Oakland Personal Injury Lawyer Blog

On March 29, 2012, a man who was walking in a crosswalk was struck by a bicyclist in San Francisco and suffered serious injuries. The man was walking across Market Street in a marked crosswalk, when he was hit. Both the pedestrian and the cyclist suffered head injuries causing loss of consciousness. They were both taken to San Francisco General Hospital for treatment of their injuries.

According to one of the witnesses, the cyclist was traveling south on Castro and was crossing Market when the pedestrian accident occurred. The witnesses advised the police that the cyclist may have run the red light.

In a study by NHTSA, in 2005, more than 5000 people were killed in pedestrian and bicycle accidents. Although the numbers have declined, pedestrian and bicycle serious injuries and deaths resulting from accidents is still a big problem.

In order to reduce the numbers of personal injury accidents further, bicyclists should do the following. First, remember that you are bound by the same rules of the road as a motor vehicle. That means among other things, that cyclists must obey traffic controls such as traffic lights, stop signs, yield signs just as any operator of a vehicle must. In the case above, a serious accident, which resulted in injuries to both the rider and the pedestrian, may have been avoided if the law regarding stopping for red lights was obeyed.

In addition to following the traffic laws, cyclists can help prevent serious personal injuries to themselves by wearing protective equipment and taking other safety precautions. The number one form of safety equipment to be used is the helmet. It is unknown in this accident whether the cyclist had a helmet on or not, but he lost consciousness as a result of the collision, and therefore, one must suspect that a helmet was not worn. Helmets have proven effective in reducing serious head injuries and preventing traumatic brain injuries (TBI). Helmets are required by California law for riders under the age of 18.

Besides the use of a helmet, cyclist should wear clothing so they can be seen by others. White is not recommended. Rather, cyclist should wear neon, fluorescent or other bright colors whether riding at night or day. It is best to avoid riding at night, but if you must, make sure you have reflectors on the front and rear of the bike, reflectors on your wheels, and reflective tape on shoes are useful in improving visibility.

While following the usual rules of the road is mandatory, there are a few other California laws which pertain to bicyclists who use the road way. Bikes should ride as far or near to the right curb or edge of the roadway as is practical--not on the sidewalk. Bikes may choose to ride on the left side of the roadway, when they are on a one way street. Bikes must make left and right turns in the same way drivers do, using appropriate turn lanes. If the cyclist is riding straight ahead, he should use a through traffic lane rather than riding next to the curb.

As an Alameda bicycle injury lawyer, I have seen many serious injuries caused when bicyclists have been involved in accidents. The frequency of these accidents can be reduced if we follow the proper rules of the road for cyclists. The severity of these accidents can be reduced by wearing appropriate safety clothing and helmets. If you have been seriously injured in a bike accident, it is vitally important to know your legal rights as well.

Resources:

Pedestrian, cyclist injured in crash in Castro, San fRancisco Chronicle, March 30, 2012

California Driver Handbook- Sharing the Road, California Department of Motor Vehicles

This Saturday, May 14, 2011, Alameda will be hosting its first "Tour de Tracks" bike tour. The event is being hosted by the City of Alameda, the Greater Alameda Business Association (GABA) and BikeAlameda. This will be a fun event where riders will travel a course through Alameda along the old railroad stations.

The tour traces the railroad line which was first established in 1864. There are stops on Encinal and Lincoln at the following stations: High Street, Versailles, Chestnut Encinal, Morton, Bay and Grand Station. Riders can pick up raffle tickets along the way at participating GABA member businesses and win prizes including a brand new bicycle.

There will be free registration for the event at Lincoln Park starting at 9:00 a.m.. Group rides will begin at 10:00 a.m.

As an Alameda personal injury lawyer and as an avid bicycle rider myself, I've come to know a lot about bike safety and how to avoid accident resulting in serious personal injuries. Here are a few tips to keep your ride on Saturday safe.

Use proper safety equipment, including a certified helmet. Bright clothing is also useful so you are visible to drivers of cars and trucks.

