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The Risk of Dog Bites and California Pet Laws

 Posted on March 21,2017 in Dog Bites

San Jose dog bite lawyer, California pet laws, dog bitesWhen an individual is bitten by a dog, it can be a traumatic experience. Estimates suggest that approximately 4.5 million people in the United States will sustain a dog bite related injury this year. In fact, statistics involving the act by man’s proclaimed best friend account for the following:

  • More than one-third of all homeowner liability claims;
  • Over 6,500 attacks on U.S. Postal Service carriers;
  • Nearly a one-in-five chance of infection; and
  • Increased probability of undergoing reconstructive surgery.

Every 75 seconds someone experiences an encounter with an aggressive or protective canine in the United States—an encounter in which the handler or owner may be at fault.

Although dog bite laws vary state by state, California has seen an increase in dangerous dogs, and bites can occur as a result of improper handling or ignorance of dog bite laws.

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Tips on Preventing Rollover Accidents

 Posted on March 14,2017 in Car Accidents

San Jose rollover accident attorney, rollover accidentsEstimates show that 10,000 lives are lost on an annual basis due to rollover vehicle accidents. This type of vehicle accident is so dangerous that the National Highway Traffic Safety Administration (NHTSA) reports how those involved in a rollover accident have a 33 percent chance of not surviving.

Although a rollover can occur in any model of vehicle, these accidents are regularly linked to sports utility vehicles or SUVs, pickup trucks, or the modern day mini van—all vehicles which are considered “top heavy” because they have a higher center of gravity.

A rollover accident can occur when sideway forces, such as navigating a curve, shift the center of gravity to one side and therefore affect the vehicle’s ability to balance evenly. This reaction is extremely dangerous if a driver is speeding or driving while under the influence. The result can be the loss of control of one's vehicle.

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Drowsy Driving: Studies Indicate Just as Dangerous as Driving Under the Influence

 Posted on March 07,2017 in Car Accidents

San Jose personal injury attorney, drowsy drivingAs the Centers for Disease Control and Prevention (CDC) continually surveys the quantity and quality of our sleep habits and the devastating events associated with the lack thereof, sleep is now recognized as a public health issue. 

Moreover, the exploration of behaviors and disorders are also being closely monitored as our sleeping habits are now linked to motor vehicle accidents, personal injuries, industrial disasters, and even medical and other occupational errors. 

Another leading authority, the National Highway Traffic Safety Administration (NHTSA), reports that driving while drowsy can be dangerously compared to driving while under the influence of alcohol, but without the benefit of a breathalyzer.

The NHTSA estimates that over 100,000 vehicle accidents per year can be contributed to driver fatigue. This is an estimate as it is difficult to attribute “drowsy driving” as the initial cause of the accident on an accurate basis. Other contributing factors include:

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Q & A – Legally, What is Required After Being Involved in an Accident?

 Posted on February 28,2017 in Car Accidents

San Jose car accident attorney, after an accidentWith the dawn of the new year, California has reported 2,360 traffic accidents statewide since January 1, 2017—traffic accidents that may represent the five most common types such as rear-end collisions, damage to parked cars, weather-related accidents, side-impact collisions, and wildlife-related accidents. If you are involved in any type of vehicle accident, what is required of you under California Law? The State Bar of California has the answers. Listed below are the primary requirements of any one involved in an accident in California.

Q. Do I Have to Stop? 

A. Yes. California law requires you to stop when involved in any type of vehicle accident, whether it involves a pedestrian, is a crash involving another vehicle, or only results in damage to a parked car. Exiting the scene of any accident can increase the risk of hit-and-run charges, even if the accident was not your fault.

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Frequently Asked Questions Regarding Dog Bite Law

 Posted on February 21,2017 in Dog Bites

San Jose dog bite injury lawyer, dog bite lawEach year, approximately five million dog bites occur throughout the United States according to the CDC. The locations of the injuries range anywhere between a finger or ankle nip to facial attacks and broken bones. Death is also a very real possibility, especially in cases involving children and large dogs.

In response to the prevalence of dog bites, California became a strict liability state—a dog that bites is the full responsibility of the owner. Dog bite law does not solely govern vicious attacks but any incident where the tooth of a dog breaks the skin. Those suffering from a dog-inflicted wound often have pressing questions about what to do next.

What Do I Do if I Have Been Bitten?

Regardless of the severity of the bite, seek medical attention immediately. The myth that a dog’s mouth is cleaner than a human’s mouth is pointless as both have bacteria that, if left untreated within a wound, can create larger problems. The comparison is similar to comparing a trash can to a toilet. The laceration needs an examination by a medical professional as well as documentation via photographs, journals, and witness accounts. Due to a concern for the spread of disease, also contact Animal Control and the police department.

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The Importance of a Prompt Reaction Time in a Wrongful Death Lawsuit

 Posted on February 14,2017 in Personal Injury

Santa Clara wrongful death attorney, wrongful death lawsuitThe sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party be held accountable.

The unexpected medical, funeral, and other associated costs can take a financial toll on even the ablest families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. However, it is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

Personal injury claims including wrongful death suits have a set limit within the state of California for which you can file against a defendant. After the allotted time passes without a claim, no new litigation is applicable.

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Serious Falls and Other Accidents Can Occur On Construction Sites

 Posted on February 07,2017 in Personal Injury

Santa Clara County construction accident attorney, workplace accidents, serious fallsConstruction sites are hazardous environments. Regardless of personal protective equipment—joint pads, helmets, or slip-proof shoes—accidents occur on construction sites at an alarming rate.

Each year, the United States Department of Labor and the Occupational Safety and Health Association (OSHA) work in conjunction to update the safety standards to prevent future incidents. However, each construction site has many employees in the vicinity at any given time, from those building the structure to approving permits, adding electricity, installing plumbing, and more. Each has a standard of care to which they must adhere. However, if any individual is negligent in these duties, workplace accidents may occur and cause severe injuries or even death.

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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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