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When Can a Third-Party Claim Be Pursued After a Workplace Injury?

 Posted on February 15, 2024 in Workplace Accidents

San Jose workplace injury lawyerWorkplace injuries can be devastating, both physically and financially. In most cases, workers' compensation benefits provide coverage for medical expenses and a limited amount of money to compensate for lost wages resulting from a workplace injury. However, there are situations where an injured worker may be able to receive additional compensation through a third-party claim against a person or company that was responsible for their injuries and damages.

In a third-party claim, an injured worker seeks compensation from someone other than their employer or co-workers. While workers' compensation will be available regardless of whether the employee, a co-employee, or their employer was at fault for an injury, a third-party claim may ensure that other at-fault parties will be held liable for causing or contributing to a workplace accident and the resulting injuries. An attorney with experience in these types of cases can provide representation to ensure that an injured worker will be compensated appropriately.

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8 Types of Driver Negligence That Can Cause Motorcycle Accidents

 Posted on January 23, 2024 in Motorcycle Accidents

San Jose Motorcycle Crash LawyerMotorcycle accidents can be devastating for riders, and they often result in catastrophic injuries or even death. While motorcyclists can take precautions to protect their safety on the road, even the most cautious cyclist is at risk of suffering injuries due to the negligence of other drivers. Motorcyclists who have been injured in collisions with other vehicles can work with an attorney to recover compensation that will address the damages they have suffered. An experienced lawyer can help identify the forms of negligence that may have led to a motorcycle accident, which may include:

Distracted Driving

Distracted driving continues to be a major problem on our roads today. When drivers are not fully focused on operating their vehicles, they put themselves and others at risk. Using cell phones, texting, eating or drinking, talking with passengers, adjusting music controls, or other distractions will divert a driver’s attention from the road and increase the likelihood of an accident involving a motorcycle.

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6 Types of Bone Fractures That Can Affect Injury Victims

 Posted on January 08, 2024 in Personal Injury

San Jose Car Crash LawyerWhen a person is involved in an accident, such as a car crash or a slip and fall accident, bone fractures are some of the most common injuries that can occur. Broken bones can cause severe pain and limit a person’s mobility, and they often require extensive medical treatment. If you have sustained a bone fracture in an accident that was caused by someone else's negligence, it is essential to consult with an experienced attorney who focuses on helping injury victims seek compensation for their damages. With a legal advocate on your side, you can make sure your rights will be protected, and they can fight for your rights while you focus on your recovery.

Common Types of Bone Fractures

There are several different types of bone fractures that can occur depending on the force applied to the bone and its location within the body:

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Why Is Drunk Driving Likely to Lead to Car Accidents?

 Posted on December 27, 2023 in Car Accidents

Santa Clara drunk driving accident lawyerDrunk driving remains a significant problem in the United States, contributing to a large number of car accidents and fatalities each year. Despite the numerous public awareness campaigns and strict laws against driving while under the influence of alcohol or drugs, many people continue to get behind the wheel while they are intoxicated. By understanding why drunk driving is so likely to lead to car accidents, people can take steps to avoid acting in ways that put others at risk. For those who have been injured by drunk drivers, an experienced attorney can help them take legal action to recover compensation for their damages.

Drivers who have drunk alcohol before getting behind the wheel may experience a variety of impairments, including:

Impaired Judgment and Decision-Making

Alcohol impairs various cognitive functions that are necessary for safe driving, including the ability to make prudent decisions and exercise good judgment. When under the influence of alcohol, drivers are more likely to take unnecessary risks, such as speeding, running red lights, tailgating closely behind other vehicles, or engaging in dangerous maneuvers that they would not attempt while sober. They may feel invincible and overestimate their driving abilities, leading them to make reckless decisions on the road. They may also struggle with assessing distances accurately or reacting promptly in emergency situations. This impaired judgment significantly increases the likelihood of being involved in a car accident.

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3 Reasons Why Fatal Pedestrian Accidents Occur in San Jose

 Posted on December 19, 2023 in Car Accidents

San Jose pedestrian accident lawyerSan Jose is a vibrant city known for its technological advancements and bustling streets. However, with this growth has come an unfortunate increase in fatal pedestrian accidents. Families of people who have been killed in car accidents will need to determine who was responsible, and with the help of an experienced attorney, they can take legal action to recover financial compensation that will address their losses. An attorney who has experience with cases involving fatal car accidents can ensure that families in these situations will be able to achieve justice for their tragic losses.

