San Francisco Injury Lawyer Blog

Captain Blamed in 2007 Cosco Busan Oil Spill Seeking Renewed Mariner’s License

May 23, 2012 | Gregory J. Brod

One of our specialties at The Brod Law Firm is handling cases involving the oil industry. Whether it is a refinery accident in Richmond or an oil spill in San Francisco Bay, our firm is equipped to handle toxic tort lawsuits in Northern California, including litigation arising out of the oil industry.

The Oakland Tribune is reporting on a development involving Captain John Cota, the individual blamed for crashing the cargo ship Cosco Busan into the Bay Bridge on November 7, 2007. The collision tore a 211 foot rip into the ship, resulting in the worst oil spill in Bay waters since the rupture of a Martinez Shell refinery tank in 1988. The Cosco Busan incident caused 53,000 gallons of oil to spill into San Francisco Bay, oiling sixty-nine miles of shoreline, killing over 2,500 birds, and closing area fisheries. A civil lawsuit against Regal Stone Ltd., the ship’s owner, and its operator, Fleet Management Ltd, settled last year with the defendants agreeing to pay $44 million.

Investigators blamed the Costa Busan collision on John Cota’s diminished capacity due to the use of prescription medication. They also cited his failure to heed safety precautions and the decision to travel too fast despite heavy fog conditions as factors in the collision. Cota, age 64, pled guilty and served ten months in prison on water-pollution charges. Additionally, NTSB officials criticized the Coast Guard for failing to warn Cota of the impending collision and cited their failure to properly evaluate Cota’s medical status before renewing his license.

Pending Legislation Would Require Electronic Recording Devices in New Cars

May 22, 2012 | Gregory J. Brod

On April 24 2012, the Senate passed S.1813, titled “Moving Ahead for Progress in the 21st Century Act” or the “MAP-21” for short. The bill is now sitting in House of Representative for waiting for approval as H.R. 4348. The bill provides for general highway funding and also new motor vehicle safety regulations. Title 1, Section 31406 of the bill requires that all new cars sold in the United States as of 2015 be equipped with an event data recorder (EDR). EDRs are electronic devices, generally housed with a car’s airbag, which record certain information about the car’s movement seconds before and during a crash.

The provision requiring EDRs be a standard addition to new cars as of 2015 follows the National Highway Traffic and Safety Administration‘s (NHTSA) publication of nationwide standards for the devices in August 2006. According the final rules, the NHTSA estimates that 64% of cars already had EDRs by 2005. However, guidelines for the installation of EDRs were sought from the NHTSA in order to improve accuracy and data collection. The NHTSA standards provide that as of 2013 all EDRs must record:

•Change in forward crash speed •Maximum change in forward crash speed •Time from beginning of crash at which the maximum change in forward crash speed occurs •Speed vehicle was traveling •Percentage of engine throttle, percentage full (how far the accelerator pedal was pressed)
•Whether or not brake was applied •Ignition cycle (number of power cycles applied to the EDR) at the time of the crash •Ignition cycle (number of power cycles applied to the EDR) when the EDR data were downloaded •Whether or not driver was using safety belt •Whether or not frontal airbag warning lamp was on •Driver frontal airbag deployment: time to deploy for a single stage airbag, or time to first stage deployment for a multistage airbag •Right front passenger frontal airbag deployment: time to deploy for a single stage airbag, or time to first stage deployment for a multistage airbag •Number of crash events •Time between first two crash events, if applicable •Whether or not EDR completed recording
The NHTSA sees EDRs as a great tool to collect data on the circumstances of accidents where the airbag was deployed. Of course, not everyone has access to the recorded data. In a physical sense, EDRs are fairly inaccessible and require the same diagnostic equipment and codes to extract the information as many other computerized components found in newer cars. The proposed law would also reinforce existing legal precedent in states such as in California, which have determined that the device’s data belongs to the vehicle’s owner. In a California case EDR data was disallowed into evidence because police officers did not obtain a warrant before downloading and reviewing crash data from an SUV involved in a fatal DUI accident. Therefore, the data may not be collected without the owner’s permission, barring a court order to discover information. Drivers should look for provisions in their car insurance policy that agree to provide their insurance company with the data in the case of an accident. Some insurance companies, such as State Farm, are also providing portable tracking devices to drivers that record similar information as EDRs, in exchange for lower rates.

