San Francisco Injury Lawyer Blog

Northern California Elder Abuse Lawyer Examines the Factors that Lead to Elder Abuse

May 6, 2013 | Gregory J. Brod

We frequently use this space to discuss issues related to nursing home mistreatment and other forms of elder abuse. Our Northern California elder abuse law firm believes that talking about these issues will help to bring the problem out of the shadows. Increasing awareness can help prevent future cases and can protect the victims, in part by encouraging people to report suspected cases of elder abuse. The latter goal includes helping victims themselves to speak up; a goal expressed in the title of a San Bernardino campaign “It’s Not Your Fault,” a moniker that recognizes that shame and embarrassment keep victims from speaking up.

American Psychological Association on Factors Leading to Elder Abuse in the Home

In a report titled “Elder Abuse and Neglect: In Search of Solutions,” the American Psychological Association (“APA”) notes that most elder abuse cases occur in the home and at the hands of other household members or paid caregivers. While extreme cases sometimes make the headlines, most cases of elder abuse are more subtle and the distinction between strained relationships and abuse can be harder discern. Focusing on such cases, the APA asks an important question: Why does elder abuse occur? Of course, the answer is complex and case-specific, but the group focuses on three primary factors:

Why 21? Exploring the Drinking Age and Its Impact on Drunk Driving Crashes

May 3, 2013 | Gregory J. Brod

People often turn a bit of a blind eye to underage drinking, accepting it as a typical part of teenage life. This is unfortunate because, as we know all too well as an Oakland drunk driving injury law firm, underage drinking can have serious consequences. In this post, we wanted to focus on the reasons for the drinking age and applaud an initiative by one Bay Area community to enforce underage drinking laws.

History and Statistics Support the Minimum Drinking Age

Almost every teenager has asked the question at least once, and many parents and educators have struggled to provide an answer beyond “it’s the law” – Why 21, why not 18 (or 16, or no restriction)? Mothers Against Drunk Driving takes a look at the age restriction in a series of articles on their website. Perhaps surprisingly, historically most states set their drinking age at 21. There was a movement to change this in the late 1960s and early 1970s, when 29 states lowered their drinking age to mirror the newly-reduced voting and military enlistment ages. MADD’s research reveals that this was followed almost immediately by a significant increase in the number of drunk driving accidents and fatalities in those states and in border-regions, referred to as “blood borders” because of a high accident rate that developed as teens crossed state lines to drink and crashed on their return trips. These results led 16 of the 29 states to return to a minimum drinking age of 21 by 1983. Federal efforts followed and legislation enacted in 1984 led all states to sign on to the age 21 rule by 1988.

Motorcycle Safety Research: Reviewing the 1981 Hurt Report and Calling for Updated Research

May 1, 2013 | Gregory J. Brod

The news was mixed — The Sacramento Bee reported that 2012 saw an increase in the number of motorcycle deaths nationwide, but a decline in the number of motorcycle fatalities in California. The Governors Highway Safety Association estimates that the country saw more than 5,000 motorcycle deaths last year, an increase of 9% from the prior year. Study authors suggest warmer weather led to a longer motorcycle season and rising gas prices led people to choose two wheels over four. California was one of only a handful of states that saw a drop in motorcycle deaths, perhaps due to an aggressive safety campaign focused on making drivers more aware of motorcycles. Our Northern California motorcycle accident law firm believes these statistics, both the overall rise in deaths and the difference between the trend in California and the trend nationwide, demand up-to-date research into the causes of motorcycle accidents.

The Hurt Report & Its Findings on the Causes and Characteristics of Motorcycle Accidents

Surprisingly, the most comprehensive, detailed report analyzing motorcycle accidents and their causes is more than thirty years old. In 1981, the National Highway Traffic Safety Administration released the results of a study led by Harry Hurt, titled Motorcycle Accident Cause Factors and Identification of Countermeasures. The ground-breaking investigation into motorcycle accidents included an in-depth analysis of 900 accidents in the Los Angeles area plus the examination of 3,600 additional crash reports. The Hurt report is still cited as the most important study to date on motorcycle safety, although some say that changes in ridership and the way motorcycles are built leave the report showing its age.

