Tag Archive: case in california

The Victim of head on car crash in Southern California mourned.

Wrongful Death Victim David Norman ReidFriends, family and students are mourning the loss of a 50-year-old father who was killed Friday in a head-on crash near Steele Canyon High School, where he often volunteered for his kids’ drama productions.

He was identified by the Medical Examiner’s Office Saturday as David Norman Reid, who lived with his wife and family in Spring Valley, California.

Reid was driving a Dodge Caravan east on state Route 94 about a mile west of the school when the driver of a Ford Mustang crossed over the double-yellow line and collided with him head-on, the California Highway Patrol said.

Reid’s 17-year-old son, who was in the passenger seat, suffered serious injuries and underwent surgery Saturday, said the school’s assistant principal, Jeff Kover.

The driver of the Mustang, former student Andrew Bellatti, 18, and his 16-year-old female passenger, a current student, also were injured. They were reportedly released from the hospital Saturday.

It was unknown why Bellatti had crossed into oncoming traffic, but investigators said speed was a factor.

The speedometer on the Mustang was frozen at about 80 mph, said CHP Officer Brian Pennings. He said there was no indication that Bellatti had been racing, or that drugs or alcohol were a factor in the accident.

The road was wet, but it was not raining at the time, he said.

Reid’s son followed in his older sister’s footsteps by joining the charter high school’s drama club, and their parents became well-known volunteers over the past several years.

Reid did everything from building sets and chaperoning to serving at concession stands during plays.
“He’s easily one of the nicest guys you could meet. He always had a good joke or story,” Kover said. “He was there any time we had an event going on, a production or a show. They were always helping out.”

High school records show that Bellatti, who graduated last year, was a pitcher and first-baseman on Steele Canyon’s baseball team. He signed with the Tampa Bay Rays after turning down a scholarship offer to Cal State Fullerton.

Last summer, Bellatti pitched for Tampa Bay’s rookie team in the Gulf Coast League. Professional baseball’s spring training begins next month.

It would appear from the basic facts of this case that the driver of the Mustang was speeding way over the speed limit when he crossed into oncoming traffic and is most probably responsible for the wrongful death of David Norman Reid. We at the California Personal Injury Lawyer Blog send our prayers and condolences to his family.

If you or your family has suffered through the wrongful death of a loved one, you may call our office for a free consultation at 800-816-1529 x. 1.

San Diego Car Accident Lawyer and San Diego Wrongful Death Attorney Website

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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

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Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform is a ScamWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

 I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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What To Do After A California Motor Vehicle Accident.

What to do after a California Motor Vehicle AccidentOver my years of practicing personal injury laws one of the most common questions I am asked is “What should I do after I am involved in a motor-vehicle accident?”

You feel the impact and hear the crunching of metal, then the accident is over. You lived through the few seconds which seemed like an eternity as you awaited your fate. You take a deep breath and check to see if you are still in one piece. Then comes the thought of “What do I do now?”

1. Call the police. The police should be called to the scene of any accident. They will need to collect the information from both drivers as to license, registration, and insurance. They will speak to each driver as to their account of how the accident occurred. They will complete an accident report detailing all the above information including the facts and potential causes of the accident. The report will be available at the precinct several days after the accident. You should obtain a copy of the police report as soon as possible. They will obtain the names, addresses, and statements of any witnesses to the accident. You should wait for the police to arrive and not discuss the accident with anyone until then. While waiting for the police to arrive, if you are able to do so, you should exchange information with the other driver. If anyone identifies themselves as a witness, try to get his or her name and phone number. If you have a camera or a cell phone with a camera feature and are able to do so, take pictures of the accident scene.

2. Seek medical attention if injured. Some injuries sustained in auto accidents are readily apparent while others may develop over the next few hours or days. If in doubt as to the seriousness of your injuries, it is wise to request an ambulance and to be taken to a hospital to allow a medical professional to evaluate your injuries. If your injuries do not seem that serious, then you can always call your own doctor and make an appointment to be examined. Quite often accident victims will feel just minor aches at the scene but will wake up the following morning with considerable pain. It is always advisable to see a physician to obtain a proper evaluation of your condition.

3. Receive ongoing medical care. Many times an injured accident victim will require ongoing medical care. This may require diagnostic tests such as MRI, EMG, and X-rays which will assist your physician is diagnosing your condition. Your physician will help you determine your medical needs.

