Tag Archive: california personal injury lawyer

Questions to inquire about prior to hiring an Attorney or Lawyer

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

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.

California Personal Injury Attorney Website

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A California Traffic Study finds a Decline in Cell Phone Related Accidents

woman on cell phone while driving

Notwithstanding California's cell phone use while driving ban, people are still violating the law

We have seen a lot of debate about the success of California’s controversial ban on the use of cell phones while driving. However, a new study by a state agency confirms that these particular laws have been accountable for decreasing the amount of accidents caused by the use of cellular phones.

According to the report from the California Office of Traffic Safety, the number of traffic accidents involving cell phone use while driving in California dropped by 32% after the laws were implemented. The report says that during the two years following the time when cell phone laws came to be, there were approximately 53 fatalities a result of drivers who had been using cellular phones while driving. In the two years before the law was implemented, greater than 100 fatalities were caused by drivers using cell phones while driving.

The research tracked the success of the cellular phone while driving ban. According to Sen. Joe Simitian, Democrat-Palo Alto, who authored the bill which made it an offense to drive an automobile or other motor vehicle while using a hand-held cellular phone, the state has made substantial progress in reducing the number of motorists who use cellular phones while driving.

Safety agencies such as the Governors Highway Safety Association have much praise for the way California has managed to implement its anti-distracted driving laws. A number of other states have similar laws against the usage of hand-held cell phones while driving. However, in those states, these laws have experienced a limited effect, primarily because of absence of aggressive enforcement.

In California, however, law-enforcement is aggressively enforcing these laws, which means that cell phone use while driving has dropped, although penalties for these particular offenses remain low. The penalty for driving with a hand-held cell phone is $20. This past year, there was an attempt to pass legislation that would increase the fines substantially for using a cellular phone while driving, violations. However, the proposal was vetoed by Gov. Jerry Brown. California Car accident attorneys, and Motorcycle Accident Lawyers such as me have strongly supported any proposal to increase the fines for persons found using a hand-held cell phone while driving.

Progress against distracted driving is going to take years. Sen. Simitian compares California’s war against distracted driving with the war against drunk driving and also the campaign to get additional motorists to buckle up while driving. Progress in these initiatives did not come overnight. After aggressive enforcement, we’re able to see a decrease in cell phone use while driving.

Notwithstanding the State report showing a decrease in cell phone usage, I myself personally see people holding cell phones up to their ears while driving, in violation of the law, all of the time.

It upsets me because I know that these people are not only violating the law, but they are accidents waiting to happen.

It is my practice to subpoena all cell phone records of persons involved in a car, truck, or other motor vehicle accident when I am doing a case against them for one of my personal injury clients. The cops may not have caught you, but I will.

California Car, Truck, Motorcycle Vehicle Accident Attorney Website

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What should you do immediately after a car, truck, or other motor vehicle accident?

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Nobody plans on getting into a car, truck, or other motor vehicle accident, so most people are really do not know what to do if they are involved in a vehicle collision. You may have read the DMV handbook, or heard from friends what ought to be done immediately after a crash, but maybe you are not exactly sure what you should do.

Just after an accident, you could be injured, your emotions and adrenalin may be running on overload, and you might be worried about any family and friends in your vehicle. You should follow the steps below after any accident, no matter how serious.

Stay at the scene of the accident.

Leaving or fleeing the scene of an accident, even if it was not your fault, may lead to criminal charges. After an accident you should pull to the side of the road if you can; you should not leave your car in traffic lanes if it can be moved.

Ensure everyone is OK

Check on passengers, if any, and any drivers or passengers of other motor vehicles involved in the vehicle accident. If someone is hurt, never move them unless it is absolutely necessary, call 911 immediately if you can, or have someone else call if you cannot.

Call Law Enforcement.

You should always call law enforcement from the scene of an accident no matter how serious the accident is, no matter what. Law enforcement won’t always show up, especially when there aren’t any injuries; however you should at least try to get them to come out and write an accident report.

Exchange information with the other driver

The more information you get, the better it will be for you later on. At the minimum you want to obtain their Driver’s license number, driver’s license name, driver’s license address, driver’s license expiration date, any restrictions on driver’s license, vehicle license plate number, all info from their vehicle registration card, all information from their insurance card, write down a description of the driver in case they try to claim someone else was driving.

