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badge - Top 100 Trial Lawyers, The National Trial Lawyers
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The Brod Law Firm, your San Francisco car accident law firm, knows that anger and driving can be as volatile a combination as alcohol and driving. In our personal injury practice, our team has seen the danger of putting emotions before safety and we represent San Francisco road rage victims harmed by drivers whose emotions overtook their sense of due care.

van.pngRoad rage made headlines again this week. In the early morning hours of Wednesday, January 25, a minivan and a truck collided on Interstate 80 in Richmond. The minivan, a Ford Aerostar, was driven by Ronald Zerangue who was travelling west on I-80 in the vicinity of Carlson Boulevard. The van struck a GMC pickup truck travelling in the carpool lane before crashing into the center divider and flipping repeatedly. Zerangue, 63 of El Sobrante, died at the scene of the crash. The unidentified driver of the pickup and his passenger only suffered minor injuries.

Although the accident remains under investigation, The San Francisco Chronicle suggests road rage is being investigated as a cause. The California Highway Patrol believes that Zerangue may have been attempting to “brake check” the pickup truck at the time of the collision. Brake-checking is the practice of intentionally swerving in front of another vehicle and then stepping on the brake. The Chronicle reports that Zerangue had attempted to cross in front of the truck but clipped it instead, sparking the chain of events that led to the fatality.

Parents should be able to send their children to school with confidence that they are safe and protected from harm while they learn. This is a fundamental promise that our communities make to families. As an Oakland sexual abuse victim’s law firm, our team is committed to helping when this commitment is not met. Abuse in Oakland schools should not be tolerated and victims and their families should pursue justice in both civil and criminal court.

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The Oakland Tribune reported this week on the conclusion to a criminal case against a former area school teacher. Michael Merrick, 48, was a teacher at Lafayette’s Stanley Middle School when he was arrested on abuse charges in October 2010. The charges that Merrick molested a fourteen year-old girl stemmed from time the two spent in private summer tutoring sessions on school property and evidence included semen stains from a classroom couch as well as text messages sent by Merrick to the young teen. Merrick accepted a plea deal in the criminal case that will result in five years and eight months in prison. As part of the agreement, Merrick confessed to his actions in court and apologized to the girl, her family, and the community that trusted him with their youth.

Of course, no court action can ever bring back the loss of innocence or undo the harm caused by molestation, especially when the perpetrator was a trusted adult. That said, it is important that victim’s families consider whether a California civil lawsuit for sexual abuse may be an appropriate and even necessary step towards recovery. A criminal conviction is an important element of justice and can provide an important mental and emotional role in the victim’s recovery. However, a criminal conviction cannot address many of the very real aftereffects of the abuse. It is vital that abuse victims are able to receive skilled psychological counseling and this can be a very costly, long-term endeavor. In some cases, medical bills for physical injury may also be a factor. Only a civil lawsuit can provide the financial compensation from the abuser that will help a victim afford this necessary emotional and physical treatment.

walk.pngServing as a Sacramento pedestrian injury law firm means that our team is particularly aware that auto accidents are all too common in our car-driven culture. The reality of Sacramento pedestrian fatalities is particularly clear after two separate accidents claimed the lives of young adults in the past week.

According to The Sacramento Bee report, the first of these dual tragedies occurred in the early morning hours. At approximately 3:50AM, a twenty-one year old resident of Foster was struck by a car while walking on 113 North in Woodland. The victim was killed in the accident and the driver fled the scene. The California Highway Patrol is looking for witnesses who may have information relating to this fatal hit-and-run.

