Tag Archive: california

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

Metrolink commuter train crash in Los AngelesLOS ANGELES — California

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

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

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

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

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

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

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

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

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

In recent years Metrolink has experienced several major crashes.

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

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

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

California Train Accident Attorney and Metrolink Accident Lawyer Website

Share

March 21, 2010, a Historic Day; Health Care Reform is Passed and will Soon Become Law.

Health Care Reform is now the law of the land.Whether you are for, or against health care reform, one thing is certain, health care reform will become law of the land.. The House of Representatives passed the Senate version of Health care reform last night, and President Obama is expected to sign this bill into law. The House also passed a bill which seeks to modify or fix the original bill, which if passed by a majority vote in the Senate, will also become part of the health care reform bill.

As you can see the country has not come crashing down, the sun has risen. (Except if there is bad weather in your part of the country) America is a great country, and we have just become even greater.

Many of you probably already have read my previous article on supporting health care reform here. You can also read the truth about the health care reform from the official government website here.

I am not going to go into the politics of this historic bill, I will just say this; it now appears that immediately children can no longer be denied health insurance due to pre-existing conditions, parents will now be able to keep their children on their health insurance plan to the age of 26, and senior citizens who need prescriptions will now be able to get medications which are presently not covered.

In 2014, the ban on denying coverage to individuals with pre-existing conditions will take affect for all. Insurance companies will no longer we able to deny anyone from getting insurance just because they have a pre-existing condition. Furthermore, insurance companies will no longer be able to terminate someone’s insurance, just because they become sick and actually need to use their medical insurance. Furthermore, there is no more life time cap on insurance, 30 million uninsured American’s will now get medical insurance. On top of that, individuals and small business will be able to join pools of others to buy low cost insurance.

When a Senator who promised to kill health care reform was elected in Massachusetts, Anthem Blue Cross, the largest health care insurance company in the nation, told Californians with individual plans that their insurance rates would increase by 39% this year. I think this is what broke the camels back so to say. I thank Anthem Blue Cross and their greed for helping us to get health care reform.

Basically we have told the medical insurance companies to go screw themselves. They tried like hell to prevent this reform from passing. Hell there was a doomsday commercial message every commercial break on CNN, MSNBC, and FOX news for the past week. We even heard members of a certain political party claim that our nation was not good enough to ensure that all of us have health care, just like other industrialized nations in the west.

It does not matter if you are a Republican, a Democrat, and independent, or other, you or your family too will benefit from health care reform. Because you see the health care industry abuses that are happening right now do not care what political party you are from. When you are sick and shit out of luck with no insurance or no way to see a doctor, you political views, or voice don’t mean anything. All that matters is getting you or a family member better.

The reform bill is not perfect. I believe that there should be a public option as well. However, this will do for now.

In this economy where millions of Americans are out of work, or working in jobs that give them little or no health care, our nation is coming through. In a few years you will no longer have to look in the mirror and wonder how you are going to see a doctor if you get sick. Hallelujah.

By Norman Gregory Fernandez, Esq., © 2010

Share

A Bus hits and kills Horse in Morgan Hill, CA

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

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

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

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

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

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

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

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

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

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

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

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

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

 Morgan Hill Bus Accident Attorney

Share

Two Accidents snarl Highway 101 traffic in Novato, California

Novato California car accidentJust minutes after the roadway on northbound Highway 101 was cleared when a big-rig overturned early Monday morning – snarling traffic for several hours – a second four-vehicle wreck in Novato jammed traffic in the same direction.

The second accident occurred at 11:38 a.m. just north of Atherton Avenue and blocked the two left lanes, said Officer Peter Van Eckhardt of the California Highway Patrol.

The wreck involved blue and silver pickup trucks, a small sedan and a gold Lexus. The sedan was lodged under the blue truck, trapping two people, Van Eckhardt said. They were transported to a local hospital; additional details were unavailable.

The single-vehicle big-rig accident at 6 a.m. blocked one lane of traffic that remained closed till 11:30 a.m. while workers emptied a load of vegetables, Van Eckhardt said.

The accident occurred when the Save Mart Supermarkets big-rig overturned just north of San Antonio Road, Van Eckhardt said. The cause of the wreck was under investigation.

The driver suffered minor injuries and was taken to Santa Rosa Memorial Hospital, Van Eckhardt said.

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

Novato California Truck Accident and California Car Accident Website

Share

California Highway Patrol: Is Your Car Ready For Severe Weather?

California Highway Patrol: Is Your Car Ready For Severe Weather?Winterhaven – California

Experts say it’s very important to make sure that your car is ready for severe weather.

Experts say now is the time to make sure that your car is properly maintained and equipped for inclement weather. According to the Winterhaven California Highway Patrol, accidents in the Desert Southwest increase during rain and other bad weather. That’s why officers encourage you to leave yourself extra time when driving in bad conditions, and don’t follow too closely.

