Street Racing in the Headlines
Recent headlines from across the country have provided a grim reminder of the dangers of street racing. On April 30, as detailed by KABC, a pair of crashes involving eight cars and one bicycle occurred in South Los Angeles. Reports suggest that two cars had been racing when both were involved in nearly simultaneous collisions. The fiery crash claimed the life of one man, Jose Cuevas, a driver who had not been involved in the racing itself.

ABC News also reported on a particularly disturbing incident that occurred on a highway near Atlanta on May 10. According to Georgia State Patrol officials, a woman had her young child onboard when she took part in a race. She lost control of her vehicle, colliding with a guardrail before being hit by a pickup truck. The 7 month-old child and a 19 year-old passenger died in the accident. The truck’s occupants also suffered injuries.

Statistics and Studies
Statistics on street racing accidents are difficult to find, likely because drivers don’t want to admit involvement. Additionally, as noted in a report published last fall in USA Today, the National Highway Traffic Safety Administration (“NHTSA”) recently changed their parameters for reporting on street racing. NHTSA data shows that 153 people died in 122 racing-related collisions in the U.S. from 2001 to 2010. This statistic only includes incidents where at least one driver was charged with illegal racing. Previously, the agency used a broader definition that (more accurately) included all crashes where investigators concluded that racing was involved. Under that framework, 1,047 people died in racing incidents from 2001 to 2008.

One of the few studies focused on racing appeared in the journal Injury Prevention in 2004, a piece titled “The fast and the fatal: street racing fatal crashes in the United States.” The authors found that, while fatal accidents in general are spread fairly evenly throughout the day, fatal street racing accidents occurred most often in the late evening and early morning hours. Street racing deaths were also five times more likely to occur in urban regions compared to other fatal accidents. Perhaps the most interesting statistic is that fatal street racing crashes were less likely than other deadly incidents to occur on roads with speed limits over 65mph, yet they were six times more likely to actually involve speeds above 65mph.

Protecting Street Racing Victims
The Injury Prevention study, which notably only looked at deadly crashes and not those involving non-fatal injuries, concludes that street racing is a factor in only a small percentage of life-ending crashes. While this may be true, it does not change another underlying truth -- street racing is dangerous and deadly. It is also, by all accounts and by anecdotal evidence, a threat on the rise. Street racing deaths are tinged with an extra element of tragedy because they are completely avoidable. Accidents are an unfortunate reality, but it is hard to label street racing crashes true accidents when they stem from a knowing and blatant disregard for safety.

If you or someone you love has been the victim of street racing accident in San Francisco, Sacramento, or elsewhere in Northern California, we can help. Please call to arrange a free consultation with our Northern California street racing injury attorney.

See Related Blog Posts:
Witnesses to a Horrific Accident Scene Report Reckless Driving as the Cause

Speeding: An All-Too-Common Threat to Roadway Safety

California’s Criminal Elder Abuse Law
Criminal elder abuse cases in California are prosecuted as violations of Penal Code 368. The statute provides that it is a felony when someone: 1) Knows or should know that the person is elderly or dependent, 2) Under circumstances likely to lead to death or grave bodily harm; 3) Willfully causes or allows another to cause the person to suffer injury, unjustifiable physical pain or mental suffering. Misdemeanor level elder abuse is similar except for prong (2), with the lesser offense triggered by circumstances likely to endanger the victim’s life or health but that do not threaten death or great bodily harm. Other portions of the statute focus more directly on financial abuse, creating a special crime when financial abuse threatens an elderly or dependent individual. Either willful or “criminally negligent” behavior can trigger a violation, with the latter involving a substantial deviation from ordinary care. For these crimes, “elderly” means someone aged 65 or older. A “dependent adult” is defined as someone between the ages of 18 and 64 whose physical or mental limitations restrict the ability to perform normal functions and protect his or her own rights.

Penalties for criminal elder abuse in California vary based on the age of the victim, the relationship between the offender and victim (which establishes a duty of care), and the specific conduct involved. Misdemeanor violations could result in penalties including mandatory counseling, a fine up to $6,000, and up to one year in jail. Felony violations can result in fines up to $10,000 and two to four years in jail, with the potential for an additional three to seven years if the abuse causes death or great bodily harm.

Defendants facing a charge of elder abuse may try to raise a number of defenses, including claiming any injury was an accident, the claim is the result of a false accusation, or that there was a case of mistaken identity. Additionally, since the burden of proof rests on the state, a defendant can simply suggest that there is insufficient evidence. Like other criminal charges, a criminal elder abuse claim must be proven beyond a reasonable doubt (a much higher standard than required in civil cases).

Representing Elder Abuse Victims in California’s Civil Courts
Elder abuse is a serious matter. As advocates for California’s elderly, we are glad to see that authorities at all levels of government are beginning to take these claims more seriously and to devote specialized resources to the prosecution of elder abuse claims. Likewise, we devote substantial time and energy to staying up-to-date on elder law issues so that we can provide the best possible representation to Northern California elder abuse victims in civil court. We welcome calls from anyone who believes that they or a loved one has been a victim of elder abuse and offer a free consultation to discuss filing civil claims and provide a general overview of the legal process in such matters. We serve clients in San Francisco, Oakland, Berkeley, Richmond, Sacramento, and all surrounding areas.

