Tag Archive: lawyer

Questions to inquire about prior to hiring an Attorney or Lawyer

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

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

California Personal Injury Attorney Website

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A California Traffic Study finds a Decline in Cell Phone Related Accidents

woman on cell phone while driving

Notwithstanding California's cell phone use while driving ban, people are still violating the law

We have seen a lot of debate about the success of California’s controversial ban on the use of cell phones while driving. However, a new study by a state agency confirms that these particular laws have been accountable for decreasing the amount of accidents caused by the use of cellular phones.

According to the report from the California Office of Traffic Safety, the number of traffic accidents involving cell phone use while driving in California dropped by 32% after the laws were implemented. The report says that during the two years following the time when cell phone laws came to be, there were approximately 53 fatalities a result of drivers who had been using cellular phones while driving. In the two years before the law was implemented, greater than 100 fatalities were caused by drivers using cell phones while driving.

The research tracked the success of the cellular phone while driving ban. According to Sen. Joe Simitian, Democrat-Palo Alto, who authored the bill which made it an offense to drive an automobile or other motor vehicle while using a hand-held cellular phone, the state has made substantial progress in reducing the number of motorists who use cellular phones while driving.

Safety agencies such as the Governors Highway Safety Association have much praise for the way California has managed to implement its anti-distracted driving laws. A number of other states have similar laws against the usage of hand-held cell phones while driving. However, in those states, these laws have experienced a limited effect, primarily because of absence of aggressive enforcement.

In California, however, law-enforcement is aggressively enforcing these laws, which means that cell phone use while driving has dropped, although penalties for these particular offenses remain low. The penalty for driving with a hand-held cell phone is $20. This past year, there was an attempt to pass legislation that would increase the fines substantially for using a cellular phone while driving, violations. However, the proposal was vetoed by Gov. Jerry Brown. California Car accident attorneys, and Motorcycle Accident Lawyers such as me have strongly supported any proposal to increase the fines for persons found using a hand-held cell phone while driving.

Progress against distracted driving is going to take years. Sen. Simitian compares California’s war against distracted driving with the war against drunk driving and also the campaign to get additional motorists to buckle up while driving. Progress in these initiatives did not come overnight. After aggressive enforcement, we’re able to see a decrease in cell phone use while driving.

Notwithstanding the State report showing a decrease in cell phone usage, I myself personally see people holding cell phones up to their ears while driving, in violation of the law, all of the time.

It upsets me because I know that these people are not only violating the law, but they are accidents waiting to happen.

It is my practice to subpoena all cell phone records of persons involved in a car, truck, or other motor vehicle accident when I am doing a case against them for one of my personal injury clients. The cops may not have caught you, but I will.

California Car, Truck, Motorcycle Vehicle Accident Attorney Website

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What should you do immediately after a car, truck, or other motor vehicle accident?

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Nobody plans on getting into a car, truck, or other motor vehicle accident, so most people are really do not know what to do if they are involved in a vehicle collision. You may have read the DMV handbook, or heard from friends what ought to be done immediately after a crash, but maybe you are not exactly sure what you should do.

Just after an accident, you could be injured, your emotions and adrenalin may be running on overload, and you might be worried about any family and friends in your vehicle. You should follow the steps below after any accident, no matter how serious.

Stay at the scene of the accident.

Leaving or fleeing the scene of an accident, even if it was not your fault, may lead to criminal charges. After an accident you should pull to the side of the road if you can; you should not leave your car in traffic lanes if it can be moved.

Ensure everyone is OK

Check on passengers, if any, and any drivers or passengers of other motor vehicles involved in the vehicle accident. If someone is hurt, never move them unless it is absolutely necessary, call 911 immediately if you can, or have someone else call if you cannot.

Call Law Enforcement.

You should always call law enforcement from the scene of an accident no matter how serious the accident is, no matter what. Law enforcement won’t always show up, especially when there aren’t any injuries; however you should at least try to get them to come out and write an accident report.

Exchange information with the other driver

The more information you get, the better it will be for you later on. At the minimum you want to obtain their Driver’s license number, driver’s license name, driver’s license address, driver’s license expiration date, any restrictions on driver’s license, vehicle license plate number, all info from their vehicle registration card, all information from their insurance card, write down a description of the driver in case they try to claim someone else was driving.

Take as many pictures as possible of all things. The car, the scene, the damage, skid marks, the road conditions, weather, traffic signs, everything, even the other drivers license, passengers, the actual other driver, etc.

