No Fault State Versus Tort State

It is important to recognize the penalties of driving without car insurance to better understand your legal rights in case of an auto accident. Below are the differences between a “no-fault” and “tort” state to better understand the consequences of not owning insurance where you live.

  • “No fault”: If an individual is hurt in an auto accident, the driver is supposed to seek compensation from their own insurance company. If you do not own insurance but were in an auto accident and were at fault, the other driver cannot make you a defendant in a lawsuit in order to pursue compensation. If you were to have a lawsuit filed against you for not owning insurance, you would be required to pay for a lawyer and the damages to the other driver out of your own pocket.
  • “Tort”: If you were to get into a car accident and the other driver was injured, then that driver can sue you for their injuries. If you do not own a car insurance policy, it is your responsibility to pay for them out of your own pocket. If you were in an accident and it was the other driver’s fault, you are limited to what types of compensation you can receive with or without a lawyer. Look to Staskus Law Firm when seeking a car accident lawyer in San Jose, CA.

Contact us at (844) 286-5241 to schedule a free consultation to learn whether you live in a “tort” state or a “no-fault” state.


3 Tips for Pedestrian Safety

You may have heard in driving school that pedestrians always have the right of way! While this may be true, it is still the pedestrian’s responsibility to be cautious and aware at all times. Below we have come up with three tips to help with pedestrian safety.

  1. Be Visible

It is important to wear light and reflective clothing at all times during the day to help you stand out to other drivers on the road. When planning your route, it is best to walk in well-lit areas to ensure other drivers can see you on the sidewalks and crosswalks.

  1. Be Cautious

Staying alert is a must as a pedestrian. It is vital to not use a smartphone or other electronic devices while walking to ensure you see everything around you. Also, it is best to not listen to music because our ears can be a great tool to help us be aware of our surroundings.

  1. Follow the Rule of the Road

As a pedestrian, it is our responsibility to understand traffic laws, signs and signals. It is important to only cross the street using crosswalks and utilizing sidewalks for safety purposes. A good rule of thumb to remember as a pedestrian is to never assume a driver will give you the right away.

If you are ever hurt in a pedestrian accident, look to Staskus Law Firm for an experienced pedestrian accident lawyer in San Jose, CA. Contact us at (844) 286-5241 to schedule a free consultation.

3 Safety Tips while on a Construction Site

Heavy machinery, scaffolds, nails, large holes, and sharp tools make up most construction sites, causing them to create hazardous situations and accidents among workers. We believe in the importance of safety awareness while on the job site. Below we have 3 safety tips that could help protect you from an injury while working on a construction site.

  1. Proper Protective Gear

Although your company is supposed to supply you with proper protective apparel, it is important to know what items are needed on a work site. We recommended a tight hard hat, protective eyewear such as goggles, non-slip steel toe boots, and a bright safety vest.

  1. Be Aware of Your Surroundings

Since construction sites have many dangerous tools and equipment, it is vital to be cautious of your surroundings. Constantly checking your settings will let you be aware of what others are doing. Just because you are trying to be safe, does not control the unsafe actions of other workers.

  1. Check your Work Areas

Inspect your scaffolds and large equipment to ensure all items are working properly and are secured. This will allow you to become more comfortable with the equipment to be able to recognize future potential problems.

Safety on the job site is the number one priority! If you are looking for a competent injury lawyer in San Jose CA, look to the lawyers at Staskus Law Firm. Contact us at (844) 286-5241 to learn how we can help you receive just compensation for your injury.

The Safety Gear You Should Be Wearing on Your Motorcycle

Many motorcyclists are drawn to the captivating sensation of the wind rushing through their hair as they experience the open road. When it comes operating a motorcycle it is vital to take safety precautions by choosing to wear the proper safety gear. Below we have listed many safety items that we recommend to all motorcyclists to help enhance their overall safety while on the open road.

  • Motorcycle Helmet

Not only does a helmet protect your face, but could help protect your brain from injuries in case of an accident. We recommend a full-face helmet to help protect your eyes as well.

