Tag Archives: California law

San Jose personal injury attorneyRiding a motorcycle can be an exhilarating experience, but it can also lead to dangerous situations depending on how the rider and car drivers share the road. Experienced riders may feel more comfortable making maneuvers, such as lane splitting through traffic, that other riders may not, but even experienced riders can get injured if they make a move alongside a careless driver or without exercising due caution.

What Is Lane Splitting?

Lane splitting is not considered illegal in California although it is not expressly permitted under any law in the state. A motorcycle rider lane splits when he rides his motorcycles in between traffic lanes. California is the only state that does not outlaw lane splitting. Lane splitting can be dangerous for the rider and for the cars because a driver may not necessarily be expecting a motorcycle to be lane splitting, and may make a move into the other lane and collide into the rider. In addition, a rider could hit a car and fall into oncoming traffic, getting seriously injured or killed in the process. However, one of the biggest advantages of lane splitting to riders is that they avoid the risk of sitting in traffic and getting rear ended by other cars driven by distracted drivers waiting out a traffic jam.

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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 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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dog bites, insurance coverage, San Jose personal injury attorneyEvery five years, the American Veterinary Medical Association (AVMA) releases the U.S. Pet Ownership & Demographics Sourcebook ranking the top/lowest ten states sharing a home with a pet, most often domesticated canines. As per the 2013 AVMA report, California ranked among the lowest ten states proclaiming pet ownership. It was reported that 52.9 percent of the California population shared their home with a domesticated pet but no matter where state rankings stand, the Centers for Disease Control (CDC) reports that approximately 4.5 million dog bites still occur every year across the United States.

Statistically, the complexities of pet ownership run even deeper than just welcoming your four-legged friend into the family fold. The Insurance Information Institute reported that in 2014, California residents reported 1,867 dog-related injury claims with an average cost of $33,649 per claim. It is understandable that dog-bite injuries can become a household’s largest liability and often leading to intricate legalities and lawsuits. It is often riskier for those who rent in comparison to homeowners who are minimally covered under their homeowner’s insurance policy. 

The costs associated with a dog bite claim have skyrocketed, so much so that in 2013, Farmers Insurance of California placed breed restrictions within their coverage often turning away business or denying a claim if a homeowner owned one of the following breeds: 

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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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