Tag Archive: california personal injury attorney

11 People Injured in collision involving MTA Bus, and Car in Los Angeles

California Personal Injury Lawyer Blog NewsLOS ANGELES — California

A Los Angeles fire spokesman say 11 people, including a pregnant woman, were hurt when a Metropolitan Transportation Authority bus and car collided in the Jefferson Park area of Los Angeles.

Fire spokesman David Ortiz says a 30-year-old woman in the car was critically injured in the crash that occurred shortly before 6 p.m. Tuesday at 7th Avenue and Adams Boulevard. A 25-year-old pregnant woman on the bus was seriously hurt and her three children are in fair condition. He says five other bus riders, ages 18 to 61, also were taken to hospitals with minor injuries. One person was treated at the scene and released.

Police Officer Karen Rayner says the car was turning left onto 7th Avenue from Adams Boulevard when it collided with the bus.

If you or your family were injured in this accident, or any other bus crash, truck crash, car crash, or other motor vehicle accident in Los Angeles or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Los Angeles Bus Accident Attorney Website

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Man dies in Angeles Crest crash; Excessive Speed, Alcohol Likely to Blame for Wreck

California Personal Injury Lawyer Blog NewsA driver heading toward La Cañada on Angeles Crest Highway was killed at about 3 a.m. Friday when he lost control of his car, careened into an embankment and collided with a tree, officials said.

The fatal wreck came just a week after state transportation officials reopened the winding 7-mile stretch of highway between La Cañada Flintridge and Angeles Forest Highway.

Pasadena resident Julio Velasquez, 21, crashed his Honda sedan near mile marker 30.71, a sharp curve about six miles above the Foothill (210) Freeway. Paramedics pronounced him dead at the scene, said Los Angeles County Fire Capt. Bob Funke.

California Highway Patrol Sgt. Becky Lynch said investigators believe alcohol and excessive speed may be to blame for the crash.

Funke, a first-responder, said Velasquez’s body was discovered by friends with whom he reportedly had been drinking earlier that night in the George’s Gap area of the Angeles National Forest, an isolated spot near Clear Creek.

“They said they were up at George’s Gap drinking, just being social, and the driver of the vehicle decided he wanted to go home. They tried to talk him out of driving, but to no avail,” Funke said. “About 35 or 40 minutes later, [the friends] were driving down and came upon [Velasquez’s] car embedded in the side of a hill. He had run head-on into a tree, and that’s how we found him.”

Funke said he did not see any obvious signs that Velasquez had applied his brakes prior to the crash.

An autopsy and blood-alcohol test is pending this weekend.

Angeles Crest Highway was closed above La Cañada for nearly 17 months to repair massive road washouts and other damage caused by the August 2009 Station fire and subsequent rainstorms.

The CHP has intensified traffic enforcement efforts along the roadway since its reopening on June 3.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

La Canada Flintridge and Angeles Forest Highway Accident Attorney Website

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Bicyclist Killed by a Hit and Run Driver at the University of California Santa Cruz

Zachary Parke

Zachary Parke

Zachary Parke, 25, of Santa Cruz, was found dead on the University of California at Santa Cruz campus on Wednesday after he was killed in a by a hit and run driver.

His body was found near Heller Drive on Empire Grade Road, which is a primary route for students entering and leaving the campus.

He was in the bushes 15 feet in front of his bicycle, and broken glass littered the ground.

California Highway Patrol officers said Zachary Parke was riding a bicycle when he was hit by a car. A driver traveling in a maroon Nissan or Infiniti fled after hitting the bicyclist, CHP officers said.

Another bicyclist found Zachary Parke’s body at 8:05 a.m. on Wednesday and called 911.

Zachary Parke, who is not a UCSC student, was returning home at midnight from the campus after hanging out with friends, his mother April Parke said.

“His friend left at the same time he did. He saw Zachary take off on his bike going down Empire Grade,” April Parke said. Her son never made it home.

Zachary Parke was an avid outdoor rock climber and studied art at Cabrillo College, according to his Facebook page. He went climbing at Sebastian Big Wall in Yosemite with his friends recently.

