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Santa Clara County personal injury attorney premises liability

Due to the perennially warm climate, residential and commercial properties in California may require regular fumigation to help protect the health of both the buildings and their residents from infestations. Among the nastier types of insects, Californians may have to contend with are bed bugs, cockroaches, and termites. A report released by Orkin Pest Control ranking the top 50 cities most at risk for termite damage in the United States placed three major California cities within the top 15: San Diego in 11th place, San Francisco at 9th, and Los Angeles as the 2nd most at risk for termite damage in the entire country.

Due to the high risk of infestation, especially along coastal cities including San Jose, CA properties may require pest control operations—including fumigation—from time to time in order to ensure the structural integrity of buildings and the health of their residents. Although the process of fumigation is often considered low risk for humans when proper precautions are taken, the recent death of a Whittier resident as reported by The Mercury News highlights the fact that pest control operations are not without risk. “Pest exterminators were not actively working at the house at the time, but it was still filled with toxic chemicals,” the news agency reported.

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Santa Clara County defective product injury attorney

Injuries associated with consumer products accounted “for nearly one-third of all unintentional fatal injuries and nearly half of medically attended nonfatal injuries,” according to a report released by the U.S. Consumer Product Safety Commission (CPSC) in 2018. Based on the latest data available—41,200 Americans are fatally wounded by a consumer product-related injury every year, and 39.8 million will require medical treatment for their injuries. This means nearly one out of every 10 Americans will receive medical attention due to such an injury.

What Is a Consumer Product?

The CPSC is a government agency created to protect citizens “from unreasonable risk of injury and death associated with consumer products.” The regulatory body excludes some common items from the definition of a “consumer product” because these items fall under the jurisdiction of other government agencies, including, but not limited to boats, firearms, tobacco, automobiles, and more.

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San Jose premises liability lawyersFor many people, there is little else they would rather do on a nice day than go golfing. While we do not typically think of golf as a sport that is likely to cause a player injury, serious golf resort injuries do occur. In some cases, the injury is simply caused by bad luck. In other cases, the injury is a direct result of the golf resort’s failure to maintain a safe premises. If you or a loved one have suffered a major injury at a golf course, you may wonder whether or not you will be entitled to compensation. Determining fault for a golf-related injury is often a tricky process, so getting help from an experienced personal injury attorney is crucial.

Premises Liability Injuries on a Golf Course

Golf is not a high impact sport, however, there are still many ways that someone playing golf can be seriously injured. Sometimes, the injury is the result of the player’s own actions. For example, if a golfer is driving a golf cart in a wildly erratic manner and crashes the vehicle, it is unlikely that the golf resort would be held liable for the golfer’s injuries. However, a golf resort may be liable for injuries caused by an unreasonably dangerous condition on the property.

Examples of injuries that may occur on a golf course include but are not limited to:

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San Jose personal injury attorneysIf you are like most people, you probably think of Memorial Day as the official beginning of summer activities. You may enjoy a cookout or day at the lake to commemorate the holiday, or you may simply enjoy the long weekend at home with your family. Whatever your Memorial Day plans, you should know that the risk of being a car accident or boat accident will be higher than normal during the holiday weekend.

Car Accidents Increase During Holidays

Memorial Day is considered one of the most dangerous days to be on the road for several reasons. For many, the holiday would not be complete without a summer cocktail or cold beer. Unfortunately, some people underestimate the amount of alcohol they are consuming and end up intoxicated behind the wheel. Drunk driving accidents peak during holidays such as Memorial Day. During the 2016 Memorial Day weekend, 36 percent of fatal car accidents involved a driver impaired by alcohol. Drugged driving is also a serious concern. People under the influence of cannabis, prescription drugs, or other substances may experience delayed reaction time and other effects that make them more likely to cause an accident. If you are planning to be on the roads during the upcoming holiday, make sure to be extra vigilant for drivers who are impaired by drugs or alcohol.

