San Francisco Injury Lawyer Blog

In the United States, we have a serious energy crisis, and natural gas is an important resource, and the cleanest of the fossil fuels. In recent years, exploration methods have enabled natural gas to be released from shale, a sedimentary rock. David Brooks wrote an article for the New York Times, entitled "The Shale Revolution”, reporting that natural gas from shale comprised of approximately 1% of all natural gas supply in the United States in the year 2000. By 2011, the amount of natural gas from shale in our country had reached 30% (though the Association of California Water Agencies suggests the number is 15%). “Fracking”, which I have wrote about in previous blog entries, is a method used to release natural gas from the shale by pumping water and chemicals into the subsurface, in an attempt to release the gas.

There has been no universal determination that the process of fracking is inherently dangerous, however there are instances where contamination can occur, particularly with regards to drinking water supply. The need to obtain precious natural resources must be balanced with the strongest concern for public safety. If your town, municipality, district or city is in a reasonable proximity from where fracking is taking place, and you have experienced water contamination, please do not hesitate to call us. Our attorneys fight for people who have been affected by toxic torts, including water contamination, and the initial consultation is always free.

Spiders, cockroaches, ants, rats, and moths: invasions by household pests induce cringing and exclamatory yelps. Many people want to prevent unwanted encounters with such pests and the destruction they may cause by putting out pesticides meant to deter or kill rodents and bugs. Consumers are driven by costs, effectiveness, and a concern for safety when choosing a pest-control product. The Environmental Protection Agency (EPA) emphasizes the safe use and regulation of poisons and pesticides used in the home.

The Environmental Protection Agency requires all manufacturers of household pesticides to have an EPA registration number on the label. If a product does not have the registration on the label it may be an illegally imported product. Consumers should also be aware that some products are only meant for use by licensed commercial entities. Two illegal products that concern many poison control agencies are the so-called “Miraculous Chalk”, a pesticide originating in China, and “Tres Pasitos” a rat poison originating from Latin America. The insecticide chalk is troublesome because it is a cheap remedy that looks identical to the chalk used on blackboards, yet it is poisonous and poorly labeled. “Tres pasitos” is a made of aldicarb, an extremely toxic pesticide that has deleterious effects on humans through ingestion and even if absorbed through the skin. If handled improperly the products cause symptoms such as stomach pains, vomiting, and convulsions. Business are subject to penalties for each sale of an illegal pesticide.

Consumers should also follow directions on approved products very carefully. For instance, the use of mothballs, usually made of naphthalene, can be dangerous if the not utilized correctly. The National Pesticide Information Center at Oregon State University advises that mothballs should be sealed with clothing in an airtight container. Mothballs left out in the open let off toxic fumes that are potentially dangerous to humans. Moreover, mothballs may appear to be food to children or pets. Ingestion of moth balls by a small child will lead to a scary trip to the emergency room. Furthermore, some mothballs are distributed illegally because the production and labeling of the mothballs were not overseen by the Environmental Protection Agency.

The EPA and its Californian counterparts stress that it is illegal to use pesticides in a way other than specifically directed on the product label. This is especially of concern if a business is hired to apply insecticides to exterminate bugs. Commercial exterminators in California must be licensed by the California Department of Pesticide Regulation (CDPR). Consumers who are concerned with the methods or licensing of a commercial applicator of pesticides may file a complaint with the CDPR. The CDPR will investigate and work with a violating business to improve their procedures or, if necessary, take enforcement action against the business.

Continue reading "California Consumers Should Be Wary About Poisons and Pesticides in the Home" »

Bicycling is a terrific commuting option. It is environmentally friendly, cost-conscious, and provides a terrific fitness benefit. Our San Francisco bicycle accident attorney encourages more Californians to use cycling as a part of their regular commute. However, as a focused personal injury law firm for San Francisco and other Northern California regions, we know that bicycle accidents are a real concern for area cyclists.

One such accident was reported by The San Francisco Chronicle this week. The injured victim, a thirty-nine year old cyclist, was riding on Clement Street, travelling eastbound in the Richmond District of San Francisco just before five P.M. on Tuesday January 31. The rider was struck by a United States Postal Service Truck that was proceeding northbound on 18th Avenue at the time of the crash. A police spokesman noted that the rider was not wearing a helmet, suffered minor head trauma in the accident (earlier police reports suggesting a life-threatening injury have been altered) and was treated at San Francisco General Hospital. According to preliminary investigations, the cyclist had the right of way at the time of the collision and the postal worker failed to come to a full stop prior to entering the intersection.

