Category Archives: Crime

Questions to inquire about prior to hiring an Attorney or Lawyer

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

California Personal Injury Attorney Website

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A California Traffic Study finds a Decline in Cell Phone Related Accidents

woman on cell phone while driving

Notwithstanding California's cell phone use while driving ban, people are still violating the law

We have seen a lot of debate about the success of California’s controversial ban on the use of cell phones while driving. However, a new study by a state agency confirms that these particular laws have been accountable for decreasing the amount of accidents caused by the use of cellular phones.

According to the report from the California Office of Traffic Safety, the number of traffic accidents involving cell phone use while driving in California dropped by 32% after the laws were implemented. The report says that during the two years following the time when cell phone laws came to be, there were approximately 53 fatalities a result of drivers who had been using cellular phones while driving. In the two years before the law was implemented, greater than 100 fatalities were caused by drivers using cell phones while driving.

The research tracked the success of the cellular phone while driving ban. According to Sen. Joe Simitian, Democrat-Palo Alto, who authored the bill which made it an offense to drive an automobile or other motor vehicle while using a hand-held cellular phone, the state has made substantial progress in reducing the number of motorists who use cellular phones while driving.

Safety agencies such as the Governors Highway Safety Association have much praise for the way California has managed to implement its anti-distracted driving laws. A number of other states have similar laws against the usage of hand-held cell phones while driving. However, in those states, these laws have experienced a limited effect, primarily because of absence of aggressive enforcement.

In California, however, law-enforcement is aggressively enforcing these laws, which means that cell phone use while driving has dropped, although penalties for these particular offenses remain low. The penalty for driving with a hand-held cell phone is $20. This past year, there was an attempt to pass legislation that would increase the fines substantially for using a cellular phone while driving, violations. However, the proposal was vetoed by Gov. Jerry Brown. California Car accident attorneys, and Motorcycle Accident Lawyers such as me have strongly supported any proposal to increase the fines for persons found using a hand-held cell phone while driving.

Progress against distracted driving is going to take years. Sen. Simitian compares California’s war against distracted driving with the war against drunk driving and also the campaign to get additional motorists to buckle up while driving. Progress in these initiatives did not come overnight. After aggressive enforcement, we’re able to see a decrease in cell phone use while driving.

Notwithstanding the State report showing a decrease in cell phone usage, I myself personally see people holding cell phones up to their ears while driving, in violation of the law, all of the time.

It upsets me because I know that these people are not only violating the law, but they are accidents waiting to happen.

It is my practice to subpoena all cell phone records of persons involved in a car, truck, or other motor vehicle accident when I am doing a case against them for one of my personal injury clients. The cops may not have caught you, but I will.

California Car, Truck, Motorcycle Vehicle Accident Attorney Website

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An incident involving Lindsay Lohan hitting a man with her car could threaten her probation

Lindsay Lohan in Court with her attorney

Lindsay Lohan in Court with her attorney

Lindsay Lohan’s probation may very well be threatened by an accusation that she hit a man with her car outside a Hollywood club early Wednesday morning, if the individual files a police report and she is actually found to have fled the scene.

The incident occurred shortly before 1 a.m. at a parking lot in the 6500 block of Hollywood Boulevard, said Officer Norma Eisenman. Lohan was surrounded by paparazzi and was trying to negotiate a U-turn in a parking area when her car allegedly brushed the leg of the man, reportedly a manager in a nearby club.

The actress left the location but Eisenman said the department at this time doesn’t consider it a hit-and-run.

“We aren’t commenting until we’ve gathered all the facts,” Steve Honig, a spokesman for Lohan, said Wednesday.

Legal experts stated that police can only initiate a probe if the victim files a complaint.

“A hit-and-run is a violation of her probation,” they said. “She was ordered to obey all laws. Leaving the scene of an accident is a violation of Vehicle Code section 20002,” they said

According to the LAPD, the guy called police, who took down the information but didn’t make an official report because at that point he wasn’t deemed to be injured.

Officers did not contact Lohan, Eisenman said.

Lohan continues to be on probation since a 2007 conviction for driving under the influence. Since that time she has been found guilty of shoplifting and is also currently on probation for both offenses.

The 25-year-old actress has been sent to jail several times for violating the terms of probation. But in the last few months under a strict regime of community service at the morgue and counseling, a judge has praised her behavior and may take her off supervised probation later this month.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Hollywood or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Hollywood Car Accident Attorney Website

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Lawsuit seeks to block New Los Angeles Police Department Unlicensed Driver Policy

city of los angelesA lawsuit has been filed to try and block a new Los Angeles police policy that will let unlicensed drivers, including undocumented immigrants, skirt a mandatory 30-day impound rule after a traffic stop.

A group of civil rights attorneys filed the complaint on Thursday in Los Angeles Superior Court.

The complaint seeks to block enforcement of LAPD Chief Charlie Beck’s new policy to prevent “wasteful, unlawful and unconstitutional police policies.”

