San Francisco Injury Lawyer Blog

After the Storm: The Threat of Mold After Residential Flooding

December 11, 2014 | Gregory J. Brod

As we write this post from our San Francisco tenants’ law firm, residents throughout the Bay Area are preparing for the arrival of a soaking and likely dangerous storm. By Wednesday afternoonn, Weather Channel reporters were predicting from three to five inches of rain in San Francisco and Sacramento with some areas slated to receive up to eight inches of rainfall. Forecasts suggest the storm could be one of the strongest wind and rain events to hit our region since 2009.

Weather events of this magnitude are a threat to safety and to property. We urge readers to use caution on the roads and remind drivers to never attempt to pass through flooded roadways. In addition to the immediate threats of severe weather, there can be long-term consequences of flooding that pose serious health threats. Mold is one of the most perilous (and sometimes sneaky) of these flood-related health hazards. While it is not the only way the dangerous spores make their way into residential dwellings, ignoring the link between flooding and mold can leave people sick and even contribute to early death.

Sick Buildings, Sick Tenants: A Brief Overview of the Danger of Mold After Floods

The Importance of Fact-Gathering in Injury Law

December 10, 2014 | Gregory J. Brod

One of the key parts of our job as an injury law firm is gathering evidence to help reconstruct life-changing moments. In the majority of cases, no one expected these moments to occur and it is only afterwards that the importance of the minutes or even seconds of an incident is realized. Fact-gathering is an important part of our work as an Oakland injury law firm and being brought onto a case in a timely fashion ensures we can collect the evidence necessary to help our client recover needed compensation.

A Fact-Intensive Hearing in an Oakland Hit-and-Run

While focused on a pending criminal case (versus our work in civil court), a recent news report serves as a reminder that injury law is very fact-intensive. An Oakland Tribune report details some of the pieces of evidence that led a Santa Cruz County Superior Court to rule that there is enough evidence to have Oakland-resident Joanna Steele stand trial for the hit-and-run death of 70 year-old Adolfo “Adolf” Galvan. The incident occurred on August 24 on Pacific Avenue and Galvan spent 11 days in a coma before passing. Evidence presented at the preliminary hearing included: Testimony of a police officer who interviewed Steele after the incident and told the court she first denied and then later admitted to driving the vehicle believed to be involved in the crash; Records of a test that put Steele’s blood alcohol level at 0.15 three hours after the crash; Testimony of two brothers who together reported witnessing the moments before, during, and after a truck collided with a pedestrian sending him flying into the air; and Video recordings of the truck from a short period prior to the crash.

A Victim-Centered Approach to Prescription Theft

December 9, 2014 | Gregory J. Brod

Asked to imagine a drug theft, many Americans would form an image that includes the threat of violence and illicit substances like marijuana, heroin, or cocaine. Drug theft in 2014 often takes a much different form, a much “quieter” affair that happens on a daily basis in the Bay Area when a trusted individual slides a prescription bottle from a home medicine cabinet or bedside shelf into a pocket and is gone well before the missing vial is noticed. Prescription theft often targets seniors who may be left facing a frightening health crisis because of the missing medications. In fact, as our Northern California prescription theft attorney understands, whether part of a larger pattern of financial and/or physical abuse or a standalone event, medication theft can be a form of elder abuse, leading to unnecessary pain, uncontrolled illness, or even death and the culprits can be those whom the victim least expects.

Firefighter Accused of Swiping Medications

Usually when a firefighter makes the news, he or she is being hailed for bravery and heroism. This weekend, however, local and national news sources including Sacramento’s KCRA carried a very different tale as police announced the arrest of Sacramento firefighter Craig White on five counts of burglary and three of elder abuse. White allegedly targeted seniors, gaining entrance to homes by claiming to be performing inspections of smoke and carbon monoxide detectors and then stealing prescription medications. Citrus Hills Police Department began investigating after eight area seniors reported similar incidents. The Sacramento Fire Department wants people to know that they do not perform surprise residential inspections.

Safety on the Golden Gate Bridge

December 5, 2014 | Gregory J. Brod

Saint Louis has its Arch, Philadelphia has the Liberty Bell, New York has its famed skyline, and San Francisco has the Golden Gate Bridge, symbols that people nationwide (or even worldwide) associate with their respective cities. Along with being an icon of the city, Golden Gate Bridge stands out since it is also a heavily trafficked transportation route. While less common that one may expect, accidents on the storied span are a reality. Bridge accidents are particularly frightening and, as a San Francisco auto accident law firm, we encourage the city to move forward with long-delayed plans that may further reduce the accident rate.

