a fatal accident snarls one of the bay area's business east freeways this morning. there's a critical unanswered question. good afternoon. i'm tori campbell. the fatal accident happened right at the heart of the morning commute. highway patrol says the crash

was on westbound i-80 near carlson boulevard in richmond. claudine wong is live in the newsroom with new information and the critical question investigators hope to answer. >> we do have new information about the drivers involved in the accident and what led to it. the question remains, was this accident the result of road rage? this is what drivers passed as traffic backed up along i-80 near carlson boulevard in richmond. the chp says the driver of a van in his 60s believed to be from el sobrante and the driver of a white pickup truck were both in the carpool lane about 5:40 a.m. this morning. the van was in truck and the truck approached and the van driver tapped his brakes. the trick driver switched lanes and moved in front of the van and tapped his brakes. the van got out of the carpool lane and mae

misjudged the distant and clipped the truck. the truck blew a tire, skidded to a stop. the driver of the van, his vehicle hit the center divide and flipped several times. >> we're going to look at this collision and see if road rage was a component because road rage is a deliberate act. what people fail to realize is when you are driving down the road and see a vehicle approaching you from the rear, tapping your brakes to alert that approaching vehicle is a very -- when a driver deliberately speeds up, cuts in front of another vehicle and hits the brake hard to force that vehicle to slow down, that's a brake check. that's different from alerting a driver approaching you from the rear that you may be fooling too closely. >> the coroner is trying to positively identify the driver killed. the chp will talk to witnesses and try to get a bet per picture of the man who died. investigation will take two to four weeks. back to you.

the prosecution's star witness is taking the stand today in the murder trial of a suspected gang member. edwin ramos is charged with killing anthony bologna and two of his sons in san francisco in 2008. the jury will hear from the only brother to survive the shooting. the 21-year-old son will testify how he watched in horror as his father and two brothers were shot to death as they were driving home from a family picnic. prosecutors say edwin ramos mistook the family for rival gang members. just day after his state of the union address, president barack obama launched a three- day tour through five key states to sell his economic policy goals. earlier today he spoke at a conveyor manufacturing plant in iowa to showcase american industry. he says in order to bring jobs back from overseas, we need a change in the tax code. >> if you're a company that

wants to out source jobs or do business around the world, that's your right. it's a free market. you shouldn't get a tax break for it. companies that are bringing jobs back from overseas should get tax breaks. >> he heads to an intel plan in arizona next to talk about technology and then to las vegas to focus on energy security. he will visit to colorado and michigan with a push for education proposals. many education experts are criticizing president barack obama's proposal to keep kids in school. in his state of the union address, he urged states to adopt laws that set 18 as the minimum dropout age. 17 states already have these laws in place including california. california's dropout rate is higher than 18% right now. the gop presidential

candidates continue to battle it out in florida a few days before the state primary. today the attacks are focused on president barack obama and his state of the union address. >> a very anti-entrepreneur, anti-business president, he's now engaging in class warfare and rhetoric designed to divide america. >> this is perfectly classic left wing demagoguery. he would double the capital gains tax. >> we need someone who isn't going to be the republican nominee who isn't going to be the issue in the campaign. we need someone who will make barack obama the issue in this campaign. >> the candidates are gearing up for their final debate in florida tomorrow night. the florida primary is next tuesday. a new national poll shows a major shift in the republican race for the white house. newt gingrich is now ahead of mitt romney. the gallup poll shows newt gingrich is favored by 31% of registered republican voters.

mitt romney has 27%. rick are rick and ron paul are tied at 12% each. a political coverage continues at ktvu.com. you will find the latest from the campaign trail in the politics section. this was an emotional morn thing congress as lawmakers said goodbye to gabrielle giffords who cast her final vote. fellow lawmakers gave her a tearful standing ovation. she officially resigned from congress today to focus on her recovery. she was severely wounded in a mass shooting in arizona one year ago. san francisco's nancy pelosi saluted her as the brightest star among us. gabrielle giffords voted for her own bill too to toughen sanctions against drug smugglers. it passed unanimously. troubles appear to be mounting for san francisco sheriff ross mirkirimi. a source close to the

investigation tells ktvu news that a third woman may be prepared to come forward accusing ross mirkirimi of abuse. this comes after an ex- girlfriend filed a police report alleging that ross mirkirimi abused her. this morning former prosecutor jim hammer said the third woman's accusation could be damaging to the sheriff. >> if the district attorney can get this in a court, that's a big if, the jury would then see a pattern of this behavior. it seems to be similar, anger, followed by physical violence. >> documents obtained by us show that a second neighbor heard ross mirkirimi's wife accuse him of abusing her even though his wife denies there was any abuse. ross mirkirimi will go to court tomorrow to ask a judge to modify a protective order so he can see his son. cleanup is underway at the scene of the rock slide in san francisco. on monday rocks loosened by the weekend rain fell down telegraph hill. we're live to explain what's being done to clear up the

