Wrongful Death

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.

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.

San Francisco-Oakland Injury Attorney Comments on San Bruno Fire

September 14, 2010 | Gregory J. Brod

Pacific Gas & Electric (PG&E) is setting up a $100 million compensation fund for victims of the catastrophic fire that devastated part of San Bruno. According to The Wall Street Journal, PG&E says the relief fund will be used to cover any expenses not covered by insurance of residents whose property was damaged by the fires. The funds will also pay for the rebuilding or replacing of public property damaged or destroyed in the accident and for certain costs incurred by emergency responders and government services. The company said it will provide payments of $15,000, $25,000, or $50,000 per household depending on the extent of damage incurred, and that residents that accept such payments won’t be asked to waive any potential claims against the company.

The relief fund, however, is not intended to pay for personal injury or wrongful death claims–those will be dealt with separately. According to the San Francisco Chronicle, PG&E is suggesting customers pay the bill of any future disaster. Regulators, are considering a proposal backed by PG&E that would require customers to pay all costs of future catastrophic fires which exceed a utility company’s insurance policy. PG&E said it expects to have most of the costs’ related to the recent explosion in san Bruno covered, but if the new proposal is passed, customers are likely to see a hike in rates further down the line. Under current rules, utilities in California can seek a rate increase if the costs of a disaster exceed their insurance coverage; yet, the Public Utility Commission can veto the request and force utility shareholders to pay the bill.

In order to protect their rights, residents of San Bruno and those affected by this PG&E gas line explosion should seek representation from lawyers who specialize in representing victims of fire damage. The Brod Law Firm has successfully prosecuted explosion and fires claims against PG&E under similar circumstances in the past and has represented individuals and families injured in fires for more than 10 years. Brod Law Firm will represent individuals and families in claims or injury and property loss resulting from the PG&E gas line explosion. Whether you have been injured, have sustained the loss of a family member, your home, your possessions or were injured in the San Bruno PG&E gas line explosion, our firm is here to help. If you have questions about any fire burn injury lawsuit or property claim, please call us.

San Francisco Burn Injury Attorney Comments on San Bruno Fire

September 13, 2010 | Gregory J. Brod

According to newsinferno.com, a Pacific Gas and Electric (PG&E) spokesman said last Friday that the company’s gas transmission line ruptured, leading to the blast. It is not known what caused the rupture. CNN reported that the ruptured line was installed in 1948 and obtained a document form PG&E that stated the gas line had a relatively high risk and likelihood of failure. The document recommended the line be replaced because of its proximity to a populated area. In addition, the Wall Street Journal reported the gas line had an unusual construction, as it contained a longitudinal seam and numerous welds indicating it had been made from many small segments of steel pipe. And it is not known if the numerous welds could have weakened the pipe. A 28-foot section of the pipe has been excavated and will be sent to the national Transpotation Safety Board’s (NTSB) metallurgy labs in Washington for study.

According to Bloomberg news, a PG&E spokesman said the company inspected the pipeline in November and performed an annual gas-leak assessment in March. However the official would not discuss the results of the inspection. The blast and fire injured 52 people and killed four. Additional remains have been discovered and are being tested to determine their origin and identity. Investigators are looking into reports that residents in the area had made complaints to PG&E in the weeks prior to the blast about gas leaks in the neighborhood. PG&E has not been able to confirm those reports and says it has searched about two thirds of its phone reports from the neighborhood from September 1st thru September 9th.

In a statement PG&E said: “if it is ultimately determined that we were responsible for the cause of the incident, we will take accountability.” Here at the Brod Law firm we haven’t a doubt that PG&E is responsible for the injuries and property damage caused by this explosion, as they have admitted that they own and operated the gas line (the company has $992 million in liability insurance for damages caused by fire, according to a public filing on Sept. 10). It appears from various reports that the injuries and deaths which resulted were preventable. In order to protect their rights, residents of San Bruno and those impacted by this PG&E gas line explosion should seek representation from a law firm that specializes in representing victims of fire damage.

