Tag Archive: free consultation

8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.

I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.

You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.

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I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.

I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.

As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.

They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.

They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.

Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.

If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © August 2010

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Three Whittier California children killed in morning crash on the 5 Freeway

5 people killed in santa clarita / newhallSANTA CLARITA – Newhall,  California

Three of five people killed in a chain-reaction crash on the southbound 5 Freeway near the 14 freeway, early Monday were local children, authorities said.

Cynthia J. Hernandez, 9, Edgar A. Hernandez, 8, and Xochitl M. Hernandez, 5, all of Whittier, were killed after the car they were riding in collided with an overturned pickup truck at 12:14 a.m. on the southbound 5 just before the Balboa Boulevard exit, said California Highway Patrol Officer Jon Lutz.

Their cousin, Luis Villegas, 12, of Oakland was also killed.

The back of the Nissan the children were riding in caved in when the car was then rear ended by a Chevrolet Suburban, Lutz said. No one in the SUV was seriously injured.

The children’s mother, who is in her 30s, survived and was taken to an area hospital in critical condition. Another man in his 20s was also in the car and was taken to the hospital in critical condition, Lutz said.

John Blackburn, 54, of Frazier Park, who was the driver of the pickup truck that triggered the accident when it hit the center divider, spun out of control and overturned, was killed.

If you our your family has been injured in a car accident call us for a free consultation at 800-816-1529 x. 1.

Santa Clarita Car Accident Attorney and Wrongful Death Attorney Website

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Toyota sued over deaths in horrendous California crash

Toyota Product Defect AttorneyLos Angeles – California

Relatives of a California state trooper and three family members whose fatal car wreck helped spark Toyota’s wide-ranging safety recall have sued the automaker for defects they say caused the vehicle to speed out of control and crash.

The lawsuit, filed on Tuesday in San Diego Superior Court, was the latest in a wave of product-liability cases and other legal action brought against Toyota Motor Corp over complaints of sudden, unintended acceleration in its vehicles.

But the fiery August 28 crash near San Diego of a Lexus ES 350 sedan driven by off-duty California Highway Patrol Officer Mark Saylor drew intense media attention and renewed government scrutiny of safety problems that led to the recall of some 8.5 million Toyota vehicles worldwide.

Toyota President Akio Toyoda, grandson of the company’s founder, extended his condolences to the Saylor family in an apology he delivered to a congressional hearing last week.

Saylor was driving his wife, their 13-year-old daughter, and his brother-in-law on a family outing when their car “began to accelerate on its own” and sped out of control despite Saylor’s attempts “to apply the brakes and otherwise do everything possible to stop” the car, the lawsuit says.

The car reached speeds of up to 120 miles per hour before it struck another vehicle, plowed through a fence, hit a berm and flew through the air, then rolled several times into a field and burst into flames.

The family’s final moments before impact were captured in the recording of a frantic 911-emergency cell phone call placed by Saylor’s brother-in-law, Christopher Lastrella, in which he is heard telling the dispatcher, “Our accelerator is stuck … We’re in trouble … there is no brakes.”

Others in the car are heard saying, “hold on” and “pray” as the call ended, the lawsuit said.

The suit names Toyota, its U.S. division and other corporate entities as defendants, along with the Lexus dealership where Saylor was given the doomed car as a “loaner vehicle” while his own Lexus was being serviced.

Although the suit makes no specific allegations as to the root cause of the unintended acceleration, it says the car in question “was defective when it left the control of each defendant” and that “adequate warnings of the danger were not given.” The suit seeks unspecified monetary damages on behalf of the parents of Saylor and his wife.

Toyota officials have said they do not comment on pending litigation.

San Diego County Sheriff’s investigators concluded the crash likely was caused by the gas pedal becoming stuck in an all-weather rubber floor mat designed for a larger vehicle but placed by the Lexus dealership in the sedan loaned to Saylor.

But the accident report said “other avenues of unintended acceleration could not be explored,” mechanical or electrical, due to catastrophic damage to the vehicle.

The report also revealed that another driver who had been loaned the same car a few days earlier told investigators the vehicle raced out of control on him when the gas pedal jammed in the floor mat, which he managed to free after placing the gear shift into neutral.

He complained to a dealership receptionist when he returned the car, the receptionist told investigators she alerted the detail specialist on duty, but the detailer claimed never to have received such a complaint, the report said.

Toyota has recalled more than 5 million vehicles in the United States for slipping floor mats. Another 2.2 million U.S. recall notices were issued for sticking accelerator pedals.

The Transportation Department has said that complaints of unintended acceleration in Toyota and Lexus vehicles are linked with more than 50 U.S. crash deaths under investigation over the past decade.