It names Beck, CHP Commissioner Joseph A. Farrow, the city of Los Angeles and also the state of California.

“The problem with the 30-day impound is it’s enforced against people with basically not much money,” said Donald W. Cook, an attorney who filed the complaint. “It really is a financial racket. It’s a Robin Hood in reverse.

“This isn’t regarding the state’s power to seize and take away from the street cars that cannot be left on the street for just about any number of reasons,” Cook said. “It’s about ability of the owner to obtain the car back less than Thirty days and in many cases immediately.”

Cook and his fellow colleagues have a similar case that’s pending in federal court.

Several cities, including L.A., produced motion recently to have that case dismissed, claiming the issues are already decided by an earlier appellate court ruling.

The judge could rule on the motion any day, Cook said.

No court date in the most recent case has been set.

LAPD spokesman Gus Villanueva said the department had not seen the complaint and could not comment.

The complaint argues the LAPD policy change illegally requires a mandatory 30-day impound of drivers stopped with an expired California driver’s license or even a foreign driving license.

It argues the department unlawfully prevents the owners of vehicles from getting their cars back before 30 days when another driver who is not the owner was to blame for any violation and impound.

The complaint also contends LAPD procedures for notifying vehicle owners of an impound deny alleged violators due process by not notifying them of any hearing date to contest an impound.

The city Police Commission a week ago approved a new policy that allowed offenders who have valid identification, car registration and proof of insurance to avoid a mandatory 30-day impound.

Under the policy, drivers who were at fault in an accident, or had prior convictions for driving unlicensed wouldn’t be eligible for a shortened impound.

Beck, who proposed the policy with the backing of immigrants’ rights groups and Mayor Antonio Villaraigosa, said last week the modification was an attempt to get rid of confusion by officers in the field over two conflicting laws regarding when to impound a car or truck as well as for how long.

He also said the policy discriminated against undocumented immigrants, who are unable to get driver licenses.

Two attorneys behind the lawsuit argued it did not go far enough, saying it does not curtail the high costs of getting a vehicle towed and impounded.

A 30-day impound costs about $1,500, as outlined by attorney Cynthia Anderson-Barker.

The Los Angeles Police Protective League, the union representing rank-and-file police officers, challenges the plan. The union believes the law encourages more unlicensed drivers to be on the highway and jeopardizes public safety.

The LAPD impounded about 30,000 cars last year. About Eighty-five percent of such were for violations of the state vehicle code that mandates a 30-day impound.

A memo by the state Legislative Council, which provides legal counsel to state legislators, questioned its legality, even though the Los Angeles City Attorney said the law is legally defensible.
Da Steve Cooley sent a letter to the commission stating the plan violates state regulations and would make the city vulnerable to lawsuits.

The polarizing impound policy has taken place within a heated and emotional national debate over immigration.

“What I’m saying really is easy. We all have to cut off the magnets which are drawing individuals to come here illegally,” California Assemblyman Tim Donnelly said..

“We must stop rewarding people, giving them free college tuition – Hey incidentally, if you don’t possess a driver’s license we’ll make totally new classification. Hey, when you get your vehicle impounded we’ll clear that with another law.”

Beck acknowledged after the commission’s vote that the debate was “far from over,” but insisted the policy would still crack down on unlicensed drivers who are repeat offenders or cause accidents.

“This isn’t a free ride,” the chief said.

The commission’s vote isn’t automatically susceptible to review by the City Council, but the council could vote to take up the issue.

As a personal injury and car accident attorney who does many cases throughout the City of Los Angeles, and who follows the law, I for one am against the new Los Angeles Police Policy and think that State Law should be followed.

I see many accidents where one of the parties are unlicensed and should not be on the road. Also many hit and run accidents are done by persons with no license or persons whose license has become suspended.

To reward those who don’t follow the law and allow them to skirt the 30 day impound period, at least to me an accident attorney, is a threat to public safety and should not be done.

It is the Law of California that all drivers be licensed. If someone wants to drive without a license and endanger us all, they should be made to pay.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Los Angeles or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Los Angeles Car Accident Attorney Website

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Basic California Motor Vehicle Collision Information.

California Car Accident InformationVehicle collisions can and most often are traumatic. So much is happening, and you may not understand what you need to do. Save this article on your computer or in your vehicle just in case you find yourself in a vehicle collision.

You and Your Passengers Must Wear Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in one or more vehicle collision throughout their lifetime. The chances of you being killed or injured in a vehicle collision are greater than you may think. One person in three is going to be injured or killed. To increase your odds of surviving an accident, use your seat belts each and every time you are in a moving vehicle. Ensure you and your passengers wear both your lap and shoulder belt if the vehicle comes with both, whether or not the vehicle comes with air bags. Wear your seat belts each and every time you drive. It’s the law!