See Related Blog Posts:
Identifying the Many Forms of Elder Abuse

California Enacts New Law Expanding Mandatory Reporting of Elder Abuse

Two Passenger Trains Collide in New York Area, Injuring More than Seventy
Along with news outlets across the country, The San Francisco Chronicle is reporting on the collision of two commuter trains on Friday that left about seventy people in the hospital. The crash involved trains on the Metro-North Railroad in the northern New York City suburbs. At about 6:10 P.M., a train travelling east from Grand Central Station in New York City to New Haven derailed near Bridgeport, Connecticut. A second train, travelling west, collided with the first, derailing some of its own cars. At least two hospitals, St. Vincent Medical Center and Bridgeport Hospital, treated people injured in the crash. Most of the injuries were not serious, but at least three patients arrived in critical condition. Both the train cars and the track suffered extensive damage and delays were expected to last through the weekend.

A National Transportation Safety Board is set to survey the site, which has been described by railroad officials as a “major derailment.” In the immediate aftermath, investigators could not say what caused the initial derailment. Trains had already been down to two tracks due to repair work, but alternative
routes were not available.

The NTSB’s Investigatory Role in Train Crashes
In 1967, the federal government established the National Transportation Safety Board (“NTSB”) in order to investigate aviation accidents and incidents in other forms of transportation, including rail. As laid forth in a webpage dedicated to the investigative process, an essential part of the NTSB response process is the “Go Team.” This team is organized to begin the process of investigating a major accident, working quickly to examine the scene and apply technical expertise to complicated safety questions. Team members are on-call 24 hours a day and report to an Investigator-in-Charge who takes responsibility for a defined portion of the investigation. Railroad investigations include signal experts, track engineers, and locomotive engineers

As the investigation unfolds, the NTSB may designate organizations as parties in the investigation to provide technical or other specialized expertise. Over time, the Board will prepare a report on the accident which, along with the parties’ own findings and recommendations, will become part of the final public docket.

A Focus on the Victim
Train accidents and other mass transit incidents give rise to complex, large-scale investigations. As a law firm for train accident victims in San Francisco and throughout Northern California, we help individual victims move forward from these tragedies. Even in class actions, we never lose sight of the individuals who trust us to represent them. We look at both the cause of the accident, a large-scale question, and the effect, the way it alters the lives of the victims, a more individualized inquiry. If you or a loved one has been impacted by a Northern California train accident or another mass transit tragedy, please call to discuss how we can help you.

See Related Blog Posts:
Limo Fire Tragedy and California Common Carrier Law

Two Sacramento Train Accidents, Just a Few Miles and a Few Hours Apart

(Photo by Diego Torres Silvestre)

Federal Court Cites Evidentiary Principles in Finding Park Service Negligent in Child’s Death
As reported in the San Francisco Chronicle, a federal judge issued a ruling on Tuesday that penalizes government officials for destroying evidence and finds the National Park Service negligent in the death of a boy from Red Bluff. In July 2009, the Botell family was visiting Lassen Volcanic National Park and paused for a photo with 9 year-old Tommy and 13 year-old Katrina seated on a concrete trailside wall. The wall gave way beneath the siblings, crushing Tommy’s skull and leaving Katrina with a fractured jaw and head injuries. Tommy died as a result of the injuries.

The Botell family brought suit against the government. Although they uncovered documents and witnesses who supported their claim that the Park Service knew the wall was dangerous, the family’s lawyers could not examine the remains of the wall because it had already been destroyed pursuant to the park superintendent’s orders. U. S. Magistrate Gregory Hollows found that Park Service policy required the wall be preserved and that staff had also willfully destroyed documents about the wall’s condition. This week, U.S. District Judge Troy Nunley upheld these findings. In doing so, the Sacramento-based Judge also found the government had forfeited the right to deny that it was negligent in Tyler’s death.

While this is a major ruling, it does not resolve the Butell’s case. A future hearing will examine the government’s claim that the Park Service is immune from suit.

An Overview of Spoliation & Its Role in Protecting the Truth
Spoliation is the legal term for the intentional destruction or alteration of evidence that makes the evidence unusable of otherwise invalid. At one time, California had a specific legal claim for spoliation but that has been eliminated in favor of an evidentiary rule. State and federal courts operate under distinct but often similar evidentiary rules. These principles are spelled out in the Federal Rules of Evidence, the California Evidence Code, and in the Rules of Civil Procedure for the state and federal courts. Both court systems provide sanctions for the failure of a party to comply with discovery obligations. The severity of the sanction varies. In some cases, the court will apply a “spoliation inference” and assume that the evidence was unfavorable to the destroying party. This concept can also be found in the California Civil Jury Instructions, which provide: “You may consider whether one party intentionally concealed or destroyed evidence. If you decide that a party did so, you may decide that the evidence would have been unfavorable to that party.” California’s Supreme Court allows trial courts to vary this instruction to fit the circumstances of the case, making the sanction fit the conduct and imposing less severe sanctions where warranted.

The rules of evidence can be complex and an understanding of these principles is one of the reasons victims should always hire an experienced Northern California personal injury attorney when resolving a claim. While the spoliation rules can be harsh, they recognize that justice requires accurate, unaltered evidence. This is why one of the first steps we often take when instituting a personal injury or wrongful death action is sending a letter to the other side directing them to preserve all evidence relating to the case. This letter helps ensure that the spoliation inference will operate if the opposing party intentionally destroys evidence. It also helps establish the fact that our team is committed to seeking justice for our client and will use the substantive and procedural laws to ensure our clients get the monetary damages they deserve.

