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Truck Driver Cell Phone Violations Can Lead to California Accidents

 Posted on October 12,2020 in Truck Accidents

San Jose truck crash lawyerAny driver who is distracted by his or her cell phone poses an injury risk to other people on the road, but a distracted truck driver can be especially dangerous. A semi-truck traveling at 55 miles per hour can take more than 5 seconds to come to a complete stop, but sending a text message can remove a driver’s attention from the road for at least this long, so a distracted truck driver may not even have the opportunity to start slowing down before a serious collision occurs. For this reason, cell phone use is strictly regulated for truck drivers throughout the U.S.

Cell Phone Regulations For Commercial Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA) prohibits truck drivers from not just sending and reading text messages and other electronic communication while driving, but all handheld cell phone use. This includes holding a phone while making a call, dialing that requires pressing more than one button, and reaching for a phone. Drivers who violate these restrictions can be fined up to $2,750 and disqualified from driving, and truck driver employers who fail to enforce these restrictions can be fined up to $11,000. Handheld cell phone use while driving is also a violation of California law in most cases, and can result in a fine of at least $20 for a first offense and $50 for additional offenses.

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Recovering from a Spinal Injury After a California Car Accident

 Posted on September 22,2020 in Car Accidents

Santa Clara County personal injury attorney car accident

In 2017, almost 12,000 people suffered severe injuries in California car accidents, meaning that their injuries prevented them from walking, driving, or performing other activities that they were able to do before the accident. Many of these severe injuries involve damage to the spinal cord, which can have long-lasting effects and may require many years of recovery for the victim to even approach his or her condition before the accident, if recovery is possible at all. If you have suffered a spinal cord injury in an accident caused by another driver, a personal injury lawsuit can help you obtain compensation to cover your extensive medical treatment and rehabilitation.

Signs that You May Have a Spinal Cord Injury

Sometimes spinal cord injuries are immediately apparent after a car accident. If you find that you are paralyzed or have lost the ability to move body parts below the neck or waist, it is likely that you have suffered spinal cord damage. However, sometimes the extent of the injury is not obvious right away. Other signs that you may have a spinal injury include extreme back or neck pain, weakness, numbness or tingling, and difficulty walking or breathing. You may also be able to visibly detect a possible spinal cord injury if your neck or back is in an unnatural position after the accident. If you suspect that your spinal cord has been injured, you should seek medical attention immediately to prevent the damage from getting worse.

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Pursuing Compensation from a Distracted Driver in California

 Posted on September 15,2020 in Car Accidents

Santa Clara County personal injury attorney car accident

In 2018, an estimated 400,000 people in the United States were injured and almost 3,000 were killed in car accidents involving distracted driving, according to the National Highway Traffic Safety Administration (NHTSA). Distracted driving is a serious problem nationwide and in California, and if you have been injured in an accident caused by a distracted driver, you need an attorney who understands the legal strategies that give you the best chance of obtaining the compensation you need and deserve.

Common Causes of Distracted Driving

Distracted driving refers to any situation in which a driver removes his or her attention from driving to focus on another task. One well-known cause of distracted driving is cell phone use, especially texting, which can remove a driver’s eyes from the road for five seconds or more. In California, texting while driving and any other handheld cell phone use is against the law. Other common distractions are not explicitly forbidden, but they can be dangerous, nonetheless. Some of the most frequent causes include:

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Should I File a Personal Injury Claim After My Workplace Accident?

 Posted on September 08,2020 in Car Accidents

South Bay Area personal injury attorney construction site accident

In California, a wide variety of occupations may expose employees to injury risk throughout the course of their work. As such, the state requires employers to provide workers’ compensation benefits for employees who are injured on the job, whether those injuries were the fault of the employer, the employee, or a third party. However, as an employee, your eligibility for workers’ compensation benefits does not mean that you cannot also file a personal injury claim against a third party. In fact, in many severe workplace accident cases, it is necessary to pursue a liability lawsuit in order to receive full compensation for the extent of your damages.

When Is a Third-Party Personal Injury Lawsuit Possible?

You may have grounds to file a personal injury lawsuit if you suffered an injury during the course of your work, and that injury was caused by the negligence of someone other than you or your employer. A few examples of work-related injury situations that may involve third-party liability include:

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What Damages Can I Recover After a California Motorcycle Accident?

 Posted on August 31,2020 in Motorcycle Accidents


Santa Clara County personal injury attorney motorcycle accidentAccording to the California Office of Traffic Safety, approximately 500 motorcyclists die and many more are injured in accidents each year, often because of another driver’s negligence. The physical, emotional, and financial costs for motorcycle accident victims can be extreme. If you have been injured in a crash, it is important that you understand how to pursue the compensation you need and deserve with the help of an experienced personal injury attorney.

Available Compensation for Motorcycle Crash Injuries

Although California law requires all motorcyclists to wear a helmet, they are still mostly unprotected compared to occupants of other vehicles. When accidents occur, injuries are often severe and have lasting impacts. When another party is at fault, you can pursue compensation through a personal injury lawsuit for damages including:

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How Can I Protect My Children From Dog Bites in California?

