San Francisco Injury Lawyer Blog

Traffic is a part of life for those of us who live in a dense urban area. In addition to be annoying and frustrating for those who are stuck in it, as our San Francisco car accident attorney knows, it can often be a symptom of a much more serious problem. The gridlock encountered by many who were driving on the 101 on Wednesday morning was a sad reminder that traffic can be more than just a headache for drivers – it can mean a serious injury or loss of life for those involved in the traffic-causing accident.

As the San Francisco Gate reported, all southbound lanes of 101 were closed for several hours Wednesday morning due to a fiery crash. The accident occurred around 5 am, when big-rig carrying cement overturned and caught fire. Several other cars were involved in the accident. One woman who was forced to stop pulled the truck driver out of the vehicle. The truck driver was then taken to San Francisco General Hospital. His condition is currently unknown. It is also unclear if any other drivers were harmed.

Before the highway was reopened, officials had to ensure that all debris had been cleared and that the road was structurally sound. This entailed removing the truck from the road and cleaning up all spilled fuel. In addition, Caltrans engineers were brought in to inspect the elevated freeway and guardrails before the traffic was allowed on the road.

In accidents like this, it is not always clear who is at fault, but those involved can benefit from seeking advice from a San Francisco truck accident lawyer. Investigations can take time and victims may not initially have enough information to determine if a negligence suit is appropriate. But experienced truck crash attorneys know that depending on the nature of items being transported, and what occurred, a variety of liability theories are possible.

For example, if a truck crashes which was carrying certain material, an ultra hazardous activity suit may be appropriate. Ultra hazardous activity liability differs from a negligence liability in that the level of care does not matter. In order to find a breach of duty in a negligence claim, the plaintiff must show that the defendant did not take the proper precautions. In contrast, in an ultra hazardous activity claim, the level of care taken is immaterial. No matter how careful the defendant was, if explosives, radioactive materials or wild animals were involved, the defendant can be strictly liable. For example, imagine the case of a truck driver transporting explosives. If the truck is rear-ended and catches fire, the driver may still responsible for the damages, even if he was not responsible for causing the accident, because the activity of transporting explosives is so dangerous.

Continue reading "Fiery San Francisco Truck Accident on 101 Closes Road Wednesday Morning" »

Our Sacramento car accident attorney knows that collisions involving children are some of the most heart-stopping incidents that strike on our area roadways. The potential for serious injury is highest when it involves a child who is hit while walking and not in another car. For example, late last week a young ten year old boy was hit by a FedEx truck while in the road near his school. KCRA News reported on the Sacramento pedestrian accident which occurred around 1:30 p.m. just outside the Beitzel Elementary School. According to the report the FedEx truck was heading north on Caymus Drive and was preparing to make a left turn on Chantel Way when his delivery truck struck the ten year old child.

Authorities are still investigating the situation to understand exactly what happened. The driver of the truck claims that he did not see the child enter the road. Apparently the child was struck by the side of the truck and thrown to the ground. The driver then proceeded forwarded being unaware of the child’s position, the rear wheels of the truck eventually ran over the boy on the ground. The child’s condition is still unclear, but it suspected that his pelvis was broken. The driver stopped at the scene and was questioned by authorities, though no citations have yet to be issued.

Our Sacramento pedestrian accident attorney has worked with many local residents who have been hurt in similar events. All cities have their fair share of these collisions, and unfortunately many of them could have been prevented if those behind the wheel had been acting in a reasonable manner. It is too early to determine any specific legal liability in this case, but it will be important for all those involved to ensure that the specific events which led up to the accidents are brought to light. Not every pedestrian accident is the fault of the driver, and it is imperative that all those walkers who are on or near the roadway conduct themselves in a reasonable manner as well.

While pedestrians are occasionally at fault themselves, it is important for all those involved in these events in our area to visit with a Sacramento car accident lawyer before making any decisions which may affect their legal rights. Victims of these crashes and their families may at first believe that there was nothing that could be done to prevent the accident, but an experienced legal professional is often capable of explaining exactly how the law might apply in their case. For example, most Sacramento truck accident lawsuits stemming from these events are filed under a negligence theory. In short, these suits are brought when a driver acted in an unreasonable way which caused injury to another person.