Bay Area Personal Injury Attorney Comments on San Bruno Explosion

September 10, 2010 | Gregory J. Brod

Last night a horrifying fire, due to an explosion, swept through the Crestmoor neighborhood in San Bruno. According to the San Francisco Chronicle, fire has been contained and the search continues for possible victims. Officials said the fire was caused by a gas pipeline explosion. Searchers have combed through 75% of the homes destroyed by the blast and there are no residents unaccounted for. But they won’t know for certain about additional victims until they search the remaining homes, which are now too hot to enter. At least four people were killed and 52 injured in the explosion and fire.Lt. Gov. Abel Maldonado, serving as acting governor while Gov. Arnold Schwarzenegger is in Asia, declared a state of emergency in the neighborhood. A total of 52 people have been hospitalized, including three with third-degree burns. The most seriously injured were being treated at St. Francis Memorial Hospital in San Francisco. Three victims there have burns over 50 percent of their body, and a fourth has burns over 40 percent.

The site of the explosion is marked by a 30-foot-diameter crater filled with water, while chunks of asphalt and melted cars cover the road. The natural gas pipe that ruptured was laid down 60 years ago. A metallurgist, Ravi Chhatre, with the National Transportation Safety Board will be helping locals investigate what caused the pipeline to explode. Although the safety board is known primarily for investigating plane crashes, it also dispatches teams after major pipeline incidents. According to reports, some residents said they had smelled gas in the neighborhood in the days preceding the explosion and that PG&E trucks had been in the area. Here at the Brod Law Firm, we wonder how the victims of the fire will cope as they try and put their lives back together. More than likely, when the cause of the explosion is confirmed, the lawsuits will begin to be filed. The good news is the Federal Emergency Management Agency has authorized the use of federal funds to help rebuild the community. If you or your family have been the victim of a fire or have question regarding lawsuits due to fires, please call the Brod Law Firm.

San Francisco Bus Accident Attorney Comments on Muni Accidents

August 30, 2010 | Gregory J. Brod

https://www.brodfirm.comAccording to the californiabeat.com, three major traffic incidents that involved MUNI vehicles left one man dead, several passengers injured and delayed service for hours in different parts of San Francisco Saturday. The first accident happened in Chinatown after a 8X-Bayshore Express bus collided with a 30-Stockton trolley coach near Stockton and Clay Streets at around 11:00 a.m. The driver of the 8X bus left the coach to inspect a faulty wheelchair lift when the bus suddenly rolled backwards down Stockton St. until it collided into the side of the 30-Stockton bus. The bus rolled into a collection of street-side newspaper racks and a mailbox before it came to a complete stop on a sidewalk. Several passengers aboard both buses were treated for minor abrasions. No one was seriously injured in the accident.

Then at approximately 3:00 p.m., Pacific Gas and Electric crews reported a downed wire that fell onto MUNI’s overhead trolley wires at 25th & Mission Sts. in the Mission District. The failure of the wire caused a large power outage that knocked out electricity to approximately 6,500 customers in the neighborhood. No one was injured in the power line collapse. The third incident happened around 6:00 p.m. when a 47-Van Ness MUNI bus struck a pedestrian as it was pulling into the northbound bus stop outside a Walgreens drug store at Van Ness and Market Sts. The pedestrian was pronounced dead at the scene. Witnesses claim the man intentionally stepped in front of the bus when it approached the bus stop.

Injuries sustained in city bus accidents are frequently caused by passengers being thrown around in the bus, due to the fact that passengers are not appropriately restrained, and can range from cuts and bruises, whiplash and fractures, to serious head injuries and injuries that result in brain damage, paralysis, loss of limbs and even death. If you or a loved one has been injured as a passenger in a city bus accident, then you have the right to make a claim for personal injury compensation on a no win no fee basis. As a victim, you can obtain personal injury compensation for your injuries and for any costs incurred. If you have questions regarding how California law protects public transport passengers, please call our firm.

San Francisco Injury Attorney Comments on Vaccine Injury

August 2, 2010 | Gregory J. Brod

The FDA has updated the warnings and precautions sections of the prescribing information for Afluria to inform healthcare professionals that the Afluria vaccine has been associated with an increased incidence of fever and febrile seizure among young children (according to confirmed reports in Australia), mainly among those younger than 5 years. Also according to the FDA, various investigations into the cause of the febrile seizures seen with Afluria vaccine are still ongoing. The FDA is collaborating with Australia’s regulatory authority, other international regulatory counterparts, and CSL to obtain additional information, stay apprised and take part in the investigations. The FDA and the CDC are working together and are closely monitoring the continued safety of influenza vaccines. Both Healthcare professionals and patients are being encouraged to report adverse events or side effects related to the use the influenza vaccines to the Vaccine Adverse Events Reporting system, the national vaccine safety surveillance program co-sponsored by the CDC and FDA.

