May 24 by Andy Gillin
If you recently got hurt in a serious accident, can you recover lost wages by filing a personal injury claim? In short, the answer is 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 if necessary, to explain why it was that the nature of your injuries prevented you from returning to your type of work for as long as it took.
Read More May 24 by Andy Gillin
Many bicyclists in the Bay Area wonder: Do I have to walk my bike across the crosswalks in California? Technically, in the state you are supposed to walk your bike whenever you are in a crosswalk. Indeed, under California Vehicle Code 21200, which governs the operation of bicycles in the state, it is unlawful to ride across a crosswalk. For your own health and safety, the best thing you can do is to get off your bike when crossing the street. That being said, if a serious bicycle accident does occur while you are riding in a crosswalk, do not automatically assume that you are the party at fault.
Read More May 24 by Andy Gillin
If the police report is against you, and you disagree, you should always feel free to give us a call. Having a Police Report Against You In An…
Read More May 24 by Andy Gillin
What Are Mediations in a personal injury case? Mediations are voluntary processes, and they’re settlement discussions where both sides have agreed that it’s an appropriate time during the…
Read More May 24 by Andy Gillin
Injured victims who are on Medicare often wonder whether or not Medicare will simply take control of their entire personal injury settlement/judgment. Is it even worth putting in the effort to go through the claims process? The answer is yes, it always worth your time.
Read More May 24 by Andy Gillin
Getting hurt in an accident can be confusing and frustrating, especially when you need to file a lawsuit in order to seek compensation for your losses. At GJEL Accident Attorneys, we are here to help injured plaintiffs through every stage of the litigation process.
Read More May 24 by Andy Gillin
When you are involved in a crash in California, you will either turn to your own insurance company, or the insurance company of the other driver, in order to seek compensation for the damage to your vehicle. If the other driver was at fault – their insurance is responsible for paying; if you were at fault – you can file a claim through your own insurance company’s collision coverage policy (assuming you carry this coverage type). In some cases, you may have to file an uninsured motorist claim to recover compensation.
Read More May 24 by Andy Gillin
All clients want to know: will there be an opportunity to settle their case short of a personal injury trial? The short answer is yes, there will be a number of them. But let me tell you what has to happen first.
Read More May 24 by Andy Gillin
What happens if you got hurt in a car accident but did not realize the extent of your injuries until days or weeks later? What if your decision to delay seeking medical treatment exacerbated your injuries, resulting in the need for more extensive and costly medical treatment? Regardless of when you decided to seek medical treatment after the crash, an Oakland car accident lawyer can help.
Read More May 24 by Andy Gillin
Despite the requirement that all drivers in the state of California have liability insurance or show proof of financial responsibility, many people in the state do not carry insurance for various reason. In fact, a lack of insurance is so common that one source suggests that 4.1 million California drivers are uninsured. The fact that there are some many people driving around without proper insurance coverage is one of the primary reasons that carrying uninsured motorist coverage is a very wise idea.
Read More May 24 by Andy Gillin
When you sustain a personal injury because of another party’s negligence, you will likely need medical treatment and will have ongoing healthcare needs related to the injury. For residents of Northern California who rely on Medicaid (or Medi-Cal, in California) for healthcare, you can continue to anticipate that your injury-related treatment will be covered. In other words, you will not be responsible for paying the upfront costs associated with your recovery.
Read More May 24 by Andy Gillin
If you live in California and you are involved in a car accident, the driver who caused the accident is responsible for paying for it. However, drivers rarely pay for accidents that they cause out of pocket – instead, they turn to their auto insurance liability policies to pay for damages.
Read More May 24 by Andy Gillin
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…
Read More May 24 by Andy Gillin
When your minor child is injured due to the negligent actions of another, you may feel outraged, heartbroken, and extremely worried about what your child’s future may hold. Further, you may be thinking about filing a personal injury claim on your child’s behalf, but may have questions regarding what will happen to the money your child recovers based on the fact that they are a minor.
Read More May 24 by Andy Gillin
Accident victims often wonder: Is my personal injury settlement taxable by the IRS or the state of California? This is very much an understandable concern; after all, everything in life is taxed right? Fortunately, ninety-nine percent of the time, your recovery from a personal injury case will not be taxable. Indeed, that is simply the way the law is set up. For the most part, your personal injury recovery is tax-free money that you receive. Even better, not only is it tax-free (which means that you don’t owe taxes) but, generally, you don’t even report your settlement to the IRS.
Read More May 24 by Andy Gillin
Were you injured recently in a car crash or another accident in Northern California? You might be asking yourself: who will pay for my medical bills, and will using my health insurance cause my coverage to go up? Nobody who gets hurt in an accident resulting from another party’s negligence should have to pay for the costs of care.
Read More May 24 by Andy Gillin
How do courts calculate loss of earnings for self-employed plaintiffs in car accident and other personal injury cases? 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 it gets tricky is because your earnings probably vary.
Read More Apr 25 by Andy Gillin
The latest annual report on motor vehicle collisions from the California Highway Patrol has a ton of information about what’s happening on California roads and highways, with extensive datasets on alcohol- and truck-involved collisions and more tightly focused summaries of collisions involving pedestrians, motorcycles, and bicycles.
Read More Apr 10 by Andy Gillin
A common question we hear at GJEL Accident Attorneys is, “I don’t feel hurt after my car accident. Should I see a doctor?”. After an accident, your adrenaline…
Read More Apr 05 by Andy Gillin
View the most dangerous Intersections for Bay Area Cyclists with this interactive map provided by GJEL Accident Attorneys.
Read More Mar 30 by Andy Gillin
It’s true–what you say or post on social media after an injury or even a more general legal dispute can completely wreck your personal injury case. With seven…
Read More Mar 28 by Andy Gillin
Last week, we looked at the number of motor vehicle injuries occurring in the San Jose area and concluded that traffic safety around GJEL’s San Jose office is getting worse. According to California’s latest traffic records, the number of collisions leading to injury increased each year from 2013 to 2015 and was trending up again through the first half of 2016. Full-year results for 2016 should be available in August.
Read More Mar 13 by Andy Gillin
Whether driving or riding in a passenger seat, there’s no way to guarantee your safety in a car, on any day of the year. But you can educate yourself about local traffic safety risks. If everybody knew when and where collisions occur, we would all have a better chance to stay out of harm’s way.
Read More Mar 07 by Andy Gillin
Through nearly 40 years of representing accident victims and families, GJEL has shown that many injuries suffered on the roads are preventable. Our efforts to improve traffic safety extend far beyond the legal process. We sponsor organizations such as the California Bicycle Coalition to advocate for safe and viable transportation alternatives. When we learn about traffic safety risks, we encourage friends and neighbors to stay out of harm’s way.
Read More Jan 11 by Andy Gillin
These innovative Dutch-inspired designs (amongst the first dozen built in the U.S.) seek to maintain physical separation between drivers and bicyclists through an intersection.
Read More Dec 21 by Andy Gillin
While car, truck, and motorcycle accidents can happen anywhere, there are some roads that are significantly more dangerous than others.
Read More Dec 09 by Andy Gillin
After several years of anticipation, the expansion of Bay Area Bike Share (recently rebranded as Ford GoBike) from 700 to 7,000 bikes will finally commence Spring 2017…
Read More Dec 03 by Ralph L. Jacobson
A typical personal injury claim against an individual defendant resolves in one of two ways: (1) settlement with the defendant, or (more commonly) his or her insurer, either…
Read More Nov 10 by Andy Gillin
Tennyson Road is one of Hayward’s major backbones for people walking and biking, but it is also one of the City’s most dangerous.
Read More Oct 03 by Andy Gillin
Recently, the City made a perplexing change to the design that relocated the parking attendant kiosk into the middle of the bike lane…
Read More Sep 13 by Andy Gillin
Santa Cruz County is in the midst of a debate over how to relieve gridlock along Highway 1. Traffic congestion has continued to worsen in recent years along the four lane freeway, to the point that an 18 mile one-way commute to or from Watsonville can take in excess of an hour each way.
Read More Jul 11 by Ralph L. Jacobson
According to the Washington Post of July 11, 2016, although Pokemon Go (the latest summertime craze made by Niantic, Nintendo, and the Pokemon Company) was released just five…
Read More Jun 22 by Andy Gillin
Oakland’s parking enforcement officers have been criticized recently for their lack of enforcement of illegal and unsafe parking behavior along Telegraph’s new protected bike lanes. Yesterday, parking enforcement…
Read More Jun 13 by Andy Gillin
A month after unveiling a road diet on Telegraph Avenue featuring Oakland’s first protected bike lanes, Telegraph remains a mess. Obstructions of the bike lanes are seemingly never-ending as confused and/or negligent drivers continue to park alongside the curb. While growing pains are normal for innovative projects that disrupt the status quo, the sustained chaos on Telegraph has been troubling.
Read More Jun 10 by Ralph L. Jacobson
A California contingent fee agreement typically means that you won’t pay your attorney unless and until they win your case successfully. Read more below: What is a Contingency…
Read More Jun 08 by Andy Gillin
Earlier this week, GM CEO Mary Barra said she believes self-driving vehicles should continue to include steering wheels, brake pedals and accelerators as the technology develops. The state of California has already taken this position, requiring a licensed driver at the helm of all self-driving cars.
Read More May 24 by Andy Gillin
What is the role of a private investigator? In short, the private investigator helps to determine the series of events that led to the car accident in which you sustained your injuries. You might be asking yourself: why do I need to work with a private investigator? Law firms across Northern California, and indeed across the country, rely on the services of private investigators to obtain specific information about an accident and to help determine who may be liable for injuries that occurred.
Read More May 02 by Andy Gillin
After nearly two decades of planning, the timeline for completion of the Silicon Valley BART extension remains uncertain. Later this year, BART will open a five mile, $890…
Read More Mar 16 by Andy Gillin
What Is Road Rage? The National Highway Traffic Safety Administration defines road rage as “criminal act[s] of violence,” a product of aggressive driving, like tailgating, speeding, and running…
Read More Mar 02 by Andy Gillin
There is a growing consensus that building a second Transbay Tube is critical to the Bay Area’s future. Transbay ridership has skyrocketed in recent years – MTC’s ongoing…
Read More Feb 23 by Andy Gillin
Oakland’s new buffered bike lanes continue to experience frequent blockages due to illegal double parking. Robert Prinz of Bike East Bay recently posted a video of Webster Street…
Read More Feb 03 by Ralph L. Jacobson
As common law doctrines evolve, sometimes their rationale, and proper application, can get lost; that can be because of just one “less than thoughtful” reported appellate decision. One…
Read More Jan 29 by Andy Gillin
The Oakland Police Department issued a press release on Wednesday announcing a pedestrian safety enforcement operation on Monday, February 1st. The press release notes increasing rates of pedestrian…
Read More Jan 14 by Andy Gillin
Tonight (Thursday January 14th) at 7:00 PM, the Lafayette Circulation Commission will review a dangerous double-wide roundabout proposal at the intersection of Pleasant Hill Road and Olympic Boulevard,…
Read More Dec 30 by Andy Gillin
Bay Area traffic is worse than ever. Whereas traffic jams were once restricted to typical rush hour (7-9 AM, 4-6 PM), congestion now extends earlier and later past…
Read More Nov 12 by Ralph L. Jacobson
In motor vehicle personal injury or wrongful death cases where the responsible driver was allegedly intoxicated, the injured plaintiff may want to consider seeking an award of punitive…
Read More Nov 06 by Andy Gillin
On Tuesday morning, Jeffrey Donnelly of Palo Alto was tragically killed while riding a bicycle on Page Mill Road near I-280. Riding along a popular recreational cycling route,…
Read More Oct 05 by Andy Gillin
BART’s ridership is booming. On a typical weekday, BART carries 423,000 passengers – an increase of 26 percent since 2010. While BART’s crowding problems during commute hours are…
Read More Aug 24 by Ralph L. Jacobson
California’s “primary assumption of the risk” doctrine was first set forth in Knight v. Jewett (1992) 3 Cal.4th 296. That case involved a plaintiff’s claim for personal injuries…
Read More Aug 10 by Andy Gillin
If you’ve recently traveled along I-80 in the East Bay, you may have noticed new electronic signage and metering lights. Caltrans is currently putting the finishing touches on…
Read More Jul 20 by Andy Gillin
