Category Archives: Damages

CHP Cruiser hits Pickup Truck in Santa Rosa, California; Driver Critically Injured.

Santa Rosa California Crash Involving CHP, Pickup Truck, and MotorcycleSanta Rosa – California

A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.

Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.

The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.

The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.

Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.

Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.

Officers said they had not determined if Dempsey was wearing a seatbelt.

The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.

Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.

Alcohol was not involved, Mensior said.

Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.

Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.

Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website

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Man killed, Six Injured in Truck Accident outside Salinas, California.

Salinas California Car and Truck Accident AttorneyA Salinas Valley farmworker was killed and six other people were sent to hospitals Wednesday when a truck smashed head-on into a car on Alisal Road outside Salinas, California.

The California Highway Patrol said the crash happened shortly before 7a.m. about a mile north of Hartnell Road.

Juan DeLeon Alcantar, 43, was pronounced dead at the scene after a Chevrolet Silverado stuck his Toyota Camry, the CHP said.

The driver of the Silverado, Jose Tinoco, 68, of San Luis, Ariz., was driving north on Alisal Road when the truck crossed over the double yellow lines, officers said. The truck sideswiped a Honda Accord traveling south and continued, colliding head-on with the Toyota.

Two of Alcantar’s passengers, Jose Ricardo DeLeon, 33, and Guadalupe Montoya, 33, suffered major injuries and were taken to Santa Clara Valley Medical Center, the CHP said. A third passenger, Javier Escobar, 38, suffered moderate injuries and was taken to Natividad Medical Center.

All of the men in the Toyota are from Salinas, and Monterey County coroner’s officials said the men were headed to Chualar to work in the lettuce fields.

Tinoco suffered minor injuries in the crash and was taken to Natividad Medical Center.

The driver of the Honda, Yesenia Flores, 21, of Salinas, suffered minor injuries when her car skidded out of control and went into a drainage ditch, the CHP said. She was also taken to Natividad.

A passenger in Flores’ car, Juana Robles, 20, of Salinas, was taken to

Salinas Valley Memorial Hospital, but CHP officers did not say if she was injured.
The CHP said there was fog at the time of the crash but the cause of the collision is under investigation.

Anyone who witnessed the crash is asked to call the CHP Salinas office at 796-2100.

Salinas California Truck Accident and Car Accident Attorney Website

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San Diego Band “A City Serene” involved in a Horrific Bus Accident.

city-sereneA few days into their first tour, promoting their debut album “The Art of Deceiving Perception” the San Diego band called “A City Serene” were involved in a horrific bus accident on Interstate 5 in Kern County, south of Bakersfield.

Six members of the band were traveling north on I-5, approximately a mile and a half south of Grapevine when the accident occurred. According to the California Highway Patrol, a driver in a Ford pickup heading south, lost control of the vehicle, and hit a dirt berm causing it to travel 100 feet before impacting and going over the center divider.

The truck then hit a Honda Civic, which crashed into the bus resulting in another collision. All of the members were air lifted to multiple hospitals in the Central Valley. The band members include singers Xander Bourgeois and Carly Baker, guitarists Kris Renfro and Michael Sherman, bassist/vocalist Marc Koch and drummer Mike Buxbaum.

The band manager Billy Candler released Information regarding their injuries, but for privacy reasons, details on who sustained each injury were left out. Four of the band members suffered concussions and broken bones that required surgery and intensive care. The remaining two musicians are in a coma.

Candler states, “The other two are still in a coma. One has signs of responsiveness. But we’re definitely not even close to being out of the water at all for either of them. Right now it’s kind of a waiting game with them. They are the two we are obviously the most worried about. (The doctors) said it was a good sign they’ve made it this far.”

The crash has impacted the families tremendously. Currently they are staying in hotels near the hospital to be closer to their children.

A City Serene’s CD release show was scheduled to take place Oct.3 at Soma. The show has now become a benefit for the band member’s families to help the large medical bills. The benefit will include Adestria, Casino Madrid, I Am The Heart Attack, Thy Kingdom Come, The Subtle Way and Welcome Seraph.

Tickets are $10 and are available at www.somasandiego.com. There are also a few ways to donate online. Please visit their merchandise website or a pay pal account manager Billy Candler has set up.

