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Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
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San Jose car accident attorney, teen car accidents, driving safety tips, reckless driving, distracted drivingFor parents, the day their teenager gets his or her driver’s license is the day they can retire from being a chauffeur—no more carpooling kids to school or waiting outside movie theaters when your child is late for the pre-arranged pick up time. Unfortunately, it can also mean the end of a good night’s sleep, as you wait for your teen to return home safely in your vehicle.

Teens are the most at risk group for car accidents, which can end up resulting in serious and potentially life threatening injuries. The following offers information to make you aware of the dangers, along with tips on communicating to your teen the importance of driver safety.

Teen Car Accidents and Injuries

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San Jose car accident attorneys, car accident injuries, self-driving car accidents, self-driving technology, autonomous vehiclesThere is no denying that self-driving cars are the wave of the future, and California drivers continue to see more of these vehicles on the roads. The justification is that autonomous vehicles remove or reduce the potential for driving errors, which are the most common cause of car accidents and injuries. There are concerns, however, about limitations in these new technologies and over reliance on them on the part of drivers. Recent incidents in our area and in other parts of the state highlight the need for drivers to remain alert, even when operating a vehicle with self-driving features.

Safety Concerns Over Self-Driving Technology

A January 2018 Newsweek report about a self-driving car accident in Culver City highlights the concerns many have about autonomous vehicles. The accident involved a Tesla in autopilot mode, which crashed into a fire truck parked in an emergency vehicle lane. While the truck was clearly visible with lights flashing, the self-driving Tesla failed to recognize the obstacle and the driver failed to intervene. Miraculously, no one was injured, despite the fact that the car was totaled.

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San Jose criminal defense attorneys, intellectual property crimes, Internet crimes, civil lawsuits, intellectual property violationsThe Internet provides a wealth of opportunities for the sharing and sale of different products and ideas. Much of the materials, services, and goods you are likely to find online are copyrighted or trademarked. Using others’ ideas, selling or copying their products, and accessing their services without permission or by going through improper channels can end up leaving you in serious hot water. Internet crimes can result in civil lawsuits as well as criminal charges, which have the potential to seriously impact your freedom and financial security, now and in the future.

Intellectual Property Crimes Online

It is easy to share ideas and information you stumble across online, or to incorporate these things into your own online store, website, or social media pages. While you may assume what you are seeing, sharing, or selling is perfectly legitimate, the fact is that you may be infringing on someone else’s trademark or copyright. This has become an increasingly common problem, and federal law enforcement officials are increasingly becoming involved.

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pedestrian accidents, San Jose personal injury attorneys, traffic accidents, motor vehicle accidents, distracted drivingWalking is often recommended by doctors and healthy living aficionados as an excellent way to get exercise and to reduce stress. San Jose provides a temperate climate, with plenty of trails and pathways throughout the city’s neighborhoods to enjoy, but it is important to be aware of the potential dangers.

In accidents involving motor vehicles, pedestrians are at a high risk for serious and potentially fatal personal injuries. Unfortunately, these accidents impact dozens of people in our area each year. The following highlights who is most at risk, and what San Jose is doing to address the problem.

Risks Factors for Pedestrian Accidents

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San Jose employment law attorneys, hostile workplace environment, filing a grievance, employment law, workplace harassmentFor some people, going to work each day is like stepping onto a battlefield. Harassment from coworkers or managers, and an overall hostile work environment, can derail your career while taking a considerable toll on your health and well being. As attorneys adept at handling cases involving employment law, we can help defend you in these types of claims. Certain types of practices, which are prohibited by state and federal laws, could entitle you to file a lawsuit against your employers, particularly if they have no established policies in place to address your grievances.

Hostile Work Environment

A hostile work environment may be one in which you are discriminated against on the basis of your age, race, gender, sexual orientation, nationality, or religion. Or, it may be one in which fundamentally unfair policies and practices are allowed to flourish. This could include any of the following:

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San Jose criminal defense attorney, police encounters, color of law violations, police interactions, criminal chargesNational headlines have been full of cases involving violent interactions between citizens and law enforcement officials. While these cases capture the media’s attention, there are situations that occur regularly in which an accused person’s rights are violated that do not get this type of news coverage. If you are stopped by the police or accused of any type of criminal activity, our San Jose criminal defense attorney wants you to be aware of your rights and the steps you need to take to protect yourself.

