Sacramento Injury Attorney Blog

A recent fatal bike accident has led law makers taking a closer look at bike safety and their recent implementation of the "3-foot-rule." The 3-foot-rule as passed in many states and cities requires motorists to give bicyclists sufficient room when passing a bicyclist. On four lane roads, motorists are required to move into the far left lane to pass, whereas on a two-lane road they are required to give 3 feet of space. The accident occurred in a Mississippi town that had adopted the 3-foot-rule, but the town leader believes greater enforcement of the rule is necessary to prevent future accidents.

Although 20 states currently have a 3-foot-rule, California does not. Recently Governor Jerry Brown vetoed Senate Bill 910 which had as its stated purpose requiring "the driver of a vehicle overtaking a bicycle in the same direction pass to the left at a safe distance without interfering with the safe operation of the overtaken bicycle." In September, the California Assembly passed the bill in a 44-25 vote. SB 910 was co-sponsored by the City of Los Angeles and the California Bike Coalition, and enjoyed significant support by the public, advocacy groups and California injury attorneys who are concerned about bicycle safety. 10 years ago a similar bill was unsuccessfully introduced.

The impetus behind California's 3-foot passing law came after a well-known competitive cyclist was struck from behind and killed by a Bakersfield driver. As noted by a supporter, "Senate Bill 910 is not just about the bicyclist, but about the motorist who kills someone. That's who this bill also protects ...maybe if there had been this law and some education about passing bicyclists, the driver would have approached [the bicyclist] differently."

Continue reading "Fatal Bike Accident Leads To Review Of 3-Foot Law" »

In a significant California Supreme Court case, Howell v. Hamilton Meats & Provisions, the court determined that personal injury victims, such as those injured in car accidents, medical malpractice and bicycle accidents, are not entitled to receive more in compensation for medical costs than the insurance company pays the health care provider.

Many consider this decision a victory for insurance companies because it denies accident victims the full cost of their medical care - and what their injury is worth - instead paying those injured the value of the negotiated rate between an insurance company and the particular medical provider. If you have suffered any type of personal injury, contact an experienced Sacramento accident lawyer to discuss you next steps and determine what this decision may mean for you.

In Howell v. Hamilton Meats, a San Diego woman - Rebecca Howell - was injured in a car/ truck accident when an employee driving Hamilton Meats' truck illegally turned in front of her, causing a car accident. As a result of the incident, Howell sustained serious injuries requiring surgery and significant medical costs.

Hamilton Meats accepted responsibility for the accident and conceded liability as well as the need for the medical treatment Howell received. However, the meat company objected to the amount of money the jury awarded Howell. The jury awarded Howell the full amount of her medical costs, even though this amount had been discounted based on negotiations between her health care providers - including the physicians who treated her and Scripps Memorial Hospital - and her preferred provider organization (PPO) policy. The defense argued that because of the favorable agreements, Howell was not entitled to the larger balance of the original bills but only to an amount adjusted downward to reflect the agreed amount.

The trial court then reduced the jury award to reflect the actual amount the medical providers accepted as payment. On appeal, the Court of Appeals determined that the reduction was improper and violated the "collateral source" rule which provides that "payment made to or benefit conferred on the injured party from other sources are not credited against the defendant's liability." In other words, in situations such as here where Hamilton Meats' liability is established, a negligent party should not benefit from the favorable negotiations between third parties.

Continue reading "California Supreme Court Determines Accident Victims Only Entitled To Amount Paid By Insurance In Howell v. Hamilton Meats & Provisions, Inc." »

KTVU News reports that two separate pedestrian accidents occurred this past Thursday in 2 different train accidents. In one accident, a train headed toward Sacramento struck and killed a pedestrian in San Leandro. Capitol Corridor train No. 528 running between San Jose and Sacramento struck the man while he was crossing Davis Street. In the second accident, San Joaquin train No. 701 from Bakersfield to Sacramento struck a pedestrian west of Merced.

If you have been injured or a loved one has suffered a wrongful death in any type of pedestrian accident, it is important to speak to an experienced Sacramento pedestrian accident lawyer immediately to protect your rights and discuss your next steps.

Pedestrian accidents include any time an individual is struck and injured or killed by a motor vehicle, such as a car, motorcycle, truck or train. Several factors affect whether the driver may be found responsible for an accident and as a result must compensate you for your injuries. For example - was the pedestrian following the rules of the road such as crossing in a cross-walk, crossing with a walk sign or only crossing railroad tracks when the gates are up and no lights are flashing? Conversely, was the driver of the car, truck, motorcycle or train driving responsibly? Was he or she following all safety precautions - including not using a cell phone or texting - was the driver following all appropriate safety precautions and all the necessary rules of the road?

Continue reading "Two Pedestrian Accidents Occur With Trains Bound For Sacramento" »

Last year's Portola Valley fatal bicycle accident has now resulted in a wrongful death lawsuit against the truck driver involved in the collision and his employer. The truck versus bicycle accident occurred last November and ended in the death of a 47-year-old Los Altos Hills woman.

The truck driver and his company have now counter-sued, seeking indemnity from San Mateo County. The suit alleged that the accident was "caused by a dangerous condition on public property created on or maintained by the County of San Mateo." A representative of the company notes "The road is poorly designed and can be a 'trap for bicyclists."

If you or a loved one has been injured seriously injured in an accident, it is critical to contact an experienced California personal injury attorney to explore your options and seek compensation for your harm.

