San Francisco Injury Lawyer Blog

Oakland Bicycle Fatality Reminds Residents of the Need to Share the Road

April 11, 2012 | Gregory J. Brod

The beautiful climate is one of the many factors that make Northern California a great place to call home. It also means that bicycling can be a great transportation option that saves money, is friendly to the environment and has terrific health benefits. Unfortunately, this also creates the danger of Oakland bicycle accidents. Cyclists and drivers share the responsibility for making the roads safe for all residents and helping to avoid Oakland traffic accidents.

According to The Oakland Tribune, an accident claimed a life of a cyclist on Sunday night at the intersection of Bancroft and 78th Avenues. The unidentified fifty-one year old cyclist was travelling southbound on 78th when he was hit by an SUV that was backing up in the eastbound lanes. It is unclear whether the Dodge Durango was exiting a driveway or was reversing for another reason. The forty-five year old driver, who remained at the scene of the accident, is from Oakland but his name has not been released. The bicycle rider was taken to a hospital but died from his injuries. Alcohol does not appear to have been involved in the incident.

Statistics compiled by the National Highway Traffic Safety Administration found 630 cyclist fatalities occurred nationwide in 2009. This represented two percent of all motor vehicle fatalities. The report also found that 51,000 rider were injured in motor vehicle traffic crashes in 2009. This number may be low since it only takes into account reported incidents. Accidents in California accounted for ninety-nine of the 2009 cyclist fatalities, making California the state with the second highest number of bicycle rider deaths. Across the nation, seventy percent of all fatal bicycle crashes occurred in urban areas and seventy-two percent of incidents occurred between 4 A.M. and 8 P.M.

Legal Battles in the Wake of Chevron Oil Spill in Brazil

April 8, 2012 | Gregory J. Brod

Legal Battles in the Wake of Chevron Oil Spill in Brazil Our San Francisco oil accident lawyer has been following the legal battles resulting from an oil spill. The spill occurred in November 2011 in an area offshore of Brail known as Frade Field. Chevron had a $3.6 billion project running at the time the spill occurred and approximately three thousand barrels of crude oil escaped into the Atlantic Ocean. Notably, the project had been proceeding under strict scrutiny in the wake of the 2010 Macondo spill that occurred in the Gulf of Mexico.

Criminal charges have been formally filed against Chevron and Transocean executives relating to the oil pipeline leaks. Investigations suggest that the companies used excessive pressure while drilling in the Frade field area. Prosecutors also charge that Chevron used faulty equipment and failed to meet industry requirements that aim to prevent and counter spills. Individual executives, including George Buck who is the head of Chevron’s Brazil operations, have been charged with obstructing the post-spill investigations. Those charges can carry prison sentences of up to thirty-one years.

Overall Brazilian authorities suggest that Chevron acted carelessly when it carried out operations at the Frade site. Prosecutors in Brazil are asking Chevron and TrasnOcean to pay $5.5 million and are seeking penalty payments of around $549,100 from individual executives. Chevron has denied all charges involving the company and its representatives. The judge in the case has ordered that certain executives may not leave Brazil without specific permission from the court.

Most Californians Don’t Have Earthquake Insurance

April 6, 2012 | Gregory J. Brod

As San Francisco insurance claim attorneys we know that even when you have insurance coverage, sometimes it is a struggle to get money from claims. Insurance companies are run for profit, and the more claims they can reject for whatever reason they can find, fair or unfair, the more money will go towards their profits. This blog has covered what can happen to property owners when insurance companies use their tricks over fires, wind, and floods. But Californians also have earthquakes to contend with, and like flood insurance, most general homeowner’s insurance policies do not cover earthquake damage. Although a serious earthquake has not occurred recently, a 7.4 earthquake last month in Mexico should have people thinking about protecting their property. News sources have been speculating for the past few years about when California is due for the next “Big One” and how much damage it could do.