Children eight years and older, but under 16 years old must be properly secured by having an appropriate safety belt. Children under eight years old, who are less than 4 feet 9 inches tall, have to be properly secured in a child passenger restraint system which fits federal safety standards. However, children under eight years old, that are 4 feet 9 inches tall or taller, may be secured with an appropriate safety belt.

Here are a few additional techniques for using a child passenger restraint system:

The back seat is the safest place in the car for kids 12 years old or younger.

Children, who weigh to 20 lbs. up to age 1, must be secured in a child passenger restraint system secured to the back seat facing the back of the car. Children must not be placed facing forward or backward in the front passenger seat if the vehicle comes with an air bag. Your local law enforcement agencies, fire departments, or perhaps a child passenger safety (CPS) technician can check out proper installation of your child passenger restraint system.

Common Causes of Vehicle Collisions

A few of the common reasons for vehicle collisions are:

  • Unsafe speed
  • Driver distractions
  • Driving on the wrong side of the road
  • Improper turns
  • Violation of the right-of-way rules
  • Violation of stop signals and signs
  • Cellular telephone use

Choosing a Lane

When news stations report vehicle collisions, they refer to numbered traffic lanes. The left lane is the “Number.1 Lane.” The lane on the right of the “Number 1 Lane” is the “Number 2 Lane”, then the “Number 3 Lane”, etc.

For anyone who is made aware of a motor vehicle collision through the news or your GPS, avoid driving close to the collision or take another route, if possible. In the event you must drive near a collision scene, do not slow down or stop and look at the accident because you could cause another collision. Drive carefully and watch for people in the road. Always obey an order from a police officer or firefighter directing traffic at a vehicle collision scene, even if you must ignore normal traffic laws or signs to accomplish this.

When You See a Motor Vehicle Collision

Should you be the very first person at a vehicle collision scene, pull completely off the road, away from the collision. Emergency personnel have to be able to see the collision and stop next to it for quick access to injured persons.

Determine if someone is injured. Search the area for victims who may have been thrown from a vehicle. They can be hidden in tall grass or bushes.

Call 9-1-1. If another person stops to help, ask that person to call 9-1-1.

The individual calling 9-1-1 must be prepared to respond to questions and supply information, including the location of the emergency (cross streets, freeway on/off ramp information) and exactly how many people require assistance (is anyone bleeding, unconscious, or with no pulse).

Don’t hang up the phone! Allow the emergency dispatcher to hang up first.

If at all possible, use flares or emergency triangles. If you find a gasoline leak or fumes, don’t use the flares and don’t smoke!

Help anyone that isn’t already walking and talking. Do not move an injured person unless she or he is in a burning vehicle or perhaps in other danger. Moving someone incorrectly often makes an injury worse.

Move the automobile(s) involved out of the traffic lane if it’s not disabled. Turn off the ignition of wrecked vehicle(s). Don’t smoke! Fire is a great danger.

If you are Involved In A Collision?

In case you are involved in an automobile collision-STOP. If you don’t stop, you may be convicted of a “hit and run” and may be severely punished. Someone could be injured and require help. Call 9-1-1 immediately to report the collision to the police or CHP. You must show your driver license, vehicle registration card, proof of financial responsibility, and current address to the other driver or persons involved in the accident, or any peace officer. Evidence of financial responsibility is usually an insurance provider name and a policy number. If you do not have it, you will get a citation along with a $250 fine.

You must do the following:

Move your motor vehicle off the street or highway if no one is killed or injured. Should you not move your motor vehicle or have it taken off the road or highway, any peace officer or authorized personnel may have your motor vehicle removed and impounded. (CVC §§22651 and 22651.05)

Pull to the side of the road and stop in the event you kill or injure an animal. Look for the owner. In the event you can’t find the owner, call the nearest humane society, police, or CHP. Don’t attempt to move a wounded animal. Never leave an injured animal to die.

Try to look for the owner in the event you hit a parked vehicle or any other property. Identify yourself before you leave. In the event you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle that you are driving) inside the vehicle or securely attached to it. Report the collision without delay to the police or, in unincorporated areas, to the CHP.

Report the collision in writing to the police or CHP without delay if anyone is killed or injured and law enforcement wasn’t present at the scene. In the event the driver of the vehicle involved in a collision is physically unable to report a collision to the police or CHP, any occupant inside vehicle at the time of the collision shall make the report on behalf of the driver.

You or your agent, broker, or legal representative should do the following:

Report the collision by completing a Report of Traffic Accident Occurring in California (SR 1) to the DMV within 10 days when there is in excess of $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.

How Much Insurance are you required to have?

You must be financially responsible for your actions whenever you drive as well as for all motorized vehicles you own. Most drivers decide to have an automobile liability insurance policy as evidence of financial responsibility. If you have a collision not protected by your insurance, your license will be suspended. When the driver involved in the collision is not identified, the owner of the motor vehicle involved will have his or her driver license suspended.

The minimum amount your insurance must cover in the state of California is:

$15,000 for a single death or injury.

