law | California Personal Injury Lawyer Blog

Tag Archive: law

A 21 Year Old East Bay man has been killed in three-car crash in Berkeley, California

Written on April 24, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Off Topic Articles, Personal Injury, Wrongful Death

Law Office of Norman Gregory Fernandez Personal Injury News Berkley, California-

An Emeryville man died early this morning after he was in a three-car crash on Interstate 80 early, the Alameda County Coroner’s Office said.

Eric Fernandez, 21, was involved in a three-car collision on eastbound I-80 near Ashby Avenue around 12:05 a.m., according to the California Highway Patrol.

The crash involved a van, sedan and an undisclosed vehicle, the CHP said.

CHP reports say that Fernandez was initially trapped after the accident, and once he was freed by emergency personnel he was taken to a local hospital, where he died.

If you or a loved one has been in a car accident in the San Francisco Bay Area, including Berkeley and the East Bay, you will want to talk to an expert car accident lawyer about your car accident case. You may give us a call at 800-816-1529 7 days a week, 24 hours a day for a free legal consultation or check out the California Personal Injury Center by clicking here now.

0 Comments - Leave a comment!

Tags: Car Accident, law, lawyer, News, norman gregory fernandez, Personal Injury

California Products Liability Law; “The Sophisticated User Doctrine;” is now the Law of California.

Written on April 24, 2008 by Norman Gregory Fernandez, Esq. in Damages, Editorial, News, Personal Injury, Products Liability

California Personal Injury Lawyer The California Supreme Court has given additional protections to manufacturers who have been sued for defective products or failure to warn in products liability.

Following the lead of other state and federal courts, California courts will now apply the “sophisticated user” doctrine.
Under this doctrine, a manufacturer cannot be held liable when it fails to warn specialists about a product’s dangers when those dangers should be well known to such sophisticated users.

William Johnson is a certified HVAC technician who had received extensive training in the field of air conditioning repair. In particular, he had been certified by the EPA to work on large commercial air conditioning systems. Johnson filed suit against American Standard, air conditioner manufacturers, and various chemical manufacturers and suppliers after he developed pulmonary fibrosis. Johnson contended that the disease resulted from his exposure to phosgene gas. Large air conditioning systems commonly use R-22, a hydrochlorofluorocarbon refrigerant that, when exposed to light or flame, can decompose into phosgene gas. Johnson claimed that while maintaining and repairing air conditioning systems, he brazed refrigerant lines and was thereby exposed to phosgene gas. The trial court granted summary judgment in favor of the manufacturer, and the court of appeal affirmed, holding that the manufacturer did not have a duty to warn a sophisticated user like Johnson of such dangers which were well known in the industry.

In Johnson v. American Standard, Inc., 179 P.3d 905 (Cal. 2008), the California Supreme Court agreed. The court adopted the sophisticated user doctrine, concluding that normally, there is no duty to warn professionals about commonly known hazards. This doctrine is an exception to the general duty a manufacturer has to warn consumers about potential risks and dangers. According to the court, “just as a manufacturer need not warn ordinary consumers about generally known dangers, a manufacturer need not warn members of a trade or profession (sophisticated users) about dangers generally known to that trade or profession.” In reaching this determination, the court cited decisions by other state courts, as well as federal cases, adopting the doctrine. The court also made it plain that the sophisticated user doctrine applies equally in strict liability and negligent failure to warn cases.

The court also rejected Johnson’s contention that even though he received training and held certifications, he did not remember hearing or reading about the dangers of phosgene. According to the court, “even if a user was truly unaware of a product’s hazards, that fact is irrelevant if the danger was objectively obvious.” The decision in American Standard will certainly make it more difficult for sophisticated consumers to hold manufacturers liable under a failure to warn theory.

Full opinion text: http://www.courtinfo.ca.gov/opinions/documents/S139184.PDF

I can say without a doubt that I do not agree with this opinion, and that the Sophisticated User Doctrine will probably be used and/or applied to many legitimate products liability cases here in California.

As it stands right now, I have observed the Courts use the doctrine of Primary Assumption to bar meritorious and legitimate cases that do not or should not fall within that doctrine to get rid of cases, I am sure the sophisticated user’s doctrine will be used the same way.

Will drivers of cars be considered sophisticated users simply because they have been driving a long time? Would such a doctrine be used to get rid of cases such as the Ford rollover cases?
Time will tell!