Over the past 15 years, there has been a troubling trend throughout the United States in which pedestrian accidents have increased, with a large number of people being killed after being struck by drivers during the nighttime. People in San Jose have been affected by this issue, with 32 pedestrian deaths occurring in 2022, a significant increase from previous years. While several issues have led to more pedestrian accidents, some of the most common factors in these cases include:

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The Effects of Burn Injuries on a California Personal Injury Case

 Posted on February 05, 2021 in Catastrophic Injuries

San Jose burn injury attorneyIn a severe car crash or workplace accident, it is possible for a victim to suffer a variety of catastrophic injuries. Many of these injuries, including brain injuries, spinal cord injuries, and broken bones, are caused by a forceful impact, such as in a collision or a fall. However, burns are another common form of catastrophic injury, and they tend to have a different set of causes. If you suffer burn injuries due to someone else’s negligence, you should be aware of the compensation to which you may be entitled.

Common Causes of Burn Injuries

When a vehicle accident results in burn injuries, it is often because fuel, oil, or another flammable substance leaks and ignites, causing a fire or even an explosion. A person who is caught in the flames or trapped in a burning vehicle can suffer severe injuries, including third-degree burns that penetrate to the deepest layer of skin. Burn injuries are also possible in a truck accident when the truck is carrying flammable cargo or dangerous chemicals.

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How Does Improper Maintenance Lead to California Truck Accidents?

 Posted on January 15, 2021 in Truck Accidents

San Jose improper maintenance truck crash lawyerSemi-trucks and other large commercial vehicles are already challenging to control when all of their parts are working properly. If a part malfunctions due to insufficient or improper maintenance, it may be enough to cause a serious accident. Truck accidents account for thousands of injuries and hundreds of fatalities in California every year, and improper maintenance is a factor in many of these cases. If you have been injured in a crash with a truck, you may be able to pursue compensation from multiple negligent parties.

Common Faulty Parts in a Truck Crash

If any of the following truck parts are poorly maintained, they may fail at an inopportune moment and lead to a crash:

  • Brakes - Working brakes are crucial to ensure that a truck can slow or come to a stop if necessary to avoid a collision. When brakes fail on the highway, a truck can easily lose control of its speed.

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Recovering Lost Wages After a California Car Accident

 Posted on January 08, 2021 in Personal Injury

San Jose CA personal injury lost wages attorneyIf you have been injured in a car crash caused by another driver’s negligence, one of your biggest concerns is likely recovering compensation for your medical bills. However, depending on the situation and the severity of your injuries, you may have other financial concerns as well, not the least of which are your lost earnings from any missed work time due to your accident. Fortunately, lost wages in both the past and future are included in the economic damages that you may pursue in a personal injury lawsuit.

Compensation for Lost Earnings and Earning Capacity

There are two primary reasons why you may lose income in the aftermath of a car accident injury. The first is missed time from work during your treatment and recovery. For relatively minor injuries, this could be limited to a couple of days in the hospital, but if your injuries are severe, your recovery may extend for several weeks during which you are unable to perform your usual work tasks.

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Why Are There So Many Pedestrian Accidents in California?

 Posted on December 31, 2020 in Car Accidents

San Jose CA pedestrian accident lawyerAccording to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities from car accidents have recently reached a 30-year high. California is responsible for more pedestrian deaths than any other state, with almost 900 in 2018 alone. In part, this is due to the state’s large population, but California also has a higher rate of pedestrian fatalities than many other states, with pedestrians accounting for almost 25 percent of all traffic deaths. In light of these shocking statistics, you may be wondering why pedestrian accidents are so common, and what you can do to avoid becoming a victim.

Factors That Lead to Pedestrian Accidents

One likely reason for the prevalence of pedestrian accidents in California is the presence of several major cities. The NHTSA reports that 80 percent of fatal pedestrian accidents happen in urban areas, and California is home to four of the 15 largest U.S. cities by population, including San Jose and San Francisco. If you are walking in an urban area in California, you should take extra care to stay aware of your surroundings and avoid putting yourself at risk.

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What Are Non-Economic Damages in a Personal Injury Case?

 Posted on December 11, 2020 in Personal Injury

San Jose CA personal injury attorneyIf you have been injured in a car crash or any other accident, the financial costs can be high due to medical bills, property damage, missed time from work, and other expenses. A personal injury claim can often help you recover compensation for these economic damages if your injuries were caused by the negligence of another party. However, in some cases, the economic damages may not fully reflect the impact of your injuries on your life, and it may be worth working with your attorney to pursue further compensation for non-economic damages.

Examples of Non-Economic Damages

The purpose of non-economic damages is to provide compensation for losses due to injury that are not easy to quantify. Often, these losses are related to your mental state or your personal life. Some reasons to pursue compensation for non-economic damages include:

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