April Parke described the pain she felt when an official from the coroner’s office knocked on her door Wednesday morning.

“She said she was from the coroner’s office. I said, ‘Is my son OK?'” April Parke said. “She said, ‘No, I’m sorry, he isn’t.'”

The California Highway Patrol needs help finding the hit-and-run driver. Anyone with information on this accident should contact the CHP at 662-0511. The maroon Nissan or Infiniti is missing a side mirror and likely has front-end damage, officers said.

“Somebody was probably drunk, somebody hit him, and it has to be their fault,” April Parke said.

The bicyclist was seasoned in navigating roads on two wheels. He worked as a bike messenger four days a week for Clutch Couriers and pedaled all over the county, April Parke said.

“They weren’t going to let me see him, but I begged them to let me see him one last time,” April Parke said as tears welled up in her eyes.

UCSC students are taking final examinations this week before the spring semester ends.
Campus security did not block off the road while investigators surveyed the scene. Parke’s body was moved into a coroner’s truck before 10 a.m. and few students realized the tragedy that had happened as they drove by.

Santa Cruz Wrongful Death and Bicycle Accident Attorney

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Two dead, one missing in Highway 70 crash west of Plumas/Butte County Line

Rescue crew searching for missing 16 year old.

Rescue crew searching for missing 16 year old.

The search will resume today for a 16-year-old passenger in a car that slid off Highway 70 that was missing after the horrible car accident, sparking a dramatic swift water rescue, the California Highway Patrol said Saturday night.

Two people died in the fury crash that happened just west of the Plumas/Butte County line at about 3:30 p.m., the CHP said.

The car crashed happened when a 2001 Pontiac Firebird that was headed west on highway 70, when it passed a motorhome and slid off the edge of the roadway, the CHP said.

The driver of the Pontiac Firebird a 35-year-old man had a 9-year-old boy and the 16-year-old with him in the car when it crashed. The CHP said all of them were from Oroville, California.

The 9-year-old boy was clinging to rocks in the river after the accident. The child then let go of the rocks and attempted to swim to the older man.

The driver and the child were pulled from the water by search-and-rescue teams.

The young boy and the man were given CPR. The boy was transported to Feather River Hospital, while the man was taken to Oroville Medical Center.

Both were pronounced dead at the hospitals, the CHP said. Their names weren’t available.

The search for the missing 16-year-old, whose name also was not available, continued until about 8:30 p.m.

This accident is a horrible tragedy, and it reminds us to take it easy out there. A pleasure ride can turn fatal in an instant if you speed, or lose concentration.

We send our prayers and condolences to the family of the victims of this tragic accident.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Plumas / Butte County Car Accident Attorney Website

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Brake Failure Suspected In Fairfield California Bus Crash

Scene of Bus Crash in Fairfield, California on the I-80

Scene of Bus Crash in Fairfield, California on the I-80

FAIRFIELD – California

The California Highway Patrol is investigating brake failure Tuesday, as the possible cause of a bus crash on Interstate Highway 80 near Fairfield on Monday afternoon.

The United Coach Tours bus had 49 people aboard when it drove off of the westbound I-80 freeway, and into a fence around 4:30 p.m. It came to rest on the side of Lyon Road, which runs parallel to the I-80, said CHP Officer Richard Weaver.

The bus was on its way to San Francisco from Sacramento with passengers onboard who were returning from a lobbying outing, Weaver said.

Twenty passengers suffered minor injuries, including pain and bruising, and 13 went to hospitals where they were treated and released, Weaver said.

The bus driver, a 38-year-old Yunzho Ma, told investigators that she was having trouble with the air brakes on the right side of the bus, Weaver said.

Ma said she was driving at about 70 mph, and when she tried to slow down the brakes failed, Weaver said.

She then steered to the right and went through the fence, he said.

There were skid marks on the road, possibly indicating that the brakes had locked up, Weaver said.

Ma has worked for the South San Francisco charter bus company since 2004, Weaver said.

CHP officers from the agency’s Solano County office were investigating whether brake failure caused the crash, Weaver said.