Several different sources of fault may exist for one accident, each leading to different theories and avenues of recovery. In some cases, driver error may be to blame. In others, an employer may have negligently hired a driver, or may push drivers to perform under unsafe conditions. And in others, such as is alleged here, roadway design or maintenance may have a direct correlation to an accident.

Continue reading "Fatal Portola Bike/Truck Collision Leads To Claim Of Negligence Against San Mateo County" »

A recent article highlighted a frightening trend - California bicycle accidents are on the rise and the town of Lodi is near the top for communities of its size for the number of bicycle-vehicle accidents.

If you have been in a Lodi bike accident, call an experienced California bike accident lawyer for crucial information and to help you get the compensation you deserve.

Statistics show that for children younger that 15, the Lodi bike accident rate is among the highest in the state. In 2009, Lodi ranked third out of California cities with a population of 50,000-100,000. Alameda ranked number one.

In order to reduce the severity of injuries occurring from bike accident, the Lodi Police Department is ramping up bike traffic enforcement, including issuing tickets for failure to wear a helmet. Other laws to be aware of include:

•Bicyclists must obey traffic signals
•Bicyclists should ride in the same direction as traffic, not against it
•Bicycles must be walked in an intersection or crosswalk
•Bikes should not be ridden on the sidewalk in a business district

Continue reading "Lodi Bike Accident Rate Among Highest In State" »

The Oakland Tribune reports that Oakland has the fewest DUI car crashes among California's biggest cities. The study reviewed 13 of the state's biggest cities, including San Francisco and Sacramento.

The number of Oakland pedestrian accidents and hit-and-run injuries placed them at #3. Oakland ranked #5 for bike accidents.

If you have been injured in a DUI accident, or any other injury throughout the Bay Area, an experienced California personal injury lawyer can help.

The study reports that the 131 people were injured or killed in Oakland accidents where alcohol was involved. Although this number is still too high, it is a significant improvement. The city's partnership with a number of nationwide and statewide sobriety programs is credited with the improvement.

The Oakland Police Department has just received a traffic safety grant to look at ways to improve bicycle and pedestrian safety.

Continue reading "Oakland Has Fewest DUI Accidents Among California's Big Cities" »

The Palo Alto Daily News reports that last month's fatal bicycle crash between a 47-year-old bicycle and a 26-wheel truck was caused by an "unsafe turn" the bicyclist made. The collision occurred as the woman was headed down Alpine Road next to the big rig.

For unknown reasons, the woman turned her bicycle and fell to her right side. The truck's tires struck the woman, killing her instantly. The truck driver - Gabriel Manzur Vera - was moving from the right westbound lane to turn right onto the interstate. He had his right blinker on and was looking in his review mirror. After looking forward, Vera felt a bump. Although the report concludes the specific cause for the accident was the turn, the "legal cause" was not revealed. Legal cause includes any action - no matter how small - that contributes to injury or damage.

Trucking and big rig accidents are often the most serious California motor vehicle accidents. Truck drivers have a responsibility to drive safely and with care. Those that share the road with big rigs should also keep several safety tips in mind - chief among these is understanding that trucks need room to maneuver and that drivers have enormous "blind spots," especially on the right side.

Continue reading "Portola Valley Bicycle Accident Caused By "Unsafe Turn"" »

According to the Palo Alto Daily News, the same big-rig driver has been involved in three fatal crashes, including one that killed a bicyclist near Portola Valley. He has also been involved in 3 other non-fatal accidents.

Authorities state that although the Portola Valley bike accident remains under investigation, the driver has not been found at fault for any of the accidents, and thus can continue driving.

By law, trucking companies must register each of their drivers with the DMV and if the driver is convicted of a violation, the company is then notified.

Here, questions have been raised regarding the trucking company's duty to investigate the driver and, despite the fact that he wasn't found "at fault" for the accident, whether his driving skills were adequate. His involvement in six trucking accidents in four years places his abilities in question. When employer fails to adequately screen an employee, and his or her actions during the course of employment injure another, they may be found negligent and required to compensate individuals for the harm caused.

A California wrongful death action has been filed in this case asserting that the bicyclist's death could have been prevented had the trucking company performed an adequate investigation of the driver.

Continue reading "Truck Driver In Santa Cruz Bicycle Accident Linked To Two Other Fatal California Crashes" »

After a 23-year ban, bicyclists were allowed back on the K Street Mall this week. Bicyclists can now legally ride on the Mall from 7th to 13th Streets and in the tunnel connecting 2d and 4th Streets.

Bicyclists were originally banned from the K Street Mall in 1987 to avoid bicycle accidents after light-rail tracks were installed.

The Department of Transportation stated in a news release that lifting the ban on bicycles on K Street Mall is "another important accomplishment toward creating and maintaining a safe and reliable multi-modal transportation for the city and the region."

Bicycling is an increasingly popular mode of transportation in Sacramento and throughout the area including the cities of San Francisco, Davis and Palo Alto which rank among the Top Ten Best bicycling cities the United States.

Keeping in mind a few simple safety tips will help prevent bicycling accidents and limit their severity if they occur. These include:

• Wearing your helmet. Wearing a helmet significantly decreases the possibility of sustaining a brain injury if you're in an accident.

• Obey speed limits and rules of the road. In crowded areas such as K Street it's important to be alert, not exceed the speed limit (10 mph) and use appropriate hand signals.

• Yield to Pedestrians. Not only can bicycle/car collisions lead to injuries, so can bicycle/pedestrians collisions.

Continue reading "Bicycling Now Legal On Sacramento's K Street Mall" »