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Eyes on the Street: No, Philz Coffee Is Not a Drive-Thru

A driver crashed into Philz Coffee at Fourth and Berry Streets near the Caltrain Station on Saturday night at about 9:10 p.m., as Bay City News reported. No one was injured, but the highly-popular cafe was reportedly closed until Monday, and an assistant manager told BCN “the area where the glass shattered is boarded off” until it’s repaired.

No word yet on whether the driver will face any penalties other than a higher insurance bill. But if the case of the driver who crashed into a Starbucks in Alameda on the same night is any indication, law enforcement doesn’t consider it to be a crime when someone steers a potentially deadly vehicle over a sidewalk and crashes it into a storefront.

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CA Assembly Bill Would Create Alert System For Hit-and-Run Crashes

Police in Orange in Southern California released this picture of a truck driven by a hit-and-run perpetrator two weeks ago. With AB 47, there would be a much higher chance drivers like this one are caught. Photo: NBC4

It is too common a story. A family is crossing the street or some friends are bicycling along when a negligent car driver changes their lives forever. While the victims lie wounded in the street, the driver flees and is never heard from again. Advocates for safe streets, victims of hit-and-run crashes, and their friends and family say that there are not enough resources or legal protections for victims.

Asm. Gatto

Assemblymember Mike Gatto

One California Assemblymember has vowed to change that.

Assembly Bill 47, a heavily amended version of legislation re-introduced this week by Assemblymember Mike Gatto (D-LA), would create a statewide “yellow alert system” modeled after the Medina Alert system, which was created in Denver but is now a statewide program in Colorado.

The system would require that Caltrans and other highway owners use electronic signage, radio, and other available media to broadcast information about vehicles suspected in hit-and-run crashes. Unlike alerts issued over TV news, the yellow alerts would enlist drivers and other road users to spot hit- and-run drivers right away.

Basically, the bill would create an “Amber Alert” system similar to what is used when a child is kidnapped to help catch hit-and-run drivers.

“These are crimes which, by their nature, occur at a high rate of speed and with clear means for fleeing the scene,” said Gatto.  “The public is almost always needed to catch those who leave fellow citizens dying on the side of the road, and AB 47 will allow us to do so promptly, before the perpetrator can get away and cover up the evidence.”

Last year, Gatto authored AB 184, which doubled the statute of limitations on prosecuting hit-and-run drivers.  This year, he also introduced AB 1532, which would require mandatory license suspension for anyone convicted of a hit-and-run involving another person.

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Man on Bike, 51, Seriously Injured in Crash on Laguna Near Broadway

Laguna, looking northbound from Broadway. Image: Google Street View

A 51-year-old man is in the hospital with life-threatening injuries after he collided his bike into an SUV whose driver was pulling into a mid-block garage, on Laguna Street near Broadway. SFPD reported that the man was headed in the downhill, northbound direction on Laguna, “and failed to stop at a stop sign” before crashing into the right side of the SUV.

In an email, SFPD spokesperson Albie Esparza didn’t say how close the driveway was to the Broadway intersection, but said the man’s treatment of the stop sign contributed to his “high rate of speed”:

The stop sign is a factor in the collision. There are independent witnesses who spoke with police at the scene who stated the bicyclist was traveling n/b on Laguna at a high rate of speed downhill and ran the stop sign. Bicyclists, motorists nor pedestrians are immune from laws enacted in this state. They are enacted for public safety reasons. The SUV did not crash into the bicyclist. It was pulling into the garage when the bicyclist collided into the right side of the SUV or passenger side.

While a driver pulling into a driveway bears responsibility for making sure that the coast is clear before turning across oncoming traffic, someone bicycling or driving straight through should also be prepared to stop in time to avoid such a crash. In this case, given Laguna’s steep downhill slope and the limited view over the hill crest, it’s easy to imagine that the man might not have been as prepared to stop as he should have been.

“Certainly, regardless of the circumstances, we do hope the bicyclist makes a quick recovery,” Esparza added. “It’s never good when someone is injured.”

