catastrophic injury attorney

Dangerous Sidewalks: Reduce Pedestrian Accidents by Reporting Them!

Posted on by Shaana A. Rahman

Pedestrian Accident Lawyer Dangerous Sidewalks

San Francisco was founded in 1776 and El Paso de Robles first established a post office in 1867, so both of the cities we operate offices in have a history to them and that brings with it old streets and often neglected, dangerous sidewalks (even neglected, dangerous roadways) in areas.  In fact, looking for examples of images to use as broken sidewalks through the Internet made us realize how much easier it would be to go outside and snap a few photos to get better examples.  In San Francisco, VisionZero is bringing attention to the “3 Es” of pedestrian safety: engineering, enforcement, and education.  Engineering will of course take time and we must all keep that in mind, but education and enforcement are things we can all take part of each and every day to reduce pedestrian accidents.

We are all pedestrians each and every day, even if we only walk to and from our cars.  Some people also ride bicycles or walk longer distances for health or to commute via public transportation.  So taking notice of a dangerous sidewalk or roadway and reporting it can begin a process to prevent a future accident for anyone, even yourself if it’s on a route you travel frequently.  Talking with a pedestrian accident lawyer is nearly always after an injury has occurred.

 

In Paso Robles, there is an online Action Request Form to use for any road-related repair request.  The City asks this be used from everything from pot-hole fills to sidewalk repairs: http://www.prcity.com/government/departments/publicworks/action-general.asp

 

In San Francisco there is a mobile SF311 app to use for reporting road-related repairs as well as an online form for potholes and street/road defects.  San Francisco uses separate forms for each item.  In San Francisco, there is also a lot of information about getting your adjacent property sidewalk repaired here: http://sfpublicworks.org/sirp.

 

However, not all sidewalks belong to the City or County government.  As pedestrian accident lawyers, we often must look at all addresses surrounding an accident or injury.  California Streets and Highway Code section 5610 clearly states that a property owner specifically has a duty to maintain any sidewalk that fronts his or her property in a safe manner.  Many cities have also adopted municipal ordinances consistent with California Streets and Highway Code section 5610, placing the burden of repair of sidewalks on the property owner. (E.g., Berk. Mun. Ord. § 16.04.010; San Luis Obispo Municipal Code § 12.16.020; Gonzales v. City of San Jose (2004) 125 Cal.App.4th 1127, 1137 [local ordinance expressly made landowners liable to members of public injured from unsafe conditions on abutting sidewalks].)  In these situations, reporting the dangerous sidewalk is still the thoughtful thing to do.  We have seen instances where the public entity has sent multiple notices to the property owner.  There are also zoning and coding departments that you may call or write to if you know the address of the property owner and wish to escalate the matter to ensure notices are sent.

 

If you are beginning to review the sidewalks you encounter on a daily basis in your mind, think about the difference in elevation between the defects, breaks, or cracks.  When reviewing cases as pedestrian accident attorneys, we’ve seen cases where differences of less than one inch have been considered “trivial” by the judge.  Knowing that both San Francisco and Paso Robles are both kept very busy with road maintenance and repairs, you may find reporting defects in the sidewalk of less than a one-inch rise in elevation get placed at the bottom of the repair list.  Your repair request may also be in a less-walked area and therefore a lower priority.  In San Francisco, the Sidewalk Inspection and Repair Program (SIRP) inspects and repairs sidewalks throughout the City on a 25 year cycle prioritizing by a number of factors including pedestrian usage.  Small defects can still be dangerous if unmarked and cause additional concerns for disabled pedestrians which we will address later, but if you look at the 12” defects in the sidewalks in Los Angeles, you’ll understand why some repairs might be first or last on the list.

 

Education and enforcement are two steps on the path to better pedestrian safety and the goal of eliminating traffic deaths within 10 years.  Remember you play a big part in this!

 

 

 

 

Catastrophic Pedestrian Accident on Market Street Secures Improvements in San Francisco

Posted on by Shaana A. Rahman

Last month marked the one-year anniversary of Thu Phan’s tragic death.  She was killed while crossing Market Street at 7th in her wheelchair.  A ban on left turns onto Market Street had already been implemented to help mitigate the dangers of the intersection with an exemption covering City vehicles under certain duties.

The family became active in fighting for safety improvements after their catastrophic loss.  Thu Phan’s sister reached out to Human Streets, Walk San Francisco, and San Francisco Bay Area Families for Safe Streets.  Walk San Francisco reports that since the catastrophic pedestrian accident that took Thu Phan’s life, Walk San Francisco and their Vision Zero Coalition have worked to address the conditions that lead to her death.

