Category Archives: Liability in Personal Injury Cases

Infant Ejected in Rollover Crash

Scene of Rollover Crash in Phelan, California

Scene of Rollover Crash in Phelan, California

PHELAN - California

A 6-month-old infant who was not strapped into a car seat was thrown from a vehicle Monday morning during a rollover crash, California Highway Patrol officials said.

The baby was transported to Loma Linda University Medical Center. No details on the child’s condition were available.

A 13-year-old boy and 8-year-old girl who also weren’t wearing seat belts suffered minor injuries in the crash, as did the female driver of the vehicle. The driver was also taken to Loma Linda hospital for treatment.

At about 7:30 a.m., CHP officials received calls of a rollover on Johnson Road just north of Palmdale Road, according to Officer Matt Hunt.

When they arrived, they found the female driver holding the infant who had been thrown from the 2002 Dodge Ram pickup truck, Hunt said. The two older children were also outside of the vehicle.

According to an initial investigation, the 41-year-old woman was driving the truck south along Johnson Road toward Palmdale Road when she said she saw a dog in the road. She swerved to avoid striking the animal, causing the truck to roll over onto its roof.

“As it overturned, the infant was ejected from the vehicle,” Hunt said.

The incident is still under investigation and Hunt said no arrests had been made as of Monday afternoon. However, Hunt reminded drivers that anyone traveling with small children should always use a properly installed car seat and seat belts.

“Not only is it the law but it’s always the safest way to travel,” he said. “Anyone who may have problems with (car seats) can go to any CHP station to have assistance with properly installing them into their vehicle.”

Anyone with information on the crash is asked to contact Hunt in the Victorville CHP office at (760) 241-1186.

This is an example of what I would consider to be endangering children.

There is absolutely no excuse for not having children in your car wearing seatbelts, or not having a 6 month old infant strapped into a proper child seat.

I am sure the mother who was driving the car feels terrible; however, she could have got all 3 of her children killed just because she did not take a little extra time to strap them in with seatbelts and child seats.

Even if you are going just around the corner, make sure your children are properly buckled in.

Phelan and Victorville California Car and SUV Accident Attorney Website

Share

Motorcycle passenger killed in Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

MODESTO – California

A woman died Saturday after the motorcycle on which she was a passenger collided with a car on McHenry Avenue in north Modesto, police said.

The 52-year-old Modesto woman suffered critical injuries and was taken to Doctors Medical Center, where she was pronounced dead, said Sgt. Brian Findlen of the Modesto police Traffic Unit.

She was a passenger on a 1995 Harley-Davidson motorcycle. Authorities did not release the woman’s name because her family had not been notified.

The crash occurred shortly after 8 a.m. on McHenry at Meily Way, just north of Union Avenue, near the Wal-Mart shopping center.

A 52-year-old Modesto man was driving the motorcycle on McHenry in the left northbound lane. An 87-year-old woman was driving a white 1997 Toyota Corolla heading west on Meily, apparently attempting to make a left turn onto southbound McHenry.

Car’s driver was uninjured

Findlen said the Toyota pulled into the path of the motorcycle. The motorcycle driver apparently tried to avoid the collision but lost control and struck the car, Findlen said.

The vehicles came to rest in the middle of McHenry. The Toyota driver did not suffer any injuries.

Findlen said the motorcycle driver appeared to have suffered a fractured leg and a back injury. He was taken to Memorial Medical Center. His injuries did not appear to be life-threatening.

Police did not release the names of the drivers Saturday. Findlen said it did not appear that alcohol or drugs were a factor in the crash.

He said police had not determined who was at fault in the crash. Traffic was slowed while officers investigated the crash site for about two hours, but the road was not closed.

Findlen said it appears the motorcycle driver and his passenger were wearing helmets, but police had not determined whether they were wearing them properly.

As the weather gets warmer, Findlen said it’s more likely that motorcyclists will be on the road. That’s why, he said, it’s important for drivers and passengers to properly wear all the necessary safety gear, including a helmet.

It’s just as important for other drivers to keep an eye out for motorcyclists, Findlen said. Many drivers are conditioned to look only for cars, pickups and other vehicles, failing to spot motorcycles on the road.

“Expect the unexpected and drive defensively,” Findlen said.

It appears to me that the 87 year old woman who turned left in front of the motorcycle is at fault in this accident.

