San Francisco accident lawyer

California Settlements Pursuant to the Fair Claims Act

March 21, 2016 | Gregory J. Brod

Settlements with insurance companies are controlled by several legal factors. These are: the terms of the particular insurance policy at issue, case law that controls in this area and California State Insurance Statutes. Generally, these laws detail what constitutes unfair treatment and set standards for how insurance carriers should treat claims and claimants.

Fair Claims Act Standards

California Code of Regulations Title 10, Chapter 5, Subchapter 7.5 Article1 section 2695 sets forth the standards for prompt, fair, and equitable settlements. According to the California Code it is unlawful for an insurer to discriminate in its claim settlement practices against a claimant’s age, race, income, religion, sexual orientation, ancestry, national origin, or physical disability.

Roadway Safety Reminders from Your Oakland Accident Attorney as Families Give Thanks that No One is Seriously Injured in Horrific Pile-Up

December 22, 2015 | Gregory J. Brod

With Christmas just days away, it seems like even more of a miracle that there was not a single serious injury from a terrifying multi-vehicle accident near the Bay Bridge late last week. We have no doubt that many area families feel they have already received the best possible gift – the well-being of their loved ones. As an Oakland accident law firm, we see the tragedy that can result from a car accident. In addition to helping accident victims, we believe in accident prevention. Today’s post looks at the recent Oakland story and provides advice for avoiding car accidents and keeping you, your loved ones, and those around you safe in the holiday season and all year long.

No Serious Injuries in Twelve Car Pile-Up Near Bay Bridge

According to ABC7, a twelve-vehicle crash occurred on I-880 near the approach to the Bay Bridge around 9:30 AM last Friday. Looking at the pictures on ABC’s website, including horrific images of a big-rig resting on a red pickup truck and a picture of the red pickup after the big rig was finally moved, it is hard to believe that the pile-up did not cause a single serious injury. The driver of that red pickup was trapped for a time and was checked out by doctors, but was back at home by Friday evening. Overall, only two drivers incurred minor injuries in the pile-up. Many of those involved shared stories that made the lack of serious injuries even more amazing, such as a father who originally planned to have his preschool-aged daughter in his vehicle but changed plans at the last minute, perhaps saving her life.

Driving Driverless Cars: Researchers Look for the Best Balance Between Humans and Technology

December 2, 2015 | Gregory J. Brod

It is a topic that can spark quite a bit of discussion around the watercooler at our San Francisco injury law firm – Are driverless cars the future of safe driving or a dangerous detour? We put our trust in computers every day and human error is certainly at the root of many car accidents, but can a computer ever respond the same way a driver can? What balance between human and computer would provide the safest solution?

Stanford Researchers Find Distraction May Be Key to Driver Readiness in Automated Vehicles

The San Francisco Chronicle recently reported on ongoing research into the safety of driverless cars at Stanford University. Specifically, researchers are looking at how automated vehicles can best alert drivers and hand off control when the software and/or sensors become overwhelmed. There are already cars on the market that can be programmed to stay in a lane or maintain a safe distance between vehicles, but there is still a need for a human driver at times and handing off control is a major issue. Automation, for all its many benefits, can lull people into a false sense of security. The Chronicle sums up this issue well: “One riddle automakers must solve: How to get owners to trust the technology so that they’ll use it — but not trust it so much that they’ll be lulled into a false security that makes them slow to react when the car needs them.”

Suing over Hot Coffee: What’s Really at Stake?

May 21, 2015 | Gregory J. Brod

Over the last few decades, the media has reported on a variety of lawsuits that it deems frivolous. These so-called frivolous lawsuits are often portrayed as being brought by plaintiffs who are just looking to make a quick buck. Few articles or news stories have gone into the details of these cases, but instead focus on the aspects that, at first, might make the lawsuit seem unfounded.

Recently, for a second time, a lawsuit over hot coffee has gained media attention. In both cases, plaintiffs filed suit based on burn injuries resulting from spills of the coffee. But are these cases really about simple coffee spills? Is there more at issue?

The McDonald’s Case: The Original Hot Coffee Case