San Francisco Fire Department Concerned About Street Barriers

The city of San Francisco added street barriers along five blocks of Capp St from 18th to 22nd to deter alleged prostitution. This action may violate local statues and city fire codes. The fire department is worried about lack of access that could delay emergency response times.

In an interview with ABC news, Chris Dolan said:

“The fire code specifies the type of access that fire trucks need to have for public safety. The vehicle code allows local governments to put limitations on traffic movement based on crime. So both of these have an effect. They need to be balanced.”

“A public process including consultation with the fire department and other safety forces,” should be held in a public hearing. Dolan said “Many of the residents may have unique needs, for example, a resident may be disabled and may need access to their garage.”

Local city and emergency department need to come together to balance the needs of the community.

See full ABC News story here:

 

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Cars Crash into Convenient Stores, Too Often.

Written By Chris Dolan and Megan Irish

This week’s question comes from Rebeca from San Jose, who asks: Two weeks ago, I heard a loud commotion and went outside to see that a car had crashed into the corner convenience store. It went right into the glass front of the building, and only the trunk is visible from the sidewalk.  Today it is all boarded up, and the store is closed. Has this ever happened before?

Dear Rebecca,

Unfortunately, yes, these kinds of crashes happen far more frequently than you can ever imagine, often causing injuries in addition to the apparent damage to the building. Who is responsible for these damages? The driver of the car? Surely. But is the store also responsible?  Often, yes. When someone is hurt in a store front crash, they may be able to bring a claim for their injuries based on negligence and premise liability against the store.

Generally, in a negligence case, the injured plaintiff must prove the defendant has a duty, the defendant breached their duty, the breach caused the plaintiff an injury, and the plaintiff has suffered damages related to that injury. Generally, in a premise liability action, the plaintiff must show that a defendant owned, leased, or controlled the location of their injury, that the defendant was negligent in the use or maintenance of the property, that the plaintiff was harmed, and that the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.  

From the local coffee shop to the neighborhood grocery store and everything in between, cars can drive into the store and injure pedestrians, store patrons, and employees. Often the layout of the parking spaces outside the store leads to the vehicles’ intrusion into the building. When the parking spaces are placed directly in front of the store, which is perpendicular to the store, and the driver makes an error by pressing the gas instead of the brake pedal instead of coming to stop, the vehicle accelerates toward the building. A crash is imminent If the parking lot and storefront design do not have any barriers to stop the vehicle’s entrance onto the sidewalk and into the store. The crash can be minor and cause only property damage to the building, like a few broken windows, or it can be catastrophic and cause injury or even death to the pedestrians on the walkway, the patrons, or the employees inside the store.  

This kind of “storefront crash” is a known risk to stores, and there are numerous ways to protect the storefront and keep patrons and pedestrians safe. For example, owners can install bollards to prevent a car from intruding into the space. A bollard is a slim, solid pillar that is seated into the ground. They are often about four to six inches in diameter and come up to about three or four feet. They are usually yellow to increase their visibility. They do not impede the flow of foot traffic and can easily be ADA-compliant. Also, placing attractive flower boxes with appropriate underpinnings across the front of a store can offer protection without impeding on a patron’s access to the store. Either of these or one of the numerous other options would protect the sidewalk area and storefront from any vehicle trying to park in the perpendicular stall that inadvertently jumps the curb and approaches the storefront.  

The frequency of these types of collisions is staggering. Recently made public statistics demonstrate that the popular convenience store 7-Eleven has 1.14 store front car crashes a day, causing some personal injury or property damage. The now public data also shows repeated hits at the same stores. Some were hit three, four or five times. There is even evidence that one store was hit thirteen times! The recently released data also shows that between 2003 and 2017, there were 6,253 storefront crashes at 7-Eleven stores across the country in fifteen years.  More public data about 7-Eleven shows another 1581 storefront crashes between 1991 and 1996.  

