Football Players Are Not the Only Ones That Can Get Hurt

Written By Chris Dolan and Megan Irish

This week’s question comes from a Football fan Trace from Marin County, CA, who asks: My husband and I are ready to watch football. During this season we spend time with family and friends rooting for our NFL teams, our grandkids flag teams and our local high school football team.  Yes, we like football. We’ve got tickets for a game at Levi Stadium ( Seahawks v. 49ers ) and cannot wait for November. We are really looking forward to the game at Levi! With all the excitement in the stands and crowds, what happens if one of us gets hurt at a game? I know I get excited, but I have seen people really get into it and maybe over do it. 

Dear Trace,

It’s that time of year again when we all break out the chips and dip and coolers with all the great snacks, don the jerseys of our favorite players, and tune in for some football. It’s great that you two will go out to support your grandkids with their sports teams! Be sure to put on those school colors. Whether watching live at a stadium after a tailgate lunch, at a sports bar, or from your friend’s couch, it’s a time to cheer for your team! Regardless of where you guys are watching, fans can suffer personal injuries at a game. So, if one of you gets hurt, consider the following:

  • Were you watching the game at a stadium?  If so, who owns the stadium and surrounding land? Sometimes, a governmental entity owns, manages, or controls the local stadium.  If so, you may have a short statute of limitations to bring a claim since it is only six months. 
  • Also, if your stadium or field belonged to the government, did the injury occur because of a dangerous condition on the public property, or did some third party’s actions cause the injury?

To succeed against the government in a personal injury claim from a game time event, you must show a dangerous condition on public property. To prove a dangerous condition, you must show that: 

  • The governmental entity owned and/or controlled the property, 
  • That the property was dangerous at the time of the injury, 
  • That the dangerous condition created a foreseeable risk of the kind of injury that occurred,
  • Either an employee’s conduct created the condition, or the entity knew or should have known about the dangerous conditions and had the opportunity to correct them but failed to do so. You were harmed, and the condition was a substantial factor in causing your harm.  

If you witness an injury, snap some photos of the area where it occurred, as it may be important evidence of the condition of the area. If you are the injured party, ask a friend, family member, or witness to take photographs and share them with you.   

If you were at a sports bar or a friend’s house, you likely have a longer statute of limitations of two years, but you will still need to submit a claim with the proper insurance company promptly. To bring a claim against a sports bar and/or a friend’s homeowners’ policy, it is called a premises liability claim and would require you to show that: 

  • The defendant owned, leased, occupied, or controlled the property, 
  • That the defendant was negligent in the use of the property or its maintenance, 
  • That you were harmed and 
  • That the defendant’s negligence was a substantial factor in causing your harm.  

Regardless, if you or someone you know is injured at a game, seek the appropriate medical care to get better.  

Another concern with the return of football is the increase of people who will drink and drive. According to the statistics the California Department of Motor Vehicles kept, there are over 1,000 DUI-involved fatalities each year in California. There are over 100,000 arrests each year for driving under the influence. With football games being a natural and regular place to partake in alcohol, have a designated driver or alternative way to get home instead of drinking and driving.  

Nonetheless, sharing the fall season with family and friends and a camaraderie for the game is great. Chips, dips, chicken wings, and sweets, and whether you put on red, gold, silver, black, or local high school colors, be safe, cheer loudly, and enjoy the game. 

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Ridesharing Safety Tips

This week’s question comes from Helen from San Jose, CA, who asks: I sometimes take an Uber or Lyft to sporting events and concerts because it is very convenient. Sometimes the rides feel awkward because I’m getting into a stranger’s personally owned vehicle. On one occasion, the driver ran a red light. It bothered me, but I did not say anything. I should have. Do you have safety tips while being a passenger in an Uber or Lyft? 

Hi Helen, 

Yes. There are things you can do to ensure your safety. Here are Dolan Law Firm’s Top Tips for Safety when using any rideshare service like Uber or Lyft.   