Many factors come into play when determining whether or not a driver was reasonable when the accident occurred. What may be reasonable conduct when driving in one situation may not be reasonable in another situation. Most community members would agree that driving a truck on a freeway demands different conduct when that same truck is being driven on a neighborhood street. In addition, even more care may be necessary when driving a truck in front of a school with children visible and near the area. All of those factors will come into play when determining how the law will apply in this and similar situations.

See Our Related Blog Posts:

Outer Mission Pedestrian Accident Takes Life of San Francisco Man

New Crosswalk for a Dangerous San Francisco Intersection, and Other Issues Regarding Road Improvements

On Friday, June 24, an Amtrak train bound for Emeryville from Chicago, crashed in Nevada, killing at least 6 people. It has been reported that a truck crashed into the side of the train, though a team of 18 investigators from the National Transportation Safety Board ("NTSB") has not yet been able to determine how and why the crash occurred. The driver of the truck unfortunately died in the crash, however, leaving certain key questions unanswered.

In California, a party may bring a lawsuit in a variety of venues. Under California law, a party may file a lawsuit in the County where an injury, or the injury causing death occurs, or in the County where the defendants, or some of them reside, at the time the lawsuit is filed. Though this terrible train crash took place in Nevada, an injured person or the loved one of a person whose life was lost in this tragedy, may be able to pursue their claim in the State of California. Speaking with an experienced attorney is the best way to understand your rights. If you, or a loved one has been injured in this terrible Amtrak crash, or in any other train crash, please contact the Brod Law Firm for a free consultation.

A lawsuit has been filed in Alabama federal court over Freightliner heavy duty trucks manufactured by Daimler Trucks North America LLC, a division of Daimler AG. The Freightliner truck lawsuit is seeking class action status and alleges Daimler sold thousands of vehicles with defective rac-and-pinion steering systems. The complaint was filed in the U.S. District Court for the Northern District of Alabama. The lawsuit points out that Daimler has issued voluntary recalls of its rack-and-pinion steering systems. According to the recall notice the left hand inner tie rod may loosen over time and potentially separate from the steering rack under certain conditions, which could cause in the driver to lose control and potenially cause a catastrophic accident.

Here at thehttp://www.brodfirm.com Brod Law Firm we have safety advice for drivers when they approach commercial trucks during their everyday commute. Firstly, you should always be extra alert as you approach a large truck, as their blind spots are difficult to avoid. That being said, the following is a helpful tip for navigating a truck’s blind spot: If you can’t see a truck’s side mirrors, then that means the truck driver can’t see you. Also, you should never pass a truck on the same side it is signaling to turn. Trucks need to swing wide to negotiate turns safely, and the rear wheels follow a shorter path than the front wheels. As a result, you could get cought in the middle of the turn and collide with the truck. In addition, trucks require much more distance to stop in comparison to cars. Forcing a large vehicle to stop quickly can result in a fatal accident, so stay at a safe distance in front of trucks. And you should always use the proper procedure to pass a large truck or a bus on the highway--accelerate slightly and maintain a consistent speed while passing, and wait until you can see the entire cab in your rear-view mirror before signaling and pulling in front of it. Lastly, never attempt to cut off a truck in traffic or on the highway to reach your exit or turn.

If you of loved one suffered an injury due to a collision with a commercial truck, contact our office for a free consultation. We have over 10 years experience helping victims of serious traffic accidents get the compensation they deserve.

Last Friday, a driver of a crane truck on 2nd Street and Townsend struck a 72-year-old woman walking in the crosswalk, according to streetsblog.org. The accident occurred at 8:58am in front of San Francisco Fire Department’s headquarters, and even though multiple emergency medical technicians were on the scene immediately after the woman was struck, they were unable to save her life. The truck that struck her belongs to Sheedy Drayage Company, but there is no available information about the driver yet. Lt. Mindy Talmadge, San Francisco Fire Department’s spokesperson, said that the driver of the crane truck is extremely distraught. No one was placed in custody or under arrest at the time of the accident, as the matter remained under investigation. Ultimately, as in any case such as this, it will be up to the district attorney if any charges are filed. Already three seniors have died on San Francisco’s street this year-- unfortunate events that should prompt the city to get going on pedestrian safety improvements.

