You and Your Passengers Must Wear Seat Belts?

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

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

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

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

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

Common Causes of Vehicle Collisions

A few of the common reasons for vehicle collisions are:

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

Choosing a Lane

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

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

When You See a Motor Vehicle Collision

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

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

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

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

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

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

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

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

If you are Involved In A Collision?

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

You must do the following:

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

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

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

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

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

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

How Much Insurance are you required to have?

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

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

$15,000 for a single death or injury.

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

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

Reporting a traffic accident to DMV

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

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

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

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

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

Anyone is injured or dies.

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

California Motor Vehicle Accident Recap

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

Your insurance company name and policy number.

Time and date of the accident.

Location of the accident.

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

Your driver license.

Your vehicle registration card.

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

Other Party’s (Driver’s) Information:

Driver’s date of birth.

License number and state.

Driver’s name and address.

Vehicle license plate number and state.

Driver’s insurance company name.

Policy number and expiration date.

Policy holder’s name and address.

Vehicle owner’s name and address.

Injuries or property damage.

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

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Scene of Crane Accident on the I-10 in Cathedral City

Cathedral City – California

A woman was seriously hurt when her car crashed into a crane on the eastbound Interstate 10 Tuesday morning, according to the California Highway Patrol.

The crash near Date Palm Drive in Cathedral City caused traffic delays on the freeway.

Three out of four lanes were closed on the I-10 in the area. All lanes were not back open until 8:30 a.m. Tuesday.

According to CHP Officer Joe Zagorski, 37-year-old Meadow Sanchez of Beaumont was driving the black 2005 Toyota Prius that crashed into a construction crane just before 6:30 a.m.

Zagorski said the crane operator, 52-year-old John Rogers of Cathedral City, had his crane stationed in the center median, while he was putting steel in place for a construction project at Date Palm Drive.

He said Rogers moved the crane and entered the number one lane of the eastbound I-10.

At that time, the Sanchez’s Prius collided with the back of the crane and overturned, blocking three eastbound lanes.

Zagorski said Sanchez sustained major injures and has been transported to Desert Regional Medical Center.

Rogers, the crane operator, was not injured.

It appears to me that by moving the construction crane from the median, into lane number 1, the crane operator and therefore Caltrans, and the private contractor will most likely be liable for this horrendous accident.

Imagine driving down the freeway and all of a sudden a crane ends up in your lane.

If you or someone you know has been injured due to a defective road, negligent construction worker, or another driver in Cathedral City or anywhere in the State of California, you may call us for a free consultation at 800-816-1529 x.1 or check out or website at www.thepersonalinjury.com

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Scene of Rollover Crash in Phelan, California

PHELAN - California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Zachary Parke

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Rescue crew searching for missing 16 year old.

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

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

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

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

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

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

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

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

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

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

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

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

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The Napa County California Sheriff’s Office identified the dead as Matthew Jay Smith, 48, of Ashland, Ore., Laura Katharine Smith, 19, of Downingtown, Pa., and Richard Smith, 80, and Sally Smith, 74, both of Simbsbury, Conn.

Napa Sheriff’s Capt. Tracey Stuart said Sally and Richard Smith were on vacation in the Napa Valley. They were returning to Napa after picking up their son and granddaughter when the deadly chain-reaction collisions occurred.

The California Highway Patrol said a westbound big rig driven by Gustavo Lopez, 42, plowed into the back of the victims’ Suburu Forester that was stopped in heavy rush-hour traffic.

The Forester was pushed into the path of an eastbound tractor-trailer hauling concrete pipe. The big rig, driven by Woodland resident Luis Marabilla, 44, crushed the car, pushing it back across the westbound lane onto the shoulder of the road.

Lopez’s truck continued west and side-swiped a Chevrolet flatbed truck that Hilario Trujillo Jr., 33, was driving.

The victims were declared dead at the scene, the CHP said. Trujillo and Marabilla were uninjured, and Lopez was taken to Queen of the Valley Medical Center with minor injuries.

It appears Lopez was driving too fast for the conditions, based on the slow traffic and the size of the truck he was driving, CHP spokesman Jaret Paulson said.

Lopez told officers that traffic was stop-and-go as he traveled along Jamieson Canyon Road. 

He had stopped just prior to the crash, then accelerated through his gears. 

When traffic stopped again ahead of him, he had too much velocity to stop in time, CHP Officer Ryan O’Day said.

Lopez likely wasn’t speeding, but he was going too fast for conditions, Paulson said.

“It just looks like gross inattention at this point as to what caused the collision,” O’Day said.

Under federal law, commercial drivers must submit to a chemical test if they are in an accident. There was no sign that Lopez was under the influence of alcohol or drugs, O’Day said.

Lopez had started his trip in Woodland so he likely hadn’t been on the road long enough for fatigue to be a factor, O’Day said. Lopez wasn’t carrying a load so he wasn’t in a hurry, he said.

The CHP will decide whether to forward the case to the Napa County District Attorney’s office for prosecution. 

“Being that four people are dead because of inattention, I would be surprised if they didn’t press some sort of charges,” O’Day said.

They could range from reckless driving to vehicular manslaughter, he said.

Thursday’s crash brings the fatality total this year to eight victims from five crashes on Napa County roads.

The last time four people died in one crash was on Nov. 15, 2008, on Deer Park Road near Sanitarium Road outside of Angwin, O’Day said.

Napa County hasn’t seen a crash that killed more than four people since it started keeping records in 1999, he said.

The last time someone died on Jamieson Canyon Road was in December 2004, Paulson said.

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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

The accident was reported about 9 p.m. on I-8 west of state Route 79. A 66-year-old woman traveling westbound on I-8 in a 1998 Chevrolet Lumina, going about 75 mph, for unknown reasons drove off the south side of the road through a dirt and grass divide and onto the eastbound lanes of I-8, where her vehicle struck two cars, said California Highway Patrol Brian Pennings.

The woman was trapped in her vehicle until emergency crews could extricate her. She was taken by helicopter to a hospital with a broken right ankle and internal injuries, Pennings said.

A 27-year-old driver also had to be extricated from his 2007 Honda Accord, which was struck head-on by the Lumina. He was taken by ambulance to a hospital after he complained of pain, Penning said. The 34-year-old driver of the second car that was struck by the Lumina wasn’t injured.

All eastbound traffic was shut down at Willows Road after the 9 p.m. crash for about an hour, Pennings said.

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

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