Dump Truck Strikes Cyclist, but Claims He Didn't Notice Her

In this sad story, a South Bayside Waste Management Authority dump truck struck a cyclist, causing her death almost immediately. The collision took place on October 14th, down in Redwood City. At the intersection of Holly Street and Shoreway Drive, at about 8:00 a.m., the cyclist was apparently hit by the dump truck while it attempted to make a turn. The cyclist was pronounced dead at the scene.

After the collision, an hour passed before witnesses saw a dump truck matching the description of the one involved in the accident, and alerted the authorities. Apparently, the operator of the truck claimed to never have noticed the unfortunate cyclist.

In two matters I can think of off-hand that our firm has recently handled, this has been a somewhat common - though questionable - situation: operators of large vehicles striking a bicyclist, then claiming not to have noticed the cyclist. In both of those cases, the defendant drivers' stories broke down under cross examination. Perhaps the same will happen here.

The lesson I take from it is simple. When driving such a large vehicle, the operator has to know that he is driving a particularly dangerous machine. It takes more effort and attention to drive it safely than a car - meaning he should be on the look out for vulnerable people on the road around him, such as cyclists.

This Week's Product Recalls

Approximately 1.3 million Idea Village Handy Switch Light Switches are subject to a voluntary recall. The light switch receiver (which communicates with the hand held remote) has a tendency to overheat, resulting in nine reported house fires.

If you own a recalled Handy Switch product, you can visit the Idea Village recall website here.

Approximately 3,900 Classic Buggies (Off-Road Utility Vehicles) have been recalled by aptly-named manufacturer Bad Boy Enterprises due to their devilish propensity to accelerate without

warning.

Already, Bad Boy Enterprises has received 32 reports of "unexpected acceleration" resulting in a variety of injuries to users and bystanders.

If your own Bad Boy Buggy model has a serial number between 85004828 and 95010404, contact the manufacturer at (866) 678-6701 between 8 a.m. and 5 p.m. CT for a free repair.

San Francisco's Most Dangerous Intersections

Here is a handy MAP from SFGate, depicting the most dangerous intersections in San Francisco.

As the Chronicle points out, San Francisco pedestrians are injured more frequently than pedestrians in other cities. The most recent San Francisco Collision report showed that, in 2007, 796 pedestrians were struck by vehicles. In the same year, 451 bicycles were struck. (And these are only the reported collisions.)

That is more than 2 pedestrians a day, and more than 1 bicycle a day. More than half of San Francisco traffic fatalities involve pedestrians (versus 15 to 20 percent in other cities), according to Ana Validzic.

Sadly, the San Francisco Chronicle tries to put all the blame on the City's reckless pedestrians. But the law states that both pedestrians and drivers have a duty to use reasonable care. The driver's duty of care must take into account the fact that the driver is operating a potentially deadly machine.

As someone who lives in San Francisco, walking to work half the time, and driving to work the other half, I see careless pedestrians and cautious pedestrians; reckless drivers and reasonable drivers. Hopefully, with everyone taking responsibility for their own actions, we can make these streets a safer place.

$650,000 Settlement in Stern Grove Tragedy

On April 14, 2008, a dangerous outgrowth on Redwood tree number 1243, located in the Stern Grove parking lot, gave way. The 56-foot-long branch crashed down on local dog walker, Kathleen Bolton. She is survived by her parents, Bernard and Mildred Bolton.

Walkup attorneys uncovered reports that, four years earlier, a private arborist hired by the City had rated this tree as a "high hazard risk" because of the large branch cantilevering over the parking spot where Kathleen had parked her car. The City had been informed that the branch could fail at any time, placing San Francisco residents in danger. Yet the City took no action to repair the tree, nor even to warn Stern Grove users not to park in the zone of danger.

As a result, San Francisco lost one of its community activists - a nurse with a big heart, who also operated a dog shelter and rescued a number of dogs from New Orleans after Hurricane Katrina. The City promptly agreed to compensate Kathleen's parents for the loss of their daughter and install a memorial bench at Stern Grove, in honor of Kathleen.

The San Francisco Chronicle referred to Kathleen's death as a "freak accident." More accurately, this was a preventable tragedy. How much would it have cost to place a warning sign under the tree, so that people would not unwittingly walk and park in the zone of danger? California law compensates wrongful death survivors for their loss, and at the same time deters the same senseless tragedy from recurring. The City would not be held responsible for inadequately maintaining public areas without the Boltons' decision to assert their legal rights. Walkup attorneys commend the City for recognizing its responsibility in the premature death of Kathleen Bolton.