pedestrian accident lawyer

What You Need To Know About California’s New Daylighting Law

Posted on by Shaana A. Rahman

At the end of 2023, California Governor Gavin Newson signed into law SB 413, making it illegal in California to park within 20 feet of the approach of any marked or unmarked crosswalk, whether or not there is a red curb painted or a sign. 

What is the ‘California Daylighting Law’ is all about?

The new law (SB 413 or the ‘California Daylighting Law’) amends Section 22500 of the California Vehicle Code, adding a new section to the law prohibiting stopping, standing or parking of a vehicle within 20 feet of any marked or unmarked crosswalk or within 15 feet of any crosswalk with a curb extension.  For now, cities can only issue a warning if the law is violated, unless the area has already been painted red or a sign erected.  On January 1, 2025, violators can be cited.

Daylighting, or removing visual barriers within a minimum of 20 feet of a crosswalk or intersection, makes everyone on the street easier to see.

Why do we need this law for pedestrians?

Until AB 413 was passed, California was one of only 10 states that did not have a law restricting parking near crosswalks, despite the high rate of pedestrian injuries and fatalities.  The law allows cities to implement a pedestrian safety concept called daylighting which increases visibility for both pedestrians crossing the street and drivers approaching an intersection.  With daylighting, pedestrians no longer have to edge into the intersection to try and peek around parked cars for approaching traffic.  Daylighting increases safety for drivers too as it gives drivers a clear view of the intersection, allowing them to see if someone is waiting to cross, well before they reach the intersection.  This also helps drivers more readily identify children, who are less visible at intersections behind parked cars, who are waiting to cross the street.  

Preventing fatal pedestrian injuries

Some cities, like San Francisco began implanting daylighting in 2015, after adopting Vision Zero, a nationwide movement putting safety first to decrease traffic deaths to zero by 2024.  San Francisco started their program in some of the high injury network streets where there are the most concentrated numbers of severe and fatal pedestrian injuries.  By 2019, San Francisco had implemented daylighting in the collection of intersections throughout the city where more than two-thirds of all severe and fatal traffic crashes happen. 

Won’t this California Daylighting Law remove parking spaces?

In moving cities toward a new mindset where streets are shared by pedestrians, cyclists, transit and cars there will always be trade-offs between safety and convenience.  The reality is at some point during an average day, most of us will be a pedestrian, whether we define ourselves that way or not.  Whether you drive and park your car to run and errand and cross a street, or are car-free and walk everywhere, you are a pedestrian and now there is a law in California that will help improve the chances that you can get from one side of the street to the other safely. 

New Year, New Law for Pedestrians

Posted on by Rahman Law PC

Pedestrians are safest in crosswalks.  However, crossing the street outside of a marked crosswalk is still something pedestrians do and is commonly known as jaywalking–crossing between adjacent intersections controlled by traffic signal devices or law enforcement where there is no crosswalk.  California law has historically prohibited jaywalking allowing police officers to issue citations for a moving violation to pedestrians carrying a fine of up to $250.00. (California Vehicle Code section 21955). 

Unfortunately, California has seen an inequitable number of jaywalking fines going to minority groups, which is part of what started the momentum behind the “Freedom to Walk” act signed in by Governor Gavin Newsom.  Phil Ting, a San Francisco assembly member helped write the legislation along with fellow assembly member Laura Friedman of Glendale.  Mr. Ting commented that “minority groups don’t need to be harassed by law enforcement.” Data from the California Racial Identity Profiling Act shows that Black people in San Diego are 4.3 times as likely to be cited for jaywalking as white pedestrians and 3.7 times as likely to be cited by the Los Angeles Police Department. Effective since January 1, 2023, the new law restricts police officers from stopping pedestrians for jaywalking unless “a reasonable person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power” (which would be something like a bicycle). The new act, AB-2147,  also applies to pedestrians walking against a traffic light or pedestrians not walking closest to the left side of the road. 

The key here is “reasonable person.”  A police officer may still issue a ticket to a pedestrian that violates the laws that apply to pedestrians if they believe you are going to cause a collision. 

