San Francisco Injury Attorney Blog

The month of May is recognized across the country as national Motorcycle Safety Awareness Month. The San Francisco motorcycle accident attorneys at our firm appreciate the importance of sharing information about these issues, having worked with many residents and their families who have been hurt in motorcycle crashes.

Most residents are aware of the increased risk of injury and death faced by those who ride motorcycles. Even after a decline in recent years, statistics from the National Highway Traffic Safety Administration suggest that motorcyclists are 39 times more likely to be killed in an accident that those in a car. There are a wide range of causes for the increased dangers, some related to reckless conduct on the riders part and many others a result of inappropriate conduct by those sharing the road with motorcycles.

Focus on Lane Splitting

As a kick-off to the safety month, many local traffic safety organizations are trying to start a conversation about the practice of "lane splitting"--when riders travel between lanes with cars on both sides. California is the only state in the country that technically allows the practice. While legal, the practice comes with very significant risks, and so it is important for both motorcyclists and car drivers to act appropriately to keep safe on the road.

There is much confusion about lane splitting. For example, a recent survey found that more than half of all California drivers thought that lane splitting was illegal. Amazingly, nearly 7% of drivers admitted to intentionally trying to block motorcycles as they were traveling between lanes--a reckless and incredibly dangerous practice.

No California state law directly deals with lane splitting. All other states either have a law that specifically bans splitting, or interpret a more general safety law to cite lane splitters. However, as a recent Chicago Tribune article explained, California police officers have noted that the practice is appropriate when done carefully and at moderate speeds. For example, lane splitting may be reasonable when there are not dangerous road conditions (like rain or snow) and traffic is moving slower than usual--perhaps 45mph instead of 65 mph. At the end of the day, there are no automatic rules. Each situation must be evaluated on a case-by-case nature to determine whether the practice of lane-splitting it safe. Interestingly, virtually all European countries, England, and Japan permit splitting.

One California Highway Patrol officer who works on a motorcycle admitted that he himself engages in the practice, but he tries to do so safely at all times. He noted, "You definitely have to be aware of traffic patterns: speed of traffic, people making lane changes, stop-go-traffic, etc."

San Francisco Motorcycle Accident Legal Help

Motorcycle riders in our area are injured in preventable accidents on a seemingly daily basis. In many instances, the injury was caused in full or in part by the misconduct of others on the road. Unfortunately, each San Francisco motorcycle crash lawyer at our firm knows that confusion reigns about safely sharing the road with motorcycles--as the issues of lane splitting makes clear. As a result, it is imperative that those hurt in this way have an advocate on their side that is familiar with all of the relevant legal issues

The experienced legal professionals at Callaway & Wolf have been helping local residents in San Francisco, Oakland, and in surrounding areas for decades. Be sure to take a moment and send a message to explain your situation. There is nothing to lose from visiting with an attorney and seeing how the law might apply in your case.

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Pedestrian Injury and Death in San Francisco

Distracted Driving, Texting, and Motorcycles

In 2007 a California man was convicted of California vehicular manslaughter for a crash that killed an eight year old child. Last month, the Court of Appeals reversed the conviction, ruling San Mateo County prosecutors violated the defendant's 5th Amendment right against self-incrimination when they presented evidence showing the defendant never asked about the wellbeing of the victim and the family when questioned by police.

In California, drivers are typically not charged with any violation for an injury accident unless an officer actually witnesses the accident. This is unlike other states, where citations are routinely issued to drivers who are at fault in accidents. Many people are very surprised to learn that a negligent driver who injured them is not being cited. But when alcohol or gross negligence is involved, as it was in this case, it's a different story. In those cases the person responsible for the crash is more likely to be cited for traffic violations.

In any event, if you've been in a car accident as a result of a negligent or reckless driver, it is important to contact a California injury attorney to help you.

California Penal Code Section 191.5 Manslaughter
California has two vehicular homicide statutes. Gross Vehicular Manslaughter is the unlawful killing of a human being without the intent to kill while driving a vehicle legally intoxicated with "gross negligence."

A "lesser" charge is regular Vehicular Manslaughter which is the unlawful killing of a human being without an intent to kill, in the driving of a vehicle without gross negligence.

The Penalty for Vehicular Manslaughter
The main difference between the two statutes is gross negligence, which is defined as "an extreme departure from the ordinary standard of conduct" one is expected to have while operating a vehicle. Regular negligence and "gross" negligence are somewhat subtle concepts. However, the basic idea is that the more culpable an individual at the time of the deadly accident, the more severe the charge and penalty.

The punishment for Gross Vehicular Manslaughter is imprisonment for four to ten years and the punishment for Vehicular Manslaughter is 16 months to four years. For those with prior convictions, a conviction for Gross Vehicular Manslaughter is 15 years to life in state prison.

The California man convicted of vehicular manslaughter in this case spent three years in prison simply because the prosecution used his statements--or lack thereof--to prove the "I don't care" attitude needed to establish gross negligence.

There are serious consequences for San Francisco drunk driving accidents, which can include recovery of punitive damages. However, it is important to remember that the criminal law has different rules than civil lawsuits following these accidents. For example, the conduct of the police officers is critical in whether or not a driver will be criminally cited for the conduct. A civil suit does not hinge on the specific protocol being following by police officers.