Try to find witnesses.

If there are witnesses try to get their version of the events. If their version is helpful to your case, get all of their information and ask them if they will be a witness for you.

These are the first steps you need to take at the scene after you’ve been in an auto accident.

Whatever you do, DO NOT apologize or make any unnecessary statements. Don’t speak to anyone; keep your statements to the minimum, above all, never admit you are at fault!

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

California Car, Truck and Other Motor Vehicle Accident Attorney Website

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Typical Injuries Resulting from Car and Motor Vehicle Accidents

Graphic showing shoulder injury in a car crash

Graphic showing shoulder injury in a car crash

Motor vehicle accident injuries affect differing parts of the body. Head, neck and back injuries are certainly the most frequent, but motor vehicle collisions also frequently affect internal organs, and upper and lower limbs. The following are among the most common injuries, symptoms and treatment for motor vehicle accident injuries:

Head & Neck injuries

Traumatic brain injury (TBI) is an extremely serious injury that may result in a car accident. Such a brain injury occurs when the external force of a motor vehicle accident traumatizes the brain. Brain injury may result in permanent or temporary impairment of the brain’s functions. Skull fractures, bruises of the brain (hematoma), and nerve damage in many cases are associated with such brain injury.

Brain injuries are more common in side impact motor vehicle collisions compared to rear-end vehicle accidents. Brain damage in a vehicle accident is frequently associated with the quick acceleration and deceleration of the brain, which causes injury to the point of impact and it is opposite point or contrecoup. Diagnosis of a brain injury can be difficult. Concussions are associated with traumatic brain injury as well as seizures, headaches, dizziness, deficiency of concentration, memory loss, depression or anxiety. CT scans and MRI scans can be used to diagnosis brain injury.

Neck injuries vary from whiplash, probably the most common and annoying injuries caused by car accidents, to disk injuries. Whiplash is an injury frequently related to rear-end impacts. Whiplash injures the soft tissues comprised of nerves, ligaments and muscles. It causes neck pain and limitation of head and neck movement effecting rotation and peripheral vision. It may be temporary or permanent and can affect all aspects of life. If whiplash lasts for more than a few days after a motor vehicle accident physicians will prescribe medications and often refer patients to physical therapists or chiropractors for rehabilitative therapy.

Temporalmandibular joint (TMJ) injury is an injury to the joint and ligaments that allow the jaw to move. Similar to whiplash, the TMJ joint is injured in the acceleration and deceleration of a motor vehicle accident. This may occur with direct or indirect damage to the jaw and effects chewing, eating and speech.

Intervertebral discs make up the spine. The disks lie between each bone (vertebrae) within the spine and form joints giving spines flexibility. Discs are made up of an outer skin called an annulus that surround the interior nucleus, a jelly like substance. If the annulus is torn, a disc may herniate and need surgery. Disks in the neck and spine may bulge, slip or rupture, hence the phrases bulging disc, slipped disc, and ruptured disc. CT scans and MRI scans are often used to diagnosis disc injuries and since such tests are costly doctors will not likely order them immediately after a vehicle accident. It frequently occurs where a disk injury or herniated disc isn’t diagnosed until months following a motor vehicle accident.

Back Injuries

Intervertebral disks in the neck, cervical discs, aren’t the only discs injured in car accidents. Thoracic, mid-back, disks and lumbar, lower back, disks may also be injured in car accidents. Compression fractures may be caused in such accidents causing permanent disability. Also, herniations or bulges may cause spinal-cord compression. Symptoms of spinal injuries include arm and/or leg weakness, paralysis, difficulty breathing, numbness, tingling, and abnormal bowel or bladder control. Disc injuries causing those symptoms may require surgery to eliminate disc material or spinal fusion.

In the same way whiplash injures soft tissues involving the neck, the back nerves, ligaments and muscles may be traumatized by a car accident causing inflammation and pain. Prescriptive medications in many cases are used initially but for continuing pain and inflammation, patients are sent to physical therapists or chiropractors for rehabilitative therapy. Such therapy generally includes infrared heat, hot packs, paraffin bath, hydrotherapy, diathermy, cold packs, ultrasound, electrical stimulation, muscle strengthening, traction, massage, or acupuncture. Another common treatment is steroid injection.

Internal Organs

Internal injuries from a motor vehicle accident include injuries to bowels, kidneys, the spleen, liver, lungs, heart or aorta. Fractured ribs are quite common and could also puncture lungs along with other body organs. Torn spleens are also a frequent injury and may require extensive hospitalization.

