California Injury Attorney Blog

Earlier this week, a San Francisco Muni bus driver was charged with misdemeanor vehicular manslaughter under California Penal Code section 192(c)(2) for an accident that occurred last August. A criminal charge in a case like this is somewhat unusual. The charge of misdemeanor vehicular manslaughter carries a jail term of up to one year.

What happened last August in a Castro district intersection is tragic. The bus, which was not carrying passengers at the time, was traveling to a new assignment when it made a left turn and struck a female pedestrian who was nearly to the curb. According to a report in SFGate, the driver was relatively new to Muni and was, in the District Attorneys' view, negligent in not seeing the young woman in the street. The deceased pedestrian was new to the city, she had moved here from Atlanta and was working for a local business.

Neither alcohol nor drugs were involved in the tragic accident. Sadly, it is believed that the pedestrian was distracted and did not see or hear the bus. In addition, the bus was not on a normal route, as the bus driver had determined his own route across town to get to his new assignment.

Whether there was a failure of communication between the driver and the central communications personnel as to the best way for him to get to where he needed to be to relieve a congested route, is not clear. This might become more clear as this matter goes forward in the courts.

Only one other pedestrian was killed last year by a Muni vehicle. According to reports, in the previous five years, there were an average of four to five pedestrian deaths involving Muni vehicles. In 2009, there was only one death.

When tragic events occur in our lives, often we need the support of experts who can help traverse legal and medical issues. The San Francisco injury law firm of Hersh & Hersh has helped families coping with serious accidents and wrongful death for four decades. If you have a situation that you would like to talk with us about, please contact our law offices for a free consultation with one of our lawyers about your legal rights.

As consumer and injury lawyers, we have been at the forefront of protecting consumers, including children and infants. Just before the Christmas holiday, a number of national retailers joined Wal-Mart Stores, Inc. in removing a specific batch of Enfamil Newborn formula from shelves and distribution centers.

The reason? A newborn baby in Missouri died after consuming the formula from lot number ZP1K7G which was purchased by the baby's parents at their local Wal-Mart in Lebanon, Missouri.

The infant contracted and died from what medical professionals have determined to be a rare bacterial infection. The manufacturer of the formula Mead Johnson Nutrition Co., is reported to have tested the formula prior to shipment, but no bacteria was found. Additional tests are being performed by the manufacturer which has not recalled the product.

Now several other companies have determined that this particular lot of Enfamil Newborn should be removed from their store shelves as a precaution. Walgreen Co. and Supervalu Inc. are among the stores that have decided to take this step. These retailers operate such well known retail stores as Shaw's in New England, Shop 'n Save in St. Louis and Acme in New Jersey and Philadelphia.

Like other families that we have represented, we can only imagine the horrific sorrow that the parents of the infant are experiencing now and our hearts go out to them. The physicians involved in this medical tragedy have determined that the baby passed away from a bacterial infection that is called Cronobacter sakazakii. This bacteria is known to found in such plants as wheat and rice. It also can live in dried milks and powdered formulas which many consumers might assume would not harbor a potentially deadly bacteria.

Various federal agencies are now involved in investigating the situation. Specifically, the Food and Drug Administration, the Centers for Disease Control, as well as the Missouri Department of Health are trying to determine what happened in this case. They have various testing protocols now underway using not only the specific formula given to the infant by his mourning parents, but other related formulas, such as those sold as a liquid as well as the powdered version. Although there is no suspected relationship, another infant became ill after consuming powdered formulas, but that baby recovered.

California's preeminent consumer rights law firm, Hersh & Hersh has led the way in infant and child safety. We were involved in the largest crib recall in the nation's history and other critically important protections for children and infants. Please contact our office for a free consultation with one of our experienced lawyers, for any situation involving defective products and devices, medical implants, such as transvaginal mesh, infant safety, motor vehicle accidents and other consumer or injury matters.

This morning we posted on the contaminated turkey that, since March 2011, has sickened over 75 individuals and caused the death of one person in what the Centers for Disease Control (CDC) had identified as a drug-resistant strain of salmonella related to consuming ground turkey.

The Department of Agriculture has reported today that Cargill Company has now recalled 35 million pounds of the turkey. Prior to the recall, U.S. Department of Agriculture's Food Safety and Inspection Service had previously advised consumers to fully cook foods for greater safety. The specific recommendations made in the food safety warning include:

First, be sure to wash hands for at least 20 seconds using warm, soapy water. Also clean kitchen utensils with hot soapy water to avoid contamination.

