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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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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 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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Posted on in Personal Injury

San Jose personal injuryFor many communities across California and around the nation, Friday nights during the fall season mean just one thing: high school football. The game, in many areas, has become more than just recreation or competition; it is an institution with roots going back several generations. Of course, youth sports are available to children as young as four years old, with soccer and T-ball usually among their options. In the course of a game or practice, unfortunately, it is not common for young athletes to get hurt, and many coaches will tell you that such injuries are simply “part of the game.” But, how far does “part of the game” include, and what responsibility do parents have for assuming the risks?

Risks Inherent to the Activity

Regardless of the sport or physical activity and age level, there will always be the possibility of getting hurt. Certain types of injuries are considered acceptable dangers of the sport or activity. For example, recreational or competitive cyclists may be susceptible to pulled muscles and crash-related bumps, bruises, and broken bones. Likewise, a baseball or softball player is at the reasonable—yet accepted, in most cases—risk of being hit by a pitch or a batted ball.

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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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On May 28, it was reported that Bruce Jenner, who was involved in a car accident that killed a woman in California in February, asked the court to dismiss the lawsuit that was filed against him. The lawsuit was filed against Jenner in early May by the deceased woman's stepchildren.

In February, Jenner reportedly collided with a Lexus, which resulted in the vehicle being pushed into oncoming traffic. The Lexus slammed into a Humvee, killing the 69-year-old female driver of the Lexus. Five individuals who were in the Humvee suffered injuries that were considered to be non-life-threatening. Jenner was reportedly uninjured in the crash. The plaintiffs claimed in their lawsuit that they suffered enormous damages and that Jenner was driving negligently when the accident occurred.

Jenner's legal team stated that the two plaintiffs, ages 57 and 60, were financially independent and that Jenner should not be responsible for any damages they may have sustained. No charges were filed against Jenner and it did not appear that he was under the influence when he collided with the Lexus.

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A California mental health care facility has been accused of negligence in a wrongful death lawsuit by the soap opera star Kristoff St. John and his wife. The litigation follows the 2014 suicide of the couple's 24-year-old son Julian. The young man took his own life after a long battle with schizophrenia. However, 'The Young and the Restless" star claims that the tragedy was foreseeable and could have been prevented if his son had received adequate care.

The wrongful death lawsuit claims that staff at the Long Beach facility attempted to cover up their allegedly negligent actions by falsifying documents. The St. Johns say that their son had tried to kill himself with a plastic bag three weeks prior to his suicide, which should have placed medical staff on high alert.

In addition to not taking adequate steps to protect their son, the St. Johns allege in their lawsuit that the facility altered records to show that several regular checks had been made on Julian. They say that the checks were recorded in the facility's books even though they did not take place. The lawsuit also claims that the facility continued to receive Julian's welfare checks after his suicide. A representative for the facility said that the Los Angeles Department of Mental Health had conducted an investigation and determined that Julian St. John was provided with care appropriate to his condition.

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Many California residents have been watching the latest developments from the Amtrak crash near Philadelphia with a great amount of interest. Now one of the conductors who had been at work on the train when it crashed and suffered tremendous injuries has chosen to file a suit against Amtrak, alleging negligence.

The man had been taking a break when the train derailed and crashed. The force of the collision broke the man's back, neck and both shoulders. The injured man was then forced to extricate himself from the debris. Although there were many Amtrak employees on the train, and at least one other has already filed a lawsuit against the rail company, he is the employee believed to have suffered the most severe injuries.

There is no clear consensus at the moment as to what caused the train to crash. The conductor of the train received a concussion in the incident and does not appear to remember what caused the train to suddenly accelerate. Both the Philadelphia Police Department and the National Highway Traffic Safety Administration have announced their intention to thoroughly investigate the accident.

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An pre-dawn truck accident on Highway 41 near Fresno began when a fuel tanker truck hit the back of a truck hauling live poultry. The poultry truck was pulled over on the northbound side of the highway, according to the California Highway Patrol, but the reason for the stoppage was not immediately apparent.

The 39-year-old male driver of the poultry truck was outside the vehicle when the tanker truck hit. The accident resulted in the man being hit by the tanker truck and then dragged while pinned under a tire. The wreck then snowballed when a pickup truck and a second poultry truck also carrying livestock collided with the vehicles.

Community Regional Medical Center confirmed the death of the man who had been dragged under a tire. The crash also inflicted major injuries on the fuel tanker driver, a man from Visalia, California. Minor injuries were suffered by the Riverdale man driving the pickup truck while the driver of the second poultry truck remained unharmed. The highway patrol suspects fog might have played a role in the accident.

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Per a report from the U.S. Transportation Department, the number of people killed in large-truck crashes increased for the fourth year in a row, with nearly 4,000 fatalities in 2013. The National Highway Traffic Safety Administration states that deaths have increased by 17 percent since 2009, so it is no surprise that the U.S. National Transportation Safety Board is urging regulators to adopt a variety of new safety regulations.

In an interview, the NTSB's director stated that there are a number of technological improvements that are already available to help reduce crashes. Examples of this include new systems that use sensors to warn truckers when they are about to collide with another vehicle or are changing lanes.

