Northern California Personal Injury Blog

Increase in Toy Related Injuries Concerns Experienced California Injury Lawyers

By Kelly Balamuth on December 16, 2014

Despite heroic attempts by federal and state governments to improve children’s toy safety and increased awareness by parents and caregivers of the risks certain toys pose, the number of children injured by defective toys or in toy-related accidents continues to climb, according to a study published recently in Clinical Pediatrics.

Experienced California personal injury lawyers view the new numbers with concern.  Researchers found that between 1990 and 2011, toy-related injuries jumped from just over 120,000 per year to over 195,000 by 2011.  The injury rate also increased.  In 1990, 18.9 children per 10,000 visited an emergency room for treatment of a toy-related injury.  By 2011, 25.6 children per 10,000 needed emergency care for harm caused by a toy. Read the rest »

Kelly E. Balamuth Selected to SuperLawyers For 6th Consecutive Year

By Kelly Balamuth on December 10, 2014

Balamuth Law founder Kelly E. Balamuth was named one of Thomson Reuters’ “SuperLawyers” for the sixth consecutive year in 2014. 

Kelly Balamuth’s legal practice involves protecting the rights and needs of clients who are injured through the negligence of others in the Oakland, California area, including Alameda and Contra Costa Counties.  Through the years, she has helped clients pursue the compensation they deserve in cases ranging from car accidents, dog bite injuries, manufacturing defects, medical malpractice, defective toys and other consumer products, birth injuries, workplace injuries, and traumatic brain and other severe injuries. Read the rest »

Attorney Kelly Balamuth Presents Mediation at the Contra Costa County Bar Association Seminar

By Kelly Balamuth on December 8, 2014

Kelly Balamuth was pleased to sit in as part of a panel at the Contra Costa County Bar Association’s 2014 MCLE Spectacular on November 21, 2014 with Malcolm Sher, Matthew Talbot, and Denae Budde.  The two hour presentation was entitled Mediation is a Process, Not an Event and was made to a full room at the Walnut Creek Marriott. Read the rest »

Modesto Man Mauled by Pack of Pit Bulls Dies

By Kelly Balamuth on December 4, 2014

In California, a dog owner is liable if the animal bites a person.  This is true regardless of whether the dog has a history of biting.

On October 14, 2014, a man and woman were attacked by four pit bulls in the backyard of a Modesto home, according to CBS Local news.  The man was visiting his mother at her home when the dogs attacked.  He later died of his injuries.  The woman was hospitalized and in a critical condition, with bites on her arms, shoulder, head, and a broken leg. Read the rest »

Window Washer Survives 11-story Fall from Building in San Francisco’s Financial District

By Kelly Balamuth on November 21, 2014

A man who was washing windows suffered critical injuries after falling 11 stories from the top of the Sterling Bank and Trust building in San Francisco on November 21, 2014, according to NBC News.

Police Lt. Ed Del Carlo said that they worker was preparing to work when he fell off the apparatus and landed on a car. The roof of the car was smashed in and the rear windshield shattered, but the driver of the car was not hurt. Read the rest »

Multi-Vehicle Accident on Highway 880

By Kelly Balamuth on November 7, 2014

On September 15, 2014, nine people were injured when an SUV lost control and hit the center divider on Highway 880 near San Leandro, according to local NBC news.  A big rig loaded with concrete that was driving nearby could not stop in time when the accident occurred and hit the center divider as well, sending the concrete flying.

Over ten cars were involved in the domino effect that followed.  Many of the cars were badly crumpled and some caught on fire.  Three people were critically injured and one had to be air-lifted from the scene. Read the rest »

Determining Liability in a Bus Accident: Is it the Bus Driver’s Fault?

By Kelly Balamuth on November 6, 2014

A 60-year-old woman was recently killed when she was struck by a tourist bus in San Francisco. The incident took place at a mid-block crosswalk that did not have a traffic signal, according to SFGate.com.

