Goodcases News by Ian Zimmerman

An Alameda car accident earlier this month that resulted in the injury of six teenagers provides a compelling example of the heightened danger of a car accident involving teenage drivers.  The crash occurred when the vehicle driven by a driver that was only 15 departed the roadway and slammed into a tree.  The car was transporting five teenage passengers with four being 15 and one being only 13.  While the cause of the serious Bay Area accident is still being investigated, the significant driver distraction created by transporting teen passengers was clearly present.  Law enforcement authorities are also evaluating whether drugs or alcohol played a role in causing the collision.

California’s graduated driver’s license program limits the right of inexperienced teen drivers to transport teen passengers that are not immediate family members.  The rationale behind this restriction is that the lack of experience involving teen drivers makes them more prone to errors in perception or decision-making because they are distracted by conversations or activity with other teens in the vehicle.  The higher risk involved with inexperienced teen drivers is also the rationale behind other types of restrictions imposed on teenage driver, including limits on nighttime driving and the zero tolerance law for teen drivers in California who have consumed alcohol prior to driving.

The Bay Area car accident earlier this month confirms recent study results indicating the value of restrictions on passengers transported by teen drivers.  The study found that the risk of an inexperienced teenage driver being involved in a fatal car accident increases significantly when transporting teenage passengers.  The results of the research also revealed that the degree of risk rises in direct correlation to the increase in the number of teen passengers.

Parents are well advised to carefully monitor their kids in terms of keeping them out of vehicles driven by teenage drivers.  While teenagers often complain about the restrictions imposed on their initial driving privileges, the value of keeping the number of distractions and risk factors to a minimum when new drivers are learning can save lives and prevent serious bodily injury.

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If you are injured in a San Francisco auto accident, our experienced San Francisco auto accident lawyers at Zimmerman Law may be able to help.  We invite you to contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.

While trucking accidents are frequently caused by negligent truck drivers attempting to increase revenue that are encouraged by commercial carriers to cut corners and push the limits of safety, sometimes big-rigs are unsafe even when a San Francisco truck driver operates the vehicle properly.  There are many tractor-trailer accidents caused by big-rigs that are not properly maintained or that are defective.

When a San Francisco big-rig accident is caused by a vehicle defect in a component or system of the tractor-trailer, a Bay Area trucking accident victim may be able to pursue a trucking accident claim based on product liability law.  A product liability claim in the context of a San Francisco big-rig collision may be based on strict liability, negligence or breach of warranty.

Potential product defects that cause a San Francisco big-rig accident may include such defects as the following:

• Defective braking systems that prevent the big-rig from stopping
• Faulty fuel systems that contribute to fire or explosion
• Steering malfunctions that contribute to the loss of control of the vehicle
• Improper and inadequate under-ride protection guards
• Faulty manufactured tires that contribute to vehicle blowouts
• Failed hoses and seals

While the manufacturer of a big-rig equipped with faulty equipment may be liable for a San Francisco trucking accident caused by a product defect, commercial carriers are also required by regulations under California and federal law to properly inspect a tractor-trailer.  A commercial carrier has a legal obligation to perform proper maintenance so that unsafe big-rigs do not expose the public to the dangers of massive vehicles with defects that make them even more dangerous.

If you are involved in a San Francisco big-rig accident, the enormous size and weight of the big-rig may result in severe injury, including bone crush injuries, spinal cord injuries causing paralysis, traumatic brain injuries (TBIs) resulting in loss of cognitive functioning and even wrongful death.  The danger of suffering these sorts of catastrophic injuries in a Bay Area big-rig collision is significant because the big-rig may outweigh a passenger vehicle by more than twenty times.

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If you are injured in a San Francisco big-rig accident, our experienced San Francisco big-rig accident lawyers at Zimmerman Law may be able to help.  We invite you to contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.

Most collisions in San Francisco involving cars, trucks and SUVs are the result of drivers who are negligent.  This negligence may take the form of violating traffic safety laws, driver inattention or otherwise unsafe driving conduct.  However, there are other motor vehicle collisions in the Bay Area that are caused by defective vehicle maintenance or defective vehicle equipment.  Tire blowouts because of inadequate tire maintenance or defective tires may cause many serious San Francisco car accidents.  We have provided an overview of some basic tire maintenance issues below that may cause a serious San Francisco auto accident:

Placement of New Tires: Many people think that when two new tires are purchased that they should go on the front of the vehicle.  The safest placement, if you are only able to purchase two new tires at a time, is to have them installed on the rear of the vehicle.  It is the rear tires on a car that provide vehicle stability, which is essential for safe braking and maneuvering.  If the new tires are placed in the rear the back end of the vehicle is likely to skid when the brakes are applied and spin around causing a car accident, especially on a slick roadway.

