Personal Injury | Northern California Personal Injury Blog - Part 2

San Francisco Bicycle Coalition Teaches Safe Cycling

By Kelly Balamuth on April 18, 2012

In the wake of several car-bicycle crashes that left bicyclists permanently injured or took their lives last year, the San Francisco Bicycle Coalition has increased its commitment to teaching people how to ride on the roads safely – and how to share the roads safely with bicyclists when driving a car.

After Portland and Seattle, San Francisco has the highest number of people who commute by bicycle of any city in the U.S., according to The Sacramento Bee. As of 2011, 75,000 trips in San Francisco each day were made by bicycle. All these bicyclists must face the particular challenges found in San Francisco, which include steep hills and drivers who sometimes express their frustration by honking, yelling, or making bad or hasty decisions that can cause an accident.

Although the city has added features for bicyclists and mounted a campaign to encourage motorists and bicyclists to share roads safely, the San Francisco Bicycle Coalition has noted that the results haven’t always kept pace with the growth of bicycling. Among other offerings, the Coalition offers a six-hour on-road bicycling class. Designed to follow a preliminary “ground class” that covers road rules, maintenance, and other issues, the on-road class teaches students how to bike safely, including when to use hand signals, how to anticipate the need to change gears on a hill, and more.

Bicycle accidents can cause serious injuries, especially when an unprotected bicyclist and a car collide. If you’ve been injured in a bicycle accident, call a knowledgeable San Francisco personal injury lawyer at Balamuth Law today at (888) 254-1234 for a free, confidential consultation.

What Are the Signs of Nursing Home Neglect?

By Kelly Balamuth on April 13, 2012

About 1.5 million Americans currently live in nursing homes or similar long-term care facilities, according to the U.S. Centers for Disease Control and Prevention. Too many of these facilities are under-staffed and under-funded, increasing the risk that any of these nursing home residents will suffer from neglect in some way.

Nursing home neglect involves the failure of caretakers to provide necessary services or assistance to an elderly resident. Some signs that your loved one may be suffering the effects of neglect include:

• Falls. Not all falls can be prevented, especially when an elderly person has little mobility, but repeated slip and fall accidents or falls that cause serious injury may be a sign of neglect. Restraints are not effective in preventing falls and should not be used in an attempt to prevent them.
• Bed sores. These form when some part of the body is in contact with a bed, wheelchair, or other surface for prolonged periods. Watch for open sores or red spots that don’t turn white when pressed, and alert staff immediately if a bed sore is forming.
• Malnutrition or poor hygiene. Signs that your loved one isn’t getting needed help with eating, drinking, or grooming, such as soiled clothes, tangled hair, or malnutrition, may also be signs.

At Balamuth Law, we believe that abuse or neglect of any person is unacceptable, and that those who cause it should be held responsible. If you or someone you care about has been injured by nursing home neglect or abuse, call our Oakland personal injury lawyers today at (888) 254-1234 to learn more about your legal rights and options. Your call is free and completely confidential.

Balamuth Law Opens New Offices

By Kelly Balamuth on March 13, 2012

Beginning this month, Balamuth Harrington will be opening three new offices in northern California to make it easier to serve our clients. We’re also changing our name to Balamuth Law, though our website address (www.balamuth.com) and our toll-free phone number (888-254-1234) will remain the same.

Balamuth Law is opening offices in Emeryville, Walnut Creek, and Moraga. Each provides a location for our dedicated personal injury attorneys to provide top-quality, compassionate representation to our clients, whom we hope will have an easier time reaching us due to our new locations. The risk of injury-causing accidents is present in every place humans live, work, or play. Our new locations will help us expand our ability to help injured people heal as well as seek compensation for their injuries.

Since the early 1990s, Balamuth Law has offered outstanding representation to each person and family we represent. We care about each of our clients, and we have the legal resources and practical experience in the specific areas of law needed to get results for those who have been injured in any kind of accident. Our attorneys specialize in accidents that cause serious injuries, such as permanent brain or spinal cord damage, as well as accidents that result in the wrongful death of a loved one.

Recently, we’ve helped clients receive settlements of over $1 million in medical malpractice, wrongful death, and auto accident injury claims. We’ve also helped clients receive substantial settlements in cases involving workplace accidents, slip and fall accidents, and defective products that caused injuries. While each case is different, Balamuth Law’s Emeryville personal injury attorneys are dedicated to seeking justice on behalf of each person we represent.

Change Clocks & Batteries Together To Avoid Accidents

By Kelly Balamuth on November 9, 2011

Last weekend marked the end of Daylight Savings Time. As clocks were turned back one hour on Sunday, November 6, Americans (except those in Arizona and Hawaii) gained an extra hour of slumber in the morning. However, there’s one safety issue you should not sleep on, according to the U.S. Consumer Product Safety Commission (CPSC). When setting clocks backward, take the opportunity to swap the batteries in both carbon monoxide and smoke alarms to prevent carbon monoxide poisoning and fire and burn injuries.