As a result of these pedestrian advocacy efforts, San Francisco has now implemented:

  • Leading Pedestrian Intervals (LPIs): walk signals to provide people crossing with a head start at six intersections along Market, including 7th;
  • More visible turn restriction signage at Market & 7th;
  • A City Administrator’s policy memo, which explicitly states that City drivers are not exempt from turn restrictions (a key factor in Thu Phan’s death);
  • A new, required driver training and education program for all City staff that specifically highlights how to drive safely around seniors and people with disabilities.

This last safety improvement deserves an extra comment.  Seniors are five times more at risk of a serious/fatal injury as pedestrians than younger adults according to information gathered by Walk San Francisco.

Here are a few more statistics that may make you realize the importance of a pedestrian accident lawyer, or a catastrophic injury attorney for when a loved one is fatally or catastrophically injured by a vehicle:

  • In 2015, 5,376 people were killed in pedestrian/motor vehicle crashes – nearly 15 people per day (NHTSA)
  • California is the state with the highest number of pedestrian fatalities (NHTSA)
  • 60% of all San Francisco’s traffic deaths are people walking – 4X the national average (Walk SF)

If you or a loved one is hit by a vehicle, know your rights and speak with a pedestrian accident lawyer in San Francisco or Paso Robles.  At Rahman Law PC, we offer personalized attention to every client in a supportive and respectful way.  We have offices in San Francisco and Paso Robles, California.

Are These Premises Safe? Tips for Renters from a Premises Liability Attorney

Posted on by Shaana A. Rahman

premises liability attorneyIn December, we saw a terrible tragedy close to my San Francisco Office – the Oakland Warehouse Fire.  In fact it is being marked as the deadliest building fire in California since 1906 which happened during the San Francisco Earthquake.  36 lives were lost in Oakland during the fire and on Saturday, March 4th the Alameda County Coroner’s Bureau confirmed all of 36 deaths as caused by smoke inhalation.  It is catastrophic.

The Oakland warehouse was not permitted to be residential yet had been converted partially into living units and people were living there when the fire happened.  The SFGate has more information on the warehouse and its conversion if you’re interested in reading about it.  If you are a renter injured on a rental property, the law of premises liability outlines the rules and responsibilities that apply to landlords.  If you are a renter, let’s look at what you need to know.

  1. In general, a California landowner must use reasonable care in maintaining their property in order to prevent an unreasonable risk of harm. (Rowland v. Christian (1968) 69 CaI.2d 108; Civ. Code § 1714.).
  2. A negligence analysis must be used to evaluate liability – as explained by the Supreme Court in Rowland: “The proper test applied to the liability of the possessor of land [according to section 1714 of the Civil Code] is whether in the management of his property, he has acted as a reasonable man in view of the probability of injury to others.”
  3. Pursuant to Evidence Code § 669(a), a landlord’s failure to exercise due care will be presumed if the landlord violated a statute, ordinance, or regulation of a public entity.
  4. A condition gives rise to the level of “dangerous” if it will expose a user of the premises to an unreasonable risk of harm.
  5. A landlord is afforded a reasonable time to remedy a reported condition.
  6. In the instance of an employee’s negligence, a landlord assumes responsibility for the acts of employees committed within the course and scope of employment.
  7. A landlord has a duty to warn of hidden and concealed dangers before they are met though there is less case of duty to warn if the danger is obvious.
  8. Landlords do not have a duty to insure the safety of their property to others but rather to simply use ordinary care in keeping the premises reasonably safe and to give warnings of latent or concealed perils. (Brown v. San Francisco Ball Club, Inc. (1950) 99 Cal.App.2d 484,486.)

premises liability attorney
Both photos by Jim Heaphy. Cullen328

The above is only a fraction of what a renter needs to know about premises liability law and the scope of the landlord’s duty, but it’s also quite a lot of information to take in all at once.  In general, what the above simplifies into is the reasonableness of what can be expected of a landlord. As a renter you should understand that landlords and owners of other types of buildings are held to standards that are set out in statutes, ordinances, and regulations put in place by public entities of your region to keep you safe – building owners are not exempt from responsibility no matter how big or small.  So if you rent the granny-unit behind the home of your landlord, they still have a duty of care to you.  But “dangerous” is not something you get to define yourself, nor do you get to demand something be repaired yesterday on your first phone call to report it.  It is important to note that once a tenant takes possession of the property, the landlord’s knowledge of a defect and the ability to reenter the premises are facts used to evaluate whether or not the landlord used reasonable care to maintain the premises.