4. Contact my personal injury attorney law firm. We can advise you as to your legal rights when you are involved in an accident. We can assist you in making sure that all your medical expenses are paid and in making a claim to compensate you for the pain and suffering you sustained in the accident. You should contact us as soon as practicable after the accident by calling 800-816-1529 x.1.

5. Report the accident to your insurance company. You are required to report the accident to your insurance company within a reasonable time following the accident. You should be wary of accepting any type of settlement offers from any insurance company before speaking with your attorney.

There is no question that being involved in an accident is an overwhelming experience. If you follow the steps that I have set forth it will assist in making sure that your health and your rights are protected.

 The Law Offices of Norman Gregory Fernandez & Associates and Norman Gregory Fernandez has been practicing personal injury law for many years. The firm handles car accident cases and other personal injury matters all over California. For a free consultation, please call 800-816-1529 or you may visit our main personal injury webpage at www.thepersonalinjury.com.

 California Car Accident Attorney Website

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Vehicle collides with school bus carrying children in Ontario, California

Ontario, California Bus Accident and Ontario, California Car Accident AttorneyOntario – California

A school bus carrying about 15 students crashed into a tree after it was hit by a vehicle that ran a stop sign, according to the California Highway Patrol incident log.

None of the child passengers were hurt, CHP dispatchers said, but the bus driver was injured.

The traffic collision, which blocked the intersection, happened about 4:05 p.m. near San Antonio Avenue and Phillips Street in Ontario, California.

Ontario police officers detained one person and later made an arrest, but no other information was available.

In my personal experience, kids usually do not feel aches and pains immediately after an accident such as this, especially on a school bus. I hope that the kids are all uninjured.

If you or your family have suffered an injury in a school bus, or other type of motor vehicle accident anywhere in California, you may call our California Accident Hotline for a free consultation at 800-816-1529 ext. 1.

Ontario, California Bus Accident and Ontario, California Car Accident Attorney

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Bus Driver is convicted in Colusa gambler bus crash; Charter Bus Safety Act, AB636

Quintin Joey WattsDriver Quintin Joey Watts faces a maximum of 76 years in prison for his role in the gambler’s special bus crash that killed 11 passengers on their way to Colusa Casino Resort last year.

A jury of six men and six women deliberated for three hours Thursday before convicting Watts of 11 counts of gross vehicular manslaughter and 21 counts of causing great bodily injury, stated the Colusa County District Attorney today.

“I believe this is the first case in California of gross vehicular manslaughter based strictly on sleep deprivation,” said the DA. “There was no alcohol, no drugs, no medication in his system, it was simply exhaustion.”

Watts, 53, had slept no more than three or four hours in the 27 hours prior to the Oct. 5, 2008 Sunday night crash on a rural road, the DA said.

Watts repeatedly told investigators, “I was hecka tired,” the DA stated.

“On the day before the accident, he got up at 4:40 a.m. and didn’t go back to bed until 4 a.m. and got up an hour or two later,” stated the DA.

Watts was on his third casino run in a day-and-a-half when he fell asleep at the wheel, three witnesses said.

One was Chouangseng Saechao, 48, “who was very badly hurt and had almost every bone broken in her body,” stated a case worker at Lao Family Community Development who is helping some of the 23 passengers who were injured in the crash.

“I’m happy he’s been convicted and will be in jail forever, but I feel very sad I have to carry this injury forever,” Saechao said through her case worker. “Any bus driver has to be checked and has to be a good driver.”

The California Legislature has passed The Charter Bus Safety Act, AB636 — sponsored by Assemblyman Dave Jones (D-Sacramento) — which will revoke operating permits of bus companies operating without proper permits or qualified drivers. The bill will suspend unlicensed bus drivers for five years.

Watts had a commercial driver’s license but did not have the proper DMV certificate to allow him to drive a bus with 10 or more passengers, said a spokeswoman for Jones. “And the bus company was registered as non-operational, even though the bus in the crash was still being used,” she said.

“The tragic loss of 11 of my constituents to a rogue bus operator demonstrates the need for the ‘one strike and you are out’ approach,” Jones said. “I have no patience for those who undercut the process, thumbing their nose at regulations, and making California roads unsafe for us all.”

Gov. Schwarzenegger has until Oct. 11 to sign or veto the bill.

California Bus Accident Attorney

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