Articles Posted in Car and Auto Accidents

With his extensive experience as an Oakland personal injury lawyer, Greg Brod understands that car accidents leave victims with both physical and emotional scars. The mental suffering is compounded when the driver responsible for the crash fails to take responsibility for his or her actions. Hit-and-run accidents leave the victim and the community as a whole angry and looking for answers.

Fremont Hit-and-Run Injures Young Pedestrian

Residents of the City of Fremont are wondering who is responsible for an accident that injured a young teen. The story is currently running in the Oakland Tribune. At 7:30 A.M. on Monday October 8 officers responded to reports of an accident at the intersection of Nicolet Avenue and Mackenzie Place. According to Geneva Bosques, a police spokeswoman, a car struck a fourteen year old boy in the crosswalk. The teen incurred minor injuries and was taken to an area hospital by his father. Witnesses describe the driver as a Hispanic male between the ages of 35 and 45. Police report he was observed driving a red, four-door sedan, heading south on Nicolet Avenue in the direction of Alder Avenue.

School zone speed limits exist for a reason. Drivers often neglect to obey school zone rules, putting children and safety personnel at risk. Our Oakland personal injury law firm believes that civil injury suits serve to compensate victims and that they also serve as a preventative measure, providing an additional incentive for safe and responsible driving behavior.

childrencrossing.jpgTwo Adults and One Child Injured in School Zone at Turner Elementary

According to The Oakland Tribune, school had only been in session for five minutes when an accident injured two adult and one child in front of Turner Elementary School in Antioch. Police report that the driver of a rented Audi SUV was speeding at around sixty miles per hour and generally driving carelessly in the eastbound lane of Delta Fair Boulevard at about 8:05 A.M. The SUV swerved around another vehicle that was stopped at a red traffic signal and hit three pedestrians before hitting another car that was turning onto School Street. The victims included a crossing guard, her eleven year old son, and another woman. Both adults suffered severe injuries and a medical helicopter transported them to John Muir Medical Center. The child suffered minor injuries. Witnesses report the crossing guard and the other woman were talking on the corner of a crosswalk and the boy, who was out of school for fall break and celebrating his birthday that day, was seated in a chair nearby.

After serving as a law firm for Oakland accident victims for many years, The Brod Law Firm understands that car accidents are often far more complicated than people initially assume. While negligent driving is a key factor in many collisions, dangerous intersections and other hazardous roadways can significantly increase the odds of a crash. These risky areas can lead to both single and multiple vehicle accidents and knowing the history of an area is often key to winning an Oakland injury lawsuit.

road.pngNeighbors Report Repeated Car Accidents on Grimmer Boulevard

A report in The Oakland Tribune focuses on a stretch of road that has seen more than its share of accidents and has left residents scared and angry. Leon and Marilyn Goheen told reporters that they had high hopes that they’d found a quiet suburban home when they moved to Robin Street almost fifty years ago. However, not long after the family settled in, the city built Grimmer Boulevard. Residents call the busy, curving roadway a “Dead Man’s Curve.”

A story in the Oakland Tribune reiterates a fact our Northern California personal injury law firm knows all too well – reckless driving kills. We talk a lot about statistics and laws in this blog, but this article focuses on a very important point, that every accident impacts real individuals and tragedies often are felt throughout the community.

On April 7, forty-one year old Solaiman Nuri and his daughters, Hadees (age nine) and Hannah (age twelve), went on a Saturday morning bike ride. At the same time, David Rosen, then seventeen, was speeding along Treat Boulevard in Concord in a 2002 Cadillac Escalade. According to investigators, the teen was travelling 72mph in a 45mph zone. Rosen swerved to avoid a collision with another car and jumped the curb, killing both Solomon and Hadees. Hannah suffered minor injuries.

