San Francisco Injury Lawyer Blog

Danger Zones: San Francisco Injury Attorney Discusses On- and Off-Ramp Crashes

September 24, 2013 | Gregory J. Brod

Try to remember when you first started driving. If you were like many people, merging onto a high-speed road was one of the most frightening tasks. While it hopefully gets easier over the years, navigating both on-ramps and off-ramps remains a complicated chore. A multitude of differences in road arrangements and the fact that entering and exiting high-speed roads often involves close interaction with other (sadly, often unreliable) motorists raises the risk for on- and off-ramp accidents. When another motorist’s actions contribute to a crash that causes injuries or even death, our San Francisco ramp crash lawyer can help represent the victims in civil court.

One Dead, Two Injured When Vehicle Crashes into I-80W Exit Ramp Wall

A Saturday night turned tragic with an accident that left one dead and two injured, a single-vehicle collision covered by the news team at KGO-TV San Francisco’s ABC 7. At approximately 10:05 P.M., California Highway Patrol officers were called to the Fifth Street off-ramp for Interstate Highway 80 West in San Francisco where a vehicle had crashed into the ramp’s wall. Officer Peter Van Eckert reported that there were three people inside the vehicle at the time of impact. When emergency crews arrived, one passenger was not breathing and CPR had been administered. Although that victim was taken to an area hospital, the individual was later pronounced dead. Van Eckert indicated that the two other occupants of the vehicle suffered injuries but he could not comment on their condition. The CHP closed the ramp until about 11:10 P.M. to investigate but did not provide any further details on the incident.

New Information on Dog Mauling of Bay Area Boy Refocuses Attention on an Old Problem

September 20, 2013 | Gregory J. Brod

We like to think of dogs as “man’s best friend,” and the vast majority of canines are an abiding source of companionship, protection and satisfaction for millions of Americans. However, as a few notorious incidents have demonstrated over the years, some four-legged bad actors have managed to grab the spotlight and give dogs, particularly certain breeds, a reputation for dangerous aggressiveness in dog attacks.

The circumstances where the latter, more hostile tendency comes into play were put on troubling display last month when a 10-year-old Martinez boy was seriously injured by two pit bulls that repeatedly bit him. A report in the Contra Costa Times has shed some new light on the case of Hunter Kilbourn, the injured boy, revealing that an Antioch city staff investigation showed that a second boy was bitten in the same attack in which Kilbourn was mauled. According to the report, a boy at the residence where Kilbourn was playing was bitten by the household dogs when he attempted to pull one of the dogs off Kilbourn. The city report went on to recommend that the two dogs be euthanized.

Dog Bite Incidents Not Uncommon in the United States
Fortunately, Kilbourn has recovered from a majority of the physical injuries he suffered in the Aug. 11 dog attack, but as statistics show, dog bite incidents are a fairly common occurrence in the United States. According to the Centers for Disease Control and Prevention, every year 800,000 Americans seek medical attention for dog bites, with half of those dog bite victims being children. Of those who are injured in dog bites every year, 386,000 require emergency department treatment and about another 16 die.

While one might consider pit bulls as the most likely suspects in dog bite attacks, it might surprise the public to know that studies have not shown the breed to be disproportionately dangerous. According to the American Veterinary Medical Association, controlled studies have found pit bulls to among several breeds, including German shepherds, Rottweilers, Chow Chows, Jack Russell Terriers, mixed breeds and others that are highly represented in biting incidents in the United States. However, pit bull-type dogs are more frequently associated with cases in which there has been a severe injury or fatality. But even here the AVMA issues a caveat, saying that the phenomenon may be due to such factors as the popularity of pit bulls in the victim’s community, reporting biases and the dog’s treatment by its owner – for example, cases where pit bulls are used as fighting dogs. Indeed, controlled studies also point out that the pit bull owner’s own behavior, i.e., criminal and/or violent acts, may be an underlying causal factor behind severe or fatal attacks on humans by pit bulls. And to place the point in a geographic perspective, it should be noted that fatalities due to dog attacks in some parts of Canada are linked mainly to sled dogs and Siberian Huskies, breeds that are much more prevalent in some regions of our neighbor to the north.

California Law Specific on Dog Attack Liability
Regardless of the breed of dog involved in an attack upon a human, California law is pretty straightforward when it comes to liability. As stated in California Civil Code Section 3342, “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
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A Step Towards Safer Travels on the Golden Gate Bridge

September 20, 2013 | Gregory J. Brod

The Golden Gate Bridge is perhaps San Francisco’s best known landmark; it attracts many tourists to our region. However, for many others, the bridge is simply a part of everyday life and their daily commute. Sadly, the bridge has seen a number of accidents over the years. Bridge accidents are particularly frightening and our San Francisco accident law firm believes that discussions about improving bridge safety should be a regular part of the local dialogue. Our community should demand safe structures on our roads and community members should also do their part to ensure the safety of Northern California’s roads.