$30,000 for death or injury to multiple people.

$5,000 for damage to property caused by one accident.

Reporting a traffic accident to DMV

If you have a collision, report it to the DMV using the SR 1 form. You or your insurance agent, broker, or legal representative must complete the SR 1 report and send it to the DMV within Ten days if a person is injured (regardless of how minor the injury) or killed or property damage is over $750. The SR 1 report is necessary in addition to every other report made to law enforcement, CHP, or your insurance company.

The SR 1 form is available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. The SR 1 form is necessary whether you caused the collision or not, and even if the collision occurred on private property.

Your driving privilege is going to be suspended if you don’t complete a SR 1 form or if you didn’t possess the proper insurance coverage at the time of the automobile collision.

Every vehicle collision reported to the DMV by law enforcement shows on the driving record unless the reporting officer says someone else was at fault. Unless there is a corresponding police report on file that indicates someone else was at fault, every vehicle collision reported by you or some other party in the collision will likely show on your driver record if:

Any vehicle or property involved has over $750 in damage, or

Anyone is injured or dies.

It does not matter who caused the vehicle collision. The law says DMV must keep this record.

California Motor Vehicle Accident Recap

The subsequent information can help you complete the SR 1 form (maintain it in your glove box). Avoid the use of this article instead of filing the SR 1 form.

Your insurance company name and policy number.

Time and date of the accident.

Location of the accident.

NOTE: You have to give your current address and show these documents to any peace officer and person(s) involved in the vehicle collision:

Your driver license.

Your vehicle registration card.

Evidence of financial responsibility which includes your insurance company name and policy number.

Other Party’s (Driver’s) Information:

Driver’s date of birth.

License number and state.

Driver’s name and address.

Vehicle license plate number and state.

Driver’s insurance company name.

Policy number and expiration date.

Policy holder’s name and address.

Vehicle owner’s name and address.

Injuries or property damage.

The Law Offices of Norman Gregory Fernandez & Associates handles car accident cases and other motor vehicle accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call us for a free consultation at 800-816-1529 x. 1.

California Car Accident Attorney Website

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Fleeing hit-run driver injures 5 people, 3 seriously in second crash; Maybe it is time to increase penalties.

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

WOODLAND HILLS, LOS ANGELES – California

A driver fleeing the scene of an accident ended up colliding with two other cars on Ventura Boulevard at Desoto Avenue in Woodland Hills on Saturday.

Police said the driver of a red convertible got into an accident on another portion of Ventura Boulevard. He then took off and continued eastbound, colliding with two other cars that were stopped at a light at Desoto Avenue at around 11:30 a.m.

Five people were injured, three of them critically.

The driver of the car involved in the original hit-and-run accident said the red convertible rear-ended him. He and his daughter were not injured.

This particular accident really hits home for me, because it happened right or I grew up.

I don’t know what’s going on lately but it seems to me that there is a marked increase of hit-and-run drivers, and people fleeing the scene of accidents that their in.

In this particular accident, five people were injured, three critically, because some idiot decided not to stop after they were in accident.

It seems to me if there were mandatory jail sentences for hit-and-run drivers, with sentences being much tougher for hit-and-run drivers, that the word would get out and more people would stop after they’re in a car accident.

Furthermore, I believe that drivers, who were convicted of hit-and-run driving, should lose their driver’s license privileges for the rest of their life. I think maybe with these types of stiff penalties, accidents like this would not happen, and more people would stop rather than flee the scene of an accident.

What do you think?

If you or your family have been the victim of a car crash, or other motor vehicle accident in Woodland Hills or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Woodland Hills Car Accident Attorney Website

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5 People are dead so far in Los Angeles County So Far During Labor Day Weekend

California Personal Injury Lawyer Blog NewsA fiery crash on the 110 Freeway and several other traffic accidents have claimed the lives of five people on Los Angeles County streets and highways so far over the Labor Day weekend, authorities said.

A motorcyclist was killed Sunday in a crash on Topanga Canyon Boulevard near the Pacific Coast Highway about 2:30 p.m., the California Highway Patrol reported. The victim was pronounced dead at a hospital. Investigators were still on the scene, and no further details were available.

Also, a man died early Sunday when he was trapped under a flaming 1971 Chevy Monte Carlo that had been stopped on the shoulder of the southbound 110 Freeway near 52nd Street.

The 2:40 a.m. incident began when the 18-year-old driver of a 2008 Smart car slowed to avoid rear-ending a vehicle directly ahead, swerved onto the right shoulder and struck the Monte Carlo. Both vehicles burst into flames.

The Monte Carlo rolled over and fatally injured one of three men who had been standing near the car after it had broken down, the CHP reported. Two other victims were taken to hospitals, one in critical condition and one with lesser injuries.

The driver of the Smart car sustained scrapes and was arrested on suspicion of second-degree murder and driving under the influence, the CHP said. Names of the suspect and victims were not released.

