Category Archives: Crime

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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A Fatal Napa Valley Accident Tied to Speeding

A Fatal Napa Valley Accident Tied to SpeedingFour people who died in a horrible SUV versus big rig truck crash on Jamieson Canyon/Highway 12 Thursday morning have been identified as three generations of a family from Oregon and two eastern states.

The Napa County California Sheriff’s Office identified the dead as Matthew Jay Smith, 48, of Ashland, Ore., Laura Katharine Smith, 19, of Downingtown, Pa., and Richard Smith, 80, and Sally Smith, 74, both of Simbsbury, Conn.

Napa Sheriff’s Capt. Tracey Stuart said Sally and Richard Smith were on vacation in the Napa Valley. They were returning to Napa after picking up their son and granddaughter when the deadly chain-reaction collisions occurred.

The California Highway Patrol said a westbound big rig driven by Gustavo Lopez, 42, plowed into the back of the victims’ Suburu Forester that was stopped in heavy rush-hour traffic.

The Forester was pushed into the path of an eastbound tractor-trailer hauling concrete pipe. The big rig, driven by Woodland resident Luis Marabilla, 44, crushed the car, pushing it back across the westbound lane onto the shoulder of the road.

Lopez’s truck continued west and side-swiped a Chevrolet flatbed truck that Hilario Trujillo Jr., 33, was driving.

The victims were declared dead at the scene, the CHP said. Trujillo and Marabilla were uninjured, and Lopez was taken to Queen of the Valley Medical Center with minor injuries.

It appears Lopez was driving too fast for the conditions, based on the slow traffic and the size of the truck he was driving, CHP spokesman Jaret Paulson said.

Lopez told officers that traffic was stop-and-go as he traveled along Jamieson Canyon Road. 

He had stopped just prior to the crash, then accelerated through his gears. 

When traffic stopped again ahead of him, he had too much velocity to stop in time, CHP Officer Ryan O’Day said.

Lopez likely wasn’t speeding, but he was going too fast for conditions, Paulson said.

“It just looks like gross inattention at this point as to what caused the collision,” O’Day said.

Under federal law, commercial drivers must submit to a chemical test if they are in an accident. There was no sign that Lopez was under the influence of alcohol or drugs, O’Day said.

Lopez had started his trip in Woodland so he likely hadn’t been on the road long enough for fatigue to be a factor, O’Day said. Lopez wasn’t carrying a load so he wasn’t in a hurry, he said.

The CHP will decide whether to forward the case to the Napa County District Attorney’s office for prosecution. 

“Being that four people are dead because of inattention, I would be surprised if they didn’t press some sort of charges,” O’Day said.

They could range from reckless driving to vehicular manslaughter, he said.

Thursday’s crash brings the fatality total this year to eight victims from five crashes on Napa County roads.

The last time four people died in one crash was on Nov. 15, 2008, on Deer Park Road near Sanitarium Road outside of Angwin, O’Day said.

Napa County hasn’t seen a crash that killed more than four people since it started keeping records in 1999, he said.

The last time someone died on Jamieson Canyon Road was in December 2004, Paulson said.

Napa Valley California Truck and SUV Accident Attorney Website

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3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, California

3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, CaliforniaSHERMAN OAKS, Calfornia
Motorists exchanging information after a crash on the 101 Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

Authorities say motorists exchanging information after a crash on the Ventura (101) Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

The fatal accident happened at about 2:10 a.m. Sunday on the freeway near the Coldwater Canyon Avenue exit, CHP Officer Anthony Martin said.

The California Highway Patrol says three people had been involved in a prior accident and had stepped out of their vehicles to exchange information when they were struck by another vehicle. Three other people were injured.

The identities of the deceased were withheld pending notification of next of kin.

How much do you want to bet that the person or persons who hit and killed the persons on the side of the road exchanging information were drunk or under the influence of drugs and alcohol?

Sheman Oaks, Calfornia Car Accident Attorney Website

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EZ Lube CEO arrested for Drunk Driving after Newport Beach, California Crash.

EZ Lube CEO in Drunk Driving AccidentNEWPORT BEACH – California

 A man arrested on suspicion of drunken driving after crashing twice within a city block is the chief executive officer of EZ Lube, an oil-change chain.

Mark David Goodman, 41, has not been charged with a crime since posting bail Tuesday afternoon.

