San Francisco Injury Lawyer Blog

Some Things Change, Some Stay the Same: Bicycle Accidents & Rider Fatalities Over the Years

October 30, 2014 | Gregory J. Brod

The Brod Law Firm has long been dedicated to protecting bicycle riders in Northern California. Attorney Brod is a member of the Marin County and San Francisco Bicycle Coalitions and he has many years’ experience representing bicycle accident victims. Throughout the years, much has changed…the phrase “texting while driving” would have elicited confused stares when Attorney Brod passed the Bar in 1996…and yet much has remained the same…distracted drivers remain one of the greatest threats to bicycle riders’ safety. Our firm changes our approach and strategies over the years, adapting to current times, but our commitment to being a top-notch law firm for bicycle riders in Oakland and throughout the Northern California region remains.

Study Identifies Increase in Bicycle Fatalities and Changes in Rider Profiles

The Oakland Tribune reported this week on the findings in a report released by the Governors Highway Safety Association. Among the most distressing statistics — bicycle fatalities in the U.S. increased by 16% from 2010 (621 deaths) to 2012 (722 deaths). This far exceeded the rate of increase in other forms of motor vehicle deaths which rose by just 1%. Focusing on California reveals even more troubling numbers. California had more bicycle deaths than any other state in the study period, 338 cyclists killed between 2010 and 2012. While this might be attributed to population and climate, California was also (along with Florida) one of the states with the highest increase in annual rider fatalities growing from 100 deaths in 2010 to 123 in 2012. Nationally, bicyclist deaths are about 2% of the all motor vehicle related fatalities. In California, the percentage is just over 4%.

Northern California Injury Looks At the Danger of Trampoline Injuries

October 29, 2014 | Gregory J. Brod

Children are often so filled with energy that they appear to bounce from place to place. It is little wonder that trampolines are a beloved piece of equipment in gymnasiums and backyards alike. While they can be fun and can encourage the active exercise too many children lack, trampolines can also be dangerous and trampoline injuries are all too common. When these injuries stem from equipment problems, installation issues, or other safety failures, our Oakland child injury attorney is prepared to work with parents to advocate for their injured children.

Antioch Girl Injured in Trampoline Accident

While, as we’ll discuss below, most trampoline injuries occur on home equipment, an East Bay gymnastics center was the site of a frightening accident last weekend. ABC7 reports that a 10 year old girl was attending a Halloween party at Four Stars Gymnastics Academy on Saturday afternoon. As she neared the end of her turn on the trampoline, she jumped up and, instead of returning safely to the trampoline, went flying through the facility’s large glass window and landed on the ground. The girl sustained deep gashes on her arms and legs, requiring over 100 stitches. The gymnasium did not provide any comments for ABC7, but reporters looking in from outside the facility spotted three large trampolines standing within a couple feet of large windows.

Protecting Oakland Tenants from Harassment by Landlords Looking to Capitalize on Rising Rents

October 24, 2014 | Gregory J. Brod

Recently, there has been a lot of attention on both the local and national level to the ever-increasing rents in the city of San Francisco. Less attention has been paid to the rental market across the Bay, but the city of Oakland has experienced a similar rise in residential rental fees. When rents rise, long-term tenants often find themselves pressured to move so that the landlord can profit from the trend. In some cases, the landlord steps over the line by harassing the tenant with the intent of eventually evicting the tenant or making life unpleasant enough that the tenant feels forced to leave (“constructive eviction“). Our Oakland tenants’ rights attorney fights to protect tenants from illegal harassment and actual or constructive eviction.

Oakland Ordinance Looks to Protect Tenants from Landlord Bullies Trying to Profit from Rising Rents

According to the San Francisco Chronicle, Oakland’s rent board has been fielding calls from some 200 people each month complaining that they are being harassed or intimidated by a landlord. Tenant advocates suggest landlords are trying to force out rent-protected tenants in order to make room for higher-paying renters. With renters coming into Oakland from San Francisco, ironically because many were forced out themselves, there is growing demand for rental units. The average rent in Oakland stands at around $2,100, a 10% increase from mid-2010 to mid-2014 with an even greater increase in some desirable neighborhoods like Lake Merritt where rents have shot up 53% since 2011.

Holding Facilities Responsible for Inadequate Supervision of the Developmentally Disabled

October 23, 2014 | Gregory J. Brod

It has often been said that one of the best ways to judge a society is by how it treats its weakest, most helpless members. Individuals with significant developmental disabilities rely on their families and society as a whole for care and protection. When these individuals are placed in a specialized care facility, the facility has ethical, moral, and legal duties to protect the residents. As an Oakland law firm for the elderly and disabled, we are ready to advocate on behalf of vulnerable adults when care facilities fail to fulfill their duties. An obvious example of such a failure is when the resident is permitted to wander away from an institution that promised to care for and keep the resident safe. Wandering by developmentally disabled adults is a potentially deadly occurrence and we must hold institutions responsible for the failures that endanger their residents.

