San Francisco Personal Injury Lawyer - motorcycle accident

Motorcyclist Under the Influence Kills Nine-Year Old Girl and Critically Injures Her Father

Margaret Embry — Tue, 16 Jun 2009 12:45:12 GMT

On May 27, 2009, a father and his nine-year old daughter were struck by a motorcycle that was being operated by a man under the influence of alcohol in Novato, CA, according to foxreno.com. The nine-year old girl died from her injuries and the father is still in critical condition. As the father and daughter were crossing the street on a crosswalk, the impaired motorcyclist was speeding and ran a stop sign, subsequently hitting the two pedestrians. The motorcyclist was arrested for vehicular manslaughter while intoxicated, mayhem, and enhancement alleging infliction of great bodily injury during a felony.

Driving under the influence in any type of vehicle is illegal and extremely unsafe. Operating a motorcycle under the influence of alcohol can put the driver at an even higher risk for injury to themselves or to others. According to the Motorcycle Safety Foundation's Quick Tips for Alcohol Awareness:

Having any alcohol in one’s body increases the chance of crashing by five times.

Having a BAC greater than 0.05% increases the risk of crashing about forty-fold.

46 percent of all motorcyclists killed in crashes were using alcohol.

One fourth of all fatal alcohol-related motorcycle crashes involve motorcyclists running off the road, overturning, or falling from the motorcycle rather than striking another object.

The Motorcycle Safety Foundation has a helpful Riding Tips Handbook for those interested in learning more about motorcycle safety.

Originally posted at InjuryBoard by Margaret Embry

Car Pulls Out of Driveway; Another Motorcycle Accident Death

Claude Wyle — Wed, 12 Dec 2007 13:59:53 GMT

Last Friday night, a 22-year old motorcycle rider was killed in Hayward when he crashed his Yamaha R1 into a Dodge Intrepid that had just backed out of a driveway. The rider, a man named Escobar, was pronounced dead at the scene. Police has mentioned speed as a factor in the collision. The Hayward Police Department is investigating the motorcycle crash, and people with additional information are requested to call Officer Eric Mulhern at (510) 293-7011.
As San Francisco motorcycle accident attorneys, we encounter similar factual situations all the time. While it is clear that a car driver is negligent for backing his vehicle into the path of traffic, the speed of a motorcyclist will always be in question. A motorcycle rider absolutely needs to ride defensively. When a car crashes into a car, fenders bend. When a motorcycle crashes into a car, the motorcyclist gets hurt or is killed. If you see a car in a driveway and the lights are on, or the reverse lights are on, please slow down and give that vehicle a wide berth. You may have the right of way, but your life and health are yours to protect. Have fun, and ride safely, Claude

Originally posted at InjuryBoard by Claude Wyle

Deadly Motorcycle Accident Kills Tracy Man on Highway 238

Claude Wyle — Mon, 12 Nov 2007 16:14:16 GMT

Sad news for the motorcycling community, and a bit of a mystery for some motorcycle attorneys to unravel. Leopoldo Zaragoza, riding a 2001 R1, was killed at or around 5:25 a. m. on Interstate 238 early this Monday morning. Zaragoza, a 38-year-old Tracy resident was pronounced dead at the scene of this deadly motorcycle crash. Although no other vehicle is thought to be involved in this motorcycle accident, there was some metal debris on the highway, which possibly came from a big rig. Witnesses said that Zaragoza was trying to avoid the debris when he lost control of the bike. If the big rig can be identified from the debris, or if Zaragoza had uninsured motorist coverage. then his family can potentially recover for wrongful death. Another question would be why the State had not cleaned up the highway, leaving it a dangerous condition of public property?

Anyone with additional information on the accident is asked to call California Highway Patrol Officer Jose Gonzalez at 510-489-1500.

For more information on this subject, please refer to our section on 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

Oakland Motorcyclist Shows Bad Attitude and Causes Bicycle Accident

Claude Wyle — Thu, 25 Oct 2007 14:53:08 GMT

When I ran across a blog by an irate bicyclist who's riding partner was injured by a passing motorcycle rider on Skyline in Oakland on Sunday October 21, it brought to mind some of the problems that we motorcycle and bicycle accident attorneys face when representing bikers. The problem is attitude. The bicyclist's blog is rightfully complaining about a motorcyclist who physically pushed a bicyclist as the bicyclist was riding two abreast up the road. As a result, the bicyclist went down and suffered some serious injuries. How does this type of behavior make motorcycle riders look? Does it reflect well on bicyclists either?

