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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:

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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

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San Jose car accident attorneysYou read that correctly; certain driving behaviors can actually increase your chances of being in a collision by four hundred percent. According to the California Highway Patrol, distracted driving behaviors--particularly the use of a cell phone--increases your chance of being in a car accident by 400 percent, and makes it 23 times more likely for you to be at risk for collision. Those are pretty astonishing statistics, but the fact that so many drivers continue to text and talk on their phones while driving sadly implies such driving behaviors are not taken very seriously.

Dangerous Driving Behaviors that Put You and Others in Harm’s Way

Sending one single text requires the average person 4.6 seconds of their time, and driving at 65 miles per hour and texting for a mere three seconds is the equivalent of driving the length of a football field completely blindfolded. Although using your cell phone in any way, shape, or form while behind the wheel is the most dangerous and the most commonly talked about distracted driving habit, other behaviors such as eating, interacting with other passengers, and fidgeting with the radio put you at serious risk for accident and injury as well.

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San Jose premises liability lawyerLabor Day is a public holiday that occurs on the first Monday in September. Typically, it is a federal holiday where government workers and schools all have the day off. The holiday was created as a part of the labor movement and celebrates the economic and social development of American workers. It continues to be a national tribute to the workers who have made contributions to the well-being of our country. Many consider it to be the last day of the summer season, and therefore celebrations often include barbecues and other outdoor parties. These festivities can turn a fun day of celebrating into a lifetime of recovery for anyone injured due to the neglect of an uncaring host, which could also lead to premises liability claims.

What Can Go Wrong?

The sun is shining, the weather is a perfect temperature, and the gang is all together. When the host lets their guard down, relaxes, and begins to neglect the responsibility of safety to their attendees, disaster can strike. There may be plenty of areas that need further consideration rather than relaxation. Looking around and not including the proclivity of alcohol consumption, there are:

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San Jose personal injury lawyerIf you or a loved one has recently suffered an injury due to the negligence of someone else, you have likely been visiting health professionals in an attempt to get back to normal. For this, you are spending your time and hard earned money to resolve something that was not your fault. That does not seem very fair, does it? The person who is at fault should pay for the damages they have caused. This principle is the basis of personal injury claims.

Civil Court

There two types of cases in the American court system: civil and criminal. Personal injury cases are tried in a civil court because a civil court is where private citizens or companies can take action against one another. No criminal laws are addressed here. Unlike criminal cases, there is no right to a court-appointed attorney, so you will need to secure your representation. Judges, commissioners, or juries decide the verdict. Decisions are on the amount of the evidence but the believability of one story over the other.

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Posted on in Car Accidents

San Jose fatal car accident attorneyWhen an auto accident occurs, families are left to deal with the aftermath. If the accident results in the death of a loved one, many families are severely affected in every aspect of their life, from the pain of the loss to the costs incurred and the life-long lasting memories of the event. After the occurrence of a fatal car crash, families often seek answers and assistance in putting a new version of their lives back together.

What Happens to the Families

Accident numbers have been on the rise in the last couple of years. In California alone, over 3,000 fatal car accidents were reported in 2013. Not only is a family likely reeling from an unexpected loss of a significant portion of their life, they then are forced to make a quickly pull together a funeral, make necessary repairs, and attend doctor’s appointments themselves. If the victim earned the primary source of income, the family may also face:

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San Jose personal injury attorneyAll drivers must re-evaluate their driving abilities and skills as they age. Mental acuity and physical strength change and decline as we grow older, putting us and others we share the road with at greater risk for car accidents and injuries. Re-assessing our abilities on a continual basis over periods of time is key to knowing where we stand behind the wheel.

Tips for Prevention

It is important to constantly be alert to any physical and mental changes that may affect our ability to operate a vehicle, and more importantly, to recognize which skills we need to work on to improve our driving as we adjust to those changes. Whether you are aging yourself or you have a loved one who is growing older, here are some ways you can help prevent an accident on the roadways:

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San Jose school zone accident lawyerSummer is quickly coming to an end, and the children will soon be on their way back to school. Registration periods are upon us, as are school shopping lists and teacher introductions. Although the summer has been full of vacations for many, the relief of going back into the usual school-year routine washes over parents across the United States. Certainly, toward the back of the minds of these families is the potential for school zone accidents.

Potential Hazards

For the purposes of this discussion, the definition of a school zone is not strictly limited to the drivable area surrounding a school, but anywhere that a family entrusts the life of their child to school personnel. School zones additionally include the school bus, the route to school, anywhere on campus, and anywhere that is considered to be the property of the school. The top three hazards across the country that result in injuries and even death to our nation’s schoolchildren are:

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San Jose car accident lawyerWhen it comes to shaping car accident and injury statistics on the highways, taking a proactive approach through the use of driver’s education is proven way to reduce the number of incidents and fatalities. This is especially the case in terms of youth-related accidents and injuries. Young drivers present a hazard for numerous reasons; not only are they inexperienced, they are more distracted today than ever before.

