Blog

CA injury lawyerA pedestrian is defined by the National Highway Traffic Safety Association (NHTSA) as any person who is on foot, walking, running, jogging, hiking, sitting or laying down. This means that everyone is a pedestrian at some point throughout the day. Unfortunately, pedestrians are one of the few groups that have seen an increase in fatalities each year since 2007. In 2016, there were nearly 6,000 pedestrians killed in traffic crashes, which amounted to 16 percent of all traffic fatalities. In an effort to combat this increase in fatalities, the NHTSA has studied the risk factors that contribute to pedestrian fatalities.

Age: According to the NHTSA, Americans ages 50 to 59 experienced the highest number of pedestrian fatalities. Children ages 10 to 14 experienced the highest percentage of pedestrian fatalities in 2016 - 22 percent of total traffic fatalities were to pedestrians in this age group. This was matched only by the age group of Americans ages 50-54, which also had the same percentage of pedestrian fatalities.

Alcohol Involvement: As with traffic crashes in general, the risk of getting into an accident increases when there is alcohol involved. The NHTSA found that either the driver, the pedestrian or both had consumed alcohol in 48 percent of fatal pedestrian accidents.

...
Continue reading

CA injury lawyerWhen a driver takes their attention away from the task at hand, everyone is in danger. Not only are other motorists in danger, but pedestrians and bicyclists are also put at risk - and it is a big issue. The National Highway Traffic Safety Association (NHTSA) reported that in 2016, around 3,450 people were killed in distraction-related accidents, or nine percent of all fatal accidents that year. Most of the conversation surrounding distracted driving focuses on cell phone usage, but many other things are actually included in the distracted driving conversation.

Manual Distractions

These type of distractions occur when a driver takes one or both hands off of the wheel for any reason. Even seemingly simple things like adjusting the air conditioner or turning up the music can distract you from actually driving. Examples of manual distractions include:

...
Continue reading

CA accident lawyerThe most important thing you need to have when you get into a car accident is evidence. Without evidence, it will be extremely difficult - if not impossible - to claim any damages from your accident. Even the smallest accident can startle a person, but the steps you take immediately after the accident can be crucial. By understanding how you can collect necessary evidence and what types of evidence can help your case, you might be able to save yourself some stress in the event of a car accident.

Police Reports

This can be one of your most useful tools in a car accident case. Most of the time, when you get into an accident and you call the police, they will come to the scene of the accident and will file a report about the crash. Things that are included in the police report are:

...
Continue reading

CA injury lawyerThe birth of a baby is supposed to be a joyous and celebratory time, but for some, their celebrations do not last very long. Out of 1,000 babies born in the United States, six to eight of them are born with a birth injury. There are several different types of birth injuries and they each have their own symptoms and complications. The sooner you recognized the symptoms of a birth injury, the sooner you can get help for your precious little one.

What Are Birth Injuries?

Most births go as planned, with the baby delivered safely. Every once in a while, there will be some unforeseen circumstance or misjudgment on the doctor’s part that will cause injury to the baby as it is being born. By definition, a birth injury or birth trauma is a physical injury that occurs during the baby’s birth. Several factors increase the likelihood of a birth injury, including:

...
Continue reading

CA injury lawyerA California postal worker was found dead in her truck Friday during what turned out to be a record-breaking hot day in Woodland Hills. The 63-year-old worker was delivering mail when it was 117 degrees outside, the hottest temperature recorded in Woodland Hills since 1976, when the temperature reached 106 degrees. The woman’s family is blaming her death on the heat and is pushing the U.S. Postal Service to change their protocol on high-temperature days.

Cause of Death Is Undetermined

The woman, who had worked for the U.S. Postal Service for 28 years, had just returned to her job after months off for a broken ankle. Her family stated that she had previously suffered a heat stroke, and also thinks the heat has something to do with her death. When the woman was found unresponsive in her truck, emergency responders attempted to revive her, but pronounced her dead on the scene after several attempts. The Los Angeles County coroner said an autopsy was performed, but her cause of death is still pending.

...
Continue reading

CA sexual harassment lawyerSexual harassment in the workplace is a serious issue that still takes place today. According to the California Department of Fair Employment and Housing, 554 complaints were filed concerning sexual harassment in the workplace in 2016. Often, sexual harassment is a way that people discriminate against sex or gender, but it can also be used to discriminate against gender identity, gender expression or sexual orientation. Employers have a responsibility to take reasonable steps to prevent harassment and to appropriately respond to harassment allegations. It is important for employees to know their rights when it comes to harassment.

Legal Definitions of Sexual Harassment

In the state of California, sexual harassment is defined as unwanted sexual advances, or unwanted visual, verbal or physical conduct of a sexual nature. There are two types of sexual harassment: quid pro quo harassment and hostile work environment harassment.