Second, make sure the raw meats / poultries are kept separately from other foods. Do not mix cutting boards for raw meats with other foods.

Third, make sure to cook raw meat / poultry to proper internal temperatures prior to consuming them. Use a food thermometer that indicates appropriate temperatures for these items.

Fourth, make sure to refrigerate raw meat and poultry within two hours after purchase or within one hour when the outside temperature is 90F degrees or above. And also refrigerate cooked meats no more than two hours after cooking them.

The particular strain of salmonella that has been causing illness and death is identified as Salmonella Heidelberg, which has proven to be difficult to treat due to its resistance to antibiotics. The outbreak has been reported in 26 states, including California, Michigan, Ohio, Texas, Illinois and Pennsylvania. Specific California areas in which the outbreak has been reported include, San Francisco, Los Angeles, San Diego and Riverside counties.

Prior to the recall, the federal government had not identified the manufacturer of the tainted poultry. All they had revealed was that the turkey had been purchased in four retailers and that two manufacturers were involved. The authorities, which include local, state and federal public health officials, were said to be using the strain's DNA to attempt to determine the contamination's source.

As most consumers know, salmonella impacts children and the elderly more severely and causes such symptoms as fever and diarrhea. Those with compromised immune systems are also vulnerable to salmonella poisoning.

The San Francisco law firm of Hersh & Hersh specializes in injury cases that involve protection of the public. We are committed the safety of all consumer products.

If you have been injured in an accident, by a medical device or drug, or by any product you have purchased, we are here to assist you with your legal evaluation. Please contact our office for a free consultation with one of our experienced trial lawyers who will discuss your situation with you.

The Centers for Disease Control recently published a list of the states with the highest cost of fatal motor vehicle crashes. California has the dubious distinction of being first on the list -- and as lawyers who represent those impacted by serious accident, we know full well the costs to victims of these tragedies as well as to their families.

The total estimated cost of these accidents in $41 billion -- and half this cost is from only ten states. California's $4.16 billion in costs for medical and work losses exceeds all other states. We are followed by Texas, Florida, Georgia and Pennsylvania.

The findings were based on data from 2005 -- the most recent available. The reason for the high costs is not explained in the findings, but it is clear that the costs of fatal crashes is very significant and in the opinion of the CDC, preventable. The CDC has issued some safety recommendations along with the findings.

The CDC noted that nearly $856 million in costs were associated with crash deaths of children and teens. Recommending compliance with child safety laws and graduated licensing laws as a way to lower fatalities for children and teens, the CDC is urging states to "strengthen and enforce these laws ... to protect young lives."

Four recommendations were made overall to bring the medical and work loss costs down: 1) primary seat belt laws are in place, but need to be enforced because they are proven to lower the risk of death; 2) child passenger safety is critical to the safety of young passengers; 3) graduated licensing for teens has also been shown to lower risks by 40% the risk of teen car crashes for drivers who are 16 years of age; and 4) the use of motorcycle helmets and laws requiring them, have a major impact of saving lives reducing deaths by one-third and the risk of brain injury by nearly 70 percent.

As California personal injury lawyers, Hersh & Hersh has represented the families of victims of fatal car crashes on behalf of their deceased loved ones. If your family has suffered such a tragedy, please contact our offices for a free consultation with one of our experienced trial lawyers. We are here to help you and your family.

As California consumer and injury lawyers, we have seen the tragic consequences of serious accidents of all kinds. Among the most likely to cause catastrophic injury, are those that occur when cars and people or bicyclists collide.

Recently, a Ventura County driver hit and ran after striking and killing a bicyclist -- he was arrested in his driveway. Two other bicyclists were hit but not killed by this driver.

We are all aware that pedestrian accidents and injuries can happen at any time and tragically, can result in serious injury and even death. We sometimes forget how vulnerable we are when simply walking across a street or riding a bicycle on a country lane. But pedestrians and cyclists cannot protect themselves from a driver under the influence who is not obeying the rules of the road.

That is what happened last week in San Francisco when a pedestrian was killed in a hit and run at Masonic Avenue at Turk Boulevard. The 61-year old pedestrian died at the scene and had been crossing at the intersection when a suspected drunk driver struck him while on what ended up as a hit and run rampage.

