Category Archives: Wrongful Death

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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5 French tourists killed, dozens injured in central California tour bus crash

California Bus Accident Injury Attorney LawyerSOLEDAD, CALIFORNIA

Luggage and bodies were left strewn around a central California highway after a bus carrying French tourists overturned on an overpass, killing at least five and injuring dozens.

Investigators were still trying to determine the cause of the crash Tuesday afternoon that shut down U.S. 101 for hours, but said the tour bus appeared to be the only vehicle involved.

The maroon Orion Pacific bus lay on its side after crashing into the guard rail on the two-lane southbound overpass in Soledad, about 100 miles southeast of San Francisco.

The crash ejected four passengers from the vehicle, sending one over the side of the road and onto railroad tracks 60 to 70 feet below, said California Highway Patrol spokesman Brian Wiest.

“It’s a tragedy,” Wiest said. “It’s certainly one of worst I’ve seen in a long time.”

The passenger that fell to the railroad tracks and two others died at the scene, said Maia Carroll, a spokeswoman for the Monterey County Office of Emergency Services. Two more passengers died at hospitals.

A total of 36 people had been on board, including 34 French tourists, one Canadian tour guide and an American driver, Wiest said.

Four of those injured were under the age of 18, including a 13-year-old girl who was one of seven patients airlifted to hospitals in Fresno and the San Francisco Bay Area. The driver was among those who survived the crash, according to the CHP.

Jacques de Noray, a spokesman for the French consulate in San Francisco, said authorities had notified his office that the crash involved French citizens, but said he had no further details. Officials from the consulate reached the scene of the crash late Tuesday.

The tour, which started in San Francisco, was en route to Southern California, where the tourists were due to fly out of Los Angeles back to France, Wiest said. The group had been in the U.S. since April 19 and made stops Tuesday in Monterey and Carmel before the crash, authorities said.

A person who answered the phone at Orion Pacific, which describes itself as a family owned, luxury charter coach company based in Orange, said no one was available for comment. It was not immediately clear who had chartered the bus that crashed in Soledad.

The highway was temporarily shut down in both directions; northbound lanes reopened a couple hours later, and it was unclear when southbound lanes would reopen.

Adrienne Laurent, a spokeswoman for the Salinas Valley Memorial Hospital, said the facility had received three patients from the crash. She said one of those patients, a 52-year-old man, was declared dead there.

Patients also were being treated at eight other hospitals.

The Red Cross was helping coordinate housing and other services Tuesday night for three families who survived the crash and were released from hospitals, said Paula Herrera, executive director of the Monterey-San Benito chapter.

CHP spokeswoman Fran Clader in Sacramento could not comment on Orion Pacific’s safety record pending the accident investigation. The company has been operating since 1985, according to its Web site.

This is a horrible tragedy. If you are a victim or a relative of any of the victims in this horrible crash you may call our 7 day a week, 24 hour a day accident hotline at 800-816-1529 ext. 1 for a free consultation. We can work you in this case even if you reside in France or another nation or State.

California Bus Accident Hotline Website

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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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2 Killed In Car Crash On I-5 near Sacramento, California

Sacramento California car accident atorneySACRAMENTO, Calif. — The California Highway Patrol said two men died after one driver crossed a center divider and struck another vehicle traveling in the opposite direction.

Authorities said 38-year-old Albert Hu’s Toyota Camry crossed the divider on Interstate 5 at about 10:15 p.m. on Friday night near Sacramento.

His car hit a Honda Accord driven by 30-year-old Juan Carlos Reyes-Torres.

Both men died in the collision, and a passenger in Reyes-Torres’ car suffered minor injuries.

The CHP said witnesses reported that Hu’s car was driving recklessly before the crash, and authorities have not ruled out drugs or alcohol as a cause.

Sacramento Car Accident Attorney

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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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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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Ventura, California Woman Impaled During Car Accident Dies

Ventura California Car Accident LawyerVENTURA, California —

The Ventura County Medical Examiner’s office says a Ventura woman impaled by a metal pole after a dramatic car accident died from her injuries.