About 11 p.m. Saturday, a pickup truck driven by a 17-year-old male overturned on the 710 Freeway, killing a female passenger and injuring three others. The accident occurred in the northbound lanes just south of the 91 Freeway, the CHP reported. No names were released.
A 23-year-old man driving a Honda Accord died late Saturday when he hit a power pole and tree on Somerset Ranch Road near Paramount Boulevard in South Gate.

The accident occurred about 10:50 p.m. when the driver exited the 105 Freeway at a high rate of speed, collided with another vehicle and slammed into the pole and tree, said South Gate Police Sgt. Mario Saldivar.

The driver was pronounced dead at the scene. A female passenger was in stable condition at a hospital with minor injuries. No names were released.

And a 43-year-old Irvine man was killed while trying to cross the eastbound lanes of the 101 Freeway after crashing his car near Laurel Canyon Boulevard about 9:40 p.m. Saturday, officials said.

The man had been driving west in a black Lexus when he drifted off the shoulder, struck a guardrail and came to rest in the number one lane, the CHP reported.

He got out of the car, tried to run across the freeway and was hit by a BMW driven by a 76-year-old Encino man. The driver of the Lexus was pronounced dead at the scene. His name was not released. The BMW driver was unhurt.

Last year, only one traffic-related fatality was reported in Los Angeles County during the first 36 hours of Labor Day weekend, according to the CHP. Statewide, the CHP has reported six fatalities so far, compared with eight last year.

In Los Angeles County, 227 people have been arrested on suspicion of drunk driving, up from 209 last year, while statewide, the CHP has arrested 1,008 motorists on that charge, compared with 990 last year.

Traffic-related incidents so far this weekend are also higher than the July 4 and Memorial Day numbers this year, authorities said.
“There was a somewhat downward trend, and we were hopeful that would still be the case because people had gotten the message about safe driving,” said CHP Officer Ming Hsu. “Unfortunately, the numbers we have for this period are spiking.”

If you or your family has been injured anywhere in Los Angeles County or the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

Los Angeles County Car Accident Attorney and California Personal Injury Website

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Horrendous Pomona Car Crash Leaves Two Dead

Scene of fatal car accident in Pomona, California

Scene of fatal car accident in Pomona, California

Two people were killed this Monday in Pomona, California when the unlicensed driver of a stolen car slammed into a Nissan Maxima at high speed early Monday, slicing the Nissan in half in a burst of flames.

According to preliminary reports, the Nissan was attempting to pull into a fast food lot when it was broadsided by an Infiniti G37S traveling at an extremely high rate of speed.

Upon impact, the Nissan split in half and exploded into flames. Parts of the vehicle’s tires were seen melted onto the sidewalk.

“The flames were just sky-high. They were tremendous, tremendous flames,” a witness, Peter Romanowski, told local news. “I’ve never seen an accident like that ever in my life.”

Miguel Herrera, 22, and his pregnant girlfriend Desiree Grajeda, 17, were instantly killed in the Nissan.

Lorraine Martinez, 26, the unlicensed driver of the 2008 Infinity G37S reported stolen Sunday evening, received minor injuries and was arrested and booked for investigation of auto theft and vehicular manslaughter, according to authorities.

The fatal car crash is still under investigation and there is evidence another person may have been in the vehicle during the collision who then fled the scene.

Pomona California Car Accident and Wrongful Death Attorney Website

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Passenger of Drunk Driver Killed in Anaheim

California Personal Injury Lawyer Blog NewsANAHEIM – A passenger in a vehicle driven by a woman who was arrested on suspicion of drunken driving died at a hospital early Sunday morning after the pickup they were in hit a car, went onto a dirt embankment and overturned “several” times, California Highway Patrol officials said.

The accident happened at about 12:45 a.m. on the southbound I-5 freeway near Disneyland Drive in Anaheim.

The male passenger, 28, died at 4:15 a.m. at UCI Medical Center in Orange. The female driver, also 28, was arrested on suspicion of felony driving under the influence and remains in custody at the same hospital, where she is being treated for major injuries, the incident report said.

The driver and passenger in the car were taken to Western Medical Center with moderate and minor injuries.
The CHP report says the driver of the 2002 GMC pickup was driving in the third lane “at a high rate of speed.” For unknown reasons, she changed lanes to the fourth lane and struck the left rear corner of the 1995 Mercury Villager, then continued west, where the truck “skidded off” the main lanes and traveled “out of control” onto a steep dirt embankment. The truck then struck part of a bridge and made “several rotations” back across the southbound lanes, where it came to rest in the first lane, the report says.

The CHP did not release the name of the passenger or the driver.

This fatal car accident is a tragedy that could have and should have not happened.

By now everyone knows how dangerous it is to drink and drive. It is almost like playing with a loaded gun, and there is flat out no excuse for drinking and driving.

No one should drink and drive under any circumstances, because like what happened here, they could kill someone.