Upper limbs

Hands, forearms, arms, shoulders, wrists and fingers in many cases are injured in car accidents as well. Fractures are typical and treatment generally involves splints and casts. Occasionally, such injuries will demand surgery together with splinting and casting. Therapy may also be required for increasing reduced strength and range of flexibility.

Rotator cuff injuries are frequently a result of automobile accidents. MRI scans are often used to diagnosis rotator cuff tears but since these tests are costly doctors will typically not order them immediately after a car accident and will wait for completion of physical rehabilitation before ordering an MRI. Severe shoulder injuries will require shoulder reconstruction.

Lower limbs

Hips, legs, knees, heels, ankles, and feet are also commonly damaged in car accidents. Achilles tendon injuries, ankle sprains, collateral ligament injuries and stress fractures are normal. Fractures in the pelvis, femur, patella, tibia, and ankle may require casting or surgery. For serious hip and knee injuries, total hip replacements or total knee arthroplasty might be necessary following a car accident.

It is very important that you select an experienced personal injury attorney if you have had a car crash or other motor vehicle accident, one who is not only familiar with the injuries you have sustained in the accident, but also the treatment and prognosis as well.

You should be able to tell during a consultation with a reputable personal injury attorney right away, whether they know what they are talking about or not.

Also look at their ratings; Attorney Norman Gregory Fernandez has been rated 10 out of 10, the highest rating possible by Avvo.

Our law firm handles car 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 me for a free consultation at 800-816-1529 x. 1.

California Car and Motor Vehicle Accident Attorney Website

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Lawsuit seeks to block New Los Angeles Police Department Unlicensed Driver Policy

city of los angelesA lawsuit has been filed to try and block a new Los Angeles police policy that will let unlicensed drivers, including undocumented immigrants, skirt a mandatory 30-day impound rule after a traffic stop.

A group of civil rights attorneys filed the complaint on Thursday in Los Angeles Superior Court.

The complaint seeks to block enforcement of LAPD Chief Charlie Beck’s new policy to prevent “wasteful, unlawful and unconstitutional police policies.”

It names Beck, CHP Commissioner Joseph A. Farrow, the city of Los Angeles and also the state of California.

“The problem with the 30-day impound is it’s enforced against people with basically not much money,” said Donald W. Cook, an attorney who filed the complaint. “It really is a financial racket. It’s a Robin Hood in reverse.

“This isn’t regarding the state’s power to seize and take away from the street cars that cannot be left on the street for just about any number of reasons,” Cook said. “It’s about ability of the owner to obtain the car back less than Thirty days and in many cases immediately.”

Cook and his fellow colleagues have a similar case that’s pending in federal court.

Several cities, including L.A., produced motion recently to have that case dismissed, claiming the issues are already decided by an earlier appellate court ruling.

The judge could rule on the motion any day, Cook said.

No court date in the most recent case has been set.

LAPD spokesman Gus Villanueva said the department had not seen the complaint and could not comment.

The complaint argues the LAPD policy change illegally requires a mandatory 30-day impound of drivers stopped with an expired California driver’s license or even a foreign driving license.

It argues the department unlawfully prevents the owners of vehicles from getting their cars back before 30 days when another driver who is not the owner was to blame for any violation and impound.

The complaint also contends LAPD procedures for notifying vehicle owners of an impound deny alleged violators due process by not notifying them of any hearing date to contest an impound.

The city Police Commission a week ago approved a new policy that allowed offenders who have valid identification, car registration and proof of insurance to avoid a mandatory 30-day impound.

Under the policy, drivers who were at fault in an accident, or had prior convictions for driving unlicensed wouldn’t be eligible for a shortened impound.

Beck, who proposed the policy with the backing of immigrants’ rights groups and Mayor Antonio Villaraigosa, said last week the modification was an attempt to get rid of confusion by officers in the field over two conflicting laws regarding when to impound a car or truck as well as for how long.

He also said the policy discriminated against undocumented immigrants, who are unable to get driver licenses.

Two attorneys behind the lawsuit argued it did not go far enough, saying it does not curtail the high costs of getting a vehicle towed and impounded.

A 30-day impound costs about $1,500, as outlined by attorney Cynthia Anderson-Barker.

The Los Angeles Police Protective League, the union representing rank-and-file police officers, challenges the plan. The union believes the law encourages more unlicensed drivers to be on the highway and jeopardizes public safety.