If you, your family, or your friends were injured in this bus accident, or any bus accident in the State of California, you may call my firm 7 days a week, 24 hours a day for a free consultation at 800-816-1529 x. 1, or go to our personal injury website at http://thepersonalinjury.com.

Fairfield California Bus Accident Attorney

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2 People Hit and Killed by a Big Rig Truck in Pomona

Scene of fatal big rig truck accident in Pomona, California

Scene of fatal big rig truck accident in Pomona, California

Pomona – A man and woman were struck and killed by a big rig yesterday morning while standing outside their cars on the right shoulder of the eastbound Pomona (60) Freeway, according to the California Highway Patrol.

The 3:15 a.m. accident shut down the eastbound Pomona Freeway between the Chino Valley (71) Freeway and Reservoir Street for more than three hours.

Assistant Coroner Chief Ed Winter identified the victims, who were pronounced dead at the scene, as Otis Lee Hall, 20, of Upland, and Sharon Renee Higgins, 20, of Riverside.

CHP Sgt. Charlie Sampson said Higgins, driving a Mustang, pulled over first, and the Lexus was right behind it. The drivers were standing next to the cars when the big rig drifted onto the right shoulder and hit the vehicles and motorists, then overturned, Sampson said.

Alcohol was not a factor in the crash, but the investigation was continuing into why Martin Llamas, 47, of Galt, allowed the truck to drift onto the right shoulder, Sampson said.

Llamas escaped serious injury but was taken to a hospital as a precaution, according to the CHP, which reported that one of the victims was thrown over the side of the freeway onto Garey Avenue.

It took a crane to right the overturned big rig, according to the CHP, which reopened all eastbound lanes shortly before 7 a.m.

My prayers and condolences go out to the family and friends of the victims of this tragic accident.

Both victims who were 20 years old were just starting their lives.

It does appear that both victims’ families will have causes of action against the truck driver for Wrongful Death in a State of California action.

I do not see any excuse why the big rig truck would go onto the shoulder of a freeway and kill two persons standing there. It makes me sick to think that all the truck driver had to do was be a little more careful to prevent this tragedy.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Pomona or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://thepersonalinjury.com

Pomona Car and Big Rig Truck Accident Attorney Website

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California Cell Phone Hands Free Law means Hands Free!

A Biker and Motorcyclist worst nightmare!

A Biker and Motorcyclist worst nightmare!

As many of you know, or should know, on July 1, 2008, a California law took effect which bans the use of cell phones without a hands free device while driving. I wrote an article about it which you can read by clicking here.

Many people think that the law allows you to hold your phone and use the speaker phone function of the cell phone while driving, so long as you do not hold it to your head. Well guess what, you cannot.

Technically under the hands free law, you cannot hold your phone to even dial it while driving.

Now here is the kicker, the fine for the first offense is only around $25.00. However, by the time all of the extra add-on assessments and costs are added onto the ticket, you will be looking at a $160.00 ticket for the first offense.

A second offense will kick it up to over $300.00, and so forth.

I have been informed that the CHP alone is writing almost 10,000 cell phone tickets a month right now, this does not include all of the other law enforcement agencies.

Obviously cell phone violations have become a big cash cow for our broke State, but I think that it is ridicules to be assessing such major fines simply for holding a cell phone and talking on the speaker.

Now as a motorcycle rider, nothing pisses me off more than seeing a cager with a cell phone to his ear, which in my opinion is blatantly illegal. I will usually blare my horn to get their attention.

Bottom line, in California, you cannot hold your cell phone while driving or you will get dinged. You must only use hands free.

Most cell phones these days allow you to voice dial through a Bluetooth device. That is probably the way to go.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © April 5, 2011

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Did a Pot Hole Cause a Fiery Studio City California Car Accident?

Scene of Studio City Car Accident

Scene of Studio City Car Accident

Studio City – California

An elderly driver was rushed to the hospital after losing control of her car and smashing into a brick wall.

It happened at approximately 11:30 this morning on the 11700 block of Ventura Blvd. just west of Colfax Avenue.

