San Francisco Injury Lawyer Blog

Hit-and-Run Crash in Fremont Between Truck and Motorcyclist Leaves Latter Dead and Unanswered Questions

October 9, 2014 | Gregory J. Brod

The brunt of a crash between a truck and smaller motor vehicle almost invariably falls most heavily on the latter, with the odds of survival or escaping injury for the motorist much poorer than those for the trucker. However, a collision between a truck and a motorcyclist, bicyclist or pedestrian is even more heavily stacked against the nontrucking party, with the chances for a fatal encounter for the latter greatly increased. And San Francisco motorcycle accident and trucking accident attorney Gregory J. Brod notes with sadness that a hit-and-run collision between a truck and motorcycle in Fremont on Wednesday left the motorcyclist dead and the truck driver nowhere to be found.

According to KTVU News, a 61-year-old man riding his motorcycle eastbound toward Warm Springs Boulevard on Mission Boulevard, which is a busy road that connects Interstates 880 and 680, was struck and killed by a semi-rig at about 1:15 p.m. Wednesday. Witnesses reported that the driver of the truck, which may have been towing two chrome-colored tanks, continued on without stopping after hitting the 2004 Kawasaki motorcycle.

The California Highway Patrol has identified the deceased motorcyclist but was not releasing his name until his family is notified. The CHP said that it is possible the trucker did not realize that he or she had struck the motorcycle, and that the collision occurred on a stretch of the road that is under construction, which elevated the hazardous conditions on the busy street.

The National Highway Traffic Safety Administration‘s most recent statistics paint a grim picture for motorcyclists involved in crashes, including the following:

In 2012, 4,957 motorcyclists were killed in motor vehicle traffic crashes, which represents a 7 percent increase from the 4,630 motorcyclists who were killed in 2011.
In 2012, there were 93,000 motorcyclists who were injured, which is a 15 percent increase from the 81,000 who were injured in 2011.
In 2012, motorcyclists accounted for 15 percent of all traffic fatalities and 18 percent of all occupant (driver and passenger) fatalities.
While motorcycles represented only 3 percent of all registered vehicles in the United States in 2012 and accounted for only 0.07 percent of all vehicle miles traveled, on a per-vehicle-mile-traveled basis, they were 26 times more likely than passenger car occupants to die in traffic crashes and five times more likely to be injured
On a per-registered-vehicle basis, the fatality rate for motorcyclists was six times the rate for passenger car occupants in 2012, while the injury rates for motorcyclists and passenger car occupants were about the same.
In 2012, 2,624, or 52 percent, of all motorcycles involved in fatal crashes collided with another motor vehicle.

In addition, the NHTSA‘s most recent statistics on trucking crashes sketch an ominous picture for motor vehicles that are unfortunate enough to be involved in a collision with a truck, including the following:

In 2012, 3,921 people died and another 104,000 were injured in crashes involving large trucks – those with a gross vehicle weight rating greater than 10,000 pounds – 333,000 of which were involved in traffic crashes that year.
The 3,921 fatalities from crashes involving large trucks in 2012 represented a 4 percent increase from the 3,781 who died the year before.
Of the trucking-linked fatalities in 2012, 73 percent were occupants of other vehicles, 10 percent were non-occupants, and only 18 percent were occupants of large trucks.
In 2012, 104,000 people were injured in crashes involving large trucks, which represents an 18 percent increase from the 88,000 who were injured in 2011.
Of the trucking-linked injuries in 2012, 73 percent were occupants of other vehicles, 3 percent were non-occupants, and only 24 percent were occupants of large trucks.
In 2012, large trucks accounted for 4 percent of all registered vehicles, 9 percent of the total vehicle miles traveled, and 8 percent of all vehicles involved in fatal crashes.

