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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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One-Bite Dog Rule is Inapplicable in California

 Posted on November 08, 2016 in Dog Bites

San Jose, CA dog bite injury attorney, one-bite dog ruleAnnually, an estimated 4.5 million dog bites occur each year in the United States. Many attacks result in fatalities and serious lifelong injuries. As the canine population increases, so does the need for legal protection and liability laws about an unprovoked assault by an animal. Many states have opted to give a second chance to those that have only bitten in a single isolated incident. However, California has chosen to eliminate the “one-bite rule” and hold owners strictly liable for the behavior of their furry companions.

California Dog Bite Laws

Once ownership begins between the dog and master, strict liability initiates. Even if the dog has no prior known history of viciousness or unprovoked bites, the owner becomes liable. The statute additionally extends to keepers and handlers of the canine. However, in these cases, previous knowledge of aggressive behavior must exist. Damages may be awarded to any victim of a dog bite if sustained in:

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Electrocution Injuries While on the Job

 Posted on November 01, 2016 in Workplace Accidents

electrocution injuries, San Jose, CA workplace injury attorneyElectricians and construction site workers are exposed to potential electrical injuries daily. According to the U.S. Bureau of Labor Statistics, 1,738 occupational fatalities were caused by contact with an electric current between 2003-2010. In fact, the construction industry had the highest number of electrical fatalities—849.

To avoid workplace accidents, the safety of these individuals rests on the shoulders of both electricians and contractors. When safety guidelines are not followed properly, all workers are put at risk for exposure to potential electrical injuries.

Injuries Caused by a Contact with an Electric Current

The human body is a wonderful conductor for electricity. An electrical injury can cause damage to both the skin and internal organs. The severity of such an injury depends upon the length of contact, the strength of the voltage of the source, and the general health of the individual. When the human body comes into contact with electricity, serious injuries can result and may include the following:

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Holidays Lead to Increased Distractions

 Posted on October 27, 2016 in Car Accidents

San Jose personal injury attorney, holiday travel, distracted drivingWhen traveling from one destination to another, it is not uncommon to witness a driver talking or texting on his or her smartphone, applying makeup, or reaching into the backseat to assist a child. All of these distractions take a driver's concentration off of the road. However, the addition of the holidays can bring about an increase in distractions, drunk driving, and vehicle accidents

Plan for Other Distracted Drivers

During the holiday travel season you may encounter drivers who are distracted by more than a smartphone or child. Distractions may include the following:

  • Time constraints;
  • Bulky winter clothing;
  • Weather hazards;
  • Adjusting of the temperature controls to defrost, defog, and heat;

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Practice Motorcycle Safety During Winter Months

 Posted on October 19, 2016 in Motorcycle Accidents

winter motorcycle safety, San Jose motorcycle accident attorneyCalifornia is well known for extended seasons of tropical weather—an ideal location for year-round motorcycling. There are several reasons why to choose a motorcycle as the primary means of transportation. Along with the thrill of the ride comes the added financial benefit and increased mobility through traffic jams. However, one disadvantage is apparent when it comes to their physical size in comparison to other vehicles in a collision. Precautions must be taken at all times for motorcycle safety. Moreover, there are additional precautions that should be considered during winter months to prevent motorcycle accidents

Safety Tips for All Driving Conditions

Motorcyclists must follow the same laws of the road as any other vehicle. Additionally, the state has mandated requirements and suggestions that are in place to protect these riders. These safety measures for riders include the following:

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Tired Truckers Should Be Held Accountable

 Posted on October 13, 2016 in Truck Accidents

b2ap3_thumbnail_tired-truckers-truck-driver-fatigue-San-Jose.jpgLack of adequate sleep is believed to be a predominate factor in many of the problems that ail our society today, not the least of which are the associated medical concerns. Studies show that only 65 percent of Americans regularly get the recommended seven hours of sleep at night. Hence, a significant portion of the population suffers from the effects during their daily routines.

Most individuals feel that a lack of sleep is a personal concern and should not be regulated. Yet what happens when fatigue leads to an accident that takes someone else’s life? As truckers spend a significant portion of their time on the roadways, it is imperative that these drivers get adequate sleep to ensure the safety of those around them.