A recent article in the Orange County Register stated that 88 percent of private homeowners and 90 percent of business owners in California do not have earthquake insurance. This saves between $400 and $1200 in premiums a year. Earthquake insurance has become more expensive in the last decades after the Loma Prieta earthquake in 1989 and the Northridge quake in 1994. The Northridge quake caused an estimated $19 billion to $29 billion in damages and caused premiums and deductibles to rise. Since the devastating Northridge earthquake 17 years ago, the average Orange County homeowner has saved about $8500 to $17000, but that money will pale in comparison to the costs of rebuilding if another serious earthquake strikes. At that point, your deductible is basically 100 percent if you have no insurance. Also, many people are not aware of the fact that mortgage holders are still responsible for paying their mortgage even if their house is completely destroyed.

Many Californians could be in the terrible position of paying to rebuild their house while still paying a full mortgage.

Pedestrian Dies after Collision with Cyclist

April 6, 2012 | Gregory J. Brod

Bicyclists are everywhere in our city. Unfortunately, that means that bike accidents occur here at higher rates than in many other parts of the country. As San Francisco bike crash attorneys know, as a result of the minimal protection available, these types of accidents often result in horrific injuries for cyclists, often caused by the negligence of others on the road. However, it should not be forgotten that cyclists can also cause severe injury to others when they do not exercise proper care.

For example, in the past year there have been two fatal collisions between a bicyclist and a pedestrian in San Francisco. According to the San Francisco Chronicle, one of these unfortunate accidents occurred on the morning of March 29th when cyclist Christ Bucchere hit pedestrian Sutchi Hui, 71. Hui was walking in the crosswalk at Market and Castro in San Francisco when Bucchere hit him riding in the opposite direction. Hui died four days later at San Francisco General Hospital.

In an online post allegedly written by Bucchere, he admitted to entering the intersection after the traffic light had turned yellow because he was “too committed to stop”. By the time he reached the crosswalk on the opposite side of the intersection the light had turned red and pedestrians had started crossing in both directions. Unable to ride through the crowd safely he decided to lay the bike down and ended up plowing through the people in the crosswalk. Both cyclist and pedestrian were hospitalized after the accident, although Bucchere was discharged that day. Apparently Hui was the only pedestrian injured in the incident.

High School Counselor Faces Sexual Abuse Charges

April 5, 2012 | Gregory J. Brod

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.

Fatal Oakland Campus Shooting

April 4, 2012 | Gregory J. Brod

On Monday Oakland made national headlines when a shocking fatal attack occurred at the small Christian college Oikos University. According to the San Francisco Chronicle, the gunman was 43-year-old One Goh, a disgruntled former student. Goh allegedly went to the school to target a female school administrator that he believed had played a role in his dismissal from the school. When Goh realized that the administrator was not on the campus he began randomly shooting into classrooms and offices, killing seven people and leaving others injured.

Goh fled the scene and was arrested an hour and a half after the shooting in a Safeway store in the nearby city of Alameda. The allegedly mentally unstable Goh had approached a customer service counter at the store and stated he had just shot several people. Goh was booked at the Santa Rita Jail on Tuesday on suspicion of murder and attempted murder. If he is charged with multiple murders he will be eligible for the death penalty or life without parole.

When a loved one is lost under such unimaginable circumstances it is difficult to think about anything, much less whether their death was the result of another’s negligence. The focus of all those affected by this and similar tragedies needs to on remembering the loved one and mourning the loss.

Innovations that Take the Pressure Off Drivers

April 3, 2012 | Gregory J. Brod

Lately, there has been a lot of buzz around GM’s bounce back from the brink of death and the future of its Chevy Volt. This year the focus has shifted somewhat to the fruits borne by research and development departments of companies like Volvo and Google. Both recently showed off innovations that take some off the pressure of drivers, hopefully increasing safety on the roads.

