Category Archives: Editorial

Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California –

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

  • Repeatedly step on the gas pedal to jar it loose.
  • Step on the clutch to disengage the gears or shift the vehicle into neutral.
  • If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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1 Bicyclist dead, 2 hurt in horrendous crash in the Angeles National Forest

Southern California Bicycle Accident AttorneyOne local bicyclist was killed and two more injured Saturday when they were hit by an alleged drunken driver on Bouquet Canyon Road in the Angeles National Forest, officials said.

“It appears the drunk driver ran into a group of bicyclists that were riding in the canyon,” said Sgt. Brian Allen of the Santa Clarita Valley Sheriff’s Station. “Two of them were injured and taken to the hospital, and one additional bicyclist was killed.”

The dead cyclist was identified as Joseph Novotny, 43, of Stevenson Ranch.

California Highway Patrol investigators said Marco Valencia, of Canyon Country, was traveling northbound on Bouquet Canyon Road just south of the Big Oaks Lodge when he came to a sweeping left turn in the canyon roadway.

Valencia’s pickup truck allegedly crossed the double yellow lines, traveling into the southbound traffic lane toward a group of cyclists, including Novotny. Valencia’s truck allegedly struck three of the riders and continued northbound, leaving the scene of the collision, according to a CHP news release. Valencia also allegedly sideswiped a Hyundai; the driver was uninjured.

Sheriff’s deputies and CHP officers located Valencia, 20, in his 2001 Ford F-150 pickup truck further north along Bouquet Canyon Road and south of Elizabeth Lake Road, Allen said.

Novotny was pronounced dead at the scene. Rigoberto Himenez Jr., of Saugus, and George Munana Jr., of Valencia, were transported to Henry Mayo Newhall Memorial Hospital, according to CHP reports. Two other riders suffered minor injuries.

Valencia, who was suspected of driving under the influence of alcohol and/or drugs, was arrested and taken to the Santa Clarita Valley Sheriff’s Station to be booked for investigation of several felony charges, including murder, driving while under the influence and/or drugs causing death and hit-and-run causing death, the CHP report said.

He was being held on more than $1 million bail.

Bouquet Canyon Road near the 33000 block – in the Texas Canyon area – was closed about four hours Saturday following the accident, which occured just before 11 a.m.

Jane Skalak, a member of the Santa Clarita Velo cycling group, said she saw the group that included Novotny riding up the canyon as she and others were descending. She said word of the accident spread quickly throughout the cycling group.

“It’s a tragedy,” she said. “As a cyclist, you expect people to respect you and be able to share the road, but the reality is that it doesn’t happen and when somebody’s drunk on a Saturday morning, it’s a tragedy.”

In 2006, Anthony Robert Estrin, an active board member of the Velo cycling group, was hit and killed by a drunken driver on Sierra Highway.

“If I had a dime for every time I thought about what could happen while I’m out riding, I’d be a rich woman. But it’s what we do; we love to ride,” Skalak said.

Maria Gutzeit is a cyclist and advocate with the Los Angeles County Bicycle Coalition who rides Bouquet Canyon a couple of times a week.

She said cyclists are certainly aware the canyons are twisty and car drivers need to be alert and give cyclists some room.

But the fact that the driver was apparently driving under the influence is “absolutely inexcusable” and “just tragic,” she said.

When one local bicycle shop manager heard about the fatality, he was not surprised.

“It happens a little too often out here,” said Curtis Meadows, service manager at Valley Bikes in Newhall. “I just moved out here two years ago. There are too many erratic drivers out here.”

Meadows said he stopped riding on Bouquet Canyon Road because there are too many drivers who don’t pay attention.

I am utterly appalled at this accident. If this guy was in fact drunk, he should be charged with murder and dealt with accordingly. He has killed an innocent bicycle rider, injured others, and caused grief with family and friends all because we wanted to get drunk and drive.

If you or your family was a victim in this accident or any other accident, you may call me for a free consultation at 800-816-1529 ext. 1

Southern California Bicycle Accident Attorney Website

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Van tried to evade head-on Collision east of Meridian, CA.

