What Should I Do If I am Involved in an Accident?

Written By Christopher B. Dolan and Allison Stone

This week’s question comes from Remi P. from the Bay Area: During my commute to work I sometimes see people involved in car accidents. I hope it’s never me, but how should I prepare myself if I’m ever involved in a car accident?

Thank you for your question and reaching out, Remi. Being involved in an accident can be scary, stressful, and overwhelming. It is important to do your best to stay calm and remember the following tips:

Make sure you are safe:

The priority is always your safety. Only exit your vehicle if is it is safe to do so. If you are in the middle of a lane or intersection, turn on your hazard lights to alert other drivers to slow down.

Call the police:

Regardless of whether it is a major or minor accident, report it and have the accident documented and a report created.

The police will come to the scene to help make sure the parties exchange information and will make an official report. Even if you think the accident is minor, reporting the accident to the police ensures a record is created, which often provides key evidence in a personal injury claim.

Keep in mind that in some areas and instances, officers may not respond to a minor collision. In the situation where an officer does come to the scene, usually the officer will provide you with an information card which contains what you will need to obtain the report. But regardless, always make sure to get the officer’s name, badge number and contact information including what department s/he works for (police department, sheriff’s department, etc.), and if there is a report number.

Obtain contact information from all drivers:

Get all identifying information, including names, addresses, telephone numbers, email addresses, driver’s license numbers and insurance information for any driver involved in the collision. If the collision involves multiple vehicles, obtain all the above information from each driver.

In addition, get all the vehicle information including the year, make and model, color, license plate number and vehicle identification number (VIN) for each vehicle involved. Get the driver’s insurance company’s name, the insurance policy number and the insurance company’s phone number.

Ask for physical copies of the driver’s registration and VIN number to ensure accuracy. You can simply take photos of the documents with your phone to make the process of collecting this information easier. If the driver’s name does not match up with the vehicle’s registration or insurance, ask the driver what their relationship is to the vehicle’s owner.

Obtain contact information for all passengers and witnesses:

Be sure to get all identifying information, including names, addresses, phone numbers and email addresses of any witnesses, as well as other passengers in any vehicles involved in the collision. These individuals will often have important information that you are not aware of. See if any witnesses will provide you with details about what they saw and heard before they leave the scene.

Take photos to document the scene:

Use your cell phone camera to take pictures and video of the scene. This includes taking multiple photos of your vehicle, the other vehicle(s), the scene, any traffic lights or street signs, visual obstacles, skid marks, broken glass, and other items on the roadway. Do your best to photograph everything from multiple angles. Get photos that show the position of the vehicles relative to each other and relative to the street/freeway. This is necessary so a person who was not at the scene can look at the photos and understand what occurred, and how the vehicles came to their point of rest, and re-create the collision if need be. Also, photograph any visible physical injuries such as bruising, cuts, abrasions, bleeding, etc.

Avoid discussing fault:

Regardless of how the accident happened, you should refrain from apologizing or admitting fault for the collision. The insurance company and/or lawyers will collect multiple statements and documents before they come to a determination of fault. Do not to argue with the other driver. Simply limit communication to exchanging information.

Seek medical attention if needed:

If you were badly injured, call 911 immediately. If someone is taking you to the emergency room before police or paramedics arrive, leave your contact information with someone at the scene.

When the paramedics arrive, let them examine you.

Remember, due to shock and adrenaline, you may not realize you have been injured. It is human nature to say, “I’m ok” or “I’m fine,” but your injuries may not reveal symptoms immediately and injuries can take several days to present themselves. To avoid having your words used against you later, you can say, “I’m shaken up, I do not know if I am injured and will be seeking medical care and treatment if necessary” or something to that effect.

If you do not go straight to the emergency room from the scene, see your own doctor as soon as possible because you may have injuries that become apparent later.

Your health is paramount. Sometimes injuries from accidents can last a lifetime. Your health and medical care should be your priority regardless of who is at fault in an accident.

Document medical and accident-related details:

Keep track of your medical appointments (doctors’ names, their specialty, and visit dates) and medications. Also keep a record of days missed days from work.

Report the Accident to the California Department of Motor Vehicles:

California law requires traffic accident on a California street/highway or private property be reported to the Department of Motor Vehicles using the SR-1 Traffic Accident Report form within 10 days if there was an injury, death, or property damage more than $1,000.