The LAPD impounded about 30,000 cars last year. About Eighty-five percent of such were for violations of the state vehicle code that mandates a 30-day impound.

A memo by the state Legislative Council, which provides legal counsel to state legislators, questioned its legality, even though the Los Angeles City Attorney said the law is legally defensible.
Da Steve Cooley sent a letter to the commission stating the plan violates state regulations and would make the city vulnerable to lawsuits.

The polarizing impound policy has taken place within a heated and emotional national debate over immigration.

“What I’m saying really is easy. We all have to cut off the magnets which are drawing individuals to come here illegally,” California Assemblyman Tim Donnelly said..

“We must stop rewarding people, giving them free college tuition – Hey incidentally, if you don’t possess a driver’s license we’ll make totally new classification. Hey, when you get your vehicle impounded we’ll clear that with another law.”

Beck acknowledged after the commission’s vote that the debate was “far from over,” but insisted the policy would still crack down on unlicensed drivers who are repeat offenders or cause accidents.

“This isn’t a free ride,” the chief said.

The commission’s vote isn’t automatically susceptible to review by the City Council, but the council could vote to take up the issue.

As a personal injury and car accident attorney who does many cases throughout the City of Los Angeles, and who follows the law, I for one am against the new Los Angeles Police Policy and think that State Law should be followed.

I see many accidents where one of the parties are unlicensed and should not be on the road. Also many hit and run accidents are done by persons with no license or persons whose license has become suspended.

To reward those who don’t follow the law and allow them to skirt the 30 day impound period, at least to me an accident attorney, is a threat to public safety and should not be done.

It is the Law of California that all drivers be licensed. If someone wants to drive without a license and endanger us all, they should be made to pay.

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

Los Angeles Car Accident Attorney Website

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Toyota and Chrysler announce huge vehicle recalls

Toyota Tacoma

Toyota Tacoma

Los Angeles – California

Toyota Motor Corp. intends to recall almost 700,000 vehicles as a result of a number of safety issues.

Chrysler Group also announced a big recall.

Toyota said it will recall 495,000 Tacoma trucks from the 2005 to 2009 model years to replace the steering wheel spiral cable assembly.

The automaker has detected friction within the cable assembly that can disconnect the driver’s airbag, preventing deployment in a crash.

Additionally, Toyota will recall 2009 Camry sedans and 2009 to 2011 Venza vehicles to exchange the stop lamp switch. Approximately 70,500 Camrys and 116,000 Venzas are covered by this recall. The Camry is the best-selling passenger car in the United States.

Toyota said that in the installation of the switch at one of its American assembly lines, silicon grease could possibly have reached within the switch and caused a rise in electrical resistance.

“If this occurs, warning lamps on the instrument panel might be illuminated, the vehicle might not start, or even the shift lever might not shift from the ‘park’ position. In some instances, the automobile stop lamps could become inoperative,” the automaker said.

Meanwhile, Chrysler is recalling about 210,000 Jeep Liberty sport utility vehicles originally in Midwestern and Eastern Seaboard states which use road salt during the winter months. Corrosion issues with rear lower control arms could cause a motorist to lose control of the SUV.

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

Los Angeles Car Accident Attorney Website

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Basic California Motor Vehicle Collision Information.

California Car Accident InformationVehicle 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.

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Fleeing hit-run driver injures 5 people, 3 seriously in second crash; Maybe it is time to increase penalties.

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

Scene of Woodland Hills, CA Accident Caused by Fleeing Hit and Run Driver

WOODLAND HILLS, LOS ANGELES – California

A driver fleeing the scene of an accident ended up colliding with two other cars on Ventura Boulevard at Desoto Avenue in Woodland Hills on Saturday.

Police said the driver of a red convertible got into an accident on another portion of Ventura Boulevard. He then took off and continued eastbound, colliding with two other cars that were stopped at a light at Desoto Avenue at around 11:30 a.m.

Five people were injured, three of them critically.

The driver of the car involved in the original hit-and-run accident said the red convertible rear-ended him. He and his daughter were not injured.

This particular accident really hits home for me, because it happened right or I grew up.

I don’t know what’s going on lately but it seems to me that there is a marked increase of hit-and-run drivers, and people fleeing the scene of accidents that their in.

In this particular accident, five people were injured, three critically, because some idiot decided not to stop after they were in accident.

