Car and Auto Accidents

Ejection Crashes: A Dangerous Twist on an Already Dangerous Situation

April 17, 2015 | Gregory J. Brod

It’s a frightening image and one that many of us at The Brod Firm, your Santa Rosa personal injury law firm, have contemplated. Imagine you are in a car accident, that’s scary enough imagine that during the crash, you are thrown from your vehicle. The frightening truth about ejection crashes? Most people who are completely ejected from their vehicles don’t live to tell the tale.

Fatal Ejection Crash Near Santa Rosa

The unfortunate reality of ejection crashes has become all too real for the family and friends of a Santa Rosa man who perished in an accident Tuesday night. According to The Press Democrat, the incident occurred around 8 P.M. on Guerneville Road near Highway 116 and Laguna Road. Police report a white Ford pickup was driving east when the driver crossed over a double-yellow line in order to pass other vehicles. When he tried to return to his lane, he left the road and ran into two trees. The driver was thrown from the truck. Despite emergency responders’ attempts to revive him, he was pronounced dead at the scene.

A Focus on the Victim and the Implications of a Crash Caused By a Suspect Fleeing the Police

April 14, 2015 | Gregory J. Brod

At times, it seems like reading the paper or watching the news requires a level of detachment. With so many stories of personal tragedy, connecting emotionally with every report can be overwhelming. Yet, connecting the story to the law is a key part of what we do at our San Francisco wrongful death law firm. Connecting allows us to serve our clients on the emotional, as well as the legal, journey that follows tragedy. Ensuring the jury connects with the plaintiff and/or victim can help us recover compensation for the client. A personalized story can also drive home a message about accident prevention. Today, we look at the story and the law behind a recent pedestrian fatality and we consider the potential legal implications for an accident caused by someone fleeing the police.

Kind, Warm-Hearted Woman Killed in Pedestrian Crash

Last Friday, a 42-year-old female pedestrian was struck and killed in San Francisco’s Financial District. On Monday, one of the headline stories on the San Francisco Chronicle website took a closer look at the victim and the fatal accident. At around 10 P.M., police say three men held up an individual near the intersection of Clay and Larkin. Shortly thereafter, officers attempted to pull the trio over and the suspects fled in a Toyota Corolla. Around the same time, Bridget Klecher was walking in the Financial District after dining with a friend. With police in pursuit, the Toyota sped north on Leavenworth Street and plowed into Klecher as she crossed near Kearny Street. The vehicle continued fleeing and hit another person at Post and Powell Streets before the suspects abandoned the car on Treasure Island. While the second victim is expected to survive, Kearney later died at San Francisco General Hospital.

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.

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.

The Danger of Fire Truck Crashes and Other Emergency Vehicle Accidents

March 10, 2015 | Gregory J. Brod

Serving as legal counsel in personal injury cases means our team knows that first responders save lives. We are incredibly grateful for the commitment emergency personnel make to San Francisco and its people. We are humbled by their bravery. Emergency personnel are indeed superheroes, but they are also human. Fire truck accidents and other accidents involving, and sometimes caused by, emergency vehicles are a reality. Both during emergencies and in non-emergency situations, drivers of police cruisers, fire trucks, and other emergency vehicles must never forget they are still drivers and that driving carries responsibilities whether you are a superhero or a civilian. People injured by these vehicles deserve the protections afforded to all accident victims. Our San Francisco emergency vehicle crash lawyer knows these are complex cases that are far too common and we help victims recover due compensation.

San Francisco Fire Truck Collides With Bicycle Rider Sadly, the notion of emergency vehicle accidents became a terrifying reality for one bicyclist over the weekend. As reported by the San Francisco Chronicle, a fire truck was returning to the station and headed southbound on Mason Street in the Tenderloin at approximately 2:15 Saturday morning. The fire truck collided with an unnamed bicycle rider at the signaled intersection with Turk Street, mere yards away from Market Street. The truck did not have either its emergency lights or its flashers activated.

The accident left the rider, a man in his 30s, with serious head injuries. He remained hospitalized as of the Sunday afternoon report. No fire personnel were injured in the collision. The fire truck operator tested negative for drugs and alcohol. Officials do not yet know who was a fault, but a police investigation is ongoing. Police are expected to examine security footage from area businesses, most of which were closed at the time of the crash.

California Child Injury Lawyer on the Danger of Scooter Accidents

February 25, 2015 | Gregory J. Brod

There are few sounds as good for the soul as the noise of children at play. In a world where technology often keeps even young children glued to screens, it is especially heart-warming to hear kids engaged in active, outdoor play. It is important for kids to take part in physical activity, but it is also important for that activity to be safe. Scooters have been one of the most popular outdoor toys for many years, but they are also one of the most dangerous. In today’s blog entry, our Oakland child injury lawyer focuses on the danger of scooter injuries, injuries that often involve defective products, careless drivers, or other forms of adult negligence.