These types of crashes happen. It’s a known hazard of stores with parking stalls perpendicular in the front of the store. And the store is oftentimes in the best position to prevent the injuries and damages associated with them. Hopefully, your local store will be repaired quickly, and no one inside was hurt.

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Who is Liable When Potholes Cause Accidents?

Written By Chris Dolan and Cristina Garcia

This week’s question comes from Kathy J. in the Sunset District, who asks: After this year’s stormy winter, new potholes seem to be appearing daily. Over the weekend, I was driving to my friend’s house when I hit a pothole in the road. The pothole caused me to lose control of my vehicle, and I eventually crashed into a tree. The impact destroyed the front of my car and deployed my airbags. I vaguely recall the police officer and ambulance arriving. At the hospital, I was diagnosed with facial bruising, a concussion, and a broken wrist. I am unsure what my next steps are, as the accident did not involve another vehicle, and I was not at fault for crashing into the tree. However, I now have large medical bills, and my car has significant property damage. Who is responsible if a pothole leads to an injury?    

Dear Kathy,

That is a great question. Potholes are more prevalent after heavy rains as the precipitation saturates the ground and causes the asphalt to break up. Government entities such as cities, counties, the State, or the Federal government own public roadways.  Therefore, the first step is determining which entity owns the road. A government entity, like any other property owner, is responsible for maintaining its premises in a reasonably safe condition. It is important to note that “reasonably” does not mean in perfect condition or that maintenance needs to occur instantaneously. However, showing that the responsible government entity had notice of the pothole is essential in establishing liability. 

Many cities and counties have online portals or phone numbers where residents can report dangerous roadway conditions such as potholes. For example, in San Francisco, the SF311 Mobile App can be used to submit service requests. For this reason, it is important for anyone who comes across a pothole, whether you are a driver or a pedestrian, to file a service request notifying the government entity of the roadway condition.

California Government Code §§ 830 et seq. lays out the rules for liability stemming from any “dangerous condition of public property,” defined as a condition that creates a substantial risk of injury when such property is used with due care in a reasonably foreseeable manner. Cal. Gov. Code § 830.2. Special rules apply when filing a claim against a government entity. The injured individual must file an administrative claim before filing a personal injury lawsuit against a government entity. It is important to note that there is a limited time in which you can bring an administrative claim against a government entity. Under California Government Code Section 910, you must file a claim against the government entity within six (6) months after the event or occurrence. Be sure to file the claim with the appropriate government office or agency. Further, it is equally important that you use the claim form of that government agency when filing a claim, as section 910 prescribes a list of the required information you must provide in your claim. Otherwise, the claim may be deemed invalid.   

While the government entity can be held responsible for dangerous conditions on its roadways, it is critical to note that a non-trivial dangerous condition does not mean the city is liable for damages. Further, when a claimant can prove the statutory requirements, the government entity may still raise several defenses to defeat liability. It may argue that it exercised due care by posting warning signs to prevent vehicles from hitting potholes or claiming that it is “open and obvious”; therefore, no warning signs were necessary. 

Claims against any government agency present their unique challenges. There are strict time limits and different procedural rules that apply to government claims. For this reason, it is important to retain a skilled trial attorney to assist you in pursuing your government claim and ensure you obtain the compensation that you deserve. 

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Minors Involved In An Accident: Who Is Responsible?

Written By: Christopher Dolan and Jeremy Jessup

This week’s question comes from anonymous from San Carlos who asks: I recently read about the heartbreaking story involving the couple from San Carlos who were killed in a motor vehicle collision in Redwood City. Based upon the news articles, the at fault driver may have been a 17-year-old kid, with friends in the car.  If the teenager is in fact at fault, can their parents be held accountable? What about the friends? 

You are absolutely correct; this was a tragic and heartbreaking event that did not have to happen. Those children should still have both of their parents. And the answer to your first question, is yes, the parents can be held liable for the acts of a 17-year-old. In California, the parent or legal guardian of a minor who is under the age of 18, must sign a driver’s license application for said minor to receive their license. As a result of signing that application, the parents or legal guardian are bound by Section 17707 of the vehicle code, which essentially spells out civil liability for that parent or guardian if the minor causes a collision.

