Author: Rahman Law PC

Share the Road this May: National Motorcycle Safety Awareness Month 2017

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national motorcycle safety awareness month 2017

In 2014 (the most recent year with published statistics by the California Office of Traffic Safety as of May, 2017), San Francisco County has some serious motorcycle safety awareness statistics:

379 motorcyclists killed or injured in a collision

This puts San Francisco County at 1 of 58 for the OTS ranking which is how cities measure-up to other cities of similar populations.

At Rahman Law PC, we also have an office to represent motorcycle accident clients in San Luis Obispo County.  This county ranks 29 of 58 on the OTS ranking with:

103 motorcycles killed or injured in a collision

Why are we bringing up these statistics?  Because May is National Motorcycle Safety Awareness Month!  And this year we want to help raise awareness for safety to motorcycles, too!  We are motorcycle accident lawyers in San Francisco and San Luis Obispo and safety starts with awareness, just like when we advocate for bicycle safety awareness.

What Can You Do For National Motorcycle Safety Awareness Month 2017?

If you ride a motorcycle or know someone who rides:

  • Get your helmet checked for age, damage, and fit – take it in to an authorized dealer.
  • Wear reflective gear and consider adding a new piece to honor National Motorcycle Safety Awareness Month.
  • Wear protective gear with armor and pads from head to toe.
  • Brush up your skills – Many motorcycle riding schools offer advanced riding courses.

If you are an automobile driver (4 wheels and not 2):

  • Remember to look twice – motorcycles can be harder to see in mirrors.
  • Watch turns – motorcycle blinkers often do not have automated “offs” like cars.
  • Give extra space – motorcycles can use their clutch to slow down before they brake which will not show you a brake light (until they do brake) giving you less time to stop.

Motorcycles can be a fun way to get around and in San Francisco an easier way to find parking.  If you or a loved one enjoys motorcycle riding for commuting or for cruising, be sure to share these tips for a safe National Motorcycle Safety Awareness Month 2017 and let’s make every month a safer month for motorcycles and bicycles.  Until Vision Zero becomes a reality in San Francisco and hopefully San Luis Obispo, too (vision zero means zero traffic deaths and was adopted to safety policy by the City and County of San Francisco in 2014), remember that the personal injury attorneys at Rahman Law PC are here for you whether you need a motorcycle accident lawyer, bicycle accident attorney, or other personal injury counsel, contact us today.

Street Safe Act 2017 for Pedestrian Accident Prevention

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pedestrian accident lawyerLast month, Assemblyman David Chiu said what I’ve been saying for some time now:

“Speed kills.”

(See my article titled “Speed Kills” in Plaintiff Magazine here)

But I’m sure I’m not the first to say it.  The important thing is that Assemblyman Chiu has joined forces with San Francisco Mayor Ed Lee, San Jose Mayor Sam Liccardo, the City and County of San Francisco, the City and County of San Jose, Walk San Francisco, and other officials and organizations to do something about it!

They have announced the Safe Streets Act of 2017.  It’s a pilot program to reduce speeding utilizing cameras.  The technique captures a photo of vehicles traveling over the speed threshold and is being used in other locations across the country.  It is known as “ASE” and claims to be proven to reduce collisions resulting in catastrophic injury or death.  The pilot program will be located in areas known for speed related in collisions.

In the press release announcing the Street Safe Act 2017, it was reported that in San Francisco, an average of 30 people are killed per year while approximately 500 more are hospitalized in traffic collisions.  It did not specify pedestrians from vehicle drivers and passengers, but we know from other studies that in 2013, 21 pedestrians were struck and killed in San Francisco.  The numbers of pedestrian accidents in San Francisco are staggering and while speed is a contributing factor in 30% of deaths caused by a traffic collision nationwide, in San Francisco in 2013, speed was the #1 cause of fatalities (sfmta.org/visionzero; SFPD Crossroads Database 2010-2014.).

So yes, speed kills.  But people keep speeding.  The ASE cameras might help make the streets safer.

This is the kind of technology that might put pedestrian accident lawyers in San Francisco and San Jose out of business you say?  We frankly hope it will!  It is part of the Vision Zero plan, a safety initiative with a two-year strategy in San Francisco for engineering, enforcement, and education with the vision that no one should die simply by trying to get around.  At Rahman Law PC, we are advocates for safer roads.  Shaana Rahman is on the Board of Walk San Francisco and we participate openly in the mission to make the streets safer for pedestrians, bicyclists, wheelchair assisted pedestrians, and even motorcyclists; all of the modes of transportation where the human is more exposed and more likely to have a catastrophic injury in an accident with a vehicle.  We are pedestrian accident lawyers to protect your rights when it’s needed and we’re excited about the Street Safe Act of 2017 because it has the potential to educate the public about road safety through enforcement which could save lives in the future.