 Posted on August 21,2020 in Dog Bites

Santa Clara County personal injury attorney dog bite

Dogs have a reputation for being “man’s best friend,” and for many children, a good family dog can be a source of joy and companionship. However, when dogs feel scared, angry, or threatened, they may become aggressive, and young children are often the ones who suffer the consequences. According to the Centers for Disease Control and Prevention (CDC), children are not only more likely to be bitten by a dog than adults, but their dog bite injuries also tend to be more serious. As a parent, you can help your children avoid dog bite injuries using a few effective strategies. Regardless, a California pet owner may be held liable for injuries inflicted by his dog depending on the circumstances. 

How to Reduce the Risk of a Dog Bite

The key to preventing dog bite injuries is often helping your children understand a dog’s behavior and how they should act around a dog. Here are some suggestions that can keep your children safe:

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Why Is Improperly Loaded Cargo So Dangerous in a Truck Accident?

 Posted on August 14,2020 in Truck Accidents

Santa Clara County personal injury attorney truck accident

According to statistics from the National Highway Traffic Safety Administration (NHTSA), the number of people injured and killed in accidents involving large trucks has risen significantly in recent years. The primary danger is not to the truck drivers themselves, but to the occupants of the other involved vehicles, who account for over 70 percent of the annual fatalities. Truck accidents are dangerous not only because of the vehicles’ large size but also because of the heavy loads they carry. When those loads are not properly secured, they can lead to accidents in a number of ways.

How Unsecured Cargo Loads Cause Accidents in California

Semi-trucks are built to haul heavy weight, but in order to do so safely, they must be loaded properly with their cargo fully secured. When loose cargo shifts in transit, accidents often result because of one of the following reasons:

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California Seat Belt Defense Law Can Affect Your Personal Injury Claim

 Posted on August 07,2020 in Personal Injury

Santa Clara County personal injury attorney

The National Highway Traffic Safety Administration (NHTSA) reports that approximately 90 percent of vehicle occupants in recent years use a seat belt and that seat belts save almost 15,000 lives each year. However, failing to wear a seat belt is still a significant factor in many vehicle-related deaths, as 47 percent of people killed in vehicle accidents in 2017 were not wearing a seat belt at the time. Even if you survive a car accident in which you were not wearing a seat belt, you may experience serious injuries resulting in costly medical expenses and a lasting impact on your quality of life. Furthermore, your failure to wear a seat belt may actually result in less compensation in a personal injury case.

How Do California Seat Belt Laws Affect Negligence?

California law requires vehicle occupants to wear a seat belt under most circumstances in recognition that doing so is the most effective way to save lives in the event of an accident. If you are wearing a seat belt and driving responsibly and you are involved in an accident caused by another driver’s negligence, you may be able to reduce or avoid serious injuries entirely. If you are seriously injured under these circumstances, you can make a strong claim that the other driver was completely at fault for the accident and seek full compensation for any damages resulting from your injuries.

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Fumigation Chemicals Lead to Fatal Incident in Southern California

 Posted on July 28,2020 in Premises Liability

Santa Clara County personal injury attorney premises liability

Due to the perennially warm climate, residential and commercial properties in California may require regular fumigation to help protect the health of both the buildings and their residents from infestations. Among the nastier types of insects, Californians may have to contend with are bed bugs, cockroaches, and termites. A report released by Orkin Pest Control ranking the top 50 cities most at risk for termite damage in the United States placed three major California cities within the top 15: San Diego in 11th place, San Francisco at 9th, and Los Angeles as the 2nd most at risk for termite damage in the entire country.

Due to the high risk of infestation, especially along coastal cities including San Jose, CA properties may require pest control operations—including fumigation—from time to time in order to ensure the structural integrity of buildings and the health of their residents. Although the process of fumigation is often considered low risk for humans when proper precautions are taken, the recent death of a Whittier resident as reported by The Mercury News highlights the fact that pest control operations are not without risk. “Pest exterminators were not actively working at the house at the time, but it was still filled with toxic chemicals,” the news agency reported.

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When Is a Consumer Product Considered Defective in California?

 Posted on July 26,2020 in Defective Products

Santa Clara County defective product injury attorney

Injuries associated with consumer products accounted “for nearly one-third of all unintentional fatal injuries and nearly half of medically attended nonfatal injuries,” according to a report released by the U.S. Consumer Product Safety Commission (CPSC) in 2018. Based on the latest data available—41,200 Americans are fatally wounded by a consumer product-related injury every year, and 39.8 million will require medical treatment for their injuries. This means nearly one out of every 10 Americans will receive medical attention due to such an injury.

What Is a Consumer Product?

The CPSC is a government agency created to protect citizens “from unreasonable risk of injury and death associated with consumer products.” The regulatory body excludes some common items from the definition of a “consumer product” because these items fall under the jurisdiction of other government agencies, including, but not limited to boats, firearms, tobacco, automobiles, and more.

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