bicycle safety

Congress at the Wheel?

Posted on by Shaana A. Rahman

If you are anything like me, then the multitude of recent articles about the Transportation Bill currently making its way through Congress seem to illustrate one thing: Democrats and Republicans may never be able to agree on anything ever again. However, once you dredge through the partisan bickering and look at what the various versions of the bill propose, there are certain sections that will directly affect Bay Area Transportation.

Background of the Bill:

  • The current transportation bill was set to expire on March 31st, 2012. If this deadline had passed, then funding for transportation programs and workers would stop.
  • However, on March 29th, Congress passed a 3-month extension of the current bill (the latest of many), to give themselves more time to reach an agreement.
  • This extension expires June 30th, 2012.
  • These types of bills are designed to address funding through their deadline. Extensions are not taken into account when funding it allocated. In the case of the current extensions, the Highway Trust Fund has paid the price.  Another extension could bankrupt it and even the passage of the bill does not guarantee its solvency.
  •  There are two separate versions of the bill. The version proposed by the Senate and the changes proposed by the House.
  • Currently,  a committee is trying to reconcile the two bills so that a single bill can be put before the houses for a vote. This process is illustrated by the Transportation for America diagram below.

Now:

  • Yesterday 6/13/12- Committee Chairmen, John L. Mica, released a statement about the committee’s progress. It was not encouraging. He stated, “I remain hopeful that we can reach a bicameral compromise with the Senate. However, I am disappointed in the fact that Senate negotiators have yet to move significantly on key House reform proposals.”

The Issues: 

  •  The Bill proposed by the Senate is for a budget of $109 Billion, so job creation is a major concern.
  • The Keystone XL Pipeline and the coal ash amendment (controversial issues for another time)
  • The Cardin-Cochran Agreement 

The Cardin-Cochran Agreement:

  •  The current transportation agreement has 3 programs dedicated to pedestrians and cyclists: Transportation Enhancements, Safe Routes to School, and Recreational Trail.
  • In the proposed Senate Bill these programs are combined under the Additional Activities section.
  • The ambiguous wording of the Additional Activities section creates the potential for funds to be used in ways detrimental to walking and biking. So, Senators Ben Cardin, a democrat, and Thad Cochran, a Republican, offered a bipartisan amendment to ensure that cities and counties have an opportunity to use Additional Activities funds for biking and walking projects, if they choose to do so. This became the Cardin-Cochran Agreement. To illustrate how the amendment works, I have found another fun diagram: 

  • The idea is that local communities are in the best position to utilize federal funds to make streets safer and more accessible for walking and biking.
  • The problem is that in the committee hearings to reconcile the House and Senate Bills, the House has proposed  a counteroffer which would allow states to “opt out” of Additional Activities funding completely, thus eliminating the Cardin-Cochran agreement and effectively eliminating local access to federal funds.

Negotiations are geared to continue right up until the June 30th deadline. Now, hopefully, we can decipher the daily articles on Congress’s progress and understand how their inability to reach an agreement affects us….

Sources: Congress Extends Current Transportation Bill, Boxer and Inhofe…Try to Avoid 10th Extension, Boxer Changes Her  Tone, Adopts a Fighting Stance, House of Representatives Aims to Eliminate Local Funds for Biking and Walking, House GOP Threatens to Wipe Out Local Control over Bike/Ped Funding

Shaana Rahman Featured in the American Association for Justice’s Trial Magazine

Posted on by Shaana A. Rahman
For their February 2012 edition entitled “Moving Violations”, the AAJ’s Trial Magazine chose to address motor vehicle and bike accidents and their place in the law. As such, I’m pleased to say that our very own Shaana Rahman was featured in Trial Magazine with her highly informative essay on what attorneys representing bicyclists should expect, and what they should be doing to protect your rights.



Used Motorcycle Review’s “Most Common Causes for Motorcycle Accidents”

Posted on by Shaana A. Rahman

Last Thursday’s Used Motorcycle Review’s blog posttouched upon the 4 Most Common Causes of Motorcycle Accidents. These are the difficulties faced by motorcycle riders that might be helpful to keep in mind while riding safely.

