Oakland Personal Injury Lawyer Blog

There have been two recent pedestrian accidents in Alameda. In one incident, a 17-year old girl was hit at the intersection of High St. and Encinal Avenue by a hit and run driver. In the other, a man was killed on Doolittle as he was walking along the side of the road (his car had been impounded by the Alameda police because he was an unlicensed driver). A number of Alameda residents have voiced concerns about the safety of Alameda streets. These recently well publicized cases bring a couple of points to mind. Are pedestrian accidents on the rise? What can be done to help further reduce the number of pedestrian collisions? If you are injured in a pedestrian accident, how can your auto insurance help you out?

Interestingly, the number of pedestrian accidents has actually declined over the past ten years. A study by the NHTSA, National Highway Traffic Safety Association, showed a 14% decrease in the number of pedestrian fatalities nationwide since 2000. In 2009, there were 4,092 fatalities and an estimated 59,000 injuries due to pedestrian accidents. Pedestrian fatalities represented 12% of all motor vehicle related deaths. 48% of the pedestrian deaths involved alcohol use by either the pedestrian or the driver.

NHTSA recommends the following practices to reduce pedestrian injuries and deaths.

• Drivers are required to yield the right of way to pedestrians crossing streets in marked or unmarked crosswalks. This is especially true in situations where drivers are turning right onto another street into the path of pedestrians.
• When possible pedestrians should cross at designated crosswalks. Always look left and right before crossing, and if a parked car is blocking your view, stop at the edge line of the vehicles and look before coming around it and entering the street.
• Increase visibility at night by carrying a flashlight or retro-reflective clothing.
• It is much safer to walk on the sidewalk, but if you must walk on the road, walk facing traffic.

If you have been injured in a pedestrian accident, there may be responsibility on the part of the other driver, on behalf of public entities who maintain the roadway, or on behalf of your own auto insurance carrier if the accident involves a hit and run or uninsured driver.

Where an accident is caused by an insured driver, an injured person can make a personal injury claim against that person's insurance company. In that claim the person can recover for their medical bills, lost wages, future lost earnings, and for pain and suffering.

Sometimes the pedestrian accident can be caused because the particular roadway, intersection or sidewalk was either designed poorly or was not properly maintained. If a dangerous condition of public property was a cause of the injury, a claim can be filed against the responsible entity responsible for maintaining the property. A government claim must be filed within six months of the date of the injury or it will be barred by law in most instances.

Finally, if an injury is caused by a hit and run driver, or an uninsured driver, you should have recourse to your own automobile insurance policy. This is true even if the person injured is a minor in the household and is not of driving age. Every auto policy in California is required by law to include uninsured motorist coverage unless the policy holder specifically declines the coverage in writing. This coverage will provide for compensation for all medical bills, lost earnings, and pain and suffering damages up to the full amount of the amount covered.

As an Alameda personal injury lawyer, I have represented many injured pedestrians over the years. The injuries are often serious and permanent in their repercussions. By following the recommendations above, hopefully we can continue to help reduce the numbers of these types of injuries.

Resources:

Traffic Safety Facts, 2009 Data, NHTSA

Daughter Victim of Hit-and-Run; Mom Wants Answers, Alameda Patch, January 24, 2012

It was recently announced that AC Transit has agreed to pay a woman $10.5 million in settlement of a personal injury claim arising out of a bus accident. Such eye popping numbers often raise eyebrows and questions about our legal system. In my experience as an Oakland personal injury lawyer, I have found that when large numbers like this are paid out, there are usually very serious and permanent injuries involved. This case was no exception.

In 2008, 23 year old Abby Nicols was crossing the street in a crosswalk, with the green light facing her. An AC transit bus driver took a right turn from an adjacent street and struck her in the crosswalk. Abby was trapped under the bus for fifteen minutes before she could be extracted by emergency personnel. She suffered a crushed hip, and multiple fractures of her pelvis and femur. She suffered permanent nerve damage. This twenty three year old woman will require lifetime medical care for these injuries, including future surgeries. In short, her life will never be the same. In addition to compensation for these tremendous physical injuries, she was awarded compensation for all of her past and future medical bills, and her past and future loss of earnings and earning capacity.