California Products Liability Center

0 Comments - Leave a comment!

Tags: law, lawyer, Personal Injury

30 Workers Treated After Farm Labor Bus Crash Near Fresno, California

Written on April 20, 2008 by Norman Gregory Fernandez, Esq. in Bus Accidents, News, Personal Injury

Law Office of Norman Gregory Fernandez Personal Injury News Two days after a farm labor bus carrying 36 workers overturned on Highway 33 south of Mendota, the California Highway Patrol updated the number of people treated for injuries.

About 30 people were taken to four hospitals or sought treatment on their own, said Sgt. Robert Brunell of the CHP office in Coalinga.

The CHP said Tuesday that four men were taken to hospitals by ambulance. Jose Andres Pena, 28, of Avenal, who suffered moderate injuries, was the most seriously hurt. He and Jose Richard Reyes, 24, of Mendota, who had minor injuries, were taken to Community Regional Medical Center in Fresno.

Jose A. Gonzales, 49, of Huron and Jose Guzman Sanchez, 21, of Firebaugh were taken to Madera Community Hospital for minor injuries.

Brunell said the other passengers had minor injuries. Eight were transported by ambulance, and 10 were taken on another farm labor bus to four different hospitals. About six people sought their own treatment, Brunell said.

The accident happened when a bus driven by Juan Filorio, 51, of Winterhaven drifted onto the northbound shoulder of Highway 33 north of Lincoln Avenue. Filorio attempted to get back on the roadway, but overcorrected and the bus overturned, the CHP said.

Fresno Personal Injury Center

0 Comments - Leave a comment!

Tags: law, News, norman gregory fernandez, Personal Injury

Politicizing the Cost of Health Care by Blaming Trial Lawyers; What a Load of Crap!

Written on April 9, 2008 by Norman Gregory Fernandez, Esq. in Damages, Editorial, Medical Malpractice, News, Off Topic Articles

California Medical Malpractice Lawyer Norman Gregory Fernandez Discusses Medical Malpractice You have heard President Bush blame trial attorneys for the cost of health care being so high; you have heard a certain political party blame trial attorneys for the cost of health care being so high, and now another article is circulating on the Internet blaming trial attorneys for the cost of health care being so high. What you are hearing folks is flat out crap. It is time to air out the truth and call the B.S. for what it is; B.S.

We trial lawyers help personal injury victims including victims of medical malpractice, when nobody else will. We are usually the last and only recourse for persons who have been harmed. Do you think that a doctor, hospital, or other health care institution is going to just volunteer to compensate you for your losses?

What is Medical Malpractice? Medical Malpractice in a nutshell is a person suffering injuries or damages, as a result of a doctor or health care institutions failing to act as an ordinary professional in the community would. In other words, the doctor, hospital, or provider, causes you injuries by screwing up, usually with devastating results!

As we all know or should know, human beings are not perfect, and will sometimes make mistakes. Just like most commuters buy car insurance to protect themselves in case they screw up, doctors do the same thing.

It is not the fault of personal injury trial lawyers for a doctor or hospitals, screw-up, and it certainly is not the victims fault. We personal injury lawyers are the ones that go to bat for people who have been injured as a result of a doctor or hospital screw-up. It is our jobs and it is what we do. We help the victims to obtain compensation for their loss.

How could we be the ones who are responsible the high cost of medical care? In fact it is the insurance companies who are responsible for the high cost of medical malpractice insurance. I would like to think that the cost of malpractice insurance is based upon risk, but we all know the insurance companies exist to make a profit and that is it.

Now I like doctors, we all like doctors. They are the ones we turn to when we are sick. They make mistakes just like the rest of us, and they should be made to pay if lets say they cut off the wrong leg, fail to diagnose a serious condition, or leave tools in a patient after surgery. You get the picture.

With that being said, maybe doctors should adopt more stringent guidelines to discipline and police themselves, so that the bad doctors are weeded out. Maybe that will decrease their malpractice insurance rates.

California has had a cap of $250,000.00 on general damages for medical malpractice cases since the 1970’s. General Damages are damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. Imagine only being able to get a maximum of $250,000 if a doctor cuts off the wrong leg, or fails to diagnose a cancer that would have been curable it caught in time, etc. Victims are still entitled to out of pocket losses.

So there it is. The cost of health care is through the roof. If anything it is greed that is driving up the cost. If universal health care was adopted, then maybe our nation would see some relief.

0 Comments - Leave a comment!

Tags: attorney, california medical malpractice, Damages, law, lawyer, norman gregory fernandez, Personal Injury

A Carpinteria woman suffered major injuries when her car went down an embankment.

