San Francisco Injury Lawyer Blog

Oakland-San Francisco Attorney Comments on Cell Phone Radiation

April 26, 2011 | Gregory J. Brod

The cell phone industry is pushing hard against a San Francisco ordinance that requires information about cell phone radiation be disclosed to consumers, according to newsinferno.com. CTIA-The Wireless Association recently filed suit against the city of San Francisco in order to prevent the cell phone radiation disclosure ordinance from being enacted. It turns out CTIA has five law firms representing their claim that the San Francisco ordinance infringes on the industry’s First Amendment rights by forcing it to acknowledge, against their will/belief, that there may be a problem with radiation exposure. They are also claiming that cell phone regulation is a federal matter, meaning no city or state can interfere by requiring disclosure of radiation absorption levels.

Studies about health effects of cell phone radiation have been inconclusive, but studies are showing that there is a need for more research, as some of the current research has raised red flags. For example, in a World Health Organization’s Interphone Study of around 13,000 people from different countries, it was revealed that the heaviest cell phone users–those who use the device at least 30 minutes a day, on the same side of their heads– had a 40 percent higher risk for gliomas, a common type of brain tumor. In a different study done by the National Institutes of Health, researchers found that 50 minutes of cell phone use was associated with increased brain glucose metabolism in the region closest to the phone antenna, and it is one of the first studies showing scientific evidence that cells phones affect brain activity.

The outcome of this case will have far reaching consequences, as it will determine how all other cities shape their ordinances, and, as a result, many cities are watching closely. If San Francisco gives in to the industry, this could set a precedent, and will send a message to the little guy, in this case individual cities: They can’t beat the big corporations and that big business will always show up on the scene with their arsenal of lawyers and intimidate anyone who disagrees with them.

San Francisco-Oakland Car Accident Lawyer Comments on Texting While Driving

April 25, 2011 | Gregory J. Brod

Earlier this month, a Muni passenger on the 24-Divisadero line videotaped the driver texting while driving. When the passenger confronted the driver, the driver threw the passenger off the bus. After the incident, the Muni driver was suspended, but last Thursday, the same passenger saw the same driver behind the wheel of the same bus. The spokesman for the Municipal Transportation Agency, the agency that operates Muni, said they are conducting an investigation to find out how the operator ended up behind the wheel last Thursday, and also said that, as of Friday, the driver is no longer employed by SFMTA. What happened to this particular Muni driver should be a stark reminder for anyone who has forgotten the California law banning the use of a handheld device while driving, especially for those who drive commercial vehicles. The National Highway Traffic Safety Administration reported in 2008 that driver distraction was the cause of 16 percent of all total fatal crashes, in which 5,800 people were killed, and 21 percent of crashes resulting in injuries, in which 515,000 were wounded.

By now it should not be a surprise to anyone that texting while driving can lead to disastrous results. Specifically speaking, texting while driving forces drivers to take a hand off the wheel and their eyes off the road in order to type messages and occasionally glance at incoming messages. Statics show that you are 8 times more likely to get into an accident if you are texting. One way for you to stay safe while driving is to put you phone on silent, especially if you are not someone who is expected by their employers or family members to be on call. And if you are expected to be available every second of the day, you should pull over to answer incoming calls-and don’t forget to make sure that your car is in a safe place, not obstructing traffic–or have a blue tooth device so that you don’t have to take your hands off the wheel to answer. However, having a conversation, even if it is on a hands free device, can be just distracting because it can take away your focus from the road in front of you. Other driver distractions to be aware of are listening to loud music, as loud music can drown out important sounds from the outside, such as ambulances, horns or aggressive drivers. Reading maps is another task that takes a drivers attention away from the road and cause an accident. If you or a loved one suffered an injury due an accident involving a distracted driver, please contact our firm. We have successfully helped victims of car accidents and can help you get the compensation you deserve.