Legal Help Following San Francisco Car Accidents
If you've been involved in a car accident in our area as a result of a drunk driver it is important to contact a qualified San Francisco auto accident attorney right away. This type of accident can turn the life of an entire family upside down, as loved ones have mounting medical bills, lost time from work, and often significant pain and suffering. A civil lawsuit in these cases might be needed to ensure those hurt receive fair compensation for their losses and harms.

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Pedestrian Injury and Death in San Francisco

Distracted Driving, Texting, and Motorcycles

Mother Nature is a powerful force. From tornadoes and hurricanes, to earthquakes and hail storms, nature's fury can cause damage to homes, property, personal injury, and even death. The civil law handles harm from nature in various ways, but, generally, individuals are not liable for "forces of nature" harm. However, there may be liability when people fail to properly maintain their property--as when trees fall after a storm and someone is injured. Although there is no way to fully protect ourselves from what insurance companies call "Acts of God," neglecting to secure damaged property after a storm can have serious criminal, civil, and financial consequences. If you've been injured as a result of a fallen tree, contact a San Francisco injury attorney today.

Every year, hundreds of Californians are injured due to falling trees. In March of this year, California experienced heavy rainstorms which damaged trees, roofs, and other personal property. For example, on March 16th a tree that was weakened by rain storms fell onto a freeway in the Oakland hills causing a crash that killed a UC Berkeley freshman.

Our experienced California personal injury attorneys understand that neglectful property owners should be held liable for injuries caused to others for failing to properly maintain property. Regardless of whether you were injured on public property or private, owners are required under California tree Law to ensure the trees under their control are safe and secure.

What can you do before the next storm to protect you and your neighbors? And what should you do if you are injured or your property is damaged by a neighbor's tree?

What Are California's "Tree Laws?"

California Civil Code 833 and 834
California law provides that trees whose trunks stand on the land of one owner belong to him exclusively, even if their roots/branches grow into the land of your neighbor. This means that you have a duty to ensure your trees are properly trimmed in order to reduce the risk of injury, property damage or death. Furthermore, for trees whose trunks stand partly on the land of two or more owners, each owns the tree equally and is also legally responsible for any damage or injury to person or property. And lastly, if you are a renter, you need to be aware that your landlord has a duty to inspect trees on the property and take proper action to correct any defects that could cause the tree to fall or break apart. Under California law, the person with the duty to act will be held liable for any injuries if they knew or should have known to remove the tree.

How do I know If I Have An Unsafe Tree? And What Do I do?

If you have trees on your property, it is recommended to have a licensed California inspector come to your home to ensure your tree is not vulnerable to heavy rain or winds. If you discover you have an unsafe tree, you should have it trimmed or cut down right away. If you discover your neighbor has an unsafe tree, you should talk to them right away about your concerns and insist they have an inspector fix the problem immediately. Sometimes this can cause tension between neighbors, but remember you have a right to insist that your neighbor properly maintain his or her trees. If you've been injured by a falling tree or other object in our area, you should find an experienced San Francisco injury attorney right away that can handle this matter for you.

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Proving Fault in Bay Area Slip or Trip and Fall Injury

Continue reading "California Tree Laws: Duties and Rights" »

A 23 year old Sacramento woman was sentenced to five years in prison last week after causing the death of a 64 year old motorcyclist; the woman was text messaging while driving. Distracted drivers pose a lethal threat to motorcyclists. Studies have shown that driving while texting is an unsafe as DUI. The law has very clear rules about the responsibilities owed to others on the road. If you've been injured in a San Francisco motorcycle accident, you need an experienced San Francisco motorcycle accident attorney on your side.

Negligent drivers are a part of life on the road, but driving while talking or text messaging is a growing hazard. According to the California Office of Traffic Safety, talking on a cell phone can reduce more than 35% of the brain activity needed for driving, even with an earpiece or hands free. These stats lead many states, including California, to enact Distracted Driving Laws to curtail the dangers associated with texting while driving and other distractive behavior.

California has three laws specific to distracted driving, the text messaging law, cell phone law, and the teen wireless device law. A study released this year by the California Office of Traffic Safety showed that deaths due to hand-held cell phone use by drivers dropped dramatically following the enactment of the hands-free legislation. According to the study, overall traffic deaths declined by 22 percent while hand-held cell phone driver deaths went down 47 percent.

California Distracted Driving Laws

Text Messaging Law - prohibits any driver from using an "electronic wireless communication device" while operating a vehicle. The penalty for violating this law is $20.00 for the first offense and $50.00 for subsequent violations.

Cell Phone Law--prohibits anyone from using a cellular phone while operating a vehicle unless the phone is equipped with a hands-free listening device, and the phone is used hands-free.

Teen Wireless Device Law--prohibits any driver under the age of 18 from using a cell phone while driving, even if hands free.

Currently, the California legislature is considering enhancing the severity of these fines from $20.00 for the first offense to $50.00 and $100.00 for subsequent violations.