Written on April 9, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, News, Personal Injury

Law Office of Norman Gregory Fernandez Personal Injury News CARPINTERIA, California

The CHP says a Volkswagen Jetta driven Penelope Ayala, by crashed on the off ramp to Sheffield Drive from the northbound Highway 101 in Summerland at about 1:45 p.m., April 7, 2008.

CHP Officers stated that the car swerved from side to side, ran off the roadway, and fell 30 feet, landing on its roof. It then slid until it hit a tree.

The driver had to be extricated from the vehicle. She was then taken to Cottage Hospital for her injuries.

California Personal Injury Center

0 Comments - Leave a comment!

Tags: Car Accident, law, lawyer, News, norman gregory fernandez, Personal Injury

Where My Law Firm Handles Personal Injury Cases In California.

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq. My firm handles personal injury cases in the following cities and counties thoughout California.

Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County.

California is a very big State with many different cities and counties as you can see. If you have been the victim of a personal injury in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation!

0 Comments - Leave a comment!

Tags: attorney, law, lawyer, Loma Linda, norman gregory fernandez, Personal Injury, San Bernardino, San Fernando

Types of Personal Injury Cases We Handle In California.

The Law Offices of Norman Gregory Fernandez handles many types of personal injury cases throughout California My law firm handles most types of personal injury cases throughout the State of California.

We have offices in Southern California and Northern California, and can come to you to sign you up for most personal injury cases, so that you do not have to waste gas driving to our office.

We like to make things convenient for our clients.

If you have had a California Personal Injury including but not limited to: Car Accidents, Motorcycle Accidents, Dog Bites, Wrongful Death, Product Liability, Truck Accident, Brain Injury Lawyers in California, CA Motorcycle Accident Law Firm, California Seat Belt Injury Attorneys, California Food borne Illness Lawyers, Truck Accident in California, 15 Passenger Van Rollover in California, CA Auto Product Liability Law, Auto Accidents in California, California Bus Accidents, California Train Accidents, Pedestrian Accidents in California, Seatback Failure, Roof Crush, Dog Bites, Nursing Home Abuse, On-the-job Injuries in CA, California Swimming Pool Accidents, California Slip, Trip and Fall, Wrongful Death, CA Aviation Accidents, Watercraft Injury in California, Toxic Chemicals, Asbestos Poisoning, California Premises Liability, Products Liability in California, CA Failure to Warn of Dangers, California Amusement Park Accidents, California Medical Malpractice, Legal Malpractice in California, California Child Car Seat Injury, Construction Accidents, Catastrophic Injuries, Funeral Home Abuse, California Wrongful Death, give us a call now.

We are aggressive personal injury lawyers located in California. We will see to it that you get quality medical care, and work aggressively to get you the highest possible monetary compensation via settlement or by judgment at trial.
Call us 7 days per week, 24 hours per day at 800-816-1529 ext. 1.

0 Comments - Leave a comment!

Tags: attorney, california medical malpractice, Car Accident, law, lawyer, norman gregory fernandez, Personal Injury, Truck Accident, Wrongful Death

Los Angeles Police Department Patrol Car Collides with Vehicle; 2 Injured

Written on April 7, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, News, Personal Injury

Law Office of Norman Gregory Fernandez Personal Injury News Granada Hills, California
An Los Angeles Police Department Patrol patrol car collided with another vehicle on the 118 freeway in Granada Hills today and overturned, injuring two police officers, authorities said.

The crash, which left the patrol car on its roof, occurred on the Ronald Reagan (118) Freeway at Zelzah Avenue about 2:15 a.m., said Los Angeles Fire Department Capt. Sean Hughes.

All westbound traffic was diverted off the freeway at Balboa Boulevard while the investigation was conducted.

About 6:30 a.m., the carpool lane and the No. 1 lane were reopened.

Two Police Officers were injured.

0 Comments - Leave a comment!

Tags: law, News, norman gregory fernandez, Personal Injury

Sorry for the Problems; We are Now Back Up!

Written on April 7, 2008 by Norman Gregory Fernandez, Esq. in Editorial, Off Topic Articles

The California Personal Injury Law Blog was down for some time as you all know. After software upgrades in the server that hosts the Blog, the software that runs the California Personal Injury Law Blog crashed because of compatibility problems with the software in the server. Unfortunately, recent backups contained the incompatibility! Geez……

We finally had to restore the Blog on a backup from December. Due to this fact we lost some articles.