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Fundraiser for Nikita May, 3-Year-Old Boy Hospitalized by Driver on Fulton

Nikita May on Muni. Image via YouCaring

Three-year-old Nikita May remains in recovery at SF General Hospital, after being hit on his bike by a pickup truck driver at Fulton Street and 43rd Avenue on April 10. Friends, family, and community members have set up a fundraiser to help the family see him return to health.

May was making his way through a crosswalk on a green light at about 11:45 a.m. when the left-turning driver ran him over. May suffered life-threatening injuries, including brain injuries and brain stem damage, “the full extent of which is not yet fully known,” according to the fundraiser page. He also suffered a number of broken bones — his jaw, chin, fractured clavicle, femur, and several ribs, in addition to a “bruised/collapsed lung” and a ruptured spleen.

Although police took the driver in for questioning, according to media reports, there was no word on whether he received a citation or could be charged.

As neighbors told reporters after the crash, Fulton, a four-lane thoroughfare, serves as a speedway for drivers along the border of Golden Gate Park in the Richmond. May was run over at a park entrance, close to a day care center.

May’s bike after the crash. Image: KTVU

Rob Weir, a neighbor of the intersection, told KTVU after the crash, “We have always said it’s going to take somebody getting seriously hurt, probably a pedestrian, for something to happen. And that, to me, is too late already.”

Exactly one month earlier, a five-year-old boy and his babysitter were hospitalized after being struck by a driver just six blocks away, at Fulton and 37th. SFPD reportedly issued that driver a citation for failing to yield to a pedestrian in a crosswalk.

The fundraiser, organized by Creative Arts Charter School, has raised $71,660 as of today.

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Six Months for Killing Hanren Chang: Even Drunk Drivers Get Off Easy

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Lowell High School student Hanren Chang. Image: ABC 7

It’s hard to imagine a more egregiously clear-cut case where a driver deserves a harsh prison term than when drunk driver Kieran Brewer ran over and killed a minor inside a crosswalk. Surely, unlike other cases where sober drivers killed pedestrians and faced few consequences, these circumstances would spur the judicial system into action.

Yet Brewer was sentenced to just six months in jail for driving drunk and killing Hanren Chang in a crosswalk on Sloat Boulevard last year, as she was returning home from celebrating her 17th birthday.

Kieran Brewer. Photo via CBS 5

Brewer’s total sentence includes six months in jail, six months in home detention, five years of probation, 300 hours of community service, and a nine-month treatment program for people who have driven under the influence, according to the SF Chronicle. Superior Court Judge Brendan Conroy also ordered Brewer to pay the family more than $4,700 in restitution.

In addition, Judge Conroy struck down a bid from the prosecuting attorneys to apply the state’s “three strikes” law in this case. Prosecutors argued that Brewer inflicted great bodily injury, a crime that counts as a strike under the law.

“I don’t think the interest of justice will be served if Mr. Brewer gets this strike,” Conroy said in court, according to the Chronicle. “He has been consistently remorseful and cooperative with law enforcement.”

Remorse and cooperation apparently go a long way in court. So, too, does committing manslaughter with a car rather than a gun. As pointed out in a blog post by GJEL Accident Attorneys, a Streetsblog SF sponsor, “Involuntary manslaughter shootings usually result in sentences of years, not months”:

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Fourth Pedestrian Killed by Driver on Deadly Van Ness This Year

Van Ness and Golden Gate, where a driver reportedly killed a pedestrian while traveling northbound. Image: Google Maps

A car driver struck and killed a man who was crossing Van Ness at Golden Gate Avenue at about 11 p.m. last night. According to the SFPD, “Early reports indicate that the pedestrian was not in the crosswalk,” but the crash is still under investigation. Police didn’t say how fast the driver was going, or how close to the crosswalk the victim may have been.

As SFGate reported, the victim was the seventh pedestrian killed in San Francisco this year, the fourth just on Van Ness — and the third just on a two-block stretch of Van Ness behind City Hall:

In January, a 38-year-old man was hit and killed as he tried to run across Van Ness near Grove Street. In early February, a man was struck near Grove Street and later died from his injuries. About a week later  a pedestrian died in a hit-and-run crash near the corner of Van Ness and Pacific Avenue.