See Related Blog Posts:
Do You Need to Document Your Accident With a Police Report?

Sacramento Nursing Home Neglect Hidden By Falsified Records

(Photo by Brian Turner)

Independent livingfacilities can be a great option when a senior simply needs a little bit of added security. In these locations, the residents take care of the majority of their own daily needs. Offerings vary, but these facilities can provide a living community and may include assistance with cleaning, cooking, or home maintenance.

Assisted living is an intermediate level of care that falls between that offered in independent living and nursing home facilities. Residents generally live in their own housing unit, but they receive more assistance with daily living tasks such as bathing and meal preparation. Assisted living facilities may also monitor ongoing health issues, oversee medications, and provide transportation to and from medical appointments. Some assisted living communities monitor residents with memory issues and those in earlier stages of Alzheimer’s.

Nursing home care becomes appropriate when an individual needs more round-the-clock care. There are several subsets of nursing home care. Skilled care settings involved daily care overseen by a physician and carried out by nurses, including daily treatment from therapists and rehabilitative therapists. Intermediate care also involves physician oversight and trained nursing staff but does not include daily therapeutic treatments. Custodial care, considered the lowest level of nursing home care, focuses on the active assistance with the basic tasks of daily living (i.e. bathing, dressing, eating, using the bathroom) with the majority of care provided by aides rather than professional nurses.

Choosing the appropriate level of care is not a one-time event. It is important to periodically reassess the needs of each individual. These decisions should be a team effort including the aging individual, family members, and medical professionals.

Preventing Elder Abuse: A Community Effort
While we often use the term “nursing home abuse,” it is important to remember that abuse and neglect can occur in any setting. Elder abuse can even occur in a private home environment and can involve family members as well paid caregivers. Abuse can be physical, emotional, sexual, or financial. Neglect is also a serious matter and one that can be life-threatening. Actively preventing abuse and bringing an end to ongoing mistreatment is an effort that requires the participation of the entire community.

If you believe an elderly person is being mistreated, you should seek help. Although it is more than a decade old, “A Citizen’s Guide to Preventing and Reporting Elder Abuse” is a useful resource for concerned community members. The National Center on Elder Abuse also provides a wide-range of information.

Our office is also prepared to help the victims of elder abuse in Northern California with their legal rights. Attorney Greg Brod serves as an elder care lawyer for Sacramento, San Francisco, Oakland, and the surrounding Northern California communities. Call to schedule a free consultation.

See Related Blog Posts:
Danger Lurking Behind a Homey Exterior: Felony Charges Filed Against Operator of Non-Medical Senior Care Facility

Study Finds For-Profit Nursing Homes and Other Healthcare Facilities Place Money Above Care

(Photo by Jonas Boni)

Statistics on Construction Zone Accidents
Construction zones can be dangerous for both workers and the motorists who pass through road construction areas. According to statistics presented by the Federal Highway Administration ("FHWA"), there were a total of 87,606 work zone crashes in 2010, with 30% of these crashes involving some form of injury. There were 514 fatal work zone motor vehicle crashes in 2010, causing a total of 576 deaths. This translated into one vehicle-related work zone fatality every 15 hours. A 2008 study found that speeding was a factor in 31% of fatal work zone accidents, alcohol a factor in 20%, and lack of seatbelt use played a role in 53% of work zone vehicle fatalities. In the same study, 41% of the fatal incidents were rear-end collisions (compared to only 16% of all fatal accidents). A Center for Disease Control report notes that the highest number of fatal work zone accidents for 2009 occurred in Texas, Florida, and California.

Safety Precautions for Construction Zones
Taking extra precautions can improve the safety of construction work zones for both workers and commuters. Drivers should always obey posted speed limits and watch for temporary signs alerting drivers to changing conditions. Drivers should pay special attention to locations where traffic merges, avoiding last-minute lane changes while watching for less attentive drivers. Overall, attentiveness can be especially important in areas an individual driver frequents, since construction can change what may usually be a routine commute; it is important for drivers to shift out of auto-pilot and be alert to changing conditions. Remember that construction vehicles may be slow-moving, can have significant blind spots, and cannot always respond quickly to changing conditions. Also, keep in mind that the noise of heavy machinery and the use of safety equipment may make it difficult for workers to hear surrounding traffic.

For more information on work zone accidents and work zone safety, see the FHWA’s Work Zone Safety for Drivers brochure. The brochure is from 2003 and mobile phones receive only a passing mention, a fact that brings to mind one more tip: Avoid the temptation to text or hop online when construction leads to “stop and go” conditions or other delays. Failing to stay vigilant and remain attentive can have tragic consequences.

Representing Construction Zone Accident Victims
Construction is a necessity -- failing to perform needed roadwork can lead to dangerous road conditions and our roads need to change with changing use. Exercising caution can help keep construction zones safe. Where another driver failed to exercise due care leading to an accident, our experienced San Francisco work zone accident lawyer can help. We can also help if the construction area was poorly marked, poorly lit, or otherwise unreasonably dangerous. Our firm handles the most serious of cases, including catastrophic injuries and wrongful death matters. Most cases are handled on a contingency basis, meaning you only pay if you recover compensation. An initial consultation is always free.

