Archives for August 2012

Highway One Motorcycle Accident

Bay Area Motorcycle Accident Injury Attorneys

Brake Failure & Motorcycle Accident

According to news reports, 51-year old Suisun City resident Frank Wags was seriously injured on Highway One when his motorcycle hit a Subaru Outback about a mile north of Cypress Road. According to CHP Office Eric Hohmeister, around 10:30 a.m. on June 10, 2012, Mr. Wags’ brakes locked up, causing him to slide into the southbound lane along Highway One. After colliding with the Subaru, Mr. Wags was ejected from his motorcycle, landing on his back roughly 20 feet away from the point of impact. As a result of the accident, Highway One was closed for about 30 minutes as medics stabilized Mr. Wags who was unable to move out of the road.

Mr. Wags was transported to Marin General Hospital where he was treated for a broken right wrist and a lower back compression fracture. At this point, police do not suspect alcohol or drugs were a factor in the accident.

Defective Brakes, Products Liability, and Motorcycle Accidents

While it isn’t clear exactly what caused Mr. Wags’ brakes to lock up, if there is evidence they malfunctioned or are defective, the manufacturer can be held liable for his injuries. Determining if the brakes were defective requires additional investigation and expert analysis. For this reason, it’s important to preserve motorcycles involved in accidents in order to determine if defective parts or malfunctions were a contributing factor in what happened.

That’s why injured bikers should consult a motorcycle accident attorney before agreeing to a settlement on totaled bike. If you accept a settlement on your totaled bike, your motorcycle becomes the property of the insurance company. As a result, they can scrap it, destroying any evidence pointing to defective or malfunctioning parts.

Injured in a Motorcycle Accident? Contact Bay Area Motorcycle Attorneys

Injuries associated with motorcycle accidents are often serious, if not fatal. Head trauma, spinal cord injury, and amputations are not uncommon. If you’ve been injured in a motorcycle accident, contact Bay Area motorcycle accident attorneys at Weber & Nierenberg today to learn how we can protect your rights and interests.

Parents Sue Strava Social Media Bike Racing Company

Bay Area San Francisco Bicycle Accident Attorneys

King of the Mountain Accident

On June 19, 2010, William Flint was traveling at roughly 40 mph down a road in Grizzly Peak in an effort to maintain his “King of the Mountain” title he earned on the amateur online racing website, Strava. The San Francisco-based company hosts virtual races by allowing cyclists to track their time using GPS technology. Cyclists compete by tracking their time along stretches of road, providing other Strava users with the time to beat along certain roadways.

William Flint lost his life while trying to reclaim his “King of the Mountain” title. Mr. Flint held his title for the time he posted along South Park Drive in Berkeley’s Tilden Park. When he learned another Strava user had beaten his time, he headed back to the hill to regain his title. Although the posted speed limit along the hill where Flint was killed is 30 mph, he was clocked going over 40 mph moments before his accident. According to reports, Mr. Flint was forced to brake suddenly in order to avoid hitting a car. As a result, his bike flipped over and Mr. Flint sustained fatal injuries.

Negligence, Strava, and Liability

In the wake of Mr. Flint’s death, his family is suing Strava, the social media website they believe enabled the fatal accident that killed William. According to the Flint’s family attorney, Susan Kang, Strava is liable for failing to check roads for potential dangers: if a road is dangerous, Strava has a duty of care to remove it from its website.

Here, Mr. Flint’s death may raise an issue of foreseeability: are there hazards and dangers a reasonable person should foresee, given the purpose and use of Strava? Can a case be made that by providing a forum for the “King of the Mountain” title, Strava encourages or promotes cyclists breaking speed limits and taking risks on Bay Area roads?

As others have pointed out, this isn’t the first time Strava has been involved in a death involving a cyclist and the use of its website. A pedestrian in the Castro District was hit and killed by a cyclist tracking his time on Strava.

Contact Bay Area Personal Injury Attorneys at Weber & Nierenberg

If you’ve been injured in a pedestrian knockdown, bicycle accident, or negligence on the part of a company, contact Bay Area personal injury attorneys at Weber & Nierenberg today.

