Today’s column continues where last week’s left off regarding legal responsibility for injuries caused by hazardously placed Bird, LimeBike and/or Spin electric scooters. Today, I will first discuss new legislation designed to reduce the risks these scooters present and next address responsibility for injuries caused when motorized scooters are driven on the sidewalk.
Tricia P. from South of Market asks: “I came out of my apartment front door and tripped over a Bird scooter and fell face first. I was able to catch myself on a nearby tree and wasn’t seriously injured but I could have broken my arm. Just a few days earlier someone was riding one of the green scooters and almost clipped me as I exited Starbucks. What gives? Who would be responsible if I had been smashed into or if I fell and broke my wrist?”
San Francisco, Ca ( November 11th 2017) – Teresa Gonzales, a South San Francisco resident was killed late Saturday night while crossing the street near the 200 block of El Camino Real. According to police reports, Ms. Gonzales was found lying unconscious in the street. Paramedics transported her to San Francisco General hospital, unfortunately she was pronounced dead upon arrival.
Fremont, CA (June 19th, 2017) – Sara Ojeda, 47, was fatally struck in a crosswalk last Wednesday morning(June 14, 2017) at the intersection of Fremont Boulevard and Capitol Avenue. The incident occurred around 7:30 am.
The Dolan Law Firm annually sponsors Bike to Work Day in the San Francisco Bay Area. As part of Bike to Work Day 2017, we published in the Examiner a “Bicyclists Bill of Rights.” This document is posted on our website at dolanlawfirm.com/bicyclist-rights
In response, Bryan from San Francisco writes, “Do you have a Pedestrian Bill of Rights? I appreciate your efforts on making streets safer for bicyclists but what about pedestrians. I am disabled and walk with a walker. I was walking on Bayshore and barely missed by a bicycle riding quickly on the sidewalk. He came up from behind me on the sidewalk when there is a bike lane right there. Bicyclists need to obey the laws if they expect drivers to obey the laws.”
Oakland, CA, (June 9, 2017) – Robert Bennett was killed on the morning of Friday, June 2, 2017 while crossing the street at Harrison and 23rd Street. An Oakland Police Department spokesperson stated Bennett was hit by a dark grey Chrysler van traveling northbound on Harrison.
Three years ago the New York Times covered the tragic death of Sophia Liu, the first pedestrian killed by a negligent Uber driver. Uber asserted it could not be liable for the collision that occurred on December 31, 2013, because its driver was not transporting a passenger at the time of the collision. Uber’s assertion that it bore no legal responsibility, if successful, would have been devastating for the Liu family. The driver had only the minimum insurance on his personal policy and no other assets. The bill for medical services alone for the family exceeded $500,000.
Ten people were hurt, including two suffering life-threatening injuries, on Friday afternoon, December 16, 2016, when a car crashed into a MUNI bus stop in the 800 block of Stockton Street (near Sacramento Street).
Jordyn Molton, a 13-year-old girl from Pittsburgh, California, died Sunday, December 4, 2016, after she was struck by a car while crossing the intersection of Harbor and School Streets near Pittsburgh High School.
Keep our children safe tonight. More than twice as many children are killed in pedestrian/vehicle incidents on Halloween between 4:00 pm and 10:00 pm as compared to the same hours on other days throughout the year, according to theNational Highway Traffic Safety Administration.