Financial Elder Abuse: A Case Study Involving a Fake Sweepstakes and Scammers Posing as Government Officials

April 29, 2013 | Gregory J. Brod

We’ve written a lot about financial elder abuse in recent weeks, from the abuse allegedly perpetrated by Judge Seeman (a case particularly disheartening to those of us in the legal field who rely on the honor and wisdom of judges) to a general overview of common abuse schemes. It may seem like we are talking too much about this issue, but the sad truth is that the world is not talking enough about elder abuse in all its forms. Our Northern California elder abuse law firm understands that elder abuse is a general problem that occurs in specific instances, involving distinct individuals and unique circumstances. One such case is the complex scheme to defraud an elderly woman that has finally resulted in a jail sentence for one of the perpetrators, a sentence that comes only after the woman was scammed out of $45,000. The case stands out for the fraud’s two-part format: an initial scheme followed by a continued fraud involving scammers posing as investigatory officials.

Woman Sentenced in Complex Financial Fraud Scheme Targeting Elderly Woman

Last week, as reported by Mercury News, a California court sentenced 43 year-old Jacqueline Dove of Santa Clara to nine months in jail for her role in defrauding an elderly woman out of much of her life savings. The sentence follows Dove’s guilty plea to the felony-level charge of theft by false pretense. She was also ordered to pay back the $45,000 that had been taken from the victim.

“Stranger Liability” For Insurance Providers

April 27, 2013 | Gregory J. Brod

Our San Francisco insurance attorneys noticed a recent interesting case for California insurance law. The case, Hull & Co. v. Superior Court, involves “stranger liability,” in other words whether a victim can sue the insurance broker who provided insurance to a business establishment, even though that victim has no direct contract with the insurance broker.

The background of the case is as follows: Jason Gonzaga was shot at a Dave & Busters bar in Southern California. Mr. Gonzaga sued the bar and also their security company, claiming that they failed to prevent the shooting incident. He settled that case, but then filed another case against the security company’s insurance provider, Burlington, claiming that they had denied the security company’s claim in bad faith under the assault and battery exclusion. At trial, the judge awarded summary judgment for the insurance company, deciding that the assault and battery exclusion was enforceable. Mr. Gonzaga then sued the wholesale insurance broker, Hull & Co., asserting that Hull had a duty of care to the security company to ensure that the insurance coverage provided for such lawsuits against the company. The trial court allowed this case to move forward.

In March, the Los Angeles Superior Court awarded summary judgment to Burlington and dismissed Mr. Gonzaga’s claim against Hull with prejudice. Mr. Gonzaga appealed to the California Supreme Court, but that appeal was denied.

Judge in Elder Abuse Case Finally Resigns

April 27, 2013 | Gregory J. Brod

As the awareness of elder abuse grows, it is very fortunate that the amount of cases being reported have grown as well. Elder abuse comes in many forms and is perpetrated by many different types of individuals. It can include emotional, physical or financial abuse by friends, family members, or strangers alike.

Elder Abuse Legal Prosecution

In the past several decades, legal provisions have made it easier to report cases of elder abuse and pursue prosecution of those who commit it. In the early 1980’s, the California Penal Code 368 was enacted, which allowed for the prosecution of those abusing dependent adults. In this case, an “elder” was any person of age 65 years or older. The punishment for theft or embezzlement of elders could include fines, jail time, or both. In 1991, the Elder Abuse and Dependent Adult Civil Protection Act provided elders with a way to sue in civil court for financial abuse. More recently, the Financial Elder Abuse Reporting Acts of 2005 requires employees of financial institutions, including credit unions and banks, to report any suspected financial abuse to their local adult protective services or law enforcement agency.

Dramatic Scene as Car Crashes Into Home, Leaving Woman in Critical Condition

April 26, 2013 | Gregory J. Brod

Speeding and reckless driving, behaviors most of us see every day. However, they are behaviors that our Oakland accident law firm knows lead to crashes, collisions that cause serious injuries and even death. In 2010, according to the California Highway Patrol’s Statewide Integrated Traffic Records System, 2,739 people were killed and 229,345 injured in California motor vehicle crashes. All too often, people think that accidents won’t happen to them. We have no doubt that the two drivers who were involved in a serious accident that left one car buried in a San Jose home didn’t head out on Wednesday thinking it would happen to them.