Take as many pictures as possible of all things. The car, the scene, the damage, skid marks, the road conditions, weather, traffic signs, everything, even the other drivers license, passengers, the actual other driver, etc.

Try to find witnesses.

If there are witnesses try to get their version of the events. If their version is helpful to your case, get all of their information and ask them if they will be a witness for you.

These are the first steps you need to take at the scene after you’ve been in an auto accident.

Whatever you do, DO NOT apologize or make any unnecessary statements. Don’t speak to anyone; keep your statements to the minimum, above all, never admit you are at fault!

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

California Car, Truck and Other Motor Vehicle Accident Attorney Website

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An incident involving Lindsay Lohan hitting a man with her car could threaten her probation

Lindsay Lohan in Court with her attorney

Lindsay Lohan in Court with her attorney

Lindsay Lohan’s probation may very well be threatened by an accusation that she hit a man with her car outside a Hollywood club early Wednesday morning, if the individual files a police report and she is actually found to have fled the scene.

The incident occurred shortly before 1 a.m. at a parking lot in the 6500 block of Hollywood Boulevard, said Officer Norma Eisenman. Lohan was surrounded by paparazzi and was trying to negotiate a U-turn in a parking area when her car allegedly brushed the leg of the man, reportedly a manager in a nearby club.

The actress left the location but Eisenman said the department at this time doesn’t consider it a hit-and-run.

“We aren’t commenting until we’ve gathered all the facts,” Steve Honig, a spokesman for Lohan, said Wednesday.

Legal experts stated that police can only initiate a probe if the victim files a complaint.

“A hit-and-run is a violation of her probation,” they said. “She was ordered to obey all laws. Leaving the scene of an accident is a violation of Vehicle Code section 20002,” they said

According to the LAPD, the guy called police, who took down the information but didn’t make an official report because at that point he wasn’t deemed to be injured.

Officers did not contact Lohan, Eisenman said.

Lohan continues to be on probation since a 2007 conviction for driving under the influence. Since that time she has been found guilty of shoplifting and is also currently on probation for both offenses.

The 25-year-old actress has been sent to jail several times for violating the terms of probation. But in the last few months under a strict regime of community service at the morgue and counseling, a judge has praised her behavior and may take her off supervised probation later this month.

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

Hollywood Car Accident Attorney Website

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Typical Injuries Resulting from Car and Motor Vehicle Accidents

Graphic showing shoulder injury in a car crash

Graphic showing shoulder injury in a car crash

Motor vehicle accident injuries affect differing parts of the body. Head, neck and back injuries are certainly the most frequent, but motor vehicle collisions also frequently affect internal organs, and upper and lower limbs. The following are among the most common injuries, symptoms and treatment for motor vehicle accident injuries:

Head & Neck injuries

Traumatic brain injury (TBI) is an extremely serious injury that may result in a car accident. Such a brain injury occurs when the external force of a motor vehicle accident traumatizes the brain. Brain injury may result in permanent or temporary impairment of the brain’s functions. Skull fractures, bruises of the brain (hematoma), and nerve damage in many cases are associated with such brain injury.

Brain injuries are more common in side impact motor vehicle collisions compared to rear-end vehicle accidents. Brain damage in a vehicle accident is frequently associated with the quick acceleration and deceleration of the brain, which causes injury to the point of impact and it is opposite point or contrecoup. Diagnosis of a brain injury can be difficult. Concussions are associated with traumatic brain injury as well as seizures, headaches, dizziness, deficiency of concentration, memory loss, depression or anxiety. CT scans and MRI scans can be used to diagnosis brain injury.

Neck injuries vary from whiplash, probably the most common and annoying injuries caused by car accidents, to disk injuries. Whiplash is an injury frequently related to rear-end impacts. Whiplash injures the soft tissues comprised of nerves, ligaments and muscles. It causes neck pain and limitation of head and neck movement effecting rotation and peripheral vision. It may be temporary or permanent and can affect all aspects of life. If whiplash lasts for more than a few days after a motor vehicle accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.

