San Francisco Personal Injury Lawyer

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

Can we prevent another fatal crash on Bay Bridge?

Claude Wyle — Mon, 16 Nov 2009 20:50:36 GMT

Most of us have heard the tragic news of the big rig driver who failed to negotiate the recently installed “S” curves in the Bay Bridge. A truck driver from Hayward died on Monday after he lost control on that portion of the bridge; he died when his truck crashed through the barrier on the upper section onto Yerba Buena Island 200-feet below.

In the wake of this latest automobile accident—there have been about 40 crashes on the "S" curve section since it opened in September—Caltrans plans to install a sign that shows drivers how fast they're going. The speed limit on the temporary span now drops from 50 miles per hour to 35 miles per hour. According to the CHP, excessive speed was blamed for the fatal crash.

Reducing the speed is certainly a step in the right direction, but is more to be done? As truck accident attorneys, our goal is to reduce the number of accidents and fatalities on our roadways each year, so we are thinking of other methods that could make the “S” curves safer. One additional measure might be so-called “rumble” dots—the dots across the road that alert drivers to dangerous conditions in the road. Increased signage would also help. In the meantime, please be alert as you travel the Bay Bridge.

Originally posted at InjuryBoard by Claude Wyle

Runaway Toyota Cases Ignored

Claude Wyle — Sat, 14 Nov 2009 10:25:00 GMT

Safety investigators dismissed numerous reports of sudden acceleration, then said data were lacking.

I am sure many of you were shocked to learn that since 2001, more than 1,000 Toyota and Lexus owners have reported that their vehicles suddenly accelerated on their own. In some cases, the runaway Toyotas slammed into trees, parked cars and brick walls, among other obstacles.

The crashes resulted in at least 19 wrongful deaths and scores of injuries over the last decade. Federal regulators say that is far more than any other automaker has experienced.

Luckily, owner complaints have helped instigate at least eight investigations into sudden acceleration in Toyota and Lexus vehicles by the National Highway Traffic Safety Administration in the last seven years. Unfortunately, Toyota Motor Corp. recalled fewer than 85,000 vehicles in response to two of those probes, and the federal agency closed six other cases without finding a defect.

But, and here is what I find distressing, those investigations systematically excluded or dismissed the majority of complaints by owners that their Toyota and Lexus vehicles had suddenly accelerated, which sharply narrowed the scope of the probes.

For reasons that are not now clear, Federal officials eliminated several categories of sudden-acceleration complaints, including those in which drivers said they were unable to stop runaway cars using their brakes; incidents of unintended acceleration lasting more than a few seconds; and reports in which owners did not identify the possible causes of the problem.

Meanwhile, fatal crashes involving Toyota vehicles continued to mount and the statistics are not good for Toyota: NHTSA records show that a total of 15 people died in crashes related to possible sudden acceleration in Toyota vehicles from the 2002 model year and newer, compared with 11 such deaths in vehicles made by all other automakers.

The Los Angeles Times is reporting that it located federal and other records of 19 fatalities involving Toyota and Lexus vehicles from the same model years in which sudden or unintended acceleration may have been a factor, as well as more than 1,000 reports by owners that their vehicles had suddenly accelerated. Independent safety expert Sean Kane, president of Safety Research and Strategies, said he has identified nearly 2,000 sudden-acceleration cases for Toyota vehicles built since 2001.

Other experts say the numbers may be far higher, pointing to a 2007 NHTSA survey of 600 Lexus owners that found 10% complained they had experienced sudden acceleration.

Most sudden accelerations did not result in a crash, but there were notable exceptions. Bulent Ezal, a retired engineer, plunged 70 feet off a Pismo Beach cliff into the Pacific Ocean surf. He was hospitalized with minor injuries, but his wife of 46 years was killed.

"By the time they pulled me out, the tide was about to cover the car," Ezal said.

He said his 2005 Camry had suddenly accelerated in a parking lot.

In its research, The Times examined thousands of federal defect investigation records, complaints filed with NHTSA by Toyota and Lexus owners, lawsuits against the company, and reports by independent safety experts and local police agencies.

For its part, Toyota is blaming the latest incident on an incorrectly installed floor mat that jammed the accelerator pedal. The company announced a recall of 3.8 million vehicles in September and is designing a fix aimed at preventing sudden acceleration caused by floor mats.

What scares me is that this recall is not addressing other potential problems, including electronic engine control system or cruise control system. So, if you have a Lexus or Toyota on the list below, please be aware of these issues and see an attorney, possibly even a “runaway Toyota attorney” to evaluate your case and determine whether Toyota may be liable for your damages.

