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Woman hit, killed in crosswalk on Geary Boulevard

Claude Wyle — Sat, 21 Nov 2009 11:11:35 GMT

A 70-year-old woman walking across Geary Boulevard at Ninth Avenue was killed Thursday morning when the driver of a white van hit and killed her while making a left turn.

This was the 23rd pedestrian traffic fatality in San Francisco this year. The crash happened about 8:15 a.m. when the van, heading south on Ninth Avenue, turned onto eastbound Geary Boulevard and hit the woman, police spokesman Officer Samson Chan said.

The victim was identified as Jon Kong, a resident of the Richmond district. Kong was taken to San Francisco General Hospital with life-threatening injuries after she was hit by a car and was pronounced dead shortly afterward, Chan said. No one else was hurt.

Transportation for America’s nationwide survey found the San Francisco region, which includes Oakland and Fremont, is second only to New York for the highest percentage of traffic deaths among major cities in the country. As bike accident attorneys, we think this is unacceptable, but what can be done? Here are some suggestions from sf.streetsblog.org:

Use police reports analyze a large sample of recent fatal pedestrian accidents with the Pedestrian and Bicycle Crash Analysis Tool (PBCAT). PBCAT is a software application designed to assist state and local pedestrian and bicycle coordinators, planners, and engineers in addressing pedestrian and bicyclist crash problems.
Compile the actual investigative follow-up from the crashes -- were charges filed, were other countermeasures recommended or implemented?
Condense the results into a report that breaks out the most common factors, outcomes and recommended countermeasures.
Convene a pedestrian safety summit with NJ DOT, Traffic Safety, law enforcement, elected officials, pedestrian safety experts and transportation planners all at the table.
The summit would then generate a list of recommendations and goals for the state and local governments to implement.
Follow up with an evaluation of the process. Did the recommendations actually contribute to reducing pedestrian deaths?

These are all excellent suggestions; please join us in an effort to convince city officials to take some of these steps and save lives.

Originally posted at InjuryBoard by Claude Wyle

Toyota Floor Mat And Gas Pedal Defects--Do They Cause Wrongful Deaths?

Claude Wyle — Wed, 28 Oct 2009 22:11:47 GMT

Federal highway safety inspectors have released new details of a fatal car crash that triggered Toyota Motor Corp.'s largest recall, including a finding that the Lexus ES 350 sedan involved had a gas pedal design that could increase the risk of its being obstructed by a floor mat.

Although Toyota has previously said that the floor mat was improperly installed and may have trapped the accelerator pedal, the latest report by the National Highway Traffic discloses new details, including the fact that the brakes were heavily damaged, possibly due to a design defect in which the Lexus ES braking system loses power-assist when the throttle is fully opened. As consumer lawyers, we investigate whether these defects may have caused other collisions.

Further information indicates that the car was on loan from a Lexus dealership and that the driver may not have been aware how to turn the car off or whether there were other measures he could have taken after the pedal got stuck.

As personal injury attorneys (change to dangerous products attorneys) , we often see the tragic results of poorly designed cars and trucks. The car dealer owed a duty to provide a safe car, however this story shows that we cannot always rely on those whom we believe we can trust. Before driving an unfamiliar vehicle, you might want to inspect the vehicle to determine whether the floor mats are installed properly and whether there is any condition that might interfere with the accelerator or brake pedals.

The Los Angeles Times is reporting that last month, Toyota announced the largest recall in its history, asking drivers of 3.8 million Toyota and Lexus vehicles to remove their floor mats until a permanent remedy is devised. The recall affects the following Toyota models:

2007 – 2010 Camry
2005 – 2010 Avalon
2004 – 2009 Prius
2005 – 2010 Tacoma
2007 – 2010 Tundra
2007 – 2010 ES350
2006 – 2010 IS250 and IS350

Originally posted at InjuryBoard by Claude Wyle

Two Sentenced in Auto Fatality Crash That Killed Berkeley Students

Claude Wyle — Mon, 30 Nov 2009 15:48:24 GMT

More than four years after three UC Berkeley graduate students were killed in a high-speed crash, the two Oakland men responsible were sentenced last Friday.

Eric Barnes, 28, and Stanley Jacks Jr., 25, were convicted last month of three counts of vehicular manslaughter. The July 16, 2005, crash killed Giulia Adesso, 26, Benjamin Boussert, 27, and Jason Choy, 29, all graduate students in the College of Chemistry at UC Berkeley. Barnes and Jacks were sentenced to eight years and eight months in prison, the maximum sentence.