A second crash, also reported by The Bee, claimed an even younger victim. Sixteen year old Michelle Murigi of Sacramento was hit by a car while crossing Fruitridge Road at 58th Avenue. One eastbound vehicle had stopped to allow the teen to cross but a second car continued through the crosswalk and struck the girl. The crash occurred on Thursday afternoon and Murigi was taken to UC Davis Medical Center. She was placed on life support but succumbed to her injuries and passed away on Friday night. The unidentified driver reportedly said that he did not see the pedestrian and the accident remains under investigation.

car%20crash%203.jpgRecently California’s 6th Court of Appeals ruled that when a car is sold, the previous insurance is released from liability even if all of the DMV documents have not been transferred yet. Our San Francisco insurance attorneys think auto insurance consumers should be aware of this important recent ruling when buying a new car and deciding what to do about insuring a new car- the timing could be critical.

This recent case, Thiel v. Mercury General Corporation. (http://www.leagle.com/xmlResult.aspx?xmldoc=In%20CACO%2020111227042.xml&docbase=CSLWAR3-2007-CURR), turns on the specific timing and facts as to when ownership of the car was transferred and therefore when the insurance policy ceased to cover the car. Daniel Thiel bought a 2001 BMW from the Benfords in 2008. He paid for the car both with cash and a check. He was told when his check cleared the Benfords would send him the car title. However, before any paperwork could be finalized, an uninsured drunk driver struck Mr. Thiel as he was driving his new car home the very day he bought it. Mr. Thiel was not at fault for the accident and suffered head, chest and leg injuries, requiring two surgeries on his leg and physical therapy.

Mr. Thiel was also uninsured at the time, perhaps simply because had not made insurance arrangements for the car he bought just that day. Regardless, he filed a claim with Mercury Insurance, which had insured the car under the Benfords, but his claim was rejected because the Benfords filed an online Notice of Transfer and Release of Liability with the local DMV the day after the accident and therefore the coverage was terminated.

The N Judah line, which travels from Ocean Beach to 4th and King Streets, boasts the biggest share of ridership of San Francisco’s light rail lines. Unfortunately, it also boasts the largest number of accidents. According to the SF Examiner, the N Judah was involved in 84 accidents between 2008 and 2011, which is 26 more than the next most accident prone light rail line- the M-Ocean View.

Besides the high traffic on the N Judah line, the safety of the line is affected by its route through the busy Sunset District. The way the streets are designed gives the district a neighborhood feel, but it also makes it difficult for trains to pass through safely. Supervisor Matt Grossman expressed concern over the fact that many stops along the line lack boarding stations. Supervisor Carmen Chu admits that boarding procedures should be looked at on the line to improve safety.

Intersections of high concern include 9th Avenue and Judah street, where a combination of trains running lights, cars steering around trains, and jaywalkers have led to accidents like one in June, 2011, in which the N Judah collided with a truck making a U-turn. In May, 2011 an accident occurred between the N Judah and a vehicle at the intersection of 24th Avenue and Judah, when a driver collided with the N Judah where she had a stop sign and the N Judah did not.

The San Francisco Municipal Transportation Agency (SFMTA) continues to look for ways to improve safety on the line. In June, 2011 SFMTA created the N Express bus line to relieve congestion during commute hours. Six months later, the SFMTA deemed the line a success and decided to make it permanent. Supervisor Carmen Chu worked with the Department of Public Works to install bright colored planter boxes at the intersection where turnaround for the N Judah is located.The boxes are meant to discourage drivers from making dangerous maneuvers to get around trains stopped there.
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Like others around the world, our San Francisco personal injury law firm team has been watching as the tragic story of the cruise ship disaster on the Italian coast unfolds. It seems that each day a new element emerges as the world attempts to understand both the accident and its aftermath. The actions of the ship’s captain both leading up to and following the moment the Concordia ran aground will be discussed and disputed for a long time to come. The reports thus far suggest far more than simple negligence on the captain’s behalf and serve as a reminder that operating errors can extend far beyond drivers of cars and SUVs.

boat.pngWe are proud to serve boating accident victims in San Francisco and throughout Northern California, regardless of whether their injuries occurred on a large cruise ship or a much smaller, personal boat. The California Department of Boating and Waterways, which compiles statistics on boating injuries in the state, found that in 2008 a total of 686 accidents led to 382 injuries, 48 deaths, and $5,899,184 in damages. This represented a significant decline from the prior year with 2007 containing 804 accidents, 482 injuries, 55 fatalities, and $10,643,800 in economic damages resulting from boating accidents. In both years, the largest share of accidents involved open motorboats. Other Department publications suggest that half of all fatal boating accidents involve intoxicated vessel operators.

