San Francisco Injury Lawyer Blog

Muni is in the spotlight again, this time over a safety issues—one of which has to do with negligent Muni personnel and the other with Muni’s fleet of low-floor buses. The California Public Utilities commission, the regulatory agency that oversees rail and light-rail transit agencies in the state, noted dozens safety violations in their inspection reports released last week. Many of the violations involved worn tracks, exposed wires, malfunctioning emergency phones and overgrown vegetation along the tracks. There were only a handful of violations which involved human error, such as a train operator who appeared to be sleeping while the train was moving. During another inspection a train operator was seen with a number of newspapers near him, indicating that the operator was, at some point, distracted by the paper during his shift, even though the inspector did not observe the operator reading the papers at the time of the inspection.

Muni is also facing criticism regarding their fleet of environmentally friendly, cheap to maintain, low-floor, hybrid buses. Most Muni riders consider the fleet a success, as they speed up service by allowing passengers to board quickly; however, the disabled and senior community are concerned about low-floor buses due to the fact that they are actually higher off the ground than other buses and don’t “kneel,” which means they are harder to board. Transit activist and former Muni engineer Jerry Cauthen said low-floor buses are crucial in speeding up service in heavily used corridors. Muni Officials estimate that their agency could save $76 million just by ordering more of these buses, which would raise system-wide speeds by 1mph.

Here at the Brod Law Firm, we believe, despite Muni’s need for budget cuts and more efficient service, they should never take their eyes what is most important: safety. If you or a loved one suffered an injury due to Muni’s negligence, please contact our firm. We have over 10 years experience helping people who have been injured in accidents involving Muni.

Toyota is recalling another 2.17 million vehicles to fix problems that could cause their accelerator pedals to become stuck, yet another setback in its efforts to gain ground from the bad press that surrounded them last year. Toyota initiated two new recalls covering about 769,000 sport utility vehicles and 20,000 Lexus sedans, and added almost 1.4 million more vehicles to its November 2009 recall related to what Toyota called “floor mat entrapment.” Since 2009, Toyota has recalled more than 14 million vehicles globally, a majority of which are connected to the floor-mat issue or a defect in the design of the accelerator pedal. The affected models are the 2004-6 Toyota highlander ;the 2004-7 Lexus RX; the 2006-7 Lexus GS; the 2003-9 Toyota 4Runner; the 2008-11 Lexus LX 570; and the 2006-10 Toyota Rav4.

According to The New York Times, Federal regulators said the announcement concluded their investigation into whether Toyota had recalled enough vehicles. The National Highway Traffic Safety Administration reviewed more than 400,000 pages of Toyota documents to determine whether the scope of it recalls for pedal entrapment was sufficient. After the review, Toyota was asked to recall the addition vehicles. The news came a few weeks after the agency concluded that it could not find flaws in the electronics system to explain reports of sudden acceleration, as some critics and lawyers suing the company have asserted. The safety agency forced Toyota to pay $48.8 million in three separate fines for waiting too long to announce the sudden-acceleration recalls and an unrelated 2005 recall. Each of the fines was the maximum allowed by law. Owners of recalled vehicles will receive notice both informing them of the problems and inviting them to have a dealer perform an inspection. Detailed information and answers to questions are available to consumers at www.toyota.com/recall or www.lexus.com/recall .
If you or a loved one suffered an injury due to the use of a defective product, or if you have questions regarding a potential claim, please contact our firm.

According sfexaminer.com, Presidio Boulevard was closed Tuesday afternoon after an SUV struck and severely injured a pedestrian. The elderly driver says he wasn’t paying attention when he struck a woman in the crosswalk at the intersection of Park Presidio and Anza Street around 2:30pm. Officer Eric Chiang said that a 92-year-old driver in an SUV was attempting to make a left turn from Anza boulevard to Park Presidio to head south when he struck the pedestrian. The injured woman is estimated to be in her 50s, and her injuries are life-threatening.
A report put out by the National Highway Traffic Safety Administration (NHTSA) underlines the fact that many collisions occur, like in the case above, due to driver inattention, meaning the driver looked away from the forward roadway. Driver inattention is broadly defined as any point in time that a driver engages in a secondary task, exhibits symptoms of moderate to severe drowsiness, or looks away from the forward roadway. The categories of driver inattention are operationally defined as follows:
Secondary task distraction—driver behavior that diverts the driver’s attention away from the driving task. This may include talking/listening to hand-held device, eating, talking to a passenger, etc.
Driving–related inattention to the forward roadway—driver behavior that is directly related to the driving task but diverts driver’s attention away from the forward field of view. This includes reductionist observing drivers checking the speedometer, checking blind spots, observing adjacent traffic prior to or during a lane change looking for a parking spot, and checking mirrors.
Drowsiness—driver behavior that includes eye closures, minimal body/eye movements, and repeated yawning.
Non-specific eyeglance away from the forward roadway—driver behavior that includes a moment when the driver glances, usually momentarily, away from the roadway, but at no discernable object, person, or unknown location.
Here at the Brod Law Firm we have over 10 years experience helping people who were injured due to driver inattention. If you or a loved one suffered an injury due to driver inattention or have questions regarding a potential claim, please contact our firm.