Boating Accidents Are Often Taken Too Lightly

Nothing beats the feeling of cruising around in a boat. Unfortunately, boating can be a risky activity. Each year, hundreds of people lose their lives in boating accidents, and thousands more are injured. Alcohol use is also a leading contributing factor in serious boat accidents. People who would never consider driving drunk justify boating under the influence of alcohol because they mistakenly believe that it is not as dangerous. Operator inexperience, operator inattention, excessive speed, improper lookout, and machinery failure are also top contributing factors in boat accidents.

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San Jose personal injury attorneysAn unexpected accident such as slip and fall can happen to anyone at any time. Every year, millions of individuals are injured in accidents on both public and private properties. Some of these injuries are caused by defective conditions on the property itself. Buildings that are not in compliance with state and local building codes can present an unreasonable risk to guests to that property. If you or a loved one were injured in an accident involving building code violations, you may be entitled to compensation.

Understanding the Importance of Building Codes

“Building codes” refers to the standards that regulate building design and construction. Building codes require materials, building practices, and structures to meet certain standards for reliability and safety. Common building code violations include:

  • Structural defects
  • Broken or unstable stairways or guardrails
  • Leaky gas fittings
  • Improper electrical wiring
  • Inadequate signage

Both residential properties and commercial properties must be built according to code. As a building ages, the property owner is required to maintain the property in such a way that it does not represent an unreasonable risk of injury to guests. If a building does contain an unreasonably dangerous hazard and a person is hurt by the dangerous condition, the building owner or building manager may be legally responsible.

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San Jose personal injury attorneysMany people do not realize that many physical injuries also cause serious mental injuries. A person who is involved in a brutal car accident may experience extreme anxiety and fear for months or even years after the accident. An individual who is hurt in an attack caused by negligent security may experience flashbacks and nightmares of the incident that leave him or her unable to live a normal life. If you have been involved in a serious accident and are now suffering psychological symptoms as a result, you may be able to get compensation for these mental injuries through a personal injury lawsuit.

Post-Traumatic Stress Disorder

One of the most common types of mental injuries that a person involved in an injury-causing incident can develop is post-traumatic stress disorder (PTSD). The symptoms of PTSD include flashbacks, nightmares, emotional numbness, insomnia, problems with concentration, being easily startled, and more. A person suffering from PTSD may go out of his or her way to avoid activities or places that remind him or her of the traumatic experience. Someone involved in a car accident may find it hard to even ride in a vehicle let alone drive after the incident. The symptoms of PTSD can dramatically affect a person’s ability to function normally.

Proving Mental Pain and Suffering

Unlike most physical injuries, a mental injury is not obviously evident. It can be challenging to prove the extent of mental anguish a person suffers because of an accident. Getting a formal diagnosis from a mental professional can significantly strengthen your case. If you have experienced stress, anxiety, depression, or PTSD symptoms after an accident caused by another’s negligence, you may be able to get compensation for these symptoms. A personal injury lawyer experienced in pursuing noneconomic damages such as these is essential in bringing a personal injury claim.

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San Jose personal injury attorneysAccording to the Centers for Disease Control and Prevention (CDC), drivers between the ages of 16 and 19 years old are at a higher risk for a car accident than those in any other age group. In facts, teenage drivers are three times more likely per mile driven to be involved in a fatal accident that drivers over the age 20. Some teens, of course, are very conscientious drivers, but unfortunately, accidents still happen. A recent study suggests that that monitoring levels of a certain stress hormone may help predict how likely a teen is to be involved in an accident.

Testing Cortisol Levels

The study found that newly-licensed teenagers who produced lower levels of the stress hormone cortisol were more likely to be involved in an accident or near-accident. According to Dr. Dennis Durbin, co-scientific director of the Center for Injury Research and Prevention at the Children's Hospital of Philadelphia, this may indicate that people who experience heightened emotions in stressful situations use those emotions to learn more quickly when behind the wheel. Dr. Durbin did not conduct the study, but he did co-write an editorial that was published along with the findings.

