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CA crash lawyerCollisions involving motor vehicles are typically the result of reckless behavior on the part of one of the drivers involved. Speeding, running red lights, distracted driving, and driving under the influence are all common factors. Injuries suffered in these crashes can be severe, leaving the victim to face a mountain of medical expenses, lost wages, and other costs. The at-fault driver can be held liable in a claim. Unfortunately, holding them accountable can prove challenging when they flee the scene.

Common Reasons Behind San Jose Hit and Run Car Accident

One person was killed in a fatal car accident that occurred recently. The crash happened near Santa Teresa Boulevard in the downtown area. A driver in a 2016 Volkswagen Passat was headed northbound San Ignacio Avenue when he attempted to make a turn. As he entered the intersection, he was struck by a Dodge Ram Laramie pick-up truck struck coming from the opposite direction.

Rather than stopping at the scene, as required by law, the pick-up truck driver abandoned his vehicle and fled on foot. The driver of the Passat died as a result of his injuries. Police are continuing to investigate the crash and are searching for the at-fault driver. Unfortunately, these types of hit and run accidents are common in San Jose and throughout the Bay Area. Reasons why drivers attempt to flee the scene include:

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CA injury lawyerMost of us lead busy lives and we are used to multi-tasking. We check our phones for messages and read emails during dinner, when watching movies, or while engaging in other hobbies and activities. We scroll through social media posts on the job and perform complex tasks around our homes while attempting to talk with spouses, parents, or children at the same time. Unfortunately, the ability to do multiple things all at once is highly overrated. The end result is that we can end up being distracted most of the time. In addition to impacting your job performance and relationships with others, it can put you at risk for serious personal injuries.

The Impacts of Being Distracted

While the ability to juggle multiple tasks was once a highly desirable quality, researchers are now finding that it takes a toll on your mental processes. According to the Centers for Disease Control and Prevention (CDC), doing several things at once means that each individual task is likely to suffer in some way.

Over the past decade, we have become more aware of how distractions impact driving abilities, in particular as it relates to cell phone usage. When it comes to driving distractions, the CDC has identified three main types:

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Posted on in Personal Injury

CA injury lawyerAfter a long and fun summer, many parents are looking forward to the start of a new school year and a more structured schedule. Whether you are sending children to kindergarten or have older ones attending middle or high school, it is important at this time of year to review some simple safety tips. Walking to or from school, riding bikes, or riding the bus increases your child’s risk of suffering potentially serious accidents and personal injuries. The following are tips that can help you keep them safe.

Safety Tips for School Children Who Ride the Bus

While parents often worry about putting their child on a school bus, it remains one of the safest forms of transportation. According to the National Highway Traffic Safety Administration (NHTSA), crashes and collisions are far more likely to occur when mom or dad is driving their youngsters to school. However, buses do pose some potential hazards, the biggest of which involves loading and unloading practices. To prevent injuries, encourage your child to follow these tips:

  • Wait in an orderly fashion at the bus stop.
  • Stand at least three giant steps back from the curb.
  • Wait for the bus driver to signal before attempting to board.
  • Stay seated during the trip.
  • On the way home, wait for the bus to stop completely before leaving your seat.
  • Use handrails when getting off and avoid pushing.
  • Wait for the crossing guard or for the driver to signal before attempting to cross the street.

For Children Who Ride Bikes to School

Riding a bike can be a fast, fun way for your child to get to school. However, be aware that the times they are traveling are some of the busiest in terms of work commuters. To protect them, take the following steps:

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Fear of Criminal Charges Can Prevent Sex Workers from Reporting CrimesThe sex worker industry is booming throughout the Bay Area, the same as it is in other places throughout the state and across the U.S. Unfortunately, the fact that prostitutes are engaged in illegal activities makes them a target for acts of violence. Perpetrators know that they will be reluctant to report violent incidents or issues concerning forced sex work and trafficking out of fear of facing criminal charges themselves. As experienced San Jose criminal defense attorneys, we represent sex workers in these types of cases. We provide the legal representation victims need, providing caring support and legal protection while bringing those responsible to justice.  

Crimes Against Sex Workers in San Jose

A string of violent rapes committed against prostitutes highlights the potential dangers sex workers face in our area and the reluctance they often feel in reporting crimes to local law enforcement. A 24-year-old Morgan Hill man was arrested and is accused of beating and raping numerous women over the course of the summer months.  