The driver of the car also hit several cars after striking the pedestrian and finally slammed into planters at the St. Mary's Medical Center on Stanyan Street.
The driver was injured and taken to the hospital. He was also arrested and will likely be charged with vehicular manslaughter.

Tragically, the Masonic and Turk intersection has been the scene of a fatal hit and run. Last year a German tourist was killed at that intersection as he rode a bicycle.
Masonic Avenue is under study for redesigns to make it safer.

The executive director of the pedestrian advocate group Walk San Francisco was quoted as saying that Masonic Avenue is under a redesign process that should lead to safety measures. Sadly the changes have not yet been made and another life has been lost.

Hersh & Hersh can help victims of bicycle and pedestrian accidents. Please contact our offices for a free consultation with one of our lawyers.

The Los Angeles Times reports that several important steps are being taken to protect pedestrians as they browse the Santa Monica Farmers Market. The system of protections will include signs, barricades and nets that are able to stop vehicles.

The planning for all of this started several years ago. It was prompted after 10 people were tragically killed as an elderly driver went off the road and crashed into pedestrians at the Farmer's Market. Santa Monica and additional defendants paid $21 million in damages for the loss of life and other injuries. As injury lawyers, we know the shock and sorrow that families experience in tragic accidents.

The nets are reported to be relatively safe for those in the car or other vehicle, but are capable of stopping even a very heavy vehicle. They are similar to tennis court nets, and are strung with cables on the top and the bottom of the net.

As can happen with elderly drivers, the man who was driving at the time of the tragic loss of life, hit the accelerator thinking it was the brake. He was sentenced to five years probation after his conviction in 2007 of ten counts of vehicular manslaughter with gross negligence.

After the elderly driver car accident, various entities concluded that not only were the signs inadequate, but there was no hard barrier system to keep traffic out of the market.
Other cities have used the nets to keep traffic out of areas such as construction zones.

Continue reading "Protecting Pedestrians Against Injury" »

Last November, a Los Altos woman who was riding a bicycle in Portola Valley was struck and tragically killed when a truck hit her as she was traveling on property maintained by San Mateo County. The woman's family has filed a wrongful death action against the driver of the truck and the company that employed him. But the driver and his employer are seeking to make sure that the County pays for any judgment against them that might be awarded to the woman's family.

The defendants in the wrongful death case claim that the accident occurred due to a dangerous condition on public property. But it appears for now that the claim for indemnity could be rejected by the County, as they say the California Highway Patrol determined in their accident investigation that the truck driver made an unsafe turn and that the accident was not the result of any dangerous conditions. There were no eyewitnesses to the crash which occurred near an onramp to I-280.

On the other hand, the defendants in the wrongful death case say that the road is dangerous and poorly designed. And although a new investigation is still pending, there are some possible changes underway for the area in which the accident occurred. The County has met with the Silicon Valley Bicycle Coalition and has applied for grants to make changes to the area where the tragedy occurred.

As California injury lawyers, the attorneys of the California Injury Attorney Blog support all efforts to make roads safer for both bicyclists and motor vehicles. If we are to share the road, we must ensure the safety of all who travel, regardless of whether they are driving a truck, motorcycle, car or riding a bicycle.

We want to remind all readers to slow down, look carefully, and follow the law: do not use devices that can distract you from driving safely.

Hersh and Hersh has represented many clients dealing with injuries sustained in bicycle accidents, as well as motor vehicle accidents of all kinds. If you or a loved one have been injured in an accident, please contact us for a free consultation.

The Sacramento Bee reported recently that an effort is underway in California to pass a consumer-related bill that would protect consumers from renting or buying a car from a rental car company that is subject to a federal safety recall.

California Assembly Bill 753 is supported by the mother of a young woman and her sister who were both killed in a tragic crash in Monterey County in 2005.

Carol Houck's daughters were killed in a head-on collision on Highway 101 when they were driving a rented Chrysler PT Cruiser that had been subject to a safety recall. Ms. Houck has been dedicated to getting legislation passed to protect drivers from what happened to her children.