As protected bike lanes become more common across the U.S., the way in which we design intersections is also evolving. American cities are on the cusp of implementing…
Read More Jun 22 by Andy Gillin
The City of Oakland recently unveiled a new pedestrian signal policy intended to streamline the implementation of more pedestrian-friendly intersections. We’ve written at length about how Oakland’s implementation…
Read More Mar 05 by Andy Gillin
At long last, the Uptown Bike Station opened this week adjacent to BART’s 19th Street Station. The Bike Station offers free, secure bike parking between the hours of…
Read More Feb 13 by Andy Gillin
The practical answer is whether you’re on the proper side of the road or the improper side of the road, if you are riding safely and a vehicle…
Read More Jan 23 by Andy Gillin
This month, Hövding released an updated version of their “invisible” bike helmet that has taken Europe by storm. The Swedish startup produces an unobtrusive collar for cyclists that…
Read More Jan 12 by Andy Gillin
Los Angeles is famous for freaking out when it rains. Recently, Noah Deneau, an electrical engineer from Austin, Texas, graphically illustrated the effect of rain on the rate…
Read More Dec 12 by Ralph L. Jacobson
In California tort litigation arising from a wrongful death, the question often arises as to whether plaintiff claimants bear legal responsibility for the pre-death medical expenses of their…
Read More Dec 04 by Ralph L. Jacobson
Pursuant to Rule of Court 2.550(c) and its predecessor, California court records have long been “presumed to be open” to the public, absent exceptions for confidentiality required by…
Read More Nov 25 by Andy Gillin
During the height of California’s highway boom from the 1950s through the 1970s, Caltrans bulldozed through hundreds of neighborhoods to construct freeways. The economic and environmental toll on…
Read More Nov 07 by Andy Gillin
For the vast majority of people, signal timing is not an exciting subject. Apart from traffic engineers and a select group of superwonks, few people pay attention to…
Read More Jul 10 by Andy Gillin
Construction on the much-anticipated first segment of the East Bay Greenway has stalled due to delays from unexpected levels of soil contamination. The 0.5 mile, $3.56 million project…
Read More Jun 19 by Andy Gillin
As Bay Area cities redesign their streets to better accommodate safe bicycling, key gaps in the region’s infrastructure become ever more apparent. Much of the growth in bicycling…
Read More Jun 16 by Andy Gillin
As San Francisco develops safer street designs to better accommodate people walking and biking, an unlikely opposition group has emerged: the San Francisco Fire Department (SFFD). SFFD has…
Read More May 29 by Andy Gillin
As we’ve examined previously both here and here, the Dangerous by Design 2014 report contains a wealth of valuable information on the pedestrian safety crisis in the United…
Read More May 20 by Ralph L. Jacobson
It happens more than it should. Someone (here we will call her Ms. H.) invites some friends, maybe a lot of friends and maybe their friends as well,…
Read More May 19 by Andy Gillin
Crosswalk countdown signals are an increasingly common tool to inform pedestrians precisely how much time they have to cross the street. The idea behind these signals is that…
Read More Apr 14 by Andy Gillin
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…
Read More Mar 21 by Andy Gillin
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…
Read More Mar 14 by Andy Gillin
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…
Read More Jan 30 by Ralph L. Jacobson
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…
Read More Oct 30 by Ralph L. Jacobson
This article explores a problem of statutory interpretation that arises in California when divorced parents are entitled to wrongful death recovery for the death of their child: i.e.,…
Read More Sep 17 by Ralph L. Jacobson
Assume the following factual scenario: a serious car accident occurs, injuring the plaintiff. Just after the accident, the insured defendant called her husband and discussed, in detail, the…
Read More Jul 05 by Andy Gillin
Bike accidents at night without lights or reflective gear are very difficult cases, understandably. On the other hand, there are exceptions and we have successfully handled these cases….
Read More Mar 19 by Andy Gillin
Much like you can’t yell “fire” in a crowded movie theater, it would appear yelling “bingo” in a crowded bingo hall is also off the table. Earlier this…
Read More Feb 20 by Andy Gillin
When it comes to making poor decisions behind the wheel, drunk driving and distracted driving get the bulk of the attention, but numbers show drivers impaired by fatigue…
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