See Related Blog Posts:
California Personal Injury Law Firm Reminds Drivers to Exercise Special Care in Construction Zones

School Zone Car Accident in Antioch Raises Major Safety Concerns

(Photo by Mark Brannan)

It wouldn’t take too long or too much work in order to find articles of tragic fatalities involving auto collisions and distracted drivers due to cell phone use or even statistics about these types of accidents. Often, the stories tell of how phone conversations are cut off or of phones found indicating a text was being written. The statistics on the frequency of these accidents have been growing, but, it is widely believed that these statistics are seriously underreported. Groups like the National Safety Council and the National Highway Traffic Safety Administration (NHTSA) believe that due to underreporting, the problem of distracted driving is a much bigger problem that numbers would tell and thus makes it more difficult to pass tougher laws. The main procedure to collect data on cell phone usage contributing to an accident is through reporting by a driver, passenger, or witness, concerning use during a crash. Police are usually required to get a subpoena in order to obtain cellphone records and thus a reluctance to admit behavior or lack of witnesses makes it difficult to obtain full information.

The problem of distracted driving is especially pervasive for new young drivers. For drivers who have just recently received their licenses and have little driving experience, the use of cell phones especially impair the main functions necessary to drive safely, including manual, visual and cognitive functions. To answer a call or send a text, drivers must remove one or both hands from the steering wheel, remove their eyes from the road, and can be mentally distracted, thus compromising awareness of the road and focus on driving. The NHTSA reports that the age group with the greatest proportion of distracted drivers is the under 20 age group, with 16% of all under-20 drivers in fatal crashes were reported to have been distracted. According to Pew survey, 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger.

Distracted driving doesn’t simply put the driver and other persons in their car in danger; it also imposes a danger to other drivers and pedestrians. For example, in 2011, a Sonoma State University freshman was texting and driving when she slammed into two-year-old Calli Murry and her mother, Ling, at the corner of Snyder and Medical Center Drive. Calli was killed and Ling, badly injured. The accident shows how a minor distraction can have significant consequences. The use of hand-held devices makes drivers 4 times more likely to get into serious accidents.

The privilege and responsibility of driving is great. All drivers have a responsibility to themselves and their fellow citizens to respect the rules of the road and partake in safe driving procedures, including refraining from using hand-held devices while driving. Our bay area based law firm understands this responsibility and believes drivers should be held accountable when they fail to follow laws, imposing danger to the rest of society. If you or a loved one has been involved in an accident due to distracted driving, we welcome you to contact our firm today for a free consultation. We look forward to working with you.

Sources:
Study Distracted Driving Deaths Underreported
Govenors Highway Safety
CDC: Distracted Driving

Authorities Believe Arson Suspect Motivated by Lease Dispute
A recent headline in the San Francisco Chronicle provided insight into what can happen when a dispute between a landlord and tenant escalates to an extreme. On Monday, fire engulfed a two-story, single-family home in Delmar, Maryland, a town of just over 3,000 residents on the Delaware border. It took approximately 70 firefighters an hour to bring the fire under control and damage estimates are in the $40,000 range. The Office of the State Fire Marshal and the local police have arrested Andy Modeste, age 42, on charges of arson and attempted murder. Authorities believe that Modeste, the property’s owner, set the fire in a crawl space while tenant Eduardo Machado and his family were asleep in the home. The family escaped uninjured. Fire marshal officials have suggested that a lease dispute may have been a key motive in the fire.

Oral vs. Written Leases: California Law and the Protection of Tenants’ Rights
Landlord/tenant disputes are common, although few rise to the level that one imagines must have existed between Modeste and Machado. While state, federal, and local laws include some fundamental protections for both tenants and landlords, a well-crafted lease can help prevent future disputes. California law allows for short-term oral leases that are binding on both parties. Oral leases are presumed to be month-to-month. However, as detailed in a tenant handbook provided by the Department of Consumer Affairs, even oral leases must be followed by a written statement from the landlord containing: 1) the name and address of the landlord or an agent empowered to accept legal notices; 2) contact details for the person who will accept rent; and 3) details on how the rent must be paid (i.e. cash, check, or money order). While other terms may be orally agreed upon and considered legally binding, tenants and landlords should recognize that they will most likely be unable to prove oral terms in court should a dispute arise. For this reason, we would recommend that tenants insist on a written lease even in the case of shorter tenancy periods.

California law does require a written lease when the rental period is one year or longer. The written lease should contain all terms agreed upon by the tenant and landlord including the amount of rent, how often rent must be paid, and the obligations of both parties. Other terms that may be important include rules about pets, details on deposits and other fees, and obligations of both sides relating to repairs and maintenance (see “Ten Terms to Include in Your Lease” authored by Forbes magazine or “Essential Terms for a Lease Agreement” on LawInfo.com). The more you agree to upfront, the less you’ll debate later. A detailed lease will also allow a court to enforce the terms you agreed upon should a dispute arise during, or even after, the lease.

