San Francisco Injury Lawyer Blog

California Highway Accident Injurs Family, Leaving One Dead

July 15, 2008 | Gregory J. Brod

When we came across the headline “Escondido Boy Dies In Highway 78 Accident,” it gave us a moment for pause. Here at the Brod Law Firm, we never like to read about anyone dying for any reason, but we especially don’t like to read about children dying in tragic car accidents such as this one. On Saturday, July 12th around 4:20pm an 8 year old boy was traveling with his family west on Highway 78 when the tragedy occurred. According to Highway Patrol Officer Brad Denham, the boy’s Grandmother was driving when one of the tires blew out, causing them to veer off the freeway and crash through a chain- link fence that bordered the off-ramp. Sadly, the boy was ejected from the back seat and was rushed to Tri City Medical Center, where attempts were made to keep him alive, but he died that same evening. His family suffered minor injuries.

After reading such a story, we don’t have enough factual information to make any conclusions regarding fault. All we can do is speculate. What we do know for sure, however, is that there was a tire blow out. We can ponder over whether or not hazardous road conditions led to the accident or if the tires on the car were defective or poorly maintained. The sad truth is, though, sometimes blow outs happen even if tires are not defective or properly maintained and road conditions are safe. We hope the victims of this accident focus less on finding the answers to these questions and more on finding the strength and resources to cope with their loss. Regardless of why the tire blew out, this story brings to mind the importance of tire maintenance. Even if you are a safe driver, there are some instances where the proper maintenance of your tires can save your life. According tiresafety.com there are few simple safety tips you can follow regarding maintenance of your tires, that don’t require much time, and they are:

• Look for the manufacturer’s recommended air pressure located on the door jamb of your vehicle, and always check your air pressure to make sure it is up to standards, especially if you are carrying extra weight.

California Cell Phone Laws – May I dial my phone while driving?

July 10, 2008 | Gregory J. Brod

July 1, 2008 has arrived and the new cell phone laws in California are now in effect. It is now against the law to use a handheld wireless telephone while operating a motor vehicle. A friend recently asked me if it would be considered a violation of the law to dial a telephone while driving, even though he planned to talk on the phone through a hands free device. His question raised an interesting point. California Vehicle Code Section 23123, which states the law, is silent on the issue of dialing.

The law specifically prohibits the use of a wireless phone that doesn’t allow for hands-free talking and listening. The point of the law is to reduce the significant number of motor vehicle accidents caused by distracted driving, which I discussed in a previous blog entry, California Cell Phones While Driving – New Laws. The new laws are not intended to tell drivers everything they should and should not do while driving a motor vehicle. I have personally seen drivers in the Bay Area eating food, applying makeup, and even reading the newspaper while driving. I am not aware of any laws that specifically prohibit a driver from eating a sandwich while on the highway, for example, but if it happened frequently enough, and traffic collisions were caused as a result, you could expect a law to address that conduct, as well. It does not appear that dialing your hands-free telephone while driving is against the law, but as with anything you do while operating a car, you have to be smart, cautious and keep your eyes on the road.

The Dangers of Driving Drowsy During the Holidays

July 9, 2008 | Gregory J. Brod

Over this past 4th of July holiday, a 65 year old San Jose woman, Verna File and her friend, Royce McFadden were killed in a rollover crash as they were returning home to California from a dog show in Missouri. Verna File and husband, Bill, were traveling with their their friends, Royce and Vickie Mc Fadenns, along with both couples’ bichon frise dogs. According to the Colorado State Patrol, Bill File was driving a 2000 GMC Yukon on Westbound Interstate 70 Saturday evening when he drifted into the center meridian. The SUV rolled over twice before landing on its top. Verna File and Royce McFadden,62, were declared dead at the scene, and Bill File and Vickie McFadden sustained serious injuries. The Colorado State trooper who was at the scene said the bichon frise dogs traveling with the couples were transported to the local veterinarian and that alcohol and drugs were not factors in the motor vehicle accident. The state patrol suspect driver fatigue as the contributing factor. If driver fatigue was truly a factor in the accident, we hope drivers pay attention and remember this story the next time they feel drowsy and want to get behind the wheel of a car.

