E-Bike Speed and Dangers for Minors

ebike by bridge image

At Rahman Law, we want to support the use of bicycles and advocate fiercely for pedestrian and cyclist safety. Better regulations are a part of that safety. e-Bikes are new and therefore lack a solid foundation of safety regulations just yet. Unfortunately, this places minors at risk for fatal injuries due to reaching speeds that shouldn’t be accessible to them on an e-bike because while laws differ widely in different states, counties, and cities regarding e-bikes, what doesn’t differ is the universal law that speed kills.

When we look at automotive collisions with pedestrians and cyclists, we know that the risk of serious injury to a pedestrian doubles between 16 MPH and 23 MPH. Similarly, a pedestrian in a collision with a vehicle has a 10% chance of being fatally injured at 20 MPH but a 40% chance at 30 MPH. Even worse, the risk jumps to 80% at 40 MPH. With an e-bike, the rate of increase in severity of injuries is thought to follow a similar rate of increase, though studies are still in progress.

e-Bikes that may be used by minors under the age of 16 typically have a requirement not to go above 20 MPH and manufacturers largely comply with that. These are considered Class 1 and Class 2 e-bikes.  But teenagers are smart. Some e-bikes only put a speed regulation on the motor, so as soon as you pedal with the motor, you can go faster. Other e-bikes have a governor, but cutting a cable might disable it easily. There are also apps out there to help navigate around the speed limitations put on by a manufacturer. Apps are easy to use.

Many cities are creating educational campaigns to help teach parents about the risks of e-bikes for minors and of going too fast on an e-bike in general. We don’t let minors under the age of 16 drive cars capable of going at high speeds for good reason. Allowing minors to go 20+ MPH on an e-bike (which can be categorized as a ‘motor vehicle’ depending on motor size and laws in your area) poses huge risks to the rider and the public. Law enforcement may be at a disadvantage in enforcing speed laws for e-bikes when it can be hard to determine the age of a cyclist, so this is something parents must be aware of before another e-bike fatality happens to a minor.

If you have a teenager who rides an e-bike (or even rents one periodically), be sure they understand the need for safety. The includes wearing a helmet, riding at safe speeds, and staying off of the sidewalks.

If you want to do more for your community to advocate for e-bike safety, subscribe to a non-profit doing work to bring about better regulations for e-bike safety for minors and all riders, like PeopleForBikes. Part of the battle we face in advocating for e-bike safety is that bikes are regulated by the Consumer Product Safety Commission, but motor vehicles are regulated by the NHTSA and e-bikes fall into a gray area where they might be one or the other. The oversight of e-bikes is currently under review by both of these agencies which makes now a great time to make your voice heard. E-Bikes offer more people the opportunity to ride who may not be physically capable of riding a traditional pedal-powered bike, but safety for the rider and the community around them needs to come first.


Shaana Rahman Recognized as Northern California Super Lawyer for 16th Year

FOR IMMEDIATE RELEASE

SAN FRANCISCO, Calif., June 30, 2024 —

Rahman Law PC announces the sixteenth year of the law firm’s principal and founder, Shaana A. Rahman, being selected as a Top Rated Personal Injury Attorney in San Francisco, California on the Northern California Super Lawyers List.   Ms. Rahman has litigated hundreds of legal cases from inception to resolution as lead trial counsel as a personal injury attorney. Her track record includes achieving numerous seven-figure settlements for her clients.  

The Super Lawyer list contains only 5% of attorneys within each region and is distinguished by rigorous criteria such as professional achievements, independent research, peer-recognition, and peer-evaluations.  Ms. Rahman was first selected as a Rising Star in 2009, a distinction reserved for just 2.5% of attorneys, before advancing to Super Lawyer status in 2012, a recognition she has continually maintained since then.

This year, Ms. Rahman was received three distinctions from Expertise.com: Best Personal Injury Lawyers in San Francisco, Best Car Accident Lawyers in San Francisco, and Best Truck Accident Lawyers in San Francisco. Ms. Rahman was recognized as one of the Top 20 Personal Injury Lawyers in San Francisco by Expertise in 2017, 2018 and once again in 2024.  Further accolades include membership in the Multi-Million Dollar Advocates Forum; selection to the National Trial Lawyers’ Top 40 under 40 Attorney; an AV Preeminent® rating (the highest peer rating standard) from Martindale-Hubbell®, the authority in attorney reviews and ratings based on the opinions of members of the bar and the judiciary; and a Superb Avvo Rating based on client reviews of professional integrity.

