The Law Offices OfPhilip M. Tobin

San Jose Personal Injury Law Blog

Is legalized marijuana contributing to an increase in accidents?

The legalization of marijuana in California has been a big win for those who support this movement. Many states have also legalized the drug in one way or another. Since this has been a fairly recent movement, there has not been a lot of information about the impact it has on society. However, recent reports from NBC News suggest that the legalization of marijuana may have a link to an increase in auto accidents.

Statistics gathered from states with legalized marijuana show a large increase in the number of auto accidents. The increase was six percent over previous years before the legalization. These statistics were compared with neighboring states that do not have legal marijuana. However, it is difficult to know how large of a role marijuana plays for a few reasons.

What is statute of limitations?

When you want to take any case to court in California, it is important to understand the statute of limitations. This key point to any legal case will allow you to know if you can file a lawsuit or make a claim. It also dictates to prosecutors whether they can make criminal charges against someone. In a wrongful death case, it tells you when you should file your case and ensures you are within the legal time frame to do so.

The California Courts explains a statute of limitations is the time limit in which you can file a legal case. It also tells you when the time begins. In a wrongful death case, for example, the statute of limitations tells you the clock starts at the moment of the incident and ends two years later. So, you have two years in which to file you case after the incident occurs. If you fail to file your case within the statute of limitations, the court will probably throw it out because the time limit expired.

Seat belts can save your life in a collision with a semi-truck

On any given day, tractor-trailer trucks line California freeways and secondary roads. While they are a vital part of the economy, they can also be hazardous when the driver suffers from fatigue or distraction. At The Law Offices of Philip M. Tobin, we often represent clients seriously injured in a collision with a big rig.

According to LiveStrong, while airbags and seat belts can prevent serious injuries in a collision with another vehicle, they also create injuries of their own that are not always obvious. Watching for symptoms in the days following an accident is crucial in identifying and treating the injury:

  • Weakness in the legs can result from damage in the spinal nerves, abdomen or lower back. General feelings of weakness or dizziness can also indicate internal organ damage or shock.
  • Blood in your stool or urine may signal damage to the bladder or urinary tract, occurring when the pressure of the seat belt compresses those areas in an accident. Vomiting or coughing up blood could mean you have a respiratory tract injury or lung damage.
  • Abdominal pain and pain between the hips and ribs where the lap strap rests might be the result of kidney damage. If not treated, the injury can lead to infections, delayed bleeding and kidney failure.
  • Difficulty breathing after an accident may signal heart or lung damage.
  • Neck stiffness requires monitoring. While it could be whiplash, it may also indicate a spinal injury.

Do semitruck drivers get enough training to be safe?

It can be quite nerve-wracking to glance up into the rearview mirror and see a huge semitruck bearing down on your bumper. You can only hope that the driver has sufficient training and experience to avoid a catastrophic highway accident.

But do truckers get enough training before being turned loose on the roads? Certain factors currently affecting the trucking industry may mean that they don't.

How can I cope with post-injury depression?

Car accidents involving pedestrians can result in severe and sometimes debilitating injuries. Along with significant physical effects, people with serious injuries may also experience depression or other mental health issues, and these can get in the way of the recovery process. To help you cope after an accident, Thrive Global offers the following advice.

First of all, don’t forgo diet and exercise while you’re in recovery. While you may experience challenges when it comes to physical activity, your medical team can offer instruction on what is and is not safe for your condition. Staying fit has an impact on your mental and emotional health, and spending most of your time in bed or on the couch may only exacerbate bad feelings. The food you eat also plays a role in mood, so make sure your diet includes, fruits, vegetables, lean proteins, and other healthy items. 

What are the helmet laws in California?

When riding on a motorcycle, you are very vulnerable. Other vehicles on California roadways are much larger and pose a serious risk to you. In the event of an accident, the only protection you have is the safety gear you have on. While you have the option to wear certain types of safety gear, there is one thing the law mandates you to wear. According to the Department of Motor Vehicles, every person on a motorcycle must wear a helmet.

You can choose to wear a half shell, full face or three quarters helmet, but any helmet you wear must have certification that it meets the U.S. Department of Transportation criteria. You will know a helmet has certification by a permanent mark on the helmet. It may say something such as DOT certified.

What should I do after a hit and run?

Nothing is more frustrating to a driver than being involved in a hit and run accident. Taking the proper steps after an accident is crucial, especially if you’re injured or your vehicle has sustained damage. State Farm offers the following tips so you can achieve justice in the wake of a hit and run.

Stay at the scene

What are the five stages of grief?

Losing a loved one to a tragic accident can feel like your world is ending. While all people navigate their losses differently, grief often occurs in five separate stages. Psych Central offers insight into these five stages, which can help you work through your own personal grieving process.

A sudden loss can be startling, which is why many people’s first reaction is denial. While it may seem negative, denial is actually a way of protecting oneself from the shock of what occurred and the accompanying negative emotions. Once reality sets in, anger often follows denial as the next step in the grieving process. Anger can be directed at the person lost, medical staff for not being able to save their life, or even yourself for not being able to do more. Anger can be intense after a loss, and if you believe you are a threat to yourself or others seek out professional assistance right away.

Injuries to cyclists may result from driver negligence

Biking on the streets in California is a hobby or form of transportation that you can enjoy year-round. There are many potential benefits to biking, ranging from the health benefits of aerobic activity to the reduced carbon footprint of not driving a car. Unfortunately, sometimes riding your bike on public streets could prove dangerous.

You could suffer severe injuries, likely due to the negligence of someone in a larger, passenger vehicle. Negligence and poor driving habits both contribute substantially to the risk that cyclists face on roadways shared with enclosed vehicles.

Man charged with murdering his fiance now facing lawsuit

When families are reeling with the emotional turmoil of losing a loved one in California, coming to terms with their loss can undoubtedly take time and a strong support system. In unfortunate circumstances where the victim's death was the result of another person's wrongdoing, recklessness or negligence, the circumstances surrounding the death can increase the pain and make it that much harder to accept what has happened. 

For one Colorado family, this is the type of challenge they are now facing following the death of a young mother who was a respected flight instructor and pilot. After initial investigations revealed evidence that the woman was killed in her own home, authorities focused their attention on the woman's fiance. After gathering additional evidence, he was arrested and charged with her murder. 

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