AB-2147 was enacted to rectify the disparity of the imposition of monetary fines on minority groups and the targeting of individuals for minor infractions of the law.  The changes to the law decriminalizes jaywalking and the law now can’t be used as a pretext to detain someone. But, there are still laws on the books that require pedestrians to use crosswalks, obey traffic signals and other basic traffic laws.  The sad fact is that even when pedestrians follow safe practices for walking and crossing the street, including using crosswalks and obeying traffic signals, pedestrian fatalities in the U.S. are high.  2022 was a record-breaking year for pedestrian fatalities with an estimated 7,485 pedestrian deaths in the United States, the most in four decades.   San Francisco saw 13 pedestrians killed in 2021, and on average more than 500 are severely injured each year.   So while we support the goal behind AB-2147 to end targeting of racial minorities and low-income communities, we believe that whenever or wherever you are walking you need do whatever you can to stay safe and stay visible to cars.   We support Vision Zero and we won’t stop advocating for pedestrian safety until we see ZERO pedestrian and bicyclist fatalities each year.

If you or a loved one wishes to speak with a pedestrian accident lawyer in California, please contact us.  Consultations are free.  We have offices in San Francisco and Paso Robles, California.

free san francisco personal injury lawyer consultation

Pedestrian Fatalities Peak in 2019; Highest Since 1988

Posted on by Rahman Law PC
pedestrian accident lawyer

We are pedestrian accident lawyers and we take our mission as advocates for pedestrian (and bicyclist) safety to heart, and we think you’ll agree with us when we say the increase in pedestrian fatalities is something to speak up about. 

Over the past 30 years, pedestrian fatalities have been increasing in the United States and California is one of the states with the most fatalities.  New (preliminary) data is out and it shows that 2019 will be the year with the most pedestrian fatalities since 1988! The report comes from the Governors Highway Safety Association (GHSA) and they predict that 6,590 pedestrian fatalities occurred in 2019 from their preliminary data.  This is a 53% increase of pedestrian fatalities just since 2009.

California is looking like it will reclaim its place as the state with the most pedestrian fatalities (Florida took the title away from California in 2015).  Vision Zero in San Francisco has been raising more awareness for pedestrians and pedestrian safety in San Francisco, but 2019 did not meet its target even though 2017 and 2018 saw reduced numbers in pedestrian fatalities within the County.

We won’t stop until we see ZERO pedestrian and bicyclist fatalities and neither should you!

This new data is alarming.  But that doesn’t mean we should quit fighting.  The report from the GHSA included correlational data about the increase in smartphones and the shift between owning fewer passenger cars and more light trucks or SUVs, but correlation isn’t a guarantee of causation.  We’ve written in this blog before about the relationship speed plays in pedestrian and bicyclist injuries and concerns over the relationship rideshare services play in the rise of traffic fatalities.  There are many factors involved. 

Here’s what we do know:

  • Distractions while driving are increasing
  • Alcohol is a factor in nearly half of pedestrian accidents with a fatality
  • Speed is the top factor in pedestrian accidents with a fatality
  • Most incidents resulting in pedestrian fatalities occur in urban areas and at night
  • Injuries and fatalities happen at intersections but most fatalities occur away from intersections

What this means for drivers:

  • Put distractions out of reach
  • Never drive impaired by drugs, alcohol, or sleep deprivation
  • SLOW DOWN
  • Be extra vigilant when driving at night
  • Watch for pedestrians around parked cars and not just at crosswalks

None of these requests are difficult to achieve and when driving, we all must do our part to protect pedestrians, after all, we are all pedestrians even if that’s just walking to and from our car.

If you would like to read more about the rise of pedestrian fatalities from the GHSA, the report is available here: https://www.ghsa.org/resources/Pedestrians20

As pedestrian accident lawyers, this topic is important to us.  You are welcome to browse through our other articles on pedestrian accidents, injuries, safety and advocacy here: https://www.rahmanlawsf.com/archive/category/personal-injury-lawyer/pedestrian-accident-lawyer/

If you or a loved one wishes to speak with a pedestrian accident lawyer, please contact us.  Consultations are free.  We have offices in San Francisco and Paso Robles, California.