Most people don’t think about driving long distances while feeling fatigued as seriously risky behavior or as behavior that has deadly consequences. Yet according to data put out by the National Sleep Foundation (NSF) regarding research conducted by the National Highway Transportation Safety Association(NHTSA)and Virginia Tech Transportation Institute(VTTI), the opposite is true. Their research measured real-world driver behavior through video and sensor devices on 100 vehicles over the course of one year, and researchers found:

• That nearly 80% of crashes and 60% near crashes recorded involved some type of

San Francisco Muni Accident – Drive on Cell Phone?

June 18, 2008 | Gregory J. Brod

Last Saturday, (6/14/08), a San Francisco MUNI train crashed into another train in San Francisco, injuring 16 people, including the drivers of the two trains. It has been reported that at the time of the crash, a rear-end collision, the driver of the rear train was traveling nearly six times the speed limit, and did not slow down. MUNI investigators are now looking into whether or not the driver was on the cell phone at the time of the wreck. Although MUNI drivers usually communicate via their radios, after the accident, surveillance camera footage shows the driver of the rear train with a cell phone in hand, according to the San Francisco Chronicle.

My last few blog entries have discussed cell phone usage while driving, and new laws, some of which specifically address bus drivers using cell phones. Apparently, MUNI’s policy prohibits the use of cell phones while driving, which mirrors California law, however, for a policy to have any effect, it needs to be enforced. Drunk driving is also illegal and I would imagine MUNI has a policy against drivers showing up to work drunk, but unless someone is overseeing the drivers and enforcing the policy, it’s meaningless. San Francisco MUNI, as well as any other entity that is responsible for safely transporting passengers, needs to ensure its operators and drivers do not use or even carry cell phones on the job. There is no need for it, even in an emergency. The MUNI driver that caused the recent crash in San Francisco could have communicated over the train’s radio. If the radio didn’t work, I am certain that any one of the many passengers would have had a cell phone to use. The key to prevention of many accidents is avoiding distractions. If a bus driver or train operator does not have a cell phone while driving, there won’t be temptation to use it, it won’t ring, and there will be no added distraction in doing their job.

Bus Drivers on cell phones?

May 23, 2008 | Gregory J. Brod

In my last posting, entitled “California Cell Phones While Driving – New Laws”, I noted the new cell phone laws that will affect drivers throughout the State of California, beginning in July of 2008. Currently, there are only 5 states in the entire country that have enacted state-wide laws that prohibit the use of hand held mobile phones while driving, according to the Governors Highway Safety Association. Those states are California, Connecticut, New Jersey, New York and Washington.

In February of 2005, a school bus driver in Maryland was charged with negligent driving after talking on a cell phone as the bus went down a 25 foot embankment, and thankfully, no serious injuries were reported. Believe it or not, laws have been enacted in 15 states that prohibit a school bus driver from using a cell phone (except for emergencies) when passengers are present, which I find remarkable. Maryland is not one of the states that currently bans school bus drivers from cell phone usage.

Whether or not a given state enacts legislation that bans cell phone usage while driving is currently a decision that each state makes on its own. Any responsible school district or private company, however, ought to have strict policies regarding cell phone usage for those who transport children to and from school, notwithstanding the law of that state. It is simply unimaginable that a bus driver, entrusted with the safety and well being of children would chat on a cell phone while driving.

California Cell Phones While Driving – New Laws

May 19, 2008 | Gregory J. Brod

In 1997, the National Highway Traffic Safety Administration (NHTSA) conducted a study regarding the safety implications of driving an automobile while using a cell phone. In the past ten years, the increase in cell phone usage has increased dramatically, resulting in distractions to more drivers than ever before. The dangers of inattentiveness while driving a car may seem obvious, but should not be understated.

When even minor distractions while operating an automobile can cause serious injury or death, the consequences of engaging in today’s advanced technology of dialing, text-messaging and even talking, can be grave.

New cell phone laws take effect in the State of California on July 1, 2008. California Vehicle Code Section 23123 will prohibit drivers from using a handheld wireless telephone while operating a motor vehicle. In addition, California Vehicle Code Section will prohibit drivers who are under the age of 18 to even use a hands-free telephone while driving. These laws will ideally help California drivers, who should be mindful of the distractions and dangers that operating new technology can cause.