Temporalmandibular joint (TMJ) injury is an injury to the joint and ligaments that allow the jaw to move. Similar to whiplash, the TMJ joint is injured in the acceleration and deceleration of a motor vehicle accident. This may occur with direct or indirect damage to the jaw and effects chewing, eating and speech.

Intervertebral discs make up the spine. The disks lie between each bone (vertebrae) within the spine and form joints giving spines flexibility. Discs are made up of an outer skin called an annulus that surround the interior nucleus, a jelly like substance. If the annulus is torn, a disc may herniate and need surgery. Disks in the neck and spine may bulge, slip or rupture, hence the phrases bulging disc, slipped disc, and ruptured disc. CT scans and MRI scans are often used to diagnosis disc injuries and since such tests are costly doctors will not likely order them immediately after a vehicle accident. It frequently occurs where a disk injury or herniated disc isn’t diagnosed until months following a motor vehicle accident.

Back Injuries

Intervertebral disks in the neck, cervical discs, aren’t the only discs injured in car accidents. Thoracic, mid-back, disks and lumbar, lower back, disks may also be injured in car accidents. Compression fractures may be caused in such accidents causing permanent disability. Also, herniations or bulges may cause spinal-cord compression. Symptoms of spinal injuries include arm and/or leg weakness, paralysis, difficulty breathing, numbness, tingling, and abnormal bowel or bladder control. Disc injuries causing those symptoms may require surgery to eliminate disc material or spinal fusion.

In the same way whiplash injures soft tissues involving the neck, the back nerves, ligaments and muscles may be traumatized by a car accident causing inflammation and pain. Prescriptive medications in many cases are used initially but for continuing pain and inflammation, patients are sent to physical therapists or chiropractors for rehabilitative therapy. Such therapy generally includes infrared heat, hot packs, paraffin bath, hydrotherapy, diathermy, cold packs, ultrasound, electrical stimulation, muscle strengthening, traction, massage, or acupuncture. Another common treatment is steroid injection.

Internal Organs

Internal injuries from a motor vehicle accident include injuries to bowels, kidneys, the spleen, liver, lungs, heart or aorta. Fractured ribs are quite common and could also puncture lungs along with other body organs. Torn spleens are also a frequent injury and may require extensive hospitalization.

Upper limbs

Hands, forearms, arms, shoulders, wrists and fingers in many cases are injured in car accidents as well. Fractures are typical and treatment generally involves splints and casts. Occasionally, such injuries will demand surgery together with splinting and casting. Therapy may also be required for increasing reduced strength and range of flexibility.

Rotator cuff injuries are frequently a result of automobile accidents. MRI scans are often used to diagnosis rotator cuff tears but since these tests are costly doctors will typically not order them immediately after a car accident and will wait for completion of physical rehabilitation before ordering an MRI. Severe shoulder injuries will require shoulder reconstruction.

Lower limbs

Hips, legs, knees, heels, ankles, and feet are also commonly damaged in car accidents. Achilles tendon injuries, ankle sprains, collateral ligament injuries and stress fractures are normal. Fractures in the pelvis, femur, patella, tibia, and ankle may require casting or surgery. For serious hip and knee injuries, total hip replacements or total knee arthroplasty might be necessary following a car accident.

It is very important that you select an experienced personal injury attorney if you have had a car crash or other motor vehicle accident, one who is not only familiar with the injuries you have sustained in the accident, but also the treatment and prognosis as well.

You should be able to tell during a consultation with a reputable personal injury attorney right away, whether they know what they are talking about or not.

Also look at their ratings; Attorney Norman Gregory Fernandez has been rated 10 out of 10, the highest rating possible by Avvo.

Our law firm handles car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

California Car and Motor Vehicle Accident Attorney Website

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Basic California Motor Vehicle Collision Information.

California Car Accident InformationVehicle collisions can and most often are traumatic. So much is happening, and you may not understand what you need to do. Save this article on your computer or in your vehicle just in case you find yourself in a vehicle collision.

You and Your Passengers Must Wear Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in one or more vehicle collision throughout their lifetime. The chances of you being killed or injured in a vehicle collision are greater than you may think. One person in three is going to be injured or killed. To increase your odds of surviving an accident, use your seat belts each and every time you are in a moving vehicle. Ensure you and your passengers wear both your lap and shoulder belt if the vehicle comes with both, whether or not the vehicle comes with air bags. Wear your seat belts each and every time you drive. It’s the law!