The study was conducted by a team of researchers at the University of Sherbrooke in Quebec and involved newly-licensed drivers from the state of Virginia. Each of the drivers was 16 years old and had received their probationary driver's licenses less than three weeks prior. Saliva samples were tested while the subjects were subjected to increased stress during a timed math test. The teens' vehicles were then fitted with technology to record accidents or near-accidents for the next 18 months. Those who had the highest levels of cortisol had the lowest crash or near-crash results.

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San Jose trucking accident lawyersThe trucking industry is absolutely essential to the flow of goods across the United States. An estimated 80 percent of U.S. cargo is transported by hard-working men and women who drive tractor-trailers, 18-wheelers, and other large trucks. Driving a semi-truck across the country can a tedious and isolating job. Truck drivers are expected to endure harsh road and weather conditions, long periods of time away from family and friends, and erratic sleep schedules. Unfortunately, some truck drivers turn to drugs and alcohol to cope with the strenuousness of their job. Considering how destructive truck accidents can be, the prevalence of drug and alcohol use in truck drivers is extremely concerning.

Fatal Truck Accidents on the Rise

The same features that make 18-wheelers and other large trucks so useful for transportation make them deadly during a traffic accident. A large truck cannot maneuver through traffic the way an averaged sized vehicle can. If a stalled vehicle suddenly blocks the road ahead, for example, cars may have enough time to dodge the stalled vehicle or come to a stop. A fully-loaded tractor-trailer takes approximately 20-40 percent farther to come to a stop than a small car does. This difference in stopping time can mean the difference between life and death. Data shows that there were just under 4000 fatalities caused by truck crashes in 2016. This number represents a 27 percent increase from the number of fatalities in 2009.  

Half of Truck Drivers Admit to Drinking and Driving

In an extensive worldwide study of truck drivers published in the journal Occupational and Environmental Medicine, it was found that half of truck drivers admitted to driving under the influence of alcohol. Nearly one-third of truck drivers surveyed admitted to using amphetamines. When participants in the study were tested for drugs and alcohol, 12.5 percent of U.S. truck drivers tested positive for alcohol. Although many truck drivers are already required to submit to drug testing, many people are advocating for stricter rules regarding truck driver drug and alcohol use. If a truck driver causes a serious auto accident while under the influence of drugs or alcohol, he or she can be held liable for the damages caused.

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San Jose personal injury attorneyIn decades past, a diagnosis of Human Immunodeficiency Virus (HIV) was akin to a death sentence. However, incredible advances in both HIV treatment and prevention have significantly reduced the number of people who die from Acquired Immunodeficiency Syndrome (AIDS). By simply taking a pill, many people have been able to successfully reduce their chances of acquiring the HIV virus while others are able to take medications to slow the progression of AIDS. However, a product liability lawsuit aimed at a company who manufactures these types of drugs asserts that the drugs are not as safe as the public has been led to believe. The AIDS Healthcare Foundation is now asking one HIV/AIDS drug manufacturer to compensate victims for exposing them to unnecessary medical risks associated with these drugs.

HIV Litigation Attorneys Demand Victim Compensation

A lawsuit filed in Alameda County seeks to hold HIV/AIDS drug manufacturer Gilead Sciences Inc. accountable for purportedly failing to fix a defect in one popular medication. The lawsuit alleges that a medication manufactured by Gilead Sciences Inc. which is designed to prevent and treat HIV/AIDS was not as safe as it could have been.

According to the lawsuit, there were known defects with the formulation of a medication called tenofovir disoproxil fumarate (TDF), but these issues were not resolved. Supposedly, a safer version of the drug, called tenofovir alafenamide (TAF), was available but Gilead Sciences chose instead to continue manufacturing and selling the defective drug for financial reasons. The lawsuit also alleges that Gilead did not adequately warn patients of the dangerous side effects associated with TDF and even purposely mislead the public about TDF’s safety and efficacy.

