San Francisco Injury Lawyer Blog

West Virginia Disaster Is Canary in Coal Mine Regarding Chemical Spills

January 11, 2014 | Gregory J. Brod

In a noxious introduction to a little-known chemical, 300,000 residents of nine counties in West Virginia were left without most of their drinking water Thursday after a storage tank ruptured at chemical plant, spilling 5,000 gallons of MCHM, or 4-methylcyclohexane methanol, into the Elk River. And San Francisco toxic tort attorney Gregory J. Brod would remind us that the disaster in the Mountaineer State, while local, has unsettling implications elsewhere in the nation.

According to The New York Times, the chemical spill occurred at a chemical plant owned by Freedom Industries that is located upstream from the West Virginia American Water Company, which supplies most of the household water in Charleston, the state capital, and the surrounding area. Because the contaminated water had already invaded the water company’s distribution system, the company’s entire system has to be flushed, a process whose timeline is undetermined at this point.

On Friday morning, residents learned that their tap water was unsafe for routine uses such as drinking, brewing coffee, brushing teeth or bathing, and local stores quickly ran out of their supplies of bottled water. But residents of Kanawha County, where Charleston is located, smelled a telltale sign that something was amiss the day of the spillage, when many reported a foul oder – similar to licorice – in the air. The National Guard had to supplement water supplies with shipped-in tankers of water that residents could take home in jugs.

Area schools were closed and businesses such as restaurants and hotels were effectively shut down. The state’s governor, Earl Ray Tomblin, ordered a ban on drinking, bathing and cooking with tap water in Charleston and nine surrounding counties. The federal government joined the governor in declaring a state of emergency in West Virginia.

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MCHM is used in the mining industry to wash coal, and its spillage into a river from a ruptured storage tank is a direct, obvious and nightmarish source of pollution. However, there are more insidious sources of water pollution that can emanate from extractive industries and are as much a cause for concern. And in the western United States, there is particular cause for worry, as the U.S. Environmental Protection Agency estimates that 40 percent of all the watersheds in the region are impacted by mining pollution, including residual mercury and acid mine drainage. The drainage occurs when acidic water leaks from mines, either active or inactive, when freshly extracted minerals are exposed to air and water.

The spillage of a toxic chemical used by an extractive industry such as coal mining is also a reminder that the current boom in the oil and gas industry as a result of enhanced drilling techniques – particularly hydraulic fracturing and its close cousin acidizing, which employ water and chemicals to separate hydrocarbons from rocks – are a cause for concern in states such as California where the new techniques are very much in evidence.
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Remembering a Child Lost: Bullying in California

January 9, 2014 | Gregory J. Brod

Many of us can recall being bullied at some point in our youth. The bullying might have been an isolate incident or a pattern that followed you through your school days and made school a lonely and sometimes frightening place. In 2014, bullying follows children and teens home and can become a 24/7 terror as technology allows the bullies to reach into what used to be a safe zone. In 2014, bullying can also be deadly, driving tormented young people to feel the only way out is by taking their own life. When bullying is extreme, a bullying lawsuit against the bullies, school, or others who turned a blind eye to the situation may be appropriate. Our California bullying lawyer can help victim’s families bring a civil claim seeking justice and sending a clear message that extreme bullying is not tolerable and cannot be brushed off as “kids being kids.”

Civil Litigation & Prevention Efforts Follow Death of Bullied California Teen

In September 2012, Audrie Potts took her own life. The fifteen year old hung herself in her mother’s home, a week after she got drunk at a party, was sexually assaulted, and pictures of her naked body covered in crude messages were taken and passed around her school. Her death has led to a legal dispute discussed in this week’s San Jose Mercury News, with the Pott family placing blame on three boys who attended Saratoga High School with Audrie. They filed a wrongful death suit against the boys and added a fourth defendant, a female classmate accused of being present during the alleged assault and encourage the boys to take the intimate photos, in September. In response to the claims, the boys’ representatives have made suggestions that Audrie’s home life was at least partially responsible for the tragic early end to her life. A professor at Golden Gate Law School, Peter Keane, calls the allegations, including claims that the man who raised Audrie was not her biological father, an “irrelevant smoke screen [and] attempt to get away from the main issue of whether or not the people being sued are responsible in any way for the loss of this child.” Lawyers for the defendants disagree, pointing to issues in Audrie’s family and a dispute with former friends as the primary factors leading to her suicide.