It is Not Just Good Sense, it is the Law

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California Burn Injuries

 Posted on October 05, 2016 in Catastrophic Injuries

burn injuries, San Jose burn injury attorneyBurns have the potential to be extremely serious or even fatal. The effect burns have on a victim can be devastating. Moreover, burns can come from a wide variety of sources. However, when burn injuries occur due to the negligence and disregard of someone else, there is an added layer of emotional responses. You have options to obtain financial relief from the accumulating medical dues as well as compensation for the pain and suffering endured.

Most Common Causes of Burns

According to the American Burn Association, 486,000 cases of burns have been reported in 2016, nearly 40,000 of them required hospitalization or treatment at trauma centers. First, second, and third-degree burns were suffered from home fires, occupational hazards, street and highway accidents, as well as recreational equipment. Burn statistics are as follows:

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Leash Laws Protect Against Dog Bites

 Posted on September 26, 2016 in Dog Bites

Santa Clara County dog bite lawyerSome laws may appear extraneous and unnecessary. However, for someone to set forth the effort to create a new law, someone, somewhere must have needed a definitive legal option. To many, California leash laws seem arbitrary, especially to those who have well-trained canines that listen and obey consistently. However, these laws are far from useless as they set out to protect innocent individuals from unprovoked dog bites.

Santa Clara County Leash Laws

Just like humans, canine animals do have “bad days”. They do experience shifts in mood and what normally would not bother them may be enough to make them lash out if the conditions are right, explaining why leashing is essential. The ordinances of Santa Clara County define leash laws. The Silicon Valley Animal Control Authority (SVACA) says that all canines require a leash if they are to be off of the private property of the owner, including land and vehicle. There are some areas in which a dog is not allowed at all, regardless of a leash, such as a city park. There are parameters for securing a dog. Some specifics include:

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Workplace Injuries Can Be Taken to Court

 Posted on September 19, 2016 in Workplace Accidents

San Jose workplace accident lawyerAfter sustaining an injury while at work, it often becomes difficult, if not impossible, to continue employment. Without working, there is no paycheck and without that income, daily bills start to accrue. Let us not forget that in addition to those monthly dues there now is the added necessity for visits for medical professionals. Many often stress about making ends meet after an injury. Following a workplace injury at the fault of someone else, the negligent party should be held responsible.  

Understand the Difference

Understanding the various options for claims is the best way to begin the recovery process. There are two potential routes to pursue. The best solution for you is dependent on the circumstances of the incident. The two options available are:

  • Workers’ Compensation: If the injury occurred at work regardless of fault, you are entitled to workers’ compensation benefits. California requires that all employers, even those with only one employee, carry this insurance which covers injuries or illness due to work for almost every circumstance. Even if the victim is also the negligent party, workers’ compensation benefits still apply. While you cannot receive pain and suffering compensation, you are eligible for weekly payments to cover the income lost due to injury as well as specific medical bills.

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What Not to Do After a Crash: Three Things Every Driver Should Avoid When Involved in an Accident

 Posted on September 12, 2016 in Car Accidents

San Jose car accident attorneyThe moment you find yourself in a car accident, your mind races with a slew of concerns. You must assess whether or not you or any of your passengers are injured, check on the other drivers involved in the crash, exchange information, and speak with the police. Then, you will probably be forced to relive the whole scene again and again as you recall and give an account to law enforcement and insurance companies of what led to the collision.

Making sure you are covering all the necessary bases in the midst of the shock that comes with the immediate aftermath of a crash can be overwhelming. It is just as important, however, to take note of what you should not do following the crash

Do Not Run

Whether you strike someone’s property with your vehicle, experience a collision with a pedestrian, or rear-end another car, do not ever flee the scene. Hit-and-run penalties can be harsh. California law requires you to come to a complete stop and to exchange information with the other driver(s). The only time the law allows you to leave the scene of the accident is if you are unable to locate the driver. For example, if you hit a parked car or some other type of property and the owner is nowhere to be found. In this situation, the law requires you to leave a note with an explanation of the accident along with your contact information. Then, you must report the accident to the California Highway Patrol (CHP).

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