San Francisco Injury Lawyer Blog

Danger on the Tracks: The Risky State of the BART Rail System

April 8, 2015 | Gregory J. Brod

We are proud to live in a city and a region that are committed to making public transportation a viable, workable option. Public transportation is good for the environment. It is also a healthy option since those using public transit are more likely to walk for a portion of their commute than drivers using their own private vehicles. Public transportation systems such as The San Francisco Municipal Railway (“Muni”) and Bay Area Rapid Transit (“BART”) also shape a region’s identity and promote a sense of unification. Nonetheless, public transportation accidents are an unfortunate reality. Even a single-vehicle crash can impact dozens of travelers. As a San Francisco public transportation injury lawyer, Attorney Greg Brod helps these victims. Whether dealing with a Muni crash in town or a BART accident anywhere in the region, Attorney Brod helps injured people recover the compensation they need and deserve.

Shining a Light on “BART’s Track Troubles”

On Monday, The San Francisco Chronicle published a column titled “BART’s Track Troubles Can’t Be Ignored.” The report, a must-read for users of the rail network, suggests that hazardous and/or deteriorating tracks may put the safety of thousands at risk. In recent years, public officials have focused on expanding BART’s reach and its operating hours; twin goals that may come at the expense of maintenance on existing lines. BART opened in 1972 (43 years ago). Since then, only about 20% of the tracks have been replaced. In contrast, federal officials estimate tracks have a 25 year life span while BART officials say tracks should last 20 to 35 years depending on location.

Northern California Flood Injury Lawyer Examines Two Flood-Related Threats: The Danger of Flooded Roads and Residential Mold

April 7, 2015 | Gregory J. Brod

flood Last month, Governor Brown proposed a $1 billion water-related relief plan. In the midst of a drought of staggering proportions, many were shocked to learn that more than half of the proposed spending is earmarked for flood-control. Weather.com explains: “Funding flood-control at the height of a crippling drought seems paradoxical at first glance, but Brown connected the drought to the potential for ‘extreme weather events’….[Brown stated] ‘all of a sudden, when you’re all focused on drought, you can get massive storms that flood through these channels and overflow and cause havoc.’” Further, California is geographically diverse and sees wide ranging weather conditions at any given moment. In light of these truths, our San Francisco flood injury law firm dedicates this blog entry to discussing two of the most common flood dangers: driving during floods and residential mold after a flood.

“Turn Around, Don’t Drown” – Floods & Driving

There’s one key rule that people should keep in mind when it comes to driving during flooded conditions – don’t. The title of the National Weather Service’s (“NWS”) campaign speaks for itself: “Turn Around, Don’t Drown.” According to the NWS and the Centers for Disease Control, flooding claims more lives each year than any other form of severe weather and more than half of all flood-related drownings involve a vehicle being driven into dangerous flood waters. It only takes six inches of water to knock an average person off his/her feet and two feet of water can carry away most vehicles (many are carried away by even less). Avoiding driving in flood conditions is always the smartest choice whenever possible.

Bicycle Safety in San Francisco

April 3, 2015 | Gregory J. Brod

One of the many things we love about San Francisco is the range of transportation options available to residents. While most commuters probably drive for some or all of their daily commute, plenty of opt for public transit and/or their own two feet. Others swap four wheels for two and commute by bicycle. We are proud to serve as a San Francisco bicycle accident law firm and to protect the rights of those injured in car versus bicycle collisions. In many, if not most, cases, these accidents are caused by an inattentive driver. We absolutely encourage drivers to make sharing the road safely a goal every time they drive. Even though fault tends to rest primarily with the car driver, we also encourage bicycle riders to follow smart commuting practices in order to keep themselves and others safe.

Chronicle Looks at the Most Hazardous Areas for Bicyclists On Wednesday, the San Francisco Chronicle reviewed a study looking at bicycle-vs.-car accidents in the city. The article notes that the city sees 75,000 bicyclists each year, a figure that works out to one in ten people in the city. Bicycling is a healthy commuting option, but sadly accidents involving cars and bicycles leave someone injured or dead, on average, once a day.

The Chronicle discusses information gathered by Zendrive, a driving safety blog that collected ten years’ worth of information using sensors in more than one thousand driver’s phones to map out the areas in San Francisco where a bicyclist-vs.-driver crash is most likely. Given that they are among the most popular routes, it is not surprising that downtown, the Mission, SoMa, and the Panhandle/Lower Haight area saw the most accidents. Driving offenses were particularly common in SoMa and the 19th Avenue corridor where drivers often speed and pull out their cell phones to pass the time when they are frustrated by unexpected traffic. For more details on the accident hot spots, see the Zendrive website.