The suspect allegedly picked up the women in various locations throughout downtown San Jose. Once he got them into his vehicle, he would take them to remote locations where he would physically and sexually assault them. Three victims came forward after the attacks. In addition to physical descriptions of the suspect and his vehicle, rape kits administered link him to the assaults via DNA evidence. Unfortunately, local law enforcement officials claim that there may be numerous other sex workers who are victims out there, as the suspect appears to be a serial rapist. However, many of them may be reluctant to come forward for fear of facing criminal charges. 

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CA employment lawyerThe Bay Area can be a dangerous place. In addition to the services of local police departments, many companies and individuals retain security personnel. Their job is to protect people and property while maintaining public safety. While trained in efforts at deescalating disturbances, there are situations which require swift and firm action. In recent years, those in these types of occupations have come under fire over allegations of using excessive force. As experienced San Jose employment law attorneys, we represent those who are facing these accusations, protecting their reputation and their jobs.

San Jose Officer Wins Back Job After Firing Over Excessive Force Allegations

A police officer risked his own personal safety in confronting a disturbed individual at San Jose State University several years ago. Unfortunately, his actions in apprehending, restraining, and eventually arresting the suspect resulted in him getting fired from his job.

The incident happened in 2016. The officer was summoned by SJSU security officials, who spotted an individual on the eighth floor of the Dr. Martin Luther King Jr. Library, allegedly looking at pornography and masturbating. The officer approached the suspect and asked for his name and birthdate. However, the answers the man gave became more and more bizarre.

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CA injury lawyerAs summer winds down, Labor Day provides the opportunity for one last cookout or visit to the beach before everyone’s attitude focuses on the approaching fall season. Unfortunately, as with any holiday, alcohol often goes hand in hand with various festivities. To reduce the risk of drunk driving accidents and the serious, potentially life-threatening injuries that can result, local, state, and national officials were more aggressive in their efforts at getting these drivers off the road.

Drive Sober or Get Pulled Over

The National Highway Traffic Safety Administration (NHTSA) announced a new campaign designed to help reduce the number of drunk driving accidents. They have spent years appealing to drivers through public information outreach efforts and informing them of the dangerous impacts any amount of alcohol can have on driving abilities. In their ‘Drive Sober or Get Pulled Over’ campaign, they take a different approach.

Labor Day holiday weekend is one of the busiest times of the year for drunk driving accidents. This year, the NHTSA joined efforts with other traffic safety officials and tens of thousands of law enforcement agencies throughout the country in an aggressive attempt to apprehend offenders before accidents occur. From mid-August through the beginning of September, the campaign focused attention on three distinct areas:

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San Jose, CA hate crime defense attorney

In the Bay Area, harassing, intimidating, or acting in any type of threatening or aggressive behavior toward others based on certain characteristics could result in serious charges. Classified as hate crimes, these charges require an immediate and strong criminal defense. In San Jose, Calif., authorities are getting more aggressive in dealing with hate crimes. Through a new program called “Safe Place,” they are hoping partnerships with local merchants can help in identifying when these crimes occur and in apprehending offenders. 

San Jose Offers “Safe Place” for Victims of Discrimination 

San Jose police officials are making it easier for alleged victims of discrimination and hate crimes to report the incidents and the suspects involved. The SJPD is partnering with local merchants in launching the Safe Place program. Participants in the program place a rainbow-colored decal on the window or door of their business. This is meant to be a signal to victims of hate crimes, encouraging them to come forward while providing assurance of support and that the appropriate legal actions will be taken. Thus far, Starbucks stores in the area and over 25 Wells Fargo Bank branches have agreed to take part, as have many smaller, local businesses. 

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CA accident lawyerWhile most young people are still focused on summer fun, high school and college football players have been busy working out and practicing. Teams typically begin meeting during the month of July in preparation for the fall season. Unfortunately, hotter temperatures and over-enthusiasm can end up leading to potentially serious personal injuries. The following highlights some of the most common causes and what you can do to make sure young athletes are protected.

Common Football Practice Injuries

Football is one of the most popular team sports. Unfortunately, the American Orthopaedic Society for Sports Medicine reports that football players are among those most likely to suffer sports-related injuries. In addition to mishaps that occur during play, practice can be grueling physically. It does not help that these sessions take place during the hot late summer months. Common types of injuries young players often end up suffering include:

  • Heat-related injuries: Playing in the sun without proper breaks or access to water can lead to heat exhaustion and heat stroke, two potentially life-threatening conditions.
  • Overuse injuries: After months away from the game, young football players need plenty of warm-up time to avoid overuse and strain. Lack of proper training or conditioning makes injuries more likely.
  • Traumatic injuries: Fostering a highly competitive atmosphere and encouraging overly harsh tackles and hits can cause serious and potentially disabling impairments.
  • Head injuries: Team coaches and administrators need to ensure players have the proper protective gear, particularly helmets to reduce the likelihood of traumatic brain injury (TBI).