That code sections says:

“Any civil liability of a minor arising out of his driving a motor vehicle…is hereby imposed upon the person who signed and verified the application of the minor for a license, and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle.”

Thus, this code section makes a parent or legal guardian jointly liable for “any damages proximately resulting” from the accident. That includes compensation for non-economic losses like pain and suffering and those associated with a wrongful death matter. Given the severity of this collision, it could add up to a significant amount. 

With regards to the friends, this is a bit more complicated and depends on the facts. But the short answer is yes. A passenger can be held liable for a collision if they undertook very specific acts. One would be operating the vehicle as a passenger. This would include controlling the steering wheel, the brakes the gear shift or any other part of the vehicle that would affect the maneuvering of the vehicle. Another means in which a passenger could be held liable, is if they incapacitated and/or distracted the driver. This could occur by blocking their vision, bumping them, or distracting them by whatever means. Finally, a passenger may be held liable if they “encouraged” the driver. Encouragement can take many forms. Some classic examples include encouraging an intoxicated driver to drive and a semi-recent example would be a passenger encouraging the driver to drive faster.

In the case of Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, Hayley Meyer was a passenger in a vehicle being driven by her friend, Brandon Coleman. While driving to their destination, she told Coleman to turn on Skyview Drive, a street she knew dips that could make a vehicle become airborne. She also knew the speed limit was 25-mph. According to the facts, Hayley told Coleman about the dips and that it would be fun to drive at a high rate of speed on them, and he should do it. Coleman turned onto Skyview Drive, and she told him to “go faster.” He did. Unfortunately, Coleman sped up, went airborne, lost control of the car, and crashed into a parked vehicle, killing a father of three.

The court was presented with the issue of whether or not Haley Meyer could be sued for negligence, even though she was not actually the driver of the car. The Court ruled that she could. 

If the teen driver is at fault and it can be argued that the two passengers, believed to be 15 years old, encouraged the teen to drive fast, they too could be held accountable. The next logical question is, could their parents?

This one is more complicated for a couple of reasons. First, if the passengers were in fact 15-years old or did not possess a driver’s license/learners permit, then we have no parent or legal guardian signing off on their license. In addition, section 17707 specifically hinges liability on the parent/guardian for “civil liability of a minor arising out of his driving a motor vehicle”. In this case, the passengers were not “driving” the vehicle. 

However, this type of liability may be covered by California Civil Code section 1714.1, which states:

“Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”

However, the statute puts a few limitations on the amount the parent or legal guardian can be liable for, which is $25,000.00 (this amount is subject to cost-of-living adjustments every two years. The most recent figure appears to be $47,100.00). In addition, it does not allow compensation for pain and suffering, only economic damages, such as medical expenses.

Regardless of who may be held liable, as we head into the holiday season, it is a good time to remind all of your loved ones to drive attentively and carefully so that we might decrease the number of tragic roadway collisions and not have to worry about questions such as these.  

 

 

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Insurance Company WILL NOT PAY FOR MEDICAL EXPENSES. Here’s Why:

Written by Chris Dolan and Cristina Garcia

This week’s question comes from Patricia D. from the Mission District, who asks: I was riding my bicycle down 19th Street approaching Mission Street when a distracted driver traveling in the opposite direction struck me. He was apparently texting, driving, and traveling too fast on the roadway. When the vehicle struck me, I fell on my right side. As a result, I broke my right wrist and suffered a terrible road rash on my right elbow and shoulder area. The driver and I exchanged information before I was transported to the hospital. I recently received a call from the driver’s car insurance informing me that they would not pay for the damages to my bike or any of my medical expenses because I was at fault. Are they correct?