Just as the NHTSA finds the potential crash information from EDRs useful for research and improving motor vehicle safety, personal injury plaintiffs may find EDRs useful in proving their claim. EDRs could very likely be discoverable in such cases. The information would be invaluable to a crash reconstruction expert hired to evaluate who was at fault in the accident in question. EDRs are not a smoking gun in every case, as many do not record through an entire accident or may be damaged in an accident. Individuals involved in a personal injury lawsuit should consult with their attorney to determine the pros and cons of pursuing such evidence in their case.
Continue Reading ›

Sacramento Accident Attorney Shares Safety Tips Following Arrest of Drunk Driving Suspect

May 21, 2012 | Gregory J. Brod

Drunk driving accidents in Sacramento and throughout our Northern California communities remain all too frequent occurrences. Our Sacramento accident attorney sees the dangerous collisions that result from driving under the influence and urges residents to make safety a priority and refrain from getting behind the wheel while intoxicated.

According to a report in The Sacramento Bee, Auburn Police responded to a report of a noisy party on Buckeye Court early Sunday morning. While standing outside their own vehicles at the scene, two officers ordered a driver to stop after the suspect failed to heed a stop sign. A third officer, who was in his car at the time, tried to overtake the suspect but the motorist continued to flee at a high speed. The driver sped through additional intersections, again failing to obey stop signs, until arriving at the intersection of Vista Del Monte and Perkins Way. At that location, the suspect lost control of the car which left the roadway and collided with a parked vehicle before crashing into a pillar that was part of a home on Vista Del Monte. No one in the home was injured. Police released a male passenger but arrested the car’s driver, Ross Levin, and took him into custody on suspicion of driving under the influence of alcohol.

Police throughout our region are on the lookout for drunk drivers. It is also important for other drivers to be alert and aware of the possibility that other motorists may be under the influence of alcohol. Mothers Against Drunk Driving (“MADD”) lists warning signs that a driver may be intoxicated on their website. These signs include: Drifting in and out of the lane of traffic; Rapid acceleration and deceleration; Improper signal usage; Erratic braking; Swerving or weaving across the road; and Slow response to traffic signals. In some cases, driving significantly below the speed limit can also be a sign that a driver is attempting to operate a vehicle while under the influence of alcohol.

Pedestrian Fatality Claims the Life of Newly Minted U.S. Citizen

May 19, 2012 | Gregory J. Brod

At our San Francisco personal injury law firm, we hear many tragic stories. We represent those injured in San Francisco car accidents and the families of those killed in area collisions because we know that financial compensation can help victims move forward after a tragedy. Compensation in civil court is important, but it cannot undo a tragic event, especially a fatality.

A recent report in The San Francisco Chronicle served as a particular reminder of the fact that every victim lost in a traffic fatality had his or her own story. Sena Putra, a 47 year old Oakland resident, was returning to work after lunch on Thursday. He was crossing 13th Street in the South of Market neighborhood of San Francisco when he was hit by a gasoline tanker truck as it turned onto 13th from Folsom Street. Investigators reported that Putra was crossing in a crosswalk and had a green light. Putra died at the accident scene. The driver of the truck did remain at the scene and cooperated with police. As of the time of the report, no arrest had been made.

Details of Putra’s personal story make this crash particularly poignant. Putra had emigrated to the United States from Indonesia nearly ten years ago. On April 17, he proudly became a citizen. Colleagues report that Putra loved his adopted country and was proud to have become an American. Putra worked as an accountant at UCSF’s Langley Porter Psychiatric Hospital. After learning of his death, Putra’s former supervisor checked his briefcase. Inside, she found his newly completed voter registration forms. The supervisor noted that Putra had expressed looking forward to his first opportunity to vote. They also noted that Putra’s family was gathered for a wedding in Jakarta but that he was unable to afford the trip to join the celebration after having made a visit last year.

