California Injury Attorney Blog

Earlier this week, a San Francisco Muni bus driver was charged with misdemeanor vehicular manslaughter under California Penal Code section 192(c)(2) for an accident that occurred last August. A criminal charge in a case like this is somewhat unusual. The charge of misdemeanor vehicular manslaughter carries a jail term of up to one year.

What happened last August in a Castro district intersection is tragic. The bus, which was not carrying passengers at the time, was traveling to a new assignment when it made a left turn and struck a female pedestrian who was nearly to the curb. According to a report in SFGate, the driver was relatively new to Muni and was, in the District Attorneys' view, negligent in not seeing the young woman in the street. The deceased pedestrian was new to the city, she had moved here from Atlanta and was working for a local business.

Neither alcohol nor drugs were involved in the tragic accident. Sadly, it is believed that the pedestrian was distracted and did not see or hear the bus. In addition, the bus was not on a normal route, as the bus driver had determined his own route across town to get to his new assignment.

Whether there was a failure of communication between the driver and the central communications personnel as to the best way for him to get to where he needed to be to relieve a congested route, is not clear. This might become more clear as this matter goes forward in the courts.

Only one other pedestrian was killed last year by a Muni vehicle. According to reports, in the previous five years, there were an average of four to five pedestrian deaths involving Muni vehicles. In 2009, there was only one death.

When tragic events occur in our lives, often we need the support of experts who can help traverse legal and medical issues. The San Francisco injury law firm of Hersh & Hersh has helped families coping with serious accidents and wrongful death for four decades. If you have a situation that you would like to talk with us about, please contact our law offices for a free consultation with one of our lawyers about your legal rights.

The San Francisco Bay Area has significant public transportation system assets. WIth such systems as BART and Caltrain, many motorists are able to get to work and play without getting into a car and off our congested roads to use public transportation instead.

As California personal injury lawyers, we have represented injured victims and their families for decades. We want to help you and your family with safety over the busy holiday season. This week we focus on train safety.

Tragically, this past week two people died in different incidents on Caltrain tracks. One death occurred in the mid-morning hours at one of the Palo Alto stations. Another person died in the same station just last week. In this incident, a northbound "baby bullet" train struck the victim at the California Avenue station. Shortly after this incident, a southbound train hit a pedestrian near the Menlo Park station and that individual was also killed. The prior week, another person was struck by a train at the California Avenue station.

According to Caltrain, thus far this year there have been a total of 16 deaths on the train tracks. In 2009, 19 people were killed on Caltrain's tracks and in 1995 the highest pedestrian death toll for the agency reached 20.

We do not know the circumstances surrounding these tragic deaths. The Caltrain website has a great deal of information about how to stay safe around train tracks. Given the holiday season and the fact that there will be instances in which the public takes the train rather than driving ... a good choice if drinking is involved ... we want our readers to review the suggestions for avoiding train track injury or death that are found on the Caltrain website.

The trains are very large and heavy and they take more than one half-mile to stop. Additional trains can be put on the schedule due to ball games and other events which means that you cannot rely on the schedule to determine whether you can safely cross a track. A train could come at any time. Caltrain cautions that pedestrians should use only the public crossings to cross a track which are designated.

The use of cell phones and headphones is so common now that it is necessary to remind ourselves that a text can wait and it is very important to remain very alert around train tracks. If you are near a track, it is very important to look in both ways, like on a street crossing, before crossing the train tracks. Do not cross the tracks in any location other than a public crossing. These are marked.

Trains can be difficult to hear says Caltrain, particularly when they are in the "push" mode going northbound which means the engine is at the back of the train pushing it forward.

The trains reach very high speeds of up to about 79 miles per hour. As noted by Caltrain, at top speed a train covers the "length of a football field in less than three seconds."

As for drivers, anyone living near the Caltrain tracks or driving around them, has likely seen vehicles that sit on the tracks while they wait for a red light. This is very dangerous. Drivers must ensure that they do not travel across the tracks unless there is enough space to do so without ending up stopping on or near the track. Remember the trains need more than just the space of the track to pass. They are wider than the tracks themselves. A train could come along at any time at high speed and your vehicle could be in its path.

If you or a loved one has been injured in an accident of any kind, the San Francisco personal injury lawyers of Hersh & Hersh are available for a free consultation to evaluate your legal rights. Please contact our California injury law firm to talk directly with a lawyer about your case.

As California consumer and injury lawyers, we have seen the tragic consequences of serious accidents of all kinds. Among the most likely to cause catastrophic injury, are those that occur when cars and people or bicyclists collide.

Recently, a Ventura County driver hit and ran after striking and killing a bicyclist -- he was arrested in his driveway. Two other bicyclists were hit but not killed by this driver.

We are all aware that pedestrian accidents and injuries can happen at any time and tragically, can result in serious injury and even death. We sometimes forget how vulnerable we are when simply walking across a street or riding a bicycle on a country lane. But pedestrians and cyclists cannot protect themselves from a driver under the influence who is not obeying the rules of the road.

That is what happened last week in San Francisco when a pedestrian was killed in a hit and run at Masonic Avenue at Turk Boulevard. The 61-year old pedestrian died at the scene and had been crossing at the intersection when a suspected drunk driver struck him while on what ended up as a hit and run rampage.

The driver of the car also hit several cars after striking the pedestrian and finally slammed into planters at the St. Mary's Medical Center on Stanyan Street.
The driver was injured and taken to the hospital. He was also arrested and will likely be charged with vehicular manslaughter.

Tragically, the Masonic and Turk intersection has been the scene of a fatal hit and run. Last year a German tourist was killed at that intersection as he rode a bicycle.
Masonic Avenue is under study for redesigns to make it safer.

The executive director of the pedestrian advocate group Walk San Francisco was quoted as saying that Masonic Avenue is under a redesign process that should lead to safety measures. Sadly the changes have not yet been made and another life has been lost.

Hersh & Hersh can help victims of bicycle and pedestrian accidents. Please contact our offices for a free consultation with one of our lawyers.

Over the past few years San Francisco, California has risen in the rankings in traffic statistics, but not in a good way.

In 2009, based on the average number of miles driven within the city, San Francisco had more vehicular collisions that resulted in death or injury than other California cities with more than 250,000 residents. The city was ranked third in 2008 and fourth in both 2006 and 2007.

A little good news? The city ranks seventh when the calculation is based solely on population.

According to the Office of Traffic Safety, 4.9 million miles were driven in San Francisco in 2009. This includes both residents and non-residents and actually adds up to fewer miles than cities such as San Jose (8.3 million miles) and Sacramento (5.1 million miles).

Unfortunately, San Francisco takes the top spot in those killed or hurt in bicycle, motorcycle or pedestrian accidents based on miles or population. For example, the stats show that in 2009, nearly 4000 people were injured or killed in San Francisco traffic accidents which included nearly 750 pedestrians, nearly 300 motorcyclists and over 500 bicyclists.

Although the reasons for these statistics is not clear, perhaps it is due to the rise in distracted driving or because there are more vehicles coming into the city to work and play. Regardless, it is a statistic that the California Injury Attorney blog hopes will decline in the future.

For more information about how you can be a safer pedestrian or bicyclist, click here.

The San Francisco, California law firm of Hersh & Hersh represents victims of car, pedestrian and bicycle accidents that cause death or injury. If you, or a loved one, has been injured in a traffic accident, we will evaluate your case at no charge and you will speak directly with a lawyer in our office. We are highly respected personal injury lawyers with a reputation for excellence and compassion in our representation for victims and their families.