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San Jose personal injury attorneyOver the next week or so, children throughout the Bay Area will take to the streets dressed as comic book superheroes, movie characters, spooky creatures and more. Trick-or-treating on Halloween, for many families, is a tradition that traces back several generations, and as October draws to a close, the excitement begins to grow. Amidst the fun, sweets, tricks, and treats, however, accidents can and do happen, and it is important for you and your young ones to stay safe this Halloween.

Plan Ahead

As a parent, you may have spent hours, days, and even weeks preparing costumes for your children. Yet when trick-or-treating time rolls around those same parents often do not have a plan for where to go or how long to stay out. Decide ahead of time which parts of your neighborhood you would like to visit. If your children want to trick-or-treat in another part of town—near a family member or friend, for example—it is a good idea to drive through that neighborhood a few times. Check out the area both during daylight hours and at dusk so you can identify any potentially dangerous intersections while understanding what your children will be seeing as the sun sets. 

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San Jose premises liability accidentIn a few short months, the winter holidays will be upon us again. At this point, only the best planners have started their holiday shopping, but soon they will be joined by millions across the country looking for great deals on the best gifts. With the increase in shoppers will come the inevitable increased risk of shopping accidents and injuries. Wet floors, exposed trip hazards, and falling merchandise can all lead to serious injuries to unsuspecting customers. While premises liability laws in California require property owners and occupants to ensure their property is safe for others to enter, there are a few things you should know about how such laws work.

Most Common Retail Customer Injuries

Black Friday stampedes and fights over the season’s hottest toys may make headlines, but other types are much more common in most stores and shopping centers. Slip and fall accidents due to wet or poorly maintained floors are statistically the most likely to occur. Shoppers can also trip over exposed edges of carpet, cords, displays, or other items. Falls may result in sprains, strains, back injuries, and broken bones, leading to long-term medical care and hefty bills.

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San Jose personal injury attorneyWhen you have been hurt in a car accident, a slip and fall accident on someone else’s property, or any other type of incident, your first priority should be making a full physical recovery if at all possible. Of course, depending on the circumstances of your case, you may be entitled to collect compensation for your injuries from the party who caused or allowed the accident to happen. While there is no legal requirement for you to hire a personal injury attorney following an accident, doing so could be the key to getting the money you need to put your life back together.

Analyze the Situation

If your accident left you with a few bumps and bruises and relatively minor damage to your property—common in minor fender-benders—you might be able to navigate filing an insurance claim on your own. While the insurance company may still try to offer you a lowball settlement, there are not very many uncertainties to be addressed. However, if your accident totaled your car, put you in the hospital for a few days, and caused long-lasting injuries that will affect you for years to come, you should probably call a lawyer. An attorney is also useful if the insurance company refuses to pay, regardless of the severity of the accident.

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San Jose workplace accident attorneyWhen you have been injured at work, your thoughts may initially turn to filing for workers’ compensation benefits to cover the costs and damages associated with your injuries. Such a reaction is reasonable, as workers’ compensation is intended to offer coverage for a large majority of workplace accidents and injuries. There are, however, many situations in which workers’ compensation is either insufficient or inappropriate, and a separate lawsuit may be necessary.

Personal Injury and Third-Party Lawsuits

The best and most appropriate route for obtaining the compensation you deserve following a workplace injury depends on a number of factors. First, the cause of your injury is important. If you were injured in an accident that nobody else caused while in the normal scope of your job, a personal injury lawsuit will probably not be necessary.

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San Jose personal injury attorneyBy now, you have seen them everywhere. You can buy them at toy stores, dollar stores, and even many gas stations and flea markets. They are called fidget spinners, and they are among the most popular toys to hit the market in recent years. Unfortunately, however, there have been reports throughout the United States and Great Britain of fidget spinners causing injuries. It seems that the trendy toy could be more dangerous than many people realize.

What Are Fidget Spinners?

In recent years, several products have become available that are designed to help individuals channel nervous energy and to soothe anxiety. Among the first such products were fidget cubes—cubes of about an inch and a half on each side with various dexterous and tactile activities on each face. A person with anxious tendencies could hold the cube in his or her hand while manipulating a switch, dial, or rollerball to ease tension and reduce fidgeting—hence the name “fidget cube.”