California Tenant’s Law Firm
The Brod Firm represents tenants throughout California. If you are a renter and your landlord has violated the terms of your lease or is in violation of the law, please call our office. Attorney Brod has helped tenants facing eviction issues including wrongful evictions, constructive evictions, and improper owner move-ins. He has also handled cases of tenant harassment, habitability issues, and lease violations. Call to arrange a consultation at one of our Northern California landlord/tenant law offices or a location convenient for you.

See Related Blog Posts:
A Quick Guide to Tenants’ Rights Under the San Francisco Rent Ordinance

An Overview of The Implied Warranty of Habitability Under California Law

(Photo by Flicker User NomMouse)

The incident occurred on the San Mateo Bridge as the party of nine, were making their way to a hotel in Foster City. The driver, Orville Brown of Limo Stop Inc. of San Jose, recalls the passengers tapping on the partition separating him from the passengers. There seems to have been miscommunication however, as Brown mistook what his passengers were saying through the partition window and over loud music that was playing in the vehicle. Urgent knocking finally alerted him to a problem before he pulled over and got out of the car. Several women were able to escape through the partition window and it seems the fire prevented escape through the rear doors.

Cause of Fire
Blaze experts believe that investigators are likely to find the cause of the fire to be a fuel leak, an electrical shortage, or ignition of something flammable in the cabin or trunk. As of right now, road debris does not seem to be a factor and Brown himself suspects the cause was some sort of electric problem. A factor to consider is that limousines purchased an converted into stretch models after their initial sale go through a modification process that extends fuel and electrical lines, giving more opportunity for unintended failures. Another factor is the fact that in 2005, Ford offered a free upgrade to owners of Lincoln Town Cars produced before the yar 2001 after safety advocates said the placement of the gas tank behind the rear axle left it vulnerable to being punctured and exploding in a rear-end crash. In this case however, no accident or crash triggered the fire.

To puzzle investigators even further, the U.S. Fire Administration of the U.S. Department of Homeland Security reports the majority of vehicle fires originate in the engine area, running gear, or wheel after, accounting for 61% of vehicle fire with the leading cause being mechanical failure and electrical wiring insulation problems. Only 4% of fires begin in the trunk or cargo area. It will likely take several weeks before investigators can fully determine the cause of the fire, even as speculation grows from the general public.

Calls for Action
In response to this truly tragic incident, there have been calls for increased limousine regulations and state oversight. This includes mandatory inspections of limousines that carry fewer than 10 passengers. As of now, safety precaution is voluntary for limos carrying 10 or fewer people but the state requires annual inspections from the California Highway Patrol (CHP) for limos carrying more than 10 passengers. Jerry Hill, a state senator from San Mateo, has stated that he will introduce a bill about increasing safety precaution for limousine vehicles, including requiring limo owners to keep fire extinguishers in their cabins.

Others have called for a greater supervision and oversight of limousine vehicles, especially for those carrying fewer than 10 passengers. They argue that supervision is too narrow and the failure to include all limousines, regardless of passenger capacity, is nonsensical. Officials of the California Public Utilities Commission, which regulates more than 6,600 limo and shuttle-bus firms, have stated they believe there is solid oversight. The Limo Stop company was licensed, insured, and had a clean record with the state.

An accident like this is incredibly unfortunate. Though the limousine had carried 9 passengers, one more than was allowed, the cause of the fire remains a mystery. As we approach the peak limousine usage season of proms and weddings, we here at the Brod Law Firm encourage actively taking precautions when using a limo service. This includes checking that the company is licensed with the state, and is insured to cover property damage and liability. Additionally, it may be good practice to check out the vehicle before reserving it for an occasion. Lastly, if an unexpected problem does arise, do not hesitate to inform the driver and officials. Safety is most important.

As more answers become available, we will all have a better understanding of if there is fault or negligence in this incident. Passengers are in every right to expect care, and an avoidance of harm or injury. If you have been involved in an incident and believe a service is at fault or failed to adequately avoid harm, please contact our Bay Area based accident/injury attorney to assist you.

See Related Blog Posts:
Limo Fire Tragedy and California Common Carrier Law

Sources:
SF Chronicle: After Tragedy, Calls for More State Oversight
Limo Alternations Can Create Weaknesses
Limo Fire that Killed Bride Puzzles Experts

Limousine Fire Claims Five Lives, Driver and Three Passengers Escape
It was supposed to be a night of fun, with recent bride Neriza Fojas and eight of her fellow nurses hitting the town to celebrate her recent nuptials. According to the San Francisco Chronicle, the women were heading to a hotel in Foster City in a limousine rented from Limo Stop. As the car travelled across the San Mateo-Hayward Bridge, smoke and fire began to fill the passenger compartment. The surviving women and the driver tell somewhat different stories, but it appears the women knocked on the partition to get the driver’s attention to report the fire and because they could not get the two rear doors to open. Three of the women were able to crawl through a small window in the partition and exit the limo. Five of the women, including the recent bride, did not make it out and died in the fire.

Authorities are investigating the cause of the blaze. Orville Brown, the limo driver, says he believes it was an electrical fire and that it might have been smoldering for days. California Highway Patrol Commander Mike Maskarich told reporters that the vehicle was only authorized to carry a maximum of eight passengers. It is unclear whether the overcrowding of the vehicle, which contained nine passengers, played a role in the tragedy. Joan Claybrook, thevformer head of the National Highway Safety Administration, formerly with the, suggested that the stretch limousine industry suffers from poor regulation. She noted that modifications are made by small companies and that regulators lack the money to truly focus on overseeing these companies.