Armando Chavez, a senior deputy with the Medical Examiner’s office, says Louise Nemerson was rushed to Ventura County Medical Center where she died during surgery on Thursday.

Police say Nemerson’s sports utility vehicle collided with another vehicle, went over the center median into opposing lanes of traffic. Nemerson went down an embankment and crashed through a chain-link fence where she was impaled by a metal pole.

Nemerson worked part time at Ventura College at the student health center.

We send out thoughts and prayers out to the family of Louise Nemerson.

If you or your family have lost a loved one in a car accident, or other fatal motor vehicle accident, you have in most cases, the right to recover compensatory damages for wrongful death, so long as your loved one was not at fault in the accident.

If you or your family have lost a loved one in a car accident, or other fatal motor vehicle accident, you may call our firm now for a free consultation at 800-816-1529, extension 1, or check out our main personal injury website at http://thepersonalinjury.com.

Ventura Car Accident Attorney

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Man Arrested in Fatal Car Crash in La Puente, California

California Fatal Car Accident Attorney and LawyerLos Angeles, California

A Duarte, California man, 22 years old, is being held after allegedly running a red light and smashing into another car, killing its occupant.

A 22-year-old Duarte California man was arrested after allegedly running a red light and broadsiding another car in La Puente, California last night, killing the 61-year-old driver, a California Highway Patrol officer said.

Elliott M. Imm was driving south on Valinda Avenue with a female passenger around 11:20 last night when he failed to stop at a red light at Temple Avenue and crashed into the driver’s side of a 2003 Chrysler, CHP Officer Anthony Martin said.

The driver of the Chrysler, a resident of Valinda, California, was pronounced dead at the scene, Martin said. Officials did not immediately release his name, saying his family had not been notified.

The impact also pushed the Chrysler into a 2003 Ford that was traveling parallel to the Chrysler but caused no serious injuries to the driver of the Ford.

Both Imm and his passenger were taken to Queen of the Valley hospital to be treated for their injuries. Martin said he did not know whether alcohol or drugs may have been factors in the accident. The officer said Imm was driving between 35 and 40 miles per hour.

Imm was being held in lieu of $30,000 bail.

In this particular accident, the family of the man killed in the accident has a cause of action for wrongful death against the driver of the car who was at fault.

Furthermore, the passenger in the car the caused the fatal car accident also has a cause of action against the driver who was at fault.

If you or your family have suffered through a fatal car accident such as the one described in this article, or you were a passenger in a car that was involved in an accident such as this, you will want to retain an attorney as quickly as possible to receive just compensation, and to protect your legal rights.

You may call our law firm 7 days a week, 24 hours per day for a free consultation at 800-816-1529, extension 1, or visit our main personal injury website at www.thepersonalinjury.com.

California Fatal Car Accident Attorney and Lawyer

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What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms.Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a car accident, a truck accident, a motorcycle accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you can click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

By California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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2 Are Killed In A Multi-Car Crash Near Campbell California

Law Office of Norman Gregory Fernandez Personal Injury NewsCAMPBELL, California ― A motorist crashed into several other vehicles in unincorporated Santa Clara County near Campbell on Monday, killing himself and his passenger and seriously injuring a third person, the California Highway Patrol reported.

The accident happened shortly after 1 p.m. Monday when a 51-year-old San Jose man driving a Kia Amanti north on Camden Avenue failed to stop for a red light at Curtner Avenue and sideswiped a northbound 2000 BMW that was stopped at the intersection, CHP Officer Todd Thibodeau said.

The same driver then continued north and ran a red light at the Highway 17 off-ramp, striking the rear of a 1998 Mazda and broadsiding a silver Audi station wagon, both of which had just exited the highway, Thibodeau said.

The driver of the Kia was taken to Valley Medical Center, where he later died. His passenger, an 81-year-old San Jose woman, was pronounced dead at the scene, Thibodeau said.

