San Francisco Injury Lawyer Blog

Fatal Crash Involving Train, SUV in Oakland Adds Another Grim Statistic for 2014

September 5, 2014 | Gregory J. Brod

The deadly collision between an Amtrak train and a sport utility vehicle at a railroad crossing in East Oakland on Sunday night that resulted in the death of the driver of the SUV is still under investigation. However, San Francisco train accident attorney Gregory J. Brod would point out that what we do know about the unsettling incident is that it has added yet another figure to the troubling statistical trend for 2014 concerning fatalities and injuries at railroad crossings.

According to the San Jose Mercury News, the fatal collision occurred at about 10:05 p.m. Sunday when an unidentified 48-year-old Oakley man drove his Acura MDX around a barrier onto the tracks at 50th Avenue and San Leandro Street in Oakland and a northbound Amtrak Coast Starlight struck the SUV, killing the motorist. The train, whose point of origin was Los Angeles, was on its way to Seattle carrying 200 passengers and crew and came to a stop at High and San Leandro streets after slamming into the SUV. The Alameda County Coroner’s Office is investigating the incident as an apparent suicide; the motorist was pronounced dead at the scene, while no one aboard the train was injured.

Whether or not officials determine that the deadly incident on Sunday was a suicide this much is clear: when there is a collision between a train and a motor vehicle, damage and the potential for injury or death will fall lopsidedly on the later. Indeed, according to the train safety advocacy group Operation Lifesaver, the force of a 30-car freight train hitting a motor vehicle is equivalent to that of the same motor vehicle striking a aluminum soda can – a decidedly no-contest equation. And a motorist is 20 times more likely to die in a collision involving a train than in a crash involving another motor vehicle.

The most recent statistics from the Federal Railroad Office of Safety Analysis detail a less-than-reassuring picture of railroad crossing accidents involving trains and motor vehicles in the United States, including the following:

There were 970 such incidents in 2011, 970 in 2012, 1,022 in 2013 and 1,130 from January through June 2014, which represents a 16.5 percent increase from 2011 to this year.
There were 135 fatalities in 2011, 116 in 2012, 127 in 2013 and 137 from January through June 2014, which represents a 1.9 percent increase from 2011 to this year.
There were 517 injuries in 2011, 432 in 2012, 482 in 2013 and 395 from January through June 2014, which represents a 23.6 percent decrease from 2011 to this year.

The picture for pedestrians or so-called trespassers who cross railroad tracks has been even more grim during the 2011-14 period, as there were 188 fatalities in 2011, 195 in 2012, 208 in 2013 and 262 from January through June 2014, an increase of 39.4 percent. With respect to injuries due to collisions between trains and pedestrians, there were 168 in 2011, 220 in 2012, 202 in 2013 and 197 from January through June 2014, an increase of 17.3 percent. Not surprisingly, the odds are stacked even more heavily against pedestrians than motor vehicles when they are in the path of a moving train.
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Passenger Vehicle Accident with Transit Buses Cause Serious Injuries

September 5, 2014 | Gregory J. Brod

Stalled Transit Bus Leads To Pile-Up

A pickup truck driver had to be extricated from his vehicle after being involved in a collision with two transit busses, including a Western Contra Costa Transit Authority bus, on September 4th, according to breaking news from KRON 4.

The accident apparently happened shortly before 6 a.m. on eastbound Interstate Highway 80 in Pinole. While a full investigation has not been completed, early information from a California Highway Patrol (CHP) spokesperson indicates that a transit bus crashed into another passenger bus that had stalled in the fast lane of the highway. The individual driving the pickup truck then collided with the two busses.

Concussions and Other Head Injuries in Youth Soccer

August 29, 2014 | Gregory J. Brod

Earlier this summer, sports lovers in America joined those across the globe in watching (and cheering for) a game loved the world over – soccer. While long-popular in other countries, Americans have been slow to embrace soccer, but the game is slowly infecting adults and children alike. As people begin to play the sport, not just watch from the sidelines, soccer injuries and particularly soccer concussions become a growing concern. Our San Francisco sports injury attorney understands the unique contours of sports injury cases. When the injury can be traced to a negligent or even reckless decision by a governing body, sponsor, coaching group, or other entity, we can help the injured recover money damages and prevent future tragic accidents on the field.

Parents File Suit Seeking Changes in Youth Soccer

A group of parents has filed a lawsuit in San Francisco asking FIFA, the United States Soccer Federation, and other major soccer organizations to make changes to keep children safe. CBS Sports explains that the class action suit is looking for changes in policy and practice rather than money damages. The suit asks the soccer groups to improve the way they diagnose head injuries and to change the guidelines as to when a player may return to play following a concussion. Additionally, the plaintiffs are asking FIFA to change its rules on substitutions, allowing more than the usual three per game limit when a substitution is needed to allow for a medical evaluation.

Earthquakes, Insurance, and Liability

August 27, 2014 | Gregory J. Brod

Over the weekend, our area was hit by a 6.o earthquake. As Californians, we all know that earthquakes can happen, but it is always a bit surprising when it does and Sunday’s quake was the largest since 1989. In this post, our Northern California earthquake injury law firm looks at two issues relating to earthquakes and the damage they leave behind. First, we look at why earthquake insurance is of limited assistance following tremblers. Second, we turn to the issue of earthquakes and civil liability. Specifically, the second section examines the liability of a property owner for injuries sustained during a quake because the property was not earthquake-safe.

The Limits of Earthquake Insurance

An article in the San Francisco Chronicle explains that only a small portion of those whose homes were damaged in the Napa quake will be covered by earthquake insurance policies. Glenn Pomeroy, the California Earthquake Authority’s chief executive, noted that a mere 5% of homeowners in the quake zone compared to about 10% statewide.

Theater’s Alleged Bedbug Problem Reminder That Parasites Can Strike Anywhere

August 26, 2014 | Gregory J. Brod

Theatergoers typically flock to their favorite venues on weekends, and last weekend would be no exception with summer blockbusters available for viewing. However, last weekend was also the first one on which a theater in Lodi that had allegedly been infested with bedbugs was open for business again. And San Francisco personal injury attorney Gregory J. Brod would cite the high-profile incident at the multiplex facility as an example of how bedbugs can potentially make their nasty presence known in all types of structures.

According to CBS News, the theater in question, the Lodi Stadium 12 Cinemas, re-opened Thursday for matinee showings on 10 of its screens after being treated for an alleged bedbug infestation that led the management to close the theater on Sunday, August 17. Lodi police code enforcement said that the theater owners took care of the infestation by employing three methods of extermination: using high heat in the theater, steaming the seats, and applying chemicals to the furniture.

The Lodi police code enforcement also said that Clark Pest Control was monitoring the theaters, and code enforcement would inspect the theater next week and follow up with monthly inspections of the facility. The repeated inspections and monitoring of the theater point to an issue that is often present whenever there is a bedbug infestation – the parasites are very hard to fully eradicate.

Indeed, according to the Centers for Disease Control and Prevention and the U.S. Environmental Protection Agency, bedbugs (Cimex lectularius) are remarkably hardy insects that feed on human blood, typically during the evening hours when humans sleep or, say, go to the movies. Aside from their nocturnal habits and small size, bedbugs are difficult to notice, much less eradicate, because they can enter a dormant condition and can even live for 18 months without a source of food. Bedbugs do not spread disease but they do inflict nasty bites upon their victims, who may suffer, as a result, from the bite marks as well as allergic reactions, other skin problems, painful swelling, itching, insomnia and anxiety. And it is difficult to tell if one has been bitten by bedbugs because the critters inject an anesthetic and an anticoagulant into their victims, who, as a result, are prevented from realizing that they have been bitten.

Bedbugs are also adept at finding new victims, as their slim, flat bodies permit them to fit easily into the smallest of spaces, including the luggage they love to crawl into, a habit that affords them an easy and far-flying means of transportation as people travel. Therefore, travelers are often unwitting carriers of bedbugs who stow away in their luggage, permitting bedbugs to take their infestation on the road, so to speak. And the fact that bedbugs can go for long periods of time without a meal make them very efficient parasitic insects, indeed.
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Back to School Safety II – San Francisco Child Injury Attorney on School Zone Safety

August 22, 2014 | Gregory J. Brod

Earlier this week, we focused on school bus safety. However, the safety of students is too important to confine to one blog entry. We all know that drivers should pay extra attention and slow down when passing through school zones. Still, far too often, drivers choose shaving a few moments off their travel time over protecting our school children and teens. When school zone injuries or fatalities stem from a driver’s failure to value school zone safety, our San Francisco school injury attorney is ready to help.

SFPD Increases Safety Patrols As Students Return to School

This week, SF Weekly reported that the SFPD is stepping up efforts to target drivers who might endanger students as they return to school. Police are watching for speeders, drivers who fail to yield to pedestrians, and those who simply aren’t focused on the path before them. Notably, while 42% of San Francisco elementary students live within walking distance of their school, only a quarter actually walk because of safety worries.