Meridian, Yuba City California Personal Injury and Wrongful Death Attorney LawyerThe driver of a van carrying 10 unbelted passengers swerved to try and avoid the head-on collision that killed a Yuba City woman, a California Highway Patrol official said Monday.

Lorretta Lynn Deniz, 22, of the 400 block of Emerson Avenue, was pronounced dead at the scene of the Saturday night accident on Highway 20 east of Meridian. Passengers in the van, all from Oakland, had injuries ranging from a broken leg to fractured spines and skulls, according to the CHP.

The collision occurred partly on the shoulder of westbound Highway 20, indicating the van driver, Adolfo Jiminez, 23, swerved to avoid Deniz’s eastbound 1998 Chevy Malibu, said Officer Jeff Larson.

A 7-month-old child in the van, Candy Carillo, suffered a fractured skull and was flown to UC Davis Medical Center in Sacramento. All of the passengers were sitting on the floor of the 2002 Ford van, which had no rear seats, according to the CHP.

Investigators were trying to learn Monday what the van and its Oakland occupants were doing in the area, said Larson.

Also undetermined is why Deniz’s car was in the wrong lane. There was no immediate evidence that either driver had been drinking. Results of a tests on Deniz’s blood will not arrive for weeks, said Larson.

An autopsy Monday morning showed Deniz died from a blunt force injury to the head, said Sutter County Sheriff’s Department spokeswoman Brenda Baker.

Deniz graduated from Yuba City High School in 2004.

A passenger in the Malibu, Marcelino Garcia, 21, who lives on Lincoln Road in Yuba City, was treated for minor injuries at Rideout Memorial Hospital.

Jiminez had a broken leg and was also taken to Rideout.

None of the van occupants were believed to have life-threatening injuries. The other van passengers and their injuries were: Jose Perez, 20, fractured spine; Pedro Perez, 39, fractured pelvis; Efrain Godinez, 35, fractured spine; Maribel Godinez, 23, facial lacerations; Robert Perry, 20, fractured femur; Pedro Martin, 44, injuries not listed; and Jorge Aguilar, 21, cranial bleeding.

Two other passengers, Adolfo Godinez, 18, and Jose Felix, 24, were not injured.

California Car Accident Attorney Website

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Oxnard California Driver arrested in Bicyclist’s Death.

Oxnard California Personal Injury and Wrongful Death Attorney LawyerMALIBU – California

 An Oxnard man was arrested in a hit-and-run accident after his truck allegedly struck and killed a father and injured his son cycling along Pacific Coast Highway in Malibu.

The incident occurred about 1:30 a.m. Sunday. Cyclist Rodrigo “Rod” Armas, 45, of Kern County, died at the scene, while his 14-year-old son was taken to UCLA Medical Center and was in stable condition with numerous broken bones, Los Angeles County authorities reported.

The two were riding east on the shoulder of the 34000 block of Pacific Coast Highway in Malibu.

Driver Robert Sam Sanchez, 30, drove about a mile south of the crash and ditched the truck, the Los Angeles County Sheriff’s Department reported. He was found a short distance away and arrested, still displaying symptoms of alcohol intoxication, authorities said.

He was being held Sunday night on $100,000 bail.

Sanchez is a records clerk for the city of Malibu and lives in Oxnard, according to Lt. Scott Chew of the Los Angeles County Sheriff’s Department Lost Hills station.

Authorities said the cyclists were on their way back to Malibu during the annual 200-mile Los Angeles Wheelmen “Grand Tour” event.

The bicycling event starts and ends in Malibu and wends through Ventura and Santa Barbara counties.

Armas was a Los Angeles County deputy probation officer. He is survived by his wife, Shelly, his 14-year-old son and two daughters, ages 9 and 12.

This accident is a horrible tragedy for the loved ones of the father who was killed, and his son who was terribly injured.