Outside of representing clients as a personal injury lawyer, Ms. Rahman is a dedicated advocate for bicyclist and pedestrian safety throughout California.  She actively supports non-profit organizations like the San Francisco Bicycle Coalition, Walk San Francisco, and Bike SLO County; contributing through events like Bike to Work Day, Light Up the Night, and Peak2Peak.  She also shares her expertise through publications like Plaintiff Magazine and the blog on her website at rahmanlawsf.com/blog focusing on traffic safety issues affecting cyclists and pedestrians.

Reflecting on her achievements, Ms. Rahman stated: “Each day, when I see the devastating effects of street violence-on my clients, their loved ones and on my community, I recommit to advocating for safer streets and I will not stop until we eliminate all traffic fatalities and severe injuries for cyclists and pedestrians,” said Ms. Rahman. “I am deeply honored by Super Lawyers’ recognition of these efforts and I remain steadfast in my support for local organizations dedicated to keeping roads safe for cyclists and pedestrians.”

Ms. Rahman’s enduring presence in the top 5% of Northern California lawyers for sixteen years stands as a testament to her exceptional contributions to the field of personal injury law throughout California.

About Rahman Law PC

The personal injury lawyers at Rahman Law PC are powerful advocates for people who have been injured through no fault of their own.  What makes Rahman Law PC different from other personal injury law firms is they care about what happens to their clients; they aggressively advocate for their clients’ interests and have a personal relationship with each client, taking the time to listen and figure out solutions that make sense from a legal point of view but also from a human perspective. By providing the highest quality legal services to those who have been injured or have suffered wrongdoing at the hands of other individuals, corporations, or public entities, the personal injury attorneys and trial lawyers at Rahman Law PC have a proven track record of results and have successfully recovered millions of dollars for clients throughout California. Rahman Law PC offers clients attentive service backed with big firm experience, making them ready to take on any opponent.  To learn more about the personal injury lawyers at Rahman Law PC, visit https://www.rahmanlawsf.com or call (415) 956-9245 in San Francisco, (805) 619-3108 in Paso Robles, California.


Is Riding a Bike on the Sidewalk Safe or Even Legal?

In California, someone riding a bicycle may move out of the bicycle lane when “reasonably necessary” to avoid hazardous conditions, even if they are moving slower than traffic (Cal. Veh. Code § 21208).  When vehicle traffic is heavy and few pedestrians are in sight, it might be tempting to ride on the sidewalk to avoid road hazards, but as personal injury attorneys here in California, we want to share a few thoughts about riding a bike on the sidewalk.  Ask yourself if it’s really safe to ride a bike on the sidewalk?  Or, for that matter, if its even legal where you are?

Safety Considerations

Too often, cyclists are hit and killed by vehicles and California is in the top three states for pedestrian and cyclist fatalities due to collisions.  Speed is often a contributing factor, but most fatalities from a collision involving a cyclist occur in urban areas.  The reality is that many cyclists are not seen by drivers until it is too late.  Riding on a sidewalk where the driver of a vehicle isn’t expecting you may mean they are not looking for you.  If a car is backing out of a driveway, they might be looking for coming traffic on the road without looking for a bike coming down the sidewalk.  Trucks coming in and out of alleys making deliveries are also a high-risk factor for a cyclist on a sidewalk as the buildings along the alley may block their view of you on the sidewalk.  Being seen is vital for cyclists.  Nearly 25% of bicyclist fatalities in California happen at intersections. 

Additionally, sidewalks don’t have the same advantages of maneuverability as the roadways.  Even if there’s a bike lane, a cyclist can enter the vehicle travel lane(s) as needed to avoid hazards.  Trees and landscaping, uneven surfaces, benches, mailboxes, and other things take up a lot of real estate on the sidewalk, and can create unexpected obstacles with little room to avoid them.

Pedestrians also don’t anticipate faster moving bicycles or scooters and combined with the limited space a sidewalk provides can lead to devastating collisions with those on foot.  

