San Francisco Injury Lawyer Blog

Guilty Plea in Fatal Hit-And-Run: The Aftermath of a Pedestrian Fatality

December 2, 2011 | Gregory J. Brod

At the Brod Law Firm, we are attorneys for Oakland car accident victims. We represent individuals injured in Oakland car crashes and those who lose a loved one in an automobile crash throughout Northern California. Sadly, car crashes continue to impact the lives of too many innocent residents of our region. The Oakland Tribune reported on one such tragedy this week bringing attention to the sad truth that automobile accidents remain a serious danger.

ped%20sign.png The Tribune report focused on the criminal trial of a San Bruno driver who pled guilty this week to a fatal hit-and-run. It was 1:35AM on February 20 when twenty-eight year old Scott Garrigan was killed while crossing Skyline Boulevard near Sharp Park Road. Leonard Nierras Tobilla, 58, hit Garrigan and then left the scene. Tobilla did not pull over and did not immediately call the police but did call his insurance company when he arrived home. The company advised him to return to the scene and Tobilla turned himself into authorities about 40 minutes later. His blood alcohol level was elevated at .06 but was below the legal limit of .08. The initial charges included a DUI count which was later changed to reckless driving involving alcohol. A second driver also hit Garrigan after the first crash, fleeing the scene and turning himself in four days later. This driver was not charged with a crime although it is not clear which impact caused the fatality. Reports indicate that the area was dark with no crosswalk in the vicinity and that the victim had a .23 blood alcohol level at the time of his death.

Statistics compiled by the National Highway Traffic Safety Administration show that the number of pedestrian fatalities in vehicle accidents declined steadily between 2005 and 2009. Despite our driving-centered culture, California’s overall pedestrian fatality rate (fatal accidents per 100,000 population) is lower than the national average. While these numbers show positive trends and show that most Californians are responsible drivers, every fatality represents a very real individual and every fatal accident is a tragedy. These numbers also do not include accidents resulting in non-fatal injury to pedestrians, accidents that are significantly more common. Non-fatal pedestrian accidents can have a very real, and sometimes quite severe, impact on the victim.

Health insurance for Small Business Owners

December 1, 2011 | Gregory J. Brod

Our firm’s San Francisco insurance attorney knows that there are a lot of small business owners in our community, and that employee health insurance accounts for a significant amount of these local business’s costs. Often, health insurance is second only to payroll as a business’s greatest expense. Usually, small business owners have an insurance broker who sets up the company’s health insurance, and that broker earns a commission on the premiums on that account. This creates a disincentive for brokers to find ways to decrease expensive premiums for the business owners because that would decrease their commission.

The new federal healthcare legislation, the Affordable Care Act stipulates that insurance companies have to spend at least 85 percent of premiums on claims for employers with at least 50 employees, and for individuals and small business with less than 50 employees, at least 80 percent must be spent on benefits and improving quality for the customer, to avoid the medical loss ratio from things like broker commissions. The new law also requires that insurance companies publicly report how they spend premiums, so consumers can see how much of their money is spent on medical care and how much is used for administrative purposes.

A smart business owner will talk with their insurance broker and ask how the broker is working to decrease the business’s health insurance costs. The amount and type of insurance claims made by the employees determines the premiums, and therefore the cost to the company. By asking the insurance company for this data on medical claims, a business owner can see where costs need to be lowered and by knowing the problem, can more easily determine effective solutions.

Sacramento Elder Abuse Lawyer Comments on Fall Prevention in Nursing Homes

December 1, 2011 | Gregory J. Brod

According to The National Center for Injury Prevention and Control, accidental falls are the number one cause of both fatal and non-fatal injuries in adults older than 65. Of falls among older adults, most occur in nursing homes. Research conducted by The National Center for Injury Prevention and Control found that although only about five percent of adults 65 and older reside in nursing homes, older adults in nursing homes account for twenty percent of deaths from accidental falls from this age group.

On average, a nursing home reports 1.5 falls for every bed in the establishment. This statistic, of course, does not include unreported falls that occur in nursing homes. Nursing homes have higher fall rates due to the relatively fragile population that resides there. Most elderly people move to nursing homes precisely because they cannot take care of themselves properly and are at risk for injuring themselves.

Nursing homes must adhere to the standard of care when providing services to their patients. For instance, a nursing home must implement and educate its staff about proper procedures for preventing or following-up on a fall incident in the nursing home. These procedures must measure up to the standard protocol implemented by other nursing homes under similar circumstances.