Obey all traffic safety laws: Bikes are required to obey all traffic laws just like motorists. Additionally, riders are required by law to ride as far to the right of the road as safely practical except when preparing to make a left turn or overtaking other bikes or vehicles. Parked motorists who open their doors directly in front of cyclists is a common cause of bike accidents. In order to avoid getting "doored" bicyclist must ride sufficiently to the left of parked vehicles so that if a door suddenly opens, their bike will still be clear of the door. Another good tip is to look for driver's in parked cars, or brake lights. These can be signs that the motorist is about ready to pull into traffic. Always stay in the bike lane if one is provided.

As always, it good to know your legal rights and obligations if you are riding a bike or have been involved in a bicycle accident.

I will be out volunteering to help at the Bay Street Station near Pagano's on Saturday. I look forward to seeing you there and I wish you a fun and safe tour.

Resource:

The Alameda Sun, New Tour de Tracks Event Invites Cyclists to Visit Alameda History, May 11, 2011

A common bike accident involves getting "doored." This happens as the bicyclist is riding down the right side of the road, and a motorist in a parked car, suddenly opens his door causing the cyclist to run into it. As an Oakland personal injury attorney, I have represented numerous clients who have had this unfortunate experience.

The injuries can be serious, even life threatening. Recently, an Oakland bicyclist was killed when a driver on McArthur Blvd. opened her door causing the cyclist to pull suddenly to the left where he was hit by an AC Transit Bus.

I am an avid cyclist myself. I recently found a website devoted to bike safety. It outlines ways to avoid this type of bike accident, as well as several other types. Regarding what it calls the "Door Prize" it recommends the following: Ride far enough to the left of the parked vehicles so that an opened door will not interfere with your line of travel. I would add to that my own personal approach. I always keep an eye open to see if there is a driver in the car as I approach from the rear. If there is, I always assume that the driver is going to suddenly open his door or pull out into traffic.

Although the law requires drivers to make sure it is safe before opening their doors, as bike riders we need to drive defensively for our own safety to avoid these type accidents. If you are injured in such a bike accident, it is important to know your legal rights before contacting an insurance company or adjuster.

Resource:

How Not To Get Hit By Cars, bicyclesafe.com

The San Francisco Chronicle reported on the 25 deadliest streets for Bay Area cyclists. Oakland's Foothill Blvd ranked number 20 out of 25 for the most bicycle accidents resulting in fatalities and severe injuries. During the period from 1997 to 2007, there was one fatality and six severe injuries on the Oakland street. Market Street in San Francisco ranked number one in the Bay Area with three bicycle related deaths and sixteen severe injuries during that same time period.

As a personal injury lawyer in Oakland for many years, I have personally seen the great harm that can be caused in accidents involving bicycles. Recent reports have shown that bicycle accidents in Oakland are increasing. As a motorist we must take care to share the road with cyclists. As cyclists we must do all we can to minimize the risk of injury to ourselves when riding.

Motorists should be familiar with and follow the rules relating to use of bike lanes as stated in the California Vehicle Code section 21209. Bicyclists who are injured in accidents should know their legal rights if they are injured in an accident. By knowing and following the rules of the road for bikers we can all do our part to help reduce these fatalities and serious injuries.

Resources:

San Francisco Chronicle, Bay Area's 25 deadliest roads for cyclists, March 16, 2008

A study by the Rand Corporation shows that bicycle accidents in Oakland have risen 30% between 2000 and 2008. The same study showed even more bicycle injury accidents in Berkeley than in Oakland. Studies by the Department of Transportation reveal that 3% of all traffic deaths are related to bicycles.

One thing that can be done to reduce bicycle injury accidents and deaths caused by injuries is to know and follow the rules relating to bike lanes. California Vehicle Code section 21209 says that a motor vehicle shall not operate in a bike lane unless they are parking; entering or leaving the roadway; or preparing for a turn within 200 feet of an intersection. Bikers should know and follow the rules in Vehicle Code section 21208: always ride in the lane unless overtaking other vehicles; when preparing to make a left turn; to avoid hazardous conditions; when approaching an area where right turns are permitted; and never leave the lane without taking appropriate precautions and using the proper hand signals.

Bike riders can learn how to ride more safely and avoid accidents by signing up for a bicycle safety class offered by the East Bay Bicycle Coalition. Bike riders can also learn about their rights if they have been injured in an accident.