If your family has been the victim of a wrongful death, or personal injury, you may call our office 24 hours a day, 7 days a week at 800-816-1529 ext. 1.

Oxnard California Personal Injury and Wrongful Death Attorney Website.

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Illegal U Turn By Truck Causes a Fatal Car Accident.

fatal-car-accident-kills-18-year-oldCalifornia

The Santa Clara County Coroner’s Office has released the identity of the Turlock man killed in Thursday’s accident on Highway 152, while a California Highway Patrol spokeswoman noted how the involved big-rig driver had been making an illegal U-turn as the car with the victims approached at a high rate of speed.

The man killed was Simardeep Bhatia, 18, according to the coroner’s office. Earlier today, the CHP released identities of a man and woman who have survived the accident. The female driver of the 2006 Dodge Charger that slammed through a big-rig’s trailer was Gurvinder Chamal, 19, of Ceres, while the other passenger was Jasbir Singh, 18, of Hughson, said Matt Peters with the Hollister-Gilroy office of the CHP. Both remained in critical condition at Regional Medical Center of San Jose as of this morning, he said.

Bhatia’s sister spoke briefly today about the accident.

“I just really miss him,” Rinku Bhatia said. “I can’t believe that it happened. He was really a nice person. He was really friendly to everyone, and we love him a lot. And we just want everybody to pray for us.”

The truck driver, 57-year-old David Jones of Hayward, attempted an illegal U-turn, entered the dirt median with the vehicle’s front end and blocked the eastbound lanes with the trailer, CHP spokeswoman Erica Elias said. The driver of the Charger traveled at a “high rate of speed” and did not react quickly enough to avoid it and the car “collided into and drove underneath the semi-trailer,” Elias said.

The car’s roof “was completely sheared off,” Elias said. She said Calfire pronounced Bhatia dead upon arrival.

The truck driver was not immediately arrested or cited, Peters said at the accident scene.

This is a terrible accident that caused the wrongful death of an 18 year old passenger, and critical injuires to another passenger and driver.

If you or your family have been the victims of a wrongful death or car accident in California you may call our office for a free consultation 7 days a week, 24 hours per day at 800-816-1529 ext. 1.

California Car Accident and Wrongful Death Attorney.

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Edison power pole knocked over in Silverado Canyon; Injuries Sustained.

Orange County California Personal Injury AttorneySILVERADO CANYON – California

A traffic collision on Black Star Canyon Road just north of Silverado Canyon Road at 3:07 p.m. Saturday caused an Edison power pole to go down, according to the California Highway Patrol.

A truck carrying six people knocked over the pole, injuring multiple people in the vehicle.

An ambulance responded to the scene of the accident, along with Southern California Edison.

Though the accident itself didn’t disrupt power, an Edison spokesman said crews turned off power to 1,544 customers for about four minutes.

12 other customers remained without power as crews continued to work, though it remained unclear when power would return.

What is unclear is whether the driver was at fault in the accident, or that there was some other contributing factor in the accident. What is clear is that the passengers who were injured in the accident could assert personal injury claims against the drivers liability insurance.

If the driver of the truck was at fault, all of the passengers in the truck should be able to recover for their personal injuries from the truck drivers and/or owners liability insurance coverage. The injured parties should consult with a California Personal Injury Attorney as soon as possible.

If you, a friend, or a loved one have suffered a personal injury, or have been a passenger in a car or truck such as the one that collided in Siverado Canyon, and were injured, you may call us now for a free consultation at 800-816-1529 ext. 1. We will tell you over the phone if you have a good case. You may also submit your case online by clicking here now.

By Orange County California Personal Injury Attorey

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Inland Empire California Traffic mishaps have taken a deadly toll.

Inland Empire Wrongful Death Attorney, Inland Empire Personal Injury AttorneyInland Empire – California

At least six people have perished in a series of accidents in San Bernardino, Devore, Colton and near Hemet.

In the worst, a multi-car crash involving a hit-run driver killed three people on Highway 74 west of Hemet. The coroner identified the dead as 11-year-old Zaria Williams of San Jacinto, Cedric Page, 37 of Murrieta and Christine Giambra, 72, of Fountain Valley.

