Recent Blog Posts

New Bill Seeks To Address How Injury Victims Are Compensated

San Francisco Personal Injury Lawyer — Tue, 15 May 2012 15:59:00 GMT

A new bill making it through the Senate bill seeks to ensure that people injured due to the fault of third parties obtain the compensation they are entitled to. Senate Bill 1528, introduced in February and now in discussions before the Judiciary Committee provides that it is the intent of the legislature to establish a framework for determining the amount injured parties should recover, including potentially allowing injured parties to recover the entire cost of his or her medical bills, rather than what was negotiated as a final payment by an insurance company.

The bill is aimed at clarifying the recovery process for tort victims. Opponents claim that the bill "unfairly" seeks to modify last year's decision in Howell v. Hamilton Meats that limits an injured person's recovery to only that amount actually paid by an insurance company, not the "full amount" of a medical bill. In Howell, a woman was in a car accident with a driver from Hamilton Meats & Provisions.

Supporters counter that the Howell decision "created even more confusion" and "left more open questions than answered questions." The senate bill is intended to provide clarity for all stakeholders involved.

Hopefully, this bill will get the support it needs to end the confusion and controversy concerning the recovery of compensation for medical expenses as well as other damages incurred in personal injury lawsuits in the wake of Howell.

For more information about personal injury lawsuits, or if you or a loved one has suffered serious personal injuries in a San Francisco accident, contact the top San Francisco personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.

Varied Reactions To Recent San Francisco Pedestrian Deaths

San Francisco Personal Injury Lawyer — Tue, 08 May 2012 15:58:00 GMT

In the last several months, three separate fatal pedestrian accidents have occurred, and as reported in the San Francisco Examiner, these deaths have prompted a variety of different responses. As provided by the San Francisco District Attorney's Office, "each of the incidents included acts of negligence" but the public reactions have been significantly different.

If you have been seriously injured, or a family member has suffered a wrongful death it is important to contact an experienced San Francisco personal injury law firm to answer your personal injury questions and determine your next steps.

The first death occurred after Wallace Loggins, a muni bus driver, struck a pedestrian. A second occurred when bicyclist Chris Bucchere ran into a pedestrian in a cross walk. The third involved Gregg Wilcox who was in a car accident that killed a pedestrian.

The muni bus accident and bicycle accident have prompted a significant amount of indignation on the Internet and in the media while far fewer comments have been made about the car crash. A pedestrian advocate blames this on the "public's blasé reaction to motorists killing pedestrians." She continues, "these accidents are both preventable and tragic, and its time we started paying attention to them."

Statistics reveal that last year 17 pedestrians died in San Francisco pedestrian accidents, with 14 of them involving car crashes. 2 people were struck and hit by Muni vehicles and 1 involved a bike accident. While the recent bike accident has lead to a push to review bike safety policies and laws, no similar increase in motorist awareness has been made. Another commentator notes "There was massive internal self-policing from cyclists after the incident on Castro and Market…But with drivers, there is a long history of lack of accountability. There is no Walk SF or Bike Coalition for drivers."

Hopefully that with increased awareness of pedestrian fatalities, everyone will use greater caution on the roads.

For more information or if you or a loved one has been injured in a pedestrian accident, contact the top San Francisco personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.

Recent California Sailing Accidents Raise Significant Safety Concerns

San Francisco Personal Injury Lawyer — Tue, 01 May 2012 02:55:00 GMT

After a series of California boating accidents, many in the sailing community are concerned about safety surrounding yacht races.

This past weekend, three people were killed in a sailing accident off the coast of San Diego. Two weeks ago, five sailors were killed in the waters off of Northern California.

The first accident occurred after powerful waves sent a San Francisco yacht crashing into a rocky island. This weekend's incident is still under investigation, with the coroner ruling the three deaths as accidents but without identifying a cause. Some speculate that the boat may have collided with another vessel due to the extent of damage.

According to racing standards, the number of boating deaths is alarming. As stated by Gary Jobson, president of the U.S. Sailing Association said he was "horrified" by the latest accident. "We need to take a step back and take a deep breath with what we're doing. Something is going wrong here," he said.