Speed Kills: Pedestrian Collisions Can’t Be Ignored

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rahman law in plaintiff magazine

The lawyers at Rahman Law are committed advocates of pedestrian rights, which means we represent pedestrians who have been hit by cars in California, particularly in urban areas on the central coast like San Francisco.  But you don’t have to be in an urban area to find yourself the victim in need of a pedestrian accident lawyer.  We are all pedestrians.  Think about it: 100% of our commutes involve walking, even if it’s just to and from our car.

Yet we don’t normally associate ourselves as pedestrians and this mindset has led to a tragic “blame the victim” social stigma.  Honestly, what’s the first thing that comes to mind when you hear someone was struck by a vehicle?  Right now, you’re probably wondering if they were playing Pokémon Go with their eyes glued on their smartphone and not traffic, but we shouldn’t jump to conclusions that the victim was at fault – EVER.  Both sides have a story, and in a situation where tonnage rules, the pedestrian is the one to sustain the more serious injuries.

Shaana Rahman, a pedestrian accident lawyer and the principal and founder of Rahman Law PC, was published last month in Plaintiff Magazine regarding her viewpoint as a pedestrian accident lawyer representing the family of a child hit in a crosswalk on his way to school.  The local media immediately fell to whispering about the possibility that the child was not paying enough attention to his surroundings and locals wanted to know if the boy was even in a crosswalk or had been jaywalking.  This struck Ms. Rahman as yet another case where blame was immediately thrown onto the victim falsely.  Where has our empathy for pedestrian accident victims gone?

Here is an excerpt from the magazine about her insight as a pedestrian accident lawyer in this instance:

The fact is one case in particular has stuck with me over the years and caused me to re-examine pedestrian cases. It was a case in which I represented the family of a 13-year-old child hit in a crosswalk on his way to school. The boy, hit by a young driver coming off a late shift at a Krispy Kreme, lived but suffered irreparable brain damage that left him in a persistent vegetative state. The first thing that struck me were the initial whispers in the media and from locals speculating that the child was wearing headphones, or may have been a foot or so outside the crosswalk, or perhaps darted out into the street. None of those things were true, of course, but it was interesting to witness the subtle bias we have in urban areas against pedestrians, despite the fact we are all pedestrians at some point or another. For a long time, we have had a very “blame-the-victim” mentality when it comes to pedestrian collisions.

Also, despite the clear responsibility of the driver for the collision, my clients insisted that their son wouldn’t have been hit if there had been a stop sign at the intersection, like the residents of the neighborhood had been demanding. This led me down a road of many, many public records act requests and fights with the City Attorneys’ office. The evidence I uncovered was really astounding.

You can read more about the injured boy and the case Ms. Rahman fought in her article Speed Kills: The Road to Stopping Pedestrian Fatalities Begins with the Speed Limit in July’s issue of Pedestrian Magazine here:

Plaintiff Magazine Pedestrial Accident Lawyer

When Adding Bike Lanes Actually Reduces Traffic Delays

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In New York, smart street design helped the city have its safety and its speed, too. 

A great article on Mother Jones about “level of service” and how California is a state that is leading the charge against it. “Level of Service” is the argument against implementing bike lanes for fear that less road space for cars will cause more traffic and delays. Mother Jones explains a new report by the New York City Department of Transportation which shows car traffic can be maintained while increasing rider safety.

http://www.motherjones.com/environment/2014/09/adding-bike-lanes-reduces-traffic-delays-new-york-city

 

The Status of Bay Area Bike Share

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bikeshare

(Source: http://thecityfix.com/blog/bike-sharing-the-newest-mode-of-public-transport/)

Happy belated one-year anniversary to Bay Area Bike Share!

Unfortunately, financial problems at the program’s operator and supplier have held up plans to add bikes and locations. According to representatives of SFMTA, the response to the program has been overwhelmingly positive, and is considered a success. The system has 5,000 annual members and 28,000 “casual” members with the bikes being used an average of 3 times a day.

Despite the popularity, reported success and plans for expansion, the program is facing financial problems. The city currently has approved funding to add 1,000 more bikes system wide to 17 new locations, including stations the Castro and the Mission. On top of that, the SFMTA is seeking $25 million in private funding in order to add 3,000 more bikes at 250 more stations. However, talks with private companies are stalled because Bay Are Bike Sharing’s bike and bike software supplier—Public Bike System Company (PBSC)—has filed for bankruptcy and been sold to another company.

Regardless, it seems that expansion of the program is going to happen, but it might not be as fast as SF bike riders want or need.