Uninsured Drivers and Car Insurance in SF Bay Area: Issues and Answers

Uninsured Drivers

An estimated one in three drivers on Northern California roads are uninsured or underinsured. Statistics show that these people are among the least safe drivers on our roads. What can you do to protect yourself and your loved ones against dangerous uninsured motorists?

You can make sure that your insurance policy has adequate uninsured and underinsured motorists coverage. Your insurance carrier by law is required to offer you “UM” coverage in your policy. This aspect of insurance has been established to make sure that you will be compensated in case of injuries and damages caused by an underinsured or uninsured driver. It maybe useful to speak with your insurer to determine how much UM coverage you need to carry to make sure you are covered at an appropriate level in the event of serious injury.

Who Is Protected by Uninsured or Underinsured Motorists Coverage

  • Any family member living in the same house as you
  • Temporary visiting guests who borrow your car
  • Minor children with drivers’ licenses who do not live with you
  • College-age children away at college
  • Passengers in your car at the time of the accident
  • People injured by a hit-and-run driver

Even if you were walking when you were struck and injured, or even bicycling, you should be covered under your own UM insurance policy if the person who caused your injuries is uninsured. An attorney who is experienced in personal injury law can help you understand how to adequately protect your rights in situations like this.

Common reasons that drivers are uninsured or underinsured include:

  • The driver does not have legal status to be in the country
  • The driver has a criminal record and is not allowed to drive
  • The driver has a suspended license
  • The driver is hoping to save money

Uninsured Motorist Accident? Talk With a San Francisco Bay Area Personal Injury Lawyer

If you have been injured in an accident that involves an uninsured or underinsured motorist, an attorney at the law firm of Weber & Nierenberg, with offices in northern California and the San Francisco Bay Area, can help you understand how we may help you seek compensation for damages and injuries.

To discuss your concerns in a free, confidential meeting with one of our lawyers, please call 1-866-288-6010.

Bikes allowed on BART on Fridays as part of New Pilot Program

San Francisco Bicycle Injury Attorneys

Bart Train

According to a recent announcement posted on it’s website, BART has instituted a pilot program to explore how allowing bicycles on trains will affect other commuters and train conductors. Starting in August, bicycles will be allowed on trains all day long on Fridays. The pilot program will not change existing rules governing bicycles on BART trains during the rest of the week. Consequently, current rules and prohibitions governing bicycles remain in effect.

According to BART’s website, the East Bay and San Francisco Bicycle Coalitions have played a key role in the design and implementation of the program. In particular, the San Francisco Bicycle Coalition (a 12,000 member organization) has long called on BART to make it easier for bike riders to use BART. Given the proximity of BART lines to Bay Area cities, combining bicycles and BART only makes sense, reducing traffic and emissions in the process.

Evaluating the Pilot Program

According to BART, the pilot program will be evaluated every Friday. In general, BART will consider feedback from riders – cyclists and non-cyclists – and the amount of time a train needs at each station to allow cyclists to board. After evaluating these and other issues, proposed changes will be submitted to the BART Board for consideration. BART’s Bicycle Advisory Task Force is also working with BART’s Disability Task Force to ensure access issues are addressed in conjunction with pilot program.

San Francisco Bike Accident Attorneys at Weber & Nierenberg

Given the cost of gas and distribution of population throughout the Bay Area, we can only expect more bicycles on the road. Unfortunately, this also means more bicycle accidents. If you’ve been injured in a bicycle accident, it’s important to involve an experienced personal injury attorney as soon as possible since insurance companies often employ a number of tactics to reduce or avoid paying claims to injured cyclists. To learn how we can help you, contact Bay Area bicycle accident lawyers at Weber & Nierenberg today.

Locations & Contact Information
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1 Sansome Street, Suite 3500 San Francisco, CA 94104
P. 415-788-3900

1999 Harrison Street, Suite 1800 Oakland, CA 94612
P. 510-663-6000