San Francisco Injury Lawyer Blog

Most drivers instinctively improve their driving habits when passing police stations. Not so with one taxi driver, who cut off a bus while trying to make a right turn on Thursday, January 26. The Yellow Cab driver pulled the aggressive maneuver right outside the Bryant Street Police Department and the Hall of Justice, which houses the Traffic Division of the San Francisco Superior Court.

The SF Appeal reports that the taxi caused the bus to collide with it rear right bumper, sending it spinning into a fire hydrant. Luckily, none of the bus’s passengers was harmed and the fire hydrant remains intact. However, the taxi’s passenger was taken to the hospital with minor injuries.

Taxi drivers are culturally regarded as aggressive drivers. Thursday’s accident may not help improve that image. Studies by both University of California, Los Angeles (UCLA) and University of Sydney, Australia posit that a combination of factors may make individual taxi drivers more likely to drive aggressively. Two factors that affect taxicab driver safety are the relatively low income and low regard that drivers receive in exchange for their work. Drivers feel pressure to increase the number of fares they have in a day, thereby raising their income, but also increasing the threat of accidents. Taxi drivers in the UCLA study cited avoiding the loss of income brought on by an accident as the biggest negative incentive to aggressive driving, rather than the importance of customer satisfaction.

In addition to income pressures, taxi drivers also deal with long hours in consistently stressful situations. A taxi driver’s job is essentially to commit to an endless commute. A driver may stay behind the wheel for longer hours than expected in order to make extra fares. Long hours and missed breaks contribute to driver fatigue and increase the chance of an accident.

A University of California, Berkeley study set out recommendations to tweak the taxi medallion system used in San Francisco since 1978. The medallions limit the number of permitted taxi drivers in the city, increasing income as a whole for taxi drivers, therefore alleviating the pressure to engage in risky behaviors in order to increase the number of fares. San Francisco Municipal Transit Agency is also looking into possible schemes for increased access to health care for taxi drivers. After everything is said and done, the Berkeley study lukewarmly asserts that a San Francisco taxi ride is reasonably safe. Of course, individual driver personality is a substantial factor in driver behavior. Therefore, it is impossible to generalize about the safety of taking any particular cab.

Continue reading "San Francisco Taxi Driver Runs Amuck Outside the Hall of Justice" »

The Brod Law Firm, your San Francisco car accident law firm, knows that anger and driving can be as volatile a combination as alcohol and driving. In our personal injury practice, our team has seen the danger of putting emotions before safety and we represent San Francisco road rage victims harmed by drivers whose emotions overtook their sense of due care.

Road rage made headlines again this week. In the early morning hours of Wednesday, January 25, a minivan and a truck collided on Interstate 80 in Richmond. The minivan, a Ford Aerostar, was driven by Ronald Zerangue who was travelling west on I-80 in the vicinity of Carlson Boulevard. The van struck a GMC pickup truck travelling in the carpool lane before crashing into the center divider and flipping repeatedly. Zerangue, 63 of El Sobrante, died at the scene of the crash. The unidentified driver of the pickup and his passenger only suffered minor injuries.

Although the accident remains under investigation, The San Francisco Chronicle suggests road rage is being investigated as a cause. The California Highway Patrol believes that Zerangue may have been attempting to “brake check” the pickup truck at the time of the collision. Brake-checking is the practice of intentionally swerving in front of another vehicle and then stepping on the brake. The Chronicle reports that Zerangue had attempted to cross in front of the truck but clipped it instead, sparking the chain of events that led to the fatality.
Road rage is a serious issue. Wikipedia defines it as “an aggressive or angry behavior by a driver of an automobile or other motor vehicle." The article further notes that the term actually originated in the Los Angeles area after a series of roadway shootings in the mid-1980s. Interestingly, road rage is contained within the leading resource on psychological disorders with the Diagnostic and Statistical Manual of Mental Disorders including it as a symptom of Intermittent Explosive Disorder.

This seriousness is still a bit overlooked, however, by California law. As we’ve noted in this blog before, road rage is specifically addressed by the laws in many states but is generally lumped together with careless and reckless driving in California. Admittedly, road rage brings to mind the famous comments by Supreme Court Justice Potter Stewart on pornography: “I know it when I see it.”

