San Ramon Lawyer Pleads Guilty in Cyclist Hit-and-Run

Days before Thanksgiving, San Francisco employment lawyer Spencer Freeman Smith pled guilty to felony hit-and-run and misdemeanor vehicular manslaughter for hitting and killing Bo Hu, who was riding his bike on Dougherty Road in Dublin.

According to an article in SF Gate, Smith hit Hu from behind with his black Mercedes-Benz CLS550 and fled the scene. Police officers were able to match parts left at the scene to Smith’s car, which had “extensive windshield and front-end damage” according to Dublin police lieutenant Herb Walters.

The guilty plea comes more than two-and-a-half years after the hit-and-run accident. Smith refused a plea deal in August 2013. After several delays, the San Ramon resident accepted the plea.

Depending on the outcome of the February 20 sentencing hearing at Alameda County Superior Court in Hayward, Smith could face jail time and/or probation, fines and restitution to the victim’s family.

Hu’s family also has grounds to file a wrongful death action for damages for the loss of the care, comfort and society. Since there was a felony conviction, oftentimes auto insurance companies exclude from coverage payment for injuries or death from criminal conduct. Given the heinous nature of Smith’s actions, he could also be liable for punitive damages over and above the normal damages allowed for wrongful death. 

It is my hope that Smith receives punishment commensurable with the crime and that the victim’s family receives compensation for this wrongful death. Very often in hit-and-run cases involving cyclists and pedestrians, the victims and/or families feel that the sentence is ultimately inadequate given the gravity of the defendant’s conduct. My condolences to the Hu family for their loss.

How Workers’ Compensation Affects Personal Injury Cases

Workers’ Compensation cases vary from personal injury actions in many ways. Personal injury is based on fault. But if an employee gets injured on the job, he or she is entitled to workers’ compensation benefits whether the employer is at fault or not.

Workers’ compensation is often the only remedy for work-related injuries or illnesses. The law requires employers to compensate injured employees for lost wages and medical expenses. In exchange for workers' compensation benefits, employees cannot sue their employer for negligence when workers’ compensation is available—most of the time.

Under certain circumstances however, both workers’ compensation and personal injury law come into play. If an employee gets injured in an automobile accident while he’s driving a company vehicle or the employee’s vehicle for work related purposes, the employer is obligated to pay workers’ compensation.  If the other driver is at fault, the employee can make a claim for personal injuries against the at-fault driver for damages and also file a workers’ compensation claim with his or her employer.

In another scenario, if an electrician on a construction job falls from scaffolding improperly installed by another contractor, the electrician can file for workers’ compensation benefits as well as sue the potentially at-fault contractor for negligence.

If the employer’s conduct is reckless or egregious, aka seriously bad, the employee may be able to sue the employer for damages beyond what’s available through workers’ compensation. Employers that do not provide appropriate safety training; require employees to work without protective equipment; or make them perform a job that that runs afoul of safety standards could face liability if an employee gets hurt.

Other exceptions to workers’ compensation limits include injuries caused by defective products, tools or equipment, toxic substances or if the employer does not carry workers’ compensation insurance.

Note that if an employee brings a third-party lawsuit against that contractor or that at-fault driver, the workers’ compensation insurance carrier can file a claim against the settlement or damages award to recoup what it paid for your claim. If that seems unfair, we agree, but it’s the law. Routinely the personal injury attorney will negotiate with the representative of the workers compensation carrier and will convince them to accept much less than what they actually paid.

Because workers’ compensation only offers a limited amount of benefits, does not account for pain and suffering and comes with some pretty complex conditions, it’s important to understand when and how to navigate outside of the workers’ compensation system. An experienced personal injury attorney can help determine if and when to pursue a case.