San Francisco Injury Lawyer Blog

Travelers to Pay Millions in Refunds and Fines

July 13, 2012 | Gregory J. Brod

When justice is done in insurance cases, our San Francisco insurance attorneys are happy to see insurance companies made to abide by their policies and the laws of California. So the news last month that Travelers Companies reached a settlement and have agreed to pay millions in refunds to policyholders and fines to the State of California was welcome. Too often the consumer is lost in a confrontation with a Goliath, and Travelers is one of the largest insurance companies in the US, with offices in every state and several foreign countries, and with revenue of $25.5 billion in 2011.

California Insurance Commissioner Dave Jones announced that the insurance company reached a settlement to pay $9 million in refunds to policyholders and a further $1.5 million as a fine. The $1.5 million fine will go into California’s General Fund. “In cases where the California Department of Insurance has identified premium overcharges, respondents have agreed to refund said premium overcharges and have refunded or are in the process of refunding any and all overcharges identified by the California Department of Insurance,” according to a stipulation order (a copy of which can be found here, see also the notice of noncompliance here.

This is after the California Department of Insurance conducted an examination of the company, specifically looking at whether it was properly applying rating rules and underwriting guidelines for both commercial and personal lines. The Department found that Travelers committed numerous violations of the Insurance Code and Regulations. Department examiners looked at 866 current policies and 424 expired policies, finding 125 errors in calculating premiums, 76 improper applications of underwriting or other internal company rules, and 19 cancellation errors, i.e. polices which were improperly declined, cancelled or not renewed, between the beginning of January and end of July in 2006.

Disturbing Violations by San Francisco Apartment Management Company

July 13, 2012 | Gregory J. Brod

A recent story in The San Francisco Chronicle caught the attention of our San Francisco tenant’s rights attorney. It focuses on 467 code violations, relating to more than half of the thirty-two local properties owned by Bayview Property Managers. Violations involve raw sewage spills, extensive growth of mold and mildew, rodent infestations, dry-rot in stairways, flooding, and crumbling walls and ceilings. Disturbingly, it appears that families may have been living in horrible conditions for decades.

According to the report, Bayview Property Managers operated 137 housing units with the properties concentrated in San Francisco’s southeastern neighborhoods and with serving as home to low-income residents. The company’s president, James Blanding, previously served San Francisco’s Department of Public Works as a civil engineer. City officials suggest company management engaged in sustained, sophisticated efforts to evade housing requirements. Inspectors found egregious conditions and noted that the repair work that did occur was often shoddy and sometimes involved little more than duct tape.

Interviews with tenants reveal more detail about living condition in company-owned units. One resident, who lived with her three year old child, reported plumbing leaks and a toilet that frequently overflowed. She said that after one particularly egregious incident it looking like a swimming pool had been installed in her unit and she needed to use rain boots to enter the apartment. According to the interview, it took more than five months for the company to repair the damage, creating a mold problem and causing the ceiling in the unit below to cave in, even after the company deemed repairs complete. The renter noted that she wanted to move but was unable to find another affordable unit.

Recycling Company Facing Environmental Charges

July 11, 2012 | Gregory J. Brod

Many of us make the effort to recycle in order to help protect our environment. Recycling is generally thought of as a positive effort, making it particularly upsetting when we hear about allegations of environmental misdeeds at a local recycling company. Our Sacramento environmental damage law firm knows that violations of environmental laws can harm the planet, cause significant losses to property owners, and also create an unfair market for businesses that invest in following environmental requirements.

recycle According to a report in The Sacramento Bee, River City Waste Recyclers is facing both criminal charges and a civil suit filed by the Sacramento County District Attorney. River City has five locations in the county including in Elk Grove, Galt, and downtown Sacramento. The company faces 71 alleged violations with maximum penalties of $25,000 per day, dating back at least a year.