Young Bodies, Adult Injuries: Continuing Our Look at Safety in Youth Sports

October 9, 2014 | Gregory J. Brod

On Wednesday, our Northern California youth sports law firm looked at the threat of concussions facing high school football players. Among the many studies on the topic is research discussed on WebMD finding concussions occurred more than twice as often in high school athletes in 2012 than in 2005. Researchers involved in that study suggest the trend is due to increased awareness and not an increased in danger. While we certainly agree that added awareness leads to increased reporting, we believe that there is another (substantial) factor in the youth sports injury epidemic: how young people play.

Statistics on Young Players and Injuries

Concussions are not the only danger facing young athletes today. Contra Costa Times recently examined the increase in “adult” injuries among young players. Each year, more than 46.5 million children in the United States participate in sports. Last year, 1.24 million children received emergency room treatment, a figure that translates to 3,400 young people visiting the ER each day. A whopping 90% of youth athletes report experiencing some form of sports injuries and more than half of those children say they played through an injury to avoid letting their team down.

Protecting California’s High School Football Players and Other Young Athletes

October 8, 2014 | Gregory J. Brod

For many, Fall is all about high school football. San Francisco sports injury lawyer Greg Brod and the team at the Brod Law Firm support our local high school teams as fans and as advocates for player safety. The safety of young athletes is getting long overdue attention across the country. Here in California, a new state law set to take effect in January that we hope will help prevent concussions and other brain injuries in high school football. When a young player in Northern California suffers serious injury because of a negligent decision by an individual or sports organization, our firm can serve as an advocate for the athlete and help win compensation to address both current and future needs.

The Threat of Concussions on the Football Field

Before we get into the Bill, we want to take a moment to remember why change is critically needed. On Tuesday, CNN Parents reported that three high school football player in three different states died in the last week alone. Our hearts go out to the families and the communities in mourning.

Beyond Workers’ Comp: A Look at Third Party Claims Inspired by Scary Moments for Two Sets of California Window Washers

October 3, 2014 | Gregory J. Brod

When an employee is injured on the job in California, as in most U.S. jurisdictions, workers’ compensation is a key part of their financial recovery. However, despite often being referred to as an “exclusive remedy,” there are many situations in which the employee has recourse beyond that offered by the workers’ compensation system. While suits against the employer are sharply limited, the workers’ third-party liability claims remain. For example, when the worker is injured due to a defective product, a claim against the manufacturer or seller may exist. In such cases, as in other third-party liability situations, our Northern California products liability attorney can help fill the gaps left by workers’ comp coverage.

Two Days, Two Sets of Stranded Window Washers in California

Twice in as many days, window washers were left dangling from California high-rises and two stories that could have ended tragically had happy endings. On Wednesday, NBC Los Angeles reported that two window washers were stranded on the side of an office building at 5 Park Plaza in Irvine, California. The pair had been using a metal platform suspended on cables when they became stuck about 225 feet from the ground. An urban search and rescue team lowered additional cables to the “swing stage” platform and the workers used hand-operated cranks to rise to the roof. Despite the heat of the day, neither worker was injured.

Empowering Seniors to Fight Back Against Financial Abuse

October 2, 2014 | Gregory J. Brod

From the time we start earning our first regular paychecks, Americans are reminded of the importance of saving for retirement. This can be incredibly hard to do. Sadly, reaching one’s senior years with a comfortable amount of savings is not the end of the story. Financial elder abuse is a growing threat to the economic well-being of older Americans. These crimes are also very personal; they strike at people’s hearts and souls, especially when the perpetrators are trusted caregivers. Our Northern California financial elder abuse law firm wants to empower seniors to fight back.

