Tag Archive: personal injury cases

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

Share

Let’s Talk about Your California Car Accident.

California Car Accident InformationSo you have been in a Car Accident in the State of California. You know the accident is not your fault. You were injured. What should you do?

The first thing two things you need to do are; (1) get the other drivers information, and (2) get medical help; not necessarily in that order.

When you get the other drivers information, try to get as much information as possible, such as all of the information on their drivers license, their phone number, the year, make, model, license plate and vin number of their vehicle, the color of their vehicle, and even a description of the driver and their passengers. You also need to get their insurance information.

Without the other driver’s information, your chances of recovery in the accident are slim to none.

I have had people with great cases, who could not recover because they failed to get the information of the person who hit them.

Most uninsured motorist coverage policies also require you to identify the person who hit you.

With respect to your injuries, you need to seek immediate medical treatment. If you feel like you need to be transported by paramedic to the emergency room, chances are that you are probably right. It is better to error on the side of caution.

Even if you do not have medical insurance, all emergency rooms are required to treat you, and stabalize you. Go to the emergency room if you need to.

When you go to the doctor, make sure you tell the doctor about all of your problems; do not underestimate your complaints.

I cannot tell you how many people I have talked to who are hurt bad, yet when they describe their complaints, they hold back. How can a doctor treat you if you do not tell them what is hurting?

I know you are also concerned about getting your vehicle repaired, finding temporary transportation, and so on.

The best thing you can do now is to retain a personal injury attorney for your California car accident case.

There are many damages that you may be entitled to such as all out of pocket expenses related to the accident, pain and suffering, loss of enjoyment of life, emotional distress, and so forth, which you have no clue how to value or go after on your own.

Further, if you are married, you spouse may also have a cause of action for loss of consortium even if they were not in the car with you.

I estimate that a reputable personal injury attorney such as myself, can get you more money in your pocket for your personal injury case, than you would ever get on your own in 99% of all cases.

The reason is simple, personal injury cases are complex.

The insurance companies exist for one thing only; to make a profit, not pay you money. If they can, they will try to get you to settle for pennies on the dollar for what your case is actually worth.

They may offer you a couple of thousand dollars on a case that may be worth tens of thousands of dollars.

They know that if you are unrepresented, that you are an easy mark!

Don’t be a victim a second time around. You should be worried about getting better, and not about fighting the insurance company. Let me do that for you.

If you have been injured in a car accident, or any other motor vehicle accident in the State of California, give me a call 7 days a week, 24 hours a day at 800-816-1529 ext. 1.

By California Car Accident Attorney Norman Gregory Fernandez, Esq., © March 3, 2011

Share

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

Share

A Fatal Napa Valley Accident Tied to Speeding

A Fatal Napa Valley Accident Tied to SpeedingFour people who died in a horrible SUV versus big rig truck crash on Jamieson Canyon/Highway 12 Thursday morning have been identified as three generations of a family from Oregon and two eastern states.

The Napa County California Sheriff’s Office identified the dead as Matthew Jay Smith, 48, of Ashland, Ore., Laura Katharine Smith, 19, of Downingtown, Pa., and Richard Smith, 80, and Sally Smith, 74, both of Simbsbury, Conn.

Napa Sheriff’s Capt. Tracey Stuart said Sally and Richard Smith were on vacation in the Napa Valley. They were returning to Napa after picking up their son and granddaughter when the deadly chain-reaction collisions occurred.

The California Highway Patrol said a westbound big rig driven by Gustavo Lopez, 42, plowed into the back of the victims’ Suburu Forester that was stopped in heavy rush-hour traffic.

The Forester was pushed into the path of an eastbound tractor-trailer hauling concrete pipe. The big rig, driven by Woodland resident Luis Marabilla, 44, crushed the car, pushing it back across the westbound lane onto the shoulder of the road.

Lopez’s truck continued west and side-swiped a Chevrolet flatbed truck that Hilario Trujillo Jr., 33, was driving.

The victims were declared dead at the scene, the CHP said. Trujillo and Marabilla were uninjured, and Lopez was taken to Queen of the Valley Medical Center with minor injuries.

It appears Lopez was driving too fast for the conditions, based on the slow traffic and the size of the truck he was driving, CHP spokesman Jaret Paulson said.

Lopez told officers that traffic was stop-and-go as he traveled along Jamieson Canyon Road. 

He had stopped just prior to the crash, then accelerated through his gears. 

When traffic stopped again ahead of him, he had too much velocity to stop in time, CHP Officer Ryan O’Day said.

Lopez likely wasn’t speeding, but he was going too fast for conditions, Paulson said.

“It just looks like gross inattention at this point as to what caused the collision,” O’Day said.

Under federal law, commercial drivers must submit to a chemical test if they are in an accident. There was no sign that Lopez was under the influence of alcohol or drugs, O’Day said.

Lopez had started his trip in Woodland so he likely hadn’t been on the road long enough for fatigue to be a factor, O’Day said. Lopez wasn’t carrying a load so he wasn’t in a hurry, he said.