‘Color Of Law’ Violations

Local police and state law enforcement officials are granted the authority to ensure that laws are upheld. They have a tremendous amount of power in terms of detaining suspects, searching property, and making arrests, and there are situations in which abuses occur. Color of law violations occur when officers abuse this authority. The Federal Bureau of Investigations (FBI) reports that common types of violations include:

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San Jose personal injury attorneys, insurance company negotiations, personal injury accident, motor vehicle accidents, personal injury settlementWhen you suffer personal injuries as the result of a car crash, a slip and fall, or some other type of accident where another person is at fault, you may be entitled to compensation through an insurance claim. While the law requires drivers, property owners, and others to carry insurance in the event accidents occur, getting the insurance company to pay is often a more difficult manner. In these situations, it is important to have an experienced San Jose personal injury attorney on your side to help ensure you get the compensation you need to recover.

Dealing with Insurance Companies after a Personal Injury Accident

In motor vehicle accidents and in cases involving injuries which occur on another’s property, your first steps immediately after should be to notify law enforcement or security and seek medical attention for your injuries. Taking these actions help to protect you when filing an insurance claim.

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personal injury case, San Jose personal injury attorneys, accidental injuries, accident reports, insurance claimSerious personal injuries can happen under a variety of circumstances and can cost you money, both now and in the future. In addition to your immediate medical expenses and the lost wages you suffer, any permanent impairments may ongoing medical treatment while jeopardizing future income and benefits. Carefully documenting your injuries and the financial costs you incur plays an important role in ensuring you get what you are entitled to as part of an insurance or personal injury claim.

Documenting Losses for an Insurance Claim

If you have been involved in a car, bike, or pedestrian accident, or suffered a slip, fall, or other type of accidental injury, you may be able to file an insurance claim against the at fault party or property owner. It is important to immediately report any accidents or injuries to local law enforcement or security at the scene, as accident reports play an important role in proving your claim.

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San Jose domestic abuse defense attorneys, violent crimes, threatening your spouse, domestic violence, spousal abuseRegrettably, fights between spouses or those who live in the same residence can get out of hand, resulting in threats and acts of physical violence. In these situations, depending on the circumstances and statements from those at the scene, you could find yourself facing potentially serious penalties under California domestic violence laws. At Jachimowicz Law Group, we provide a strong legal defense when you are accused of these types of violent crimes. Known as wobblers, these can be charged as either a felony or misdemeanor and involve potentially heavy fines and lengthy jail sentence, even if the altercation involved threats, and no physical act of violence ever occurred.

Domestic Violence in California

The California Courts advise that domestic violence is that which occurs between married couples and intimate parties who are dating, either currently or previously resided in the same home, or have a child together. In can also occur among other family members, related either by blood or marriage. Abuse involves more than just hitting, punching, or otherwise physically attacking your partner. It may include:

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acute soft tissue injuries, San Jose personal injury attorneys, sprains, strains, tearsWhen strains, sprains, or tears occur as the result of personal injuries, recovery can be a long and tedious process. Even a minor injury can prevent you from performing your usual activities, either at home or on the job. If you do not invest the time needed to allow these areas to heal, you could end up causing potentially permanent damage. The following provides an outline of these injuries, and the treatment options available to help you recover. 

Acute Soft Tissue Injuries

Overuse injuries tend to build slowly and accumulate with time, whereas acute injuries are generally the result of one time events. Anytime you are involved in an accident or suffer a blow or jolt to the body, you run the risk of suffering acute soft tissue injuries. These often impact the muscles, tendons, and ligaments of the body.

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age discrimination claim, San Jose age discrimination lawyer, California employment law, workplace discrimination, Workplace discrimination lawsuitEmployment law in the United States makes it illegal for employers to deny or limit the employment opportunities available to job applicants and employees based on their advanced age. Therefore, a California worker who has been discriminated against in the workplace based on their age and, as a result, has suffered an adverse employment action (for example, has been denied employment, had his or her pay reduced, was refused employment benefits, had his or her hours cut, was terminated, etc.) can file an age discrimination claim if he or she is of a qualifying age.