Children eight years and older, but under 16 years old must be properly secured by having an appropriate safety belt. Children under eight years old, who are less than 4 feet 9 inches tall, have to be properly secured in a child passenger restraint system which fits federal safety standards. However, children under eight years old, that are 4 feet 9 inches tall or taller, may be secured with an appropriate safety belt.

Here are a few additional techniques for using a child passenger restraint system:

The back seat is the safest place in the car for kids 12 years old or younger.

Children, who weigh to 20 lbs. up to age 1, must be secured in a child passenger restraint system secured to the back seat facing the back of the car. Children must not be placed facing forward or backward in the front passenger seat if the vehicle comes with an air bag. Your local law enforcement agencies, fire departments, or perhaps a child passenger safety (CPS) technician can check out proper installation of your child passenger restraint system.

Common Causes of Vehicle Collisions

A few of the common reasons for vehicle collisions are:

  • Unsafe speed
  • Driver distractions
  • Driving on the wrong side of the road
  • Improper turns
  • Violation of the right-of-way rules
  • Violation of stop signals and signs
  • Cellular telephone use

Choosing a Lane

When news stations report vehicle collisions, they refer to numbered traffic lanes. The left lane is the “Number.1 Lane.” The lane on the right of the “Number 1 Lane” is the “Number 2 Lane”, then the “Number 3 Lane”, etc.

For anyone who is made aware of a motor vehicle collision through the news or your GPS, avoid driving close to the collision or take another route, if possible. In the event you must drive near a collision scene, do not slow down or stop and look at the accident because you could cause another collision. Drive carefully and watch for people in the road. Always obey an order from a police officer or firefighter directing traffic at a vehicle collision scene, even if you must ignore normal traffic laws or signs to accomplish this.

When You See a Motor Vehicle Collision

Should you be the very first person at a vehicle collision scene, pull completely off the road, away from the collision. Emergency personnel have to be able to see the collision and stop next to it for quick access to injured persons.

Determine if someone is injured. Search the area for victims who may have been thrown from a vehicle. They can be hidden in tall grass or bushes.

Call 9-1-1. If another person stops to help, ask that person to call 9-1-1.

The individual calling 9-1-1 must be prepared to respond to questions and supply information, including the location of the emergency (cross streets, freeway on/off ramp information) and exactly how many people require assistance (is anyone bleeding, unconscious, or with no pulse).

Don’t hang up the phone! Allow the emergency dispatcher to hang up first.

If at all possible, use flares or emergency triangles. If you find a gasoline leak or fumes, don’t use the flares and don’t smoke!

Help anyone that isn’t already walking and talking. Do not move an injured person unless she or he is in a burning vehicle or perhaps in other danger. Moving someone incorrectly often makes an injury worse.

Move the automobile(s) involved out of the traffic lane if it’s not disabled. Turn off the ignition of wrecked vehicle(s). Don’t smoke! Fire is a great danger.

If you are Involved In A Collision?

In case you are involved in an automobile collision-STOP. If you don’t stop, you may be convicted of a “hit and run” and may be severely punished. Someone could be injured and require help. Call 9-1-1 immediately to report the collision to the police or CHP. You must show your driver license, vehicle registration card, proof of financial responsibility, and current address to the other driver or persons involved in the accident, or any peace officer. Evidence of financial responsibility is usually an insurance provider name and a policy number. If you do not have it, you will get a citation along with a $250 fine.

You must do the following:

Move your motor vehicle off the street or highway if no one is killed or injured. Should you not move your motor vehicle or have it taken off the road or highway, any peace officer or authorized personnel may have your motor vehicle removed and impounded. (CVC §§22651 and 22651.05)

Pull to the side of the road and stop in the event you kill or injure an animal. Look for the owner. In the event you can’t find the owner, call the nearest humane society, police, or CHP. Don’t attempt to move a wounded animal. Never leave an injured animal to die.

Try to look for the owner in the event you hit a parked vehicle or any other property. Identify yourself before you leave. In the event you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle that you are driving) inside the vehicle or securely attached to it. Report the collision without delay to the police or, in unincorporated areas, to the CHP.

