San Francisco Injury Lawyer Blog

Street Racing: A Growing Threat on California Roads

May 24, 2013 | Gregory J. Brod

For many, driving is simply a necessity, an in-between time at best and often a headache. For others, however, driving is a passion. These enthusiasts view a well-built engine as an object of beauty; there can never be enough power and speed. Most car lovers understand that power carries risk but some choose to engage in risky pursuits. Street racing is dangerous and a threat to both those involved as well as innocent bystanders. It is a growing problem and one that is of grave concern to our San Francisco accident law firm.

Street Racing in the Headlines

Recent headlines from across the country have provided a grim reminder of the dangers of street racing. On April 30, as detailed by KABC, a pair of crashes involving eight cars and one bicycle occurred in South Los Angeles. Reports suggest that two cars had been racing when both were involved in nearly simultaneous collisions. The fiery crash claimed the life of one man, Jose Cuevas, a driver who had not been involved in the racing itself.

A Glance Across the Aisle: The Criminal Side of Elder Abuse Law

May 22, 2013 | Gregory J. Brod

As we’ve often explained in these pages, the criminal and civil systems are separate and distinct. Our law firm focuses on the civil system, where individuals are able to bring claims against others for legal wrongs. In contrast, the criminal system focuses on claims brought by government representatives for violating statutory laws. One of our practice areas is elder law, a specialty area involving representing victims of elder abuse in Northern California courts in suits against their abusers, typically seeking monetary damages as compensation for the wrongs. In today’s blog discussion, we wanted to provide a brief glimpse at the other side of the elder law system, criminal elder abuse claims. In some cases, our clients are interested in the criminal side because the government is pursuing its own criminal elder abuse claim at the same time as we represent them in a civil matter (although this is not a requirement and a civil claim may exist even absent a criminal prosecution). In other cases, the criminal system is useful as a reference for understanding legal standards, even though they are not directly applicable in civil court.

California’s Criminal Elder Abuse Law

Criminal elder abuse cases in California are prosecuted as violations of Penal Code 368. The statute provides that it is a felony when someone: 1) Knows or should know that the person is elderly or dependent, 2) Under circumstances likely to lead to death or grave bodily harm; 3) Willfully causes or allows another to cause the person to suffer injury, unjustifiable physical pain or mental suffering. Misdemeanor level elder abuse is similar except for prong (2), with the lesser offense triggered by circumstances likely to endanger the victim’s life or health but that do not threaten death or great bodily harm. Other portions of the statute focus more directly on financial abuse, creating a special crime when financial abuse threatens an elderly or dependent individual. Either willful or “criminally negligent” behavior can trigger a violation, with the latter involving a substantial deviation from ordinary care. For these crimes, “elderly” means someone aged 65 or older. A “dependent adult” is defined as someone between the ages of 18 and 64 whose physical or mental limitations restrict the ability to perform normal functions and protect his or her own rights.

Train Accidents: From Large-Scale Investigations to Individual Victims

May 20, 2013 | Gregory J. Brod

For some, the thought of train travel conjures up memories of a simpler time and a bygone era of gentlemen in smoking jackets and women in hats. For others, trains remain a part of everyday life and the hustle and bustle of a subway or commuter line. While the latter group might be familiar with disabled trains and resulting delays, both groups likely think of train travel as a safer option than highway or air transportation. Still, as recent national headlines remind our San Francisco train law firm, train accidents remain a reality. These accidents are investigated at the national level, a big process, but they are also impact very real individuals, a specific level and the level at which our office works regardless of whether we have one client or a class of many similarly injured people.

Two Passenger Trains Collide in New York Area, Injuring More than Seventy

Along with news outlets across the country, The San Francisco Chronicle is reporting on the collision of two commuter trains on Friday that left about seventy people in the hospital. The crash involved trains on the Metro-North Railroad in the northern New York City suburbs. At about 6:10 P.M., a train travelling east from Grand Central Station in New York City to New Haven derailed near Bridgeport, Connecticut. A second train, travelling west, collided with the first, derailing some of its own cars. At least two hospitals, St. Vincent Medical Center and Bridgeport Hospital, treated people injured in the crash. Most of the injuries were not serious, but at least three patients arrived in critical condition. Both the train cars and the track suffered extensive damage and delays were expected to last through the weekend.

Spoliation: An Evidentiary Rule and a Commitment to Truth

May 17, 2013 | Gregory J. Brod

Trials are about resolving disputes and uncovering the truth. While the law of evidence does not sound like the most exciting part of court life, the rules of evidence allow the system to function. Understanding these rules, including the concept of spoliation, is crucial to our work as a Sacramento injury law firm, a truth made evident by a recent ruling in a case involving the death of a young child.