After the San Francisco accident, the Coast Guard placed a temporary suspension on races outside San Francisco Bay. The Guard said the suspension would allow it and the offshore racing community to study to determine whether changes in races are needed to improve safety.

A survivor of the San Francisco crash has raised questions of safety, noting that the five crewmates who died might have been saved had they been wearing safety harnesses that tethered them to the boat.

While boating deaths are rare, boating accidents are much more common and can occur anywhere – whether you are a recreational boater or an experienced racer. The recent rash of accidents serves as an important reminder to make sure you have taken all necessary precautions to ensure your boat is properly equipped with safety equipment and that you understand the actions required of you by law if an accident occurs at sea.

For more information about boating safety or if you or a loved one has been in a boating accident, please contact the top San Francisco boat accident attorneys at Bostwick & Peterson for an immediate consultation.

San Bruno Motorcycle Accident Raises Questions Of Safety

San Francisco Personal Injury Lawyer — Tue, 24 Apr 2012 15:04:00 GMT

Palo Alto Daily News reports that a San Bruno man has been killed in a San Francisco motorcycle accident. According to reports, the man died early Saturday morning as he was approaching the transition to eastbound Interstate 80 when he collided with a catwalk on the eastern side of the freeway. He was thrown from his bike, and was pronounced dead at the scene.

Of all types of vehicle accidents, those involving motorcycles are often amongst the most severe. Whether a motorcycle is used for its low cost of personal transportation or as a recreational vehicle, they pose an incredible risk to the operator. A motorcyclist has very little protection as compared to a regular driver and is much more vulnerable to receiving life-threatening or catastrophic injuries as a result of an accident.

While the accident remains under investigation, it serves as a reminder regarding motorcycle safety and some tips to protect yourself in the case of an accident.

These tips include:

• Always wear a helmet and other protective clothing

• Follow the same traffic rules and regulation for other motorists

• Don't drink and drive

• Avoid distracted driving

• Make sure your motorcycle is in good operating condition

While following these safety tips may not protect you from all accidents, they may help lessen the severity of an injury should a collision or crash occur.

For more information about motorcycle safety or if you or a loved one has been in a motorcycle accident, contact the top San Francisco motorcycle accident lawyers at Bostwick & Peterson, LLP for an immediate consultation.

San Francisco Bicycle Accidents On The Rise

San Francisco Personal Injury Lawyer — Tue, 17 Apr 2012 15:28:00 GMT

As the recent spate of bicycle accidents demonstrates, the number of serious bicycle accidents is on the rise, leading to recent wrongful death and personal injury lawsuits. According to statistics, the number of bicyclists on San Franciso roads has increased by 71% since 2006, and crash data inidicates that the number of accidents has increased each year. Unfortunately, athough bicyclists have a serious disadvantage against cars and muni buses when accidents occur, many times jurors have preconceived biases against bicyclists. Furhter, recent pedestrian/bicyclist accidents have placed some riders in a bad light.

In order to help address bicycle safety and lessen the number of bicycle accidents, the San Francisco Bicycle Coalition has begun providing on-road bicycling classes.

The San Francisco bike classes teach cyclists how to ride safely considering "typical" city conditions such as traffic, car doors and busy intersection, but also how to deal with situations where drivers and pedestrians express their frustration with the growing nmber of bicycles on the road and on the sidewalk.

As explained by one of the instructors of the course "It's a sidewalk, not a sideride,"… adult cyclists should never ride on the sidewalk here, even when it seems like the best way to dodge motorists amid the city's gusty winds, slippery trolley rails and steep hills.

San Francisco ranks 3^rd for the number of cyclists on the road, behind Portland and Seattle, and although with the number of bikes safety is increasing, last year there were 531 car and bike collision. Further, a San Francisco grand jury report found that motorists and cyclists distrusted each others with motorist view cyclists as "arrogant" and "irresponsible." Cyclists described motorists as "selfish" and "an impediment."

Hopefully with the increase in awareness and the fact that bicycle riding is only becoming more popular, San Francisco motorists and cyclists will work together to reduce the number of accidents.

For more information or if you or a loved one has suffered a serious injury as the result of a bike accident, contact the dedicated San Francisco personal injury laywers at Bostwick & Peterson for an immediate consultation.

