San Francisco Injury Lawyer Blog

Young Sacramento Pedestrian Dies in Crosswalk Crash

December 29, 2013 | Gregory J. Brod

When it comes to cars versus pedestrians, it will never be a fair fight. A typical car weighs around 4,000 pounds while an average American male weighs in around 195lbs. Cars can easily top 100 miles per hours while the very fastest a person has been able to run (and for not nearly as long) is 27mph. When it is a car versus a pedestrian, the car is likely to “win” – an equation that makes pedestrian safety rules an important part of traffic safety and one of the reasons we believe so strongly in our work as a Sacramento pedestrian accident law firm. Pedestrian safety

Boy Hit By Two Cars Succumbs to Injuries

December 2013 turned tragic for a Sacramento family when, as reported by The Sacramento Bee, an 11 year old boy died after being hit by two vehicles on Bruceville Road. On Monday December 22 at 5:23 P.M., Moses Galang and another boy were running south on Bruceville when they passed through the crosswalk at the intersection with Cosumnes River Boulevard. While his companion passed safely, Galang was hit by two vehicles in a row. While the first vehicle stopped, the second did not. The latter vehicle is described as a white or light-colored full-sized van, believed to be a Ford or Chevy from the late 1970s or early 1980s. Moses was taken for treatment but succumbed to his injuries on Thursday morning.

Officials, CHP Brace for Another Potentially Perilous Holiday Season on Roads

December 27, 2013 | Gregory J. Brod

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As is the case Thanksgiving week, the two weeks encompassing Christmas and New Year’s are heavy periods for travel in the United States, when families and friends are reunited from miles and time zones apart. It is also a period, unfortunately, during which there is a high volume of traffic accidents, injuries and fatalities, a fact that has San Francisco personal injury attorney Gregory J. Brod as concerned as ever about the safety of motorists, passengers, pedestrians, bicyclists, motorcyclists who will be on the roadways this holiday season.

The federal government ushered in a period of stepped-up vigilance for the nation’s roadways Dec. 17, when Transportation Secretary Anthony Foxx and National Highway Traffic Safety Administrator David Strickland announced the two-week-long “Drive Sober or Get Pulled Over” crackdown on drunken or drugged driving. The effort has been joined by officials from local law enforcement agencies, the Governors Highway Safety Association and Mothers Against Drunk Driving.

DUI-Related Fatalities Up During Holidays
Statistics suggest that there is plenty of good reason to be concerned over more dangerous conditions on roads during the holiday season, particularly due to the heightened propensity for motorists to be driving under the influence of alcohol. Indeed, according to the National Highway Traffic Safety Administration, during the last 10 years, 41 percent of traffic fatalities occurring around the New Year’s holiday and 37 percent of traffic deaths around Christmas involve alcohol impairment. Those figures stand in contrast with the 31 percent national average for alcohol-related traffic fatalities over the last 10 years.

Locally, the figures for drunken-driving-linked fatalities have not been much better than the numbers registered nationally, or they have been mixed at best. For example, according to the California Highway Patrol, comparing figures from CHP jurisdictions in the Bay Area show that traffic fatalities were down over the New Year’s holiday weekend in 2013, but traffic deaths were up over the Christmas holiday the week before.

Holiday Traffic Fatalities Rise Over Last Two Years in California
Statewide, 41 people died on California roadways over the 2013 New Year’s holiday weekend compared with 25 fatalities the comparable weekend the previous year. For Christmas week, the CHP reported that more than twice as many people died on state highways and streets in 2012 than over the corresponding week in 2011. The respective numbers were 39 fatal crashes over Christmas week 2012 and 14 over Christmas week 2011.