There are several different laws under which an age discrimination claim can be filed and the majority of these claims are filed under the federal Age Discrimination in Employment Act (ADEA). Consider the following information as to how one can pursue an age discrimination claim under the ADEA.

Pursuing an Age Discrimination Claim Under the ADEA

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mass transit accident, San Jose personal injury attorneys, light rail fatalities, light rail accident,  light rail collisionsLight rail train transit is one of the safest forms of travel in the United States. Compared to walking, biking, or driving your own car to and from work or school, your chances of being involved in a mass transit accident of any type are significantly reduced. Unfortunately, while the overall odds are generally in your favor, a string of collisions involving light rail trains have plagued the San Jose area. Consider the following information regarding what you need to know about these types of accidents, the odds of them occurring, and what you can do to protect yourself.

Recent Light Rail Fatalities Involving the VTA

The Santa Clara Valley Transportation Authority (VTA) provides bus service as well as transit rail lines, offering a fast and convenient form of transportation for people in and around the San Jose area. While generally considered safe, an accident in which a pedestrian was killed is just one of several that have occurred over the past year.

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San Jose car accident attorneys, car accident fault, car accident, comparative negligence, personal injury claimCar accidents are complex events, with multiple factors often leading up to a crash. While one of the drivers may be obviously to blame, the other may share a portion of the responsibility, either for the accident itself or for the severity of his or her injuries. If you were involved in a crash or collision in which you are partially at fault, it is important to be aware that you may still be entitled to compensation for the damages you suffered.

Determining Fault in a Car Accident

California is known as a ‘fault based’ insurance state. Therefore, when a car accident occurs, the at-fault driver can be held liable for damages you suffer. Esurance advises that in determining blame for an accident, insurance investigators will typically obtain statements from each driver and copies of police reports, while visiting the accident scene and surveying the damage to the vehicles. Insurance companies are in business to make a profit. Hence, if they determine you to be even partially responsible for your accident or your injuries, they may thus deny your claim.

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San Jose criminal defense attorney, pretrial diversion programs, criminal charges, first time offenders, criminal convictionFacing criminal charges in California is a serious matter. Regardless of how seemingly minor the crime, a conviction can have significant impacts in every area of your life. In addition to heavy fines, court costs, and a potential jail sentence, having a criminal conviction on your record could prevent you from obtaining work, from being eligible for student loans, and even from obtaining a lease or a mortgage. In these situations, you need a strong criminal defense attorney by your side.

Depending on the circumstances and your charges, you may be offered a pretrial diversion program. While often presented as a second chance, allowing you to avoid a criminal conviction and serious penalties, jumping into these agreements may not be in your best interests.

Pretrial Diversion Programs In California

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Posted on in Personal Injury

personal injury recovery, San Jose personal injury attorney, medical expense compensation, personal injury settlement, broken bonesIf you have suffered a personal injury as the result of a car crash, a slip and fall, or other type of accident, you are probably eager to put the whole incident behind you and move on with your life. In this situation, an early settlement offer from an insurance company can seem like the perfect opportunity to get compensation for your medical expenses and other costs you have incurred. Unfortunately, insurers use this time when you are most vulnerable and not completely healed from your injuries to offer you settlement amounts that are often far less than what you will eventually need or are entitled to.

Allowing Yourself the Time to Heal

Not all personal injuries are easy to diagnose, and it can be difficult to determine any potential long term damages or impairments they can cause. Often times, it takes extensive diagnostic testing, along with time for various symptoms to reveal the extent of the damage. According to the Centers for Disease Control and Prevention (CDC), more than 30 million people suffer personal injuries serious enough to require emergency hospital care each year.

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San Jose criminal defense attorney, misdemeanor, felony charges,  criminal conviction, felony offensesGetting charged with any type of crime in California is a serious matter. A criminal conviction will remain on your permanent record, impacting you for years to come. In addition to the fines and potential jail time you may be facing, your charges could prevent you from obtaining jobs, student loans, and even a mortgage or housing. Of course, the types of charges you face are a major consideration. Whatever your situation, our San Jose attorneys will work to build you a strong criminal defense. However, it is important for you to be aware of the differences between misdemeanor and felony charges and how California handles each of these types of charges.