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Santa Clara County personal injury attorneyIf you are a parent, you probably already know how difficult it can be to leave your child in the care of others. Working parents across the nation trust daycare, before and after school program, and other child care workers to take care of their precious loved ones. They trust that the staff at the child care facility will keep a sanitary and hazard-free environment and that their child will return from the facility without injury. Unfortunately, this not always the case. If your child was injured by a negligent child care facility, you may be able to recover compensation for your damages.

Daycare Injuries and Illnesses Should Be Assessed by a Medical Professional

If your child was injured or contracted an illness at daycare, it is crucial that you have their injuries checked out by a doctor or other qualified medical professional. If the injury is due to a negligent facility or staff member, you may consider seeking compensation for the damages at a later date. Evidence in the form of an official medical record is almost always necessary to bring a successful personal injury claim and child care injuries and illnesses are no exception. Some injuries and illnesses can seem minor at first, but then develop into more serious conditions. Getting your loved one checked out by a professional not only secures your ability to seek compensation in the future, it may also prevent the child’s condition from worsening.

When Is a Daycare Injury or Illness Caused by Negligence?

Of course, not every injury or illness sustained at a childcare facility is the fault of the facility or staff. Sometimes accidents just happen. According to the law, childcare workers have a “duty of care” to children. This means that they must take reasonably competent steps to prevent children from being hurt. Many childcare facilities and programs have certain adult-to-child ratios which they claim to maintain. If a child was injured because there were too many children being supervised by one adult, or there was no supervision, the facility would likely be considered negligent.

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San Jose hit and run accident lawyerBeing in any type of car accident can be a terrifying ordeal, but being involved in a hit and run may be the worst type of accident to be involved in. When a driver causes a car crash and then intentionally leaves the scene of the accident without providing contact information, the victim may incorrectly assume there is nothing they can do to get compensation for their damages. However, there are several things hit and run victims can do to maximize their chances of getting reimbursement for their injuries and property damage.

Always Call the Police Immediately After a Hit and Run

It can be infuriating to be the victim of a hit and run accident. Understandably, some people feel tempted to chase after the person who hit them and sped away from the accident scene. However, doing this can make your situation much worse than it already is. You could cause another accident or exacerbate your injuries by attempting to catch the person who caused the crash. You could also face criminal charges if you break traffic laws in your pursuit of the other driver. Instead, call the police immediately after being involved in a hit and run. A police report chronicling the details of the accident is almost always needed to pursue a civil claim for a hit and run. Furthermore, a police report will likely make your auto claims process faster.

Collect Evidence and Speak with Witnesses

If you are not too injured to do so, make sure to gather as much information as you can about the circumstances of the accident. Take pictures or make note of the make, model, and color of car that hit you. Also speak with any witnesses to the accident and write down their contact information. These witnesses may be a valuable asset when it comes time to proving your claim.

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Santa Clara County premises liability attorneySometimes injury-causing accidents happen simply because of bad luck. However, if you were injured on another party’s property because that property was not safe or because the property owner/manager was negligent, you may have a valid premises liability case. Many premises liability claims stem from slip and fall accidents, broken staircases, falling objects, negligent security, and unsafe conditions caused by building code violations, however, these are not the only types of situations which can necessitate an injury claim. If you have been injured on property belonging to someone else and you want to pursue compensation, make sure to take the following steps.

File an Incident Report When Possible

Premises liability cases can result from an injury at a residence, government establishment, business, public place, or other property. The type of property on which you were injured will determine the steps you should take to maximize your chances of obtaining reimbursement. If you were hurt at a retail store or other business, speak with a manager and ask to fill out an incident report. Make sure to also get a copy of the report for your own records. If you were injured on a residential property, notify the property owner of your injury as soon as possible.

