San Jose California Personal Injury Legal Blog

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.

Revealing the dangers of eating and drinking while driving

In the immediate aftermath of you having been involved in a car accident in San Jose, your first thoughts may be how is that the person that caused the accident could have lost control of their vehicle in the way that they did. After seeing them with food or grease stains on their clothing (or spills on the seats or floor of their vehicle, you may just have your answer. Many of those that come to see us here at Shea & Shea - a Professional Law Corporation are surprised at just how distracting eating while driving can be. If you share the same surprise, a quick glance at why eating behind the wheel can be so distracting will show you why. 

Per information gathered in a joint effort between the American Academy of Orthopaedic Surgeons and the Auto Alliance, eating and drinking behind the wheel causes three types of distractions: 

  • Cognitive: Having to take one’s attention away from the road
  • Visual: Having to take one’s eyes off the road
  • Manual: Having to use one (or both) of one’s hands

Woman arrested following fatal crash in Tulare County

The term “car accident” is used to describe collisions between vehicles on San Jose’s streets because most such incidents are indeed accidents in which the people that caused them had no intention of causing harm. While that may have little impact on the devastating outcomes that such accidents can produce, it may affect the attitudes of those involved. However, when one acts so recklessly as to show an indifference towards the safety of others, then the decision of whether or not to seek legal action following an accident that such a person causes may be an easy one for accident victims to make. 

Such indifference seems to have been on fully display in a fatal car accident that recently occurred in Tulare County. A woman was reportedly driving her SUV the wrong way on Highway 65 when she came across two motorcycles (each carrying both a driver and a passenger). She struck both vehicles, killing all of the occupants. She was also taken to a local hospital for treatment, but was later released. Subsequent testing showed that she was intoxicated at the time of the accident, and she was also reportedly driving with a suspended license. She now faces multiple criminal charges. 

How often are work zones a factor in car accidents?

California sees its fair share of construction projects, and while road construction can make an already congested highway even more of a pain, it can also potentially place your life in danger. Unfortunately, road construction is not going away anytime soon, so the more you understand about the risks work zones present, the better.

According to the U.S. Department of Transportation’s Federal Highway Administration, while road fatalities outside of construction zones have decreased nationwide, road fatalities within construction zones are on the rise.

Defining the duty of care of property owners

Like most in San Jose, you understand that when you own property, you are responsible for whatever happens on it. The issue of liability for any accidents or injuries that occur on your land or in your home, however, can often be very complex. Many have come to us here at Shea & Shea - A Professional Law Corporation asking whether any issues that occur on their properties are automatically their fault, or whether or not personal responsibility on the part of the injured party plays a role. If you have the same question, then it is important that you understand your duty of care as a property owner. 

Section 1001 of California's Civil Jury Instructions show that you must exercise reasonable care in identifying and repairing, replacing or offering a warning of any potential hazards that exist on your property. If someone is injured on your property, the court considers the following factors when assigning blame: 

  • The likelihood that someone would enter on to your property in the manner the injured party did
  • The likelihood of any conditions existing on your property could cause harm (and the potential extent of that harm)
  • Whether you should have reasonably known of the potential risks posed by such a condition
  • The extent of control you had over the condition ever arising in the first place
  • The difficulty in protecting others from said condition
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Shea & Shea - A Professional Law Corporation
2007 West Hedding Street
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San Jose, CA 95128

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