San Francisco-Oakland Bicycle Attorney Comments on Masonic Street Changes

April 22, 2011 | Gregory J. Brod

Last week a pedestrian was struck while jogging through an intersection at Masonic and Grove. She survived the accident, but the driver managed to break her leg as he slammed into her after running a red light. The accident is one of several that have occurred on Masonic recently. As a result, the San Francisco Municipal Transportation Agency has installed a number of traffic calming measures on Masonic over the past nine months, and additional steps are supposed to be implemented over the next few months. Some of the steps include re-striping badly faded travel lanes, painting directions for motorists to merge where a number of lanes on Masonic change, and painting 25mph on the street surfaces. The MTA has also proposed removing parking spaces and installing separated bike lanes, bike lanes that would be from either a raised curb or soft-hit posts. In addition to all of that, North of the Panhandle Neighborhood Association has officially endorsed, along with the SF Bike Coalition and the community grout Fix Masonic, the Boulevard Option for Masonic avenue, which proposes to turn Masonic Avenue into beautiful tree-lined, safe boulevard. The project would plant 200 trees along the boulevard, improve the sidewalks, paint bike lanes green, and create bulb-outs to allow safer and easier crossing at intersections for pedestrians.

These changes are much needed on Masonic, as the current layout of the street and the many vehicles that travel at high speeds make it frightening for pedestrians and cyclists. Because Masonic is flat and moves north to south between height and the Presidio, it is a main thoroughfare for many pedestrians and cyclists, all of whom should not have to worry about becoming another statistic. But that the worrying will be over soon, and we can all thank the consorted efforts of the San Francisco Bicycle Coalition and Fix Masonic for pushing the SF Municipal Transportation Agency to move ahead with plans aimed at calming one of the busiest and most dangerous streets in San Francisco. If you have suffered an injury while biking or walking in San Francisco, please contact our firm. We have over 10 years experience successfully settling claims for cyclists and pedestrians.

Oakland-San Francisco Attorney Comments on Antibiotics in Our Food

April 21, 2011 | Gregory J. Brod

The growing presence of antibiotic-resistant bacteria is a major challenge today. According to one study published in the Journal Clinical Infectious Diseases, much of our meat and poultry is contaminated with multidrug-resistant staph, which means consumers across the U.S. are at risk-and what those risks are is still unclear. Antibiotics are the most important drugs we have to treat Staph infections. But when Staph is resistant to several different antibiotics, patients have few options for treatment, leaving them sick and vulnerable to dying. According to warning issued by the World Health Organization (WHO), overuse and misuse of antibiotics, including in the general overuse at the therapeutic level, is creating a global war against infections and diseases as they render existing antibiotics useless. The fact that the drug-resistant pathogen was so prevalent, and likely came from the food animals themselves, is troubling and demands attention to how antibiotics are used in food-animal production today. However, lowering or halting the use of antibiotic use in animal production could have serious effects on the meat and poultry industry. At the same time, there is a growing movement to reduce the use of antibiotics, but there is still controversy over whether or not low-dose usage of antibiotics in food animals can be directly linked to drug-resistant illness in people.

Here at the Brod Law Firm, we believe no food production company should be allowed to add antibiotics, or any drugs or chemicals, to our food until they can prove doing so does not put consumers’ health at risk. But the sad fact is that stopping the use of it now could lead to increased animal disease and a further reduction in food safety. Our current food production system is so enmeshed in the practice of using antibiotics– ever since ranchers and farmers discovered decades ago that it would make animals gain weight, which would lead to higher yields and ultimately raise industry profits-that that same system could crumble if things were to change. But maybe that is a good thing.
If you or a loved one suffered an injury due to the consumption of a tainted food product, please contact our firm for a free consultation.

Oakland-San Francisco Rolloever Attorney Comments on Interstate 80 Rollover Accident

April 19, 2011 | Gregory J. Brod

A 48-year-old Oakland man driving to Reno with his family was killed when he crashed and rolled over on eastbound interstate highway 80 in Albany yesterday morning, according to SFGate.com. The man was driving a white Ford Explorer when he suddenly veered to the left, overcorrected, and then lost control. The SUV rolled multiple times before coming to rest. The man was pronounced dead at the scene, while his wife had a broken leg and his children, ages 10 and 12, suffered minor to moderate injuries. The wife was on the phone of the time of the crash. She was talking to family members who were also heading up to Reno. The family members told the CHP that the line went dead and when they called back, there was no answer. When they did get through after a few minutes, they heard sirens and commotion. The CHP are not sure if he was distracted at the time of the crash. They did say, however, there was no indication that alcohol was a factor.