  • Utilize the ratings. Always look at a driver’s ratings once the app connects you with a driver. Once matched, you will have the driver’s name, photo, and ratings. Do not accept rides from a driver with low ratings.
  • Request your ride from a safe location. You should always request the ride from inside and from somewhere safe. Especially when alone, you should remain inside until your driver arrives.
  • Always keep your phone with you. Do not request the ride from a phone (yours or someone else’s) and then get into the Uber or Lyft vehicle without a phone on your person.
  • Make sure to get into the car in a safe location that you set. Never run across the roadway, jaywalk, or otherwise cross traffic or endanger yourself by getting into an Uber or Lyft vehicle. Always set the pickup location in an area that allows for your safe loading and ensure the driver picks you up in that location. This guideline ensures your safety and makes sure your driver has the correct information.
  • Uber and Lyft show you the driver’s name, vehicle model and color, and license plate number. Ensure the driver’s license plate matches the driver you are connected to on the app. If the car matches but not the driver, you should cancel. Likewise, if the driver matches the photo, but the vehicle is different, you should cancel the ride.  
  • Always ensure you are getting in the correct vehicle with the correct driver. As the vehicle is approaching the customized pick-up location, always compare the approaching vehicle with the vehicle information provided in your Uber or Lyft App.  Be sure that all the vehicle’s information (make, model, color, and license plate number) match exactly the vehicle picking you up according to what is on your app. Also, when the driver pulls up, asking the driver to state who they are picking up is best. So, you should always ask, “Who are you picking up?” Don’t offer your name. Likewise, always ask the driver to tell you his or her name and ensure it matches the name of the driver you were matched to per the App. 
  • Sit in the backseat and on the passenger side.  his gives you space from the driver and the ability to exit the vehicle if needed. Also, confirm before the ride starts that child safety locks are not engaged and that you can open the rear passenger doors.  
  • Always be aware of your surroundings. You should use your own GPS to monitor and follow along during your ride to make sure your driver is traveling in the right direction, especially if you are somewhere you are not familiar with.
  • Share your location with friends and/or family. There are multiple ways you can do this. First, Uber allows you to share your trip status with others in the app, and the contacts you select will receive a text or push notification that tracks your trip and the estimated arrival time. For Lyft, you can add your trusted contacts to your safety settings. This allows others to see where you are located. Even if you don’t use these features through the Uber and/or Lyft Apps on an iPhone, you can also share your location with others. Alternatively, you can text or call a loved one to notify them of where you are getting in the vehicle, the driver’s information, the vehicle information, your ETA, and your destination. Sending a screenshot of the app can be an easy way to send the information with minimal typing or switching between apps. It does not matter how you do it, but advising others of your whereabouts is important to ensure you arrive at your destination safely.  
  • Never share your information with the driver.  You should keep communications through the App. Do not call or text outside of the App. This keeps your information anonymous. Also, you should not give any personal information to a driver, even if they seem friendly or nice.  
  • If you are intoxicated or unable to care for yourself, do not ride alone.  
  • If you feel unsafe, call for help by calling 911. Lyft has a critical response team that is always available. Uber also has a 24/7 response team. 
  • Rate drivers, write reports, and submit complaints if you have a bad experience with a driver. This is necessary for everyone utilizing rideshare companies to remain safe, so Uber and Lyft are notified of dangerous and unsafe drivers.
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Who is responsible for damage caused by a stolen vehicle?

Written By: Chris Dolan and Eric. St. John

This week’s question comes from Trisha from San Francisco, CA, who asks: I saw a car speeding away from a police run into a fire hydrant and almost hit several people. It turns out it was a stolen car, and the thief ran away from the scene. If someone steals my car and uses it to damage private or public property, will I have to pay for that? Who pays for this type of damage? What if a driver of a stolen car injures me?

Hi Trisha, 

On average, in California, nearly 200,000 vehicles are stolen each year. Generally, a real vehicle owner would not be liable when their vehicle is stolen and used in some other negligent or intentional act that harms people or property. To be responsible for someone else’s actions with your motor vehicle, you must have caused the damage in some way, which is rare, or you entrusted (gave permission) to the thief to use your vehicle, which is highly unlikely. 

In California, vehicle owners can be held liable for the actions of a third party if they entrusted, or gave permission to use, the vehicle to a third party who is unfit to drive, and that third party then harms someone or something. Entrustment is one way you may be liable for your vehicle being stolen and causing damage. This is one of many reasons why it is recommended to file a police report as soon as you learn that your vehicle has been stolen. Then, file a claim with your insurance company, notifying them of the theft and any damages that may have been incurred to your property. You do not want people to think you gave the thief permission to use your car.

If you are not liable for your vehicle harming others, then who or what is liable? Well, typically, the first place an injured party would look is to the driver. In this case, a thief can be liable for the damage they cause, but in most scenarios, the thief is either:

  1. unable to be found,
  2. uninsured, or
  3. has no money to pay for the damage they caused. So even though they are liable for the damages, the parties involved should be looking elsewhere to get compensation for any damages they incurred.

Which leads us to a very important part of your question, who pays for this type of damage?

Who pays for damage caused by a stolen vehicle depends almost entirely on what type of insurance policies the involved parties have and what those insurance policies cover. The first option would be to seek coverage through any of the thief’s insurance policies if they have any. This is done by setting up a claim with their insurance. The victim of the theft can file a claim for property damage, and the victim of any injuries caused by the driver of the stolen vehicle can file for personal injury and property damages. If it gets complicated, you should talk to an attorney who can help you navigate the insurance world. 