Regardless of the vagueness in the criminal law, victims harmed by an emotional driver should consider a civil personal injury lawsuit. Our San Francisco personal injury lawyer can help a victim pursue damages in court. A civil lawsuit after a car accident can include a recovery for medical damages, lost wages, and other costs stemming from another driver’s negligent acts. Further, courts may award damages for pain and suffering. In the most extreme cases, which can include particularly aggressive acts of emotional driving, the court may even award punitive damages in order to further punish a wrongful act.

If you or a loved one was harmed in a San Francisco road rage accident, please call to schedule a free consultation. Most cases of this kind are handled on a contingency basis so there is no cost to you unless you recover compensation for your injuries.

See Related Blog Posts:
The Legislation of Road Rage-Comparing California to Rest of the Country
San Francisco-Oakland Car Accident Attorney Comments on a Case of Road Rage in San Francisco

Parents should be able to send their children to school with confidence that they are safe and protected from harm while they learn. This is a fundamental promise that our communities make to families. As an Oakland sexual abuse victim’s law firm, our team is committed to helping when this commitment is not met. Abuse in Oakland schools should not be tolerated and victims and their families should pursue justice in both civil and criminal court.

The Oakland Tribune reported this week on the conclusion to a criminal case against a former area school teacher. Michael Merrick, 48, was a teacher at Lafayette’s Stanley Middle School when he was arrested on abuse charges in October 2010. The charges that Merrick molested a fourteen year-old girl stemmed from time the two spent in private summer tutoring sessions on school property and evidence included semen stains from a classroom couch as well as text messages sent by Merrick to the young teen. Merrick accepted a plea deal in the criminal case that will result in five years and eight months in prison. As part of the agreement, Martinez confessed to his actions in court and apologized to the girl, her family, and the community that trusted him with their youth.

Of course, no court action can ever bring back the loss of innocence or undo the harm caused by molestation, especially when the perpetrator was a trusted adult. That said, it is important that victim’s families consider whether a California civil lawsuit for sexual abuse may be an appropriate and even necessary step towards recovery. A criminal conviction is an important element of justice and can provide an important mental and emotional role in the victim’s recovery. However, a criminal conviction cannot address many of the very real aftereffects of the abuse. It is vital that abuse victims are able to receive skilled psychological counseling and this can be a very costly, long-term endeavor. In some cases, medical bills for physical injury may also be a factor. Only a civil lawsuit can provide the financial compensation from the abuser that will help a victim afford this necessary emotional and physical treatment.

In some cases, parties other than the abuser may be included in a civil sexual abuse lawsuit. This can be helpful where the perpetrator may be unable to pay an award. It can also serve as a strong statement about responsibility, especially where children are involved. Our schools owe a safe environment to our children. Consulting a skilled Oakland school injury attorney will allow you to explore whether a claim against the school district is also appropriate in your specific case. If the school was negligent in monitoring safety or responding to prior reports, including the school in a lawsuit can increase the civil recovery and can also help send a strong message that may result in greater precautions in the future.

Again, The Brod Law Firm knows that no amount of money can ever truly compensate a victim for the horror of abuse. However, money can help with both psychological and physical treatment. This is what the civil system is for – compensating victims. Please reach out if we can help you and your family move ahead after an unimaginable trauma.

See Related Blog Posts:
Remembering the Victims: San Francisco Victim’s Rights Attorney Comments on Criminal Sentencing of Child Molester
Oakland School Threats Reminder of Need for Safe School Environments

Serving as a Sacramento pedestrian injury law firm means that our team is particularly aware that auto accidents are all too common in our car-driven culture. The reality of Sacramento pedestrian fatalities is particularly clear after two separate accidents claimed the lives of young adults in the past week.

According to The Sacramento Bee report, the first of these dual tragedies occurred in the early morning hours. At approximately 3:50AM, a twenty-one year old resident of Foster was struck by a car while walking on 113 North in Woodland. The victim was killed in the accident and the driver fled the scene. The California Highway Patrol is looking for witnesses who may have information relating to this fatal hit-and-run.

