Tag Archive: personal injuries

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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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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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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8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.

I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.

You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.

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

I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.

I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.

As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.

They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.

They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.

Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.

If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © August 2010

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6 People killed in Greyhound Bus Accident near Fresno.

Fresno Greyhound Bus Accident

Scene of horrific Greyound Bus Accident

FRESNO, Calif. — A Greyhound bus carrying 47 people and traveling to Sacramento from Los Angeles crashed on a highway in California’s Central Valley on Thursday, killing six and injuring many others.

California Highway Patrol Officer Michelle Sigmond said the bus driver swerved to try to avoid another crash involving an overturned SUV and slammed into a concrete center divider and then struck another vehicle shortly after 2 a.m. just outside downtown Fresno. The bus went down an embankment, hit a eucalyptus tree and came to rest on a freeway off-ramp with its front end smashed and tree branches jutting into the vehicle.

Twisted pieces of metal, broken glass and torn clothing littered the ground around the accident scene.

Arlen Snider, who had been traveling from Phoenix to Sacramento to visit his mother, said he was asleep in the middle section of the bus when the crash occurred. She awoke to the smell of smoke and injured passengers all around her.

“I woke up on the floor of the bus and started helping people off the bus,” Snider, who escaped uninjured, said after arriving in Sacramento’s bus terminal Thursday morning.

In addition to the six dead – four women and two men, including the driver – several people were hurt with injuries that ranged from critical to bruises and cuts, said CHP Officer Kirk Arnold.

It’s unclear if all of the fatalities were on the bus.

“I had just woke up and I heard a boom once, and a boom again and the next thing I know we were down this embankment,” Linda Gee, a passenger on the bus, told KMPH-TV in Fresno.

“I’m alive and I thank god I’m alive,” she said. “There was just bleeding everywhere.”

The bus departed Los Angeles late Wednesday and stopped in Fresno before continuing on its route to Sacramento. It was on its way to Madera for one of about eight scheduled stops when the crash occurred, according to Greyhound spokeswoman Bonnie Bastian.

A relief bus was sent to take nine passengers who wanted to continue on to their destinations.

Northbound lanes of Highway 99, a major route through the San Joaquin Valley, have been closed since the crash.

Fresno Bus Accident Attorney Website

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4 Year Old Boy killed in Hwy. 101 truck crash in South San Jose, California; driver is being held on DUI charges

James Lee is arrested in connection with a crash that killed 4 year old.

James Lee is arrested in connection with a crash that killed 4 year old.

A 4-year-old boy was killed Sunday night in South San Jose after an alleged drunken-driver returning from a heavy metal concert slammed into the back of the family’s broken down pickup truck.

 James “Jimmy” Francis Lee’s blood-alcohol level was “about twice the legal limit” of 0.08, said California Highway Patrol Officer Brien Rayner. “He said he fell asleep.”

About 6 p.m., the boy’s father had been unbuckling his 4-year-old son from the back of the family’s Chevrolet S-10, which was parked on the shoulder of southbound Highway 101 near Bailey Avenue when a Ford F-150 smashed into the truck. The boy’s mother and 12-year-old sister had already gotten out of the truck and were not injured.

Lee, 44, of San Jose was booked into Santa Clara County Jail on charges of felony DUI and vehicular manslaughter while intoxicated, according to Santa Clara County Sheriff’s Office spokesman Sgt. Rick Sung. He has not yet been arraigned, and has until Wednesday to be formally charged if he remains in custody. 

The Santa Clara County coroner’s office identified the boy as Jose Cortes-Diaz of Gilroy. 

The names of his parents and sister were not made public. The boy’s father suffered a broken jaw and fractured rib, according to the CHP reports.

The CHP said the collision caused the Ford to roll over onto its roof and the Chevy to roll down an embankment. The CHP noted that the Ford had been traveling about the speed limit of 65 mph or 70 mph at the time of the accident. 

The crash sent a tool box from the pickup bed of the family’s Chevy flying right into Jose’s head.

“Oh Jesus!” Lee’s father, James Lee Sr., 64, of San Jose, said in an interview when he was alerted of the boy’s death by the Mercury News. “I am so sorry for that little boy. Everybody likes my son. He’s a great kid and a good-hearted guy. But he had no business driving.”

Lee Sr. said he believed his son was at a concert at Shoreline Amphitheatre in Mountain View on Sunday, where bands were playing in the Rockstar Mayhem Festival. Lee Sr. said his son, a father of two daughters, had recently bought a home in Gilroy. Father and son have worked for about three decades together as truck mechanics in San Jose.

Emergency crews said Jose was barely breathing when they arrived.

“The little boy was wedged behind the driver’s seat,” said San Jose fire Capt. Chuck Rangel. “He wasn’t doing too good.”

Firefighters pried him out with the Jaws of Life and hoisted him into a LifeFlight helicopter and flew him to San Jose Regional Medical Center, where he was pronounced dead, officials said.