Van Ness, like other street-level highways slicing through San Francisco, has a design that facilitates dangerously fast driving, and the result is an unconscionable number of pedestrian injuries. Although cases where the victims weren’t using a crosswalk tend to be met with victim-blaming, the long distances between crosswalks (which hardly ensure safety) and long wait times to cross Van Ness invite pedestrians to “jaywalk” instead. And since Van Ness is designed to prioritize high-speed through traffic, pedestrian crashes are likely to result in injuries and deaths.

After the hit-and-run crash at Van Ness and Pacific that killed 35-year-old Paul Lambert, who also lost his cousin to a hit-and-run driver in New York City last June, KTVU noted that Van Ness isn’t slated to get any substantial pedestrian safety improvements until Van Ness BRT is built. That project, set to be complete in 2018, will reduce the street’s mixed traffic lanes from six to four, while also adding pedestrian bulb-outs and other safety upgrades.

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SFPD Finds SUV in Crash That Killed Oi Yeung, 82; Driver Still at Large

Police investigating the scene of the crash on Bayshore last Thursday. Image: KRON 4

SFPD has found the SUV in the crash that killed 82-year-old Oi Yeung in a crosswalk at Bayshore Boulevard and Visitacion Avenue Thursday morning, after which the driver fled the scene. The SF Chronicle reported that police located the white Dodge Durango seen by witnesses and in video footage near the intersection where the crash occurred, but that no arrests have been made.

A video still of the SUV involved in the crash. Image: SFPD

“We’re working on making a case for the suspect,” SFPD spokesperson Albie Esparza told the Chronicle:

Yeung was crossing Bayshore Boulevard in a crosswalk at Visitacion Avenue when a Durango, moving in the same direction on Visitacion, turned left into the northbound lanes of Bayshore without yielding to her, police said.

The driver continued for a block to Leland Avenue, did a U-turn, drove back slowly to observe the result of the collision, and then sped away south, police said.

The car was towed and was being processed Tuesday for evidence, said Officer Albie Esparza. Investigators were conducting interviews with the car’s registered owners, and everyone else who lives at the address connected to the SUV.

“This is yet another reminder of how much further we need to go to put an end to traffic violence in San Francisco,” said Walk SF Executive Director Nicole Schneider, who pointed out that streets like Bayshore are “dangerous by design.”

“In fact, in 2011, the Senior Action Network led a demonstration on this street just one block down,” she said. “They submitted their recommendations to the SFMTA, but no changes were ever made.”

Although a section of Bayshore to the north received a traffic-calming road diet earlier this month, with two of the four traffic lanes north of Paul Avenue converted to buffered bike lanes, the Visitacion intersection was not included in the project.

Yeung is the sixth pedestrian killed by a driver in SF this year. As the SFMTA Board of Directors considers approval of the agency’s two-year budget next month, Schneider said increasing funds for the pedestrian safety upgrades called for in the city’s WalkFirst plan is crucial to work towards the city’s official Vision Zero goal of ending traffic deaths.

“New figures from the city show that the economic and health related costs of pedestrian injuries total $564 million per year,” said Schneider. “Compare that to the $3.4 million per year that is secured for pedestrian safety in MTA’s budget. How many more people have to die before we start re-prioritizing?”

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SFPD: No Charges for Trucker Who Killed Woman, 91, on Fillmore Street

Police have declared no wrongdoing on the part of a cement truck driver who ran over and killed a 91-year-old woman on Fillmore at California Street last Thursday afternoon. According to reports, the woman was crossing Fillmore mid-block, in front of the stopped truck, when the driver began driving forward and ran her over. She was taken to SF General Hospital where she died of her injuries:

Image: KTVU

Investigators found that the truck driver, who stayed at the scene and cooperated with officers, was not at fault, [SFPD Sergeant Eric] Mahoney said. The driver had just crossed through the intersection at California Street when he came to a stop behind a couple of other vehicles, according to police. As the other vehicles started moving again, the woman stepped in front of the truck and was hit.

Of the four other drivers who have killed pedestrians in San Francisco this year, the SFPD has cited three, except one who fled and evaded police.