“Right now, I can’t stress how important it is for you to help spread the word about the band, their situation, and do anything you possibly can to help raise money for their families. The accident took place near Bakersfield and the whole ACS crew will be up there for a while and it will be expensive.” Band representatives ask to please follow updates @ACitySerene on Twitter and the band’s MySpace page at www.myspace.com/acityserene.

The driver of the Ford pickup truck is obviously at fault in this accident. We send our prayers and condolences to the band and their family.

Bakersfield, Kern County, and San Diego, Bus Accident, and Car Accident Attorney

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Motorcyclist suffers major injuries in Highway 1 crash in San Luis Obispo

Fatal Motorcycle Accident in San Luis Obispo, California

Fatal Motorcycle Accident in San Luis Obispo, California

San Luis Obispo – California

A 24-year-old San Luis Obispo man riding a motorcycle was taken to Sierra Vista Regional Medical Center this morning with major injuries after colliding with a stopped semi truck on Highway 1, the CHP said.

The man, whose name has not yet been released, was riding northbound in the highway’s fast lane when traffic stopped in front of him to allow a semi truck to make a right turn onto Stenner Creek Rd. around 9:05 a.m., according to CHP Officer Joe Vega.

The semi had to take up both lanes on the highway to safely make the turn, Vega said, and it appears the motorcyclist didn’t see the stopped cars behind it in time to slow.

“He swerved to the right,” Vega said, “squeezed between both lanes in attempt to avoid the stopped cars but then collides into the right rear corner of semi.” Drugs or alcohol don’t appear to be a factor in the accident, he added, and no other injuries were reported.

Investigators haven’t yet determined how fast the motorcyclist was going.

Most people would not realize it, but the motorcycle had the right of way in this instance and the truck driver will most likely be held to be at fault.

In California, a driver is not allowed to make a turn unless the coast is clear, notwithstanding the fact that drivers may have stopped for him. Secondly motorcyclist are allowed to lane split in the State of California, so long as they are not going more than 15-20 miles per hour faster than the flow of traffic.

This is an unfortunate accident.

If you or your family has been the victim of a wrongful death in the State of California, or you have had a motorcycle, car, truck, or other motor vehicle accident, feel free to call my firm for a free consultation at 800-816-1529 ext. 1.

California Wrongful Death Attorney, Car, Truck, Motorcycle Attorney Website

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Fatal crash continues to raise questions as to whether the Accelerator Stuck. What do you do when a Car Accelerator Sticks?

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California –

A horrible car crash that killed a California Highway Patrol officer and three of his family members continues to raise questions as investigators try to determine whether their loaner car’s accelerator stuck and what – if anything – could have prevented Friday’s tragedy.

The 2009 Lexus ES 350 came from Bob Baker Lexus El Cajon, where CHP officer Mark Saylor of Chula Vista had dropped off his regular vehicle for servicing.

Toyota, which makes Lexus cars, had recalled the “all weather” floor mats in its 2008 version of that car model because of complaints about them sliding forward and jamming the accelerator. A sales manager at Bob Baker Lexus said he wasn’t sure which mats were in the Lexus loaned to Saylor.

On Monday, Toyota issued a statement saying the company is deeply sorry to hear about the Saylor incident.

“We are unable to comment on this tragic accident until all the facts are known,” the statement said. “It is important to avoid speculation and allow any investigation to run its course.”

It’s not known whether Saylor, a 19-year CHP officer whose job entails vehicle safety inspections, tried to shut off the engine or put the car in neutral – the two most common ways to slow down a vehicle with a stuck accelerator.

Car experts said it’s not always that simple.

An electrical or mechanical failure could have made it impossible to shift into neutral, said Daniel Vomhof III, a vehicle accident reconstructionist with La Mesa-based Expert Witness Services.

Shutting off the engine also can be tricky because most modern vehicles will then lock the steering wheel, leaving the driver unable to steer, Vomhof said.

Asked if drivers have a third option, he replied: “Pray a lot.”

Another complication: A report by the National Highway Traffic Safety Administration found that some Lexus drivers with stuck accelerators tried to turn off the car with the engine control button but didn’t know the button must be held for three seconds.

The agency’s researchers recorded seven crashes, 12 injuries and 40 complaints involving the recalled floor mats in Toyota vehicles.

They also said that when the throttle pedal is fully open unintentionally, some drivers react by hitting the brakes multiple times. This action depletes the vehicle’s vacuum-based power assist, and without that assistance, the brakes must be applied with much more force. Continued driving in that manner can result in overheating the brakes, further diminishing their effectiveness.

