Category Archives: Wrongful Death

To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

Written on February 10, 2011 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Medical Malpractice, medical treatment, Motorcycle Accidents, Off Road Vehicle Accidents, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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

Written on September 15, 2010 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Intentional Torts, Liability in Personal Injury Cases, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
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

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8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

Written on August 17, 2010 by in California Law, Damages, Editorial, News, Off Road Vehicle Accidents, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Truck Accidents, Wrongful Death

Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.

I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.

You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.

[youtube]http://www.youtube.com/watch?v=3qkS8DwzqDY[/youtube]

I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.

I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.

As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.

They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.

They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.

Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.

If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.

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

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6 People killed in Greyhound Bus Accident near Fresno.

Written on July 22, 2010 by in Bus Accidents, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, SUV Accident, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death
Fresno Greyhound Bus Accident

Scene of horrific Greyound Bus Accident

FRESNO, Calif. — A Greyhound bus carrying 47 people and traveling to Sacramento from Los Angeles crashed on a highway in California’s Central Valley on Thursday, killing six and injuring many others.

California Highway Patrol Officer Michelle Sigmond said the bus driver swerved to try to avoid another crash involving an overturned SUV and slammed into a concrete center divider and then struck another vehicle shortly after 2 a.m. just outside downtown Fresno. The bus went down an embankment, hit a eucalyptus tree and came to rest on a freeway off-ramp with its front end smashed and tree branches jutting into the vehicle.

Twisted pieces of metal, broken glass and torn clothing littered the ground around the accident scene.

Arlen Snider, who had been traveling from Phoenix to Sacramento to visit his mother, said he was asleep in the middle section of the bus when the crash occurred. She awoke to the smell of smoke and injured passengers all around her.

“I woke up on the floor of the bus and started helping people off the bus,” Snider, who escaped uninjured, said after arriving in Sacramento’s bus terminal Thursday morning.

In addition to the six dead – four women and two men, including the driver – several people were hurt with injuries that ranged from critical to bruises and cuts, said CHP Officer Kirk Arnold.

It’s unclear if all of the fatalities were on the bus.

“I had just woke up and I heard a boom once, and a boom again and the next thing I know we were down this embankment,” Linda Gee, a passenger on the bus, told KMPH-TV in Fresno.

“I’m alive and I thank god I’m alive,” she said. “There was just bleeding everywhere.”

The bus departed Los Angeles late Wednesday and stopped in Fresno before continuing on its route to Sacramento. It was on its way to Madera for one of about eight scheduled stops when the crash occurred, according to Greyhound spokeswoman Bonnie Bastian.

A relief bus was sent to take nine passengers who wanted to continue on to their destinations.

Northbound lanes of Highway 99, a major route through the San Joaquin Valley, have been closed since the crash.

Fresno Bus Accident Attorney Website

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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

Written on July 12, 2010 by in Car Accidents, Crime, Damages, Drunk Driving, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death
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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Two People are Dead in Agoura Hills Car – Truck Accident

Written on July 2, 2010 by in Big Rig Truck Accident, Car Accidents, Editorial, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

Deadly Agoura Hills Accident on 101 Freeway on July 2, 2010AGOURA HILLS, California ― Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

The California Highway Patrol says the pre-dawn crash shut down northbound lanes for about an hour.

Southbound traffic was halted briefly while a helicopter landed on the highway to airlifted the injured person to a hospital.

Television helicopter cameras showed the wreckage of a silver car wedged underneath the rear of the big-rig trailer, which was apparently parked on the shoulder at the time of the crash.

The 4:40 a.m. crash occurred just past the Kanan Road exit near Reyes Adobe Road, backing up morning commuter traffic and holiday getaway travelers getting an early start for the Fourth of July weekend.

Agoura Hills Car Accident Attorney and Agoura Hills Wrongful Death Attorney Website

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A Fatal Napa Valley Accident Tied to Speeding

Written on June 6, 2010 by in Big Rig Truck Accident, California Law, Car Accidents, Crime, Editorial, Liability in Personal Injury Cases, News, Other Motor Vehicle Accidents, Personal Injury, SUV Accident, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

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

Written on May 23, 2010 by in Car Accidents, Crime, Drunk Driving, Editorial, Liability in Personal Injury Cases, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

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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Three Whittier California children killed in morning crash on the 5 Freeway

Written on April 13, 2010 by in Car Accidents, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

5 people killed in santa clarita / newhallSANTA CLARITA – Newhall,  California

Three of five people killed in a chain-reaction crash on the southbound 5 Freeway near the 14 freeway, early Monday were local children, authorities said.

Cynthia J. Hernandez, 9, Edgar A. Hernandez, 8, and Xochitl M. Hernandez, 5, all of Whittier, were killed after the car they were riding in collided with an overturned pickup truck at 12:14 a.m. on the southbound 5 just before the Balboa Boulevard exit, said California Highway Patrol Officer Jon Lutz.

Their cousin, Luis Villegas, 12, of Oakland was also killed.

The back of the Nissan the children were riding in caved in when the car was then rear ended by a Chevrolet Suburban, Lutz said. No one in the SUV was seriously injured.

The children’s mother, who is in her 30s, survived and was taken to an area hospital in critical condition. Another man in his 20s was also in the car and was taken to the hospital in critical condition, Lutz said.

John Blackburn, 54, of Frazier Park, who was the driver of the pickup truck that triggered the accident when it hit the center divider, spun out of control and overturned, was killed.