I will diligently write more articles as time permits, however, some were lost forever. You may contact me though the system with suggestions for articles.

Thanks,

Norman Gregory Fernandez, Esq.

0 Comments - Leave a comment!

Tags: law, lawyer, norman gregory fernandez, Personal Injury

How Much Money is Your Personal Injury Case Worth?

California Personal Injury Lawyer Norman Gregory Fernandez discusses case valuations. As a personal Injury Lawyer the number one question I get from every prospective or existing client is; how much money will I get for my personal injury case?

The actual answer to the question is that no personal injury lawyer can honestly tell you the answer to the question unless they have E.S.P. or are clairvoyant.

Not only is each case is different, but an attorney would have to be a clairvoyant to be able to predict the outcome of your case. If you do find a personal injury lawyer who promises he will get you a million dollars in a rear ender soft tissue injury case, ask him to put it in writing and then sign up with him or her! They would be contractually obligated to get you what they promised if they put their promise in writing! I know of NO Reputable Personal Injury Lawyer who would make such promises, or put such promises in writing! All we as personal injury lawyers can promise to do is our best to get you what you are entitled to. Anyway…………..

I have heard stories of some shysters out there promising the world to potential new personal injury clients, just to get them to sign up with their office. If it sounds too good to be true, it probably is! A good and reputable personal injury lawyer cannot, and will not predict the outcome of a case during an initial consultation where the damages that have been incurred are not even known yet.

With that being said a good personal injury lawyer can look at the many factors that come into play in your particular personal injury case to determine what a case may be worth with regards to settlement value. There is a huge difference between a lawyer telling you what you case may be worth without knowing your damages, and a lawyer telling you what the settlement value of your case may be after a through examination of the facts and damages in your case once they are ascertained.

Did you pick up on how I talk about settlement value? You see there is a huge difference between the settlement value of a case, and a potential jury verdict! Once a case goes before a jury, all bets are off. The value of your case is what they jury decides it is worth no matter what is argued. They can decide to not give you anything at all. Jury awards in California depend on 9 out of 12 jurors reaching a consensus on your case. Some courthouses and counties are known to be more liberal or conservative than others which is also a factor in what a jury may do. It is therefore impossible for any personal injury lawyer to predict what a jury will do with a case once they get it.

Experienced personal injury lawyers such as myself, have formulas that we use to determine what a good settlement value of a case may be both before and/or during litigation. After doing so many cases for so many years, I have a very good idea of what the settlement value of a particular case may be.

Personal injury case valuations depend on many things such as; nature and extent of injuries; medical bills; future medical bills; permanent bodily damage; out of pocket expenses, etc. Obviously a person who tries to work their own personal injury case without a lawyer has no clue what they are entitled to, and will end up getting little or nothing if they go at it on their own.

So going back to the original question; what is your personal injury case worth? The answer is that it all depends! Your first step should be to retain a competent personal injury lawyer and then go from there.

If you, your family, or your friends have been injured anywhere in the State of California, you may call my office for a free consultation at 800-816-1529.

0 Comments - Leave a comment!

Tags: attorney, Damages, law, lawyer, norman gregory fernandez, Personal Injury

California is Cracking Down on Uninsured Motorist! How Being Uninsured Hurts your Personal Injury Case.

Written on December 4, 2007 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

California Car Accident Lawyer Norman Gregory Fernandez discusses the harsh penalties in California for driving with no insurance Big brother is not playing games anymore. The State of California has implemented a system whereby as of October 1, 2006, the DMV begin a systematic review of the 22.4 million private cars, light trucks and motorcycles registered in the state.

If your motorcycle, car, truck or other motor vehicle is found to be uninsured you will get a 30 day warning letter. If you fail to get insurance after that the State will suspend you registration. If you are found to be driving without a proper registration, your car can be seized by the State, and you can face fines of up to $1,000.00.

This is no joke folks. If you are driving around without insurance you will eventually be dinged.

Furthermore, insurance providers are now required by the State to notify the DMV if your insurance is cancelled or expired.

What does this mean to you? It means if you are driving around with no insurance you are screwed. The State will eventually catch up to you. The days of buying insurance to get your registration and plates, only to cancel one month later are over.

If you get into a motorcycle, car or other motor vehicle accident and have no insurance, you face losing your drivers license for up to a year, fines of up to $2,000.00, and the possibility of being hit with a civil judgment which requires you to pay for the damage you have caused.

