Car and Auto Accidents

Crash Kills Two Women in San Jose, Police Looking for Suspect After Declining to Pursue for Prior Violations

September 4, 2013 | Gregory J. Brod

Every situation, including every accident, is unique. In our work as a law firm for Oakland car accident victims, this lesson is reinforced with every case we take. This holds whether the case gives rise to civil personal injury or wrongful death claims, or both. Often, facts are complex and multiple factors played a role in a tragic outcome. We are committed to examining all facts, even if some questions are hard to ask, and uncovering the decisions that led to a crash. This commitment protects our clients and the public at large, helping to ensure victims are compensated and future crashes avoided whenever possible.

CHP Spokesman on Fatal San Jose Crash

An accident that occurred during the early morning hours of Monday September 2, written about by The Oakland Tribune, left two women dead and police searching for the man responsible. According to California Highway Patrol (“CHP”) spokesman Chris Falkowski, at approximately 3:16 A.M. on Monday September 2, two CHP officers spotted a 2004 silver Mercedes sedan weaving and speeding north on Highway 101. The patrol officers followed as the car took the Brokaw Road-First Street exit. At the end of the off-ramp, the officers turned on their emergency lights. While the sedan initially appeared to be preparing to pull on to the shoulder, the driver then accelerated and ran through a red light before turning left on North First Street.

Texting While Driving: A New Twist Out of New Jersey and Increased Efforts to Crack Down on Distracted Driving

September 2, 2013 | Gregory J. Brod

On January 1, 2009, California’s wireless communication law (V.C. Section 23123.5) made it a code infraction to write, send, or read a text message while driving unless it is done on a voice-operated and hands-free mode. As a San Francisco car accident law firm, we are all too familiar with the terrible costs of texting while driving, a form of distracted driving that kills far too many and leaves others with catastrophic injuries. There is an on-going debate about how our state and our nation can best fight this continued threat. As a recent CNN article illustrates, a New Jersey appeals court recently suggested one new route for battling the texting and driving menace. The new liability target? People who are texting someone, knowing that the other person is driving at the time.

The Facts and Procedural History

During September 2009, 18 year old Kyle Best was driving along a rural highway in his pickup truck. Court documents reveal that he was also texting with Shannon Colonna, 17, at the same time. The teens were dating and the pair had exchanged 62 text messages throughout the day. Records show that a mere 17 seconds of sending Colonna a text, Best was using his phone to call 911 and report a gruesome scene. Best, presumably distracted by the texts, had drifted into the oncoming lane of traffic and crashed head-on into a motorcycle. David Kubert and his wife Linda were aboard the blue touring motorcycle when the truck hit. The collision nearly severed David’s left leg and left Linda with a shattered left leg, her thighbone sticking out from underneath her skin. Both legs were lost. During the aftermath, Colonna sent Best two additional messages.

As Public Access to New Bay Bridge Fast Approaches, Legacy of Old Span Will Include Wrongful Death Chapter

August 30, 2013 | Gregory J. Brod

Bay Area residents are anxiously awaiting the scheduled opening of the Bay Bridge shortly after the Labor Day weekend. The dismantlement of the old eastern span has begun in earnest as workers put the finishing touches on its gleaming new replacement. But as the region’s anticipation builds for the public use of the new bridge, a recently settled wrongful death lawsuit suggests an ill-advised design, poor communication and haste may have been behind an accident-prone temporary stretch of the old eastern span.

S-Curve Quickly Earned Perilous Reputation
As reported by the San Francisco Chronicle, documents from the lawsuit reveal that Caltrans managers never green-lighted the dangerous design of the Bay Bridge’s S-Curve, a stopgap section of the old eastern span with tricky sharp turns that was the scene of a fatal accident on Nov. 9, 2009, in which a Hayward truck driver fell 200 feet to his death after his big rig swerved and heaved over the railing, plunging to Yerba Buena Island below. The documents from the lawsuit filed on behalf of the family of the deceased truck driver went on to say that Caltrans officials approved the use of movable concrete rails in spite of a known risk that vehicles could go over the side of the rails. Motor vehicle crashes on the S-curve spiked in the weeks after it was completed for public use, and Caltrans sought to mitigate the perilous nature of the S-curve by imposing a slower speed limit and then installing “rumble” strips.

Lawsuit’s Documents Recount Quick Adoption of Shaky Standards for Temporary Bridge Passage
The lawsuit accused Caltrans of negligence in setting up a “concealed trap” by requiring motorists to negotiate the very sharp, unbanked turn of the S-curve while driving over a roadway with narrow lanes and shoulders as well as a substandard railing. The lawsuit’s documents also show that the S-curve, which was designed in 2003, fell short of freeway standards set by the American Association of State Highway and Transportation Officials (AASHTO). Caltrans had hitherto heeded guidelines set by the AASHTO, but proceeded with construction of the S-curve after waiving the organization’s restrictions and subsequently tightening up the curve’s turns. However, plans for tightening the S-curve were not blueprinted by the curve project’s original engineer, but instead by a different Caltrans engineer who, a deposition from the lawsuit states, never discussed the changes with the original engineer. The S-curve’s tightening is at the heart of what senior Caltrans officials said they never approved. Perhaps the most disheartening narrative to emerge from from the lawsuit documents, though, was the one strongly implying that Caltrans officials hastily proceeded with installation of the S-curve – in spite of its apparent shortcomings – because the agency was motivated by a desire to save money and time.
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“T-Bone Crashes” – A Closer Look Following a Crash that Killed One, Injured Three

