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San Jose Personal Injury Blog


San Jose motorcycle accident injury attorney, California motorcyclists, motorcycle safety, equal driving rights, lane-splittingMotorcyclists have every right to use the road as their four-wheeled vehicular counterparts; however, without the safety of the enclosure, they are at a higher risk for severe injury in a collision. Additionally, two-wheeled vehicles are smaller in size and frequently become lost in blind spots.

Although motorcyclists have certain privileges afforded to them by the state, they must also abide by specific responsibilities to ensure they operate safely for everyone involved.

The Legalization of Lane-Splitting

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California truck accident injury attorney, semi-truck maintenance, serious truck accident, truck accident injuries, truck accident claimsAnyone who owns or otherwise operates a motor vehicle has a responsibility to maintain the car to protect not only himself or herself but also the general public. Routine maintenance combined with the biennial emissions check required by California are typically sufficient to enable drivers to identify a minor problem before it becomes a significant situation that could result in an accident.

However, most drivers do not drive the distances or the hours required by the commercial trucking industry. Semi-trucks have many moving parts that need frequent monitoring, maintenance, and repair; therefore, if any one part should fail, these vehicles are two times more likely to become involved in a serious truck accident.

Recommended and Required Maintenance

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San Jose truck accident injury attorney, truck driver fatigue, sleep deprivation, driver negligence, dangerous drivingSleep is an integral part of our daily routine that we often overlook. With today’s busy schedules, more and more Americans are quick to stay awake an extra hour to squeeze in every bit of awake time during the day. Sleeplessness is a dangerous habit to get into, however, as sleep is just as essential to our physical and mental health as proper diet and exercise.

A lack of sleep severely impairs reaction time and motor skills, which makes a sleepy driver behind the wheel just as impaired as someone driving drunk. When a significant portion of a driver's life is on the road behind the wheel of a semi-truck, he or she is obligated to operate at his or her best at all times, for both the safety of himself or herself as well as the safety of surrounding vehicles. Still, when duty calls, many truck drivers neglect to get enough shut-eye, resulting in a staggering amount of truck accidents.

Sleep Deprivation is a Way of Life

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San Jose truck accident lawyers, truck accident causes, improperly loaded cargo, truck accident risks, cargo-related accidentsThe cargo on the back of a semi truck can weigh tens of thousands of pounds. If loaded improperly, the load can come crashing down off of the vehicle; or, it can cause an imbalance in the center of gravity of the truck causing it to tip, jackknife, or crash.

Tractor-trailers weigh 80,000 pounds at maximum weight, and can bepotentially fatal to any other driver if involved in a collision. According to the Federal Motor Carrier Safety Administration (FMCSA), only 4 percent of all truck accidents are cargo-related, which places it within the top 10 causes of semi accidents. However, improperly loaded cargo currently has the highest percentage of relative risk at 56.3 percent. Therefore, even though 4 percent does not seem significant, it almost certainly causes destruction when the shipment does shift.

The Hidden Dangers

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San Jose truck accident attorney, intoxicated driving,  negligent truck driver, driver negligence, truck accidentsTruck drivers are theoretically better trained for driving and obeying traffic laws when compared with other drivers on the road. Operators have likely seen first-hand the damage caused by driving while intoxicated, at least when driving past the scene of an accident even if they were not directly involved. However, a recent study indicates that a staggering amount of these professionals continue to use and abuse drugs and alcohol while performing their job, and driving next to you on the highway. Using drugs or alcohol before getting behind the wheel of a car is dangerous; behind the wheel of a semi, the behavior is potentially catastrophic.

Drunk Trucking

Tractor-trailer drivers have the responsibility to maintain an intense focus on the road at all times. Certain chemicals, such as alcohol, reduce one’s ability to concentrate, thus effectively impairing safe driving practices. It is illegal for all drivers to drive drunk, but for CDL holders or any other professional driver, the standards are much more strict. Instead of the 0.08 percent standard blood alcohol concentration (BAC) limit, semi drivers have a limit of 0.04 percent. Often, the companies for which these drivers work have a zero-tolerance policy when it comes to drunk driving; yet, violations still occur. Unfortunately, these vehicles can weigh up to 80,000 pounds, and the sheer size of them often produce fatalities in crashes.

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Corsiglia McMahon & Allard, L.L.P.

96 N. 3rd Street, Suite 620
San Jose, CA 95112

Phone: 408-289-1417
Toll Free: 866-433-6797

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