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Walkup Law Blog

Can Drunk Bicyclist get a DUI?

After a few drinks it might sound like a nice idea to beat the uprising Uber fares and get some fresh air – why not bike home? How dangerous could it be? After all, a bicycle is not motorized. The answer: it can be very dangerous, even illegal in some states. The definition of a DUI or “driving under the influence” charge is as follows: “operating a motor vehicle while one’s blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely.” Does biking and drinking count as…

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Most Dangerous Intersections for Pedestrians in San Francisco

On October 4th, David Grinberg was struck and killed by a motorist near Golden Gate Park’s Panhandle at 5:22 p.m. – the third pedestrian death in as many weeks. While San Francisco is said to be one of the most pedestrian-friendly cities in the United States (2nd only to New York City in walkability), the latest string of pedestrian fatalities helps prove that the opposite is true: The City is one of the most dangerous places in the country for pedestrians. Just how dangerous? From 2010-2016, there were 5,846 pedestrian collisions in San Francisco, leaving 130 dead and over 6,000…

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Injured on a Ferry Boat?

As the chaotic Bay Area traffic and congestion somehow gets worse every year, the numerous ferry options servicing the Bay Area have thrived. According to the Water Emergency Transportation Authority, ridership on the San Francisco Bay ferry has increased by an incredible 72 percent since 2012. Same goes for the Golden Gate ferry, whose ridership has risen by nearly 45 percent since 2005. However, as ferries take on more riders, the chance for unfortunate incidents increases as well. In 2014, a ferry coming from Oakland made headlines as it hit a piling at Pier 41, injuring ten people. Among the…

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Self-Driving Vehicle Regulation – What Does It Mean?

In early September, the House of Representatives passed a bipartisan bill that effectively legitimizes self-driving vehicles for the future to come. Dubbed the SELF DRIVE Act, this bill aims to set a framework for autonomous vehicle regulation at the federal level – the first step in establishing national standards for testing, safety, and regulation. Why is This Important? Currently, regulation of self-driving vehicles on public roads lies solely in the state’s hands – and only 21 states have passed legislation related to autonomous vehicles. Most of these state laws don’t share much in the way of standards, with many of…

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What Do I Do If I’ve Been “Doored” By a Car?

Bicycle commuting is rapidly gaining popularity across the nation, but especially in California. San Francisco saw commutes rise by nearly 9 percent in 2016, with an estimated 82,000 bike trips every day. However, with the prevalence of bicycles also comes the potential for danger, as cyclists and motorists learn to coexist on the busy SF streets. One of the most dangerous things that can happen is “dooring” – when a parked vehicle unknowingly opens their door to obstruct the path of an incoming cyclist. While it may sound comical, dooring may result in potentially serious, painful injuries including: Severe road…

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Has Uber Affected Drunk Driving Rates in San Francisco?

There has perhaps been no bigger impact to the traffic and commuting world recently than the ridesharing revolution. Companies such as Lyft and Uber are convenient alternatives to the older taxi model of ride-hailing, making it even easier to get around your neighborhood. One heavily debated result is the impact companies like Uber have had on driving under the influence. It’s theorized that their prevalence and ease of hailing rides should ideally reduce alcohol-related driving incidences such as DUIs, alcohol-related fatalities, and drunk driving collisions. But is this really the case? Has Uber affected drunk driving rates in San Francisco?…

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Who is At Fault for Injuries Sustained During Childbirth?

Giving birth to a child is one of the most rewarding experiences of an adult’s life, but too often we are unaware of the risks that are still involved. Although childbirth now is far safer than it has been at any time in history, there can still be a risk of injury to the baby, and even death under unfortunate circumstances. When a child is injured during birth, the parents may have grounds for legal action. However, the road to a lawsuit or medical malpractice claim can be incredibly complicated when it comes to dishing out blame for a birth…

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Did I Misuse a Product or Was It Defective?

If you recently incurred injury while using a product, you may wonder if you have legal grounds for a product liability claim. Injuries involving the products we use every day fall under the realm of product liability law. In certain instances, you may be able to collect damages to pay for medical bills, compensate for lost wages, and provide compensation for intangible losses such as pain and suffering. This applies when: Someone manufactured or sold you a defective product A defect led to your injuries You were using the product as intended It’s important to realize that just because you…

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How to Ensure You Place Your Loved One in a Safe Nursing Home

When our loved ones can no longer care for themselves, sometimes we must put our trust in others to make sure their needs are met. It can be difficult to trust a family member’s care to a complete stranger – how can you be sure that your loved one gets all the care they need and deserve? The answer requires a little vigilance on your part. How can you be sure you’re putting your loved one in a safe nursing home? Here are some suggestions: Look At the Actions of Other Residents You’ll likely tour a number of facilities before…

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What Happens If I Am in an Accident with an Uninsured Driver?

You faithfully pay your insurance premiums on time, and reasonably expect others to do the same. It can be frustrating then, to be involved in an accident with someone who is uninsured or underinsured. Unfortunately this is not uncommon. Should you find yourself in a car accident with an uninsured or underinsured driver, take the following steps: Call the Police It’s always a good idea to summon the police to the scene of an accident, but especially when there’s an uninsured driver involved. Having an official police report will help you get your expenses covered under your own uninsured driver…

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