...
Continue reading

IL injury lawyerDogs can be man’s best friend, but they can also pose a danger. According to the American Medical Veterinary Association, more than 4.5 million people are bitten by dogs each year. Out of those, nearly 800,000 people sustained injuries so serious they had to seek medical attention. Dog bites can cause damage to nerves, blood vessels, muscles, and bones, but they can also cause serious infections, such as rabies, tetanus, MRSA and others. Understanding warning signs that a dog might bite and what to do if you are bitten can help you protect yourself from dangerous injuries.

Reading Dog Body Language

According to the Humane Society of the United States, knowing the body language that a dog is exhibiting can help prevent dog bites. Dogs have a different way of showing their emotions than people do, but they do have a predictable pattern of behaviors. These are some signs that a dog is distressed and you should keep your distance:

...
Continue reading

CA injury attorneyIn recent months, Uber, a popular ride-sharing service, has been under fire for multiple issues surrounding sexual harassment, including multiple Uber drivers being accused of sexual assault or abuse and Uber changing their policy regarding sexual harassment to not require victims to settle disputes through arbitration. Now, a former Uber employee has filed a lawsuit against the company for sexual harassment, sexual and racial discrimination and retaliation.

The Case

A former Uber software engineer has filed a lawsuit in California Superior Court stating that she faced “a male-dominated work culture, permeated with degrading, marginalizing, discriminatory and sexually harassing conduct toward women.” The suit also cites events such as a male employee making public degrading statements about women. The same employee also spread a false rumor about her sleeping with someone in the company.

...
Continue reading

Illinois injury lawyerSince the inception of motor vehicles into everyday life in the early twentieth century, our lives have become easier and faster. Unfortunately, along with the innovation, a new category of injuries comes with it - motor vehicle injuries. More than 2.5 million Americans went to the emergency department because of injuries sustained in car accidents in 2012.

 1. Whiplash or Neck Injuries

Neck sprains and strains, which are commonly known as whiplash, are the no. 1 most frequently reported injuries in U.S. insurance claims, according to the Insurance Institute for Highway Safety. In 2012, whiplash injuries accounted for 26 percent of the total payout for crash injuries.

...
Continue reading

California injury lawyerWhen a beloved family member is killed or dies due to some sort of negligence, the grief and pain one experiences may stay with them forever. Often times the families of victims choose to pursue a wrongful death lawsuit in an effort to, among other things, prevent like incidents from reoccurring and punish those responsible.

You Won … Now What

Reliving the circumstances surrounding the accidental or negligent death of a loved one is never easy, but finding that the judicial system agrees that those who you consider responsible should be held accountable offers a measure of vindication. However, that vindication can be short-lived, as demonstrated in one, high-profile case that has played out for more than 20 years.

...
Continue reading

California personal injury lawyerThe California State Assembly is considering new legislation that would allow victims of sexual harassment more time to file charges or take other legal action. The effort in response to and in support of the countless victims across the state who have found their voice among a growing group of others who experienced harassment at the hands of a co-worker, boss or another individual in a position of power or authority.

Assembly Bill 1870

The California State Assembly was presented with a new bill on the first day of the body’s 2018 legislative session as part of a concerted effort to respond to the increasing number of sexual harassment allegations, including within its own halls, being brought forward by past victims:

...
Continue reading

California injury attorneyThe utter devastation caused by a recent spate of fires that raged through the California countryside is now being blamed for more than just the destruction of countless acres of forest and neighborhoods. More accurately, perhaps, the company thought responsible for the Thomas, Creek and Rye fires is the target of personal injury suits filed on behalf of individuals whose lives were adversely affected by the flames.

Utility Infrastructure Is Being Blamed

A California law firm that filed suits on behalf of six plaintiffs is alleging that a spark from electrical infrastructure owned by an electricity provider caused the fires that caused damage and injury to their clients. The suit claims:

...
Continue reading

California injury lawyerSeemingly, no career or workplace is totally without risk for injury. The fact is that on-the-job injuries take place all the time. We like to use this space to discuss various situations that result from worksite injuries, negligence, or other circumstances, as well as the consequences and avenues one can pursue in seeking appropriate justice or compensation.

Cause and Responsibility

While some career choices come with greater inherent risk of injury or death than others, inherent risk does not clear an employer or worksite manager if one can prove negligence or illegal behavior caused or contributed to an on-the-job injury. One such incident is being tried in Philadelphia, PA, involving the family of a jockey and a large gaming company.

...
Continue reading

California injury lawyerPlaintiffs in a federal civil case being heard in Illinois received unexpected good news late last year when the city of Chicago halted court proceedings and agreed to an out of court settlement. Although lawyers could not comment on the settlement of the wrongful death suit, it has the potential to result in a multi-million dollar payout.