With respect to arrests for drunken driving, the numbers have been on the rise in California for both the New Year’s and Christmas holidays over the last two years. During the 2013 New Year’s holiday, the CHP reported that 1,405 drivers were arrested for driving under the influence, compared with the 1,270 motorists who were arrested for DUI the New Year’s week a year before. And during Christmas week 2012, the CHP reported 1,170 DUI arrests, up from the 980 motorists arrested for DUI during Christmas week 2011.
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Fire Injury Lawyer Urges Caution to Prevent Home Heating Fires this Holiday Season

December 24, 2013 | Gregory J. Brod

It is one of the “warmest” symbols of the holiday season, stockings hung and a family gathered around a blazing fireplace (hot cocoa is optional). Fires can be beautiful and part of the beauty lies in their sheer power. Sadly, this same power can cause tragedy when fires burn out of control, a fact some area families know all too well this holiday. When home fires are the result of defective products, including the particularly common threat of space heater fires, our Oakland home fire injury lawyer is available to help.

Two Oakland Blazes Serve as a Reminder of the Danger of Home Fires

Two separate Oakland fires have left 15 people homeless in the days just prior to Christmas 2013, according to the Oakland Tribune’s reports. On the 1600 block of Fifth Avenue in Lake Merritt, a candle ignited an apartment fire that spread to two other residential units, leaving all three apartments uninhabitable and also causing minor damage to a liquor store in the building. A second fire struck a home in the 3000 block of Logan Street in the Fruitvale district. Officials believe a cigarette may have sparked some trash behind the house. Thankfully, residents at both locations were able to escape safely, with only one person requiring at-the-scene treatment for smoke inhalation.

The Pursuit of Justice for a Teen Killed by a Speeding San Francisco Driver

December 22, 2013 | Gregory J. Brod

If asked, most people will agree that driving is a serious responsibility. Sadly, this knowledge doesn’t always translate into action and drivers are often careless behind the wheel. One of the most common ways in which this inconsistency between words and actions manifests itself is in driver’s approach to speeding. Most drivers recognize that speeding raises the risk of a serious accident, but that doesn’t seem to stop drivers from speeding on a regular basis. Drivers seem to assume that they are the exception, that they can handle the higher speed without the added risk. Our San Francisco fatal car accident attorney knows all too well that this is a deadly mistake.

Woman Accused of Travelling Twice the Posted Speed Limit in Fatal San Francisco Crash

Last week, as reported by the San Francisco Chronicle, a woman entered a not guilty plea on charges related to allegations that she crashed into a family’s minivan and killed a teenage boy while travelling at twice the posted speed limit on September 27, 2013. According to the allegations, 58 year-old Jennie Zhu of San Francisco was driving a Mercedes-Benz faster than 70mph on Pine Street through a portion of the Western Addition neighborhood. Investigators believe she’d been speeding for multiple blocks when Zhu rear-ended a minivan at Gough Street. Kevin San, a junior at Lincoln High School, was killed in the crash which also left his mother and sister seriously injured. A catering van was also struck, causing three occupants to be hospitalized with non-life-threatening injuries. Zhu herself suffered minor injuries in the crash.

Theatre Collapses Injures Dozens, Investigator Say No Criminal Liability

December 20, 2013 | Gregory J. Brod

Part of the domed ceiling at the historic Apollo Theater in Central London crashed down onto onlookers during a packed performance. The collapse occurred during an evening performance of the hugely popular play called, The Curious Incident of the Dog in the Night-Time. In the middle of the performance debris from the century old building showered the 700 theatergoers. “We heard a creak, somebody screamed, somebody from over there said, ‘Look out!’ and then the ceiling kind of creased in the middle and then just collapsed,” a witness reports. A 10-meter-by-10-meter square section of the ceiling fell, and a portion of the balcony was taken out by the force of the square. Onlookers initially thought the dramatics were a part of the play, or even sound effects. A cloud of thick dust came down making it hard to see. And, the reality of the situation immediately set in on the theatergoers.