A second crash, also reported by The Bee, claimed an even younger victim. Sixteen year old Michelle Murigi of Sacramento was hit by a car while crossing Fruitridge Road at 58th Avenue. One eastbound vehicle had stopped to allow the teen to cross but a second car continued through the crosswalk and struck the girl. The crash occurred on Thursday afternoon and Murigi was taken to UC Davis Medical Center. She was placed on life support but succumbed to her injuries and passed away on Friday night. The unidentified driver reportedly said that he did not see the pedestrian and the accident remains under investigation.

Pedestrian fatalities remain a serious problem, despite many efforts to encourage both safe driving and safe pedestrian behavior. According to a report from the National Highway Administration, 4,092 pedestrians were killed in vehicle-related crashes is 2009. This figure represented a seven percent drop from 2008. Notably, between 2000 and 2009, the percentage of traffic deaths involving pedestrians remained fairly steady with pedestrians representing between eleven and twelve percent of all traffic fatalities. This number increases for the youngest victims with pedestrians accounting for twenty-two percent of traffic victims under age five. Weather does not appear to be a primary factor with eighty-nine percent of the pedestrian deaths in 2009 occurring during normal weather conditions. Time-of-day had a much greater statistical impact and sixty-nine percent of the 2009 deaths occurred during nighttime hours. Nearly three-quarters of the accidents occurred in an urban setting. Alcohol is also a significant factor and nearly half of the 2009 pedestrian fatalities involved either an intoxicated driver or an intoxicated pedestrian.

It sounds a bit cliché, but we truly believe that even a single pedestrian death in Sacramento or elsewhere is a death too many. We urge drivers to exercise caution, especially in urban areas where sharing the road is a reality and at night when visibility is an extra challenge. We also urge the families of pedestrian victims to pursue civil litigation after an accident. No amount of money can bring back a lost loved one, but compensation can help survivors pursue help as they grieve and address the economic consequences of the incident. Seeking justice in court also sends a strong message that carelessness will not be tolerated. Our Sacramento wrongful death lawyer is experienced in helping grieving family members navigate the legal system and move forward from tragedy. Please contact us if we can help you and your family in the aftermath of tragedy.

See Related Blog Posts:
Wrongful Death Attorney on Arrest of Driver in Fatal DUI Crash in San Jose
Oakland Accident Law Firm Comments on San Jose Pedestrian Fatality

The N Judah line, which travels from Ocean Beach to 4th and King Streets, boasts the biggest share of ridership of San Francisco’s light rail lines. Unfortunately, it also boasts the largest number of accidents. According to the SF Examiner, the N Judah was involved in 84 accidents between 2008 and 2011, which is 26 more than the next most accident prone light rail line- the M-Ocean View.

Besides the high traffic on the N Judah line, the safety of the line is affected by its route through the busy Sunset District. The way the streets are designed gives the district a neighborhood feel, but it also makes it difficult for trains to pass through safely. Supervisor Matt Grossman expressed concern over the fact that many stops along the line lack boarding stations. Supervisor Carmen Chu admits that boarding procedures should be looked at on the line to improve safety.

Intersections of high concern include 9th Avenue and Judah street, where a combination of trains running lights, cars steering around trains, and jaywalkers have led to accidents like one in June, 2011, in which the N Judah collided with a truck making a U-turn. In May, 2011 an accident occurred between the N Judah and a vehicle at the intersection of 24th Avenue and Judah, when a driver collided with the N Judah where she had a stop sign and the N Judah did not.

The San Francisco Municipal Transportation Agency (SFMTA) continues to look for ways to improve safety on the line. In June, 2011 SFMTA created the N Express bus line to relieve congestion during commute hours. Six months later, the SFMTA deemed the line a success and decided to make it permanent. Supervisor Carmen Chu worked with the Department of Public Works to install bright colored planter boxes at the intersection where turnaround for the N Judah is located.The boxes are meant to discourage drivers from making dangerous maneuvers to get around trains stopped there.