Environmental allegations against River City include charges that the firm stored hazardous materials without necessary permits, improperly disposed of auto parts allowing oil to drain into the ground, and failed to take basic precautions against fires. At least one significant fire at the company’s dump on North B Street, a blaze that sent three firefighters to the hospital, has been tied to improperly stored waste. Neighbors of River City’s Galt location have reported five instances of spontaneous combustion stemming from wood chip piles that were, according to the charges, oversized and poorly spaced. Environmental claims also relate to the company’s alleged failure to “prevent the escape of fugitive dust.” Additional charges involve the failure to properly train employees, inadequate recordkeeping, and zoning violations. The DA has asked the judge to declare River City a public nuisance and to issue an injunction to force the company to comply with all applicable laws.

What Do Graduated Driving Licenses Mean for California?

July 10, 2012 | Gregory J. Brod

night%20drive.jpg July 6, 2012- 6 teenagers were taken to the hospital, one with critical injuries, after a 15 year old driver crashed into a tree in Alameda, California. According to CBS Local News, the 15 year old driver was transporting four other 15 year olds and a 13 year old in a car the teenagers borrowed without permission. The crash was reported at 1:36 in the morning. The local police department is now investigating whether alcohol or drugs were a factor in the crash.

The California Department of Motor Vehicles (DMV) reports that teenage drivers are three times more likely to crash after 9:00 p.m. and that carrying passengers significantly increases the risk of a crash. Teenage drivers are not only more likely to crash late at night from fatigue or experience, but also because teenage drivers are more likely to binge drink and drive during nighttime hours. Other risks for young drivers include lack of experience, low risk perception, and failure to wear seat belts.

Although the June 6 crash is still in the preliminary phase of investigation, thus far the fact pattern seems to follow the early research conducted about the graduated driving license program that California first implemented in 1998. As background, as of July 1998, teenagers must pass a written test and provide certification that they had completed or were in enrolled in an approved driver’s training program to obtain a learner’s permit. With a learner’s permit, teenage drivers must have a parent or licensed driver over the age of 25 accompany them in the car at all times. They must gain 50 hours of experience, with at least 10 hours of night driving. A guardian signs off on the completed hours. Once the teenager completed the requirements and obtained a provisional driver’s license, they were able to drive alone, but could not drive passengers under the age of 20 for the first 6 months nor drive between the hours of 12:00 a.m. and 5 a.m.

Because a disproportionate number of accidents involving teenagers occur at night or when the teenager has friends in the car, California strengthened the law starting January 1, 2006. The state lengthened the amount of time that drivers with provisional licenses are prohibited from driving passengers under 20 years old to 12 months and pushed back the driving curfew to 11:00 p.m. Effective 2008, drivers with provisional licenses cannot use cell phones while driving, even if they are using a hands free device.

In 2004 and 2007, studies were conducted to investigate the effect of California’s graduated driver’s licensing program on teenage fatalities from motor vehicle accidents. These studies are based on data collected from the first round of requirements and do not take into account the stricter requirements that took effect in 2006. Both studies found that fatalities dramatically decreased for 15 and 16 year old drivers, who were most affected by the new laws. However, the studies also found an equal spike in 18 year old driving fatalities, which suggested that the new laws were delaying teenage fatalities rather than preventing them. The 2007 study, “California’s graduated driver license law: Effect on teenage drivers’ deaths through 2005” also found a significant increase in the number of deaths of unlicensed teenage drivers. Further studies are needed to assess the stricter requirements put in place in 2006.

The International Institute for Highway Safety (IIHS) does a broad range of research on driving safety. It is a strong advocate of graduated driver’s licensing programs because it delays licensing for younger drivers who are at different developmental stage than drivers over 18 and because it allows drivers to gain experience in a more controlled setting. Unfortunately, sometimes teenagers increase their risk of crashing by breaking the rules. A 2012 study from the IIHS found that of the 13-15 year old drivers in fatal crashes, 73% were either unlicensed or were violating their learner’s permit by driving without a licensed driver 25 or older to supervise.