Truck accident litigation is complex. When a commercial truck is involved in an accident that results in injury or death, a number of issues must be taken into consideration in order to determine the possible liable parties for an accident. For instance, if a distracted or drowsy driving were a factor, both the truck driver and their employer could be held liable for the results of the injury accident. At the same time, however, other issues may have also been factors that may not have been known at the time of the accident. Typically, under these circumstances, a third party investigation is conducted in to find other possible causes for the accident so that the liable parties can be discovered and held accountable for their negligent behavior. Under Federal Motor Carrier Safety Regulations, a trucking company is responsible for just about every act of their truck drivers. To determine who is responsible, it is important to retain the representation of an experienced injury accident attorney. Here at the Brod Law Firm, we have over 10 years experience handling injury accident claims arising from collisions involving different types of vehicles. If you or a loved one suffered an injury due to a collision with a truck, please contact our firm today.

Accordign to SFGate,The family of Tahir Sheikh Fakhar, 56, who died on November 9th, 2009, after his truck flipped over a Bay Bridge wall and plunged onto Yerba Buena Island, filed a wrongful death lawsuit against the state and civil engineers who designed and warned about the dangerous S-curve that caused the accident. After the deadly accident, Caltrans ramped-up signage and added rumble strips, flashing lights and other advisories to notify drivers to slow down. The speed limit on other sections of the bridge is 50mph. Before the accident about 43 crashes had been documented on the s-curve. The wrongful death suit was filed in San Francisco Superior Court and accuses Caltrans of negligence in designing the S-curve, part of a detour installed on the bridge while a new eastern span is constructed. The suit blames the poor design and lack of warning signs and signals, and seeks unspecified damages. Bart Ney, Caltrans spokesman, stated that increased enforcement of the sped limit and public awareness has cut down on the accident rate at the S-curve.
Ironically, the S-curve was constructed to keep drivers safe, as it replaced the seismically unsafe eastern span. The new speed limit is 40 mph on the curve, which is a 10 mph decrease from the rest of the span of the bridge. Back in October 14, 2009 around 2:30 p.m., another big rig overturned at the s-curve, which prompted Caltrans officials to approve better warning signs to alert motorists to slow down, which were insufficient in preventing Fakhar’s tragic accident. The semi-truck was driven by Manuel E. Garcia Jara, 55, who had reportedly traveled across the bridge many times, but had never navigated the new S-curve, which opened on September 8th. Like Fakhar, Jara was traveling over the 40 mph limit, when his 18-wheeler entered the curve and overturned on the westbound lanes. Prior to proper warnings, the sudden and unexpected curve did not give drivers enough time to slow down until it was too late and they had already lost control of their vehicles. These accidents highlight the need for Caltrans and its engineers to better analyze future construction projects in order to prevent such catastrophic accidents. Tax payer money goes into these projects, and the public expects a high standard of safety when Caltrans builds a new project-- let’s hope they have learned from their mistakes.
If you or a loved have been injured in a car or trucking accident, please call the Brod Law Firm today. We have the experience necassary to help you win the compensation you deserve.

A horrible motor vehicle accident in May of 2007 changed the life of a young man, forever, requiring him to need permanent and constant medical attention. A Santa Clara jury found that two truck drivers were responsible for the accident, one of whom was talking on his cell phone at the time of the accident. The truck driver who the jury found to be 60 percent at fault, denied causing the accident, and even denied contributing to the cause of the accident. The jury awarded more than $49 million in damages.

The failure to take responsibility for an accident is perhaps one of the most overlooked reasons why the California courts are bogged down with cases. While the proponents of “tort reform”, mostly backed by insurance companies, blame California juries for large verdicts, little is heard about jury verdicts, large or otherwise, occurring in the face of a total failure to assume responsibility. Often, it is not the wrongdoer, or even their attorney, who make the decision to force an injured person to go through a trial in court to have justice served, but the defendant’s insurance company. The insurance industry spends a great deal of money to ensure that everyone is familiar with the term “frivolous lawsuits”, but rarely are cases where a “frivolous defense” is raised, brought to the public’s attention. Cases like the one in Santa Clara County should send a message to insurance companies and to those responsible for causing injuries to others. Don’t think your conduct can cause serious injury to someone and get away with it in Santa Clara County.