You can see that although 10.5 million dollars is a lot of money, it is not an unreasonable amount considering the life altering effect these injuries had on the young woman. Indeed, there is no question in my mind, that she would rather have not been hit than receive the large personal injury settlement for this bus accident.

Bus companies are often public entities and usually are not easy to deal with. As an Oakland bus accident lawyer, I have had to represent many clients against AC Transit and other transit lines, such as the San Francisco Muni. One thing clients do not realize is that since these bus lines are public entities, special procedures must be taken.

Normally, in a personal injury claim, an injured person has two years from the date of the injury to file a lawsuit. However, when a person is making a claim against a public entity, such as AC Transit, you must file a government claim within six months of the date of the injury. If a claim is not filed within six months, the person will lose their right to sue (subject to some very limited exceptions).

The government claim must describe who was injured, how the injury occurred, the factual and legal basis for the claim, the types of damages sought, and the identity of responsible parties. If a claim is not properly filled out, a party will lose the right to purse that particular theory of recovery. Therefore, it is important to have well qualified legal counsel prepare the claim to assure that all possible theories of recovery are alleged in the claim.

Usually, these government claims are rejected by the public entity responsible for the injury. After the rejection of the claim, the injured person has six months from the date of the rejection of the claim to file a lawsuit. If the lawsuit is not filed within this time frame, the lawsuit will be thrown out of court.
As you can see, government claims procedures are quite complicated. If you are injured in a bus accident, or any type of accident where a public entity is responsible, you should consult with a lawyer well trained in government claims to make sure your rights are protected. For more information, see "Six Things You Should Know if You Want to Sue the Government in California."

Resources:

AC Transit agrees to $10.5 M settlement in crash, San Jose Mercury News, September 13, 2011

A recent report shows that San Francisco is one of the most dangerous cities in the country for pedestrians. The City averages 800 pedestrian accidents per year--an average of over two pedestrian accidents per day! The total number of accidents per year exceeds that of larger cities such as New York, London, and Tokyo.

The study shows that the primary cause of these accidents was driver inattentiveness and failure to yield the right of way. The design of the roadway, crosswalk, and site distances can also be contributing factors to pedestrian accidents (See Alameda Pedestrian Accident Raises Questions About Safety of Crosswalk).

The Federal Highway Safety Administration has adopted measures to help reduce pedestrian injuries and deaths. Over the past six years the Safety office has been working with states and cities to design safer pedestrian facilities and pedestrian safety action plans. It has produced a program entitled "Pedestrian Safety Strategic Plan." The program has helped reduce the number of pedestrian injuries and fatalities where it has been implemented.

As a personal injury lawyer, working in the San Francisco Bay Area, I am glad to see our federal government is taking steps to help reduce these serious injury cases. When local or state governments fail to take appropriate safety steps, their failure may create dangerous conditions. In those instances the government will be liable along with the negligent driver for the personal injuries caused in the accident. If the a city or state has created or maintained a dangerous pedestrian crosswalk, you should know your rights against the government and take appropriate steps to make a timely claim.

Resources:

SF Gate, San Francisco Streets Particularly Mean for Pedestrians, December 20, 2010

An eighteen year old driver drove her car into two pedestrians, a mother and her two year old child in Rohnert Park, California on Friday, December 3, 2010. The child was killed and her mother was seriously injured. The cause of the motor vehicle accident is still under investigation. Unfortunately, as an Oakland personal injury lawyer, I have observed that serious teenage car crashes appear to be rising. New brain research provides a potential explanation for these car accidents.

Teenage drivers have much higher rates of car accidents, and citations. The citation rate for 16 year olds is 1.8 times higher than that for drivers of all ages according to the California Department of Motor Vehicles. The crash rate for teenagers is a whopping 3.7 times that of crashes for the driving population in general. Many of these result in serious personal injuries for innocent victims.

There may be many reasons for the higher accident rates involving teenagers. Brain development may be an important factor in such accidents. A study by the National Institute of Health suggests that brain immaturity may explain the higher incidences of car accidents among teenage drivers. The study shows that the area of the brain that inhibits risky behavior is not fully formed until age 25. This also helps explain why teenagers are more likely to drink, take drugs or commit crimes than older individuals.