The county medical examiner’s office has not yet released their names.
The driver of the Audi, a 50-year-old San Jose woman, was taken to Valley Medical Center with major injuries. She was listed in critical condition.

The occupants of the two other cars were not injured, nor was the driver of a fifth vehicle who claimed his car had been hit by flying debris, Thibodeau said.

There was no immediate evidence that alcohol played a role in the crash and a coroner’s report may help determine whether the driver of the Kia suffered from a medical condition, Thibodeau said.

If your family has suffered through the wrongful death of a loved one in California, or you have been the victim of car crash in California you may call us now for a free consultation at 800-816-1529.

Campbell California Car Accident Lawyer

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1 KILLED, 3 INJURED IN SANTEE CALIFORNIA CAR ACCIDENT

Law Office of Norman Gregory Fernandez Personal Injury NewsSANTEE, CALIFORNIA – One person is dead and three others are injured after a crash that, witnesses say, may have been the result of street racing.

The crash happened Saturday morning in Santee at the intersection of Mast Boulevard and Halberns Boulevard. As a result, Mast Boulevard was closed in both directions for about two hours Saturday afternoon, while emergency crews cleaned up the site. The road has since opened, but investigators are still looking into how this tragic accident happened.

“I’m still trying to pull myself together, I do not wish that on anybody,” said Santee Resident Danielle Stratten.

Nineteen-year-old Danielle Stratten is still shaken over the accident that happened just feet from her Santee home Saturday morning.

Around 11 a.m., witnesses say two cars appeared to be racing on Westbound Mast Boulevard, when the red Dodge lost control, jumped over the median and crashed into a pick-up truck going the other direction.

Carla Stratten was one of the first people to call 911.

“The driver, I was looking at him trying to figure out if he was ok, but he was knocked out. And then I noticed in his lap that evidently another person was in the front and there was somebody in the back,” said Carla Stratten.

She also says the three people in the car appeared to be teenagers. One person was dead by the time emergency crews arrived and another was flown to Sharp Memorial Hospital. A third victim, as well as the driver of the truck, was taken by ambulance.

Neighbors say unfortunately this situation happens too often since Mast Boulevard, a major thoroughfare on the northern edge of town, is a magnet for speeders.

“There’s accidents…cars going into people’s homes, jumping curbs and sidewalks, today unfortunately, fatality,” said Santee Resident Kimberly Verdzco. “It’s troubling because that indicates there is nothing being done.”

Danielle just hopes that action is taken sooner than later.

“People need to keep in consideration this is a neighborhood, there’s kids here. You can’t do that. I’m 19-years-old and people think oh she’s young and dumb too. No I follow the rules because of this,” said Danielle Stratten.

Witnesses say the other vehicle that was allegedly racing with the Dodge Neon could have been a silver Mitsubishi Eclipse.

If you have any information, you’re asked to call the Santee Police Department.

Meanwhile, News 8 spoke with the brother of the driver in the pick-up truck.

The man says his brother was treated at a local hospital and is said to be in good condition.
If you have been injured in a car accident or truck accident in Santee, California call us now for a free consultation at 800-816-1529.

Santee Car Accident Lawyer

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California Ban on Use of Cell Phone Without Hand Free Begins July 1, 2008! What You Need to Know about the New Law.

california car accident lawyer discusses the new ban on driving while holding cell phonesOn July 1, after a nearly two-year grace period, a new era begins in California: holding a cell phone to your ear and talking while driving will be illegal unless it is an emergency.

In most cases, you will still be able to talk-and-drive, but you will need a hands-free device to do so such as a blue tooth headset, speakerphone set up, or a wired headset.

What Exactly is the New Law?

(1) If you are 18 or older, you are prohibited from holding a phone and talking while driving.

(2) If you are 16 or 17, the only time you can use a cell phone while driving is in an emergency only.

(3) The first offense of the cell phone law will result in a $20 ticket. Subsequent citations will result in $50 tickets. However, with court costs and penalties, the true costs of these tickets will be approximately $76 and $190, respectively.

