Tag Archive: motor vehicle accidents

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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An incident involving Lindsay Lohan hitting a man with her car could threaten her probation

Lindsay Lohan in Court with her attorney

Lindsay Lohan in Court with her attorney

Lindsay Lohan’s probation may very well be threatened by an accusation that she hit a man with her car outside a Hollywood club early Wednesday morning, if the individual files a police report and she is actually found to have fled the scene.

The incident occurred shortly before 1 a.m. at a parking lot in the 6500 block of Hollywood Boulevard, said Officer Norma Eisenman. Lohan was surrounded by paparazzi and was trying to negotiate a U-turn in a parking area when her car allegedly brushed the leg of the man, reportedly a manager in a nearby club.

The actress left the location but Eisenman said the department at this time doesn’t consider it a hit-and-run.

“We aren’t commenting until we’ve gathered all the facts,” Steve Honig, a spokesman for Lohan, said Wednesday.

Legal experts stated that police can only initiate a probe if the victim files a complaint.

“A hit-and-run is a violation of her probation,” they said. “She was ordered to obey all laws. Leaving the scene of an accident is a violation of Vehicle Code section 20002,” they said

According to the LAPD, the guy called police, who took down the information but didn’t make an official report because at that point he wasn’t deemed to be injured.

Officers did not contact Lohan, Eisenman said.

Lohan continues to be on probation since a 2007 conviction for driving under the influence. Since that time she has been found guilty of shoplifting and is also currently on probation for both offenses.

The 25-year-old actress has been sent to jail several times for violating the terms of probation. But in the last few months under a strict regime of community service at the morgue and counseling, a judge has praised her behavior and may take her off supervised probation later this month.

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

Hollywood Car 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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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.

California 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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Two People are Dead in Agoura Hills Car – Truck Accident

Deadly Agoura Hills Accident on 101 Freeway on July 2, 2010AGOURA HILLS, California ― Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

Two people are dead and a third is critically hurt after slamming into the rear of a big-rig on U.S. Highway 101 west of Los Angeles.

The California Highway Patrol says the pre-dawn crash shut down northbound lanes for about an hour.

Southbound traffic was halted briefly while a helicopter landed on the highway to airlifted the injured person to a hospital.

Television helicopter cameras showed the wreckage of a silver car wedged underneath the rear of the big-rig trailer, which was apparently parked on the shoulder at the time of the crash.

The 4:40 a.m. crash occurred just past the Kanan Road exit near Reyes Adobe Road, backing up morning commuter traffic and holiday getaway travelers getting an early start for the Fourth of July weekend.

Agoura Hills Car Accident Attorney and Agoura Hills Wrongful Death Attorney Website

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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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Toyota sued over deaths in horrendous California crash

Toyota Product Defect AttorneyLos Angeles – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Toyota Product Defect Attorney

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EZ Lube CEO arrested for Drunk Driving after Newport Beach, California Crash.

EZ Lube CEO in Drunk Driving AccidentNEWPORT BEACH – California

 A man arrested on suspicion of drunken driving after crashing twice within a city block is the chief executive officer of EZ Lube, an oil-change chain.

Mark David Goodman, 41, has not been charged with a crime since posting bail Tuesday afternoon.

Goodman, who was not injured, was arrested shortly after 5:30 a.m. Tuesday, after his 2009 Cadillac Escalade crashed into a psychic-reading business.

Goodman held senior executive positions at McDonald’s, Walmart and 1,200-store Save-A-Lot before joining EZ Lube recently.

On Tuesday, Goodman’s Escalade jumped a curb along East Coast Highway, knocking over a parking sign, and smashing straight into a knee-high brick planter at Directors Financial Group.

Goodman then apparently backed off the parking sign, and continued a block north, jumping the curb again, breaking another parking sign, scraping a palm tree, and continuing down a sidewalk before smashing into a bus stop bench and finally coming to a stop inside the Crystal Lotus, 3100 E. Coast Highway, in Corona del Mar.

Goodman did not return a call for comment.

Anita Marie Laurie, an EZ Lube spokeswoman, said, “I spoke to him and he said he’s just grateful that no one was injured.”

Goodman took his current job three months ago, when EZ Lube came out of Chapter 11 bankruptcy.

EZ Lube, a chain of 85 or so oil-change shops based in Southern California, ran into financial troubles after two investigations found evidence that the company routinely defrauded customers.

In December 2007, EZ Lube agreed to a $5 million settlement with the Orange County district attorney to end legal action. The company paid $3 million toward the settlement, but declared bankruptcy in December 2008 before paying the rest.

EZ Lube is the latest stop for Goodman, who once ran U.S. strategy and operations for McDonald’s.

After McDonald’s, Goodman had stints as a top executive for two other companies.

For 14 months, Goodman was an executive vice president for marketing at Sam’s Club. Four months after he left, he got a job in April 2007 as chief operations officer for Save-A-Lot, where he stayed for 15 months.

Bottom line folks, do not drink and drive; you could kill someone and then end up in jail for a very long time.