In most cases, the thief either has no coverage or does not have enough coverage, so the parties involved will have to look to their insurance policies to find coverage. In some circumstances, the injured parties don’t have any recourse for the damages to be covered. If this is the case, speak to an attorney to see if anything may exist before giving up. 

Most commonly, especially in California, people carry vehicle liability insurance. Liability insurance generally covers bodily injury and property damages caused to other parties when you are at fault in a collision. This insurance type does not cover your damages when you are liable and does not typically apply to a stolen vehicle in any situation. 

Another form commonly found within liability insurance is Uninsured / Underinsured motorist coverage. This acts similarly to liability insurance but can cover you when someone else causes injury to you but does not have enough insurance to cover the costs. If a thief driving a stolen car damages someone else in an accident, the company insuring the stolen car will not compensate the injured party because the car was taken without consent. With uninsured/underinsured motorist coverage, the injured party’s insurance company may pay the costs to them if coverage applies. If you are injured by a negligent driver of a stolen vehicle, this insurance will likely cover you. But, if your vehicle is the stolen property, it is unlikely that this will cover the damage to that car. 

Collision coverage is a type of insurance that may be able to cover your property damages in the event of a stolen vehicle but is unlikely to cover others’ damages and certainly won’t cover any possible medical expenses from the incident. Comprehensive insurance offers coverage for theft and damages not caused by a collision. This would cover you, but not others, for the cost of repair or replacement if your vehicle is stolen. 

The result of a stolen vehicle causing damage is often stressful and difficult to navigate. Although insurance may cover the damage, it tends to be an uphill battle to find any coverage when the damage is caused by a criminal act. We recommend talking to an attorney who is experienced in this field if it ever occurs to you. 

For more information on insurance, click here. 

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Safety Tips for Electric Scooters

Written By Chris Dolan and Monica La

This week’s question comes from Ben from San Francisco, CA, who asks: As I walk around the city, I have to move out of the way of people riding E-scooters on the sidewalk. Why are they allowed on city sidewalks? Do we have regulations that apply to E-scooters like we have for bicycles? For everyone’s safety, it would seem reasonable for people riding E-scooters to keep to the bicycle lanes and wear helmets.  

Hi Ben, 

Thank you for your question. Micromobility has been on the rise for some time and continues to maintain its popularity as it provides an alternative way for people to achieve their transportation needs, especially in cities like San Francisco, where operating a motor vehicle may not be the most convenient. Electric scooters (“E-Scooters”) are among the many popular and ecologically friendly options contributing to micromobility. However, as its popularity surges, pedestrian safety becomes a concern due to increased pedestrian accidents involving E-Scooters.    

Like bicycles, E-Scooters have their own regulations that riders must adhere to maintain safety and prevent injuries and accidents to themselves and others around them, including pedestrians like yourself. Below are some important California Vehicle Codes (“CVC”) that one must obey when operating an E-Scooter in San Francisco:

Speed limits

  • CVC § 22411 does not allow the operation of an E-Scooter at a speed in excess of 15 miles per hour on all highways, including bikeways, regardless of a higher speed limit applicable to the highway.
  • CVC § 21235(b) does not allow the operation of an E-Scooter on a highway with a speed limit in excess of 25 miles per hour unless the E-Scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour.

Minors must wear helmets

  • CVC § 21235(c) prohibits the operation of an E-scooter without wearing a properly fitted and fastened helmet. Recent California legislation only requires those under 18 to comply with this subsection of the vehicle code. However, this does not endorse the operation of a motorized scooter without wearing a helmet, as using a properly fitted helmet can reduce the chances of head injuries in an accident.

License or Permit to Operate

  • CVC § 21235(d) requires a valid driver’s license or instruction permit to operate an E-Scooter.

No Tandem riding

  • CVC § 21235(e) prohibits the operation of an E-Scooter with any passengers in addition to the operator. This means that double riding is not allowed, either with another person in the back or in front of the operator while operating the E-Scooter.

Stay off the sidewalks

  • CVC § 21235(g) prohibits the operation of an E-Scooter on a sidewalk. However, exceptions apply when the operator must enter or leave adjacent property. 

Utilization of bike lanes 

  • CVC § 21229 provides the rules of the road, which require E-Scooters to be operated in a class II bicycle lane when it has been established on a roadway and available.
  • Class II Bicycle Lanes are located on the right edge of a street and have a solid white line on each side. It usually has a bicycle symbol inside the white borders and accommodates one-way riding.

However, exceptions allow an operator of an E-Scooter to move out of the lane under any of the following scenarios: 

  • When overtaking and passing another vehicle or pedestrian within the lane or when about to enter the lane if the overtaking and passing cannot be done safely within the lane.
  • When completing a left-hand turn
  • When reasonably necessary to avoid debris or other hazardous conditions.
  • When approaching a place where a right turn is authorized.