Toyota acknowledged the complaints and created new instructions for installing the mats properly. There have been no recalls of the 2009 ES 350, the traffic safety administration said.

On Friday, someone in the Saylors’ Lexus called 911 just after 6:30 p.m. to report the stuck accelerator. Witnesses said the car was traveling northbound on state Route 125 in Santee at more than 100 mph when it entered a T-intersection with Mission Gorge Road.

The vehicle slammed into the rear end of a Ford Explorer and then plowed over a curb and through a fence before hitting an embankment and going airborne. It rolled several times before stopping and bursting into flames in the nearby San Diego River basin.

The CHP said those killed were Saylor, 45; his wife, Cleofe, 45; his daughter, Mahala, 13; and his brother-in-law, Chris Lastrella, 38.

The accident was a wake-up call for some Lexus owners.

Marcelle Khalil of Del Mar, a pharmacist who drives a 2006 Lexus GS 300, said she had a problem with her accelerator two weeks ago. It stuck as she drove into her employer’s parking lot and she narrowly missed a truck before slamming into a curb.

Khalil said she was positive she didn’t step on the gas instead of the brake, but began to doubt herself until she read about the Saylors.

“This could happen to anybody,” she said. “I’m scared to drive my car.”

Blair Carter, a sales manager at Bob Baker Lexus, said “our hearts sunk when we heard” about Friday’s accident.

He said the vehicle had a double redundant fail-safe system that should have shut the car off if there were a major malfunction, and that he had never heard of a situation in which the accelerator was stuck and the car couldn’t be stopped.

“I would get in any of our cars today with my family and drive to Maine,” Carter said.

Product Liability Law –

If it can be proven that the vehicle had a manufacturing or design defect, the family of the persons who were killed in the car crash would be able to sue for wrongful death for a defective product, and not have to prove negligence in Court.

However, if the vehicle which was loaned to the decedent’s had the mats that were recalled by Toyota, then the dealer could be sued under negligence or product’s liability law.

In the end, this is a horrible tragedy for the family of the victims. We have posted this story to provide education to the public on stuck accelerators, and what can be done pursuant to California law if you are the victim of a defective product.

What do you do when your Car Accelerator Sticks?

Car experts recommend trying the following actions if the accelerator becomes stuck while a vehicle is moving:

  • Repeatedly step on the gas pedal to jar it loose.
  • Step on the clutch to disengage the gears or shift the vehicle into neutral.
  • If all else fails, turn the vehicle off. This option could cause loss of power steering or lock the steering wheel in place.

California and San Diego Products Liability and Personal Injury Lawyer and Attorney Website

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1 Bicyclist dead, 2 hurt in horrendous crash in the Angeles National Forest

Southern California Bicycle Accident AttorneyOne local bicyclist was killed and two more injured Saturday when they were hit by an alleged drunken driver on Bouquet Canyon Road in the Angeles National Forest, officials said.

“It appears the drunk driver ran into a group of bicyclists that were riding in the canyon,” said Sgt. Brian Allen of the Santa Clarita Valley Sheriff’s Station. “Two of them were injured and taken to the hospital, and one additional bicyclist was killed.”

The dead cyclist was identified as Joseph Novotny, 43, of Stevenson Ranch.

California Highway Patrol investigators said Marco Valencia, of Canyon Country, was traveling northbound on Bouquet Canyon Road just south of the Big Oaks Lodge when he came to a sweeping left turn in the canyon roadway.

Valencia’s pickup truck allegedly crossed the double yellow lines, traveling into the southbound traffic lane toward a group of cyclists, including Novotny. Valencia’s truck allegedly struck three of the riders and continued northbound, leaving the scene of the collision, according to a CHP news release. Valencia also allegedly sideswiped a Hyundai; the driver was uninjured.

Sheriff’s deputies and CHP officers located Valencia, 20, in his 2001 Ford F-150 pickup truck further north along Bouquet Canyon Road and south of Elizabeth Lake Road, Allen said.

Novotny was pronounced dead at the scene. Rigoberto Himenez Jr., of Saugus, and George Munana Jr., of Valencia, were transported to Henry Mayo Newhall Memorial Hospital, according to CHP reports. Two other riders suffered minor injuries.

