The Law Offices OfPhilip M. Tobin

San Jose Personal Injury Law Blog

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. 

Learning these pedestrian safety tips can protect you

Whether you are walking in a high-traffic area or through your neighborhood, walking in areas where there are motorists in California means that you are vulnerable to being hit, especially if you are not paying attention or if a driver does not notice you. At The Law Offices of Philip M. Toban, we have helped many victims of motor vehicle collisions throughout their recovery and efforts to get compensation for their injuries. 

If you are hit by a car while you are walking, it is usually because of one of two reasons: first, you were distracted or your attention was diverted away from what is around you and you walked into the path of a vehicle or second, despite your efforts to pay attention to where you are going and traffic signals, a passing motorist was distracted and did not notice you and crashed into you. While you should always be vigilant in watching what is going on around you, it is also important to make eye contact with drivers before crossing a street so you can be confident that they see you and are going to stop. 

Driving risks and the holidays

The holidays present a number of risks for drivers in California. Many people travel to visit friends and families, and the sheer volume of other drivers on the road during this time can lead to an increase in accidents. You should take care driving at any time, but especially at the end of the year. 

The National Safety Council offers some helpful hints for driving during the holidays. Prepare for heavier traffic than normal, with people out and about shopping or attending festivities. This means giving yourself extra time to get to your destination and driving defensively. It is especially important during this time to keep all distractions to a minimum.

What are 3 benefits of hiring a personal injury attorney?

Auto accidents are an unfortunate fact of life. If you were injured in an accident with an at-fault driver here in San Jose, you will need to file a claim for damages in order to recoup any losses from the collision.

You may be tempted to handle your own personal injury claim after getting hurt. While some very minor claims may be effectively managed by the claimant, there are major benefits to retaining an experienced personal injury attorney to handle your case.

What is the right of way for pedestrians?

The roadways in California are a shared space. They see not only traffic from passenger and commercial vehicles but also pedestrians. Everyone on the roadways needs to obey the law and watch out for each other to avoid accidents. As a pedestrian, you should know and understand the right of way rules as explained by California Legislative Information.

To begin with, crosswalks can help keep you safe. These marked walkways alert motorists that you may be in the area and help them to pay more attention. If you are in a crosswalk, a motorist must yield to you. However, this does not give you the right to run in front of a vehicle or to cross when you know a vehicle is coming. If you see a vehicle coming down the road, you cannot begin crossing until you have clearance to do so safely.

Who can sue for wrongful death?

When a person dies due to the negligence or oversight of someone else, there may be grounds for a wrongful death lawsuit. However, not just anyone may file this type of case in California. According to California Legislative Information, there are only a few specific people who have the right to sue for wrongful death.

The most obvious group of people are the deceased immediate family. If your spouse died, you may bring the lawsuit. The same is true if it was your domestic partner. It is also possible to bring a lawsuit if you are the child of the person who died or someone who was financially dependent on the person. Financial dependence can be anyone who relied on that person to take care of him or financially. This might be parents or stepchildren. This may also include an ex-spouse who received financial support from the person. It is also possible for you to bring the lawsuit if you are a minor who lived with the person for the previous 180 days. You also must have been financially dependent on the person who died.

Understanding respondeat superior

If you are lucky enough to walk away from a truck accident in San Jose, your gratitude at being alive may quickly be tempered by the realization that you could still face inordinate expenses from whatever injuries you and/or your passengers may have sustained as well as from the damage caused to your vehicle. Many of those that we here at The Law Offices of Philip M. Tobin have worked with in similar circumstances have found themselves needing to seek compensation to cover their accident-related costs. If the same is true for you, then you may be wondering who bears the brunt of the liability in your case. 

When your accident is caused by a truck driver, it is hard to avoid first looking at them as the one primarily responsible. Yet what about the company that put them in the position to cause a collision in the first place. The legal principle of respondeat superior allows you to assign liability to an employer when you are injured due to the actions of its employee. 

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