In this case one person lost their life, and the woman who was arrested life will never be the same either; all for the sake of a drink.

Whatever you do, do not get in the car with someone you know has been drinking alcohol.

Anaheim Car Accident Attorney Website

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Man dies in Angeles Crest crash; Excessive Speed, Alcohol Likely to Blame for Wreck

California Personal Injury Lawyer Blog NewsA driver heading toward La Cañada on Angeles Crest Highway was killed at about 3 a.m. Friday when he lost control of his car, careened into an embankment and collided with a tree, officials said.

The fatal wreck came just a week after state transportation officials reopened the winding 7-mile stretch of highway between La Cañada Flintridge and Angeles Forest Highway.

Pasadena resident Julio Velasquez, 21, crashed his Honda sedan near mile marker 30.71, a sharp curve about six miles above the Foothill (210) Freeway. Paramedics pronounced him dead at the scene, said Los Angeles County Fire Capt. Bob Funke.

California Highway Patrol Sgt. Becky Lynch said investigators believe alcohol and excessive speed may be to blame for the crash.

Funke, a first-responder, said Velasquez’s body was discovered by friends with whom he reportedly had been drinking earlier that night in the George’s Gap area of the Angeles National Forest, an isolated spot near Clear Creek.

“They said they were up at George’s Gap drinking, just being social, and the driver of the vehicle decided he wanted to go home. They tried to talk him out of driving, but to no avail,” Funke said. “About 35 or 40 minutes later, [the friends] were driving down and came upon [Velasquez’s] car embedded in the side of a hill. He had run head-on into a tree, and that’s how we found him.”

Funke said he did not see any obvious signs that Velasquez had applied his brakes prior to the crash.

An autopsy and blood-alcohol test is pending this weekend.

Angeles Crest Highway was closed above La Cañada for nearly 17 months to repair massive road washouts and other damage caused by the August 2009 Station fire and subsequent rainstorms.

The CHP has intensified traffic enforcement efforts along the roadway since its reopening on June 3.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

La Canada Flintridge and Angeles Forest Highway Accident Attorney Website

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Bicyclist Killed by a Hit and Run Driver at the University of California Santa Cruz

Zachary Parke

Zachary Parke

Zachary Parke, 25, of Santa Cruz, was found dead on the University of California at Santa Cruz campus on Wednesday after he was killed in a by a hit and run driver.

His body was found near Heller Drive on Empire Grade Road, which is a primary route for students entering and leaving the campus.

He was in the bushes 15 feet in front of his bicycle, and broken glass littered the ground.

California Highway Patrol officers said Zachary Parke was riding a bicycle when he was hit by a car. A driver traveling in a maroon Nissan or Infiniti fled after hitting the bicyclist, CHP officers said.

Another bicyclist found Zachary Parke’s body at 8:05 a.m. on Wednesday and called 911.

Zachary Parke, who is not a UCSC student, was returning home at midnight from the campus after hanging out with friends, his mother April Parke said.

“His friend left at the same time he did. He saw Zachary take off on his bike going down Empire Grade,” April Parke said. Her son never made it home.

Zachary Parke was an avid outdoor rock climber and studied art at Cabrillo College, according to his Facebook page. He went climbing at Sebastian Big Wall in Yosemite with his friends recently.

April Parke described the pain she felt when an official from the coroner’s office knocked on her door Wednesday morning.

“She said she was from the coroner’s office. I said, ‘Is my son OK?'” April Parke said. “She said, ‘No, I’m sorry, he isn’t.'”

The California Highway Patrol needs help finding the hit-and-run driver. Anyone with information on this accident should contact the CHP at 662-0511. The maroon Nissan or Infiniti is missing a side mirror and likely has front-end damage, officers said.

“Somebody was probably drunk, somebody hit him, and it has to be their fault,” April Parke said.

The bicyclist was seasoned in navigating roads on two wheels. He worked as a bike messenger four days a week for Clutch Couriers and pedaled all over the county, April Parke said.

“They weren’t going to let me see him, but I begged them to let me see him one last time,” April Parke said as tears welled up in her eyes.

UCSC students are taking final examinations this week before the spring semester ends.
Campus security did not block off the road while investigators surveyed the scene. Parke’s body was moved into a coroner’s truck before 10 a.m. and few students realized the tragedy that had happened as they drove by.

Santa Cruz Wrongful Death and Bicycle Accident Attorney

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California Cell Phone Hands Free Law means Hands Free!

A Biker and Motorcyclist worst nightmare!

A Biker and Motorcyclist worst nightmare!

As many of you know, or should know, on July 1, 2008, a California law took effect which bans the use of cell phones without a hands free device while driving. I wrote an article about it which you can read by clicking here.

Many people think that the law allows you to hold your phone and use the speaker phone function of the cell phone while driving, so long as you do not hold it to your head. Well guess what, you cannot.

Technically under the hands free law, you cannot hold your phone to even dial it while driving.