Witnesses say the woman was driving through an alley on the northbound side of the street when she hit a pothole and careened across both lanes of traffic before slamming into the wall.

“She ran the curb and hit the wall,” said one of the responding LAPD officers.

Police, citing privacy concerns, refused to comment further. However, it did not appear the woman’s injuries were life threatening.

Traffic was slowed travelling eastbound on Ventura Boulevard while the woman was carefully loaded into an ambulance.

Now Police State that the Pothole is not to Blame

 Police determined that witness reports of a pothole were not to blame for a crash that injured an elderly driver.

Officer Karen Rayner of the Los Angeles Police Media Relations Department says the driver simply “lost control” of her vehicle before slamming into a brick wall on the 11700 block of Ventura Boulevard.

According to Officer Rayner, the driver, identified as an 82-year-old female, was headed southbound on Colfax Avenue and attempting to make a right hand turn onto Ventura Boulevard. Investigating officers are still unclear as to what caused the woman to lose control.

The driver was rushed to the hospital complaining of injuries. Police say she suffered a broken bone but the injuries are not life threatening.

The accident happened Friday morning at approximately 11:30 a.m. Traffic was slowed heading eastbound on Ventura Boulevard as paramedics loaded the woman into an ambulance and responding officers stopped to take witness statements.

I have done many cases where potholes and other road conditions have caused accidents. In my work as a car accident attorney, I have seen the police make incorrect conclusions about the cause of an accident many times.

A police report is not admissible for any purpose in a personal injury trial, except to impeach an officer’s testimony.

The bottom line is that an accident reconstruction expert with solid credentials is the best person to determine the cause of a car crash.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Studio City or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

 Studio City Car Accident Attorney

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California snowstorms leave one dead and dozens injured in 40 vehicle pile-up

Scene of the 40 vehicle pileup west the Yuba Gap

Scene of the 40 vehicle pileup west the Yuba Gap

A huge 40 vehicle pile-up has left one man dead and several others injured, after heavy snowfalls battered the Sierra Nevada region of California.

The busy Interstate 80 was shut for several hours 70 miles north east of Sacramento while emergency services battled to clear the road after a big rig carrying highly explosive liquid Hydrogen jack-knifed.

The tanker blocked both lanes and as it turned onto its side dozens of cars and trucks ploughed into its side.

Auburn resident Douglas Swasey, in his 60s, was killed in the accident.

The truck was not damaged, officials confirmed, but had it done the hydrogen could have exploded causing even more fatalities.

Three feet of snow fell, creating hazardous conditions for drivers on mountain roads.

The crash at 1.30pm on Friday left the I-80 shut for several hours and caused massive tailbacks, with the route not opening until early this morning.

One driver told News 10 he heard the sound of metal hitting metal for five minutes after the first impact.

More than a dozen other people taken to hospitals in Sacramento and Reno with minor or moderate injuries.

Another driver, Ty Bombach who tried to help the injured told the press: ‘We found a gentleman by the liquid hydrogen truck and I checked his vitals but he was already gone.

I was surprised more people weren’t hurt because of the carnage that was there when we got there and what followed.’

Blizzards and snow up to three feet deep will hit the Sierra Nevada region falling as low as 4,000 feet and will continue over the weekend.

The storms will bring flooding rains, snow and strong winds across much of California.

Heavy rain will affect the central coast and valleys to the Southland from late tonight until Monday, which could bring possible flooding and mudslides.

Coastal regions will suffer up to three inches of rain but south and west-facing foothills and mountains could have as much as seven inches of rain.

Make sure you take it easy out there on the highways.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

Sacramento Car and Truck Accident Attorney

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Pomona California Man dies in big rig truck crash on 15 Freeway

California Personal Injury Lawyer Blog News BytesDEVORE – California

A 19-year-old Pomona man was killed Saturday morning in an accident involving two big rig trucks on the northbound 15 Freeway in Devore, California.

One truck crashed into another big rig truck that was parked on the side of the road waiting for gas about 9:30 a.m. just south of the Glen Helen Parkway exit.

The semi big rig was stopped on the right shoulder of the freeway waiting for gas when the other truck swerved on to the shoulder to avoid slower traffic.