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

(Source: http://ww2.kqed.org/news/2014/08/29/bay-area-bike-share-expansion-stalls/) 

To Veto or Not to Veto?

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Not too long ago, Governor Jerry Brown aided making California a safer biking and walking community by passing the Three Feet for Safety Act, effective since September 16, 2014, which requires drivers to give at least three feet’s space in between any part of the motor vehicle and any part of the bicycle or its operator when overtaking or passing a bicycle. The approval of this bill was a significant accomplishment to the growing bike-safety movement that persistently promoted street safety through campaigns such as “Be Nice, Look Twice” and “Vision Zero,” which encourage bicyclists and pedestrians to take matter into their own hands and take extra caution when sharing the street with motor vehicles. However, despite Governor Brown’s approval of AB 1371, three other bills that purported to improve road safety have recently been vetoed:

SB 1151: This bill would add Section 42011 to the Vehicle Code, which would “require that an additional fine of $35 be imposed if the violation occurred when passing a school building or school grounds, as specified, and the highway is posted with a standard “SCHOOL” warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone. In addition, this bill would require “that these additional fines be deposited in the State Transportation Fund for purposes of funding school zone safety projects within the Active Transportation Program.

Governor’s Veto Message:

“Increasing traffic fines as the method to pay transportation fund activities is a regressive increase that affects poor people disproportionately. Making safety improvements in school zones is obviously important, but not by increasing traffic fines.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml)

AB 2337: This bill would prohibit the department from reinstating a person’s privilege to drive a motor vehicle until the expiration of 2 years after the date of revocation and until that person gives proof of financial responsibility, when that person is the driver of a vehicle involved in an accident resulting in death or permanent, serious injury to another person, and the department receives a duly certified abstract of the record of a court showing that the person has been convicted of failing to fulfill the requirements described above.

Governor’s Veto Message:

“While I consider hit-and-run collisions to be very significant events, current penalties seem to be at appropriate levels.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2337)

AB 1532: This bill would provide that a driver of a vehicle involved in an accident where a person is struck shall immediately stop the vehicle at the scene of the accident and provide specified information including, but not limited to, his or her name and current residence address. A violation of these provisions would be either an infraction, punishable by a fine not exceeding $250, or a misdemeanor, punishable by imprisonment in the county jail for 6 months, or by a fine not exceeding $1,000, or by both, and the Department of Motor Vehicles would be required to immediately suspend the driver’s license of a convicted driver for 6 months.

Governor’s Veto Message:

“California has a very extensive set of criminal laws and penalties. This measure would create a new crime that includes a fine and penalty assessments up to $4,231 and possible jail time of six months. I don’t find sufficient justification for creating a new crime when no injury to person or property occurred. I think current law is adequate.”

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1532)

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

Three Feet for Safety Act

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Three-Feet-for-Safety-Act (Source: http://theavtimes.com/2014/09/15/three-feet-for-safety-act-takes-effect-tuesday/)

This is the moment all bicycle advocates have been waiting for- after years of joined effort by advocates, the “Three Feet for Safety Act” signed by Governor Jerry Brown finally came into effect September 16, 2014. This act ensures that motor vehicle drivers give bicyclists at least three feet of space when passing them. The following are the newly implemented rules in the “Three Feet for Safety Act”:

21760. (a) This section shall be known and may be cited as the Three Feet for Safety Act.

(b) The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.

(c) A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.

(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.

(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty–five dollars ($35).

(2) If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two –hundred–twenty–dollar ($220) fine shall be imposed on that driver.

(f) This section shall become operative on September 16, 2014.

Added Sec. 3, Ch. 331, Stats. 2013. Effective September 16, 2014.

As a rider and supporter of the biking community, Shaana Rahman anticipates that the “Three Feet for Safety Act” will aid in making San Francisco a truly bike-friendly city.

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

(Source: https://www.dmv.ca.gov/pubs/vctop/d11/vc21760.htm)

Study Confirms Cyclists Feel Safer in Bike Lanes

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Protected-Bike-Lanes-Mean-Business-e1398201572990

(Source: http://www.sfbike.org/news/protected-bike-lanes-mean-business-in-sf-and-around-the-country/)

This June, the National Institute for Transportation and Communities released the final report of the first intensive study conducted on “Evaluating Protected Bike Lanes in the U.S.” The growing presence of various bike-friendly communities around the U.S.  and consequently  increasing bike traffic undoubtedly led the institute to compile and evaluate data that will aid in developing safer biking communities.

