Category Archives: Motor Vehicle Accidents

San Jose car accident lawyerTeenagers are notorious for bad driving and for the number of auto accidents they cause. Unfortunately, they are usually not in a financial position to compensate the other drivers and pedestrians they harm in such accidents.

In California, there are two statutes addressing a parent or guardian’s liability for harms caused by a minor child’s driving. One assigns liability to parents who sign a child’s driver’s license application, and the other makes parents who give a minor permission to drive liable for damages the child causes.

Signs Driver’s License Application

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San Jose car accident lawyerAlthough bicycles are a great mode of transportation, they can also be dangerous due to the risks of sharing the road with larger and faster vehicles. Despite the use of bicycle lanes and other safety measures, cyclists are still likely to get into accidents with cars and pedestrians, although fatalities are more common with car accidents. When riding, cyclists are generally expected to follow the rules of the road as car drivers do, however, cyclists are not required to carry vehicle insurance. This can be a problem when a cyclist causes an accident with a car.

Liability Insurance

Car drivers are required to carry minimum insurance limits or otherwise show financial responsibility when operating cars in California. Cyclists are not required to carry any kind of insurance, however, there are some cyclists who opt to carry what is known as bicycle insurance, that offers coverage similar to that offered by car insurance. Depending on the individual insurance policy, this insurance can pay out a claim if the cyclist is responsible for causing an accident with a driver.

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San Jose car accident lawyerAnyone who owns and operates a car or a motorcycle on California roads is required to carry insurance to cover property damage and personal injury in the event of an accident. The liability insurance a car or motorcycle owner secures must cover minimum property damage as well as personal injury. The minimum limits on the insurance are the same for motorcycles and for vehicles. The minimum insurance coverage required is as follows:

  • $15,000 for injury or death to one person;
  • $30,000 for injury or death to more than one person; and
  • $5,000 for damage to property.

Anyone purchasing insurance may purchase additional coverage beyond these minimum amounts, and that is often the smart thing to do because these minimums would not be likely to cover the medical bills or property damages in a major car accident that results in catastrophic injuries.

Uninsured and Underinsured Motorist Coverage

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San Jose personal injury lawyerRecovering compensation after a car accident is not always easy. In some cases, the other driver’s insurance company works fast and resolves the issues of fault and damages relatively quickly and all parties are able to move on without any significant delays. In other cases, the insurance companies drag their feet and can keep a case pending for months and maybe years before it is settled. If a driver is injured in an accident with a negligent driver who is a government employee operating a government car, there may be additional delays due to the law governing how claims against the government may be handled.

Government-Related Accident Claims

It is not easy to sue the government in California, as in many other states, because government entities and some employees are immune from liability for acts that they take in their official capacities. Before deciding to sue the government or a government employee, you have to ensure that the conduct you are alleging is exempt from the broad immunity from liability enjoyed by the government, its employees, and, in some cases, its contractors.

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San Jose car accident lawyerDrunk driving accidents can be extremely serious. Those who drive while intoxicated can cause severe injuries to themselves, their passengers, other drivers, and pedestrians. In California, drunk drivers can be held legally responsible for paying financial damages to their victims in order to compensate them for their injuries.

California’s Legal Limit

Driving while intoxicated is a criminal offense in California. The state’s DUI statute provides that those who drive with a blood alcohol content of 0.08 percent or higher can be charged with driving under the influence. For drivers of commercial vehicles, the legal limit for blood alcohol content is 0.04 percent, and for drivers under the age of 21, the legal limit is 0.05 percent. Additionally, driving while impaired by any drug can lead to a DUI charge.

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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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