San Francisco Injury Lawyer Blog

Across the Aisle: A Brief Look at the Criminal Side of California DUI Law

June 19, 2015 | Gregory J. Brod

As a DUI injury law firm in Sonoma County, we believe our obligation to represent our clients includes ensuring they understand the legal process. One of the first things we explain about California DUI injury law is something anyone involved in a legal dispute should know — there are separate legal systems for criminal and civil matters. Injured parties can file (and win!) civil claims whether or not a criminal charge is filed based on the underlying incident. Despite the separation, we believe it is helpful for those injured by a drunk driver to understand a bit about criminal DUI charges in California.

The Underlying Laws Against Drinking and Driving

California law contains two broad prohibitions against drunk driving, Vehicle Code 23152(a) and (b). Section (a) is more general and makes it illegal to drive while under the influence of alcohol. Section (b) is more specific and prohibits anyone with a blood alcohol concentration of 0.08 or higher from driving in the state. Notably, this means a person can actually be charged with drunk driving even if their blood alcohol level is below the so-called “legal limit.” Police often charge drunk drivers with both offenses. Ultimately, defendants can be convicted of both offenses but they can only receive a punishment for one.

Bay Area Injury Attorney on the Rights of Balcony Collapse Victims

June 17, 2015 | Gregory J. Brod

For many apartment dwellers, a balcony is their version of a backyard providing a chance to enjoy a sunny day or cool evening and functioning as an extension of their home. Both occupants and visitors should be able to enjoy a balcony with confidence in its stability. Sadly, as we were reminded this week, balcony and deck collapses are a very real danger. San Francisco balcony collapse lawyer Greg Brod is prepared to use California law to help injured victims and grieving families following devastating balcony collapse tragedies.

Berkeley Balcony Collapse Kills Six, Injures Seven

In the early hours of Tuesday June 16, a balcony collapsed in downtown Berkeley claiming at least six lives and leaving seven others injured. According to the San Francisco Chronicle, the collapse occurred at Liberty Gardens, a four-story apartment building on Kittredge Street near Shattuck Avenue. The victims were attending a birthday celebration when the balcony of a top-floor apartment detached from the building and sent partygoers tumbling. Most of those attending the party were Irish students participating in work-study programs.

The Untold Dangers of Roller Coaster and Amusement Park Accidents

June 16, 2015 | Gregory J. Brod

Roller coaster fanatics travel far and wide to check out a new attraction, experience a unique thrill, or take a ride on a historic attraction. For fans, part of the thrill is feeling scared and out-of-control while knowing they are ultimately safe. Sadly, that sense of safety is sometimes false; roller coaster injuries and other amusement park accidents are a reality. When a memorable day of fun turns tragic, our Northern California amusement park injury lawyer can help.

Two Injured at Santa Clara Amusement Park

According to the San Francisco Chronicle, two people were injured in an accident at California’s Great America on Friday June 12. The incident involved the Flight Deck roller coaster (previously called Top Gun), an inverted coaster that allows riders’ legs to dangle free. Based on official statements and witness accounts, it appears that an employee of the Santa Clara amusement park was struck in the head by a rider as the coaster was returning to the base station. A rider also suffered a hand injury during the incident.

Supreme Court Declines to Review San Francisco Gun Regulations

June 13, 2015 | Gregory J. Brod

According to Bloomberg, on Monday, June 8, the U.S. Supreme Court declined to review a decision upholding San Francisco gun laws. While we do not take a stand on this issue, we recognize that gun violence and unintentional shootings pose a real danger. We believe that it is important to understand the state of the law when it comes to gun rights and regulations.

San Francisco Gun Regulations

According to NPR, the laws at issue in the ruling date back to 1994 and to 2007. In 1994, a San Francisco ordinance banned the sale of hollow-point bullets. Hollow-point bullets are bullets with a hollowed out shape in the tip, often intended to cause the bullet to expand upon impact.

New Federal Railroad Administration Guidelines for Passenger Trains

June 12, 2015 | Gregory J. Brod

In response to last month’s commuter train accident in Philadelphia, government agencies have recommended additional guidelines and steps to increase railroad safety. On June 9, the Federal Railroad Administration (FRA) issued a safety advisory recommending concrete steps that passenger railroads take to ensure that trains are traveling a safe speed.

Philadelphia Amtrak Accident

On May 12, 2015 an Amtrak commuter train from Washington, DC to New York City derailed in Philadelphia. According to NBC, at least 7 passengers were killed and over 200 more were injured as a result of the crash. As we’ve already discussed in a previous blog post, the train’s speed was quickly targeted as a contributing factor to the derailment. According to the Wall Street Journal, the National Transportation Safety Board (NTSB) investigation revealed that the train’s speed reached 106 mph just before a curve in the track. The speed limit at that location was 50 mph.