Report the collision in writing to the police or CHP without delay if anyone is killed or injured and law enforcement wasn’t present at the scene. In the event the driver of the vehicle involved in a collision is physically unable to report a collision to the police or CHP, any occupant inside vehicle at the time of the collision shall make the report on behalf of the driver.

You or your agent, broker, or legal representative should do the following:

Report the collision by completing a Report of Traffic Accident Occurring in California (SR 1) to the DMV within 10 days when there is in excess of $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.

How Much Insurance are you required to have?

You must be financially responsible for your actions whenever you drive as well as for all motorized vehicles you own. Most drivers decide to have an automobile liability insurance policy as evidence of financial responsibility. If you have a collision not protected by your insurance, your license will be suspended. When the driver involved in the collision is not identified, the owner of the motor vehicle involved will have his or her driver license suspended.

The minimum amount your insurance must cover in the state of California is:

$15,000 for a single death or injury.

$30,000 for death or injury to multiple people.

$5,000 for damage to property caused by one accident.

Reporting a traffic accident to DMV

If you have a collision, report it to the DMV using the SR 1 form. You or your insurance agent, broker, or legal representative must complete the SR 1 report and send it to the DMV within Ten days if a person is injured (regardless of how minor the injury) or killed or property damage is over $750. The SR 1 report is necessary in addition to every other report made to law enforcement, CHP, or your insurance company.

The SR 1 form is available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. The SR 1 form is necessary whether you caused the collision or not, and even if the collision occurred on private property.

Your driving privilege is going to be suspended if you don’t complete a SR 1 form or if you didn’t possess the proper insurance coverage at the time of the automobile collision.

Every vehicle collision reported to the DMV by law enforcement shows on the driving record unless the reporting officer says someone else was at fault. Unless there is a corresponding police report on file that indicates someone else was at fault, every vehicle collision reported by you or some other party in the collision will likely show on your driver record if:

Any vehicle or property involved has over $750 in damage, or

Anyone is injured or dies.

It does not matter who caused the vehicle collision. The law says DMV must keep this record.

California Motor Vehicle Accident Recap

The subsequent information can help you complete the SR 1 form (maintain it in your glove box). Avoid the use of this article instead of filing the SR 1 form.

Your insurance company name and policy number.

Time and date of the accident.

Location of the accident.

NOTE: You have to give your current address and show these documents to any peace officer and person(s) involved in the vehicle collision:

Your driver license.

Your vehicle registration card.

Evidence of financial responsibility which includes your insurance company name and policy number.

Other Party’s (Driver’s) Information:

Driver’s date of birth.

License number and state.

Driver’s name and address.

Vehicle license plate number and state.

Driver’s insurance company name.

Policy number and expiration date.

Policy holder’s name and address.

Vehicle owner’s name and address.

Injuries or property damage.

The Law Offices of Norman Gregory Fernandez & Associates handles car accident cases and other motor vehicle accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call us for a free consultation at 800-816-1529 x. 1.

California Car Accident Attorney Website

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Fleeing hit-run driver injures 5 people, 3 seriously in second crash; Maybe it is time to increase penalties.

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

WOODLAND HILLS, LOS ANGELES – California

A driver fleeing the scene of an accident ended up colliding with two other cars on Ventura Boulevard at Desoto Avenue in Woodland Hills on Saturday.

Police said the driver of a red convertible got into an accident on another portion of Ventura Boulevard. He then took off and continued eastbound, colliding with two other cars that were stopped at a light at Desoto Avenue at around 11:30 a.m.

Five people were injured, three of them critically.

The driver of the car involved in the original hit-and-run accident said the red convertible rear-ended him. He and his daughter were not injured.

This particular accident really hits home for me, because it happened right or I grew up.

I don’t know what’s going on lately but it seems to me that there is a marked increase of hit-and-run drivers, and people fleeing the scene of accidents that their in.

In this particular accident, five people were injured, three critically, because some idiot decided not to stop after they were in accident.

It seems to me if there were mandatory jail sentences for hit-and-run drivers, with sentences being much tougher for hit-and-run drivers, that the word would get out and more people would stop after they’re in a car accident.

