Car and Auto Accidents

San Francisco Auto Accident Attorney Comments on Toyota Class Action

November 22, 2010 | Gregory J. Brod

According to the LA Times, a federal judge has ruled that he will permit Toyota owners of Toyota Motor Corporation vehicles to proceed with a class action lawsuit that alleges the issue with unintended acceleration resulted in a drop in car value. The attorneys for Toyota requested that the U.S. District judge, Judge James Selna, dismiss the case, arguing that attorneys for the plaintiff group were not able to isolate a defect in the vehicles, which means, essentially, that there is no case. In his tentative ruling, however, Judge Selna did not agree and allowed the case to go forward. Toyota has issued the following statement in response to the ruling: “Importantly, today’s hearing did not address the merits of Plaintiffs’ allegations and did not consider any evidence…At this early stage, this analysis by the Court requires a basic assumption that the plaintiffs’ allegations are true, even though they are unproven. The burden is now squarely on plaintiffs’ counsel to prove their allegations an Toyota is confident that no such proof exists.”

Even though Toyota is claiming they are innocent, the National Highway Traffic Safety Administration said it is likely that Toyota vehicles have been involved in about 90 deaths linked to unintended acceleration crashes since 2000. Since last November, Toyota has recalled many millions of vehicles worldwide over floor-mat interference and sticking pedal problems that may lead to incidents of unintended acceleration. Some vehicles are subject to both recalls. Also, they are being sued by Allstate Insurance Co. over the millions of dollars paid in claims that have to do with accidents involving unintended acceleration. What is more, Toyota has just settled a lawsuit with the relatives of California Highway Patrol trooper Mark Saylor and his three family members, all of whom were killed in an accident involving unintended acceleration.

If you need help filing a claim involving defective Toyota vehicles or want to know if you have grounds to file a claim, please contact our office today. Here at the Brod Law Firm, we have over 10 years experience helping victims of car accidents receive the compensation they deserve.

Oakland-San Francisco Injury Attorney Comments on Transportation Reform

November 4, 2010 | Gregory J. Brod

Transportation for America writes: America’s transportation system is half a century behind-causing unnecessary pollution, expense, and congestion. We need our leaders to invest in public transportation, high-speed passenger rail, streets safe for biking and walking, maintaining our roads and transit systems, and green innovation. Here at the Brod Law Firm we wonder if the above listed things will come true or if we as a species will ever evolve past the automobile. Nevertheless, we face huge challenges– considering the fact that the majority of the House does not fully support alternative transportation, clean energy, and protecting the environment (most experts predict a two year gridlock), and the fact that Americans love their cars. The following is just one, though there are many, good argument to pose to anyone against working toward alternative transportation.
According to the U.S. Consumer Expenditure Survey, in 2008 U.S. motorists spent on average approximately $2,700 per vehicle on ownership expenses (purchases, registration, insurance, etc.) and $1,400 on fuel and oil, and about $4,100 in total.That year, governments spent $181 billion to build and maintain roadways, or about $730 annually per registered motor vehicle. Less than half of these roadway expenses are paid by motor vehicle user fees, the rest are borne through general taxes.

Needless to say it looks like it is up to individual citizens to do their part to effect change, such as using their cars less, walking or riding bicycles more and pressuring policy makers to invest in change. If you do choose an alternative form of transportation, don’t forget to stay safe whether you decide on cycling, walking or taking public transportation. Speaking of cycling, we would like to remind cyclists about, what some consider to be, their #1 enemy: the car door. As reported in NYT, cyclists sometimes call it “the door prize,” or simply being “doored.” In addition they report that a compilation of episodes in which drivers opened the doors of their parked vehicles into the path of oncoming cyclist can be found on BicycleSafe.com, which includes details of cases from places as diverse as India, Canada, Chicago, New Orleans and San Francisco. Such collisions can seriously injury, even kill cyclists. Any cyclist who has been “doored” should contact a bicycle injury attorney. Our firm specializes in these kinds of cases and has over 10 years experience fighting for the rights of cyclists.