In addition, The San Francisco Municipal Transportation Agency (“SFMTA”) launched a Scooter Safety Campaign in May of 2023 to promote safe and responsible E-Scooter use within the city. SFMTA’s Scooter Safety Campaign applies to both permitted scooter share devices and privately operated scooters. Below are some key takeaways to note:

  • Sidewalk riding is illegal. 
  • Powered Scooters may not exceed 15 mph.
  • Tandem Riding is illegal.

To summarize, not only is it reasonable, but it is required by California traffic laws that E-Scooters keep within bicycle lanes where available, which means that one cannot operate their E-Scooter while on the sidewalks. With regards to wearing a helmet when operating an E-scooter, it is required by law that those under 18 years of age wear one. However, regardless of your age and whether the law requires you to, it is in everyone’s best interest to maintain safety practices when operating an E-scooter, including wearing a helmet.  

If you are an individual who sustained injuries due to an E-Scooter accident, you may be able to claim damages by seeking legal help from Dolan Law Firm. For more information, you can click here.

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Who is Responsible for collisions involving driverless vehicles using AI?

Written By Chris Dolan and Cioffi Remmer

This week’s question comes from Leo from San Francisco, who asks: Now that self-driving cars are becoming a reality, who bears the responsibility for collisions involving driverless vehicles? Are there any laws protecting citizens?

Dear Leo,

Driverless cars, indeed, are becoming a reality. Over the last few years, self-driving vehicles have surged to the forefront of technological innovation, promising to revolutionize how we commute and interact with transportation. Driverless vehicles have undergone significant advancements in testing and production using artificial intelligence (AI), sensor technologies, and cutting-edge computing power. Major automotive industry giants and startups have been competing to bring this transformative technology to the masses, with the Bay Area leading the way.

For example, when companies like Waymo and Cruise test out their driverless taxis on city streets, the question that almost always comes up is, “Who is responsible for collisions involving driverless vehicles?”

Autonomous or driverless vehicles are supposed to have the advantage of obeying all road laws, having more reaction time, and the ability to avoid collisions. However, as of July 10, 2023, the California DMV had received 623 Autonomous Vehicle Collision Reports.  

It is usually the case that technology outpaces legislation. Our legislatures have plenty of time to develop common sense rules and regulations for issues that foreseeably cause public tension. Health and safety are at the heart of most rules and regulations that govern technology and its interactions with the public. This concern would be tenfold in the case of thousand-pound motor vehicles without human control. Currently, in California, Autonomous Vehicles (driverless) are only allowed on public roads for testing purposes.  

The California legislature has attempted to codify some essential regulations for testing driverless vehicles, codified in the California Vehicle Code Section 38750. Imagine a scenario where an autonomous vehicle (AV) collides with another vehicle or pedestrian.  What would they require under California law?

  1. A properly licensed individual must operate the AV. That means there should be a person in the vehicle with a valid driver’s license or a remote operator who monitors the vehicle live if no driver is physically present. That operator must also have a proper, valid driver’s license.
  2. The manufacturer of the AV is required to have a testing permit and insurance in the amount of five million dollars ($5,000,000), of which proof thereof is to be maintained in the vehicle.
  3. A plan with law enforcement agencies and first responders on interacting with the vehicle in emergency and traffic enforcement situations, which includes, but is not limited to, instructions on:
    • How to communicate with the remote operator (who must always be available);
    • Where in the vehicle is the proof of registration and proof of insurance;
    • How to safely remove the vehicle from the roadway;
    • How to disengage autonomous mode.
  4. Once law enforcement arrives, they must follow their plan to interact with Autonomous Vehicles. For example, the San Francisco Police Department has a current directive on interacting with autonomous vehicles. SFPD is required to document both injury and non-injury crashes involving an AV, whether physically operated or remotely monitored, using the CHP555 collision report, which they forward to the Commercial Vehicle Unit. 
  5. Within ten (10) days of the collision, whether it resulted in damage of property or bodily injury or death, the manufacturer must also report the incident to the Department of Motor Vehicles after the collision.  

Ultimately, who is responsible? Like any roadway collision, this is usually determined by figuring out who is at fault. One of the advantages of AVs is that there is audio and video recording at all times, and usually electronic data or telemetry. But determining fault may or may not be as simple as reviewing video or looking at electronic data. In either case, the manufacturer would likely submit the claim to their insurance carrier. If you’re involved in a collision with a driverless vehicle, it is critical to report it to law enforcement and your vehicle insurance carrier. If you’ve been injured in the collision, contact an attorney to help determine your rights.

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Cycling Accidents Are on The Rise

Written By Chris Dolan and Anna Pantsulaya

This week’s question comes from Leo from San Francisco, CA, who asks: Since more people are cycling for health, environmental, and many other reasons, how can cyclists lessen their chances of being killed on the road? 