The minimum liability insurance requirements in the State are presently $10,000.00 for property damage, $15,000.00 per person, and $30,000.00 per occurrence.

The purpose of the law is to supposedly make it fair to the people that do pay for insurance, and to drive down insurance rates. I agree that it is not fair that law abiding citizens pay for insurance while 15% of the people in the State do not, however, and as usual, the insurance companies will make out like bandits with this new law. I doubt seriously that insurance rates will go down.

As a personal injury lawyer I can tell you that it pains me to see someone get hit by an uninsured motorist so it is good that the State is cracking down on this issue. However to be really fair the State should force the insurance companies to lower their rates in return for this law.

There is one other thing to note; if you are uninsured and you get into an accident that is not your fault, no will only be able to recover out of pocket losses and that is it! You will legally not be able to get compensation for pain and suffering, loss of enjoyment of life, and emotional distress, otherwise known as General Damages!

To add insult to injury you could lose your drivers license for 1 year and have to pay up to $2,000.00 in fines for driving without insurance.

The bottom line; get liability insurance. The cost of not having insurance is much greater than the cost of getting insurance. If you cannot afford liability insurance; do not drive!

1 Comment - Leave a comment!

Tags: Car Accident, Damages, law, lawyer, norman gregory fernandez, Personal Injury

Car, Motorcycle, Truck, and other Motor Vehicle Cases in California; The Burden of Proof.

Written on December 3, 2007 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

California Car Accident Lawyer Norman Gregory Fernandez discusses car, motorycle, truck, and other motor vehicle accidents I get many calls from many victims of Car, Motorcycle, Truck, and other Motor Vehicle accidents. The vast majority of drivers in California will eventually get into some kind of motor vehicle accident in their lifetime, whether it be a small fender bender or a major accident. What most non lawyers do not know is there is a vast and complicated process of obtaining maximum monetary compensation for your accident. I have written many articles on why it is so important for you to retain a lawyer just as soon as possible if you are in a car, motorcycle, truck, or other motor vehicle accident. You can read them on this blog and on my personal injury website by clicking here. The purpose of this article is to discuss the burden of proof in motor vehicle accidents. Most non lawyers think; “oh I was rear ended; I will automatically get money,” etc. This is not the case, and this is why it is so important for you to retain a lawyer for your case!

(1) Liability; who is at fault in your car, motorcycle, truck, or other motor vehicle accident in the State of California?

This is the first major issue that needs to be addressed to obtain compensation in a motor vehicle accident in California. It boils down to who is at fault in an accident. You need to be able to prove by a preponderance of the evidence that the defendant as at fault in your case. Just because you are not at fault in an accident does not mean you will collect money, or the just compensation that you are entitled to!

Furthermore, in the State of California, we have what is called comparative fault. What this means is that a jury can apportion a percentage of fault to each person in a case. As a plaintiff in a car, motorcycle, truck, or other motor vehicle accident you will need to show that a defendant is more than 50% at fault or liable.

(2) Damages; Special and general damages. Damages must be reasonable, reasonably ascertainable, and a plaintiff has a duty to mitigate damages. Damages must be proven by a preponderance of the evidence.

Although liability is the key to getting a settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident in California, damages will determine how much compensation you will receive in a case.

Special damages are out of pocket losses and expenses that result from an accident. General damages are non out of pocket losses such as pain and suffering, loss of enjoyment of life, emotional distress, etc.

In order to obtain a just settlement or judgment in a car, motorcycle, truck, or other motor vehicle accident, liability and damages must be proven by a preponderance of the evidence. There are other issues such as Proposition 213 in the State of California that restrict non insured motorist from obtaining general damages in a motor vehicle accident.

I have seen too many instances of victims of motor vehicle negligence call me up after they have damaged their case by trying to do it themselves. There is a saying, only a fool has himself for a client. The insurance adjusters know that if you are calling them on the phone without legal representation that they are dealing with someone who has no clue what they are entitled to or how to prove it.

Do yourself a favor; if you have had any type of motor vehicle accident anywhere in California, give us a call at 800-816-1529, we will give you a free consultation.

0 Comments - Leave a comment!

Tags: Car Accident, Damages, law, lawyer, norman gregory fernandez, Personal Injury

Happy Thanksgiving from the California Personal Injury Law Blog

Written on November 22, 2007 by Norman Gregory Fernandez, Esq. in Editorial, Off Topic Articles

California Personal Injury Lawyer Norman Gregory Fernandez wishes everyone a great Thanksgiving for 2007 Well it is that time of year again; the holiday season. Thanksgiving is a time to get together with your family and friends to share a traditional Thanksgiving Turkey feast, and to give thanks for all that this great nation has given us.