It’s important to make sure you have plenty of tread on your tires, and that they’re properly inflated. Officers say it’s also important to make sure that you have adequate windshield wipers and an appropriate emergency kit if your car breaks down.

Following an accident, officers ask that you pull to the side of the road, make sure that those involved in the accident are ok, and call the proper authorities.

Officer Steven Gronbach with the Winterhaven CHP Office says there are several reasons why people get in accidents during bad weather.

“Excessive speed, things of that nature, following too closely, sometimes the water will build up on the roads, and if it hasn’t rained, especially here in the desert for quite some time, oil will build up and cause a slick environment,” said Gronbach.

Officials say the most important thing you can do to keep yourself safe is wear your seatbelt.

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

California Motor Vehicle Accident Attorney Website

Share

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

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

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

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

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

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

Bradley has been close with the family for years.

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

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

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

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

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

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

Woodville California Car Accident Attorney

Share

SUV overturns in Highway 101 Crash in Oxnard California, hurts 7 bound for CLU swim meet

Oxnard California Truck Accident AttorneySeven people were injured, including four Washington state residents, when a SUV rolled over Thursday afternoon while going south on Highway 101 near Vineyard Avenue in Oxnard.

The accident was reported about 1:45 p.m., said Steve Reid, a spokesman for the California Highway Patrol in Oxnard.

The seven, and an eighth person who was not injured, were on their way to a swim meet at California Lutheran University when the vehicle they were riding in overturned into the dirt portion of the highway’s center divider, Reid said.

The incident started after a tanker truck traveling in the same direction tried to move from the third to the second lane, Reid said, causing the driver in the second lane to swerve into the first lane, where the SUV was.

Reid said Kyle Homad, the 23-year-old Seattle man driving the SUV, lost control of the vehicle and it overturned, landing on its side.

Homad received minor injuries, including cuts to his face, the CHP reported. He was taken by ambulance to St. John’s Regional Medical Center in Oxnard.

Six of the seven people riding with Homad also received minor injuries, Reid said.

Everyone in the vehicle was wearing a seat belt.

While the vehicle that swerved to avoid the tanker truck stopped at the scene, the truck continued south on 101.

Anyone who saw the accident is asked to contact the Ventura CHP at 805-477-4100.

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

Oxnard California Truck Accident and Car Accident Attorney

Share

New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

Share

California Highway patrol says 12 dead in California traffic accidents

SACRAMENTO, California

The California Highway Patrol says 12 people have died in accidents statewide over the Christmas holiday weekend, one more than in 2008.

Of the 10 vehicle occupants who died in the CHP’s jurisdiction between Christmas Eve and noon Saturday, half weren’t wearing seat belts. A motorcycle rider also died, the CHP says. The twelfth victim was handled by local law enforcement officials.

Last year, 11 people died statewide in Christmas holiday accidents.

The highway patrol says drunken driving arrests are up, from 409 in 2008 to 549 this year.

The holiday weekend continues through Sunday night.

California Traffic Accident Attorney Website

Share

Highway 126 collision sends 12 people to hospital in Ventura County

12 People injured in Ventura County Car AccidentTwelve people were transported to area hospitals, four of them with major injuries, after an accident Saturday night on Highway 126 near Santa Paula.

The accident occurred about 6:30 p.m. east of Toland Road when Alex Rojas, 26, of Santa Clarita lost control of the sport utility vehicle he was driving while attempting to pass the vehicle in front of him by moving into another lane, the California Highway Patrol said.

Because of unsafe speed and the rain-slicked roadway, Rojas could not maintain control and drifted back into the other lane, striking the vehicle he had just passed, officers said. That sent his vehicle spinning across the center median and into the eastbound lane, where it was broadsided by a truck driven by Maria Troncoso, 29, of Oxnard as she attempted to brake to avoid the collision, authorities said.

Rojas’ passenger, Diana Gutierrez, 22, of Palmdale, was ejected from the vehicle, the CHP said. Gutierrez was not wearing a seat belt and suffered major injuries, including a collapsed lung and lacerated spleen.

Troncoso also suffered major injuries, as did a 9-year-old boy riding in her vehicle and a 2-year-old boy riding in Rojas’ vehicle. Troncoso’s injuries were described as a broken leg and chest pain, while the 9-year-old boy, Angel Troncoso, sustained internal injuries and a facial fracture.

The 2-year-old boy riding in Rojas’ vehicle, Jaden Rojas, sustained a broken right leg and a facial fracture.

Both of the seriously injured children were transferred from hospitals in Ventura to major medical centers in Los Angeles. Nursing supervisors said Angel was transferred from Community Memorial Hospital to UCLA and Jaden from Ventura County Medical Center to Childrens Hospital, but no information on their conditions could be obtained Sunday night.

