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Santa Clara County personal injury attorney car accident

In 2018, an estimated 400,000 people in the United States were injured and almost 3,000 were killed in car accidents involving distracted driving, according to the National Highway Traffic Safety Administration (NHTSA). Distracted driving is a serious problem nationwide and in California, and if you have been injured in an accident caused by a distracted driver, you need an attorney who understands the legal strategies that give you the best chance of obtaining the compensation you need and deserve.

Common Causes of Distracted Driving

Distracted driving refers to any situation in which a driver removes his or her attention from driving to focus on another task. One well-known cause of distracted driving is cell phone use, especially texting, which can remove a driver’s eyes from the road for five seconds or more. In California, texting while driving and any other handheld cell phone use is against the law. Other common distractions are not explicitly forbidden, but they can be dangerous, nonetheless. Some of the most frequent causes include:

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South Bay Area personal injury attorney construction site accident

In California, a wide variety of occupations may expose employees to injury risk throughout the course of their work. As such, the state requires employers to provide workers’ compensation benefits for employees who are injured on the job, whether those injuries were the fault of the employer, the employee, or a third party. However, as an employee, your eligibility for workers’ compensation benefits does not mean that you cannot also file a personal injury claim against a third party. In fact, in many severe workplace accident cases, it is necessary to pursue a liability lawsuit in order to receive full compensation for the extent of your damages.

When Is a Third-Party Personal Injury Lawsuit Possible?

You may have grounds to file a personal injury lawsuit if you suffered an injury during the course of your work, and that injury was caused by the negligence of someone other than you or your employer. A few examples of work-related injury situations that may involve third-party liability include:

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San Jose personal injury lawyerIf you or a loved one has recently suffered an injury due to the negligence of someone else, you have likely been visiting health professionals in an attempt to get back to normal. For this, you are spending your time and hard earned money to resolve something that was not your fault. That does not seem very fair, does it? The person who is at fault should pay for the damages they have caused. This principle is the basis of personal injury claims.

Civil Court

There two types of cases in the American court system: civil and criminal. Personal injury cases are tried in a civil court because a civil court is where private citizens or companies can take action against one another. No criminal laws are addressed here. Unlike criminal cases, there is no right to a court-appointed attorney, so you will need to secure your representation. Judges, commissioners, or juries decide the verdict. Decisions are on the amount of the evidence but the believability of one story over the other.

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San Jose brain injury lawyerChildren, whose brains are still developing, often have a long road to recovery after a traumatic brain injury (TBI). Physical therapy, mental health care, and speech therapy that may last for weeks, months, or possibly even years are some of the most common treatment interventions needed to help them recover. Unfortunately, some young victims may have a more difficult time obtaining that much-needed care.

Children From Low-Income Households Struggle to Find Care Providers

Often, children from low income households have their medical needs met through Medicaid, medical insurance that is provided by the state. Unfortunately, the payouts for treating Medicaid patients are lower, and many doctors opt not to accept them. This limits options for Medicaid patients and, at times, can make it extremely difficult to receive the treatment they need.

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hands free devices, California personal injury lawyerDistracted driving is one of the leading causes of car accidents in California. The state prohibits drivers from using handheld cellphones while driving. It has had the cellphone ban on the books since 2008. But a recent study shows that using a hands-free device like a Bluetooth headset may not make driving any safer.

Distracted Driving Studies

Researchers at the University of Colorado examined data from California before and after the ban on handheld cell phone use. It discovered that the ban had no significant impact on the number of traffic accidents. Other studies have repeatedly shown that drivers using hands free devices are just as distracted when driving as drivers holding cell phones in their hands while driving.

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drugged driving, DUI, San Jose car accident lawyerWhen you hear about car accidents caused because of a DUI, you probably think of drinking and driving. But, according to National Highway Traffic Safety Administration (NHTSA), drugs other than alcohol are involved in 18 percent of all motor vehicle deaths. Driving under the influence of drugs is just as illegal as drunk driving and just as dangerous.

Drugs and Driving

In California you can be found guilty of DUI if you are on drugs and those drugs interfere with your ability to operate a motor vehicle safely. It does not matter if the drugs are illegal such as methamphetamine or a legal prescription drug such as Vicodin. If you have a valid medical marijuana card and prescription, it is still illegal to drive while under the effects of the drug.

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