Posted on December 23, 2024 in Car Accidents

California streets, highways, and interstates have posted speed limits that are precisely calculated to promote safety. Many times, drivers think as long as their speed does not exceed the posted limit, they are not speeding or breaking the law. However, driving too fast in certain conditions is often as dangerous as traveling over speed limits, and it is also illegal.

If you are injured in a car accident caused by someone who was driving too fast for the conditions, you may be eligible for compensation. These cases are complex, but a dedicated San Jose personal injury attorney can overcome these challenges and help you achieve the best possible resolution for your claim.

What Does California’s Basic Speed Law Say About Driving Too Fast?

Although speed limits are set for ideal conditions, specific conditions can make those speeds dangerous. California law requires drivers to proceed at prudent and reasonable speeds when conditions are less than ideal, such as:

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 Posted on December 10, 2024 in Dog Bites

Many families in the South Bay Area have at least one dog. These pets provide companionship and joy to their owners, but they are still animals capable of inflicting severe injuries if they attack. Although certain breeds, such as pit bulls and German shepherds, are commonly associated with attacks and bites, any dog can do so. Dog attacks typically cause significant psychological trauma in addition to physical injuries, and compensation may be available.

Can dog bites break bones? If a dog attacks me or my child, can I sue? With over 45 years of experience, a San Jose attorney from Law Office of John J. Garvey, III can help you collect the full compensation you deserve.

Are Dog Bites Capable of Breaking Bones?

The average dog’s bite force is 235 pounds per square inch, with some breeds capable of exerting significantly more force. A force of 500 to 1000 PSI can break some human bones, so some dog bites are powerful enough to cause fractures. The elderly and younger children have softer bones, which are typically easier to break.

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 Posted on November 21, 2024 in Truck Accidents

Americans rely on the trucking industry to bring critical goods to our stores, workplaces, and homes. California ports handle significant imports and exports, and trucking contributes significantly to the state’s economy. Unfortunately, tractor-trailers can cause catastrophic injuries and devastating property damage when they collide with passenger vehicles.

Spinal cord injuries sustained in truck accidents can leave victims partially or totally paralyzed. If this happens to you, an experienced San Jose lawyer from Law Office of John J. Garvey, III can help you hold the at-fault party accountable and collect the compensation you deserve.

The Dynamics of Truck Accidents

When fully loaded, a semi-truck can legally weigh 80,000 pounds. These heavy beasts are around 72 feet long and 13.5 feet tall. In comparison, the average passenger car weighs 4,000 pounds and is 14 feet long and five feet tall. You do not have to be a physicist to realize that trucks have significantly greater impact forces, giving the occupants of passenger vehicles little hope of escaping without injury.

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 Posted on November 06, 2024 in Personal Injury

The human brain is a fascinating organ that controls our entire bodies. Brain injuries after an accident are not always immediately apparent. Victims may feel fine initially, only to suffer from seizures or other adverse effects later. Brain injuries can range from minor to catastrophic, and understanding the associated symptoms may save your life or the life of someone you love.

If someone else’s negligence causes an accident, the victim may be entitled to compensation. Eligible survivors of fatal accident victims could have grounds for a wrongful death claim. In either case, working with an experienced lawyer from Law Office of John J. Garvey, III can significantly increase your chance of getting as much compensation as you deserve.

Always Accept or Seek Medical Attention After an Accident

Many kinds of incidents can cause head injuries, and some of them could offer an avenue for compensation. Head and brain injuries are often caused by:

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 Posted on October 28, 2024 in Car Accidents

Plenty of Halloween activities offer fun for both children and adults. Unfortunately, haunting accidents often occur on this holiday. Along with the dangers of attending haunted houses, carving pumpkins, and tripping while trick-or-treating, statistics show that drunk driving and pedestrian accidents increase.

If you or your child is injured on Halloween by someone else’s negligent behavior, you may qualify for compensation through a personal injury claim. The legal team at Law Office of John J. Garvey, III hopes you and your family have a safe Halloween, but we are here to help with your compensation claims.

Halloween Pedestrian Accident Facts

Many more pedestrians than usual normally travel from house to house while trick-or-treating on Halloween, and many of them are children. Youngsters may not understand the dangers of crossing streets, sometimes running into oncoming traffic in their excitement to get their next handful of candy. Young teens often roam without adult supervision. Unfortunately, children from 5 to 8 and 12 to 15 are most likely to be injured or killed in pedestrian accidents on Halloween.

