San Jose Personal Injury Law Blog

Riding a motorcycle in California clearly has a lot of advantages: You can cruise among mountains and along the coastline as you save money on gas, and the climate makes motorcycling a year-round option. You can also do something that's not allowed in any other state: lane-splitting, or driving between lanes of traffic.

It's a controversial practice that's often viewed as a motorcycle accident risk, but transportation officials maintain that when done responsibly, lane-splitting is perfectly legal. As part of Motorcycle Safety Awareness Month, California's Office of Traffic Safety released a survey, believed to be the first ever to gauge drivers' opinions on the practice. According to the findings, 53 percent of drivers think it's against the law, but 87 percent of motorcycle riders do it. And 7 percent of drivers admitted to trying to block motorcyclists from driving between lanes.

There are few more difficult situations for accident victims and their families than a hit-and-run crash. Not knowing who harmed you or a loved one can be excruciating, especially when it comes to paying for the resulting medical bills -- or, in the case of death, the funeral and associated costs.

Two San Jose, California, parents have endured this agony for the past 16 months, ever since their teenage daughter was critically injured by a hit-and-run driver. A traumatic brain injury has left her in a coma since the accident and although she's shown some slight improvement, her parents describe her recovery as a waiting game.

In so many accidents that involve injuries, there's more than one cause. And when it comes to determining fault in a civil personal injury lawsuit, all of the possible circumstances are considered. It's then up to a judge to determine whether the claims against each of the parties being sued are valid. If the judge disagrees that a party played a role in the accident, the plaintiff can appeal.

That's what a Los Gatos, California, woman did as she sought compensation for the injuries she suffered in a 2007 car accident. The mother was nearly killed by a drunk driver who struck her, momentarily pinning her against her SUV. In the process her hips and legs were crushed, requiring extensive recovery.

There's a fierce debate that continues nationwide over whether some dog breeds should be automatically labeled as "dangerous." Owners of these breeds, such as pit bulls and rottweilers, maintain that whether a dog is vicious depends solely on how it is raised and treated. Although there is some truth to this notion, some breeds -- indeed, some dogs in general -- may require more supervision than others to avoid dog bites, attacks and other harmful incidents. 

The issue is front and center in the case of a San Diego, California, woman who was viciously attacked by her next-door neighbor's two pit bulls in her back yard when she went to get the morning paper last June. Although the yard was surrounded by a fence that had been reinforced with a metal gate to cover a gap in the fence between the two yards, the two dogs made it through by ripping a hole near the gate. As a result of the attack the woman's arm had to be amputated below the elbow and her left leg was amputated below the knee. Her right leg was amputated later. She died of complications from the attack Christmas Eve.