This Wednesday, Rosen pled guilty to two counts of vehicular manslaughter with gross negligence and unlawful acts as well as one count of misdemeanor reckless driving causing injury. Under the plea agreement, prosecutors dismissed unrelated alcohol and knife possession charges. Despite a request from Stoorai Nuri, the wife and mother of the victims, the court tried Rosen as a juvenile and officials took him to juvenile hall after the hearing. Sentencing will be on October 22. Judge Lois Haight suggested she could sentence Rosen to seven years, eight months but a prosecutor noted that the state will be legally bound to release him at age twenty-one. Ms. Nuri said the teen failed to apologize on the day he was arrested and denied Rosen’s request to make an apology in the courtroom, with her attorney asking the defendant to wait until sentencing to speak further.

At The Brod Firm, our San Francisco injury lawyer dedicates time to staying up-to-date on the latest court rulings and legislative changes in order to fully represent each and every client. The interplay between law and technology is fascinating and ever-involving. Topics such as intellectual property theft and privacy evolve constantly as our world becomes more and more connected. While people might imagine that personal injury litigation is a more static field, it also evolves to accommodate a changing society.

Driverless Vehicles & Safety Concerns

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On Tuesday, Governor Brown signed a law making California the third state in the nation to explicitly legalize driverless vehicles. The San Francisco Chronicle reported on the legislation which the Governor signed at Google’s Mountain View headquarters where company innovators have been working on a computer-navigated car for a number of years. SB 1298 formally okays the testing of vehicles on California’s public roads, although it does require that a driver still be seated and ready to take over if necessary. Additionally, the law sets out a framework for manufacturers seeking permits to build and sell the computer driven cars to the public and requires the DMV to adopt regulations governing the vehicles by January 2015.

Our Sacramento injury lawyer knows that a strong infrastructure is an important part of a strong, successful community. Maintaining roads and providing public transit options allows a region to thrive and helps attract both businesses and residents. Of course, since we regularly work with victims of auto accidents, we also know that any infrastructure investment must include a strong emphasis on safety as well as convenience.

highway.pngSacramento Infrastructure Projects

A report in the Sacramento Bee focuses on efforts to invest in Sacramento area infrastructure as a way to improve the regional economy. Sacramento Mayor Kevin Johnson cited a number of projects that he considers key economic priorities such as a downtown transit hub, light rail access to the airport, and the construction of new bridges spanning the Sacramento River. He referenced a recent report from the U.S. Conference of Mayors calling for investment in infrastructure and transportation projects. Mayor Christopher Cabaldon of West Sacramento also spoke, promoting a project to improve the Port of West Sacramento and thus increase the international exporting of agricultural items. For her part, Fresno Mayor Ashley Swearengin focused on downtown revitalization and making the city a key hub for California’s high-speed rail system.

As an Oakland car accident injury law firm, we understand that a number of factors can increase the danger of a collision. Many people still fail to recognize the serious danger posed by drivers under the influence of prescription medications. Even if the medication is legally obtained, it can diminish driving ability and pose a danger to the patient and to everyone else on the road.

Medication Take Back Events

pillbottle.pngRecognizing the danger of drug misuse, many municipalities across the country are partnering with the U.S. Drug Enforcement Administration in a national Take Back Initiative. On Saturday, as detailed in The Oakland Tribune, police departments in Pleasanton, San Ramon and Livermore will host free prescription drug drop-offs. Residents can dispose of unused and/or expired prescription medications at the set locations. People can either drop of medicine in the original container (after removing identifying personal information from the label) or simply deposit loose pills directly into the collection containers. The events accept solid or liquid medications but not injectable or intravenous solutions due to the danger of blood-borne disease.

We hear many tragic and disturbing stories in our role as your Sacramento personal injury law firm. Each story calls to our hearts which leads to our dedication to injured victims. Still, some stories are particularly difficult to read such as The Sacramento Bee’s report on a recent accident in our region.

On Tuesday night, a West Sacramento police officer was en route to a vehicle pursuit in progress. The officer had his sirens and lights on as he sped down West Capitol Avenue. At the same time, thirty-one year old Brandon Louis Nickolas, a local transient, was walking nearby. Witnesses report that he appeared drunk as he staggered through the area, talking incoherently to himself. Nickolas was jaywalking when the officer’s car slammed into the man. The force of the crash was strong enough to send the pedestrian’s torso through the windshield of the police cruiser. Nickolas’s body was severed, his legs landing some distance away and his clothes ending up strewn across the roadway.