Drunk Driver Wedges Car Onto Golden Gate Pedestrian Path

Early Tuesday morning, a strange accident left a car wedged onto the Golden Gate Bridge’s pedestrian walkway. The San Francisco Chronicle reports that Daniel Soto, age 22, was driving drunk when he turned into a parking lot near the span’s north end at 5:10 A.M. California Highway Patrol Officer Andrew Barclay said that Soto then hit the gas, plowing through a security gate and onto the bridge’s west-side walkway. He drove about 400 yards before his Ford Mustang became stuck and his air bags deployed. Police did briefly take Soto to the hospital after arresting him for suspected DUI, taking him into custody after he was released from the hospital. Bridge officials shut down all traffic to bring in a forklift and flatbed truck to remove the vehicle.

Child Injury Lawyer Watching Federal Investigation Into Defective Child Safety Seats

December 3, 2014 | Gregory J. Brod

Earlier this year, our San Francisco child injury attorney highlighted a recall that at the time involved some 1.3 million car seats , a number that has since ballooned to include an unprecedented 6.1 million seats. This week, the story became even more disturbing as an investigation opened into allegations that the company knowingly delayed alerting authorities to the potentially defective child safety seats.

Federal Agency Looks At Whether Company Delayed Reporting Child Seat Defect

According to The New York Times, federal safety regulators opened an investigation this week into Graco Children’s Products focusing on whether the company delayed reporting a safety defect that became the subject of the nation’s largest child car seat recall. Earlier this year, Graco recalled approximately 6.1 million child safety seats because of concerns that the buckles may become difficult to unlatch and hinder the ability to remove a child during an emergency. Graco had resisted the recall, asserting that the seats were safe and claiming any problems were the result of food or liquids being spilled on the buckles rather than a safety defect. The National Highway Traffic Safety Administration (“NHTSA”) disagreed.

Child Onboard, Drunk Driver Behind the Wheel

December 2, 2014 | Gregory J. Brod

Imagine a DUI crash in which a child is one of the innocent victims injured or killed because of the driver’s intoxication. When asked to consider this tragic scenario, most people probably imagine a lone drunk driver plowing into a family vehicle. However, there’s another scenario that may be even more upsetting to consider — when the drunk driver and the child are in the same car. While California’s criminal laws rightly impose extra penalties in such cases, it is the civil law that can truly provide for the victim. As a child injury lawyer in Northern California, Attorney Brod understands the unique contours of these cases, knows the unique needs of child DUI victims, and considers it an honor to fight on their behalf.

A Look at the Statistics

According to the National Highway Traffic Safety Administration’s (“NHTSA”) Traffic Safety Facts: Alcohol-Impaired Driving (2012 Data Sheet), a total of 10,322 people died in the United States during 2012 in a vehicle accident involving an alcohol-impaired driver. This figure, which includes crashes in which at least one driver has a blood alcohol level of 0.08 or higher, represents 31% of all traffic fatalities that year. There were 239 children aged 14 and under killed in alcohol-involved accidents in 2012, 20% of the total 1,168 young people killed in traffic crashes during 2012. More than half – 124 of the 239 – were occupants of the impaired driver’s vehicle. Mothers Against Drunk Driving’s Child Endangerment http://www.madd.org/laws/law-overview/DUI_Child_Endangerment_Overview.pdf position paper notes that a child riding with an impaired driver is at risk not only because of the hindered driver but also because the child is less likely to be properly restrained. In fatal crashes, 30.5% of sober drivers used child restraints compared to only 18% of alcohol-impaired drivers.

A Warning About the Danger of Falling Furniture from Our California Child Injury Law Office

November 28, 2014 | Gregory J. Brod

Throughout the year and especially in the holiday season, there is little we are more thankful for than family. As parents, aunts, uncles, grandparents, and family of the heart, the team at the Brod Law Firm knows that protecting our youngest loved ones is one of our greatest duties and greatest honors. We are proud to serve as an Oakland child injury law firm and we are also dedicated to preventing accidents that hurt young children. One danger that often goes unnoticed until it is too late is improperly mounted and/or unsecured furniture, a danger illustrated in a recent accident at an area preschool and one that everyone who loves a child should know about.