There was a delay in sentencing because the California Highway Patrol was had been unsure of how the accident happened. Researchers at UC Berkeley's Safe Transportation Research and Education Center ultimately used sensors embedded in Interstate 80, where the auto fatality occurred, to establish that Jacks and Barnes were racing and that both cars were traveling at more than 100 miles per hour.

Barnes's and Jacks's reckless driving caused a nearby big rig to lose control, collide into the center divider and then catch on fire, Morgan said. From there, the truck traveled into the opposite lanes of traffic and collided with the car carrying the trio of students.

I have mixed feelings about this sentencing. While harsh in some senses, I, like the sentencing judge, am moved by the severity of the accident and the horrible way in which these young people died. I also hope that this sentence makes other young “racers” stop and think, if not about ruining the lives of others, about ruining their own lives with such reckless conduct.

My heart goes out to the families of the victims. Once again, I hope that the families got good legal advice. Even though families find comfort when offending criminals have been sentenced, nothing will bring their loved ones back. The only thing that will help the families in any tangible sense is a civil lawsuit. Even if the responsible parties have little or no insurance, as is often the case, there could be other insurance, including your own uninsured motorists’ coverage, which may help offset some of the financial consequences. If you are in an accident with an underinsured or uninsured driver, please see a wrongful death attorney.

Originally posted at InjuryBoard by Claude Wyle

Stuck Floor Mat Survival Strategies – How to Avoid a Collision

Claude Wyle — Tue, 10 Nov 2009 14:03:05 GMT

Recent reports of stuck accelerator pedals causing crashes and Toyota’s auto recall has caused many to question whether or not a vehicle’s brakes are powerful enough to overpower the engine to stop a vehicle, and what you should do if you are ever in that situation. While most experts agree that a typical consumer car engine won’t be able to overpower the car’s brakes when the car is stopped, what happens at speed is another question. Consumer Reports decided to put this question to the test.

Consumer Reports found that several German cars with so-called “smart-throttle” technology will electronically ignore the throttle input if the brake pedal is depressed. With such cars, they accelerated to 60 mph and then hit the brakes with the throttle pedal still planted to simulate a condition where the floor mat might have stuck it in place. Despite the engine open to full-throttle, they were able to safely slow to a stop.

They then tried a Toyota and a Chevrolet without smart-throttles. At 20 miles an hour, the cars did stop, but took a lot of time and effort. At 60 mph before they slammed on the brakes. Braking was very difficult because the engines downshifted and tried to maintain speed. By the time the car slowed to about 10 mph, the brakes had faded so much that the car was not able to come to a complete stop. If the driver had less strength or was traveling at higher speeds, the results could have been tragic.

So what should you do if the car you are driving has a stuck accelerator pedal? Put the car in neutral. In each one of the cars Consumer Reports tested, they were able to push the gear lever into neutral and stop the car quickly. Because all modern engines have “rev limiters” that prevent the engine from over revving and damaging the engine, you can safely shut off the engine after you come to a stop. Please note, however, that Consumer Reports does not advise shutting off the engine while still driving. While this would allow you to stop, you lose power steering and will have trouble maneuvering the vehicle due to the extremely heavy steering.

As defective automobile attorneys, our most important mission is to prevent harm, especially harm that can be prevented. So, next time you are in your car, take a few moments to familiarize yourself with the gear system. Find the neutral position and make a mental note so that if you are faced with an emergency such as a runaway vehicle, you will be prepared to take action.

Originally posted at InjuryBoard by Claude Wyle

Wisconsin considers texting while driving—Concerned about automobile accidents

Claude Wyle — Fri, 13 Nov 2009 18:27:00 GMT

Wisconsin State senators are set to begin debate Tuesday whether to ban texting while driving for people under age 18 because of the higher rate of automobile accidents in that group. Wisconsin would become the tenth state with such a law if it passes. The states which currently ban texting while driving are Arizona, California, Colorado (eff. 12/09), Connecticut, District of Colombia, Illinois (eff. 1/10), Louisiana, Maryland, Minnesota, New Hampshire (eff. 1/10), New Jersey, New York (eff. 11/09), Oregon (eff. 1/10), Tennessee, Utah, Virginia and Washington

Why is texting while driving so dangerous? While every phone is different and every person is different, driving schools and law enforcers agree that an average text with a simple message takes about ten seconds. During those ten seconds, you could cover a quarter of a mile on the highway.

