Category Archives: Off Topic Articles

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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Attorney Norman Gregory Fernandez to speak at the Sandra Day O’Conner College of Law, at Arizona State University on April 6, 2011.

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

I, along with Mark Britton the founder of Avvo, and Attorney Janelle Orsi, will speak at the Sandra Day O’Conner College of Law at Arizona State University on April 6, 2011.

You can see a flyer of the event by clicking here.

I am honored to join with the Legal Rebels project which is a part of the American Bar Association, and the American Bar Association Journal, in this event.

The Legal Rebels project’s goal is to profile attorneys who are remaking the legal profession. I am honored to be associated with this program.

The Biker Law Blog was picked at one of the top 100 law blogs by the American Bar Association Journal in 2007.

It is my opinion that there can be immense improvement in the practice of law, while maintaining strict old fashioned ethical boundaries.

It is my intent as an Attorney at Law and Officer of the Court, to make legal services accessible to all.

I enjoy speaking to fellow attorneys, and to law students who will soon be the next generation of attorneys themselves.

I believe that it is important to give back to the profession that I love as much as possible.

I will see you all at the Sandra Day O’Conner College of Law at Arizona State University on April 6, 2011.

By California Attorney at Law Norman Gregory Fernandez, Esq.

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Happy New Year from the California Personal Injury Lawyer Blog – 2011

happy-new-year-2011I want to wish all of you a happy new year, 2011. May you, your family, and your loved ones have a prosperous and healthy year.

Norman Gregory Fernandez, Esq.
Law Offices of Norman Gregory Fernandez
www.norman-law.com

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Memorial Day 2010; God Bless our Fallen Who Have Given Everything For Our Freedom

Memorial Day 2010Today is Monday, May 31, 2010. As of today over 1 million men and women have given their lives in the service or our nation. Today, Memorial Day, is the day we honor their sacrifice.

As of May 30, 2010, 4,387 men and women have died in Operation Iraqi Freedom, and 1,075 have dies Operation Enduring Freedom. (Afghanistan)

Freedom is not free. Those who have given their lives for our freedom paid for our freedom with all they had to give, their lives.

On May 24, 2010, 22 year old PFC. Christopher R. Barton Died in Operation Enduring Freedom, in Khowst province, Afghanistan, of wounds sustained when insurgents attacked his unit using small arms fire.

On May 24, 2010, 44 year old Major Ronald W. Culver Jr. Died in Operation Iraqi Freedom, in Numaniyah, Iraq, when insurgents attacked his vehicle with a makeshift bomb.

On May 22, 2010, 24 year old PFC. Jason D. Fingar. Died in Operation Enduring Freedom, in Durai, Afghanistan, of wounds sustained when his military vehicle struck a makeshift bomb.

On May 21, 2010, 26 year old Staff SGT. Amilcar H. Gonzalez Died in Operation Iraqi Freedom, Ash Shura, Iraq, of wounds suffered when insurgents attacked his unit with small arms fire.

On May 20, 2010, 26 year old Spec. Stanley J. Sokolowski, III Died in Operation Iraqi Freedom, in Kirkuk, Iraq, in a non-combat related incident.

On May 19, 2010, 38 year old Staff SGT. Shane S. Barnard Died in Operation Enduring Freedom, in Zabul Province, Afghanistan, of wounds sustained when he stepped on a secondary makeshift bomb.

On May 18, 2010, 46 year old PFC Col. John M. McHugh Died in Operation Enduring Freedom, Kabul, Afghanistan, of wounds suffered when enemy forces attacked their convoy with a vehicle-borne makeshift bomb.

I have listed 7 brave men who have given their lives in the service our nation, for our freedom in the past week. To honor those who have given their lives for our freedom is to remember them and what they did for us.

To see a list, pictures, and details of all who have died in our latest wars in Iraq and Afghanistan, click here now. I know it takes a bit of time to go through each person by date, but it will bring home the true meaning of Memorial Day.

Today is not a day for picnics, and sales at the local mall, it is a day to honor those who paid for our freedom by giving their lives for us. It is a solemn day. Tell your kids what this day is for. Study it for yourself.

God bless the United States of America. God bless our fallen hero’s.

By Norman Gregory Fernandez, Esq., 2010

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March 21, 2010, a Historic Day; Health Care Reform is Passed and will Soon Become Law.

Health Care Reform is now the law of the land.Whether you are for, or against health care reform, one thing is certain, health care reform will become law of the land.. The House of Representatives passed the Senate version of Health care reform last night, and President Obama is expected to sign this bill into law. The House also passed a bill which seeks to modify or fix the original bill, which if passed by a majority vote in the Senate, will also become part of the health care reform bill.