The study included data that examines protected bicycle lanes from five cities: Austin, TX; Chicago, IL; Portland, OR; San Francisco, CA; and Washington, D.C. This study purports to indicate the effects of protected bike lanes through surveys, video observation of ridership and interaction between bicyclists, motor vehicle drivers and pedestrians. The study gives strong indication that the vast majority (approximately 91%) of residents in a particular city support the presence of bike lanes: “residents and bicyclists indicated that any type of buffer shows a considerable increase in self-reported comfort levels over a striped bike lane…”  The following are few of the various data revealed in the report:

  • Nearly all cyclists (92%) who used the intersections with separate bicycle signal phases agreed that they felt “safe” when riding through the intersection. This exceeded all other intersection designs and is the only design evaluated where the protected lane carries all the way to the intersection.
  • Designs with more physical separation had the highest scores for cyclist comfort. Buffers with objects (e.g. flexposts, planters, curbs, or parked cars) had higher comfort levels than buffers created only with paint
  • Nearly every intercepted bicyclist (96%) and 79% of residents stated that the installation of the protected lane increased the safety of bicycling on the street. These strong perceptions of improved safety did not vary substantially between the cities, despite the different designs used.
  • Three in four residents (75%) said they would support building more protected bike lanes at other locations. This support was strong even among residents who reported “car/truck” as their primary commute mode —69% agreement).
  • Overall, 91% of surveyed residents agreed with the statement “I support separating bikes from cars”. This includes primary users of all modes (driving, walking, transit, and bicycling).

The report is full of data that generally indicate one clear message: Protected bike lanes are good and wanted by not only bikers, but also by pedestrians and motor vehicle drivers. This report is extensive in its research and, fortunately, includes surveys conducted on our very own San Francisco residents, solidifying the reasons why this city’s movement for a more bike-friendly environment is not for nothing.

 

(Source:  http://ppms.otrec.us/media/project_files/NITC-RR-583_ProtectedLanes_FinalReportb.pdf)

Vision Zero

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Slow-Watch-Pedestrians-Sign-K-5169

Despite campaigns such as “Be Nice, Look Twice,” which encourages pedestrians to always be aware of the presence of automobiles and take caution, the statistics of accidents in San Francisco is still frightening- vehicles struck more than 800 people resulting in the loss of 21 lives in 2013.  Walk San Francisco reported that despite the city’s A+ grade score in walkability, pedestrian safety remains a D+. However, Walk San Francisco recognizes the city’s efforts in improving street safety, giving San Francisco an overall score of C+.

Vision Zero is one of San Francisco’s efforts to improving street safety. Vision Zero originated in Sweden in the late 1990s, and assumed that accidents are the “result of human error that can be lessened, if not eliminated, through better engineering, education, traffic law enforcement and analysis of data.” San Francisco is one of three cities in the United States to adopt this plan, which aims to completely eliminating pedestrian fatalities by 2024. By analyzing accident “hotspots,” which the city transportation agency and health department stated tend to be “wide, one-way streets that drivers tend to treat like freeways,” Vision Zero advocates purport to work with various agencies to make the streets of San Francisco safer.

As a member of the Board of Directors of Walk San Francisco, Shaana Rahman is committed to reducing the number of pedestrian collisions.

If you ever need a pedestrian injury attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

(Source: http://www.sacbee.com/2014/07/06/6537106/san- francisco-works-to-improve.html)

Increase in Traffic Citations

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There seems to be a profound effort to finally work towards making San Francisco a truly pedestrian-friendly city and get its name off the list of 20 least safe cities for drivers and pedestrians. Police Chief Greg Suhr reports that from January 2013 to February 2014, there was a 53 percent increase in citations citywide. The police department has given officers orders to prioritize transit safety; all 10 police stations now emphasize catching traffic violators.

In the past month alone, a total of 10,989 citations have been handed out, most of which were given for speeding and failing to yield while making a left or U-turn . Police officers are watching out for the five traffic violations that are the leading causes of collisions: 1) running a red light 2) failure to halt at a stop sign 3) violating a pedestrian right of way 4) failure to yield making a left or U-turn 5) speeding. However, keep in mind that not only drivers are subject to receiving citation tickets, but also pedestrians and bicyclists who fail to abide by city traffic codes.

The efforts by various organizations, such as Walk San Francisco, to make San Francisco’s streets safer is paying off through the City’s recognition of the fatal consequences of weak traffic patrol and prioritization of securing and reinforcing traffic codes.

As a member of the Board of Directors of Walk San Francisco, Shaana Rahman is committed to reducing the number of pedestrian collisions.

If you ever need a bicycle accident attorney in San Francisco, Paso Robles, or the surrounding Central California Coast area, contact us for a free consultation.

(source: Kwong, Jessica. “Cracking Down on Traffic Scofflaws.” The Examiner 14 Mar. 2014: 1. Print.)