Hi Leo,

That’s a great observation. Each year, the world witnesses an increasing number of cyclists taking to the streets, embracing a sustainable and healthy mode of transportation. However, amidst this surge in popularity, a dark and unsettling reality looms large–the rising number of cyclist deaths. The streets we envisioned as havens for cyclists are turning into danger zones, and we can no longer ignore the devastating consequences. The urgency to address this issue has never been more pressing. Let’s dig into the alarming rise in cyclist deaths and explore the staggering statistics related to cyclist deaths on our roads.

Cycling on the streets, while promoting a healthy and eco-friendly lifestyle, is not without its hazards. Cyclists face numerous dangers that put their lives at risk every time they venture onto the roadways. The lack of designated cycling infrastructure in many cities forces cyclists to share space with motor vehicles, resulting in a constant battle for space and visibility. Inadequate or poorly maintained bike lanes and reckless driving habits increase the chances of collisions and accidents. Additionally, distracted driving, speeding, and a general lack of awareness among motorists about sharing the road with cyclists contribute to the perilous conditions. Unpredictable weather, road conditions, and limited lighting further amplify the risks. The hazards of bicycling on the street are real and demand immediate attention to ensure the safety of cyclists and create a harmonious coexistence between all road users.

According to a recent report from the National Highway Traffic Safety Administration (“NHTSA”), in 2021, a staggering 966 cyclists lost their lives in traffic accidents. This unfortunate statistic represents the highest number of cycling fatalities in a single year since 1975. Moreover, it highlights a concerning trend of yearly increases in cycling deaths nationwide. The NHTSA also reports that the number of pedal cyclists injured in traffic crashes reached 41,615 in 2021 – a 7% increase from 2020.

When analyzing data from the NHTSA and the U.S. Census Bureau, it becomes evident that there was an average of 2.7 fatal bicycle crashes for every million U.S. residents between 2017 and 2021. This figure represents a 5% increase compared to 2012-2016. In 2021 alone, cycling fatalities were reported in all 50 states, with more than half of the deaths concentrated in the top five states: Florida, California, Texas, New York, and Arizona.

Ensuring personal safety should be a top priority for cyclists when navigating the roads. By adopting a proactive approach and following essential safety measures, cyclists can greatly reduce the risk of accidents and protect themselves from harm. Firstly, wearing a properly fitted helmet is crucial to safeguarding against head injuries. Additionally, cyclists should invest in reflective clothing and accessories, making themselves more visible to motorists, especially during low-light conditions. Obeying traffic rules and signals is essential, as it helps maintain predictability and enables other road users to anticipate the cyclist’s movements. Staying vigilant and constantly scanning the surroundings for potential hazards is also vital. Regular bike maintenance, including checking brakes, tire pressure, and lights, ensures optimal performance and reduces the likelihood of mechanical failures. Lastly, cyclists should choose routes with dedicated cycling infrastructure, such as bike lanes or paths, to minimize exposure to motor vehicle traffic. By adhering to these safety guidelines, cyclists can significantly enhance their well-being and enjoy a safer riding experience.

When injured in a cycling accident, contacting an attorney is crucial in protecting one’s rights and seeking appropriate compensation. The aftermath of a cycling accident can be physically and emotionally overwhelming and dealing with insurance companies and legal processes can be complex and daunting. By consulting an experienced attorney specializing in personal injury cases, cyclists can gain invaluable guidance and support. An attorney can navigate the legal complexities, investigate the accident, gather evidence, and build a strong case for the injured cyclist. They possess the knowledge and expertise to negotiate with insurance companies, ensuring that victims receive fair and just compensation for medical expenses, property damage, lost wages, and pain and suffering. Moreover, attorneys can provide invaluable advice on interacting with insurance adjusters and help protect victims from potential tactics used to minimize their claims. Ultimately, enlisting the services of an attorney empowers injured cyclists to assert their rights, level the playing field, and obtain the legal recourse they deserve for their injuries and losses. 

With a wealth of expertise in handling cases involving injured cyclists, the legal professionals at The Dolan Law Firm possess extensive experience in this field. If you or a cherished family member have suffered injuries in a cycling accident due to the negligence of another party, we encourage you to approach our skilled attorneys for assistance confidently. Rest assured that our team is well-equipped to provide you with the support and legal representation necessary to seek justice and fair compensation for your circumstances.

For more information on Dolan Law Firm, you can go to Dolanlawfirm.com. To read more articles on our blog, visit us at www.dolanlawfirm.com/blog.

Christopher B. Dolan is the owner of the Dolan Law Firm. Anna Pantsulaya is an associate attorney in our Los Angeles, CA, office. We serve San Francisco Bay Area and California clients from our San Francisco, Oakland, and Los Angeles offices. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.

