San Francisco Municipal Recreation and Parks Truck Kills Daly City Resident Christine Svanemyr

On Thursday, September 5^th at around 2:30 p.m., Daly City resident Christine Svanemyr was run over at Holly Park in San Francisco’s Bernal Heights Neighborhood.   This tragic pedestrian accident occurred while Mrs. Svanemyr was sunbathing on the grass with her 11-month-old daughter and dog.  A San Francisco Recreation and Parks maintenance vehicle struck her before fleeing the scene. 

 

The driver of the truck has been identified as 57-year-old Thomas Burnoski.  Mr. Burnoski was eventually found by authorities in his truck a few blocks away from the scene of the incident.  He was detained by San Francisco Police Officers, transported to the Ingleside Station and arrested for causing Mrs. Svanemyr’s death and fleeing the scene.  

According to published reports, Mrs. Svanemyr suffered severe head and chest trauma and was rushed to San Francisco General Hospital for emergency treatment.  Shortly after arriving to the hospital, she was pronounced dead.  Her daughter, Isa Amalie, was reportedly unharmed from the accident. 

Mrs. Svanemyr was 35-year-old life coach, Zen monk, and accomplished professional dancer.  She worked as the director of development for New Ventures West.  She is survived by her husband, Vegar Svanemyr, who also works for New Ventures West.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Svanemyr family in their time of unimaginable grief.  No family should be forced to endure this type of avoidable and senseless tragedy.   

At the time of the accident, Burnoski was violating city policy by driving though the grass of the park in a City owned pick-up truck.   San Francisco Recreation and Parks spokeswoman Sarah Ballard commented on maintenance vehicle policy and indicated that workers were not allowed to drive on park pathways, sidewalks, closed roads, or the actual park for mere convenience purposes.  She also assured the outraged public that San Francisco Recreation and Parks policy requires for there to always be an extra spotter for a vehicle if it was driving on park grounds.  Sadly, it appeared as though no spotter was on site, and that the collision occurred in a grassy area that was well removed from the roadway.  It has been reported that the San Francisco Recreation and Parks Department had previously received several complaints that City maintenance vehicles were repeatedly driving too fast and driving on pedestrian paths in Holly Park and other City parks.   

 
Mrs. Svanemyr’s family is entitled to compensation for her wrongful death.  Compensation of damages can include past medical expenses, lost wages, loss of future earning capacity, emotional distress, loss of consortium, pain and suffering.  Victims of pedestrian accidents need an experienced pedestrian accident attorney who will aggressively pursue compensation for the full extent of damages.   

At Matiasic Roth & Johnson LLP, we urge that a comprehensive pedestrian accident investigation is conducted in order to find all sources of liability for this devastating accident and prevent future accidents.  In pedestrian-truck accidents, there may be multiple sources of liability.  In addition to the driver, the City of San Francisco may also be liable for being reckless, and not verifying that its drivers had the required skills and experience to safely operate maintenance trucks.  Furthermore, the City of San Francisco is responsible for ensuring that its employees are compliant with all vehicle safety rules and regulations. 

Claims against municipal entities are controlled by the California Government Tort Claims Act which requires that a claim is filed within six months.  Accordingly, it is imperative that victims immediately contact an experienced pedestrian accident lawyer in order to protect their rights.  The dedicated pedestrian accident lawyers of Matiasic Roth & Johnson LLP specialize in fighting for victims of pedestrian accidents.  Call our office today for a free consultation and case evaluation.

Fatal Pedestrian Accident at San Jose City College Claims Life of 49-Year-Old Magda Gonzalez

On August 19^th at approximately 11:15 am, a woman was struck when a front loader tractor backed up onto a pedestrian walkway on the San Jose City College Campus.  Emergency personnel attempted to resuscitate the victim at the scene, before transporting her to Santa Clara Valley Medical Center.  The victim, who was later identified as 49-year-old Magda Gonzalez, passed away before reaching the hospital.  

The exact location of the accident was reported to have been between the Fine Arts and Vocational Training building on Moorepark Avenue.  A construction crew was digging in the area to gain access to an underground water valve for a campus construction project.  According to witness testimony, the area was previously surrounded by a chain link fence which not only enclosed the entire work site, but also blocked the pedestrian walkway from access.  The fence was reportedly not present on the date of the accident.  The construction companies involved in the project, the driver of the tractor, San Jose City College and possibly other persons or entities may all potentially share some of the liability for this terrible and avoidable accident. 

Based on preliminary reports, the main contractor for the construction project has been identified as Gilbane Construction.  Additionally, the subcontractor that was involved in the project has been identified as Milpitas based Preston Pipelines.  Six crew members who work for Preston Pipelines were reportedly on the job site at the time of the accident.  Preston Pipelines has a history of safety violations including past violations for improperly secured cargo.  The San Jose Police Department, San Jose Community College District Police Department, and Cal-OSHA are simultaneously conducting separate investigations to determine the exact cause of this devastating accident. 