The swerving truck then crashed into the parked truck, instantly killing passenger Juan Carlos Garcia Bautista, said California Highway Patrol spokeswoman Hope Maxson.

The drivers of both trucks were taken to a nearby hospital to be treated for injuries.

The CHP closed several lanes of the freeway until Saturday afternoon.

The California Highway Patrol is investigating the collision.

It appears on the surface, that the truck that swerved onto the shoulder to avoid traffic is responsible for this accident, and the driver thereof would be solely responsible for the wrongful death of passenger Carlos Garcia Bautista.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Devore, Pomona, or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Devore Truck Accident Attorney Website

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Motorcyclist is injured in crash with stopped bus

Scene of motorcycle accident in Lodi, California

Scene of motorcycle accident in Lodi, California

Lodi – California

A motorcycle rider rear ended a school bus on East Lodi Avenue near Cherokee Lane around 3:40 p.m., in Lodi, California.

The motorcycle rider was transported to Lodi Memorial Hospital with substantial injuries, according to the California Highway Patrol.

The motorcycle rider who is a young man, who works at a Les Schwab Tire Center down the street, was expected to be airlifted to UC Davis Medical Center, according to the CHP.

Witnesses said the motorcycle was traveling west on Lodi Avenue at a high rate of speed, when it collided with the stationary school bus.

There were no apparent injuries to anyone onboard the school bus, which suffered minimal damage.

Alcohol or drugs are not believed to be involved, the CHP said.

I ride motorcycles myself. It is inexplicable to me how someone on a motorcycle could rear end a school bus unless there were driving way too fast.

If you, or a loved one or friend has been injured in a motorcycle accident or any other motor vehicle accident, you may call me for a free consultation at 800-816-1529 x. 1.

Lodi California Motorcycle Accident attorney

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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

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Let’s Talk about Your California Car Accident.

California Car Accident InformationSo you have been in a Car Accident in the State of California. You know the accident is not your fault. You were injured. What should you do?

The first thing two things you need to do are; (1) get the other drivers information, and (2) get medical help; not necessarily in that order.

When you get the other drivers information, try to get as much information as possible, such as all of the information on their drivers license, their phone number, the year, make, model, license plate and vin number of their vehicle, the color of their vehicle, and even a description of the driver and their passengers. You also need to get their insurance information.

Without the other driver’s information, your chances of recovery in the accident are slim to none.

I have had people with great cases, who could not recover because they failed to get the information of the person who hit them.

Most uninsured motorist coverage policies also require you to identify the person who hit you.

With respect to your injuries, you need to seek immediate medical treatment. If you feel like you need to be transported by paramedic to the emergency room, chances are that you are probably right. It is better to error on the side of caution.

Even if you do not have medical insurance, all emergency rooms are required to treat you, and stabalize you. Go to the emergency room if you need to.

When you go to the doctor, make sure you tell the doctor about all of your problems; do not underestimate your complaints.

I cannot tell you how many people I have talked to who are hurt bad, yet when they describe their complaints, they hold back. How can a doctor treat you if you do not tell them what is hurting?

I know you are also concerned about getting your vehicle repaired, finding temporary transportation, and so on.

The best thing you can do now is to retain a personal injury attorney for your California car accident case.

There are many damages that you may be entitled to such as all out of pocket expenses related to the accident, pain and suffering, loss of enjoyment of life, emotional distress, and so forth, which you have no clue how to value or go after on your own.

Further, if you are married, you spouse may also have a cause of action for loss of consortium even if they were not in the car with you.

I estimate that a reputable personal injury attorney such as myself, can get you more money in your pocket for your personal injury case, than you would ever get on your own in 99% of all cases.

The reason is simple, personal injury cases are complex.

The insurance companies exist for one thing only; to make a profit, not pay you money. If they can, they will try to get you to settle for pennies on the dollar for what your case is actually worth.

They may offer you a couple of thousand dollars on a case that may be worth tens of thousands of dollars.

They know that if you are unrepresented, that you are an easy mark!