If you or your family has been injured in Modesto, or 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

Modesto California Motorcycle Accident Attorney

Share

When a Bad Road Causes a Car or Motorcycle Accident in California.

Dangerous and Defective Roads Kill and Injure Many People Each Year

Dangerous and Defective Roads Kill and Injure Many People Each Year

Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.

I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.

Some of these types of cases are utterly devastating to the victims.

I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.

The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.

If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.

If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.

If they do not reject the claim, you have 2 years to sue from the date of the accident.

If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.

Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.

I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © March 9, 2011

Share

I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

Yes you read the headline of this article correctly; I am sick and tired of ambulance chasers who give ethical personal injury attorneys such as me, a bad name.

An ambulance chaser has been defined by an online dictionary as:

“A lawyer or entrepreneur who hurries to the scene of an accident to try to get the business of any injured persons.”

First of all let me tell all of you something right now, lawyers or their representatives are prohibited from soliciting your business at the scene of an accident in the State of California.

Any attorney who engages in such conduct can face disciplinary proceedings.

If someone is coming up to you at the scene of an accident and recommending an attorney to you; chances are they are engaging in prohibited conduct.

You should never select an attorney based upon a solicitation at the scene of an accident, at your doctor’s office, by the tow truck driver, by a body shop, etc.

Always select someone based upon your own research.

My good friend who is an ex NICB agent, and who now runs an investigative corporation, has told me stories of unethical attorneys illegally paying runners, cappers, doctors, tow truck drivers, body shops, to refer cases to them.

He has also told me stories of personal injury attorneys who are in illegal partnerships with non attorneys to get business.

No attorney can fee share or be in a partnership with a non attorney to get your business.

To be frank, I am absolutely shocked to hear such stories. It is beyond my belief that some unethical attorneys are engaging in such behavior. It is to be frank, despicable.

For attorneys such as me who play by the rules, it is outrageous to think of the poor victims of this type of illegal activity.

Going one step further, you may have recently heard about the explosion in San Bruno and the horrible aftermath.

Sure enough, there are some bottom feeder law firms putting out press releases trying to scavenge business from those poor souls in San Bruno.

Historically in the State of California, attorney advertising was prohibited. In the last several decades attorneys have been allowed to advertise. Some have taken it too far.

I am not against attorneys being allowed to advertise, but I am against what I consider to be ambulance chasing in advertising.

The same thing happened after the Chatsworth Metrorail crash, and many other disasters.

As for me, I am no ambulance chaser. I do not need to be because I am good at what I do.

All of my past and present clients know this to be true. To be good at what you do, you need to actually care about your clients, and get them the money that they deserve.

Ask yourself a question; have you ever heard any other personal injury attorney discussing the topic of this article? Heck No. Do you wonder why? It is the dirty little secret that no one wants to talk about.

Well I am talking about it.

I would like to hear any comments you have. You may comment by clicking the comment link below.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 15, 2010

Share

7 people are hit in a Crosswalk in Livermore California by Student Driver

Pedestrian AccidentA woman who was among a group of pedestrians struck by a student driver while crossing a street in Livermore on Saturday underwent more surgery Monday to repair two broken legs, a Livermore police collision investigator said.

Both of the woman’s legs were broken in the crash, and she is expected to be in a wheelchair for at least two months, Officer David Boyes said.

Six other pedestrians were hit as well, and one of them also sustained a broken leg. The others suffered more minor injuries, Boyes said.

The crash happened shortly before 8 p.m. at the intersection of Vallecitos and Wetmore roads.

Investigators determined that Livermore resident Farhat Mohammad, 20, had been driving a Honda Civic west on Wetmore Road when she turned left onto Vallecitos Road and struck the seven pedestrians.

The pedestrians, all adults, were in a marked crosswalk when they were hit, police said.

One person was taken by helicopter to John Muir Medical Center and two were transported by ground ambulance to Eden Medical Center.

Everyone but the woman with the two broken legs has been released from the hospital.

Mohammad had a valid drivers permit and was accompanied by a licensed driver at the time of the crash, police said.

Boyes said there was no indication that drugs or alcohol were involved.

As of this afternoon, she had not been charged with any crime, and the case was still under investigation.

 Livermore California Pedestrian Accident Attorney Website

Share

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

Share

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

Share

Another Fatal Metrolink Accident, 1 killed, 3 injured as train hits truck east of Los Angeles.

