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CA injury lawyerAccidents happen when you least expect them. As a result, you can be left with serious personal injuries. Even an otherwise minor incident can leave you with ongoing medical expenses while preventing you from working or participating in activities with family and friends.

In many cases, these types of injuries occur as the result of reckless and negligent actions on the part of others. While you cannot always avoid these situations, there are steps you can take to protect yourself. The following outlines some of the most common causes of personal injuries and some simple safety tips to follow:

Car Accidents

According to statistics from the San Jose Police Department (SJPD), roughly 50 people each year are killed in car accidents while hundreds of others suffer serious injuries. Dangerous driving behaviors, such as speeding, aggressive or distracted driving, and driving under the influence are often to blame. Avoid engaging in these types of behaviors yourself and if you notice another motorist tailgating, weaving in and out of lanes, or otherwise behaving in an erratic manner, pull over and notify law enforcement.

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San Jose pedestrian accident lawyer hit and run

Pedestrian accidents are unfortunately common in San Jose, leaving victims with potentially serious personal injuries. The trauma that victims and their families suffer is made even worse when the driver responsible flees the scene. A recent hit and run in San Jose involving two children highlights the dangers victims of these accidents face and raises questions regarding how these drivers can be held accountable. 

Hit and Run Accident in San Jose Injures Two Children

A Labor Day pedestrian accident in San Jose that injured two children has police reaching out to the public in an attempt to identify the driver involved. According to NBC Bay Area News, the accident occurred in the afternoon hours of September 3, 2018, at the intersection of Cottle Road and El Molino Way. Witnesses state that the driver of a white, four-door Honda Civic did not stop at a traffic sign before entering the intersection, where he struck a 12-year-old girl and a 13-year-old boy who were riding their bikes. Rather than stopping to check on the victims, the driver fled the scene. Fortunately, both children were wearing bicycle helmets at the time of the accident and are expected to make a complete recovery from their injuries.

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San Jose dangerous road car accident attorneyMotor vehicle accidents are complex events. While reckless driving behaviors such as speeding, distracted driving, and driving under the influence are among the leading causes of car crashes and injuries, there are often multiple factors that contribute to a collision. Heavy traffic and roadway conditions can make car accidents more likely to occur, and they can lead to an increase in the number of vehicles involved. According to a recently released traffic safety report, San Jose, and the Bay Area in general, have some of the worst roads in the state when it comes to these types of conditions. 

Rating San Jose Roads

An August 2018 report in the Mountain View Voice confirmed what most drivers in our area already knew--that the San Francisco Bay Area has some of the worst roads in the state when it comes to congestion and increased car accident risks. If you spread out routine repairs and the average amount of expenses associated with a collision, these issues cost each driver in the area close to $3,000 per year, almost double other locations in the state. 

The report is based on studies released in August by TRIP, a national transportation research group based in Washington, DC. The study shows that San Jose roads are particularly bad, with vehicle expenses due to dangerous road conditions costing each local driver, on average, more than $2,700 annually. Based on TRIP assessments, roughly 82 percent of the roads in San Jose are in poor or mediocre condition. This puts additional strain on drivers and their cars, resulting in faster vehicle depreciation, greater fuel consumption, and increased car accident risks. 

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San Jose, CA car accident lawyer drowsy drivingWith school back in session after summer vacation, students will face the struggle of balancing busy schedules, while parents face the pressure of getting children to classes on time. These changes and the increase in activity can take a toll on your energy levels and sleep schedule, leaving you groggy and tired throughout the day. Unfortunately, this makes car accidents more likely to occur. In fact, being tired can impact your driving abilities in much the same way as alcohol does, leaving you susceptible to serious injuries. 

The Impact of Drowsy Driving

For high school and college students, balancing work, school, studying, and a social life is physically demanding. For parents of young children, keeping up with morning routines, such as gathering lunches and homework while rushing to get kids to school on time, can leave them tired and yawning midway through the afternoon. While it is easy to downplay the effect lack of sleep has on driving ability, the fact is that the toll it takes is significant. 

According to reports from the American Automobile Association (AAA), driving on less than the recommended eight hours of sleep each night can be similar to driving under the influence of several alcoholic drinks. Staying awake for more than 18 hours in a row can mimic the effects of driving with a blood alcohol content (BAC) level of .08%, which is over the legal limit. Being tired impacts your body in many of the same ways as alcohol, putting you and others on the road at risk. The effects of drowsy driving typically include:

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San Jose car accident attorneys, car accident, San Jose car accident attorneys, car accident injuries, traffic safety, car accident scenesCar accidents are dangerous events with the strong likelihood for serious and potentially life threatening personal injuries. Even in the event of a minor crash or collision, your actions in the immediate aftermath could put you at risk. It is important to follow the proper precautions at the accident scene, whether it occurs on a neighborhood street, parking lot, or on a major highway. The following highlights the potential dangers and offers tips on how to protect yourself.

Man Killed Emerging from Vehicle after San Jose Car Accident

In early March of 2018, a driver was killed in the aftermath of a car accident in San Jose. The incident highlights the potential risks these situations pose, and why it is important to protect yourself. The Mercury News reported that a local man suffered fatal injuries from being struck by a hit and run driver after emerging from his vehicle following a car accident on Interstate 280.

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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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car accident, not wearing a seat belt, San Jose auto accident lawyers, California personal injury attorney, California seat belt lawIn California, all motor vehicle drivers and passengers are required to wear a seat belt by law. Some people wonder if they get injured in a car accident where they were not at fault but they were not wearing their seat belt, will they be able to recover?

The answer to this question, usually, is that they can be compensated. However, the amount of compensation may be reduced. This can be a complex, factual scenario. Therefore, accident victims in this position are encouraged to speak with a skilled personal injury attorney.

Seat Belts Are Mandatory Because They Decrease Risk of Injury and Death

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California accident attorney, California injury lawyerMany people assume that a rear-end collision is an open and shut case. It is common knowledge that the car that hits the other car from behind is usually responsible for the accident.

In many situations, this may be true. However, there are always exceptions to the rule. Exceptions can be difficult to prove, so if you believe that you may not be at fault in a rear-end accident, you should speak to a lawyer who has a better understanding of traffic laws and determining fault.

Fault in a Typical Rear-End Accident

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