The Dangers Associated With Young Drivers

Distracted driving and driving under the influence are very real threats on the roadways, particularly where young drivers are concerned. Interacting with other young passengers, the pressure to drink or do drugs at parties or at friends’ houses and then drive, plus distractions from various devices all make it very easy for young drivers to lose focus or make poor decisions behind the wheel. This, in turn, puts everyone on the roads in danger, emphasizing the need for everyone, no matter what age or walk of life, to play a role in prevention.

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Posted on in Dog Bites

San Jose dog bite lawyerDog bites can range anywhere between virtually harmless to life-altering. Facial dog bites have the potential to be more traumatic than other areas on the body. Not only are the wounds more visible than other areas of the body, there is also the possibility of a longer recovery time and even permanent damage. If you have been the victim of a dog bite attack that resulted in facial wounds, it is imperative that you follow key steps to increase the likelihood of recovering the full damages at trial or through a settlment.

Why Are Facial Dog Bites More Traumatic?

When a dog does choose to bite a human, nearly three times out of four they will bite an extremity. Statistics have shown that approximately 71% of dog bites result in injuries to the arms, legs, hands or feet of a human. This may be true for any number of reasons, not the least of which is that our survival instinct is to reach out to protect ourselves from danger, thereby giving the animal something else to grab besides our face or neck. However, if you consider the features of an arm versus all of the features of a face, you will be able to recognize several delicate areas that are essential to daily activities. Consider for a moment the following senses that would all be affected should a sensory organ become damaged:

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San Jose motorcycle accident lawyerWhen we hear about motorcycle accidents on the roadways, the news often revolves around other drivers and how they are at fault for collisions with motorcyclists. While it is true that drivers must exercise special caution when operating vehicles around motorcyclists, those riding motorcycles can have just as much of an impact on highway safety. We all share the roadways, and we all have a part to play.

What You Can Do as a Motorcyclist

The California Highway Patrol reports that Statewide Integrated Traffic Records System data has shown a continual increase in motorcycle fatalities since 2011. The CHP’s motorcycle safety program exists to help equip riders with the education, skills, and tools they need to take responsibility for their part on the roads as they operate and interact with other drivers. 

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San Jose mass transit accident lawyerEach year, an increasing amount of individuals are opting to utilize mass transit services. In 2014, the number of Americans who used public transportation were found to be the highest in 58 years. There are several benefits for those who make the decision to forgo their own personal vehicle and opt to use public transportation. However, the increased usage of this mode of transportation also includes a shift in accident statistics, including a rise in mass transit injury reports. In many situations, the injuries in these types of accidents can be severe and even catastrophic, and victims may be left unsure of what to do next.

Benefits of Public Transportation

Mass transit is comprised of many forms of travel, including but not limited to: buses, trains, and light rail. The benefits of using public transportation are numerous and include such considerations as:

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Posted on in Personal Injury

San Jose premise liability attorneyThe ending of May is always a large milestone between the spring and summer seasons. Typically launched at the end of the traditional school year and Memorial Day celebrations, the summer vacation season is known for being a choice time for travel and family adventures. For thousands of tourists annually, an amusement park is the ideal vacation destination. Although the experience is intended to be a fun and perhaps even a thrilling venture, for too many, the end result is an amusement park injury.

Statistics

When making vacation decisions, it may be useful to consider some quantitative facts. In 2014, statistics showed that ultimately visitors were more likely to be injured in a roller coaster accident than becoming the victim of a shark attack. Some other recent vacation statistics include:

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San Jose brain injury lawyerChildren, whose brains are still developing, often have a long road to recovery after a traumatic brain injury (TBI). Physical therapy, mental health care, and speech therapy that may last for weeks, months, or possibly even years are some of the most common treatment interventions needed to help them recover. Unfortunately, some young victims may have a more difficult time obtaining that much-needed care.

Children From Low-Income Households Struggle to Find Care Providers

Often, children from low income households have their medical needs met through Medicaid, medical insurance that is provided by the state. Unfortunately, the payouts for treating Medicaid patients are lower, and many doctors opt not to accept them. This limits options for Medicaid patients and, at times, can make it extremely difficult to receive the treatment they need.

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San Jose personal injury attorneyThe spring and summer months are upon us in beautiful California. The days get longer and of course warmer. With the change in weather comes the inevitable urge for motorcyclists to get out and ride. As always, motorists need to be cautious of each other and make a conscientious effort to watch for motorcycles. It may be easier for you to see a traditional four-wheeled vehicle and predict their driving habits because you may be more familiar with them. Yet, motorcycles are present and have traffic capabilities that other vehicles do not, such as lane splitting. While these actions are perfectly legal and have many benefits, there are driving habits that may make lane splitting hazardous for our motorcyclists.

What Is Lane Splitting?