If you were in an accident, do not hesitate to contact us for a free consultation at dolanlawfirm.com

Written By Christopher B. Dolan, Steven Balogh and Nancy Villatoro

This week’s question comes from Fred in Oakland: Every year, it seems laws get changed or updated. Can you share some laws that your firm may be looking out for in 2022?

Thanks for your question, Fred. During the first of the year the California legislature and Governor enact numerous bills that affect the courts or are of interest to the judicial branch. This year is no exception and the same thing happened in 2022. This is not a complete summary of all the laws, but here are some laws that we believe are worth mentioning as they relate to personal injury and employment law:

AB 855 Judicial Holidays

Native American Day (4th Friday in September: 9/23/22) replaces Columbus Day.

SB 241 More Efficient Courts

Remote appearances are extended until 2023. The general rule that other case deadlines are also extended for the same length of time as a continuance or postponement now also applies to arbitration. Courts are required to hear minor’s compromise petitions within 30 days of filing and, if the petition is uncontested, to issue a decision upon the hearing’s conclusion.

SB 447 Pain & Suffering in Survival Actions

Updates CCP 377.34 puts a deceased person’s non-economic damages back on the table for their survivors. Applies to all causes filed starting this year through to the end of 2026. Learn more here.

SB 331 Silenced No More Act

The prohibition on NDAs in settlement agreements has been expanded from just those involving sexual harassment, assault, and discrimination to cover settlement agreements for all forms of harassment or discrimination. SB 331 also expands the prohibition on overly broad confidentiality and non-disparagement clauses to include workers who have to sign one as part of a severance agreement. This only applies to agreements made after 1/1/22.

SB 93 Rehiring and Retention

Employers are required to essentially give laid-off workers right of first refusal for their old jobs. Requires an employer to keep records of these offers for three years.

AB 1033 Expanding the California Family Rights Act

Employers with at least 5 employees must provide employees up to 12 weeks of job-protected leave from work, on an annual basis, to care for a parent-in-law with a serious medical condition.

AB 849 Undoing Jarman v. HCR Manorcare (2020) 10 Cal.5th 375

Caps violations of regulatory resident rights (at skilled nursing and intermediate care facilities) at $500 per violation. The new caps apply to violations occurring after March 1, 2021.

AB 654 Covid-19 Exposure Employer Notification Requirement

Employers must provide local public health agencies with notice within 48 hours or a business day, whichever is later, upon learning of a potential exposure event. The Employer is also required to notify the employees, customers, and anyone else on site who may have been exposed. Only applies through to the end of 2022.

AB 701 Warehouse Workers Quota and pace-of-work standards Disclosures

Requires disclosure of quotas and workers cannot be fired or retaliated against for falling to meet an unsafe quota. The bill focuses on the relationship between quotas and incidence of workplace injury.

SB 762 Arbitration Invoice Payment Requirements

Amends Code of Civil Procedure §§ 1281.97 and 1281.98 to change the default rule to all arbitrator invoices are due upon receipt, unless the parties’ arbitration agreement sets a number of days. Extensions for invoice payments must be agreed upon by all parties to the arbitration.

SB 974

Minors on horses on highways must wear approved helmets.

SB 286 Delivery App Tips

Tips for delivery cannot be retained by the apps but go to the delivery driver. Tips for pickup still go to the restaurant.

SB 389 Alcohol to go

Restaurants can sell alcohol to go through to the end of 2026.

AB 177 Judicial Evaluation of Remote Proceedings

The judicial counsel is to collect data on how many and how well remote proceedings are doing and present this information to the Legislature and governor by January 2023. This law also requires the Judicial Council to come up with guidelines on how to administer remote proceedings in the same timeframe.

For more information on CA Bills take a look at the links below:

January 2022

By the Dolan Law Firm DE&I Committee

The Dolan Law Firm recognizes International Holocaust Remembrance Day on January 27, 2022. The United Nations General Assembly designated January 27—the anniversary of the liberation of Auschwitz-Birkenau, on this date in 1945 —as International Holocaust Remembrance Day. The Holocaust was the state-sponsored persecution and murder of European Jews by Nazi Germany and its collaborators between 1933 and 1945.