Another issue that the NTSB points out is that driver fatigue is still a significant concern. While the board can make recommendations, it is not a legislative body, so trucking companies can ignore suggestions to improve managing fatigue on the roads. Additionally, Congress weakened regulations aimed at reducing driver fatigue due to a concern that the new rules might lead to a greater number of large trucks on the road during rush hours.

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An auto and bicycle accident turned fatal for three Sacramento residents on Oct. 23. Authorities from the California Highway Patrol reported that a female bicyclist was killed when a male Chevrolet Tahoe driver collided with her at Howe Avenue and Birney Way. Witnesses reported that the SUV was speeding at a minimum of 50 miles per hour as it suddenly changed from the southbound to the northbound lane of Howe Avenue.

The 53-year-old bicyclist riding against traffic in the northbound lane. She was struck and thrown 100 feet away from her bicycle when the Tahoe driver veered into the same lane. The SUV then caught fire after it struck a nearby tree in Belleview Park.

Both the bicyclist and the 24-year-old female passenger were pronounced dead at the scene. Authorities report that the passenger, who was not wearing a seat belt, was killed instantly from the impact of being thrown into the rear of the SUV. A civilian responder arrived at the scene of the accident with a fire extinguisher and attempted to pull the driver and his passenger out from the vehicle. The driver was taken to a nearby hospital for treatment of his serious injuries before he died.

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A motorist is dead and a 40-year-old semi-trailer driver is facing charges following a two-vehicle accident shortly after midnight in Ontario on Sept. 11. According to a report, the fatal crash was believed to have been caused by intoxicated driving.

According to police, the motorist died from injuries sustained after a man operating a semi-truck suddenly swerved and drove into the path of his sedan. Instead of stopping to help the victim, the truck driver allegedly continued eastbound on 60 Freeway where he crashed into a concrete barrier at an on-ramp. At this point, the man supposedly left his truck and walked down the highway for approximately a mile before police discovered and detained him near the Milliken Avenue on-ramp.

Although it was not reported if officers gave the man any sobriety tests, they claimed that he exhibited signs of inebriation. The accused man was taken to Rancho Cucamongo where he underwent booking procedures in the West Valley Detention Center. He has been charged with felony DUI while operating a commercial vehicle, felony hit-and-run and suspicion of vehicular manslaughter while intoxicated.

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California Highway Patrol reported that a multi-vehicle crash on Highway 152 killed one person and injured several others on July 21. The highway accident involved a tractor-trailer and eight other vehicles and took place on both the westbound and eastbound lanes of the highway near the Ferguson Road intersection.

Shortly before 5:25 p.m., a 48-year-old man driving a big rig was headed westbound when he approached a line of traffic that was stopped at a red light. Unable to stop his vehicle, the truck driver hit several cars before swerving into the path of eastbound traffic and colliding with several more. As the tractor-trailer lurched into a field, it pulled a sedan with it. The cab of the trailer and the sedan both caught fire.

While the truck driver was pulled to safety, the driver of the burning sedan died at the scene. Three other drivers suffered major injuries, and at least one person was transported to the hospital by helicopter. Other drivers involved in the crash suffered from minor and moderate injuries. The truck driver was not arrested, and police don't believe that alcohol or drugs were factors in the accident.

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After any fatal crash, the first question that is usually asked is whether compensation can be sought against the liable driver. Some of our San Jose readers may have asked similar questions about the crash that happened north of us near Orland. The crash involved a FedEx truck and a tour bus carrying high school students on their way to Humboldt State University in Northern California. But when the FedEx truck crossed the center median, slamming into the tour bus, the resulting crash caused both vehicles to burst into flames, killing both drivers, three adults and five students.

Now, the first of potentially many personal injury lawsuits has been filed against FedEx by the mother of one of the victims. According to her wrongful death claim, the crash could have been avoided if FedEx had maintained its vehicles better. She claims that truck was on fire prior to the collision that killed her daughter -- a problem that the package delivery company has had a history of with other vehicles. But the woman claims that the company has not done anything to remedy this problem, which some are considering to be negligent.

On behalf of her daughter, the woman is seeking $100 million in compensation in attempt to not only hold FedEx accountable for its negligence but to prevent a similar accident from happening again to another family. And because California does not have any cap of damages in tort cases such as this, it’s possible that the settlement amount may not be decreased.

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Most of our San Jose readers are probably used to seeing wrongful death lawsuits most commonly associated with fatal accidents, such as car accidents or motorcycle accidents, where a death occurred due to one party's negligence. However, one wrongful death claim that was recently filed against the city of Modesto and the Modesto Police Department arose under much different circumstances.

According to the reports, the incident in question in the lawsuit occurred back over the course of the late evening hours of June 21 and into the early morning hours of June 22. The reports indicate that a young mother, a 26-year-old Modesto resident, died in her home after she set fire to the residence. As sad as that sounds, it appears that the lawsuit is alleging that the death of this young woman should have been prevented.