According to the associated press, a recent report written by a group of doctors warns that popular energy drinks are being overused and have not been adequately studied. The report has established that the beverages are considered dangerous to children and teenagers because the caffeine and other energy ingredients can lead to adverse affects the body, such as heart palpitations, seizures, strokes or even death. The drinks can also lead to shaky feelings and cause diarrhea and nausea. This information has lead doctors to conclude that safe limits need to be established for children, adolescents, and young adults and that the drinks should be regulated in the same way that tobacco, prescription drugs, and alcohol are regulated. The report coincides with a current crackdown on energy drinks, as the FDA has issued warning letters to manufacturers and the drinks have been banned in several states due to alcohol overdoses.

Energy drinks were introduced over 20 years ago and have been the fasted growing drink on the market. This year’s sales are expected to top $9 billion. About one third of teens and young adults regularly consume energy drinks. Anyone with diabetes, heart disease, or high blood pressure might want to stop and think before drinking an energy drink. Because the ingredients have not been studied enough and are not regulated, it is unclear which groups of people will experience negative side effects from a particular ingredient in these beverages. When companies market energy drinks to children and young adults but fail to properly address the dangers, they risk placing themselves at the center of a product liability lawsuit. To learn about what you can if you have experienced harm or illness from dangerous or defective products, contact our firm for a free consultation. We are able to explain your legal rights and options and evaluate whether or not you may be able to bring an action for a product liability and recover damages.

A week ago today a 57-year-old man from Pacifica was killed when a driver who was speeding and running multiple red lights plowed into his car on Geary Boulevard on Thursday, according sfexaminer.com. Leonid Stoliarov died on impact around 2:15 a.m. at the intersection of Arguello Boulevard. Frank Mabry, 31, of Walnut Creek was arrested in the crash. He was booked on Felony vehicular manslaughter, misdemeanor speeding, misdemeanor unlicensed driving and two counts of running a red light. According to reports, witnesses to the accident, including a Muni driver, rushed to the victim’s assistance but were unable to revive him. Before the collision, witnesses saw the driver speeding eastbound on Geary Boulevard in an Audi. He ran multiple red lights, including one at the intersection of Arguello Boulevard. The victim’s car was t-boned on the driver’s side as it crossed Arguello. Police are trying to determine whether Mabry was drunk or on drugs at the time of the accident.

Sadly, driving under the influence of alcohol has become one of the common features and causes of accidents today. According to the NHTSA, alcohol related motor vehicle accidents kill someone every 31 minutes and injure someone every two minutes in US alone. Each year, crashes related to alcohol ingestion in the United States cost about $73 billion. The ratio of lethal accidents in that are alcohol-related is roughly four times greater at night than during the day. Any driver who likes to drink should keep in mind the legal limit is .10% and that the effect of alcohol absorption is gradual and depends upon the rate at which one becomes drunk. What is more, if a person drinks faster than the alcohol can be eliminated, the more it accumulates in the body, which results n higher and increased levels of alcohol in the blood. In other words, it doesn’t take a lot of alcohol or time for a person to become intoxicated.
If you or a loved one suffered an injury due to an accident caused by a driver who was under the influence, feel free to contact our office today for a free consultation. We have the expertise and astute legal skills to get you the compensation you deserve.

Today, ktvu.com reported that the return of rain to the Bay Area yesterday kicked off a week of projected stormy weather with problems on roads across the region, particularly in Sonoma County where the California Highway Patrol responded to dozens of accidents. One CHP officer described the driving conditions as “crazy” as he explained how officers raced from one emergency call to the next all day yesterday. They responded to more than 40 crashes across Sonoma County during yesterday’s storm. One of the worst accidents left two people seriously hurt in a head-on crash on highway 121, and the CHP shut down the highway for about an hour while the wreckage was cleared. The CHP attribute the combination of rain and high speed as the cause of the accidents, as well as the fact that people forget they need to slow down and give extra space between them and the car in front of them when it rains. In fact, one driver, a 16-year-old girl-landed in a creek on Bodega Highway and suffered minor injuries. Another driver, a 70-year-old man, suffered minor injurs after he crossed into oncoming traffic and collided with another car on state Highway 116. The driver, who was allegedly under the influence of prescription medication was arrested on suspicion of DUI. Yet another driver escaped injury after his Toyota rolled over and landed on its top.