Police Suspect Speeding Led to Horrific San Jose Crash

At the time of The Oakland Tribune’s report, a lot remained unclear about the accident that shattered a quiet neighborhood at 4 P.M. on Wednesday. Police suspect that a pair of BMWs were speeding before the crash and are investigating whether the drivers may have been racing as they travelled southbound on Leigh Avenue near Anne Way. Officials believe that both drivers lost control of their vehicles, causing a red sedan to spin out and a silver vehicle to plow into a Leigh Avenue home.

California Legislature Considers Two Proposals to Expand Provisional Licensure System for Teen Drivers

April 24, 2013 | Gregory J. Brod

According to the Center for Disease Control, drivers between 16 and 19 years old are three times more likely to be involved in a fatal crash than driver over age 20. This is a risk we are all too familiar with as a Sacramento accident law firm. We represent those who have lost loved ones or who have been injured in car accidents, including those caused by teen drivers. We are also following attempts in the state legislature to protect teens themselves as well as all Californians who share the road with young and inexperienced drivers.

Current and Proposed Provisional License Rules

As reported in The Sacramento Bee, state lawmakers in California are working on proposals that they hope would reduce the number of accidents involving teen drivers. Currently, drivers under age 18 are required to take a driver’s education class, complete 50 hours of supervised training behind the wheel, and undergo a one year provisional licensure period when they cannot drive after 11 P.M. and cannot transport passengers under age 20. On Monday, the Assembly Transportation Committee approved two bills that would expand these restrictions. Assembly Bill 724, proposed by Assemblyman Cooley on Rancho Cordova, would require drivers who are first licensed at age 18 or 19 to undergo 30 hours of driver’s education, complete six hours of in-vehicle training, and then have a provisional license with the same time and occupancy restrictions that apply to newly-licensed 17 and 17 year olds. The provisional license would apply for one year or until the driver reaches age 20, whichever comes first. Assembly Bill 113, proposed by Assemblyman Frazier of Oakley, would make the existing provisional licensure for 16 and 17 year olds stricter, prohibiting driving after 10 P.M. (one hour earlier than the current rule) or with passengers under age 21 (one year older than the current rule). The restrictions would be lifted at age 18.

Iconic Cable Cars of San Francisco

April 23, 2013 | Gregory J. Brod

The cable car system of San Francisco is an iconic part of San Francisco history. So much so that on this year’s San Francisco Giants World Series Championship ring, cable cars were part of one side of the ring’s design, and the rings themselves were brought out on cable cars at AT&T stadium. Songs praising and immortalizing the great city speak fondly of the cable cars that serve along the downtown area and a trip from tourists to the city would truly be incomplete without a ride up and down the San Francisco hills.

Cable Car History

The cable cars were first established in 1873. The success of the cable cars led to a cable car transit system that was used throughout the country. Over the past century, the cable cars as a means of transportation have been substituted with new, electric and bus lines that are less expensive and more efficient to operate. Now under the operation of the San Francisco Municipal Railway (MUNI), the cable cars mainly service tourists as commuters use the bus and metro MUNI lines instead. An estimated 7 million tourists ride the cable cars annually.

The National Council on Aging’s Top Ten Financial Elder Abuse Schemes

April 22, 2013 | Gregory J. Brod

After every tragedy we hear about fake charities taking advantage of people’s generosity (here’s one recent example, including tips on avoiding scam charities). In addition to preying on people’s desire to help following a tragedy, scammers also use fake charities to target seniors. Our San Francisco elder abuse law firm believes it is important to be aware of the common forms of financial abuse targeting seniors, in order to prevent future abuse and help victims recognize when a fraud has occurred.

According to the National Council on Aging (“NCOA”), financial scams targeting seniors are growing more prevalent and are becoming “the crime of the 21st century.” Perpetrators assume seniors have accumulated savings and the crimes are considered “low-risk” because they often go unreported (note: more than 90% of all elder abuses cases are perpetrated by family members). However, the scams can devastate victims who are often unable to recoup their losses.

The NCOA provides a “Top Ten” list of the most common financial scams targeting seniors: