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GJEL Accident Attorneys' Blog

Are bike accidents treated differently than auto accidents?

Friday, April 18th, 2014

Bicycle accidents and auto accidents, technically, are treated identically under California law. The rules of determining who is at fault are the same. As a practical matter, they really are treated differently. And the reason they’re treated differently has to do with what city or county the case is handled in. There are certain places […]

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What is a Cycle Track?

Monday, April 14th, 2014

Recently we discussed the ongoing battle between California cities and Caltrans over street design, most notably cycle tracks. As it turns out, Caltrans just announced its official endorsement of the NACTO guide at last week’s Cities for Cycling event by NACTO, thereby paving the way for cycle tracks to be implemented across California. Let’s take […]

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Are motorcycle accidents treated differently than auto accidents?

Friday, April 11th, 2014

Technically, motorcycle accidents and auto accidents are treated identically under the law, but as a practical matter juries are less kind and less favorable to motorcycle riders than they are to automobile drivers. And this is very often an unfair stereotype. The jury sometimes assumes that the motorcyclist is crazy, taking unnecessary risks, etc – […]

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Is traffic violence sufficiently prosecuted?

Wednesday, April 9th, 2014

A year ago, 17 year old Hanren Chang was hit and killed by a drunk driver while crossing Sloat Boulevard in San Francisco. Hanren, a student at Lowell High School, was walking home after celebrating her birthday earlier that night. Her death was one of 21 tragic fatalities by pedestrians in San Francisco in 2013, […]

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#ReplaceBikeWithCar Satirizes Anti-Bike Rhetoric

Monday, April 7th, 2014

The rise of bicycling and the expansion of bike lanes can at times provoke strong negative reactions in people, whether it’s at public meetings, newspaper comment boards, or casual conversations. Sometimes the arguments against bike lanes can border on absurdity and demonstrate an entrenched bias toward driving. Over the weekend, #ReplaceBikeWithCar was a trending topic […]

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What if I didn’t realize I was injured until weeks after my accident?

Friday, April 4th, 2014

This is an issue that comes up fairly frequently. A person is hit very hard in an accident, they walk out of the car, they’re feeling ok – then maybe the next day they’re a little stiff and sore, but they have to go to work, they just take Advil, and then three weeks later […]

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Cities battle Caltrans over street design

Wednesday, April 2nd, 2014

As cities across California seek to build safer, healthier, greener “complete streets,” many have come into conflict with Caltrans over what constitutes an acceptable (and legally defensible) design. This post will be the first of a series in the coming weeks that examines issues of street design and how it impacts safety, particularly for vulnerable […]

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What if I’m injured on the job?

Friday, March 28th, 2014

If you’re injured on the job, you may have two separate kinds of cases. You definitely have a worker’s comp case under California law, but in addition, if there was someone other than your employer who’s at fault, you would also have a personal injury case. The simplest example of this is: you’re driving in […]

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How does the Affordable Care Act affect a potential settlement?

Friday, March 21st, 2014

The Affordable Care Act actually gives a lot more confidence to me as an attorney in settling a client’s case because prior to the Affordable Care Act, even if I were to get a client an enormous settlement, the question is: if they were out of work and not eligible for health insurance, how are […]

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After I settle, can the case remain open for future medical bills?

Friday, March 14th, 2014

As a general rule, whether you have us get you a settlement from the insurance company or whether we get you a verdict from the insurance company, that settlement or verdict includes the future medical bills that are anticipated. Therefore, you are not going to have it left open for future medical bills because they […]

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San Francisco unveils WalkFirst program

Wednesday, March 12th, 2014

Last Thursday, Mayor Ed Lee launched the WalkFirst Capital Improvement Program (PDF link) as a means of addressing the city’s pedestrian safety crisis. The WalkFirst Program is the first step toward implementing the city’s pedestrian strategy, which seeks to reduce serious or fatal pedestrian injuries by 25 percent by 2015 and by 50 percent by […]

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How is loss of earnings calculated if I’m self employed?

Friday, March 7th, 2014

This can be actually a fairly complex issue. If you work for an employer, it’s pretty simple. If you’re out for two months your employer fills out a form that says what you would have earned, but if you’re self-employed and you have your own business then it gets a little tricky and the reason […]

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What is uninsured motorist coverage?

Friday, February 28th, 2014

Uninsured motorist coverage is something you can buy from your insurance company to protect you in the eventuality that you are injured in an accident by a person without insurance. You can buy as little as $15,000 per person up to as much as $7 million per person. It is a relatively inexpensive form of […]

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How much auto insurance do I need in California?

Friday, February 21st, 2014

Very often when a client comes to see me, what they’re primarily concerned with is how much automobile insurance is owned by the person who caused the accident they were in. But I like to counsel people–when I can–on (for their own future needs) how much automobile insurance they should be carrying. Under California law, […]

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How are wrongful death cases handled?

Tuesday, February 11th, 2014

Wrongful death cases are handled in some ways the same as injury cases and in some ways very differently. With regard to liability, proving who is at fault for the accident that caused the death of a loved one, those parts of the case are similar to a personal injury case – in other words […]

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What happens if I lose my job as a result of my accident injuries?

Friday, January 31st, 2014

Unfortunately, this happens way too often. In the case of a severe injury that permanently prevents you from returning to work, the first thing we do is try to assist you with obtaining whatever benefits might be available for someone in your situation. This could include a long term disability policy with your employer. It […]

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How to seal a record in a civil case

Thursday, January 30th, 2014

Almost two months after a jury verdict finding a public entity liable for decedent’s wrongful death, counsel for both sides finally agreed at a post-trial mediation, tentatively, to settle the matter; but they faced a unique dilemma. The jury had awarded a substantial verdict for the plaintiff at trial. Yet there remained significant risks facing […]

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If I miss work due to my accident injuries, can I recover lost wages in my case?

Friday, January 24th, 2014

Yes. Lost wages along with the cost of your medical care and your pain and suffering are the main damage components of a personal injury claim. The way we prove how much you’re entitled to in terms of your lost wages is to work with your medical providers using medical records and narrative reports, depositions […]

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What do car accident reports contain in California?

Friday, January 17th, 2014

Car accident reports, whether written by the California Highway Patrol, the county sheriff’s department, or the local police department are going to contain the names, addresses and driver’s license numbers of both parties and will include height, weight, gender, race. They will typically also contain the police officer’s opinion as to who was at fault. […]

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San Francisco’s pedestrian safety problem

Friday, January 10th, 2014

2013 saw the highest number of pedestrian fatalities in San Francisco since 2007. 21 pedestrians were killed last year and 3 pedestrians have already been killed since New Year’s Eve. The rise in fatalities comes on the heels of reductions to police staffing, traffic enforcement, and a decreased number of traffic citations. According to the […]

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