Tag Archive: Car Accident

Man Arrested in Fatal Car Crash in La Puente, California

Written on September 22, 2008 by in Car Accidents, Damages, Editorial, News, Personal Injury, Wrongful Death

California Fatal Car Accident Attorney and LawyerLos Angeles, California

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

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

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

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

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

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

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

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

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

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

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

California Fatal Car Accident Attorney and Lawyer

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

Written on July 13, 2008 by in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Intentional Torts, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Wrongful Death

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

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

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

What do you do?

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

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

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

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

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

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

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

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

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

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

By California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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Happy Independence Day from The California Personal Injury Lawyer Blog!

Written on July 4, 2008 by in Editorial, News, Off Topic Articles

california personal injury lawyer norman gregory fernandez discusses independence dayFirst off I want to wish everyone a safe and sane Independence Day.Well it is that time of year again; Independence Day, known to others as the 4th of July Holiday.

On this day in the year 1776, the founding fathers of the United States of America proclaimed through the Declaration of Independence, a new nation that was free of it’s allegiance to the British Empire. If you want to read the full text of the Declaration of Independence click here to see an article I wrote last year.

There are many who will celebrate today and tonight by having a barbecue with the friends or family, watching a fireworks show, or setting off your own fireworks, and enjoying an extra day off of work and a long weekend.

Take a moment to contemplate what today; Independence Day is really all about. You see, our founding fathers some 232 years ago, put the lives of themselves and the lives of their families on the line by signing the Declaration of Independence. They were revolutionaries, they were patriots, and to the British traitors. Yes, any one of the founding fathers who signed the Declaration of Independence if caught by the British, most likely would have been tried and hanged for treason against the British Empire.

Our founding fathers put it all on the line so that you can enjoy your barbecue and fireworks celebration in the greatest nation on earth.

Had it not been for the Declaration of Independence and the Revolutionary War fought by many brave souls two centuries ago, we would probably still be British!

Our current military and past military veterans are and continue to put it on the line so that you may continue to be free.

Freedom is never free; it is bought and paid for with the flesh and blood of brave souls. This is why it is so important that we never give up our freedoms!

Have a great Independence Day.

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2008

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Highway 101 reopened after Big Rig Truck Crash in Redwood City, California

Written on June 11, 2008 by in Car Accidents, Damages, News, Personal Injury, Truck Accidents

Law Office of Norman Gregory Fernandez Personal Injury NewsFour people were injured in a crash that closed all but one lane of northbound Highway 101 in Redwood City for about two hours this morning, causing traffic to back up for miles.

The accident involved a big-rig and six cars, according to CHP Officer Grace Castillo. She said those hurt were taken to Stanford Hospital with minor injuries.

The CHP said the crash occurred when the truck, traveling in the far right lane, cut across all five lanes of traffic and crashed at 9:54 a.m. between Marsh Road and Woodside Road.

As it sped across the lanes, the truck hit a gray van traveling in the far left lane. The van was then rear-ended by a Nissan Sentra, Castillo said.

At the same time, a brown Audi A4 in the next lane over rear-ended a gray pick-up truck that had slowed down to avoid the truck, Castillo said. A red Honda sedan that was also in the far left lane was rear-ended by a gold Mazda as the cars tried to avoid the wreck ahead, she said.

The collision left the cab of the truck facing northbound traffic; its two empty trailers sprawled across all but one lane of traffic and the other smashed cars littering the roadway.

About 30 gallons of diesel fuel spilled out of the truck but was cleaned up by Caltrans, Castillo said. The truck was towed away at about 11:45 p.m.

Traffic inched by in one northbound lane until about noon, when all lanes were re-opened. Northbound traffic was backed up as far as Mountain View and southbound rubber-neckers kept traffic slow through San Carlos.

Redwood City Car Accident Lawyer

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

Written on June 10, 2008 by in Car Accidents, Damages, Editorial, News, Personal Injury, Wrongful Death

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

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

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

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

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

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

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

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

Campbell California Car Accident Lawyer

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1 KILLED, 3 INJURED IN SANTEE CALIFORNIA CAR ACCIDENT

Written on June 8, 2008 by in Car Accidents, Editorial, News, Personal Injury, Truck Accidents, Wrongful Death

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

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

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

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

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

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

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

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

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

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

Danielle just hopes that action is taken sooner than later.

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

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

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

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

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

Santee Car Accident Lawyer

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

Written on June 2, 2008 by in Bus Accidents, Car Accidents, Editorial, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Wrongful Death

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

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

What Exactly is the New Law?