California Common Carrier Law & Liability
Our hearts go out to the victims of Saturday’s tragedy, including the loved ones of the women who died as well as the survivors whose lives will be forever changed. While civil lawsuits can never turn back the clock, they can provide essential monetary damages that help victims confront both the financial and emotional results of a tragedy. In addition to products liability and negligence issues, this weekend’s tragedy may trigger a more specific area of California law – common carrier liability.

Limousines, buses, and taxis are considered common carriers under the law, a category that includes any entity that transports people or goods for a fee. Common carriers owe a much higher duty of care to their passengers and the public than a typical driver. This duty is described in the California Civil Jury Instructions as requiring “the highest care and the vigilance of a very cautious person.” The Instructions note that common carriers do not guarantee passenger safety, but they “must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers.” This standard makes it easier for victims to show liability in common carrier cases than in accidents caused by private individuals.

California law also sets forth several additional requirements for common carriers in Civil Code 2100-2014. Carriers must travel at reasonable speeds, must not overcrowd vehicles, and must provide everything necessary for a safe trip. Additionally, they must provide vehicles that are safe and fit for their advertised purposes.

Protecting Victims of Common Carrier Accidents in California
We hope that investigators are able to get a clear understanding of Saturday’s accident. An understanding will help victims in their search for justice and will also help prevent the accident from recurring in the future.

If you or a loved one has been the victim of an accident involving a limo or other common carrier in Northern California, please call our office. Our San Francisco common carrier liability lawyer can help you get the compensation you are owed under California law.

See Related Blog Posts:
San Francisco Lawyer Comments on Taxi Accident Law After Pedestrian Dies in Cab Collision

Cable Car Accident and the Importance of Hiring an Experienced San Francisco Muni Lawyer

(Photo by Bill McChesney)

American Psychological Association on Factors Leading to Elder Abuse in the Home
In a report titled “Elder Abuse and Neglect: In Search of Solutions,” the American Psychological Association (“APA”) notes that most elder abuse cases occur in the home and at the hands of other household members or paid caregivers. While extreme cases sometimes make the headlines, most cases of elder abuse are more subtle and the distinction between strained relationships and abuse can be harder discern. Focusing on such cases, the APA asks an important question: Why does elder abuse occur? Of course, the answer is complex and case-specific, but the group focuses on three primary factors:

• Family Stressors
Families can experience significant stress as a family member ages. Stressors include an elderly relative moving into a household and the financial burdens of care. Affected family members may take this stress out on the aging relative. Family history plays a role with some cases involving the persistence of existing abuse or even a formerly mistreated child or spouse “turning the tables” on an abuser whose health is failing. Social isolation can be one warning sign that family stress had turned into abuse. Additionally, family members may unintentionally fail to provide adequate care, constituting abuse (even if it is non-willful) threatening the relative’s health and safety.

• Caregiving Stress
Combined with other stresses in the caregiver’s life, the stress of caregiving can be a trigger for abuse. Added stress can result if cognitive issues cause the elderly person to act aggressive towards the caregiver. An untrained caregiver may result to physical force as a way to manage difficult behavior. Neglect can also arise from a lack of training and resource limitations. A caregiver’s financial dependence on the patient can also lead to financial exploitation. Guilt and other factors may keep a caregiver from seeking help that could alleviate stress and prevent abuse.

• Societal/Cultural Factors
Abuse may be perpetuated by societal views that keep people from intervening in a “private, family matter.” Cultural beliefs, including beliefs about gender roles, may also influence family dynamics and lead to abuse. Other social and cultural norms may keep an abused individual from reporting the treatment. Educating people who work with the elderly about cultural differences can help them recognize when behaviors cross the line and become abuse.

A Reminder: Abuse is Abuse, Regardless of the Reason
Some abusers fit our image of true-life monsters. Others do not. This post discusses some factors that may turn an “ordinary person” into an abuser. These are explanations, NOT excuses. Elder abuse is wrong, regardless of the “why” behind it. We believe that increased awareness, including an understanding of some factors that lead to abuse, can help people identify abuse and protect the victims.

If you believe someone you know is the victim of elder abuse, or if you are a victim yourself, please report it. A useful guide on reporting elder abuse in California is available on the Department of Consumer Affairs’ website. Our office is also prepared to advocate for the victims of elder abuse in San Francisco, Oakland, Sacramento, and surrounding regions. Our San Francisco elder abuse law firm promises to treat you with the sensitivity these issue demand while ensuring we protect the legal rights of elder abuse victims.

See Related Blog Posts:
Elder Abuse Forensics Centers: A Collaborative Approach to Combatting Elder Abuse

Identifying the Many Forms of Elder Abuse

History and Statistics Support the Minimum Drinking Age
Almost every teenager has asked the question at least once, and many parents and educators have struggled to provide an answer beyond “it’s the law” – Why 21, why not 18 (or 16, or no restriction)? Mothers Against Drunk Driving takes a look at the age restriction in a series of articles on their website. Perhaps surprisingly, historically most states set their drinking age at 21. There was a movement to change this in the late 1960s and early 1970s, when 29 states lowered their drinking age to mirror the newly-reduced voting and military enlistment ages. MADD’s research reveals that this was followed almost immediately by a significant increase in the number of drunk driving accidents and fatalities in those states and in border-regions, referred to as “blood borders” because of a high accident rate that developed as teens crossed state lines to drink and crashed on their return trips. These results led 16 of the 29 states to return to a minimum drinking age of 21 by 1983. Federal efforts followed and legislation enacted in 1984 led all states to sign on to the age 21 rule by 1988.