  • Full Finger Leather Gloves

Leather gloves are vital for your protection while operating a bike because they could protect you from losing your skin or even a finger. Often times if a driver is launched from their motorcycle in an accident, they use their hands to try and break their fall.

  • Leather Jacket

Leather Jacket

Wearing a leather jacket while on the open road protects your skin in case of an accident or fall and even helps you look cool at all times!

  • Motorcycle Boots

Motorcycle Boots

Over the ankle boots are a great addition to your safety gear because they provide traction while driving and help protect the bones and skin on your feet.

If you have been searching for a , look to our skilled staff at Law Firm to help you with your case. Contact us today at (844) 286-5241 to schedule a free consultation.

If you have been searching for a San Jose auto accident lawyer, look to our skilled staff at Staskus Law Firm to help you with your case. Contact us today at (844) 286-5241 to schedule a free consultation.




Things You Shouldn’t Do If You’re Involved in a Car Accident

If you are in a car accident, it can be very overwhelming but it is important to not do some of the following things:

  • Leave the scene of the accident
  • Forget to call the police
  • Lie if you are intoxicated or under the influence
  • Admit fault

Leaving the Scene of an Accident

Getting into a car accident can be overwhelming but it is important to not drive away. If you flee the scene of the accident, you can be charged with a hit and run, even if you’re not at fault. Always get out of your vehicle, if you can, and check to see if anyone was hurt. You will also need to exchange information with the other driver or drivers and call the police to get a report for documentation.

Forgetting to Call the Police

The police report can be an essential part to helping your personal injury case, especially if you are not at fault. The police can determine if the other driver was negligent- ran a red light, failed to yield to right away, etc. If the police report can determine that the other driver was at fault, it might help your case and make the claims process a lot quicker.

Lie if You’re Under the Influence

If you were driving while intoxicated or under the influence of drugs, it is important that you do not lie about it. The police will subject you to a test and if they prove that you are intoxicated, it can discredit your word and therefore, weaken your case.

Don’t Admit Fault

One of the worse things to do is to admit that you were wrong or come out of your car saying, “I’m so sorry, this was my entire fault”. If you do, the other driver’s insurance company can put you at fault and lower your settlement. Even if you were or weren’t at fault, you should just recount your side of the story and then let the insurance companies figure it out.



If you need help with your personal injury case, please trust in Kim David Staskus, the highly rated car accident lawyer in San Jose, CA.


To schedule your first free consultation, please give us a call today at (844) 286-5241.

Tips About Filing an Injury Claim for Whiplash After an Accident

damaged car

If you’ve been in a car accident, you most likely experienced whiplash or an abrupt back and forth movement in your neck, one of the most common injuries. This can be an extremely painful injury and as a result, you will want medical attention. To receive reimbursement for your medical care, consider some of the following tips for filing an injury claim.

Receive Medical Treatment Immediately

The most important thing to do right after an automobile accident is to go to the hospital. Even if you think the injuries are minor, you will want recorded documentation that you sought medical attention. The diagnosis of a physician is an essential piece of evidence for your injury case.

File the Injury Claim ASAP

Another thing you will want to do immediately after a car accident is to file the injury claim right away. Provide the documents you received from the doctor as substantial proof of the injuries you procured from the accident. You can also notify the offending driver’s insurance company that you have been injured and are planning to file an injury claim.

Collect All Documentations for Expenses

For any accident, it is important to keep a file for any important documents that you incur during the entire process. These documents will include any expenses that you incurred from treatment and rehabilitation. This can include the gas, lost wages from missing work, medical bills, costs for prescriptions and medications, and co-pays for the medical visits. The more organized you are with storing these documents; the faster you may get reimbursed.


For more help with your personal injury case, please trust in Kim David Staskus, the leading injury lawyer in San Jose, CA.


To schedule your first free consultation, please give us a call today at (844) 286-5241.