If you our your family has been injured in a car accident call us for a free consultation at 800-816-1529 x. 1.

Santa Clarita Car Accident Attorney and Wrongful Death Attorney Website

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Fiery crash in Winters California kills one Person

Written on April 3, 2010 by in Car Accidents, News, Personal Injury, Wrongful Death

Fatal Car Crash in Winters CaliforniaThe California Highway Patrol is attempting to ascertain the identity of a motorist killed early Friday in a fiery car crash near Winters.

A CHP spokesman said the exact time and circumstances of the crash remain under investigation and, due to the fire that engulfed the car shortly after the early morning collision, neither the identity, sex or age of the driver could be confirmed.

Officer Marvin Williford said the crash occurred sometime before 6 a.m., when the car, a Mercedes-Benz, was traveling north along Winters Road south of Putah Creek Road. It apparently swerved out of control across the southbound lanes of the narrow rural roadway and ran off the pavement and into an orchard.

Traveling at an unknown rate of speed, the car slid sideways, sheered off a large walnut tree, then caught fire.

The smoldering wreckage wasn’t discovered until about 6 a.m. when a local laborer reported the crash. When firefighters arrived, they found the fire was out and the car had been reduced to a charred shell. One occupant was found in the wreckage.

Because of the extensive damage to the Mercedes sedan caused by crash impact and the fire, CHP investigators were not immediately able to determine the exact year, model or registration of the car. The most accessible vehicle identification numbers of the car also were obliterated.

On Friday night, the Solano County Coroner’s Office said the victim is believed to be a male, but other identifying information is pending further investigation.

Anyone with information about the crash can contact the Solano area office of the CHP in Fairfield at 428-2100.

Winters, California and Fairfield, California Car Accident Attorney

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EMT assisting at accident scene struck and killed by vehicle

Written on April 2, 2010 by in Car Accidents, News, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Workers Compensation, Wrongful Death

Fatal Accident Victim Esteban BahenaOne accident turned into a second deadly accident Thursday morning on rain-soaked SR 163 just south of Robinson Ave.

According to authorities, an emergency medical technician with San Diego Medical Services who was responding to an accident was struck and killed by a car.

Law enforcement said Esteban Bahena and his partner stopped to help a stranded driver on northbound SR-163 at around 7 a.m. While they were there, an accident happened in the same stretch of highway when a pickup truck and a Toyota Scion collided.

Bahena reportedly crossed the freeway to set up flares to let oncoming drivers know about that accident when he was hit by a Chrysler Sebring.

Bahena’s partner began CPR and after a nearby fire crew stopped to help, they loaded Bahena up and took him to Mercy Hospital in his own ambulance. He was pronounced dead at 8:32 a.m.

According to the California Highway Patrol, a fifth car might have been involved due to the fact the Sebring has rear end damage with blue paint left on the bumper. Officers say a blue car may have struck the Sebring but left the scene.

Bahena, who had been with the city as an EMT for two years, was the first EMT or paramedic to be killed in the line of duty in the company’s 13-year history as the city’s paramedic provider.

The driver of the Sebring was transported to UCSD Hospital in serious condition.

San Diego Car Accident Attorney and Wrongful Death Lawyer

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3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.

Written on March 25, 2010 by in Motorcycle Accidents, News, Personal Injury, Truck Accidents, Wrongful Death

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.PHOENIX — Arizona

A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.

The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.

The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.

There was no sign the truck driver was impaired.

Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.

“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.

Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.

The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.

Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.

“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.

Dozens of police and rescue personnel responded to the crash.

Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.

The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.

The Carefree Highway was expected to be closed for several hours as police investigate the crash.

Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.

You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.

This accident is absolutely atrocious and horrible.

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, 2010

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

Written on March 23, 2010 by in Car Accidents, Editorial, Liability in Personal Injury Cases, News, Personal Injury, Train Accidents, Workers Compensation, Wrongful Death

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

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

Written on January 25, 2010 by in Car Accidents, Crime, Damages, Editorial, News, Personal Injury, Vehicle Passenger Accidents, Wrongful Death

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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Deadly crash Involving an 11 year old driver- Why was he driving?

Written on January 15, 2010 by in Car Accidents, Editorial, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

11 Year Old Jose Silva Dies in Car AccidentThree lives were lost when 11-year-old José Silva ran a stop sign at the intersection of Avenue 152 and Road 168 near Woodville, California.

A truck headed south on Road 168 didn’t have enough time to stop and collided with Silva’s vehicle.

Silva died at the scene along with his mother, Maria Covarrubias, and José’s seven-year old sister Elizabeth Silva.

Both daughter and mother were ejected from the vehicle. Another passenger suffered major injuries. The driver of the truck suffered minor injuries.

“Devastated…I know the mother and her two sons and daughter very well so it’s quite traumatic,” said school superintendent Dr. Donereia Bradley.

Bradley has been close with the family for years.

She says both kids were good in school and never missed a day.

Bradley along with others can’t understand why the boy was driving.

“I would have never thought that would have been the case. I’m stunned. I have no words,” said Bradley. “I was in shock. I was like how did it happen?”

Veronica Rodriguez drove to the family’s home after she heard about the accident.

She says the 30-year-old mother leaves behind a 12-year-old son who stayed home last night.

Why would a mother allow her 11 year old son to drive? Under no circumstances whatsoever should you ever allow an 11 year old to operate a car or truck.

Woodville California Car Accident Attorney

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