Oakland-San Francisco Injury Attorney Comments on Single-Vehicle Crash

November 2, 2010 | Gregory J. Brod

This past week-end two women were killed and the driver was seriously injured in a single-vehicle crash on U. S. Highway 101 near Blossom Hill Road in San Jose. According to the San Jose Mercury News, the two women were riding in an Infinity sedan early Saturday when the vehicle went across two lanes of the southbound portion of the highway, then slammed into several trees. It was estimated that the driver was traveling 70 mph when he changed lanes and went off the highway. All three victims were determined to be from Fresno.

Here at the Brod Law Firm we wonder if the accident the result of an error of judgment or simply bad driving? Or was there a hazardous road condition? If there was such a condition that caused or contributed to the accident, the city or governmental agency responsible for maintaining that particular roadway could be held liable. California has statute of limitations which may prevent the victim from filing a claim against a governmental agency if too much time has passed. Still, however, many questions remain. Whatever the cause of the accident many be, it would be in the victim’s and the families’ of victims best interest to contact an experienced personal injury lawyer, one who can analyze all the particulars and hire independent experts in accident reconstruction to establish of this tragic accident and ensure they receive the justice and compensation they deserve.

In the matter of a filing a wrongful claim involving a car accident, there are a special factors that an attorney must consider. First, these kinds of accidents are caused by someone else who acted negligently, usually through bad driving. In some claims this will mean the auto maker designed the vehicle poorly. Second, there must be adequate insurance or assets to provide the basis of recoverable legal claim. Sometimes, fatal car accidents that are the result of bad driving are uncompensated because there is no money to compensate a victim’s family, as many cars are under insured with small policies. An experienced attorney will how and where to look for available monies and assets by using investigators and asset searches.

Oakland Injury Attorney Comments on Distracted and Unsafe Driving

October 22, 2010 | Gregory J. Brod

Did you know an employer could be held liable for its own negligence in failing to adequately warn employees about the risks of use of electronic devices while driving or failing to take other measures to reduce those risks? Put another way, there is the potential for an employer to be held vicariously liable for employees who use a cell phone the employer provided and not prohibited from using while driving. During the recent past, companies have been forced to settle costly cases arising from such circumstances. Consequently, issues of safety and liability regarding employers not having policies in place that ban the use of electronic devices while driving are becoming harder to ignore. As such, employers need to create and incorporate new policies into their everyday operations.

For these reasons, and because the leading cause of worker fatalities year after year is motor vehicle accidents, the United States Department of Transportation (DOT), in conjunction with the Occupational Safety and Health Administration(OSHA), has increased efforts to encourage employers to enact safety policies prohibiting employees from using electronic devices while driving. This initiative conicides with President Obama’s Oct. 1, 2009, Executive Order that bars federal employees from texting while operating government owned vehicles. In addition, the DOT earlier this year announced, under the Motor Carrier Safety Act of 1984, a ban on texting by drivers of commercial vehicles. Approximately 30 states have existing laws to prevent some drivers from using cell phones or text messaging while driving. However, some states have laws that target only a segment of drivers, such as teenagers or those with learner’s permits.

Speaking of teenagers, another bit of good news regarding their safety on the roads, as well as those who share the road with them, was reported yesterday. According the Associated Press, fatal car crashes involving teen drivers fell by about a third over five years. The CDC says that the number of deaths tied to these accidents has fallen from about 2,200 in 2004 to 1,400 in 2008. The CDC credits the drop in accidents to a range of factors, such as safer cars with air bags and highway improvements. The main reason, however, is credited to the fact that most states are getting tougher by tightening restrictions on when teens can drive and when they can carry passengers.

San Francisco-Oakland Injury Attorney Comments on Car Sharing

October 21, 2010 | Gregory J. Brod

Spride, a provider of personal vehicle sharing services, and City CarShare, a Bay Area nonprofit car sharing organization have announced the availability of the first personal vehicle share program within a car sharing fleet. The new Spride Share pilot program enables car owners to loan their vehicles to members of City CarShare, which has more than 13,000 members, by equipping their cars with City CarShare’s access and tracking technology. The launch of the program is directly related to Assembly Bil 1871, a bill that Governor Schwarzenegger recently signed into law. The new law establishes that personal vehicle sharing does not constitute a commercial use of the automobile, eliminating the primary barrier to broad adoption of personal car sharing opportunities. Prior to the law, car owners ran the risk of losing their personal auto insurance if they received compensation for sharing their cars.