Pedestrian Safety Tips Following Series of Fatal Pedestrian Accidents

January 7, 2014 | Gregory J. Brod

Pedestrian safety is often on our minds as a leading San Francisco personal injury law firm. Sadly, it has also been on the minds of many in our region lately, with multiple pedestrian fatalities and pedestrian injuries marking the end of 2013 and the early days of 2014. We are proud to represent the wrongfully injured, but we are even prouder of our commitment to prevention and we felt this was an important time to share some pedestrian safety tips.

Pedestrian Accidents Mark End of 2013 and Start of 2014

We recently wrote about the death of an 11 year-old boy who succumbed to injuries incurred in a pedestrian accident in Sacramento on December 22. Unfortunately, the threat to pedestrians in our region continued through the late days of 2013 and the opening week of 2014, as documented by a report in last week’s Oakland Tribune. The final day of 2013 saw two pedestrian fatalities in two separate accidents. One of the incidents claimed the life of a 6 year-old girl and led to the driver being charged with both failure to yield to a pedestrian in a crosswalk and vehicular manslaughter involving gross negligence. The trend continued into 2014 and, on January 2 at approximately 5 P.M., police were called to the intersection of Bush and Leavenworth Streets after a car hit a pedestrian. The victim, described by officers as a man in his 20s, was taken to San Francisco General Hospital in serious condition with life-threatening injuries. Police are investigating and talking to the driver, who remained at the scene.

Elder Abuse Reports Don’t Always Lead to Elder Abuse Charges

January 4, 2014 | Gregory J. Brod

Our team continues to be concerned about the threat of elder abuse. We are glad to see that this problem has been getting more attention. Sadly, that attention does not seem to translate directly into a willingness to report and pursue legal cases against those who commit elder abuse. We understand the hesitancy to bring criminal charges, especially when the abuser is someone close to the senior. While we do believe the criminal prosecution of offenders is important, our Northern California elder abuse law firm also urges victims to consider a civil elder abuse claim which can allow them to recover monetary damages and put a stop to abuse without the added tension of a criminal charge.

Report Uncovers Reluctance to Bring Elder Abuse Charges

A report carried by Yahoo Canada last month focused on the small percentage of elder abuse investigations that eventually result in criminal charges in Canadian courts. Researchers found that out of 453 allegations of elder abuse handled by police in Ottawa during a five year span, only 17% resulted in actual charges. This is substantially lower than average, with 25% of probes across the board resulting in charges.

Report Dials Home Message That Cellphone Use and Driving Is a Risky Combination

January 3, 2014 | Gregory J. Brod

On the heels of the New Year’s celebration, we are well aware that drinking and driving make for a deadly cocktail, and yet every holiday there is a significant increase in the number of arrests for driving under the influence of alcohol and, unfortunately, the number of injuries and fatalities on roadways. And just as in the case of drinking and driving, San Francisco personal injury attorney Gregory J. Brod would point to another strong correlation that results in injury and death on our highways – cellphone use and driving.

The latter deadly combination was driven home through a study published New Year’s Day by the New England Journal of Medicine, as reported in the Los Angeles Times. In the NEJM’s report, the act of attempting to dial a phone while driving will increase the risk of a crash or near-accident more than any other type of distraction. Other related top risk factors for distracted driving that triggers an accident include reaching for a cellphone, texting or using the Internet, looking away from the road toward an off-road object, and eating.

Another factor from the study’s findings that increases the chances of a crash is if the driver is a novice. The report found that less-experienced drivers tend to be more prone to getting into trouble than their more seasoned counterparts because the former are often more inclined to try to do something other than paying attention to the road.
Some of the statistics from the report include the following eyebrow-raising numbers:

Novice drivers are 8.32 times more likely to get into a crash or near-crash when they are dialing a cellphone
Novice drives are 8 times more likely to get into a crash or near-crash when they reach for something other than their cellphone
Novice drivers are 7.05 times more likely to get into a crash or near-crash when they try to grab their cellphone
Novice drivers are 3.9 times more likely to get into a crash or near-crash when they are looking at an off-road object
Novice drivers are 2.99 times more likely to get into a crash or near-crash when they are eating

Interestingly enough, the one activity that drives up the risk of a crash or near-crash for experienced drivers is dialing a cellphone. In such cases, the odds of a seasoned driver getting into an accident or other trouble on the road are 2.49 times more likely. However, the report also found that the more experienced a driver is, the more likely they will take their eyes off the road for some reason. Apparently, that behavioral trait can be blamed on a motorist’s increased level of confidence as they gain more experience driving.
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New Year Rings in With Trio of Important Highway Safety Measures in California

January 2, 2014 | Gregory J. Brod

On New Year’s Eve, people bid the old year farewell and welcome the new year with hope and anticipation. It’s safe to say, however, that few are aware of the new laws that await them come New Year’s Day. And the latest spate of new laws in 2014 has San Francisco personal injury attorney Gregory J. Brod particularly interested in three that will impact motorists and, potentially, the safety of their passengers and those who cross the path of motorists.