Firefighters and rescue personnel were able to remove all 720 people from inside the West End of the theater. Approximately 80 people were injured with head trauma, broken bones, cuts and contusions. Many of the injured were able to be treated at the scene, while dozens were taken to nearby hospitals. Nine people were seriously hurt in the collapse, and three injured people had to be rescued by firefighters because they were trapped under debris. Fortunately none of the injuries were life-threatening.

No Criminal Liability

San Francisco Attorney Analyze Florida’s Vicarious Liability After Pedestrian Killed By City Garbage Truck

December 19, 2013 | Gregory J. Brod

Unfortunately, pedestrian accidents occur every day. Drivers are expected to operate vehicles as that of an ordinarily reasonable person, otherwise, the driver can be found liable for their negligence. In the event the driver acts negligently while they are working, the victim may be able to sue the employee’s employer. The attorneys at Brod Law Firm are experienced in pedestrian accidents and the complexities involved in each case.

Pedestrian Killed By Garbage Truck

A pedestrian was struck and killed by garbage truck in San Francisco. As reported, witnesses observed the pedestrian walking behind a Recology garbage truck, and then the garbage truck backed over the pedestrian. This incident was the second pedestrian death in less than 24 hours in Bay area. Recology, the company that owns and operates the garbage truck, has had numerous unfortunate incidents over the past few months. In May, a bicyclist was fatally struck and in March a 7 year-old girl’s foot was crushed by a truck. In these cases, Recology may be liable for their employee’s negligence under the theory of vicarious liability.

The Story of a Routine Surgery Gone Terribly Wrong at the Hospital

December 18, 2013 | Gregory J. Brod

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Typically the prognosis for anyone undergoing a routine form of surgery is good to excellent. And certainly a tonsillectomy would fall into the category of one of the most routine of surgeries. That’s why Bay Area personal injury attorney Gregory J. Brod is as shocked as the rest of the community and the nation over the tragic case of a teenager in Oakland who is now clinically brain dead after having her tonsils removed.

Procedure Done in Hopes of Controlling Sleep Apnea
According to the San Jose Mercury News, Jahi McMath, 13, checked into Children’s Hospital Oakland for tonsil surgery on Dec. 9. McMath suffered from sleep apnea, which is a potentially serious sleep disorder in which the afflicted person’s breathing is repeatedly interrupted during sleep, and her doctors felt that removal of her tonsils would help alleviate the sleep apnea.

Just after her surgery, McMath seemed healthy and alert, but later that evening she began to bleed and then she went into cardiac arrest. After experiencing a massive swelling in her brain, McMath was pronounced brain dead three days after the operation. Tests conducted since the operation have shown no brain activity.

McMath’s family has sought to keep her on life support, but her mother said that staff at the hospital had been pressuring her to sign paperwork to take McMath off life support and release her body to the Alameda County coroner’s office. In response, the McMath family attorney has delivered a cease-and-desist letter to officials at the hospital to keep the teenager alive.

Hospital Staff Remains Mum
Children’s Hospital Oakland officials decline to discuss the specifics of the case, claiming that the family has denied them permission to speak on the matter. As is the case in such situations, privacy laws forbid a hospital from releasing information concerning a patient’s condition or care without his or her consent.

Meanwhile, the McMath family understandably has maintained a vigil for their stricken teenager. And the family had been touched by the outpouring of support from strangers.

“A lot of people here don’t know my daughter, and they came out to pray for her, said Nailah Winkfield, the girl’s mother. “I can’t wait to get back to the hospital and tell her how many people are praying for her.”

Indeed, many are praying for her recovery, and news of her condition has spread around the world. McMath’s story has resonated on social media, where there has been an upwelling of support for the family.

For their part, the family is appreciative of the support and maintains hope that McMath will recover.

