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.

Safe Cycling: The Legal Effects of the Three-Feet Rule

As you may know, Vehicle Code Section 21760, aka the Three Feet for Safety Act, took effect last month. The new law requires motorists to give at least three feet when passing cyclists. Sounds simple enough.

But when the road narrows and giving three feet means crossing a double-yellow line, which is illegal, or when other traffic or road conditions make it difficult to comply with the rule, the motorist must “slow to a speed that is ‘reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle’.” This is where things get murky.

This to-pass-or-not-to-pass grey area adds an interesting new element to car-bike cases. As CHP explained to San Jose Mercury News, “the new three-foot rule doesn't mean a driver has to remain stuck behind a cyclist until the road widens. A driver can get closer than three feet and pass but only at a ‘safe and reasonable’ speed.”

Cyclists must also be aware that when five more cars are following then and can’t pass, the cyclists must stop or move to the right to let the cars pass (much like a slow-moving vehicle).

The three feet rule is intended to promote safe cycling. Will it help? We sure hope so. As more people become aware of the law, they will ideally become more mindful when approaching bikes on the road.

In the unfortunate event that a motorist does collide with a bike, discovering whether the motorist violated the law adds another challenge to a personal injury action. The driver must overcome evidence that he or she clearly invaded that three-feet buffer.

The width of bike and auto lanes, as well as the width of the vehicles themselves, will become more important during discovery. Lawyers should be more precise in depositions regarding the distance between the car and the bike. More questions should be asked to establish whether a defendant knew or did not know about the three-foot rule. Plaintiffs’ lawyers should also educate their cyclist clients about the issue before deposition.

If a case goes to trial, we may even see a new jury instruction based on the language of the statute.

If you’ve been side-swiped by a vehicle (a definite three-feet violation!) and sustained significant injuries, call our office for a free consultation. For more information on steps to take following a crash, read this article from NorCal Cycling News. Keep the rubber side down.