Today, we pause to remember victims and survivors of the Holocaust, which resulted in the murder of one-third of the Jewish people, along with countless members of other minority groups.

Learn More: https://www.ushmm.org/

Written By Christopher B. Dolan and Emile Davis

This week’s question comes from Cindy W. from Oakland: I am immune compromised and have a number of related health conditions that make me much more susceptible to serious and life-threatening symptoms if I contract COVID-19. Even the less severe strains could send me to the hospital and threaten me. I have a good job and want to keep it, but I am concerned that I will be exposed. Is there anything I can do to make sure I can continue working, but that I remain safe? – Cindy W.

Thank you for your question, Cindy.

Fortunately, there are protections that may be available to you and the many others who are immunocompromised, or otherwise highly susceptible to severe reactions to COVID-19.

For individuals with a disability, an employer has an obligation to provide reasonable accommodations that would allow that person to perform the essential functions of the position. These protections come Federally pursuant to the ADA (Americans with Disabilities Act) and in California from the FEHA (Fair Employment and Housing Act). There are some differences in the laws, but the ADA acts as a floor, or minimum protections, and where the FEHA has more protection available, that will control.

For an employer to be required to make accommodations, a worker must notify the employer of the fact that they have a disability and that they require accommodations. To be what the law refers to as a “qualified person with a disability,” one must have the skills and experience required for the position and have a physical or mental impairment that limits a “major life function.” Being seriously immunocompromised, as you are, is likely to meet that standard.

Once an employer is aware of the disability and a need for accommodations, both the worker and the employer must engage in a good faith interactive process to find suitable accommodations. It is important to understand that an employer is not obligated to provide the worker’s preferred accommodation. It must, however, provide an accommodation which will allow the worker to perform the essential functions of the position. Keep in mind, no employer is required to offer an accommodation which creates an “undue hardship.” An undue hardship is an action requiring “significant difficulty or expense.” Each potential accommodation is very fact specific, but to determine if it is an undue hardship, courts have looked to many factors including the nature and cost of the accommodation, the financial resources and structure of an employer, as well as the type of operations of the employer and its facilities.

In the context of those who are ill, or afraid to come to work because exposure to the virus may create severe health issues, there are a number of potential accommodations worth exploring, depending on the type of work a person performs. Historically, it did not used to be reasonable for a worker to request an accommodation to work from home. Previously, it was often considered to be an “undue hardship.” However, over the last two years, for many job functions, it has become the norm for many positions. Obviously, for many positions, such as labor, customer service, and similar positions, this is not feasible. However, for many office workers, it may now be a “reasonable accommodation.”

For others, another option in an office. An office may be requested, for protection, as an accommodation to work from rather than an open-air cubicle where foot traffic is high.

For more hands-on positions, it may be possible to work later in the day, or at night, where there are not so many people in the workplace presenting a danger to COVID transmission.

If the job can be done remotely for the most part, but the position requires some in-office time, such as filing paperwork, it may be a reasonable accommodation to work part-time from home and part time in the office, thus reducing the exposure.

Importantly, there is no set list of accommodations. The law requires the interactive process for the worker and employer to come to a set of accommodations which allow the worker to perform the position without causing an undue hardship on the employer. Whether an accommodation is reasonable can truly only be understood on a case-by-case basis.

No employer can legally retaliate against a worker for requesting accommodations. The request counts as a “protected activity” such that, if an employer were to retaliate against the person requesting, they could be liable and made to pay damages in a civil lawsuit.

Cindy, I hope this article helps you get the accommodations you deserve.

The COVID-19 (Coronavirus) outbreak is an ongoing, rapidly developing situation and the local, state, and federal responses are changing regularly. The Dolan Law Firm takes efforts to keep the information on this page updated, however, to guarantee up to date information it is necessary to confirm with publicly-available federal, state and local health organization guidance and government mandates.

Written By Christopher Dolan and Casey Hultin

This week’s question comes from William from the Bay Area: My friend rides a motorcycle and was recently injured when he was hit by a car. He believes the police officer who arrived at the scene was biased against him and didn’t even take his statement. He is worried that the police officer found him at fault. Is there some type of report he can get a copy of and if so, who writes them? How can he get a copy of his report? If the report puts him at fault, what can he do? Can he submit a supplemental report?

Great question William.

