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CA injury lawyerThe reckless driving behaviors of motorists, such as distracted driving, speeding, and driving under the influence, are a leading cause of car accidents and injuries in San Jose and throughout the country. However, there are often other, contributing factors involved, which can put drivers at risk. In San Jose, crumbling roads are not only an eyesore and hard on your vehicle, but they can also increase your risks of a crash.

San Jose Named Among 10 Worst Cities for Road Conditions

While city managers seek funding for making infrastructure improvements, residents are left to drive on roads that are often potholed, covered in gravel, and in general need for repair. Unfortunately, the situation is direr than you may think. According to a November 2018 CheatSheet report, San Jose has been named among the 10 worst cities in the nation in terms of having bad roads.

The report lists San Jose as third in the country, falling behind Los Angeles and San Francisco, in terms of having the largest percentage of crumbling roads and highways in America. Traffic and road surveys indicate that roughly six out of every 10 roadways in the area are in dire need of maintenance and repair. This has the following impacts on drivers:

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San Jose personal injury attorney settlement police shootingRonald Wood, who filed an excessive force lawsuit after he was shot by a City of San Jose police officer in 2015, will receive a $500,000 settlement from the city. Wood, 53, was shot multiple times after police say he tried to grab a shotgun in a patrol vehicle. Jachimowicz Law Group contended that at the time of the shooting, Officer Daniel Morales should have already known the weapon was not loaded and was not in Wood’s control when he fired at Wood.

“This set of circumstances was unfortunate for both our client and the officer involved,” Jachimowicz Law Group Attorney Josh Jachimowicz said. “The resolution of this litigation is fair and takes into account the degree of the city’s liability as well as the impact of Mr. Woods’ future medical needs.”

Facts of the Case

Police responded to a call on September 24, 2015 in Monterey Oaks to check in on Wood, who reportedly said he was going to commit suicide. Morales located Wood sitting on a curb and spoke to him through his passenger window, and Wood eventually reached through and into a duffel bag in the vehicle’s front seat. Morales exited the vehicle and pepper sprayed and tased Wood. Moments later, Wood moved to the driver’s side and reportedly told Morales he intended to pull the shotgun from the center console.

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CA injury lawyerWinter in San Jose can bring a mix of temperatures and weather conditions. Rainy days and colder evening temps mean there is a chance ice can form overnight and create slushy, slippery conditions for sidewalks, walkways, and parking lots. Any type of moisture accumulation increases your risks for slip and fall accidents, which can leave you suffering serious and potentially ongoing injuries. Take the steps now to protect yourself for the coming winter months ahead.

Winter Slips and Falls Injuries

We have all been there. You may be walking to work or out running errands over the cold weather season and you suddenly slip on a wet, slick patch. These occur both indoors and out, on neighborhood sidewalks as well as in stores and office buildings. Even if you do not actually fall, the abrupt movements associated with a slip or trip can leave you with serious injuries.

According to the National Floor Safety Institute, slips and falls account for more than one million hospital emergency room visits each year. Among the common injuries suffered include:

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California accident attorney, California injury lawyerMany injured people and their families have heard of awards for pain and suffering. In many cases, pain and suffering can be a sizable part of a settlement or award for a personal injury claim. Pain and suffering can be awarded in almost any accident, including car accidents, slip and falls, civil assault proceedings, and catastrophic injuries.

Some who are unfamiliar with the law assume that pain and suffering awards are arbitrarily set. People assume that this number is grabbed from the sky by a jury based on how they feel about the victim and the person who was at fault.

This is usually not the case. While pain and suffering seem like an abstract concept, there are ways that professionals who deal with personal injury cases assess what a pain and suffering award will likely be.

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California car accident lawyer, California injury attorneyBeing in a car accident can be a jarring. It is also something that most people do not have a lot of experience handling. People are often uninformed about how best to conduct themselves after an accident and what it takes to prevail in a lawsuit. Some drivers may rush to assign fault - either to someone else or to themselves. Others may try to resolve all issues of damage at the scene.

As attorneys, we can say that none of these are good ideas. Typically, the best thing to do after an accident is to address your injuries with a doctor, comply with law enforcement, and avoid giving your opinion or saying extraneous statements.

These are some common things that get said after an accident that could make your case more difficult even though you were not at fault:

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California accident attorney, California personal injury lawyerTwo lawmakers have put forward a bill that would essentially allow bicyclists to treat stop signs as yield signs. If passed, bicyclists would be able to go through stop signs at clear intersections with nothing more than a rolling stop. The new law would not apply to traffic signals. Proponents of the bill argue that this law would make the roads safer for bicyclists, who are at a great risk of injury in the event of a collision with a motor vehicle.

How Would the Law Make the Roads Safer?

The lawmakers who introduce this bill claim that by reducing the amount of time cyclists are at an intersection, the risk of an accident between bicycles and cars is reduced. Requiring cyclists to come to a full stop substantially increases the amount of time spent at each intersection.

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California injury lawyer, California accident attorneyUnder state law, injury to a person that stretches beyond physical injury can be the basis of a personal injury lawsuit. If you are a victim of mental distress that was suffered after someone intended to hurt you emotionally, California law may provide that you have a cause of action for damages.

Emotional distress can have a huge consequence on your life, and the person who inflicted this harm on you should be held responsible.

Elements of Intentional Infliction of Emotional Distress

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California accident attorney, California injury lawyerLast fall, California legalized lane splitting, the practice in which motorcyclists pass stopped or slow-moving cars by riding along the lane line. California is the first state to recognize and allow lane splitting.

Under the new law, California Highway Patrol will be able to set specific regulations concerning how a motorcyclist can safely lane split. While these specifics have not been made public, it is believed that CHP could potentially make regulations on the following:

  • Speed limits for lane splitting. For example, motorcyclists could not drive more than 10 mph than traffic and should never exceed 30 miles per hour.
  • Where lane splitting can take place. For example, motorcyclists should not lane split at exits and merge points.

The assemblyman who proposed the bill said that the bill aims to reduce traffic congestion while making the roads safer.

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