Continue reading "High Rate of Accidents on the N Judah Raises Safety Concerns" »

Like others around the world, our San Francisco personal injury law firm team has been watching as the tragic story of the cruise ship disaster on the Italian coast unfolds. It seems that each day a new element emerges as the world attempts to understand both the accident and its aftermath. The actions of the ship’s captain both leading up to and following the moment the Concordia ran aground will be discussed and disputed for a long time to come. The reports thus far suggest far more than simple negligence on the captain’s behalf and serve as a reminder that operating errors can extend far beyond drivers of cars and SUVs.

We are proud to serve boating accident victims in San Francisco and throughout Northern California, regardless of whether their injuries occurred on a large cruise ship or a much smaller, personal boat. The California Department of Boating and Waterways, which compiles statistics on boating injuries in the state, found that in 2008 a total of 686 accidents led to 382 injuries, 48 deaths, and $5,899,184 in damages. This represented a significant decline from the prior year with 2007 containing 804 accidents, 482 injuries, 55 fatalities, and $10,643,800 in economic damages resulting from boating accidents. In both years, the largest share of accidents involved open motorboats. Other Department publications suggest that half of all fatal boating accidents involve intoxicated vessel operators.

Given the numerous coastal regions and other waterways in our state, it is not surprising that California has a fully developed system of laws and regulations governing boaters that is akin to the more commonly known rules of the roadways. The waterways laws include many specific procedural rules as well as general prohibitions against reckless or negligent vessel operation. California does not, however, require a license to operate a boat. The Department of Boating and Waterways does offer a number of safety education pamphlets, including a detailed correspondence home safety course that can result in reduced insurance premiums upon a boat owner’s successful completion of a safety test. In some cases, people who have been involved in a boating accident or who have been charged with a violation of a waterways law may be ordered by a judge to take part in this course.

Our hearts go out to those involved in the Italian cruise disaster, including passengers and those who lost loved ones. Thankfully, boating accidents on this scale are relatively rare. However, as the statistics above show, smaller scale waterways accidents impact many California residents every year. If you or a loved one has been injured in a boating accident, it is vital that you reach out to an experienced San Francisco boating injury lawyer. Gregory Brod and the Brod Law Firm team can help you to understand and navigate the legal system and receive compensation for your injuries from the parties at fault. As always, our office offers a free consultation to all prospective clients. Most of our San Francisco personal injury lawsuits are handled on a contingent fee basis so there is no charge unless you recover compensation for your injuries.

See Related Blog Posts:
San Francisco Personal Injury Attorney Comments on Water Safety
San Francisco-Oakland Personal Injury Attorney Comments on Aviation Accidents

As an experienced San Francisco personal injury law office, The Brod Law Firm knows that vehicle crashes can involve pedestrian victims in addition to the vehicle occupants. Our San Francisco pedestrian injury attorney also knows that these cases often result from a myriad of causes that all contribute to an accident. It is our mission to hold negligent drivers and operators responsible for their actions but we also urge residents to exercise caution while walking to help avoid tragic results.

CNN’s website is reporting on a study published in Injury Prevention that drives home the importance of being aware of your surroundings, even when you are on foot rather than behind the wheel. The study by a team at the University of Maryland School of Medicine found that serious injuries and fatalities involving headphone-wearing pedestrians tripled in the period between 2004 and 2011. Half of the reported incidents involved train collisions while the other half involved cars, trucks, buses, or bicycles. Although headphones have been around for decades, they have become increasingly prevalent in our wired 21st century lives. The danger appears especially prevalent for younger people with twenty-one being the median age of the pedestrians. Headphones can render pedestrians inattentive and limit their ability to hear oncoming vehicles. In response to the danger of distracted pedestrians, some lawmakers have even considered legislation forbidding the use of headphones in city intersections.