Valencia, who was suspected of driving under the influence of alcohol and/or drugs, was arrested and taken to the Santa Clarita Valley Sheriff’s Station to be booked for investigation of several felony charges, including murder, driving while under the influence and/or drugs causing death and hit-and-run causing death, the CHP report said.

He was being held on more than $1 million bail.

Bouquet Canyon Road near the 33000 block – in the Texas Canyon area – was closed about four hours Saturday following the accident, which occured just before 11 a.m.

Jane Skalak, a member of the Santa Clarita Velo cycling group, said she saw the group that included Novotny riding up the canyon as she and others were descending. She said word of the accident spread quickly throughout the cycling group.

“It’s a tragedy,” she said. “As a cyclist, you expect people to respect you and be able to share the road, but the reality is that it doesn’t happen and when somebody’s drunk on a Saturday morning, it’s a tragedy.”

In 2006, Anthony Robert Estrin, an active board member of the Velo cycling group, was hit and killed by a drunken driver on Sierra Highway.

“If I had a dime for every time I thought about what could happen while I’m out riding, I’d be a rich woman. But it’s what we do; we love to ride,” Skalak said.

Maria Gutzeit is a cyclist and advocate with the Los Angeles County Bicycle Coalition who rides Bouquet Canyon a couple of times a week.

She said cyclists are certainly aware the canyons are twisty and car drivers need to be alert and give cyclists some room.

But the fact that the driver was apparently driving under the influence is “absolutely inexcusable” and “just tragic,” she said.

When one local bicycle shop manager heard about the fatality, he was not surprised.

“It happens a little too often out here,” said Curtis Meadows, service manager at Valley Bikes in Newhall. “I just moved out here two years ago. There are too many erratic drivers out here.”

Meadows said he stopped riding on Bouquet Canyon Road because there are too many drivers who don’t pay attention.

I am utterly appalled at this accident. If this guy was in fact drunk, he should be charged with murder and dealt with accordingly. He has killed an innocent bicycle rider, injured others, and caused grief with family and friends all because we wanted to get drunk and drive.

If you or your family was a victim in this accident or any other accident, you may call me for a free consultation at 800-816-1529 ext. 1

Southern California Bicycle Accident Attorney Website

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Van tried to evade head-on Collision east of Meridian, CA.

Meridian, Yuba City California Personal Injury and Wrongful Death Attorney LawyerThe driver of a van carrying 10 unbelted passengers swerved to try and avoid the head-on collision that killed a Yuba City woman, a California Highway Patrol official said Monday.

Lorretta Lynn Deniz, 22, of the 400 block of Emerson Avenue, was pronounced dead at the scene of the Saturday night accident on Highway 20 east of Meridian. Passengers in the van, all from Oakland, had injuries ranging from a broken leg to fractured spines and skulls, according to the CHP.

The collision occurred partly on the shoulder of westbound Highway 20, indicating the van driver, Adolfo Jiminez, 23, swerved to avoid Deniz’s eastbound 1998 Chevy Malibu, said Officer Jeff Larson.

A 7-month-old child in the van, Candy Carillo, suffered a fractured skull and was flown to UC Davis Medical Center in Sacramento. All of the passengers were sitting on the floor of the 2002 Ford van, which had no rear seats, according to the CHP.

Investigators were trying to learn Monday what the van and its Oakland occupants were doing in the area, said Larson.

Also undetermined is why Deniz’s car was in the wrong lane. There was no immediate evidence that either driver had been drinking. Results of a tests on Deniz’s blood will not arrive for weeks, said Larson.

An autopsy Monday morning showed Deniz died from a blunt force injury to the head, said Sutter County Sheriff’s Department spokeswoman Brenda Baker.

Deniz graduated from Yuba City High School in 2004.

A passenger in the Malibu, Marcelino Garcia, 21, who lives on Lincoln Road in Yuba City, was treated for minor injuries at Rideout Memorial Hospital.

Jiminez had a broken leg and was also taken to Rideout.

None of the van occupants were believed to have life-threatening injuries. The other van passengers and their injuries were: Jose Perez, 20, fractured spine; Pedro Perez, 39, fractured pelvis; Efrain Godinez, 35, fractured spine; Maribel Godinez, 23, facial lacerations; Robert Perry, 20, fractured femur; Pedro Martin, 44, injuries not listed; and Jorge Aguilar, 21, cranial bleeding.