New Mandates in Force for Limousines
One of the most notable new laws taking effect Jan. 1, SB 109, directly pertains to the safety of motor vehicle passengers, or more specifically, the passengers of limousines. The bill, according to the Sacramento Bee, will require drivers of limousines to provide safety feature instructions to passengers. The measure also mandates that limousines have at least two doors and at least one push-out window that would function as a safety exit starting in either July of 2015 or 2016, depending on whether the limo is a new model or older one that requires retrofitting.

The impetus for the new requirements for limousines came from a pair of horrific limousine fires in 2013, including one May 4 on the San Mateo Bridge that trapped nine members of a wedding party, killing the bride and four others. The California Highway Patrol later concluded that the deadly fire on the limousine was due to a mechanical problem.

It has been well documented that texting and driving can be a dangerous combination, and there is already a prohibition against the practice on the books in California. However, another bill that Gov. Jerry Brown signed into law taking effect this year, SB 194, addresses the issue of driving and texting from a hands-free device. The measure prohibits drivers under the age of 18 from using their cellphones to compose or read text messages, regardless of whether the device involved uses a voice-activated feature.

Buffer Zone Required Between Motorists and Bicyclists
But perhaps the most interesting new law for 2014 that deals with roadway safety has potentially major ramifications for the interaction between motorists and bicyclists. The new law requires that motorists provide three feet of space between themselves and bicyclists when they attempt to pass a bicyclist. According to USA Today, the new measure specifies that under such circumstances the motorist must slow down and pass “when no danger is present to the bicyclist.”

The buffer-zone-for-bicyclists law actually will not take effect until Sept. 16, which will give the Department of Motor Vehicles time to update handbooks and educate drivers on the law. But the new law probably can’t come soon enough for bicyclists, particularly in the Bay Area, a region that had several high-profile fatal collisions between motorists and bicyclists in 2013.

It will be interesting to see how the new law mandating a buffer zone between motorists and bicyclists is enforced and if the law has other unforeseen consequences on traffic in congested cities such as San Francisco.
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Witnesses Report Passing Attempt Led to Fatal Car Crash

January 2, 2014 | Gregory J. Brod

We’ve all experienced the frustration of being stuck behind a driver who is travelling significantly slower than the posted speed limits. Passing can be an important component of sharing the road. However, passing can be dangerous if not done with the utmost care, especially on two-lane roads when passing requires travelling in a lane usually dedicated to opposing traffic. Our Santa Rosa car accident attorney is committed to representing Californians when a passing accident caused by another driver’s reckless, careless, or negligent passing technique leaves innocent people injured or leaves families grieving an unexpected death.

One Dead, One Injured When Driver Loses Control While Passing Traffic on New Year’s Eve

Authorities suspect a fatal New Year’s Eve car accident stemmed from an attempt by two vehicles to pass traffic on Highway 1, according to a report in The San Francisco Chronicle. The incident occurred in west Marin County, north of Marshall, at approximately 5:30 P.M. Officer Andrew Barclay, a spokesperson for the California Highway Patrol (“CHP”), told reporters that witnesses observed two northbound vehicles crossing a double yellow line in an apparent effort to pass other traffic. As they approached a curve, one vehicle successfully merged back into the northbound lane but the second driver apparently panicked and lost control of his car. The vehicle, a Honda, spun out and flipped, landing in the waters of Marshall Creek.

Landlord Liability for Home Fires

January 1, 2014 | Gregory J. Brod

It can happen in a matter of minutes. A house fire can engulf a residence, causing extensive property damage, burn or smoke-related injuries, and even death. All too often, home fires are the result of careless decision-making characterized by people taking unnecessary and unwarranted risks that often involve neglecting safety to save a little bit of money. As a San Francisco tenant injury lawyer, Attorney Brod has helped many renters who were left facing the consequences of their landlord’s dangerous choices.

Fire Injures One, Leaves Four Others Displaced in Hayes Valley

2013 came to a terrifying close for residents of a home in San Francisco’s Hayes Valley neighborhood. The San Francisco Chronicle reports that the one-alarm fire erupted at 5:42 A.M. on December 31 on the second-story of a residence on the 600 block of Fulton Street. Authorities say that one resident was taken to the hospital for treatment of unspecified injuries. Four others who were also displaced by the fire are receiving assistance from the American Red Cross. The cause of the blaze could not be immediately identified.

