San Jose California Personal Injury Legal Blog

Drunk driving continues to plague U.S.

As people in California enjoy the holiday season, attention should be turned to the ongoing problems associated with drunk driving. This time of year tends to see an increase in the number of parties or other gatherings at which alcohol is served, thereby logically increasing the potential number of impaired drivers on the road. Despite increasingly tough laws and awareness campaigns, many people will simply not make a safe choice and avoid driving after drinking.

Mothers Against Drunk Driving reported based on data from the National Highway Traffic Safety Administration that two-thirds of people will be involved in a vehicle accident in which alcohol was a factor during their life. The Federal Bureau of Investigation indicates that a person is likely to have driven while under the influence at least 80 times before they are ever arrested for a first driving under the influence offense. 

Understanding the concept of negligent entrustment

Those driving on San Jose's roads likely strive to be mindful of the other motorists around them, with the expectation that the same courtesy will be returned to them. Yet people have no control over the actions of others, and the chance of encountering a reckless or incompetent driver is ever-present. Teen drivers (whose skills are likely still relatively green) might pose a particular threat. While they need opportunities to gain experience behind the wheel, their parents or guardians are expected to try and ensure that experience is attained without posing a risk to others. If and when that expectation is not met, one might wonder if liability would then fall to said parents rather than their teens. 

Assigning liability to a parent when their teenage driver causes a car accident is possible through a legal principle known as negligent entrustment. To apply negligent entrustment to such a case, California's Civil Jury Instructions mandate that a plaintiff prove the following elements: 

  • The teen was negligent in the operation of the vehicle
  • Their parents had given them permission to use the vehicle 
  • The parents knew (or should have known) of the teen's reckless tendencies behind the wheel (or the risks they posed due to their lack of experience driving)
  • Knowing this, the parents still entrusted the teen with the vehicle
  • The teen's recklessness or incompetence was a substantial factor in causing the accident

Safety risks that can come up over baby products

It is important for parents of newborns to think carefully about safety when it comes to the products in their home. There are a variety of products that can pose infant safety risks. And baby products are not exempt from this.

Some parents might assume that products marketed to be used for babies would be safe. Unfortunately, this is not always the case. There are a range of safety risks that can come up in relation to such products. It can be important for parents to be aware of these risks.

Most common explanations for Uber accidents

In recent years, Uber has experimented with self-driving vehicles. When one of these self-driving cars struck a pedestrian, it forced the company to suspend the project in California. 

While these autonomous vehicles are still a long way from widespread use, there is still the risk that people can sustain injuries from getting into an Uber with a human driver behind the wheel. Passengers have suffered injuries to the knees, hands, neck and head from Uber drivers not paying attention. There are many reasons why this happens, and it is vital to be cognizant if you suspect that your Uber driver is not fit to drive. 

Garbage Truck Accidents: Was the truck's blind spot involved?

Early in the morning in most cities, a fleet of garbage trucks, recycling trucks and yard waste trucks travel the streets and roads of the community. These trucks can usually be driven from the right or left side of the cab depending upon the task at hand

World Cup-- soccer and head injuries

The 2010 World Cup started on June 11, 2010, with South America and Mexico drawing a tie in the first match of the tournament. Every four years, the United States, with increasing popularity, diverts their attention away from golf, baseball and basketball to enjoy the sporting event that enthralls the rest of the world on a daily (if not hourly) basis.

Email Us For A Response

Tell Us About Your Serious Injuries

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

San Jose Office
2007 West Hedding Street
Suite 100
San Jose, CA 95128

Phone: 888-989-7432
Fax: 408-292-1264
San Jose Law Office Map

Montery Office
2600 Garden Road
Montery, CA 93940

Montery Law Office Map