San Francisco Personal Injury Lawyer - motor vehicle accidents

Truck Driver Not At Fault In Fatal Gambling Bus Accident

Claude Wyle — Mon, 10 Dec 2007 11:44:10 GMT

The CHP have determined that the pick up truck driver who was killed in last week's gambling bus accident was not the cause of the fatal collision. Although the truck driver had been driving aggressively before the bus crash, the deadly bus accident was caused by another driver who sideswiped the gambling bus, and then hit another car behind the bus. The tour bus, on its way back to San Francisco, also lost control and crossed into the pick up truck's lane, causing a head-on collision, and causing many serious personal injuries. The driver of the car who is at fault suffered major personal injuries, and another driver who was struck also has suffered serious personal injuries, as well.
As bus accident and truck accident attorneys, we have learned that the first impression of fault for a crash by the police is not always the best and last word. The CHP have changed their determination of fault largely because they have, like we do every day, employed accident reconstruction analysis to the physical evidence found at the scene and on the vehicles involved. In our experience, careful accident reconstruction often reveals the truth about a collision, long after the police have called it an open and shut case.

So, what should the innocent injured driver and the family of the truck driver and the passengers of the bus do about their injuries and potential claims arising from this bus crash? First of all, they should determine how much med pay coverage is available under their own policies on their own cars, and how much uninsured or underinsured coverage they may have on their own vehicles. The driver who is at fault is not likely to have enough coverage to compensate all of the injured people and the family of the deceased. People are probably going to be forced to look to their own policies for compensation. Open the claim with your own carrier now, and sort out the policy limits of each of the parties down the road. Good luck, and best wishes, Claude.

For more information on this subject, please refer to the section on Tractor-trailer accidents.

Originally posted at InjuryBoard by Claude Wyle

San Francisco Bound Gambling Bus Crash With Truck; Kills Driver

Claude Wyle — Wed, 05 Dec 2007 16:10:57 GMT

What started out as a peaceful bus ride to the Indian Casino for a bit of gambling, has turned ugly, with a bus crashing head-on into a pick up truck, and killing the driver of the pick-up. CHP investigators are still investigating last Sunday night's fatal bus crash, which killed one person and caused serious personal injuries for several more. There is talk of a side swipe and of dangerous passing, however what is clear to this bus crash attorneyis that this bus was difficult to control. Was the bus speeding? Did the bus driver have the chance to avoid this crash? Had any of the drivers involved been drinking? How many seconds before the impact did each of the drivers have to avoid this deadly bus crash? These are all questions that a bus crash attorney will have to ask if he or she is retained by the passengers of this bus or by the family of the man who was killed when the bus smashed into the truck.

For more information on this subject, please refer to the section on Mass Transit 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

San Francisco Motorcycle Accident Attorneys Settle For $2,250,000

Claude Wyle — Fri, 09 Nov 2007 16:43:08 GMT

We are pleased to announce victory for one of our motorcycle accident clients. Our San Francisco motorcycle accident attorney team recently settled a case for $2,250,000. As our 26 year old client, Dwight L. was riding his motorcycle in Marin County, the driver of a minivan pulled a U-turn across both lanes and directly into
Dwight's path. Although Dwight made a statement to the reporting CHP officer that he had been riding 65 mph, our team of experts, including accident reconstruction experts, physicists, and human factors experts, was able to refute the van driver's assertion of comparative negligence. Dwight suffered multiple fractures to both arms and both legs, and survived 11 surgeries, and our motorcycle accident team was able to make the negligent van driver fully accountable.

This case was filed in Marin County Superior Court in San Rafael, California. Liability for this crash was hotly contested for over a year. The defendant driver of the mini-van actually passed away during the pendency of the litigation, and negotiations were with three different law firms for the defense. This case settled after two mediations in San Francisco. Dwight has taken his settlement money and paid off his mother's house. He also chose to use part of the settlement to fund a structured settlement, which will pay him over time for the rest of his life. Dwight is a very deserving young man, who has demonstrated tremendous strength of character throughout this litigation. He is a true survivor, and we have been proud to represent him.