Legal Considerations

Local governments in California are allowed to make their own regulations when it comes to the use of bikes, skates, and scooters on sidewalks.  For example, in San Francisco, children under the age of 13 may ride a bike on the sidewalk (unless otherwise posted) per the San Francisco Transportation Code, Section 1007.  In San Luis Obispo, California, the Municipal Code Section 10.72.100 restricts all people from riding a bike on the sidewalk.  However, the City of San Luis Obispo has re-opened discussions within the Active Transportation Committee on allowing bikes to ride on the sidewalk, believing ticketing cyclists for riding on the sidewalk to be a deterrent from riding as a way of commuting.  San Luis Obispo has set a goal of raising the share of commuter trips by bike to 20% by the year 2030 and is actively implementing new safety measures and bike lanes for that purpose.  San Francisco is also working diligently to make the streets safer for cyclists.  As a result, it would be best to keep an eye on the regulations and policies in these and other cities in California for the legal implications of riding a bike on the sidewalk.

Children Riding Bikes on the Sidewalk

Many children learn to ride a bike on two wheels in a driveway or residential area with minimal vehicle traffic.  They will also likely have parental/guardian supervision while learning to balance and pedal.  As children become more comfortable riding on their own, they may be hesitant to ride in the street, which is understandable as cars are much bigger and faster than a child on a bike.  In some areas in California, like San Francisco, it may be legal for a child to ride their bike on the sidewalk, but the same safety considerations that we outlined above apply to children, too.  Even in a residential area, there will be cars going in and out of driveways.  Parked cars, trees, and other objects may limit the visibility of the sidewalk to a driver as they navigate a driveway and children can be even harder to see as they are not as tall on a bicycle as an adult.  And keep in mind, most fatal collisions with a bicycle happen between 6:00 and 9:00 PM, which may be when people are returning home from work and children may be out riding in their neighborhood.  Children may also be tempted to use the sidewalk when the commute on a bike going to and from school as they may think the route is safer or more familiar, but they will then face the same challenges as an adult riding a bike on the sidewalk with limited maneuverability, reduced visibility at intersections, and increased hazards. 

Sadly, children under 14 make up 37% of all fatal bicycle collisions each year and one of the hardest things we ever have to do as bicycle accident attorneys is represent the family of a child who lost their life while riding a bike. 

Be sure to talk to your children about the safety considerations of where they ride, even if it is legal in your area for them to use the sidewalk on a bike. 

If you or a loved one has been injured while riding a bike, contact us today for a free consultation. 

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Cyclist Accidents – Personal Injury Lawsuit FAQs

We take our work in the bike community seriously and we are always here to talk to cyclists and answer questions about what to do if you’ve been injured or had your bicycle damaged in a car crash.   Sometimes, we just help cyclists navigate a claim on their own with an insurance company (you can download our free toolkit to help you with your property damage demand to get the insurance company to pay for your bike here), but sometimes having a lawyer in your corner is the best option.  Here are answers to some of the questions we get asked most often.

Is there a statute of limitations on a personal injury lawsuit?

Yes.  Generally, in California, you have two years from the date you were injured to file a lawsuit.  However, there are some types of personal injury cases like those involving public buses (MUNI or SamTrans), trains, or other transit (BART) that have much shorter deadline to file a lawsuit, and require a claim to be filed first within 6 months of an injury, before a lawsuit can be filed.  If you’ve been in a bike crash it can give you piece of mind to call us as soon as you can to get the information that applies to your specific facts. 

Should I get a  police report if I’m hit by a car?

In an ideal world, police officers will automatically prepare a police report in every traffic collision.  Sadly, it is not a perfect world.  If police are sent to the scene of a collision and are told no one was injured, most officers will not do a report.  If the call to 911 says no one was injured, the police will usually not be sent to the scene either. Understandably, cyclists just hit by a vehicle are often in shock and do not understand if they are actually injured.  It’s important to try to take a moment to assess not only if you feel pain but if you just don’t feel right, you should request an ambulance.  If the police won’t do a report, if possible to gather as much information as possible at the scene like names of witnesses, the license plate number of the vehicle that hit you, the name of the driver and insurance information. If you’re able pull out your phone and snap a quick picture of their insurance card and driver’s registration as these two documents will have a lot of the information you need You can also go to the nearest police department and file a counter report.

Can I recover lost wages?