Teenage Driver Kills Father And Daughter In Concord Bike Accident

San Francisco Personal Injury Lawyer — Wed, 11 Apr 2012 01:58:00 GMT

In a horrific tragedy, a 17-year-old boy driving an SUV lost control of his vehicle, sped through an intersection and ran into a man and his two daughters while they were riding on the sidewalk. The man died at the scene, and one of his daughters died at the hospital. The other – a 12-year old – sustained only minor injuries.

According to reports, the boy has been charged with two felony counts of vehicular manslaughter. While the accident remains under investigation authorities suspect that the driver may have been texting while driving. If you or a loved one has suffered serious personal injuries, it is important to consult with an experienced San Francisco personal injury attorney to determine your rights and protect your interests.

While it hasn't been confirmed that texting played a role in this tragic accident, the incident serves as a good opportunity to remind San Francisco drivers to pay attention and avoid distracted driving at all costs.

Despite California laws forbidding texting while driving as well as significant public awareness campaigns targeting this dangerous practice, the fact remains that 60% or more of teens admit to texting while driving. Teens continue to text and drive even though an overwhelming number agree that it is likely they will get in an accident if the text and drive.

Whether texting will ultimately be found to have played a role in this accident is unknown. However, as San Francisco personal injury lawyers we have seen far too many instances of serious personal injuries and wrongful death occurring when drivers fail to abide by California law and continue dangerous cell phone usage.

For more information or if you or a loved one has suffered any serious personal injury, contact the dedicated San Francisco personal injury law firm of Bostwick & Peterson for a free, immediate consultation.

San Francisco Pedestrian Killed In Muni Bus Accident

San Francisco Personal Injury Lawyer — Thu, 29 Mar 2012 00:25:00 GMT

This past weekend a pedestrian was struck and killed in a San Francisco Muni bus accident. The accident occurred after a pedestrian stepped out into traffic from between two parked cars. According to witnesses, he was struck by a bus near Fillmore Street and became pinned under the bus. The identity of the victim has not been released, but he is described as a male in his 40s. As part of standard procedure the man has been placed on non-driving status.

This bus accident is one of several that have occurred over the few months, injuring pedestrians and bicyclists. If you have been injured in any type of personal injury accident in San Francisco, consulting with an experienced San Francisco accident attorney is critical to answer your injury questions and determine your next steps.

Whenever any accident occurs, including a wrongful death, it is important for a knowledgeable injury lawyer to investigate all of the possible factors that may have contributed to the incident. Where a pedestrian is injured, issues to consider include whether the individual had the right of way, was crossing within a crosswalk or followed all appropriate traffic signals. Further, where a bus, car or other motor vehicle is involved it is important to investigate whether the driver's conduct was careless or reckless, if the driver followed all rules of the road, whether the bus or car had any defects and whether the roadway design caused or contributed to the accident in any manner. Because California is a comparative negligence state, even if an individual is partly responsible for his or her injuries, he or she may still be able to recover compensation.

Here, all of the factors involved in causing the accident have not yet be determined.

For more information or if you or a loved one has suffered serious personal injuries please contact the top San Francisco accident lawyers at Bostwick & Peterson, LLP for an immediate, confidential consultation.

New Bus Accident App Seeks To Improve Bus Safety

San Francisco Personal Injury Lawyer — Wed, 21 Mar 2012 17:32:00 GMT

With the prevalence of bus riding on the increase, new discount bus lines have cropped up with many bus lines operating between San Francisco and Los Angeles. However, riding some of these discount bus lines can be dangerous. The National Transportation Safety Board estimates that the discount bus lines are 7 times more likely to be involved in bus accidents causing injuries than traditional bus lines.

In fact, last year one bus crash between two carriers ended in a fatality and several other individuals suffered serious personal injuries. In an effort to address consumer concerns about bus safety, the Federal Motor Carrier Safety Administration (FMCSA) has released its SaferBus application that allows bus riders to check the safety of the bus company prior to purchasing a ticket.

As stated in a press release, "SaferBus is FMCSA's first step at making our thorough safety data on commercial bus companies available through smartphone technology," "By placing a bus company's safety record in the palm of your hand, SaferBus encourages riders to think safety first, supports our agency's commitment to make bus travel as safe as possible, and provides good bus companies a way to highlight their positive safety records."