Has 21 worked? MADD cites estimates from the National Highway Safety Administration suggesting moving to an age 21 rule nationwide has saved 900 lives per year, or more than 25,000 lives since the rule was adopted nationwide. Underage drinking has, contrary to what some may assume, declined since the change with the use of alcohol among 8th graders dropping 45% since 1991. Drinking rates also fell 30% among 10th graders and 18% among 12th graders. Along with other research showing that more young people drank when the bar was set at 18, this suggests the “forbidden fruit” theory (that lowering the age makes drinking less attractive) does not hold true. Furthermore, there were twice as many fatal crashes involving underage drunk drivers prior to the nationwide adoption of the 21 bar. On another front, MADD notes that alcohol is especially dangerous to the developing teen brain and drinking in one’s teens increases the risk for alcoholism. Teen drinking is also more widespread and leads to more problems (i.e. alcohol-related injury, rape, and school problems) in Europe, where many countries do not set a minimum drinking age.

One Community Cracks Down on Underage Drinking in the Bay Area
Walnut Creek police have recently been cracking down on underage drinking, as detailed in an article on Walnut Creek Patch. Efforts included a program focused on adults who purchase alcohol for minors. The police department also proactively look for impaired drivers, with the number of DUI arrests hitting an all-time high last year.

Helping the Victims of Crashes Caused by Underage Drinking
Our Bay Area legal team represents people who are injured or lose loved ones as a result of underage drinking. As an experienced Northern California drunk driving injury lawyer, Attorney Brod helps victims explore all of their legal rights, including seeking damages from at-fault drivers, insurance companies, and adults who provided the alcohol to an underage individual. Call to arrange a free consultation.

See Related Blog Posts:
San Francisco Accident Attorney on the Dangers of Drunk Driving

Focusing on Drugged Driving Following the Death of a Young Victim

(Photo by Ryan Gageler)

The Hurt Report & Its Findings on the Causes and Characteristics of Motorcycle Accidents
Surprisingly, the most comprehensive, detailed report analyzing motorcycle accidents and their causes is more than thirty years old. In 1981, the National Highway Traffic Safety Administration released the results of a study led by Harry Hurt, titled Motorcycle Accident Cause Factors and Identification of Countermeasures. The ground-breaking investigation into motorcycle accidents included an in-depth analysis of 900 accidents in the Los Angeles area plus the examination of 3,600 additional crash reports. The Hurt report is still cited as the most important study to date on motorcycle safety, although some say that changes in ridership and the way motorcycles are built leave the report showing its age.

More than 50 findings relating to the causes and characteristics of motorcycle accidents and injuries are detailed in the Hurt report. Key conclusions resulting from the authors’ analysis include:

• Approximately 75% of accidents studied involved a collision between a motorcycle and another vehicle. The remaining 25% were single-motorcycle accidents.


• The primary cause of motorcycle accidents was drivers failing to see motorcycles. Two-thirds of multi-vehicle accidents were caused by the other vehicle violating the motorcycle’s right-of-way.


• The most common layout of multi-vehicle accidents involved a motorcycle traveling straight and another vehicle turning left in front of the rider.


• Rider error was the primary cause in two-thirds of the single-vehicle accidents.


• Almost half of fatal accidents involved alcohol.


• “Collision avoidance problems” were common across the study, with over or under-braking contributing to the inability of riders to avoid an impending crash.


• In a typical accident, the rider had only two seconds to complete all necessary collision avoidance measures.


• Most riders involved in crashes had no formal training, with 92% learning on their own or from a friend or relative. Formal training reduced the likelihood of being involved in an accident and the severity of injuries when a crash did occur.


• 98% of multi-vehicle collisions and 96% of single-vehicle accidents led to some degree of rider injury. In 45% of incidents, the injury was more than minor.


• Helmet use was the “single critical factor” in preventing/reducing riders’ head injuries.

Calling for Updated Research to Aid in Accident Prevention
Many of these lessons remain important today. However, a lot has changed since 1981. Motorcycles travel faster than they did thirty years ago; the median speed at impact was only 21mph in the Hurt study. Ridership has grown and skews younger than it did in 1981. Motorcycles have also changed. While the bikes have more power, they are also more conspicuous and have added safety features. These changes have led many to question the continued validity of many of the Hurt study’s conclusions.

Our office serves as a law firm for motorcycle accident victims in Sacramento, San Francisco, Oakland, and all of Northern California. We believe in accident prevention. Investing in motorcycle safety research is essential to this goal. While the Hurt report contains useful guidance, we need up-to-date research that reflects current conditions and will help reduce the number of accidents in California and nationwide.