It's Not Worth It! Campaign

During the month of April, law enforcement agencies in California will be especially focused on taking action against what the California Highway Patrol calls "Zombie" drivers--persons that talk on their phone or text message while driving--as part of the second annual National Distracted Driving Awareness Month's "It's Not Worth It Campaign." In 2011, the campaign issued more than 52,000 citations.

The campaign is intended to educate California drivers on the dangers of distracted driving and encourages adults to lead by example--especially if they have teenage drivers. "Start by never calling or texting anyone, especially your kids, when there's a possibility they might be driving. Then let that same action follow you when you are the driver" according to OTS Director Christopher J. Murphy.
Motorcycle-Specific Safety Tips and Resources

Thrill or Buzz Kill?

The California Highway Patrol recently released a YouTube video, Thrill or Buzz Kill, a motorcycle safety video reminding motorcyclists about the added responsibility and attention the road demands. This video is just one of the safety resources California offers to motorcyclists.

California Motorcyclist Safety Program (CMSP)

This program consists of a 15-hour classroom and on-cycle Basic Rider Course (BRC). The BRC is mandatory for those under the age of 21 and for those over the age of 21 who are seeking a California endorsement on their driver's license. The CMSP recommends even seasoned motorcyclist to enroll in refresher courses to learn new safety techniques, enhance riding skills, and even help less experienced riders feel comfortable on the road.

If you are a car driver, truck driver, or motorcyclist, we encourage you to act responsibly at all time when on the road. If you've been a victim of a distracted California driver it is vital to have an experienced California Personal Injury attorney on your side to ensure your legal rights are protected throughout the process.

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Pedestrian Injury and Death in San Francisco

On Sunday, March 25, two pedestrians were killed while crossing the street in San Francisco. One man, age 45 was struck by a car and the other was hit by a Muni bus after emerging between two cars. The driver of the bus has been placed on non-driving status pending an investigation as a result of the man's death. Sadly, Our San Francisco pedestrian accident lawyers know that pedestrian injuries are common occurrences in San Francisco and throughout the state. California has a significantly higher rate of pedestrian deaths (17.2%) than the national average (12%).

According to an article in the San Francisco Chronicle, an estimated 7,250 injuries and 250 pedestrian deaths occurred in San Francisco in the last ten years. A study by UCSF showed that more pedestrians died in San Francisco over the last ten years than motor vehicle occupants. Seniors are the most likely to get hurt in these accidents, making up over 40% of all cases. The UCSF report states California has a higher rate of pedestrian injuries in part due to our high number of cities, including San Francisco.

Pedestrians and motorist alike need to be aware of traffic and right-away laws to ensure their safety. Remember, although San Francisco pedestrians have the right-of-way, it is still necessary to look both ways before crossing the street, ensure you are giving yourself adequate time to cross an intersection, and if riding a bicycle, to always wear a helmet to protect your head in case of a collision.

In 2002, San Francisco was chosen for a PedSafe Study because of the high rate of pedestrian fatalities. The study tested various traffic signs and street markings to identify the most effective methods to promote pedestrian safety. The results concluded that the most useful tools to help prevent these accidents were flashing beacons, automatic video detection with signal extension, in-street pedestrian signs, pedestrian head start, portable changeable message speed limit signs, and "Turning Traffic Must Yield to Pedestrian" signs.

Despite this research and implementation of some of the findings, these accidents still occur far too often on area roadways.

If you or a loved one has been a victim of a pedestrian injury or death as a result of a negligent driver, you need an experienced San Francisco pedestrian accident attorney to represent you during this difficult time. Drivers have a legal duty to exercise reasonable care while operating their vehicles and that includes respecting the rights of pedestrians, whether they be walkers, bikers or joggers. In addition, if your injury was a result of inadequate city planning or traffic signal malfunctions the experienced Bay area accident attorneys at our firm have decades of experience to help resolve even complex legal issues.

San Francisco is a beautiful place for us to call home, but it can also be a dangerous place for the pedestrian. Always remember to follow all traffic rules and if you've been injured, contact Calloway & Wolf today to see how our experienced San Francisco personal injury attorneys can help you today.

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Safety First for Bay Area Bicycle Riders

San Francisco Bicyclists Face Dangers on the Road

In the wake of the green movement and the country's current financial situation, a bevy of cutting-edge companies have arrived to meet the needs and desires of today's consumer. As recently reported in the New York Times, one such company is RelayRides. RelayRides is a car-sharing service where one's personal car is rented to others on an hourly or daily basis for a fee.

The car-sharing concept keeps fewer cars on the road, helps those who can't afford cars, and brings financial benefit to those who have idle cars. It sounds like such a great idea that Google Venture and General Motors have backed RelayRides, and the company is poised to go nationwide. As with all popular ideas, there are already competitors, including companies like Getaround, JustShareIt, and Wheelz.

However, our San Francisco car accident attorneys understand that there is an issue that needs to be addressed regarding these programs: car insurance.

Most car insurance companies do not cover claims that arise from incidents where a personal vehicle is being used for commercial purposes. To cover this gap, RelayRides provides $1 million of liability coverage, but it may not be adequate in the event of a catastrophic accident. This means the owner of the vehicle is liable for any judgment amount that exceeds $1 million. As most experienced California personal injury attorneys can attest, when accidents involve serious injuries or even death with multiple cars and multiple victims, the chances of damage exceeding $1 million is ever-present.