Here is something else to think about: The new laws go into effect just days before the California Highway Patrol goes on “maximum patrol” throughout the Fourth of July weekend. This means that 80% of CHP officers will have their eyes on the road, and on you and your cell phone.

If it is illegal to hold a phone while talking, how is it possible to dial it or press a button to answer the phone or take a call, even if you talk hands-free?

This is where things may get a bit dicey because the laws are silent on these issues.

The Law basically only bans talking on the cell phone without a hands free device for non emergency calls, therefore, you are allowed to touch the phone to make a call or take one, said Mike Marando, a spokesman for the state Department of Motor Vehicles. “As long as you don’t hold the phone to carry the conversation,” he added.

Will text messaging while driving in California be illegal?

Text messaging will be illegal only for 16 and 17 year-old drivers. The law silent as to adults. I strongly recommend that no one text message while driving!

Tom Marshall, a CHP spokesman, has stated that “If you are text messaging and we see it’s affecting your driving, we can still pull you over” for distracted driving.

The offense is not distracted driving or, for example, driving with a bag of French fries in your lap. What Police actually cite you for what happens as a result of being inattentive, such as impeding traffic or an improper lane change.

Will getting a ticket for talking on a cell phone result in a higher insurance rate for motorists?

No. But there is a chance that it could eventually.

Cell phone violations will not result in any points being tacked onto your driving record — insurance carriers use those points to determine if you’re a good or bad driver. But the tickets are still on your driving record.

Darrel Ng, a spokesman for the California Department of Insurance, said that in the future, carriers might apply to the state to use tickets when setting rates, although they’d likely have to prove a correlation between getting those tickets and accident rates.

What other states have similar laws, and how are those working out?

New York was the first state to institute a hand-held ban, beginning in 2001, and Connecticut and New Jersey have followed suit.

From 2001 through 2006, police in New York issued 976,725 citations to motorists for holding their phones while driving.

Even more interesting, the number of citations has increased each year, with 285,684 tickets being given in 2006, the latest year for which numbers are available.

With more than 11.3 million licensed drivers in New York, it’s probably safe to assume that an awful lot of people are not getting caught.

What are some ways to comply with the laws without spending a lot of money?

First and foremost, learn how to use the voice recognition system that comes with most cell phones. Voice recognition usually requires users to touch only one button and then say a person’s name to make a call.

Surely the much talked-about Apple iPhone, which starts at $399, comes with voice recognition?

No, it doesn’t. It is a feature you can get with a BlackBerry phone or many standard phones.

What are some other ways to go hands-free?

There is no shortage of devices out there. Here are three easy ways to be a go hands free:

(1) Buy a cheap cell phone cradle that mounts to a vehicle’s dashboard. A conversation can then be carried on using the phone’s speakerphone function. Cost: $15 and under at automotive stores.

Tip: If your vehicle’s stereo system has an auxiliary jack, you can play your phone through the vehicle’s speakers, which makes it easier to hear.

(2) Use a headset. Most phones come with an earpiece or you can easily upgrade to a wireless bluetooth headset that syncs to your phone.

Wireless bluetooth headsets typically cost between $30 and $120, and many are available.

(3) Use a wireless speaker. These mouse-sized devices can be clipped to a sun visor and are a lesser-known alternative to the wireless earpiece. Motorola and Parrot are two prominent manufacturers.

Will the new laws prevent car or other motor vehicle accidents and/or make drivers safer?

Based upon research that I have done, the experts seem to agree that most of the problem is not the act of holding the cell phone while driving, but the distraction of talking while driving. If they are right simply holding a conversation with someone in your car is as dangerous as talking on a cell phone.

As a driver who also happens to be a car accident lawyer, I beg to differ. While driving I see many people holding their phones to their heads which hinders their ability to turn their head while driving. When I am driving my car, I dread seeing other drivers talking on cell phones because I know they are not paying attention.

I am hoping the new law will prevent car accidents but only time will tell.

California Car Accident Lawyer

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