Dear Patricia,

Thank you for your question. Adult bicyclists have the same duties and responsibilities as motor vehicle drivers under the California Vehicle Code (“CVC”) 21200. CVC 21200 provides as follows:

“(a)(1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to provisions concerning driving under the influence of alcoholic beverages or drugs…”

Therefore, California laws treat bicyclists as motor vehicles that must abide by all traffic laws, which includes CVC section 21650, which provides that all cyclists must travel in the same direction as traffic. If bicyclists need to head in the opposite direction of traffic, they must walk with their bikes on the sidewalk.

For this reason, the driver’s vehicle insurance is likely denying your claim for property damage to your bicycle and personal injury claim. This denial does not completely bar you from recovering for your injuries if the other driver was also negligent. For example, suppose the police report or witnesses corroborate that the driver was speeding or texting while driving. In that case, counsel can argue that the driver’s negligent acts also caused the collision.

An issue that is likely to be raised is “Comparative Fault,” also called “Comparative Negligence.” Comparative Fault is the percentage of fault the court assigns to the injured party. California law states if the parties are found to share fault, the law requires that the amount of recovery that the injured party is entitled to be reduced by his or her percentage of fault. For example, if the injured person is found to be 30% at fault, their compensation award will be reduced by 30%. The driver’s insurance adjuster generally assigns this percentage if the case settles pre-litigation. However, if your case does not settle before trial, a jury will decide what percentage of fault will be assigned to each party.

If you were injured in a bicycle collision due to someone’s negligence, you have the right to seek compensation for your economic and non-economic damages. Due to the complexity of Comparative Fault, cases involving Comparative Fault, you must contact a qualified and skilled trial lawyer to review the situation and assist you with your claim to ensure that you receive full and just compensation for your injuries.

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What Are Some of My Rights As a Pedestrian?

Written by Christopher B. Dolan

This week’s question comes from Kevin in San Francisco: I live in the City and like many people, I do not own a car. Too expensive. I tend to walk often and enjoy it. Can you talk more about pedestrian law and pedestrian safety. Seems like every day I have to make sure I do not get sidelined by an electric bike or scooter. Even when I cross the street on a crosswalk, and I have the green light, cyclists and scooter riders just speed towards me. What are my rights? Don’t I have the right of way? 

Kevin, thank you for writing us. You are right to feel concerned about the risks to your safety as a pedestrian in San Francisco. Traveling as a pedestrian has become increasingly risky in the past decade. According the National Highway Traffic Safety Administration pedestrian fatalities have increased by 46% from 2010 to 2019. 

San Francisco is more densely populated than most major U.S. cities, and has some of the highest levels of traffic in the world. On top of that, millions of people visit San Francisco every year. In a city like San Francisco, the danger to pedestrians seems to be an accepted fact of life, as it is in other major cities, yet drivers still are liable for the injuries they cause to pedestrians when they hit someone due to speeding, inattention or distraction, impaired driving, or some other factor.

In such a dense city the risks are high when traveling as a pedestrian. A moving bicycle, scooter or motor vehicle can cause catastrophic injuries and death when they collide with a pedestrian. From 2016 to 2020 there were over 4,000 pedestrian crashes in the San Francisco Area, with nearly 80 pedestrians killed and thousands more injured. 

Pedestrian crashes are much more likely to occur in inner-city neighborhoods, the Tenderloin, SOMA, Mission, and Downtown specifically. However, on a per crossing basis, individual pedestrians are at a higher risk of being struck by vehicles in the less dense, more residential areas, meaning anywhere in San Francisco there are risks of being injured as a pedestrian. 

Pedestrian crashes are often caused by negligence on part of a driver. Most pedestrian injuries and deaths occur at nighttime and drivers impaired by drugs and alcohol raises the risk of pedestrians being hit by a driver’s negligence. It is important to always assume a driver does not see you, and stay out of the way of any moving bicycles, scooters or motor vehicles. 

Another major cause of pedestrian injuries is speeding vehicles. Speeding vehicles increase the likelihood of injury and increase the severity of the injury. The body is a fragile thing and you should always be cautious when approaching a roadway as a speeding vehicle can come out of no-where and cause devastation. 

With chaotic streets, bustling traffic, and a growing population of bicycle and scooter riders, what are a pedestrians rights and how do they protect pedestrians?