Taking an Active Role in Preventing Football Practice Injuries

Coaches, school administrators, and team doctors all have a duty to ensure the proper procedures are followed to ensure player safety. When they fail to do so, they can be held liable for any injuries that occur as a result. According to the Centers for Disease Control and Prevention (CDC), parents play a valuable role in holding them accountable. Steps you can take to protect your child include:

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CA injury lawyerWhen accidents resulting in personal injuries occur, it can have ramifications on every area of your life. In addition to your own suffering, the people closest to you are affected as well. While you focus on your recovery, these loved ones are often required to assume additional burdens financially and in terms of household contributions and family tasks. Depending on the situation, they may also be entitled to compensation in your personal injury claim.

Damages In Personal Injury Lawsuits

When you are involved in an accident or other mishap as the result of another person’s reckless or negligent behavior, you may be entitled to compensation through an insurance claim. However, insurers are only likely to cover a portion of your costs, leaving you to pay out of pocket for additional expenses.

Even seemingly minor personal injuries can result in damages worth several hundred thousand dollars. For example, the National Highway Traffic Safety Administration (NHTSA) reports that the total amount of costs associated with injuries caused by a fender bender can easily total more than $50,000 while more serious crashes can result in damages of up to $1 million or more. This factors in costs often not covered in an insurance settlement, such as:

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San Jose, CA criminal defense lawyer

Being stopped by police and accused of a crime or actually being arrested is a bad situation in which to find yourself. How you respond can have major ramifications as well. You do have the right to certain protections, and you will want to avoid revealing information that could be used against you. However, not complying with requests from an officer, attempting to evade law enforcement, or resisting arrest could leave you facing additional and even more serious criminal charges. A seasoned criminal defense attorney can explain your options for the best possible outcome. 

Passenger Killed After San Jose Man Refuses to Stop for Police 

Cases involving people who resist arrest or attempt to evade police officers are common, and they can end up affecting others aside from the offender. For example, in San Jose, a 54-year-old man is facing criminal charges of vehicular homicide after a crash that occurred during a police chase that killed a passenger in his vehicle. The man was headed south on Highway 87 around 2:00 a.m. when California Highway Patrol (CHP) officers noticed him weaving in and out of his lane. They attempted to stop the man on suspicion of DUI, but he led them on a high-speed chase instead. 

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CA employment lawyerViolent attacks in the workplace are an unfortunately common occurrence and have made headlines across the country over the past decade. While these types of incidents are often perpetrated by former or current employees, they can also occur randomly and as a result of dealing with members of the general public. For workers in the Bay Area, two recent incidents highlight the potential dangers people in a variety of occupations potentially face. Employers who fail to acknowledge these types of risks and those who do not have safety plans in place can be held liable when injuries occur.

Employees Face Injuries in Two Recent Incidents Involving Bay Area

A drug-induced rampage by a YouTube employee recently took place that resulted in injuries to more than eight people. The 32-year-old suspect was vacationing with friends when he took LSD and became delusional. He assaulted several friends before stabbing a security officer who attempted to intervene. When police caught up with the man and attempted to corner him, the suspect gunned the engine of his vehicle and accelerated toward them. The man had to be shot three times before the vehicle stopped.

The incident happened only days after another violent altercation put other employees at risk. Police recently arrested two Bay Area teens accused of firing a gun at San Bruno’s Tanforan Mall the previous week, putting both employees and the customers in danger. Two victims were reported to have suffered non-life threatening gunshot wounds. While the police search for a third suspect, the two teens apprehended are being held in the San Mateo County Youth Services Center on several charges, including attempted murder.

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CA accident lawyerDogs have a well-earned reputation for being loyal companions and trusted protectors. For many dog owners, their pets are no mere animals-they are part of the family. Unfortunately, this can lead people to downplay the potential risks. Even the mildest mannered dog can act out aggressively in certain situations. When this happens, it could leave you suffering potentially serious personal injuries. Two recent events in the Bay Area highlight the potential dangers and the importance of knowing the risks dog bites and attacks can pose.

Recent Reports of Dog Bites and Attacks

A vicious dog-on-dog attack was recently witnessed in San Francisco. Fortunately, while the dogs caused an uproar and aggressively snarled and snapped at each other, there were no reported injuries. The case garnered extra attention as a result of a recent investigation into dog bites and attacks at a boarding facility in Santa Clara.