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Crashes Caused by Police Pursuits: Who is at Fault?

Written By: Chris Dolan and Kimberly Levy

This week’s question comes from Roberto from San Francisco, who asks: Do police officers or police departments have liability for crashes or injuries caused during police pursuits?

Hi Roberto,

It depends on the specific facts involved. There are several sections of the California Government Code as well as the California Vehicle Code that address these kinds of situations. So, let’s look at some fact patterns. Suppose a police officer engages in a vehicle pursuit with a person (also in a motor vehicle) who is suspected of having just robbed a bank and, during the pursuit, the suspected bank robber crashes their car and injures another person who was not involved in the pursuit. In that case, the police officer and their department generally will not be liable for that person’s injuries. California Vehicle Code Section 17004.7(b) is clear in this regard.

But what if the officer crashes their patrol car during a vehicle pursuit and injures a bystander? Let’s say an officer is pursuing a suspected criminal, and during that pursuit, the officer engages in conduct that may be reckless or negligent. Police pursuits are fast-moving situations, requiring officers to make split-second decisions, often with limited or little information. However, the California Vehicle Code requires ALL drivers on the road to operate their vehicles in a safe and reasonable manner, obeying all rules of the road, including police and emergency vehicles. There are exceptions for police pursuits, fire engines on their way to a fire, ambulances taking a critically ill patient to the hospital, etc. But there are requirements for these exceptions, such as operating lights and sirens to warn those in the area that such circumstances are occurring.

If an officer decides to engage in a vehicle pursuit, one can look at whether that decision to pursue was made in a reasonable manner. Generally, the decision to pursue a vehicle affords the officer a certain amount of immunity as they are making that decision in the course and scope of their employment as a police officer. Things can get interesting in examining the officer’s conduct during the pursuit.  

For example, assume an officer in a patrol car is chasing a suspected criminal who is riding a motorcycle. The fleeing suspect on the motorcycle turns into a crowded farmers market with an extremely narrow path of travel down the middle, not enough room for something the size of a car or SUV.  Suppose the officer, seeing the crowded conditions of the farmers market, decides to turn into the crowded area to pursue the fleeing suspect and hits and injures bystanders not involved in the pursuit or crashes into some vendor tents. In that case, that is a decision and an act that most reasonable people would consider negligent. And, if the officer’s actions during the pursuit are considered to be negligent, then that officer and his department will likely have some liability for those injuries and damages resulting from that decision and that conduct.

By contrast, assume the same fact pattern, but the officer does NOT pursue the fleeing motorcycle into the crowded farmer’s market. He instead radios dispatch for backup and informs them of the suspect’s last known location. But then the motorcyclist crashes while speeding through the crowded marketplace and injures bystanders and causes property damage. Because the officer acted in a manner that most people would consider reasonable, it is unlikely that the officer or the department would be liable for those injuries or damages. Once again, the California Vehicle Code Section mentioned above would control.

In answering these questions regarding police pursuits, courts will generally break the pursuit into sections and examine each section and decision made. An officer can have acted reasonably in some sections of a police pursuit but negligently in others.

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Can Technology Solve the DUI Problem?

Written By Chris Dolan and Jeremy Jessup

This week’s question comes from Annie from Oakland, who asks: I recently read an article about the Simmons family out of Louisiana, their tragedy, and how the family is taking steps to educate teenagers about the perils of drinking and driving. That story, coupled with the fact that the July 4th holiday is upon us, had me thinking; with all the advancement of technology, why are there still drunk drivers on the road, and is July 4th the most dangerous day to drive?

Thank you for raising this question.

I, too, have read about the Simmons family, their loss, and their attempts to raise awareness. Unfortunately, their story is not as unique as it should be. Drunk driving remains a significant problem throughout the country, and certain days are more dangerous on the roads than others. 

Alcohol-related crashes are responsible for 30% of all U.S. traffic deaths, and in 2020, the most recent year data is available, was responsible for killing more than 11,000 people on the roads. That number has gone up by 14% since 2019, according to the National Highway Traffic Safety Administration.

MoneyGeek recently posted findings from an analysis they performed. They analyzed historical data from the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) to forecast 2023’s most dangerous days, weeks, and holidays for driving under the influence (DUI) in the United States.

Their key findings were as follows:

  • MoneyGeek forecasts 13,490 DUI fatalities in 2023.
  • The historical trend of DUI fatalities that drives the forecast has increased. 2021’s DUI fatalities are 23% higher than 2016’s and are at levels not seen since 2003.
  • Summer will account for 28% of drunk driving-related fatalities, making it the deadliest season.
  • The week of July 4th is forecasted to be the deadliest in 2023, with 311 expected fatalities.
  • On New Year’s Day, drunk driving-related deaths spiked 117%, making it the most dangerous holiday for drunk driving.
  • 60% of drunk driving-related fatalities happen on the weekends (Friday through Sunday).