Now there are lots of dangers to a tenant that are “dangerous” by the above definition.  Without being an expert on city ordinances, you can probably easily think of five things off the top of your head that would qualify as causing an unreasonable risk of harm around a home. If you or someone you love has been physically injured in a rental property, at someone else’s home, or at a commercial building, take that first step and talk to a premises liability attorney, who knows the law.

When the Worst Happens on Your Bike: Catastrophic Injury

Posted on by Shaana A. Rahman

collision-catastrophic

Prevention

We all like to talk about it: how to avoid the most common collisions on your bicycle, adding bicycle lanes, lights on bikes for visibility, law and regulation advocacy to prevent injuries… but all of these conversations come in the wake of something we don’t like to talk about – the catastrophic injury.  We know which collisions on a bicycle are the most common because cyclists end up in the hospital for them, and that lights save lives because people on bicycles are killed every year when the driver says they “didn’t see them.”  And so, we change the laws and regulations based on statistics of injuries and fatalities.  This is a cold, sad truth.  What if it happens to you?

Catastrophic Injury

Catastrophic injury covers a spectrum of the unthinkable: wrongful death, dismemberment, paralysis, severe brain damage, spinal cord injury, and the like.  These injuries are life changing and life ending.  This is why no one likes to talk about them.  So rather than go into those details, I’d like to talk to you about what to do if this happens in your life (to you or a loved one).

  1. Time Limits. Legal cases have time limits known as statutes of limitations.  They are different for their type of case.  It prevents someone from suing over a slip-and-fall that happened 80 years ago which would seem unreasonable.  So it is incredibly important that you start having conversations with a catastrophic injury attorney early to determine your time limits.
  2. Debt. The medical bills alone can be life changing for families.  This is actually another reason why talking to a catastrophic injury attorney early is valuable.  We can help you put a hold on those bills so that you are not being asked to pay them right now.  The payee will wait until the settlement of your case to be paid and if you’ve seen the tens-of-thousands of dollars in medical bills generated by an automobile’s collision with a bicyclist, you’ll understand what a relief that can be.  Insurance only covers so much, from either party.
  3. The Future. A catastrophic injury isn’t about replacing a damaged bicycle and fixing a dented fender.  Future lost wages, future increased medical costs, ongoing rehabilitation, loss of enjoyment of life, permanent disability coverage, and mental anguish are just a few of the considerations for the future for your and/or your family in the event of a life changing injury or wrongful death scenario. An experienced catastrophic injury attorney can help you plan, estimate, and navigate these considerations.

We’re here to help!  The experienced attorneys at Rahman Law PC are riders, too.  We understand rider safety and believe an ounce of prevention is absolutely worth a pound of cure.  However, when the unthinkable happens, we’re ready for that, too.

If you’d like more information on preventing some of the more common bicycle collisions, the following five examples from Velosurance can help you avoid the most common collisions when riding your bicycle on the road.  We are proud to be a trusted partner in their network of legal and bicycle repair shops (obviously, we’re the legal aid).

Download here: how-to-avoid-most-common-accidents-when-riding-on-the-road-handout

how-to-avoid-most-common-accidents-when-riding-on-the-road

Drivers Who Kill Pedestrians Rarely Face Consequences

Posted on by Rahman Law PC

Accidents happen. It is an unfortunate truth. But accidents that happen as a result of a person carelessly wielding a dangerous weapon are punishable by law. People who are charged and convicted in accidental shooting deaths face severe consequences and often serve jail time. Yet, in the Bay Area, drivers who are charged in accidental pedestrian deaths often walk away without any consequences. Cars can be as dangerous as guns, oftentimes more so. 3,000 pounds of metal traveling 25-60 miles an hour is a undoubtedly deadly weapon. The broken bodies of the people struck by vehicles can attest to that. Unfortunately, the Bay Area has one of the highest pedestrian casualty rates in the entire nation. In the last 10 years pedestrians have accounted for more than 25% of the traffic-related fatalities in the Bay Area. Only the notorious New York and Los Angeles areas outpace us in pedestrian fatalities. Of these 434 pedestrian fatalities, 1/3 were in crosswalks when they were killed. That’s nearly 144 people killed while crossing in a safe zone, nearly three times the national average.

