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Increased Restrictions on Cell Phone Usage While Driving are Effective Immediately

 Posted on January 24, 2017 in Car Accidents

San Jose, CA personal injury attorney, cell phone usageThe use of cell phones has increased greatly over the years. From bathrooms to highways, cell phones are everywhere. Moreover, distracted driving while using a phone for any reason is blamed for the deaths of nearly 3,200 Americans in 2014.

These massive numbers motivated legal officials to take a stand to protect our citizens. As of January 1, 2017, California lawmakers have made it illegal to hold a cellular device while driving a motor vehicle

Law Restrictions

California began cracking down on cell phone usage in cars in 2006, once mobile phones began to gain popularity as a staple in every pocket, purse, and briefcase throughout the United States. These devices have become less like the phones we once had and now similarly relate to computers with the number of capabilities available in each.

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Truck Accidents in San Jose Cause Extensive Damage Every Year

 Posted on January 17, 2017 in Truck Accidents

San Jose truck accidents, San Jose, CA truck accident attorneyMassive 18-wheeled big rigs dominate our nation's roadways. These overpowering vehicles drive our nation’s economy while also overpowering all other vehicles on the main highways and city streets. The sheer size and momentum brought forth by these vehicles makes them an intimidating force when traveling next to a non-commercial vehicle. Additionally, in certain cases, truck drivers leave a devastating wake behind them full of destruction and heartache for those unfortunate enough to cross their paths. Even with a recent decline in fatalities due to truck accidents, far too many families suffer at the hands of drivers who negligently operate their machinery.

Statistics

Due to ongoing investigations from two previous years, the most up-to-date and conclusive information available is 2014. Fatality Analysis Reporting System (FARS) only began in 1975, making most of the information available relatively new, but still useful in witnessing trends. Some of the most alarming statistics from recent years include the following:

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Motorcycle Injuries as a Result of Improper Maintenance

 Posted on January 10, 2017 in Motorcycle Accidents

b2ap3San Jose motorcycle injury attorney, motorcycle injuries_thumbnail_motorcycle-injuries-San-Jose.jpgStudies show that the inability of finding a trustworthy mechanic is the number one reason why many Americans do not ensure they perform proper maintenance on their investment. One study went so far as to say 86 percent of the population believes they pay outrageous costs for unnecessary repair work. Regardless of whether this belief is justifiable leads thousands to put off repair work beyond minor upkeep, often compounding any underlying issues.

Regular maintenance repair is imperative to the safety and functionality of all vehicles. While maintenance procrastination is a dangerous practice for drivers with traditional four-wheeled vehicles, motorcyclists should be even more cautious because a seemingly small issue, if left unresolved, can lead to motorcycle injuries or even death.

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Special Consideration Given to Dog Bite Cases Involving Children

 Posted on January 03, 2017 in Dog Bites

San Jose dog bite attorney, dog bite casesDog bites have the potential to cause a significant amount of damage. Even in with small dogs, a well-placed attack can cause life-long injury, disfigurement, or even death. In incidents where the victim is a child, especially those under the age of five years, the effects are often especially heinous. The laws surrounding these vicious canine attacks are unique to this age group.

Higher Risk Factor in Children

Children are more likely to sustain a bite from an animal than an adult. Dog owners should be aware of their dog’s behavior, from their body language to history. Additionally, with strangers, these owners should always use extra caution upon the first few introductions.

When a child is in the area, regardless of familiarity, dog owners should have the dog under control, with the use of a leash and a watchful eye. Children often behave unexpectedly, with wild movements and loud noises, which can frighten a dog. The proximity of the canine’s face and a child's often leads to neck and face attacks. Statistics show:

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Social Media Can Hurt Your Claim

 Posted on December 30, 2016 in Wrongful Death

San Jose wrongful death attorney, social media, personal injury claimSociety has changed over the last few decades. With the emergence and development of social media accounts, everything from the birth of our children to the funeral arrangements of a family member is on public display for those on our contact lists to see. In daily life, this is fine to do and even has several benefits for many Americans. However, when an individual is involved in a courtroom battle of any kind, including wrongful death or personal injury, it is best to avoid posting anything on social media accounts.

Prove it to Win it

Although a wrongful death claim and a negligence case are different in various ways, the aspects necessary to create a winning case are similar. Insurance companies and other attorneys understand that these types of cases must be treated similarly to a criminal investigation—both sides scour social media posts and all other avenues for evidence on either side.