Final Approval Likely for Moveable Median Barrier Project on the Golden Gate Bridge

On Thursday September 19, according to a news report on the official website for the Golden Gate Bridge, a committee including 11 out of 19 members of the span’s Board of Directors voted unanimously to move forward with a plan to purchase and install a Moveable Median Barrier (“MMB”). The full board is expected to confirm this vote. Currently, the MMB is expected to cost $26.5 million with 76% of the budget coming from the state of California through the Metropolitan Transportation Commission, 19% coming from bridge tolls, and 5% of the money coming from federal funds.

During Peak Harvest Season, We Are Reminded of Dangers of Food-Borne Illnesses

September 18, 2013 | Gregory J. Brod

September is a time of the year to take joy in the bounty of our nation’s agricultural sector. However enticing fresh-from-the-farm produce may seem this month, though, we need to be aware that food-borne illnesses can crop up just as easily in late summer and early fall as in any other time of the year, and our food safety law firm continues to call attention to the pitfalls of contaminated food as well as serve as a top advocate for the rights of those who have been sickened or who have died as a result of consuming tainted food.

Bacteria-Linked Disease Outbreaks a Major Problem in U.S.
Unfortunately, food-borne illnesses are fairly common in the United States. According to the Centers for Disease Control and Prevention, every year 48 million Americans – roughly one in six of us – will fall ill due to eating contaminated food. Furthermore, CDC data show that during the period from Jan. 1, 2009, through Dec. 31, 2010, public health departments reported 1,527 food-borne disease outbreaks, which resulted in 29,444 cases of illness, 1,184 hospitalizations and 23 deaths. Of the 790 outbreaks with a laboratory-confirmed illness, norovirus was responsible for the most reported infections, followed by salmonella, which was linked to 30 percent of outbreaks. In the most severe cases, however, listeria was the most deadly agent, as 82 percent of those sickened by the pathogen were hospitalized. Indeed, among the 23 deaths during the two-year timeframe, 22 were due to a sickness caused by a bacteria such as listeria, salmonella, E. coli, Clostridium perfringens or shigella.

Vine-stalk vegetables are a major source of food-borne illnesses and hospitalizations due to contamination from such pathogens as salmonella or listeria. Just this month, a Wyoming man refiled a wrongful death lawsuit in federal court against a Sheridan, Wyo., Walmart, claiming that his wife died after she consumed a contaminated cantaloupe that was purchased at the big-box retailer, according to the Sheridan Press.

Sicknesses Traced to Cantaloupe Have Hurt Sales of Melons
Contaminated cantaloupe has been a problem that has devastated the melon-growing sector of agriculture, especially in California, where 75 percent of all the cantaloupes consumed in the United States are grown. While neither of the two biggest cantaloupe-linked bacteria outbreaks in the country – a listeria outbreak in 2011 that sickened 147 people and killed 33 in 28 states or a salmonella outbreak last year that caused 261 people to fall ill and three to die in 24 states – were traced to melons grown in California, sales of cantaloupes from all states have dropped significantly in the U.S. And according to Food Safety News, cantaloupe growers in the Golden State decided in June to adopt a mandatory food safety plan as a measure to restore confidence among consumers of their product. The new standards will include government audits of all stages of cantaloupe production and require handlers to pass the program’s audits, which will be run by inspectors from the California Department of Food and Agriculture.
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A Look at Sources of Compensation for Fire Injury Victims

September 18, 2013 | Gregory J. Brod

A cozy night spent reading by the fireplace, making smores around the campfire, a backyard barbeque with friends and family – fire, when controlled, can play a role in building happy memories. Uncontrolled, however, fire can be the source of terrible trauma. House fires can destroy physical possessions and cause serious injury or even death. When fire strikes homes in Northern California, The Brod Firm can help victims and serve as an Oakland fire injury law firm.

Fire Consumes One Home, Damages Two Others in West Oakland

The Oakland Tribune reported on a terrible blaze that damaged three homes in West Oakland on Tuesday morning. Fire officials believe the fire started at 3:29 A.M. in a laundry room located in the rear of a Victorian-style, two-story house on the 900 block of 24th Street, near the Market Street intersection. According to Battalion Fire Chief Emon Usher, an electrical problem sparked the blaze.