Back to School Safety: School Bus Accidents & School Transportation Safety

August 20, 2014 | Gregory J. Brod

With commercials for laptop computers and old-fashioned spiral notebooks, not to mention new sneakers and stylish jeans, there’s no question that the time children dread and parents celebrate has arrived – Back to School. As classrooms throughout Northern California open, school buses ready to transport students to and from school. Although they rank as one of the safest means of transportation, a recent headline proves that school bus accidents are a reality. When drivers fail to give these vehicles the special care they deserve or when a school bus driver violates our trust and puts kids at risk, our Northern California school bus injury lawyer is ready to protect the young victims.

Suspected Drunk Driver Arrested After Hitting School Bus

Classes had resumed for just one week when a school bus travelling to Union Mine High School was hit by a suspected drunk driver. KCRA reports that 32 students were on board when the crash occurred on Thursday August 14 at 6:30 A.M. on Grizzly Flat Road in Somerset, El Dorado County. An SUV driven by 24 year old Steven Gruber hit a school bus on the two-lane road. Police arrested Gruber on suspicion of driving under the influence. Five students and the bus driver suffered minor injuries and two students were taken to the hospital as a precaution. Another vehicle was also involved in the incident, although it is not known whether its occupants were injured.

A Settlement Offer by Another Name: GM Offers Compensation Plan for Defect Victims

August 15, 2014 | Gregory J. Brod

Car makers should be focused on the future, on the next car to come down the assembly rather than the last. However, lately it seems GM is spending more time dealing with problems from yesterday’s cars than making tomorrow’s. Our San Francisco auto accident law firm is always concerned when an auto recall is announced and earlier this week The San Francisco Chronicle reported that GM had added six new recalls to the sixty already announced. The new recalls mean the auto giant’s recalls for 2014 cover more than 29 million vehicles.

GM Ignition Switch Recall and Compensation Program

While note every recall involves a problem that has been known to cause accidents, a piece in last week’s Wall Street Journal focused on a problem initially linked to at least 54 crashes and 13 fatalities. The actual toll may be much higher. GM recently began a compensation program and in the first eight days received approximately 120 claims, half of which involve purported fatalities and another dozen or so that involve catastrophic injury. The issue, which led to a recall of around 2.6 million cars, is a possibly faulty ignition switch that could slip out of the “on” setting, abruptly stalling the vehicle and disabling its air bags. Distressingly, reports say that GM knew about the underlying problem for over a DECADE, but only began to recall and repair affected vehicles this February.

Sewage Spills in Northern California: The Impact and the Legal Rights of Toxic Exposure Victims

August 13, 2014 | Gregory J. Brod

People talk about a “California Lifestyle.” Having met such diverse people in our practice, we’d be hard-pressed to define just one. Any definition would certainly include a mix of sand and surf, land and water, and an active engagement with our environment. Typically healthy, this lifestyle means environmental problems can quickly become health problems. In this post, our Oakland toxic exposure law firm looks at one example — the health impact of sewage spills and sewage contamination.

Oakland Water Main Break Follows a History of Sewage Leaks and Spills

One way sewage can get into our waterways is following a water main break. While sewage isn’t mentioned, The Oakland Tribune recently reported on three water main breaks that occurred around Oakland on Monday. An East Bay Municipal Water District spokesperson linked the breaks with work on an aqueduct and related pressure changes. The largest break flooded Kingston Road near the Piedmont Border. There was also a break at 47th Avenue and a third at Walavista & Arimo Avenues. An official noted that all of the affected pipes were aging.

California Attorney on Hotel Pools and Civil Liability

August 8, 2014 | Gregory J. Brod

August is often a time for family vacations, with parents squeezing in travel before the school year starts again (although some schools now start in early August!). For many people, the hotel pool is the first stop after they drop their bags in their rooms and parents often struggle to get kids to wait that long! Hotel pools are often filled with laughter and the site of long-lasting, happy memories. Unfortunately, however, hotel pool drowning is a real danger. While we hope that one day the service is no longer needed, until that day we will proudly serve drowning victims and their families as a Northern California pool injury law firm.

Heroic Passerby Pulls Family Out of Hotel Pool, But Outlook for Victims Unclear

The headline of an NBC Los Angeles article told an amazing part of the story: “Man Learns CPR, Rescues Family Week Later at Motel Pool.” According to the report, an 11 year old boy and 12 year old girl were playing in a motel pool when they wandered into deep water on Monday. Their mother instinctively jumped in to help, but neither she nor her children could swim. A Good Samaritan heard their screams, scaled a fence, pulled all three out of the pool, and began CPR until emergency personnel arrived. The man had only learned CPR the week before.