Two other passengers, Adolfo Godinez, 18, and Jose Felix, 24, were not injured.

California Car Accident Attorney Website

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Edison power pole knocked over in Silverado Canyon; Injuries Sustained.

Orange County California Personal Injury AttorneySILVERADO CANYON – California

A traffic collision on Black Star Canyon Road just north of Silverado Canyon Road at 3:07 p.m. Saturday caused an Edison power pole to go down, according to the California Highway Patrol.

A truck carrying six people knocked over the pole, injuring multiple people in the vehicle.

An ambulance responded to the scene of the accident, along with Southern California Edison.

Though the accident itself didn’t disrupt power, an Edison spokesman said crews turned off power to 1,544 customers for about four minutes.

12 other customers remained without power as crews continued to work, though it remained unclear when power would return.

What is unclear is whether the driver was at fault in the accident, or that there was some other contributing factor in the accident. What is clear is that the passengers who were injured in the accident could assert personal injury claims against the drivers liability insurance.

If the driver of the truck was at fault, all of the passengers in the truck should be able to recover for their personal injuries from the truck drivers and/or owners liability insurance coverage. The injured parties should consult with a California Personal Injury Attorney as soon as possible.

If you, a friend, or a loved one have suffered a personal injury, or have been a passenger in a car or truck such as the one that collided in Siverado Canyon, and were injured, you may call us now for a free consultation at 800-816-1529 ext. 1. We will tell you over the phone if you have a good case. You may also submit your case online by clicking here now.

By Orange County California Personal Injury Attorey

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Inland Empire California Traffic mishaps have taken a deadly toll.

Inland Empire Wrongful Death Attorney, Inland Empire Personal Injury AttorneyInland Empire – California

At least six people have perished in a series of accidents in San Bernardino, Devore, Colton and near Hemet.

In the worst, a multi-car crash involving a hit-run driver killed three people on Highway 74 west of Hemet. The coroner identified the dead as 11-year-old Zaria Williams of San Jacinto, Cedric Page, 37 of Murrieta and Christine Giambra, 72, of Fountain Valley.

In San Bernardino, David Walters, 42, of Riverside was killed when a car made a left turn in front of his on Kendall Drive.

Near Devore, the California Highway Patrol says Victor Manuel Farias Jr., a 46 year-old resident of Apple Valley, was fatally hurt when ejected from a pickup truck that spun out on Interstate 15 early Wednesday.

In Colton, a motorcyclist was killed Wednesday when he skidded into the rear of another vehicle on Interstate 215 near the county line.

If you or your family have been the victims of  a personal injury or wrongful death you may call our office for a free consultation 24 hours a day, 7 days a week at 800-816-1529 ext. 1.

Inland Empire Wrongful Death Attorney

Inland Empire Personal Injury Attorney

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Pedestrian hit when truck swerves off road.

Valley Center California Pedestrian accident atorneyVALLEY CENTER , California

A 30-year-old man was flown to a local hospital with major injuries after he was hit by a truck that swerved off the road Tuesday morning, authorities said.

The incident took place shortly before 10:15 a.m. on Cole Grade Road just south of Cool Valley Road, about five miles north of Valley Center, according to the California Highway Patrol.

The truck also hit a light pole after driving off the road, CHP Officer Larry Chase said. The driver, a man whose name and city of residence were not available, was arrested, the officer said. He faces charges including reckless driving causing bodily injury and driving while intoxicated, Chase said.

The injured man was in critical condition at a local hospital Tuesday afternoon, Chase said. Additional information about the victim was not available.

I sincerly hope that the man that was hit recovers from this horrendous accident. If he does he will have one hell of a personal injury case against the man that hit him.

Valley Center California Pedestrian Accident Attorney

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The Importance of Keeping Your Liability Insurance Even in Tough Economic Times.

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic timesMy office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

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

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I  will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2009

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Suzuki Issues Urgent Recall For GSX-R1000 Motorcycles

Product Liability Attorney Norman Gregory Fernandez discusses the urgent recall of Suzuki GSX-R1000 motorcycles.Chatsworth, California –

American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.

This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.

The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.

Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.

However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!

If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.

A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.

Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!

Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.

If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.

If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

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The Supreme Court strikes Preemption Argument In Drug Company Case.