Cal/OSHA was investigating an incident that had occurred at Wag, a popular local boarding place for dogs. The incident involved five of its employees who were involved in a dog attack. It happened when one of the dogs being cared for reportedly attacked a female employee. The woman had been taking the dog for a routine walk when it suddenly lurched out and bit her. Several other workers, including the manager, saw the incident and jumped in to try and help. Unfortunately, the dog ended up lashing out at them as well.

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San Jose criminal defense attorneyIn San Jose and throughout California, you can legally possess marijuana for both recreational and medicinal use. While there are restrictions on the amount that you can cultivate or have on you, you can travel freely with it along the West Coast. Unfortunately, this can lull both locals and visitors into a false sense of security. Marijuana and related products are still illegal under federal laws and many states still have tight regulations regarding its use. If you plan on traveling in the next few months or are leaving the Bay area to return to another state, you need to be aware of the laws that apply to avoid facing criminal drug possession charges.  

Marijuana Laws State By State

The Golden State legalized marijuana for medicinal use more than 20 years ago while recreational use just became legal in 2012. If you travel to other areas of the west coast, such as Oregon and Washington, you will find similar laws in place. However, once you head east, the situation changes. 

According to the latest state cannabis program maps from the National Council of State Legislators (NCSL), marijuana laws represent a patchwork in terms of varying policies. The varying classifications and the states in which they apply include: 

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CA accident lawyerThere is an abundance of cycling groups in San Jose and the surrounding Bay area, as well as numerous events that draw cyclists from other places. Unfortunately, despite road improvements, additional bike lanes, and aggressive public awareness campaigns, motor vehicle accidents involving cyclists are increasingly common. In light of a recent fatal cycling accident, we want you to be aware of the problem and your rights if this type of accident occurs.

Fatal Cycling Accident in San Jose

We recently reported on the large number of children injured in bike accidents throughout the Bay Area and provided details on ways parents could help keep young riders safe. Adult cyclists are also at risk and need to be aware of the potential dangers as well. Even experienced cyclists can find themselves caught up in collisions involving motor vehicles. When these accidents do occur, the injuries you suffer can be severe.

A recent cycling accident in San Jose is a prime example. The crash left one cyclist dead and the other with potentially life-threatening injuries. The collision occurred July 15, 2019, near Vista Park Drive and Capitol Expressway. Police report that the accident involved an SUV, which struck two men while they were riding their bikes. One was pronounced dead by emergency responders while the other was transported to a local hospital. The SUV driver remained at the scene and was cooperating with the investigation. At this time, there is nothing to indicate alcohol or drugs were involved in the crash.

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CA injury lawyerPeople throughout the Bay Area are still reeling in the aftermath of a recent mass shooting in nearby Gilroy, which left several people dead and numerous others suffering serious injuries. Unfortunately, these types of violent incidents have become increasingly common, both in California and throughout the nation. Our hearts go out to the victims and all those impacted by this tragedy. As concerned citizens and proud residents of the local community, our San Jose personal injury attorneys want you to be aware of steps you can take to protect yourself against these situations.

Mass Shooting at the Gilroy Garlic Festival

The Gilroy Garlic Festival is something residents throughout San Jose and the surrounding Bay Area typically look forward to every year. Unfortunately, this year’s event was marred by gun violence. As it was winding to a close after three days worth of festivities, a gunman opened fire on the crowd, killing three people and leaving 19 others with serious injuries.

The 19-year-old shooter was a former local resident who had moved to Nevada. He is reported to have made posts linking him to Neo-Nazi movements in the days prior to the festival. After opening fire on the crowd, he was killed in a gun battle with police. Investigators report two children and an adult suffered fatal gunshot injuries. Additional victims were taken for treatment to St. Louise Regional Hospital in Gilroy and Valley Medical Center in San Jose.

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Posted on in Employment

San Jose whistleblower protection lawyerThroughout the month of August, a federal government agency is kicking off events across the United States to promote safer practices in the workplace. It is part of a year-long program to make employers and their workers more aware of dangers that exist and to initiate policies to help prevent future accidents from occurring. Despite these efforts, there are still plenty of places that discourage workers from reporting injuries and require them to take unnecessary risks as a daily part of their job. For individuals such as these, it is important to be aware of the whistleblower protections that are in place.

OSHA Recommends Practices to Keep Workers Safe and Sound

The Occupational Safety and Health Administration (OSHA) will be working with employers in the Bay Area and across the country this month to help create safer conditions in the workplace. As part of its Safe + Sound program, the goal is to raise awareness, increase compliance with state and national safety regulations, and decrease the potential for on-the-job accidents and injuries. More than 60 employers throughout California have partnered with the agency to focus on the following objectives: 

  • To establish worker safety as a core value of their company;

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CA employment attorneyWorkers in the Bay Area may seem to ‘have it all’ compared to some other places throughout the state. Many benefit from high pay, steady hours, progressive company policies, and unique perks that other job markets simply do not offer. However, workers here still suffer from burnout at high rates. While there are numerous reasons why a person’s job could interfere with their physical and mental health, in many cases it is related to violations of standard employment laws.

