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Basic California Motor Vehicle Collision Information.

Vehicle collisions can and most often are traumatic. So much is happening, and you may not understand what you need to do. Save this article on your computer or in your vehicle just in case you find yourself in a vehicle collision.

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.

California Car Accident Attorney Website

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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.

Written on December 31, 2009 by Norman Gregory Fernandez, Esq. in California Law, Crime, Editorial, News, Off Topic Articles, Personal Injury

Below 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.

Written on December 31, 2009 by Norman Gregory Fernandez, Esq. in Bicycle Accidents, Bus Accidents, Car Accidents, Hit and Run Accident, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Van Accidents

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 .

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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 Scam When 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.

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What To Do After A California Motor Vehicle Accident.

Written on December 17, 2009 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, medical treatment, Motorcycle Accidents, Personal Injury, Truck Accidents, Van Accidents, Vehicle Passenger Accidents

What to do after a California Motor Vehicle Accident Over 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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Bad weather in California causing hundreds of Car, Truck and Other Motor Vehicle Accidents; Be Careful.

Written on December 11, 2009 by Norman Gregory Fernandez, Esq. in Bicycle Accidents, Bus Accidents, Car Accidents, Editorial, Hit and Run Accident, Insurance, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Pedestrian Accidents, Safety Tips, Truck Accidents, Van Accidents, Vehicle Passenger Accidents

California Personal Injury Attorney and Lawyer Norman Gregory Fernandez As 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.

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What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

Written on October 30, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Crime, Editorial, Hit and Run Accident, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Van Accidents, Vehicle Passenger Accidents

San Francisco’s Sanctuary City Policy is an Accident waiting to Happen! On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

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CHP Cruiser hits Pickup Truck in Santa Rosa, California; Driver Critically Injured.

Written on September 27, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

Santa Rosa California Crash Involving CHP, Pickup Truck, and Motorcycle Santa Rosa – California

A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.

Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.

The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.

The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.

Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.

Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.

Officers said they had not determined if Dempsey was wearing a seatbelt.

The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.

Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.

Alcohol was not involved, Mensior said.

Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.

Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.

Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website

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Motorcyclist suffers major injuries in Highway 1 crash in San Luis Obispo

Written on September 6, 2009 by Norman Gregory Fernandez, Esq. in Damages, Editorial, Insurance, Motorcycle Accidents, News, Personal Injury, Truck Accidents, Wrongful Death

Fatal Motorcycle Accident in San Luis Obispo, California

San Luis Obispo – California

A 24-year-old San Luis Obispo man riding a motorcycle was taken to Sierra Vista Regional Medical Center this morning with major injuries after colliding with a stopped semi truck on Highway 1, the CHP said.

The man, whose name has not yet been released, was riding northbound in the highway’s fast lane when traffic stopped in front of him to allow a semi truck to make a right turn onto Stenner Creek Rd. around 9:05 a.m., according to CHP Officer Joe Vega.

The semi had to take up both lanes on the highway to safely make the turn, Vega said, and it appears the motorcyclist didn’t see the stopped cars behind it in time to slow.

“He swerved to the right,” Vega said, “squeezed between both lanes in attempt to avoid the stopped cars but then collides into the right rear corner of semi.” Drugs or alcohol don’t appear to be a factor in the accident, he added, and no other injuries were reported.

Investigators haven’t yet determined how fast the motorcyclist was going.

Most people would not realize it, but the motorcycle had the right of way in this instance and the truck driver will most likely be held to be at fault.

In California, a driver is not allowed to make a turn unless the coast is clear, notwithstanding the fact that drivers may have stopped for him. Secondly motorcyclist are allowed to lane split in the State of California, so long as they are not going more than 15-20 miles per hour faster than the flow of traffic.

This is an unfortunate accident.

If you or your family has been the victim of a wrongful death in the State of California, or you have had a motorcycle, car, truck, or other motor vehicle accident, feel free to call my firm for a free consultation at 800-816-1529 ext. 1.

California Wrongful Death Attorney, Car, Truck, Motorcycle Attorney Website

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Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

Written on September 2, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Insurance, News, Personal Injury, Products Liability, Safety Tips, Wrongful Death

California Fatal Car Accident Attorney and Lawyer SAN DIEGO, California –

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

Repeatedly step on the gas pedal to jar it loose.
Step on the clutch to disengage the gears or shift the vehicle into neutral.
If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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Edison power pole knocked over in Silverado Canyon; Injuries Sustained.

Written on June 8, 2009 by Norman Gregory Fernandez, Esq. in Damages, Editorial, Insurance, News, Vehicle Passenger Accidents

Orange County California Personal Injury Attorney SILVERADO CANYON – California

A traffic collision on Black Star Canyon Road just north of Silverado Canyon Road at 3:07 p.m. Saturday caused an Edison power pole to go down, according to the California Highway Patrol.

A truck carrying six people knocked over the pole, injuring multiple people in the vehicle.

An ambulance responded to the scene of the accident, along with Southern California Edison.

Though the accident itself didn’t disrupt power, an Edison spokesman said crews turned off power to 1,544 customers for about four minutes.

12 other customers remained without power as crews continued to work, though it remained unclear when power would return.

What is unclear is whether the driver was at fault in the accident, or that there was some other contributing factor in the accident. What is clear is that the passengers who were injured in the accident could assert personal injury claims against the drivers liability insurance.

If the driver of the truck was at fault, all of the passengers in the truck should be able to recover for their personal injuries from the truck drivers and/or owners liability insurance coverage. The injured parties should consult with a California Personal Injury Attorney as soon as possible.

If you, a friend, or a loved one have suffered a personal injury, or have been a passenger in a car or truck such as the one that collided in Siverado Canyon, and were injured, you may call us now for a free consultation at 800-816-1529 ext. 1. We will tell you over the phone if you have a good case. You may also submit your case online by clicking here now.

By Orange County California Personal Injury Attorey

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Off Road Motorcycle, Dirt Bikes, Dune Buggies, Golf Cart, Snowmobiles, and ATV (standard, sport and utility) Insurance and Safety; Some Important Tips.

Written on June 1, 2009 by Norman Gregory Fernandez, Esq. in Editorial, Insurance, News, Off Road Vehicle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Safety Tips

California Personal Injury Attorney Norman Gregory Fernandez discusses Off Road vehicle insurance and safety I was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead. Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up. For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice. Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more. Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads. Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp. Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out. Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone. Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected. Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

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The Importance of Keeping Your Liability Insurance Even in Tough Economic Times.

Written on May 30, 2009 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Train Accidents, Truck Accidents

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic times My office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq. Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

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