A traffic collision report is a form filled out by the investigating police officer at the scene. The form seeks basic information such as where the collision took place, the names of the people involved along with their contact and insurance information, the vehicles involved, any property damage, and any injuries. It will also generally include a summary of any statements taken at the scene or as part of the investigation, as well as the names of any witnesses interviewed about the collision. There may also be other additional scene investigation information, such as the locations of any cameras that may have caught footage of the incident or measurements for any debris or skid marks.

To obtain a copy of the traffic collision report, you must qualify as a party of interest in the crash. This generally includes drivers, passengers, vehicle owners, or a parent or guardian of an involved minor. You must complete and sign a request form for the information and provide the date of the collision (or approximate date), collision or incident location (as much information as you have if you do not have a specific address), the name of the driver or owner of one of the involved vehicles, and your name and address. There may also be a small fee. If you are represented by an attorney, your attorney can also help you obtain a traffic collision report.

If the traffic collision report places you at fault, it will likely make your injury claim difficult to resolve without filing a lawsuit. Insurance companies heavily rely on the traffic collision report when determining who is at fault for claim assessment purposes.

However, if the traffic collision report places you at fault, that does not mean any claim to injury is doomed. The conclusions in the traffic collision report are often not admissible at trial, meaning that the judge or the jury cannot consider it when deciding who is at fault for the collision. Further, through the litigation process and depositions (questioning witnesses before trial under oath), it is possible to get the officer to walk back the conclusions in the report. For example, often investigating officers do not have the benefit of canvassing for all possible witnesses at the time of the collision because they are dealing with many other competing interests, including making sure any injured people receive medical care and clearing the area for through traffic.

If you find additional information that the investigating officer failed to consider, you can contact that officer and provide the additional information to them. For example, if there is an additional witness the officer missed, you can call and provide that witness’s information so the witness can give a statement. If there are additional photographs, you can send them in as well. If there are inaccuracies in the report, you can point them out. All of these can lead to the officer amending and our supplementing the traffic collision report. You also have the option to get a formal dispute form from the Department of Motor Vehicles in the event the officer is not responding.

In practice, if the traffic collision report is inaccurate or comes to the wrong conclusion, while you can try to get the officer to author a supplemental report, you are better off navigating the circumstances through an experienced attorney. Especially because, as discussed above, the traffic collision report conclusion is not determinative of fault in a court of law.

We wish your friend a speedy recovery.

Written By: Christopher Dolan and Nancy Villatoro

This week’s question comes from Fran in San Jose: I enjoy walking and like to do so as much as possible. If I can avoid having to drive, I will do so and complete some errands on foot. Even when I drive, I don’t mind parking at the end of a parking lot where there is plenty of room rather than circling for a spot that will only save me a few seconds. In my walks I have noticed how restrictive sidewalks can be and how we are herded along crosswalks. Don’t get me wrong, I realize it’s for my safety to use crosswalks, but I can’t help to think that crosswalks are not engineered to protect pedestrians. While waiting for a light to turn green, I have seen some dangerous street corners where only an imaginary line stands between me and a car going 40 mph. One wrong turn or distraction is all it would take for me to get hit by a car. Are crosswalks there to protect us or simply make more room for cars?

Thank you for your question, Fran. You have a good point of view and excellent question. Prior to the 1920s, city streets looked dramatically different than they do today. There were few crosswalks on the street, and they were generally ignored by pedestrians. Streets were considered to be a public space: a place for pedestrians, children at play, similar to a stroll in the park or a walk in the mall. People would move in any direction without really thinking about it. Author Peter D. Norton in the book Fighting Traffic: The Dawn of the Motor Age in the American City (Inside Technology), describes pedestrians as walking “in the streets anywhere they wanted, whenever they wanted, usually without looking.”

As cars began to spread widely during the 1920s, there was a spike in the number of pedestrian deaths. Over the first few decades of the century the number of people killed by cars skyrocketed.

Before formal traffic laws were put in place, judges typically ruled that in any collision, the vehicle was to blame. A movement began to regulate the speed of vehicles to reduce the number of pedestrian deaths. In response, automakers, dealers and car enthusiast groups worked to legally redefine the street.

By the 1930s, most streets were primarily motor thoroughfares where children did not belong and where pedestrians who failed to use the crosswalks were condemned as “jaywalkers.” Cities and downtown businesses began to regulate traffic in the name of “efficiency.” The articles printed in that era shifted blame for accidents to pedestrians, signaling that following the new traffic laws were important.

