Articles Posted in Negligence

chris-becker-781-copy-300x200Not every accident on the road involves a car or truck. Some collisions are between pedestrians and cyclists, particularly in cities where biking to and from work is common. San Francisco sees its fair share of pedestrian-cyclist collisions, which can lead to significant injuries for everyone involved. In September, a 24-year-old man on a bike collided with a teenage girl on Market Street. The girl was knocked unconscious and taken to a local hospital. The full extent of her injuries is unknown.

When individuals are injured in vehicle accidents, most know what to do next. Get a copy of the police report and file an insurance claim. If the accident is complex, the person calls an attorney. But what happens after a pedestrian-cyclist accident? If you were injured in this type of collision and you believe the other person was at fault, the best thing for you to do is contact our experienced San Francisco personal injury lawyers at Brod Law Firm. We will determine whether an insurance policy applies to your situation or whether you should move forward with a personal injury suit.

Possible Insurance Coverage

nabeel-syed-2856-copy-300x200If you were part of an auto accident while riding your motorcycle, you likely have to deal with a contributory negligence claim during your personal injury insurance claim or lawsuit. Due to negative stereotypes regarding motorcycle riders and an insurer’s constant fight to protect its bottom line, the insurer or other driver may allege that you were partially at fault for the accident. They may even claim that you were more responsible for the accident than the other driver. This is particularly common if there was any evidence that you were lane splitting. However, in California, lane splitting is legal and therefore, not inherently negligent.

If you were in accident while lane splitting, contact our experienced San Francisco personal injury lawyers from Brod Law Firm at (800) 427-7020.

California Law on Lane Splitting

cristian-newman-63291-199x300When you have elderly parents in nursing homes, it can be difficult to monitor their health and safety. You are not around every day to ensure that they get enough food and water, are properly bathed, receive their medications, and are not neglected or abused. You may not even be able to see your loved ones each week if you live far away. This can enable nursing home staff and others to take advantage of your parent’s situation, either neglecting to give them the care they need or emotionally, physically, or sexually abusing them. If you have begun to notice signs of abuse when you visit, you are probably wondering what you should do. Where do you turn when the people who are supposed to care for your loved ones are harming them?

If you suspect your elderly mother or father is being abused at their care facility, take the following steps:

  • Speak with a facility administrator: If you believe something is wrong, you need to speak with the management of the facility as soon as possible. This is the best time to gauge their reaction and take careful note of how they try to rectify – or explain away – the situation. If you see no changes in the following days or weeks, move head through more formal channels.

dawn-armfield-66060-copy-300x225A construction site on San Pablo Avenue between Oakland and Emeryville caught fire on Saturday, May 13. The fire broke out in the mixed-use apartment complex around 5 a.m. and took about 100 hours to control. Both the Oakland Fire Department and the Alameda County Fire Department sent engines and firefighters. The debris was still smoldering and firefighters remained on site through Sunday. The fire led to the evacuation of at least 35 residents from 15 neighboring units as officials were worried the partially burned crane might collapse. Some nearby homes were severely damaged.

This is the second time the construction site has gone up in flames. It caught fire last July, and neighbors and the building developers suspect arson. The previous fire started at around 2:45 a.m. and also spread to nearby homes and businesses.

The development was intended to be 105 one- to four-bedroom units and 21,000 square feet of retail space known as the Intersection. However, it remains to be seen when the Intersection will come to fruition. The building was supposed to be finished this October. However, this has set it back at least nine months.

lili-popper-29464-300x169It turns out, you do not have to be in a car to get into a car crash. You can be involved in an auto accident while sitting in your living room. On March 26, a vehicle struck home after being involved in a traffic accident, according to the Redwood City Fire Department. The original two-vehicle collision occurred at 34 Center Street around 8:00 p.m. There were no reports of injuries in this particularly incident. However, not all families are so lucky.

While vehicle-into-building accidents are not as common as traffic collisions, they are not so few and far between that you can ignore the risk. Some statistics say around 60 vehicles crash into commercial buildings per day across United States. The rate is likely higher when including residential houses and apartment buildings. If you are injured by a vehicle colliding with the building you were in, whether at home or work, contact an experienced San Francisco personal injury attorney at Brod Law Firm.

Common Causes of Vehicle-into-Building Accidents

daniel-frank-201417-300x200Under House Bill 1215, introduced in February 2017 by Rep. Steve King, R-IA, there would be a cap of $250,000 on non-economic damages for civil malpractice cases involving elderly and dependent adults. While California has a similar cap, it does not apply to lawsuits involving negligence and abuse toward the elderly and dependent adults. Lawmakers stress that the bill is intended to reduce healthcare costs and increase access to healthcare – it is even named “Protecting Access to Care Act of 2017.” Since the federal government is adversely affected by malpractice lawsuits for individuals insured through Medicare, legislators estimate it could save the government $62 billion in the next 10 years. However, many healthcare providers and attorneys feel this law would take away a crucial protection against elder abuse and interfere with state’s rights.

