Today’s Headlines

  • Golden Gate Park SFMTrA Safe-Hit Posts to Become Official (Hoodline)
  • Muni Says Trolley Buses Safe Despite Crash (SFBay)
  • Sales tax hike, homeless funding, Muni will be on November ballot (Examiner)
  • New Muni Escalators for Castro and Powell Stations (SFBay)
  • Open Houses Planned for New BART Trains (EastBayTimes)
  • SF Will Not Conquer Brisbane to Build Housing (SFGate)
  • Problems with Planned Tower near Caltrain (Socketsite)
  • Planning for Sea Level Rise in Bay Area (SFGate)
  • Petaluma Man Killed by Allegedly Drunk Motorist (SFGate, Kron4)
  • More Demo of Old Bay Bridge Piers (KQED)
  • SF Chronicle Endorses BART Bond (SFChron)
  • Cartoon: SMART Train Quiet Zone (MarinIJ)

Get state headlines at Streetsblog CA
Get national headlines at Streetsblog USA

  • xplosneer

    Of course, we absolutely must mention that the pedestrian killed was wearing dark clothing.

  • gneiss

    In other words, according to the police if the driver wasn’t drunk, there would have been no charges.

  • I wish someone would publish a guide on what colors are sufficient and reasonable for pedestrians. I’ll switch out any black jackets in my wardrobe for the appropriate level of grey (if that’s allowed).

  • SF Guest

    Would it help to know if the pedestrian may have been jaywalking?

    The collision was reported at 10:54 p.m. on East Washington Street between Payran and Ellis streets.

  • Or if this is one of those places where drivers must show due care in their driving?

  • SF Guest

    Google maps doesn’t show any crosswalks in-between Payran and Ellis Streets. It’s an undisputable fact drivers need to show due care in their driving at all times, but there will always be those who don’t show due care. The victim didn’t deserve to perish at the hands of DUI, but unanswered questions remain whether the darkly clad victim could have done anything to prevent his own accident.

  • You mean crosswalks, or marked crosswalks?

  • SF Guest

    Marked crosswalks.

  • Why would that matter? They’re all crosswalks with the same legal obligations for all parties, thermoplastic or not, right?

  • Dexter Wong

    Would you please make a distinction between SF Gate article and Chronicle articles please. The latter are behind a paywall if you read more than 5 articles a month.

  • RichLL

    Roymeo, colors cannot be seen at night so are useless. What matters is the degree of reflectivity and that is generally higher with lighter colors. Even skin tone can make a difference to albedo, as any photographer will tell you.

    Best of all is lights, which is why you have them on your bike at night. Failing that some kind of highly reflective material like construction workers use, but bear in mind that car headlights are not adjusted for peripheral acuity.

  • RichLL

    Seeing a black object at night requires more than “due care”. It requires infra-red scopes since it’s impossible to see a truly black object in the absence of any light.

  • SF Guest

    If it doesn’t matter whether the crosswalks are marked why did you ask whether the crosswalk in question is marked and then reply with another question it doesn’t matter if crosswalks are marked.

    Since you did ask . . .

    California Vehicle Code Section
    21950(a) – Right-of-Way at Crosswalks

    The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.

    “This section does not relieve a pedestrian from the duty of using due care for his or her safety.”

    California Vehicle Code Section 21954(a) – Pedestrians Outside Crosswalk

    Every pedestrian upon a roadway, except those traveling within a marked or unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles in the roadway that are near enough to constitute an immediate hazard.

    Pedestrian General Safety Tips from bikewalkAlameda.org (btw I looked on Vision Zero’s website and couldn’t find most if not all of the following tips whereas Vision Zero’s main focus is to re-engineer the streets):

    Be predictable. Use crosswalks. Cross or enter streets where it is legal to do so.
    Watch for turning cars at intersections.
    When in a crosswalk and one car has stopped, be watchful that all other cars also stop.
    No vehicle can stop in an instant. At 30 m.p.h. on dry, level pavement, a driver needs at least 90 feet to stop.
    Make it easy for drivers to see you – dress in light colors and wear reflective material.
    Wear light-colored clothing if walking at dawn, at dusk, or after dark. Even better, wear reflective tape (placed diagonally across the back) and carry a flashlight.
    Do not drink alcohol and walk near traffic.
    Be wary. Most drivers are nice people, but don’t count on them paying attention. Watch out – make eye contact to be sure they see you!
    Use extra caution when crossing multiple lane, higher speed streets.

  • So we know the driver was drunk, where’s the list of responsibilities for drivers?

  • SF Guest

    For all the CVC information and unbiased bikewalkalameda.org tips shared it should be up to you to provide any additional information pertaining to the responsibility of drivers.

    My point stands in this case while the DUI driver is apparently negligent of manslaughter and is inexcusable there is doubt the pedestrian demonstrated “due care for his or her safety.”

  • Definitely some FUD here.

    Thank you for your tremendous concern.

    I can’t think of any case of a pedestrian being hit by a car where we couldn’t apply some doubt, so I hope you’re going to stay active.

  • Crosswalks thread:
    SF Guest: “Google maps doesn’t show any crosswalks in-between Payran and Ellis Streets.”
    me: “You mean crosswalks, or marked crosswalks?”

    SF Guest: “Marked crosswalks.”

    me: “Why would that matter? They’re all crosswalks with the same legal obligations for all parties, thermoplastic or not, right?”

    Why would I ask? Because you stated there are no crosswalks, but most street intersections are by default considered to have a crosswalk, it doesn’t matter if there is paint/thermoplastic on the ground. There is doubt that the intersections E Washington St with Fairgrounds Drive and Gnoss Concourse are excepted.

  • RichLL

    It’s more that if one party to an accident is drunk, that makes it very easy for the cops to make the case that it was 100% that party’s fault.

    And proving intoxication is a simple matter of a blood test rather than the messy job of collecting evidence, testimony and measurements that would otherwise be ncessary to attribute fault.

    If you’re over the limit and are involved in an accident you will be charged and blamed regardless of actual fault.

  • SF Guest

    Did you forget about Heather Miller (except she rode a bike) who was mowed down in GGP by a speeding car thief? I see no doubt there she exercised “due care for his or her safety.”

  • (As you noted) She wasn’t a pedestrian.

    It wouldn’t take much to doubt whether she was riding as far to the right as practicable or was looking far enough ahead to be aware of exactly the sorts of unexpected dangers that speeding car thieves present.

    Are you suggesting speeding car thieves aren’t something that one can do anything about but “drunk driver” with no more details than that are?

  • SF Guest

    Sorry, I retract citing Heather Miller as an example of a pedestrian who was hit by a car while exercising due care for herself since she was cycling at the time of her tragedy.

    The DUI manslaughter case shares no apparent similarities to the reports of the speeding car thief who killed a cyclist. Reportedly pedestrian Luis Picon-Estrada crossed into the westbound lane in front of the oncoming Mercedes not traveling above the posted speed limit of 30 mph.

  • RichLL

    Roymeo has a point. If Miller was riding well to the left then, while she would not be blamed for the accident, she did statistically increase her risk of an impact with a vehicle coming the other way that is also well to the left.

    The rather mindless “take the lane” advice peddled by some cycling lobbyists does not fully discount this additional risk. Keeping right increases the less serious risk of being “doored” but reduces the risk of a more serious head-on collision.

    An accident in Sonoma County a couple of weeks ago was similar, minus the stolen vehicle angle of course.

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