Last week, U. S. House Representatives heard the Transportation and Infrastructure Committee denounce the Federal Motor Carrier Safety Administration (FMCSA) for not solving the problem of medically unfit truckers possessing fabricated medical certificates. The hearing focused on eight outstanding National Transportation Safety Board recommendations and many congressional mandates to ensure that commercial driver’s license holders are medically fit to drive. According to the Committee on Transportation and Infrastructure, medical oversight of commercial drivers has been on the National Transportation Safety Board’s “Most Wanted” list since 2003. The FMCA requires Interstate Commercial Drivers to pass a comprehensive physical exam before obtaining a commercial drivers license and carry a medical card, which has been issued by a qualified medical examiner and proves the driver meets the medical requirements, at all times and produce it upon request by State and Federal Inspectors. After an extensive investigation the committee found that there is no practicable mechanism in place for inspectors to determine whether a certificate is valid. Out of the eight recommendations, one of the main focuses of improvement made by the committee was for enforcement authorities to develop a way to identify invalid medical certification during safety inspections and routine stops. The committee believes the flaws in the medical certification process can lead to increased highway fatalities and injuries for commercial vehicle drivers, their passengers, and the public.

We, the attorneys here at the Brod Law Firm, are relieved to read about House lawmakers examining and addressing the issue of medically unfit truck drivers. We like to think these efforts will help make our roads less dangerous and lower the number of commercial truck accidents. It should be pointed out, however, that the report put out by the Committee states that its results cannot be generalized to the commercial driver or the medical examiner population as a whole. We find this point very important, because we know that commercial drivers are always assumed as the guilty party in any accident in which they are involved. That being said, it is also important not to underestimate the report and its findings. We find it disappointing that some medical professionals may not always use their best judgment when issuing medical certificates. After reading this report, we wondered how this information might frighten or impact the public, and we hope it doesn’t stop them from getting in their cars as usual. Whatever the public feels about the subject, our advice to them remains ever constant: Always use caution when sharing the road with a commercial truck. And this information put out by the committee should make drivers even more aware of the potential dangers that exist when they share the road with a commercial truck.

We also like the advice given by automedia.com in an article titled “Big Rig Blues—Don’t let those trucks get you down", as well as their reminder that “without big rigs and their cargo, 82 percent of the country’s communities would be without groceries and other goods.” The article points out another important fact, which is, according to the AAA Foundation for Traffic Study, 75 percent of all truck related incidents are car initiated. This means that accidents between big trucks and cars are not always the fault of the big trucks. Most importantly, this shows drivers of cars don’t always know how to drive around trucks. In summary, the advice they give is as follows:
• Trucks have four blind spots and it’s important to avoid them.
• The most dangerous blind spots are to the left and right of the truck starting just beyond the cab and fanning across three lanes of traffic, and running the length of the truck.
• A big rig driver cannot see approximately 15 to 20 feet immediately in front of the cab, which should discourage you from merging into the middle of a long line of semis on the highway, especially if you’ve got a small sports car.
• If you are not sure if you are visible to the truck driver, look at his side mirrors. If you can see his face, he can see your car.
• The obvious blind spot is behind a big rig, up to 300 feet behind.
• Everything that impacts your vehicle impacts a big rig—times 10. If there are steep grades or wind impacting your commute, make sure to stay away from big rigs.

• Big rigs need a lot of space to stop. If a big rig is traveling at 55mph, it will take 300 feet to stop. Remember this when you are passing a big rig, and maintain your passing speed until you are a comfortable distance in front of the truck.

All of this information is meant to empower all drivers so that they may safely and responsibly share the road with commercial trucks. We believe an informed driver is a safe driver. Sadly, however, even the most skilled or aware driver can be involved in an accident. Here at the Brod Law Firm, we are prepared to help anyone who has been in a car accident involving a commercial truck.