Yes.  If you missed work as a result of your injury, even just the day of the accident, it is possible to recover lost wages.  This is actually quite common in a bicycle accident resulting in an injury.  There may be time spent in a hospital, time recovering at home, or frequent doctor visits that force you to step away from work.  Be sure to keep track of the hours you miss as a result of your injury.

Can I recover medical expenses?

Yes.  If you were injured as a result of a cycling accident, you are entitled to all past and future medical expenses, even if your health insurance company paid for those expenses. Your health insurance provider may cover your medical bills initially, but be sure to keep records of your visits and co-pays If you were injured, the first thing you will want to do is seek medical attention.  It is so important to take care of yourself.  Many people feel confused about if they should or shouldn’t go to the doctor after an accident.  If you’re hurting or are worried about a potential injury like a concussion, seek help.

Can I recover the cost of my bicycle and helmet?  What about a broken phone?

Yes.  If you have been in an accident while riding your bicycle and as a result your helmet, bike or other personal property, like your phone, gets damaged, you are entitled to be reimbursed for these expenses.  If you were not injured but had your property damaged, take a look at our free toolkit on writing a property damage demand letter to the insurance company.  If you get stuck, give us a call. 

Do I need a lawyer if I’m injured?

We get this question a lot.  Here’s our best answer – there are some cases where we feel that having a lawyer just won’t add value to your case—meaning you would do better handling it on your own.  There are other cases where we believe we can really help you.  But more importantly we will have a long conversation with you and discuss what is right for you. We never look at whether a case is “big enough” or “small enough”, we take each person who calls us as a unique situation and try to find a solution that makes sense.

How much does a personal injury lawsuit consultation cost?

Our personal injury lawsuit consultations are free.  You can contact us here to get started or call us at either our San Francisco office at (415) 956-9245, or at our Paso Robles office at (805) 619-3108.

What if I got hurt because of road conditions and not a collision with a car?

We handle many cases that involve dangerous roads poorly maintained or designed by cities, counties or the State.  These cases are very complex and because of that, it’s important to contact us as soon as possible so that evidence can be preserved.

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Bike Month Activities for the Whole Family! 

National Bike Month is here and we want to celebrate!  A lot of what we post relates to rules of the road, laws and ordinances, and safety, but today we’re going to talk about all the fun ways to celebrate National Bike Month with bike activities that can be enjoyed by the whole family. 

Plan a Ride with a Local Group

Ever city has cyclist riding groups, sometimes you just have to look for them.  And most of them offer rides for varying degrees of skill.  Some groups post their rides on the website and app Meetup (https://www.meetup.com) where you can find others to ride with for free.  In San Francisco, there is the San Francisco Cycling Club (http://www.sfcyclingclub.org) and the San Francisco Bicycle Coalition (https://sfbike.org) that frequently post scheduled rides.  You can also talk to the Coalition as they may know other groups with organized rides.  In Paso Robles, there is a list of groups that ride at Cycle Central Coast (https://www.cyclecentralcoast.com/resources) including a group that goes out every Sunday from Templeton and they frequently have beginner rides.  You can also talk to Bike SLO County (https://bikeslocounty.org) to find other organized rides and events. 

Tune Up Your Bike

A lot of riders are “fair weather riders” and there is absolutely nothing wrong with that.  If you put your bike away for the winter, and even if you don’t, the spring is a great time to get a tune up on your bike.  You can tune it up yourself if you’ve got experience, or take it into a local bike shop for some help.  In San Francisco and San Luis Obispo, there is the Bike Kitchen (http://bikekitchen.org and https://bikeslocounty.org/programs/kitchen) available on select nights where you can bring your bike in and tune it up alongside other cyclists.  This can be a great bike activity to make new friends and riding buddies. 

Introduce Your Kids to Riding with Others

Many kids have a bike and ride around on their own street but don’t go much further.  This month is a great time to introduce your kids to an organized ride.  Talk to other parents and plan to have adults front, middle, and back of a few kids riding together in a quiet area.  There are bike trails to keep them away from traffic completely, or you can make this a time to learn the rules of the road by finding a route with minimal traffic and wide bike lanes to give them room.  Remember to ride single-file and obey traffic ordinances like red lights and stop signs.  Both the San Francisco Bicycle Coalition and Bike SLO County organize riding events for kids, so be sure to check their calendars and see if there is an event you’d like to bring your kids to: https://sfbike.org and https://bikeslocounty.org.