Volvo was one of seven companies, along with the European Commission, to fund research in the SATRE project. SATRE stands for Safe Road Trains for the Environment, and refers to a train of semi-automated cars controlled through sensors and cameras by a lead driver. In January 2012, SATRE successfully conducted its first field test of a “platoon”, in which a larger lead vehicle controlled a line of cars behind it as it drove along the motorway. The SARTRE project claims that the semi-automated trains of cars could save up to 20% in energy expenditures per car. The train could potentially reduce congestion and allow drivers to participate in activities that are usually deemed dangerous when behind the wheel, such as reading, eating, and playing on media devices. When drivers choose to leave the train they send a signal to the lead car, which then provides a space gap for the car to exit. SATRE plans for the trains to use existing infrastructure and consumer vehicles for the project to make it easier to expand. The goal of the project is firstly to reduce traffic congestion and energy costs. Secondly, it aims to increase safety on freeways, as driver error is responsible for 87% of all accidents and the project decreases the need for the driver to constantly stay alert.

Volvo has also promoted automated technology within its own company. In March 2012, it showed the Volvo V40 at the Geneva Motor Show. The car has sensors in its grill that detects the distance of objects from the front of the car, and is meant to prevent crashes with pedestrians. If the sensors predicts a possible impact it beeps an alarm to the driver. If the driver does not respond, the car automatically brakes. In the unfortunate event that the Volvo does hit a pedestrian with its front bumper, a pedestrian air bag inflates from the hood and covers one third of the windshield to limit head injuries to the pedestrian. The hood also lifts somewhat to increase the hood’s absorption of force and decrease injuries. This type of airbag works well in sedans, and the company AutoLiv has tested front edge airbags and bumper airbags on SUV’s, which impact pedestrians’ abdomens more than their head. The study Injury Mitigation in SUV to Pedestrian Impacts found that these airbags reduced injuries to the upper abdomen by more than a third and in some instances by half.

Google is also looking for technologies that make driving safer and more convenient. It publicly debuted its self-driving car in March 2011, but attracted a lot of attention last month when the Los Angeles Times reported that one of its cars took the blind Steve Mahon for a ride. The car chauffeured Mr. Mahon through city streets to grab a bite at Taco Bell and pick up his dry cleaning. The self-driving car could make driving safer on both urban roads and highways by automating the route. Nevada was the first state to legalize self-driving cars on its roadways in February 2012.
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Barriers in Class Action Lawsuits

April 1, 2012 | Gregory J. Brod

A class action lawsuit is a type of litigation where a large number of people with a common interest in a matter sue or are sued as a group. This type of legal action provides a convenient way to resolve disputes between large numbers of individuals with similar interests in one case. San Francisco class action lawyers know that class action lawsuits not only save the court time, but they can also be one of the only ways that litigants are able to bring realistically hold certain big interests accountable for their conduct.

Under Rule 23 of the Federal Rules of Civil Procedure, class action lawsuits can be seeking money damages or other remedies. Under the rule unnamed class members to a class action are bound by the judgment. However, in order to be bound the unnamed class members must be given adequate notice, adequate representation, and adequate opportunity to opt out before judgment. If you believe that you could be a member of a class action lawsuit it is advisable to contact a San Francisco class action attorney to determine your rights.

The issue of class action lawsuits recently made the news when AT&T lost a suit to wireless subscriber Matt Spaccarelli. Spaccarelli sued the company for slowing down his wireless service after he used 1.5 to 2 GB within one month in his unlimited data plan. Spaccarelli won his suit and was awarded $850, but AT&T was not forced to change its policy of slowing down service in unlimited plans. According to CNET it was not that Spaccarelli won that was surprising, but rather the fact that he was unable to bring a class action lawsuit against the wireless giant due to a clause contained in most wireless provider/subscriber contracts.

More Bad Behavior from CitiApartments in San Francisco

March 30, 2012 | Gregory J. Brod

death%20sign.jpg CitiApartments, owned by the Lembi family, will be facing yet another lawsuit according to KTVU.com. The news site reports that Rory Moore (62) recently died when she fell through a flight of rotting stairs in her apartment building. The three story fall left her with serious kidney damage, which caused her death after weeks in intensive care. Tenants said they previously complained about the state of the stairs. One resident even fell through the stairs before the Moore incident. The resident said that after he complained the landlords responded by bolstering that particular stair only.