I would like to wish all of the readers of the California Personal Injury Law Blog a happy Thanksgiving. Remember it’s the small things in life such as family and friends that make life great.

You never know how much time you will have on this earth so make every day count. With this in mind, take it easy out there on the road whether it be on your motorcycle, your car, truck, SUV, or other motor vehicle. There is no need to speed and create danger to others.

Above all, do not drink and drive, no matter what! I want to see you all around after the holidays.

Take Care,

1 Comment - Leave a comment!

Tags: law, lawyer, norman gregory fernandez, Personal Injury

California Minimum Insurance Requirements.

Written on August 14, 2007 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Train Accidents, Truck Accidents

Pursuant to California State Law, (Proposition 213) you must have minimum liability insurance coverage of $10,000 Property Damage, $15,000 bodily injury per person, and $30,000 per incident while you are driving on California Roads.

If you do not have minimum liability insurance coverage, you will NOT BE ENTITLED TO GENERAL DAMAGES (pain & suffering, emotional distress, loss of enjoyment of life, etc.), and you may lose your drivers license, and a fine. Even if the accident was not your fault!

Most personal injury attorneys will not represent you on a contingency basis unless you had liability insurance at the time of accident, because the value of your case is limited to out of pocket losses only such as: Property Damage, Medical Expenses, Medication Expenses, Loss of Wages, etc.

Beware, recent changes in the law now require your insurance company to notify the Department of Motor Vehicles if your insurance is terminated. If your insurance is terminated your registration can be revoked, you can lose your drivers license, and face substantial fines.

0 Comments - Leave a comment!

Tags: attorney, Damages, law, norman gregory fernandez, Personal Injury

Car, Motorcycle, and Other Motor Vehicle Insurance; Comprehensive and Collision Coverage

Written on July 25, 2007 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Products Liability, Train Accidents, Truck Accidents, Wrongful Death

Norman Gregory Fernandez, Esq. Comprehensive and Collision coverage on your car, motorcycle, or other motor vehicle will cover the damage to your car, motorcycle, or other motor vehicle if you are in an accident that is your fault up to the “Fair Market Value,” of your vehicle. It will also cover your vehicle up to Fair Market Value if it is stolen.

Some Comprehensive and Collision coverage’s will cover damage to your car, motorcycle, or other motor vehicle even if the accident was not your fault.

If the cost of repairing your vehicle exceeds the Fair Markey Value of your vehicle, than the insurance company will consider your car, motorcycle, or other motor vehicle to be a “total loss,” and only pay you Fair Market Value for your car, motorcycle, or other motor vehicle.

Now what is Fair Market Value? Fair Market Value is the amount of money that your vehicle is actually worth on the street. Many people confuse this issue. You may have paid $20,000.00 for your car, motorcycle, or other motor vehicle, and you may owe $15,000.00 on you car, motorcycle, or other motor vehicle, however, once you drive the car, motorcycle, or other motor vehicle off of the dealers lot, it automatically decreases in value. Although you have paid the above amount for your car, motorcycle, or other motor vehicle, and you may owe the above amount for your car, motorcycle, or other motor vehicle, the Fair Market Value of you car, motorcycle, or other motor vehicle may only be $10,000.00!

Insurance companies value your car, motorcycle, or other motor vehicle on many factors which include but are not limited to: Year, Make, Model, Mileage, Condition, what identical or similar car, motorcycle, or other motor vehicles are selling for in your area, etc.

Many times people find out the hard way when their car, motorcycle, or other motor vehicle is totaled or the repair cost exceed the Fair Market Value of the car, motorcycle, or other motor vehicle, that the amount you receive from the insurance company is way below the amount owed on the car, motorcycle, or other motor vehicle. In today’s market where new new vehicle’s average $25,000.00 or more this situation is not uncommon, especially when the cost of repairing simple fender and paint damage may exceed $5,000.00.

I recommend that you always purchase Comprehensive and Collision Insurance. Without this type of coverage, you will get nothing for your property damage if the accident is your fault, and/or you will be at the mercy of the other drivers insurance company if you are not at fault. Check with your insurance company and read your policy for any limitations of coverage.

0 Comments - Leave a comment!

Tags: law, norman gregory fernandez

Tag Archive: law

MORE INFORMATION ABOUT OUR LAW FIRM