Metrolink commuter train crash in Los AngelesLOS ANGELES — California

A Metrolink commuter train hit a maintenence truck parked on a set of railroad tracks in the San Gabriel Valley on Saturday, killing a railroad worker who was sitting in the truck and leaving three train passengers with minor injuries, authorities said.

The person killed was an employee of the Union Pacific Railroad who had been doing maintenance work with a crew on freight tracks, said Metrolink spokesman Francisco Oaxaca. The area where the collision occurred is a mix of Union Pacific tracks and tracks maintained by Metrolink.

When the commuter train hit the Union Pacific Railroad maintenance truck at about 9:20 a.m., it was on Metrolink tracks, traveling east of Los Angeles along the border of the city of Industry and the unincorporated community of Bassett.

Authorities said there were many reasons why the worker would be in the area, but investigators were trying to determine why the truck was on the tracks. They do not believe it was suicide.

“There is nothing to indicate that this person intended to be struck by the train,” Oaxaca said.

Union Pacific spokeswoman Lupe Valdez said the crash “appears to be an accident.

Three Metrolink passengers were taken to the hospital with minor injuries, said Metrolink spokeswoman Angie Starr. An engineer and conductor, two sheriff’s officials and 138 passengers were on board the train, Oaxaca said.

There was only minor damage to the train, which was led by a locomotive with another engine behind it.

Valdez said the employee has worked for Union Pacific for about 30 years. His name has not yet been released.

In recent years Metrolink has experienced several major crashes.

In December, a commuter train from the Southern California agency struck a pickup truck that drove into its path, injuring six people.

In 2008, 25 people were killed when a Metrolink train collided with a freight train. Investigators believe the Metrolink engineer ran a red light seconds after he was text messaging on his cell phone.

In 2005, 11 people died and about 180 were injured when a man who later claimed he was suicidal parked his sport utility vehicle on the tracks in suburban Glendale. The driver of the SUV was convicted of murder.

California Train Accident Attorney and Metrolink Accident Lawyer Website

Share

A Bus hits and kills Horse in Morgan Hill, CA

horse killed by valley transit authority busA Valley Transit Authority bus carrying 18 passengers collided with a horse in a north Morgan Hill residential neighborhood about 7 p.m. Thursday, according to the California Highway Patrol. The horse did not immediately die, which made for a horrific scene as it flailed around for about 45 minutes until animal control officers arrived with a lethal injection.

California Highway Patrol officers arrived at the scene on Hale Avenue south of Kalana Avenue and determined it was unsafe to shoot the horse to put it out of its misery, according to the California Highway Patrol. They immediately called animal control and tri-county officers arrived before 8 p.m.

“Usually we do, however it was very close to a residential area,” CHP officer Jaime Rios said. “We didn’t feel that it would be safe at the time.”

He said if an animal is suffering and it’s on a freeway or in a rural area, officers will euthanize it. Rios said passengers did not see the horse once it was hit and suffering.

Rios said the bus on southbound line 68 was traveling about 40 mph when it struck the horse.

VTA spokesperson Jennie Hwang Loft said the horse ran loose from a group of horses in a pasture when it ran in front of the bus. She said the bus driver suffered minor injuries.

A VTA bus stop is located at Hale and Kalana avenues, but authorities are unsure how near it was to where the accident occurred. The roadway was closed for about 90 minutes and the bus was eventually towed away. The horse was taken away by tri-county officers. Passengers were eventually picked up by another VTA bus and taken to their destination.

No passengers reported any injuries, but the bus sustained extensive damage, according to the VTA. Rios said no drugs or alcohol were involved.

Authorities are still working to locate the owner of the horse and plan to contact neighbors today. There will not be any criminal charges filed because no passengers were injured. Rios said he can’t say if there would be any civil charges filed.

A man who drove by the incident, but did not want to be identified, said the horse was laying in the middle of the street, flopping around.

“I’ve seen a lot, but that was pretty brutal,” he said.

All animal owners in California are strictly liable for the acts of their animals. If any of the bus passengers, or the bus driver was injured in this crash, the animal owner would be liable for their injuries because they failed to contain their animal, and let it get loose.

All California animal owners must ensure that their animals are not let loose and are contained. Had the owner of the horse not let the horse get loose this potentially devastating accident woudl not have happened, and the horse would still be alive.

 Morgan Hill Bus Accident Attorney

Share