San Francisco Injury Lawyer Blog

Death of Teen on Railroad Tracks in San Leandro Points to Disturbing Trend

May 20, 2014 | Gregory J. Brod

A growing and troubling problem claimed another life Monday evening in San Leandro, where an 18-year-old woman was struck and killed by a train while she was walking across railroad tracks. The victim, a San Leandro High School senior, did not fit the profile of the average railroad crossing fatality that the Federal Railroad Administration has described, i.e., a 38-year-old Caucasian male who is under the influence of alcohol and/or drugs, and prompts San Francisco train accident attorney Gregory J. Brod to ask what is behind the increasing number of pedestrian rail fatalities.

According to the San Francisco Chronicle, the victim, Britany Silva of San Leandro, was walking south along the east side of Hesperian Boulevard near Springlake Drive about 5:55 p.m. when a southbound Amtrak train appeared. Silva was wearing “earbud-style” headphones while she was talking on her cellphone when a witness yelled out to her to stay clear of looming train, according to police. Unfortunately, police said that Silva was not able to respond to the man’s warning, perhaps because she was not able to hear him, and she was struck by the train. Her body was found 50 feet from the intersection, and the train came to a stop several hundred yards after the collision.

Silva, who lived in an apartment complex next to the train tracks, was the second cellphone-related fatality of a teen on railroad tracks in the East Bay in the last few months. In March, a 14-year-old girl died in Martinez after she was struck by a freight train when attempting to retrieve the cellphone that she had dropped on the tracks.

The recent fatalities may be attributable in part to a growing phenomenon of what is known as “distracted walking,” i.e., when a pedestrian is preoccupied with something such as an electronic device and does not see or hear impending danger on a roadway or railroad track. With respect to railroads, an additional factor has been that freight traffic has been growing in the United States in recent years, particularly as a result of increased rail transportation from the nation’s booming oil and gas fields, and thus, unfortunately, there have been more opportunities for pedestrians and trains to cross paths.

Whatever the causes of pedestrian fatalities on railroad tracks in the United States the numbers have been clear and they point to an undeniably disturbing trend. According to the Federal Railroad Administration Office of Safety Analysis, the number of total deaths and injuries sustained by railroad trespassers, excluding those from highway-rail collisions, has been rising nationwide, going from 772 in 2011, to 842 in 2012 to 900 such cases in 2013. California has experienced the same pattern, with injuries and deaths increasing from 96 in 2011, to 118 in 2012 and 127 last year. Counting fatalities alone, there have been 259 railroad trespasser deaths in California from 2010 through 2013, with 76 recorded last year.
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Injury Lawyer Discusses Prevention Following Pair of Tragic San Jose Mobile Home Fires

May 16, 2014 | Gregory J. Brod

When it is controlled, fire can light the darkness, warm the cold, and make food safe to eat. When uncontrolled, however, fire can destroy property, cause permanent and disfiguring injuries, and claim lives. This post focuses on the specific threat of mobile home fires, including advice on prevention and a reminder that our San Jose mobile home fire lawyer is available to help when a fire caused by someone’s negligence or recklessness leaves a victim injured or dead.

Two Fatal Fires Strike San Jose Mobile Home Park in Single Week

On Wednesday, the Sunnyvale Department of Public Safety responded to a call at Rancho La Mesa mobile home park where, according to the San Jose Mercury News, they found a home engulfed in flames. While 25 firefighters were able to gain control and prevent the fire from spreading, one person was found dead in the home and was so badly burned that an identification could not be made immediately.

Cat’s Rescue of Boy Puts Spotlight on Feline Bravery, California’s Dog-Bite Statute

May 15, 2014 | Gregory J. Brod

The old adage that a dog is man’s best friend was most decidedly not the case Tuesday at one particular residence in Bakersfield, California, that has become well-known in the viral community for the heroics of a family house cat that came to the rescue of a boy attacked by a neighbor’s dog, all of which was captured on film. And San Francisco dog-bite attorney Gregory J. Brod would cite the amazing bravery of a boy’s best friend as not only as a teachable moment on the surprising abilities of the felines that live with us in our communities but also a “purrfect” opportunity to review the applicable dog-bite statue in California.

Protecting Tenants from Unscrupulous Landlords in San Francisco’s Tight Housing Market

May 14, 2014 | Gregory J. Brod

Our San Francisco tenant’s law firm believes that all San Francisco’s residents, whether they own or rent and whether they are very rich or struggling to make ends meet, deserve a safe and habitable residence. A lawsuit currently pending in San Francisco Superior Court and discussed in a San Francisco Chronicle report examines this right from a unique angle, focusing on the relationship between landlords and the city. It is a reminder that all tenants have rights, the same tenants’ rights we fight for on behalf of our clients throughout Northern California.