Decades-Old Criminal Activity Basis for Wrongful Death Suit

Two families had filed a wrongful death lawsuit against the city of Chicago, claiming it was responsible when the allegedly drunk actions of an off-duty municipal police officer resulted in the deaths of two men. A couple of key factors may have contributed to the city’s willingness to settle the wrongful death suit, rather than proceed with a trial.

...
Continue reading

CA injury lawyerThe past few years have seen an increase in the number of severe brain injuries reported by former football players. In an attempt to understand the connection between the game and head injuries, and find ways to better diagnose medical issues as well as protect players, a number of groups have taken steps to address the topic.

Concussions and Worse

Not too long ago football players would talk about getting their “bell rung.” However, new information indicates that those incidents may very well have been concussions, injuries to the brain, that have a very negative impact on the sufferer’s cognitive abilities. However, the minimization of concussion impact or the misdiagnosis of the injury has led to a recent increase in the filing of lawsuits related to this issue.

...
Continue reading

California injury attorneySome people might have you believe that sexual harassment is a rare occurrence. However, the recent avalanche of revelations and allegations coming out of Hollywood clearly indicate that no industry is immune to this type of behavior. One lesson from these latest stories is that a victim of unwanted sexual advances in the workplace need not be a movie star to seek protection under the law.

Some Signs of Sexual Harassment

It is not at all uncommon for the victims of sexual harassment to doubt themselves or experience anxiety about bringing inappropriate behavior to the attention of a manager or supervisor at work. Sometimes the behavior is so subtle the victim just is not sure. Listed below are some common signs that you or a coworker may be the target of unwelcome advances of a sexual or intimidating nature at your place of employment.

...
Continue reading

California defense attorneyUniversally known as man’s best friend, the dog is often the subject of controversy when discussion turn toward incidents of dog attacks, bites and calls for banning certain breeds from within the limits of a city, town or county. On whichever side of the breed ban debate you fall, it should be acknowledged that suffering a dog bite is not only physically painful but also can have an emotional and psychological impact on the victim.

What Causes a Breed Ban

Usually, a pattern of attacks or one, single horrific event is enough to make groups push for a ban on the offending breed. The laws aim to restrict or outright ban ownership of specific breeds of dog, typically those considered to be most dangerous or aggressive.

...
Continue reading

California injury attorneyMost drivers think they know traffic laws well. Perhaps that is true for most of the basic laws pertaining to driving and rules of the road, but should you find yourself involved in a car accident it is important to understand that no two traffic accidents are exactly alike. This is not only true because of the sheer number of drivers on the road, but also in part to changes in laws, enforcement techniques, and even automobile technology.

Emergency Vehicles Have the Right of Way

According to California law, emergency vehicles using sirens and/or lights have the right of way. This includes fire trucks, police cars, ambulances and other emergency vehicles. You can avoid causing or being in an accident if you take the following actions when you see emergency lights or hear sirens while driving.

...
Continue reading

California accident attorneyA car accident is never a pleasant experience, but dealing with the legal and financial aftermath of a crash will often just make things worse. As you receive treatment for your injuries, arrange repairs for your vehicle, file police reports, work with your insurance company, and try to get your life back on track after the upheaval the accident has caused, you may also face the difficulty of establishing liability for the accident so you can seek compensation through a personal injury claim.

This process can become even more complicated when multiple parties are at fault for the accident. If you were partially responsible for the crash, you may not be sure about your eligibility for compensation. In these cases, it is important to understand California’s laws about comparative fault.

Negligence and Fault Under California Law

...
Continue reading

California accident lawyerEveryone has an equal right to use the road, whether they are driving a car, truck, or SUV, operating a tractor-trailer truck, or riding a motorcycle. However, out of these groups of drivers, motorcyclists are often at the highest risk of injury, since they do not have the protection or safety features provided by larger vehicles.

When you drive, you should do everything you can to follow good safety practices. This will not only reduce your own risk of injury, but it will help everyone else who shares the road with you stay safe as well. Unfortunately, many drivers have difficulty seeing motorcycles, or they do not pay enough attention to them. By following these tips, you can help keep everyone safe on the road and avoid motorcycle accidents:

  1. Watch for lane splitting - In California, it is legal for motorcyclists to ride in between lanes of vehicles traveling in the same direction, although the California Highway Patrol recommends that motorcycles should not drive more than 10 miles per hour faster than surrounding vehicles, and they should only drive between lanes when vehicles are moving at 30 miles per hour or slower. Drivers should be aware of any motorcycles that are lane splitting when they change lanes.

    ...
Continue reading
Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
Facebook Twitter LinkedIn Lawyers Justia