Don’t be a victim a second time around. You should be worried about getting better, and not about fighting the insurance company. Let me do that for you.

If you have been injured in a car accident, or any other motor vehicle accident in the State of California, give me a call 7 days a week, 24 hours a day at 800-816-1529 ext. 1.

By California Car Accident Attorney Norman Gregory Fernandez, Esq., © March 3, 2011

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What can you do if your Lover gives you a Sexually Transmitted Disease in California?

What do you do if your lover gives you a sexually transmitted diseaseYou met someone you really like, you had sex with them, soon after you discover a lesion or something else wrong on your private parts, you go to a doctor, you find out you now have herpes. (Or worse) What can you do?

Well there are a lot of things that you can do. The purpose of this article is to discuss the legal remedies available to you if someone knowingly or negligently gives you a sexually transmitted disease. This body of law is called “Sexual Torts.”

Before I get started with this article, let me lay a foundation; first some sexually transmitted diseases are fatal, such as HIV, and Class C Hepatitis. Others such as Syphilis can be fatal if left untreated.

In California it is a felony punishable in California State Prison, for someone who is HIV positive to willfully expose another person to HIV through unprotected sex.

Many other States have similar laws.

Prosecutors have also prosecuted people who knowingly had unprotected sex when they knew they had HIV or Hepatitis with crimes such as criminal negligence, attempted murder, battery, etc.

If any of you out there know you have HIV or Hepatitis, you should consult with an attorney in your State before you go around having sex with someone, even if you disclose the fact that you are infected or have the disease to that person.

California’s willful exposure law basically means that even with disclosure to your partner, you are still required to use protection.

California does not want you passing your disease to other people. Most other States are the same. It is a public health issue, not a privacy issue!

Now getting back to the gist of this article; what can a person do if they are infected with an STD by another person?

In a nutshell, you can report the conduct to the police, district attorney, or health department, and you can sue them for monetary damages, and potentially punitive damages for a Sexual Tort in civil court.

I deal with civil remedies.

There are two standard civil common law causes of action that normally apply to sex torts cases, battery, and negligence.

Battery would be alleged if the person who infected you actually knew they had an STD and failed to disclose it to you.

Negligence would be used if the person who infected you should have known they had an STD.

Fraud can also be alleged if the person who infected you lied to you about actually having an STD.

There have been a couple of multi-million dollar cases involving a person who was infected with an STD by another person.

In the case of deceased movie star Rock Hudson’s same sex partner, he sued because Rock Hudson had sex with him while infected with HIV and failed to disclose it. The same sex partner won a seven figure judgment, without even proving that he got infected with HIV.

In another case, a middle aged woman was infected with genital herpes by her elderly lover. He never denied having herpes, but claimed he told her. She won a seven figure judgment in that case.

There are many problems prosecuting sexual tort cases in civil court. One of the big problems is a lawsuit is only as good as the person you are suing.

If a defendant has little or no money, it can be real difficult or impossible to actually collect a judgment. Most attorney’s including myself, will not take such a case on contingency unless there is a substantial likelihood of collecting a judgment.

Look what happened in the O.J. Simpson civil wrongful death case. The families of the decedents got a 50 million dollar civil judgment against O.J. Simpson, but were only able to collect thousands on the Judgment.

What good is a judgment unless you can collect the money on it?

Unless you get a civil judgment for battery, fraud, or another type of intentional tort, the judgment can be set aside in bankruptcy court if the defendant goes bankrupt.

There is also the statute of limitations issue. In California you have two years to file suit for battery or negligence from the time you knew or should have known, that your lover gave you an STD.

I am always willing to give free consultations to victims in these types of cases to determine if a civil lawsuit is feasible.

On a human level, I suggest that all persons get tested for STD’s before engaging in sexual conduct.

If you are a person who has an STD, you should have your partner sign a written disclosure and release before engaging in sexual conduct. As discussed above, if you have HIV, you may still not be protected.

I have seen people more protective of their cars and property than their own bodies.

You must realize that there are people out there infected with some nasty diseases. Some of them have no problem having sex with you without disclosing their diseases.

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 2011

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

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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