What happens if the owner fails to take good care of the vehicle, contributing to an accident while the vehicle is being shared? RelayRides' "Terms of Service" state that the company disclaims any warranty for fitness of a particular purpose. However, according to the company's general counsel, other sections in their terms override that statement. Further, new laws are being enacted stemming from these arrangements. For example, an Oregon law specifically allows car-sharing companies to go after vehicle owners who have materially misrepresented the maintenance of their vehicles. However, according to RelayRides' insurance broker, Bill Curtis, despite this type of law, the owner of the vehicle will still have insurance coverage.

The greatest obstacle to putting your car in a share service, though, may well be the reaction of your insurance company. Many major car insurance companies will refuse to renew your policy, or even cancel it when they learn of the sharing.

Our Bay Area personal injury attorneys are also concerned with what car insurance companies will do if they find out a person has been car-sharing. The Insurance Information Institute spokeswoman Loretta Worters said she believed insurers would most likely not renew the holder's policy or may even rescind the policy. Worters predictions were validated by some insurers, including USAA, whose spokesman said that participation in car-sharing would generally lead to non-renewal. Similarly Allstate's spokesman Kevin Smith said car-sharing could lead to non-renewal as it inherently changes the risk profile of the vehicle. A few other insurers have not yet reached this conclusion and are still debating the ultimate effect.

Yet, local car-sharing residents have some protection from being dropped by their insurer. To guard against the general trend of nonrenewal, states are beginning to pass laws prohibiting insurance companies from dropping coverage solely because of car-sharing. California, Oregon, and Washington have passed laws for this purpose.

Overall, this is an area of the law that is still evolving. If you are considering car-sharing or have been injured in an accident involving one of these cars in our area, it is prudent to consult an experienced San Francisco car accident lawyer as soon as possible. The legal professionals at Callaway and Wolf are here to help all those throughout our area facing these issues. Please feel free to send us a message online or give us a call today.

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UCSH Shuttle Driver Facing vehicular Manslaughter Charges for Passenger Death

Family Settles $5M Lawsuit in Fatal Car Crash with LAPD

Earlier this week, a San Francisco cyclist pled guilty to misdemeanor vehicular manslaughter for his involvement in the death of a 68-year-old tourist. The SF Gate reported that a young cyclist ran a red light, striking and killing the pedestrian tourist along the waterfront. The pedestrian later died at a local hospital from head injuries sustained during the crash. As our San Francisco bicycle accident attorneys know, many residents are hurt each year when cyclists and cars or pedestrians collide. Unfortunately, many of these accidents likely could be avoided simply by obeying the rules of the road.

The 23-year-old cyclist was sentenced to three years' probation and 500 hours of community service as part of a plea bargain made with the district attorney's office and agreed to by the family of the woman he struck and killed. He must also pay the family $15,375 in restitution. Also as part of his sentence, he must take part in a community service program educating bicyclists and pedestrians about road safety.
Our attorneys are well aware of how perilous our busy streets can be for bicycle riders. The paper analyzed accident reports in San Francisco and its surrounding areas and identified the most perilous roads and highways, which include San Francisco's Market Street and Sonoma County's country roads. The 25 most dangerous routes definitely are not limited to urban streets and consist of a wide variety of roads--from thoroughfares in major urban hubs such as San Francisco, Oakland, and San Jose to semi-rural routes on the Peninsula and in Marin and the Wine Country.

The report found that in the ten years prior to 2008, 195 cyclists have been killed and 1,812 were severely injured while riding on our city's roadways. That averages out to approximately 15 crashes a month involving a serious injury, and 1 or more fatality per month. This doesn't even account for the injuries caused to motorists, motorcyclists, and pedestrians. The numbers are based on information from California Highway Patrol.

Clearly, bicycle accidents can be a serious danger for Bay Area residents. The director of UC Berkeley's Traffic Safety Center theorized that the high number of Bay Area bicycling accidents might be due to "an increase in cyclists on roads with high volume and high speed." Sean Co, bicycling coordinator for the Metropolitan Transportation Commission, also stated that 90% of accidents are caused by human behaviors, which can range from drug and alcohol use and failure to yield to aggressive driving. Being careful and vigilant on the road is very important. When cyclists, motorists, or pedestrians become complacent, it can be a recipe for disaster.

To read more about California's laws that govern cycling accidents, read our recent post here. The San Francisco personal injury lawyers at Callaway & Wolf have successfully handled many bike accident cases around the Bay Area, including ones in Marin, San Francisco, and Alameda counties. We have the knowledge and experience to handle your case and pride ourselves on acting as dedicated advocates for our clients.

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San Francisco Bicyclists Face Dangers on the Road

Avoiding San Francisco Bike Accidents: Bikes and Stop Signs

A recent pharmacy mix-up exposed children to a powerful cancer drug, reports United Press International. The mistake occurred when a family picked up a prescription for fluoride pills for their children from a CVS pharmacy but instead were given a medication used to treat breast cancer. The fluoride pills were intended for the children's teeth, but the mix-up was not discovered for at least two months. Our San Francisco pharmacy error lawyers know that medication mistakes are more common than you might think. Mistakes such as a mix-up based on a similar drug name can cause serious injury or even death.