1. Driver Negligence/Blind Spot
Many drivers have difficulty spotting or noticing motorcyclists on the road
“Approximately 70% of collisions are the result of the negligence of drivers.”

2. Poor Road Conditions
Many collisions occur “due to the presence of curbs, debris, potholes, bumps or even roadside barriers” when a rider tries to avoid an accident. These are the accidents that have caused severe lower body and spinal damage, and sometimes even brain damage.

3. Speed Disparities
Accidents don’t always occur because of speeding, but can also occur as a result of going too slowly, compared to traffic flow around the rider. These accidents manifest as rear-ending or being rear-ended.

4. Other Factors
– Climbing skill of the driver
– Drunk driving
– Undivided roads
– Aggressive driving/recklessness
– Old bikes or old bike parts

—

Shaana Rahman and S.F. StreetsBlog on Criminal Charges for Drivers Who Kill Pedestrians

Posted on by Shaana A. Rahman

In Tuesday’s StreetsBlog Post, “Will DA Gascón Reform the Double Standard for Drivers Who Kill?“, our very own Shaana Rahman was interviewed for her thoughts and experience on the matter of charging drivers and bicyclists who kill pedestrians as criminal offenders:

Shaana Rahman, a lawyer who represents victims of traffic crashes in civil court, explained that injuring or killing a pedestrian due to negligence has traditionally been categorized as a civil offense rather than a criminal offense, which requires “intent to harm.”
 
“What I have seen in my practice is unless there’s an issue where a driver or cyclist is under the influence of drugs or alcohol or driving recklessly and willfully, such as drag racing or something of that nature, by and large there are no criminal charges filed against folks who injure other people in those situations,” she said. Regarding the criminal charges against Ang, she added, “In this situation, with this particular bicyclist where you don’t have those aggravating circumstances, it seemed unusual to me.”
This recent decision to charge bicyclist Randolph Ang for the death of pedestrian Dionette Cherney has been met with both support and criticism. Support for breaking from the established tradition of DA inaction against pedestrian deaths by drivers and criticism for beginning this tide change with this year’s one bicyclist-caused death betwixt 12 driver-caused deaths.
But the most important question to consider is the one raised by Streetsblog: “Is Gascón getting serious about driver recklessness and negligence?” As quoted in the article, Ms. Rahman believes this could indicate “a fundamental shift in the punishment aspect of drivers who, in all other circumstances, would be seen as negligent drivers.”

“Criminal charges are important to deter certain behavior,” she said, and with so many cases of negligent drivers who kill or injure other people, “he’s going to have his hands full.”

If you ever need a pedestrian accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

Shaana Rahman & KGO Radio on Embarcadero Collision

Posted on by Shaana A. Rahman

For those who missed it, Shaana Rahman spoke to KGO this past Tuesday afternoon regarding the District Attorney’s decision on Monday to charge Randolph Ang, the cyclist involved in the fatal collision with pedestrian Dionette Cherney, with misdemeanor vehicular manslaughter. The collision occurred on July 15th, 2011 on Embarcadero and Mission and resulted in Ms. Cherney’s death after the 68-year-old tourist received “blunt force injuries to the head” from being knocked to the pavement. On Monday, Assistant D.A. Omid Talai announced that Mr. Ang would be arraigned on November 23rd to carry out his one-year sentence in county jail.*

Reactions to Mr. Ang’s sentence have ranged from cries of too little to too much. Fast forward to 43:52 to hear Ms. Rahman’s speak on this tragic accident. What are your thoughts?
Audio Clip Courtesy of KGO Radio

Berkeley Police Work to Improve Motorcycle Safety

Posted on by Shaana A. Rahman

A couple of weeks ago, officers of the Berkeley Police Department were stationed throughout the city on streets with the highest rate of motorcycle accidents.