Adding Alcohol into Mix of Motorcycle Accidents Makes for Deadly Cocktail

September 16, 2013 | Gregory J. Brod

Data has made it quite evident that riding a motorcycle has become an increasingly perilous pursuit in the United States, with the most recent information showing that motorcycle fatalities are on the rise in this country. But studies show that the unwelcome numbers look even more dispiriting once one factors in alcohol-impaired driving on the part of at least one of the parties involved in a crash, and the alarming statistics are the continuing concern of San Francisco motorcycle accident attorney Gregory J. Brod.

Two Unrelated Fatalities on Bay Area Highway Last Week
The risks to motorcyclists were on display in a high-profile and most unfortunate way last week and particularly this weekend when two motorcyclists died in two separate incidents on the same Oakland freeway. According to the San Francisco Chronicle, the most recent incident involved two motorists who were arrested on suspicion of drunken driving after the rider of a Harley-Davidson motorcycle got into an altercation with one of the motorists on Interstate 880, with the motorcyclist crashing into a different motorist. The collision with the second vehicle, a pickup truck, caused the latter to burst into flames and the death of the motorcyclist; investigators are still trying to figure out the exact sequence of events. The fatality was the second suffered by a motorcyclist on I-880 in less than one week, as another motorcyclist died Thursday when crashing his Harley-Davidson into the rear of a big-rig truck on that interstate.

While police suspect that alcohol was a factor in one of the last week’s crashes involving a four-wheeled motor vehicle and a motorcycle that resulted in the death of a motorcyclist, by at least once measure the numbers for alcohol-impaired driving of motorists have been gradually improving over the last four decades. Indeed, according to statistics from the National Highway Traffic Safety Administration, the percentage of weekend nighttime drivers with a blood alcohol concentration above the legal limit of 0.08 g/dl has dropped from 7.5 percent in 1973, to 5.4 percent in 1986, to 4.3 percent in 1996, and to 2.2 percent for the most recent survey conducted in 2007.

Statistics for Alcohol-Related Motorcycle Deaths Grim
Unfortunately, the figures for motorcyclists have not been as encouraging. NHTSA statistics show that in crashes in 2008 a higher percentage of motorcycle riders had a BAC above the legal limit than any other type of motor vehicle driver, with motorcyclists accounting for 29 percent of those within that category, as opposed to 23 percent for passenger cars, 23 percent for light trucks, and 2 percent for large trucks. Forty-three percent of the 2,291 motorcycle riders who died in single-vehicle crashes in 2008 had BAC levels at or above the legal limit. Even worse, 64 percent of those motorcyclists killed in single-vehicle crashes on weekend nights had BAC levels at or above the legal limit. In fact, motorcyclists who died in traffic crashes at night were nearly four times more likely to have BAC levels at or above the legal limit than those killed during the day, with the numbers registering at 48 percent and 13 percent, respectively.
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Teen Speeding: A Risk Rarely Talked About but Commonly Involved in Car Crashes, Including a Fatal Car Accident in Antioch

September 16, 2013 | Gregory J. Brod

Many young people spend years dreaming of the day they will get their driver’s license – a first sign of adulthood and a ticket towards independence. Parents, on the other hand, can experience conflicted emotions – sadness at their child growing up, appreciation that the child may be able to take on some chores or at least handle his/her own transportation needs, and fear. Sadly, the fear is well-placed. Teen drivers are involved in a disproportionate number of accidents, both as victims unable to respond quickly to a threat and as the parties responsible for the accidents, a role often tied to lingering immaturity and a failure to appreciate risks. Our San Francisco teen driver accident law firm knows that this limited maturity often causes the dangerous, often deadly, combination of teens and speeding.

Speeding Cited in Fatal Crash Involving Antioch Teens

An accident involving teens, speeding, and cars turned the streets of Antioch into the setting for tragedy. The San Francisco Chronicle reports that teens in two separate cars were speeding near the intersection of Hillcrest Avenue and Sterling Hills Drive around 7 P.M. on Friday evening. One of the cars, a Jaguar driven by an unidentified 19 year old male, careened into a tree. Both driver and passenger were ejected from the car. The unnamed driver was seriously injured and transported to John Muir Medical Center in Walnut Creek. The crash claimed the life of the passenger, 17 year old Lydell Benjamin, a Deer Valley High School student.