Being hit by a bus is a fate that most people consider unlikely, but when it does happen, it’s the type of accident that reminds everyone that life can change in a split second.  Bus drivers have a duty to avoid running over people who are in the street legally. However, sometimes, bus accidents can happen through no fault of the driver. Read the rest »

California Highway Patrol Posts Rules for Legal Lane Splitting

By Kelly Balamuth on February 27, 2013

Have you ever been traveling in your car along a Northern California highway, when a motorcyclist shoots out ahead of you by cutting between you and the car in the adjacent lane? This practice is called lane splitting or white lining. Motorcycles drive between slower moving vehicles in adjacent lanes in order to pass them. The practice tends to startle and terrify car drivers.

You may be surprised to learn that this practice is legal in California. Yes, legal. California is the only state in the U.S. where lane splitting is legal. As reported in The Sacramento Bee, California Highway Patrol (CHP) officials have just posted a set of guidelines for lane splitting. This confirms the legality of the practice but at the same time makes the point that only in certain situations is it considered safe. The California Highway Patrol is hoping their guidelines will clarify the controversial practice.

According to California Highway Patrol Sgt. Mark Pope, the practice of lane splitting needed to be acknowledged, and guidelines needed to be issued explaining how to lane split safely. The guidelines state that a motorcyclist can legally ride between two adjacent cars, but their speed can be no more than ten miles per hour faster than the two vehicles they are maneuvering in between. Never should the maneuver be made at freeway speeds. The highest safe speed for white lining is 39 miles per hour.

Since there is nothing in the state vehicle code specifically prohibiting lane splitting, the California Highway Patrol have always viewed it as legal so long as it is done safely and at a slow speed. CHP officers issue citations for lane splitting only if the rider is traveling too fast or changing lanes unsafely.

If you or someone you love has been injured in a car crash caused by the negligence of another, contact Northern California car accident attorney Kelly Balamuth as soon as possible. She will listen to the details of your particular situation and evaluate your case. Call (888) 254-1234 for a free initial consultation.

BMW Recalls Another 569,000 Vehicles

By Kelly Balamuth on February 26, 2013

On February 16, 2013, BMW announced another recall of 569,000 vehicles in the U.S. An additional 65,000 vehicles are being recalled in Canada. Nearly one year ago in March, 2012, close to 1.3 million 5 and 6-Series BMW vehicles manufactured between 2003 and 2010 were recalled. The cars could have ignition failure due to an incorrectly mounted battery cable cover. There was also a potential fire hazard.

Latest Recall Summary

Reported by The Associated Press and published by forbes.com, the latest recall was prompted by a faulty battery connector cable that can fail, causing stalling of the engine. According to documents posted on the NHTSA website, a fuse box terminal and cable connectors can, over time, degrade. The heat and high flow of current may lead to a loss of power to the car when the connection is broken. Vehicles affected include the following:

• 2008-2012 I-Series convertibles and coupes
• 2007-20011 3-Series convertibles and coupes, 3-Series sedans and sport wagons
• 2009-2011 Z4 sports cars

Danger to BMW Occupants

Loss of electrical power may cause the car to suddenly stall without warning. Sudden stalling increases the chances of being involved in an accident.

What Owners Can Do

Owners of the affected cars will be notified of the recall beginning in March, 2013. They will be instructed to bring their cars in to the dealer where the battery cable connector will be replaced and the new one secured in a better way. The repair will cost the owners nothing.

Contact Information

Owners may contact BMW by calling (800) 525-7417.

How Our East Bay Personal Injury Attorneys Can Help You

At Balamuth Law we are passionate about representing everyday people who have been injured due to another’s negligence. Car manufacturers have a duty to owners of the cars they make. They should be free of defects that could lead to crashes and to serious injuries or death. If you have been injured due to a defective car, you may be eligible to receive compensation. Call (888) 254-1234 to learn more about how we can help.

Fire Danger Prompts Recall of Samsonite Travel Converter Kit

By Kelly Balamuth on February 19, 2013

We purchase products hoping that our investment will make our lives easier, more comfortable, or more convenient. Our travel plans often include buying products we know we will need when we are in a foreign country. We also want our loved ones to be able to travel safely without worry. One travel product that has attracted the attention of the Consumer Product Safety Commission (CPSC) recently is the Samsonite dual-wattage travel converter kit. A recall of the product was issued on February 12, 2013.

The Northern California personal injury attorneys at Balamuth Law want consumers to be aware of product recalls. They understand that not all products sold are free of defects and safe to use and encourage consumers to be aware of these products. Read the rest »