California’s Aging Infrastructure Could Put Residents and the Environment at Risk

May 18, 2012 | Gregory J. Brod

Bad%20Infrastructure.jpg The deadly San Bruno pipeline explosion in September of 2010 drew attention to PG&E’s policies and procedures for monitoring its infrastructure and implementing strategies to protect public safety. The National Transportation Safety Board formed an Independent Review Panel to investigate the San Bruno blast, which found the pipeline that exploded had multiple seams with lengths of pipe that were taken from pre-1950 inventory. A 2010 audit of PG&E’s compliance with state regulations found that it was not allocating sufficient resources to assess the integrity of its infrastructure. PG&E also took advantage of an exception to the rules to delay critical repairs and other required activities.

A second example is that of the 20 gallon spill of “Chevron Clarity” that occurred at Coyote Reservoir last January. The spill prompted the Santa Clara District Attorney’s Office to send a complaint letter to the Santa Clara Water District in March of this year. The letter brought up concerns about multiple leaks of hydraulic oil into the reservoirs it preserves. The Santa Clara Water District may face $25,000 dollars in fines for water pollution.

For its part, the Santa Clara Water District admits that around 107 gallons have been leaked since 2001 in eight separate incidents. However, it contends that all leaks dissipated into the water system with no ill-effects. It also issued a statement stating that it routinely replaces accessible leaky valves. The Santa Clara Water District acknowledges that it needs to replace aging valves that are placed at the bottom of the reservoirs. The District will need to drain most of the water from the reservoirs in order to safely replace the valves. Therefore, the Santa Clara Water District has been waiting for a scheduled seismic retrofitting of reservoir dams to replace the poorly functioning valves, because it will have to drain the reservoir for the retrofitting anyway. The District is reportedly working the District Attorney’s Office to come to some sort of agreement with regards to the leaks.

ABC news reports about another example. In 2011, the San Francisco Water District’s hired contractor started to replace current water meters in San Francisco homes with wireless water meters. Unfortunately, the work, which requires the water to be turned on and off, puts pressure on older plumbing systems. Water that gushes back through the pipes can damage pipes that are already in poor condition because of age. Since the work started, 69 cases have been reported of broken pipes after the contractor finished replacing the meter. Since the pipes are located on private property the owner is responsible for the repairs which cost upwards of $2,000. In the case of John Lubimir the cost was $5800 to repair the water pipes on his property. The contractor, Grid One Solutions, insists the most of the broken pipes were old and probably previously damaged. The contractor tells affected residents the breakages are not its fault, that it is upgrading the meters as a service, and that the homeowner is completely responsible for their pipes. Meanwhile, Supervisor Scott Weiner has complained that the installation of the wireless water meters is mandatory, so homeowners really have no choice. The San Francisco Water District reviews each claim individually, and usually turns it over the the contractor in this matter.
Continue Reading ›

Northern California Disaster Law Firm Continues to Follow Claims Stemming from 2010 BP Oil Spill

May 17, 2012 | Gregory J. Brod

At The Brod Law Firm, we serve those impacted by environmental disasters in San Francisco and throughout Northern California. Our San Francisco class action attorney can handle cases in both federal and state courts in the state. We keep informed about important cases throughout the nation so that we can better serve our local communities when similar issues arise in our jurisdiction.

One of the biggest environmental disasters in recent years was the 2010 Deepwater Horizon Oil spill. On April 20, 2010, an explosion rocked at a nine year old offshore drilling unit that was being leased and operated by BP. Within a couple of days, an oil slick appeared near the rig, confirming fears that the explosion had caused a leak. Before the leak was stemmed, approximately 4.9 million barrels of oil leaked into the Gulf of Mexico waters. Industries and individuals in several states suffered significant economic losses as a result of the spill and the clean-up effort. Health concerns remain an issue for Gulf coast residents.

