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.
Petaluma, CA (October 15, 2016) – A pedestrian was walking west in the bike lane of the 500 block of Lakeville Street in Petaluma when he was hit by a 2015 Volkswagen Golf on Friday October 14, 2016 at around 7:45 p.m. He died the following day.
Recently I was approached by a prospective client, who, while walking along a busy San Francisco Street, was hit by a car in the crosswalk. She was thrown to the ground and sustained a fracture to her wrist and tailbone. The car took off and there was/is no way to identify it or the driver. She wanted to know if there was any way she could bring a legal action to recover the costs of her medical bills, which were in the thousands of dollars. She did not have health insurance, she did not own a car, nor was she on any applicable policy of insurance held by a family member which would have given her coverage.
I wish to pause from answering reader questions this week to highlight that the California Legislature has proclaimed September as both “Rail Safety Month” and “Pedestrian Safety Month.”
Let’s start with the topic of rail safety. Unfortunately, California leads the nation in annual rail fatalities. Part of the reason why there are so many fatalities is the known fact that it is extremely difficult to judge the speed of an approaching train. A Caltrain commuter train can reach a top speed of 79 miles per hour. A locomotive with five passenger cars can take a quarter-mile or more for the train to make a full stop. The average freight train takes a mile or more to stop.