If you or your family have been the victim of a car crash in a Toyota due to sudden acceleration or other product defect anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Toyota Product Defect Attorney

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Two Accidents snarl Highway 101 traffic in Novato, California

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

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

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

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

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

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

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

Novato California Truck Accident and California Car Accident Website

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Head-on car crash on I-8 traps two in Southern California

East County California — Two motorists were trapped and had to be extricated from their cars Sunday night after a head-on collision east of Alpine on Interstate 8, authorities said.

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

San Diego Car Accident Attorney Website

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

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

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

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

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

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

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

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

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

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

California Motor Vehicle Accident Attorney Website

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

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

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

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

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

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

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

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

Everyone in the vehicle was wearing a seat belt.

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

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

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

Oxnard California Truck Accident and Car Accident Attorney

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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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Highway 126 collision sends 12 people to hospital in Ventura County

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

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

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

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

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

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

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

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

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

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

Ventura County Car Accident Attorney and Lawyer Website

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

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

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

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

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

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

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

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BREAKING NEWS: Man killed crossing Lake Isabella Blvd. identified

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

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

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

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

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

Kern County Pedestrian Accident Attorney and Kern County Wrongful Death Attorney

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Hospital misplaced Baby’s Body for Days

Sacramento Medical Malpractice AttorneySacramento – California

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

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

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

California Medical Malpractice Attorney Website

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

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

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

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

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

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

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

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

California Products Liability Attorney & Defective Product Causing Injury Attorney

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It is About Time we get Health Care Reform in this Nation; With a Public Option.

We need health care reform with a public option now.*** October 9, 2009 Update – The United States House of Representatives has passed a historic health care reform bill which includes the public option. Now it is up to the Senate to act on the bill, and the President to sign.

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking!

Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American.

My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to do. I think if all Americans starting thinking and doing what they think was best rather than what some political party tells them is best we would all be much better off. It may never happen but if all of you try it for yourself you will see the lunacy of political parties.

Now, unless you are Bill Gates, and have millions of dollars at your disposal to pay for catastrophic health care bills than maybe this article might make a little sense to you. If you are blinded by politics, still read on, maybe what I say will “break on through,” as quoted by Jim Morrison of the Doors.

You see I am a personal injury lawyer and attorney. I get many new clients that have half assed medical insurance coverage, or very good insurance. However, I also get new clients every week that have no health care insurance at all.

Many of these uninsured client’s literally have suffered for days, weeks, and even months without medical treatment, hoping that their injuries would heal on their own. I can only imagine the untold numbers of others who are suffering with medical ailments and have no insurance or viable way of obtaining medical care.

Out of desperation they call me because they know I can get them treatment for their injuries, even if they do not have health care insurance.

Health care reform to me is not about politics, it is not about profits for doctors, hospitals, medical providers, and medical insurance providers. (All of whom continue to make huge profits while the rest of the nation is in a depression) Health care reform to me is about right and wrong. Let me explain.

I personally know many people who have lost their jobs and their medical insurance before the present depression, and during the present economic depression. It has happened to me in the past!

If you have never lost your job and medical insurance in your life, you are either full of shit, or you are one in a billion; yes I said billion.

If you are an American worker who does not have a multi-million dollar inheritance, rich parents, or are rich yourself, you are going to lose your job and your insurance at some time or another. It is a simple fact of life.

No one can depend on having insurance for life the way the system is set up right now. Your healthcare and possibly life depend on the whim of your employer, or your ability to obtain and pay for individual healthcare plans. This is not acceptable any longer.

What are you supposed to do if you lose your job and your medical insurance? In the good old days you could simply get another job. Those days are pretty much over now.

With unemployment at 10% or more in some locations, and the nation mired in an economic depression, good jobs are hard to come by. Hell even college graduates from top institutions are having trouble finding jobs.

If you lose your job and insurance, the end result is that your sorry ass along with your innocent children and spouse, if they stay with you, may have no insurance to cover your healthcare if you get sick. This situation is a surreal nightmare for millions of our fellow citizens as I type this article. Hell it could be you!

If while you are uninsured due to no fault of your own, you get sick, and you need to go to an emergency room, which by law has to treat and stabilize you, then the rest of us have to pay for your sorry ass through higher taxes and health insurance costs, because the hospitals have to charge more to cover their losses in treating uninsured people.

In the end, it is cheaper just to make sure that there is universal coverage for everyone.

I am no communist, I sure the hell am no socialist, but when it comes to medical care, I believe that in the richest nation on earth, healthcare should be a right for all, not a privilege.

Now forget about politics, forget about what some rich congressman is telling you to believe because of your political party affiliations, forgot about hating certain political figures; what do you think is best for you and your family; the way it is now, or universal health care for all? At least try to be honest with yourself.

UNDER FEDERAL ERISA LAWS, AN INDIVIDUAL CANNOT SUE A HEALTH INSURANCE PROVIDER FOR FAILING TO PROVIDE COVERAGE; NO SHIT!

Now that I have got your attention, let me tell you about my father; this is a true story that happened last month in October, 2009.