Developmentally Disabled Man Missing from Oakland Care Facility

The Oakland Tribune and other news outlets in our region are asking for help locating a missing man. On Thursday October 16 at around 1:30 P.M., Michael Kilroy wandered away from a residential care facility located on the 3200 block of 99th Avenue. Kilroy is 55 years old but has the functional capacity of a typical 6 year-old. He needs medicine that he doesn’t have with him. Police note he is 5’3″ and 150 pounds with blue eyes and gray hair. Anyone who sees him is asked to call the missing persons’ unit at the Oakland Police Department (510-238-3641).

Older Pedestrians: Accident Statistics & Legal Rights

October 22, 2014 | Gregory J. Brod

San Francisco is consistently listed as one of America’s most walkable cities (see e.g., CBS article ranking San Francisco #4 in June 2014). Walkability attracts both residents and tourists to our region. Pedestrian accidents are one of the biggest threats to walkability. Older pedestrians in particular deserve extra deference from drivers. Walking can keep aging bodies healthy and choosing two feet over four wheels might be safer for some. Our San Francisco pedestrian accident law firm represents injured elderly pedestrians and families who have lost an older relative in these terrible crashes.

Older Pedestrian Killed in San Francisco

Early Tuesday morning, a man in his 70s was hit and killed near the intersection of Sloat Boulevard and 43rd Avenue. ABC7 reported that the accident occurred just before 7 A.M., approximately one-quarter mile from the Zoo. Police believe the man, who lived on Sloat Blvd., was taking his morning walk. The driver was going west on Sloat, travelling the speed limit towards the ocean, when the pedestrian began crossing. Police say the pedestrian crossed mid-block and was not in the crosswalk. Light may have been a factor, daylight was breaking and fog keeps the beach area darker longer. However, the area is generally well-lit and accidents there are not common. At the time of the article, the driver was cooperating.

Bay Area’s Spike in Rents Presents Incentive for Landlords to Turn Over Units

October 17, 2014 | Gregory J. Brod

With the San Francisco Bay Area long one of the most desirable areas in the country to live in and apartments in short supply for a variety of reasons, there is little surprise that rents in the region would be among the highest in the nation. But a report released Wednesday showed that rents have reached record highs in the Bay Area, a fact that prompts San Francisco landlord-tenant law attorney Gregory J. Brod to remind us that some landlords, especially of rent-controlled units, may be tempted to employ illegal means to get their tenants to move out so they can raise rents.

According to the San Jose Mercury News, a third-quarter report from RealFacts of Novato found that rents in the Bay Area have risen 11.4 percent from the third quarter of last year to an average of $2,234 per month, which is the highest level recorded since two decades ago. More category-specific, the rent increases are reflected in the following year-over-year gains in the nine-county region: for a studio apartment, $1,931, up 12.5 percent; one bedroom, one bath, $2,017, up 11.8 percent; two bedroom, one bath, $2,006, up 11 percent; two bedroom, two bath, $2,562, up 9.8 percent; three bed, two bath, $3,022, up 13.5 percent.
Among the five inner Bay Area counties, here are some additional figures concerning third-quarter 2014 over third-quarter 2013 average rents:

San Francisco: $3,400 a month, up 9.8 percent, with a 95.1 percent occupancy rate.
San Mateo County: $2,580 a month, up 10.7 percent, with a 94.3 percent occupancy rate.
Alameda County: $1,994 a month, up 11.6 percent, with a 97.3 percent occupancy rate.
Contra Costa County: $1,659 a month, up 8.8 percent, with a 96.8 percent occupancy rate.
Santa Clara County: $2,369 a month, up 10.7 percent, with a 95.8 percent occupancy rate.

With rent increases such as the foregoing, it’s not hard to imagine that there is an economic incentive for some landlords to turn over apartments, especially rent-controlled units, so that they can reap bigger rents or even take units off the market and repurpose them as condominiums for sale. The latter move is often accomplished in California through a controversial Ellis Act eviction, but landlords can also resort to various methods of harassment to get tenants to abandon their units. Harassment can appear in various guises, which include but are not limited to interrupting, terminating or failing to provide housing services required by contract or by state, county or local housing, health or safety laws; failure to perform repairs and legally required maintenance; abuse of the landlord’s right of access to the unit as provided by laws; and attempts to coerce the tenant to leave the premises with offers of payments that are accompanied by threats or intimidation. Indeed, the list of various forms of harassment is a long one, and harassment is spelled out in municipal ordinances, including San Francisco’s special provision on harassment, Section 37.10B.
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The Dangerous Intersection of Drowsy Driving and Big Rig Accidents