The bill's author is Democratic Assemblyman Bill Monning of Carmel who is pushing for the legislation to ensure that all rental car companies are required to protect consumers from recalled cars that have not been repaired. Some companies have voluntarily decided to do this, but that is not enough according to Monning and Ms. Houck who is also involved with Consumers for Auto Reliability and Safety (CARS), which is pushing for the bill's passage.

The deceased sisters' family was awarded $15 million in a wrongful death case filed against the rental car company and its holding company that rented them the recalled vehicle. The vehicle in which the young women were killed, had been rented repeatedly, despite the federal recall for a potentially dangerous leak in the steering wheel hosing which was never repaired. The rental car company eventually admitted negligence.

Some rental car companies have changed their policies regarding recalled cars, but others say the legislation should be narrowed to include only recalled cars for major safety issues.

What is the National Highway Safety Commission's position on this issue? "All safety recalls resulting from defects present an unreasonable risk to safety." The California Injury Attorney Blog agrees.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We support legislative efforts that protect consumers and we have a long and stellar history of creating those protections for victims of injury.

If you have any questions about our representation of victims and their families in personal injury and auto accident cases, contact our California office to speak directly with one of our attorneys.

The New York Times and other news services reported last month on a major turn-around for parents and caregivers of young children with regard to car safety. The California Injury Attorney Blog often focuses on child safety and accident avoidance and wants to ensure that all parents and others are aware of the new recommendations that pediatricians have recently issued for infants and toddlers.

The new recommendation is that children should ride in rear-facing car seats until the age of two -- twice as long as was previously recommended. The prior recommendation was that infants could move to front-facing car seats at one year or 20 pounds.

The journal Pediatrics published the safety recommendation which is supported by research that found kids under the age of two years are 75% less like to die or suffer serious injury when they are seated facing the rear. Parents and caregivers can consult the safety chart on the healthykids.org site for specific information and guidelines.

The evidence is in - when infants and toddlers sit rear-facing, head, neck and spine injuries are less likely and/ or severe - especially when the impact is from the front of the vehicle. This is because sitting facing the rear, the force of impact is spread throughout the body.

When forward-facing seats are used correctly they also provide good protection. But unfortunately, many car seats are installed or used incorrectly which diminishes the protection.

Many forward-facing car seats are convertible and can be safely turned to the rear. Contact your manufacturer to determine whether that is the case with your child's car seat. But once your child has been facing forward, reversing that might not be so easy. We highly recommend that parents and caregivers take this safety measure to protect their little ones.

The California injury attorneys of Hersh & Hersh take pride in their preeminent work in child safety and infant protection. We have been at the forefront of some of the largest crib and bassinette recalls in United States history and have represented children and their families from around the nation in tragic matters such as wrongful death, as well as serious accident and injury cases. Please contact our law firm to talk with one of our compassionate lawyers, dedicated to the health and well-being of infants and children.

Over a decade ago, the National Transportation Safety Board made recommendations for bus safety, but the Transportation Department did not implement them and Congress did not act either. Now that bus crashes have taken the lives of many from skiers to college baseball players to slot machine seekers -- Congress is interested in safety legislation.

California bus accidents and deaths have taken a toll as well. In 2009, five people were killed and 38 injured in a tour bus accident involving mainly French nationals. In July 2010, a Greyhound bus traveling from Sacramento to LA ended up crashing with sixth deaths. These are only examples of what is becoming a common tragedy.

In fact, so many people have been killed or seriously injured in California and across the nation when a bus accident does occur, it is impossible to continue to ignore the safety issues. One basic recommendation has been around for a long time, installation of seatbelts in buses. Another recommendation includes the use of recorders that track how long a bus driver has been driving. Another still another calls for stronger roofs, windows that can be opened and more advanced glass windows that are less likely to injure passengers in an accident.

One chilling statistic is hard to ignore. Deaths occur in bus or motor coach accidents due to rollovers and most of those deaths happen because passengers are ejected.
The safety board plans to hold hearings soon on the implementation of the recommendations made so many deaths ago.

Although Transportation Secretary Ray LaHood has a plan to implement the recommendations, only one has been put in place. No texting by bus or truck drivers while driving. Apparently, the Secretary is working with police in over ten states with what the AP called "surprise bus inspections."

New driver testing standards are also in the works, as are ways to avoid testing fraud. Drivers apparently also have a lot to do with bus crashes. In fact, the NTSB says that 60 percent of deadly bus crashes relate to issues with drivers.

