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Category Archives: Motor Vehicle Accidents

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