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Personal Injury

Are Out-of-Court Settlements Taxable?

The vast majority of personal injury claims settle outside of court. Very few reach conclusions by a jury verdict. While this may seem like an easier resolution for the parties involved, it is vital for a plaintiff who receives a settlement outside of court to acknowledge his or her financial obligations. After receiving an out-of-court settlement, the plaintiff will not only need to handle his or her attorney’s fees, but the IRS may also expect a portion of the settlement. The attorneys at Walkup, Melodia, Kelly & Schoenberger have more than 50 years of experience with civil claims in California…

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Rules of the Road in San Francisco

Every San Francisco bicyclist should understand the rules of the road for biking in the Bay Area. Bicycles are an environmentally friendly alternative mode of transportation for many people while others simply ride for exercise or leisure. Regardless of why you ride your bike in San Francisco, you need to know how to safely navigate the city’s busy streets. Staying on the Road Bicyclists may not ride on sidewalks unless they are younger than 13 years old. This means all San Francisco cyclists should ride in the road and keep to the bike lane wherever there is one available. Cyclists…

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How Does Bicycle Accident Compensation Work?

A bicycle accident can lead to significant property damage and serious injuries. Depending on how an accident happens, liability for the resulting damages may fall to one or more parties. Plaintiffs in bicycle accident cases often wonder how compensation for their damages works. It’s always a good idea to call a bicycle accident lawyer to ask questions. Many individuals need economic relief immediately following a serious injury to handle medical expenses and lost income from time spent home from work due to an injury. However, a personal injury case can take months or even years to resolve in some cases,…

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Walkup Donates $1 Million To UC Hastings Law

SAN FRANCISCO – Three alums known as Michael A. Kelly 76′, Matthew Davis ’89, and Richard Schoenberger ’89 with the help of their law firm, Walkup, Melodia, Kelly & Schoenberger recently donated $1 million to their local law school known as UC Hastings Law. Over the years they have brought endless claims on behalf of their plaintiff for personal injury, defective products, premises liability, and traffic collisions to name a few. Over the course of their career, they have managed multi-million dollar settlements and verdicts and for decades have taken the time to teach trial advocacy. The donation will help fund the…

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What Is the SFMTA Strategic Plan?

Biking is a common, eco-friendly way to get around, especially in San Francisco. Increasingly, people are choosing to bike instead of driving a car to cut down on transportation costs, Department of Motor Vehicle fees, and to reduce their carbon footprint. How Many People in San Francisco Are Biking? According to the San Francisco Municipal Transportation Agency (SFMTA)’s website, automated cyclist counters are installed throughout the city to track and monitor cyclist data. In 2017, San Francisco saw monthly bike ride figures ranging from 248,512 trips in February 2017 to 389,995 trips in May 2017. That’s well over 10,000 bike…

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San Francisco Skateboarders: Know Your Legal Rights

San Francisco is a popular city for skateboarders. Many come from around the country to skate the city’s legendary hills, while others are residents who use skateboards instead of cars to get around in busy traffic. It is no surprise, therefore, those skateboard-vehicle collisions are rather common. In 2015, traffic accidents injured and killed 822 pedestrians in San Francisco. Unfortunately, negative stereotypes against skateboarders often lead to unfair dealings – even if the skateboarder wasn’t at fault for the accident. As a San Francisco skateboarder, learn your rights to protect yourself against traffic citations and unfunded liability for a personal…

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California Tops the List in Fatal Bicycle Crashes

California is the most dangerous state in the country for bicyclists. More bicyclists died in California than in any other state in 2016, according to the National Highway Traffic Safety Administration (NHTSA). With 147 pedal cyclist fatalities, California outstripped the second-highest state (Florida) by nine deaths. This is, unfortunately, a trend that continues year after year in the Golden State. As a bicyclist in California, take your safety into your own hands. Do not depend on drivers to follow the rules, watch the road, or prevent collisions. Instead, learn why bicycle collisions happen and how to prevent them. Being proactive…

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Can I Still Sue If I Wasn’t Wearing a Bicycle Helmet?    

Thousands of bicycle accidents happen every year in California, and injured bicyclists may wonder what their options for legal recourse are after such an event. California law changed in 2015 to allow bicyclists over the age of 18 to decide whether they wish to wear helmets while riding. The state still requires that riders under the age of 18 wear helmets, but adults are free to ride bicycles without helmets. However, they do so at their own risk. The Centers for Disease Control and Prevention (CDC) report that wearing a bicycle helmet reduces the risk of death or head injury…

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How to Safely Use the Bird Scooters and Lime Bikes

California has seen a recent proliferation of bike and scooter share services, the largest and most ubiquitous being Lime and Bird. These services allow customers to use a smartphone app to unlock a vacant Lime bike or scooter or Bird scooter. Once unlocked, the customer pays for service and can take the bike or scooter wherever they like, using the smartphone app to lock the bike and end the fare. Lime and Bird allow customers to leave their bikes and scooters wherever they like, so long as they are out of the way of road traffic and pedestrian traffic on…

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Distracted Walking Outlawed in SoCal City

You’ve heard about the dangers of distracted driving – but what about distracted walking? You might not be putting others’ lives at risk when you walk while distracted, but you could be putting yourself in significant danger. According to the National Safety Council, distracted walking incidents are increasing. A combination of more walkable cities and increased cell phone use is driving up the numbers of pedestrian accidents. Now, one Southern California city is doing something about distracted walking. The Dangers of Distracted Walking Walking while distracted can remove a pedestrian’s eyes from the walkway and mind from the task at…

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