Given the numerous coastal regions and other waterways in our state, it is not surprising that California has a fully developed system of laws and regulations governing boaters that is akin to the more commonly known rules of the roadways. The waterways laws include many specific procedural rules as well as general prohibitions against reckless or negligent vessel operation. California does not, however, require a license to operate a boat. The Department of Boating and Waterways does offer a number of safety education pamphlets, including a detailed correspondence home safety course that can result in reduced insurance premiums upon a boat owner’s successful completion of a safety test. In some cases, people who have been involved in a boating accident or who have been charged with a violation of a waterways law may be ordered by a judge to take part in this course.

As an experienced San Francisco personal injury law office, The Brod Law Firm knows that vehicle crashes can involve pedestrian victims in addition to the vehicle occupants. Our San Francisco pedestrian injury attorney also knows that these cases often result from a myriad of causes that all contribute to an accident. It is our mission to hold negligent drivers and operators responsible for their actions but we also urge residents to exercise caution while walking to help avoid tragic results.

ped%20sign.pngCNN’s website is reporting on a study published in Injury Prevention that drives home the importance of being aware of your surroundings, even when you are on foot rather than behind the wheel. The study by a team at the University of Maryland School of Medicine found that serious injuries and fatalities involving headphone-wearing pedestrians tripled in the period between 2004 and 2011. Half of the reported incidents involved train collisions while the other half involved cars, trucks, buses, or bicycles. Although headphones have been around for decades, they have become increasingly prevalent in our wired 21st century lives. The danger appears especially prevalent for younger people with twenty-one being the median age of the pedestrians. Headphones can render pedestrians inattentive and limit their ability to hear oncoming vehicles. In response to the danger of distracted pedestrians, some lawmakers have even considered legislation forbidding the use of headphones in city intersections.

As a victim’s personal injury law firm in San Francisco, we know that accidents are complex. While we urge residents to use caution and take steps to avoid pedestrian injury, we also believe that those injured by negligent drivers deserve compensation even if their own actions were not without fault. Until 1975, California used a legal principle that barred any recovery whenever the victim’s own negligence contributed to the accident. This is no longer the case. The California Supreme Court has since made it clear that victims can recover even in cases of contributory negligence, the legal term for the victim’s own imperfect actions. Victims can still bring, and win, personal injury suits where their own negligence was a factor. Instead of barring recovery, the court may reduce the amount of damages awarded in order to take the plaintiff’s role into account. For example, if the court finds that a speeding driver held 85% of the responsibility for a crash with 15% of the fault being due to the pedestrian’s own distraction, the court will calculate the amount of damages and award 85% of the total figure.

Dogs can be wonderful companions. They are loyal, loving, and are often a true member of the family. While most pets are gentle and kind, dangerous dogs are a real concern. As your Sacramento personal injury lawyer and an experienced California dog bite law firm, The Brod Law Firm is prepared to help residents who have suffered injury after being attacked by a dog.

bewaredog.pngThe Sacramento Bee and CBS 13 Sacramento both reported on a vicious pit bull attack on the morning of Saturday January 14, 2011. The attack occurred at a home in South Sacramento on the 7000 block of Third Parkway. Details on the events leading up to the event are limited, but it appears that a nine year-old boy walked from the home into the backyard where the dog was located. The dog severely mauled the child, leaving him with a head injury and damage to his arm. A woman was also injured in the events. Her injuries appear to be less severe and the article reports that she is recovering. A neighbor, Pat Nunes, heard the commotion and helped to free the boy from the dog’s bite. Paramedics and law enforcement responded to the call and contacted Sacramento County Animal Control for additional support. The sheriff’s office reported that an officer did fire his weapon when the dog attempted to leap a fence and escape from the home’s yard. The Bee does not comment on the dog’s fate but CBS’s web site reports that the dog was killed.

