San Jose California Personal Injury Legal Blog

Car accident leaves woman dead, 2 children injured

When a car crash happens, it can change a family's life in the blink of an eye. A collision that results in the loss of life or in a serious injury can devastate a family both emotionally and financially. When the crash happens because of someone else's carelessness, the tragedy is often amplified. This may be what some California families are experiencing after a recent car accident took one life and left two children seriously injured.

According to law enforcement, the crash happened on a recent late night. They say that one car failed to stop at a stop sign and subsequently struck another car traveling through the intersection. The woman driving the car that was hit died at the site of the crash. Two children in the same car were rushed to a nearby hospital where they had to have surgery to treat their injuries.

Fatal car accident may have been due to DUI

When a car crash happens, a family's life can be changed in the blink of an eye. Those who lose loved ones often struggle to come to terms with what happened, particularly if it seems that the event could have been preventable. This may be what one family is going through after a car accident claimed two lives when, according to California police, an intoxicated driver rear-ended a vehicle.

Authorities say that the crash happened on a recent afternoon at an intersection where a Mercedes sat, a mother and child inside. An SUV allegedly struck the Mercedes from behind and pushed it into oncoming traffic. Police report that a truck ran into the Mercedes and the car then caught fire. The mother and child inside died before first responders could save them.

4 ways to avoid a collision in a construction zone

If you regularly drive in the Bay Area, there is a good chance that you have encountered road construction. In fact, California officials are tackling the largest road-improvement project in recent years. Still, if you are not careful, you may find yourself in the middle of a collision in a construction zone. 

Car crashes in construction zones are likely more common than you think. Because a collision in a construction area may leave you with a catastrophic injury, you must do what you can to avoid one altogether. Here are four tips: 

Amputations are some of the most severe catastrophic injuries

Losing a body part is naturally traumatic, and amputations are typically life-changing injuries. Like all other catastrophic injuries suffered in California, if the negligence of another party caused them, the victim might have grounds for a legal claim. Amputations can involve the loss of a finger, arm, toe or leg, and it might limit the victim's earning capacity as treatment causes extended periods of lost workdays; sometimes, the victim cannot return to the same occupation.

Accidents can cause partial or complete amputations. In some cases of complete amputations, doctors might be able to reattach severed body parts. However, this will only be possible if the stump and the severed body part were treated with the necessary care. Partial amputations can be caused by crushing injuries, and reattachment will depend on the severity of the tissue damage.

Motorcycle accident claims life of 70-year-old man

Though most people who ride motorcycles follow proper safety precautions, they can't always count on others to do the same. Since motorbikes are considerably smaller and offer less protection than passenger vehicles, bikers face increased risk when they get into a motorcycle accident. They are more likely to suffer a serious injury or even lose their life. This was the sad case for one California motorcyclist who died recently after being hit by a pickup truck.

Authorities say that the collision happened on a recent afternoon on a state route. They allege that the pickup truck was traveling north when he came upon a traffic stop, but didn't see it in time. The driver apparently swerved left and struck two other vehicles, crossing into the oncoming lane of traffic. Police say the truck then hit the 70-year-old motorcyclist, whose body then hit a 73-year-old rider on another motorbike. The first motorcyclist died at the scene while the second was rushed to a hospital with what thankfully turned out to be minor injuries.

What are the three categories of intracranial hematoma?

An intracranial hematoma in California is a potentially life-threatening traumatic brain injury. It causes blood to collect and pool inside the skull, putting pressure on the brain. 

If you or someone you know experiences an intracranial hematoma, it is important to seek medical treatment as soon as you can. However, you may not realize right away that a hematoma may have taken place. In the first place, it is a closed head injury that can occur without any fracture of the skull or penetration of a foreign object into the brain. In the second place, the signs and symptoms of a hematoma may take days or even weeks to show up, although they can also occur right away. 

What are California's default speed limits?

It goes without saying that speeding can increase the chances of a person being involved in or causing a car accident in San Jose. Yet many people may miss the general purpose of speed limits. They might think that is the speed at which one traveling through an area must drive. Likewise, some might actually think that there is no speed limit through an area where none is officially posted. These assumptions may lead the person that caused your car accident to claim that they were not violating speed limit laws. A better understanding of general speed limit restrictions might suggest otherwise. 

According to the California Department of Motor Vehicles, there are indeed default speed limits that should be followed. For example, on a divided two-lane highway where no speed limit is posted, the default speed limit is 55 mph. That is also the standard speed limit on such a road for vehicles hauling trailers. 

The role of the blood-brain barrier in traumatic brain injury

Motor vehicle accidents happen every day in San Jose, but serious injury is not always the result. In some cases, parties may believe the crash was so mild that there is no need to exchange information or visit a hospital.

However, a day or two later, you may find that your head is pounding and it seems to worsen with each passing hour. Is this related to the accident or the stress surrounding it? A traumatic brain injury may occur even in a mild accident, and the signs may not manifest immediately. One of the dangers of a brain injury is the disruption in the function of the blood-brain barrier. Discover the ways this integral part of the central nervous system can contribute to a TBI.

Survival actions explained

Those in San Jose who are involved in accidents that result in extensive injuries may have cause to pursue claims against the people that caused said accidents. Yet before they can initiate action, they typically need time to recover from their injuries. Many often wonder, then, what happens if those people ultimately die before being able to pursue their claims? The immediate assumption may be either that their claim dies with them, or those that they leave behind file a wrongful death lawsuit on their behalf. 

In many cases, neither may be true. Per the California Code of Civil Procedure, if a cause of action exists to pursue a personal injury claim, that cause survives the death of the person to whom it belongs. The deceased claimant’s personal representative can then pursue the claim on their behalf. This may sound to some to be exactly like a wrongful death lawsuit, and indeed both forms of litigation are similar. There are, however, some distinct differences between the two. 

The dangers of tire blow outs

Unfortunately, many Californian drivers do not understand the true risks that a blown-out tire can present. Understanding what to do in the aftermath of a tire blow-out can potentially help a driver avoid a future crash.

First, FindLaw examines some of the potential sources of weakness in a tire. Manufacturing errors can and do lead to tire blow-outs. They may result in zipper failures, bead failures, and tread separation.

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