Adding insult to injury (or death), 60% of the 238 motorists found to be at fault or suspected of a crime in the death of a pedestrian faced no criminal charges. When drivers did face criminal charges, punishment was often light. Even more confounding, licenses were rarely suspended. Of those few people who were charged with a crime, less than 60% had their driving privileges suspended or revoked for even one day. 40% of those convicted faced no more than a day in jail. “If there isn’t a penalty, the message is that it’s all right to run people over and kill them,” said Elizabeth Stampe, executive director and the sole paid employee of nonprofit advocacy group Walk San Francisco on whose Board of Directors Shaana Rahman sits. “There’s a joke from New York that maybe isn’t very funny: If you want to kill someone and get away with it, use a car – and that’s true here as well.”

The disturbing truth of the matter is that by law each and every one of the 238 motorists found to be at fault are guilty. They have indeed committed a crime and should be prosecuted as such. However, D.A.s often refuse to bring charges because they feel that they could never get a jury to convict. As such, reckless drivers are rarely brought to justice and pedestrians continue to die in avoidable accidents at unbelievably high rates. To drive is to take the lives of others into your hands. The safety of the pedestrians around you becomes your responsibility. When that responsibility is blatantly ignored and someone is killed or seriously injured as a result, the law requires justice and action, not a blind-eye and shrug of regret as nothing is done and that family is left to grieve with neither.

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.

Source:

http://cironline.org/reports/bay-area-drivers-who-kill-pedestrians-rarely-face-punishment-analysis-finds-4420

Fatalities in San Francisco bring Pedestrian Safety Back into Spotlight

Posted on by Rahman Law PC

Less than 5 months into 2013 and already 5 pedestrians have been killed by motorists on San Francisco’s city streets. If this tragic trend continues at this rate through the end of the year, than more people will be killed this year than last year. This is a frustrating statistic for many pedestrian advocates who have been waiting for the comprehensive pedestrian reform Mayor Gavin Newsom called for in 2010. The proposed reform would reduce pedestrian injuries and fatalities by 25 percent by 2016 and 50 percent by 2021.

Many people, including Elizabeth Stampe of Walk SF, blame the Mayor’s Office for its lack of leadership on the issue. However, Jason Henderson, an urban planning professor at San Francisco State University, says that the Board of Supervisors also shares in the blame. In general, the stifling bureaucracy at City Hall stalls any actual safety improvements.

The tragic deaths over the last four months may be the catalyst for actual change. Or they could become just another yearly statistic, a tragic commentary on the lack of progress in pedestrian safety in the City.

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.

Source:

http://www.sfexaminer.com/local/2013/03/spate-fatalities-again-raises-concerns-about-pedestrian-safety-san-francisco#ixzz2Q0O6Ftqn

Widow Expected to Receive $900,000 in Muni Wrongful Death Suit

Posted on by Rahman Law PC
In 2009, a N-Judah operator failed to stop for journalist Bill Brand as he walked in a crosswalk. Now, Mr. Brand’s widow is “poised to receive one of the largest settlements Muni has issued in the past two years.”Along with operator error, the operator believed that Mr. Brand was going to yield to an oncoming car so he continued into the crosswalk colliding with Mr. Brand, the lawsuit stated that the company created dangerous conditions when it did not properly maintain the tracks, signals and signage near that intersection.

If the $900,000 settlement is approved, then “the amount the agency has paid out in accident-related incidents in the past two years would rise to $17 million.”

Source:

http://www.sfexaminer.com/local/transportation/2013/03/widow-popular-bay-area-reporter-poised-receive-900000-2009-fatal-muni-a#ixzz2OHvN9gVW

Unidentified Man Killed near Potrero by Drunk Driver

Posted on by Shaana A. Rahman

Streetsblog has reported a crash near a vehicle ramp southbound Potrero Avenue to Bayshore Boulevard over Cesar Chavez Street in which a drunk driver killed a pedestrian. The junction of Cesar Chavez and Highway 101 is known as “the hairball” for its dangerous intersections, and the particular danger for pedestrains and cyclists who venture into the mix. “This whole area is incredibly unfriendly and unsafe for walking right now, and local workers and residents have been asking for new crosswalks and other improvements,” said Elizabeth Stampe, executive director of Walk SF. It is no suprise that the victim was reportedly in the road and not in a crosswalk, since, according to Streetsblog the “nearest crosswalks on that stretch of Potrero, at Cesar Chavez and 25th Street, are roughly 1,056 feet apart”.

The driver, a 25 year old San Francisco native, was arrested for driving under the influence and felony vehicular manslaughter in the death of the unidentified man.

 

 

Photo Credit:

http://sf.streetsblog.org/2010/02/19/hairball-study-coughs-up-ideas-memories/

Sources:

http://sf.streetsblog.org/2012/09/24/dui-driver-arrested-for-killing-man-on-potrero-avenue-near-highway-101/