Lane splitting is the name given to the act of a motorcyclist maneuvering their motorcycle between two lanes of traffic driving in the same direction. Its purpose is to overtake or pass slower moving or stopped traffic. It is also known as “lane sharing”, “white lining”, “filtering” or “stripe riding”. These names are indicative of the motorcycle actually driving on or near the painted white line that separates two lanes of traffic traveling in the same direction.

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San Jose car accident lawyerThere are nearly 29 million automobiles registered throughout the state of California but despite the mandates of California Vehicle Code (CVC §16058), California currently ranks in the top five of states with the highest percentage of uninsured motorists. This is not welcome news for those traveling the coastal roadways and falling victim to experiencing a car accident with the nearly 25 percent who do not carry auto insurance. Not only can this lead to possible legal and insurance complications, but it is against California law to drive without at least the mandated minimum state insurance requirements.

In addition, an estimated one in three California drivers are either uninsured or underinsured drivers, even though California offers additional coverage to protect all drivers against damage or personal injury due to an at-fault driver with no or less than adequate insurance coverage. While, in this instance, a non-fault driver can submit his or her claim to their personal insurance carrier, often the compensation does not fully cover all liabilities.

Although it seems unfair that you as the victim would need to make a claim against your own insurance, the uninsured at-fault driver will be the one facing heavy fines, vehicle impoundment and license suspension. Most often, in these circumstances, a civil lawsuit for damages and personal injuries will be in their immediate future. As a result, this could lead to the loss of all viable assets and, sometimes, personal bankruptcy.

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San Jose Auto Accident LawyerThe moment you are involved in a car accident, your to-do list instantly begins to grow. After you have assessed the situation, addressed any injuries, notified authorities, and exchanged insurance information with the other drivers, it is time to handle the collision report and account for any citations and fines you might have received due to the crash.

The Purpose of the Report

The collision report process begins at the scene of the accident. Its purpose is to accurately document all of the details that led up to and caused the crash. These details help assist Highway Patrol and the other drivers and their insurance companies with the case. Everything from the traffic and weather conditions to the time of day, as well as witness accounts, are important details and should be noted for the report. It is also important to make note of any events that led up to the crash, as these details give everyone involved a clearer picture of how the collision actually unfolded and why.

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commercial trucks, big rigs, San Jose truck crash lawyerThere is an epidemic going on in the United States that to this day remains a serious problem. Everyday, on average 11 accidents involving commercial trucks result in fatalities. Additionally, over 100,000 people are injured in the same type of accidents per year. If you apply the same numbers to a different industry, it would be like a commuter jet crashing every week. With the potential for these accidents being so high, the need for legal counsel is also rising. What should you expect from truck accidents with regards to legal action?

Reasons for Concern 

Commercial trucks are seen on almost every road and every highway, and, every day, truck driving schools have a new graduating class full of fresh, newly-trained drivers that will be on the road shortly. Commercial trucks are responsible for transporting a large portion the goods that we purchase, from gas and oil all the way to moving homes. These vehicles have deadlines and agendas that they have to follow, as well as regulations that mandate everything they do. In most cases, they are highly-trained and skilled professionals, but accidents are not planned and can happen to anyone. There are number of factors that contribute to these accidents being so much more devastating and potentially dangerous, including:

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dog bite, Santa Clara County law, San Jose dog bite lawyerWhether you are a dog owner yourself, have been a victim of a dog bite, or know someone who has had a close call with a dog aggression-related injury, familiarizing yourself with Santa Clara County’s stance on dog safety laws can help you protect your best interests and help keep your neighbors safe.

Existing Dog Safety Laws and Modifications

For years now, Santa Clara County has been investigating ways to further enhance its laws on dangerous dog bites in an effort to place stricter responsibility on owners of potentially dangerous dogs. Back in 2011, the County announced a Board action aimed at expanding the existing policies that are in place to protect residents from harmful injuries. The following new laws were announced:

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motorcycle, lane-splitting, Santa Clara County motorcycle accident lawyerLane-splitting has long been a heated debate when it comes to the subject of motorcycle accidents. The topic has been so controversial, in fact, that just last year The Wall Street Journal reported that the state of California has been the only state in the U.S. to legalize the action thus far, setting a new precedent for the rest of the country. Other states have been following in California’s footsteps to push legislation that will allow motorcyclists to drive between lanes on the open road—an agenda not likely to disappear any time soon. Oregon, Texas, and Tennessee are just a few states aiming to make lane-splitting legal, and many others are close behind.

A Dangerous or Efficient Trend?

The idea behind the practice of lane-splitting is that it allows motorcyclists to reach their destinations faster while contributing to a smoother, less congested commute on the highway. This is considered especially helpful during rush-hour commute times. The drawbacks, of course, have been the largest source of opposition for those against the legislation. Lane-splitting can be dangerous for both the motorcyclist and nearby automobile drivers, as visibility is further limited and the space in which the motorcyclist must navigate is narrow, restricted, and at times obstructed.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

 
John J. Garvey, III
10 Almaden Blvd, #1250
San Jose, CA 95113
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