Contact Rahman Law PC

San Francisco Personal Injury Attorneys Rahman Law PC Sponsor Walk to Work Day 2019

Posted on by Rahman Law PC
Walk to Work Day 2019

Walk to Work Day 2019

SAN FRANCISCO, Calif., April 2, 2019 (SEND2PRESS NEWSWIRE) — San Francisco Personal Injury Attorneys, Rahman Law PC, are pleased to announce their repeat sponsorship of Walk San Francisco’s annual Walk to Work Day. The event will take place Wednesday, April 10, 2019 between 7:30 a.m. and 10 a.m. Last year’s event was the biggest ever and participation is expected to increase again this year. San Francisco was the first city in the nation to officially celebrate Walk to Work Day in 2013 and Rahman Law PC has participated in or sponsored the event for the past 6 years.

Walk to Work Day was introduced by Prevention Magazine in 2004 to encourage walking as an everyday part of a healthy lifestyle. San Francisco made Walk to Work Day official to further this mission by raising pedestrian safety awareness to make walking better in San Francisco every day. Walk San Francisco, a non-profit dedicated to making the streets of San Francisco a more livable, walkable shared public space, supports Walk to Work Day with Hubs where volunteers give out freebies, coffee, and prizes for commuters who participate.

As with last year, Walk to Work Day 2019 will include a rally at City Hall at 9 a.m. to give pedestrians an opportunity to ask City leaders to make the streets safer for everyone.

Shaana Rahman, the principal and founder of Rahman Law PC, is a personal injury attorney in San Francisco and Paso Robles. Ms. Rahman serves on the Board of Directors of Walk San Francisco and believes in advocating to keep San Francisco safe for everyone. As a personal injury attorney in San Francisco, she has seen firsthand how dangerous the high-injury corridors can be to pedestrians. These corridors are the 6 percent of streets in San Francisco where 60 percent of pedestrian injuries and fatalities from collisions occur. Last year, there were 15 pedestrian fatalities in San Francisco, which is fewer than in 2013, the year Walk to Work Day became official in San Francisco, but still too many.

In addition to sponsoring Walk to Work Day in San Francisco, Ms. Rahman and some of the Rahman Law PC staff will be volunteering at a Work Day Hub. Work Day Hub locations can be found on the Walk San Francisco website (walksf.org). To meet Ms. Rahman and the other personal injury attorneys of Rahman Law PC, follow the Rahman Law PC Facebook page (facebook.com/rahmanLawSF) to find out which Hub they will be at and receive updates on making San Francisco a safer place for pedestrians.

Personal Injuries Are Happening Inside the Crosswalk: WalkFirst Initiative

Posted on by Rahman Law PC

personal injury attorney crosswalks in san franciscoWalkFirst is part of the Vision Zero program targeting ways to reengineer the City of San Francisco to reduce personal injuries to pedestrians from vehicle collisions.  170 locations have been identified as the highest priorities and they are being corrected over the next five years.  As personal injury attorneys in San Francisco, we’ve been following along with these plans excitedly.  WalkFirst is focusing on Engineering, Enforcement, and Education to reduce the number of fatalities and personal injuries to pedestrians and we think it’s great!

Engineering to Reduce Personal Injuries to Pedestrians with WalkFirst

Many of the changes you will see in San Francisco revolve around intersections with Stop signs and crosswalks.  If you’re wondering why that is, much of the WalkFirst data was created in conjunction with SFMTA Municipal Transportation Agency.  Their San Francisco 2012-2015 Collisions Report released in November of 2016 showed many non-fatal injury collisions with pedestrians revolved around exactly that (no. of collisions): crosswalks (1,305), Stop signs (364), and violations of the traffic signals (1,101).  Correcting these three things would correct 23% of pedestrian personal injuries from vehicle collisions.  In an effort to reduce these incidents, the WalkFirst initiative includes pulling back Stop and Yield lines, painting curbs red near crosswalks, and more pedestrian islands.

Speed is understandably at the top of the list for the causes of pedestrian personal injuries caused by vehicle collisions (2,199 or 18%).  To aid pedestrians in crosswalks when the car coming at them is speeding, high visibility crosswalks and HAWK Beacons are also being added along with more medians.   But until these tools are in place, remember to look carefully and make sure the drivers see you before you step off of the curb.