As an avid bicyclist I appreciate the fun and value of bike riding. As an Alameda personal injury lawyer, I have seen the tremendous harm caused by drivers and bicyclists not following the traffic laws and operating their vehicles safely. By following the laws and using good bike safety we can all help reduce the number of bicycle injuries and deaths.

Resources:

Oakbrook, Oakland Bicycle Accidents on the Rise, February 1, 2010

Department of Transportation, Cal Trans, Pedestrian and Bicycle Facilities in California, July, 2005

Recently the City of Oakland joined 157 other cities across the nation and became a formally recognized "Bicycle Friendly Community." This is a designation given by the League of American Bicyclists to those cities which provide safe accommodations for cycling and encouraging people to bike for transportation and recreation.

As an Oakland bicycle injury lawyer and a bicyclist myself, I have seen numerous instances where people have been seriously hurt in bicycle accidents. I am glad to see that the city of Oakland has taken steps to not only help reduce these injuries but has encouraged the use of bicycles for transportation.

In order to promote safety, I strongly recommend the following:

Wear a properly fitted bicycle helmet
Adjust your Bicycle to Fit
Seen and Be Seen-- Wear appropriate clothing and use of reflective materials
Watch for Road Hazards
Avoid riding at night where possible.

For more tips on bike safety, go to the National Highway Safety and Transportation website. If you have been injured in a bicycle accident, you should know your legal rights.

Resources:

Oakland Tribune, Oakland Recognized as bicycle-friendly Community, September 16, 2010

NHTSA, Kids and Bicycle Safety, April 2006

As a cyclist, and an Oakland personal injury lawyer, who represents many cyclists, I often see tragic hit and run accidents. Most recently, in Danville, a twenty-three year old driver, was allegedly operating his pick up truck while intoxicated caused a hit and run accident. He first ran into a bicyclist, then a pedestrian and then two vehicles. He was then apprehended by the police. Fortunately, none of the injured persons sustained life threatening injuries.

This accident points out the importance of several things. First from a safety point of view, no matter how careful you are as a cyclist, sometimes you just can't avoid a collision. Therefore, the importance of good safety equipment is essential. Always wear a helmet. This is required for those 18 years of age or younger. Other safety laws designed to prevent bicycle accidents include the following: Brakes are required. The handlebars shall not be raised above the level of the shoulders. If riding at night, the following equipment is necessary: A lamp visible from a distance of 300 feet in front and from the sides; a rear red reflector; white or yellow reflectors on each pedal, shoe or ankle visible from the front and rear of the bike for a distance of 200 feet; a white or yellow reflector on each side on the front and back half of the bike or reflectorized wheels.

While we can't alway avoid drunk drivers, we can take steps to help prevent bicycle accidents and to minimize their severity when they do happen. Following all the safety laws is important. Wearing a well designed helmet is probably the single most important thing you can do to prevent serious injury on a bicycle. Finally, know your legal rights if you have been injured in a bicycle accident.

Resource:

Oakland Tribune, August 2, 2010, Brother of S.F. Giant held in Danville hit-run DUI

Recently, there was a tragic fatal accident involving a bicyclist in Oakland. According to the newspaper accounts, a bicyclist was passing a parked car on MacArthur St. As he passed the parked car, the driver of the car opened his door causing the cyclist to strike the door. The impact caused the cyclist to be thrown into oncoming traffic and as a result he was struck by a AC Transit bus and killed.

There are two things that we can learn from this tragedy. First, as drivers, we have the legal responsibility to make sure there is no oncoming traffic before opening a car door. If we don't and we cause a collision, we are legally responsible for the collision. Therefore, we should look carefully before opening the door, and should open the door slowly and continue to look to make sure that we have not overlooked an approaching cyclist or other vehicle.

As cyclists, the law places us in a predicament. The law requires us to drive as far to the right side of the road as practical (except where to avoid parked cars). So we must drive to the right, but pull out into traffic to go around parked vehicles. This can be dangerous as going from the far right into traffic can also cause collisions. As a practical safety matter it is best to drive well to the left of parked cars, to avoid opened doors, and remain in that same line of travel.

Unfortunately, as a Oakland personal injury lawyer and an avid cyclist myself, I have seen first hand many such tragedies which could have been avoided.

Resource:

Bicyclist dies in collision with AC Transit bus, SFGate.com, May 20, 2010