San Francisco Injury Attorney Blog

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

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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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