August 28, 2013 | Gregory J. Brod

Imagine you are riding in the passenger seat of a motor vehicle and you glance out your side window to see a pair of headlights bearing down upon you. You lock eyes with the driver, time stands still, and you share a moment of sheer terror. The phrase “t-bone crash” is a casual expression and one that belies the danger of side-impact collisions, a category of crashes that can be incredibly dangerous and result in multiple injuries or deaths. At the Brod Law Firm, our Sacramento car crash lawyer represents the victims of these terrifying accidents.

Fatal Side-Impact Crash in Rancho Cordova

A two-vehicle accident that occurred in Rancho Cordova on Sunday left one person dead and three others injured, as detailed in a short report by the Sacramento Bee. According to officials with the Rancho Cordova Police Department, the crash occurred at approximately 3:45 P.M. at the intersection of Sunrise Boulevard and Douglas Road. An SUV heading north on Sunrise Boulevard struck the passenger side of a sedan traveling east on Douglas Road before overturning from the force of the collision. The female occupant of the sedan’s passenger seat was pronounced dead at the crash scene. Emergency responders transported the sedan’s driver and both of the SUV’s occupants to area hospitals with injuries that were not expected to be life-threatening.

Investigation Briefing Leaves Lingering Questions, Liability Issues Concerning Deadly San Mateo Bridge Limousine Fire

August 22, 2013 | Gregory J. Brod

It’s reasonable to expect that a well-planned, memorable event such as a wedding day should unfold in a safe and enjoyable manner. However, as we were reminded in the case of the ill-fated limousine ride over the San Mateo-Hayward Bridge on May 4, even the best laid plans can, unfortunately, end in tragedy. Our San Francisco automobile accident attorneys have been carefully combing through this incident’s unresolved issues, especially in the wake of the California Highway Patrol’s briefing Monday on the fiery and fatal disaster that captivated the nation.

As reported by the San Jose Mercury News, after a three-month investigation the CHP revealed in a press conference Monday that it was a “catastrophic failure of the rear suspension system” that triggered the deadly fire inside a limousine crossing the San Mateo Bridge. As a result of the blaze, the bride and four other women, who were on their way to a wedding party, lost their lives. It’s still unclear why all nine women aboard the limo couldn’t emerge safely from its passenger compartment doors.

According to the CHP representative at the news conference, Commander Mike Maskarich, the limousine’s rotating metal driveshaft came in contact with the limo’s frame, generating friction and enough heat to ignite the fire, which turned Neriza Fojas’ wedding celebration heading for a party at a Foster City hotel into a fiery nightmare. “This unfolded very, very rapidly and the overall nature of this tragedy was not something that was foreseeable,” Maskarich said.

While the general nature of the tragedy may have been unforeseeable and, officials have stated, no criminal charges will be filed in connection with the fatal crash, outstanding liability issues are yet to be determined. Foremost among them are those concerning common carrier law found in California Civil Code Sections 2100-2104, which governs the operation of limousines, including why the limousine was carrying more passengers than its licensed limit. As stated in Civil Code 2102, “A carrier of persons for reward must not overcrowd or overload his vehicle. The limousine company will be fined $7,500 for the excessive number of passengers.

In addition, the fact that the 1999 Lincoln Town Car stretch limo’s suspension system failed and therefore placed it into catastrophic contact with its driveshaft could raise products liability issues in this incident. While the limousine had up-to-date maintenance records and was in compliance with state rules, according to officials, there remain some key questions to be answered. Of primary concern is whether the limousine became unreasonably dangerous as the result of a defect. More specifically, the failed suspension system may have been the result of a faulty product design, which, should a court determine existed, would have made the limousine inherently dangerous. Alternatively, the limousine may have become unreasonably dangerous as a result of an error in product manufacture or assembly, which also would be grounds for products liability.
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Golf Cart Accident Spurs Family to File Product Liability Suit on Behalf of Victim

August 5, 2013 | Gregory J. Brod

During the summer months, people all over the United States love to head out to country clubs and outdoor shows to enjoy sport, entertainment and leisure. Whether driving down the golf course, or swinging through a rodeo, one of the most favored and convenient form of outdoor transportation is the simple golf cart. What many people forget is that golf carts can be as dangerous as street-legal automobiles, and they must pay attention to the rules of the road, the gas and the brakes. Unfortunately, golf cart accidents happen far too often during the summer months, and this year is no exception. Two recent cases of tragic golf car accidents demonstrate the severity of golf car crashes, and the appropriateness of personal injury and product liability actions in some incidences. golf%20cart.png

The first tragic golf cart accident reported on this week occurred far from the borders of San Francisco, in Hilton Head, South Carolina. According to islandpacket.com, 77-year-old Don Lorber was celebrating his 52nd wedding anniversary last month in Sun City Hilton Head when a horrific accident occurred. Mr. Lorber was driving a golf cart within the community when the cart strayed from the road and struck a car’s bumper and a tree in a community resident’s yard. On August 5, 2013, Mr. Lorber died from a blow to his head suffered during the crash.