It seems to me if there were mandatory jail sentences for hit-and-run drivers, with sentences being much tougher for hit-and-run drivers, that the word would get out and more people would stop after they’re in a car accident.

Furthermore, I believe that drivers, who were convicted of hit-and-run driving, should lose their driver’s license privileges for the rest of their life. I think maybe with these types of stiff penalties, accidents like this would not happen, and more people would stop rather than flee the scene of an accident.

What do you think?

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

Woodland Hills Car Accident Attorney Website

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5 People are dead so far in Los Angeles County So Far During Labor Day Weekend

California Personal Injury Lawyer Blog NewsA fiery crash on the 110 Freeway and several other traffic accidents have claimed the lives of five people on Los Angeles County streets and highways so far over the Labor Day weekend, authorities said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Los Angeles County Car Accident Attorney and California Personal Injury Website

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Man dies in Angeles Crest crash; Excessive Speed, Alcohol Likely to Blame for Wreck

California Personal Injury Lawyer Blog NewsA driver heading toward La Cañada on Angeles Crest Highway was killed at about 3 a.m. Friday when he lost control of his car, careened into an embankment and collided with a tree, officials said.

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

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

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

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

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

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

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

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

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

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

La Canada Flintridge and Angeles Forest Highway Accident Attorney Website

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A 37 Year Old Women Passenger Killed on I-5

California Personal Injury Lawyer Blog NewsA 37-year-old Montebello woman was killed Monday in a one-vehicle crash on southbound Interstate 5 near Los Banos, the California Highway Patrol reported.

The woman was identified by the Merced County coroner’s office as Josephine Rendon.

Rendon was a passenger in a 2004 Ford F-250 pickup that was traveling about 60 mph south of Highway 165.

The truck was being driven by 34-year-old Jose Serna of Los Angeles. Alvaro Velasquez, 35, also was a passenger in the truck.

The right rear tire of the truck had a tread separation, and Serna reacted by turning the truck to the left. He lost control of the truck, which spun counterclockwise and traveled across the southbound lanes. The truck then overturned in the center divider.

The victim was partially ejected and pronounced dead at the scene.

She wasn’t wearing a seat belt, the CHP reported. Velasquez and Serna were unhurt.

DUI wasn’t a factor in the crash, which remains under investigation.

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

Los Banos Wrongful Death Attorney Website

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Two young students hospitalized after being hit by car in Azusa, California

Scene of Azusa California Pedestrian Accident

Scene of Azusa California Pedestrian Accident

AZUSA – California

Two 14-year-old students were hit by a car while walking to school Tuesday morning, leaving them hospitalized in critical condition.

The boy, a student at Azusa High School, and the girl, a student at Foothill Middle School, were crossing Baseline Road near Rockvale Avenue about 7:30 a.m. when they were struck by a white Nissan Maxima driven by an Azusa woman.

Azusa police Cpl. Donald Manley said a preliminary investigation indicated the driver was not speeding nor was she under the influence of drugs or alcohol.

Her view of the street may have been obscured by the morning sun, Manley said.

It has not been determined if she had a green light at the time of the accident.

Ashlie Makroglous, 20, lives in a home next to the intersection. She said it looked as though the girl was injured worse than the boy.

Both students were taken to Los Angeles County-USC Medical Center by a Los Angeles County Fire Department helicopter that landed on the field at Azusa High School a short time after the accident.

“They were here within minutes,” Manley said.

Kathleen Miller, spokeswoman for Azusa Unified School District, said counselors are visiting both schools to speak with students who witnessed the accident. She also said a letter explaining the situation will be sent home to parents.

“We’re praying for the best for both their families,” she said.

The students aren’t the first to be struck by a car in the intersection. In September 2008, 11-year-old Martin Solorio was hit and killed by a car while riding his bike home from his first day at Foothill Middle School.

Makroglous said she didn’t understand why no crossing guard has been posted at the intersection – used by many students who live south of the 210 Freeway.

“That’s now three kids,” she said.

Azusa Mayor Joe Rocha said the city and school district “work together as a team” to provide crossing guards – the city pays for them and the district places them where they are needed.

Rocha said he’d like to see more crossing guards used throughout the city, especially in that intersection.

“I know it is a pretty high speed area,” he said. “You see many kids using the pedestrian bridge and it empties right out into Rockvale.”

Fred Vel, 47, lives next to the intersection and said he was saddened by the accident. He hopes something will be done.

“It would be great to have a crossing guard here,” he said. “Anything to help this out.”