The Need for Vigilance: Woman Accused of Violating Probation Following Financial Abuse Plea

A short article in last week’s Santa Rosa Press Democrat is a striking reminder of the need for vigilance in the fight against elder abuse. In 2010, Gloria Garcia Bernal pleaded no contest to charges that she stole $6,500 from a senior citizen in her care by forging and cashing checks belonging to the elderly man. Bernal’s probation agreement prohibits her from working with the elderly or other dependent adults. Recently, the Sonoma County Sheriff’s Office was informed that Bernal (age 43 of Healdsburg) had been using the pseudonym Janeth Narcizo and was working at a private care facility in Windsor. Police arrested Bernal on suspicion of violating her probation and she was placed on a no-bail hold in county jail. Notably, the Windsor facility, located on Birdie Road, appears to be under the same ownership as the facility Bernal worked for at the time of her initial arrest.

Flooded Roads, Heavy Rains, and Being Prepared Even in California’s Drought

September 30, 2014 | Gregory J. Brod

It may seem somewhat strange to be talking about flooded roads in a state that has faced years of serious drought conditions. Still, Mother Nature always seems to have a few tricks up her sleeve and our region saw some soaking rains in September. Our Northern California injury attorney believes it is always important for drivers to remember the basics of flood safety.

Rainfall Causes Flooding, Wreaks Havoc on Roads

Late last week, wet weather made a guest appearance in Northern California. On Thursday, downpours caused major crashes on at least three major highways according to The Oakland Tribune. Wet weather made headlines again on Friday with KCRA News 3 reporting that the National Weather Service issued a flash-flood warning for Solano County that lasted nearly three hours. Radar revealed a 2 to 3 inch rainfall in about three hours, sparking flash flooding that impacted local waterways and flooded at least one roadway.

A Reminder of Why the Fight to End Distracted Driving Must Continue

September 26, 2014 | Gregory J. Brod

Distracted driving is a topic we discuss with some regularity here at the Brod Firm. Simply put, we talk about it often because we see it often. We see it in our own travels on the region’s roadways. We also see the tragic consequences of distracted driving when we represent people whose lives have been forever altered because of a distracted driver. Cellphone use is just one form of distraction, but it is a major one and it is an issue that we need to talk about until it is no longer claiming lives and causing terrible injuries. In this post, our Santa Rosa distracted driving law firm looks at one tragic crash allegedly caused by a driver glancing at a cellphone screen and then turn to a piece of technology that police hope will aid in the fight against driver distraction.

Driver Sentenced in Case Where One Moment of Distraction Claimed Two Lives

As reported earlier this month by The Press Democrat, an area court handed down a one-year sentence for a driver charged with causing a crash that killed two women. Back in March, Nicholas Tognozzi was driving a GMC pickup at a speed when he looked down to see if he had received a text message. The brief look away from the road while travelling over 50mph left him unable to stop in time to avoid slamming into the rear end of a Toyota Camry stopped in traffic on Highway 12. Two women sitting in the Camry’s backseat, Sue Hufford (53) and her mother-in-law Sharon Hufford (74), were killed instantly. Front passenger Don Hufford suffered serious injuries.

Sentencing in Sonoma Puts Spotlight on Underreported Problem of Drowsy Driving

September 25, 2014 | Gregory J. Brod

There are a variety of perils that face motorists and others who use roadways, including unsafe road conditions, reckless or drunken drivers, defective vehicles, etc. One factor or circumstance that San Francisco trucking accident attorney Gregory J. Brod would point out often goes unreported is when a driver is impaired because of insufficient sleep. And one truck driver’s sentencing in Sonoma County on Monday refocused attention on the dangers of drowsy driving.

According to the San Francisco Chronicle, Daniel James Armstrong Rauer, 28, of Rohnert Park, had pleaded no contest in August to misdemeanor vehicular manslaughter in the death of Benny White, 66, of Sonoma. Rauer was the bakery truck driver who fell asleep at the wheel and crashed head-on with the pickup truck that White was driving, killing White. On Monday, a Sonoma County Superior Court judge sentenced Rauer to five years of probation and 500 hours of community service, which is slated to include raising public awareness about the perils of fatigued driving.