California Bedbug Lawsuits: Damages, Compensation, and Class Actions

April 1, 2015 | Gregory J. Brod

It sounds like a silly rhyme — “Sleep tight. Don’t let the bedbugs bite.” — but for an increasing number of people bedbugs have become an all-too-real nightmare. Even a brief encounter with bedbugs can leave a person in a great deal of discomfort, a feeling that is only magnified when pleas for help go unheeded. Our San Francisco bed bug lawyer helps people who have experienced this distress, including tenants whose landlords ignored their pleas for a solution. Today’s blog entry looks at one of the more recent cases of bedbugs in California and then shifts focus to bedbug lawsuits looking at the types of damages available to bedbug victims and the possibility of a bedbug class action.

Senior Living Community Facing Bedbug Infestation Residents of one senior living facility in Desert Hot Springs are among the many Californians battling a bedbug infestation. KESQ, a CBS affiliate, reports that many residents of Linda Vista Senior Residences have found themselves covered in bedbug bites. One woman said her loved ones are afraid to visit, especially after a friend and the friend’s children spent one night with her and awoke to “bumps all over.” Desert Hot Springs is investigating conditions at the community and vows to help improve conditions. The City has also issued citations to the management company based on code violations although the article does not provide details/specifics on those citations.

Management at Linda Vista has begun to take notice of the problem but residents worry their response may prove ineffective. Representatives of the management company report that a pest control company has done an initial treatment and has plans for a second application and a follow-up visit. Residents, including many disabled seniors, had to wait outside during the treatment and returned to find clutter and belongings scattered throughout their units. Some pieces of furniture were deemed too infected to treat and the company disposed of those items. While management is providing some reimbursements for items that had to be tossed out, some residents who have limited financial resources say the money isn’t enough. In the words of one community member, “I respect they are trying but that’s all they are doing is trying.”

Sonoma Food Poisoning Lawyer on Food Safety Law and Allegations of Arsenic in Wine

March 31, 2015 | Gregory J. Brod

Mention Sonoma to a typical American and the conversation inevitably turns to the region’s most famous product – wine. Sonoma is much more than just a place to grow and enjoy some of the world’s best wines; it is a beautiful region that we are proud to call home. Still, in our view, enjoying a glass of wine is one of the best parts of being an adult and there is a special joy in drinking a wine from your hometown. While there’s always the danger of a hangover, a glass of wine should be a safe choice. We should all be able to rely on the safety of foods and beverages sold anywhere in this country and our Sonoma food safety lawyer is here to help those made ill by any form of foodborne illness.

Purported Class Action Alleges Unsafe Levels of Arsenic in California Wines A number of California wines and winemakers are currently at the center of a major class action lawsuit. As CNN reports, the suit was filed on March 19th with two California couples as the named plaintiffs. The plaintiffs say that people who drink the specifically named wines have become the “unwitting ‘guinea pigs’ of arsenic exposure.” The suit alleges that the defendants failed to warn consumers that the products, low-cost wines from well-known wineries like Korbel and Cupcake, contained a dangerous amount of inorganic arsenic. Further, the Complaint says there was 500% more arsenic than is considered acceptable in the wines and that the contamination stemmed from negligent and misleading actions by the defendant wineries.

On behalf of a purported class of wine purchases/consumers, the suit suggests that even a glass or two a day could lead to dangerous arsenic toxicity. Notably, the plaintiffs have not claimed any actual injuries or deaths associated with the wines. They are asking the court to award money damages and order changes in the defendants’ practices.

Holding Trucking Companies Responsible When Mechanical Issues Lead to Tragic Crashes

March 27, 2015 | Gregory J. Brod

Large trucks have the potential to cause terrible accidents. Whether the victim is an employee or a bystander, large truck accidents are frightening and tragic. The tragedy of a truck-related fatality is compounded when the investigation reveals that the incident could have been prevented. Maintenance failures are a major cause of preventable trucking accidents. Although we cannot turn back the clock, our Oakland truck accident law firm is committed to holding companies responsible when their actions (or inaction) leads to a preventable tragedy.

Mechanical Issues Eyed in Fatal Pittsburg Truck Crash On Monday March 16, a big rig truck slammed into a Pittsburg restaurant killing the driver. An investigation by ABC7 News suggests maintenance issues may have led to the incident. ABC 7 learned that Roby Trucking, the company that owns the truck involved in the accident, has received numerous violation notices from the California Highway Patrol (“CHP”). The records show a long history of problems involving safety and maintenance including issues with steering, brake, and other mechanical systems. A CHP inspection last fall found the company had an unsatisfactory performance in all categories. Two examples of problems noted in CHP records include a big rig driven despite a missing lug nut and another overloaded by 16,000 pounds.