If you or your family member is living in a nursing home, it is advisable to investigate both the nursing home’s strategies to prevent falls and its follow-up procedures in case of a fall, as between half and three quarters of older adults in nursing homes fall each year.

Here are some tips to use when evaluating a nursing home:

• Be sure that the nursing home educates both staff and residents about common reasons for falls and ways to prevent bad falls.

• Ensure that the nursing home is well-lit and free of obstacles. Check that it regularly inspects items of common use and that it has an appropriate number of sturdy physical aides, such as handrails. Remember that 16% to 27% of falls in nursing homes result from environmental hazards.

• Ask about accessibility to call lights in case of injury or other cause for alarm. Also, look to see that beds and toilets are an appropriate height, making them easier to use.

• Pay attention to patient apparel. Residents of nursing homes should wear non-slip shoes or slippers.

• Make sure that the nursing home carefully reviews patients’ prescribed medicines to minimize disorientation and confusion. It should update prescriptions on a regular basis, including eyeglass prescriptions.

In addition to policies for fall prevention, nursing homes should have strict procedures following a fall incident. Post-fall procedures should include:

• Immediate assessment of the patient to look for medical conditions that may have contributed to the fall, as well as increased observation of the patient for 48 hours after a fall to watch for injuries that may appear after the fact.

• Inspection of the fall area for physical hazards.

• Identification of high risk or previous fall victims to staff and with clearly delineated precautions for such residents.

Falls that occur in older adults cause monetary and emotional damages. For instance in 2000, falls in older adults cost the U.S. health care system 19 billion dollars. Additionally, falls are the most common cause of traumatic brain injuries in older adults, which heavily affects physical and mental functionality. Previous falls may make older adults anxious, decreasing their independence and activeness, and leading to feelings of helplessness.

If you feel that a loved one’s physical well-being is at risk because of bad practices at a nursing home, consider contacting a lawyer to advise you on preventing elder abuse. Please call for a free consultation at (800) 427-7020.

Greg Brod is an experienced personal injury lawyer practicing in the San Francisco Bay Area and surrounding regions. Mr. Brod fights against inadequate conditions in nursing homes across Northern California.
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NTSB Finds Pilot’s Failure to Exercise Proper Care Led to Palo Alto Plane Crash

November 30, 2011 | Gregory J. Brod

Perhaps it is because air travel is generally among the safest modes of modern transportation that Northern California aviation accidents capture our attention. Plane accidents, such as one recently investigated in our region, are often tragic. The aftermath of an aviation accident requires intense investigation by both industry and legal experts. While some plane crashes go unexplained, often one or more causes can be identified. With the guidance of a skilled San Francisco plane accident attorney, victims in our region can pinpoint the parties and fault and recover compensation for their losses.

Tuesday’s San Francisco Chronicle provided an update on the crash of a small plane in February 2010. Doug Born held both a commercial pilot’s license as well as a flight instructor license. He was piloting a Cesna 310, with his colleagues Brian Finn and Andrew Ingram onboard, when the plane collided with high-tension wires and a sixty-foot transmission tower. All three of the men were killed when the plane broke into pieces after impact. While these losses are tragic, it is fortunate that the disaster was not compounded by injuries on the ground when pieces of the plane fell in a residential area of East Palo Alto that included a home-based day care.

The National Transportation Safety Board (“NTSB”) is the federal organization tasked with reviewing aviation accidents. Last week, the NTSB concluded their investigation into the crash and attributed the incident to the pilot’s actions. They found that the plane was in working order, citing recordings that showed the propellers were operational and other related evidence. The NTSB noted that the control tower had warned Born against taking off during heavy fog. The tower released the plane but cautioned Born that the controller could not see the runway and that the pilot was operating at his own risk. Additional comments in the report show the NTSB concluded that Born failed to follow proper and standard departure procedures and also did not maintain the altitude necessary to avoid the power lines. The Chronicle story further references recordings of witnesses watching the crash and notes that the incident was also captured by the Palo Alto’s gunfire detection system.

Sacramento Attorney Comments on Finding Justice for Victims as a Pastor Faces Charges of Sexual Abuse of Children

November 28, 2011 | Gregory J. Brod

It isn’t the type of story we like to think about during the holidays. It isn’t the type of story that we like to hear about any time of the year. It is, however, the type of story we must talk about because talking about hard stories is the only way to bring perpetrators to justice, help victims move forward, and give potential future offenders notice that their behavior will not be tolerated. This sad story is also an opportunity to remind the community that we are trained and prepared to act as attorneys for victims of sexual abuse in Sacramento and throughout Northern California. We cannot erase the past, but we can help victims put the pieces back together and recover financial damages that will help them afford counseling and other necessary treatments.