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

Originally posted at InjuryBoard by Claude Wyle

Lane Sharing is Legal and Reduces Motorcycle Accidents

Claude Wyle — Tue, 06 Nov 2007 16:05:16 GMT

I thought that I should chime in, since I have settled at least four or five lane sharing cases for six figures in the last year or so. You should take these cases and evaluate them carefully. The claims representatives have no idea what is legal in California or what is reasonable riding and they should be educated that lane sharing cases are valid. First of all, I recognize the prejudice in jurors against motorcyclists, particularly bikers who are lane sharing or filtering or lane splitting. No matter how you slice it, car drivers don't like it. Did you know that lane sharing is legal only in two states, California included, and that studies have shown that it is actually safer for a motorcyclist to split lanes than to sit in traffic and await being rear ended? In days gone by, most motorcycles were air cooled and would overheat unless they were actually moving forward (Harleys and Triumphs and Nortons are a good example). Thus, we had bikes dying in traffic, and creating a hazard when they got stuck in the roadway. Bikers were injured when they were rear ended. Bikers were still getting rear ended and getting hurt even when they were not stalled in traffic, because they were more difficult to see than cars or trucks.

The only real comprehensive national study on motorcycle accidents is the famous "Hurt Report", and is available as noted below:
Interestingly, Hurt, no pun intended, opined that it was more dangerous for motorcyclists to be stuck in traffic than it was for them to lane split. Of note is the fact that Hurt himself was rear ended on his motorcycle and was injured thereby. So, it is legal here in California, but is it safe? The California Highway Patrol has a brochure on safe motorcycle riding and they used to actually provide the specific parameters as to what was considered safe lane splitting. They have since taken out the specific answers to Mark's question, and replaced them with more of a reasonableness standard. Still, I think that some parameters are still important and the CHP have guidelines for what they consider reasonable without putting it into the brochure. If the reporting officer did not add your biker's conduct as a contributing collision factor, you can bet that they did not believe that he or she was violating the CHP guidelines for lane splitting. 20-25 mph faster than the speed of traffic is marginal. 15mph is a more acceptable figure. 30-40 mph for speed is acceptable but 35 is almost always considered reasonable. I have found that the key to the lane sharing cases is in determining if your motorcyclist was actually engaged in lane sharing at the precise time of the impact. Most of the time, a biker might have been lane sharing, but then will end up in control of a lane just before the other party changes lanes into them. The devil is in the details, and in careful deposition preparation. There are many factors at play, including exactly where the biker was in the lane and what the biker saw just before the car moved into their lane. I would be happy to discuss this topic, or any topic related to motorcycle cases or racing or riding with any of you. Corner me or my partner George at the Convention, or, better yet, come riding with us on any given Sunday morning. Check out the Hurt Report at:
National Technical Information Service
5285 Port Royal Road
Springfield, Virginia 22161
(703)-487-4600
and order:
Motorcycle Accident Cause Factors and Identification of Countermeasures, Volume 1: Technical Report, Hurt, H.H., Ouellet, J.V. and Thom, D.R., Traffic Safety Center, University of Southern California, Los Angeles, California 90007, Contract No. DOT HS-5-01160, January 1981 (Final Report)
Vol.I (The Main Report and Summary) is PB81206443 (~400 pages)
Vol.II (Appendix: Supplementary Data) is PB81206450 (~400 pages)
Either document is $42.95 plus $3.00 shipping. (circa 1990)

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

Originally posted at InjuryBoard by Claude Wyle

10 Things Your Insurance Company Won't Tell You

Claude Wyle — Thu, 25 Oct 2007 11:22:13 GMT

1. "You need a lawyer."
2. "You're paying too much."
3. "Forget your driving record. We want your
credit rating."
4. "We can dump you on a whim."
5. "We're pocketing your deductible."

6. "We'll stiff you if your car is
totaled..."
7. "...and even if it isn't."
8. "Our body shops work for us, not you."
9. "We make money by sitting on your claims."
10. "We own your state insurance commission."
Other things you are not likely to hear, ever.
11. "Your claim is valid and legitimate and we will pay it right now."
12. "We will never falsely accuse you of insurance fraud."
13. "We don't need a recorded statement to pay the claim."
14. "Your home was burned down by a wildfire and not by an arsonist."

