Second Sleeping Man Killed by a Driver at the Same Driveway

For the second time in two years, a homeless man was run over and killed by a driver exiting the same garage exit on Third near Bryant Street in SoMa.

The SF Chronicle reports:

Randy Jacobs, 53, fell asleep Friday night in the driveway of a private apartment garage at Third and South Park streets, in the city’s South of Market neighborhood, before a vehicle leaving the complex ran him over about 6:40 p.m. Jacobs was pronounced dead at the scene.

Police said the driver of the SUV was not negligent, so charges are not likely to be filed in the case.

“When the vehicle was exiting the garage, he was unable to see the guy sleeping there,” said San Francisco police Officer Grace Gatpandan. “The car was exiting and just ran over the victim.”

The driver, a 55-year-old man, failed to see the victim in front of his car and killed him “accidentally” as far as the SPFD is concerned. Not “carelessly” or “negligently.”

A similar scenario played out in November 2012, when a 28-year-old woman was absolved of any responsibility when she drove forward and ran over 55-year-old Elvis Presley. The report on Friday’s incident didn’t say whether the driver was also pulling forward.

Let’s remember that this driveway is also a sidewalk. Falling asleep there isn’t a smart move, but that’s beside the point. It’s the person driving across the sidewalk who needs to exercise caution and make sure that the path is clear. But it seems clear that running over a person lying on a sidewalk is “not negligent” in San Francisco, where the rule is cars over people.