This story brings up an important and forgotten fact about SUV’s: they are not vehicles built for safety. What is more, people die just as often in SUV’s as they do in cars, and people who drive SUV’s are more likely to die in a rollover than someone in a car. The simple truth is that the biggest SUV’s doesn’t make you safer than if you were in a large car or minivan. SUV’s make people feel they are in control and in charge, but that is just an illusion. Even though many more safety features are being built into vehicles today, many can’t afford them. Perhaps some of the newer models are safer, but it is hard to know for sure, as we still don’t see car companies making SUV’s safe in all foreseeable types of crashes, especially rollovers. Here at the Brod Law Firm, we believe the real and only way for a consumer to stay safe is to be an informed consumer. If you or a loved one suffered an injury in a rollover crash, contact our firm for a free consultation. We have over 10 years experience representing clients involved in violent SUV rollovers and can help you receive the compensation you deserve.

Oakland-San Francisco Injury Attorney Comments on Premises Liability

April 18, 2011 | Gregory J. Brod

According the sfexaminer.com, a homeless man, Michael Stafford, allegedly shot by a store employee in the Haight, following a dispute that began over a Chihuahua, is suing the owners of the property where the shooting occurred, claiming the incident left him permanently disabled. The news report stated that he frequented Fred’s New Lite Market before he was shot on February 9th. Fred Kazzouh, Sam’s older brother, said that Sam had been taking medication for schizophrenia and that Stafford himself has an emotional condition. The lawsuit seeks unspecified damages and alleges that Sam Kazzouh, the store owner’s younger brother, shot Stafford in the head and back, leaving him paraplegic. It also claims that Kazzouh’s family, which runs the store, knew Sam suffered from mental illness that made him prone to violence, but, nevertheless, allowed him access to a gun.

These types of civil suits fall under the category of Premise Liability, a term used to describe the legal responsibility that a landowner and occupier of a property has for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall injuries are common types of premise liability claims. In addition, claims may be filed for injuries that are the result of equipment that is used on the property. Also, injuries that may be a result of another person’s actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Anyone who has been injured due to the negligence of others and considering filing a premises liability claim, should contact an attorney in a timely manner. This is important because injured parties will want to protect and preserve vital evidence. Also, potential claimants will need to find out if there is a statute of limitations, the time in which a person has to file a claim from the moment the injury occurred, bearing down on the matter. If you or someone you love has suffered an injury due to negligence on the part of a property owner, please contact our firm. We have over 10 years experience helping injured parties receive the compensation they deserve.

Oakland-San Francsico Personal Injury Attorney Comments on Trucking Accidents

April 15, 2011 | Gregory J. Brod

A lawsuit has been filed in Alabama federal court over Freightliner heavy duty trucks manufactured by Daimler Trucks North America LLC, a division of Daimler AG. The Freightliner truck lawsuit is seeking class action status and alleges Daimler sold thousands of vehicles with defective rac-and-pinion steering systems. The complaint was filed in the U.S. District Court for the Northern District of Alabama. The lawsuit points out that Daimler has issued voluntary recalls of its rack-and-pinion steering systems. According to the recall notice the left hand inner tie rod may loosen over time and potentially separate from the steering rack under certain conditions, which could cause in the driver to lose control and potenially cause a catastrophic accident.

Here at thehttps://www.brodfirm.com Brod Law Firm we have safety advice for drivers when they approach commercial trucks during their everyday commute. Firstly, you should always be extra alert as you approach a large truck, as their blind spots are difficult to avoid. That being said, the following is a helpful tip for navigating a truck’s blind spot: If you can’t see a truck’s side mirrors, then that means the truck driver can’t see you. Also, you should never pass a truck on the same side it is signaling to turn. Trucks need to swing wide to negotiate turns safely, and the rear wheels follow a shorter path than the front wheels. As a result, you could get cought in the middle of the turn and collide with the truck. In addition, trucks require much more distance to stop in comparison to cars. Forcing a large vehicle to stop quickly can result in a fatal accident, so stay at a safe distance in front of trucks. And you should always use the proper procedure to pass a large truck or a bus on the highway–accelerate slightly and maintain a consistent speed while passing, and wait until you can see the entire cab in your rear-view mirror before signaling and pulling in front of it. Lastly, never attempt to cut off a truck in traffic or on the highway to reach your exit or turn.

If you of loved one suffered an injury due to a collision with a commercial truck, contact our office for a free consultation. We have over 10 years experience helping victims of serious traffic accidents get the compensation they deserve.

San Francisco-Oakland Product Liability Attorney Comments on Toxic Chemicals in Everyday Cleaning Products

April 12, 2011 | Gregory J. Brod

Exposure to toxins in cleaning products is pervasive throughout homes in the United States and children are especially vulnerable to the harmful effects of chemicals. An infant’s exposure can be particularly high due to the fact that they crawl on the ground and put their hands in their mouths, which causes them to ingest chemicals from the floor such as hardwood or tile cleaners and carpet finishes. Frequent use of hazardous cleaning chemicals is associated with persistent wheezing among pre-school children, and increases the likelihood of asthma attacks among children. Even the cleaning products that are labeled “green” emit hazardous compounds not listed on labels.