Anyone care to add a few???

Originally posted at InjuryBoard by Claude Wyle

Elderly San Francisco Driver Causes Pedestrian Death

Claude Wyle — Thu, 18 Oct 2007 17:59:08 GMT

A 90-year-old woman turned left onto Pine Street from Fillmore Street in San Francisco, California, last Sunday night. Six pedestrians were crossing the street in the intersection at the time. Although most of the pedestrians managed to avoid the automobile, the negligent driver struck and killed Susan Ali Shepherd, a well-known member of the San Francisco Latino radio scene. Ms. Shepherd's immediate family includes her husband and two children. While the elderly driver may face criminal charges, Shepherd's family should also consult a pedestrian accident attorney, and ensure that the negligent driver be made accountable for her deadly conduct.

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

Originally posted at InjuryBoard by Claude Wyle

Alcohol to Blame in Fatal Highway Accident

Claude Wyle — Sat, 06 Oct 2007 18:18:39 GMT

Another drunk driver has needlessly taken the life of another. Early Thursday morning, Zhang Bailan was driving south on Highway 101 in San Francisco California. He had been drinking earlier that night, and struck another vehicle as he attempted to exit onto Third Street. The driver of the car Bailan struck suffered fatal injuries, and the driver's passenger was rushed to San Francisco General Hospital for treatment of moderate injuries.

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

Originally posted at InjuryBoard by Claude Wyle

Speeding Teen Driver Causes Fatal Auto Accident

Claude Wyle — Fri, 28 Sep 2007 18:07:34 GMT

Rachel Vargas, a 14-year-old, suffered fatal injuries when the car she rode in spun out of control and hit into the center divider on Interstate 680, near Pleasanton. Police say the driver, Drori Levi was driving at an extremely high rate of speed, which likely was the cause of this auto accident. Fortunately, Levi's other three passengers escaped with their lives, although they did suffer serious injuries. No criminal charges have been filed against Levi. So far, it is unknown if Vargas' family will pursue a wrongful death claim.

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

Originally posted at InjuryBoard by Claude Wyle

The Dangerous Streets of San Francisco

Claude Wyle — Fri, 28 Sep 2007 11:14:37 GMT

Whether you are driving in San Francisco, or trying to walk across a busy street, you will always be risking personal injuries or wrongful death. Although it's never really been easy to negotiate the Streets Of San Francisco, this year marks a troubling spike in motor vehicle collision deaths, and drivers and pedestrians should be extra careful. San Francisco is on a course for roughly one traffic fatality a week, a level that would be one of the highest in a decade.

Traffic deaths, as of August are already ahead of last year's 12-month total. Can we blame bad weather, or population growth, or tourism levels, or cell-phone use or the fact that there are just more drivers? While these are all factors in traffic accident statistics, the cause is complex. With no simple explanation or cure, what is the City's plan?
The city is responding by spreading its bets. It instituted red-light cameras, which have apparently lowered the number of violations - and accidents that red light runners cause.
Other plans include crowding danger zones with extra law enforcement. Major streets with a high record of accidents like Park Presidio Boulevard, or 19th Avenue, or Geary or Alemany boulevards, for example will be flooded with extra law enforcement on a shifting basis.
There are also other proposed changes. More countdown signal displays with bright yellow street paint will help pedestrian safety. Muni operators, who have been involved in five pedestrian deaths this year, will get extra safety reminders. Bike-lane markings will be brightened.

San Francisco's small geographic area makes it great for walking, biking and short car trips. However Highways 1 and 101 run at street level right through several San Francisco neighborhoods, and these crosstown drivers can add to the dangers of San Francisco driving or walking. That means more collisions or close calls between pedestrians and rushing traffic. Four of the five most dangerous San Francisco intersections are linked to these state roads.
Getting drivers to slow down is essential to reducing the danger of the Streets of San Francisco, and the City is right to increase their effort to stop these preventable injuries and deaths.

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

Originally posted at InjuryBoard by Claude Wyle