These preventative tools have been engineered to reduce the number of collisions with pedestrians and tested with great success in other urban cities.  The HAWK Beacon has reduced collisions as much as 69% and pedestrian islands as much as 56%.  Altering a traffic signal to have a separate left turn phase can reduce collisions with pedestrians at an intersection by 48%.  Expect to see these changes in the “High Injury Corridors” of San Francisco as WalkFirst and Vision Zero continue to bring the number of personal injuries and fatalities down to zero.  We’ve taken the pledge to support these initiatives, have you?

Law Enforcement to Reduce Personal Injuries to Pedestrians with WalkFirst

Both WalkFirst and Vision Zero have the City and County law officials working with the initiatives to bring about the needed changes.  After identifying the top causes of pedestrian collisions (there are nine top factors in collisions with personal injuries and the “Focus on Five” linked to collisions with fatalities), SFPD committed 50% of traffic enforcement to these identified most dangerous traffic behaviors.  Data from other metropolitan areas with similar initiatives have found enforcement with education can lead to a 23% reduction in vehicle collisions with pedestrians.  This includes red light cameras which have already led to a reduction in severe and fatal traffic injuries at their intersections.

WalkFirst and Vision Zero Education

Every day in San Francisco, about 3 people are hit by cars while walking and we have four times the national average of pedestrian fatalities for our traffic fatalities.  WalkFirst and Vision Zero along with the City of San Francisco have all launched campaigns to educate the public about the issues with traffic safety in San Francisco.  We are all pedestrians every day.  Here at Rahman Law PC, we advocate for safer streets in our community for pedestrians and bicyclists and actively participate in WalkFirst and Vision Zero.  As personal injury attorneys, we see the reality of these injuries every day and know that change is needed.  If you would like more information, please visit these resources:

http://walkfirst.sfplanning.org/

http://visionzerosf.org/

Plan a Safe Route to School: Focus on Five to the Reduce Number of Wrongful Deaths

Posted on by Rahman Law PC

wrongful death attorney

Your child has a right to attend a safe, secure, and peaceful school environment and all reasonable steps are to be taken by the school district to protect its students (Ed. Code § 48200), but what about the route getting to and from school?  How do you protect your child from a catastrophic injury or worse – wrongful death – on their school route?  The number of fatalities to pedestrians and cyclists in San Francisco are decreasing each year since 2013, but it’s still too high (even one is too many and we support Vision Zero for San Francisco).  In 2017, 14 pedestrians, 4 motorcyclists, and 2 bicyclists were killed in vehicle collisions.  Pedestrians have continued to be the largest group for wrongful deaths due to vehicle collisions in San Francisco since at least 2010.  We want to help you with information about how to protect your child from a catastrophic injury when they are on their way to a safe place, to prevent you from needing a wrongful death attorney.

San Francisco Municipal Transportation Agency’s Sustainable Streets Division has created their list of the “Focus on the Five” for traffic enforcement officials to look at.  These five conditions result in the most injuries for pedestrians and cyclists.  To help your child be prepared for a safe walk to ride to school talk to them about these five conditions and what to look out for at intersections to prevent a catastrophic injury:

Focus on Five to the Reduce the Number of Wrongful Deaths:

  • Unsafe Speed
  • Failure to Yield to Pedestrians
  • Violation of Traffic Signal
  • Failure to Yield for Left/U-Turn
  • Failure to Stop at Stop Sign

Pedestrians in California have the right-of-way in many circumstances and drivers should yield to them, but it is important for children to understand the difference between “should” and “will.”  The same is true for stopping at Stop signs or even stopping completely and looking both ways for pedestrians at a crosswalk.  To protect your children on their route to school and keep them from the frightening statistics of wrongful deaths in San Francisco, take the time to walk with them often and help them understand these differences about drivers, especially when children may eventually be walking to school without a taller (more easily visible) adult.  If crosswalk flags are available on their route, they may be used as an added visibility tool, but they do not compensate for understanding the need for children to wait to be seen by the driver before stepping out away from the curb.  The majority of pedestrian wrongful deaths over the years in San Francisco were found to be in crosswalks by the SFMTA.