Furthermore, I believe that drivers, who were convicted of hit-and-run driving, should lose their driver’s license privileges for the rest of their life. I think maybe with these types of stiff penalties, accidents like this would not happen, and more people would stop rather than flee the scene of an accident.

What do you think?

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

Woodland Hills Car Accident Attorney Website

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Infant Ejected in Rollover Crash

Scene of Rollover Crash in Phelan, California

Scene of Rollover Crash in Phelan, California

PHELAN – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Phelan and Victorville California Car and SUV Accident Attorney Website

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5 People are dead so far in Los Angeles County So Far During Labor Day Weekend

California Personal Injury Lawyer Blog NewsA fiery crash on the 110 Freeway and several other traffic accidents have claimed the lives of five people on Los Angeles County streets and highways so far over the Labor Day weekend, authorities said.

A motorcyclist was killed Sunday in a crash on Topanga Canyon Boulevard near the Pacific Coast Highway about 2:30 p.m., the California Highway Patrol reported. The victim was pronounced dead at a hospital. Investigators were still on the scene, and no further details were available.

Also, a man died early Sunday when he was trapped under a flaming 1971 Chevy Monte Carlo that had been stopped on the shoulder of the southbound 110 Freeway near 52nd Street.

The 2:40 a.m. incident began when the 18-year-old driver of a 2008 Smart car slowed to avoid rear-ending a vehicle directly ahead, swerved onto the right shoulder and struck the Monte Carlo. Both vehicles burst into flames.

The Monte Carlo rolled over and fatally injured one of three men who had been standing near the car after it had broken down, the CHP reported. Two other victims were taken to hospitals, one in critical condition and one with lesser injuries.

The driver of the Smart car sustained scrapes and was arrested on suspicion of second-degree murder and driving under the influence, the CHP said. Names of the suspect and victims were not released.

About 11 p.m. Saturday, a pickup truck driven by a 17-year-old male overturned on the 710 Freeway, killing a female passenger and injuring three others. The accident occurred in the northbound lanes just south of the 91 Freeway, the CHP reported. No names were released.
A 23-year-old man driving a Honda Accord died late Saturday when he hit a power pole and tree on Somerset Ranch Road near Paramount Boulevard in South Gate.

The accident occurred about 10:50 p.m. when the driver exited the 105 Freeway at a high rate of speed, collided with another vehicle and slammed into the pole and tree, said South Gate Police Sgt. Mario Saldivar.

The driver was pronounced dead at the scene. A female passenger was in stable condition at a hospital with minor injuries. No names were released.

And a 43-year-old Irvine man was killed while trying to cross the eastbound lanes of the 101 Freeway after crashing his car near Laurel Canyon Boulevard about 9:40 p.m. Saturday, officials said.

The man had been driving west in a black Lexus when he drifted off the shoulder, struck a guardrail and came to rest in the number one lane, the CHP reported.

He got out of the car, tried to run across the freeway and was hit by a BMW driven by a 76-year-old Encino man. The driver of the Lexus was pronounced dead at the scene. His name was not released. The BMW driver was unhurt.

Last year, only one traffic-related fatality was reported in Los Angeles County during the first 36 hours of Labor Day weekend, according to the CHP. Statewide, the CHP has reported six fatalities so far, compared with eight last year.

In Los Angeles County, 227 people have been arrested on suspicion of drunk driving, up from 209 last year, while statewide, the CHP has arrested 1,008 motorists on that charge, compared with 990 last year.

Traffic-related incidents so far this weekend are also higher than the July 4 and Memorial Day numbers this year, authorities said.
“There was a somewhat downward trend, and we were hopeful that would still be the case because people had gotten the message about safe driving,” said CHP Officer Ming Hsu. “Unfortunately, the numbers we have for this period are spiking.”

If you or your family has been injured anywhere in Los Angeles County or 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

Los Angeles County Car Accident Attorney and California Personal Injury Website

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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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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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Motorcycle passenger killed in Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

MODESTO – California

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

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

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

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

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

Car’s driver was uninjured

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

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

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

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

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

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

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

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

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

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

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

Modesto California Motorcycle Accident Attorney

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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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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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