Federal Court Cites Evidentiary Principles in Finding Park Service Negligent in Child’s Death

As reported in the San Francisco Chronicle, a federal judge issued a ruling on Tuesday that penalizes government officials for destroying evidence and finds the National Park Service negligent in the death of a boy from Red Bluff. In July 2009, the Botell family was visiting Lassen Volcanic National Park and paused for a photo with 9 year-old Tommy and 13 year-old Katrina seated on a concrete trailside wall. The wall gave way beneath the siblings, crushing Tommy’s skull and leaving Katrina with a fractured jaw and head injuries. Tommy died as a result of the injuries.

Understanding Senior Care & Preventing Elder Abuse

May 15, 2013 | Gregory J. Brod

As your San Francisco nursing home abuse law firm, we understand that aging individuals and their families often face many tough decisions. It is difficult to come to the conclusion that your loved one can no longer live alone, especially when the loved one has long been the caretaker and suddenly finds him or herself in need of care. When facing this reality, it is important to be aware of the different levels of residential senior care available. In general, there are three primary categories of senior living options available:

Independent livingfacilities can be a great option when a senior simply needs a little bit of added security. In these locations, the residents take care of the majority of their own daily needs. Offerings vary, but these facilities can provide a living community and may include assistance with cleaning, cooking, or home maintenance.

Assisted living is an intermediate level of care that falls between that offered in independent living and nursing home facilities. Residents generally live in their own housing unit, but they receive more assistance with daily living tasks such as bathing and meal preparation. Assisted living facilities may also monitor ongoing health issues, oversee medications, and provide transportation to and from medical appointments. Some assisted living communities monitor residents with memory issues and those in earlier stages of Alzheimer’s.

San Francisco Injury Lawyer on the Danger of Construction Zone Accidents

May 13, 2013 | Gregory J. Brod

The wording of most temporary street signs fade from our memories almost as soon as we pass by, but a friend of the Brod Firm reports a sign, posted by a construction zone, that stuck in her memory for decades: “Temporary Inconvenience for Permanent Improvement.” Most of the time construction zones are simply that, a source of headaches in the short term that hopefully lead to some form of long-term improvement. However, when drivers fail to take needed precautions, the nuisance of roadwork can become much more dangerous and lead to a potentially fatal accident. Our San Francisco construction zone accident attorney can help victims of these all-too-common accidents but also knows that prevention is always the best option.

Statistics on Construction Zone Accidents

Construction zones can be dangerous for both workers and the motorists who pass through road construction areas. According to statistics presented by the Federal Highway Administration (“FHWA”), there were a total of 87,606 work zone crashes in 2010, with 30% of these crashes involving some form of injury. There were 514 fatal work zone motor vehicle crashes in 2010, causing a total of 576 deaths. This translated into one vehicle-related work zone fatality every 15 hours. A 2008 study found that speeding was a factor in 31% of fatal work zone accidents, alcohol a factor in 20%, and lack of seatbelt use played a role in 53% of work zone vehicle fatalities. In the same study, 41% of the fatal incidents were rear-end collisions (compared to only 16% of all fatal accidents). A Center for Disease Control report notes that the highest number of fatal work zone accidents for 2009 occurred in Texas, Florida, and California.

Underreporting of Cellphone Use While Driving

May 13, 2013 | Gregory J. Brod

In this day and age, technology is pervasive. From devices that help with housework, to access to email and internet wherever you are, technology has been a benefit and has changed changed our everyday lives. It has certainly made information more available and convenient. However, technology also has its pitfalls. The use of smartphones have skyrocketed in the past several years and this has come with an increased problem of distracted driving. It has been such a big problem and contributing factor to accidents that many states have passed laws banning texting or talking on cell phones while driving. Unfortunately, the passage of these laws have not been enough to address this growing problem.

It wouldn’t take too long or too much work in order to find articles of tragic fatalities involving auto collisions and distracted drivers due to cell phone use or even statistics about these types of accidents. Often, the stories tell of how phone conversations are cut off or of phones found indicating a text was being written. The statistics on the frequency of these accidents have been growing, but, it is widely believed that these statistics are seriously underreported. Groups like the National Safety Council and the National Highway Traffic Safety Administration (NHTSA) believe that due to underreporting, the problem of distracted driving is a much bigger problem that numbers would tell and thus makes it more difficult to pass tougher laws. The main procedure to collect data on cell phone usage contributing to an accident is through reporting by a driver, passenger, or witness, concerning use during a crash. Police are usually required to get a subpoena in order to obtain cellphone records and thus a reluctance to admit behavior or lack of witnesses makes it difficult to obtain full information.