At the time of the crash, the officer was trying to join the pursuit of an unnamed seventeen year old. Allegedly, the suspect was driving a stolen vehicle and had refused to stop for police. Officers apprehended the teen and took him to Yolo County juvenile hall. According to the law, West Sacramento police booked the suspect on murder charges, in addition to the auto theft charges, because his actions led to the chain of events culminating in Nickolas’s death. The Chief Deputy District Attorney, Jonathan Raven, stated that he has not yet decided whether to proceed with the murder charge or whether the suspect should be charged as an adult.

1396753_carsharing.jpg San Francisco Municipal Transit Authority (SFMTA) spokesperson, Paul Rose, acknowledged to the press that there is a dearth of taxi medallions being issued to cab drivers in San Francisco, according to the California Watch. While names of drivers languish on the waiting list, San Franciscans and visitors alike complain about the price and unavailability of taxis around the city. Standing on the corner of a busy intersection is no guarantee that an open cab will pass you by, but calling a cab company for pick up can be just as frustrating. The long wait times and lack of communication leave customers fed up, and they just may have left already by the time the taxi finally arrives.

According to the SFMTA website, it has sent out only 12 offer letters to purchase a medallion in all of 2012 to drivers on the waiting list. It had, however, issued 142 single operator permits as of May 2012. While the city drags its feet, entrepreneurs have been streamlining the idea of carpooling with a cash incentive for drivers. Companies like Lyft and Sidecar have entered the San Francisco market in recent years. Drivers may sign up with one of the services if they have a clean driving record, pass a criminal background check, and who have a valid driver’s license, proof of registration and insurance, among other basic requirements. Pedestrians looking for a ride use a mobile app to determine which car is closest to them, then they send out a ride request. Payment takes the form of a “donation”, meaning the passenger pays what they think is fair. Patrons often pay less than they would for a cab, the driver keeps the “donation”, and Lyft or Sidecar, takes 20% off the top. Sidecar also allows passengers and drivers to rate each other on its mobile app.

In an interview with Time, the co-founder of Lyft, John Zimmer, responded to questions about the potential for push back from San Francisco taxis rather optimistically saying, “We haven’t heard from them…I think they’re watching very closely to see if they can learn something.” Instead, taxi owners have complained that these services are running illegal taxi companies. They bristle when comparing costs for themselves and for the ride share drivers. Taxi drivers must maintain million dollar insurance policy, they must purchase a taxi medallion, and they must pay the other costs of a highly regulated industry. Meanwhile, the ride share drivers are required to have the minimum insurance required in California for personal policies, as the companies maintain they are a matching service and not a transportation carrier.

The SFMTA has not decided what to do about the up and coming pay per ride carpooling industry. It remains to be seen whether a basic car insurance policy is sufficient to cover damages in the event of an accident involving a passenger who signed up for a ride with one of the carpooling services. Once damages go beyond the insurance policy’s limits, will the service provider be liable as well? According to Lyft’s Terms of Agreement, “Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.” Sidecar’s Terms of Agreement also denies the company has any responsibility for damages associated with a ride matched through its service. In the future, the city of San Francisco or other governmental entities could have the last say.
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contract.jpgWe pay for insurance not only because it is often a legal obligation but also because we want the coverage to be there when we need it. As your San Francisco insurance coverage law firm, the Brod Law Firm team is dedicated to helping people recover compensation when an unforeseen event occurs.

Insurance is complicated. There are a number of different types of coverage types when it comes to automobile insurance in California. Key categories include:

1. Collision damages – Often when people refer to “full coverage” policies, they are really talking about collision coverage. This coverage applies to physical damage incurred on the insured’s own vehicle. The fullest form of collision coverage includes replacement if your vehicle is totaled. Often, companies require you to hold collision coverage if you lease your vehicle.

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