City Alleges Landlords Provided Unlivable Conditions Violating City Contracts and Risking Tenant Safety

City Attorney Dennis Herrera filed the suit naming four members of the Thakor family and 13 family-controlled companies as defendants, focusing on residential hotels the defendants owned and operated. The defendants claimed to provide stabilization rooms, units intended for homeless people identified by outreach teams, patients leaving San Francisco General, those enrolled in certain programs (i.e. the city’s sobering center), and people with other contracts through the Department of Public Health. Monthly invoices to the city associated with the units were in the $65,000 to $73,000 range.

Pedestrian Injury in S.F.’s Sunset District Fits Pattern of Similar Incidents

May 9, 2014 | Gregory J. Brod

Notwithstanding San Francisco’s recent efforts to curb the number of incidents in which pedestrians have sustained injuries in collisions with motor vehicles, the city by the bay remains a perilous place for pedestrians. And San Francisco pedestrian accident attorney Gregory J. Brod found Thursday’s latest example of another pedestrian suffering injuries while crossing the street particularly troubling because it happened on a roadway that has already seen two other high-profile injuries that made the news this year.

A 20-year-old woman was crossing the intersection of Sunset Boulevard and Yorba Street in the city’s Sunset district when, according to KTVU News, she was struck by a Honda CRV. The woman entered the crosswalk after pushing a button to activate several flashing beacons to alert motorists to stop, which several did, but the driver of the Honda CRV did not stop, noticed the woman too late and skidded into her. The impact between the car and the woman sent the latter spinning to the pavement, and she was transported to the hospital with moderate injuries.

One other pedestrian suffered more serious injuries and another one died at the same intersection, which has six lanes and a center island, earlier this year. In February, a 77-year-old man was struck and killed, and in that same month a teenage boy was hit and sustained head injuries. As in the case of Thursday’s incident, the man who was killed and the teenage boy had pushed a button that triggered the flashing beacon alert system prior to crossing the street.

The roadway conditions at Sunset Boulevard and Yorba Street – six lanes and no signal for several blocks that allow traffic to pick up speed – unfortunately, are conducive to pedestrian-motorist collisions, and dozens of people have been hit on Sunset Boulevard over the years. Indeed, the perilous conditions at the intersection are an example of why pedestrian-motorist collisions have been concentrated in a limited number of particularly dangerous intersections in San Francisco.
There are several troubling statistics that point to a definite profile for pedestrian-motorist collisions in San Francisco, including the following that were compiled by KQED:

Every year in San Francisco at least 800 people are injured in collisions with motor vehicles, and 100 are severely injured or killed;
Six percent of the streets in San Francisco account for 60 percent of all severe and fatal pedestrian injuries;
Fifty percent of all pedestrian fatalities involved a motorist who was driving at 40 mph or faster, whereas only 10 percent of fatalities involved a motorist who was driving at 25 mph or slower;
Sixty-four percent of drivers in pedestrian-motor vehicle collisions are found at fault, with 41 percent of that total failing to yield to the pedestrian;
Twenty-eight percent of all pedestrian injuries in a collision with a motor vehicle were preceded by the latter making a left turn; and
Seniors suffer fatal injuries at a rate five times greater than younger adults.

The city had been planning to install a stop light at the intersection of Sunset Boulevard and Yorba Street in 2016. However, in the wake of the fatality in February, those plans have been moved up by one year.
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$14.3 Million Dollar Award to Woman Injured While Riding Transit Bus

May 5, 2014 | Gregory J. Brod

It was anything but a smooth ride for a woman who was riding on an AC Transit bus with her family almost three years ago. According to the SF Gate, she broke her back when the bus hit a speed bump on its way to a shopping mall. Evidently the bus was traveling double the speed limit when it hit the bump. However, after the woman cried out in pain after her injury the bus driver verbally assaulted the injured woman. The whole incident was caught on tape by the bus’s camera and on Tuesday, the jury awarded the injured woman $14.3 million dollars for pain and suffering, medical expenses and loss of earnings. The jury found the bus driver to be negligent and although AC Transit had several opportunities to settle out of court, they refused and paid a hefty price. As San Francisco’s premier personal injury firm, we have represented many people who have been injured in bus accidents and know how to handle these cases.

Who can be Held Liable for Bus Accident Injuries?

It is important to note that entities that operate bus lines can be held liable for the negligent acts of the bus drivers they employ. This is because bus line operators have a duty to properly train their bus drivers. In addition to the bus line operators, the following parties may be held liable for injuries that occur during a bus accident:

New Bike Lane Makes it Easier for Bicyclists to Ride on a One-Way Street

May 3, 2014 | Gregory J. Brod

Traveling by bike is a cost effective and environmentally friendly way to navigate through the city of San Francisco. In fact, according to Bicycling magazine, San Francisco is the 8th most bike friendly city in all of America. They claim that to make the list, a city must “‘possess both a robust cycling infrastructure and a vibrant bike culture.” San Francisco must possess these qualities and more to achieve the number 8 spot on this highly coveted list. However, no matter how bike friendly San Francisco may be, it is a sobering fact that bicyclists often suffer from serious injuries due to bicycle accidents. The National Highway Traffic Safety Administration reported that in 2011, almost 48,000 cyclists nation wide sustained some type of injury. Therefore, it is good to know that San Francisco is taking special measures to make streets safer for bikers by installing a new contra-flow bike lane on Polk Street.