Elder Protection Issues in HR 1215

As David R. Cohen of Stark and Stark pointed out, civil lawsuits are one of the only ways elderly individuals and their families have to recover after an elderly person or dependent adult is significantly injured or killed due to negligent, reckless, or intentionally harmful medical care. Civil cases enable victims and their families to be reimbursed for their expenses and compensated for their pain and suffering, which can be severe in elder abuse situations. These civil cases also serve to make fraud in nursing homes and other care organizations known to the public, increase accountability, and improve the quality of care adults receive.

file0001812797650-300x214National Health Care Decisions Day (NHDD) has become a week-long event held from April 16 through 22. The purpose of this event is to encourage adults across the U.S. to learn more about planning for their future healthcare needs, including drawing up advanced directives. Without knowledge regarding advanced directives, elderly individuals and their families can find themselves in difficult positions. Loved ones may not have the power to make necessary medical and financial decisions or may not know what their elderly family member would want. Without considering future situations and taking the legal steps to solidify what individuals want for their future care right now, it may end up being too late.

NHDD is More Than Information

NHDD is more than an informative week, which could fall short of being actually helpful for most individuals. Between April 16 and 22, both public and private health care providers across 50 states will offer free and simple-to-use tools for individuals and their families to learn about and create advanced directives. The information and tools also facilitate discussions amongst family members about what they want or need if they were to become physically or mentally incapacitated. Organizations like AARP, the American Bar Association, Livestrong, Supportive Care Coalition, and the Human Rights Campaign participate.

v_cxsrohkwg-matthew-hamilton-300x200It is only the end of January and San Francisco has already witnessed multiple scaffolding accidents that have led to pedestrian and worker injuries. In early January, poor weather caused scaffolding materials to fall from a seven-story building near Market Street. San Francisco police blocked off a portion of Market Street for fear that other materials could fall and hurt people. About an hour later, scaffolding collapsed near California and Spruce Streets. On January 20, scaffolding fell near Turk and Market, hurting an individual who was taken away in an ambulance. On the 24th, three workers were seriously hurt when the scaffolding they were using collapsed. They fell 25 feet to concrete suffering fractures and internal injuries. For this particular incident, the building owner did not have the proper work permits and there were multiple safety violations.

Scaffolding is often a necessary component to new construction and renovations. However, it must be constructed properly and protected from the elements. When scaffolding is not constructed or used correctly, it is more likely to collapse and cause injuries.

If you were injured due to falling scaffolding materials or a collapse, do not hesitate to reach out to an experienced San Francisco personal injury lawyer at Brod Law Firm. We will determine who is responsible for the construction materials and site that led to your injuries, whether the scaffolding was properly installed, and whether the owner had the proper work permits.

gbvrye4prlk-kate-300x200According to the U.S. Centers for Disease Control and Prevention, 21 million individuals in the U.S. have been diagnosed with diabetes and another 8.1 million go undiagnosed. A small percentage of these individuals have Type 1 diabetes, while the more significant portion of Americans have Type 2 diabetes brought on by obesity and other lifestyle factors. Considering the proportion of Americans with diabetes, it is no surprise that many elderly individuals in nursing homes need their diabetes properly maintained to avoid injury. Undiagnosed or improperly treated diabetes can lead to devastating consequences, including death. If you believe nursing home staff over- or under-treated your parent’s diabetes causing an injury, contact a San Francisco nursing home neglect attorney at Brod Law Firm today. Your parent’s situation may be protected by California’s elder abuse and personal injury laws.

Avoiding Hypoglycemia

For elderly individuals, particularly those with diabetes, it is crucial to avoid hypoglycemia, which is when a person has detrimentally low blood sugar. A normal blood sugar level ranges from 70 to 110 milligrams per deciliter. A diabetic patient’s goal depends on a number of factors and should be set and monitored by a physician. Hypoglycemia can occur when patients are administered too much insulin or another drug that lowers blood glucose levels.

Uber_screenshotPassengers using rideshare services like Uber and Lyft know (or at least should know, as these terms and conditions are posted on each ridesharing company’s website) that the ridesharing companies consider their drivers to be independent contractors. When a passenger is involved in a crash while riding in an Uber or Lyft vehicle, the process of obtaining compensation can be complicated enough. However, passengers who are deliberately injured by an act of violence committed by their Uber or Lyft driver are left in a vulnerable legal position. Neither Uber nor Lyft allow themselves to be sued for such acts, meaning that the passengers will likely have difficulty holding the responsible party accountable for his or her actions.

While a new law signed by Governor Jerry Brown does not solve this dilemma completely, it does aim to make passengers who use rideshare platforms a little bit safer.

Criminal Background Checks Now Required