Set Up an Obstacle Course

This bike activity can be fun for the whole family or you can arrange it for adults with a few modifications to the difficulty levels.  Break out some sidewalk chalk on a street or set up cones (sometimes you can find small cones at the $5 and under stores or at sporting-goods stores).  You can make it exciting with a few water balloons on the ground you have to ride over to pop or use a pool noodle to create a limbo pole.  You can set up tight curves or even really thin lines to make a sort of on-the-ground balance beam to help work on precision riding. 

Ride to Geocache Locations

Have you ever gone Geocaching?  It can be a lot of fun and even a little bit addictive.  There are even Geocaches in hard-to-reach places like bike trails that normal Geocachers can’t get to, which makes this an excellent activity for cyclists.  What is it, you ask?  It’s a game where you use GPS coordinates (and your phone) to guide you to hidden compartments that contain a log book for you to sign and sometimes an object for you to trade with.  Always bring a pen with you to sign the log book as some compartments are too tiny to hold a pen.  For objects to trade, think small: a friendship bracelet, charm, keychain, or small plastic toy can all be Geocache treasures to trade for what you find in the compartment, if it has something for you to trade with.  Learn more here: https://www.geocaching.com/play.

Ride to Rewards

If Geocaching isn’t your idea of a treasure hunt, think of something worth riding for, like ice cream or a fancy doughnut.  Call up some friends or grab your family and ride to a local boutique with your favorite treat.  Afterall, it’s National Bike Month and that’s something worth celebrating with ice cream! 

Make it a Game

If you’ve got a group of kids, there are lots of great bike activity games out there you can play.  You can play music and all riders must freeze when it stops, or cycle in a line and play copy-cat with the leader of the line.  There are 20 games outlined in this PDF we found: https://www.cyklistforbundet.dk/media/mksfflaz/cykellege_bog_engelsk_4.pdf

Whatever you do, have fun!  We like to think ever month is bike month, but really, May is our National Bike Month and it’s time to get your bike prepped and go out there are ride! 

What is Negligence in Cycling Injury Cases?

If you can believe it, one of our team members was behind a car getting on the freeway when one of the rear tires flew off of the car, narrowly missing another vehicle and causing a lot of mayhem on the onramp.  Someone failed to put the tire back on the vehicle with proper care.  This is negligence.  And negligence is often a point of dispute in cycling injury cases. 

What is Negligence?

Negligence is a term you may have not heard before if you haven’t been involved in a legal dispute.  In California, negligence is defined as “the failure to use reasonable care to prevent harm to oneself or to others.  A person can be negligent by acting or by failing to act,” (CACI No. 401).  This means when someone fails to take proper or reasonable care in doing something or doesn’t take steps or precautions necessary to proceed safely, and this failure to act or negligent act injures someone, the injured party can recover monetary damages from the negligent party.

What’s Considered Reasonable Care?

The argument for what’s “reasonable” as a step or procedure is often debated.  “A person is negligent if that person does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation” (CACI No. 401).  A “reasonable person” is also sometimes referred to a prudent or rational person.  Often violating a California law, such as laws applying to drivers and cyclists found in the Vehicle Code is determined to be negligence.

What is Negligence in Cycling Injury Cases?

When cyclists are struck by cars, the most common types of a driver’s negligent behavior include distracted driving, like texting while driving, driving too fast for the surrounding conditions, and failing to obey traffic signs and signals. 

A company, like bicycle manufacturer or bicycle repair shop, can also be found negligent if their product or repair is unsafe. We handle a lot of cycling injury cases as personal injury lawyers, but we also represent cyclists in product liability cases.  If you were cycling and a weld suddenly broke loose on your bicycle causing an accident, the question would arise if there was any negligence on the part of the manufacturer or repair shop. 

Insurance Companies Fight Liability to Avoid Paying Compensation

Remember that in all legal cases, gathering the evidence to establish another party’s negligence and liability can be a complicated process.  Insurance companies fight very hard to try and show the injured person was negligent, not their driver.  Things may not always be black and white, which is why it is so important to hire a cycling injury lawyer as soon as possible.  We’re here to help fight for your rights and we bring years of experience in handling cycling injury cases, plus… we ride, too!  We know what it’s like to cyclists out there.  If you have been injured or had property damage to your bicycle, give us a call; consultations are free.  You may also contact us online here.