A Congressional Quarterly report on Teen Driving suggests that both parent involvement and law enforcement is key to encourage young drivers to adhere to laws governing provisional licenses. For law enforcement, it is hard to tell which drivers are underage or subject to certain restrictions. California has a secondary enforcement policy which means officers cannot pull over a driver just for looking young and driving at night, but may issue a citation if a driver who has been pulled over for a traffic infraction turns out to be violating restrictions placed on his license. Stricter enforcement of smaller infractions can lead to larger consequences if drivers are secondarily found to be driving without a license. Strict enforcement also makes it more likely that such drivers will be caught. Especially in the case of teenage drivers, enforcement policies save lives.

Although, some studies have been ambiguous on the merits of graduated driver’s licenses, more data needs to be collected and analyzed. Individual states are working on targeting licensing programs to make the restrictions on young drivers as effective and safe as possible without hampering social connection between driving and independence. California is a leader when it comes to implementing new programs like graduated driver’s licenses, and parents and law enforcement must fulfill their role as overseers to make sure the approach is as comprehensive as possible.
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Bath Salts – Danger Lurking Behind an Innocent Name

July 9, 2012 | Gregory J. Brod

When news reports began covering the use of synthetic bath salts, most people found themselves confused. Over time, it became clear that the recreational drug had nothing in common with a relaxing soak in the tub. Our San Francisco bath salts law firm understands that the innocent-sounding substance is highly dangerous, both to the user and to innocent victims who may encounter someone high on the drug.

There have been countless headlines involving bath salt use. One story currently receiving national attention involves a woman from central Pennsylvania who had just recently giving birth. The Altoona Mirror, a paper local to the incident, carried the Associated Press report. On June 17, just two days after delivering her child, thirty-one year old Carla Murphy allegedly smoked bath salts while she was still on the maternity ward at Altoona Regional Hospital. According to the report, while experiencing the effects from the drug, Murphy stripped naked, rolled around on the bathroom floor, and fought with staff attempting to subdue her. Other news sources report Murphy assaulted a nurse as well as a responding police officer. A search uncovered bath salts among her belongings at the hospital and also in her home.

Sadly, this is not even the most shocking report linked to the substance in recent months. In May, frantic calls were made to police who responded and found a naked man trying to eat the face of a homeless man. The attack occurred in Miami, in broad daylight, and the attacker is believed to have been high on bath salts. The attacker was shot by police after failing to respond to commands to stop. Amazingly, the victim survived but he has been severely disfigured.

Epilepsy and Driving

July 7, 2012 | Gregory J. Brod

The Epilepsy Foundation reports that epilepsy is the third most common neurological disorder following Alzheimer’s disease and stroke. It affects nearly 3 million Americans who have had two or more unprovoked seizures. Seizures occur when clusters of nerve cells in the brain fire irregular signals, which cause erratic movements or loss of consciousness. Epilepsy can affect an individual at any point in life but more commonly appears in childhood. Epilepsy can also be brought on by traumatic brain injury, stroke, or brain tumor.

According to the Huffington Post, former U.S. Commerce Secretary John Bryson was initially cited for felony hit and run after he was involved in three accidents on the same day. On June 9, Bryson allegedly hit a car stopped for a train, pulled over to speak with the driver, and then hit the car a second time as he was leaving the scene. Shortly after, he collided with another car and was later found unconscious in his car. Authorities administered a breathalyzer test, but it was negative for alcohol consumption. On June 21, Bryson stepped down from his position at U.S. Commerce Secretary citing health problems. The District Attorney has decided to drop the charges, after doctors testified that Bryson had suffered a seizure and was in a state of mental confusion when he left the scene of the accident. Bryson does not have a previous history of seizures.

Such an event makes people question how safe it is for people who suffer from epileptic seizures to drive. Most states place some restrictions on epileptic drivers. However, in many cases, circumstances in which seizures occur are somewhat predictable and therefore the states can limit restrictions placed on drivers at risk for seizure. In California, the Department of Motor Vehicles (DMV) requires that drivers report medical conditions that affect their ability to operate a vehicle safely. In the case of epilepsy, most drivers who have not had a seizure in over six months are allowed to drive without restriction. Some drivers who have not had a seizure in over six months, but for one reason or another, are at a higher risk of seizure are placed on Medical Probation III. Drivers who have not experienced a seizure for three to six months are placed on Medical Probation II. Finally, drivers who have had a seizure within three months or whose seizures are uncontrolled may have their driver’s license suspended, revoked, or denied. California is one of six states that require physicians to report patient seizures.

