Car and Auto Accidents

Unexpected Braking Leads to Second Honda Recall

November 5, 2013 | Gregory J. Brod

Cars are complex machines with a multitude of parts that work together to ensure the vehicle not only functions, but does so in a safe and reliable manner. Predictability is important, especially when it comes to major elements such as the brakes. Defective brakes are a terrifying possibility, with the phrase conjuring images of a car speeding out of control as the driver frantically presses an unresponsive brake pedal. However, few consider the dangers posed by brakes engaging unexpectedly. Unexpected braking is a threat that concerns our San Francisco defective vehicle lawyer and a danger that has caused Honda to issue two distinct recalls this year.

Honda Recalls Odyssey Minivans Following Reports of Unexpected Braking

Honda recently announced that it is recalling 2007 and 2008 Honda Odyssey minivans. The recall, which involves 344,187 vehicles built between August 8, 2006 and September 8, 2008, is discussed in an article on Edmunds.com, one of the leading resources for information on automobiles and the automotive industry. Earlier this year, Honda informed the National Highway Traffic Safety Administration (“NHTSA”) that it had received 109 warranty claims and more than 200 field reports related to unexpected braking as of June 30, 2013. In the NHTSA’s own investigation, the agency received 22 complaints claiming that the vehicles had braked unexpectedly. Reports included claims of braking occurring while the driver was pressing the accelerator, with drivers alleging a sudden drop in speed of up to 30 miles per hour.

Chain Reaction Crashes: Five Dead Following Multi-Car Accident in Lodi

October 24, 2013 | Gregory J. Brod

In our work as an Oakland personal injury law firm, we represent people who are injured as a result of someone else’s negligence, recklessness, or wrongful actions (or, in limited cases, inaction). Determining and proving fault is critical to obtaining a verdict in the plaintiff’s favor and to recovering money damages. While fault is sometimes easy to spot, such as when a drunk driver veers off-road and hits a pedestrian on the sidewalk, it can also be one of the most complex issues in a trial. For example, determining liability and fault in a chain reaction crash often requires a detailed fault analysis. These multi-vehicle incidents involve at least as many stories as the number of cars in the collision and part of our job is to parse out responsibility and prove the degree of each defendant’s liability.

Five Killed in One of the Worst Crashes in Lodi’s History

A multicar crash in Lodi is being called one of the worst accidents in the city’s history. The Oakland Times (reprinting a Contra Costa Times article) reports that police and paramedics responded to a call around 5:21 P.M. on Tuesday at the intersection of Ham Lane and Vine Street. Although investigators are still looking into the cause of the five car chain-reaction crash, witnesses standing near Lodi Middle School report seeing the driver using a cell phone as he sped through the intersection. Subsequent to the crash, that vehicle ended up in front of the school’s driveway with severe front-end damage. The five car collision left several injured and five dead, including a very young child and a pregnant woman.

Drunken Driving by the Numbers: a Sobering Set of Statistics

October 11, 2013 | Gregory J. Brod

The warning not to drive a motor vehicle while under the influence of alcohol is probably one of the highest-profile messages that we hear from law enforcement and other government agencies, public officials, and interest groups concerned with the problem. Our San Francisco automobile accident law firm often finds that the foregoing message has not been heeded by one or more of the parties in many of the cases it handles. And repeated news accounts of deadly DUI accidents as well as statistics show that this simple bit of sound advice is still lost on far too many people.

Because the advice of not driving a motor vehicle while under the influence of alcohol has become almost like a mantra, one would expect that this message should resonate most emphatically with the law enforcement officials who often promulgate it. However, public officials or even the peace officers who are entrusted with enforcing DUI laws can find themselves arrested for drunken driving. A unsettling example of this problem was detailed in the San Francisco Chronicle on Friday, when the newspaper reported that an off-duty San Francisco Police Department sergeant was arrested on suspicion of drunken driving and hit and run after he allegedly slammed his own vehicle into a parked car in San Francisco’s Sunset district Tuesday night. The police officer who was arrested, Sgt. Thomas Haymond, 52, is a 22-year veteran with the SFPD. A witness reported the collision, and police tracked a trail of of debris from the crash scene to Haymond’s home.