This app comes after a report released last October by the NTSB highlighted key safety issues, including high bus accident rates.

By allowing greater access to safety information through the app, hopefully bus companies themselves will focus on efforts to make their motorcarriers and drivers more aware of potential dangers and increase bus safety.

For more information about the bus accidents or any other type of motor vehicle accident, contact the dedicated San Francisco personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.

PG&E To Pay $70 Million

San Francisco Personal Injury Lawyer — Tue, 13 Mar 2012 16:52:00 GMT

Pacific Gas & Electric (PG&E) has agreed to pay $70million to the city of San Bruno following the deadly 2010 gas pipeline explosion. The natural gas accident killed four people, destroyed 37 homes and caused serious personal injuries for more than 50 San Bruno residents.

According to reports, the funds from the negligence lawsuit settlement will be distributed within 30 days.

Personal injury lawsuits based on negligence can arise from any accident that harms another. Generally, under California law negligence is defined as the failure to use reasonable care. Negligence is a 'legal cause' of damage if it directly produces or contributes substantially to producing such damage.

If you have been harmed as the result of another's negligent conduct, you may be able to recover compensation for your damages. If you have questions or believe you have been injured as the result of the wrongful or negligent conduct of another, consulting with an experienced San Francisco personal injury attorney is an important first step to protect your rights and begin an investigation.

Some times, more than one party's negligent actions cause or contribute to an accident. In these instances it is important to investigate all potential parties and causes.

While the PG&E explosion accident was significant, personal injury accidents and claims can arise from any situation involving harm such as a car accident, pedestrian accident or injury from using a dangerous product.

If you have suffered an injury due to the carelessness or recklessness of another, you may be entitled to compensation. Please contact the dedicated San Francisco personal injury lawyers at Bostwick & Peterson, LLP for a confidential consultation.

Poor Patients Less Likey To File Medical Malpractice Lawsuits

San Francisco Personal Injury Lawyer — Tue, 06 Mar 2012 19:48:00 GMT

A new study reveals that patients who suffer medical malpractice and classify themselves as "poor" are less likely to sue their doctor than patients who are wealthier. This finding contradicts what many physicians think who may have an "unconscious bias" against low -income patients. Researchers believe that this bias may lead some physicians to be less willing to care for poor patients or to provide different treatment to those with limited means.

Income should not be a factor in the care you receive, nor your ability to recover compensation if you have been harmed by medical negligence. If you believe you have suffered an injury as the result of a medical mistake it is important to consult with an experienced medical malpractice attorney.

The study conducted by a California physician analyzed the number of medical malpractice claims among low-income patients as compared to other groups. The study concluded that as the result of limited access to both legal and financial resources, low-income individuals harmed by preventable medical mistakes were less likely to file medical malpractice lawsuits.

However in many situations, law firms will file medical malpractice lawsuits on a contingency fee basis. This means that an injured party or a surviving family member where a wrongful death occurs, doesn't have to pay unless the lawsuit is successful.

The study also pointed out the difficulty low-income patients have in receiving care based on physician concerns that they might end up getting sued due to an completely unfounded belief that low-income patients are more litigious.

The purpose of the report was to "improve physician education and training for the delivery of culturally competent care, and empowering patients to play more meaningful roles in their health care decisions are proven strategies that can positively impact health disparities, the quality of medical care, physician satisfaction and the incidence of medical malpractice litigation."

For more information about medical malpractice or if you believe you or a loved one has suffered harm due to a physician error or hospital mistake, contact the top medical malpractice attorneys at Bostwick & Peterson for a confidential consultation.

Missed Breast Cancer Diagnosis Lawsuit Yields $15 Million Jury Verdict

San Francisco Personal Injury Lawyer — Wed, 22 Feb 2012 17:41:00 GMT

A New York jury has just awarded Stephanie Tesorio $15 million after determining that her doctor was negligent in failing to diagnose her breast cancer. In 2002, Tesorio discovered a lump in her breast and had a mammogram to determine whether it was cancer. Dr. Paul Fisher reviewed the mammogram but after determining no malignancy existed, failed to order more tests. He told Tesorio to return in a year. Over the course of the next several months the lump continued to grow. When Tesorio returned 16 months later the lump had increased to the size of a golf ball and a different doctor determined it was breast cancer. Tesorio then underwent a mastectomy, chemotherapy and radiation. Although the cancer went into remission for a time, it has now returned in her bones.