At Matiasic Roth and Johnson LLP, we would like to express our deepest condolences to the family of Magda Gonzalez.  The loss of a loved one in a pedestrian accident is a tragedy that no family should be forced to endure.  Families who have experienced the wrongful death of a loved one are entitled to compensation for their loss.  The dedicated pedestrian accident attorneys of Matiasic Roth and Johnson LLP have over thirty years of experience advocating on behalf of pedestrian accident victims and their families.  If you or a loved one have been involved in a pedestrian accident call our office today for a free consultation.  

Santa Rosa Pedestrian Victor Buxbaum Killed by Drunk Driver

A tragic and unnecessary pedestrian death took place on the evening of Wednesday July 10^th, when a driver who was under the influence veered off the road and hit a pedestrian and his dog.  The 33-year-old driver should not have been on the road that evening, as his license was suspended because of a previous DUI.  Andrew Tungseth, a Santa Rosa native, was driving northbound on Stony Point Road when he drifted his 2004 Toyota Tacoma into the right hand shoulder and struck 52-year-old Victor Buxbaum and his dog, then crashed into two parked vehicles.  Both Buxbaum and his pit bull reportedly died at the scene at approximately 7:27 p.m.

Following an investigation, police found prescription drugs, marijuana, and drug paraphernalia in Tungseth’s vehicle.   Tungseth was arrested at the scene for suspicion of felony DUI with drugs, DUI with alcohol, driving with a suspended license, driving drunk with a suspended license, and manslaughter.  After his arrest, the Santa Rosa District Attorney released a statement regarding his extensive criminal history, and their intent to pursue charges, possibly even for second degree murder.  Tungseth is currently being held on $100,000 bail in the Sonoma County Jail.

At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Buxbaum family in their time of immeasurable grief.  Losing a family member at the hands of a drunk driver is a burden no family should have to endure.  Mr. Buxbaum is remembered fondly in several published reports, which stated that he was a well-liked yoga teacher in the Santa Rosa community.

While the state pursues criminal charges, Mr. Buxbaum’s family will be simultaneously entitled to file a lawsuit for monetary compensation for his wrongful death.  Since Mr. Tungseth was under the influence of drugs and alcohol, it is clear that he is liable for Mr. Buxbaum’s tragic death.  At Matiasic Roth & Johnson LLP we believe that drivers who choose to participate in reckless behavior should be held responsible for their actions.  If you have lost a loved one because of a negligent, inattentive, or intoxicated driver, call Matiasic Roth & Johnson LLP today for your free consultation and case evaluation.

Bicyclist Phillip Jordan O'Neill Killed by Motorist in Pasadena

A tragic bicycle accident claimed the life of a 25-year-old Los Angeles man on June 15, 2013.  Phillip Jordan O’Neill was riding his bike near the California Institute of Technology campus on the 1100 block of East Del Mar Boulevard, between Wilson and Michigan Avenues in Pasadena, California, when he was hit by a vehicle from behind.  Following the accident, Mr. O’Neill was rushed to Huntington Memorial Hospital, where he later succumbed to his injuries.

The type of vehicle involved in the incident has not been released, but has been described in several published reports as a compact car.  No arrests have been made in connection with the accident yet, but that could change upon further police investigation.

At Matiasic Roth & Johnson LLP our thoughts and sympathy are with the O’Neill family in their time of grief.  Losing a loved one in a bicycle accident is a tragedy that no family should have to endure.

This terrible and preventable accident is reportedly the 33^rd bicycle accident fatality in Southern California in the past six months.  Unfortunately, the frighteningly high number of fatalities is not uncommon in the Southern California area, or in many other similar biking communities. 

In California, bicyclists and pedestrian far too often become the victims of negligent or inattentive drivers.  Drivers have a duty to be attentive on the roadway in order to ensure the safety of cyclists and pedestrians.  If a driver is found to have been operating their vehicle inattentively, they will be held liable for their negligent driving and will owe compensation to the victim or their family.

At Matiasic Roth & Johnson LLP, our bicycle accident attorneys have decades of experience investigating bicycle accidents and have consistently obtained compensation for accident victims and their loved ones.  If you have lost a loved one because of a negligent or inattentive driver, call Matiasic Roth & Johnson LLP today for your free consultation and case evaluation.

Dublin Cyclist Couple Hit by Motorist in Pleasanton: Diana Hersevoort Pronounced Dead at the Scene

A Dublin couple was struck by a young motorist on Sunday afternoon while riding their bikes on Foothill Road in Pleasanton, California.  The accident took place on a two-lane road a quarter mile south of Golden Eagle Way, while the couple were riding south on Foothill Road.  Police and emergency personnel were called to the scene on June 9^th at 1:08 p.m.  Tragically, 58-year-old Diana Hersevoort was pronounced dead at the scene. 

Both bikers were hit by the 2004 Dodge Neon that was being operated by an unidentified 18-year-old man.  Johannes Hersevoort was transported to a local hospital where he was treated for undisclosed injuries.  Several reports state that Johannes was hit first, followed by his wife Diana who was riding ahead of him.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Hersevoort family in their time of grief.

