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San Francisco Personal Injury Law Blog

Three killed in wrong-way crash on California interstate

Imagine driving down Interstate 280, it is nighttime and the traffic is relatively light so you are actually able to make your way freely down the interstate. Suddenly, directly in front of you another car appears in front of you heading straight for you. You are about to be involved in a high speed, head on collision.

This tragic scenario played itself out recently on a California highway. The fatal car accident took the lives of three individuals. The crash not only took the life of the wrong-way driver, but also of the driver and passenger the other vehicle that was simply in the wrong place at the wrong time.

Bicyclist critically hurt after struck by PG&E van

Bicyclists are vulnerable to the more powerful, well-protected, heavy vehicles that surround them on roadways. Car and truck drivers sometimes ignore or forget to watch for bicycles because the two-wheeled vehicles are slower and harder to see. Despite a bicycle's diminutive size, bicyclists have roadway rights under the law just as the drivers of any other road-authorized vehicles do.

Police in the South of Market neighborhood are trying to determine whether the driver of a Pacific Gas and Electric Co. van was the cause fault for a recent, mid-week bicycle accident. The injury crash occurred around 10:30 a.m., as the electric company vehicle was making a left turn from South Van Ness Avenue onto 13th Street.

Highway fatalities drop almost everywhere else

In the most recent preliminary report of the number of fatalities resulting from car accidents 48 states reported a decrease or no change in relation to the prior year. California was one of the two states that reported an increase in highway deaths in 2011 compared to 2010.

Across the country fatalities due to car accidents has been falling steadily for years. In 2005 the number of deaths was 43,510. For 2011 it is projected to have been only 32,310. Final confirmed number will not be available until later in the year, but as the 2011 number is a nearly a two percent decrease from just the prior year, it appears that 2011 will be a record low.

Injury crash involves tourist driving the wrong way

Negligence in a car accident can be measured by the intentions of driver responsible. While a few crashes are truly accidental, others could have been prevented, if the driver had considered the consequences of his behavior.

A driver who has had too much to drink and chooses to gets behind the wheel usually has no intention of hurting someone. However, that is no excuse for careless and dangerous behavior under the law.

Man arrested for DUI in fatal drunk driving accident

Two cars were traveling at a slow rate of speed through construction on the Pomona Freeway when they were involved in a drunk driving accident. A 23-year-old driving a 2001 Ford had slowed down to 15 mph. Another person in a 2001 Chevrolet was in front of him, traveling about 5 mph. They were driving slowly because the area was under construction. The carpool and far left lanes were both closed because of the construction. It is unknown as to whether construction workers were on the scene.

A 32-year-old man driving a 2012 BMW slammed into the back of the Ford at 2 o'clock in the morning. The man driving the Ford was pronounced dead at the scene of the accident. The Ford ran into the Chevrolet and the Chevrolet then hit a Toyota to its left. The man in the BMW was allegedly speeding down the center lane. According to media sources, he was traveling too fast and could not slow in time to avoid hitting the vehicles in front of him. The man was arrested for driving under the influence.

Learn your legal negligence terms: Res ipsa loquitur

In some fatal accidents, the exact nature of the underlying negligence is not clear. But it is clear that this particular type of accident is not likely to occur unless there was indeed negligence of some variety. For instance, imagine that you are walking past a warehouse and suddenly a barrel comes crashing out of a second story window and hits you on the head. You may not know the exact sequence of events that caused the barrel to fly out the window, but we can all agree that an accident like that is not likely to happen unless someone in the warehouse acted negligently.

A real life example that may fit into this category occurred recently in San Francisco. A young researcher was working in laboratory studying Bacterial Meningitis. One night the man began to feel ill, by the next morning he had a rash and felt even more nausea than he had the previous night. He asked his friends to drive him to the hospital but before they arrived he became unresponsive and had no pulse by the time he arrived.

Distracted driving in California

Every time a driver picks up their cellular phone while they are driving, their attention is diverted from the road. Whether they are dialing a call or sending a text message their eyes are not on the road and their mind is not fully engaged in driving. Even when talking on a hands free device, it creates another demand on their attention and they are not able to fully focus on the road. Distracted driving puts everyone on San Francisco highways at risk.

While the problem of distracted driving knows no age boundaries, teenage drivers are often the most susceptible to causing an accident while distracted. Not only are they less experienced they are also more likely to take the risk of trying to send a text message while behind the wheel. The California Highway Patrol has recently initiated a new program called, Smart Start, aimed at curbing traffic accidents caused by teenagers.

Woman injured in fatal accident agrees to settlement

In 2009, a California woman was traveling on a highway with the 92-year-old woman for whom she was caring. Suddenly, another driver turned in front of her. The fatal car accident severely injured the Gilroy woman and killed the 92-year-old woman. The Gilroy woman had several broken bones and ended up in a wheelchair. She is currently using a walker to get around. She also suffered from a massive brain injury, and now requires constant care around the clock.

She sued the other driver who pulled in front of her, the county and the state. The woman who allegedly caused the accident has since died of unrelated causes. The woman's estate, the county and the state settled the lawsuit for a combined $4.55 million.

Two boys injured in car accident after car hits stroller

Earlier this month, two boys were hit on the highway while they were pushing one of the boy's car out of the road.

According to media sources, the California Highway Patrol said the 17-year-old was driving northbound in the fast lane on the highway when he hit a stroller, causing a car accident. When he hit it, his car stopped. He got out to push his Pontiac Bonneville off the highway to avoid further collisions. Another 17-year-old teen and other motorists stopped to help the teen driving the Pontiac.

Are bicyclists a risk to public safety in San Francisco?

You have no doubt heard about the tragic bicycle accident in San Francisco last month in which a pedestrian was struck and killed by a person on a bicycle whom some suspect of having run a red light and failed to take proper safety precautions to avoid the pedestrian in the crosswalk. Since the accident, there has been a growing public debate about whether bicyclists in San Francisco needlessly put themselves and others at risk.

Of course, the vast majority of bicyclists do not present any undue threat and ride their bikes responsibly. In fact, as more people use their bicycles to get to and from work or run daily errands it can significantly reduce the number of cars on the road, reducing traffic congestion and making the on-road experience better for everyone. But just as with motorists, a few individuals who ride negligently or recklessly can cast a shadow on the entire cycling population.

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