A study at the University of Washington, has shown that there are hundreds of chemicals hiding in popular products such as, laundry detergents, deodorants, shampoos, and air fresheners. All such products emit at least one chemical classified as toxic or hazardous, according to the study, and some even emit at least one chemical considered a probable carcinogen by the U. S. Environmental Protection agency. The study established the presence of various chemicals but made no claims about possible health effects. However, the researchers have found from surveying the public that 20 percent of the population have had adverse health effects from air fresheners, and about 10 percent complained of adverse effects from laundry products vented to the outdoors, especially among asthmatics.

The Household Product Labeling Act, which is currently under review by the U.S. Senate, would require manufacturers to list ingredients in air fresheners, soaps, laundry suppliers and other consumer products. Consumers can avoid such chemicals by cleaning natural ingredients, such as with vinegar , lemon and baking soda. For more information on volatile organic compounds, visit the U.S. Environmental Protection Agency’s website at and the National Library of Medicine. If you or loved on suffered an injury due to the use of a hazardous product and would like to know if you have a claim, please contact our office. We have over 10 years experience handling product liabity claims and know how to help victims win the compensation they deserve.

San Francisco-Oakland Injury Attorney Comments on Crackdown on Distracted Driving

April 11, 2011 | Gregory J. Brod

According to almanacnews.com, fifty five drivers have been officially encouraged to think before using a handheld cell phone while driving. The Menlo Park Police Department issued citations to distracted drivers as they were driving through Menlo Park on April 4th and 5th -48 were cited for talking on a handheld phone while driving and 7 for texting while driving. In Atherton, the police department issued two citations for talking on the phone, and the San Mateo County Sheriff’s Office issued 22 citations for talking on the phone and 2 tor texting. It turns out, traffic patrols throughout California have designated April as the “zero tolerance” month for distracted driving. The other two remaining days of crackdown are April 14th and 28th. Citations will cost drivers a minimum of $159 for the first time and $279 for subsequent violations. Drives who used a hand-held cell phone or device quadruple their risk of an accident serious enough to injure someone, according to studies that claim this behavior has a severe affect on reaction time, the same reaction time as drunken driving.

According to distraction.gov, distracted driving is any non-driving activity a person engages in that has the potential to distract them from the primary task of driving and increase the risk of crashing. There are three types of distracted driving:

• Visual-taking your eyes off the road;

Caltrain Strikes and Kills a Man

April 8, 2011 | Gregory J. Brod

Yesterday, a southbound Caltrain struck and killed a man in San Mateo Thursday morning, according to the San Francisco Examiner. Train No. 198 left San Francisco station at 12:01 a.m. and hit the pedestrian on the tracks about 100 yards north of 25th Avenue at around 1am. Authorities are investigating how the man ended up on the tracks. There were 62 passengers on the train at the time of the incident, which continued southbound shortly after 2 a.m. and made all scheduled stops.

When a train accident occurs and you are injured or a family member is injured or killed, you may think that seeking monetary damages is an inadequate form of compensation, but monetary compensation can help pay for the medical bills and living needs of the train accident victim’s family. Victims injured by a train need to prove, with the aid of an attorney, that the defendants failed to act in a carful manner when they had a duty to do so and that the accident caused their injuries. Since each train crash is different, and each victim’s injuries and losses are unique, the types of damages available in each train crash will be different. An attorney can help you decide which kind of damages you should seek, such as medical bills and health care costs, future health care costs, property damage, impaired earning capacity, lost wages, pain and suffering, life care, and wrongful death. And because each train accident is unique, as they can have a single cause or multiple causes, a qualified and experienced attorney can decipher, with the help of accident reconstructionists, engineers and other experts, all the parties that can be held liable for a victim’s injuries.

Here at the Brod Law Firm, we have litigated and settled a large number of personal injury claims on our clients’ behalf, and we are able put our legal expertise to work on any personal injury case, including train accidnets. If you or a family member suffered an injury due to the negligence of another, please contact our firm. Our firm will work hard on your claim to get you the compensation you deserve for your injuries, and we will fight on your behalf in court when a settlement is not possible