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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 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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San Jose personal injury attorneyThe holidays can be the most magical time of the year. Seeing old friends and family, watching children open presents, or sharing a favorite holiday meal can put a smile on anyone’s face. The holidays are also the time of year that many people travel. The increase in traffic combined with hurried drivers eager to make it to their destination on time can make travelling during the holidays challenging. When individuals add drinking and driving to the equation, the risk of getting into an auto accident skyrockets. The National Highway Transportation Safety Administration (NHTSA) estimates that drunk driving usually contributes to approximately 30 percent of highway fatalities. However, this number doubles to nearly 60 percent during the time between Thanksgiving and New Year’s Day. This holiday season, make a commitment not to drive under the influence of drugs or alcohol.

Always Have a Travel Plan that Involves a Sober Driver

For many, the holiday season is filled with social events. People visit with relatives, have gift exchanges, and often enjoy a cocktail or two together. Most workplaces have a holiday parties as well. If you plan to celebrate the holidays with a few drinks, always make sure to have a plan for getting home. Waiting until you are already drinking to make transportation arrangements can be disastrous. This is partly because in addition to giving drinkers that warm feeling of holiday cheer, alcohol also affects the decision-making parts of the brain. Alcohol use stimulates a neurotransmitter called norepinephrine. High levels of norepinephrine lower drinkers’ inhibitions and increase impulsivity. As a result, those who normally make rational decisions about road safety may find themselves impulsively getting behind the wheel after a few drinks. A driver is much less likely to consider the potential consequences of his or her actions after consuming alcohol. This is why it is so critical to have a plan for transportation in place before you start drinking.

Contact a South Bay Car Accident Injury Attorney If You Have Been Injured in a Car Crash

Car accidents can lead to life-altering catastrophic injuries like traumatic brain injury, spinal injury, or paralysis. Even milder injuries like whiplash, soft tissue injuries, and broken bones can leave an individual unable to work and burdened with medical bills. To learn how you may be able to receive compensation for your injuries, contact our highly knowledgeable San Jose car accident lawyer. Call us at 408-293-7777 to schedule your free initial consultation.

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San Jose personal injury attorneyWhen you have been hurt in a car accident, you may be facing a myriad of challenges, including recovering from your injuries, getting back to work, and generally dealing with the aftermath of the crash. Unfortunately, things can become even more difficult when the insurance companies get involved.

While insurance coverage is a consideration in virtually every car accident, it is not uncommon for carriers to offer much less than you would need to start putting your life back together properly. Insurance companies are well-known for their “lowball” settlement offers that seek to minimize their payouts and avoid costly litigation.

Protecting Yourself from Insurance Companies

If you were injured in a crash and are in the process of negotiating with an adjuster—either from your own insurer or that of the party who caused your accident—it is important to keep in mind that:

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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, #1220
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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