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

Azusa California Car Accident and Pedestrian Accident Attorney

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Did a Pot Hole Cause a Fiery Studio City California Car Accident?

Scene of Studio City Car Accident

Scene of Studio City Car Accident

Studio City – California

An elderly driver was rushed to the hospital after losing control of her car and smashing into a brick wall.

It happened at approximately 11:30 this morning on the 11700 block of Ventura Blvd. just west of Colfax Avenue.

Witnesses say the woman was driving through an alley on the northbound side of the street when she hit a pothole and careened across both lanes of traffic before slamming into the wall.

“She ran the curb and hit the wall,” said one of the responding LAPD officers.

Police, citing privacy concerns, refused to comment further. However, it did not appear the woman’s injuries were life threatening.

Traffic was slowed travelling eastbound on Ventura Boulevard while the woman was carefully loaded into an ambulance.

Now Police State that the Pothole is not to Blame

 Police determined that witness reports of a pothole were not to blame for a crash that injured an elderly driver.

Officer Karen Rayner of the Los Angeles Police Media Relations Department says the driver simply “lost control” of her vehicle before slamming into a brick wall on the 11700 block of Ventura Boulevard.

According to Officer Rayner, the driver, identified as an 82-year-old female, was headed southbound on Colfax Avenue and attempting to make a right hand turn onto Ventura Boulevard. Investigating officers are still unclear as to what caused the woman to lose control.

The driver was rushed to the hospital complaining of injuries. Police say she suffered a broken bone but the injuries are not life threatening.

The accident happened Friday morning at approximately 11:30 a.m. Traffic was slowed heading eastbound on Ventura Boulevard as paramedics loaded the woman into an ambulance and responding officers stopped to take witness statements.

I have done many cases where potholes and other road conditions have caused accidents. In my work as a car accident attorney, I have seen the police make incorrect conclusions about the cause of an accident many times.

A police report is not admissible for any purpose in a personal injury trial, except to impeach an officer’s testimony.

The bottom line is that an accident reconstruction expert with solid credentials is the best person to determine the cause of a car crash.

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

 Studio City Car Accident Attorney

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California snowstorms leave one dead and dozens injured in 40 vehicle pile-up

Scene of the 40 vehicle pileup west the Yuba Gap

Scene of the 40 vehicle pileup west the Yuba Gap

A huge 40 vehicle pile-up has left one man dead and several others injured, after heavy snowfalls battered the Sierra Nevada region of California.

The busy Interstate 80 was shut for several hours 70 miles north east of Sacramento while emergency services battled to clear the road after a big rig carrying highly explosive liquid Hydrogen jack-knifed.

The tanker blocked both lanes and as it turned onto its side dozens of cars and trucks ploughed into its side.

Auburn resident Douglas Swasey, in his 60s, was killed in the accident.

The truck was not damaged, officials confirmed, but had it done the hydrogen could have exploded causing even more fatalities.

Three feet of snow fell, creating hazardous conditions for drivers on mountain roads.

The crash at 1.30pm on Friday left the I-80 shut for several hours and caused massive tailbacks, with the route not opening until early this morning.

One driver told News 10 he heard the sound of metal hitting metal for five minutes after the first impact.

More than a dozen other people taken to hospitals in Sacramento and Reno with minor or moderate injuries.

Another driver, Ty Bombach who tried to help the injured told the press: ‘We found a gentleman by the liquid hydrogen truck and I checked his vitals but he was already gone.

I was surprised more people weren’t hurt because of the carnage that was there when we got there and what followed.’

Blizzards and snow up to three feet deep will hit the Sierra Nevada region falling as low as 4,000 feet and will continue over the weekend.

The storms will bring flooding rains, snow and strong winds across much of California.

Heavy rain will affect the central coast and valleys to the Southland from late tonight until Monday, which could bring possible flooding and mudslides.

Coastal regions will suffer up to three inches of rain but south and west-facing foothills and mountains could have as much as seven inches of rain.

Make sure you take it easy out there on the highways.

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

Sacramento Car and Truck Accident Attorney

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3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.PHOENIX — Arizona

A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.

The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.

The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.

There was no sign the truck driver was impaired.

Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.

“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.

Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.

The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.

Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.

“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.

Dozens of police and rescue personnel responded to the crash.

Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.

The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.

The Carefree Highway was expected to be closed for several hours as police investigate the crash.

Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.

You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.

This accident is absolutely atrocious and horrible.

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, 2010

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