As a victim’s personal injury law firm in San Francisco, we know that accidents are complex. While we urge residents to use caution and take steps to avoid pedestrian injury, we also believe that those injured by negligent drivers deserve compensation even if their own actions were not without fault. Until 1975, California used a legal principle that barred any recovery whenever the victim’s own negligence contributed to the accident. This is no longer the case. The California Supreme Court has since made it clear that victims can recover even in cases of contributory negligence, the legal term for the victim’s own imperfect actions. Victims can still bring, and win, personal injury suits where their own negligence was a factor. Instead of barring recovery, the court may reduce the amount of damages awarded in order to take the plaintiff’s role into account. For example, if the court finds that a speeding driver held 85% of the responsibility for a crash with 15% of the fault being due to the pedestrian’s own distraction, the court will calculate the amount of damages and award 85% of the total figure.

It is a prevalent theme of this blog that prevention is always best. We urge area pedestrians to be fully aware of their surroundings, taking particular care on busy streets, near intersections, and at railroad crossings. Headphones should be used responsibly and pedestrians should always be sure they can hear the traffic noises around them and that they do not allow their mobile devices to distract them from their safety. However, we also know that most accidents include a myriad of factors and do not believe that simply having worn headphones should prevent a victim from seeking compensation when another person’s negligence led to their injuries. If you have suffered injury in a pedestrian accident in San Francisco or the surrounding Northern California communities, please contact our team for a free consultation to discuss your unique case and your legal rights.

See Related Blog Posts:
New Year’s Eve Has the Highest Instances of Pedestrian Fatalities
Oakland Accident Law Firm Comments on San Jose Pedestrian Fatality

Dogs can be wonderful companions. They are loyal, loving, and are often a true member of the family. While most pets are gentle and kind, dangerous dogs are a real concern. As your Sacramento personal injury lawyer and an experienced California dog bite law firm, The Brod Law Firm is prepared to help residents who have suffered injury after being attacked by a dog.

The Sacramento Bee and CBS 13 Sacramento both reported on a vicious pit bull attack on the morning of Saturday January 14, 2011. The attack occurred at a home in South Sacramento on the 7000 block of Third Parkway. Details on the events leading up to the event are limited, but it appears that a nine year-old boy walked from the home into the backyard where the dog was located. The dog severely mauled the child, leaving him with a head injury and damage to his arm. A woman was also injured in the events. Her injuries appear to be less severe and the article reports that she is recovering. A neighbor, Pat Nunes, heard the commotion and helped to free the boy from the dog’s bite. Paramedics and law enforcement responded to the call and contacted Sacramento County Animal Control for additional support. The sheriff’s office reported that an officer did fire his weapon when the dog attempted to leap a fence and escape from the home’s yard. The Bee does not comment on the dog’s fate but CBS’s web site reports that the dog was killed.

California law is particularly strict in cases of dog bites. While some states have a policy that the owner must have been aware of the dog’s viciousness in order to impose civil liability, California does not. Under California Civil Code Section 3342 an owner is automatically liable for the actions of their animal. This is a huge benefit to victims seeking compensation in civil court since they do not need to prove prior knowledge, a tricky and difficult requirement. This strict liability rule does have an exception for cases where the dog was intentionally provoked.

In some areas, special regulations apply to pit bulls, a notoriously dangerous breed. California generally leaves this decision up to local municipal authorities. San Francisco has a city ordinance that requires all pit bulls be spayed or neutered, with an exception for registered show dogs. This regulation was enacted in 2005. In 2010, a representative for the San Francisco police department’s vicious dog unit reported a significant drop in the number and severity of attacks by pit bulls under the provision. Sacramento does not appear to have such restrictions. In addition to legal restrictions, some insurance carriers restrict coverage on homes containing pit bulls.

Dog bites can cause severe physical injury and even death. They can result in medical bills and lost wages, in some cases restricting future employment options where permanent damage is incurred. Additionally, a dog attack can cause significant mental distress. If you or a loved one has been harmed by a dangerous dog in Sacramento or elsewhere in the Northern California region, you may be entitled to compensation. Our Sacramento injury attorney can help you recover the damages the law allows. Please call for a free consultation to discuss your legal rights. In most injury cases, we operate on a contingent fee basis so there are no attorney’s fees unless you recover for your injuries.

