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According to the San Francisco Gate, more Californians are planning on traveling out of town this 4th of July, about 4.8 million. That is the highest number since 2003. Nationwide the trend is the same. Reuters reports that Americans will travel an average of 150 miles more this year over last year. In addition, 84% of Americans will travel by car. Lower gas prices seem to be one factor that is driving patriots farther from home for the holiday. Another big reason for the spike in long distance travelers is that the mid-week holiday is convincing many employees to take the whole week off.

However, more traffic means more accidents on the roads and 4th of July is always a dangerous day for drivers and their passengers. The National Safety Council is predicting that about 173 people will be killed in traffic accidents this 4th of July. It also estimates the number of injuries requiring medical attention will reach about 17,300. The National Highway Traffic and Safety Administration (NHTSA) is reminding everyone with its fact sheet “Drive Sober or Get Pulled Over” that 4th of July is one of the deadliest holidays because more Americans decide to drive impaired. In 2010, alcohol was cited as a factor in 31% of fatal auto accidents. However, on 4th of July, 2010 that figure jumped to 39% of the 392 fatal motor vehicle accidents that occurred. Impaired drinking is a bigger problem at night, and of the alcohol related fatalities from two years ago, 80% occurred at night. Younger people are more likely to be involved in auto accidents in general. Moreover, the NHTSA reports that on 4th of July, 2010 alcohol was a factor in 50% of fatalities that involved a young driver. Therefore, law enforcement will be out in full force watching out for impaired drivers.

Drunk driving is not the only bad behavior to watch out for. MarketWatch cites the Safer Roads Report: 2012, which found that Californians run more red lights during the 4th of July holiday than on any other travel heavy holiday. The report says that Californians run 42.6% more red lights than during the Super Bowl, the “holiday” with the least red light violations in the state. Florida, Maryland, and Texas followed California for the most 4th of July red light violators, with an average of 38.3% more violations versus those states’ safest travel holiday.

The Brod Law Firm would like to remind everyone to travel safe this 4th of July. Have a very happy holiday!

See Related Blog Posts: Fourth of July Fireworks Safety
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An 82-year-old elderly woman was assaulted by an angry dad who thought she was scolding his child, the San Francisco Gate is reporting. According to this news source, the woman was a visitor at the Golden Gate Park when she observed a child harassing a goose and asked the young male to stop. Acting under a wrongful assumption, the man shoved her to the ground because he believed she was harshly punishing his child. As a result of this shove, the woman struck her head and sustained serious personal injuries. The police are still looking for the man, who has been only described as a male suspect in his 40’s.

Our San Francisco injury attorneys wish this woman a successful recovery and hope that law enforcement officers find the culprit who committed the attack against her. Parents can become emotionally charged when they believe a person outside of the family reprimands their child for inappropriate behavior. However, it is obviously inappropriate to physically strike an individual without legal justification. As a matter of fact, not only can a person be criminally punished for committing a battery, but they can also be sued in a civil lawsuit.

Civil Remedies Following an Assault

The Oakland Tribune is reporting on the stories shared by parents and grandparents at a meeting of an Oakland school board. The stories involved mistreatment of students at a small private school run by the St. Andrew’s Missionary Baptist Church in West Oakland. One mother said she removed her daughter from the school after the girl reported being verbally abused by Robert Lacy Jr., the church leader who served as the school’s director. Several other parents said that they were told their children were staying after school for evening Bible study when the students were actually taken to San Francisco where they were instructed to ask passers-by for money. There were no adults supervising the children, with at least one child being robbed during a trip. The same child’s mother reported that, during the 2008-2009 school year when the boy was nine years old, her son was locked in a room at one of the church buildings as a form of punishment. He suffered broken bones when he fell two stories as he attempted to escape in order to get to the restroom. Other reports included allegations of physical abuse at the school.

While the St. Andrew Missionary Baptist Church Private School is private, it is supported in part by federal funding for low-income students. The funds pass through the Oakland school district, with the school board approving the contracts. According to California watch, a non-profit initiative created by the Center for Investigative Reporting, the school received $50,000 based on its claim that 61 of its 195 students were low-income. In fact, government investigations and interviews with former students revealed that the actual enrollment was less than fifty students.

Families at Wednesday night’s meeting of the Oakland school board demanded that the school be closed or that it no longer approve the school’s federal funding. The board’s authority is limited since it only approves some of the funding and does not authorize the school’s operation. Jacqueline Minor, general counsel for the school board, said that they would examine the allegations further in a closed meeting. Lacy said he was unable to respond to every claim made by the families but that he would cooperate in the investigation.