Such brain research may be useful in drafting appropriate laws governing teenage driving, including age limits, the use of cell phones, and the transportation of passengers in order to reduce such accidents. More study needs to be done in this area to help stem the tide of increasing auto accidents involving teenage drivers.

Resources:

ABC News, Teen driver strikes two pedestrians, killing toddler, December 3, 2010

California Department of Motor Vehicles, Teenage Driver Crash Statistics

Washington Post, Brain Immaturity Could Explain Teen Crash Rate, February 1, 2005

Salim Nosrat, age 83, of Oakland died Friday evening from injuries he suffered in a hit and run accident. Mr. Nosrat was run down in a crosswalk at the intersection of Fremont Boulevard and Norris Road in Fremont. After the collision he was taken to Eden Hospital in Castro Valley for his injuries, where he passed away.

This tragic hit and run fatality points out the need for all of us to have adequate uninsured motorist coverage on our automobile insurance policies. Many people are not aware that pedestrians and even cyclists who are injured in hit and run accidents are covered by their uninsured motorist coverage on their automobile liability policies. Anyone, who is a family member and is living in the household of the insured, is also covered by the uninsured motorist coverage. Therefore, even non-drivers who are injured as pedestrians or cyclists are covered by the family's uninsured motorist coverage. When someone is killed in a hit and run accident, the family is legally entitled to make a claim for his wrongful death under the terms of the policy.

In 2004, there were 68,000 pedestrian accidents. Of these pedestrian accidents 4,641 of the pedestrians were killed. As a Fremont personal injury attorney, I am well aware of the importance of a good uninsured motorist policy to protect oneself against both uninsured drivers and hit and run drivers. When you have been hit by a hit and run driver or an uninsured driver, it is critical that you know you legal rights under your uninsured motorist coverage.

Resources:

Oakland Tribune, Oakland man dies after Fremont hit-and-run, November 8, 2010

National Highway Traffic Safety Administration, Traffic Safety Facts 2004

On September 24, 2010, a sixty-three year old pedestrian was struck by a car in a mid-block crosswalk accident in the City of Alameda. The driver of the car who hit the pedestrian states that she did not see her before the collision occurred. According to a local business owner, there have been many "near misses" at this location.

As a personal injury lawyer in Alameda, several questions come to my mind regarding this collision. First, why didn't the driver of the car see the pedestrian? Second, was there something in the design of the crosswalk and roadway which contributed to the driver not seeing the pedestrian? Were there steps that could have been taken by the City of Alameda to prevent this type of accident from occurring?

Cities are required by law to maintain their property in a safe condition (Government code section 830 (a). This applies to roadways as well as all other types of public property. Accordingly, cities are liable for a pedestrian's injuries and damages caused in a crosswalk accident if the crosswalk was in a dangerous condition. A dangerous condition of public property is defined as a condition of public property which creates a substantial risk of injury to members of the general public who are using the property with reasonable care and in a foreseeable manner.

According to Cal-Trans, mid-block pedestrian crossings such as the Alameda crosswalk in question are generally unexpected by the motorist and should be discouraged unless, in the opinion of the traffic engineer, there is strong justification in favor of such installation. Particular attention should be given to roadways with two or more traffic lanes in one direction as a pedestrian may be hidden from view by a vehicle yielding the right-of-way to a pedestrian.

Pedestrian accidents can result in serious injuries. Whenever a pedestrian is injured in a crosswalk accident, it is prudent to investigate all of the circumstances surrounding the accident. This includes whether there were other factors beyond driver error which contributed to the accident. At times the very condition or design of the roadway where the accident occurred may have been the primary cause of the pedestrian injury.

Resources:

Oakland Tribune, 63-year-old woman severely injured in Alameda traffic accident, September 24, 2010

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

A sixty-three year old woman suffered life threatening injuries when she was struck by a car in a crosswalk in Alameda. The unidentified woman was walking across Park Street at 7:30 a.m. in the morning when she was hit by a blue Saturn. The driver of the Saturn told police she did not see the pedestrian before the collision. According to the president of the Park Street business association in Alameda, there have been several near-misses at that cross walk and that is why flashing foot lights were installed on the roadway.

California Vehicle Code section 21950 states that drivers must yield the right of way to any pedestrian lawfully in a crosswalk. That section does not relieve a pedestrian from the duty to use proper care in crossing the street. Therefore, the pedestrian cannot suddenly dart out from the curb or unnecessarily stop or impede traffic.