Gutierrez was listed in stable condition at Ventura County Medical Center Sunday evening. Maria Troncoso was treated and released from Community Memorial, a nursing supervisor said.

Others sustained moderate or minor injuries and were treated at local hospitals. Four others were uninjured. The accident is under investigation.

If you were injured in this accident or know of a relative who was injured, you may call my law firm for a free consultation at 800-816-1529 x.1.

Ventura County Car Accident Attorney and Lawyer Website

Share

Bad weather in California causing hundreds of Car, Truck and Other Motor Vehicle Accidents; Be Careful.

California Personal Injury Attorney and Lawyer Norman Gregory FernandezAs all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.

There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.

Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.

To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.

If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

Share

BREAKING NEWS: Man killed crossing Lake Isabella Blvd. identified

Kern County Fatal Truck v. Pedestrian AccidentThe Kern County Coroner’s Office has identified James T. Kelly, 69, of Lake Isabella, as the person struck by a pickup truck Friday evening about 6:30 p.m., when, according to witnesses, he attempted to cross Lake Isabella Blvd. in his motorized wheelchair.

The incident occurred in the 6100 block of Lake Isabella Blvd., in Lake Isabella, near West America Bank to the east and Shady Lane Saloon to the west. The stretch of roadway is not particularly well lit.

Witnesses said the victim, known to most as “Kelly”, was a disabled veteran frequently seen in the area. First responders administered CPR to Kelly, who was unconscious in the roadway, prior to his being transported by ground ambulance to Kern Valley Hospital, where he was pronounced dead.

Anyone with information that will assist authorities in locating Kelly’s next of kin is asked to contact the Coroner’s Office at 661-868-0100.

If you or your family have suffered from a pedestrian accident or wrongful death anywhere in the State of California, you may call our law firm a free consultation 7 days a week, 24 hours a day at 800-816-1529 x. 1.

Kern County Pedestrian Accident Attorney and Kern County Wrongful Death Attorney

Share

Julian California man, Age 53, killed in head-on crash that was not his fault.

Santa Ysabel Fatal Car AccidentA 53-year-old Julian man died Friday in a head-on collision on state Route 78 between Ramona and Santa Ysabel.

The accident occurred about 11:15 a.m. when a Dodge truck driven by Justin Jones, 20, of Ranchita, California, drifted onto the right shoulder of the westbound lane, the California Highway Patrol said. Jones overcorrected, crossed the double-yellow line and smashed into a Ford truck traveling east, police said.

The driver of the Ford died at the scene. Authorities said it appears he wasn’t wearing a seat belt. The CHP withheld his name pending family notification.

Authorities said Jones suffered “moderate injuries” and took an ambulance to Palomar Medical Center. He does not have a valid driver’s license, the CHP said.

Neither drugs nor alcohol played a role in the crash, according to the initial investigation. No arrests were made.

Santa Ysabel Car Accident Attorney and Wrongful Death Attorney Website

Share

Hospital misplaced Baby’s Body for Days

Sacramento Medical Malpractice AttorneySacramento – California

A premature baby, born at 20 weeks, died just two short hours after entering the world. Shortly after; baby Autumn’s body was lost at Kaiser Permanente and was not found for six days, as reported by CBS 13.

As the parents of baby Autumn were making the heart wrenching funeral arrangements, representatives of Kaiser alerted the grieving parents that the hospital somehow lost track of their baby girl’s body. For six agonizing days, Autumn’s family was left wondering what happened to their little girl. Hospital officials then told the family that her body was found in a pathology department refrigerator and was somehow mistaken of an ice pack.

A spokesperson for Kaiser released a statement saying, “Due to patient privacy laws we are not able to discuss the details of any individual patient matter. In a case such as the one described we would offer our sincere apologies, work around the clock to investigate every possible avenue that could lead to an explanation and resolution of such a painful situation, and reach out to those involved to offer comfort and support. Our heart would go out to any family for the pain they would suffer and the additional burden a situation like this would place upon them. We would not rest until we understood exactly what occurred and had taken steps to prevent it from ever happening again.”

California Medical Malpractice Attorney Website

Share

Stroller Company announces major safety recall; Maclaren umbrella strollers pose risk of injuries to children’s fingers

Maclaren umbrella strollers are being recalledMaclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children’s fingers. A side hinge mechanism poses the risk of cutting or amputating a child’s fingers when the stroller is being opened or closed, the British company said Monday.

The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.

The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.

Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.

Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.

If your child has been injured while you were using a Maclaren umbrella stroller give us a call for a free consultation at 800-816-1529 ext. 1.

California Products Liability Attorney & Defective Product Causing Injury Attorney

Share