California Misdemeanor Crimes

Misdemeanor crimes are considered less serious than felony offenses, but they still carry potentially severe penalties upon conviction. Depending on the charges, you could be facing fines up to $1,000 and up to a one year mandatory jail sentence. Examples of misdemeanor crimes handled through the Santa Clara County courts include:

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emergency vehicle accidents,  San Jose car accident attorney, car accident injuries, distracted driving,  emergency respondersMost drivers have had the experience of being on the road and suddenly hearing sirens or seeing red flashing lights. We pull over in time to see a fire truck, police cars, or other emergency vehicles go racing by. Emergency responders provide a valuable service and are generally the first on the scene when threatening and tragic events happen. However, getting caught in front or alongside of these vehicles on the road can put drivers in a potentially dangerous situation, making car accidents and injuries more likely to occur.

Emergency Vehicle Accidents

A December 2017 car accident that occurred in the Millbrae area, 30 minutes to the north of San Jose, highlights the potential dangers drivers face when dealing with emergency responders. ABC 7 News reports three suspects were arrested after a high speed car chase ended in a crash at the Green Hills Country Club. What started as a carjacking incident ended in pursuit on I-380, with vehicle speeds over 100 miles per hour. Fortunately no other motorists were involved in the collision. 

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severance packages, San Jose severance agreement and termination attorney, severance agreement, California termination laws, wrongful terminationUnder the right conditions, a severance package (i.e. a payment made from an employer to an employee when the employee is terminated) can be a great thing. Sometimes a departing employee will be offered a severance package substantial enough to afford him or her the opportunity to vacation before starting up with a new company or enable him or her to search for a new job without being financially strained.

However, it is important to note that before an employee receives a severance package, he or she is almost always asked to sign a severance agreement in which he or she agrees to accept the promised severance package in exchange for giving up certain rights. Most commonly the employee is asked give up his or her right to sue the employer. Sometimes, signing away the right to sue is in the employee’s best interest. However, in other instances it is a huge mistake. Therefore, if you are wondering whether or not you should sign a proposed severance agreement in California be sure to read through the frequently asked questions that are answered below and then contact a local employment lawyer with any case specific questions that you may have.

Q: What sort of rights are employees generally asked to waive in severance agreements?

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San Jose petty theft shoplifting defense attorney, shoplifting, shoplifting cases, shoplifting conviction, lawfully detainedThere are times when shoplifting is considered a relatively minor offense—for example, when a teenager steals a tube of lipstick from the mall. However, under other circumstances shoplifting can constitute a serious offense—a woman slips an expensive diamond engagement ring into her purse while browsing at a fancy jewelry store. Still, it is important to be aware that those who are suspected of shoplifting in California can be detained regardless of the dollar amount of the merchandise that they allegedly tried to steal.

Yet under what circumstances can a suspected shoplifter in California be lawfully detained? Moreover, what rights does an alleged shoplifter possess after being detained?

These questions have been answered below in accordance with California law but please be aware that each shoplifting case is unique and that any case specific questions should be directed towards a local petty theft shoplifting defense attorney.

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violent assault, San Jose personal injury attorneys, assault victims, assault and battery, aggravated assault injuriesAn assault can happen at the hands of a stranger as the result of a random altercation, or it can stem from disagreements and arguments that turn violent with someone you know. When you are a victim in this type of attack, it can leave you suffering serious and potentially disabling personal injuries as a result. While law enforcement and the courts can help you hold your attacker responsible under California criminal laws, you could be left with the financial costs. In these situations, you may be entitled to compensation through a personal injury lawsuit.

Assault and Battery in California

Under Chapter 9 of the California Penal Code, assault involves a threat or taking actions meant to harm another individual, while battery involves actually causing physical harm through an attack. Those who commit these types of acts can face severe penalties, including heavy fines, mandatory community service, and a lengthy jail sentence. Defendants can end up facing aggravated assault charges, depending on the victim, the severity of the harm done, or if there was a weapon involved in the crime.

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