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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 lawyerWhile cars and bicycles are supposed to share the road, every year thousands of bicyclists are injured by drivers who fail to follow all the safety rules. If you have been injured in a bicycle accident you need to understand what your rights are.

Who Is at Fault?

California law gives you the right to recover damages when you are injured because of someone else’s negligence. Deciding who is at fault for an accident, unfortunately, is not always straightforward.

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San Jose car accident lawyerCycling in the city can be dangerous, and bicycle accidents are common. California has traffic laws to protect city cyclists, but they still have to deal with a heavy flow of traffic and pedestrians. Many cities have bike lanes, but they are not always respected by vehicles or pedestrians. Cities pose special dangers to cyclists, but there are safety measures that cyclists can take to protect themselves.

Car Doors

Possibly the biggest difference between cities and suburban or rural areas for cyclists is the sheer quantity of vehicles on the streets. Car doors are among the most common hazards in city cycling. Drivers and passengers open car doors unexpectedly without checking for bicycles, and collisions are often the result.

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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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blackout wednesday, drunk driving accident, San Jose Car Accident AttorneyAs you and your loved ones get together this week to celebrate the Thanksgiving holiday, there is likely to be a vibrant discussion of plans to take advantage well-publicized sales the next day. For some, the shopping may even begin Thanksgiving night. The retail event known as Black Friday has been a part of American culture for many years now, however its bookend counterpart on the opposite side of Thanksgiving is quickly developing a reputation of its own, but for vastly different reasons. The day once innocently called Thanksgiving Eve by those anticipating the next day’s celebration, has become known as Blackout Wednesday to bartenders and law enforcement, and hospitals around the country are preparing for a marked increase in drunk-driving injuries and deaths. If Black Friday represents consumer indulgence, Blackout Wednesday is synonymous with overindulgence, but with much higher stakes.

Contributing Factors

There are number of reasons that the day before Thanksgiving has become one of the year’s busiest nights for bars and clubs. Among college students and recent graduates, many are able to make it home for the long weekend, taking at least one night to meet up with classmates and friends who have all gone their separate ways. Established professionals, likewise, are often off work early on that day and do not have to work Thanksgiving, so a happy hour beer can quickly turn into a full night out. Many also look forward to a big meal the next day, hopefully one that will provide relief from the inevitable hangover.

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comparative negligence in California, San Jose injury lawyerDetermining liability in some personal injury cases is fairly straightforward. For example, you are sitting at a red light and your car is rear-ended by a driver who was under the influence of alcohol and speeding. That driver is likely to be held fully liable for any injuries you may have sustained. What if, however, your own actions played a role in causing your injuries? For example, you are driving along a city street, over the posted the speed limit while texting on your cell phone. Another driver blatantly runs a red light and crashes into your car. Could you still collect compensation for your injuries?

All or Nothing

Prior to 1975, the answer to that question would have been a flat no. Under the law in place at the time, if your own actions or negligence were found in any way to have contributed to your injuries, recovery would be completely barred. In 1975, the California Supreme Court’s ruling on Li v. Yellow Cab, set a new standard for the state, one that was determined to be more equitable albeit more complex. In its the ruling, the state’s High Court recognized that an “all-or-nothing” approach to recovery was outdated and that each contributor to an injury case should be held justly liable.

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1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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