It is true that motorists have a dont's feel safe while in the rain and wind and seem to be out of control while driving in a storm. Gusty winds and rain do make driving tricky—wind causes drivers to feel they have less control over their steering and rain causes motorists to hydroplain—and both circumstances create a greater risk for accidents. Motorists better get used to hazardous driving conditions, though, as meteorologists have projected a couple of wet weeks for the Bay Area, as a string of cold winter storms coming through the Gulf of Alaska are heading for Northern California. The strongest system will move through the area today.

If you or a loved suffered an injury due to an car accident on wet Bay Area roads, please contact our office for a free consultation. We have over 10 years experience working with victims of car accidents, and we are happy to answer any questions you may have regarding a claim.

It is ironic—and appalling-- that a runner collapsed and died near the finish line of the San Francisco Half Marathon sponsored by a health care provider—Kaiser Permanante—last weekend. According to the SFGate.com, bystanders and race participants desperately tried to revive him as they waited 20 minutes for the paramedics to arrive. There is no excuse why Kaiser Permanente and RhodyCo Productions, the company that produced the race, did not have a doctor on site or ambulance waiting at the finish line for an event of that size and with that number staff, as even the smallest events have at least one ambulance waiting at the finish line. Their lack of medical emergency support and preparation demonstrates negligence and their inability to safely put on an event that size. Conflicting reports have been made by the event coordinators and witnesses regarding what happened that day.
Rody of RhodyCo has stated that there was medical staff based at two tents near the finish line and tried to to help Hass within five minutes of his collapse. He did acknowledge that the event’s only hired ambulance had been diverted to another part of the course to help another runner. Witnesses have said that after the paramedics were called, a crew drove by and then returned later because they were given three different, incorrect locations. Witnesses have also stated that no one person identified themselves as being part of the event medical team at any point, there were no medical personnel or equipment at the finish line.
Here at the Brod Law Firm we see this is a hard lesson for everyone, including the city of San Francisco. The city needs to review their policy and procedures, and perhaps change the them and require a backup ambulance. Also they should create designated routes for additional ambulance to quickly get to part of the race course next time. It seems that the closed road situation had a serious affect on the situation. Also marathon organizers should consider that fact that having an automatic external defibrillator AED at the finish line can very well help save a life in case there is not an ambulance crew available. The truth is we don’t know if an ambulance or doctor could have saved him had they been there at the time he collapsed, but we can say for certain that the time it took to get life saving equipment and medical transportation to him did decided his fate.

Police in San Francisco have a new entity, a type of watchdog/public eye, to contend with: The Bike Accident Tracker App. According to baycitizen.org—the creators of the app-- police will write an accident report only if an ambulance is called. As you can imagine, a lot of reports go unwritten because many victims don’t have health insurance and can't afford a trip in an ambulance. Some injured victims will resort to picking themselves off the pavement, getting the driver’s information themselves, and finding their own way to the emergency room. Then they will go to a police station to file a report, at which point the police may not write one and will only give a case number. In order to get a full picture of bike collisions, baycitizen.org has engineered the Bike Accident Tracker App to allow cyclists or motorists to submit their own crash data. Their hope is that this, combined with statistics from the police, will provide a better idea of where and why crashes are taking place.

Since launching the Bike Accident Tracker, they’ve received about 30 reports, and they’re adding them to the map. The self reported accidents are all different. For example, one woman got caught on the F-Line tracks while turning left onto Valencia Street form Market Street. In another incident, a man trying to cross Geary Boulevard was doored by the passenger of a car that decided to stop in the intersection. Just as in other cases, the police refused to take a report of these cyclists because they did not want to go the hospital. Since police reports are used for insurance purposes, they are key component in the filing a claim and the foundation of a demand for compensation. Here at the Brod Law Firm, we think all cyclists should be treated fairly after they are injured in an accident and that no cyclist should have to choose between having a report written and taking their injured selves to the emergency room. For over 10 years we have been fighting for the cyclists from all bay area cities. Whether you suffered an injury here in San Francisco or in Walnut Creek, we have the ability and experience to help you get the compensation you deserve.