October 17, 2014 | Gregory J. Brod

Few among us haven’t experienced it, you feel your eyes get heavy and begin to close only to startle yourself back to reality; a moment of extreme fatigue that is extremely frightening when it happens while you’re behind the wheel. In modern America, being sleep deprived seems to be the norm and it is frightening to consider how many drowsy drivers are travelling at any given moment. Drowsy driving becomes even more frightening when the tired driver is at the wheel of a big rig truck. For too long, companies have incentivized drivers to push the limits and log as many hours as they can fit in a day. Our Oakland drowsy driving law firm represents those injured in accidents caused by drowsy truck drivers and also supports efforts to prevent truck drivers from driving while fatigued.

Truck Overturns in Vallejo, Driver Reports Fatigue Was Key Factor

On Tuesday morning, as ABC7 reports, a box truck overturned in Vallejo along I-80 West near the state Highway 37 overpass. Truck driver Jesus Osegura, age 24 of Sacramento, told the California Highway Patrol that he had been falling asleep and nearly collided with the back of another truck. Osegura made a sudden, abrupt turn to avoid the collision, causing the load to shift and the truck to overturn. CHP officers report that Osegura was able to climb out of the overturned vehicle but noted neck and leg pain. The incident occurred around 3 A.M.

“The Sky Is Falling!”: Bay Area Injury Lawyer Examines Legal Rights Following Injuries from Falling Debris

October 15, 2014 | Gregory J. Brod

It may seem like something out of fiction, or even out of an old-school cartoon, but the problem of falling debris is quite real. There are a wide-range of related scenarios such as debris from a crumbling building hitting a passerby, a customer being injured by an item tumbling from a store shelf, or a worker being injured by material falling off a warehouse storage rack. Whether it is debris, merchandise, or other materials, items falling from significant heights can cause significant injuries and even death. Our San Francisco injury attorney is here to help those injured by falling items recover needed compensation and begin the healing process. Note: This discussion will focus on events outside the employment context, although our firm can help with third-party suits and other recoveries beyond workers’ compensation in the on-the-job arena.

Recent Headlines Demonstrate the Threat of Falling Debris and Other Objects

If objects had minds, it would seem a building scheduled for demolition in San Francisco’s Financial District decided to get a head start on the process. ABC 7 News spoke with a fire dispatcher who confirmed that a call came in at 8:20 A.M. on Monday October 13 reporting the partial collapse of a building near the intersection of Pine and Montgomery Streets. Luckily, no one appears to have been injured as debris fell, creating a pile that pushed into the street. While the Fire Department had left the scene by the time of ABC’s report three hours later, there will be an investigation conducted by the Department of Building Inspection.

Carbon Monoxide Poisoning in Motor Vehicles: Details, Dangers, and Liability

October 14, 2014 | Gregory J. Brod

Even if the harm catches you off-guard, the basis of most threats can be seen – the car doing 60mph in a 25mph zone, the slip-potential of water pooling atop a flight of stairs, the driver focused on his phone instead of the road. Carbon monoxide, however, is neither seen nor smelled. It is a dangerous, even deadly, threat. In this entry, our San Francisco poisoning attorney focuses on automobiles and carbon monoxide, a dangerous mix.

Brief Refresher on CO Poisoning

The Centers for Disease Control explains that carbon monoxide (“CO”) is an odorless, colorless gas that forms in combustion fumes. People and animals are put at risk when CO builds up in an enclosed or semi-enclosed space. As the gas builds in the air, it also begins to replace oxygen in the blood and deprives bodily tissues of the same. Early symptoms of exposure include headache, nausea/vomiting, weakness, chest pain, and confusion. Since these symptoms are vague and mimic many other conditions, diagnosing CO poisoning is tough.

Furnishing Alcohol to Minors: California’s Limited Social Host Law Protects Victims of Underage DUIs

October 10, 2014 | Gregory J. Brod

The problem of underage drinking is not new and, sadly, neither is the problem of underage drunk drivers causing serious accidents. However, it seems like only recently we have begun to ask the logical next question: How did they get the alcohol? As an Oakland DUI injury law firm, we believe this is a critical question. We also believe in holding adults accountable for accidents that occur because they were providing alcohol to minors.

Fremont Woman Arrested for Providing Alcohol to Teen Involved in Fatal DUI Crash

On Tuesday, as reported by ABC News, 42 year-old Tabassum Yousuf was arrested in Fremont on suspicion of felony involuntary manslaughter and a misdemeanor charge of contributing to the delinquency of a minor. The charges relate to a fatal car accident in Fremont that claimed the life of a 17 year-old boy last year.