In this instance, no illnesses were reported, but area parents were outraged. It is unclear how many families were affected by the pharmacy error, but of course it is extremely upsetting to know that your children could accidentally be given a powerful drug with the potential to cause serious side effects following a routine dental or medical exam. CVS issued a statement saying the company is investigating the mix-up and noting that it has contacted all of the area families whose children may have been affected.

The experienced San Francisco pharmacy malpractice attorneys at Callaway & Wolf have can handle prescription drug error cases, both against doctors who wrote a prescription for the wrong medication or dosage, as well as against pharmacies and pharmacists who have given a patient the wrong medication or dosage. Some common prescription errors include:

1. Prescriptions written for the incorrect dosage
2. Prescriptions filled with the wrong drug or incorrect dosage
3. Prescription errors based on similar drug names
4. Prescription mix-ups based on similar patient/customer last names
5. Prescription errors due to a doctor's bad handwriting

For example, according to a recent article by Thomson Reuters, another pharmacy mix-up made a woman ill and may have jeopardized her pregnancy. The error occurred because the pregnant woman has a last name that is similar to that of another customer, who had been prescribed a powerful anti-cancer drug. The drug, which can cause birth defects or miscarriages, has "very serious side effects" and is only prescribed after other drugs are ineffective.

The 19-year-old pregnant woman became nauseous after taking the drug. When she checked the prescription bottle, the young woman realized the Safeway store located in Colorado had given her the wrong medication. The woman was hospitalized, and the long-term effect on her pregnancy remains unclear.

According to the article, Safeway--which is based in Pleasanton, California--said the pharmacist failed to follow company policy that requires workers to verify a person's name and birth date and obtain verbal confirmation before a person is allowed to retrieve a call-in prescription. If the pharmacist had followed the appropriate protocol, he or she would have realized that the wrong drug was being dispensed because the customer who was supposed to receive the anti-cancer drug was 59 years old. Instead, a pregnant woman 40 years her junior received the drug in error merely because they have similar last names, ultimately risking the life of the young woman and her unborn child.

We know that San Francisco pharmacy malpractice is a serious issue. Medication errors can have long-lasting and harmful effects. If a prescription error made by your doctor or pharmacy has led to serious health complications for you or someone you love, it is important to understand your legal rights as soon as possible.

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Kaiser Malpractice Injury: Nursing Negligence Causes Death

Another New Scan Helps Disclose TBI: Traumatic Brain Injury

With a strained healthcare system and dwindling resources in this tough economy, medical malpractice may actually be a growing health hazard for San Francisco residents. Our Bay Area malpractice lawyers have helped many local residents who have received inadequate medical care. We understand how frightening and emotionally-trying it can be to learn that a doctor or nurse has actually made your health situation worse. Medical malpractice can take many forms, often including a failure to diagnosis, misdiagnosis, surgical error, nursing care negligence, or prescription error. Each form can have life and death consequences for those involved.

For example, a doctor's failure to diagnosis a serious or life-threatening illness can leave you with a false sense of security and health. According to an article about a delayed diagnosis of breast cancer from Legal News, case, last month a jury awarded a $15 million verdict to a woman whose doctor failed to diagnose a lump in her breast as cancer. (In California, that $15 million would be reduced to $250,000, pursuant to the M.I.C.R.A. law.) The missed diagnosis allowed the disease to spread throughout the woman's body and metastasize to her bones. The woman, a 40-year-old mother of three, found a lump during a self-breast exam in 2002. At the time, the lump was only about the size of a marble, but she immediately made an appointment with a doctor working at the Carol Baldwin Breast Cancer Center.

Although the doctor ordered a mammography for the woman, he failed to order any additional tests. Instead, he relied only on the mammogram and told the woman that the lump was a clogged milk duct. In younger women, relying only on mammogram results can be particularly dangerous because the radiation of a mammogram can more easily pass through a mass and cancer, potentially leading to a misdiagnosis. The woman in this case left the center mistakenly believing she was perfectly healthy.

However, approximately 16 months later, the woman returned, complaining that the lump had grown. During the time between the original misdiagnosis and her return to the doctor, the cancer had spread to her lymph nodes. The woman had to undergo a mastectomy, chemotherapy and radiation treatments, but the cancer later spread into her bloodstream and metastasized to her bones. Due to the large gap between her misdiagnosis and eventual treatment, the woman's prognosis is now "uncertain." The woman hired a medical malpractice attorney to help hold the doctor accountable for the diagnostic error.

Medical malpractice cases are often challenging and complicated, because the issues involved include discussions about medical procedures and best practices which are not common knowledge. Patients rightly rely on the decisions made by their medical professionals and often lack the ability to know for sure whether they received care below a reasonable level. The uncertainty about the process often prevents those hurt in this way from coming forward and demanding accountability. For that reason, it is always advisable to have assistance from those who are familiar with these situations and can explain how the law might apply in your case.