A recent class action against Dial argues that there are no reliable studies showing that Tricloasn--the active ingredient in Dial Complete--provides any of the results allegedlly promised by Dial or that it provides a benefit over washing with regular soap and water. Sadly, it is often the case that a company will use misleading and even illegal marketing claims, such as “kills bacteria,” “fights germs,” protection against mold,” “odor-fighting” or “keeps food fresher, longer” and potentially endanger the health of unsuspecting shoppers in order to make a profit. An extensive report put out by the Environmental Working Grouphas revealed how harmful Triclosan is to humans. In addition, the report found that the addition of Triclosan to home-use products, which is usually added in indiscriminate amounts, is unnecessary, does not appear to provide any additional protection form infection, and may breed Triclosan-resistant super germs. It turns out, people are exposed to the chemical more than they know, as it is in antibacterial soaps, dishwashing detergents, and body care products including toothpaste and deodorant. The American Medical Association recommends against using Triclosan in the home because it may encourage bacterial resistance to antibiotics. An advisory committee to the Federal Food and Drug Administration has found that household use of antibacterial products provides no benefits over plain soap and water

Triclosan has been linked to liver and inhalation toxicity. Low levels of Triclosan may disrupt thyroid function. Wastewater treatment does not remove all of the chemical. Triclosan ends up in lakes, rivers and water sources. Studies have linked Triclosan to cancer and developmental defects. Triclosan tends to bioaccumulate, meaning it becomes more concentrated in the fatty tissues of humans and other animals. As a result, this chemical has been detected in human breast milk, and in blood samples as well. Higher levels of Triclosan in blood and breast milk are linked to use of body care products containing Triclosan. A recent lab study found the chemical to exert both estrogenic and androgenic effects on human breast cancer cells. The daily household use of Triclosan may alter a developing body’s natural microbial community following chronic exposure to the chemical and cause immune system abnormalities.

If you have been harmed by a product due to false claims made by the company that manufactured and sold it, please contact our firm today. We have over 10 years experience fighting for victims of unsafe products and will win you the compensation you deserve.

According to SFAppeal.com, six people were injured at around 2am on Sunday Morning after a taxi cab and limousine collided in an intersection near Nob Hill. After they collided, the limousine struck and shattered the bottom sleeve of a nearby light post. Two pedestrians were hit with the debris. Four victims were transported to San Francisco General Hospital and two victims were transported to St. Francisco Memorial Hospital—all were diagnosed with non-life threatening injuries. At the moment, it is unknown how many of the victims were passengers, drivers or pedestrians. Witnesses have reported that the collision may have been the result of one of the vehicles running a red light.

Sadly, accidents like this are not surprising. Taxi drivers in san Francisco are notorious for driving over the speed limit, pushing the time allowed to cross at a yellow light, changing lanes without checking over their shoulder—and generally placing passengers in danger. On the flip side of that is the unfortunate fact that passengers don’t always think top buckle up, nor are they encouraged by drivers to do so. The combination of all these factors makes for a disaster in waiting.

Despite taxi driver reputation, San Francisco taxi companies are common carriers, which means they are under obligation to provide a certain standard of care, what is referred to as “the highest duty of care.” As a passenger, you want any taxi you use to abide by this and adhere to this standard, since any time you get into a taxi, or any motorvehicle, there is the potential for an accident to happen. Taxis must be in safe and in good working order, and seat belts must properly function. Drivers of taxis must be familiar with city streets, obey all speed limits, and comply with right of way and traffic light rules. As for limousines, most people don’t know that limousines are not officially licensed taxis. They may or may not have insurance. You can tell when a limo is licensed and compliant with Public Utilities Commission Insurance requirements, as they will have a “TCP” number on the front and rear bumpers.

The most important thing to do after a taxi cab or limousine accident is to not sign anything, as you may be tricked into signing release of liability. If you or a loved one suffered an injury due taxi driver negligence, contact our firm and have our attorney look over your documents. We have over 10 years experience helping victims of taxi cab accidents, and we can help you receive the compensation you deserve.

According to SFGate.com, a class action lawsuit has been filed in California by two Safeway shoppers, Dee Hensley-Maclean of Montana and Jennifer Rosen of San Francisco, with the aid of the Center for Science in the Public Interest. The lawsuit says that Safeway failed to notify its regular customers about a Salmonella recall, even though it had the tools to do so through its Safeway Club Card program. Safeway is claiming that it is not always possible to reach shoppers via its loyalty program, although it says it attempts to do so in other ways, such as posting recall information on its website, complying with legal and regulatory requirements regarding food recalls, and sending out press releases.