CVC § 21950 is the primary Right-of-Way law in California which states that,

“The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”

This law requires drivers to slow down and exercise due caution to keep pedestrians safe.

Unfortunately, the law is not completely straightforward, and CVC § 21950 also states,

“No pedestrian may 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 an immediate hazard.”

Drivers have further duties under CVC § 22350 which is commonly known as the “basic speed law.” This section prohibits those driving motor vehicles from driving faster than what is reasonable in a given circumstance. Under California’s basic speed law a driver must drive at a safe speed that does not endanger the safety of pedestrians.

Pedestrians do not always have the right of way, and in cities like San Francisco the law sets forth specific guidelines for when a pedestrian has the right of way or not. Even though pedestrians do not always have the right-of-way, if a pedestrian violates their duties it does not mean a motorist or bicyclist is free to hit them without liability for the injuries. 

Just because a pedestrian has the right-of-way does not protect them from being injured. Drivers failing to yield to pedestrians with the right-of-way was the primary cause for more than 42 percent of pedestrian collisions from 2016 to 2020. The law will not protect you from injury from those who do not follow it. The law will only provide you with an avenue to get compensated for your injuries. 

No amount of compensation following a catastrophic injury or death will truly pay for the damage of a pedestrian accident. As a pedestrian you should keep yourself as safe as possible when traveling around the streets. You should do the following as a pedestrian to reduce your risk of injury or death:

  • Wear visible clothes, especially at night time. If it is dark bring a flashlight and reflective clothing. 

  • Use crosswalks to cross streets, but do not put your trust in having a green light. ALWAYS check for oncoming motorists, bicyclists and other riders before you cross the street.

  • Do not walk in bike lanes. Always use the sidewalks and stay away from the roadway and bike lanes.

  • Stay aware of your surroundings when traveling. This means avoiding noise canceling ear buds and other distractions. 

Your safety should be your primary concern when traveling on foot. Even the sidewalks can pose risks to pedestrians. Watch out for holes, cracks and unkept walkways. 

If you are ever injured in San Francisco you should contact an experienced personal injury attorney who is knowledgeable about pedestrian laws and will fight to recover compensation from those responsible.

Be safe out there Kevin, thank you for voicing your concerns.

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I Was Involved in a Motorcycle Crash: What Can I Do?

Written By Chris Dolan

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?

Thank you for your question, Rob. I started riding motorcycles as a teenager and, as a lawyer, regularly represent injured motorcyclists. One of the most common scenarios in the motorcycle crash cases I litigate is when a driver, without signaling, cuts off a motorcyclist or turns suddenly from the opposite lane in front of the motorcyclist. In both cases, the resulting collision can be fatal to the motorcyclist. I am relieved your injuries, while serious, were not life-threatening.

Here, the van driver violated California Vehicle Code Section 21658, which states,

“Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction,” it is the rule that “(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.”

I assume the damage to your motorcycle was more than $750. If that is the case, you have to report the accident to the DMV within 10 days of the accident. If you have not already filed the report, go the DMV website, search for Form SR-1, complete the form and send it in right away to the DMV.

You didn’t mention whether you have motorcycle insurance. Assuming you do, you need to ask your agent about whether your insurance policy contains uninsured and/or underinsured motorist coverage. What is uninsured and underinsured motorist coverage? Let’s start with what it isn’t.

When we think of insurance, we think of liability insurance. It protects your assets if you are at fault for an accident and you hurt someone or damage someone else’s property.

Liability insurance does not, however, protect you from damages you suffer in an accident that is someone else’s fault. That’s where uninsured and underinsured motorist coverage applies. Because many drivers in California violate the law and drive without insurance – or have a bare bones policy – California law requires insurance companies to offer consumers this coverage.

Even though the other driver did not have insurance, your insurance policy may be sufficient to cover both the financial loss you suffered – your wrecked bike and any days missed from work – as well compensate you for your broken wrist and medical expenses due to the collision.