At Callaway & Wolf, we know that nothing is more important than your health. Our San Francisco medical malpractice lawyers have many years of experience handling malpractice injury cases. For an overview on how malpractice cases are handled by attorneys, please visit our website, or contact our office at 415-541-0300.

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Another New Scan Helps Disclose TBI: Traumatic Brain Injury

Bicycle accidents can cause serious injury. Working in a city like ours, which has more bicycle riders per capita than any other American city, the San Francisco injury attorneys at Callaway & Wolf have seen their fair share of bicycle injury cases. Our attorneys are avid cyclists and ride regularly through San Francisco's busy streets--they understand the hazards bicycle riders face on a daily basis. For example, car and truck drivers often fail to look for cyclists or simply do not want to give them fair use of the road to which they are entitled. California law permits bike riders full use of a lane whenever there is not enough room to ride safely next to a car. Some automobile drivers may believe that bike riders should not be sharing the road with cars, but the law is clear in stating otherwise.

The Bay Area is known for its enthusiastic cyclists, and many other cities in our area also have a large number of bicycle riders. However, since many streets in California do not have bike lanes, bike riders are forced to share the road with cars, trucks, and motorcycles. Last week, a 20-year-old bicyclist died after he was struck by one car and run over by another, reports the San Diego Union-Times. The accident occurred at approximately 3:00 p.m. last Wednesday. A woman reported to police that she had run over a man who had been struck by another motorist and knocked off his bicycle. Both motorists reportedly stayed on the scene and cooperated with the police. The bicyclist became trapped under the second vehicle and subsequently died.

Another California cyclist was recently struck by a car and killed while driving home from her job at Disneyland, according to the Los Angeles Times. Unfortunately, the woman was struck from behind by a vehicle, and it was not clear at the time whether she was wearing a helmet.

Those of us working in Bay Area bike injury law realize that bike riders can be injured in a number of ways. Aside from being struck by a vehicle, bicyclists are also frequently injured by "dooring," which happens when a person opens his or her car door without looking to see if a bike is coming. The law requires drivers to look carefully before opening their doors and holds them responsible for injuries to bike riders when they break this law.

The San Francisco bicycle accident attorneys at Callaway & Wolf know that cyclists and other bike riders have the same rights under California law as car or motor vehicle drivers, except for the fact that bikes are not allowed on California freeways. If you or someone you know has been injured in a bicycle accident, please consider contacting the qualified legal professionals at Callaway & Wolf at 415-541-0300 for a free consultation. Our attorneys are experienced in handling bicycle injury claims, and can explain how the law applies in your specific case.

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UCSF Shuttle Driver Facing Vehicular Manslaughter Charges For Passenger Death

San Francisco Muni Accident Attorney Discusses Accident-Prone N-Judah Line

A University of California, San Francisco (UCSF) shuttle bus driver is facing vehicular manslaughter charges due to his role in a fatal accident that took place last year on Octavia Boulevard. The San Francisco Examiner reports that Wallace J. Richardson, was driving a shuttle bus that collided with a big rig truck on July 14, 2011. Unfortunately, a 52-year-old passenger died as a result of the crash. Four others were also injured in the accident.

The crash occurred at the intersection of Oak Street and Octavia Boulevard, an intersection that locals say is notoriously dangerous. In collisions involving municipal buses--or, as in this case, a university shuttle bus--Bay Area accident lawyers know that both passengers and pedestrians can be gravely injured. In this accident, Dr. Kevin Mack, a passenger in the shuttle bus, was thrown through the windshield. He later died from injuries caused by the crash. The driver of the shuttle bus suffered minor injuries, and the big-rig driver was not hurt.

Witnesses at the scene reported that the UCSF driver was distracted and ran a red light, causing the collision with the big rig truck. Despite slamming on his brakes, the big-rig driver, who was traveling through a green light, could not stop in time to avoid the crash. The big-rig truck driver claimed that the shuttle bus "came out of nowhere." As part of the investigation, police examined video footage from the scene. The UCSF shuttle bus driver turned himself into police after an arrest warrant was issued. He was later released on bail.

The intersection of Oak and Octavia has a history of accidents. In 2006, there were 14 injury accidents at the intersection, likely connected to freeway traffic coming to the area. Conditions have improved in recent years due to city efforts. Signal timing has been improved, and a red light camera has been installed. In 2010, there were four injury accidents at the intersection.

Although the truck driver in this accident apparently was not at fault, Bay Area truck accident lawyers know that truck injury accidents differ from typical accident cases in several ways, making it crucial to develop important evidence in order to obtain full recovery. One difference is that in accidents in which vehicles or pedestrians are hit by large trucks, the physics of a very massive vehicle striking a person or car mean that the impact force is much more than normal, resulting in greater injuries. Even a low-speed impact from a very heavy vehicle can cause severe damage. This can mean a longer and more painful recovery for accident victims, resulting in more missed work and high medical bills.

Driver fatigue and the extra mass that makes trucks much slower to stop than passenger cars are other factors that make truck accident cases unique. Those working in our area understand that contacting a qualified professional as soon as possible after your accident can greatly increase your chances of a positive outcome. The San Francisco truck accident attorneys at Callaway & Wolf have the knowledge and experience to handle your case. Please consider giving our office a call if you find yourself in this situation.