Lawsuit Alleges Counterfeit Parts Used in Spinal Surgeries Nationwide

June 11, 2015 | Gregory J. Brod

Patients place trust in their health care providers; they trust their doctors to provide a diagnosis and offer safe, effective treatment options. Unfortunately, sometimes health care providers take advantage of that trust. An increasing number of doctors across the country are alleged to have participated in a scheme to file false claims with insurance companies while using counterfeit parts in spinal surgeries. As recently as this month, new doctors alleged to have used fake parts in surgeries have been identified.

Nationwide Scheme to Submit Fraudulent Insurance Claims

Beginning last summer, more than two dozen lawsuits have been filed against a variety of defendants for participating in a scheme to use fake parts – such as screws and hardware – in spinal surgeries across the country. According to a Southern California Public Radio report, a Murrieta distributor, Spinal Solutions, manufactured fake non-FDA approved parts, which were provided to hospitals and doctors who submitted claims for more expensive FDA approved parts. Providers billed insurers as much as $12,500 for parts that cost as little as $300. The lawsuits allege that there are thousands of surgery patients who may have unknowingly had counterfeit parts used in their spinal surgeries.

Bed Bug Infestations Targeting Health Care Providers

June 9, 2015 | Gregory J. Brod

According to Pest Control Technology Magazine, the Professional Pest Management Alliance (PPMA) has designated this week – June 7 through June 13 – as Bed Bug Awareness Week. Bed Bug Awareness Week is designed to educate the public about how to prevent and detect bed bug infestations.

Bed Bug Infestations On the Rise

According to National Pest Management Association (NPMA), there is a widespread increase in the prevalence of bed bug infestations. An industry survey conducted last year, which was released in conjunction with Bed Bug Awareness Week, reported that nearly 100% of pest control professionals in the United States treated bed bug infestations within the last year. The infestations are increasing in the most commonly problematic locations, such as homes, offices, and hotels.

Self-Driving Cars: Liability of the Future

June 5, 2015 | Gregory J. Brod

One of Google’s new technological innovations is the self-driving car. According to Fast Company, in 2010 Google revealed that it had created a fleet of self-driving vehicles that had logged over 100,000 miles on California roads. Since then, more vehicles have been created and logged more miles on real roads.

Earlier this month, numerous news sources, such as SFGate, reported on the lack of accident reports available for accidents involving Google’s self-driving cars. The presence of self-driving cars on the road raises additional questions about what happens when they’re involved in accidents, and who can be held liable for personal injuries resulting from those accidents.

Google’s Self-Driving Vehicles

Back to the Basics – Accidents and Employer Liability

June 3, 2015 | Gregory J. Brod

According to the Washington Post, comedian Tracy Morgan has reached a settlement with Wal-Mart after last year’s accident. In June of last year, Mr. Morgan was in a limo bus on the New Jersey Turnpike that was rear-ended by a WalMart tractor-trailer. The accident killed one passenger in the bus – comedy writer James McNair – and left Mr. Morgan with broken bones among other injuries. Mr. Morgan filed a personal injury suit against Wal-Mart in July, and Wal-Mart had originally attempted to avoid liability by claiming that Mr. Morgan was not wearing a seat belt. The driver of the tractor-trailer, who was employed by Wal-Mart, had not slept for over 24 hours before the accident.

Employer Liability

In Tracy Morgan’s lawsuit, Wal-Mart’s liability was asserted based on the doctrine of Respondeat Superior. Respondeat Superior is a legal theory that allows for an employer to be held liable or responsible for the tortious acts of an employee, if the employee’s acts within the scope of their employment.

Uber: Rider Beware?

May 27, 2015 | Gregory J. Brod

On Wednesday, May 27, SFGate reported on Uber’s proposed new headquarters to be built in San Francisco’s Mission Bay. Meanwhile, as Uber is planning the move, its legal status across the United States is far from settled. Many jurisdictions have banned Uber and other ridesharing services from operating. We’ve already discussed some of the aspects of Uber, and other ridesharing services, to be aware of in a previous blog post. We’ve discussed the danger that can be posed by Uber drivers who haven’t been properly screened, and some of the ways that criminals have used Uber to prey on unsuspecting passengers. But what happens in a situation that is less nefarious – that is almost ordinary? What happens if you’re in an Uber and you get into an accident?

Cities and States Reject Ridesharing

Portland, Oregon sued Uber in December of 2014 for operating illegally. According to Forbes, the lawsuit alleged that Uber was operating illegally and asked that the court declare that Uber would be subject to Portland’s taxi regulations, as well as to order that Uber stop operations until the City could update regulations to address ridesharing. According to the Los Angeles Times, the city of Portland dropped its lawsuit after Uber agreed to suspend ridesharing in the city until April of 2015. In the meantime, the city administration crafted new regulations for ridesharing regarding issues such as pricing, insurance, and inspections. NBC reported that in April, Uber and Lyft launched a four month pilot program in Portland.