See Related Blog Posts:California Strict Liability Law Promotes Owner Accountability in San Francisco Dog Bite Cases
San Francisco Dog Bite Attorney Comments on San Francisco's Pit Bull Ordinance

As a San Francisco law firm for car accident victims, The Brod Law Firm knows firsthand that car crashes are often much more complicated than they seem. It may seem simple to assess fault and the temptation to stop the analysis at the driver may be especially strong in cases involving DUIs. However, it is important to dig deeper to examine the many factors that contribute to drunk driving accidents. This process is vital to preventing future accidents and to ensuring justice is served for the victims.

The San Francisco Chronicle reported this week on charges filed against two adults stemming from a fatal car accident involving an intoxicated teenage driver. The details are in dispute but it appears fifty-one year old Amelia Chin accompanied Margaret Qaqish, a seventeen year old friend of Chin’s daughter, to the Good N Rich Dairy Market where an alcohol purchase was made. The involved parties debate who made the purchase, but the alcohol appears to have been a factor in a car crash during the early morning hours on the following day. The driver, seventeen year old Sean Quintero, was intoxicated and reportedly debating music choices with his passengers when he failed to notice that the car in front of him had stopped. Quaqish, the teen involved in the store visit the prior day, was sitting in the middle rear seat when the car collided with the stopped vehicle. She was thrown forward and died at the hospital the following day.

In November, Quintero, the teenage driver, pled no contest to charges including misdemeanor vehicular manslaughter and felony drunken driving. His blood alcohol level was 0.15% at the time of the crash, nearly twice the limit for drivers under California law. His sentence will be handed down next month. This week, additional charges were filed relating to the accident. Chin, a resident of Alameda, has been arrested on suspicion that she furnished alcohol to the teens. Additionally, Abduhl Azeem Buksh, a co-owner of the Dairy Mart and the clerk involved in the alcohol sale, has been charged with selling alcohol to minors. As noted above, there remains a dispute regarding who made the alcohol purchase and there are likely other specific facts that need to be clarified to determine how these charges will play out in court.

Underage drinking is illegal and dangerous, especially when cars are involved. Educating our young people is key, but it is important to remember that California law also imposes responsibility on adults. It is a crime to provide alcohol to a minor. A law that went into effect at the beginning of 2011 reiterated the legislature’s concern on the matter by expanding the liability of adults for actions that occur in their homes. The social host liability provisions make adults liable if they provide alcohol to minors in their residence, such as when hosting a party for their teenage children and their young friends. Parents may believe that hosting a party promotes a safer environment, but teenage drinking is still illegal and the law is very clear that the adults involved are committing a crime.

In addition to criminal charges, civil courts can and will hold adults liable when they furnish alcohol to an underage individual who is later involved in an accident. As a San Francisco law firm for DUI victims, we work to make sure that injured Californians receive all the compensation the law allows. We are fully prepared to include those whose disregard for the law and safety contributed to an accident in these lawsuits. Victims face staggering economic and emotional costs after an accident and we will work to ensure that they recover damages to help them in the aftermath of the incident. This means looking deeply at the events that led up to the accident, applying the law to the circumstances of the specific case.

We hope that adults will think twice before providing alcohol to teens. We believe that DUIs can be avoidable with responsible decision-making. However, if you or a loved one has been injured by a San Francisco drunk driver, please reach out to us. We can help you recover compensation from the driver and from other individuals whose poor decision-making contributed to your injury.

See Related Blog Posts:
Wrongful Death Attorney on Arrest of Driver in Fatal DUI Crash in San Jose
Holiday Message from your San Francisco DUI Accident Lawyers: Enjoy, Give Thanks, Be Safe

A story in The Oakland Tribune serves as a disheartening reminder that DUI dangers do not disappear after the holiday season fades away and that Oakland motor vehicle accident fatalities will remain a reality in 2012. As a law firm for Oakland DUI victims, we are saddened by every accident but we are proud to be able to help victims and their families in the aftermath of these tragedies.