As you can see the country has not come crashing down, the sun has risen. (Except if there is bad weather in your part of the country) America is a great country, and we have just become even greater.

Many of you probably already have read my previous article on supporting health care reform here. You can also read the truth about the health care reform from the official government website here.

I am not going to go into the politics of this historic bill, I will just say this; it now appears that immediately children can no longer be denied health insurance due to pre-existing conditions, parents will now be able to keep their children on their health insurance plan to the age of 26, and senior citizens who need prescriptions will now be able to get medications which are presently not covered.

In 2014, the ban on denying coverage to individuals with pre-existing conditions will take affect for all. Insurance companies will no longer we able to deny anyone from getting insurance just because they have a pre-existing condition. Furthermore, insurance companies will no longer be able to terminate someone’s insurance, just because they become sick and actually need to use their medical insurance. Furthermore, there is no more life time cap on insurance, 30 million uninsured American’s will now get medical insurance. On top of that, individuals and small business will be able to join pools of others to buy low cost insurance.

When a Senator who promised to kill health care reform was elected in Massachusetts, Anthem Blue Cross, the largest health care insurance company in the nation, told Californians with individual plans that their insurance rates would increase by 39% this year. I think this is what broke the camels back so to say. I thank Anthem Blue Cross and their greed for helping us to get health care reform.

Basically we have told the medical insurance companies to go screw themselves. They tried like hell to prevent this reform from passing. Hell there was a doomsday commercial message every commercial break on CNN, MSNBC, and FOX news for the past week. We even heard members of a certain political party claim that our nation was not good enough to ensure that all of us have health care, just like other industrialized nations in the west.

It does not matter if you are a Republican, a Democrat, and independent, or other, you or your family too will benefit from health care reform. Because you see the health care industry abuses that are happening right now do not care what political party you are from. When you are sick and shit out of luck with no insurance or no way to see a doctor, you political views, or voice don’t mean anything. All that matters is getting you or a family member better.

The reform bill is not perfect. I believe that there should be a public option as well. However, this will do for now.

In this economy where millions of Americans are out of work, or working in jobs that give them little or no health care, our nation is coming through. In a few years you will no longer have to look in the mirror and wonder how you are going to see a doctor if you get sick. Hallelujah.

By Norman Gregory Fernandez, Esq., © 2010

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A Bus hits and kills Horse in Morgan Hill, CA

horse killed by valley transit authority busA Valley Transit Authority bus carrying 18 passengers collided with a horse in a north Morgan Hill residential neighborhood about 7 p.m. Thursday, according to the California Highway Patrol. The horse did not immediately die, which made for a horrific scene as it flailed around for about 45 minutes until animal control officers arrived with a lethal injection.

California Highway Patrol officers arrived at the scene on Hale Avenue south of Kalana Avenue and determined it was unsafe to shoot the horse to put it out of its misery, according to the California Highway Patrol. They immediately called animal control and tri-county officers arrived before 8 p.m.

“Usually we do, however it was very close to a residential area,” CHP officer Jaime Rios said. “We didn’t feel that it would be safe at the time.”

He said if an animal is suffering and it’s on a freeway or in a rural area, officers will euthanize it. Rios said passengers did not see the horse once it was hit and suffering.

Rios said the bus on southbound line 68 was traveling about 40 mph when it struck the horse.

VTA spokesperson Jennie Hwang Loft said the horse ran loose from a group of horses in a pasture when it ran in front of the bus. She said the bus driver suffered minor injuries.

A VTA bus stop is located at Hale and Kalana avenues, but authorities are unsure how near it was to where the accident occurred. The roadway was closed for about 90 minutes and the bus was eventually towed away. The horse was taken away by tri-county officers. Passengers were eventually picked up by another VTA bus and taken to their destination.

No passengers reported any injuries, but the bus sustained extensive damage, according to the VTA. Rios said no drugs or alcohol were involved.

Authorities are still working to locate the owner of the horse and plan to contact neighbors today. There will not be any criminal charges filed because no passengers were injured. Rios said he can’t say if there would be any civil charges filed.

A man who drove by the incident, but did not want to be identified, said the horse was laying in the middle of the street, flopping around.

“I’ve seen a lot, but that was pretty brutal,” he said.

All animal owners in California are strictly liable for the acts of their animals. If any of the bus passengers, or the bus driver was injured in this crash, the animal owner would be liable for their injuries because they failed to contain their animal, and let it get loose.

All California animal owners must ensure that their animals are not let loose and are contained. Had the owner of the horse not let the horse get loose this potentially devastating accident woudl not have happened, and the horse would still be alive.