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What you Need to Know About California Assembly Bill from a Bicycle Accident Lawyer’s Perspective

California Assembly Bill Number 122 was introduced in December of 2020 but has undergone some amendments in March and May of 2021, as is typical in the lifecycle of an Assembly Bill.  Here’s what you need to know about Assembly Bill 122 to limit bicycle accidents from a bicycle accident lawyer’s perspective. 

First, it’s important to know that more than a dozen bicycle advocacy organizations support the Bill across the state of California, including MCBC (Marin County Bicycle Coalition, an organization focused on bicycle safety which we support).  Also, other states already have similar vehicle codes in place, including Washington, Oregon, Idaho, Colorado, Arkansas, and Delaware, which means AB 122 is not a new concept. 

What does AB 122 Change?

If passed, California Assembly Bill Number 122 would change the vehicle code in California to allow bicyclists to treat Stop signs as they would a Yield sign.  This increases bicycle rider safety and decreases bicycle accidents, which has been demonstrated in studies in Idaho (who was first to create the stop-as-yield law) and Delaware.  In 2008, an investigation was conducted locally by the San Francisco Bay Area Metropolitan Transportation Commission, which has added to the data on this subject.  In 2009, a study of Idaho conducted by J. Meggs at UC Berkeley showed a decrease of 14.5% in bicyclist injuries after the passage of the new law. 

As bicycle accident lawyers, we support new systems which reduce the rate of bicyclist injuries. 

What does AB 122 Not Change?

California Assembly Bill Number 122 is not a free license to blow through stop signs all the time or every time.  Bicyclists will still obey red traffic lights and treat them as a full stop.  Bicyclists will also still give the right-of-way to pedestrians who always have the right of way.  And bicyclists will continue to stop at stop signs when there is traffic with the right-of-way.

Intersections are Dangerous for Cyclists

While according to the NHTSA, most bicyclist fatalities occur away from intersections in 45- and 55-mph zones, most bicyclist injuries occur in 25-mph zones where intersections and stop signs are most prevalent.  Bicycle accidents do often happen at intersections and the UC Berkley study calls intersections the “most dangerous zone” for bicyclists.  Reducing injury rates by 14.5 % would be a great step in the right direction. 

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How to Recover Property Damage for a Bicycle after a Collision

No collision is a good one, but thankfully in many instances there is only property damage to your bicycle without any physical harm to you, the rider, and we’re always thankful to hear someone wasn’t hurt.  However, this still leaves a nagging issue – how to recover property damage for a bicycle after a collision.  We’re here to help!

The first thing to know is that you’ll want to gather as much information at the scene as possible; including the name, phone number, and insurance company of the driver.  You’ll be filing a claim with the insurance company, which can be a slow and frustrating process, but we have some tips for you to help make it a less stressful process.  In fact, we have an entire property damage demand toolkit available for free download here if you need it.

Tip #1 – Don’t throw anything away or get it repaired

An important component of dealing with an insurance company is evidence.  The insurance company may want to take a look at your damaged bicycle, helmet, and/or accessories.

Tip #2 – Take pictures of everything

If you can, take pictures at the scene of the collision, then take more pictures of your damaged bicycle and other items (if any) to show the damages in detail. 

Tip #3 – Gather receipts

If you can find your original receipt for your bicycle, that’s great! You can also find listings online of your bicycle model for sale to show how much it would cost to replace everything.  And when we say ‘everything’ we mean the frame, the tires, the rims, and all of your upgrades, if any, to the bicycle that were damaged in the collision.  Make a list of everything on your bicycle that was damaged (including anything you were wearing like your helmet or riding shirt) and write down how much it would cost to replace and include the source of that price.

Tip #4 – Get repair estimates

Some damages might be repairable rather than needing to be replaced.  If that’s the case, get a repair estimate from a cycling shop you trust.  You may want to get a repair estimate even if the repairs would cost more than the price of the bike because showing that to the insurance company may prompt them to replace the bike rather than insist on repairing it. 