In San Bernardino, David Walters, 42, of Riverside was killed when a car made a left turn in front of his on Kendall Drive.

Near Devore, the California Highway Patrol says Victor Manuel Farias Jr., a 46 year-old resident of Apple Valley, was fatally hurt when ejected from a pickup truck that spun out on Interstate 15 early Wednesday.

In Colton, a motorcyclist was killed Wednesday when he skidded into the rear of another vehicle on Interstate 215 near the county line.

If you or your family have been the victims of  a personal injury or wrongful death you may call our office for a free consultation 24 hours a day, 7 days a week at 800-816-1529 ext. 1.

Inland Empire Wrongful Death Attorney

Inland Empire Personal Injury Attorney

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Pedestrian hit when truck swerves off road.

Valley Center California Pedestrian accident atorneyVALLEY CENTER , California

A 30-year-old man was flown to a local hospital with major injuries after he was hit by a truck that swerved off the road Tuesday morning, authorities said.

The incident took place shortly before 10:15 a.m. on Cole Grade Road just south of Cool Valley Road, about five miles north of Valley Center, according to the California Highway Patrol.

The truck also hit a light pole after driving off the road, CHP Officer Larry Chase said. The driver, a man whose name and city of residence were not available, was arrested, the officer said. He faces charges including reckless driving causing bodily injury and driving while intoxicated, Chase said.

The injured man was in critical condition at a local hospital Tuesday afternoon, Chase said. Additional information about the victim was not available.

I sincerly hope that the man that was hit recovers from this horrendous accident. If he does he will have one hell of a personal injury case against the man that hit him.

Valley Center California Pedestrian Accident Attorney

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Off Road Motorcycle, Dirt Bikes, Dune Buggies, Golf Cart, Snowmobiles, and ATV (standard, sport and utility) Insurance and Safety; Some Important Tips.

California Personal Injury Attorney Norman Gregory Fernandez discusses Off Road vehicle insurance and safetyI was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead. Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up. For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice. Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more. Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads. Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp. Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out. Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone. Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected.  Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

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

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The Importance of Keeping Your Liability Insurance Even in Tough Economic Times.

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic timesMy office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

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Memorial Day 2009; Remember Those Who Have Given Their Lives So That We May Be Free.

Today, Memorial Day, is a holiday wherein we Americans pay tribute to those who what fallen in the service of the United States of America.

Today is more than a paid holiday off of work; it is more than a day to drink beer and have a picnic; it is more than a shopping day for sales at your local mall; it is supposed to be a solemn day of tribute and remembrance of those who have given their lives in the service of the United States of America.

As I write this in the year 2009, young Americans are still at war and fighting and dying in Iraq and Afghanistan, may god bless them and keep them safe.

I know it is very easy to worry about the economy, home foreclosures, raising gas prices, love, job, or lack thereof, you favorite TV show, the NBA playoffs, etc. However, remember this, young Americans, the best and the brightest, are now at this time on this very day, giving their all for all of our freedom.

Take a moment today to pray for them, take some time today to give silence as tribute for them, and above all, look at something beautiful today for them, those blessed souls who gave their lives for us, for they can no longer see.

By Norman Gregory Fernandez, Esq., © 2009

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Los Angeles County Superior Court to Close one Day Per Month!

California Personal Injury LawyerI am going to post the actual news release from the Los Angeles Superior Court, and then write some comments below. Here is the news release:

NEWS
RELEASE
FOR IMMEDIATE RELEASE
Tuesday, May 19, 2009
Responding to Fiscal Emergency, Los Angeles Superior Court to Close One Day Per Month Action Takes Effect Wednesday, July 15, 2009 Some Limited Services To Be Maintained

Los Angeles Superior Court
Los Angeles County
www.lasuperiorcourt.org
Contact: Public Information Office 213-974-5227
Public Information Officer: Allan Parachini

Responding to the deepening statewide financial crisis, the Los Angeles Superior Court announced today that it will shut down nearly all of its operations and furlough employees one Wednesday per month, beginning July 15, 2009.