What happens if you don’t have insurance?

I hope that is not case. But if it is, the company that owned the van may be legally responsible for your motorcycle crash injuries under the legal doctrine respondent superior, which is Latin for “let the master answer.” The doctrine is codified in California Civil Code Section 2338. It holds an employer responsible for the torts (wrongs) committed by its employees that fall within the “scope and course of their employment.”

You have to show that that the employee was negligent (acting in a manner that was unreasonable or illegal), and that the employee was also involved in the employer’s business enterprise at the time of the collision.

Here, the employee’s negligence is clear: He violated the vehicle code. Was the van driver also involved in the employee’s business? If he was delivering an item for the company or returning the van to the company parking lot after he completed his work shift, the answer is yes.

Determining if an employer is legally responsible for an employee’s negligence requires a thorough investigation of the facts. I suggest you consider contacting an experienced motorcycle crash attorney to advise you further on your legal rights and remedies.

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School is in Session: Drivers Slow Down for Students

Written By Christopher Dolan

This week’s question comes from Becky M. in SoMa who asks: When I was dropping my daughter off at elementary school last week, I drove up the street next to the school. It’s a narrow road with one lane in each direction. I was waiting in line for curbside drop-off when a yellow school bus stopped in front of us and turned on its red flashing lights. I stopped behind the bus and waited, even though I could have passed the bus in the lane for oncoming traffic. All the other cars behind me started honking and passing the bus on the left side. I was in a rush to drop off my daughter, but I waited for the lights to stop flashing before I went ahead and dropped her off. I thought I was supposed to wait behind the bus, but no one else was waiting, did the law change?

Thank you for your question, Becky.

The law has not changed. You did the right thing by stopping for the bus and remaining stopped until the bus turned its flashing lights off. California Vehicle Code section 22454(a) requires:

“[t]he driver of any vehicle, upon meeting or overtaking, from either direction, any school bus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal … visible from the front or rear, shall bring the vehicle to a stop immediately before passing the school bus and shall not proceed past the school bus until the flashing red light signal … cease[s] operation.”

Simply put, this means that when the bus stops and flashes its red lights, located at the top front and back of the bus, you must bring your car to a stop, even if you are traveling in the direction opposite the bus. You must stop with enough clearance to allow for children to safety cross the street in front of the bus. You also must stay stopped until the bus turns off its red flashing lights, even if you do not see any children crossing the street. While it might seem inconvenient to stop and stay stopped for such a long time, this is an important, life-saving rule. When the bus is stopped with its red lights flashing, it means that children are either getting on or off the bus and are likely to be crossing the street. Because the bus is large and the children are small, your view of the children crossing may be obstructed.

The consequences for breaking this law can be astronomical — your careless decision could take away a precious, young life. Even if you are lucky enough not to harm a child while passing a stopped bus with flashers activated, your selfish act can earn you a $1,000 fine and a 1-year license suspension.

With school back in session for Fall, it is a good time to remind ourselves to slow down, be patient, and drive safely. Here are a few good rules of thumb to help keep school children safe:

  • School Zone Speed Limits: Drivers should always observe reduced school speed limits, typically 25 mph or even as low as 15 mph. Watch out for school crossing guards and follow their instructions.
  • Watch for Pedestrians and Bicycles: Drivers should be extra vigilant in keeping an eye out for children walking, biking, or scootering to school. Young children riding bikes or scooters can be unsteady, unpredictable, and are often inexperienced.
  • No Distractions: Keep your eyes on the road rather than on your phone or any other device. Taking your eyes off the road for just two seconds means that you may not see a child crossing in front of your car.
  • Talk to your Child: Teach your child to be safety-conscious. Remind your child to keep a proper lookout for cars in the roadway, be alert while crossing the street, and make sure that drivers see you/acknowledge your crossing. Also, remind your child to be aware of cars entering driveways or backing up.

