San Francisco Bicycle/Car Collision Hit And Run Fatalities: Who Is Responsible?

SF Bicycle Fatality in Golden Gate Park.jpg

Tamika from the Lower Haight asks, “Who is responsible when a bicyclist is killed by a car in a hit and run?”

Tamika, I assume your question is triggered by the shocking and senseless deaths last Wednesday in San Francisco of Heather Miller and Katherine Slattery. Both cyclists were observing and obeying the traffic laws when they were struck and killed. I offer my condolences to their families and friends.

Two different forms of liability exist for the offending drivers: criminal and civil. Criminal charges can result in a sentence of prison time while a civil case can lead to a monetary judgment imposed against the defendant.

Ikea Recalls Items Over Tip-Over Tragedies

Ikea announced a voluntary recall of 29 million chests and drawers, after three children died in the past two years because of dresser tip-over accidents. The recall affects MALM dressers and chests of drawers with three or more drawers, as well as a number of other Ikea models.

What Is Full Insurance Coverage?

car damage.jpg

This week’s question comes from Alex in San Bruno: “I want to buy a new car. What does ‘full insurance coverage’ mean?

Alex, thank you for your question. Buying automobile insurance unfortunately can be a time-consuming and confusing process. Minor traffic collisions are a financial drain and hassle. Major auto collisions can be financially and physically devastating. It’s vital that all drivers be fully insured. I am glad to help you understand what this means.

Chris Dolan Again Named A Top California Plaintiffs’ Attorney

CBD at Oakland Courthouse.jpg

In its second annual supplement devoted to California’s top plaintiff lawyers, the Daily Journal has selected Chris Dolan as one of the state’s “attorneys making a difference far beyond the lives of their clients.” Last year, the Daily Journal also honored Chris in its inaugural review of the plaintiffs attorneys using “their legal skills to forge real and lasting change.”

What Is The Law in California For Breastfeeding At Work?

Breastfeeding mom 2.jpg

Melanie B. who writes: “I recently returned to work from a four-month maternity leave. I am still breastfeeding my daughter and need to pump at work. I only need to pump once while at work and do so during my lunch break. When I asked my employer for a clean place to pump, they told me I have to pump in the bathroom.

So I’ve been pumping in my car during my lunch break every day, because pumping in the bathroom stall is not sanitary. Since I returned to work, I’ve been requesting to work overtime shifts and have been declined. Last week, I requested an overtime shift and was denied again. When I went to HR to ask why I was being denied, they told me they could not let me work overtime because of my ‘special needs.’

Everyone in my job category is allowed to place bids on overtime shifts and to work overtime. Before I went on my maternity leave, I regularly worked overtime shifts. My family relies on my income and on the overtime shifts I used to work in order to survive. We are really struggling to make ends meet now that my employer is not allowing me to take overtime shifts anymore.

Are they allowed to do this? It just doesn’t seem fair to deny me overtime shifts just because I need to pump.”

City of Stockton Pays Disabled African American Man $307,000 To Settle Police Abuse Case Following Dog Attack

James Smith injuries.jpg

Chris Dolan, lead trial counsel and founder of the Dolan Law Firm, PC, announced today that the City of Stockton has paid $307,500 to settle a federal abuse of force case against the Stockton Police Department.

The federal civil rights lawsuit brought on behalf of James Smith, a mentally disabled, African American, man, alleged that multiple bites inflicted by a Police K9 as Mr. Smith was handcuffed, were an abusive excessive use of force. At the time of the canine attack on November 21, 2014, Smith, then 18 years old, with an IQ of a child, lay face down and in handcuffs. Video of the attack showed that officers stood aside as the dog repeatedly bit Mr. Smith for more than a minute.

Dual Employer Remedy Rule Deprives Workers Of Full Compensation For Their Injuries

Injured Worker.jpg

This week’s question comes from Ronald F. in Hercules, who writes: “I work for a security firm and have been a security guard for a number of years at a local mall. Recently, while making my rounds, I slipped and fell on a clear substance, badly injuring my back and hip. I presented my claim to my company, the security firm, which was accepted under its workers’ compensation policy. After learning that the spill was caused by a mall employee who worked at the information counter, I presented a claim to the mall. The mall is telling me I can’t bring a claim because I have workers’ compensation. But that is through my employer, and I do not work for the mall. What is going on?”

Ronald, you appear to be caught in the trap that is the workers’ compensation remedy rule. California’s workers’ compensation laws generally provide that workers’ compensation is the exclusive remedy against an employer for an employee’s injury or death that arises during the course and scope of employment.

West’s Annotated California Codes

Vehicle Code

Division 11. Rules of the Road

Chapter 5. Pedestrians’ Rights and Duties

§ 21949. Legislative findings and declarations; pedestrian travel and access

(a) The Legislature hereby finds and declares that it is the policy of the State of California that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to the residents of the state.

(b) In accordance with the policy declared under subdivision (a), it is the intent of the Legislature that all levels of government in the state, particularly the Department of Transportation, work to provide convenient and safe passage for pedestrians on and across all streets and highways, increase levels of walking and pedestrian travel, and reduce pedestrian fatalities and injuries.

Motorcycle Crash: Answers to Common Questions

san francisco bay area best motorcycle accident attorneys

This week’s question comes from Rob in Foster City, who writes: “I was in SoMa last weekend, and got in a motorcycle crash. Coming home late at night on my motorcycle, when a van in the left lane beside me swerved into my lane nearly hitting me. I jammed on my brakes and hit the back of the van. The driver said he had no insurance. The van he was driving belonged to the company he worked for. I broke my wrist, and my bike is a wreck. What can I do?”

June

West’s Annotated California Codes

§ 21949. Legislative findings and declarations; pedestrian travel and access