Get Medical Attention Right Away

It can be nearly impossible to bring a successful injury claim without medical documents which prove the extent of your injuries. Even if you believe that your injuries do not require emergency medical attention, go to the hospital or a doctor’s office immediately after an injury-causing accident. Many times, people do not realize how injured they actually are after an accident because of the pain-reducing effects of the “fight or flight” hormone adrenaline.

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San Jose personal injury attorneysSchools, daycares, and other institutions responsible for the safety of children are held to very high standards. These facilities have a legal obligation to make the premises safe and free from unreasonable dangers. This includes keeping the buildings and grounds free from hazards like broken stairs as well as making sure children are adequately supervised. Sadly, one California family is grieving after their teenaged son passed away in an incident at a Colorado school.

Drunk Driver Hits 15-Year-Old Student Who Wandered from Campus

The young teen who tragically lost his life was adopted by his parents at age three. He had been in foster care and was suffering from symptoms related to a traumatic brain injury. The parents struggled to find a school which could appropriately meet their son’s unique needs, so they sent him to a school specializing in behavioral health issues. In August of last year, the 15-year-old wandered off of the school campus and was stuck and killed by a drunk driver. The driver, who had a blood alcohol content of 0.189 percent, fled the scene of the crime but was later found and arrested by the police. He pled guilty to vehicular homicide-DUI and leaving the scene of an accident involving death.

Parents Say Special Needs Teen Was Not Properly Supervised

Parents of the young man who passed away believe that their son would still be alive if school personnel had been more vigilant. The school is designed for students who suffer from intellectual and developmental disabilities and mental health issues. The young man’s parents say that school staff knew that their son needed constant monitoring and close supervision. They believe that the school was negligent in their failure to properly supervise their child and keep a secure facility. They are suing the facility for negligent supervision and wrongful death. If they are successful in their suit, the school will likely be forced to pay the parents compensation for damages related to the teen’s death. These damages could include compensation for medical bills related to their son’s death, funeral expenses, the loss of love and companionship of the child, and for destruction of the parent-child relationship.

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Santa Clara County dog bite injury attorneyWhile most dogs live up to their reputation as “man’s best friend,” it is important to remember that some dogs do pose a danger to people. Dogs who have been bred and trained for the purposes of fighting or guarding can be especially vicious animals. According to the California Department of Public Health, nearly 80 percent of all the animal bite injuries that took place in California between 2006 and 2010 were caused by domestic dogs. Across the country, about 750,000 dog bite victims require medical care each year. When a dog bites another person because the owner of the dog was negligent, the owner can be held liable for any damages caused by the bite.

Young Girl Brutally Mauled by Akita While Visiting Kennel

Recently, a 7-year-old girl was severely injured after she was attacked by a dog at a nonprofit Akita rescue kennel in Romoland, California. The attack was so brutal that the young girl needed an astounding 1,000 stitches and three hours of surgery. Because the bites were primarily to her face, it is possible that the girl will be permanently disfigured as a result of the bites. Disturbingly, the dog was listed on the nonprofit’s Facebook page as looking for “a kid he can play with.”

What makes this story even worse is that this attack is not the first one which has occurred at the kennel. In fact, animal service officers discovered that five other serious dog bite incidents involving dogs from this kennel have occurred since 2013. Because of the severity of this most recent attack, law enforcement officers are seeking a destruction order for the Akita who mauled the young girl. 

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California amusement park injury attorneyFor many, visiting a theme park or fair is one of the most exciting parts of summer. While the vast majority of rollercoasters, haunted houses, and other attractions are safe for the public to enjoy, sometimes lapses in safety precautions lead to horrific accidents. While we sometimes hear about catastrophic injuries and deaths due to ride malfunctions on the news, these are not the most common amusement park accidents. More often, unchecked environmental hazards or inadequate security are to blame for a guest’s injury or death. When a park or park staff’s negligence causes the death or injury to a visitor, the park may be held liable for damages through an injury lawsuit.