Although the current administration is reported to have greater enforcement than the prior one, there is much more to do to stop bus accidents and deaths. It would cost nearly $90,000 to implement new safety standards in new buses. But many believe that consumers would be willing to pay more to ride a bus they know is safer.

California injury and consumer law firm, Hersh & Hersh has represented those injured in bus and other motor vehicle accidents for decades. As a highly-respected injury and consumer firm, the lawyers of Hersh & Hersh have a dedication to clients and their families that is unsurpassed. Please contact our offices for a free consultation with one of our experienced injury trial lawyers.

The California Injury Attorney Blog is pleased to provide readers with information about the new crib rule that has been issued by the federal government.

Our affiliated consumer law firm, San Francisco's Hersh & Hersh, has been at the center of the cases involving infant deaths due to defective and unsafe cribs. Our work was instrumental in securing major recalls concerning infant safety and we were involved in the largest recall of cribs and bassinettes in American history.

Many Americans have been asking the CSPC questions regarding the new rules. According to the federal government, most questions have concerned the drip side, but the new standard impacts more than the drop side and includes: the crib's mattress support, slats, and hardware.

The new standards require all of these to be more durable. In addition, crib manufacturers must test their cribs and have a higher burden to prove to the government that they have complied through rigorous testing. The new standards go into effect on June 28, 2011.

Childcare centers and public accommodations must comply by December 28, 2012.
It is very important for consumers to know that not only does the new standard involve new cribs it also involves resale of cribs. Both full-size and non full-size cribs are covered.

If you would like more information about crib safety please visit the Crib Information Center for the US Consumer Product Safety Commission. There you will find specific instructions on how to put your baby safely to sleep and what to look for in your baby's nursery and crib to ensure safety.

In the coming weeks we will provide more information about the new crib standard.

The lawyers of California's preeminent consumer law firm, Hersh & Hersh have compassionately represented the families of children and infants who have been injured or have died in a tragic incident. We have represented families of babies who have died in defective and dangerous cribs. Please contact our offices for a free consultation with one of our experienced attorneys regarding any questions you have if your child or infant has been injured.

Recently, a man drowned in southern California during a scuba-diving class off the coast near Catalina Island. According to Los Angeles authorities, the drowning victim was taking a beginning scuba course when he apparently became unconscious. The victim was rushed to the University of California Catalina Hyperbaric Chamber by a lifeguard boat, but the emergency medical treatment was not successful and he was pronounced dead there.

We currently do not know more facts about this incident. However, it is important to be reminded that when we go outdoors to do fun activities, we also need to be prepared for those activities. When taking a class or a tour, pay attention to the qualifications of those involved.

An example of recreational activity that turned harmful is a recent incident on a Segway tour in northern California. The California Injury Attorney Blog's affiliated San Francisco injury law firm recently settled a case of serious injury that took place during a Segway tour at a Bay Area recreational area.

In that case, a series of things occurred that caused serious injury. First, the injured woman was not properly trained on the Segway prior to the tour and her tour guide was not present when she was trained and was not aware of her level of comfort in operating the segway. Second, the tour operators failed to properly monitor the tour that the woman was on when she crashed and was very badly hurt. Third, the tour guide himself was inexperienced. He had even asked to be excused from guiding the very tour he was guiding at the time the woman was injured, but his manager required him to go out anyway. He did not want to supervise another tour because he had led a tour earlier that day in which a participant was injured.

The woman suffered a severe leg injury when she was unable to stop her Segway and fell over it. She has had two surgeries and now has difficulty with mobility and cannot do things she used to enjoy doing.

In the case of the scuba diver's death we do not know whether the scuba instructor involved in the Catalina Island case was experienced or why the man died doing an activity that many would enjoy learning and is done safely every day. The authorities are not releasing more information.

Before you decide to enjoy a new activity or go on a tour, make sure you feel comfortable with the instructors or guides. If you do not believe you have had enough instruction, or if you do not know the credentials of your instructor or the tour operator, go elsewhere or do a different activity.

If you are hurt or injured get help from experts who can ensure that you have the support you need to recover from your injuries. The San Francisco, California injury law firm of Hersh & Hersh has helped injured victims of catastrophic injury for decades and offers free confidential consultations with an attorney. Contact our law firm to talk with one of our experienced injury attorneys.