Reliance on Vehicle Tire Pressure Monitoring: Although a fair number of new motor vehicles come equipped with a Tire Pressure Monitoring System (TPMS), these systems are not an accurate indicator of whether your tire pressure is safe.  These systems do not alert a driver until the tire pressure is 25 percent below the tire pressure recommended by the manufacturer of the vehicle.  These are last resort systems designed to warn a driver of an imminent risk of a tire blowout.  Tire pressure should be independently monitored because under-inflated tires can result in improper tire wear and adversely impact the handling of the vehicle.

Under-Inflation and Over-Inflation of Tires: When tires are under-inflated, the pressure exerted on the sidewalls is increased, which causes the tires to become overheated particularly at high rates of speed and hot temperatures.  Tires that are over-inflated may increase the risk of damage to a tire from an impact with curbs or potholes.

Tire Defects: When tires are not manufactured properly, the adhesive bond between the tire tread and steel belts may fail.  The process of bonding the tread must be done properly or the tread may separate from the steel belts particularly at higher rates of speed or high temperatures.

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If you are injured in a San Francisco auto accident, our experienced San Francisco accident attorneys at Zimmerman Law may be able to help.  If you or someone you love has been injured or a loved one has died in a San Francisco auto collision, you should contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.

We are halfway through the summer and many Bay Area families are planning their vacation or preparing to embark on a vacation destination.  Many travelers will need to rent a car to driver to their destination or once they arrive by airplane.  There are many options that rental car agencies, such as Enterprise, Hertz, National, Avis, Budget, Alamo and others offer customers, including things like vehicle make and model or insurance options.  An option that you likely will not be offered nor realize that you should consider is the choice of a vehicle subject to recall as opposed to a safe vehicle.

Most consumers that rent a car do not realize that there is no requirement that rental car agencies fix vehicle product defects before renting a vehicle.  Although a new vehicle may not be sold if it is under recall until appropriate repairs have been made, there is no such requirement for vehicles that are being rented to consumers.  This means that consumers can and do rent vehicles that have been recalled because of product defects.  Federal legislation is now being proposed called the Safe Rental Car Act of 2012 that is intended to remedy this dangerous situation.

The legislation is not based on a hypothetical danger but rather a specific tragic incident that resulted in an avoidable fatal car crash.  The legislative proposal is the response to a fatal car accident in which two young women died in a collision involving an Enterprise rental car subject to recall.  The fatal collision that was the impetus for the legislation occurred when a PT Cruiser rented from Enterprise burst into flames after a defective fuel system began leaking fuel.  Shortly after the rental car with the fuel leak ignited, it collided with a tractor-trailer.  Enterprise admitted fault and agreed to pay $15 million to the two sisters injured in the collision following a lengthy legal battle.

The new legislation was proposed after several members of Congress were unable to get the four largest rental car companies to voluntarily enter into a pledge not to rent cars subject to recall until the repairs are made.  When a motor vehicle has product defects in fuel systems, steering, tires, braking system and other components, driving the vehicle can be extremely dangerous.  Vehicle recalls pertain directly to unsafe features or parts of a motor vehicle.  Legislation to compel the repair of product defects before re-renting a vehicle would seem appropriate if rental car companies are not prepared to act voluntarily to protect consumers.  Of the four largest car rental agencies, Hertz agreed to sign the pledge while the three other largest rental car agencies—Avis, Enterprise and Dollar Thrifty, refused to do so.

The proposed legislation, which is being sponsored by Barbara Boxer and NY Representative Charles Shumer, requires that rental car agencies take vehicles out of service until any recalls have been addressed with appropriate remedial measures.  If you or someone you love is involved in a collision while driving a rental car that may have been caused by a vehicle defect, our experienced San Francisco defective vehicle attorneys provide legal representation to those involved in collisions caused by defective vehicles.

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If you are injured in a San Francisco auto accident, our experienced San Francisco accident lawyers at Zimmerman Law may be able to help.  We invite you to contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.