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Family Settles $5M Lawsuit in Fatal Car Crash With LAPD

A woman has filed a lawsuit challenging a hospital's $20,211 emergency room bill, incurred after she was involved in an accident caused by a driver going the wrong way. According to an article in The Galveston County Daily News, the woman claims the large bill is unreasonable for the 4 hours of examination and diagnostic tests she received. Our San Francisco personal injury attorneys know it is not uncommon to see exorbitant emergency bills in accident cases, including auto collisions, falls, and similar situations.

The 23-year old woman was injured last spring in a three-car collision that involved a wrong-way driver. The police report stated that an SUV tried to avoid the wrong-way driver but was sideswiped by the driver's pickup. The wrong-way driver then struck another truck head on. The woman was a passenger in the truck that was hit head on. The police noted that the wrong-way driver could have fallen asleep at the wheel.

The injured woman had hired a injury attorney to file a claim against the wrong-way driver who caused the accident, and that suit settled for $30,000. Although the young woman received minimal treatment at the hospital, her bill totaled over $20,000. The lawsuit claims that the hospital initially charged a much lower amount but later increased its bill fivefold and made a claim against her insurance settlement. The woman's bill, which was originally $4,850, suddenly rose to $20,211. The hospital then made a claim on the woman's accident settlement for the entire bill.

Unfortunately, bad billing behavior like this happens more than you might think. The Bay Area accident lawyers at Callaway & Wolf have seen a lot of excessive emergency room bills in California automobile accident cases. Usually the hospitals have deals in place with all health insurers to accept much less, and they accept even lower reimbursement from Medi-Cal or Medicare. Also, if no insurance is involved, most hospitals will negotiate with an individual patient and offer a steep discount. However, sometimes if a health care facility knows that someone was in an accident, they try to collect a substantially larger amount--what the hospital calls the "gross amount." Other times, health insurance carriers will try to avoid paying accident-related bills altogether. On many occasions we have had clients say they were told that their health insurance does not cover bills resulting from an auto accident that was someone else's fault, which is false.

Hospitals and insurance companies may try to bully California accident victims over medical bills, because they know victims frequently feel overwhelmed by high medical costs and may be in pain and anxious to settle. Our San Francisco injury lawyers have a strong reputation with the major injury carriers, which allows us to settle a majority of cases quickly and favorably.

There is a two-year statute of limitations in a California automobile accident lawsuit. This time period runs from the date of the accident, so the case must be settled or filed in court before the two-year limit is up. Valuable time can be wasted attempting to negotiate with an insurance company because they typically try to settle for the lowest amount possible and may not even offer you enough money to cover your medical bills and lost wages--even if you were not at fault. Having an experienced personal injury attorney on your side can greatly increase your chances of obtaining a fair settlement. More importantly, it can provide you with peace of mind while you focus on what is most important--healing and getting better.

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Family Settles $5M Lawsuit in Fatal Car Crash With LAPD

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Frequent collisions on the N-Judah have made it Muni's most accident-prone line, according to articles in the San Francisco Examiner and The Huffington Post. The N-Judah, which travels from Ocean Beach to the Caltrain station on Fourth and King Streets, was involved in a whopping 84 collisions between 2008 and 2011, averaging out to about 1 every 13 days. The M-Ocean View line was also involved in 58 accidents during that period. In contrast, the safest line was the K-Ingleside with only about 26 accidents during the same time period--still an unacceptably high number in my opinion.

For some Muni passengers, constant accidents or derailments are just a way of life, reports the San Francisco Examiner, but Bay Area accident lawyers know that such interruptions in service can have serious consequences for our city's residents. Unsafe public transit is a significant danger for pedestrians, passengers, and other vehicles. I have handled numerous Muni cases, including those involving buses, cable cars, and LRVs/streetcars. In some of our cases, two Muni vehicles collided. On the LRVs, there is continuous video, which can be preserved and makes for powerful evidence of trauma. (See our post regarding the installation of cameras aboard Muni vehicles, which has helped reduce Muni's accident rate, here.)

According to the San Francisco Municipal Transportation Agency (SFMTA), the N-Judah carries more passengers and requires more service than any other line, which is apparently one reason it has been involved in so many collisions. The agency also noted that the number of Muni accidents has dropped for the past three years.

But a San Francisco transit activist cites problems such as the N-Judah's route through dense neighborhoods as one of the reasons for the line's frequent accidents. Issues such as double-parked cars or careless drivers are hazards on narrow and crowded streets. While these problems are realities of commuting in a city, our San Francisco Muni injury attorneys know that Muni drivers must be held to a high standard because so many citizens place enormous trust in them on a daily basis.

While the N-Judah may not become the safest Muni line anytime soon, there are some solutions that the SFMTA could employ in the meantime. For one thing, it is imperative that Muni drivers receive continued training on traveling through San Francisco's busy streets so that as many accidents as possible can be avoided.