Two Children Injured By Falling Cabinet at Fremont Preschool

This week’s Oakland Tribune reported on an accident that left two youngsters injured at a Fremont preschool. According to police, an improperly-mounted large wall cabinet fell onto two children while they were napping at an unnamed preschool located near Warren Avenue and Warm Springs Boulevard. Fire officials and police responded and found one child, a 3 year-old female, unresponsive. She was taken by helicopter to a children’s trauma center with critical injuries. As of Monday, her status had improved but she remained in the hospital. A second child incurred minor injuries.

Blackout Wednesday and the Danger of Thanksgiving Weekend DUI Accidents

November 26, 2014 | Gregory J. Brod

The grocery store lines are growing, the highway traffic is picking up, and the holiday sale advertisements are taking over the airways, all signs that the Thanksgiving holiday is fast approaching. Like many of you, we are looking forward to sharing food and building memories with friends and families. Our Oakland accident law firm wants to help everyone arrive safe and sound. With that goal in mind, we want to discuss the growing danger of holiday drunk driving accidents, specifically the time that has come to be called “Blackout Wednesday.”

Thanksgiving Weekend and “Blackout Wednesday”

While it may come as a surprise to many, the Thanksgiving holiday is one of the most dangerous periods on U.S. roadways. When the Wall Street Journal discussed the matter back in 2011, they cited some disturbing statistics. In four of the five years prior to the article, there were more drunk driving related fatalities during Thanksgiving weekend than the New Year’s Eve holiday. Likewise, the article cited a conversation with the coordinator of DUI-enforcement in Pennsylvania who said that from 2PM-7PM the roads are filled with travelers but the make-up of the traffic changes by 10PM or 11PM. He reported that his state saw 197 DUI arrests over Christmas weekend 2010, 267 arrests over New Year’s, and a whopping 412 DUI arrests during the Thanksgiving holiday.

Tour Bus Accidents & Liability Under California Law

November 25, 2014 | Gregory J. Brod

Whether getting an overview of one city or enjoying a trip that incorporates multiple stops, tour buses can be a great option. By relieving tourists of the responsibility of driving, tour buses can allow people to truly appreciate the sights without worrying about watching the road, give travelers a chance to catch up on sleep, or simply allow them to avoid the stress of driving in an unfamiliar area. They should be, and typically are, a safety-minded option. Unfortunately, tour bus accidents do occur. Our Santa Rosa tour bus attorney is ready to help victims when a Northern California tour bus crash occurs, especially when the accident stems from the negligence of the driver or because a dangerous corporate policy put travelers at risk.

Bus’s Second Accident of the Day Leaves One Dead, Thirty Injured

A tour bus crash that killed one and injured 30 others would be a tragedy in itself, but the accident detailed in the San Francisco Chronicle is particularly disturbing given that it was the vehicle’s second wreck in the same day. According to the California Highway Patrol, on Sunday morning a tour bus struck a restaurant overhang in Red Bluff, causing only minor property damage and no injuries. The bus continued its trip from Los Angeles to Pasco, Washington. After travelling approximately 50 miles from the first incident site, the bus was on Interstate 5 about 100 miles south of the California/Oregon border when it drifted off the shoulder, traveled down an embankment, and rolled onto its roof. The second crash claimed the life of a man from the Fresno area and left three others in critical condition. Three additional passengers were in serious condition after the crash and two dozen were treated for more minor injuries and released.

Third-Party Observation Can Influence the Results of Neuropsychological Evaluations

November 20, 2014 | Gregory J. Brod

If you or a loved one sustained a head injury as a result of a car accident, a neuropsychologist may be necessary to determine whether a traumatic brain injury occurred as a result of the incident. Traumatic brain injuries can impair concentration, thought, and perception, and may create emotional functioning issues such as personality changes and depression.

Diagnosing Brain Injury

A neuropsychological examination can establish whether an incident has affected an injured person’s attention span, ability to concentrate, memory, perceptual skills, speech, and mental flexibility. An attorney may request to attend an neuropsychological examination, or obtain an audio or video recording of the examination, in order to establish that the examiner was not biased. Several courts have permitted medical or psychological examinations to be recorded on that basis.