Implementation of the furlough plan, however, may not be enough to avert employee layoffs and, eventually, closure of entire courthouses if the budget climate does not improve markedly by the beginning of the 2011-2012 fiscal year. The one-day per month Court closure is expected to save $18 million per year.

The Court faces an estimated budget shortfall of nearly $90 million for the coming fiscal year—nearly double the amount in the most recent budget crisis that erupted in 2002, which ultimately resulted in closure of 29 courtrooms and layoffs of more than 150 employees.

Under a plan approved last week by the Court’s judicial leadership, if the fiscal situation continues to deteriorate, the jobs of a quarter of the Court’s 5,400 employees could be eliminated within the next four years. There would be reductions in courthouses and courtrooms in operation throughout the county.

“We face a serious crisis with immediate impacts that can be blunted, but not avoided,” said Presiding Judge Charles W. (Tim) McCoy. “We learned from our experiences of 2002 through 2004. Over the intervening years, we have accumulated modest reserves that will enable us to soften the pain of these cuts for at least the first year of the new crisis. Unfortunately, we anticipate this difficult budget environment will remain with us for four years.

“We cannot allow denial, false hope or wishful thinking to cause us to drift through the crisis. We should expect things will grow increasingly difficult before they begin to get better. We must, and will, remain masters of our own destiny to the extent possible.”

“The public must realize that the state’s fiscal situation means we cannot actually solve the budget crisis we face” said John A. Clarke, the Court’s executive officer/clerk. “The best we can do is to minimize the pain these cuts will inflict. No one—most of all the Court—is happy about this.” McCoy noted that today’s announcement of the effective closure of the entire court one day a month comes on an Election Day on which voters are deciding the fates of six budget-related ballot propositions.

“Even if all of these measures pass, there would be no discernable, immediate improvement in the Court budget situation,” McCoy said. “We know that reducing and eliminating court services will cause all of our stakeholders—from customers with traffic tickets to lawyers with court dates—great inconvenience. Our objective is to give these constituencies as much time as possible to prepare for the furlough program when it begins on July 15. We know that every day of advance warning of these closures is important to our customers.”

State court leaders are also considering one-day-per-month furloughs and other steps to respond to the financial crisis. McCoy noted that the Los Angeles Superior Court plan is being implemented even though the Judicial Council of California has not yet announced any statewide court closure or furlough plan. “We are the largest and most complex court system in the United States,” McCoy said. “You cannot suddenly bring a system like ours to a halt. This must be orderly and planned and that takes time.”

Details of the Los Angeles Superior Court closure/furlough program include these:
–The court system will close on the third Wednesday of each month, affecting about 600 courtrooms and bench officers and more than 5,000 employees who work in 50 separate courthouse facilities.

–While most courthouses will be closed, some courthouses will necessarily continue to be open, with full security protection to serve the needs of county agencies like the District Attorney, Public Defender, Alternate Public Defender, Probation Department, City Attorney and Child Support Services Department, whose operations are located inside courthouses and are unaffected by the furlough. A few courthouses also house offices of the Los Angeles County Registrar/Recorder, which will also be unaffected. These non-court operations see thousands of customers per day and employ hundreds of people.

–Clerk’s offices, juror services and nearly all courtrooms will be shut down. Drop boxes will be in place to serve customers wishing to file court papers. –Judges will work, beginning today, on adjusting their calendars to postpone or move all scheduled court dates on affected Wednesdays for the entire fiscal year.

–A few designated courtrooms will also be available to handle emergency matters. –The limited number of employees required to work on closure days will be furloughed on other days.

–Supplementing these steps, the Court has imposed a so-called system-wide “hard”—or mandatory—hiring freeze.
–The Court will make $16 million in other ongoing expenditure reductions, largely by cutting services and supplies, restricting travel and other means.