This past week, as headlines about the sexual abuse scandal at Penn State dominated the national press, a local courtroom investigated sexual assault accusations against a pastor in Citrus Heights. The Sacramento Bee reported that Tommy Jean Daniels, 49, is on trial for 12 counts of child molestation. Daniels is a preacher at Rio Linda First Baptist and the charges, ranging from 2003 to 2005, relate to a home-based child care business run by his wife. Of the five alleged female victims, four were adopted children with troubled histories whose adoptive families placed them in the care center on the advice of social service professionals. The fifth was a child placed in the center for day care while the parents worked. Daniels has continued to assert his innocence, with his attorneys suggesting the children have a history of lying.

We do not know the truth of the Daniels case, but we do know that too many children (and adults) suffer sexual abuse. Despite the “Don’t Talk to Strangers” campaigns many of adults recall from our own childhoods, the majority of perpetrators are people victim knows and trusts. California law is particularly strict on cases of statutory rape, setting the age of consent at 18 (except when the parties are married) with a tiered system imposing harsher criminal penalties where a greater age gap exists. Harsher penalties also apply when the perpetrator is over 21 and the victim is under 16. These are strict liability cases in criminal court, meaning the prosecution only needs to prove the sexual act occurred and consent is not at issue.

California Strict Liability Law Promotes Owner Accountability in San Francisco Dog Bite Cases

November 26, 2011 | Gregory J. Brod

Basketball%20Biter.jpg The Center for Disease Control reports that each year 4.7 million Americans are victims of dog bite attacks. Attacking dogs may puncture a victim’s skin, requiring stitches and leading to risk of infection. Dog bite incidents also cause psychological stress that usually creates fear in the victim of strange dogs in public or private spaces.

800,000 victims seek medical attention for their dog bite related injury, and of those, 31,000 of undergo reconstructive surgery to treat disfiguring scars. The most harrowing injuries occur in cases of attacks to the head and face. Children from the ages of five to nine are the most common victims of serious dog attacks to the head and neck area.

If you or your child is the victim of a dog bite, it is critical that you make a report to the animal control authority in your area. A timely report promotes public safety and also provides important evidence in any hearings related to the dangerous dog. Victims should also seek medical attention to prevent infection or other disease and to help document the incident.

In many states, a dog bite victim must prove that a dog owner had previous knowledge of a dog’s vicious tendencies or that the owner was negligent in preventing an attack. Examples of dog owner negligence include violating leash laws or failure to warn of a dog’s bite triggers.

However, California law imposes strict liability on dog owners. An owner is 100% liable for their dog’s actions, except in cases of intentional provocation. A dog bite victim will not be required to prove that a dog’s owner knew the dog was aggressive or that an owner was negligent to recover damages in a civil case.
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Bicycle Crash Kills Pedestrian, Cyclist Facing Manslaughter Charge

November 25, 2011 | Gregory J. Brod

As a San Francisco personal injury law firm, the team at The Brod Law Firm knows that it is vital for all individuals who travel on our roadways to exercise care and obey the law. We have experience as attorneys in San Francisco bicycle accidents and we know the importance of safety on two wheels as well as four. We represent bicyclists harmed by automobiles and believe in helping riders recover when they are harmed by a careless driver and helping families recover when the cyclist’s life is lost in the collision. However, a recent story in The San Francisco Chronicle reminds us that bicycle riders also have a duty to obey the law when they ride and that the failure to take care while cycling can have dire consequences.

On July 15, sixty-eight year old Dionette Cherney was crossing Mission Street. She was in the crosswalk, along with her husband, when she was struck by Randolph Ang who was riding his bicycle north on the Embarcadero. Cherney suffered head wounds and died in the hospital a few weeks later. Ang faces misdemeanor vehicular manslaughter charges pursuant to allegations that he ran a red light, causing the crash. Although the prosecutors do not believe Ang intended harm and have not suggested he acted with gross negligence, the district attorney’s office felt it was important to prosecute Ang for failing to obey traffic laws and to remind the community that bicyclists are not immune from legal obligation.