California law is particularly strict in cases of dog bites. While some states have a policy that the owner must have been aware of the dog’s viciousness in order to impose civil liability, California does not. Under California Civil Code Section 3342 an owner is automatically liable for the actions of their animal. This is a huge benefit to victims seeking compensation in civil court since they do not need to prove prior knowledge, a tricky and difficult requirement. This strict liability rule does have an exception for cases where the dog was intentionally provoked.

Good news for those interested in the fight to keep the insurance industry fair and honest in California. Commissioner Dave Jones announced on Tuesday that California’s Department of Insurance (CDI) recovered $54 million for consumers in 2011.

The Department has two branches, one to deal with consumer complaints and the other to investigate insurance companies through a thorough examination process (see further discussion of CDI here. The Consumer Services branch runs a consumer hotline that receives about 200,000 calls annually, as well as bureaus on health claims, claims services, and rating and underwriting services. Our San Francisco insurance lawyer was happy to read that the Consumer Services branch recovered over $49 million last year through investigations of the complaints filed. The other division, the Market Conduct Branch, which includes a field claims bureau and a field rating and underwriting bureau, ran 114 examinations of insurance companies last year and recovered an additional $5 million for California insurance consumers. Commissioner Jones stated that protecting consumers is the Department’s top priority and that, “Our consumer complaint services and market conduct exams are important tools that we employ to respond to the needs of consumers and proactively go after any activities that pose a threat to policyholders.” insurance%20health.jpg

The 2011 numbers are actually down from 2010, when the Department of Insurance recovered $63.8 million for consumers. And the Department recovered $89.1 million in 2009, but that number was higher because the Department was still processing the high volume of claims after California’s devastating 2007-08 wildfires. These high recovery numbers year after year show that the Department of Insurance is needed to be a watchdog for nefarious insurance companies trying to use inappropriate tactics against honest, paying consumers.

As a San Francisco law firm for car accident victims, The Brod Law Firm knows firsthand that car crashes are often much more complicated than they seem. It may seem simple to assess fault and the temptation to stop the analysis at the driver may be especially strong in cases involving DUIs. However, it is important to dig deeper to examine the many factors that contribute to drunk driving accidents. This process is vital to preventing future accidents and to ensuring justice is served for the victims.

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The San Francisco Chronicle reported this week on charges filed against two adults stemming from a fatal car accident involving an intoxicated teenage driver. The details are in dispute but it appears fifty-one year old Amelia Chin accompanied Margaret Qaqish, a seventeen year old friend of Chin’s daughter, to the Good N Rich Dairy Market where an alcohol purchase was made. The involved parties debate who made the purchase, but the alcohol appears to have been a factor in a car crash during the early morning hours on the following day. The driver, seventeen year old Sean Quintero, was intoxicated and reportedly debating music choices with his passengers when he failed to notice that the car in front of him had stopped. Quaqish, the teen involved in the store visit the prior day, was sitting in the middle rear seat when the car collided with the stopped vehicle. She was thrown forward and died at the hospital the following day.

In November, Quintero, the teenage driver, pled no contest to charges including misdemeanor vehicular manslaughter and felony drunken driving. His blood alcohol level was 0.15% at the time of the crash, nearly twice the limit for drivers under California law. His sentence will be handed down next month. This week, additional charges were filed relating to the accident. Chin, a resident of Alameda, has been arrested on suspicion that she furnished alcohol to the teens. Additionally, Abduhl Azeem Buksh, a co-owner of the Dairy Mart and the clerk involved in the alcohol sale, has been charged with selling alcohol to minors. As noted above, there remains a dispute regarding who made the alcohol purchase and there are likely other specific facts that need to be clarified to determine how these charges will play out in court.

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