Today’s announcement responds to a fiscal analysis that projects Court deficits in Los Angeles to total $89.9 million in FY 2009-10, rising to $118.3 million in FY 2012-13. These shortfalls amount to about 10 percent of the Court’s operating budget of more than $900 million per year.

Because nearly half of the Court’s funding is for specific statutory purposes, discretion in how and where to make cuts is very limited. Nearly 86 percent of the Court budget is for personnel. If the current situation remains unchanged, by the end of FY 2012-13, as many as 1,300 jobs—or 25 percent of the workforce—could be eliminated. Should that occur, entire courthouses would have to be closed and Court services massively scaled back.

McCoy emphasized, however, that no specific decisions about facility closures have been made—either in terms of timing or when such shutdowns might occur. Such drastic steps are unlikely to become necessary in FY 2009-10, but could have to be addressed as soon as sometime in late FY 2010-11 or early in the following fiscal year.

Although the Court anticipates beginning the 2009-2010 fiscal year with as much as $90 million in reserves, the overall fiscal plan must spread use of this money over an expected four-year crisis period. Depleting the surplus quickly might avert some immediate effects of the crisis, but future years would see even more dire cuts. The bulk of the reserve balance will, however, be utilized in the first two years in an effort to limit adverse impacts on the court system beyond those presently contemplated and, at the end of two years, leaving the court with a small annual balance and a far more adverse situation likely ahead.

Additional details of the closure plan will be posted on Court’s Web site, www.lasuperiorcourt.org. This information will be updated continuously. Customers should continue to check the Web site regularly for new postings.
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OP Ed Begins Here: I must say that this is a very bad situation. The Los Angeles Superior Court is the largest and most complex Court system in the nation. This could be the beginning of some very bad times if things do not change fast. One day a month does not sound like much, but as a California Attorney, I can tell you that this will delay cases for significant amounts of time, especially civil cases. I hope a solution can be found to this soon!

By California Personal Injury Attorney Norman Gregory Fernandez, Esq.

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I  will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2009

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Suzuki Issues Urgent Recall For GSX-R1000 Motorcycles

Product Liability Attorney Norman Gregory Fernandez discusses the urgent recall of Suzuki GSX-R1000 motorcycles.Chatsworth, California –

American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.

This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.

The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.

Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.

However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!

If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.

A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.

Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!

Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.

If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.

If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

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Federal Hearing Regarding Chatsworth California Metrolink Disaster Confirms Engineer Warned About Cell Phone Use!

NTSB federal panel hears Connex Railroad testimony about fatal Chatsworth, California Metrolink train crash.

Los Angeles, CA

The National Transportation and Safety Board (NTSB) www.ntsb.gov heard testimony in Washington D.C., on Tuesday, regarding the conduct of the engineer who died while operating the fatal Chatsworth Metrolink commuter train crash.

Robert M. Sanchez was the engineer, who was operating the train September 12, 2008, when he allegedly ran a red signal light and crashed into a Union Pacific freight train killing himself, 24 passengers, and injuring 135 as reported by the Los Angeles Time.

The NTSB panel heard testimony in Washington D.C. from Rick Dahl, a supervisor with Connex Railroad. The Los Angeles County Metropolitan Transit Authority “Metrolink commuter rail,” contracts their train operators and workers from Connex Railroad.

Dahl testified he had warned Sanchez on two separate occasions about violating railroad policy regarding cell phone use. It is a serious violation for train engineers to use their cell phones while operating a moving train. The supervisor also testified Sanchez’s phone was found in his bag in 2006, but he was not observed by supervisors using the phone.

Shortly before the Chatsworth California accident, Dahl warned Sanchez, a second time, after a conductor reported seeing Sanchez using the cell phone while at work.

The testimony remains confusing because there have been contradictory reports from four witnesses and the surviving Metrolink conductor about the color of the rail signal. They all claim, the rail signal was green and not red when the train failed to switch lines. The federal panel remains hearing testimony and the investigation is ongoing.

Chatsworth California Metrolink Train Accident Attorney

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