See Related Blog Posts:
Legal and Safety Considerations: Lane-Splitting by Motorcycle Riders

Northern California Injury Lawyer on the Serious Consequences of Motorcycle Crashes

(Photo by David Butler)

Woman Sentenced in Complex Financial Fraud Scheme Targeting Elderly Woman
Last week, as reported by Mercury News, a California court sentenced 43 year-old Jacqueline Dove of Santa Clara to nine months in jail for her role in defrauding an elderly woman out of much of her life savings. The sentence follows Dove’s guilty plea to the felony-level charge of theft by false pretense. She was also ordered to pay back the $45,000 that had been taken from the victim.

In October, the unidentified victim was notified that she had won a sweepstakes jackpot totaling more than half a million dollars. She was told that she needed to send a $4,000 fee to an agent, an amount the callers said represented a “nonresidential tax.” The victim complied. After doing so, another individual contacted the victim, saying that he was from the FBI and regretted to inform her that she had not won a prize but instead had been the target of a scam. He told the woman that the $4,000 had been used by recently-arrested murderers to purchase guns and that she would need to pay $25,000 to avoid litigation. Additional calls, now believed to have originated from Jamaica, followed with people posing as CIA and IRS agents and asking for additional money. Eventually, Jacqueline Dove arrived at the victim’s home and, using the password “In God We Trust,” collected these funds. Even after authorities became aware of the scheme and arrested Dove, the victim continued to receive calls from other scammers involved in the fraudulent scheme who are still asking for money.

FBI and Prosecutors on How and Why Scammers Target Seniors
A statement released by Prosecutor Cheri Bourland praised Santa Clara police officials for their work on the case. She added that scams targeting the elderly are so common that they rise to the level of an epidemic. Bourland added that predators literally scour databases to identify trusting targets, often focusing on the elderly. Once a victim is identified, the scammers will work the scheme until they’d tricked the victim out of every possible cent. Bourland called upon residents to be on the lookout for potential swindles and asked people to keep an eye out for friends, relatives, and neighbors who might be vulnerable to financial scams. The FBI, in a discussion of “Common Fraud Schemes," notes that the elderly may be targeted because they often own their homes, have accumulated a significant “nest egg,” and have good credit. These attractive traits combine with the tendency to be trusting and also to simply feel it is inappropriate to hang up on a caller. The elderly also tend to be less likely to report being scammed, perhaps due to feeling embarrassed or a sense that they need to accept the results of their choices, even when the choices are the product of a scammer’s lies.

Protecting Yourself and Your Loved Ones From Financial Elder Abuse
If you believe that you or someone you care about is being scammed, call police first and then call an experienced financial abuse lawyer. Attorney Greg Brod understands the complex issues (and emotions) involved in these cases and will work to get justice for the victims of financial elder abuse in San Francisco, Oakland, or elsewhere in the state of California.

Remember: The civil system exists separate and apart from the criminal law system and victims should always consult a civil elder abuse attorney regardless of whether a criminal case is pending. Also, it is never rude to ask for identification from people claiming to represent government institutions. You can even call a local field office to confirm the identity of an agent.

See Related Blog Posts:
Judge in Elder Abuse Case Finally Resigns

The National Council on Aging’s Top Ten Financial Elder Abuse Schemes

The background of the case is as follows: Jason Gonzaga was shot at a Dave & Busters bar in Southern California. Mr. Gonzaga sued the bar and also their security company, claiming that they failed to prevent the shooting incident. He settled that case, but then filed another case against the security company’s insurance provider, Burlington, claiming that they had denied the security company’s claim in bad faith under the assault and battery exclusion. At trial, the judge awarded summary judgment for the insurance company, deciding that the assault and battery exclusion was enforceable. Mr. Gonzaga then sued the wholesale insurance broker, Hull & Co., asserting that Hull had a duty of care to the security company to ensure that the insurance coverage provided for such lawsuits against the company. The trial court allowed this case to move forward.

In March, the Los Angeles Superior Court awarded summary judgment to Burlington and dismissed Mr. Gonzaga’s claim against Hull with prejudice. Mr. Gonzaga appealed to the California Supreme Court, but that appeal was denied.

Wholesale insurance brokers are happy with the ruling, saying in an amicus in the case that if Mr. Gonzaga’s claim went forward, insurance brokers would face unlimited liability from those with whom they have no contract for simply doing their job in California.

Some claim this issue isn’t fully resolved though, and that stranger liability for insurance brokers could come up again before California courts. Ben McKay, executive director of the Surplus Line Association of California, says that this case didn’t officially determine there would be no stranger liability, just that there was none in the case against Hull. He said other cases might succeed, and it depends on the function of the wholesale insurance broker - whether it is giving advice or simply being a conduit for insurance providers. In a case with different facts, an insurance broker could be liable and Mr. McKay hopes the ruling would be specific in defining the liability so that wholesale insurance brokers will understand their duty.

The Hull case brought attention to this issue, even though Mr. Gonzaga lost, and now some state lawmakers are thinking of addressing the issue through legislation. There was a bill, Assembly Bill 1053, but it is unlikely to become law. The idea is being considered though, and we will wait to see what the legislature or future court cases determine on this issue.

San Francisco Insurance Attorneys
This case shows how complicated insurance cases can be, with many layers of potential liability and difficulties with insurance companies if they are not insuring you directly. If an insurance company is giving you the run around, contact an insurance lawyer at the Brod Firm today. Our lawyers are experienced in California insurance law and can help you receive the benefits and compensation you paid for and deserve.

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