As an Alameda personal injury lawyer, I know many questions will be investigated in this pedestrian accident. The investigation will center on several matters including the visibility of the pedestrian and the reasonableness of the conduct of both the driver and the pedestrian. Whenever pedestrians are seriously injured in crosswalk accidents, insurance companies immediately hire experts to determine the speed of the vehicle at time of impact and to conduct time and distance studies. The investigation is done quickly before evidence disappears. Accordingly, victims of these type pedestrian accidents are wise to quickly find a attorney specializing in personal injury to do a thorough and prompt investigation of the accident to protect their legal rights and to preserve all necessary evidence. If this is not done, the victim of the crosswalk accident can be victimized again by the driver's insurance company.

Resources:

Oakland Tribune, 63-year-old woman severely injured in Alameda traffic accident, September 24, 2010

Two elderly pedestrians were struck in crosswalks in San Francisco in unrelated accidents on Thursday, September 2, 2010. The first collision involved a hit and run auto accident. The driver ran over a pedestrian, Joyce Lau, as she was walking in a crosswalk. She later died as a result of her injuries. The hit run driver was caught and arrested for felony hit and run driving.

The second accident also occurred in an intersection where the pedestrian was walking in a marked crosswalk. A 79 year old unidentified woman was crossing the Bayshore Blvd. with the right of way when the driver took a right turn onto Bayshore from Bacon and hit her.

As a San Francisco personal injury lawyer, I have unfortunately seen many such serious pedestrian accidents. The law is clear that a pedestrian in a marked crosswalk has the right of way. As drivers, even if we have a green light, we have an obligation to make sure the crosswalk is clear before making a right turn onto an adjacent street such as in the Bayshore Blvd. accident described above. As pedestrians, we are obligated to obey all traffic signals. If the intersection is controlled only by lights, we are free to enter the crosswalk upon the green light. However, if the traffic control also has a red hand, that control supersedes the green light. If the red hand is up, the pedestrian may not enter the intersection even if the light in her direction is green.

By keeping our eyes open, and obeying the traffic laws, tragic accidents like these San Francisco pedestrian accidents can be avoided. If you have been injured as a pedestrian by a hit and run driver such as Ms. Lau, your automobile insurance uninsured motorist coverage will provide help. By filing an uninsured motorist claim you may recover for your medical bills, lost earnings, and compensation for your pain and suffering. If you have been injured by a hit and run driver you should be aware of your legal rights and your rights under your uninsured motorist insurance coverage.

Resource:

San Francisco Chronicle, Cars hit 2 S.F. pedestrians - 1 dies, 1 hurt, September 3, 2010

A San Francisco man was found unconscious at the intersection of 19th St and Folsom in San Francisco today. He later died. The coroner's office determined that the injuries were most likely caused by a hit and run driver.

The number of pedestrian accidents annually is staggering. A recent report showed over 68,000 were struck by cars in one year. Of these pedestrian accidents, 4,641 pedestrians died. Most frequently these accidents occur between 8 pm and midnight (37% of all pedestrian vehicle accidents occurred during this time). Alcohol was a factor in almost half of the accidents. Interestingly, in those case where alcohol was involved 37% of the time, it was the pedestrian who had been drinking.

Speed was the critical factor that affected the severity of the pedestrian's injuries. If the speed of the vehicle was 40 mph or higher, the pedestrian had a 85% chance of death. If the speed of the car was between 30 and 40 mph, the chance of death was reduced to 45%. If the speed was 20 mph or less, the risk of death was less than 10%.

A high percentage of these pedestrian accidents involve hit and run drivers like the San Francisco accident described above. Victims of hit and run accidents are entitled to make claims against their own auto insurance companies. These claims are known as uninsured motorist claims. As an Oakland personal injury attorney, I have seen too many unfortunate cases where victims of hit and run drivers were not properly insured. To adequately protect yourself against the risk of being struck by a hit and run driver, make sure your automobile policy has appropriately high levels of uninsured motorist coverage.

Resources:

San Francisco Chronicle, August 2, 2010, Fatal hit and run in the Mission

Safety Transportation.org, Pedestrians

National Highway Traffic Safety Administration, 2004, Traffic Safety Facts