The possibility that a mechanical failure led to the Pittsburg tragedy doesn’t seem to have come as a surprise to some current and former employees of Roby Trucking. An employee who spoke anonymously told reporters that he has seen a wide range of maintenance problems on company trucks including problems with the brakes, tires, and oil lines. Another individual, a former office manager with the company, said “It was about money. It was always about money. It was never about safety. It wasn’t about their drivers. It wasn’t about the public.”

Child Care Injuries in Northern California

March 25, 2015 | Gregory J. Brod

While our culture often defines success by looking at someone’s material possessions, our work reminds us every day that our own health and the well-being of our loved ones that truly matters most. From the moment your child is born, he/she matters more than any trendy smartphone or fancy car. Modern life often means entrusting children to day care providers. When this trust is violated, the child pays the price. Our Northern California child injury law firm in Sonoma, Oakland, and San Francisco works with parents and guardians to recover financial damages that can protect a child’s future after a daycare injury.

One Teen’s Impressive Courage Despite Daycare Injury Earlier this week, The Press Democrat profiled a courageous young man from Windsor. Jack is an 18 year old high-school junior and interested in day working in the public safety arena. In addition to being an athlete, Jack is part of the Rincon Valley Fire and Windsor Police Explorer Programs. While he works diligently, he has had to accept that certain career options are not possibilities. He envisions a career with the fire department but knows he could never be the type of firefighter who rushes to the scene of a fire and carries people trapped inside to safety. Jack is mostly blind.

Jack’s blindness is the result of violence he suffered when he was only 3 ½ months old. At that tender age, he was severely shaken by a daycare worker. Initially, his mother was told he would never walk or talk. Jack has fought hard to overcome his remaining challenges and no longer thinks about the woman who changed his life in an instant.

Oakland Apartment Fire Attorney on Civilian Deaths in Residential Fires

March 24, 2015 | Gregory J. Brod

Many of us have sat before a burning fire and marveled at its intricacy and beauty. While fire can be fascinating, it remains one of the most powerful and dangerous forces known to man. As described below, residential fires pose a greater threat to human lives than any other type of fires. When an apartment fire death results from a blaze caused by the negligent or wrongful acts (or failure to act) of a property owner/landlord, a wrongful death suit may be appropriate. Our Oakland apartment fire attorney works with grieving families to help them recover following these terrible tragedies.

West Oakland Fire Claims Two Lives

Early Saturday morning, a fire in a West Oakland apartment building claimed two lives. As reported in the San Francisco Chronicle, the Oakland Fire Department was called to the 600 block of 24th Street at around 3 A.M. and found smoke emanating from a two-story brick building. The property involved had been an armory before being split into two apartment buildings, one on 24th and one on 23rd. Flames spread from a unit in one building to apartments in the other.

An Injury Attorney’s Role in Hit-and-Run Cases

March 20, 2015 | Gregory J. Brod

Hit-and-run accidents are frightening — and frighteningly common. Hit-and-run victims are often afraid. Many of our clients tell us they worry that they will not only have to deal with their injuries, but that they will be stuck with the bill. As an Oakland hit-and-run injury lawyer, Attorney Greg Brod helps erase this fear by pursuing all avenues to ensure these victims receive the compensation they need and deserve.

Oakland Hit-and-Run Injures Five

The Oakland Tribune is continuing to follow the case of a hit-and-run accident that left five people seriously injured. On Monday, police responded to a crash at the intersection of 68th Avenue and MacArthur Boulevard in the Millsmont section of Oakland. Arriving on scene, emergency crews found a 1993 four-door Oldsmobile sedan that appeared to have been broadsided at high speed. Police believe that the driver of the other vehicle ditched his/her car and fled on foot, although that vehicle was gone from the scene when emergency officials arrived.

San Francisco Injury Attorney Examines Legal Standards for Emergency Vehicle Crashes

March 18, 2015 | Gregory J. Brod

Last week, we discussed the danger of fire trucks colliding with other vehicles. This post picks up where that one left off, looking at the California law on emergency vehicle crashes. In this entry, which encompasses all emergency departments (i.e. not just fire), our Northern California emergency vehicle crash lawyer focuses on crashes where an emergency official driving a department vehicle is at fault and a civilian is injured or killed.

A General Rule of Liability

Several provisions in California’s statutory law address emergency vehicle crashes. The most general provision, Vehicle Code Sec 17001, provides that a public agency is liable for death, injury, or property damage caused by the negligence or wrongful act/omission of an agency employee who is operating a motor vehicle in his/her official capacity. While this general rule makes agencies liable for accidents caused by an employee’s negligent or wrongful driving, the provisions that follow chip away at this liability.