Tag Archive: Gregory Fernandez

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.

[youtube]http://www.youtube.com/watch?v=3qkS8DwzqDY[/youtube]

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

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

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

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

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

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

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

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

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

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

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

By Norman Gregory Fernandez, Esq., © 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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Beware of Accident Scammers and Con Artist; Don’t get Screwed out of a Recovery.

Watch out for accident scammers and con artist.You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.

Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.

The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

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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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Have a Great Veterans Day

Norman Gregory Fernandez discusses veterans dayFrom California Personal Injury Lawyer Blog, I would like to wish all of our nation’s veterans a happy Veterans Day.

Veterans Day is a day to honor all of those of who have served in our nations armed forces. Thank you all veterans of the Army, Navy, Air Force, Marines, and the Coast Guard.

I myself served in the Air Force and then the California Air National Guard.

I was recently at an event in another State where there was a Marine official function going on. I saw our proud marines all dolled up in their dress uniforms with their medals on. They looked real young. I got a bit choked up as I thanked them for their service. It appeared to me that all of these young men are veterans of the current war going on.

There is a war going on right now; young men and women are fighting and dying for our freedom as I type this.

This is a day to honor our nation’s veterans and our nation’s heroes.

May god be with you, and god bless America.

By Norman Gregory Fernandez, Esq.

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