It seems that police officers responded to this woman's home after she placed a call to 911. After the law enforcement officials arrived at the scene and evaluated the situation, which the reports indicate included seeing the woman holding a knife and, in general, acted distraught, the decision was made to remove the woman's 4-year-old daughter from the situation. But, the biggest mistake that the lawsuit alleges was made by the authorities was to leave the 26-year-old mother alone at the scene afterward. The fire at the woman's residence started shortly thereafter.

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The occurrence of a traumatic brain injury in a traffic accident is devastating; life changes for that person in an instant, often due to circumstances beyond the victim's control. Whether an animal ran out onto the road or another vehicle suddenly collided with the victim without warning, there's usually little that can be done to stop the accident from happening.

But when the brain injury is caused as a result of a hospital or nursing home staff's negligence, it's even harder to accept the victim's fate. Medical errors or lapses in care are inexcusable when the patient expects to be in good hands. The state of California appears to agree, having recently fined the Santa Clara Valley Medical Center $100,000 -- the maximum fine allowable under state law -- for an error that led to the severe brain injury of a patient.

The patient was a vibrant man in his early 80s who was taken to the hospital after a fall at his home. Once admitted to the transitional care neurosurgery unit, he was hooked up to a heart monitor. But somehow the man fell out of his bed and landed facedown on the floor. Nine minutes passed before a nurse discovered him, even though a technician who kept track of the man's monitor signals paged for help as soon as he fell and became disconnected from the monitor. Getting no response, the technician made a second announcement on the overhead page system, right around the time the nurse found him.

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Major interstates can be rife with danger. The high speeds along with the variety of vehicles--cars, motorcycles and big rigs--can make for potentially devastating highway accidents. And when big rigs are carrying heavy cargo, or cargo that is inherently dangerous, the risk of injury rises.

Recently, on Interstate 280, a cement truck crashed into a dump truck. The collision caused the cement truck to roll over, blocking three lanes of traffic. One of the trucks spilled diesel fuel, which fire crews cleaned up. A police officer stated that it was unknown which truck spilled the fuel. Fortunately, no injuries were reported.

An accident involving an 18-wheeler can easily wreak havoc on a smaller vehicle because a fully-loaded big rig can weigh 80,000 pounds, whereas a car usually only weighs around 3,000 pounds. In addition to the weight of a commercial truck, big rigs are also susceptible to jackknifing, which can cause sudden accidents, particularly when roads are slippery. These factors can lead to unpredictable and dangerous highway accidents.

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Posted on in Truck Accidents

Highway driving, particularly during times such as rush hour or late at night, can be dangerous. Any number of things can cause a highway accident, such as poor road conditions, tiredness, mechanical malfunctioning and even unexpected or dangerous driving by other drivers. High speeds coupled with high volumes of cars on the road are often a dangerous combination.

Recently, two people were injured and one person was killed in a crash between a semi-tractor trailer and a car in Gilroy. According to reports, the car merged behind the tractor-trailer. Shortly thereafter, the car crashed into the rear of the truck. It is unclear what caused the accident, though police indicated that neither alcohol nor drugs were involved. All three victims were in the car. The driver of the truck was not injured.

When someone is injured in a truck accident, several people can potentially be held liable, including the drivers of the vehicles involved. In some accidents with 18-wheelers, the trucking company may also be held liable, depending on the cause of the accident. The injured person or the family of someone who was killed in a truck accident may be entitled to compensation from the person found liable for the accident. Damages can include compensation for the cost of medical treatment, lost income and pain and suffering.

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Drunk driving can be dangerous in any situation, but especially when pedestrians or other motorists fall into the path of a drunk driver. Pedestrians have almost no protection from vehicles, especially those driving erratically or at high speeds. Drunk driver accidents can leave pedestrians with serious injuries and can even be fatal.

A San Jose pedestrian became a victim of a drunk driving accident last year. The 72-year-old pedestrian was riding a Segway in a crosswalk when he was hit by a car. The car was being driven by an 84-year-old man who was driving under the influence of alcohol. The driver had run a red light. The pedestrian was taken to a local hospital but died a short time later.

Recently, the driver pleaded guilty to felony vehicular manslaughter and was sentenced to jail. The driver will serve 18 months behind bars and an additional six months of probation.

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Although the vast majority of personal injury lawsuits are the result of accidents, there are plenty of other circumstances under which one or more people may be held liable for another person's injury or wrongful death. Negligence comes in many forms, and sometimes doesn't happen until after someone is already injured.

An example is the case of a San Jose woman who was shot two years ago in the upstairs hallway of her family's apartment, just a few blocks away from a medical center. Her family members claim that just after the shooting a police dispatcher told them that paramedics were on their way. But when police arrived, they went across the street instead. The woman's husband, sister and other family members shouted that it was safe to come inside the building and that the woman was inside, in need of help.

After some time passed, the woman's husband went down to the street and begged the officers and paramedics to come inside the building and help his wife. But police instead were responding to a woman whom they found bleeding from a stab wound on the lawn outside the apartment complex, and told the husband of the gunshot victim to go back inside. They later said that with an assailant still inside the building, they didn't want to charge upstairs to the victim. Little did they know that the man accused of shooting her was inside his apartment, calmly waiting for police to arrest him.

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