Tip 5 – Compile everything into a demand for payment letter

Our property damage demand toolkit includes an editable demand letter that you can use as your template or starting point.  It’s free to download and many cyclists have found it to be helpful at this step when trying to recover property damage for a bicycle.  You’ll most likely open a claim with the insurance company over the phone first and then send this letter with your claim number written on it to outline your damages.  From here, the insurance company will likely make you an unreasonable offer (one that might buy a kids’ bike at Walmart) or start using delay tactics.  Stay strong and stick with it. 

Tip 6 – Be ready to negotiate

Remember, it is the job of the insurance adjuster to pay you as little as possible.  Your job is to get a fair settlement or take them to court (it might be a ‘Small Claims’ lawsuit).  If you are struggling with this step, you are welcome to give us a call.  We love talking to cyclists because we ride, too, and we know what it’s like to negotiate with an insurance company!  Consultations are free and sometimes that’s all you’ll need to get the courage to negotiate with the insurance company.  If negotiating isn’t working or you have damages that exceed a ‘small claim,’ we can talk with you about your options, too. 

Download our Property Damage Demand Toolkit here.

San Francisco’s Unacceptable Number of Bicyclist Deaths in 2018

The vision we share with many is that no pedestrian or bicyclist will be fatally injured by a vehicle in San Francisco – ever.  The City of San Francisco is behind Vision Zero with a mandate to bring traffic deaths to zero by 2024.  This year has been looking on track at reducing pedestrian fatalities, but we have reversed our progress for bicyclists and the San Francisco Bicycle Coalition has already said it is unacceptable.  As bicycle accident attorneys, we agree.  On Thursday, September 13th 2018, the fourth bicyclist this year was fatally injured by a vehicle in San Francisco.

To put this number into perspective, since 2009, the two times San Francisco has seen as many bicyclist fatalities were in years with over 30 total traffic fatalities: 2013 and 2015*.  2013 in particular was the year with the most overall traffic fatalities since 2010.  It’s only September and we have already reached this unfortunate target.  Based on traffic collision statistics, it is impossible to say that there won’t be another bicyclist fatality in San Francisco this year.  Data is still being compiled for this year, but last year was a record breaking year with low numbers and this year had been low as well.  Unfortunately, it is turning out to be unacceptably high for bicyclist accidents and fatalities, especially compared to the ratio of overall traffic fatalities for 2018:

san francisco bicycle fatalities 2018

Why Are Bicycle Accidents on The Rise in San Francisco?

The increase in injuries and fatalities is on the rise in the state by some data.  It is harder to be certain when looking at data for 2018 as so much of it is still being aggregated.  The Govenors Highway Safety Association (GHSA) which reviews road safety in all states found that in 2016 and 2017 pedestrians are now the largest proportion of traffic fatalities nationwide than they have been in 33 years.  More people outside of cars are dying; it is on the rise as a nation and as a state.  Year after year California fluctuates at the top of the nation for the state with the highest number of bicyclists and pedestrians killed each year in traffic collisions.  Usually, we’re first in total number of deaths, but sometimes we’re second.  This means what San Francisco is trying to do with Vison Zero goes against the majority of the nation, state, and metro-area statistics.  It will take education, engineering, and enforcement, but as bicycle accident attorneys and advocates for safer streets for pedestrians and cyclists, we believe it is possible.

The most recent incident occurred outside of a Vision Zero high-injury corridor on the 1600 block on Howard Street near South Van Ness and 12th Streets (Hoodline).  The cyclist was on his way to a bicycling rally to advocate for more protected bike lanes (SF Examiner).  Studies have been showing bicyclists feel safer in these protected lanes and they are a part of Vision Zero.   The San Francisco Bicycle Coalition is calling for quick action and asks that San Francisco do a better job to prevent more loss in their press release following this terrible tragedy.

San Francisco Bicycle Coalition calls for quick action

 

What Can You Do To Prevent The Next Traffic Fatality?

  1. Don’t touch your phone! Not for a call, text, or map.  Never drive distracted.  In 2015, 10% of traffic fatalities resulted from distracted driving (NHTSA).  This is easy for you to avoid.
  2. Never drive impaired by alcohol, drugs, or medications. Drivers who were impaired by drugs or alcohol in collisions resulting in a fatality has been dramatically increasing!  In 2015 it was up to 42.6% (NHTSA).  And the worst time for this is during the holidays… which is coming up.
  3. Slow down. To put it simply: speed kills.  Approximately 31% of traffic fatalities are a result of speeding as the main factor (NHTSA).  And experts believe the increase in fatalities is due to more people speeding… Are you really in that big of a hurry?