The DMV looks at such factors as the severity of previous seizures, circumstances of previous seizures according to the individual’s medical history, how long between the occurrence of past seizures, and the driver’s compliance with DMV reporting policies when determining restrictions on an individual’s license.

Drivers who are willing to comply with DMV’s reporting policies are usually are better at self-regulating when they should and should not drive. For instance, drowsiness, alcohol consumption, stressful situations, and changes in medication may increase risk for seizures. Although drivers with epilepsy are about 50% more likely to get into an accident than the average driver, their accident rate is lower for epileptic drivers than male teenage drivers. Most patients respond extremely well to medication and other treatments and accordingly epilepsy does not necessarily mean the end of driving.
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California Boating Safety

July 6, 2012 | Gregory J. Brod

The recent death of three children who were found dead inside a cabin of a yacht which had capsized off of New York’s Long Island is making news in the boating world. According to the San Francisco Chronicle, authorities are currently investigating the cause of the boating accident, including whether or not the boat was overcrowded. The young children were ages 12, 11 and 8. It has not been determined whether or not they we wearing life jackets as required under New York Law. Our San Francisco injury attorneys are saddened by this event and want to remind our California residents of some our state’s boating laws to prevent an untimely death or injury.

Boating Laws

First, the law requires that all vessels be registered and numbered. There are some exceptions to this law, including boats which are propelled manually, boats which are owned by public agencies and boats which are eight feet or less. If you are a boat owner, or potential owner, and are unsure of whether not your vessel meets any of the exceptions, you are encouraged to contact the California Department of Boating and Waterways prior to taking your boat on the waters. sailboat%20%28Rennet%20Stowe%29.jpg

Doctors’ Group Sues Aetna for Coverage Denials

July 6, 2012 | Gregory J. Brod

As San Francisco insurance attorneys, we know all about insurance companies’ tactics to deny coverage, even when an insurance plan provides for that coverage. But now there is interesting news that a group of thousands of California doctors are suing Aetna, the country’s third largest insurance provider, for denying patients access to out-of-network doctors, even when the patient has purchased a policy giving them the right to chose providers. The doctors claim that Aetna is illegally limiting patients’ choices.

This new lawsuit was brought by the Los Angeles County Medical Association, California Medical Association, and a coalition of healthcare organizations and providers. It accuses Aetna of threatening patients with denial of coverage if they visit outside the network of providers. The suit also accuses Aetna of threatening doctors with having their contracts cancelled if they refer patients outside of the network, as well. It also accuses Aetna of false advertising, breach of contract, unfair business practices, and both intentional and negligent interference with health care providers. The goal of the lawsuit is to end these practices and get an immediate injunction, as well as compensation for patients and physicians and punitive damages.

“Despite making tens of millions of dollars selling policies with out-of-network benefits, Aetna has engaged in a campaign to retaliate against its members who attempt to use their out-of-network benefits, and the physicians who refer these members to out-of-network providers,” the lawsuit states. Rocky Delgadillo, chief executive of the Los Angeles County Medical Association, called Aetna’s actions an “attack on patients rights in favor of profit” to the Wall Street Journal.

Fatal Fourth-of-July Motorcycle Accident

July 5, 2012 | Gregory J. Brod

motorcyclist%20%28Driver%20Photographer%29.jpg Unfortunately, tragedy struck the family of 54-year-old Rick Scheuer on Wednesday. Scheuer was killed as a result of a San Francisco motorcycle accident when he was thrown from his motorcycle and was struck by automobile.

According to the San Francisco Chronicle, the victim hit an automobile which was on his right as he rode his motorcycle around a curve. He was then thrown from his bike and over the hood on the car which struck him. After hitting the ground, the vehicle rolled over him. Scheuer was subsequently transported to a local hospital for medical treatment at which he later was pronounced dead.