The team at the Brod Law Firm is proud to serve our local business community. As a law firm for small businesses in San Francisco, we know that selecting legal representation is an important decision. Many Northern California small business owners wonder whether a small firm can represent their company as well as a large firm with offices nationwide. We firmly believe that a small law firm is the best option when seeking representation for your company. Here are some reasons:

No Minimum Hour Commitment

Some law firms will only accept business clients that guarantee a certain level of legal fees annually. At The Brod Law Firm, we have no such policy. Likewise, large firms may focus their attention on larger-scale clients that are more likely to have frequent legal needs while treating smaller companies as second-class. We value our small business clients and give every business we work with the highest caliber service, regardless of how frequently they need our services. Small business clients are a priority, not an afterthought.

Small businesses are the backbone of America. As a law firm for small businesses in San Francisco, Oakland, and Sacramento, it is our job to stay informed about issues that matter to area business owners. While it is absolutely important to maintain accessible workplaces, abusive lawsuits under the Americans With Disability Act (“ADA”) are far too common. Unmeritorious ADA claims against a small business in Northern California are vexing to companies and also devalue legitimate, valid claims under the act.

The San Francisco Chronicle reported that the State Senate has unanimously passed a bill aimed at reducing predatory ADA claims. SB1186 is being co-sponsored by Senate President Pro Tem Darrell Steinberg and State Senator Bob Dutton who represents San Bernardino County. The bill would do three things: 1) Ban “drive-by” plaintiffs from sending letters demanding a dollar amount from a small business to settle an alleged ADA claim; 2) For claimants alleging a construction-related accessibility violation, require written notice a minimum of thirty days prior to filing suit; and 3) Require commercial landlords to notify small-business tenants whether a building has received state-certification of ADA compliance.

Steinberg suggests that the current bill is only a starting point. He notes that the bill does not fully address the hundreds of false ADA claims filed against California businesses, suggesting that such claims that undermine the value of the federal legislation. ADA claims remain high. According to reports, six businesses on San Francisco’s Grant Avenue were hit by ADA lawsuits in last month.

It has been decades since the “Just Say No” campaign, but drug use continues to be a serious issue in our communities. Our San Francisco injury lawyer knows that drugs don’t only impact the user but can also create dangers for those who never take anything stronger than a Tylenol. The danger of harm to innocent bystanders is particularly strong in the case of methamphetamine (aka “meth”). Meth use can lead to impairment-related accidents and the volatile process of meth manufacture can lead to innocent San Francisco fire victims.

Methamphetamine is a synthetically manufactured drug that impacts a user’s central nervous system. Meth does have some limited medical uses, but most meth is manufactured for and consumed by recreational drug users. The drug can be consumed in many ways including orally, intravenously (i.e. by injection), by smoking, and by snorting. Even in small doses, meth acts as a stimulant and can lead to rapid or irregular heartbeat, increased blood pressure, and increased respiration rates. High doses of the drug can cause stroke, heart attack, convulsions, and even death. Meth also causes psychological changes which can include anxiety, euphoria, aggression, hallucination, delusions of power, a feeling of invincibility, paranoia, and obsessive behaviors. Long-term users may experience dangerous weight loss, heart disease, dental decay, memory loss, reduced mental functioning, violent tendencies, and symptoms akin to schizophrenia. Depression and suicide are also common among users. Withdrawal can be very difficult and can also cause significant physical and mental suffering.

The production of meth is dangerous in itself. “Shake and bake” style meth labs use a very volatile process that can result in an explosion if even a minor error in measurement or handling occurs. Meth labs have become a significant cause of fires that can destroy property and cause severe burns impacting not only those involved in the manufacture but also innocent victims who happened to be in close proximity to a meth lab, such as inhabitants of a neighboring apartment. Mobile meth labs can lead to vehicle explosions and traffic accidents.

Schools are meant to be safe places for our children to grow and learn. Teachers and school staff are supposed to aid our children in this growth and play the role of a trusted advisor. Bay Area sexual abuse victim’s lawyers know that this is sadly not always the case. Abuse by teachers and school staff is a violation of trust in the highest degree and abusers must be held responsible in both civil and criminal courts.

This breach of trust was seen again when Salinas high school counselor, Gilbert Olivares, was recently taken into custody for allegedly taping his students engaging in sexual activity and inappropriately touching a student. According to the San Francisco Chronicle 14 videos have been found on Olivares’ computer that were allegedly filmed with a hidden cell phone in his office. The videos were all filmed in his office between August 2010 and October 2011, and involve at least eight male and female students. Further, three male students have alleged that Olivares inappropriately touched or molested them.

34-year-old Olivares was an employee of Sunrise House, an organization that counsels teenagers regarding substance abuse. Although he had been working in the school for five years he was not an employee of the school district. The San Francisco Chronicle reports that he now faces 53 charges which include lewd acts upon a child and manufacturing pornography. He has pled not guilty to all charges.

In San Francisco last week, SF StreetsBlog SF StreetsBlog reported that a bike and a car collided after both made a right hand turn. According to the report, the bicyclist, Ian Long, claimed the driver of the car was following aggressively behind him and swung to make the right turn around him, then slammed on his brakes making the bicyclist crash into him. The bicyclist sustained injuries to his hands. However, when asked if he might bring legal action he responded that he did not have sufficient funds for a lawyer.