At the time, Santa Clara County sheriff’s helicopter happened to be flying in the area. Pilot Rob Heyde and partner, Deputy Leo Gonzalez, saw there were injuries down below, and traffic was beginning to jam up. The two decided to make an emergency landing on 101, after clearing the freeway using their public announcement system.

“They really went overboard to help,” said Sung, of the sheriff’s office. They were joined by a San Jose police motorcycle officer who was also there by chance.

Lee Sr. said his son had been in jail perhaps 15 years ago, but he couldn’t remember for what. Lee Jr. has no criminal record as an adult in Santa Clara County. According to a records search by the Department of Motor Vehicles, Lee is a commercial driver who had a spotless driving record.

Lee Sr. said his son, who attended Del Mar High School in San Jose, had been trying to get his life together after a bad relationship. But according to his father, Lee Jr. didn’t have a known drinking problem.

“I wasn’t aware of one,” Lee Sr. said.

San Jose Car Accident Attorney Website / San Jose Truck Accident Attorney Website

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Distracted by cell phone, driver injured in Sutter County crash

Sutter County Car Accident Caused by Distracted Driver on Cell PhoneA Gridley woman who looked down to answer her cell phone in her car suffered major injuries Saturday in a Sutter County crash, the California Highway Patrol said today.

The accident happened about 3:30 p.m. on Larkin Road south of Brubaker Road, just south of the Butte County line.

The CHP said Virginia Hewitt, 31, was driving south on Larkin when her cell phone rang. Her speed was estimated at 50 to 65 mph.

As she looked down, her 1993 Ford Taurus drifted off the road and onto the gravel shoulder.

Hewitt attempted to steer back onto the road and lost control of the vehicle, which skidded across the northbound and southbound lanes, the CHP said.

The front of the vehicle struck an AT&T relay box. The car then jumped across an irrigation ditch, which paralleled the east side of Larkin Road, the CHP said.

The front of the car struck the east side of the ditch embankment. The impact propelled the car south, and it rotated 90 degrees counterclockwise.

The vehicle came to rest in a private driveway.

The CHP said Hewitt suffered major injuries. She was transported to Sutter Roseville Medical Center.

Using your cell phone while driving is dangerous. This accident is a perfect example of why you should not use your cell phone while driving.

What if this driver would have hit and killed someone simply because she wanted to answer her cell phone?

Sutter County Car Accident Attorney Website

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3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, California

3 People Killed this morning In Crash On 101 Freeway In Sherman Oaks, CaliforniaSHERMAN OAKS, Calfornia
Motorists exchanging information after a crash on the 101 Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

Authorities say motorists exchanging information after a crash on the Ventura (101) Freeway in Sherman Oaks were hit by another vehicle, causing a second accident that killed three.

The fatal accident happened at about 2:10 a.m. Sunday on the freeway near the Coldwater Canyon Avenue exit, CHP Officer Anthony Martin said.

The California Highway Patrol says three people had been involved in a prior accident and had stepped out of their vehicles to exchange information when they were struck by another vehicle. Three other people were injured.

The identities of the deceased were withheld pending notification of next of kin.

How much do you want to bet that the person or persons who hit and killed the persons on the side of the road exchanging information were drunk or under the influence of drugs and alcohol?

Sheman Oaks, Calfornia Car Accident Attorney Website

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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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Two Accidents snarl Highway 101 traffic in Novato, California

Novato California car accidentJust minutes after the roadway on northbound Highway 101 was cleared when a big-rig overturned early Monday morning – snarling traffic for several hours – a second four-vehicle wreck in Novato jammed traffic in the same direction.

The second accident occurred at 11:38 a.m. just north of Atherton Avenue and blocked the two left lanes, said Officer Peter Van Eckhardt of the California Highway Patrol.

The wreck involved blue and silver pickup trucks, a small sedan and a gold Lexus. The sedan was lodged under the blue truck, trapping two people, Van Eckhardt said. They were transported to a local hospital; additional details were unavailable.

The single-vehicle big-rig accident at 6 a.m. blocked one lane of traffic that remained closed till 11:30 a.m. while workers emptied a load of vegetables, Van Eckhardt said.

The accident occurred when the Save Mart Supermarkets big-rig overturned just north of San Antonio Road, Van Eckhardt said. The cause of the wreck was under investigation.

The driver suffered minor injuries and was taken to Santa Rosa Memorial Hospital, Van Eckhardt said.

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

Novato California Truck Accident and California Car Accident 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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The Victim of head on car crash in Southern California mourned.

Wrongful Death Victim David Norman ReidFriends, family and students are mourning the loss of a 50-year-old father who was killed Friday in a head-on crash near Steele Canyon High School, where he often volunteered for his kids’ drama productions.

He was identified by the Medical Examiner’s Office Saturday as David Norman Reid, who lived with his wife and family in Spring Valley, California.