More easily understood, after about five seconds of texting you travel about the length of a football field. During an average text, that’s about two football fields, which is a significant distance. That distance is especially significant for inexperienced drivers such as teens, who, according to the Cellular Telecommunications Industry Association, may send close to 80 messages per day.

No one knows exactly how many accidents have been caused by “texting while driving” but in one tragic incident five young women died in a collision with a tractor trailer in Rochester, New York a week after graduating high school. Police discovered the teenage driver had been texting moments before the crash. What do we take away from this? While it is a step in the right direction to ban texting while driving, it is important for each of us to be aware of the distracting things we do while driving. So many of us treat our cars as rolling living rooms—phone calls, music, food, texts, even DVDs—that we forget the inherent danger.

If you are in an accident where cell phone or text usage was a factor, please see a personal injury attorney for advice on whether there is a responsible party who can compensate you for lost wages, pain and suffering, or medical expenses.

Originally posted at InjuryBoard by Claude Wyle

Two Killed When Car Hit by Train in Accident

Staff Writer — Mon, 12 Jun 2006 08:31:44 GMT

An Amtrak train crashed into a car at 66th Avenue and San Leandro Street Saturday when the driver drove around the crossing's lowered gates in an attempt to flee the police. The accident occurred around 4:00 PM, and the small car was pushed about 150 feet down the tracks. Both the car's driver and a toddler riding in the vehicle were ejected in the crash.

According to the San Francisco Chronicle:

An Alameda County sheriff's deputy was pursuing the vehicle, which was westbound on 66th Avenue, when it pulled into the eastbound lane and onto the train tracks about 4 p.m. to get around a line of cars that were waiting behind the lowered crossing arm at the railroad crossing.
"The deputy coroner discovered a quantity of suspected narcotics, believed to be rock cocaine, on the body of the driver, and the narcotics are packaged in a way consistent with sales," said Oakland police Officer Randy Pope.

Read the full train accident article.

Originally posted at InjuryBoard by Staff Writer

22nd Pedestrian San Francisco Death This Year

Claude Wyle — Mon, 17 Sep 2007 11:12:22 GMT

An elderly Asian woman was killed last Tuesday afternoon when she was struck by a black Chevrolet sedan on Geary Boulevard, just across from St. Mary's Cathedral. This is the 22nd pedestrian death on the streets of San Francisco this year, a markedly deadly year for seniors, and a sharp increase from the 2006 pedestrian fatalities. Although this woman may have been jaywalking, according to an eye witness, the driver who struck her had ample time to stop. This tragedy is symptomatic of an obvious San Francisco pedestrian problem, with jaywalkers, and car drivers who insist on their right of way, even if there will be deadly consequences.

According to the SFPD, this woman is at least the fourth senior to die on The City's streets this year. On Aug. 19, 77-year-old Roger Tennyson was struck by a car after parking on Sanchez Street in the Castro. Eighty-three-year-old Marina Vafiadis was killed Aug. 14 after being run over by a Muni bus on Park Presidio at Balboa Street, and Kenji Suzuki, 69, was run over and killed by a Muni bus while crossing Fillmore Street at Geary.
Since that data was calculated, John O'Neill, 47, was struck and killed by a Muni J-train, while walking on the tracks near the Glen Park station, and then the incident last Tuesday.
Tuesday's pedestrian accident occurred a block from the intersection of Geary and Franklin Street, which is one of the ten worst intersections for accidents in The City, according to the 2006 San Francisco Municipal Transportation Agency Collision Report. The intersection of Geary and Park Presidio was also in the top (worst) ten, according to the report. The statistics are astoundingly bad for pedestrian fatalities in San Francisco.
For each year for the past 10 years these many walkers have died in traffic collisions:
1998 - 32