The problem of distracted driving is especially pervasive for new young drivers. For drivers who have just recently received their licenses and have little driving experience, the use of cell phones especially impair the main functions necessary to drive safely, including manual, visual and cognitive functions. To answer a call or send a text, drivers must remove one or both hands from the steering wheel, remove their eyes from the road, and can be mentally distracted, thus compromising awareness of the road and focus on driving. The NHTSA reports that the age group with the greatest proportion of distracted drivers is the under 20 age group, with 16% of all under-20 drivers in fatal crashes were reported to have been distracted. According to Pew survey, 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger.

California Tenant’s Law Firm on the Importance of a Written Lease

May 10, 2013 | Gregory J. Brod

One of the primary reasons for the rule of law and the presence of courts is to help resolve disputes without resort to violence and physical intimidation. Landlord/tenant disputes are among the most heated conflicts that courts and lawyers see, not surprising since they involve the home, a place that ideally provides people with a sanctuary from the world. Our San Francisco, Oakland, and Sacramento tenant’s lawyer helps ensure that the right to this feeling of sanctuary and home does not depend on whether one owns or rents. We help ensure tenants are granted the rights guaranteed by the law and the terms of their individual lease.

Authorities Believe Arson Suspect Motivated by Lease Dispute

A recent headline in the San Francisco Chronicle provided insight into what can happen when a dispute between a landlord and tenant escalates to an extreme. On Monday, fire engulfed a two-story, single-family home in Delmar, Maryland, a town of just over 3,000 residents on the Delaware border. It took approximately 70 firefighters an hour to bring the fire under control and damage estimates are in the $40,000 range. The Office of the State Fire Marshal and the local police have arrested Andy Modeste, age 42, on charges of arson and attempted murder. Authorities believe that Modeste, the property’s owner, set the fire in a crawl space while tenant Eduardo Machado and his family were asleep in the home. The family escaped uninjured. Fire marshal officials have suggested that a lease dispute may have been a key motive in the fire.

Cause of Limo Fire Still Unknown as Calls for Regulation Increase

May 9, 2013 | Gregory J. Brod

Much of the nation has undoubtedly heard of the limousine fire that took the lives of 5 individuals, injuring the remaining 4 others who were also passengers on this past Sunday. Just yesterday, our Brod Firm Injury Blog wrote on the basics of the incident, providing a brief narrative of the incident. Authorities continue to investigate what may have caused the accident and if there was any fault or negligence on the part of the driver, or limousine company.

The incident occurred on the San Mateo Bridge as the party of nine, were making their way to a hotel in Foster City. The driver, Orville Brown of Limo Stop Inc. of San Jose, recalls the passengers tapping on the partition separating him from the passengers. There seems to have been miscommunication however, as Brown mistook what his passengers were saying through the partition window and over loud music that was playing in the vehicle. Urgent knocking finally alerted him to a problem before he pulled over and got out of the car. Several women were able to escape through the partition window and it seems the fire prevented escape through the rear doors.

Cause of Fire

Limo Fire Tragedy and California Common Carrier Law

May 8, 2013 | Gregory J. Brod

It’s a recommendation we’ve made and one you see in almost any discussion about drunk driving prevention – Call a cab. In addition to traditional taxi companies, limousine services can be a great option for a night of group celebration. Sadly, despite planning ahead for a night out, a group of friends faced a terrible tragedy in a Northern California limousine fire. This case has caught the attention of the nation and the hearts of our San Francisco limo accident law firm.

Limousine Fire Claims Five Lives, Driver and Three Passengers Escape

It was supposed to be a night of fun, with recent bride Neriza Fojas and eight of her fellow nurses hitting the town to celebrate her recent nuptials. According to the San Francisco Chronicle, the women were heading to a hotel in Foster City in a limousine rented from Limo Stop. As the car travelled across the San Mateo-Hayward Bridge, smoke and fire began to fill the passenger compartment. The surviving women and the driver tell somewhat different stories, but it appears the women knocked on the partition to get the driver’s attention to report the fire and because they could not get the two rear doors to open. Three of the women were able to crawl through a small window in the partition and exit the limo. Five of the women, including the recent bride, did not make it out and died in the fire.