Our San Francisco and Oakland injury attorneys realize that losing a loved one in an accident is perhaps the most difficult time in life. The grieving process is never easy, but it can be particularly difficult when the loss comes unexpectedly, often as a result of the negligence or misconduct of another. As wrongful death attorneys we are intimately aware of the emotional, mental, and financial challenges facing families after the unexpected loss of a loved one.

Our attorneys represent victims and their family members who have been hurt or suffered death due to a California motorcycle accident and other personal injuries. Accidents on our roads remain one of the most common ways that local residents suffer serious injury and death in preventable accidents.

Many are aware of the potential dangers of riding a motorcycle. According to statistics of the National Highway Traffic Safety Administration (NHTSA), the number of crashes involving motorcycles have declined as a recent of increased safety efforts.

However, the crash rates are still quite high.

There are various reasons of why these crashes still occur. As we have previously explained, there is still a growing concern about the adversarial relationship between automobiles and other using the roads, including motorcycles. Failure to share the lane is one of the most common causes associated with a motorcycle-automobile vehicle crash. Also, driver distraction or careless and reckless driving is another factors which contributes to the injuries and death of loved ones in a traffic accident.

With thousands of people who use our state highways on a daily basis, drivers are urged to pay attention to the traffic patterns–changing lanes, speed of traffic, and stopped-and-go vehicles.

In most cases, these accidents are preventable. Drivers are required to exercise reasonable care while they operate a motor vehicle in order to prevent accidents. When drivers are negligent and fail to exercise this duty, then injured persons or their family members can seek redress in court in order to recover damages. That includes situations where motorcyclists are hurt as a result of car driver’s negligence.

If you or a loved one has recently been hurt or injured as a result of negligent driving, contact our office today to consult with one of our San Francisco personal injury attorneys and learn about your legal rights. You could be entitled to recover compensation for your injuries.

Americans Will Travel Farther This 4th of July

July 3, 2012 | Gregory J. Brod

According to the San Francisco Gate, more Californians are planning on traveling out of town this 4th of July, about 4.8 million. That is the highest number since 2003. Nationwide the trend is the same. Reuters reports that Americans will travel an average of 150 miles more this year over last year. In addition, 84% of Americans will travel by car. Lower gas prices seem to be one factor that is driving patriots farther from home for the holiday. Another big reason for the spike in long distance travelers is that the mid-week holiday is convincing many employees to take the whole week off.

However, more traffic means more accidents on the roads and 4th of July is always a dangerous day for drivers and their passengers. The National Safety Council is predicting that about 173 people will be killed in traffic accidents this 4th of July. It also estimates the number of injuries requiring medical attention will reach about 17,300. The National Highway Traffic and Safety Administration (NHTSA) is reminding everyone with its fact sheet “Drive Sober or Get Pulled Over” that 4th of July is one of the deadliest holidays because more Americans decide to drive impaired. In 2010, alcohol was cited as a factor in 31% of fatal auto accidents. However, on 4th of July, 2010 that figure jumped to 39% of the 392 fatal motor vehicle accidents that occurred. Impaired drinking is a bigger problem at night, and of the alcohol related fatalities from two years ago, 80% occurred at night. Younger people are more likely to be involved in auto accidents in general. Moreover, the NHTSA reports that on 4th of July, 2010 alcohol was a factor in 50% of fatalities that involved a young driver. Therefore, law enforcement will be out in full force watching out for impaired drivers.

Drunk driving is not the only bad behavior to watch out for. MarketWatch cites the Safer Roads Report: 2012, which found that Californians run more red lights during the 4th of July holiday than on any other travel heavy holiday. The report says that Californians run 42.6% more red lights than during the Super Bowl, the “holiday” with the least red light violations in the state. Florida, Maryland, and Texas followed California for the most 4th of July red light violators, with an average of 38.3% more violations versus those states’ safest travel holiday.

The Brod Law Firm would like to remind everyone to travel safe this 4th of July. Have a very happy holiday!

See Related Blog Posts: Fourth of July Fireworks Safety
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