Plan the Route Carefully Away from Top 13% Streets:

Anyone who has reviewed Vision Zero before might already know about the dangerous areas to walk and ride.  The greater majority of catastrophic injuries and wrongful deaths occur on a very small percentage of San Francisco’s streets: just 13% of the streets and intersections make up about 75% of the fatalities and major injuries.  These are often considered to be the “High Injury Corridors” of San Francisco.  There is an updated and interactive map available from City and County of San Francisco here.  Take time to review this map and look to see if your child’s route passes through an area known to be dangerous.  If one or more wrongful deaths have occurred at an intersection your child plans to pass through daily, consider changing their planned path and discussing with them the need for the new route so that they do not divert from the new plan.  If you are not currently looking at the map, 5th Street and Market Street has been at the top of the list for pedestrian and bicyclist collisions for several years.

safe routes to school in san francisco

(San Francisco Municipal Transportation Agency’s Sustainable Streets Division: San Francisco 2012-2015 Collisions Report, 2016)

 

Local Resources Are Available for Your Child’s Safety

Your school may provide crossing guards at specific intersections.  The school district’s liability is with the school’s grounds, but the school may have additional resources to offer to you.

Walk San Francisco provides annual safe route events to help children learn about planning and executing safe routes to school.  They also welcome your emails.  Rahman Law PC principal and founder, Shaana Rahman, is on the Board of Walk San Francisco, so don’t be surprised if you see her at one of Walk San Francisco’s events!  Learn more about Walk San Francisco’s programs for planning a safe route to school here: http://walksf.org/take-action/safe-routes-to-school.  Their next Walk & Roll to School Day will be Wednesday, October 10th, 2018.

If you are closer to our Paso Robles office, talk to Kidical Mass with Bike SLO County: http://bikeslocounty.org/programs/kidicalmass.  Rahman Law PC sponsors Bike SLO County and some of the Kidical Mass events.  There are no events currently scheduled.

 

A Wrongful Death Can Happen – Call Us

No one ever wants to think about losing their child.  In 2016, only 1 child was lost as a pedestrian fatality in San Francisco, but in California, the average is about 29% of children under 14 killed in a traffic collision are pedestrians which is actually higher than the overall average of 21% of total traffic collision deaths being pedestrians (CDPH Traffic Safety Reports: Pedestrian Injuries in California 2007-2013, June 2017).  Keep talking to your children.  If you or someone you know is injured as a pedestrian or bicyclist in a vehicle collision, call us.  You are welcome to speak with one of our wrongful death attorneys or pedestrian and bicycle accident attorneys.  Consultation are free.

 

San Francisco Injury Lawyers Rahman Law PC Join Walk to Work Day

Posted on by Shaana A. Rahman

san francisco injury lawyers walk to work

SAN FRANCISCO, California, 4/3/2018 – ReleaseWire – San Francisco Injury Lawyers Rahman Law PC are pleased to announce their repeat sponsorship of Walk San Francisco’s annual Walk to Work Day.  The event will take place Thursday, April 5th between 7:30am and 10:00am with participation expected to exceed last year’s 10,000 pedestrian commuters.

 

Walk to Work Day raises awareness that everyone in San Francisco spends a portion of their day as a pedestrian.  By expanding on-foot communizing times, people become more cognizant of the streets and sidewalks around them and why organizations like Walk San Francisco and their advocacy efforts are important to keep pedestrians safe from injury and keep San Francisco a walkable city.

 

Shaana Rahman, an injury lawyer and the principal and founder of Rahman Law PC, is on the Board of Directors of Walk San Francisco.  Ms. Rahman believes in advocating to keep San Francisco safe for everyone and as an injury lawyer in San Francisco she has seen firsthand how dangerous the high-injury corridors can be to pedestrians.  These corridors are the 6% of streets in San Francisco where 60% of pedestrian collisions occur which can result in injury or death.

 

Rahman Law PC is both sponsoring Walk to Work Day in San Francisco and will be volunteering at a Work Day Hub.  Work Day Hubs will be available throughout San Francisco for pedestrians to get coffee, enter drawings for prizes, and pick up additional swag from sponsors.  Ms. Rahman will be at the SFMTA Hub at Market Street and Van Ness Avenue if you would like to meet a pedestrian injury lawyer advocate in-person and learn about current advocacy efforts in San Francisco to keep it walkable.