In 1986 Congress created the National Vaccine Injury Compensation Program (NVICP) to award compensation to individuals who suffer vaccine injury. Even though vaccines undergo rigorous reviews to ensure safety, numerous lawsuits have been filed alleging injuries from vaccines. These types of lawsuits typically allege either that the drug manufacturer failed to properly warn of side effects, that the drugs were inherently unsafe, or that the manufacturer or the FDA was negligent in testing the vaccine safety. There is still much debate about whether flu vaccines helps or not, or even if it is safe. Any person not sure about whether or not they should take the flu vaccine should talk with a health care professional about their concerns and the risks involved, and if they decide to be vaccinated, they should take the flu vaccine from a licensed healthcare professional.
If you believe you have been injured by a vaccine or a prescription drug, you may be able to file a claim seeking compensation for related medical expenses, pain and suffering and future lost earnings. Contact the Brod Law firm for more information about legal claims that may be available to you.

San Francisco Injury Attorney Predicts Fewer Injury Accidents on San Francisco’s Streets

September 25, 2009 | Gregory J. Brod

Apropos my last blog, there are two other projects underway in the City of San Francisco that focus on the safety and well-being of both its residents and visitors. One project, adopted by the Board of Supervisors on February 6, 2006 and appropriately called Better Streets, is a joint effort by several city agencies to improve the design of San Francisco’s streets and sidewalks and was. Since that time, Better Streets has created a collection of street types which are a great improvement over our current automobile-centered street scheme and focus on the appropriate use of land (i.e. residential, commercial and industrial), the efficiency of street width and the street’s role in the transportation system. The highlights and benefits that stand out most to us here at the Brod Law Firm are the ones that focus on safety, though there are many others–such as its support of neighborliness, civic interaction , community identity, and the enhancement of the quality of life for San Francisco’s residents and local businesses-and they are:

• The Design of sidewalks and medians, pedestrian safety and accessibility features, ways to mange storm water in the right-of –way, design and placement of streetscape elements such as street trees, lighting ,benches, and more • Decreased likelihood of pedestrian/auto collisions injuries and fatalities

• Increased accessibility for all street users, create settings that make it safe and easy to be physically active and enhance the everyday quality of life for San Francisco Residents.

Keeping Safe During the Holiday Season and Taking Note of Unpredictable Injuries

December 12, 2008 | Gregory J. Brod

Every year there are people who are needlessly injured due to accidents involving holiday festivities. And every year the public is urged to use caution while preparing for festivities during the hectic holiday season. Accidents run the gamut from bumps and scrapes while running errands or shopping; to traffic accidents while racing to the airport or while driving on a crowded road with other drivers who may have illegal blood alcohol levels; to falls, cuts, electrical shocks and burns from putting up holiday decorations. However, there are some accidents that no one can foresee or prepare to avoid. An example of this type of accident occurred recently and involved a security guard who was trampled to death by customers at a Walmart in New York over this past thanksgiving holiday. Tragically, Jdimytai Damour, age 34, who was hired by a temporary agency to serve as a security guard for Walmart, died of asphyxiation when a crowd of customers, eager to purchase discounted items, crushed him as they busted through the doors for the start of the day after Thanksgiving sale.

Ironically, this poor young man needed protection from the public he was hired to protect. Why wasn’t anyone around to protect him? This is the question that this young man’s family will be asking in part of a wrongful death case they have filed against Walmart. Attorneys for the plaintiff’s family accuse Walmart of failing to provide a safe workplace and creating an atmosphere of chaos, both of which the plaintiff’s attorneys believe Walmart had an awareness, as they had erected barricades at the front entrance due to past experience with problems involving holiday crowds. According an article by the Associated Press, the lawsuit claims that Walmart “engaged in specific marketing and advertising techniques to attract a large crowd and create an atmosphere of frenzy and mayhem and was otherwise careless, reckless and negligent”. Here at the Brod Law Firm, we agree with the plaintiff’s attorneys regarding Walmart’s reckless and negligent conduct. As in any wrongful death case, even if there was no direct intention by Walmart to harm, Walmart can be held liable in part, if not entirely, for the death of the victim. A wrongful death suit probably can’t take away the grief the victim’s family members feel, but we hope, that by proving Walmart is in some way accountable for the death of this young man, the lawsuit can ease some of family’s confusion and suffering.