area. >> reporter: the crews arrived here early this morning. that examine can have excavator has been hard at work all morning filling up dump trucks. they'll be here doing this all day. part of charm of living on telegraph hill is that hill. it's also part of the peril. a rock slide monday morning left some condos yellow tagged for limited entry. when that incredible view fell a little too close for safety. today crews are clearing away the slide and working to stabilize the hillside. >> one of the recommendations is to reduce the steepness of the slope and create more of a landing pad. geologists believe that more rocks will be falling. >> it's not the first time gravity got the better of this

hill. geologists say no one should be surprised. >> it's just a matter of time when another one will happen. they're going to happen continuously until there's no more hill there. >> he has an office in the shadow of telegraph hill that makes sensors to detect things like rock slides. any movement sends a online alert. >> they're very sensitive devices, so they'll always pick up movement before it gets dangerous, so you see it coming. >> no one here saw this one coming. fortunately, no one was in that car and no one was injured in the rock slides over the last couple of days. the long-term solution for this is still being form lated and it will take sometime. back to you. >> thank you. a new poll shows broad based support for the governor's tax hike plan to erase the deficit. the public policy institute poll shows that 68% of likely

voters support the initiative. that includes 85% of democrats, 53% of republicans, and 65% of independents. the five-year plan calls for half cent sales tank increase and a 1-2% income tax increase on wealthier californians. today the oakland city council will consider more budget cuts. the city has to cut more than $28 million to off set the loss of state redevelopment funds. 105 city employees will lose their jobs. the cuts will affect popular programs involving the oakland zoo, children's fairyland and symphony in the schools. oakland city leaders want to use the old oakland army base to expand port operations. the chronicle reports the city will move ahead with plans to convert the 300-acre site into freight transfer area. in addition to easing congestion and pollution, the proposal is expected to create thousands of jobs and generate

revenue. the city needs grant money and a voter approved sales tax to help cover the project's cost. they voted one on the 49er stadium proposal. you will hear if santa clara people will get a chance to vote again. mark tamayo is looking to february trying to find some rain. you will hear what he found just ahead. beautiful price as you are looking at the initial fare is incredibly important. >> travelers react after we told them about new rules for airlines that will impact passengers. [ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ]

[ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ] fee. [ whistle blows ] whoa, whoa, whoa. break it up! please swipe credit card. i've got roughing the passenger's wallet. you okay, son? yeah, thanks, ref!

looks like they hit you with a fee pretty hard. they sure did. good call, ref. please swipe credit card. look! see! that's it! you're gone! thanks, ref. swipe card, swipe card, swipe -- [ male announcer ] bags fly free. southwest airlines. it's the right call.

in i've gyp today tens of thousands gathered in kind row to mark the first anniversary of demonstrations there that led to the overthrow of the former president. he is currently on trial on charges of killing demonstrators. today's crowds are made up of liberals and the conservative islamic brotherhood party. many are calling for an end to the military rule. we're learning more about the u.s. raid that rescued two hostages from pirates in somalia. the white house released a photo this morning showing president barack obama right

after giving his state of the union address. he's calling the father of an american woman to give the father the good news that his daughter has been rescued. the woman and a danish man are now headed home to be reunited with their families. they were held captive for three months after being kidnapped at gunpoint. president barack obama released a statement today saying, the united states would not tolerate the abduction of our people. we now know the seal team that rescued them was the same one that killed osama bin laden in pakistan. air travelers are gaining new rights this week. airlines will have to disclose all taxes and fees in their advertised air fares. they'll also to have promptly notify passengers of flight cancellations and delays. if you make reservation, the new rules will allow to you cancel it without penalty as long as it's within 24 hours after the booking is made. people we talked to at sfo say

they'll be happy to know what they're paying up front. >> i think it's deceptive to find it come up at the end. i do a lot of c pear son shopping when i'm looking for the right flight. i think it's a great thing. >> airlines will also have to disclose potential baggage fees more clearly. the changes will make fares look higher but they'll better reflect actual costs. the changes take effect tomorrow. fire damaged a san francisco diner around 1:30 a.m. flames broke out at the bayside cafe on bayshore boulevard. it's not clear how it started. smoke was seen coming from the kitchen. no injuries were reported. oakland occupy protesters are planning the mass take over of a vacant building this weekend. they announced the action today on the steps of city hall. they're planning to hold a two- day festival starting saturday and then march to the site of

the building which they've not yet disclosed. they want to turn the building into a social center. organizers say they've warned mare mayor jean qwan. among the threats are an airport blockade, a city hall occupation, a port shutdown, and a call to internet activist anonymous for solidarity action. santa clara's vice mayor said today the city plans to go to court to prove opponents of a new 49ers stadium do not have the right to have the question put to another public vote. that comes after the city council last night rejected a petition to put the stadium question back on the ballot. opponents say the stadium issue that passed last year was misleading because it did not include an $850 million loan approved by the city council last month. >> stadium opponents moved