According to MoneyGeek’s analysis, drunk driving incidents are prevalent every day of the week, but certain seasons bring out more than usual. For example, 28% of DUI-related deaths are projected to happen in the summer of 2023. Fall is close behind summer, coming in with 27%. Spring has 24% of DUI incidents, and winter, with 21%, is the least likely season to be involved in a DUI-related fatal collision.

The top five riskiest holidays for drunk driving are:

  1. New Year’s Day
  2. July 4th
  3. Thanksgiving
  4. Labor Day
  5. Memorial Day

As mentioned above, the likelihood of a drunk driver causing a fatal collision on New Year’s Day is 117% higher than on any other day of the week or season. Unlike other holidays, where festivities may last several days, New Year’s only lasts one night, with people returning home in the early hours of the following day. 

Based on MoneyGeek’s figures, July 4th is in a distant second position compared to New Year’s Day. On July 4th, your chances of encountering drunk drivers are 77% higher than the norm. With a risk of 55% higher than the trend, Thanksgiving is the third most hazardous holiday.

Labor Day is the fourth most risky holiday for drunk driving (54%), and Memorial Day is the fifth most risky holiday (51% more than average). On Christmas Day, fewer people tend to leave their homes; therefore, the likelihood of running into a drunk driver is 9% higher than usual.

Given the high rate of fatalities, which seems only to be rising, the question becomes, what is being done about this? Heather Geronemus, chair of the board for MADD, “believes that technology will ultimately solve the problem of drunk driving. We are working on Capitol Hill to support legislation such as the RIDE Act and HALT Act, which would direct the Department of Transportation to require new cars to have advanced technology to detect and stop drunk drivers.” She is not too far off.

Buried deep on Page 135 of a $1 trillion spending bill signed by President Biden in 2021 is a provision that by 2026, all new vehicles sold in the U.S. must have a system that will immobilize the vehicle, when drivers are under the influence of alcohol and if they are drunk. 

There’s only one issue: technology doesn’t exist for a widely used commercial application yet. As reported by Automotive News, the technology to passively detect if drivers may be drunk could be years away. However, efforts are underway to offer the tech as soon as possible. 

Asahi Kasei, a Japanese chemical and electronics company, may be closest to presenting a solution. They have had a Swedish subsidiary working on alcohol detection sensors for other applications for some time, according to AutoNews. This technology would automatically test a driver’s breath for alcohol and stop a vehicle from moving if the driver is impaired.

“To be honest, I think it took everybody by surprise, not only in our company but at all the OEMs and Tier 1’s that this legislation appeared,” Mike Franchy, North American director of supplier Asahi Kasei told Automotive News. 

Another company is working on a technology that could test a person’s blood alcohol level through their fingers. Again, this technology is far off.

As of now, it appears that auto manufacturers are trying their best to meet the 2026 timeline. However, even if the technology is there, it will take time to implement and cycle through the new cars. Hopefully, one day there will be no more articles to read like that of the Simmons family or for articles such as this to be written. 

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Summer Travel | Create a Safety Checklist

Written By Chris Dolan and Megan Irish

This week’s question comes from Pam from the East Bay, who writes: It’s summertime, and the kids are out of school. We will be hitting the road and seeing the sights all over California. Any tips or advice for us when we hit the road to be safe in our car?

Pam,

That sounds great. A family road trip can make memories to last a lifetime. Before you take to the roads, doing vehicle maintenance and understanding your route is a good idea.

The National Highway Traffic Safety Administration recommends many safety checks. Here are a few:

Check your air conditioning system, as it must work harder in the summer heat. Having air conditioning in good working order is not only a comfort factor but can be essential for children or older adults. Heatstroke can be a serious or deadly consequence of an overheated car.  Even with windows cracked, a car starts heating up, and outside temperatures as low as the 70s can quickly reach lethal levels.  Never leave a child, an older adult, or a pet in a car.

While under the hood for the air conditioning, look at the belts and hoses, as the warmer temperatures can cause the rubber and hoses to deteriorate. Also, check the connections, and secure any that may need tightening. Should the hoses and belts be cracked or bulged, it’s time to replace them. (If you are not familiar with these items have your local mechanic shop review this for you).

Are your fluid levels where they should be?  Check out the oil, brake, transmission, power steering, and windshield washer fluids.  Top up each reservoir as needed.

Look at the tires, and make sure they have sufficient tread. The tread should be at least 2/32” or greater on all tires.  You can use a penny to check the tread.  Place a penny upside down into the tread; if you can see the top of President Lincoln’s head, the tread is too thin, and it is likely time for new tires.  Is the wear even on the tires?  If not, an alignment may be in order.  Also, are they properly inflated?  Check your tires’ pressure when the car has not been driven for at least three hours (after the tires have cooled) and compare the readings to the sticker mounted on the pillar of the driver’s door frame.