 

 

About Rahman Law PC

The personal injury lawyers at Rahman Law PC are powerful advocates for people who have been injured through no fault of their own.  What makes Rahman Law PC different from other personal injury law firms is they care about what happens to their clients; they aggressively advocate for their clients’ interests and have a personal relationship with each client, taking the time to listen and figure out solutions that make sense from a legal point of view but also from a human perspective. By providing the highest quality legal services to those who have been injured or have suffered wrongdoing at the hands of other individuals, corporations, or public entities, the personal injury lawyers and trial lawyers at Rahman Law PC have a proven track record of results and have successfully recovered millions of dollars for clients throughout California. Rahman Law PC offers clients attentive service backed with big firm experience, making them ready to take on any opponent.  To learn more about the personal injury lawyers at Rahman Law PC, visit http://www.rahmanlawsf.com or call (415) 956-9245 in San Francisco, (805) 619-3108 in Paso Robles, California.

 

Prevent Pedestrian Accidents for the Disabled to Keep Sidewalks Free and Equal

Posted on by Shaana A. Rahman

Pedestrian Accident Lawyer, Dangerous Roadways

 

In California especially, we protect the rights of the disabled so that they, too, are free and equal.  As pedestrian accident lawyers in San Francisco and Paso Robles, California, we advocate for all pedestrian rights.  Recently, principal and founder Shaana Rahman published the following in Plaintiff Magazine:

The Unruh Act broadly provides that all persons within California are “free and equal” and “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Civ. Code, § 51(b).) The California Disabled Persons Act (DPA) additionally provides that individuals with disabilities “shall be entitled to full and equal access, as other members of the general public,” to places to which the general public is invited. (Civ. Code, § 54.1(a)(1).)  Both Acts broadly prohibit discrimination without qualification and require equal treatment in all public accommodations. (Civ. Code, §§ 51 & 54.)

http://www.plaintiffmagazine.com/recent-issues/item/sidewalks

Access to the disabled is non-discriminatory.  Wheelchair access, persons with vision impairments, those with crutches or walking assistive devices, service animals…   The legislation from the Supreme Court, the DPA, the Americans with Disabilities Act (ADA), and the Unruh Act all lead to the same goal: “the commendable goal of total integration of handicapped persons into the mainstream of society.” (In re Marriage of Carney (1979) 24 Cal.3d 725, 738, 740.)  Preventing pedestrian accidents for the disabled becomes a topic of free and equal access provided that doing so would not “fundamentally alter” the nature of the accommodation per the ADA.

Full and equal access includes the sidewalk.  Uneven sidewalks can be an inconvenience to a young, healthy parent pushing a jogging stroller, but are impermissible to many wheelchairs.  In San Francisco and Paso Robles, the streets and sidewalks are old due to the age of the cities, resulting in gaps, cracks, and deviations in the sidewalks greater than 1”, which can be hazardous to anyone and potentially result in a pedestrian accident.  If you see a dangerous sidewalk, report it.  If you are a property owner, it may be under your duty of care to repair it.  Remember, the general public is entitled to equal access and many cities have ordinances placing the burden of repair for the sidewalk on the property owner.  Courts have already been looking to adjacent property owners to warn and protect the public to prevent pedestrian accidents.

Courts have held a landowner who exercises possession or control over an adjacent sidewalk has a duty to warn or protect pedestrians and others who foreseeably may be in the area from dangerous conditions on the sidewalk.  (See, Alpert v. Villa Romano Homeowners Ass’n (2000) 81 Cal.App.4th 1320, 1335-1337.) In Alpert v. Villa Romano Homeowners Assoc. (2000) 81 Cal.App.4th 1320, the court held that a landowner owed a duty of care to pedestrians using a sidewalk on adjoining property, where the defendant knew the sidewalk was hazardous due to roots from trees located on the defendant’s property. In doing so, the court analyzed the impact of Civil Code 1714(a), Streets and Highways Code 5610, and other authorities in determining liability. In essence, Section 5610 of the Streets and Highways Code established the rule that the owner of the property adjoining the sidewalk has a duty to maintain it. (Ibid.)

http://www.plaintiffmagazine.com/recent-issues/item/sidewalks

Now is a great time to go outside before the rain comes and take a look at the sidewalks around you.  Are they reasonably free of defects to avoid pedestrian accidents?  Do they allow free and equal access to disabled pedestrians?  Are they on or adjacent to yours property?  If you have concerns about liability should a pedestrian accident occur, give us a call.  The lawyers at Rahman Law PC have handled many pedestrian accident cases and can help you understand the ordinances in your area.