Now car owners can make their cars available for hourly reservations, and members can conveniently locate, reserve, and gain access to a car using their phone. What is more, car owners can make money by sharing something they already own, while the cost for borrowers is only about $7 dollars an hour. Because choosing reliable transportation in the bay area is always a challenge, car sharing may prove to be bay area resident’s greatest option. The program allows residents to collectively share the responsibility of reducing carbon emissions and eliminating some of the hassle their daily commuting routines, and it may just make commuters feel less harried and frantic, which may, in turn, lead to fewer accidents. Here at the Brod Law Firm we believe the creation of such program proves that citizens can band together to make up for the failures of public transportation, and the dissatisfaction and burden many people feel owning a car.

San Francisco-Oakland Injury Attorney Comments on Driverless Cars

October 19, 2010 | Gregory J. Brod

German scientists have unveiled a self-driving car. They say that the days of humans behind the wheel are numbered, that the cars of today are the horses of yesterday, and that this new technology can slash accidents and help the environment. In addition they claim this new technology will sharply reduce the number of cars on the road, suggesting that people will no longer need their own vehicles so much and will used driverless cars pooled in car-share schemes, instead. They predict that the new technology could be applied to private areas like airports in 10 years, on motorways in 10-20 years, and in cities (once all the obstacles are removed) in 23-30 years. The cars, called the “Made in Germany (MIG), use cameras, laser scanners, heat sensors and satellite navigation to see other vehicles, cyclists, and pedestrians, and respond to traffic lights.
Google engineers have recently introduced their own driverless car that uses artificial-intelligence software that can sense anything near the car and mimic the decisions made by a human driver. So far seven test cars have driven 1,000 miles without human intervention, although someone was behind the wheel in case something went awry, and more than 140,000 miles with only occasional human control. Google’s researchers do not have a clear plan on how to create a business plan using the cars, but the project’s inventor, 43 year old director of Stanford Artificial Intelligence laboratory, Google engineer, and co-inventor of the Street View mapping service, is a passionate promoters of the use of robotic vehicles to make highways safer and lower the nation’s energy costs, which also happens to be a commitment shared by Google’s co-founder Larry Page.
Here at the Brod Law Firm we think these cars are a great idea in regards to public safety. For example a human can only see one or two cars in front of them, while these driverless cars can see in all directions at a range of 70 yards. At the same time however, it still remains to be seen how reliable they will turn out to be. Also this technology brings up legal questions. Current law currently states that a human must be in control of a car at all times. So what does it mean if a human is not really driving the car, say, when the car malfunctions and gets into an accident? Google researchers claim to have figured that one out; they say they have carefully examined California’s motor vehicle regulations and determined that because a human driver can override any error, the experimental cars are legal.

Oakland Injury Lawyer comments on Police pursuit accidents

October 4, 2010 | Gregory J. Brod

In 2007, very near Thanksgiving Day, an Illinois State trooper was driving over 100 miles per hour, responding to an accident. The former officer, Matt Mitchell, was reportedly talking on his cell phone to his girlfriend, and sending e-mails on the police car computer, while driving at outrageous speeds. It was estimated that Mitchell was driving approximately 126 miles per hour, and drove across the highway median, where he ran into an oncoming vehicle, and killed two, teenage sisters, aged 18 and 13. The police officer, who pled guilty in criminal court, but did not serve any jail time, has now denied any fault or responsibility in the civil action. In fact, the former police officer has applied for workers compensation benefits to receive payment for injuries he suffered as a result of the crash in which he killed two innocent girls.

Police officers and other law enforcement personnel are not above the law, and must be mindful of the safety of the general public, who they are sworn to serve and protect. In the horrible tragedy in Illinois, the accident that the former police officer was heading towards at the time of the crash, had already been responded to. Undoubtedly, the Illinois State Police are ashamed by this incident, which should have been avoided, and could have been prevented. Ideally, law enforcement agencies around the country will learn from incidents like this, and properly train their police officers to respect the safety of the public when in pursuit, or when responding to an emergency.

