San Francisco Injury Lawyer Blog

Highway 99 Named Most Deadly Road in the U.S.

November 23, 2016 | Gregory J. Brod

California is one of the largest states in the US, with a large population, as well. With some rugged terrain, our highways are the only way to get from here to there in some areas. One of the most traveled roads is State Route 99, also commonly called Highway 99. Running mainly north and south along the entire stretch of the state, almost everyone has traveled on it at one time or another. Recently, data was compiled and a report was released of America’s most dangerous roads. US 99 topped the list, being named the most dangerous road in the United States.

Factors That Make Roads Dangerous

There are a number of factors that are considered when rating dangerous roadways. Some of these factors include:

Holiday Driving Safety Tips

November 21, 2016 | Gregory J. Brod

The holidays are here, and that means an increase in traffic and accidents. There are a number of reasons why the number of accidents tends to increase around the holidays, such as more people driving impaired, inclement weather, and a higher volume of vehicles on the road. The good news is there are a number of things you can do to help make your holiday season driving safer.

Do Not Drive While Impaired

It only takes a few drinks to cause impairment. Even a slight impairment in judgment can cause a serious accident. If you go to a holiday party or event, plan to use a car service, or appoint one person as the designate sober driver. Remember that it typically takes just one drink per hour to put you at the legal limit. In California, the legal blood alcohol concentration (BAC) limit is 0.08%.

Bicycle Injuries and Deaths Remain High

November 20, 2016 | Gregory J. Brod

Bicycling has been increasing in popularity, both as a mode of transportation and as a recreational activity. Along with more bicycles on the road comes an increased incidence of serious accidents. The Insurance Institute for Highway Safety, Highway Loss Data Institute, IIHS HLDI, more than 700 people died as a result of bicycle accidents in the U.S. in 2014. Although this number is lower than the deaths that occurred in 2013, it still remains a relatively large number and a cause for concern.

Bicycle Fatality Statistics

The IIHS HLDI has been keeping data on bicycle accidents since 1975. According to the IIHS HLDI statistics, most of the bicycle fatalities, about 80%, occurred to riders who were not wearing helmets. The majority of accidents occurred in urban areas, and most of them happened in the hours between 6pm and 9pm. There has been an increase in the number of deaths of adults over the age of 20 and a decrease in children’s deaths over the last 40 years.

Understanding Comparative Negligence in California

November 18, 2016 | Gregory J. Brod

When a vehicle accident happens, it is often caused by the negligence of one of the drivers. Sometimes, however, more than one driver may have done something to contribute to the accident. In California, you may be partially responsible for an accident and still recover damages from the other driver. This system is known as comparative negligence. Although not all states participate in this method of allocating liability, California follows what is called “pure comparative negligence.”

Pure Comparative Negligence

The system of deciding fault for an accident in California is based on pure comparative negligence. This means that when an accident occurs, all drivers who are involved are assigned a portion of responsibility for the crash. Each party may then receive any damage awards based on these percentages. For those who were partly liable for the crash, the system is a fair way to apportion fault and compensation.

What to Do After a Hit-and-Run Accident

November 16, 2016 | Gregory J. Brod

Accidents happen every day. Fortunately, most are not serious and result in only minor injuries. Sometimes, a serious accident happens, and the other driver involved does not stop. It is important to know what to do if you were involved in a hit-and-run accident. Immediately after the accident occurs, identify the other vehicle and driver. If possible, get the make, model, and tag number of the vehicle. However, do not chase the other driver, since this could be unsafe. Remain with your vehicle and follow the following steps.

Call the Police

Call the police immediately. The police will document the accident and try to find the other driver involved. They will also take a statement from you and from any witnesses. It is important to note that according to California law, you are usually required to file an accident report with the California Department of Motor Vehicles, the DMV, within 10 days of the accident.

Motorcycle Accidents: What You Need to Know

November 14, 2016 | Gregory J. Brod

Traveling by motorcycle is a fun, economical way to get where you need to go. Unfortunately, motorcycle accidents are not uncommon. When a crash with a motorcycle occurs, the rider is often seriously injured, or even killed. The number of motorcycle deaths increased in California in 2014, even though the total number of traffic fatalities decreased overall.

Motorcycle Accident Statistics

Motorcycle fatalities in California increased by about 12% in 2014 over 2013. This is according to statistics kept by the California Office of Traffic Safety, or OTS. In 2013 there were 463 motorcycle fatalities, while in 2014 that number increased to 519 deaths. Motorcycle deaths per 100,000 registered operators were 54 in 2013. This number increased to 60 in 2014.

Tenant Rights and FAQs Part II

November 12, 2016 | Gregory J. Brod

In Part II of our post on landlord-tenant legal issues, we answer your questions on security deposits, evictions, and unlawful detainers.

Rent and Security Deposits

A major expense most renters face is paying a rent or security deposit. Landlords can demand deposits equivalent to one to two months’ rent before a tenant moves in. In California, a landlord can charge the equivalent of two months’ rent for a security deposit if the premises are unfurnished, and three months’ rent if they are furnished. Landlords can tack on one-half month’s rent if the tenant has a waterbed. Security deposits cannot be nonrefundable in California.

Tenant Rights and FAQs Part I

November 11, 2016 | Gregory J. Brod

You become a tenant when you agree to pay an amount in rent for access to property for a period of time. Aa a tenant you have rights. Tenant rights and landlord-tenant law as a whole are ever-evolving. Tenant rights may be mandated by federal, state, or local laws that address not only what happens when a tenant fails to pay rent or when a landlord wants to evict a tenant for making too much noise, but also rent control and a tenant’s right to disclosure of defects and to notice in cases of foreclosure.

FAQs

What are My Rights as a Tenant?

What You Should Know Before Suing Your Lawyer

November 9, 2016 | Gregory J. Brod

You lost your legal case and you are angry. After all, the progress of your case took years while legal costs mounted and now you may have to pay court costs, too. Who is to blame? Was your case really not strong or did your lawyer handle everything incorrectly?

You may feel that your attorney did not perform well and question why he or she should be paid when you did not win. You may consider suing the lawyer for malpractice. While it is true that some lawyers commit malpractice by not adequately representing their clients, proving a legal malpractice case can be extremely difficult. It is hard for a client to knowledgeably and objectively judge whether the attorney’s performance was appropriate or negligent.

Ordinary Skill and Care

Landlord’s Duty to Notify Tenants of Bugs, Pests

October 31, 2016 | Gregory J. Brod

Common law presumes a tenant’s right to habitable premises. Habitable generally means the landlord must:

Provide a clean and sanitary premises
Make repairs to or replace faulty or defective conditions within a reasonable time