Goodman, who was not injured, was arrested shortly after 5:30 a.m. Tuesday, after his 2009 Cadillac Escalade crashed into a psychic-reading business.

Goodman held senior executive positions at McDonald’s, Walmart and 1,200-store Save-A-Lot before joining EZ Lube recently.

On Tuesday, Goodman’s Escalade jumped a curb along East Coast Highway, knocking over a parking sign, and smashing straight into a knee-high brick planter at Directors Financial Group.

Goodman then apparently backed off the parking sign, and continued a block north, jumping the curb again, breaking another parking sign, scraping a palm tree, and continuing down a sidewalk before smashing into a bus stop bench and finally coming to a stop inside the Crystal Lotus, 3100 E. Coast Highway, in Corona del Mar.

Goodman did not return a call for comment.

Anita Marie Laurie, an EZ Lube spokeswoman, said, “I spoke to him and he said he’s just grateful that no one was injured.”

Goodman took his current job three months ago, when EZ Lube came out of Chapter 11 bankruptcy.

EZ Lube, a chain of 85 or so oil-change shops based in Southern California, ran into financial troubles after two investigations found evidence that the company routinely defrauded customers.

In December 2007, EZ Lube agreed to a $5 million settlement with the Orange County district attorney to end legal action. The company paid $3 million toward the settlement, but declared bankruptcy in December 2008 before paying the rest.

EZ Lube is the latest stop for Goodman, who once ran U.S. strategy and operations for McDonald’s.

After McDonald’s, Goodman had stints as a top executive for two other companies.

For 14 months, Goodman was an executive vice president for marketing at Sam’s Club. Four months after he left, he got a job in April 2007 as chief operations officer for Save-A-Lot, where he stayed for 15 months.

Bottom line folks, do not drink and drive; you could kill someone and then end up in jail for a very long time.

Newport Beach Car Accident Attorney Website

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The Victim of head on car crash in Southern California mourned.

Wrongful Death Victim David Norman ReidFriends, family and students are mourning the loss of a 50-year-old father who was killed Friday in a head-on crash near Steele Canyon High School, where he often volunteered for his kids’ drama productions.

He was identified by the Medical Examiner’s Office Saturday as David Norman Reid, who lived with his wife and family in Spring Valley, California.

Reid was driving a Dodge Caravan east on state Route 94 about a mile west of the school when the driver of a Ford Mustang crossed over the double-yellow line and collided with him head-on, the California Highway Patrol said.

Reid’s 17-year-old son, who was in the passenger seat, suffered serious injuries and underwent surgery Saturday, said the school’s assistant principal, Jeff Kover.

The driver of the Mustang, former student Andrew Bellatti, 18, and his 16-year-old female passenger, a current student, also were injured. They were reportedly released from the hospital Saturday.

It was unknown why Bellatti had crossed into oncoming traffic, but investigators said speed was a factor.

The speedometer on the Mustang was frozen at about 80 mph, said CHP Officer Brian Pennings. He said there was no indication that Bellatti had been racing, or that drugs or alcohol were a factor in the accident.

The road was wet, but it was not raining at the time, he said.

Reid’s son followed in his older sister’s footsteps by joining the charter high school’s drama club, and their parents became well-known volunteers over the past several years.

Reid did everything from building sets and chaperoning to serving at concession stands during plays.
“He’s easily one of the nicest guys you could meet. He always had a good joke or story,” Kover said. “He was there any time we had an event going on, a production or a show. They were always helping out.”

High school records show that Bellatti, who graduated last year, was a pitcher and first-baseman on Steele Canyon’s baseball team. He signed with the Tampa Bay Rays after turning down a scholarship offer to Cal State Fullerton.

Last summer, Bellatti pitched for Tampa Bay’s rookie team in the Gulf Coast League. Professional baseball’s spring training begins next month.

It would appear from the basic facts of this case that the driver of the Mustang was speeding way over the speed limit when he crossed into oncoming traffic and is most probably responsible for the wrongful death of David Norman Reid. We at the California Personal Injury Lawyer Blog send our prayers and condolences to his family.

If you or your family has suffered through the wrongful death of a loved one, you may call our office for a free consultation at 800-816-1529 x. 1.

San Diego Car Accident Lawyer and San Diego Wrongful Death Attorney Website

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New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

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What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

By California Personal Injury Attorney, Norman Gregory Fernandez, Esq., © 2009

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