Worker Burnout Rate High in the Bay Area

One study shows the burnout rate is high among workers in the Bay Area. To be sure, surveys from a global staffing firm show that close to 30 percent of all workers in and around San Francisco feel frazzled and worn out from their jobs. In addition to impacting worker productivity, this can end up taking a toll on other areas of a worker’s life as well.

Job burnout can cause you to lose interest in your favorite activities and may put a strain on relationships with your friends and family members. It can lead to an increase in drinking, prescription drug use, and other dangerous activities. It can also disrupt your sleep, your appetite, and your overall body functioning, making you more likely to get sick or to suffer chronic health conditions. Among the leading causes of burnout in the Bay area identified by the survey include:

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CA accident lawyerCar accidents generally occur due to reckless driving on the part of other motorists. Failure to follow traffic rules and regulations puts everyone at risk and one of the most dangerous driving behaviors is running red lights. To raise awareness, a national group has designated the first full week in August as National Stop On Red Week. The following highlights what you need to know to keep yourself and your passengers safe.

National Stop on Red Week

The National Coalition for Safer Roads (NCSR) is partnering with local and federal traffic safety agencies in sponsoring Stop on Red Week August 5 through 11, 2019. The goal is to educate the public about the dangers of red-light running and how it most commonly occurs. Disregarding red lights and other traffic signals may be something you associate with drivers who routinely flaunt the law and public safety. The fact is red-light running is a common behavior among those who are otherwise safe and law-abiding drivers.

How many times have you approached an intersection when the light was yellow and stepped on the gas to catch it before it changed to red? According to the NCSR, roughly half of all drivers admit to doing this and one in four do so on a regular basis. Running a yellow light or going through as it turns red is often just as dangerous and likely to result in a car accident. Other important facts about red-light running include:

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San Jose criminal defense attorneyProstitution, soliciting a prostitute, and pandering or pimping out the sexual services of others are all serious crimes in San Jose. Depending on any prior offenses you have on your record, you could face heavy fines and a jail sentence if you are charged with these offenses. However, if these charges are related to human trafficking, the penalties vary depending on a person's role in the crime. In early June, a 14-year-old runaway made a phone call which brought down a trafficking ring that operated locally and in other areas throughout the state. Those running the ring will face numerous criminal charges, and the girls or women forced to prostitute themselves are considered victims of the crime. 

Trafficking Ring Busted in San Jose 

Local police are crediting a 14-year-old girl’s actions with helping to bust a human trafficking ring operating in the area. The girl originally ran away from her home in Flint, Michigan in September of 2018 and headed towards Chicago. Once there, she was kidnapped by three men and forced to perform sexual acts. She was eventually brought to California, where the men traveled with the girl and several other women up and down the state, forcing them to act as prostitutes. At their most recent stop in San Jose, the girl managed to get to a phone and dialed a nationwide crisis text line. 

Through the phone call, police were able to identify the group’s location and rushed to raid their rooms at the Motel 6 on Fontaine Road. They arrested three men ranging in age from 39 to 54, one of whom was from Sacramento. The men were booked into the Santa Clara County Jail and charged with a variety of offenses, which include kidnapping, pimping and pandering, and human trafficking. In addition to the young girl, two other women were rescued in the raid. None of them face criminal charges, and all are being provided services through local and national anti-human trafficking organizations. 

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CA injury lawyerThere are numerous issues that create anxiety for expectant parents. While the health of the mother and baby are the top priority, job security is often an issue. Fortunately, California employment laws offer legal protections for parents to ensure their rights are protected. Some companies take this a step further by providing innovative benefits designed to help support their employees in family matters. One local San Jose company was named among the top five in the nation for taking extra steps to ensure parent employees and their children get the help and support they deserve.

Legal Protections for Parents in California

People with families represent a significant portion of the workforce. For new parents, learning to juggle the responsibilities of the job and a new baby can prove challenging. In the past, parents often suffered setbacks in their career over issues such as maternity leave, taking time off to care for newborns, and dealing with unexpected glitches in childcare. For today’s parents, work culture is more supportive of their role and the law has more provisions designed to protect them.

There are numerous state and federal laws in place that directly address the rights of parents in the workplace. Issues that are covered under these laws include:

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