Parks That Skimp on Maintenance Can Cause Deadly Accidents

Many Californians vividly remember the terrible accident which occurred at Disneyland in September of 2003. The derailment of the rollercoaster “Big Thunder Mountain Railroad” lead to the death of one 22-year-old man and the injury of ten other park guests. Investigators eventually determined that inadequate maintenance was the cause of the fatal derailment.

More recently—just a few days ago, in fact—a log ride malfunctioned at Castle Park Amusement Park in Riverside, California. One of the ride’s boats overturned, leaving one guest in critical condition and two others with moderate injuries. Park officials claim that the accident was caused by a problem with the ride’s water pump, but investigations are still underway.

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San Jose personal injury attorneyMany people consider Memorial Day to be the unofficial start of summer fun. You may have plans to take a boating trip, enjoy a backyard barbeque, or visit family this Memorial Day. Whatever your plans may be, make sure you are always taking steps to keep yourself and your family safe. Memorial Day is considered one of the riskiest days on which to operate a motor vehicle in the United States. The increase in the number of vehicles on the roads plus the common presence of alcohol at Memorial Day celebrations can be a deadly combination. Boating accidents are also common on Memorial Day for similar reasons.

Drunk Driving on Memorial Day

According to The National Safety Council, approximately 400 people may lose their lives in traffic accidents this Memorial Day weekend across the country. This estimate is based on the number of fatal accidents from previous Memorial Day weekends plus other data. Drunk driving is an especially concerning risk factor during this time because many people attend gatherings in which alcohol is served.

If you are planning on driving during the holiday period, make sure to take extra precautions to keep yourself and other motorists safe. Avoid drinking and driving, and always wear a seatbelt. Additionally, keep your eyes open for motorists who are making erratic lane changes, speeding, drifting between lanes, or otherwise driving dangerously as these motorists may be intoxicated.

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San Jose personal injury attorneyWalking instead of using a car for transportation has many environmental and health benefits. Unfortunately, recent studies show that simply walking down the street is now more dangerous than ever. According to a report published earlier this year from the Governors Highway Safety Association (GHSA), pedestrian deaths from car accidents are higher than ever. In 2008, a little over 4,000 pedestrians lost their lives in the United States. In 2017, that number had risen to just under 6,000 deaths. If you or someone you love was struck by a vehicle, you may be entitled to compensation for your damages.

Night Continues to Be the Most Dangerous Time for Pedestrians

The overall number of pedestrians who were killed in traffic incidents has risen dramatically in recent years. In fact, pedestrian fatalities for 2018 are projected to be the worst in nearly 30 years. Interestingly, daytime pedestrian fatalities have remained relatively constant while nighttime incidents have increased dramatically. During the period from 2008-2017, approximately 90 percent of pedestrian deaths happened at high. Experts suggest wearing reflective clothing when walking at night whenever possible.

Intoxicated Drivers are a Major Risk to Pedestrians

Not surprisingly, being under the influence of drugs or alcohol drastically increases the chances of being involved in a car accident. Nearly half of all pedestrian fatalities in 2017 involved a driver under the influence of one or more substances. Federal regulators are working to figure out other reasons for the extreme rise in pedestrian fatalities. Some believe that the rise in deaths could be related to the increasing number of larger vehicles like trucks and SUVs on the road. Distracted driving is also a major concern for both motorists and pedestrians. Texting and driving is a disturbing trend which is especially hazardous.

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San Jose truck accident attorneyDriving an 18-wheeler truck or tractor-trailer is not an easy job. Often, drivers are expected to drive hundreds of miles a day and deal with stresses like traffic congestion, detours, and other slowdowns which make their days even longer. Unfortunately, this leads to many drivers being chronically exhausted and sleep-deprived. Some truck drivers end up taking stimulants just to stay awake and drive. If you were injured or a loved one was killed in an accident involving a fatigued or otherwise incapacitated truck driver, you may be able to get financial compensation for your losses.