This operation came out of the growing issue of motorcycle fatalities in California. A CBS San Francisco article said that data has shown the causes of these accidents to be mostly:
  • Speeding
  • Unsafe turning
  • Driving under the influence
  • Inexperienced riding
If these are the causes of accidents, it would seem that police vigilance is not going to be the cure-all to our problem. Instead, the best way to decrease dangerous riding might be to improve the manner in which all motorists are driving out on the road. For motorcyclists, rider training is readily available to refresh your memory of the rules of the road. Such training is offered through the California Motorcyclist Safety Program, which can be contacted by visiting www.CA-msp.org.
The police may be able to catch and charge unsafe drivers and motorcyclists, but they can only address half the issue at hand with tickets and fines. It’s the motorists that will need to take on the challenge of safely sharing the road.

Sharing the Road Means Sharing the Air

Posted on by Shaana A. Rahman

A recent study done by Canadian scientists from Health Canada, Environment Canada, and University of Ottawa warns cyclists of the health risks they take when riding in the streets.

Now, they’re not just talking about the everyday fear of being struck by a car, but specifically, the study shows that car pollution and tailpipe exhaust can cause heart problems in cyclists who share the road–and subsequently, the air.
In this study, the scientists attached heart monitors to 42 healthy, nonsmoking cyclists to measure their heart rates before, during, and after their cycling. They also attached air pollution-detecting instruments to their bicycles and assigned some to congested and others to uncongested roads.
It was discovered that those who traversed the more congested roads had a lower heart rate variability after their ride. Heart rate variability, as described in the SF Chronicle article about this study, is a way to indicate how efficiently the heart can respond to stresses like exercising. The heart of a person with a lower heart rate variability has a harder time responding than the heart of a person with a higher heart rate variability.
What is it about congested roads that make the air so toxic? According to the SF Chronicle again, the fine particles of pollution that escape through tailpipes are “small enough to lodge deep in the lungs. Tiny particles can also cross the blood-brain barrier, potentially harming the nervous system.” And the cars that are known to emit the most of these toxic particles are diesel buses and trucks.
So now that you are properly worried for your health, keep in mind some simple advice from these scientists: (1) Keep farther away from tailpipes, as the the small particles clump together the further they get away from the car, making them too large to lodge deeply in your lungs; (2) Avoid streets with heavy traffic.
While this advice might seem trivial, it is the common sense of it all that will keep you safe.


Plaintiff Magazine: Bike Law 101 by Shaana Rahman

Posted on by Shaana A. Rahman

As those of you who follow us on Facebook may know, our very own Shaana Rahman recently wrote an article for Plaintiff Magazine in which she outlines 4 key tips to bike law and to representing cyclists.

As explained in the article, the attention directed on cyclist-motorist collisions–and the laws concerning them–is a direct result of the rise in urban cycling.
While I highly recommend reading the article itself, here is a brief summary of the 4 tips Ms. Rahman offers:
  1. Remember that the California Vehicle Code applies to cyclists: “It is important to ascertain whether or not your cyclist was in a riding position that comports with the Vehicle Code.“
  2. Get to know what type of cyclist your client is: “The best client will be someone who is an experienced rider, riding a bicycle that has all the requisite safety equipment, meeting the requirements of Vehicle Code sections 21201 and 21201.5 and who is wearing bright, reflective clothing (including a helmet) to maximize their visibility.“
  3. Evaluate differently each of the 5 most common car-versus-bike collisions: “1) A vehicle making a right turn across the cyclist’s lane of travel; 2) A vehicle executing a left turn at an uncontrolled (or non-dedicated left turn) intersection; 3) Dooring; 4) The failure of the cyclist or motorist to stop at a red light or stop sign, and 5) A vehicle or cyclist passing on the right.”
  4. Identify the other causes of the collision, including defective roadway collisions: “If you can identify a dangerous roadway condition, you will need to pursue a claim against any public entity that owned, possessed or maintained the roadway. If the public entity retained a private contractor to perform the road work which gave rise to the defect, the contractor will also be a defendant.”

If you are a regular reader of our blog or Facebook, or even if you have just been in the city streets, you are probably more than aware of how important bike law and safety is becoming. These tips, particularly the 4th, are critically important to follow when defending your client, not only to aid the individual, but to prevent future accidents from occurring by improving the condition in which our cyclists are riding.