According to the California Department of Motor Vehicles, over one hundred people are killed in cycling accidents annually in our state, with injured cyclists numbering in the thousands. Drivers should remember to take particular caution when sharing the roadways with bicyclers, but cyclists must also exercise caution when travelling. Bicycles are required to follow all the same rules of the road that govern motor vehicles including stopping for red lights and obeying other traffic signs. Bicycle riders should opt for visible garments, especially if travelling in low-lit conditions. Helmets should be a part of every cyclist’s uniform. Although California law only mandates helmet-wearing for riders under age eighteen, cyclists of all ages should make wearing a well-fitting helmet a standard part of their riding routine.

While we urge bicyclists to exercise caution, we do want accident victims to know that perfection is not a requirement for legal action. It would certainly have been preferable for the victim in Tuesday’s crash to have worn a helmet and this precaution may have limited (or even eliminated entirely) the rider’s injuries. However, the decision to go without a helmet does not mean the rider has no legal claim should the results of the preliminary investigation be sustained and the conclusion that the mail truck driver failed to stop completely be upheld. Instead of barring coverage, the rider’s own fault will be factored into the amount of a legal recovery. For example, a court might conclude the accident and resulting injury was seventy-five percent attributable to the driver’s failure to yield and twenty-five percent due to the failure of the cyclist to wear protective apparel. If the same court found the damages from the accident would normally amount to a verdict of $20,000, the court would discount this amount to account for the cyclist’s own actions and award $15,000 instead. Like other injury matters, legal claims regarding bicycle accidents often settle out of court but this principle will also apply in settlement negotiations.

If you have been injured in a bicycle accident in Northern California, our San Francisco bicycle crash lawyer is here to help. Call to talk with our team and schedule a free consultation to discuss how we can help you protect your legal rights and obtain compensation for your injuries.

See Related Blog Posts:
Cyclist Suffers Life-Threatening Injuries After Being Struck By San Francisco Taxi
How San Francisco Can Make Its Streets Safer For Cyclists

Our Sacramento train accident lawyer was saddened this week to see a local tragedy dominating both Northern California and national headlines. As details of this sad accident emerge, we wanted to take a moment to comment on transit safety and the importance of Sacramento personal injury lawsuits in holding parties responsible for their actions.

The Sacramento Bee reports that regional transit authorities have called Saturday’s accident the worst light-rail incident in the twenty-five year history of the transit system. Louis Leon Williams (age sixty-two), Shante Hope Williams (age twenty-five), and twenty-two month old Damian Antiwon Williams, were killed when a light rail train crashed into their sports-utility vehicle. The accident also injured a fourth occupant of the SUV, fifty-seven year old Demetric Deann Good Williams. The victims were travelling on 26th Avenue in south Sacramento when the Meadowview line train struck the vehicle, flipping the Nissan Pathfinder and pushing it twenty yards. A number of the train’s fifty passengers also suffered injuries in the crash.

Investigators are still examining the accident but it appears that the driver of the SUV attempted to drive around a lowered guardrail. The Bee reports note that this behavior is often the result of driver frustration which can be multiplied where light-rail and freight trains share tracks resulting in increased delays for automobile traffic. This appears to have been a factor in the weekend accident where the gate arms remained lowered for seven and a half minutes as two freight trains passed before the commuter train arrived thirty-seven seconds later, travelling at between fifty and fifty-five miles per hour. It appears that the SUV’s driver assumed the second freight train was the final train and attempted to cross the tracks as the light-rail train arrived at the crossing.

The details of this horrific crash continue to emerge. Sadly, each year brings several Sacramento train collisions with forty-six incidents of a train and car colliding in the period between 2000 and 2011. These accidents caused twenty-three reported injuries and nine deaths. Authorities are considering whether double gate arms might help prevent collisions by blocking a greater swath of roadway. Signage warning of the possibility of multiple trains is also being considered, especially where the driver’s view of the tracks is compromised by soundwalls.

Although fault in this case remains under investigation, the Sacramento personal injury lawyer at The Brod Law Firm knows that legal action can be an important part of positive change. Authorities clearly recognize that more could be done to enhance crossing safety but this knowledge does not always result in action. A properly filed personal injury lawsuit can not only compensate victims but can also spur true change. Knowing that they may be held accountable for dangerous crossing conditions can lead transit authorities to make changes that will prevent future tragedy.

Victims of train accidents should reach out to experienced legal counsel to discuss whether an injury lawsuit may be appropriate. Our team offers a free consultation in which we will examine your case and discuss how a lawsuit can provide needed compensation for the victim and their family. Remember that compensation is a victim’s right and that injury-related lawsuits also serve an important social role by encouraging future precautions that can prevent additional accidents.