This tragedy is a reminder to motorists that they need operate their vehicles responsibly to ensure the safety of cyclists.  The stretch of road where this accident occurred is a popular bicycle route but is very dangerous for cyclists because of reckless drivers.  Several comments by community members indicate that many drivers are frustrated by sharing the road with bicyclists, and often try to pass them at unsafe speeds.  This dangerous attitude toward cyclists is very common, and speeding and aggressive driving are frequent factors in causing accidents that leave bicyclists with fatal and severe injuries.

Sadly, cyclists being struck by automobiles on California roadways is an all too common occurrence. Losing a loved one in a bike accident is a tragedy that no family should be forced to endure or witness.  If a family member witnesses a loved one sustain fatal injuries, they may be entitled to compensation for negligent infliction of emotional distress, as well as compensation for the wrongful death of a loved one.

At Matiasic Roth & Johnson LLP our bicycle accident attorneys understand the importance of an immediate and comprehensive investigation to identify all responsible parties, causes of action, and preserve critical evidence.  Families that have experienced the wrongful death of a loved one need a dedicated attorney to fight for them.  If you have lost a loved one in a bicycle accident, call Matiasic Roth & Johnson LLP for a free consultation.

San Jose Teen Sustains Fatal Injuries after Being Struck by Ford F-150

Silver Creek High School is mourning the loss of a beloved member of its sophomore class following a fatal bike accident.  Local teen Andy Martinez is the ninth person this year to sustain fatal injuries due to a bike or pedestrian accident in the San Jose Area.  Several reports state that the 15-year-old was riding his bike to school on Monday, May 20th when he was hit by a Ford F-150 pickup truck, a block away from his destination. 

The accident occurred at the intersection of East Capitol Expressway and Silver Creek Road, at approximately 7:35 a.m.  Following the collision, Andy was taken to an unidentified hospital where he later died at 8:10 a.m. due to the severity of his injuries. Grief counselors are working with students and staff members of Silver Creek High School to help them cope with the loss of Andy, who was described as the life of the classroom.  At Matiasic Roth & Johnson LLP our thoughts and prayers are with the Martinez family and the Silver Creek High School community in their time of grief.

 

 

Investigators are working to figure out exactly how the accident occurred.  According to witnesses, Andy was heading east on East Capitol Expressway and the pickup truck was traveling north on Silver Creek Road when the two collided.  Several students confirmed that the intersection is often busy, and is known for being dangerous for cyclists and pedestrians.

The full investigation may reveal many details that witnesses or the parties involved may not be able to recall.  After analyzing skid marks, traffic signals, the pickup truck, and the fixed gear bike involved, investigators may be able to determine the cause of the accident.  Investigators may find that the driver of the pickup truck was driving recklessly or inattentively, both of which are common causes of pedestrian and bike accidents, and would allow the driver to be held liable for the accident.  Even if the collision is found to have been an accident, the family of Andy Martinez may have a right to obtain compensation for several other reasons; for example, if the intersection is found to be a dangerous.

There are several ways for an accident to result in the wrongful death of a loved one. The experienced bicycle accident lawyers of Matiasic Roth & Johnson LLP will ensure that you or a loved one receives the compensation they are entitled to.  Call Matiasic Roth & Johnson LLP today for your free consultation and case evaluation.

21-year-old Cyclist Killed by Recology Garbage Truck in San Francisco's Mission District

On May 23, 2013, at about 6:45 a.m., a bicyclist was struck by a Recology garbage truck in the Mission neighborhood of San Francisco.  The accident occurred as the bicyclist was heading eastbound on 16^th Street, while trying to make a right hand turn onto southbound Van Ness.  The collision left the 21-year-old bicyclist dead at the scene.  The bicyclist, Dylan Mitchell, had just moved to San Francisco two weeks ago and was working with an electrician as an apprentice.  He was previously a resident of Clayton and had attended Clayton Valley High School.

 

The driver of the garbage truck was unaware he had hit the bicyclist until he was waved down by pedestrians on the street who had witnessed the collision.  The bike was found crushed on the corner of 17^th Street and South Van Ness after being dragged one block down the street.

 

Bicycles and vehicles must share the road making it essential that drivers obey all traffic laws. Bicyclists do not have the same physical protections as other vehicles which makes them more vulnerable to serious injuries.  Drivers have a duty to pay attention while driving and refrain from any negligent behavior that puts the safety of cyclists at risk.  Bicycle accidents frequently happen when a cyclist is cut off in an intersection or when someone opens their car door into a bike lane.  When drivers fail to take the proper safety precautions, severe or fatal injuries can occur.

 

At Matiasic Roth & Johnson LLP we send our deepest condolences to Dylan Mitchell’s family.  The personal injury attorneys at Matiasic Roth and Johnson LLP are highly experienced with bicycle accident law and know the importance of pursuing our client’s legal rights with diligence.  Our lawyers have over thirty years of combined legal experience and have successfully handled many bicycle accident cases.

 

If you have been involved in a bicycle accident, your case will be personally handled by one of our skilled attorneys who are compassionate with their clients and aggressive in protecting their rights.  If you or a loved one have been injured in a bicycle accident you could be entitled to compensation.  Contact the attorneys at Matiasic Roth & Johnson LLP for a free consultation and case evaluation.