The Law Offices OfPhilip M. Tobin

San Jose Personal Injury Law Blog

Facial scarring due to a pedestrian accident

Pedestrian accidents can lead to many consequences for victims, whether they lose their lives or struggle with immobility that will affect them permanently. However, there are many other potential concerns for pedestrians who are struck by victims, even if they are fortunate to survive a brutal accident without any major issues regarding mobility or broken bones. For example, a victim may sustain facial scarring due to impact with the vehicle that struck them or after hitting their head on the ground. Sadly, these scars can be devastating in more than one way.

Those who sustain facial scarring may struggle with depression and a lack of confidence. In some cases, they may lose their job or find it harder to gain new employment, especially if the position requires a certain appearance (models, actors, those who work in television, online celebrities and so on). Facial scarring can also be very painful from a physical point of view and it may lead to costly expenses for those who try to address the scarring.

Bad weather, reckless drivers and auto crashes

There are many different ways in which careless drivers cause accidents, whether they forget to pay attention to the speed limit or they foolishly decide to drive after drinking too much. However, reckless drivers can be even more dangerous at certain times, such as periods of low visibility or during inclement weather. For example, a drunk or distracted driver may be especially likely to cause a crash if there is dense fog or the roads are slick as a result of heavy rainfall.

From heavy wind and strong rain to fog, snow, ice and hail, there are all sorts of weather-related threats to be aware of while you are driving. Sadly, careless drivers are often less likely to be mindful of these risk factors while they are on the road, and the consequences of an accident they cause can be devastating. Our law office understands that for many car crash victims, daily life is extremely difficult. Some have given up hope, while others are in a great deal of pain (not only physically, but mentally and financially too).

How can I cope with grief after a loss of a spouse?

Losing a spouse is profoundly tragic, especially when the loss is caused by another person's negligence. Along with practical issues like arranging the funeral and settling medical debt, the remaining spouse will also experience a wide range of emotional and psychological effects. To better deal with these effects, Very Well Mind recommends the following tips. 

Your surrounding social network is crucial at this time. Seek out support from friends and family when you're feeling low, even if you'd prefer to remain isolated. If you lack a social network or feel uncomfortable spending time with friends you shared with your spouse, you should look for other outlets for socialization. For example, grief support groups add a lot of value to people reeling from the loss of a loved one. You can also pursue beloved hobbies or interests, which will introduce you to new people.

Can you trust an insurance company after an accident?

If you're part of a car accident, even one in which you don't suffer a serious injury, you'll find yourself in contact with your insurance company in the near future. It's easy to believe that your agent is on your side, but this isn't always the case.

Don't put too much trust in your insurance company and agency, as doing so can lead you to make mistakes that stop you from receiving all the compensation you deserve.

How can I stay safe during long road trip?

A road trip is a perfect way to see the great state of California. Along with planning for fun and adventure, you'll also need to take some steps to ensure your road trip is as safe as possible. Nationwide offers the following safety tips so you and your passengers remain secure no matter where you end up. 

A road trip is all about enjoying the experience. That's why rest breaks are so important. It's recommended that drivers stop at least every two hours when making a long journey by car. Think about your route and when the best time to make these mandatory rest stops might be. For instance, if there are attractions you're interested in seeing, try to plan your rest breaks around those. You should also stop for meals and bathroom breaks as needed. 

Can parents sue a school after a shooting?

The school shooting occurring at Marjory Stoneman Douglas High School in Parkland, FL in 2018 is a part of a years' long sad and sickening trend of violence involving this nation's children. Survivors of the shooting and victims' families have launched more than 100 lawsuits against the school board for its failure to protect children and staff. Education Week explains the motivations behind these suits and the chances that claimants will receive a successful verdict. 

While the trial is still ongoing, alleged shooter Nikolas Cruz has given a confession on camera stating his responsibility for the incident. Courts are also working to determine the liability of the school district itself when it comes to the 17 deaths and 17 injuries that occurred because of Cruz's actions. One suit cited the Broward County school district's inability to protect students and staff, calling the failure “unreasonable, callous and negligent”. 

What can commercial drivers do to keep others safe?

It's up to commercial drivers to behave in a safe and responsible manner at all times. Doing so can prevent major accidents from occurring, which may cause significant property damage and severe injuries. Accordingly, the Federal Motor Carrier Safety Administration recommends the following tips to help commercial truckers and other drivers to make safety a top priority. 

Before setting out, truckers are encouraged to check and re-check the condition of their vehicles for any issues. When hauling a heavy load, the mechanisms used to secure it should be assessed for security. Truckers should also make sure there aren't any loose items that could possibly break free. Components of the vehicle should also be assessed. This includes brakes and tires, which can pose a significant safety issue when malfunctioning. 

What is lane splitting?

Driving around motorcycles can be a different experience for California drivers. Motorcycles are narrow and smaller than cars, which makes them harder to see, and motorcyclists operate differently than motorists do. One driving phenomenon that is unique is lane splitting, which is only legal in the state of California. It is important that both motorcycle and vehicle operators understand what it is and how to deal with it to enhance safety on the road.

According to the American Motorcyclist Association, lane splitting happens when a motorcycle splits or shares a lane with another vehicle. While this may seem like a dangerous move, studies show that the practice actually improves motorcycle safety. Congested traffic can pose a danger to motorcyclists, but being able to pass next to vehicles reduces their exposure to things such as rear-end crashes. Lane splitting can also decrease the incidences of torso, head and fatal injuries.

Factors that impact injuries in car wrecks

People who are involved in car wrecks can suffer from a variety of injuries. When they go in for medical care after the crash, the nurses and doctors will look into the type of impact that took place to determine what injuries are most likely.

While most individuals look at the wreck as one single impact, the medical staff will look at three separate impacts that are intertwined.

  • Impact of objects: This includes the vehicle and whatever it came into contact with. This can be another car or something like a tree or roadside barrier.
  • Impact of the body: This includes whatever the body hits, as well as the location on the body that is hit. In many vehicle accidents, a person will hit the dashboard, the steering wheel or windows.
  • Impact of the organs: Even though you can't see it, the violent jerk that comes with a car wreck forces the organs to move around. They can slam against the supporting or protective structures. An example of this is the brain slamming against the skull, which can cause bruising or other damage to the brain.

Is it legal to use a cell phone while driving in California?

As a California driver, you may have heard a lot of discussion about distracted driving, especially with the state's recent public awareness campaigns. While most of the PSA materials discuss the dangers of distracted driving, they do not clarify the legal specifics related to cell phone use. However, there are clear laws about when and how you may use your cell phone while in a vehicle.

The California Office of Traffic Safety indicates that the most serious distraction for drivers is texting. According to a 2016 survey, 54% of California drivers stated they have personally experienced an accident or near miss with a driver talking or texting on a cell phone. OTS says that dialing or texting may increase your risk of an accident by up to three times. Using your phone may require you to take your eyes off the road for an average of 5 seconds. If you are going 55 mph, you may drive the length of a football field in those few seconds.

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