Salvador Espino, a fifty-five year old from San Jose, has been arrested and is facing charges of driving under the influence, vehicular manslaughter, and other related violations. Reports indicate that he was driving a 2007 Dodge Caravan erratically, pinballing between the center median and shoulder, while reaching speeds over ninety miles per hour. Espino was driving in the northbound lanes of I-680 between Milpitas and Fremont and, in the area of Scott Creek Road, his vehicle struck two cars before veering off the road and slamming into two trees. The impact was strong enough to shear the right side off of the minivan and topple one of the trees. Espino was not seriously harmed but his passenger, another fifty-five year old man from San Jose, was killed and pronounced dead at the crash scene. The driver was arrested, booked, and taken to Santa Rita Jail on suspicion of numerous counts including an alcohol-related charge.

As Oakland wrongful death lawyers, we recognize that the law cannot bring back a victim who is killed in a senseless auto accident. We advocate for prevention and education because a post-accident lawsuit is always an imperfect remedy. Nonetheless, we believe that it is important for families who have lost a loved one to reach out to experienced legal counsel to discuss their legal rights.

Wrongful death claims are generally filed by the victim’s next-of-kin. These suits are filed in civil court and are separate from any criminal case brought by government authorities. Civil wrongful death suits are focused on compensating those impacted by the accident for their loss. The economic costs of a fatal accident can be very high and a court can award damages to cover these expenses. This can include final medical bills and funeral costs as well as the loss of the victim’s income and the value of any benefit packages carried by the victim. California law recognizes that the loss of unpaid household assistance, including child-rearing, is also a very real economic loss and the value of these services can be included in a wrongful death verdict. Although it is a much harder value to quantify, the court can also award damages for non-economic results of the loss such as the loss of love, companionship, and sexual relations. Where the conduct is especially egregious, a court may also include punitive damages to punish the offender and deter future violations.

Passenger fatalities may raise complex emotions. Where the driver who caused the accident was known to the victim and perhaps to the remaining loved ones as well, the grief of loss can be compounded by a mix of anger and concern for the driver. We appreciate these complexities, having worked with victims for many years. It is important to care for your emotional health and that of your family, addressing both the feelings of loss and the feelings towards the wrongdoer. It is, however, important to remember that legal recovery is your right. It is not selfish. It is not unfair to bring a wrongful death claim against someone your family knows. The losses are real and there is a reason the law provides compensation.

After a loss, please take care of yourself and your loved ones. Please seek any psychological support you may need. Please also protect your legal rights by calling our law firm to discuss your Oakland wrongful death claim.

See Related Blog Posts:
Salon Shootings Result in Civil Lawsuits for Wrongful Death
San Francisco Bay Bridge Accident Sends a Motorcyclist to His Death and Drunk Driver to Jail

On October 5, 2011 California Governor Jerry Brown signed into law Assembly Bill No. 25
which requires that schools with elective sports programs pay closer attention to concussions. The bill exhorts school personnel to sit out players with a suspected concussion. The athletes are not allowed to return to play without written clearance by a licensed medical provider.

The passage of Assembly Bill No. 25 follows the well-covered deaths of high school students Jaquan Waller in September of 2008 and of Ryne Dougherty in October of the same year. Each player died after they were returned to play too soon after suffering a concussion.

Concussions are caused by a sudden blow which moves the brain rapidly inside the skull. The arteries in the brain constrict, reducing blood flow. Concussions slow reaction time and decrease coordination, significantly increasing the chances of a second concussion if an athlete is not allowed to fully recover. A second impact may cause the brain to swell and puts the concussed person at risk for cerebral bleeding and fatal brain stem failure. A second concussion that occurs before the first is healed is known as second impact syndrome.

Symptoms of concussion include dizziness, disorientation, nausea, headaches, cognitive difficulties, and changes in sleep patterns. The majority of concussions are classified as mild and 90% of concussions sufferers do not lose consciousness. Since the common symptoms of concussions are not obviously physical signs, concussions are difficult to identify.

