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California injury lawyerThe news of an impending addition to one’s family is often cause for joyous celebration. However, the celebration can be cut short when errors in judgment or procedure result in harmful and catastrophic birth injuries that impact the well-being of either the child or mother. In the event such an incident occurs it is important to know what actions are available to injured parties.

Seeking What Is Right

In nearly every single incident, a birth injury is preventable. However, due to an error in procedure, miscommunication among the medical team, or some other factor that negatively impacts the technique of a trusted medical professional, a family is left dealing with a situation that leaves them searching for answers.

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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:

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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:

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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.

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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.

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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.

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CA injury lawyerIt can be difficult not to hold doctors and other medical professionals in high esteem for all the work they do treating the sick and injured. Those feelings quickly change when tragedy occurs due to what some might consider a severe misdiagnosis that has tragic consequences.

Illinois Doctor Facing Civil Suit

A noted and highly respected Illinois pediatrician is the subject of a civil lawsuit, claiming he missed signs of severe child abuse when examining an 8-year-old girl, who later died as a result of severe abuse and neglect at the hands of her father and grandmother. The doctor had examined the girl just weeks prior to her death.

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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.

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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.

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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.

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California injury attorneyWe live in a digital world. Whether to improve efficiency or enhance accuracy, more and more companies rely on digital record keeping for day-to-day operations. While this may make life easier in some respects, the medical field has seen an increase in malpractice claims involving the use of electronic health records (EHR).

Identifying a Trend

While the number of claims in which EHR factored grew from just two incidents between 2007 and 2010 to over 160 from 2011 through 2016, the trend indicates an alarming increase involving a single element. A recent study indicated a number of contributing factors that resulted in failures stemming from the use of electronic record keeping of patient history and condition. Among these are:

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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

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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.

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California accident attorneyRecreational marijuana use will be legal in California starting on January 1, 2017. As the state prepares for this change in the law, lawmakers are looking to ensure safety on the road when people use marijuana. A recent new law brought the regulations for marijuana in line with those for drunk driving.

Prohibitions Against Marijuana Use While Driving or Riding in a Vehicle

Governor Jerry Brown recently signed SB-65 into law. This bill makes it illegal to smoke or consume cannabis while driving or riding in a vehicle in California, and it will go into effect on January 1. Violating this law is punishable by a fine of $70.

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California accident attorneyNew technologies are constantly being made available that improve our lives and offer a great deal of convenience. As the use of these technologies increases, legal questions also often arise about what happens when someone is injured while using them. One of the primary examples of a technology that may revolutionize our lives while raising questions about legal liability is that of self-driving cars.

Autonomous vehicles have the potential to change the way we use the road, but while manufacturers have been touting these vehicles’ safety features, and ride-sharing companies like Uber have been working to implement these cars in their fleets, the potential for auto accidents and injuries still exists. This was demonstrated in August 2017, when a car that was part of Uber’s autonomous vehicle test program was involved in an accident in San Francisco.

Legal Issues Surrounding Self-Driving Cars

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California accident lawyerDistracted driving is one of the greatest threats to safety on the road today, and using a cell phone or texting while driving results in thousands of deaths and hundreds of thousands of injuries in traffic accidents every year. While 14 states (including California) have banned the use of cell phones while driving, the number of accidents involving distracted driving continues to increase. In order to combat this trend, some states are looking to implement new solutions for enforcing distracted driving laws.

Possible New Technology for Detecting Distracted Driving

Some cities and states are looking into the possibility of using technological solutions to determine whether a driver was using their cell phone when an accident occurred. This type of “textalyzer” would be used by police officers to access a phone’s logs and see whether the phone was being used to make a call, send a text, or use an app prior to the accident.

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California injury laawyerThere are millions of semi-trailer trucks on the road in the United States, and the large size of these vehicles can make them especially dangerous in motor vehicle accidents. In order to provide a safe environment for drivers, the trucking industry must follow safety regulations that have been defined at both the state and federal levels. Updates to these regulations can have a major impact on road safety since thousands of people die in truck accidents every year.

Federal Law May Override California Regulations on Truck Driver Break Time

California has some of the most strict laws in the United States for transportation employees, requiring employers to provide drivers with a 30-minute meal break for every five hours they work and a 10-minute rest break every four hours. This law applies to any truck drivers who are driving through the state. However, a bill that was recently introduced to the United States House of Representatives would overrule any state-level regulations, forcing states to use less stringent federal regulations that mandate a 30-minute break for truck drivers after eight hours of work.

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San Jose car accident lawyerWhen you are involved in an auto accident, it is understandable that you may feel confused, angry, shaken, and frightened all at the same time. If you have been injured in any way, your emotions are likely to be amplified even more. It is important, however, to regain your composure, at least for a short time, and to make note of certain elements of the accident that could be very valuable in the future. Fortunately, advancing technology has made doing so easier than ever before.

A Look Back

A generation or two ago, it was almost entirely up to the police and insurance company investigators to determine exactly what happened in a car accident and which party was at fault. Those involved in the accident could do very little but notify the police and wait. They exchanged insurance information with one another, but unless one person happened to have a camera with him or her, documenting the accident scene was the responsibility of the responding officer.

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San Jose car accident lawyerAttention deficit hyperactivity disorder (ADHD) is a mental disorder that most people associate with school-aged children—for good reason. Estimates vary, but as many as 11 percent of American children aged 4-17 have received a diagnosis of ADHD in their lifetime, a percentage that represents about 6.4 million boys and girls. The condition can also persist into adulthood, and the nature of the disorder can make it difficult for adults to remain focused on certain tasks. In fact, ADHD has even been found to present an increased danger of a car accident among drivers who have been diagnosed. A new study, however, suggests that those who receive treatment for the disorder can help reduce their risk of an accident.

ADHD and Driving

In recent years, much has been said and written about the dangers of distracted driving—most notably in regard to cell phone use and texting while driving. But distractions are almost a way of life for those who have ADHD, even without a cell phone nearby. The disorder’s primary symptoms include difficulty with sustained attention, absent-mindedness, impulse control issues, and excitability, all of which can be extremely dangerous if they manifest while driving.

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San Jose car accident lawyerA traffic accident is almost always an extremely stressful experience, but hit and run accidents can be especially challenging to manage. There is often an increased sense of confusion and uncertainty because the other driver has fled the scene. However, it is important to understand the best way to respond to hit and run accidents because according to statistics compiled by AAA, as many as 11 percent of crashes that get reported to the police are hit and runs. If you have been involved in a hit and run, you have a number of paths to recovering damages for your injuries. Of these, the most efficient may be finding the other driver so he or she can be held liable.

Finding the Other Driver

Despite the fact that the other driver has left the scene of the accident, it may be possible to find him or her and hold him or her responsible for the damage that they caused. The immediate aftermath of the accident will likely be hectic for everyone in the vehicle, but the more identifying details that they can gather, the better off they will be. This includes noticing things like the other car’s make and model, its color, and its license plate number. Additionally, victims of hit and runs should also talk to any pedestrians or other witnesses who may have had a better view of the other vehicle to see if they have any information to share.

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Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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