ahead on this referendum knowing that the item they were trying to get a referendum on was not referren -- we're going to court to get a definite answer on whether or not the item is able to be put on the referendum. >> work is set to begin on the new stadium next week. organizers for the america's cup yacht race have cleared a major hurdle. san francisco's board of supervisors voted to certified fie an environmental impact report for the sailing event. the city's planning commissioners approved the report in december. environmental groups challenges it over concerns about water pollution and air quality. the race will be in san francisco next year. the san mateo county board of supervisors is taking steps to take over management of sharp park golf course in pacifica. the golf course is managed by san francisco's parks department currently. san mateo supervisors voted

unanimously to negotiate with san francisco to gain control of the golf course. environmental groups have sued to close the course arguing that golfing on the site threatens endangered wildlife. more sunshine across the bay area this afternoon. looking toward downtown san francisco, temperatures beginning to recover right now. right now san francisco in the upper 50s. the bay looks beautiful. no rain clouds in sight. we could have some patchy fog regrouping first thing tomorrow morning. current temperatures are pretty mild. santa rosa 63 degrees, a few high clouds moving into the north bay. oakland upper 50s, san jose around 58 degrees. high pressure is strengthening. temperatures are warming up today. a few 60s out there. here's the storm track a couple days ago. we had significant rain and wind pushing into the bay area. the rain clouds will be a stranger over the next week as

high pressure is locked into the forecast. for today partly to mostly sunny with the stable atmosphere, still moisture near the surface, fog forms. that will be a factor overnight and a dry week ahead. temperatures will be in the 60s, even into the bay area weekend. early tomorrow morning, thursday there, is a weak system up to the north. a few rain showers could be approaching mendocino county. the main effect for us is cloud cover. the central valley fog will be doing its thing and the fog increasing from the north. still cloud cover at noon tomorrow. tomorrow we'll have more overcast to contend with that will stick around into the early part of the afternoon. so tomorrow will be cooler. for today upper 50s to upper 60s. a few extra clouds for parts of the north bay.

by 5:00 partly cloudy, 50s. pretty mild out there this afternoon. look at the upper 60s out toward santa rosa, san jose 66, half moon bay upper 50s. a few extra clouds for tomorrow, temperatures trimmed back a few degrees. friday clearing skies, a bit of a breeze. the weekend looks pretty quiet. hazy sunshine and mild temperatures for the weekend, probably dry for the rest of january. >> thank you, mark. right now, a traffic mess on the nimitz freeway. two northbound lanes of 880 are blocked by a three-way vehicle crash in oakland. it's near high street just north of the colosseum.

this is a live view of the accident and the long stretch of northbound traffic behind the accident. you can see on the right side of the screen that's northbound traffic and traffic also looks slow heading southbound. no word how long the lanes will be blocked. the traffic information on ktvu.com, it looks like it's backed up to 98th avenue right now. first lady michelle obama this morning announced new standards for healthier school lunches. she appeared at an elementary on school in video video alongside the agriculture secretary and celebrity chef rachel ray. it's the first major overhaul of federal school lunch standards in 15 years. the new rules call for more whole grains, fruits and vegetables and less sodium. alameda county's waste management authority is set to vote today on a plan to ban plastic bags. if approved, stores would have to charge customers a dime for bags which have to eat be

reusable or made from recyclable paper. individual cities can opt out of plan if it passes. the authority says it's heard no objections to the plan. ahead, the company based in the bay area that's smashing records. here come the mac fanatics. the reason so many are converging on san francisco's south of market area. i can walk 60 miles. (woman) the fund-raising was the easiest part. people were very giving. complete strangers wanting to help. i knew someday i was gonna do this walk. if i can do this, you definitely can do this. we can do this. we can all do this together. (man) register today for the... and receive $25 off your registration fee.

because everyone deserves a lifetime.

the markets are moving higher following the fed's announcement today it probably won't raise interest rate beefs late 2014. it's more opt mitt particular about the unemployability rate and took the step of setting an inflation target of 2%. the dow is up 72. nasdaq up 27. s & p is up nine. a record quarter has made apple the most profitable company in the world just surpassing exxon. strong sales was iphone helped apple to more than double its earnings over last year. the company sold 37 million iphones in the last three months of 2011 exceeding expectations. apple earned $13 billion in the quarter and now has $97 billion in cash on hand. apple stock is up about 6% right now. fans of palo alto are converging in san francisco this week. mac world and i world 2012 start tomorrow. more than 20,000 people are

expected to attend the three- day event. the conference will include dozens of workshops and forums. it will feature nearly 300 companies promoting apple- related products. tonight at 5:00, we are headed to the sierra. it's late but it's happening, ski season. what this latest snow is bringing to the smallest ski resorts. thank you for trusting ktvu channel 2 news. we'll see you the next time news breaks.