Today, in California, the driver of a vehicle must yield the right-of-way to a pedestrian crossing a roadway within a marked crosswalk or within an unmarked crosswalk at an intersection. (California Vehicle Code § 21950(a).) If the driver approaches a pedestrian within a marked or unmarked crosswalk, he or she must exercise all due care and must reduce speed or take any other action as necessary to safeguard the safety of the pedestrian. (California Vehicle Code § 21950(c).) However, a pedestrian is nevertheless responsible for exercising due care for his or her safety, thus cannot suddenly “leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute and immediate hazard.” Additionally, no “pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalks.” (California Vehicle Code § 21950(b).) The duties of the pedestrian do not relieve the driver from the duty to exercise due care for the safety of a pedestrian within a marked crosswalk or within an unmarked crosswalk at an intersection. (California Vehicle Code § 21950(d).)

Although some intersections and crosswalks can be designed better, crosswalks serve a purpose to keep pedestrians safe while allowing drivers the room they need to travel across city streets. As more people begin to rely less on their cars, more people like yourself will see how we need better designed crosswalks. Continue making your voice heard. You will find you are not alone.

Written By Christopher Dolan and Jeremy Jessup

This week’s question comes from Jordan from Emeryville: As people have started to get out more, I keep hearing about pedestrians being struck by cars. I know this is nothing new but seems to be coming up a lot more lately. Do you know what the trend is, I hope I am just paranoid, and whether or not anyone is doing anything to address the issue, if there is one?

With the holiday season upon us, and despite the cold weather, people are out shopping and just being out more. With the current status of COVID-19, ridership on public transportation is still down, so those without vehicles, have taken to walking. But unfortunately, you are correct, though not a new problem, accidents involving pedestrians are on the rise. Earlier this year, the Governors Highway Safety Association (GHSA) projected that 2020 had the largest ever annual increase in the rate at which drivers struck and killed pedestrians, and they were correct.

According to the GHSA the likely culprits are speeding, drunk driving, drugged driving, and distraction, which were rampant on U.S. roads during the COVID-19 pandemic. In addition, the March GHSA report also examined the 2019 FARS data to provide insights on trends regarding these issues. Some of the findings include the following:

Pedestrians accounted for 17% of all traffic deaths in 2019, compared to 13% in 2010. While pedestrian deaths have risen by 46% over the past decade, the number of all other traffic deaths has increased by only 5%
Drivers struck and killed a larger proportion of pedestrians that were minorities, including Black, Indigenous and People of Color, than expected based on the population. On the other hand, white/non-Hispanic pedestrians accounted for a considerably smaller proportion based on population
Most pedestrians are killed on local roads, in the dark and away from intersections. During the past 10 years, the number of pedestrians struck and killed after dark increased by 54%, compared to a 16% rise in pedestrian fatalities in daylight
Alcohol impairment by the driver and/or pedestrian was reported in nearly half of traffic crashes that resulted in a pedestrian fatality
Although passenger cars make up the largest categories of vehicles involved in fatal pedestrian crashes, over the past decade the number of pedestrian deaths in crashes involving SUVs has increased at a faster rate – 69% – than deaths in crashes involving passenger cars, which increased by 46%.

“Last year was filled with so much death and loss as COVID swept across the country. As America gets vaccinated and returns to normal, we need to treat pedestrian safety like the public health emergency that it is,” said GHSA Executive Director Jonathan Adkins. “We must strengthen our efforts to protect those on foot from traffic violence by implementing equitable and proven countermeasures that protect people walking and address those driving behaviors that pose the greatest risk.”

However, given the wide-open roads that existed following the stay in place order, many drivers have failed to adjust to more people being out and about. “The wrecks that are occurring are at higher speeds,” said Dr. James Augustine, the medical director for emergency medical services in Atlanta, as well as a spokesman for the American College of Emergency Physicians.

To help with this issue, AB43 was introduced by State Assemblymember Laura Friedman out of Glendale, to assist cities struggling to combat pedestrian fatalities. Beginning in 2022, cities will be able to force drivers to slow down on accident-prone streets. AB43 gives cities new authority to reduce limits in increments of 5 mph by factoring the safety of pedestrians and cyclists in traffic surveys. The state’s existing standards set limits based upon certain findings determined by an engineering and traffic survey and on the speed drivers feel comfortable driving at, rather than what’s actually safe.

