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San Jose, California Personal Injury Blog

Recent Fire Highlights Importance of Heater Safety

  • 10
  • January
    2012

In the early morning hours near Red Bluff, California, a fire destroyed a mobile home and spread to adjacent homes, seriously damaging them. The home's occupant suffered severe burns and was rushed to an area hospital. Officials say that the fire was caused by a space heater that had been placed too close to flammable materials.

Heating equipment is involved in a staggering number of fires. In 2009, the National Fire Protection Association estimates that heaters were responsible for 58,900 or 18 percent of home fires. In 2009 alone, these fires caused a total of $1.1 billion in property damage, killed 480 people and injured 1,520. Space heaters are deadly in particular. Statistics show that they are responsible for 80 percent of deaths from fires caused by heating equipment.

Motorcycle Accidents: Causes and Prevention

  • 07
  • December
    2011

There are many reasons why a motorcycle accident can occur. Often it is the other motorist, not the motorcyclist, who is at fault. The main reason for an accident with a motorcycle is that the other driver simply does not see the motorcycle due to its relatively small size compared to the other cars and trucks on the road. Motorcyclist inexperience can also play a large part in an accident. Someone who is not familiar with the specifics of driving a motorcycle versus a car can have difficulty safely operating a motorcycle. Another risk factor is speed.

Motorcycle accidents, like any vehicular accidents, can have tragic and long-lasting effects. However, due to the significant power of a motorcycle and the lack of a protective barrier between a motorcyclist and the road or another vehicle, the consequences of an accident are frequently catastrophic. Only one out of every five riders escapes a motorcycle accident with minor injuries. In most occurrences, the motorcycle operator is at least seriously injured. Additionally, the chance of having an accident in the first place is magnified just through the operation of a motorcycle.

California Truck Accident Blamed on Stop Sign Infraction

  • 07
  • November
    2011

The California Highway Patrol's (CHP) recently released accident report for a big rig accident that injured the driver and passenger of a pickup truck lists an all-too-familiar cause: a driver failing to come to a complete stop at stop sign. The semi crash occurred in the early morning hours at a rural intersection, and - as is often the case with crashes between trucks and smaller vehicles - the truck driver did not suffer injuries.

One major study of US motor vehicle accidents from the Insurance Institute for Highway Safety based on an analysis of police reports revealed that almost 700,000 annual crashes occur at stop signs. One of three stop-sign-related auto accidents result in at least one personal injury or wrongful death.

Severe Injuries or Death Caused by Drivers Failing to Stop on Red

  • 17
  • October
    2011

Red Light, Green Light is a popular children's game where children are only allowed to move when the person running the game calls "green light" and need to stop when the person running the game shouts "red light." It shows that even small children can master the concept of "red means stop." Somehow many adults seem to forget that when they fail to stop at red traffic lights. Driving through red lights can cause car accidents with serious consequences and California authorities are taking steps to stop drivers from running red lights.

Dangers of Running Red Lights

Drivers going through red traffic lights is one of the leading causes of auto accidents in the U.S. According to the Federal Highway Administration, drivers running red lights cause accidents resulting in about 1,000 deaths and 90,000 injuries annually. Half of the people who die in red light running accidents are not those who failed to stop; they are other drivers, bicyclists or pedestrians.

One in three people report knowing someone injured in an accident caused by someone running a red light, similar to the number of people who report knowing someone injured in a drunk driving accident.

Proposed Increase in Texting Fines Vetoed by Governor Brown

  • 19
  • September
    2011

Three years after enacting a law requiring drivers to use hands-free cell phone technology, the California Legislature sought to further the safety of all on the road. However, the Legislature's proposed increases for distracted driving fines ultimately led to the bill's veto.

According to state senator Joe Simitian (D-Palo Alto), the hands-free law "significantly" lowered the number of fatal accidents in California. Statistics cited by The Daily Journal support Sen. Simitian's claim; during the first year California's hands-free law was in effect, the number of vehicle accidents dropped 20 percent and the number of fatalities fell by approximately 700. Yet, even though AAA Automobile Club of Southern California and the California Office of Traffic Safety estimate that between 60 and 70 percent of drivers comply with the hands-free law, fatal accidents still occur as a result of distracted driving.

Sit. Stay. Bite? California Dog Bite Reports on the Rise

  • 01
  • September
    2011

Dogs are often referred to as "man's best friend". However, this may not be entirely accurate, as they often become more than just a mere friend and become members of the family. Even with all the love that we show our dogs, or they show us, one thing remains certain, they are still animals.

One of the most common reminders of the fact that these furry members of the family are still animals is when they or another dog bites a person. From small nibbles to severe maulings that leave both physical and mental scars, even the most loveable dogs may pose injury risks to people.

Debate Continues Over Helmet Use in California

  • 18
  • August
    2011

Despite continual studies showing that they save lives, helmet usage remains a controversial issue. Since 1991, the State of California has mandated that bicycle and motorcycle riders wear protective helmets to increase safety in the event of an accident. Section 27803 of the California Vehicle Code states that drivers and passengers of motorcycles, motor-driven cycles and motorized bicycles shall wear safety helmets while operating such vehicles.

The law is based on the state's interest in protecting people when they have accidents and most importantly, saving lives.

Street Racing Isn't Glamorous, It's Dangerous

  • 29
  • June
    2011

In the movies, illegal street-racing is made to look fun and exciting; possibly the sport of choice for the "hero" of the movie. What usually isn't accurately portrayed in the movie is the danger that street racing poses to racers, those watching the races and innocent bystanders.

Besides conducting these races in the presence of spectators and, occasionally, other vehicles not involved in the race, most drivers are amateur racers driving cars that are modified in home garages. Combined with high-speeds, these conditions only increase the danger of the races.

Pedestrian Safety in California

  • 23
  • May
    2011

California is one of the most deadly states for pedestrians along with New York, Florida and Texas. In fact, 42 percent of all fatal pedestrian accidents occur in these states and only 5 percent of all traffic related fatalities.

The California Highway Patrol reported that there were 214 pedestrian deaths and nearly 5,000 pedestrian injuries in Los Angeles County in 2008. Of all the child fatalities related to motor vehicle crashes, nearly one third are pedestrians.

California is especially deadly for pedestrians because there are so many high traffic, urban areas in the state. Approximately 72 percent of fatal accidents occur in urban areas.

PG&E Says Records Errors Could Not Have Led to San Bruno Pipeline Blast

  • 09
  • May
    2011

Pacific Gas & Electric recently turned over further documents to the California Public Utilities Commission and claimed that the deadly San Bruno gas pipeline explosion had nothing to do with the accuracy of the utility giant's record keeping. This follows closely on the heels of an investigation by the National Transportation Safety Board (NTSB), which concluded that PG&E records did not properly identify welds in a natural gas pipeline that exploded in San Bruno in September 2010. The deadly blast and resulting fire killed eight people and destroyed nearly 40 homes.

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The Law Office of John J. Garvey, III, in San Jose, California, represents clients in California communities and counties throughout the South Bay and the San Francisco Bay Area, including Santa Clara, Campbell, Cupertino, Mountain View, Sunnyvale, Fremont, Palo Alto, Oakland, San Francisco, Sacramento, Morgan Hill, Watsonville, Santa Cruz, Redwood City, Menlo Park and Burlingame, Salinas; Santa Clara County, San Mateo County, Alameda County, San Francisco County, Santa Cruz County and Monterey County.