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 Posted on October 08, 2024 in Workplace Accidents

Accidents happen every day, even at work. California requires all employers to carry workers’ compensation insurance that provides benefits to their employees for job-related illnesses or injuries, but there are some situations when a third party is responsible. In those cases, workers may have other options for compensation.

When is a third party liable for workplace injuries? Is filing a personal injury claim a better option? An experienced lawyer can investigate your incident, establish liability, and help you get the compensation you deserve.

What Is the Difference Between Workers’ Comp and Personal Injury Claims?

Workers’ compensation benefits are usually available to employees who become ill or sustain injuries from work-related causes, regardless of who is to blame. These policies pay medical expenses, a portion of the worker’s lost income, and other qualifying losses. When you accept workers’ comp benefits, you relinquish the opportunity to file a personal injury claim against your employer.

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 Posted on September 25, 2024 in Personal Injury

You probably know that if you are injured in an accident caused by someone else’s intentional act or negligence, you may qualify for compensation through a personal injury claim. You might not know, however, that insurance companies do everything they can to avoid paying claims. One of their favorite sayings that your injuries were a pre-existing condition, so they are not liable.

Sometimes called the papier-mache plaintiff rule or the thin skull rule, the eggshell skull rule is a legal doctrine that refutes the pre-existing condition argument. What is this funny-sounding rule, and does it apply to your case? What impact could it have on your settlement? A knowledgeable lawyer from Law Office of John J. Garvey, III can answer these questions during your free consultation.

What Is the Eggshell Skull Rule?

No, it is not a legal doctrine based on Humpty Dumpty’s demise. An illustration may help you understand the concept. Suppose there are two eggs, side by side. One has a shell of average thickness, but the other is extremely thin and fragile. A visual inspection cannot reveal which is which. You gently tap both eggs; one breaks, but the other remains solid.

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 Posted on September 25, 2024 in Car Accidents

Accidents happen daily throughout California, often causing injuries. You probably know you may be entitled to compensation through a personal injury claim if someone else’s negligence injures you. What if an accident claims the life of your loved one? Do you have any way to hold the responsible party accountable?

You may qualify to pursue a settlement by filing a wrongful death action. How do you know if you are eligible? How much will your settlement be? Call Law Office of John J. Garvey, III now so our experienced lawyer can answer those questions.

Which Accidents Can Lead to Wrongful Death?

If someone’s negligence is directly responsible for the fatal accident that took your loved one, you may be able to collect a settlement. Common accidents that might qualify include:

• Car, truck, and motorcycle accidents

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 Posted on September 09, 2024 in Personal Injury

Personal injury claims allow eligible victims to obtain compensation from the party responsible for their injuries. Not every accident or injury qualifies and each case has to meet specific requirements. You have to prove that someone else is liable before you can get a settlement. Even when you have proof, reasonable settlement amounts are hard to obtain without the assistance of a skilled attorney from Law Office of John J. Garvey, III.

What Is Negligence in Personal Injury Cases?

Negligence is the foundation for most personal injury cases. The term’s definition in legal matters is a failure to behave in the way a reasonable person would in the same situation. To establish negligence, the party in question must have owed you a duty of care. This duty is a legal obligation to use reasonable care to avoid harming others, and it can differ depending on the situation. When someone fails to provide the required duty of care, and that failure causes your injuries and related damages, you likely have grounds to file a personal injury claim.

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 Posted on August 26, 2024 in Personal Injury

Accidents happen every day, sometimes causing injuries and fatalities. When someone else’s negligence causes an accident, the victim may be entitled to compensation through a personal injury claim. If someone loses their life in a qualifying accident, eligible survivors might receive compensation through a wrongful death claim. How do you know if you qualify? Who is liable for paying you? Request your free consultation with our experienced personal injury lawyer from Law Office of John J. Garvey, III to find out.

How Does a Personal Injury Claim Work?

To qualify for a personal injury claim in most cases, someone else’s negligence must be responsible for your injury and related losses. Several kinds of accidents can lead to these claims, including:

• Car accidents

• Truck accidents

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