Reid was driving a Dodge Caravan east on state Route 94 about a mile west of the school when the driver of a Ford Mustang crossed over the double-yellow line and collided with him head-on, the California Highway Patrol said.

Reid’s 17-year-old son, who was in the passenger seat, suffered serious injuries and underwent surgery Saturday, said the school’s assistant principal, Jeff Kover.

The driver of the Mustang, former student Andrew Bellatti, 18, and his 16-year-old female passenger, a current student, also were injured. They were reportedly released from the hospital Saturday.

It was unknown why Bellatti had crossed into oncoming traffic, but investigators said speed was a factor.

The speedometer on the Mustang was frozen at about 80 mph, said CHP Officer Brian Pennings. He said there was no indication that Bellatti had been racing, or that drugs or alcohol were a factor in the accident.

The road was wet, but it was not raining at the time, he said.

Reid’s son followed in his older sister’s footsteps by joining the charter high school’s drama club, and their parents became well-known volunteers over the past several years.

Reid did everything from building sets and chaperoning to serving at concession stands during plays.
“He’s easily one of the nicest guys you could meet. He always had a good joke or story,” Kover said. “He was there any time we had an event going on, a production or a show. They were always helping out.”

High school records show that Bellatti, who graduated last year, was a pitcher and first-baseman on Steele Canyon’s baseball team. He signed with the Tampa Bay Rays after turning down a scholarship offer to Cal State Fullerton.

Last summer, Bellatti pitched for Tampa Bay’s rookie team in the Gulf Coast League. Professional baseball’s spring training begins next month.

It would appear from the basic facts of this case that the driver of the Mustang was speeding way over the speed limit when he crossed into oncoming traffic and is most probably responsible for the wrongful death of David Norman Reid. We at the California Personal Injury Lawyer Blog send our prayers and condolences to his family.

If you or your family has suffered through the wrongful death of a loved one, you may call our office for a free consultation at 800-816-1529 x. 1.

San Diego Car Accident Lawyer and San Diego Wrongful Death Attorney Website

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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What To Do After A California Motor Vehicle Accident.

What to do after a California Motor Vehicle AccidentOver my years of practicing personal injury laws one of the most common questions I am asked is “What should I do after I am involved in a motor-vehicle accident?”

You feel the impact and hear the crunching of metal, then the accident is over. You lived through the few seconds which seemed like an eternity as you awaited your fate. You take a deep breath and check to see if you are still in one piece. Then comes the thought of “What do I do now?”

1. Call the police. The police should be called to the scene of any accident. They will need to collect the information from both drivers as to license, registration, and insurance. They will speak to each driver as to their account of how the accident occurred. They will complete an accident report detailing all the above information including the facts and potential causes of the accident. The report will be available at the precinct several days after the accident. You should obtain a copy of the police report as soon as possible. They will obtain the names, addresses, and statements of any witnesses to the accident. You should wait for the police to arrive and not discuss the accident with anyone until then. While waiting for the police to arrive, if you are able to do so, you should exchange information with the other driver. If anyone identifies themselves as a witness, try to get his or her name and phone number. If you have a camera or a cell phone with a camera feature and are able to do so, take pictures of the accident scene.

2. Seek medical attention if injured. Some injuries sustained in auto accidents are readily apparent while others may develop over the next few hours or days. If in doubt as to the seriousness of your injuries, it is wise to request an ambulance and to be taken to a hospital to allow a medical professional to evaluate your injuries. If your injuries do not seem that serious, then you can always call your own doctor and make an appointment to be examined. Quite often accident victims will feel just minor aches at the scene but will wake up the following morning with considerable pain. It is always advisable to see a physician to obtain a proper evaluation of your condition.

3. Receive ongoing medical care. Many times an injured accident victim will require ongoing medical care. This may require diagnostic tests such as MRI, EMG, and X-rays which will assist your physician is diagnosing your condition. Your physician will help you determine your medical needs.

4. Contact my personal injury attorney law firm. We can advise you as to your legal rights when you are involved in an accident. We can assist you in making sure that all your medical expenses are paid and in making a claim to compensate you for the pain and suffering you sustained in the accident. You should contact us as soon as practicable after the accident by calling 800-816-1529 x.1.

5. Report the accident to your insurance company. You are required to report the accident to your insurance company within a reasonable time following the accident. You should be wary of accepting any type of settlement offers from any insurance company before speaking with your attorney.

There is no question that being involved in an accident is an overwhelming experience. If you follow the steps that I have set forth it will assist in making sure that your health and your rights are protected.

 The Law Offices of Norman Gregory Fernandez & Associates and Norman Gregory Fernandez has been practicing personal injury law for many years. The firm handles car accident cases and other personal injury matters all over California. For a free consultation, please call 800-816-1529 or you may visit our main personal injury webpage at www.thepersonalinjury.com.

 California Car Accident Attorney Website

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