The statistics on drunken driving in the United States, unfortunately, continues to be a messy trail of facts, including these compiled by the national organization Mothers Against Drunk Driving:

Almost every 90 seconds, a person is injured in a drunken driving crash.
In 2011, 9,878 people died in drunken driving crashes, or one every 53 minutes.
Every day in the United States another 27 people die as a result of drunken driving crashes.
The typical drunken driver has driven while under the influence of alcohol 80 times before getting arrested for the first time.
Fifty to 75 percent of convicted drunken drivers continue to drive on a suspended license.
Drunken driving costs the United States $132 billion a year.

The impact of drunken driving isn’t limited to the motorists involved in automobile crashes, but also pedestrians and bicyclists. According to the Bureau of Transportation Statistics, in 2010 alcohol was a factor in 2,020 – or 47.2 percent – of pedestrian fatalities and 209 – or 33.8 percent – of pedal cyclist fatalities. However, the statistics on DUI-linked accidents are not all grim, as the BTS suggests that the application of so-called Zero Tolerance Laws may have been a factor in causing the number of alcohol-related fatalities in the United States to drop from 50.6 percent in 1990 to 42 percent in 2009.
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Teens Speeding: Reducing this Safety Threat

October 7, 2013 | Gregory J. Brod

Last month, our San Francisco injury law firm shared a blog post focused on the dangerous combination of teen drivers and speed. In that entry, we focused on statistics and stories demonstrating the increased danger posed by speeding teens. Those numbers lend urgency to the discussion in today’s post, which looks at reasons why teens speed and what can be done to stop the threat. We hope this inquiry will prevent speed-related crashes and keep travelers of all ages safe on California’s roads.

A Quick Review of the Risk

As noted in our prior discussion, the Governors Highway Safety Association (“GHSA”) released a report earlier this year titled “Speeding-Related Fatal Crashes Among Teen Drivers and Opportunities for Reducing the Risks.” The study sought to fill a gap in safety studies, noting that there is compelling evidence of the danger posed when teens speed but that the link “remains under the radar when crash risk is highlighted.” In brief, statistics show that speeding is a factor in 33% of fatal crashes involving teens, but speeding is only implicated in 19% of fatal accidents involving adults. Speeding is also a bigger threat when teen drivers are carrying teen passengers than when a teen drives alone.

Now-Infamous Motorcycle Road Rage Incident Follows Grim Numbers on Fatalities, Injuries

October 4, 2013 | Gregory J. Brod

While accidents involving motor vehicles are, unfortunately, all too common in the United States and not particularly unusual from a news reporting standpoint, occasionally accidents occur that are so offbeat or even bizarre that they generate sustained public interest, often from across the nation. One such incident occurred Sunday in New York City when a group of motorcycles and a sport utility vehicle had a fateful encounter that has captivated the nation and drawn the interest of San Francisco personal injury attorney Gregory J. Brod.

The incident in question involved a large group of motorcyclists who had gathered in New York City on Sunday for a planned but unauthorized ride that was disrupted by the police, and the motorcyclists ultimately ended up in a confrontation with a family of three in an SUV on the city’s Henry Hudson Parkway. While many details of the confrontation remain to be determined, a video from the helmet-mounted camera of one of the motorcyclists has surfaced on YouTube showing the motorcyclists surrounding the SUV, the two parties slowing down, and the SUV hitting one of the motorcycles from behind. After halting, the SUV suddenly accelerates forward, striking several of the motorcyclists as it tries to flee. One of the motorcyclists was seriously injured and remains in a hospital, but many of the remaining motorcyclists give chase to the SUV up the parkway and then onto the streets of the city. Along the way, the SUV briefly stops, and one of the motorcyclists attempts to open the SUV’s door before the vehicle takes off again. Eventually, though, once the SUV exits onto city streets, the motorcyclists manage to encircle the vehicle while it is stuck in traffic, and at least one of the motorcyclists is seen in the video attacking the SUV with his helmet.