“We’d like to thank everyone across the nation who took time to pray for Jahi,” said Omari Sealey, the girl’s uncle. “We feel rejuvenated, we feel recharged, and we are ready. We are praying for a medical miracle, but we are also praying for the hospital to have more compassion.”
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Coming To The Rescue: Overview of the Florida Good Samaritan Laws

December 18, 2013 | Gregory J. Brod

Generally, a person has no duty to come to the aid of another. However, if a person elects to come to someone’s aid, the rescuer had a duty to exercise due care. Good Samaritan laws provide an exception to this due care requirement. The Good Samaritan laws are meant to protect those individuals who choose to tend to another person who is injured. The goal is to reduce the rescuer’s hesitation to assist the injured person in fear of a prosecution or lawsuit. As a matter of public policy, some jurisdictions implement Good Samaritan laws to prevent reluctance in assisting an injured person. The laws vary from one jurisdiction to another. Some states actually expand protection to any person who acts reasonably under the conditions.

California Law

In California, the Health and Safety Code 1799.102 governs the Good Samaritan laws. According to the Code, no person who acts in good faith rendering emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omission by such person rendering the emergency care.

California Injury Attorney on Vehicle-Related Road Debris

December 13, 2013 | Gregory J. Brod

There is no such thing as a simple automobile trip. Driving is a complex task, a truth we are constantly reminded of in our work as an Oakland car accident injury law firm. Drivers must focus on the mechanics of operating a vehicle while staying alert to the presence of other drivers, bicycle riders, motorcyclists, and pedestrians. A driver needs to be able to watch for signs, signals, and road conditions, while filtering out a flurry of potential distractions from a ringing phone to a noisy radio, from eye-catching billboards to bickering children in the backseat. Drivers also need to be alert for the unexpected, including the topic of today’s post – road debris, with a particular focus in this entry on vehicle-related debris.

Crash Blame On Runaway Tire

On Thursday, a car accident on Highway 4 in Pittsburg left at least one person injured according to a report by The Contra Costa Times. The single-vehicle accident occurred around noon on the eastbound off-ramp at Railroad Avenue. Witness reports suggest that a runaway tire flew into the path of a blue Cadillac, hitting the car’s front windshield. Early speculation is that the tire may have come from the westbound side of the highway. California Highway Patrol Officer Ron Simmons confirmed that no other cars were involved and that ambulances were called to the scene. It is unclear how many people were in the Cadillac at the time of the incident.

Baseball Injuries–Threat of Home Plate Collisions

December 11, 2013 | Gregory J. Brod

While most sports fans in the U.S. are currently focused on football, there is plenty going on behind the scenes in another one of the nation’s favorite games – baseball. Managers are meeting and honoring greats of seasons past with Hall of Fame announcements while also planning for the 2014 season with trades and other roster changes. The meetings also offer a chance for baseball’s leadership to discuss important issues impacting the sport, such as the threat of serious injuries. Although they don’t get the attention that surrounds injuries in football and other heavy-contact sports, baseball injuries can be serious and can affect players from the Major Leagues all the way down to the tee-ball set. A passionate sports fan and experienced industry professional, Attorney Greg Brod serves as a San Francisco sports injury lawyer and helps youth and adult players obtain compensation when bad policy, defective equipment, or reckless decision-making lead to serious and unnecessary injuries.

Giants Manager Focuses on Danger of Home Plate Collisions

Bruce Bochy, manager of the San Francisco Giants since 2006, hopes that the winter meetings not only help him build a great roster for 2014 but also provide an opportunity for discussing an injury-preventing rule change. According the San Jose Mercury News, Bochy began seriously contemplating a rule change relating to home plate collisions in 2003. He was serving as the manager for the San Diego Padres when Brian Jordan of the Los Angeles Dodgers collided with Padres’ catcher Gary Bennett. Bochy initially feared Jordan might have been paralyzed by the impact which ultimately sidelined him for a month. On May 25, 2011, Bochy was again face-to-face with the problem when Giants’ catcher Buster Posey suffered a serious ankle injury and broken fibula following a home plate collision (see the San Francisco Chronicle’s report on the injury).