The oil spill resulted in multiple lawsuits, including individual and class claims against BP. The filing deadline for the existing Quick Payment program has recently been extended from May 7 to June 11. Pursuant to the program, individual claimants are eligible for a $5,000 payment and businesses can receive $25,000. By filing a claim and receiving a payment pursuant to the Quick Payment program, claimants waive the right to any future claims stemming from the 2010 disaster with the exception of those related to injury or death.

JP Morgan Chase’s Shady Flood Insurance Scheme for Borrowers

May 17, 2012 | Gregory J. Brod

As San Francisco insurance attorneys we see how far greedy companies will go to try to squeeze more money out of their customers. And it is always gratifying to see people push back. As we tell our clients, often the only way to get these companies’ attention is through legal action. Otherwise insurance companies keep getting away with their strong arm tactics because they are so much more powerful and well funded than your average consumer.

A recent instance of this involves JP Morgan Chase and their mortgage lending policies. A class-action lawsuit was filed in the United States District Court for the Northern District of California, a federal court, earlier this month alleging nationwide abuse.

JP Morgan Chase makes its own determination as to whether borrowers need flood insurance-even if prior loan services on the same loan did not require it. If the company decides the homeowner needs flood insurance, it requests that the homeowner submit proof of insurance. If the homeowner does not provide such proof, JP Morgan Chase allegedly orders the insurance and charges it to the borrower’s escrow account.

Recent Car Accidents in San Francisco are a Reminder of the Most Common Causes of Crashes

May 15, 2012 | Gregory J. Brod

crashie%20crash.jpg The weather can turn on a dime in the Bay Area. Last week, the cold, windy weather suddenly gave way to the sun, giving Bay Area residents an excuse for weekend getaways and barbeques Yet, an unfortunate aspect of the recently improved weather was a slew of auto accidents. Rainy weather makes driving an exercise in focus and restraint, due to the low visibility and slick roads associated with it. Meanwhile, warmer temperatures mean more people on the roads, thus increasing the chances of a crash.

There were no less than four major injury accidents in San Francisco during the week of May 7 to May 14. The accidents exemplify common reasons for collisions.

Drunk Driving:

Thankfully, fatal drunk driving accidents are on the decline. According to the Center for Disease Control drunk driving fatalities declined 20% from 2006 to 2009. Even so, drunk driving is still the cause of 1 in 3 fatal crashes in the United States. The Marin Independent Journal reports that during the weekend of May 12 five accidents were attributed to driving under the influence in and around San Francisco. Earlier in the week, a drunk driver on Treasure Island struck a parked car, pushing it into two pedestrians throwing away trash into a nearby garbage receptacle. The 31 year old man suffered a cut to the back of the head and the 11 year old boy was taken to the hospital with a life threatening head injury. The car also caused minor injuries to a 9 year old boy who was getting out of the parked car at the time. As Mothers Against Drunk Driving urges drivers to remember, there are many variables that determine how alcohol impaired a person becomes with each drink, therefore the safest choice is never drink and drive.

Speeding:

According to Millbrae Patch, on May 10 a man driving a van on 101S between San Francisco and Millbrae exited the freeway into a turn. Due to his excessive speed, he lost control and crashed into a retaining wall. Moreover, the man was not wearing a seat belt and was ejected onto the roadway sustaining major injuries. Freeways and thoroughfares often give drivers a false sense of security because they tend to be wide and straight. However, speeding always reduces drivers’ control over their vehicle and may prevent them from responding in time to an unexpected danger. The National Highway Traffic and Safety Administration estimates that in 2007, speeding was involved in 31% of fatal crashes in the United States.