The CHP will decide whether to forward the case to the Napa County District Attorney’s office for prosecution. 

“Being that four people are dead because of inattention, I would be surprised if they didn’t press some sort of charges,” O’Day said.

They could range from reckless driving to vehicular manslaughter, he said.

Thursday’s crash brings the fatality total this year to eight victims from five crashes on Napa County roads.

The last time four people died in one crash was on Nov. 15, 2008, on Deer Park Road near Sanitarium Road outside of Angwin, O’Day said.

Napa County hasn’t seen a crash that killed more than four people since it started keeping records in 1999, he said.

The last time someone died on Jamieson Canyon Road was in December 2004, Paulson said.

Napa Valley California Truck and SUV Accident Attorney Website

Share

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

Share

Three Whittier California children killed in morning crash on the 5 Freeway

5 people killed in santa clarita / newhallSANTA CLARITA – Newhall,  California

Three of five people killed in a chain-reaction crash on the southbound 5 Freeway near the 14 freeway, early Monday were local children, authorities said.

Cynthia J. Hernandez, 9, Edgar A. Hernandez, 8, and Xochitl M. Hernandez, 5, all of Whittier, were killed after the car they were riding in collided with an overturned pickup truck at 12:14 a.m. on the southbound 5 just before the Balboa Boulevard exit, said California Highway Patrol Officer Jon Lutz.

Their cousin, Luis Villegas, 12, of Oakland was also killed.

The back of the Nissan the children were riding in caved in when the car was then rear ended by a Chevrolet Suburban, Lutz said. No one in the SUV was seriously injured.

The children’s mother, who is in her 30s, survived and was taken to an area hospital in critical condition. Another man in his 20s was also in the car and was taken to the hospital in critical condition, Lutz said.

John Blackburn, 54, of Frazier Park, who was the driver of the pickup truck that triggered the accident when it hit the center divider, spun out of control and overturned, was killed.

If you our your family has been injured in a car accident call us for a free consultation at 800-816-1529 x. 1.

Santa Clarita Car Accident Attorney and Wrongful Death Attorney Website

Share

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

Share

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

Share

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

Share

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

Share

California Highway Patrol: Is Your Car Ready For Severe Weather?

California Highway Patrol: Is Your Car Ready For Severe Weather?Winterhaven – California

Experts say it’s very important to make sure that your car is ready for severe weather.

Experts say now is the time to make sure that your car is properly maintained and equipped for inclement weather. According to the Winterhaven California Highway Patrol, accidents in the Desert Southwest increase during rain and other bad weather. That’s why officers encourage you to leave yourself extra time when driving in bad conditions, and don’t follow too closely.

It’s important to make sure you have plenty of tread on your tires, and that they’re properly inflated. Officers say it’s also important to make sure that you have adequate windshield wipers and an appropriate emergency kit if your car breaks down.

Following an accident, officers ask that you pull to the side of the road, make sure that those involved in the accident are ok, and call the proper authorities.

Officer Steven Gronbach with the Winterhaven CHP Office says there are several reasons why people get in accidents during bad weather.

“Excessive speed, things of that nature, following too closely, sometimes the water will build up on the roads, and if it hasn’t rained, especially here in the desert for quite some time, oil will build up and cause a slick environment,” said Gronbach.

Officials say the most important thing you can do to keep yourself safe is wear your seatbelt.

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

California Motor Vehicle Accident Attorney Website

Share

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

Share

SUV overturns in Highway 101 Crash in Oxnard California, hurts 7 bound for CLU swim meet

Oxnard California Truck Accident AttorneySeven people were injured, including four Washington state residents, when a SUV rolled over Thursday afternoon while going south on Highway 101 near Vineyard Avenue in Oxnard.

The accident was reported about 1:45 p.m., said Steve Reid, a spokesman for the California Highway Patrol in Oxnard.

The seven, and an eighth person who was not injured, were on their way to a swim meet at California Lutheran University when the vehicle they were riding in overturned into the dirt portion of the highway’s center divider, Reid said.

The incident started after a tanker truck traveling in the same direction tried to move from the third to the second lane, Reid said, causing the driver in the second lane to swerve into the first lane, where the SUV was.

Reid said Kyle Homad, the 23-year-old Seattle man driving the SUV, lost control of the vehicle and it overturned, landing on its side.

Homad received minor injuries, including cuts to his face, the CHP reported. He was taken by ambulance to St. John’s Regional Medical Center in Oxnard.

Six of the seven people riding with Homad also received minor injuries, Reid said.

Everyone in the vehicle was wearing a seat belt.

While the vehicle that swerved to avoid the tanker truck stopped at the scene, the truck continued south on 101.

Anyone who saw the accident is asked to contact the Ventura CHP at 805-477-4100.

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

Oxnard California Truck Accident and Car Accident Attorney

Share

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

Share

Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform is a ScamWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

 I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

Share