Hensley-Maclean said she bought peanut butter crackers and Nutter Butter sandwich cookies that had been recalled because of Salmonella contamination. Rosen said she bought eggs that had been recalled ude Salmonella-contaminated eggs, though no one in her family became ill. Both plaintiffs argue that they and others who bought recalled food should be refunded the price of those purchases and that Safeway should commit to using its Club Card program to contact consumers about future recalls. Rosen is upset mostly because she has two small children who could have become sick, or perhaps died, had they consumed contaminated eggs.

When a Safeway shopper fills out an application for a club card, they are asked to fill out their name, address, telephone number and email address so they can be notified of store promotions. Then that information goes into a database that the company uses to analyze customer shopping habits. Here at the Brod Law Firm we believe that if Safeway can use club member information to notify them about special deals in order to boost sales, then they should do the same by notifying customers about recalls in order to boost consumer confidence and loyalty. This lawsuit is not about people becoming sick or injured due to eating contaminated food, it is about asking Safeway to take off its corporate tinted glasses, take a look at the bigger picture, and do what is right by the consumer.

Plavix, a popular drug used to prevent blood clots in people at risk for a heart attack, has been linked to some serious side effects, including bleeding. According to its label, Plavix can lead to gastrointestinal and cerebral hemorrhaging, bleeding of the eye (conjunctival, ocular, retinal) bleeding, musculosketal bleeding, fatal intracranial bleeding, respiratory tract bleeding, and skin bleeding. It turns out that bleeding, including life-threatening and fatal bleeding, is the most commonly reported side effect. For some time now, Plavix, prescribed along with asprin, was thought to cause less bleeding than the alternative blood thinner drug Warfarin. However, a recent study conducted by the U.S. Centers for Disease Control (CDC) found the risk of hemorrhaging among Plavix-asprin users significantly higher than thought, although still less than Wararfin risks. Yet the number bleeding related emergency room visits were similar for users of both drugs.

What does all this mean? Well, it means that patients and doctors should be aware of the risks involved with the use of Plavix, that doctors should inform their patients that Plavix could cause them to bleed more easily, that it could take longer than usually to stop bleeding, and that patients should report any unanticipated, prolonged or excessive bleeding. Bleeding and other adverse side effects from taking Plavix can have potentially life-threatening consequences. If you have taken or are currently taking Plavix, you may wish to consult with your physician to discuss possible alternatives, especially if you have had a recent surgery or trauma.

If you or a loved on suffered injuries due to the use Plavix or any other medication, please contact our firm. If you have questions regarding your options or have questions regarding defective products/product liability law, we are available to talk with you about your legal rights. We have over 10 years experience helping victims of defective products receive the compensation they deserve.

Last Saturday a train hit a truck in Watsonville at Kirby and Elkhorn road just after 1pm. The engineer did try to apply the emergency system to bring the train to a stop, but there was not enough time to do so. The train ended up hitting the truck at approximately 50 miles per hour. Both people in the pick-up died at the scene. Nobody on the train was hurt. The specific cause of the collision is still under investigation, but CHP said the driver wasn’t speeding and doesn’t believe she was under the influence.

According to the Federal Railroad Administration Office of Safety Analysis (FRAOSA), Highway-rail and trespassing incidents account for 95.46% of all fatalities, and highway-rail incidents represent 17.73% of all reported events. As defined by the FRAOSA, a highway-rail incident is any impact between a rail and a highway user at a crossing site, regardless of severity and includes motor vehicles and other highway/roadway/sidewalk users at both public and private crossings. In 2010, there were 1817 incidents, 245 fatalities and 751 nonfatal incidents at crossings, and 428 fatalities and 351 incidents at non-crossings.

Here at the Brod Law Firm, we are usually surprised by reports of train-crossing accidents, as it is hard to comprehend how a train could sneak up on someone. However train accidents, such as the one that happened over the weekend, and the above statistics prove that they happen more than one would think, which underlies the need for learning life-saving practices to help avoid a collision with a train. The following are a few safety tips to keep in mind the next time you approach a railroad crossing:
• Never drive around a crossing gate that is down
• If you drive into the crossing and the gate behind you comes down, keep driving, even if that means you have to break the crossing gate in front of you.
• Remember that any time is train time.
• Always listen and look both ways twice at a crossing.
• It is your responsibility to avoid a train since it can not avoid you
• Don’t be fooled by train distance--a train is always moving faster and is much closer than you think.
If you or someone you love suffered injuries due to a collision with train, contact our firm. We have over ten years experience helping victims of train accidents receive the compensation they deserve.