Turns and Intersections:

CBS Local News reported that on May 9 a PG&E truck turned left into from Van Ness onto 13th Street in San Francisco and collided with a bicyclist. The bicyclist was rushed to the hospital with life threatening injuries. On May 14, an SUV driver hit a 62 year old man at a crosswalk in North Beach and then sped off, leaving the man lying in the street. The hit and run victim was taken to the hospital with a life threatening head injury. The police are asking for help identifying the driver of the SUV. It goes without saying, that leaving the scene of an accident is one of the worst decisions a driver can make. Turns and intersections present a lot of challenges for drivers, especially in high tourist areas like North Beach. Drivers are not only looking out for other cars, but also pedestrians, bicyclists, and buses that may cross their path. Accidents at crosswalks should remind drivers to check all mirrors before turning, pedestrians to look both ways before crossing, and bicyclists to always dismount and walk through crosswalks, rather than unexpectedly veering through an intersection.
Continue Reading ›

Head-On Collision Leads Attorney to Consider the Danger of Drowsy Driving

May 14, 2012 | Gregory J. Brod

The Sacramento Bee is reporting on a tragic Northern California car accident. On Thursday May 10, 2012, a collision claimed the life of a driver in a north Lake Tahoe community. California Highway Patrol investigators report that Thomas Heron, a sixty-seven year old resident of Carnelian Bay, was driving a Toyota Tacoma on Highway 28 in the vicinity of Ridgewood Drive. Heron was travelling eastbound when his vehicle drifted across the solid double yellow traffic lines and into oncoming, westward traffic. The Tacoma struck a Toyota Tundra, piloted by an unidentified fifty-four year old driver. The collision between the pick-ups occurred at 11:43 A.M. and resulted in Heron’s death. Reports indicate the driver of the Tundra was also injured in the crash.

Police have not yet released a statement concerning the cause of this collision and we do not wish to speculate about the factors that contributed to this specific crash. As your Sacramento car accident law firm, The Brod Law Firm team is constantly reminded that a wide range of factors can contribute to a traffic crash. We hope that reading our blog helps remind community members of some of these factors and thus helps prevent future Sacramento automobile crashes.

One factor that is often overlooked is driver fatigue. In 2005, the AAA Foundation for Traffic studied the problem of driver fatigue. Referencing statistics compiled by the National Highway Traffic Safety Administration (“NHTSA”), the article suggested that a conservative estimate would by that 100,000 people are involved in police-reported collisions that directly stemmed from driver fatigue. These crashes included an estimated 1,500 fatalities, 71,000 injuries, and $12.5 billion in financial losses. Many experts feel these numbers underestimate the impact of drowsy driving, noting the difficulty of determining when fatigue is the root cause of a collision.

Healthy Driving is Safe Driving

May 11, 2012 | Gregory J. Brod

On a daily basis, our San Francisco accident law firm is reminded that every accident is unique. Accidents can have a myriad of causes and often multiple factors are at play in a single San Francisco car accident. Most people are aware of the dangers posed by drinking and driving, texting behind the wheel, and reckless driving behaviors such as speeding, fewer people consider the impact that a driver’s health can have on automobile safety

One health issue that is of growing concern in our country and our state is diabetes. Few stop to consider the issue but the National Highway Traffic Safety Administration has issued statements noting that, in some cases, diabetes can impair a patient’s ability to drive and can lead to accidents on the road. Blood sugar levels that are either too high or too low can leave a patient feeling dizzy, sleepy, or confused and can also cause blurred vision. In more extreme cases, dangerous blood sugar levels can lead to loss of consciousness. If diabetes is not well-controlled, long-term effects can include nerve damage and visual impairment

Most individuals with diabetes can drive safely, but diabetics should be vigilant about monitoring there health status. It is vital that patients discuss safe driving with their health care providers. Monitoring blood glucose levels is important for the health of a diabetic patient and is even more crucial when the patient is behind the wheel. For some patients, keeping healthy snacks in the glove compartment can be a useful in case glucose levels drop suddenly. Low blood glucose levels can inhibit a driver’s ability to focus on the multiple tasks involved in driving safely. All drivers should have regular vision checks but this is particularly important for diabetics given the impact the condition can have on visual strength.