Menu

Santa Clara County personal injury attorney

The National Highway Traffic Safety Administration (NHTSA) reports that approximately 90 percent of vehicle occupants in recent years use a seat belt and that seat belts save almost 15,000 lives each year. However, failing to wear a seat belt is still a significant factor in many vehicle-related deaths, as 47 percent of people killed in vehicle accidents in 2017 were not wearing a seat belt at the time. Even if you survive a car accident in which you were not wearing a seat belt, you may experience serious injuries resulting in costly medical expenses and a lasting impact on your quality of life. Furthermore, your failure to wear a seat belt may actually result in less compensation in a personal injury case.

How Do California Seat Belt Laws Affect Negligence?

California law requires vehicle occupants to wear a seat belt under most circumstances in recognition that doing so is the most effective way to save lives in the event of an accident. If you are wearing a seat belt and driving responsibly and you are involved in an accident caused by another driver’s negligence, you may be able to reduce or avoid serious injuries entirely. If you are seriously injured under these circumstances, you can make a strong claim that the other driver was completely at fault for the accident and seek full compensation for any damages resulting from your injuries.

...

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.

...

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.

...

san jose personal injury attorneyWhether it be by a yellow school bus, the Santa Clara Valley Transit Authority (VTA), an intrastate bus line connecting various cities throughout California, or an interstate bus line that transports people from one state to the next, public transit buses are a valuable and affordable transportation option for all. Unfortunately, they can also be exceedingly dangerous when an accident occurs, and the dangers are not limited to passengers only. When it comes to bus accidents, anyone in the vicinity, including pedestrians, bicyclists, other drivers, motorcyclists could be at risk—children and adults alike.

Buses on American Roadways Experience Thousands of Accidents per Year

Although buses are thought to experience fewer accidents than the collective of individual drivers each year, a 2010 study from the University of Michigan’s Transportation Research Institute shows that these accidents occur far more often than most realize—and many are catastrophic. According to the study’s findings analysis, approximately 63,000 accidents involving buses occur each and every year. Furthermore, a comparative study from the Journal of Safety Research found that, while bus accidents account for an overall small share of the traffic accidents in America each year, their accident per million passenger miles is comparable to those of individual automobile drivers.

...

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. 

...
AvvoAV10 Best Personal Injury American Justice SCCTLA CAOC

Contact Us Now

Schedule a Free Consultation

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.

NOTE: Fields with a * indicate a required field.
*
*
*
*
John J. Garvey, III
10 Almaden Blvd, #1220
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

Map and Directions