While there is extensive attention focused on the impact of alcohol impaired drivers on the lives of innocent victims, the dangers posed by driving while under the influence of illegal narcotics is less common.  A tragic fatal accident caused by an Oakland man serves as a sad reminder of the devastating impact on families caused by drivers impaired by methamphetamine.  Court documents in the drugged driver’s criminal case include statements by police that the cause of the collision was impairment of methamphetamine.

According to media reports, the driver allegedly impaired by methamphetamine veered into oncoming traffic and collided with the other driver.  The other driver was pronounced dead at the scene of the accident.  This type of fatal drug related car accident is tragic because it could be avoided if those who choose to use narcotics simply abstained from driving after taking illicit drugs.  This accident has devastated the family of the victim who suffered wrongful death, and the driver now faces vehicular manslaughter charges and other criminal charges.

Although this fatal accident involved illegal narcotics, the liability of a driver for causing an accident while impaired by drugs is not limited to illegal drugs.  If a driver causes a car accident that results in injury or wrongful death to others, the driver may be liable for the injuries or loss of a loved one if the driver was impaired by prescription drugs, controlled substances and even over-the-counter medications.  Generally, a driver who causes an accident cannot avoid liability based on the position that the drug was being taken subject to a lawful prescription.  Most drugs that make drivers drowsy or that otherwise impair driving ability come with warnings not to operate heavy machinery.  If a driver disregards these warning, the driver may be liable for disregarding the warnings that it was unsafe to drive while taking the medication.

Drivers that take certain over-the-counter (OTC) medication may also be liable if the medication impairs the driving ability of the driver and contributes to a collision.  All drivers are expected to be familiar with the side effects of medications that they take before climbing behind the wheel.  Even drivers taking OTCs must read the packaging and heed warnings about drowsiness or other adverse impacts of the medicines.

Contact Us

If your are injured in a San Francisco auto accident, our experienced San Francisco auto accident lawyers at Zimmerman Law may be able to help.  If you or someone you love has been injured or a loved one has died in a San Francisco auto collision, you should contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.

Motorcycles have now become a popular part of trendy culture.  The warm weather and beauty of San Francisco and Northern California make motorcycles a perfect way to commute or just get away from the pressures of everyday life.  Despite the fact that motorcycles have become fashionable for those from all walks of life, including Hollywood actors/actresses, corporate executives, lawyers and many others who may not fit the historical stereotype of the outlaw biker, these outdated notions continue to affect many inconsiderate drivers.  The archaic concept of the renegade biker continues to motivate many drivers of passenger vehicles to take less care and show less courtesy to motorcyclists than to those in other types of vehicles.

The amount of consideration and concern shown by drivers of passenger vehicles to motorcyclists traveling the streets throughout San Francisco can be woefully inadequate.  Many passenger vehicle drivers fail to look for motorcycles before changing lanes, cut off motorcyclists, crowd them on the roadway or otherwise place motorcyclists at an increased risk of being injured in a Bay Area motorcycle accident.  The tendency of many drivers of passenger vehicles not to exercise reasonable caution to avoid putting motorcyclists at risk is evidenced by the fact that 66 percent of all motorcycle accidents are caused by the failure of drivers to observe a motorcyclist’s right of way.

Because the small size of motorcycles allows them to be navigated in areas where passenger vehicle drivers do not expect them, motorcyclists are extremely vulnerable to collisions caused by motorists who never even see the bike.  The lack of visibility of motorcycles means that passenger vehicle drivers frequently have less time to respond once they observe a motorcycle.

While the notion that most motorcyclists are members of biker gangs and similar inaccurate stereotypes are not based on fact, these stereotypes may mean that motorists in passenger vehicles may not exercise the same basic courtesy for those on bikes that they do for those transported in other motor vehicles.  Examples of the types of hazards that may be created by insensitive drivers of passenger vehicles include:

• Moving into the space in a lane occupied by a motorcyclist
• Not respecting the rights of motorcyclists to occupy the full width of a lane
• Following a motorcyclists so closely that the bike is rear-ended in a collision
• Turning into the path of a motorcyclist

Contact Us

If you are injured in a San Francisco motorcycle collision, our experienced San Francisco motorcycle accident lawyers at Zimmerman Law may be able to help.  If you or someone you love has been injured or a loved one has died in a San Francisco motorcycle accident, you should contact us as soon as possible because critical deadlines apply.  We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation.  We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits.  We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.