Oil Train Derailment on Prairie Yet Another Example of Perilous Freight Traffic

December 31, 2013 | Gregory J. Brod

A small town in eastern North Dakota experienced fireworks in a spectacular and potentially deadly way one day before New Year’s Eve when an oil train derailed Monday afternoon and exploded into a fiery display of flames and black smoke near Casselton, N.D. And while incidents such as the train derailment in North Dakota are rare, San Francisco train accident attorney Gregory J. Brod would remind us that the consequences of the few derailments that do occur can be devastating.

Fortunately, no one was injured when a BNSF Railway train left the tracks near Casselton, but out of an abundance of caution the town’s 2,400 residents temporarily evacuated in the wake of the derailment of the mile-long train, according to the San Francisco Chronicle. The train included oil tankers which, upon overturning, exploded and unleashed voluminous flames and black smoke for more than 24 hours.

As Oil Industry Expands Production, Shipments by Rail Become More Common
Casselton Mayor Ed McConnell expressed the fears and anger of many in the town and elsewhere in the state when he called for federal officials to implement more concrete safety measures. With the booming oil sector in North Dakota producing ever larger amounts of petroleum and train companies hauling the bulk of the industry’s output, it’s not hard to see why the mayor would be so concerned.

“This is too close for comfort,” McConnell said Tuesday. “There have been numerous derailments in this area. It’s almost gotten to the point that it looks like not if we’re going to have an accident, it’s when.”

The mayor does not have to rely on a guessing game to back up his grim forecast, as there has been a sharp increase in the number of oil train releases over the last few years, even as less than 0.1 percent of oil tank cars have experienced accidental releases this year. But that has translated into spillage of crude oil from 137 rail cars in 2013, compared with only one release in all of 2009.

The National Transportation Safety Board has launched a probe into the Casselton derailment, but preliminary statements from one NTSB member included the observation that the overturned tankers in question were older model DOT-111 tankers, which have been prone to rupture in previous accidents.

A Toxic, Deadly Trail of Derailments Before Disaster in North Dakota
Prior to the derailment in North Dakota, the most recent major incident involving crude-carrying train cars occurred Nov. 8 when more than two dozen oil tankers derailed into an Alabama swamp, unloading almost 750,000 gallons of crude and sparking another conflagration.

While there were also no injuries in the Alabama derailment, residents of the Quebec town of Lac Megantic were not so lucky in July, when a train carrying crude from North Dakota derailed, killing 47 people.

July also marked the 22nd anniversary of the biggest railway chemical spill in California history. On the fateful morning of July 14, 1991, a Southern Pacific Railroad tank car derailed on the tricky section of track along the Sacramento River called the Cantara Loop. The resulting spillage of 19,000 gallons of the soil fumigant metam sodium destroyed all life in a 41-mile stretch of the river, including more than one million fish and thousands of trees, according to the state Department of Toxic Substance Control. Southern Pacific ultimately paid $38 million for damages, cleanup and river restoration.
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Oakland Injury Law Firm on the Dangers of Drugged Driving

December 31, 2013 | Gregory J. Brod

We hope that 2013 has been a wonderful year and that 2014 has even more in store for you and your loved ones. As you make plans to celebrate the arrival of the New Year, our Oakland injury attorney hopes safety will be a priority. While celebration safety messages are often focused on the danger of drunk driving, we’d like to remind readers that the danger of impaired driving extends beyond alcohol. Drugged driving, whether involving legal or illicit substances, can threaten the driver, other vehicle occupants, and everyone else who shares the road. It is a threat we take seriously and, while our firm is here to help those injured by impaired drivers on Northern California roadways, it is a danger we know is best addressed by putting prevention first.

Holiday Season a Grim Reminder of Drugged Driving Fatalities

The Oakland Tribune recently carried a reminder of the very real threat of drugged driving. The story focused on Melanie Bassi, a Connecticut woman who lost her mother, father, and grandmother in a holiday season accident six years ago. Police reports show the driver who rear-ended the family had consumed Xanax, consumed alcohol at a level below the legal intoxication limit, and also evidence of cocaine use prior to the crash. Bassi has spent the past four years campaigning for Mothers Against Drunk Driving, a group whose focus includes drugged driving. She speaks to both high school students and prior offenders, sharing the loss continues to overshadow the holidays. Authors of the report note that the White House Office of National Drug Control Policy is working to reduce the incidence of drugged driving in the U.S. by 10% by 2015.