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

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

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

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

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

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

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

Will text messaging while driving in California be illegal?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are some other ways to go hands-free?

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

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

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

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

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

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

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

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

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

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

California Car Accident Lawyer

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5 people killed in chain-reaction South Los Angeles, California crash

Written on May 27, 2008 by in Car Accidents, News, Personal Injury

California Car Crash Lawyer Norman Gregory Fernandez discusses a South Los Angeles Car Accident.South Los Angeles, California –

A van going through an intersection barreled into a second van that had sped a red light Monday, causing a fiery six-vehicle collision that killed five people and sent several others to the hospital in critical condition.

The first vehicle hit the speeding van on one side just before 6 p.m. and “made it go airborne,” setting off a chain reaction that left three vehicles ablaze, melted a traffic signal and scattered debris across the intersection, said Karen Smith, a police spokeswoman.

“By the time the van landed,” Smith said, “it was fully engulfed in flames.”

A 12-year-old boy was ejected from a vehicle and pronounced dead at the scene, Smith said. Two other victims of the accident, in the Hyde Park neighborhood of South Los Angeles, were found burned beyond recognition inside a vehicle.

The scene was “hellacious,” said Smith.

Paramedics took 14 people to the hospital, where a 7-year-old and an adult later died of injuries and six were in critical condition, Smith said.

More than 100 firefighters responded to the scene and emergency workers set up a triage area. The identities of the passengers were not immediately released.

Earlier Monday, an SUV tumbled down a steep slope in the Hollywood Hills, killing two people and injuring three others, authorities said.

The vehicle went off the road just before 8 a.m. in Laurel Canyon, said Fire Department spokesman Brian Humphrey. The car plunged between 75 and 100 feet down a hillside and came to rest upside down against a carport.

Humphrey said a man in his 70s was trapped in the vehicle and died at the scene. A woman in her 20s died later after being rushed to a hospital, he said. Three others, including a 1-year-old boy, were taken to Cedars-Sinai Medical Center with various injuries.

Two people were thrown from the vehicle. It wasn’t immediately known who was driving or if the victims were related. The cause of the crash is under investigation.

Los Angeles Car Crash Center

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A 21 Year Old East Bay man has been killed in three-car crash in Berkeley, California

Written on April 24, 2008 by in Car Accidents, Damages, Editorial, Off Topic Articles, Personal Injury, Wrongful Death

Law Office of Norman Gregory Fernandez Personal Injury NewsBerkley, California-

An Emeryville man died early this morning after he was in a three-car crash on Interstate 80 early, the Alameda County Coroner’s Office said.

Eric Fernandez, 21, was involved in a three-car collision on eastbound I-80 near Ashby Avenue around 12:05 a.m., according to the California Highway Patrol.

The crash involved a van, sedan and an undisclosed vehicle, the CHP said.

CHP reports say that Fernandez was initially trapped after the accident, and once he was freed by emergency personnel he was taken to a local hospital, where he died.

If you or a loved one has been in a car accident in the San Francisco Bay Area, including Berkeley and the East Bay, you will want to talk to an expert car accident lawyer about your car accident case. You may give us a call at 800-816-1529 7 days a week, 24 hours a day for a free legal consultation or check out the California Personal Injury Center by clicking here now.

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A Carpinteria woman suffered major injuries when her car went down an embankment.

Written on April 9, 2008 by in Car Accidents, News, Personal Injury

Law Office of Norman Gregory Fernandez Personal Injury NewsCARPINTERIA, California

The CHP says a Volkswagen Jetta driven Penelope Ayala, by crashed on the off ramp to Sheffield Drive from the northbound Highway 101 in Summerland at about 1:45 p.m., April 7, 2008.

CHP Officers stated that the car swerved from side to side, ran off the roadway, and fell 30 feet, landing on its roof. It then slid until it hit a tree.

The driver had to be extricated from the vehicle. She was then taken to Cottage Hospital for her injuries.

California Personal Injury Center

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Types of Personal Injury Cases We Handle In California.

Written on April 7, 2008 by in Assault and Battery, Bus Accidents, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Wrongful Death

The Law Offices of Norman Gregory Fernandez handles many types of personal injury cases throughout CaliforniaMy law firm handles most types of personal injury cases throughout the State of California.

We have offices in Southern California and Northern California, and can come to you to sign you up for most personal injury cases, so that you do not have to waste gas driving to our office.

We like to make things convenient for our clients.