Now here is the kicker, the fine for the first offense is only around $25.00. However, by the time all of the extra add-on assessments and costs are added onto the ticket, you will be looking at a $160.00 ticket for the first offense.

A second offense will kick it up to over $300.00, and so forth.

I have been informed that the CHP alone is writing almost 10,000 cell phone tickets a month right now, this does not include all of the other law enforcement agencies.

Obviously cell phone violations have become a big cash cow for our broke State, but I think that it is ridicules to be assessing such major fines simply for holding a cell phone and talking on the speaker.

Now as a motorcycle rider, nothing pisses me off more than seeing a cager with a cell phone to his ear, which in my opinion is blatantly illegal. I will usually blare my horn to get their attention.

Bottom line, in California, you cannot hold your cell phone while driving or you will get dinged. You must only use hands free.

Most cell phones these days allow you to voice dial through a Bluetooth device. That is probably the way to go.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © April 5, 2011

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Oceanside Man dies needlessly after he is hit by a Speeding Car

Scene of fatal motorcycle accident in Costa Mesa

Scene of fatal motorcycle accident in Costa Mesa

SAN DIEGO – A collision on a storm-soaked stretch of Interstate 805 in Clairemont Mesa killed a 60-year-old motorcyclist Monday and tangled traffic for hours during the morning commute.

The accident occurred amid heavy rainfall shortly before 6 a.m., when a motorist traveling about 80 mph in the far left-hand southbound lane of the freeway encountered slow-moving traffic ahead of him near Balboa Avenue, causing him to lose control of his Lexus SUV, according to the California Highway Patrol.

The vehicle slid to the right, struck a big rig and caromed back to the left across the roadway, crossing directly in the path of a BMW motorcycle, CHP Officer Allen Reyes said.

The two-wheeler struck the driver’s side of the Lexus, ejecting the rider, Paul Palika of Oceanside. He died at the scene.

The driver of the sport utility vehicle was uninjured. It was unclear if he would be cited in connection with the fatal accident, according to Reyes.

The accident forced the closure of the southbound side of the freeway for several hours. All lanes were open again by just before 8:30 a.m., Reyes said.

I send my prayers and condolences to the family and friends of Paul Palika; he died because some idiot decided to speed in the rain.

Regardless of whether the authorities go after the driver of the Lexus, which they should, the family of Paul Palika has one hell of a wrongful death case against the driver of the Lexus.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

San Diego Motorcycle Accident Attorney

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What can you do if your Lover gives you a Sexually Transmitted Disease in California?

What do you do if your lover gives you a sexually transmitted diseaseYou met someone you really like, you had sex with them, soon after you discover a lesion or something else wrong on your private parts, you go to a doctor, you find out you now have herpes. (Or worse) What can you do?

Well there are a lot of things that you can do. The purpose of this article is to discuss the legal remedies available to you if someone knowingly or negligently gives you a sexually transmitted disease. This body of law is called “Sexual Torts.”

Before I get started with this article, let me lay a foundation; first some sexually transmitted diseases are fatal, such as HIV, and Class C Hepatitis. Others such as Syphilis can be fatal if left untreated.

In California it is a felony punishable in California State Prison, for someone who is HIV positive to willfully expose another person to HIV through unprotected sex.

Many other States have similar laws.

Prosecutors have also prosecuted people who knowingly had unprotected sex when they knew they had HIV or Hepatitis with crimes such as criminal negligence, attempted murder, battery, etc.

If any of you out there know you have HIV or Hepatitis, you should consult with an attorney in your State before you go around having sex with someone, even if you disclose the fact that you are infected or have the disease to that person.

California’s willful exposure law basically means that even with disclosure to your partner, you are still required to use protection.

California does not want you passing your disease to other people. Most other States are the same. It is a public health issue, not a privacy issue!

Now getting back to the gist of this article; what can a person do if they are infected with an STD by another person?

In a nutshell, you can report the conduct to the police, district attorney, or health department, and you can sue them for monetary damages, and potentially punitive damages for a Sexual Tort in civil court.

I deal with civil remedies.

There are two standard civil common law causes of action that normally apply to sex torts cases, battery, and negligence.

Battery would be alleged if the person who infected you actually knew they had an STD and failed to disclose it to you.

Negligence would be used if the person who infected you should have known they had an STD.

Fraud can also be alleged if the person who infected you lied to you about actually having an STD.

There have been a couple of multi-million dollar cases involving a person who was infected with an STD by another person.

In the case of deceased movie star Rock Hudson’s same sex partner, he sued because Rock Hudson had sex with him while infected with HIV and failed to disclose it. The same sex partner won a seven figure judgment, without even proving that he got infected with HIV.

In another case, a middle aged woman was infected with genital herpes by her elderly lover. He never denied having herpes, but claimed he told her. She won a seven figure judgment in that case.

There are many problems prosecuting sexual tort cases in civil court. One of the big problems is a lawsuit is only as good as the person you are suing.