The dramatic chase culminated in the beating of the driver of the SUV and, according to the New York Times, the wife of the driver said that she and her husband were terrified when what she called “a mob of reckless and violent motorcyclists” surrounded their SUV after it hit one of the motorcyclists from behind. Their fears and attempt to flee were justified, she said, by the eventual beating of her husband.

The injured motorcyclist has garnered much attention and sympathy, but setting aside liability in this particular incident, his injuries are reflective of a disturbing national trend. According to the Centers for Disease Control and Prevention, deaths and injuries from motorcycle collisions regardless of the cause rose from 2001 to 2008 in the United States. Here are a few of the CDC findings:

Between 2001 and 2008, motorcycle death rates increased 55 percent, with more than 34,000 motorcyclists having lost their lives during that period.
Between 2001 and 2008, the number of nonfatal motorcyclist injuries that were treated in an emergency department increased from nearly 120,000 injuries in 2001 to about 175,000 in 2008, with an estimated 1,222,000 motorcyclists treated in an ED for a nonfatal motorcycle-related injury.

California’s statistics on motorcycle-involved fatal and injury collisions mirrored the national figures from 2001 to 2008, according to the California Highway Patrol. However, the CHP reports that data from 2009 and 2010 show that motorcycle-involved collisions are down significantly in the Golden State. Interestingly and somewhat surprisingly, California is one of only 20 states and the District of Columbia to require motorcyclists to wear helmets, according to the National Highway Traffic Safety Administration. California is also the only state in the nation to officially state that, when done safely, so-called lane-splitting by motorcyclists is legal.
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Update: Battery on $70,000 Tesla Model S Electric Car Eyed in Tough-to-Battle Vehicle Fire

October 4, 2013 | Gregory J. Brod

Cars are complex machines. Most of us rely on them daily and we trust that they will work as expected. Faulty cars can be extremely dangerous and can cause injury or even lead to the death of the driver, passengers, occupants of nearby vehicles, and/or other bystanders. While the phrase “defective vehicle” may conjure up images of a low-budget lemon, a recent headline is a reminder that even some of the most expensive vehicles boasting the latest technology can hide a dangerous defect. As a San Francisco product liability lawyer with added experience in automobile accidents, Attorney Brod can help when an automotive defect leads to tragic consequences.

Tesla Catches Fire in Seattle Suburb

As we discussed yesterday, officials have linked a vehicle fire near Seattle to a problem in the battery pack of a Tesla electric car, as discussed in an Associated Press report carried by the San Francisco Chronicle. The incident occurred on Tuesday as the driver of the Model S Tesla was travelling south on State Route 167 through Kent, a suburb of Seattle. The driver told authorities that he thought he had struck some form of metal debris, leading him to exit the highway. He said that the vehicle became disabled and he had begun to smell something burning when the vehicle caught fire. Firefighters arrived on scene only three minutes after the first emergency call and remained there for 2 ½ hours, although it is unclear how long the active firefight lasted. Trooper Chris Webb with the Washington State Patrol indicated that the fire damage was too extensive to allow officials to see whether there had been extensive damage due to the debris the driver had hit before the fire.

Danger Zones: San Francisco Injury Attorney Discusses On- and Off-Ramp Crashes

September 24, 2013 | Gregory J. Brod

Try to remember when you first started driving. If you were like many people, merging onto a high-speed road was one of the most frightening tasks. While it hopefully gets easier over the years, navigating both on-ramps and off-ramps remains a complicated chore. A multitude of differences in road arrangements and the fact that entering and exiting high-speed roads often involves close interaction with other (sadly, often unreliable) motorists raises the risk for on- and off-ramp accidents. When another motorist’s actions contribute to a crash that causes injuries or even death, our San Francisco ramp crash lawyer can help represent the victims in civil court.

One Dead, Two Injured When Vehicle Crashes into I-80W Exit Ramp Wall

A Saturday night turned tragic with an accident that left one dead and two injured, a single-vehicle collision covered by the news team at KGO-TV San Francisco’s ABC 7. At approximately 10:05 P.M., California Highway Patrol officers were called to the Fifth Street off-ramp for Interstate Highway 80 West in San Francisco where a vehicle had crashed into the ramp’s wall. Officer Peter Van Eckert reported that there were three people inside the vehicle at the time of impact. When emergency crews arrived, one passenger was not breathing and CPR had been administered. Although that victim was taken to an area hospital, the individual was later pronounced dead. Van Eckert indicated that the two other occupants of the vehicle suffered injuries but he could not comment on their condition. The CHP closed the ramp until about 11:10 P.M. to investigate but did not provide any further details on the incident.