So, I believe that we can all agree that the motorcyclist's conduct was inexcusable, to say the least. I personally have handled several cases where motorists intentionally brush against or push bicyclists and sometimes even intentionally open doors into a biker's path, and I am still shocked by some of the downright criminal behaviour I encounter. How can these people who are committing assault and battery feel remotely justified? I believe it is because of the attitude expressed by so many bikers, on bicycles and on motorcycles. Let's face it. The motoring public resents the space we occupy on the road, and resents the way we can get through a traffic jam so much more quickly than a car. Riding two abreast is not a crime worthy of corporal punishment, but the debate between bicyclists and motorists rages on, particularly in the San Francisco Bay Area. The bicyclist is the one who will invariably lose this argument, as he is the one who is most physically vulnerable. While a bicycle attorney may be able to make the offending party's insurance pay, the injured bicyclist has already paid the price in broken bones or other injuries. And, if the cyclist's injuries are truly severe, are there ever enough policy limits to compensate the injured party? Please do not take anything I say here to mean that I condone any type of violent behavior toward cyclists. I believe that anyone who hurts a biker should be fully accountable. I just have to fight stereotypes and stick up for bicyclists and motorcyclists every day. The type of attitude expressed by the motorcyclist who pushed this bicyclist of the road makes it tougher to obtain accountability when a biker is hurt. What may have started out as a light hearted prank has caused some very ugly injuries, and gone a long was with many people toward emphasizing the bad biker image.

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

Originally posted at InjuryBoard by Claude Wyle

Unsafe Left Turn Causes Fatal San Francisco Motorcycle Accident

Claude Wyle — Thu, 11 Oct 2007 19:40:29 GMT

This last Thursday, a negligent car driver made a left turn into the path of a motorcyclist in San Francisco, causing the motorcycle to collide with the side of the car. This dangerous left turn caused the wrongful death of 37-year-old Teterio Carpenter. The fatal motorcycle accident occurred at approximately 8:30 p.m., at 1100 block of Gilman Avenue, in San Francisco, California. As motorcycle attorneys, we see so many unsafe left turn cases per year. The unsafe left turn in front of a motorcycle is the most common type of motorcycle accident, by far. Sadly, this motorcycle crash has caused a wrongful death.

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

Originally posted at InjuryBoard by Claude Wyle

Dangerous San Francisco Intersection Claims Another Life

Claude Wyle — Tue, 09 Oct 2007 19:22:52 GMT

Sloat and 19th Avenue is arguably the most dangerous intersection in the city of San Francisco. Last year, seven people suffered fatal injuries at this intersection. Wednesday, a 21-year-old pedestrian was killed during a head-on collision in which one car jumped the curb. An unidentified mother and her child were also struck, but survived, with moderate injuries.

For more information on this subject, 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

South San Francisco Woman Suffers Brain Injuries in Hit and Run

Claude Wyle — Sat, 22 Sep 2007 12:20:51 GMT

A South San Francisco woman was struck by yet another hit and run driver while walking her dog this last Tuesday. The dog was killed and this woman suffered severe brain injuries. Although she is expected to survive this pedestrian accident, she will have to live with the day to day nightmare of serious head trauma. Some people in a following car chased the hit and run driver, but have yet to report what they saw to the police. No one has admitted to the pedestrian accident. Anyone with information, as well as the drivers of the vehicles that chased the suspect, are encouraged to call the South San Francisco Police Department Traffic Unit at (650) 877-8900. Hit and run claims are covered under the uninsured provisions of a person's family, so this woman's family should immediately file a claim for uninsured benefits under their own auto insurance policy, plus any medical payments benefits available. I am sure that this family's own insurance carrier will pay the policy limits
to the family without the need for an attorney. If you need help, please feel free to call upon us.

For more information on this subject matter, please refer to the section on Head and Brain Injury

Originally posted at InjuryBoard by Claude Wyle