can that be if you are four times more likely to die walking than if you are driving? Hopefully, the upcoming safety projects lower those statistics and help make walking safely in the city a reality for everyone.
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