In California, as in most areas, bicycle riders are subject to all the rules and regulations that apply to automobile drivers. This includes the duty to obey traffic signals and the laws regarding driving under the influence of alcohol or drugs. Bicycles should be ridden in bicycle lanes where available. Otherwise, with limited exceptions involving single-direction traffic and cyclists preparing for a left turn, bicycles travelling below the speed of automobile traffic should remain toward the rightmost side of the roadway. Cyclists are required to yield to pedestrians in crosswalks. Helmet use is mandatory for bicyclists under age 18 and strongly recommended for all riders.

California Insurance Law Fraud Basics

November 25, 2011 | Gregory J. Brod

Insurance%20Fraud.jpg Whether you are a small business owner or simply an individual in need of information about California insurance law issues, the Brod Firm hopes that this blog is informative and helpful. To start this new blog, our San Francisco insurance lawyers want to give an introduction to the basic topic of insurance fraud, a common type of occurrence that many community members think of when they consider insurance law.

A recent article in the San Francisco Chronicle called insurance fraud one of the oldest types of fraud recorded in history, citing an example of an ancient Greek ship sunk by its owner to collect insurance money. The article also reminded readers that insurance fraud continues to be pervasive and affects us all, whether as a policyholder or as a shareholder in an insurance company. There are two basic types of insurance fraud depending on the fraudulent party, either the buyer or the seller of the insurance. The buyer can try to manipulate the insurance process to his or her advantage to try to obtain something that he or she is not entitled to. The seller can also try to game the system unfairly to maximize profit. And insurance fraud affects everyone in the insurance system, including innocent parties, because insurance is built on a community of people pooling together to spread the risk. One instance of fraud can affect the costs and risks of everyone in the community.

In California, the Department of Insurance’s Investigation Division deals with customer complaints about unlawful activity by insurance companies. The Investigation Division can send cases documenting serious violations for either administrative or criminal prosecution. Administrative remedies include things like suspending or revoking insurance licenses, restitution to the injured party, and fines or penalties.

Helping Residents with California Insurance Law Issues

November 23, 2011 | Gregory J. Brod

We are proud to announce the start of the Insurance Lawyer Blog. This new online resource is intended to help residents throughout the country stay informed of relevant legal news affecting those who have insurance disputes, fraud, and all those who have concerns about insurance related legal matters.

Our California insurance law attorney is available to help residents across the country, and have extensive experience ensuring fairness, accountability, and redress are had in even the toughest of circumstances.

Please be sure to check this blog often to learn more about a variety of important national legal issues. Also, feel free to contact our trained legal professional to learn how we might be able to help in your case. We can be reached on our main website: www.brodfirm.com or by phone at 1-800-427-7020.

Holiday Message from your San Francisco DUI Accident Lawyers: Enjoy, Give Thanks, Be Safe

November 23, 2011 | Gregory J. Brod

In the spirit of Thanksgiving, attorney Gregory Brod and the Brod Law Firm team is grateful for the clients who trust us to guide them through the legal system and to help them through one of the hardest times in their lives. We appreciate you visiting the blog and reaching out to us when facing your own legal matters. We hope you all have a wonderful season and enjoy a lovely meal with loved ones this Thanksgiving.

As Northern California car accident attorneys, we are keenly aware that holiday gatherings often involve alcohol. We see the horrible consequences that arise when people make the decision to drive despite having had too much to drink. Statistics suggest that the largest number of alcohol-involved automobile accidents actually happen at Thanksgiving, rather than New Year’s Eve which many associate more directly with over-imbibing. Perhaps people make plans to avoid driving on New Year’s but neglect to take the same precaution on a day more associated with indulging on a big meal than alcohol. As a reminder, it is illegal in California to drive with a blood alcohol level of 0.08% or above. For a 140lb adult, this is typically the equivalent of three alcoholic drinks over a two hour period, an amount easily imbibed at a holiday meal. It is important to recognize that even lesser amounts can result in dangerous impairment. California does allow for DUI convictions at lesser amounts and the danger of accidents rises with even a small amount of alcohol in the driver’s system.

We are attorneys for victims of drunk drivers in San Francisco. We are experienced and able to help victims recover for the financial loss and emotional trauma that follow an accident. We also believe that every DUI accident is preventable. We would welcome a world in which no innocent Californians faced the trauma of an alcohol-involved car accident. We can help victims, but avoiding the accidents from the start is always better than addressing them after the fact. Please take caution this season, both by making alternate transportation plans if you are drinking and by being alert on the roads for other drivers who may not have exercised the same care.