Dangerous Sidewalks: Reduce Pedestrian Accidents by Reporting Them!

Posted on by Shaana A. Rahman

Pedestrian Accident Lawyer Dangerous Sidewalks

San Francisco was founded in 1776 and El Paso de Robles first established a post office in 1867, so both of the cities we operate offices in have a history to them and that brings with it old streets and often neglected, dangerous sidewalks (even neglected, dangerous roadways) in areas.  In fact, looking for examples of images to use as broken sidewalks through the Internet made us realize how much easier it would be to go outside and snap a few photos to get better examples.  In San Francisco, VisionZero is bringing attention to the “3 Es” of pedestrian safety: engineering, enforcement, and education.  Engineering will of course take time and we must all keep that in mind, but education and enforcement are things we can all take part of each and every day to reduce pedestrian accidents.

We are all pedestrians each and every day, even if we only walk to and from our cars.  Some people also ride bicycles or walk longer distances for health or to commute via public transportation.  So taking notice of a dangerous sidewalk or roadway and reporting it can begin a process to prevent a future accident for anyone, even yourself if it’s on a route you travel frequently.  Talking with a pedestrian accident lawyer is nearly always after an injury has occurred.

 

In Paso Robles, there is an online Action Request Form to use for any road-related repair request.  The City asks this be used from everything from pot-hole fills to sidewalk repairs: http://www.prcity.com/government/departments/publicworks/action-general.asp

 

In San Francisco there is a mobile SF311 app to use for reporting road-related repairs as well as an online form for potholes and street/road defects.  San Francisco uses separate forms for each item.  In San Francisco, there is also a lot of information about getting your adjacent property sidewalk repaired here: http://sfpublicworks.org/sirp.

 

However, not all sidewalks belong to the City or County government.  As pedestrian accident lawyers, we often must look at all addresses surrounding an accident or injury.  California Streets and Highway Code section 5610 clearly states that a property owner specifically has a duty to maintain any sidewalk that fronts his or her property in a safe manner.  Many cities have also adopted municipal ordinances consistent with California Streets and Highway Code section 5610, placing the burden of repair of sidewalks on the property owner. (E.g., Berk. Mun. Ord. § 16.04.010; San Luis Obispo Municipal Code § 12.16.020; Gonzales v. City of San Jose (2004) 125 Cal.App.4th 1127, 1137 [local ordinance expressly made landowners liable to members of public injured from unsafe conditions on abutting sidewalks].)  In these situations, reporting the dangerous sidewalk is still the thoughtful thing to do.  We have seen instances where the public entity has sent multiple notices to the property owner.  There are also zoning and coding departments that you may call or write to if you know the address of the property owner and wish to escalate the matter to ensure notices are sent.

 

If you are beginning to review the sidewalks you encounter on a daily basis in your mind, think about the difference in elevation between the defects, breaks, or cracks.  When reviewing cases as pedestrian accident attorneys, we’ve seen cases where differences of less than one inch have been considered “trivial” by the judge.  Knowing that both San Francisco and Paso Robles are both kept very busy with road maintenance and repairs, you may find reporting defects in the sidewalk of less than a one-inch rise in elevation get placed at the bottom of the repair list.  Your repair request may also be in a less-walked area and therefore a lower priority.  In San Francisco, the Sidewalk Inspection and Repair Program (SIRP) inspects and repairs sidewalks throughout the City on a 25 year cycle prioritizing by a number of factors including pedestrian usage.  Small defects can still be dangerous if unmarked and cause additional concerns for disabled pedestrians which we will address later, but if you look at the 12” defects in the sidewalks in Los Angeles, you’ll understand why some repairs might be first or last on the list.

 

Education and enforcement are two steps on the path to better pedestrian safety and the goal of eliminating traffic deaths within 10 years.  Remember you play a big part in this!

 

 

 

 

Street Safe Act 2017 for Pedestrian Accident Prevention

Posted on by Rahman Law PC

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.