California Personal Injury LawyerIn one of the most eagerly awaited decisions of this Supreme Court session, the justices today ruled that drug companies are not shielded from personal injury claims even if the feds approved their products and packaging. The 6-3 decision is a victory for Diana Levine, a Vermont musician, now in her 60s, who sued drug giant Wyeth after she had to have her arm amputated because of a botched injection of the anti-nausea med Phenergan.

The ruling has wide-reaching implications for product liability and personal injury lawsuits, including those pending against Merck & Co. charging that its anti-inflammatory drug Vioxx dramatically increased heart attack and stroke risk.

“Federal law does not pre-empt Levine’s claim,” the justices wrote, “that Phenergan’s label did not contain an adequate warning about the IV-push method of administration.”

To sum the case up, Levine, a guitarist, suffered from migraines and often received an injection at a nearby clinic of Phenergan in her backside to treat related nausea symptoms. But on one tragic visit in 2000, instead of giving her a shot in the butt, the physician’s assistant attempted to inject the drug directly into a vein in her arm using an alternative approved method called intravenous push.

The worker accidentally injected the drug into Levine’s artery instead of a vein, which has the potential to cause a spasm in the artery, reducing the blood supply and sometimes leading to gangrene. Indeed, the right-handed musician rapidly developed an infection in her right hand and forearm, and doctors were forced to amputate the blackened limb in two stages.

Although the packaging was approved by the Food and Drug Administration and described the risks of Phenergan, Levine’s lawyers argued that the warning against IV-push should have been stronger. A Vermont jury awarded Levine $6.7 million in damages, and the Vermont Supreme Court upheld the decision in 2006. But Wyeth appealed to the U.S. Supreme Court, which has now weighed in, putting the matter to rest.

The three justices who ruled against Levine were John Roberts, Antonin Scalia, and Samuel Alito, Jr., who penned the dissenting opinion. “[I]t is odd (to say the least) that a jury in Vermont can now order for Phenergan what the FDA has chosen not to order for mustard gas,” Alito wrote — referring to the highly toxic but powerful chemical that, despite the significant risk, can be administered via IV push as an anticancer drug.

California Products Liabilty Attorney

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California Medical Malpractice Cases In a Nutshell.

Medical Malpractice in a nutshell

For those of you who do not know what a medical malpractice case is, I will describe it to you in basic language. Medial malpractice is the failure of a doctor to perform like other similar doctors in the community, and this failure causes you damages.

Medical malpractice usually includes health care providers such as doctors, hospitals, nurses, dentists, or anyone providing health care services.

Some examples of medical malpractice would be: a doctor operating on the wrong body part; a doctor removing the wrong body part; failure to diagnose a medical condition; misdiagnosis; prescribing the wrong medications; leaving tools or devices in the body after surgery; negligently performing surgery; failing to warn about possible ramifications of a medical procedure, and so on.

A medical malpractice victim is entitled to special and general damages. Special damages are out of pocket losses such as medical bills, loss of wages, prescriptions, travel to and from a medical provider and so on. General Damages are pain and suffering, loss of enjoyment of life, emotional distress, etc.

Since the 1970’s, the State of California has limited or capped general damages in medical malpractice cases to $250,000 no matter what your loss is.

I know that the $250,000 cap on general damages is absurd and way behind the times. I may discuss how unfair this cap is in another article. The purpose of the article is simply to discuss a California medical malpractice case.

If you are a victim of medical malpractice in California you can basically recover your out of pocket loss, and up to $250,000 in general damages. Because of the $250,000 cap in California, many personal injury attorneys have stopped doing medical malpractice cases because they are expensive to prosecute.

Victims of medical malpractice in California have only 1 year from the time they knew or should have known about the malpractice to sue. Furthermore, they must notify the health care provider in writing of the fact that they are going to sue, before they can sue.

For this reason it is important for medical malpractice victims to find a medical malpractice personal injury attorney such as myself, as soon as possible.

To prove that there was medical malpractice in a particular case, an expert witness is almost always necessary. In most medical malpractice cases, the expert needs to be retained at the outset of the case, to determine if there was indeed a failure of a healthcare provider to act as similar providers in the community would have.

In closing, if you feel like you may be the victim of medical malpractice, call my office forthwith at 800-816-1529 ext. 1. I will give you a free consultation.

By California Medical Malpractice Personal Injury Attorney Norman Gregory Fernandez, © 2009

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