If you have had a California Personal Injury including but not limited to: Car Accidents, Motorcycle Accidents, Dog Bites, Wrongful Death, Product Liability, Truck Accident, Brain Injury Lawyers in California, CA Motorcycle Accident Law Firm, California Seat Belt Injury Attorneys, California Food borne Illness Lawyers, Truck Accident in California, 15 Passenger Van Rollover in California, CA Auto Product Liability Law, Auto Accidents in California, California Bus Accidents, California Train Accidents, Pedestrian Accidents in California, Seatback Failure, Roof Crush, Dog Bites, Nursing Home Abuse, On-the-job Injuries in CA, California Swimming Pool Accidents, California Slip, Trip and Fall, Wrongful Death, CA Aviation Accidents, Watercraft Injury in California, Toxic Chemicals, Asbestos Poisoning, California Premises Liability, Products Liability in California, CA Failure to Warn of Dangers, California Amusement Park Accidents, California Medical Malpractice, Legal Malpractice in California, California Child Car Seat Injury, Construction Accidents, Catastrophic Injuries, Funeral Home Abuse, California Wrongful Death, give us a call now.

We are aggressive personal injury lawyers located in California. We will see to it that you get quality medical care, and work aggressively to get you the highest possible monetary compensation via settlement or by judgment at trial.
Call us 7 days per week, 24 hours per day at 800-816-1529 ext. 1.

By Norman Gregory Fernandez, Esq., © 2008

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California is Cracking Down on Uninsured Motorist! How Being Uninsured Hurts your Personal Injury Case.

Written on December 4, 2007 by in Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

California Car Accident Lawyer Norman Gregory Fernandez discusses the harsh penalties in California for driving with no insuranceBig brother is not playing games anymore. The State of California has implemented a system whereby as of October 1, 2006, the DMV begin a systematic review of the 22.4 million private cars, light trucks and motorcycles registered in the state.

If your motorcycle, car, truck or other motor vehicle is found to be uninsured you will get a 30 day warning letter. If you fail to get insurance after that the State will suspend you registration. If you are found to be driving without a proper registration, your car can be seized by the State, and you can face fines of up to $1,000.00.

This is no joke folks. If you are driving around without insurance you will eventually be dinged.

Furthermore, insurance providers are now required by the State to notify the DMV if your insurance is cancelled or expired.

What does this mean to you? It means if you are driving around with no insurance you are screwed. The State will eventually catch up to you. The days of buying insurance to get your registration and plates, only to cancel one month later are over.

If you get into a motorcycle, car or other motor vehicle accident and have no insurance, you face losing your drivers license for up to a year, fines of up to $2,000.00, and the possibility of being hit with a civil judgment which requires you to pay for the damage you have caused.

The minimum liability insurance requirements in the State are presently $10,000.00 for property damage, $15,000.00 per person, and $30,000.00 per occurrence.

The purpose of the law is to supposedly make it fair to the people that do pay for insurance, and to drive down insurance rates. I agree that it is not fair that law abiding citizens pay for insurance while 15% of the people in the State do not, however, and as usual, the insurance companies will make out like bandits with this new law. I doubt seriously that insurance rates will go down.

As a personal injury lawyer I can tell you that it pains me to see someone get hit by an uninsured motorist so it is good that the State is cracking down on this issue. However to be really fair the State should force the insurance companies to lower their rates in return for this law.

There is one other thing to note; if you are uninsured and you get into an accident that is not your fault, no will only be able to recover out of pocket losses and that is it! You will legally not be able to get compensation for pain and suffering, loss of enjoyment of life, and emotional distress, otherwise known as General Damages!

To add insult to injury you could lose your drivers license for 1 year and have to pay up to $2,000.00 in fines for driving without insurance.

The bottom line; get liability insurance. The cost of not having insurance is much greater than the cost of getting insurance. If you cannot afford liability insurance; do not drive!

By Norman Gregory Fernandez, Esq. © 2007

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Car, Motorcycle, Truck, and other Motor Vehicle Cases in California; The Burden of Proof.

Written on December 3, 2007 by in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

California Car Accident Lawyer Norman Gregory Fernandez discusses car, motorycle, truck, and other motor vehicle accidentsI get many calls from many victims of Car, Motorcycle, Truck, and other Motor Vehicle accidents. The vast majority of drivers in California will eventually get into some kind of motor vehicle accident in their lifetime, whether it be a small fender bender or a major accident. What most non lawyers do not know is there is a vast and complicated process of obtaining maximum monetary compensation for your accident. I have written many articles on why it is so important for you to retain a lawyer just as soon as possible if you are in a car, motorcycle, truck, or other motor vehicle accident. You can read them on this blog and on my personal injury website by clicking here. The purpose of this article is to discuss the burden of proof in motor vehicle accidents. Most non lawyers think; “oh I was rear ended; I will automatically get money,” etc. This is not the case, and this is why it is so important for you to retain a lawyer for your case!

