May 24 by Andy Gillin

If I’m rear-ended, is it always the other person’s fault?

Rear end collisions are one of the most common – but luckily one of the least serious – accident types. What is often most complex about these accidents, however, is not the extent of the injuries that they cause, but is determining who is to be held liable for damages. Because California is an at-fault, or tort liability state for car accidents, determining fault in all crashes that result in damages, even if those damages are minor, is important. It should also be noted, of course, that while most rear-end collisions are not serious, those that occur at high speeds have the potential to be very severe, and could even be fatal.

Read More
May 24 by Andy Gillin

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

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

If I make an uninsured motorist claim, will my insurance rates go up?

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

If I’m on Medicaid, can they take my entire recovery?

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

What is uninsured motorist coverage?

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

If my child is injured, how do funds get handled?

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

California Bus Injury Lawyer: What If You’re Injured On A Bus?

No one expects to get hurt on a bus when they climb aboard to get to work or to travel for vacation. However, bus accidents happen much more often than they should in California, and people get hurt. In many cases, the bus company can be held liable for injuries sustained in an accident. If you or someone you love got hurt in a bus accident, there are some important things you need to know about filing a claim. If you are injured on a bus, and it is a public bus–AC Transit, San Francisco Muni, anything like that–then the rules change a little bit. Number one, if it is the fault of the bus company then instead of having two years in which to file the lawsuit you only have six months within which to file a claim and then additional time to file a lawsuit. Secondly, if you are injured on a bus, then the bus is held to a much higher standard than if you were a passenger in a friend’s car. It’s called the Common Carrier Rule.

Read More
May 24 by Andy Gillin

Are California personal injury settlements taxable?

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

If I’m in an accident, does it affect my health insurance coverage?

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

What should I do after I’ve been in an accident?

There are 5 important steps to take after an accident: Seek Medical Assistance, Exchange Contact and Insurance Information, Gather and Secure Evidence, Be Wary of Insurance Adjusters, and Contact a Qualified Attorney

Read More
May 24 by Andy Gillin

What if there’s no police report for my accident?

Anytime that you are involved in a car accident, or any other serious accident type that necessitates emergency medical care, you should make sure that an accident report is filed with the police (in fact, in the event of a car accident, California law requires that you report the accident if anyone is injured or killed, or damages total more than $750).

Read More
May 24 by Andy Gillin

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

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
May 01 by Andy Gillin

The Most Dangerous & Deadliest Roads In San Jose

Searching for the most dangerous roads in San Jose isn’t easy. You can focus on roads with the highest numbers of collisions and wind up overlooking the roads where the most serious injuries have occurred. Or you could just as easily do the opposite.

Any way you slice it, the danger on San Jose streets is alarming.

Highway 17, connecting San Jose and Santa Cruz, has among the highest number of collisions.

Read More
Apr 25 by Andy Gillin

San Jose bicycling is more dangerous than we thought

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
Mar 28 by Andy Gillin

Key collision factors in San Jose are getting worse

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

Avoid these San Jose intersections on St. Patrick’s Day

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

Introducing San Jose by the Numbers, a GJEL traffic safety series

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
Nov 28 by Andy Gillin

5 gift ideas that promote bike safety

There are plenty of accessories you can buy for your commuter cyclist friends this holiday season. Here are five gift ideas that can help keep riders out of harm’s way.

Read More
Nov 14 by Andy Gillin

San Francisco News Roundup

News Posts Within This Article: GJEL interviews San Francisco Supervisor Scott Wiener San Francisco cyclist’s arm crushed in collision with Muni bus San Francisco Supervisors Urge New Lanes…

Read More
Sep 13 by Andy Gillin

The complicated story behind widening Highway 1 in Santa Cruz

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
Jun 13 by Andy Gillin

How to fix Telegraph Avenue’s protected bike lanes

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 08 by Andy Gillin

Should self-driving cars still have steering wheels and brake pedals?

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 the private investigator?

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

Rethinking BART to Santa Clara

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 02 by Andy Gillin

Where should a second Transbay Tube go?

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
Aug 17 by Andy Gillin

Caltrans’ zombie highways

Last week, we examined the I-80 Smart Corridor project and its highway-like approach to San Pablo Avenue. To recap, Caltrans has exercized its jurisdiction over San Pablo Avenue…

Read More
Jul 20 by Andy Gillin

What is a protected intersection?

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
Jan 12 by Andy Gillin

The perils of driving in Los Angeles rain

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
Jul 10 by Andy Gillin

East Bay Greenway construction delayed

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