If a defendant has little or no money, it can be real difficult or impossible to actually collect a judgment. Most attorney’s including myself, will not take such a case on contingency unless there is a substantial likelihood of collecting a judgment.

Look what happened in the O.J. Simpson civil wrongful death case. The families of the decedents got a 50 million dollar civil judgment against O.J. Simpson, but were only able to collect thousands on the Judgment.

What good is a judgment unless you can collect the money on it?

Unless you get a civil judgment for battery, fraud, or another type of intentional tort, the judgment can be set aside in bankruptcy court if the defendant goes bankrupt.

There is also the statute of limitations issue. In California you have two years to file suit for battery or negligence from the time you knew or should have known, that your lover gave you an STD.

I am always willing to give free consultations to victims in these types of cases to determine if a civil lawsuit is feasible.

On a human level, I suggest that all persons get tested for STD’s before engaging in sexual conduct.

If you are a person who has an STD, you should have your partner sign a written disclosure and release before engaging in sexual conduct. As discussed above, if you have HIV, you may still not be protected.

I have seen people more protective of their cars and property than their own bodies.

You must realize that there are people out there infected with some nasty diseases. Some of them have no problem having sex with you without disclosing their diseases.

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 2011

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4 Year Old Boy killed in Hwy. 101 truck crash in South San Jose, California; driver is being held on DUI charges

James Lee is arrested in connection with a crash that killed 4 year old.

James Lee is arrested in connection with a crash that killed 4 year old.

A 4-year-old boy was killed Sunday night in South San Jose after an alleged drunken-driver returning from a heavy metal concert slammed into the back of the family’s broken down pickup truck.

 James “Jimmy” Francis Lee’s blood-alcohol level was “about twice the legal limit” of 0.08, said California Highway Patrol Officer Brien Rayner. “He said he fell asleep.”

About 6 p.m., the boy’s father had been unbuckling his 4-year-old son from the back of the family’s Chevrolet S-10, which was parked on the shoulder of southbound Highway 101 near Bailey Avenue when a Ford F-150 smashed into the truck. The boy’s mother and 12-year-old sister had already gotten out of the truck and were not injured.

Lee, 44, of San Jose was booked into Santa Clara County Jail on charges of felony DUI and vehicular manslaughter while intoxicated, according to Santa Clara County Sheriff’s Office spokesman Sgt. Rick Sung. He has not yet been arraigned, and has until Wednesday to be formally charged if he remains in custody. 

The Santa Clara County coroner’s office identified the boy as Jose Cortes-Diaz of Gilroy. 

The names of his parents and sister were not made public. The boy’s father suffered a broken jaw and fractured rib, according to the CHP reports.

The CHP said the collision caused the Ford to roll over onto its roof and the Chevy to roll down an embankment. The CHP noted that the Ford had been traveling about the speed limit of 65 mph or 70 mph at the time of the accident. 

The crash sent a tool box from the pickup bed of the family’s Chevy flying right into Jose’s head.

“Oh Jesus!” Lee’s father, James Lee Sr., 64, of San Jose, said in an interview when he was alerted of the boy’s death by the Mercury News. “I am so sorry for that little boy. Everybody likes my son. He’s a great kid and a good-hearted guy. But he had no business driving.”

Lee Sr. said he believed his son was at a concert at Shoreline Amphitheatre in Mountain View on Sunday, where bands were playing in the Rockstar Mayhem Festival. Lee Sr. said his son, a father of two daughters, had recently bought a home in Gilroy. Father and son have worked for about three decades together as truck mechanics in San Jose.

Emergency crews said Jose was barely breathing when they arrived.

“The little boy was wedged behind the driver’s seat,” said San Jose fire Capt. Chuck Rangel. “He wasn’t doing too good.”

Firefighters pried him out with the Jaws of Life and hoisted him into a LifeFlight helicopter and flew him to San Jose Regional Medical Center, where he was pronounced dead, officials said.

At the time, Santa Clara County sheriff’s helicopter happened to be flying in the area. Pilot Rob Heyde and partner, Deputy Leo Gonzalez, saw there were injuries down below, and traffic was beginning to jam up. The two decided to make an emergency landing on 101, after clearing the freeway using their public announcement system.

“They really went overboard to help,” said Sung, of the sheriff’s office. They were joined by a San Jose police motorcycle officer who was also there by chance.

Lee Sr. said his son had been in jail perhaps 15 years ago, but he couldn’t remember for what. Lee Jr. has no criminal record as an adult in Santa Clara County. According to a records search by the Department of Motor Vehicles, Lee is a commercial driver who had a spotless driving record.

Lee Sr. said his son, who attended Del Mar High School in San Jose, had been trying to get his life together after a bad relationship. But according to his father, Lee Jr. didn’t have a known drinking problem.

“I wasn’t aware of one,” Lee Sr. said.

San Jose Car Accident Attorney Website / San Jose Truck Accident Attorney Website

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