While we all worry about our health and serious issues such as heart disease or diabetes, there is no disease more frightening than cancer. The key to surviving cancer is early diagnosis and treatment. If a doctor fails to diagnose cancer, the consequences can be devastating. If either you or a member of your family has been diagnosed with cancer after it was initially missed by a doctor, you need to contact a seasoned San Francisco personal injury lawyer without delay. If cancer is diagnosed in a middle to later stage rather than an early stage, the costs of treatment and severity of the condition increase enormously.

While not all instances of delayed diagnoses are negligence, where a standard of care exists that is not followed, and as a result, treatment becomes more difficult and the harm cause more severe, a physician may be found liable for medical malpractice. Here after the initial mammogram was performed, the mass was not evaluated by sonogram, which is standard protocol in many instances.

If you have questions concerning medical malpractice or believe your doctor has ignored or missed the signs and symptoms of cancer, it is important to speak with an attorney that specializes in medical malpractice. At Bostwick & Peterson, our talented team of lawyers have access to the best physicians in the country that can methodically evaluate your case and determine your best legal options.

For more information contact the dedicated San Francisco medical malpractice lawyers at Bostwick & Peterson for a confidential consultation.

San Francisco Bike Accident Raises Questions Of Safety

San Francisco Personal Injury Lawyer — Wed, 15 Feb 2012 18:16:00 GMT

News reports that a San Francisco bicyclist suffered personal injuries after being hit by a U.S. Postal Service truck in the Richmond District. The bicyclist was traveling east on Clement Street when she was hit by the mail truck. She suffered a head injury. Thankfully her injuries were not life threatening as first had been stated by police. Although the accident is still under investigation, news reports that the truck failed to come to a full stop before entering the intersection and struck the cyclist, who had the right of way.

The San Francisco bus accident serves as a reminder about bike safety and the need for motor vehicles to share the road. Because bicyclists are nearly always the victims in bicycle accidents involving motor vehicles, the need for drivers to maintain proper awareness of bicyclists sharing the roads has never been greater. A skilled San Francisco personal injury lawyer with Bostwick & Peterson LLP can provide valuable insight and guidance in a bicycle accident claim.

When bike accidents occur the potential for harm is great. Bike accident injuries include:

• brain injuries

• head and neck injuries

• broken bones

• road rash

• wrongful death

Where the reckless or negligent conduct of another causes the bike accident, it may be possible to recover compensation for your injuries. If a loved one has been killed, the family may be able to bring a wrongful death action.

For more information or if you or a loved one has been injured in a bicycle accident, contact the top San Francisco personal injury attorneys at Bostwick & Peterson, LLP for a confidential consultation.

San Francisco Giants Fan Bryan Stow Negligence Lawsuit Raises Several Issues Of Liability

San Francisco Personal Injury Lawyer — Wed, 08 Feb 2012 17:53:00 GMT

As the negligence lawsuit filed by San Francisco Giants fan Brian Stow is making its way through civil court, the Los Angeles Dodgers franchise has asked a bankruptcy judge to reject claims for damages. A Delaware court is overseeing the sale of the Dodgers, and evaluating claims against the franchise.

The Stow negligence lawsuit arose out of the circumstances surrounding the severe beating of Stow in a Dodger Stadium parking lot on Opening Day of the 2011 season. According to the complaint, lax security measures, along with cheap beer sales contributed to an unsafe environment allowing the assault to occur. Specifically, the negligence complaint includes allegations that the Dodger's breached their duties to visitors of the park and that this breach was a factor in Stow's injuries. The complaint states that security was cut back at the stadium as a result of Dodger owner Frank McCourt spending an extraordinary amount of money in a bitter divorce. Further, the half-price beer sales offered that day at the stadium contributed to the behavior that pitted fans against Stow. The minimal lighting, hands-off approach to rowdiness and reduced security created a "perfect storm" allowing the assault to occur.

In addition to the negligence complaints against the teams and its owner, criminal charges have been filed against Louis Sanchez and Marvin Norwood for assault and mayhem.