 

Rahman Law PC is dedicated to making San Francisco’s streets safer for pedestrians and cyclists because we walk and ride these streets, too!  As bicycle accident attorneys we regularly attend events and advocate for pedestrian and bicyclist rights.  Four deaths in one year is a setback in the progress everyone has been working so hard for, but we will not give up.  Even one death is one too many.

*Data from Vision Zero SF.  Some data is still under investigation.

 

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5 Rules Every Parent Should Know Before Letting Your Child Ride Their Bike in San Francisco

San Francisco bicycle accident attorneySchool is back in session and just like you, your child is a commuter.  You may drive your child to school and give them a quick tuck-and-roll drop-off, or they may ride the bus, but some still pedal their way among the throngs of cars, pedestrians, and other cyclists.  Or, you may have children who only cycle at home afterschool and on weekends.  In either case, we wanted to share with you 5 rules every parent should know when letting their child ride their bike in San Francisco.  Children under 14 accounted for 37% of all fatal bicycle accidents in 2015 and San Francisco is still in the top 13 cities in the entire United States for bicycle fatalities with motor vehicle collisions.  It is important for parents to be vigilant.

1: Urban Cycling Ends at 6:00pm

The National Highway Traffic Safety Administration’s National Center for Statistics and Analysis looks hard at fatal bicycle accidents and tries to find patterns.  One that they have found to be consistently true is the spike in bicycle accidents resulting in fatalities between 6:00pm and 9:00pm during any season. If your child has extracurricular activities keeping them out, make sure they are home with their bicycle before 6:00pm.  If they have come home and gone out for a ride, the same rule applies.

2: Ride with Traffic

Ride in the same direction as traffic in the bike lane.  Use the travel lane (the vehicle lane) when needed to avoid obstacles and always signal your actions with your hands to tell the drivers and other cyclists what you are doing.  Children under the age of 13 may ride on the sidewalk in San Francisco (CVC 21560, San Francisco Transportation Code Sec. 7.2.12).

3: Always Wear an Approved Helmet

Cyclists and passengers under the age of 18 must wear an approved helmet.  Parents – set a good example, be safe, and wear one, too!  Also be sure the helmet is properly fitted.  Many children will wear their helmet too far back away from the brow.  In addition to a helmet, adding extra reflective gear is beneficial.  Elastic straps that go around the ankles with hook-and-eye closures can catch headlights and give extra visibility.

4: No Surround Sound

Headphones may not be in/cover both ears (CVC 27400).  Many children like to listen to music while commuting, but they may not have both ears covered while operating a bicycle.  A hands-free device is permitted in one ear, but this may cause further distractions if a child tries to answer a phone call while navigating an urban area.

5: Obey the Lights and Signs

Children who have not yet learned to drive often don’t know to stop or yield in the right locations for signs and crosswalks which can potentially lead to bicycle accidents or collisions.  When on a bike, operators must obey the same rules as a car, which means they must stop at a stop sign and wait their turn.  If your child is commuting on their bicycle, consider riding their route with them a few times to help explain the lights and signs to them.  DMV booklets contain road rules and can be picked up free of charge.

Talk to Your Child to Prevent a Bicycle Accident

These are 5 rules we think every parent should know before letting their child ride their bike in San Francisco.  In California, the law regarding riding on the sidewalk varies from city to city, but the other rules are beneficial for adults who ride and parents with children who ride throughout California.  As bicycle accident attorneys in San Francisco with a second office in Paso Robles, we talk to a lot of parents with concerns after an accident or a close-call who are looking for what they can do to prevent a bicycle accident.  In the urban landscape of San Francisco, children need extra help learning about bicycle safety and constant reminders to ride safe.  We hope these 5 rules will help you talk to your child about bicycle safety.

If you would like more information about the rules in California, you may download our Ride Safe Reference Guide here.  It has these and other rules of the road for bicycle safety in California.  And if you would like to talk to one of our bicycle accident attorneys in San Francisco or Paso Robles, contact us for a free consultation today!

Resources for Parents about Bicycling with Kids:

Kidical Mass

Safe Routes to School

Walk & Roll to School Day

http://www.saferoutesinfo.org/