See Related Blog Posts:
Oakland Amtrak Train Accident Victims Walk Away With Non-Life-Threatening Injuries
San Francisco Bay Area Caltrain Accident Takes A Life

On January 13, 2012, the National Highway and Traffic Safety Administration announced that KIA Motors America, Inc. noticed a recall on Kia Optima sedans manufactured from September 29, 2005 through January 29, 2008. In addition the company is recalling Kia Rondo vehicles manufactured from September 13, 2006 through March 21, 2008. Both models were manufactured with an air bag clock spring that may become damaged over time. Over 145,000 vehicles are potentially affected by the recall, which starts in March 2012.

An air bag clock spring is named for its coiled shape. It provides an electrical connection between the airbag and the controlling computer. The clock spring sits inside the steering column along side the horn and cruise control. Its coiled shape allows the wiring to make a connection without blocking the steering wheel’s functionality. If the clock spring becomes too worn it will develop a high resistance to electrical current, which could block the signal that activates the air bag. In this case, the driver’s side air bag may not deploy in an emergency situation. If the horn or cruise control on a car is not functioning properly, it is a sign that the clock spring may be damaged and the air bag may also be non-functional.

Kia vehicles owners experienced a flurry of recalls in 2011.The Kia Spectra was recalled in April, 2011 because corroded straps supporting the fuel tank could allow the tank fall to the level of the road. In May, the Kia Sorrento and Kia Soul were recalled for faulty interior lighting which could potentially cause a fire. The Kia Sorrento was also recalled for a second reason- it was susceptible to transmission failure due to a misaligned drive shaft.

A search of customer complaints submitted to the National Highway and Traffic Safety Administration reveals that in addition to the problem with the driver’s side airbag, many consumers submitted complaints about faulty passenger side airbags for multiple Kia models manufactured in 2006-2008. The chief complaint was that the passenger side airbag would not register as active although the car was carrying someone in the passenger seat.

California upholds strict liability for product defects. Therefore, even if a car company took reasonable safety measures to prevent manufacturing defects, it will still be liable for damages caused by any defective products were available to consumers. The California Civil Jury Instructions require 5 factors in order to find that a company is liable for a defective product.

The defendant must have manufactured, distributed, or sold the product. The product must have already contained the defect when it left the company’s possession. Moreover, the plaintiff must be actually harmed by using the product in a way that was foreseeable to the defendant. Finally, the product must be a substantial factor in causing the harm.

Continue reading "Kia Recall Could Affect Bay Area Drivers" »

It seems sometimes like bullying has reached epidemic proportions. As an Oakland bullying victim’s law firm, the Brod Law Firm applauds the efforts to bring attention to this problem. Our Northern California school injury lawyer also favors efforts by local school authorities to crack down on the problem and ensure the safety of our young residents.

The Oakland Times reported last week on efforts by Berkley schools to enact anti-bullying policies. The move comes in response to seven gun-related incidents at Berkley High School last year, one of which involved shots being fired in a school lavatory. In the new policy, bullying is defined as “systematic and chronically inflicting physical hurt or psychological distress” aimed at either students or teachers. Whether online, telephonically, or in person, the policy requires reporting of bullying incidents as well as investigation by school principals but leaves punishment details up to the school’s discretion based on the age of the offender and the severity of the incident. District officials acknowledged that schools owe an obligation to ensure bullying is taken seriously, noting the investigation should include separate interviews for witnesses, victims, and alleged perpetrators. Individual schools will be required to submit an annual report detailing bullying incidents and the school response.

Some statistics suggest that one in seven students were either bullied or involved in bullying during 2010. Other studies put the number even higher and, in the same year, well over half of students reported being witness to at least one bullying event. Bullying fears are a frequent cause of missed school days with BullyingStatistics.org suggesting fifteen percent of absences in 2010 were related to fear of victimization. Bullying can lead to both mental and physical anguish and is a factor in many cases of youth suicide. Parents should be alert to signs that their child is suffering at the hands of a school bully, especially in the middle school years when bullying appears to peak. A victim may show low self-esteem, may isolate themselves from others, and may display increased anger and frustration. Bullying may result in physical harm or may be primarily mental/emotional in nature.

In some cases, legal action may be appropriate where bullying is ongoing and severe. Bullying lawsuits may be aimed at bullies themselves but increasingly also include school officials who failed in their duty to provide a safe learning environment. Depending on the nature of the bullying, claims may also fall under discrimination or hate crime legislation.

If your child is the victim of bullying, it is important to address the issue immediately with the child and with school authorities. If you feel that the school is failing in its obligations, particularly after the bullying has been reported, consider taking legal action to protect your child and to remind school officials of their duties. As an Oakland victim’s rights law firm, we are available to discuss your potential legal remedies. Please call for a free consultation.

See Related Blog Posts:
Seeking Justice After Trauma: Legal Considerations After a Case of Sexual Abuse In an Oakland-area School

Oakland School Threats Reminder of Need for Safe School Environments

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