Dangling Window-Washing Rigs and Cranes: When Things Go Wrong at Construction and Building Maintenance Sites

September 13, 2013 | Gregory J. Brod

Construction or maintenance activities in public spaces carry with them a measure of risk to public safety, and that’s why we have safety regulations in place to help protect not only the workers involved but also residents, workers and other passers-by in the vicinity of such sites. However, as one short but tense incident in San Francisco on Friday and another longer-lasting and more consequential incident nearly a year ago in New York City demonstrate, even the best intentions of regulations may not be enough to stave off potentially devastating accidents related to construction or maintenance work.

Tense Morning in San Francisco’s Financial District
Fortunately for those people who were impacted by Friday’s suspenseful dangling of a window-washing platform in San Francisco’s Financial District, the drama that unfolded didn’t get to the point that anyone was injured. According to a report filed by KGO News, the local ABC affiliate in San Francisco, the window-washing rig was seen to be hanging unsafely from the 41st floor of a 45-story building at 301 Clay Street at 7:02 a.m. As a result, traffic was blocked on Battery Street between Clay and Sacramento streets and several floors of the building impacted by the errant rig were cleared of workers. Understandably, nerves in the neighborhood were on the jangled side until the rig was finally secured when it was pulled over the top of the building at about 10 a.m. No one was inside the rig, and firefighters believe it did not have a secure latch engaged when it started to go astray.

While the Friday the 13th scare in San Francisco ended without anything bad happening, the story in New York City emanating from the collapse of a construction crane in the wake of Hurricane Sandy nearly one year ago has been far more momentous. As the hurricane’s 80-mph fury raged through New York City on October 29, 2012, the construction crane at a 90-story apartment high-rise being built on West 57th Street snapped backward and then began dangling perilously over Midtown Manhattan for the next six days, compelling the city to shut down two city blocks and order the evacuation of thousands of area residents and workers. Residents and workers were allowed to return to the affected neighborhood six days later after the city and the crane owner slowly managed to tether the crane to the building.

Crane Collapse in New York City Causes Legal Fallout
The drama over Halloween week last fall in Gotham impacted far more people for a much longer period than the Friday incident in San Francisco, and it has since triggered legal action. The first of several cases of litigation involved two dentists whose dental practice was in the same block as the ill-fated construction crane and who have sued the crane’s owner for allegedly causing them to lose one week’s worth of business due to the crane mishap.
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Code Violations at West Sacramento Apartment Complex Leave Residents Seeking Temporary Housing

September 12, 2013 | Gregory J. Brod

Our Sacramento tenants’ rights law firm believes everyone is entitled to a home that is safe and livable. We think it is unfortunate when it takes an order from housing code enforcement officials or, worse yet, an order from a judge to make a landlord provide a safe dwelling. A story affecting some local renters reminds us, however, that sometimes it takes action to get results and get owners to fix an unsafe apartment.

Apartments Shut-Down While Rotting Balconies Are Repaired

Officials in West Sacramento have, according to a Sacramento Bee report, intervened to force the owner of an apartment building to comply with building code requirements. City code enforcement officials told over a dozen residents at Hunter’s Point Apartments, an 80-unit complex located at 900 Todhunter Avenue, that they would need to stay elsewhere while work was performed on the balconies of certain upstairs units. Dry rot has eaten away support beams, leading officials to condemn a number of the structures and flag others needing attention. Charline Hamilton, the community development director for West Sacramento, said the damage may mean all ten balconies need to be replaced. Fifteen residents are temporarily living in unaffected units or at a nearby motel. Officials have called the balconies a top code enforcement priority.

California Wrongful Death Attorney on the Rising Rate of Motorcycle Fatalities

September 12, 2013 | Gregory J. Brod

When we talk with families who have lost a loved one in a motorcycle accident, we often hear about how much the victim loved to ride. Some of the family members share the passion, many dedicating future rides to their lost relative. Others say they always worried about their loved one when he or she went out for a ride. As a San Francisco motorcycle fatality law firm, we’ve seen firsthand the rise in motorcycle deaths and we are dedicated to helping families recover vital compensation when a rider is killed in a crash because of someone else’s negligence.

California Motorcycle Rider Dies Following Accident in Idaho

An Idaho news channel, KVTB, recently reported on the death of a motorcycle rider from Walker, California, a city approximately 150 miles east of Sacramento. Warren Park, age 57, swerved off the roadway while operating a motorcycle on Interstate 84 near Hazelton, Idaho last Friday. According to a police press release, Park was hospitalized but succumbed to his injuries early Sunday morning. His passenger, Bonnie Trimble, age 56 of Reno, Nevada, was also hospitalized. Police did not comment further on her condition. Both Trimble and Park were wearing helmets at the time of the accident.