(1) Liability; who is at fault in your car, motorcycle, truck, or other motor vehicle accident in the State of California?

This is the first major issue that needs to be addressed to obtain compensation in a motor vehicle accident in California. It boils down to who is at fault in an accident. You need to be able to prove by a preponderance of the evidence that the defendant as at fault in your case. Just because you are not at fault in an accident does not mean you will collect money, or the just compensation that you are entitled to!

Furthermore, in the State of California, we have what is called comparative fault. What this means is that a jury can apportion a percentage of fault to each person in a case. As a plaintiff in a car, motorcycle, truck, or other motor vehicle accident you will need to show that a defendant is more than 50% at fault or liable.

(2) Damages; Special and general damages. Damages must be reasonable, reasonably ascertainable, and a plaintiff has a duty to mitigate damages. Damages must be proven by a preponderance of the evidence.

Although liability is the key to getting a settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident in California, damages will determine how much compensation you will receive in a case.

Special damages are out of pocket losses and expenses that result from an accident. General damages are non out of pocket losses such as pain and suffering, loss of enjoyment of life, emotional distress, etc.

In order to obtain a just settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident, liability and damages must be proven by a preponderance of the evidence. There are other issues such as Proposition 213 in the State of California that restrict non insured motorist from obtaining general damages in a motor vehicle accident.

I have seen too many instances of victims of motor vehicle negligence call me up after they have damaged their case by trying to do it themselves. There is a saying, only a fool has himself for a client. The insurance adjusters know that if you are calling them on the phone without legal representation that they are dealing with someone who has no clue what they are entitled to or how to prove it.

Do yourself a favor; if you have had any type of motor vehicle accident anywhere in California, give us a call at 800-816-1529, we will give you a free consultation.

By Norman Gregory Fernandez, Esq., © 2007

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When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

Written on July 17, 2007 by in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Trip and Fall, Truck Accidents, Wrongful Death

California Personal Injury Lawyer Norman Gregory Fernandez discusses egg shell skull theory.Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.

Pre-Existing Conditions

I do many personal injury cases where a person suffers an injury due to the negligence of another, and the injury is actually diagnosed as a condition that existed prior to the accident, but was exacerbated or became symptomatic after the injury accident.

Many people who have pre-existing conditions learn to live with their conditions, are pain free notwithstanding their conditions, or have minimal discomfort due to their conditions. Some may even have a large amount of pain or loss of mobility due to their conditions.

These people are entitled to recover for their losses just like anyone else who is injured in a Personal Injury accident that is not their fault. Crafty insurance company adjusters and insurance company lawyers will try to limit their liability by claiming that the injured person was not injured at all in an accident, and that they had a pre-existing medical condition which cuts off or limits their liability.

Some persons with pre-existing medical conditions may not even seek legal advice or retain a lawyer after they are injured, because they figure that they already had the condition before the accident in the first place. This is a huge mistake.

The bottom line is that any person who is injured due to the negligence of another, and who has a pre-existing medical condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing medical condition or disability is made worse or symptomatic as a result of the accident you are entitled to recover.

It takes a good personal injury lawyer, who knows the law to get you what you are entitled to.

If you have suffered a personal injury, you can check out my personal injury website by clicking here, for valuable information on these types of cases.

If you would like a free consultation on your California personal injury case you may call me at 818-584-8831, go to my website at www.thepersonalinjury.com and click on the Free Case Evaluation Link, or you may email me at law@norman-law.com. I will tell you for free what I think of your case, and whether I can help you.

By Norman Gregory Fernandez, Esq., © 2007

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Don’t be a Fool; If you have are involved in a Car, Motorcycle, or Other Motor Vehicle Accident, Call a Personal Injury Lawyer As Soon As Possible!

Written on July 15, 2007 by in Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

the frustration of California Personal Injury Lawyer Attorney Norman Gregory Fernandez by people trying to settle injury accidents without a lawyerI cannot tell you how sick it makes me feel when someone calls me after they have been in a car, motorcycle, or other motor vehicle accident, after they have already allowed themselves to be screwed out of the money that they are entitled to by a savvy insurance company adjuster.

I just gave a consultation today to a person (sex and name removed for privacy) who was involved in a serious car accident with serious injuries. This person was driving a brand new $40,000.00 car that was hit so hard that frame damage was caused to the car.