If you were injured in an accident caused by a careless driver, you have the right to seek compensation for your economic and non-economic damages. Economic damages include items such as property damage, medical bills and lost wages; non-economic damages include things like pain and suffering, physical impairment and inconvenience. It is important to retain a skilled trial attorney to ensure that you receive full and just compensation for your injuries.

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Do I Need a Lawyer Near Me if I was Involved in a Car Accident Out of State?

Written By Christopher Dolan and Jeremy Jessup

This week’s question comes from D. Conger from San Bruno who asks: While traveling in Washington, I was involved in a motor vehicle collision that resulted in injuries. The funny thing is that I found out the person who struck my vehicle was from San Jose.  I had initial treatment in Washington and more once I returned home. In addition, I have missed a substantial amount of time from work. I would like to seek compensation for this collision but don’t have the energy to try and find an attorney up there. Do I have to have an attorney from the state of Washington represent me?  

Dear D.,

I am sorry to read about your ordeal and wish you a speedy recovery. With the summer months upon us, research shows that summer travel is returning to pre-pandemic levels. The most recent data on summer travel suggests that it will be busy this year, as a recent survey from The Vacationer found that nearly 81 percent of Americans were planning to travel. According to Janeen Christoff of Travel Pulse, road trips remain one of the most popular forms of travel in a post-pandemic world. The nearly 80 percent of travelers who said they were going to take a road trip make up approximately 206 million Americans. Almost 20 percent will travel more than 500 miles from home by car. Also, nearly 7 percent say they will take road trips more than 1,000 miles from home.

With all those people on the road, collisions are bound to occur across state lines.

The simple answer to your question about whether you need local counsel, is that it depends. In most cases, while you live out of state, you may need to hire an attorney licensed in the state where the collision occurs to represent you. However, that is not always the case.  

The correct venue (the county or district where a case must be heard) is one of two places. It is where the injury-causing event occurred, in this case, the motor vehicle collision, or where the defendant resides.  If one were to elect where the defendant resides for your case, that would be Santa Clara County, here in California. In that case, you would not need to find an attorney up in the state of Washington. However, the important thing to remember is that in most cases, the laws of where the collision occurred would still apply; in this case, that would be the state of Washington. Some attorneys are comfortable dealing with the laws of other states, and some are not. 

However, let’s assume that the defendant was a resident of the state of Washington. Again, local counsel would be required, but you could still hire someone from California. In that case, the attorney, if they agreed, could seek to get “pro hoc vice” (Latin for “on this occasion”) into the State of Washington. If the court grants the motion, the California attorney, with the supervision of the local attorney, would be granted a temporary license to practice in the state of Washington, but only on your case. In most instances, the California attorney you select will already know someone in the other state, which is why they agreed to accept the case. You would not need to try and find two attorneys. 

With the advancement of technology and courts allowing for remote appearances, it is now as easy as ever for attorneys to represent clients in different states. For example, all attorneys at our firm are licensed in California. However, some are licensed in Oregon, Washington, Georgia, Arizona, Texas, and Massachusetts. We have handled all aspects of litigation in these states, including trials in some. 

Finally, an attorney in California may hold licenses in other states, allowing them to practice in multiple jurisdictions.  Essentially, this means that even though the attorney of your choice resides in one state, if they hold a license in another, they can freely practice there, as if they were local. 

Remember, no matter who you choose to represent you, be sure to document everything, lost earnings, medical treatment, and symptoms, and provide them to your attorney. As a team you will work together to get the best result.   

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Commercial Trucks on California Highways: Are Truck Drivers Specially Trained?

Written By Christopher B. Dolan

This week’s question comes from Steve, who asks: I’m originally from Southern California and now live in the Bay Area. I often visit family in Los Angeles and drive interstate 5 depending on traffic conditions, this drive can take me 7-8 hours. During my years of going and visiting my parents, I have seen several commercial truck accidents and have become concerned to the point where I try to stay far back or far ahead of any commercial truck. Some trucks can move rapidly into lanes, and I have seen some trucks swerve back and forth, almost causing a car crash. Are truck drivers specially trained? Is there a California hotline I can call to report bad truck drivers? What should I do if I am involved in a truck accident? Should I get a truck accident lawyer?