1999 - 25

2000 - 30

2001 - 16

2002 - 17

2003 - 22

2004 - 18

2005 - 14

2006 - 16

2007* - 24

* to date

Source: SFPD Traffic Collision Summary 2006,

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Claude Wyle

Build Better Bike Lanes to Reduce Congestion and Reduce Bicycle Accidents

Claude Wyle — Wed, 29 Aug 2007 16:47:39 GMT

As bicycle accident attorneys, we are noticing an upsurge in the frequency of bicycle accidents and the seriousness of the personal injuries sustained by the cyclists. Why are do many European cities and countries make biking better and safer? Why are there more and better bicycle paths in so many parts of the world, when the U.S.A. is supposedly getting so "green"? Senator Boxer recently called on California leaders to testify on Global Warming , while, at the same time, bike-friendly cities in Europe are launching a new attack on car culture. Can the U.S. catch up? For an interesting article on how cities in the San Francisco Bay Area can reduce pollution and reduce bicycle accidents, please follow the attached link, then come back. Your comments are welcome. As sponsors of the Marin County Bicycle Coalition, we would love to learn and share your ideas on how to improve bicycle safety in the San Francisco Bay Area.

Many European cities have recognized that biking reduces traffic congestion and they have designated bicycle parking, and stricter rules protecting bicycles and cyclists. In Amsterdam, 40% of commuters get to work by bike. As car culture costs San Francisco commuters more and more each year, and bicycling becomes even more practical, the City should improve its infrastructure to embrace the bicycle commuter, and repel the Hummer polluter.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Claude Wyle

Gambling Bus Accident Causes Wrongful Death

Claude Wyle — Tue, 04 Dec 2007 15:51:48 GMT

A gambling tour bus from U.S. Asia Tours, bound for San Francisco on Highway 88, crashed head-on into a pick up truck on Sunday night, killing the driver of the pick-up. At first the CHP believed that the pick up driver's conduct was the cause of the crash, however now they believe that a second car which was trying to pass the bus, might have hit the bus and caused this deadly five car pile up. Nine people also suffered personal injuries in this deadly tour bus crash. As bus crash attorneys we face these same scenarios regularly. We are, presently, representing the family of a man killed as a passenger of a gambling tour bus which crashed into a tractor in Fresno County. What the passengers of the bus need to understand is that, as passengers, they are the innocent parties, and they should be fully compensated for their injuries and damages.

Often, the attorneys for the passengers of the bus begin the investigation where the CHP leaves off. Through accident reconstruction and other experts, bus crash attorneys can help prove fault for bus accidents, and assure that the bad drivers are held fully accountable.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Claude Wyle

More Seat Belt Use Has Reduced Wrongful Deaths

Claude Wyle — Fri, 23 Oct 2009 11:13:23 GMT

I am happy to report that more Americans are buckling up than ever before, with 83 percent of vehicle occupants using seatbelts during daylight hours, according to the U.S. Secretary of Transportation

More and more Americans are realizing that the mere seconds it takes to buckle up can mean the difference between life and death, and acting accordingly. Whether it is minor accidents close to home or high profile incidents like the death of Princess Diana, which probably could have been prevented with the use of seatbelts, the message is getting across.

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 270 lives are saved for every one percent increase in belt use. Acting NHTSA Administrator David Kelly said a contributing factor for such historically high seat belt use is high-visibility law enforcement efforts, such as the Department’s “Click It or Ticket” campaign.

According to the report, 84 percent of passenger car occupants are buckling up. Even more people, 86 percent, are buckling up in vans and SUVs while pickup truck occupants buckled up 74 percent of the time.

The report finds that safety belt use increased or remained level in every region of the country, with the highest use being reported in the West (93 percent), and the lowest in the Midwest and Northeast (79 percent). The South reported 81 percent.

The report reveals that states with primary belt laws are averaging about 13 percentage points higher for seat belt use (88 percent) than states with secondary laws (75 percent). In primary belt law states, officers can issue a citation for a seat-belt violation alone. In secondary law states, seat belt citations are allowed only after a stop for another violation.

The report also notes that belt use on expressways is now at an estimated 90 percent while belt use on lower-speed “surface” streets remains at 80 percent.

Seat belt use and other data are collected annually by NHTSA as part of the National Occupant Protection Use Survey (NOPUS). The latest survey, conducted in June of 2008, involved daylight observations of vehicle occupant behavior at more than 1800 sites nationwide.

Click here to see the latest seat belt report.

And, as always, if you are involved in an accident, and were injured through the fault or neglect of another, consult a personal injury attorney. No attorney can take away your suffering, but there might be a way to compensate you for losses you’ve suffered.

Originally posted at InjuryBoard by Claude Wyle