According to data from fire departments, from 2006 to 2008, around 386,000 household fires caused over 12,500 injuries, 2,400 fatalities, and $6.92 billion in property damages each year during that period. The CPSC estimates that approximately two thirds of fire fatalities happen in households without smoke alarms or ones with alarms that are not properly functioning. Smoke alarms should be placed on each level of a home, as well as outside and inside every bedroom.

Carbon monoxide alarms should also be put on every level of a house and inside and outside of all sleeping areas. Carbon monoxide is an invisible, lethal gas that has no smell. During 2005 to 2007, a medium of 184 accidental deaths from carbon monoxide poisoning occurred each year. Another important measure for guarding against the deadly gas is to have professional examinations performed each year on all fuel burning apparatus, such as fire places and furnaces. Residential heating systems were linked to almost 40 percent of carbon monoxide poisoning fatalities (the highest cause) in 2007. For convenience and space saving, consumers may opt to purchase combination units, with carbon monoxide and smoke alarms in the same model.

While the CPSC advises consumers to change the batteries on these devices at least once a year at this time, the agency also urges individuals to regularly test them on a monthly basis throughout the year. If you or a family member has been injured in a residential home fire or carbon monoxide accident that you believe to be the fault of another party, contact the Oakland personal injury attorneys with Balamuth Harrington at 1(888) 254-1234 for a complimentary and confidential consultation.

How to Prevent Halloween Accidents

By Kelly Balamuth on October 31, 2011

Halloween can be a scary time, not just because of all the frightening movies and outrageous costumes, but also because of vulnerability to hazardous accidents and personal injury. The U.S. Consumer Product Safety Commission (CPSC) attributes many of the dangerous incidents to negligence involving fires, the visibility of trick or treaters, and ill-fitting costumes. However, the agency claims that most of the annual Halloween accidents that result in injury can be prevented with awareness and safe practices. The CPSC highlighted a number of common causes of incidents and offered a checklist for avoiding danger.

Topping the list were fires, as the National Fire Protection Association (NFPA) estimates the holiday is one of the most active day for accidental residential fires each year. To minimize the possibility of danger, the CPSC strongly urges all families to use battery-powered illuminated devices instead of anything with an open flame. The group also urges parents and individuals to select costumes that are certified flame resistant, and to be especially cautious when constructing homemade ones.

If anything with an open flame is used, always keep it away from decorative items, drapes, or anything else that can catch fire. Also, make sure that there are no such items that may be accidentally kicked over on doorsteps, or brushed into by visitors, that can catch fire. Be sure any lights you hang are safe; inspect each set for busted bulbs, torn wires, or shoddy connections that may ignite. If you or a family member has been injured in an accident that you think was the result of another party’s negligence, contact the personal injury lawyers in Oakland with Balamuth Harrington at (888) 254-1234 for a free review of your case.

Slip and Fall Accidents Can Be Very Common in Oakland

By Kelly Balamuth on September 26, 2011

Slip and fall cases involve claims where an individual trips (or slips) and falls due to a property owner’s negligence. Slip and fall incidents can happen anywhere, but in bustling cities like Oakland they are especially common due to high pedestrian traffic and unpredictable property conditions.

Some causes of slip and fall accidents in Oakland in which the property or business owner may be liable include:

• Wet, slippery floors: Floors that are slippery for any reason should be clearly and adequately labeled to warn pedestrians and business patrons.
• Broken or cracked steps: Owners should repair any broken or cracked steps that may lead to falls.
• Bumpy or lopsided floors: These can easily trip pedestrians and business patrons if left unmarked or open.
• Workplace injuries: Employers and property owners must provide safe working environments that minimize dangers to their workers.

It’s important to realize that the property or business owner is not automatically liable in the case of a slip and fall. The victim will have to prove that someone’s negligence caused the dangerous condition and that he or she was not adequately warned of the dangerous condition.

Proper legal representation is especially crucial in these cases to ensure your rights are adequately guarded and, when appropriate, that remuneration is aggressively pursued and obtained. Have you been injured in a slip and fall accident in Oakland or somewhere else? The Northern California slip and fall attorneys with Balamuth Harrington are ready to assist you. Call 1-888-254-1234 to schedule a free review of your case today.

What Does “Personal Injury” Really Mean?

By Kelly Balamuth on September 14, 2011

In legal terminology, personal injury covers a broad spectrum of circumstances that involve trauma (to the mind, body, emotions, finances) caused by another individual or party’s negligent or reckless actions. Thousands of Oakland residents are injured every year in these types of cases.

In the event of a serious injury or a fatality resulting from a personal injury accident, the affected individual and his or her family may be eligible to pursue compensation for damages by bringing a claim. The injured person may be entitled to payment for medical bills, loss of income, emotional problems, and other detriment.

Typical sources of personal injury accidents that stem from negligence or reckless actions include:

• Accidents on the highway: involving cars, trucks, motorcycles and other vehicles.
• Slip and fall accidents: where a person slips and falls due to a business or property owner’s negligence in the care and maintenance of property.
• Accidents resulting from the use of defective or dangerous products: any product that is defective due to a manufacturing or design error and poses danger to the consumer.
• Accidents that occur in the workplace: these can involve hazardous machinery and apparatus or any accident that could have been prevented.
• And other personal injury sources: birth injury accidents or others involving medical malpractice, brain trauma and concussions, burn injuries due to fires, explosions, and chemicals.