A Step Towards Safer Travels on the Golden Gate Bridge

September 20, 2013 | Gregory J. Brod

The Golden Gate Bridge is perhaps San Francisco’s best known landmark; it attracts many tourists to our region. However, for many others, the bridge is simply a part of everyday life and their daily commute. Sadly, the bridge has seen a number of accidents over the years. Bridge accidents are particularly frightening and our San Francisco accident law firm believes that discussions about improving bridge safety should be a regular part of the local dialogue. Our community should demand safe structures on our roads and community members should also do their part to ensure the safety of Northern California’s roads.

Final Approval Likely for Moveable Median Barrier Project on the Golden Gate Bridge

On Thursday September 19, according to a news report on the official website for the Golden Gate Bridge, a committee including 11 out of 19 members of the span’s Board of Directors voted unanimously to move forward with a plan to purchase and install a Moveable Median Barrier (“MMB”). The full board is expected to confirm this vote. Currently, the MMB is expected to cost $26.5 million with 76% of the budget coming from the state of California through the Metropolitan Transportation Commission, 19% coming from bridge tolls, and 5% of the money coming from federal funds.

Teen Speeding: A Risk Rarely Talked About but Commonly Involved in Car Crashes, Including a Fatal Car Accident in Antioch

September 16, 2013 | Gregory J. Brod

Many young people spend years dreaming of the day they will get their driver’s license – a first sign of adulthood and a ticket towards independence. Parents, on the other hand, can experience conflicted emotions – sadness at their child growing up, appreciation that the child may be able to take on some chores or at least handle his/her own transportation needs, and fear. Sadly, the fear is well-placed. Teen drivers are involved in a disproportionate number of accidents, both as victims unable to respond quickly to a threat and as the parties responsible for the accidents, a role often tied to lingering immaturity and a failure to appreciate risks. Our San Francisco teen driver accident law firm knows that this limited maturity often causes the dangerous, often deadly, combination of teens and speeding.

Speeding Cited in Fatal Crash Involving Antioch Teens

An accident involving teens, speeding, and cars turned the streets of Antioch into the setting for tragedy. The San Francisco Chronicle reports that teens in two separate cars were speeding near the intersection of Hillcrest Avenue and Sterling Hills Drive around 7 P.M. on Friday evening. One of the cars, a Jaguar driven by an unidentified 19 year old male, careened into a tree. Both driver and passenger were ejected from the car. The unnamed driver was seriously injured and transported to John Muir Medical Center in Walnut Creek. The crash claimed the life of the passenger, 17 year old Lydell Benjamin, a Deer Valley High School student.

Safety Reminders Following Death of a Toddler in an Oakland Parking Lot Accident

September 6, 2013 | Gregory J. Brod

In the course of a day, we can visit several and we rarely think about the time spent in them. They are an in-between place, a necessity that we often rush through on the way to our destination. They are also one of the most dangerous places, posing a particular danger to our community’s youngest members. Parking lot accidents are all too common and parking lot fatalities are all too tragic. As an Oakland parking lot accident lawyer, Attorney Brod recognizes the potential dangers or parking lots and the risk of child fatalities in this under-looked danger zone.

Two Year-Old Hit and Killed By Vehicle Pulling Into Parking Lot

A tragic accident took the life of a toddler in an Oakland parking lot on Wednesday. The Contra Costa Times identified the young victim as Rafael Perez. Two year-old Rafael was playing in the waterfront-area parking lot while his mother sold fruit. According to police, the driver of a pick-up truck was pulling slowly into the lot when he struck and killed the toddler at around 4:15 P.M. The unidentified driver is cooperating with the authorities and neither drugs nor alcohol appear to be involved. The lot is on the 600 block of Embarcadero and situated adjacent to an abandoned furniture warehouse.