Brod Law Firm takes injury and product liability cases on a contingency fee basis. Because we work on contingency, if we do not recover monetary damages for you, you do not owe us any legal fees. Contingency fees allow greater access to the legal system to those who otherwise could not afford it. The Brod Law Firm takes pride in offering an ethical and reasonable fee agreement to help its clients navigate courts and legal processes. Brod Law Firm works tirelessly to get the best settlement or judgment possible for every one of its clients. We specialize in vehicle accidents, pedestrian accidents, slip and fall, construction accidents, elder abuse, dog bites, product liability, toxic torts as well as other tort claims.

Injury victims face a strenuous ordeal and some may think a personal injury case may be more trouble than it is worth after already dealing with so much pain and hassle. However, Brod Law Firm works hard for you, so you can move on from the traumatic incident which caused you harm. We give personalized legal services to our clients and use our experience and energy to move cases forward to a quick resolution. As the case progresses, we communicate updates to our clients without barraging them with the stresses of a lawsuit.
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A San Francisco wrongful death lawsuit has been filed against California’s transit agencies and Jewish Family and Children’s Services (“JFCS”). The suit was filed by the family of Kenneth Chin, a dementia patient and resident of an area facility who died about a year ago of hypothermia. On February 25, 2011, Chin, who was 73 years old at the time of his death, boarded his daily shuttle to another facility for his usual daytime activities, but when the shuttle returned that evening, Chin was not aboard. Employees at JFCS called the police, and a search team spent several days searching the surrounding area. It was more than a week before Chin’s body was found in Lincoln Park, less than one mile from the facility where he lived. An autopsy demonstrated that Chin had died from exposure to the cold.

The suit makes allegations that San Francisco elder care negligence by JFCS and the shuttle transit company were the direct causes of Chin’s death. The complaint points to several ways in which the transit company’s failure to act with reasonable care contributed to this tragedy. First, the driver of the shuttle bus on February 25 was a substitute driver who was unfamiliar with the patients and their routines. Second, the driver of the bus that day could not speak English very well, which means that he may not have fully understood his instructions for transporting the patients. Because he was responsible for driving patients who lacked the mental capacity to get around on their own, it was crucial that he know exactly where each patient needed to be. Sadly, whether due to a language barrier or due to some other form of negligence by transit employees, the instructions regarding where Chin needed to be dropped off at the end of the day did not get communicated clearly. As a result, Kenneth Chin was let off the shuttle in a part of town that, in spite of its proximity to his home, he did not recognize. He was left to wander around in the cold for days and eventually froze to death. The suit also accuses JFCS of neglect for failing to notify Chin’s family of his disappearance for a full three hours after the fact.

Chin’s case is just one of several San Francisco nursing home abuse cases that have been in the news over the past few months. Although this very serious issue is getting more media attention, the state has not yet done enough to combat the growing problem of elder neglect. Studies have shown that a growing number of reports of abuse or neglect have been filed against those charged with protecting and caring for the elderly and the disabled. Unfortunately, many of those reports receive nothing more than a cursory investigation before being dismissed. The workers against whom these reports are filed are often still working with other patients long after complaints have been received. It is becoming increasingly necessary for family members to turn to the court system to put additional pressure on these agencies and facilities. Hopefully, more families will do what the Chin family has done and do their part to help put a stop to patient neglect in California.

As a long-time member of the Northern California community, our Oakland insurance coverage lawyer knows home fires are tragic. As a lawyer for Oakland insurance claimants, he also knows that a fire is often the beginning of a long fight for compensation. Two recent fires serve as a reminder that each fire, and hence each insurance claim, is unique.

Home fires can be sparked by a myriad of causes. The Oakland Tribune reported on an early morning blaze on Tuesday at the 900 block of 37th Street. Fire teams from the Oakland Fire Department responded to a call at 3:55AM and were able to put the flames out in relatively short order. The fire took place in a two-story, four-unit building and, despite being controlled in only fifteen minutes, displaced four residents. The fire was sparked by an old-fashioned oil lamp that a resident accidently knocked over while using it to provide life when preparing a late-night (or, perhaps more accurately, early morning) snack. After tipping, the lamp ignited curtains and grew beyond the resident’s control. Thankfully, the apartment resident was able to wake his neighbors by knocking on walls and doors. No one was harmed in the fire.

A second fire also occurred in the early morning hours, this one on the 800 block of Page Street in Berkley. The fire caused damage to a residential art gallery and displaced two individuals from their housing. While battling the blaze, called in at 3:23 AM and extinguished at 4:08 AM, two firefighters incurred minor, undisclosed injuries. No estimates of the damages have yet been released and the cause remained under investigation at the time of the Oakland Tribune report.