The cost of Stow's medical care as the result of his brain injury and other long-term medical issues will amount to an estimated $50 million.

If you or a loved one has been injured while attended a sporting or concert event, it is important to speak to an experienced San Francisco personal injury attorney. While rowdiness and drinking may be part of attending a large arena event, when those hosting the event fail to provide adequate security and foster an atmosphere of carelessness or recklessness, the owner or operated may be found liable.

In any situation where you or a loved one suffers a serious personal injury it is important to speak to an experienced San Francisco accident lawyer. Several issues of liability and responsibility may be at play. A knowledgeable attorney can provide you crucial advice and help you obtain the compensation you deserve. For more information contact the top San Francisco personal injury lawyers at Bostwick & Peterson for a free, confidential consultation.

Brazilian Blowout Deceptive Advertising Lawsuit Settled

San Francisco Personal Injury Lawyer — Wed, 01 Feb 2012 17:10:00 GMT

Makers of "Brazilian Blowout" hair products have reached a settlement concerning the use of their products. The popular hair-straightening product has been a boon to consumers seeking to straighten their hair, but has raised numerous health issues especially concerning the fact that at least two of the formulations emit formaldehyde gas, a possible carcinogen.

A lawsuit filed by the attorney general's office has accused the manufacturer of deceptive advertising because labels on the "Brazilian Blowout Acai Smoothing Solution" and "Brazilian Blowout Professional Smoothing Solution" stated that the products were formaldehyde free. In addition to being a possible carcinogen, formaldehyde can also irritate the eyes, skin and lungs. In a statement, Attorney General Kamala Harris notes, "California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use. This settlement requires the company to disclose any hazard so that consumers can make informed choices."

Here, the State of California brought a lawsuit on behalf of consumers, but what if an individual is harmed by a dangerous product? Millions of products are bought and sold every day that are supposed to be manufactured, labeled and marketed pursuant to federal and state laws. Products as diverse as the Brazilian blow out hair product, prescription drugs, defective tires, medical devices and many other consumer products may cause dangerous side effects and even death. In those instances – either where a product is defective or lacks adequate warning – it may be possible to bring a product liability lawsuit. An experienced San Francisco product liability attorney can evaluate your particular circumstance and determine your next steps.

Based on the settlement GIB LLC, which makes the Brazilian Blow Out line, will pay $600,000 due to its failure to warn consumers and hair stylists that its products contain chemicals that may potentially cause cancer. GIB must also provide safety pamphlets concerning proper use of the products.

For more information or if you or a loved one has been harmed by a consumer product, contact the top San Francisco product liability lawyers at Bostwick & Peterson, LLP for a confidential consultation.

Bus Driver In Fatal UCSF Bus Crash Faces Criminal Charges

San Francisco Personal Injury Lawyer — Tue, 24 Jan 2012 17:18:00 GMT

News reports that the driver in the fatal University of California San Francisco charter bus crash will be charged with misdemeanor manslaughter. The San Francisco bus accident occurred moments after the driver became distracted by a conversation with one of the passengers. The driver went through a red light and collided with a semi-truck. Although the truck driver slammed on his brakes, he was unable to slow down the big-rig. Dr. Kevin Mack was thrown from the shuttle bus when the accident occurred and died from his injuries.

If you or a loved one has been involved in any type of serious personal injury accident, consulting with an experienced San Francisco personal injury law firm should be a top priority. A skilled accident attorney is San Francisco can provide crucial advice concerning your right to compensation and answer your personal injury questions.

Here, not only were the actions of the bus driver in question as a source of fault for the accident but also whether roadway negligence played a role. In some situations traffic flow and the placement and operation of traffic signs and lights may contribute to an accident. Additionally, questions have been raised concerning the practice of allowing bus passengers to ride without using seat belts. In any accident situation, especially where serious personal injuries or fatalities occur, it is important to investigate all potential avenues of fault. Often, more than one source has caused or contributed to an accident and may be held responsible.

The driver of the bus currently faces criminal charges. Investigations into civil charges against the driver and other potentially responsible parties are ongoing.

For more information or if you or a loved one has been injured in a serious personal injury accident please contact the knowledgeable personal injury lawyers in San Francisco at Bostwick & Peterson for a confidential consultation.