Personal Injury/Bicycle Accidents:

Immediately following a bicycle accident or other injury accident:

• Immediately get the emergency care you need.



• DO NOT refuse medical attention. You may be in shock or not know the extent of your injuries



• Make sure the police, an advocate or you get the driver of the other vehicles drivers license number, vehicle plate number, description of driver and insurance information.



• Take notes as close in time to the incident as possible, include a diagram of the road and vehicles, damages to your property and person



• Speak to a personal injury attorney and preferrably one that focuses their practice on bike accidents



• Follow-up with your primary care physician.



• Do not speak to the insurance company of the person/company who injured you until you have contacted an attorney. Insurance companies will try to contact you through an adjuster or attorney with one goal in mind, limit the amount of money you may be entitled to recover.



• Investigation: Only trained professionals should investigate incidents causing severe injury. This will include speaking with witnesses and taking their statements. Photographs of the incident site will need to be taken by a trained individual who knows what to look for and preserve evidence as close in time to the incident as possible.

Negligence:
All claims originate when one party has been negligent. Negligence occurs when someone is not paying attention, or is being careless when they should have been paying attention. Through the years the law of negligence has developed through the creation of statutes by the legislature and through the interpretation of those statutes by the Courts.

The following elements are necessary to establish a negligence cause of action:

The breach of a duty, established by law that is the cause of a resulting harm, and damages to another person, or several people.

Some acts are determined to be intentionally negligent, and others are reckless, or wanton. Also under the umbrella of negligence are claims called, strict liability.

Strict Liability:
A person is strictly liable, responsible for damages and losses related to their conduct, despite a finding of negligence. All that is required is a nexus between the persons conduct and the resulting damage. Common strict liability claims are dog bites, and product liability. It is important to get an attorney who is an experienced dog bite attorney and product liability attorney to help you with your claims.

Focusing our practice on helping those who have suffered severe injuries and helping the families of those who have suffered the wrongful death of a loved one resulting from the following:

Bicycle Accidents:
If you or someone you love and care about has been injured in a bicycle accident, it is crucial that you protect your rights and get the necessary medical treatment you need. In order to protect your rights, you or your loved one will need a skilled bicycle accident attorney who can help you navigate the complexity of vehicle and traffic laws, medical concerns, insurance laws and issues, negligence and liability laws as well as having an advocate to deal with the insurance company representatives.

Increased competition for space on the streets can sometimes make moving around San Francisco and Austin a less-than-pleasant, even intimidating experience. With an increasing number of people using bicycles for transportation in San Francisco (1 in 25 adults, according to David Binder Research Poll, 1998), and in Austin, there is an increased need to accommodate bicyclists and motorists on shared streets.

Of great and exceptional importance is California Vehcile Code Section 21200 that provides cyclists full use of traffic lanes.

On multi-lane streets, where there are no bike lanes, shoulder, or Shared Lane Markings, and the right lane is too narrow for motorists and cyclists to share side-byside, bicyclists should ride at least 3 feet from the edge of the roadway or 4 feet from parked cars. You may need to ride in the center of the lane in order to be visible and prevent motorists from passing you when there isn’t enough room. You may also take the lane when you’re traveling at the same speed as traffic, which keeps you out of the motorists’ blind spots and reduces conflicts with oncoming traffic.

Most cyclists ride for the love of riding their bikes. Many riders have taken to riding because of their concern for the environment and the resulting reduction in their carbon footprint on the Planet E. This increase in riders means there needs to be more done to promote bicycle rider safety. Cyclists should be rewarded for their contribution to the greening of the planet and not run over by careless drivers. Our attorneys are part of the San Francisco Bicycle Coalition and other advocacy groups that are trying to address the issues and concerns of and for bicycle riders.

Recently the San Francisco Bicycle Coalition (SFBC) published interesting statistics showing that out of the 93 page California Drivers Handbook, pdf version, "bicycle" or "bicyclist" is only mentioned, in the context of safety, rights-of-way or use of bicycle lanes, a mere twelve (12) times. The California Commercial Drivers Handbook is one hundred thirty-eight pages in pdf format. Throughout the commercial handbook the word "bicycle" or "bicyclist" is only mentioned, in ANY context, four (4) times. California commercial drivers are not learning about the potential harm they can and often do cause cyclists from California's Department of Motor Vehicles. These commercial drivers can spend their entire 40 hour work week behind the wheel and prior to obtaining their license they are clearly not being educated about commercial drivers literal impact on cyclists. In fact, SFBC goes further to show that "bicycle" or "bicyclist" is only used twice in the context of safety. There is further evidence that commercial drivers in California, specifically San Francisco, are not being made aware of bicycle safety, for instance: Of the three approved taxi driving schools by the City and County of San Francisco, one school provides would-be taxi drivers with 126 questions for "homework". Of those 126 questions, "pedestrian" only appears once, and there is absolutely zero use of "bicycle" or "bicyclist".

Bicyclists beware!

Another major safety concern for all bike riders are the unsafe road conditions we experience. San Francisco has a number of unsafe intersections that the San Francisco Bicylcle Coalition and other organizations and individuals concerned with bicycle and pedestrian safety have brought to the City of San Francisco's attention via the media and lawsuits. At every intersection, especially Octavia and Market, stay aware of drivers making illegal right turns violating your right-of-way, and cycle safely. Maintain caution on Church and Market where there is constant danger of bicyclist injuries from MUNI tracks. If you are injured due to an unsafe road condition maintained by a government/public entity, contact us to discuss your options.

Motorcycle & Scooter Accidents
If you or someone you love and care about has been injured in a motorcycle accident, it is crucial that you protect your rights. In order to protect your rights, you or your loved one will need a skilled motorcycle accident attorney to help you navigate the complexity of vehicle and traffic laws, physician and alternative medical support issues, the laws of negligence and other liability issues and concerns and how and when to deal with insurance companies and their representatives. Being represented by a skilled motorcycle accident attorney means you will be provided guidance through all these various aspects of a motorcycle accident.

Most motorcycle accidents occur where the driver of the vehicle that hit the rider violated a right-of-way or “did not see the motorcycle”. Knowing how to overcome the prejudices that many car drivers/jurors have towards motorcyclists is as important as knowing the law. We at the Shefman Law Group understand what it is like out on the road. We are endurance bicyclists, scooter and motorcycle riders. We ride on country roads and busy city streets and highways, just like you.

Auto Accidents, Bus Accidents, MUNI Accidents, Trucking Accidents, Boating Accidents, Plane Crashes

Premises Liability:
Premises liability law is the body of law which makes a possessor of land or premises responsible for injuries suffered by persons who are injured on the premises or property. In assessing a premises liability case, it is important to consult with an experienced premises liability lawyer.

Slip and fall injuries are those that occur on the land of another or government. Slip and fall cases require careful investigation and thorough research of the premises where the person was injured. If the injury producing incident occurred on a city street or other municipal or government owned or managed property, or common carrier (such as city bus, or subway) protecting your rights and filing the proper government claim forms is essential to preserving your claim. An experienced and knowledgeable premises liability attorney should assist you with evaluating your claim.

Escalator/Elevator Injuries are also considered premises liability cases and can be the most life threatening of events. Proper maintenance and care of elevators and escalators is crucial to keeping passengers safe. To understand these types of premises liability cases it is important to also understand the laws of common carriers and to work with an experienced common carrier attorney.