Skyline Realty, a real estate company that does business under many names, including CitiApartments has seen a dizzying list of complaints. From news articles like The Scumlords: Neglect and Despair, which appeared in the San Francisco Bay Guardian, to outraged Yelp reviews to lawsuits and complaints to the San Francisco Tenant’s Union the company has been facing bad press for years.

CitiApartments has been involved in at least 56 lawsuits in San Francisco Superior Court since 2003. One of those lawsuits was brought by city attorney Dennis Herrera in 2006 for “unlawful, unfair and fraudulent business practices” relating to the management of multiple properties in San Francisco. The city’s complaint alleged that CitiApartments was using intimidation tactics to convince residents with rent controlled apartments to move, so the company could upgrade the apartments and raise rent. It also cited violations for blocking entry to home care providers, illegally entering and inspecting apartments, and carrying out construction work that did not meet the Department of Building Inspection’s standards. The city successfully brought the suit to a close in March, 2011 with a settlement that imposed up to 10 million dollars in fines on CitiApartments. The settlement also placed an injunction on CitiApartments from further conducting the unfair business practices named in the complaint. City Attorney Dennis Herrera specifically stated in a press release that CitiApartments must respond to tenants’ request for repairs within 72 hours, which appears to be disputed in the case of Rory Moore.

The Great Recession of 2008 took a heavy toll on CitiApartments forcing it to declare bankruptcy and to give up many of its over-leveraged properties. According to an SF Examiner story, tenants did not complain much of intimidation tactics after the city’s lawsuit, but did complain about electricity and gas shut offs that occurred because CitiApartments had not paid its bills to PG&E, as happened to other property management companies during the recession. Tenants had to pay or negotiate with PG&E themselves or live without light and heat, unsure when service would be restored. In addition, many former tenants have complained that CitiApartments illegally kept their security deposits, citing flimsy reasons to keep the deposits when tenants moved out or simply saying the company was insolvent and could not pay the security deposit.

The bulk of CitiApartments bad press flooded out from 2006 to 2010, but this latest accident brings complaints about CitiApartments unfair business practices and the poor state of many of its properties to the fore once again.
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National Health Care Insurance Debate and How it Affects California

March 29, 2012 | Gregory J. Brod

As the entire country watches to see what happens with the Affordable Care Act (Obamacare) at the US Supreme Court this week, Californians have their own ideas about the future of California health insurance law. The most controversial part of the federal law is the “individual mandate” requiring people buy insurance. The law was supposed to bring 32 million more Americans into the health care system-four million in California alone. Just as in the country at large, Californians have very mixed feeling about the bill-strong supporters and opponents have been voicing their opinion of the measure.

Republican Assemblyman Tim Donnelly recently introduced a bill that he said would nullify the Affordable Care Act in California. Mr. Donnelly said his bill would amend the California Constitution to prohibit federal, state, or local law from forcing a person or business to buy health insurance or impose penalties if the person or business does not do so. The Assemblyman is essentially making the conservative case against this bill, similar to the case being made against it this week in Washington. Mr. Donnelly said, “The underlying principle is that deciding who you want to provide your health care or where you want to buy insurance or pay as you go ought to be left up to the individual. That’s a personal decision.” The conservative justices on the Supreme Court seem to be agreeing with this line of reasoning, although no one will know for sure until the judgment is handed down sometime in June.

However, California was the first state to set up a health insurance exchange when it passed the Health Benefits Exchange, which was signed into law in 2010 and will be up and running in 2014. So even if the Affordable Care Act is struck down by the Supreme Court, Californians will still have access to affordable health insurance options. And health insurance costs will still be subsidized by the state government for low income consumers. Peter Lee, the executive director of the California insurance exchange, said that if the Affordable Care Act is struck down, California will lose federal subsidies for the exchange but that the state would press on regardless. Mr. Lee said, “We need to have resources to provide a way for consumers to make better choices and that support and interest will be there no matter what happens with the Supreme Court.”