In a California personal injury case, victims are entitled to be compensated for the value of medical and other care, for pain, suffering, and mental suffering, for damage to your car and any other property, and for lost wages. Typically, California has a two-year statute of limitations for accident cases. However, it is important to remember that accidents with a public transit vehicle have a shorter statute of limitations because they involve a governmental entity. Claims against a public entity must be filed with the appropriate agency within 6 months of the date of harm.

Our Muni accident lawyers are very experienced with cases involving San Francisco Muni buses and streetcars. We have represented passengers riding Muni vehicles, pedestrians struck by Muni vehicles, and drivers whose cars were hit by Muni vehicles.

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Family Settles $5M Lawsuit in Fatal Car Crash With LAPD

The Los Angeles Times recently reported that a settlement was reached in a case involving a horrific 2009 car crash between the LAPD and a young woman. The woman, who died a few days later, was 25-year-old Devin Petelski. Petelski was driving home from her job as a counselor for troubled children. She suffered traumatic chest and head injuries. Following the accident her family filed a California wrongful death lawsuit against the city police, claiming that the patrol cop was driving at excessive speeds and failed to turn on the car's emergency lights and siren.

Despite the settlement, each side has provided drastically different accounts of the accident. The police officers involved were responding to the scene of a burglary in process. They claim that Petelski came flying out from a side street, causing them to slam into the driver's side of her BMW sedan. Both officers suffered minor injuries after swerving onto the sidewalk and hitting a tree. The first officer who arrived on the scene performed CPR on the young woman and stated he detected the smell of alcohol on Petelski's breath, a claim that was resoundingly dismissed when blood tests were done at the hospital shortly after the crash.

When a car or other type of accident causes a death in California, San Francisco accident lawyers know that many types of evidence can affect the outcome of a case. For example, eyewitness testimony can be extremely important in persuading a jury. In Petelski's case, witnesses provided varying accounts, with some saying the police were driving as fast as 80 mph. The officers claimed they were going approximately 50 mph.

Accident reconstruction can also serve as powerful evidence in a wrongful death case. According to the LAPD's Specialized Collision Investigation Detail, the officers were traveling at approximately 49 mph at the moment the brakes were applied. Members of the Detail measured the length and direction of the skid marks left by the tires, weighed the two cars, and determined where the cars ultimately ended up after the accident. However, when an independent expert completed tests on the police car's powertrain control module (a device similar to a black box on an airplane) they concluded that the police car slowed nearly to a stop and then rapidly accelerated less than 20 seconds before colliding with Petelski. After this evidence came to light, the LAPD and Petelski's parents reached a settlement.

As a San Francisco personal injury attorney, I have handled many accident cases involving public entities over the years. Public entities could include BART, Muni, or school buses. Such accidents have specific claims-filing requirements that are different from the general two-year filing requirements for standard personal injury cases, including wrongful death cases. Typically, if you become involved in an accident with a government entity, your claim must be filed with that entity within six months. Talking with a lawyer before that six-month period ends is crucial in cases where a public entity may be a defendant. Otherwise, your legal claims could be time-barred, which means that you may not be able to recover any form of financial compensation to cover medical expenses, lost wages, or other injuries.

Sadly, Petelski's death probably could have been prevented. When accidents happen, Bay Area accident lawyers know it can be reassuring to have a dedicated advocate on your side. The lawyers at Callaway & Wolf will give your case the professional, personalized attention you deserve.

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A mechanic working on a bus at a maintenance yard in the Bayview district suffered fatal injuries the morning of December 15, 2011, when the bus rolled over him. Fifty-eight year-old Walter Pietilla was working under the bus' hood when it apparently rolled off the support ramp and pinned him underneath, crushing him to death. The reason for the accident remains unknown. The bus and maintenance yard are owned by San Francisco-based Cal Experience LLC, which provides "party bus" services.

Cal-OSHA, California's workplace safety agency, is investigating the incident to try to determine what caused the bus to roll off of its support ramp. It will review the company's safety procedures and will interview employees and managers regarding how safety procedures are carried out and how employees are trained. Cal-OSHA has stated that Cal Experience has no prior history of workplace violations. If Cal-OSHA finds that the company is in violation of state workplace safety rules, the company could face fines ranging from the hundreds to thousands of dollars. The results of this investigation will help determine the legal rights and obligations of both Cal Experience and the worker's estate.

News reports do not indicate if Pietilla was an employee of Cal Experience, if he was employed by a company contracted to Cal Experience, or if he worked in some capacity as an independent contractor. Employees who suffer injuries on the job must ordinarily pursue damages through the workers' compensation system. This allows for employees to claim damages for injuries sustained while performing work duties, but it often limits damages and involves a great deal of administrative work.

Work sites may involve a variety of companies contracted to one another, and it is not always apparent which workers are employed by which company. A claim under the theory of third-party liability may be possible when a worker suffers an injury caused by someone who is not the worker's direct employer, such as a subcontractor, or when the worker is an independent contractor.

An owner or manager of property often has liability to people injured by dangerous conditions on their property, under the legal theory of premises liability. This could include liability for failure to repair a defect or damage on the premises, or failure to reasonably provide for the safety of people working on the premises. A worker injured on the job, in the absence of a workers' compensation claim or a claim under third-party liability, might have a claim under a premises liability theory against the person or business that has control over the premises themselves.

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