Unfortunately, while it should be the ultimate duty of drivers to pay attention and follow the rules of the road, pedestrians should be mindful of the hazards and follow a few basic tips:

Increase your visibility at night by carrying a flashlight when walking and wearing reflective clothing, such as reflective vests.
Cross streets at a designated crosswalk or intersection whenever possible.
Walk on a sidewalk or path instead of the road. Walk on the shoulder and facing traffic if a sidewalk or path is not available.
Avoid using electronic devices like earbuds or walking if you have been using alcohol or drugs. They can cause distractions and impair judgement and coordination.

Written By Christopher Dolan and Vanessa Deniston

This week’s question comes from Emily from the Bay Area:Recently, I took a rideshare home from a holiday party I attended in the city. During the party, I had several drinks and by the time I was ready to leave, I was not in a state to drive myself. I called a rideshare vehicle to take me home. During the ride, the driver asked me several personal questions that made me feel uncomfortable, specifically what kind of guys I was attracted to and if I had roommates or lived alone. When I first approached the car, the driver even encouraged me to sit in the front seat next to him, which I found odd. Luckily, I was not so drunk that I could not perceived these red flags. I ended up calling my friend who kept me company on the phone all the way home. Hypothetically, had the driver pulled over and tried to attack me, what legal recourse would I have and against whom?

We are so glad you arrived home safely, Emily. We hear this type of story frequently. It’s much more common than you would think. Rideshare services, like Uber and Lyft, can offer drunk partygoers a safer alternative to getting behind the wheel intoxicated, but all riders should still exercise caution, especially women riding alone. While most rideshare companies subject their drivers to criminal background checks, the system isn’t fail-proof as evidenced by the over 4,000 reported incidences of sexual assault to Lyft between 2017-2019 and nearly 6,000 reported to Uber within a similar timeframe.

The great majority of rideshare assault cases in California involve intoxicated female passengers riding alone with a male driver. Indeed, in such a circumstance the likelihood of an assault greatly increases. An intoxicated female passenger will not be as alert as she otherwise might be if she is sober, missing red flags. She is more likely to engage in seemingly friendly banter with the driver and divulge personal details she may not otherwise volunteer. She is also unlikely to have awareness of where she is and may not notice if the driver has deviated from the designated route to her ultimate destination. If the driver makes advances on her, she is unable to give consent and may have an impaired memory regarding what occurred and when. She is also likely to struggle with providing an accurate description of her perpetrator. It is important that all women and solo passengers traveling in a rideshare vehicle be aware of common troubling signs.

To address your question directly, Emily, if you are assaulted by a rideshare driver, you are likely to have claims both against the driver and the rideshare company the driver contracts with. In some isolated incidences, you may also have a claim against third parties, if that third party requested the ride on your behalf and you are an intoxicated minor. If you are assaulted during a ridesharing ride, or you believe you may have been assaulted, it should be reported immediately to both the police and the rideshare company. Take immediate action to preserve any receipts for your ride and take screenshots of any information within the app that may identify the date and time of the ride, the identity of the driver, the driver’s license plate number, and the route taken by the driver to your final destination. This information will significantly narrow down the pool of perpetrators and allow the police and the rideshare company to identify him more easily. Preserve all clothing you were wearing on the date of the assault and visit the ER to have a rape kit evaluation performed.

To the extent possible, avoiding such circumstances entirely is the key objective. There are several steps you can take to thwart or seriously deter opportunistic predators in such circumstances and you utilized some of them. Above all else, trust your instincts. If the behavior of the driver feels suspect or off to you, do not get in the car. Simply call another ride. If the driver exhibits concerning behaviors during the ride, cease further engagement with the driver and involve a third party. Call a friend to keep you company on the phone during the ride home or text someone you have regular contact with, reporting your whereabouts, when you should be home and the behaviors you perceive to be troubling. If the driver offers you food or drink after exhibiting troubling behaviors, politely decline. Many rideshare apps have integrated a section within their apps where you can report safety concerns. Understand, this is not, nor should it be, a substitute for calling 911. If the driver inadvertently cancels the ride and pulls over in an unfamiliar area, call the police immediately.