Newport Beach Car Accident Attorney Website

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

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

The accident was reported about 9 p.m. on I-8 west of state Route 79. A 66-year-old woman traveling westbound on I-8 in a 1998 Chevrolet Lumina, going about 75 mph, for unknown reasons drove off the south side of the road through a dirt and grass divide and onto the eastbound lanes of I-8, where her vehicle struck two cars, said California Highway Patrol Brian Pennings.

The woman was trapped in her vehicle until emergency crews could extricate her. She was taken by helicopter to a hospital with a broken right ankle and internal injuries, Pennings said.

A 27-year-old driver also had to be extricated from his 2007 Honda Accord, which was struck head-on by the Lumina. He was taken by ambulance to a hospital after he complained of pain, Penning said. The 34-year-old driver of the second car that was struck by the Lumina wasn’t injured.

All eastbound traffic was shut down at Willows Road after the 9 p.m. crash for about an hour, Pennings said.

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

San Diego Car Accident Attorney Website

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Deadly crash Involving an 11 year old driver- Why was he driving?

11 Year Old Jose Silva Dies in Car AccidentThree lives were lost when 11-year-old José Silva ran a stop sign at the intersection of Avenue 152 and Road 168 near Woodville, California.

A truck headed south on Road 168 didn’t have enough time to stop and collided with Silva’s vehicle.

Silva died at the scene along with his mother, Maria Covarrubias, and José’s seven-year old sister Elizabeth Silva.

Both daughter and mother were ejected from the vehicle. Another passenger suffered major injuries. The driver of the truck suffered minor injuries.

“Devastated…I know the mother and her two sons and daughter very well so it’s quite traumatic,” said school superintendent Dr. Donereia Bradley.

Bradley has been close with the family for years.

She says both kids were good in school and never missed a day.

Bradley along with others can’t understand why the boy was driving.

“I would have never thought that would have been the case. I’m stunned. I have no words,” said Bradley. “I was in shock. I was like how did it happen?”

Veronica Rodriguez drove to the family’s home after she heard about the accident.

She says the 30-year-old mother leaves behind a 12-year-old son who stayed home last night.

Why would a mother allow her 11 year old son to drive? Under no circumstances whatsoever should you ever allow an 11 year old to operate a car or truck.

Woodville California Car Accident Attorney

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Highway 126 collision sends 12 people to hospital in Ventura County

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

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

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

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

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

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

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

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

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

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

Ventura County Car Accident Attorney and Lawyer Website

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

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

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

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

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

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

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

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Do not Walk or Run into Freeway Lanes; A CHP Warning to Pedestrians

Capital City Freeway Accident Pedestrian on freeway killedThe California Highway Patrol is warning people to stay out of freeway lanes; even if they have spilled or dropped something from their vehicle; after a woman was fatally struck Saturday morning while trying to retrieve a lost box on the Capital City California Freeway.

Instead, people should pull over in a safe place and call the CHP for help, said spokeswoman Officer Lizz Dutton.

“You never want to be running out in the freeway,” she said. “Ever.”

About 6 a.m. Saturday, a woman died after being struck multiple times by cars as she tried to retrieve a box of hooded sweat shirts that had fallen from the pickup truck she was riding in, Dutton said.

She and a friend, who was driving, apparently were on their way to sell the sweat shirts, possibly at an open air market, Dutton said.

At least one box came loose from the secured load and spilled onto eastbound Capital City Freeway just west of Watt Avenue. The driver pulled over, and the woman ran out into the slow lane when an approaching vehicle struck her.

The driver of that car saw her and tried to brake, but was unable to avoid the woman, Dutton said. Upon impact, the woman was thrown into the next lane, where she was again hit by vehicles. She was pronounced dead at the scene.

On Tuesday, the Sacramento County Coroner’s Office was still trying to identify the woman.

Dutton said alcohol and drugs do not appear to be involved in the incident. Instead, it appears to be an unfortunate accident resulting from unsafe actions, she said.

The woman was wearing dark clothes at the time of the accident, it was still dark outside, and, Dutton said, “pedestrians don’t belong in the roadway.”

California Pedestrian Accident Attorney Website

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Three killed in another accident on Highway 46 North of Bakersfield, California.

Highway 46 North of Bakersfield fatal car accident.Three people were killed in a head-on crash Wednesday afternoon on Highway 46 north of Bakersfield. Friday, four people were killed in an accident on the same highway.

The accident happened at about 2:53 p.m. on Highway 46 just east of Wildwood Road. That’s between Wasco and Interstate 5, not far from Wasco State Prison and the Wasco Valley Rose golf course.

California Highway Patrol officer Robert Rodriguez said a small Toyota was attempting to pass another car on the two-lane road. When the driver of the passing car realized he didn’t have enough room, he tried to get back into his lane, but lost control.

The Toyota slammed head-on into a Dodge Ram pickup, Rodriguez said.

All three people in the Toyota were killed instantly, he said. The driver of the pickup was taken to Kern Medical Center with moderate injuries.

On Friday, one car passing two trucks slammed head-on into another car, killing two people in each.

Highway 46 is sometimes known as “Blood Alley” because there have been so many accidents. It is two-lanes in most places between Highway 99 and Paso Robles.

California Wrongful Death Lawyer and Bakersfield Car Accident Attorney Website

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