Fresno Personal Injury Attorney


Over 11,000 drivers are killed annually due to distracted drivers.  This can inlcude speaking through the speakers in your cars, speakers which are meant for music.  

People begin long involved communications when driving and it leaves people dead and injured on a daily basis all over California roads. 

Taking your eyes off the road for even a second can lead to a devestating accident.  Especially when you are driving at higher speeds like on freeway driving.


Using hands free devices does not make the exchange safe.  There is no safe way to make a call while driving.  Drivers don't drive well when not distracted and distracted driving only increases the problem.  


Since 2011 it is illegal to drive a vehicle while using a phone unles there is a bluetooth or other hands-free technology.  (Vehicle Code section 23123).  Furthermore, drivers under the age of 18 may not drive while speakin on the phone even if there is a hands free technology.  ( V.C. 23124)

California also has a law focusing on Tesxtin while driving.

Under Vehicle Code section 23123.5 it is illegal to text or read a text while driving.  There is an exception for hands free voice activated technology.



It remains illegal to to drive a vehilce while holding or operating a phone or any type of electronic wireless device unless it is specically designed and configured to to allow voice-operated and hands-free application.  and it is used in that manner while driving. there was a loophole in the law that allowed drivers to access the internet and apps while driving that has now been closed.  

to comply with the law buy a bracket for your phone in the car.  Even then you cannot put an address in the car while driving to help navigate you must pull over and then enter the address.  

Even though the law has loopholes to make room for current internet users it is still very dangerous and not a good idea to drive while distracted and doing anything and trying to multi task in any way may have disastrous consequences. 

In California assisting living cases have exploded as Americans are living longer lives.  Assisted living communities will only continue to grow.  The Centers for disease control and Prevention projects that the number of Americans over the age of 65  to more than double from 40.2 million in 2010 to 88.5 million in 2050.  And nearly two thirds of the people that reach the age of 65 will need long-term care services during their lifetime.  This suggests tha the number of assisted living facilities is likely to grow over the years.  


Any assisted living case involves one of two lawsuits.

The assisted lving facility accepted someoene into its community whio requires a higher level of care than the facility could provide.  

The assisted lving facility accepted someone into its community who was appropriate at the time of her or her admission, however, at some later point in time, the person was no longer a good fit for assited living, yet the facility kept him or her in the community.  Some people wrongly believe that assisted living homes are skilled nursing facilities.  This is not correct.

A skilled nursing facility has more of a medical provider part than does an assisted living facility.  


There are several claims that can arise out of in the assisted living context.  A common injury that occurs is when the there are falls.  Falls are always a bigi concern and when you have someone that has fallen several times there could be negligence on the part of the assisted living faclility.  Any fall gives notice to the facility, and any such fall gives notice to the facility that the person is not appropriate for an assisted living facility.  In other words one and done.  

Unfortunately, Employee-on resident violence is another concern.  Many times the facilities are staffed with poorly trained, poorly paid, people.  The assisted living arrangements are money making operations meant to maximize money not provide the best environment.  

Therefore, there have been incidences around the country including one in Massachusetts, where a patient was horribly abused by an employee and it was videotaped.


These incidences are not uncommon. If your loved one has been injured give us a call and we can help 441-1418.

If you or a loved on has been injured in  bike accident you should call our office to get a case evaluation of your legal rights as soon as possible.  

We represent bicyclist from througout the valley fro injuries occuring while they are riding a bike.  Many bike accidents occur because car drivers do not give the bicyclist enough room.

All car drivers must share the road with bikes.  In 2014, California passed the "Three Feet for Safety" law Vehicle Code section 21760 which requires that a motorist passing a bike must provide a safety buffer of three feet between their vehicle and a bicycle wherever feasible.  In some situations, bicyclist are entitled to take the whole lane (where there is a hazard or obstruction that precludes them traveling on the righthand side of the road). For a violation taht does not result in injury, the law sets a base fine of $35 which becomes $233.00 for the court once court and administrative fees are added.  For a violation of that involves a collission that injures a bicyclist, the base fine is $220 whcih becomes $959 fine for the driver.  This penalty is equel to the lowest fine imposed for reckless driving with bodily injury.  

If you have been involved in an accident give us a call. 559 441-1418.

If you have been injured by the negligence of a driver and you have sustained injuries you should call our officer to see what your legal rights are and if you can recover for those damages. 


The number one cause of serious bike injuries is the speeding of motor vehicles.  Often those vehicles are not only speeding but talking on there phones, texting, and just being non-attentive.  Even small increases in speed can affect ones ability to properly drive a vehicle and can cause major distractions that can affect the ability of someone to see a bicyclist.  

Frequent causes of bike accidents include. 

drivers speeding or running red lights.

drivers making an illegal u-turn in traffic

drivers providing bicylist with inadequate room

drivers or passengers opening car doors without looking

careless or innatentive drivers (see above)

there could be other factors such as non-driver factors roadway hazards, poorly marked construction sites debris etc or gravel on the roadway.  

There could be city or or other public agencies at fault if these are the cases.  

If a city or  other public agency is at fault please do not delay in contacting an Attorney because there could be statute of limitations issues which could be just six months from the time of your crash. 

If you have any question give us a call 559 441-1418.

As a motorcycle rider you know that riding a motorcycle can be dangerous adventure.  Other drivers especially nowadays are distracted, not paying attention, these can lead to serious accidents or injuries to motorcycle drivers. 

If you were injured in a motorcycle accident in California due to someoene elses negligence you can call us.  if you were injured in a motorcycle accident you could be facing expensive medical bills, and other expenses.


No matter how safe riders are on there motorcyles, there are several factors that could lead to accidents such as:


The low profiles or motorcycles compared to cars and  trucks makes them more difficult to see and could lead to accidents.   Many motorcycle accidents are cause by drivers


State and local governments are responsble for keeping raodways in good conditions and free from hazards, such as potholes which could be hazardous to drivers. 


Riders often travel together in groups but these groups must practice good communication to prevent riders from colliding and or moving into others lanes.


Insurance companies do not have your best interest at heart.  They are for profit organizations.  focused on protecting there interest not yours.  If you were injured in a motorcyle accident having a lawyer on your side can mean the difference between getting the money you deserve for you injuries and leaving money that you will need on the table.  Usually you will not have any upfront fees until we recover money for you.

If you have any questions dont hesitate to call us.  559-441-1418. 

Many times people call me and ask exactly what type of damages they can recover from personal injury cases. If you have been injured in an accident you may be entitled to a financial sum either by verdict,, after trial, or settlement. 

With our help you can get the compensation you need to put  your life back together.  We do these type of cases to make sure people get through this tough time in there lives. 

Your case evaluation is free.  And you don't pay us anything unless you get compensation. 

You may be able to recover your:

Pain and Suffering

Your medical bills

Loss of earnings

Repair and replace your vehicle. 

It doesnt matter if you have suffered a broken arm or a life-threatening injury or accident, our attorneys can help you. 

Having a personal Injury Attorney can help you recover and can mean the difference for you and your family. 

I and my legal associates have helped clients in many different legal areas including:

car accidents

truck accidents

motorcycle accidents

catostrophic injuries

defective products

premises liability

crime victim lawsuits

wrongful death

Under California law you may have a limited time to file your lawsuit it is best to get legal representation as soon as possible.

Schwab photo

Gerald Schwab, Jr.


Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391