My father just had a major arterial bypass surgery recently, and is presently in a nursing home for recovery. He has probably the best HMO/PPO health insurance on earth, with probably the most famous health insurance provider on the planet.

Until just recently, he was ordered by his doctor to not place any weight whatsoever on his legs, he was basically bedridden in the nursing home. He was and still is dependent upon the nurses and doctors there for care while he recovers.

On October 14, 2009, we found out that his health insurance provider had retroactively determined that he no longer needed to be in the nursing home as of October 10, 2009. In other words a man that is and was bedridden with no viable alternative for other care, was basically told by his insurance company that “we don’t give a shit about you, you are out of there. Oh and by the way, you owe for 4 days.” His health insurance provider made this determination even though 2 of my dad’s doctors ordered him to be placed in a nursing home to recover.

Some health insurance bureaucrat unilaterally decided that they knew what was best for my dad, rather than two of his treating physicians. We all know that this is a bunch of bullshit to save the health insurance company some money don’t we.

Under present ERISA exemptions, my father cannot sue his medical insurance provider for failure to cover the nursing home even though his insurance covers nursing home care, because he is in a group plan. 80% of all health care insurance in this nation is provided under a group plan. How come nobody is taking about the fact that health insurance providers cannot be sued by individuals for failing to provide that which they contract to provide? It is a big scam.

Luckily for my dad, he has an attorney for a son (me) who is pissed off, and the political climate is not good for this kind of bullshit decision on their part right now, especially considering the fact that congress is presently debating health care reform as I write this article.

The insurance company probably thought that my dad was some old Hispanic man (looking at his surname) that they could screw around. Who knows? After talking to them and telling them exactly what I intended to do, they miraculously reinstated his insurance and everything is fine now.

What if this was you or you did not have a son who was an attorney? You would be screwed, blued, and tattooed as they boot your sick ass on the street. You would be dead! Geez, I wonder what will happen to me if god forbid I am in the same boat as my dad, my daughters are not attorneys like me.

The healthcare reform changes being debated right now would prevent insurance companies from denying coverage based upon pre-existing conditions, they would prevent insurance companies from terminating coverage because of an illness, and they would prevent insurance companies from placing a lifetime cap on your insurance. It is because of health insurance greed and excesses that these changes need to be implemented in the first place.

How many of you reading this are not worried about anything I stated above? If you are not worried, you are probably full of shit and are lying to yourself, or are too dumb to realize it. I do not think even a billionaire would want to risk a catastrophic illness. The cost of healthcare is so high now; million dollar plus bills are not out of the question.

If you are poor, middle class, or even moderately rich, a catastrophic illness could destroy you financially. Even if you have the best health care insurance. The present system is a free market free for all and it sucks the big one. Health care today is about profits, not about quality medical care for all. Hell, I don’t mind a man making a buck, but under the current system we are all being raped.

Imagine, you saved all of your money for years to buy a home, you have a nice car, your family is doing well, and then little Jenny gets sick, imagine having to lose everything and go bankrupt because of co-payments, no insurance, or your insurance company cutting you off. This is reality for millions of American’s right now, it is not right, and it is bullshit.

It is time for healthcare reform.

We Need a Public Option

We need to have a public option just like Congress has. Yes Congress, the same folks that we vote into office to represent us. Why should we not get what they get? Are they better than the rest of us?

What is funny is that there are certain congressmen from a certain political party that all have great “lifetime” medical coverage for themselves and their family as a perk of office, and yet they are opposed to giving us universal healthcare; feature that! These people are so out of touch with the reality and the exigency of the situation it is mind blowing. They might as well be from another planet. Their supporters support them along party line regardless of whether the healthcare reform will actually benefit them and their own family. This is truly bizarre to me.

It is kind of like not wearing a jacket in winter so that you will not freeze to death, because your enemy supports wearing the jacket; so you freeze to death! Makes no sense.

Now the public option is just that, an option. You can opt out and still use traditional insurance. Maybe a public option will make private insurance companies pull their collective heads out of the asses and compete on a more even playing field rather than monopolizing the market and making untold billions of dollars of profit each fiscal quarter, at our peril.

I have heard the “socialized medicine” sucks arguments, and the “in Canada they have to wait months” arguments, and they do concern me. Thank goodness we are not talking about a system like that. We are only talking about mandating that all people buy medical insurance, (just like we do with car insurance) and giving them an inexpensive public option if necessary.

Healthcare reform is about what is morally and ethically right. It is about what is right for the most powerful nation on earth. Persons from all political parties have been trying to get this done since Theodore Roosevelt was President to no avail.

The time for half assed excuses, political bullshit, and half measures is over. It is time for Health Care reform with a Public Option.

Call your congressman, write your congressman, this issue is a matter of national security, and could be a matter of life and death for you and your family if healthcare reform is not implemented.

I truly look forward to your comments on this subject, and debating the issue.

God bless you all.

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

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