How are your headlights, brakes, and turn signals?  Are all the bulbs working?  Also, look at the emergency flashers to ensure they perform properly.  Additionally, ensure your floor mat is debris-free and installed properly on the floor.  If it has started to fray or become damaged, it could get in the way of the driver moving their foot from the accelerator to the brake pedal.

Finally, make sure your seatbelts and car seats, as needed, are in good condition and properly installed.

Once the car is ready, make sure you have safely packed, and none of the bags block the driver’s ability to use mirrors and inspect blind spots as they are driving and changing lanes.

Take a moment to familiarize yourself with your route.  CalTrans has online resources that provide current highway conditions, including planned closures.  Also, while GPS is a wonderful tool, being aware of your route means you spend less time looking down at the device and more time looking at the road, a much safer approach.  Your device may lose battery power or fall in a river, or knowing your route is a safe preparation.  Let people know when you expect to arrive somewhere, so someone will check on you if you are outside your arrival window.

When traveling with children, you can have simple games to amuse them.  Three simple but fun car games are looking for out-of-state license plates, finding cars in the color of the rainbow, or the truck imagination game, where the kids take turns telling a story of what is in the back of the closed container of an 18-wheel truck.  Kids of all ages can play on trips and have lots of fun.

Make safe choices while you are out on the road.  Pay attention to your surroundings and be alert when you stop for gas or other essentials. Use your seatbelt and respect the speed limit.  Do not drink or use drugs while operating a vehicle.

Depending on your experience some items we discussed could be delegated to your local mechanic shop. Just make sure to ask them to take care of any concerns you may have.

Most importantly, have a great time with your family and make those road trip memories.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Megan Irish is an associate attorney in our Oakland, CA, office. We serve clients throughout the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
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Who Is Responsible for Railroad Tracks In the City?

Written By: Chris Dolan and Megan Irish

This week’s question comes from Renee from Atlanta, Georgia writes: After living in San Francisco for a few years and appreciating the city’s charm, I went on a bike ride with my husband. We were meandering, exploring the area by bike after having a lovely picnic. While we were riding, I looked at a butcher shop on the road beside me, and when I got to the corner, I noted the street signs so I could come back later and shop. Unfortunately, this simple distraction meant I rode a few inches outside of the bike lane, and when I did, my bike tire slipped into an abandoned railroad track in the roadway. I attempted to steer out, only to find myself and my bike toppling over. I stretched out my arm to break my fall, which was a terrible idea. Instead of breaking my fall, I broke my humerus head in three places. After searching for the right surgeon, they repaired my injury with a plate and nine screws. It took me a year of intense physical therapy to regain about ninety percent of my mobility. Lesson learned. Do not steer out of the tracks but instead stop. Is there anything we can do to make the roads safer for cyclists? How can we improve awareness for cyclists about how dangerous the tracks are for them? The groove is just the size to trap a bicycle tire and cause others to fall, just like I did. I wish there were something I could do, now that I have moved back to Georgia, to help keep San Franciscans safe while they enjoy the city on a bicycle. I want to spread my message to “Just Stop” so that folks can carefully stop riding and then remove their bicycle tire from the track groove and go on their way safely, thereby avoiding the dangers of the tracks on the roadway.

Dear Renee, 

Thank you for your note, and you are entirely correct; railroad tracks can be dangerous to bicycle riders. However, these are challenging cases to prevail on. If the tracks belong to the city, the city may have immunity from liability. According to the Government Code, section 830.6,

“Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval ….” 

This protection for the city is called ‘design immunity.’ It means if the city properly approves the placement of the tracks, even if they are dangerous, an injured person may be unable to recover from the governmental entity. When tracks are in the roadway, the city or other entity would argue that anyone can see them as an open and obvious hazard. Unfortunately, just as in your case, looking about for directions, street names, or watching for other vehicle hazards means you are not always looking down for the small groove and may get your tires caught up in them. However, depending on the circumstances, an injured party may be able to argue that the dangerous condition constituted a trap under Government Code section 830.8 which states:

Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking, or device (other than one described in Section 830.4) was necessary to warn of a dangerous condition that endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care. 

Generally, suppose a person using the roadway, with due care, would not have appreciated the dangerous condition. In that case, they may be able to argue that the condition constituted a trap and hold the entity liable for the dangerous condition. If the tracks are owned by a private railroad, the individual company may be responsible for the injury. Thank you for being so interested in keeping all riders safe and aware of the dangers the tracks may present for cyclists.  

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Megan Irish is an associate attorney in our Oakland, CA, office. We serve clients throughout the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
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