Menu
Subscribe to this list via RSS Blog posts tagged in San Jose Personal Injury Attorney

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:

...

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.

...

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.

...

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.

...

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.

...

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.

...

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.

...

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:

...

San Jose premises liability lawyerInjuries—they can happen anywhere. Sometimes, they are simply accidents with no real traceable cause. But, defective staircases and sidewalks, falling objects, wet or sticky floors, a lack of security, or improper restraint of an animal are, most often, a case of premises liability.

What you do in the days, weeks, and even months after such an incident can determine whether you receive fair compensation for your any injuries you may have sustained. The following steps will guide you, regardless of whether the incident occurred at another person’s home, a government establishment, public place, or business.

#1 –  File a Report

If you are personally injured while on a homeowner’s property, you should notify the owner of the property that the incident occurred. Similarly, if you were injured while at a store, government establishment, or place of business, you should speak with the manager or a member of security and request an incident report. Fill it out, to the best of your abilities, and always request a copy before leaving the premises. This is an important, but often forgotten, piece of evidence by many people injured in premises liability cases.

...

San Jose car accident lawyerThe moments after a car accident can be frightening and overwhelming. Even as the vehicles are coming to a stop, many people have a variety of thoughts racing through their heads, all at the same time. Is everyone okay? Is anyone injured? Am I hurt?

While you are taking stock of your situation following a crash, you should, of course, check yourself for injuries, keeping in mind that injuries are not always immediately apparent. Car accident victims may suffer whiplash, damage to soft tissue, concussions, spinal injuries, broken bones, and other serious injuries that may not become obvious for several hours or even days after the accident. Many of those who are involved in a car accident are quick to conclude that they are not injured, but these assumptions can be dangerous.

Fight or Flight Hormones Mask Pain

...

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. 

...

San Jose personal injury attorneyGetting into a car accident is a terrible experience for anyone. Being the victim of a hit and run can be even more devastating. A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information. This can include when a car hits you and then speeds away or when a driver hits your parked car and leaves no contact information. Many victims of hit and run accidents are unsure of how to get compensation for their damages and injuries.

Collect Information and Gather Evidence

The first step to take after you have been involved in a hit and run is to collect as much information as you can. If possible, take note of the car and driver who hit you. Write down the model, make, and color of the car. Write down the license plate number or snap a picture of it if you have time. Note the time and location of the accident. Collecting this information helps the police find the person who hit you as well as help your car insurance company to make decisions about your claim.

...

San Jose personal injury attorneyWhen you have been hurt in a car accident, a slip and fall accident on someone else’s property, or any other type of incident, your first priority should be making a full physical recovery if at all possible. Of course, depending on the circumstances of your case, you may be entitled to collect compensation for your injuries from the party who caused or allowed the accident to happen. While there is no legal requirement for you to hire a personal injury attorney following an accident, doing so could be the key to getting the money you need to put your life back together.

Analyze the Situation

If your accident left you with a few bumps and bruises and relatively minor damage to your property—common in minor fender-benders—you might be able to navigate filing an insurance claim on your own. While the insurance company may still try to offer you a lowball settlement, there are not very many uncertainties to be addressed. However, if your accident totaled your car, put you in the hospital for a few days, and caused long-lasting injuries that will affect you for years to come, you should probably call a lawyer. An attorney is also useful if the insurance company refuses to pay, regardless of the severity of the accident.

...

San Jose personal injury attorney, trauma to the brainBrain injuries are often unclear at first, especially to those without experience in diagnosis. Many times, these traumatic and life-altering injuries are left undiagnosed at first as many minor symptoms mask those injuries. The medical treatment required in determining the damage is just the start of the financial burden, which may accumulate for an entire lifetime. If someone else is at fault for the damage caused by a brain injury, the economic struggle should not be on the victim, but on those responsible.

Identifying a Brain Injury

Brain injuries can happen anywhere—on a battlefield, at work, on the playground, or in a car. The brain is vital to everyday life functions like breathing, speaking, and walking. Something as simple as a slip and fall is enough to cause a traumatic brain injury.

...

San Jose, CA personal injury attorney, cell phone usageThe use of cell phones has increased greatly over the years. From bathrooms to highways, cell phones are everywhere. Moreover, distracted driving while using a phone for any reason is blamed for the deaths of nearly 3,200 Americans in 2014.

These massive numbers motivated legal officials to take a stand to protect our citizens. As of January 1, 2017, California lawmakers have made it illegal to hold a cellular device while driving a motor vehicle

Law Restrictions

...

hit-and-run victim, San Jose personal injury attorneyMore accidents occur each year in California than in any other state. However, there are also more people in California than in any other states. Of these car accidents, hit-and-run occurrences happen at an alarming rate—about 20,000 cases each year as reported by the California Highway Patrol. Many victims are left each year with a significant financial burden and no one to pay. Who pays the bill in these cases?

Your Options in The Golden State

During an ordinary traffic accident, the at-fault driver will stop, enabling their negligence to be confronted but preventing further legal difficulties. Strict laws are in place prohibiting leaving the scene of an accident without exchanging pertinent information. Although there are exceptions—leaving your information on a parked vehicle in a parking lot where the driver is unavailable—it is the responsibility of every driver to stop after their involvement in such an accident. However, not all drivers remain at the scene of a hit-and-run accident.

...

San Jose, CA personal injury attorney, catastrophic injuries, bar fight,Imbibing in alcohol is a popular social pastime within the United States, especially following a long work week. Those who partake in alcohol often do so to enjoy the psychological effects, including the release of inhibitions and social anxieties. These effects influence behavior otherwise unseen under normal circumstances. Occasionally, too much alcohol results in aggression that escalates into a fight. Unfortunately, these physical altercations can lead to catastrophic injuries or even death.

What is a Catastrophic Injury?

The familiar term “catastrophe” refers to a sudden and unforeseen event that has a disastrous end. In a legal sense, injuries that are catastrophic prevent a victim from performing everyday behaviors permanently. Injuries classified as catastrophic dependent on their severity are:

...

San Jose workplace accident lawyerAfter sustaining an injury while at work, it often becomes difficult, if not impossible, to continue employment. Without working, there is no paycheck and without that income, daily bills start to accrue. Let us not forget that in addition to those monthly dues there now is the added necessity for visits for medical professionals. Many often stress about making ends meet after an injury. Following a workplace injury at the fault of someone else, the negligent party should be held responsible.  

Understand the Difference

Understanding the various options for claims is the best way to begin the recovery process. There are two potential routes to pursue. The best solution for you is dependent on the circumstances of the incident. The two options available are:

...

San Jose school zone accident lawyerSummer is quickly coming to an end, and the children will soon be on their way back to school. Registration periods are upon us, as are school shopping lists and teacher introductions. Although the summer has been full of vacations for many, the relief of going back into the usual school-year routine washes over parents across the United States. Certainly, toward the back of the minds of these families is the potential for school zone accidents.

Potential Hazards

For the purposes of this discussion, the definition of a school zone is not strictly limited to the drivable area surrounding a school, but anywhere that a family entrusts the life of their child to school personnel. School zones additionally include the school bus, the route to school, anywhere on campus, and anywhere that is considered to be the property of the school. The top three hazards across the country that result in injuries and even death to our nation’s schoolchildren are:

...
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