Trio of California Scooter Deaths in Late 2014 Late 2014 saw at least three fatal scooter accidents in California. On November 11, a 14 year-old high school freshman was riding his scooter near his home in San Leandro. According to the San Francisco Chronicle a driver heading south in a northbound lane swerved, ran a red light, and crashed into the high school freshman who later succumbed to his injuries at an area hospital. Only one day later, a 13 year-old boy was riding his scooter to school when he was struck by a car and killed in Riverside, a town about an hour west of Los Angeles. Witnesses said that driver had also run through a red light and ABC7 reported that the 44 year-old driver was taken into custody on charges of driving under the influence of prescription drugs. A third child was killed in a scooter accident on December 26 in San Bernardino County. News station KTLA reported that 12 year-old boy was playing with his new Razor-brand scooter, a Christmas gift, when he the into the path of an oncoming vehicle.

Study Blames Scooters for Increase in Toy-Related Accidents In December, USA Today reported on a study published in the journal Clinical Pediatrics that focused on the problem of toy-related accidents. The study suggests that “kick” scooters, like the foot-powered collapsible Razor scooters that have been widely popular since around 2000, were largely responsible for a 40% increase in toy-related injuries between 1990 and 2011. According to the Consumer Products Safety Commission, 52,500 children under age 15 were taken to the emergency room and one died as a result of injuries stemming from non-motorized scooter accidents in 2013 (Side note: It is unclear whether this number includes traffic accidents). The study authors and the CPSC urge parents to be sure children wear safety helmets when using scooters.

Oakland Injury Attorney Examines the Threat of Rental Truck Accidents

February 18, 2015 | Gregory J. Brod

Whether it is to facilitate a do-it-yourself move, to haul equipment for a landscaping project, or for some other transport need, many of us will rent a truck at some point in our lives. Rental companies often tout the ease of driving these vehicles, assuring prospective customers that they can handle the task of driving even if the largest vehicle they’ve piloted in the past is a mini-van or SUV. Still, renters and everyone else on the road are relying on the rental company to provide a safe vehicle. Rental truck accidents happen for a range of reasons. In today’s post, our Oakland rental truck accident lawyer explores these accidents, specifically the dangers that negligent upkeep or other vehicle-related problems pose to all travelers.

Rental Truck Accident in San Jose Early Tuesday morning, according to a report in the Oakland Tribune, a rental truck accident halted traffic on Highway 101 South between Brokaw Road and First Street in San Jose for one hour. CHP Officer Ross Lee told reporters that a rental truck swerved off the road onto the right shoulder and plowed into a chain-link fence. With the fence wrapped around the driveline and rear axle, the truck proceeded to head left, driving through a guardrail and crossing all four lanes of traffic with the fence in tow. Luckily, the driver was not injured and, likely thanks to the early hour, no other vehicles were involved. The cause of the incident remained undetermined at the time of the report, although the CHP noted they did not suspect drug or alcohol use.

Report Examines Rental Truck Safety Following Fatal Accident The accident in San Jose could have had a much more tragic ending, a truth brought home by a November 2011 report in the Hartford Courant. The report followed a crash in which a rental truck driven by a Yale student hauling beer kegs to a football tailgate plowed into a group of pedestrians killing one woman and injuring two others. Although the article preceded an investigation, the author suggests the accident would likely add to the controversy over rental truck policies nationwide, policies that put untrained drivers at the helm of 5-ton vehicles despite few maintenance requirements.

Behind the Statistics: Drunk Driving Victims and Perpetrators

February 13, 2015 | Gregory J. Brod

According to the Centers for Disease Control, 10,322 people died in alcohol-related crashes in 2012. This means that nearly 30 people die every single day in the U.S. in crashes involving an alcohol-impaired driver, one life lost every 51 minutes. As a drunk driving crash law firm in Santa Rosa, we never forget that there are real people behind every statistic. The impact of drunk driving is very real.

On occasion, we like to use this forum to look at specific stories of drunk driving’s impact. Since our practice focuses on the victim, we often highlight stories that help readers appreciate the real people behind these numbers. Our goal in doing so is to remind readers that there are real faces behind the numbers and hopefully make people think twice before stepping behind the wheel.

A Young Family Forever Changed by a Drunk Driver

Cell Phones & Car Crashes: An Underreported Safety Threat

February 11, 2015 | Gregory J. Brod

Almost any driver would tell you that cell phones are a factor in countless car crashes. Yet, the same driver might insist he or she is the exception, that s/he has the skills needed to pilot a car safely while using a cell phone, maybe even while texting. Science and crash studies, many cited previously on our Oakland distracted driving law firm’s blog, prove this is simply not the case. While there is a lot of data on the subject, pinpointing the total number of cell phone crashes has proved an elusive goal for reasons explored in today’s post.

Investigators Eye Cell Phone Use in Jenner Crash

Olympian turned reality star Bruce Jenner was involved in a deadly highway crash in Malibu last Saturday that, per the Oakland Tribune, killed one and injured seven. Police are now asking all drivers involved in the multi-vehicle accident to voluntarily turn over their cell phones so that investigators can review call and text data. Even with the phones, Sgt. Brooks of the LAPD notes it can be hard to tell if a driver was texting at the precise moment of the collision. Among other things, authorities will look for a series of texts that span the accident window to determine if cell phone use was a factor in the accident.