Proper legal representation in personal injury cases is crucial to be certain your rights are represented effectively and compensation is pursued aggressively and to the full extent to which you are entitled. Proving these cases in court can be extremely complex, so if you or a family member has been injured in a personal injury accident in Northern California that you believe is the result of another party’s negligence, contact the Oakland personal injury attorneys with Balamuth Harrington at 1-888-254-1234 for a complimentary consultation now.

Cause of Deadly Oyster Point Boating Accident Still Unknown

By Kelly Balamuth on August 15, 2011

Brisbane Police are investigating the cause of a boating accident that occurred August 3 in the Pacific Ocean near San Francisco’s Oyster Point. The victim has been identified as a 30-year-old man.

The victim and his father were in their dinghy, reportedly anchored while fishing, when they were struck by a 46-foot powerboat, according to the U.S. Coast Guard. The impact flipped the small vessel and ejected both men into the water. The father was able to free himself from the upturned hull, while the son was stuck underneath. Both men were rescued and taken to San Francisco General Hospital, where the son was pronounced dead some time later. The father was listed in stable condition the day after the accident, according to the Coast Guard.

The power boat that allegedly struck the dinghy had been docked at the marina for the last few years, said the Brisbane Marina Headmaster following the accident, and the owner kept a prior boat at the location as well. Brisbane Police claimed that they did not find any alcohol or narcotics on the boat or its driver, who is a man from Santa Cruz, CA, but the investigation of the boating accident is ongoing.

Boating accidents injure and claim the lives of many citizens every year. Have you or a loved one been harmed in a boating accident that was the result of negligence? If so, you may be entitled to pursue damages. Call the Northern California accident lawyers at Balamuth Harrington at 1-888-254-1234 for a free case evaluation today.

Federal Prosecutors Investigate Fatal San Bruno Gas Pipeline Explosion

By Kelly Balamuth on May 6, 2011

On September 9, 2010, a gas pipeline maintained by Pacific Gas & Electric exploded in the San Bruno neighborhood of San Francisco. Eight people were killed by the blast, and several homes were destroyed or severely damaged. Now, federal prosecutors are investigating what went wrong and whether Pacific Gas & Electric should face criminal charges for its negligence, reports the Associated Press.

Investigators at the U.S. Attorney’s Office in San Francisco have asked Pacific Gas & Electric to turn over a broad group of documents, including maps, reports, and the company’s emergency protocols. The federal office has also contacted California state agencies that regulate pipelines, asking for information about the San Bruno compressed gas accident.

If the U.S. Attorney’s Office decides to press criminal charges against Pacific Gas & Electric, these charges will remain separate from the civil personal injury and wrongful death suits that the company already faces in the wake of the pipeline accident. Even if the U.S. Attorney’s Office decides that criminal charges are not appropriate, the people injured by the explosion and their families will still be allowed to seek compensation from Pacific Gas & Electric in court.

When a gas company fails to safely and properly install or maintain its gas pipelines, tragedy can result. If you or a loved one has been injured in a gas explosion or related accident, please don’t hesitate to contact the experienced Orinda accident attorneys at Balamuth Harrington. We will help you hold the negligent parties responsible for their actions in order for you to receive the compensation you need and deserve. For a free consultation, call Balamuth Harrington at 888-254-1234 today.

Golden Gate Bridge May Have New Speed Limits For Bicyclists

By Kelly Balamuth on April 26, 2011

The Golden Gate Bridge already has speed limits for motorists, but bicyclists are not required to watch how fast they travel on the bridge’s sidewalks. That may change, however. Bridge officials are considering setting a speed limit for bicyclists as a way to reduce the number of San Francisco bicycle accidents and injuries suffered on the bridge each year, reports The San Francisco Chronicle.

Currently, bicyclists travel the bridge at whatever speed they choose, and many exceed speeds of 20 miles per hour during their trip across the bridge. New speed limits for bicyclists, however, would restrict riders to 10 miles per hour or 5 miles per hour between the bridge’s two towers and in construction zones. Exceeding the speed limit could earn bicyclists a speeding ticket of $100. The California Highway Patrol (CHP) plans to enforce a bicycle speed limit by using LIDAR, a speed-measuring system similar to radar.

As more bicyclists and pedestrians use the Golden Gate Bridge, in recent years the number of bicycle accidents on the bridge has increased, concerning bridge officials. Although solo bicycle accidents are the most common, bicyclists also often crash head-on into each one another, and bicycle-pedestrian collisions also cause injuries.

Bicycling and walking are popular forms of exercise in the Bay Area, but care is necessary when biking or walking in a confined space so that no one suffers an injury. If you have been injured by another’s carelessness, please don’t hesitate to contact the experienced Northern California personal injury attorneys at Balamuth Harrington to learn more about your rights and options. Call 888-254-1234 to schedule a free and confidential consultation today.