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Legal Compensation for Vision Impairment or Blindness as a Result of Injury

 Posted on December 21, 2016 in Catastrophic Injuries

Santa Clara vision impairment attorney, vision impairmentWe rely on our five senses to operate on a daily basis. Those senses are sight, smell, taste, sound, and touch. Once accustomed to utilizing all five consistently, having any one of them unexpectedly removed or altered is life-changing. Therefore, when it comes to a loss of sight, also known as blindness, the resulting obstacles leave many families struggling to adjust.

Any extreme loss of sight has the potential to become devastating—physically, emotionally, and financially. If an accident occurs due to the negligence of someone else, and vision impairment is caused, then that individual should rightfully be held accountable.

Loss of Sight

Total blindness is the inability to see anything, light included. To go from seeing the world around you in vibrant clarity, and to then be harshly plunged into a world of darkness, is potentially catastrophic.

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The “Ghost Ship” Fire and Wrongful Death Liability

 Posted on December 12, 2016 in Wrongful Death

California wrongful death lawyerOn Friday, December 2nd, 2016, the city of Oakland experienced a significant tragedy. An old converted warehouse, known as the “Ghost Ship,” caught fire with more than 100 individuals reportedly inside. The incident is still under investigation. This location functioned as a workplace as well as a living facility for a number of struggling artists and musicians from the Bay Area. Several reports indicate that structure was dilapidated and not in compliance with municipal building and safety codes. While officials have not released the cause of the blaze, questions abound regarding the possible liability for wrongful death.

Deadliest Fire in Recent History

According to official reports, the fire claimed the lives of 36 individuals, at least one a legal minor. The location was run by a husband and wife team, who also lived there with their children. Early reports claim that the couple collected rent from tenants and had even gone so far as parking half a dozen RVs on the first floor for residents. The converted warehouse was also full of rugs, pianos, old sofas, and statues, which blocked exit routes and ignited quickly once the fire started. It also appears that a nightclub of sorts operated inside of the building.  

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How to Handle Being the Victim of a Hit-and-Run

 Posted on December 05, 2016 in Personal Injury

hit-and-run victim, San Jose personal injury attorneyMore accidents occur each year in California than in any other state. However, there are also more people in California than in any other states. Of these car accidents, hit-and-run occurrences happen at an alarming rate—about 20,000 cases each year as reported by the California Highway Patrol. Many victims are left each year with a significant financial burden and no one to pay. Who pays the bill in these cases?

Your Options in The Golden State

During an ordinary traffic accident, the at-fault driver will stop, enabling their negligence to be confronted but preventing further legal difficulties. Strict laws are in place prohibiting leaving the scene of an accident without exchanging pertinent information. Although there are exceptions—leaving your information on a parked vehicle in a parking lot where the driver is unavailable—it is the responsibility of every driver to stop after their involvement in such an accident. However, not all drivers remain at the scene of a hit-and-run accident.

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When a Bar Fight Results in Catastrophic Injuries

 Posted on November 22, 2016 in Catastrophic Injuries

San Jose, CA personal injury attorney, catastrophic injuries, bar fight,Imbibing in alcohol is a popular social pastime within the United States, especially following a long work week. Those who partake in alcohol often do so to enjoy the psychological effects, including the release of inhibitions and social anxieties. These effects influence behavior otherwise unseen under normal circumstances. Occasionally, too much alcohol results in aggression that escalates into a fight. Unfortunately, these physical altercations can lead to catastrophic injuries or even death.

What is a Catastrophic Injury?

The familiar term “catastrophe” refers to a sudden and unforeseen event that has a disastrous end. In a legal sense, injuries that are catastrophic prevent a victim from performing everyday behaviors permanently. Injuries classified as catastrophic dependent on their severity are:

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Obtaining Compensation for the Untimely Death of a Family Member Due to a Truck Collision

 Posted on November 15, 2016 in Truck Accidents

San Jose, CA truck accident attorney, truck collisionWhen a family member passes away unexpectedly due to the negligence of a truck driver, your life is turned upside down. Commercial drivers owe a duty to their families, as well as to the community and other drivers on the road, to drive with caution. Yet many truck drivers face impossible deadlines imposed by companies trying to increase revenue.

Although restrictions have been placed by lawmakers to decrease truck accident fatalities, truck drivers may still cut corners with the approval of their employers. Yet who is responsible for the death of your loved one in these cases?

Unexpected Bills

Commercial trucks have strict regulations for several reasons, not the least of which is the obvious fact that these vehicles are significantly larger than typical passenger vehicles. When the two collide, the passenger vehicle often sustains significantly more damage. Victims of these crashes can suddenly and unexpectedly be left with bills, including:

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