They were also seriously injured in the accident, and are still treating for their injuries. What did this person do? They signed a settlement agreement for the bodily injury portion of their case for $750.00, which only allows for 3 months worth of medical treatment and/or a total of $3,000.00 in medical treatment; that is it. They got $750.00 and an allowance for only 3 months or 3k in medical treatment. They got royally screwed!

They called to see if I could get them out of the settlement which they had signed. They also wanted to see if I could help them force the insurance company to pay for the fair market value of the car of the new car that suffered frame damage, rather than them being forced into accepting a repair of a car that has suffered frame damage.

I absolutely could not believe it. The person who called me is basically shit out of luck. It would be almost impossible to get the rock solid settlement agreement with the insurance company set aside. They called me too late.

I do the property damage portion of personal injury cases for free minus cost and expenses that I incur in getting the property damage portion of the case settled. I recover cost and expenses for property damage settlement at the end of the case. I do this as a service to my clients so that they can get their cars fixed or so that they can get another car to replace one that has been totaled. How can someone get their car repaired or replaced if a personal injury lawyer takes a percentage of property damage? Do not sign up with any personal injury lawyer that would take a percentage of your property damage loss!

The real money in an injury case is the bodily injury portion of the case, and not the property damage portion of the case. I cannot and do not feel that it is appropriate for any personal injury lawyer to take a percentage of property damage claims; so I don’t. I actually want to help my clients.

You can read the articles that I have written about personal injury cases at my personal injury website by clicking here now, or you can go directly to www.therpersonalinjury.com which is my personal injury website.

What is wrong with people out there? I know that for some reason whether it be political or other reason, that people call us personal injury lawyer’s ambulance chasers. There is such a negative stigma about personal injury lawyers, that someone like the person I gave the consultation to today would screw themselves out of what they are entitled to rather than call a personal injury lawyer for help. It absolutely makes no sense to me. Do they honestly think that an insurance company has their best interest at heart? No way, they are in business to make a profit, not to help you!

I can tell you right now that I am no ambulance chaser. My job as a personal injury lawyer is to get my client’s what they are entitled to if they are injured due to the negligence of another. I do not chase clients; they come to me when they are in need of help. Beware of any lawyer that calls you after an accident trying to get you to sign up with them; these lawyers are in fact ambulance chasers! If you need my help, simply give me a call. I will tell you over the phone FOR FREE what I think of your case. A good personal injury lawyer does not have to chase cases; the cases will come to them if they are good. I do not want to sound egotistical; but I am good at what I do, that is why people call me for their personal injury cases.

The poor person that I spoke to today has no clue what the true nature and extent of their injuries are, how much their medical bills will be, and they allowed themselves to be conned into signing a rock solid settlement agreement in return for basically a nothing settlement.

I told this person that the insurance company adjuster was probably laughing as they got them to sign the settlement agreement, because they knew they had a sucker who was not represented by counsel. The insurance company adjuster will probably get a raise for this settlement!

Now I must state for the record that not all personal injury lawyers are created equal. There probably are personal injury lawyers that do take a percentage of whatever they recover for you for property damage and all other aspects of the case. I do not do that. There probably are some personal injury lawyers out there who are bad apples and who will not take cases to trial if necessary. I am not one of them.

If you have been the victim or a car, motorcycle, or other motor vehicle accident here in California give me a call AS SOON AS POSSIBLE. Do not be a sucker like the person who called me today. Remember; any information that you give the insurance company can be used against you in your case. Call me first.

Some may look at this article as an advertisement for my personal injury practice. This article may in fact be an advertisement. However, I genuinely care about my clients and want to help them to the best of my ability. I am writing this article out of frustration more than anything else. I am sick and tired of people calling me after it is already too late.

Do yourself a favor; go to my personal injury website and read the articles that I have written on the subject. If god forbid you are in an accident maybe you won’t be a sucker like the poor person I talked to today. There is nothing worse than my having to tell someone that there is nothing I can do for them.

My firm has offices in Chatsworth, Norwalk, Van Nuys, and San Francisco, California. We handle personal injury cases throughout the State of California. If you are hurt in an accident give me a call at 818-584-8831 extension 1, or go to www.thepersonalinjury.com for more information. I will send my investigator out to you to sign you up so that you do not have to worry about coming into the office.

The only thing you have to lose by not calling is the money that you are entitled to in an injury accident that is not your fault! No personal injury lawyer can ethically guarantee the outcome of a case and that goes for me as well. However, I can guarantee that my firm will work our butts off to get you as much money as possible for you in your case.

For those of you who want to go at it alone without a personal injury lawyer on your side; good luck, you will need it.

By Norman Gregory Fernandez, Esq., © 2007

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