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San Jose personal injury attorneyOfficials in California have given the approval for three Fire Ball rides to reopen following a deadly accident at the Ohio State Fair last month. The accident occurred on opening night of the fair, killing one and sending seven others to the hospital with injuries.

A Tragic Situation

On July 26, fairgoers in Columbus, Ohio, watched in stunned horror as the ride known as the Fire Ball came apart while it was in motion. The Fire Ball is a pendulum-type ride which rotates riders as it swings back and forth in a large arc. Videos taken of the incident show pieces of the ride being thrown—along with several riders—as it reached the furthest point of its swing. Witnesses said that they saw at least two riders ejected from the ride and flying up to 20 feet before landing on their backs on concrete.

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San Jose personal injury attorneyOver the last week, national headlines have been abuzz with the story of an 18-year-old California woman who was broadcasting a video live to social media while behind the wheel. During the course of filming the video, she lost control of her car, resulting in an accident that killed the woman’s sister—and the whole thing was immediately posted to Instagram.

Despite warning after warning and countless advertisements and public safety messages, some drivers cannot seem to resist the temptation to use their cell phones while driving. Many convince themselves that it is fine to send a quick text message or read an email. In reality, however, using a hand-held cell phone while driving is simply unsafe.

Fatal Accident in Los Banos

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San Jose personal injury attorneyAnyone who has ever been in a car accident can probably remember the feelings of confusion and uncertainty in the moments immediately following the crash. If you were the one driving, such feelings may be amplified as you replay the incident in your head, wondering what you may have done wrong and what you should do next. Your initial impulse may be to get out of your car, check on the occupants of the other car and apologize for causing the accident—even if you are not certain that the wreck was your fault. Doing so, however, may not be the best idea.

You Do Not Know What You Do Not Know

When a car accident occurs, treating any physical injuries should be the top priority. The next most important concern is to determine who was at fault for the accident. The at-fault party is likely to be liable for any and all damages—including property damage and injuries—caused by the crash. Determining fault can be very complicated, as there may be a large number of factors involved.

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San Jose personal injury attorney, trauma to the brainBrain injuries are often unclear at first, especially to those without experience in diagnosis. Many times, these traumatic and life-altering injuries are left undiagnosed at first as many minor symptoms mask those injuries. The medical treatment required in determining the damage is just the start of the financial burden, which may accumulate for an entire lifetime. If someone else is at fault for the damage caused by a brain injury, the economic struggle should not be on the victim, but on those responsible.

Identifying a Brain Injury

Brain injuries can happen anywhere—on a battlefield, at work, on the playground, or in a car. The brain is vital to everyday life functions like breathing, speaking, and walking. Something as simple as a slip and fall is enough to cause a traumatic brain injury.

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San Jose workplace injury attorney, workplace injuries, workplace safetyFood service orientated positions can historically be described as jobs with grueling schedules, low wages, and overall stress producers. As of July 1, 2017, the minimum wage for service oriented jobs will increase from $10.50 to $12.00 per hour. Yet while this wage increase may be a welcome advancement, the one factor that change will elude is the dangerous threat of on-the-job or workplace injuries.

Brian Garry, senior director of foodservice for the Cintas Corporation, recently stated that many operators simply do not anticipate an accident or personal injury and are often left unprepared.

In an effort to better educate owners, managers, and employees, Cintas recently identified the top four personal injuries often suffered by restaurant workers.

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San Jose motorcycle accident attorney, motorcycle accidentsMotorcycle accidents are often debilitating, or even fatal, to those involved. Additionally, the devastation is often preventable, which perhaps makes the emotional impact harder to swallow. Although victims and families may be left in the figurative paralysis of what to do, a quick legal reaction time boosts the chances of a successful outcome.

A successful claim enables victims to gain compensation for much of their loss. No two cases are identical. However, there are behaviors frequently identified as the causes of a motorcycle accident.

Top Causes of Motorcycle Crashes

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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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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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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.

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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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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?

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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

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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.

Prevalence of Construction Site Accidents

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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

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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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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.

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John J. Garvey, III
10 Almaden Blvd, #1250
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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