If you believe you may have been the victim of an assault, report it to the police immediately and contact an attorney to advise you of your rights. Your action may well prevent further assaults from occurring if the perpetrator is identified and suspended from the rideshare platform.

Written By Christopher B. Dolan

This week’s question comes from Frank T. in the Mission District: I got a jury summons in the mail. Why do I keep getting them? I don’t want to sit on a jury and take time away from work. My husband and I had a real hard time during COVID and taking time off work right now would be difficult.

Frank, I know this is a sentiment shared by many right now. The right to trial by a jury of one’s peers is enshrined in the Bill of Rights that was formed at the time of the birth of our Nation. When The Colonies were under British rule, citizens had no right to have members of their community decide their fate. Justice had become politicized, and it was administered pursuant to British law, and as a manner of repression, as the colonists were considered British subjects. British law was often unjust and unfair to the Colonists and failed to recognize the realities of living in the New World. This was one of the many injustices that spurned the birth of our Democracy. Trial by jury was, and largely remains, an American institution with most countries not offering jury trials to their citizens.

The right to trial by jury was established under and through the Seventh Amendment to the Bill of Rights. As such it was one of the original rights for which a war was fought, blood was spent, and lives were sacrificed. The right to trial by jury is also guaranteed by Section 16, of Article One, of the California Constitution.

What was once considered a fundamental right and honor is now perceived by many as an annoying and disruptive inconvenience. Not to minimize the impact that you feel jury service has upon your personal circumstances, too many of us now take for granted our democratic freedoms, rights and responsibilities. Jury service is an apolitical right and in today’s environment where the courts have become more politicized, the fact that a jury pool is drawn from a broad cross-section of our community is perhaps one of the most apolitical aspects of our Democracy.

As your name, Frank, suggests that your pronoun is male, and you reference your spouse with the pronoun he, I deduce that you are in a same sex marriage. (If my assumption is incorrect, please forgive me.) I want to put this into some perspective: imagine if you or your husband were accused of a crime, were the victim of a hate crime, or been deprived a civil right based upon your sexual orientation. If you lived in another state, not as progressive as California, the judge might be an elected or appointed official who is homophobic, or against gay marriage, and she/he would be the sole decisionmaker on your case. That prejudice could very well affect the outcome of your case and be demoralizing. Likewise, were no members of the LGBTQ community to heed the call to jury service, you would not receive a jury of your peers.

No one knows the case you have been summoned for as of now. Jurors are randomly selected from DMV records, voting rolls and other public sources of information and, until the day you show up at the courthouse, there is no way to know what type of trial, or what type of issue, is involved. In San Francisco, if you are summoned to 400 McAllister Street chances are that it is a civil trial involving disputes between two parties, two businesses, or an individual seeking justice against much more powerful interests such as corporations and/or the government. If you are summoned to 850 Bryant Street, it is most likely a criminal case.

Since COVID-19 began, I have tried two cases to verdict, one in September against a police department and officer where there was a claim of unlawful and excessive use of force resulting in a shooting and one against an insurance company for injuries suffered in a collision. I selected juries, presented the facts, and received verdicts in favor of my clients who otherwise would never have received justice. Had jurors not shown up, my clients would never have had their chance to receive fair and impartial justice. We would never have been able to stand up to the police and, quite possibly, given the judge and venue in another state, we would not even have had a chance, much less won.

The right to trial by jury is already threatened by big monied interests that don’t want trial lawyers like me to balance the power dynamics. Organizations which I am proud to be a member of, such as the American Association of Justice, and the Consumer Attorneys of California, fight diligently and spend millions of dollars annually, contributed by members such as myself who believe in this right, to help elect pro-justice, pro-civil rights and pro-7th Amendment legislators to help preserve the right to trial by jury.

Many jurors, originally reluctant, after serving their jury service are glad they did it. They feel proud of being a group of twelve (or six in Federal Court) who participated. I hope you take the call to service and have a meaningful experience. Lastly, just because you are called for jury duty doesn’t mean you will serve. Many times, jurors are not needed as a case gets resolved or settled. Even if you are called into court, most jurors do not get selected, as often more jurors are called then end up being needed.

I hope this helps you see things in a different light. Without Jurors, the light of democracy dims remarkably.