Unfortunately, few details about Mr. Lorber’s accident have emerged, and it is unclear whether faulty brakes, operator error, or freak accident caused the cart to veer off of the road. Mr. Lorber’s wife noted that she does not want to second-guess what caused the accident because no matter what, her husband has passed. Ms. Lorber did, however, comment that she hopes the accident teaches people to wear seatbelts while driving golf carts.

The Threat of Drunk Driving Deaths in California and Nationwide

July 31, 2013 | Gregory J. Brod

It is a truth we’ve repeated often in these pages and a truth we’ll likely repeat many times in the future — drunk driving kills. We see this truth in the faces of our clients at our Oakland drunk driving death law firm. We are proud to help these grieving families navigate the process of recovering financial compensation. We believe in this work, but we also know that no lawsuit can ever bring back a loved one lost to a drunk driving accident. For this reason, we also believe in prevention and education. The statistics on drunk driving deaths may make the problem seem overwhelming, but preventing even one death makes the fight worthwhile.

Evidence Points to Drunk Driving In Fatal San Leandro Accident

The decision to drink and drive may be to blame in the death of a woman in San Leandro on Sunday.

Keeping Kids Safe and Advocating for the Smallest of Car Crash Victims

July 29, 2013 | Gregory J. Brod

As a San Francisco accident law firm, we see the faces of tragedy. Some of the most pained faces we see belong to families mourning the death of a child. We also see parents struggle as they watch their child confront a painful injury with life-altering consequences. The Center for Disease Control (“CDC”) reports that car accidents continue to be the leading cause of child deaths in the U.S. Child car accident cases are heart-wrenching and we are honored to protect the rights of these young victims.

We also want to be certain that every caretaker knows that safety seats save lives. They aren’t perfect and we see many parents who took every possible precaution. Still, there is a particular sadness in the faces of those who are left wondering “what if.”

CDC Statistics on Child Injury & Child Safety Seats

Bridge Safety Lawyer Comments on Bridge Collapses as Caltrans Announces Another Problem on Bay Bridge

July 22, 2013 | Gregory J. Brod

Sometimes it seems like a comedy of errors. Construction projects reveal error after error, each issue posing a major safety threat and each repair carrying an even heftier price tag than the one before. Reports of roadway defects are particularly frightening when they involve bridges since even a small miscalculation can lead to a tragic bridge collapse. Given the potentially devastating toll of such events, our San Francisco bridge collapse law firm feels relief when an error is spotted upfront, but we are also left pondering how these errors can occur in the first place. Should a bridge collapse strike the Northern California region, we are prepared to fight for the victims and to help them win money damages from any and all parties responsible for the tragedy.

Caltrans Reports Finding Leaky Shocks on Bay Bridge’s Western Span

In April, we reported on defective rods that shattered as crews building the Bay Bridge’s new eastern span (see report in the San Francisco Chronicle). Late last week, the San Francisco Chronicle carried another frightening report as Caltrans discovered that some of the 96 seismic shock absorbers used in the bridge’s western span are leaking lubricant. The problem arose a mere three years after the shocks were installed and carries a $13 million repair price tag.

San Francisco Injury Lawyer on Accidents Caused by Emergency Vehicles

July 19, 2013 | Gregory J. Brod

Given the size of the Asiana Flight 214 crash, it is likely to be in the news for months to come as investigators uncover more evidence and talk to more witnesses. One of the most unexpected stories to emerge from the crash is the discovery that 16-year-old Ye Meng Yuan, one of two victims to die on the scene (a third died later), had been run over by a fire truck. A report in the San Francisco Chronicle on Wednesday revealed that there are many unanswered questions including whether Ye was alive when the truck hit her and how she had gotten to the spot where she was hit. We are watching this and other issues related to the Asiana crash, but the story had our firm thinking about an interesting issue in accident law: What happens when someone (focusing on innocent bystanders, not fleeing suspects) is hit by an emergency vehicle? The law regarding emergency vehicle accidents in California is complex and, while the following is a brief overview, victims should always consult a San Francisco emergency responder crash law firm.

The Basics: Waiver of Sovereign Immunity, Protection for Employees

The starting rule in a suit against a government body is sovereign immunity (i.e. you can’t sue the state without its consent). In this case, California Vehicle Code Sec. 17001 provides the necessary waiver, rendering public entities responsible for injuries or deaths caused by negligent or wrongful acts/omissions by an employee operating a motor vehicle in the scope of the official’s job. However, section 17004 relieves the employee of liability for civil damages when, in the line of duty, the employee operates an authorized emergency vehicle in response to an emergency call, in immediate pursuit of a suspect, or when en route (but, specifically, not when returning from) to a fire alarm or other emergency call.