SFPD won’t cite or charge the driver in this case because, as Mahoney told KTVU, he “did not do anything to violate the vehicle code.” The victim was apparently jaywalking (an offense which, as the BBC recently pointed out, was invented by the American auto industry, and is not illegal in most countries, including the UK)

There are, however, two sections of the CA vehicle code that the driver may have violated.

The cement truck was partially blocking the crosswalk after the driver hit the woman. Image: KTVU

The cement truck was partially blocking the crosswalk after the driver hit the woman. Image: KTVU

CVC Section 21954 is the clause that requires pedestrians to yield to vehicles when crossing outside of a crosswalk, but it also says, “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

In addition, CVC Section 22106 says a driver may not “start a vehicle stopped, standing, or parked on a highway… until such movement can be made with reasonable safety.”

KTVU footage also shows the truck stopped with its rear encroaching on the crosswalk, indicating that the trucker could have been blocking it when the woman attempted to cross.

What it comes down to is this: Does the SFPD really believe this truck driver, before stepping on the pedal, exercised all due care to look for people crossing a bustling, two-lane shopping street like Fillmore?

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Speeding Driver Arrested for Killing Pedestrian, Walking Away on Van Ness

Image: KTVU

SFPD has arrested 27-year-old Mageb Hussain of Emeryville for hitting and killing an unidentified pedestrian on Van Ness at Pacific Avenue at about 1 a.m. last night. Hussain was reportedly driving a rental car and attempted to walk away from the scene of the crash.

Mageb Hussain. Photo: SFPD

Police said Hussain faces felony vehicular manslaughter and felony hit and run charges. According to KTVU and the SF Chronicle, Hussain was traveling at freeway speeds when the unidentified victim attempted to cross mid-block. The impact of the crash was so severe, the car’s hood and windshield were smashed in.

The Chronicle reported that Hussain has a “checkered driving record”:

In March and April of 2011, he was cited twice for speeding and once for driving on a sidewalk in three separate incidents. He later failed to make court appearances, records show, and his license was suspended in November of 2011 – an action that ended in October of last year. Hussain’s license is currently valid, the DMV said.

Hussain is the fourth driver to be arrested by SFPD for killing a pedestrian since New Year’s Eve. The drivers in the previous three cases stayed on the scene. Prior to those incidents, it was unusual for police to arrest drivers who were sober and didn’t attempt to flee. But this year SFPD has adhered to its recent change in policy, which allows officers to arrest drivers in fatal crashes when there appears to be probable cause.

In the most recent crash on Sunset Boulevard last Tuesday, 71-year-old driver Jenny Ching was arrested on suspicion of misdemeanor vehicular manslaughter and cited for failure to yield to a pedestrian in a crosswalk. In Hussain’s case, it appears the manslaughter charge may have been elevated to a felony since he attempted to flee.

The victim, whom police haven’t identified, is at least the third pedestrian killed by a driver this year. Today’s KTVU report said a fourth pedestrian, who was previously reported to have suffered critical injuries, has died after being hit by a driver in a crosswalk at Van Ness and Grove Street last Wednesday. That driver fled and evaded police.

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SFPD Arrests Driver for Manslaughter for Killing Man on Sunset Boulevard

Photo: CBS 5

The SFPD has arrested, cited, and released a driver for killing 78-year-old Isaak Berenzon as he crossed Sunset Boulevard at Yorba Street in the Outer Sunset Tuesday at about 11 a.m. This is the third known instance of the SFPD arresting a driver who killed a pedestrian, and wasn’t drunk or fleeing the scene, since New Year’s Eve. Previously, such drivers typically faced no legal penalties.

Jenny Ching, 71, was arrested on suspicion of misdemeanor vehicular manslaughter and cited for failure to yield to a pedestrian in a crosswalk, police told the SF Chronicle:

Berenzon was walking east across Sunset Boulevard at Yorba Street in or near a crosswalk just before 11 a.m. when Ching, traveling south, hit him with a Toyota Corolla, police said.

The road has three lanes in each direction, separated by a median. The crosswalk near where Berenzon was struck features warning lights that flash when a pedestrian hits a button to cross, but police have not said whether the lights were in use at the time of the crash.

Berenzon was pronounced dead at the scene. Ching and her two passengers were taken to a hospital with non-life-threatening injuries.

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