At the Brod Law Firm, we fight for people who have been injured due to the fault of others, including police officers driving in a high speed chase, in pursuit, or in response to an emergency. To learn more, please contact us at info@brodfirm.com.

San Francisco Personal Injury Attorney Comments on Latest Toyota Recall

September 2, 2010 | Gregory J. Brod

According to newsinferno.com, Toyota is recalling some 1.13 million Corolla and Matrix cars for a flaw that U.S. regulators say may cause stalling at any speed without warning. This is a setback for the company as they try to regain their reputation for quality and reliability. Toyota is recalling the vehicles for the model years 2005-2008 in the U.S. and Canada following three reported accidents linked to the defect. The action raises new questions about Toyota’s electronics and adds to their recall list from the past year, which included more than 8 million vehicles worldwide for flaws related to unintended acceleration. Toyota tested 32 of the engine components and found four had cracking after thermal-shocking tests. Consequently, Toyota has concluded that this problem would likely continue to occur, and has decided to conduct a voluntary safety recall of all vehicles within the affected range. The recall also covers General Motors’s Pontiac Vibe hatchbacks, which were manufactured in a GM- Toyota venture in California. Toyota will repair the cars at no cost to owners and will reimburse those who had repairs done at their own cost.

The National Highway Transportation Safety Administration (NHTSA) has called for an investigation of possible electronics-related defects in Toyota vehicles. Earlier this year Toyota agreed to pay a record $16.375 million fine levied by the NHTSA for concealing information related to a January recall of 2.3 million vehicles for sticky accelerator pedals. This is in addition to the over 200 lawsuits Toyota faces in the US alone over accidents, decreased resale values, and stock drops. Consumer advocates and plaintiff’s attorneys have alleged that Toyota’s electronic control systems have played a major role in the defects that have lead to accidents and injuries. It looks like Toyota is losing their once-deserved rock solid reputation. If you are concerned about your car you visit Toyota.com/recall and review the list of current recalls. Also, if you or a loved one has been injured due to negligence of a car manufacturer, please call the Brod Law Firm.

San Francisco – Oakland Car Accident Attorney: Road Accident Avoidance Tips

August 18, 2010 | Gregory J. Brod

With so many people in the Bay Area commuting to and from jobs in every part of the area, there is really no longer any typical or even “reverse” commute. Many people commute via car, however in some places, including the City of San Francisco, people commute on bicycle, scooter, motorcycle, and even skateboard. Hazards for drivers, particularly in San Francisco, are plenty, as there are several devices that can power people at a relatively high speed without the visibility of the mass of another vehicle. This is one of many reasons why it’s so important to drive, ride, or walk defensively. In most instances, one really needs to expect a driver who is not paying attention, particularly with cell phones, text messaging, and other distractions. Keep aware and keep safe.

At the Brod Law Firm, we have been advocating on behalf of injured cyclists for over ten years, and have helped clients who have suffered minor injuries to catastrophic injuries. If you or a loved one has been injured by the fault of someone else, please contact us for a free consultation.

Fresno Greyhound Bus Crash

July 23, 2010 | Gregory J. Brod

Last night, on July 22, 2010, a Greyhound bus heading from Los Angeles to Sacramento hit an overturned SUV, killing six people, including three passengers in the SUV, and injuring many more. The CHP (California Highway Patrol) has not determined what caused the SUV, a Chevy Trailblazer, to turn over, and it is unclear as to whether or not the headlights were on, which would have affected the Greyhound bus driver’s ability to see it.

There were more than 30 people on the bus, which was not equipped with seatbelts for its passengers. California Vehicle Code Section 23715 requires taxicabs to install seatbelts in their vehicles, which addresses the policy to reduce highway deaths and injuries by encouraging the use of seatbelts. While the cause of this tragedy has yet to be determined, if the Greyhound bus involved had seatbelts available to its passengers, the number of serious injuries, and possibly some fatalities, would almost certainly have been reduced.

If you or a member of your family has been involved in a bus accident or a vehicle rollover, please call the Brod Law Firm, P.C. for a free consultation.