The bill’s requirements aim to protect students eighteen years old and under because they are susceptible to more frequent and more severe concussions than older athletes as their brains are still in the development stage. Concussions may have serious negative effects on students’ academic abilities and on their physical well-being. It is irresponsible of schools to allow students to return to play based on whether they feel well enough, as students desire to play and the pressure to perform causes them to lie about symptoms. Some schools have implemented concussion management programs to determine if a student athlete has suffered a concussion. Initial tests include analytical and memory questions asked of a student who has a suspected concussion, as well as a physical assessment to determine reaction times and coordination.

Schools and families should also be aware that football is not the only sport that has a high risk of concussions. Girls who play soccer actually suffer higher rates of concussion than helmet-bearing football players. Men and women’s lacrosse also see high rates of concussion injuries.

California schools now have a duty by law to immediately take players of elective sports out of the game with suspected brain injuries until a doctor deems them fully recovered. Schools that deviate from this duty and do not identify high risk students and look out for possible concussions are exposing themselves to allegations of negligence and possible lawsuits. Furthermore, coaches or athletic trainers that feel the pressure to return athletes too early to play in key games may stunt the recovery of the athlete and create a liability for the school. For instance in New Jersey, where a similar law exists, La Salle University settled with the family of Preston Plevretes for $7.5 million dollars after he suffered second impact syndrome.

Photo credit: kconnors from morguefile.com

Continue reading "California Concussion Law Takes Effect January 2012, Increasing School Liability" »

While nothing can ever undo the harm caused by child molester, our San Francisco abuse lawyer is always gratified to see justice served and evil punished. The recent sentencing of a San Francisco child molester reminds us that the criminal justice system can work to penalize those who violate the law and the standards of common decency. This case also serves as an opportunity to remind residents that our dual legal system provides both the opportunity to punish offenders and the opportunity for victims to recover monetary damages for the harm done. The wrong cannot be undone but the system can provide compensation to help victims move forward after an egregious harm.

On Sunday, the San Francisco Chronicle reported on the sentencing of a repeat child molester. The investigation against Julius Lewis began in 2006 when a six year-old girl, a friend of Lewis’s daughter, reported that she had been molested by Lewis. In addition to charges related to that victim, the case included charges that Lewis molested his step-daughter beginning in 1989. Some of the acts occurred during the time Lewis lived in Texas and had also served a prison sentence there for indecency with a child. Lewis was convicted in September on five counts of lewd acts with a minor and was sentenced this past Friday to twenty-nine years in prison.

It is important to remember that our judicial system has separate and distinct courts for civil and criminal charges. A conviction in criminal court represents official authorities imposing punishment on a wrongdoer for violating the law. The civil system, in contrast, focuses on redressing the wrong done to a victim. An abuse victim in San Francisco can bring a civil suit regardless of whether criminal charges are successful and even if no criminal case is filed. Criminal convictions can be a huge psychological win for a victim but only a civil suit can help them recover damages for their experience. While no amount of money can undo the acts, it can help the victim access resources to help them recover from the emotional and physical trauma. A civil victory can also allow the victim to feel truly heard.

California law recognizes that child victims may be unable to speak about the abuse while it is ongoing. As such, the law allows victims to file civil child abuse claims until their 26th birthday. The law also recognizes that victims may repress the memory of the abuse, a survival technique of sorts. If a victim recovers the memory of the abuse at a later point, the limitations period can be expanded to allow the claim to be filed within three years of the time the memory surfaces.

The numbers are frightening, especially for parents. Statistics suggest one in four girls and one in six boys will experience sexual abuse prior to their eighteenth birthday. At The Brod Law Firm, we applaud criminal convictions that show that California will not tolerate these horrible crimes. We also urge the adult victims of childhood sexual abuse or the parents of current victims to consider a civil lawsuit. It will not undo the harm, but it can help the victim afford treatment and give them a sense of that their voice has been heard. As an experienced San Francisco victim’s law firm, we can help you pursue justice. We also hope all abuse victims will seek help from a specialized mental health practitioner to assist them in moving forward from the harm.

See Related Blog Posts:
Sacramento Attorney Comments on Finding Justice for Victims as a Pastor Faces Charges of Sexual Abuse of Children
Oakland-San Francisco Elder Abuse Attorney Comments on Rampant Abuse in Group Homes