New Contra Flow Bike Lane Moves Against Traffic on Polk Street

The San Francisco Gate reports that starting today; bicyclists may ride in a new bike lane that that encourages them to ride in the opposite direction of traffic on Polk Street. This new brightly painted green lane is referred to as a “contra-flow” lane and is separated from traffic by a 6 foot wide raised island that is beautifully landscaped. Although this is not the first “contra-flow” lane in the city, it is special because it is the only one that is not only physically separated from the street, but is adorned with greenery. The San Francisco Bike Coalition is especially happy about the new bike lane and their spokesperson exclaimed, “even though it’s just a couple of blocks, it shows what a radical change a small improvement can make.”

A Norovirus Outbreak Causes a Scenic Californian Cruise to be Anything but Smooth Sailing

April 28, 2014 | Gregory J. Brod

Cruise ships are often viewed as a relaxing and luxurious way to travel to several vacation spots in a relatively short period of time. However, they can also be a breeding ground for many personal injury claims. From slip and falls to food and air borne illnesses, a fun filled cruise ship can quickly turn into a vessel of disaster. This is what happened a few weeks ago aboard the Crown Princess, a cruise ship that is a part of the Princess Cruise Lines. CBS reported that approximately 94 passengers and 23 crew members became ill on a seven-day cruise scheduled to stop along several ports along the California Pacific Coast line. Ports of call included Los Angeles, San Diego, Santa Barbara and San Francisco. Although the Princess Cruise Line has not yet confirmed that it was in fact the Norovirus, they claimed they took several precautions to prevent the spread of the “stomach bug”. Even today, the Center for Disease Control (CDC) has labeled the cause of the gastrointestinal (GI) illness on the Crown Royal as unknown. Regardless, several news reports still point to one culprit: the Norovirus.

What is the Norovirus?

The CDC describes the Norovirus as a virus that causes inflammation of your stomach and intestines. Symptoms typically include: stomach pain, nausea, vomiting and diarrhea. The Norovirus spreads by contact with an infected person, touching contaminated surfaces or by contaminated food or water.

In Some Cases, a Dog Bite May Lead to Punitive Damages

April 25, 2014 | Gregory J. Brod

Dogs are often praised for their loyal and obedient temperament. People invest time and money trying to teach their dogs how to be well behaved. However, sometimes these attempts can be futile and a seemingly sweet dog can turn into a vicious perpetrator. As experienced attorneys in dog bite cases, our San Francisco personal injury firm knows firsthand what can happen when a dog causes injuries to an unsuspecting victim. In California, a dog owner is expected to take responsibility for their dog’s actions. According to the California Civil Code 3342, “the owner of a dog is liable for the damages suffered by any person who is bitten by the dog while in a public place.” Typically when a dog bites a victim, it is to the owner’s shame and disbelief. But what happens when a dog attacks a victim because its owner gave the command?

Woman Attacked by Pit Bull Under Unusual Circumstances

According to Inside Bay Area, a 22-year-old woman was attacked by a pit bull in Berkeley last Sunday. What makes this news story different from most dog bite stories is that the owner of the pit bull gave the dog a command, instructing him to attack the woman. The pit bull bit the woman on the arm and she was treated at Berkley Hospital. It is undisputed that the owner of the dog will be held liable for the injury caused by the pit bull. However, because the owner ordered the pit bull to attack she may be entitled to more than just the typical compensation awarded to dog bite victims.

Oakland Attorney on the Fight Against Financial Exploitation of Older Americans

April 23, 2014 | Gregory J. Brod

Financially savvy individuals set aside money during their working years so that they can enjoy a secure retirement, making short-term sacrifices for long-term security. Some people plan for specific dreams such as having the ability to travel, pursue hobbies, or simply spoil their grandchildren rotten! Unfortunately, the growing epidemic of financial elder abuse threatens these dreams and can even endanger a target’s day-to-day financial security. As an Oakland elder abuse law firm, we believe that awareness is key to helping seniors avoid falling prey to these schemes. When abuse does occur, we urge both victims and their families to seek legal counsel to help them recover lost monies and regain financial security.

Police: Oakland Trio Stole $250,000 from Older Piedmont Couple

According to The Oakland Tribune, investigators believe that an Oakland trio targeted an elderly Piedmont couple, allegedly stealing over $250,000 during a two-year time period. On Monday, police arrested 53 year-old Penielli Tutuila, his 49 year-old wife Favita, and their 29 year-old daughter Sophia at their Oakland home. All three family members were booked on suspicion of elder abuse, conspiracy, and forgery charges.