Make it your mission to protect and speak up for these cyclists if you want to see some real change to our city.

Folding Bikes on Muni

Posted on by Shaana A. Rahman

Muni has recently decided to allow folding bikes aboard all buses and streetcars, excluding the historic cable cars.

Bike advocates including Bert Hill, chairman of the SF Bicycle Advisory Committee, have been lobbying for all bikes to be allowed onto Muni buses. Nevertheless, Hill and others see this as a step in the right direction. Spokesman Paul Rose of the MTA believes this policy will promote the city’s transit-first policy which, according to the Chronicle, “aims to get people out of their cars to cut down on air pollution and traffic congestion.”
However, Rose also warns that officials need to keep an eye on how this change will affect commuters. Because while Hill and other bike advocates have responded positively to this announcement, many comments on this article–by mostly non-biking commuters–are not nearly as welcoming. The topics of criticisms range from demanding bikers pay extra to complaining that bikes will overcrowd already overcrowded buses. Such comments included:
JuniperoSerra: Bad idea! Who wants to get dirt from their tires or grease from the bike’s chain on their clothes when these folks take their folding bikes onto a crowed [sic] bus or streetcar.
ender_of_sf: Things are bad enough on our too often overcrowded busses [sic] as it is, espeically [sic] during commute hours. Why do bike riders think the public transit should haul their vehicals [sic] around at no extra charge when they don’t feel like riding them.
sfnative650: So now some guy rides his bike up to the bus and everybody has to wait for him to fold up his bike? And then they get to trip over it trying to get in or out the bus? Looks like lawsuits here…Aren’t bikes to be ridden and not ride on a bus? How about the bus tow a trailer behind it so you can store your car and ride the bus?
qframer: I’m a folding bike rider. I love them. I am a member of bicycle advocacy groups, and I want transit options for bikes.
But this is INSANITY. There is no way I can fit comfortably in any Muni vehicle with my folding bike unless it is nearly empty. I can’t believe both Muni and Bicycle Coalition people put this much effort into something that will only build resentment toward cyclists.
What are your thoughts?

Speed Limit for Bikers on the Golden Gate Bridge

Posted on by Shaana A. Rahman
The Plan
In the past couple of weeks, there has been a lot of talk about how officials with the Golden Gate Bridge District are planning on imposing a biking speed limit of 10 mph on the regular path and to 5 mph near the towers. Highway patrol will be using radar guns to monitor passing cyclists’ speed. Violators will be fined $100.
GGB spokeswoman Mary Currie told the Chronicle that this plan is to prevent bike and pedestrian accidents that are, according to GGB officials, commonplace on the bridge. A study showed that in the past ten years, there has been a total of 164 accidents, 39% of which involved excessive speeding. The solo bike crash happened 5 times more often than collisions between bikes and pedestrians.
The GGB’s Board of Directors will vote on the approval of this new project on May 13th. If it’s approved, the limit would most likely be in effect by the end of the summer.
Cyclists’ Criticisms
So far, the response has been generally negative. Hunter Ziesing of local cycling group ZTeam calls the plan a “smart” idea, but thinks the fine is too high and the speed too slow.
However, most others are not so agreeable. In contrast to the safety concerns raised by the GGB officials, many cyclists are arguing that this speed limit is unwarranted and unnecessary. In another article by the Chronicle, recreational cyclist P.J. Gallagher, who often bikes the Golden Gate, calls this plan “a joke” because “it’s a solution for a problem that doesn’t exist.”
Other cyclists have raised the complaint that it will be difficult for them to know what speed they’re travelling because most bikes are not equipped with speedometers. According to the study, the current average speed of cyclists on the bridge is 13-17 mph.
And even more have complained about the singling out of bicyclists when tourists are “the real problem” because, according to daily-commuter Lew Ketcher, “There are people coming right at you with a camera in one hand, looking out at the water. There are people stopping right in the middle of the path to take a picture.”
It’s too bad that, with money as the concern, tourists and unnecessary fines are the city’s best friends.

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.