This morning started with another serious accident in San Francisco.
At 8:33 this morning a woman in her 40's was struck by a bicyclist, as she was crossing the street, reportedly sustaining serious head injuries from the collision.
Those of you who ride your bikes to work each morning should remember that bicycle riders have the same rights and responsibilities as motor vehicle drivers.
Preliminary reports suggest that the cyclist was at fault, and that the woman was crossing the intersection legally. San Francisco police officer Albie Esparza was quoted as saying ""Every bicyclist in the city should be reminded each and every day that all the laws on the books apply to them too," Esparza said. "They need to stop at every stop sign and every stop light."
It is likely that the cyclist in this case will be legally liable for the injuries to the pedestrian. Hopefully the pedestrian in this case will make a full recovery. You can find out more about the rights of pedestrians injured in similar accidents, on our firms web site.
Be safe everyone!
Comments: 2
2 Comments
PB
July 15, 2011 at 4:34 PM
Bike riders constantly abuse the LAWS they should obey and are not cited. The San Francisco police DO NOT go after them. The SFPD are also at fault for allowing bike riders getting away with breaking the law. Who is protecting the pedestrians? I hope the woman who was struck by a bicyclist, as she was LEGALLY crossing the street, sustaining serious head injuries from the collision on Friday morning, July 15, 2011, sues the bike rider. It's time that ALL bike riders start OBEYING THE LAW! Bike riders should be required to buy insurance too!
The Dolan Law Firm
July 15, 2011 at 6:04 PM
Dear PB;
Thank you for your posting on our blog. Your point is well taken and
one which we agree with. To promote safety all people should follow
the law. That is why it is there. Indeed, the California Motor
Vehicle Code states that, generally, with few exceptions, bicycles
must follow the same traffic laws as cars. It states that a bicycle
must comply with the laws that apply to motor vehicles (there are some different laws due to the nature of cars and bikes).
We have represented pedestrians who have been struck by bicycles,
cars, and motorcycles in cross walks. One time a skate boarder was
held responsible for hitting a pedestrian on the sidewalk. I agree
that the bicyclist should be held accountable if they are at fault. I
do not know enough of the facts to pre-judge the case (that is why we have a legal process to fully discover facts under oath and to allow cross examination).
If a death is caused by a bicyclist, or motor vehicle driver, the DA
may decide to prosecute for vehicular manslaughter. That is entirely
a criminal matter and within the discretion of the DA as to whether
they can prove the case beyond a reasonable doubt. A civil case (non criminal brought to recover damages or enjoin behavior) for wrongful death requires proof of a standard of more likely than not (a preponderance).
As far as the SFPD is concerned, I have no ability to affect either
their enforcement or behavior. They have diminished resources due to budget cuts and are overlooking, or making a low priority, those
infractions (a motor vehicle moving violation is an infraction not a
crime) which are not a high priority.
As a strong supporter of the San Francisco Bicycle Coalition, I must
say that more bicycles are injured by negligent drivers than the other way around. More bicyclists are injured by improper turning vehicles than pedestrians are injured by bicyclists. Also, bicyclists are often injured by jay walking pedestrians who violate their right of way. In short, no one has a monopoly over negligent behavior and stereotypes should be avoided.
Accountability and personal responsibility for all is what our firm stands for.
Thank you for sharing your strong feelings: they help stimulate a
valuable debate regarding safety which is the ultimate goal. We would rather have a safe world where no one gets hurt than a world where we need to sue on behalf of a family who has suffered tragedy. Our skills are readily transferable and we would be pleased to see fewer injuries. But until that time, we will continue to be the strongest advocates for motorcyclists, bicyclists, car drivers, AND pedestrians who are injured by the fault of others.
Regards;
Chris Dolan
The Dolan Law Firm
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