The problem of fatigued driving is a very serious, though often underreported, problem. Drowsy driving precipitates more than 100,000 crashes every year in the United States, which result in 40,000 injuries and 1,550 fatalities, according to the National Highway Traffic Safety Administration. Those figures may be on the conservative side because it is difficult to attribute many accidents to sleepiness.

Rauer told investigators that he had just started his new job and was adjusting to its nighttime-shift schedule when the collision occurred. That fact and a few others in his case dovetail with some of the other cofactors that are often present in cases involving fatigued driving, including these compiled by the National Sleep Foundation:

Compared with other age groups, those adults age 18-29 are more likely, 71 percent more likely to be precise, to drive while drowsy.
Workers on a shift-based schedule are more likely than those with regular daytime work schedules to drive drowsy to and from work at least a few days per month, with the comparative percentages 36 percent for the former versus 25 percent for the latter.
The less people sleep, the greater the risk that they will be involved in a crash. The impact of sleep deprivation escalates the less time a driver has devoted to sleeping prior to driving, with people who sleep six or seven hours a night twice as likely to be involved in a crash as those sleeping eight hours or more; people who sleep less than five hours per night are four to five times more likely to be involved in a collision.

Driving without the benefit of a good night’s sleep has been compared to driving while under the influence of alcohol. Indeed, an Australian study found that motorists who are awake for more than 18 hours experience an impairment equivalent to a blood alcohol level of .05, which increases to a BAC of .10 after 24 hours. A motorist with a BAC of .08 is considered legally drunk in the United States.

Driver fatigue may have been a factor in several high-profile crashes, including at least two this year: the deadly collision on April 11 when a FexEx truck collided with a tour bus loaded with high school students near Orland in the Central Valley, killing 10 and injuring 30; the collision of a Wal-Mart truck with a limousine carrying comedian Tracy Morgan on the New Jersey Turnpike in June, which killed another passenger and left Morgan severely injured.
Continue Reading ›

The Law on Late Fees in California Rental Agreements

September 25, 2014 | Gregory J. Brod

Rents continue to climb throughout the San Francisco area. As affordable housing becomes a scarce commodity, many renters feel like they are at their landlord’s mercy. However, there are laws that protect renters from unfair business practices and our San Francisco tenant’s law firm works to help renters enforce their legal rights. One little-known right that many rental agreements actually violate – California’s law protecting renters from unreasonably high late fees.

Tenants Sue Landlord Corporation Over Excessive Late Fees

Earlier this month, as detailed by San Jose Mercury News, a group of tenants in East Palo Alto filed a class action lawsuit against Equity Residential. Equity is one of the country’s largest landlords and the owner of most apartments in East Palo Alto. The suit, brought by three long-term residents of Woodland Park Apartments, alleges that the company is charging unreasonable and excessive late fees to renters. The plaintiffs claim Equity’s late fees bear no relation to the amount of damages incurred by the landlord as a result of a late payment.

California Bicycle Riders’ Law Firm Examines Bicycle Accident Statistics

September 24, 2014 | Gregory J. Brod

It is a shame that so many people abandon their bicycles the day they get their first driver’s license, putting two wheels aside in favor of four and leaving their bicycle behind as a piece of childhood. Bicycling as an adult can advance the rider’s physical and emotional well-being, reduce commuting costs, and benefit the environment. Sadly, riders face danger every time they set out on the roads and bicycle accidents can cause serious injury or even death. Our Berkeley bicycle accident lawyer stands ready to represent injured riders, a practice that we believe helps the victims of careless drivers while also helping make the roads a little safer for everyone.

Rider in Critical Condition After Berkeley Accident

On Sunday morning, a bicycle and car collided at the intersection of Spruce and Eunice streets near the Berkeley Hills. The Oakland Tribune reported on the crash which occurred at 8:15 A.M. and left the 62 year-old rider facing life-threatening injuries. As of the Monday report, the cyclist remained in critical condition and police had not released a preliminary cause. The car was driven by a 63 year-old from Berkeley who remained on the scene and has been cooperating with the police.