Hello Steve, thank you for your questions. You are right to feel concerned about driving around commercial trucks, and I encourage you to continue practicing the safe driving habits you describe. It is reasonable to feel the need to keep your distance from commercial trucks. In California, more than 3,000 truck accidents result in injuries every year, and approximately 300 Californians die annually in collisions with large trucks. The sheer weight and size of commercial trucks make them formidable figures on highways and the drivers in control of them should be held to a high standard to maintain safety on our roadways. 

So, what are these safety standards?

The California Department of Motor Vehicles (DMV) and the US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) regulate commercial trucks in California. FMCSA was established in 2000 with the primary mission of preventing commercial motor vehicle-related fatalities and injuries. The FMCA holds commercial drivers to a higher standard than ordinary drivers because of the risk of injury and death that comes with operating a large truck.

FMCSA requires any commercial truck driver to obtain a Commercial Drivers’ License (CDL) before they can operate commercial trucks on the road. To apply, CDL applicants must pass medical testing, vision testing, have their driving record checked, and complete 15 hours of behind the wheel training. To get a CDL, applicants must pass skills and knowledge tests geared to these higher standards. California DMV imposes additional requirements for applicants of a CDL in California.

How are truck drivers held accountable for failing to adhere to the higher safety standard?

It is vital for professionals and commercial truck drivers to be held accountable. Accountability occurs through the FMCSA and local authorities. Drivers with a CDL must adhere to the standards set forth by these regulators because failing to stick to these standards raises the risk of serious injury and death.

If you witness unsafe driving by a commercial vehicle, you can submit a complaint to the FMCSA Safety Violation Hotline (1-888-DOT-SAFT) (1-888-368-7238) from 5 am‒5 pm PST, Mon‒Fri. The FMCSA also has a portal for the public to report unsafe driving through the National Consumer Complaint Database. To file a complaint online, click here.

Or you can call the California Highway Patrol and file a report with them. Also, many commercial trucks will have a phone number or website on the back of their vehicle to file a complaint about their driving directly to their employer. 

What should you do if you are in a truck accident?

The first thing you should do, if possible, is getting to a safe location off the road and away from moving traffic to prevent further injury. You should call 911 as soon as possible. 

Make a report of what happened to the police. Collect the insurance information of the truck driver and other drivers involved.

Document everything at the scene of the accident. Take photos and video of the scene and any damages and injuries. Keep track of bills, costs, repairs, and medical costs. The more detailed your records are of costs, bills, repairs, etc., the better off you will be in obtaining compensation for those damages. 

Avoid discussing the accident with others, including insurance adjusters. Some insurance companies may reach out to you and ask you for a statement. You do not have to speak with the insurance company, and it is best that you leave that up to an experienced truck accident lawyer who is aware of pitfalls and can advocate for your rights.

After getting in an accident with a large truck, who’s to blame may seem straightforward. But, several different parties can be liable for a truck accident, including a negligent truck driver, a trucking company, or even a manufacturer who produced faulty parts. One of the most critical steps in obtaining compensation is to thoroughly investigate the causes of the incident to identify all responsible parties and uncover evidence of their wrongdoing.

Once insurance companies identify the at-fault parties, the work of obtaining compensation begins. Despite what insurance companies may portray, truck accident victims’ damages can go far beyond just their medical bills. Compensation is determined from economic and non-economic damages depending on the circumstances of the injuries and how it impacts the victim(s). Trucking and insurance companies have enough money to compensate you for your injuries, but they also have a big budget to spend on legal representation so they will not have to.  

When someone is seriously injured, or a loved one is killed in a truck crash it should not have to be an uphill battle to get the support needed to recover. Unfortunately, these large insurance and trucking companies have made the path to recovery a challenge. If you are ever in a truck accident, you should find a lawyer who knows how to negotiate with these companies and navigate you through the legal process to put you in the best position possible to have a healthy recovery. 

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