Car and Auto Accidents

Utility Pole Collisions

January 22, 2014 | Gregory J. Brod

Utility poles — their name alone points to their usefulness. From carrying electrical wires and communications cables to serving as home to street lights, traffic signals, trolley wires, and more, they are an essential part of the modern landscape. Despite their “utility,” the poles can prove dangerous. Utility pole accidents can cause serious, catastrophic injuries and the collisions carry a high risk of occupant death. When another driver’s actions lead to a utility pole collision, our Oakland car crash lawyer can help victims recover critically needed money damages.

Hayward Man Killed in Light Pole Crash

On Monday, the Alameda County Coroner’s office identified the victim of a fatal single-car accident that occurred in Hayward on Sunday evening. As reported by The Oakland Tribune, 21 year-old Omar Alimi of Hayward died in the collision along the 30000 block of Industrial Parkway SW. Witnesses told police that Alimi had been driving erratically, moving across lanes, and possibly speeding before crashing into a light pole. Police said Alimi was not wearing a seatbelt.

Tools to Keep Children Safe: WHALE Program and Rules on Car Seat Replacement

January 20, 2014 | Gregory J. Brod

The best accident is the one that never happens. When an accident does occur, minimizing injuries and preventing deaths is critical. Our firm has vast experience in plaintiff-side injury litigation, including Northern California child injury lawsuits. While we vigorously represent the wrongfully injured, we favor prevention over litigation — a sentiment shared by our clients who’d turn back time if they could and choose avoiding injury over receiving money damages. If an accident does occur, we believe in minimizing injuries and preventing fatalities. This post looks at two safety measures aimed at protecting child car accident victims, one that gives emergency responders vital information and another that addresses when you must replace safety seats after an accident.

WHALE Program Provides Responders with Useful Information About Young Children

The National Highway Safety Association (“NHSA”) is one of the partner organizations involved in the WHALE Program, which stands for “We Have A Little Emergency.” A program brochure notes that 63,000 children under age four were involved in car accidents in 2002 alone. If the adult(s) travelling with a young child cannot speak due to serious injury or death, emergency personnel may have a difficult time identifying the youth and any of his/her special needs. This information is vital. Simply knowing a child’s name can help ease fear, while information about an allergy can be a life-saver. Additionally, knowing who to call, such as a parent (assuming both were not in the car) or other relative, can ensure the proper people are notified of the situation. WHALE is about providing this information to the first responders.

Deer Crashes: Statistics, Prevention, and Protecting the Injured

January 12, 2014 | Gregory J. Brod

Crashes have many causes, a fact our San Francisco car crash lawyer knows from experience. In some cases, something that is otherwise gentle and innocent can lead to a terrible accident – a truth typified by deer crashes.

Deer-Vehicle Accident Statistics

An October 2012 report by the Insurance Journal notes that the problem has been compounded by urban sprawl and construction through deer habitats that lead to animals being displaced. From July 1, 2011 to June 30, 2012, the United States saw an estimated 1.23 million deer-vehicle collisions. The crashes caused over $4 billion in vehicle damage. The Insurance Institute for Highway Safety notes that 200 people die in deer-related crashes every year. Notably, State Farm reports that, in the past four years, the number of deer-vehicle claims paid out grew by 7.9%, compared to an 8.6% decline in other moving vehicle claims.

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.

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.

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.

Officials, CHP Brace for Another Potentially Perilous Holiday Season on Roads

December 27, 2013 | Gregory J. Brod

Drunken%20Driving.jpg

As is the case Thanksgiving week, the two weeks encompassing Christmas and New Year’s are heavy periods for travel in the United States, when families and friends are reunited from miles and time zones apart. It is also a period, unfortunately, during which there is a high volume of traffic accidents, injuries and fatalities, a fact that has San Francisco personal injury attorney Gregory J. Brod as concerned as ever about the safety of motorists, passengers, pedestrians, bicyclists, motorcyclists who will be on the roadways this holiday season.

The federal government ushered in a period of stepped-up vigilance for the nation’s roadways Dec. 17, when Transportation Secretary Anthony Foxx and National Highway Traffic Safety Administrator David Strickland announced the two-week-long “Drive Sober or Get Pulled Over” crackdown on drunken or drugged driving. The effort has been joined by officials from local law enforcement agencies, the Governors Highway Safety Association and Mothers Against Drunk Driving.

DUI-Related Fatalities Up During Holidays
Statistics suggest that there is plenty of good reason to be concerned over more dangerous conditions on roads during the holiday season, particularly due to the heightened propensity for motorists to be driving under the influence of alcohol. Indeed, according to the National Highway Traffic Safety Administration, during the last 10 years, 41 percent of traffic fatalities occurring around the New Year’s holiday and 37 percent of traffic deaths around Christmas involve alcohol impairment. Those figures stand in contrast with the 31 percent national average for alcohol-related traffic fatalities over the last 10 years.

Locally, the figures for drunken-driving-linked fatalities have not been much better than the numbers registered nationally, or they have been mixed at best. For example, according to the California Highway Patrol, comparing figures from CHP jurisdictions in the Bay Area show that traffic fatalities were down over the New Year’s holiday weekend in 2013, but traffic deaths were up over the Christmas holiday the week before.

Holiday Traffic Fatalities Rise Over Last Two Years in California
Statewide, 41 people died on California roadways over the 2013 New Year’s holiday weekend compared with 25 fatalities the comparable weekend the previous year. For Christmas week, the CHP reported that more than twice as many people died on state highways and streets in 2012 than over the corresponding week in 2011. The respective numbers were 39 fatal crashes over Christmas week 2012 and 14 over Christmas week 2011.

With respect to arrests for drunken driving, the numbers have been on the rise in California for both the New Year’s and Christmas holidays over the last two years. During the 2013 New Year’s holiday, the CHP reported that 1,405 drivers were arrested for driving under the influence, compared with the 1,270 motorists who were arrested for DUI the New Year’s week a year before. And during Christmas week 2012, the CHP reported 1,170 DUI arrests, up from the 980 motorists arrested for DUI during Christmas week 2011.
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The Pursuit of Justice for a Teen Killed by a Speeding San Francisco Driver

December 22, 2013 | Gregory J. Brod

If asked, most people will agree that driving is a serious responsibility. Sadly, this knowledge doesn’t always translate into action and drivers are often careless behind the wheel. One of the most common ways in which this inconsistency between words and actions manifests itself is in driver’s approach to speeding. Most drivers recognize that speeding raises the risk of a serious accident, but that doesn’t seem to stop drivers from speeding on a regular basis. Drivers seem to assume that they are the exception, that they can handle the higher speed without the added risk. Our San Francisco fatal car accident attorney knows all too well that this is a deadly mistake.

Woman Accused of Travelling Twice the Posted Speed Limit in Fatal San Francisco Crash

Last week, as reported by the San Francisco Chronicle, a woman entered a not guilty plea on charges related to allegations that she crashed into a family’s minivan and killed a teenage boy while travelling at twice the posted speed limit on September 27, 2013. According to the allegations, 58 year-old Jennie Zhu of San Francisco was driving a Mercedes-Benz faster than 70mph on Pine Street through a portion of the Western Addition neighborhood. Investigators believe she’d been speeding for multiple blocks when Zhu rear-ended a minivan at Gough Street. Kevin San, a junior at Lincoln High School, was killed in the crash which also left his mother and sister seriously injured. A catering van was also struck, causing three occupants to be hospitalized with non-life-threatening injuries. Zhu herself suffered minor injuries in the crash.