The recall affects the following Toyota models: the 2007-2010 Camry, the 2004-2009 Prius, the 2005-2010 Avalon, the 2005-2010 Tacoma and the 2007-2010 Tundra, as well as the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

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

Bus crash injures 19 people in Los Angeles

Claude Wyle — Wed, 11 Nov 2009 18:11:56 GMT

They say that misery loves company, and if so, this might be one of the few times that San Francisco loves LA. A Los Angeles county bus collided with another vehicle last week in the Silver Lake neighborhood of Los Angeles, injuring 19 people, one critically.

San Francisco has had more than its share of Muni accidents, the latest of which involved an inbound L-Taraval smashing into an outbound K-Ingleside at the West Portal Station this July. In that accident, 4 people suffered severe injuries and 43 suffered moderate to severe injuries.

Fortunately, the Los Angeles accident was slightly less serious. Apparently the accident involving a Metropolitan Transportation Authority bus happened around 6 p.m. Friday. Ten people were taken to the hospital. One person was reported to be in critical condition. The other injuries were described as minor to moderate.

As personal injury attorneys, we are always distressed by accidents involving common carriers such as Muni. One of our main concerns is that the trauma may cause you to forgo your rights. When an injury is caused by a Muni bus, streetcar or cable car, a claim must be brought against the City within six months of the date of the accident. Know your rights!

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

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

Medicare’s Harsh Collection Practices Hurt Elderly Personal Injury Survivors?

Claude Wyle — Fri, 23 Oct 2009 15:19:11 GMT

At a time when many are questioning the very future of Medicare—financial support for the program is under attack, coverage is shrinking, the number of beneficiaries is climbing dramatically—Medicare has started to fight back. Unfortunately, the elderly are getting caught in the crossfire.

Eighty-one year-old Mollie Coury knows just that. Her legs were crushed during an accident on California’s 210 freeway, east of Pasadena. Doctors thought she'd never walk again, but she regained her mobility and put the accident behind her. Thirteen years later, in the fall of 2008, Medicare sent Mollie a bill for $66,000 for medical expenses related to the accident. If she didn't pay within 60 days, Medicare would seize her Social Security checks until the money was repaid.

How did this happen? After the accident, Coury had received about $20,000 from her daughter's insurance policy. This settlement subjected her to a law called “Medicare Secondary Payer Act,” created to prevent Medicare from paying medical expenses that were the responsibility of private insurers or other parties. Essentially, if a Medicare recipient gets in a car crash or is injured by a defective pacemaker, the government picks up the hospital tab. But if that person receives a payment from a legal settlement, insurance policy, or jury award that covers accident-related medical bills, Medicare is entitled to its money back.

The problem, as described by Mother Jones columnist Stephanie Mencimer, is that "In recent years, Congress has pushed Medicare to aggressively pursue debts from injured elderly people who have won compensation through lawsuits or liability insurance." For people "on the receiving end of the collections process-mostly elderly car accident victims...it can be a traumatic ordeal." After "forcing” personal injury lawyers to serve as Medicare's debt collectors failed to produce the desired results, Congress passed new debt-collection measures as part of the 2007 SCHIP reauthorization.

Starting next year, insurance companies must report any settlements or judgments involving Medicare beneficiaries to CMS. If a Medicare beneficiary fails to reimburse the agency for health care costs it paid, the agency can punish the insurance company with double damages. But the prospect of harsher penalties is already leading to insurance company overkill that, combined with Medicare's bureaucracy, has kept some elderly folks from receiving money that's rightfully owed them.

If you are a Medicare recipient and you win compensation in a lawsuit, be very careful that the Medicare costs are taken into consideration when finalizing the settlement. If your personal injury attorneys are not familiar with the debt-collection measures you could wind up with a bill rather than a check.

Originally posted at InjuryBoard by Claude Wyle

Hospital Failed to Notify Patients Who Received Radiation Overdoses

Claude Wyle — Fri, 23 Oct 2009 12:30:50 GMT

While we have been conditioned to trust our doctors, recent developments at Cedars-Sinai in Los Angeles leave us wondering whether that is as prudent as it once was. The Los Angeles Times reported on October 6, 2009, that the hospital did not tell all 206 patients who received radiation overdoses during CT scans of its error. This according to the accounts from four people who said they only came to understand what happened to them through news reports. Hospital officials claimed that "all...patients had been contacted 'in the interest of keeping them informed.'" But, four individuals said "that although they were called and questioned by Cedars-Sinai radiologists last month, the doctors neither acknowledged any error nor explained that the patients had been exposed to eight times more radiation than necessary." The hospital "has said the overdoses stemmed from an error made when the hospital reconfigured a scanner to improve doctors' ability to see blood flow to the brain."

What we take away from this is to listen carefully to the doctor’s explanation if anything in your procedure is out of the ordinary and to ask questions if there is anything about the procedure you not understand. Do not be intimidated by technical explanations or jargon. If you feel you did not receive an adequate answer to your questions, or your doctor committed medical malpractice consult a malpractice attorney for a consultation. You should not be charged for this consultation and it is a small investment of time for substantial peace of mind.

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