Studies Show Truck Driver Fatigue is a Major Factor in Truck Accidents

In a study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), it was found that approximately 13 percent of serious crashes involving large trucks are caused by driver fatigue. Other factors which contributed to serious truck accidents include driver drug use, including both legal and illegal drugs, inattention to the road, and driver illness. Truck drivers are often operating vehicles that can weigh as much as 80,000 pounds. A vehicle of this size can do cause colossal damage during a crash.

Truck Drivers Must Follow Certain Rules Regarding Sleep and Rest

Because sleepy truck drivers are such a threat to motorists’ safety, there are certain state and federal regulations which dictate how many hours truck drivers can drive in a given time period. The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to take regular breaks to rest. A driver who is not following these federal guidelines may be considered negligent and liable for damages caused by an accident. Truck drivers must record the hours that they drove and when they rested in a log book. These log books are often crucial pieces of evidence during in a personal injury lawsuit against a truck driver or trucking company.

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San Jose personal injury attorneyGetting into a car accident can be terrifying. In the moments after an accident, most people are not considering the financial cost the accident will bring. However, after the accident is over and their injuries have been treated, the question of expense arises. If you have been hit by a distracted driver, you may wonder whether or not you have a valid personal injury claim. There are many factors which can contribute to the success or failure of accident injury claims. If you have been injured in a car accident due to someone else’s negligence, read on to learn more.

Drivers Texting and Driving Are Usually Considered Negligent

Texting and driving has become a serious danger in the United States. A shocking number of car accidents are directly linked to distracted, including texting or otherwise using a cell phone while driving. The statistics involving the dangers of distracted driving are sobering. Over 1000 people are injured every day in traffic accidents involving a distracted driver and approximately nine individuals die from these accidents each day.

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 660,000 drivers are using cell phones while driving at any one point in the day. Texting and driving is expressly illegal in California. The Wireless Communications Device Law states that drivers must not write, send, or read text messages while driving. Bluetooth technology or other hands-free devices may be used by drivers 18 years old and older, but certain restrictions still apply. If you can prove that the diver who hit you was illegally using his or her phone or other electronic device when the accident occurred, you will likely have a successful personal injury suit. 

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San Jose personal injury attorneyWe have all done it. You are driving along the highway when your phone rings. You know you should ignore the incessant ringing until you are not driving, but temptation wins and you reach for your phone. Distractions like cell phones contribute to nearly 80 percent of car crashes, according to some estimates The National Highway Traffic Safety Administration reports that 3,450 lives were lost in accidents involving a distracted driver in 2016. If you have been in a car accident caused by a driver who was not paying attention or was distracted, you may be able to recover compensation for your damages through a personal injury lawsuit.

Distractions Which Can Cause Traffic Accidents

For many, driving a motor vehicle becomes second nature. Although most people exhibit cautious behavior when they are first learning to drive, after a while, many people become careless regarding safe driving habits. About 2 percent of all distracted driver traffic fatalities are caused simply by drivers who take their hands off the wheel to adjust the radio or climate controls. Driving with other people in the vehicle can be a major source of distractions as well. About 5 percent of traffic fatalities in relation to distracted driving are attributed to the passengers in the car. This phenomenon is especially true of teenaged drivers. Research shows that when a teen drives with two or more passengers, the likelihood that they will be involved in a fatal car accident increases by a factor of five.

Mental Distractions Are Just as Dangerous as Physical Distractions

Some may assume that if they wait until they are no longer driving to check their text messages or change the radio station that they avoid the dangers of distracted driving. However, experts say that distractions outside of the car can be dangerous too. About 7 percent of distracted driver fatalities are caused by people or other distractions outside of the vehicle. The leading cause of distracted driving car accidents is simply drivers who are lost in thought. Research shows that over half of distracted driving accidents, about 62 percent, are caused by daydreaming.

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John J. Garvey, III
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