 Morgan Hill Bus Accident Attorney

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New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

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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

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California Personal Injury Attorney Norman Gregory Fernandez Supports the Consumer Attorneys of California

California Personal Injury Lawyer Norman Gregory FernandezGeorge Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California (“CAOC”) consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC’s value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as “structured settlements,” in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer’s first line of defense. The blogs participating in this unified call to action are:

Show your support of consumers’ rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

California Personal Injury Attorney Norman Gregory Fernandez

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Have a Great Veterans Day

Norman Gregory Fernandez discusses veterans dayFrom California Personal Injury Lawyer Blog, I would like to wish all of our nation’s veterans a happy Veterans Day.

Veterans Day is a day to honor all of those of who have served in our nations armed forces. Thank you all veterans of the Army, Navy, Air Force, Marines, and the Coast Guard.

I myself served in the Air Force and then the California Air National Guard.

I was recently at an event in another State where there was a Marine official function going on. I saw our proud marines all dolled up in their dress uniforms with their medals on. They looked real young. I got a bit choked up as I thanked them for their service. It appeared to me that all of these young men are veterans of the current war going on.

There is a war going on right now; young men and women are fighting and dying for our freedom as I type this.

This is a day to honor our nation’s veterans and our nation’s heroes.

May god be with you, and god bless America.

By Norman Gregory Fernandez, Esq.

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There will be Changes on the Oakland Bay Bridge following a Death Plunge by Truck.

Oakland Bay Bridge Fatal Truck AccidentCaltrans will add more safety measures and warning signs on the Bay Bridge to try to get drivers to slow down before the new S-curve, where a speeding truck driver lost control early Monday and plunged in his big rig 200 feet to his death on Yerba Buena Island, authorities said.

New signs advising motorists of the 40 mph speed limit on the S-curve, reflective striping and radar boards flashing drivers’ speeds are among the changes in store in the aftermath of the crash, Caltrans spokesman Bart Ney said at a news conference Monday.

There have been at least 43 accidents in the curved area since it opened Sept. 8 as part of the eastern span replacement project, but the truck plunge was the first in which someone died.

The California Highway Patrol said the primary factors in the accident were the driver’s speed and the shifting weight of his cargo, not any problems with the S-curve’s design.

10 mph over limit

The crash happened about 3:30 a.m. as the big rig, loaded with pears, was traveling on the westbound upper deck at about 50 mph – 1o mph over the speed limit in that zone – said CHP Sgt. Trent Cross.
The truck tipped over the 3-foot-high concrete rail on the northern side of the S-curve and plummeted onto Yerba Buena Island, landing on its wheels and disintegrating into countless pieces. Security guards who were first on the scene said it was clear that the driver, a 56-year-old Hayward man whose name has not been released, died instantly.
The driver was an independent operator who bought the big rig several months ago, authorities said. For the past eight months, he had been a subcontractor for JM&R Trucking in Oakland.
“He was a good person, a prompt person, always on time,” said Mike Russell, the firm’s owner. “He was a safe driver, absolutely.”
Investigators suspect that the driver’s load of pears shifted as the rig hit the S-curve, something that could have helped propel the truck over the side of the span.

Weeks-long probe

Caltrans inspected the bridge and reopened the far-right lane to traffic at 7:45 a.m.

About 15 CHP investigators were collecting evidence on Yerba Buena for a probe that is expected to take weeks. Overhead, a mattress, apparently from the truck’s cab, could be seen balancing on the bridge railing.

Cross said CHP officials believe the S-curve is safe. “We don’t believe it’s a design flaw,” he said. “There’s nothing tricky or complicated about the curve. I can stand here with confidence and say that if you drive the posted speed limit, you will make it through the curve safely, just as thousands of drivers do every day.”

Cross said there was no video from security or traffic cameras on the bridge that captured the crash.

On Oct. 14, a Safeway big rig truck flopped across four lanes when it hit the S-curve, tying up westbound traffic for hours. The driver was unfamiliar with the new turn and was going too fast, the CHP said.

Tough adjustment

Some drivers have had difficulty adjusting to the 40 mph limit on the S-curve, a 10 mph decrease from the rest of the span. The increase in accidents and drivers’ complaints had already led Caltrans and the CHP to install new signs and flashing lights.

The CHP has ordered radar units, the electronic boards that flash the speed of an approaching car, but it is unclear when they will be installed.

Today, crews will begin adding 6-inch-wide reflective strips on the barriers on either side of the S-curve on both decks, Ney said.

At some point, crews also will install a large overhead sign warning westbound motorists of the 40-mph zone ahead, Ney said. That sign, which will be accompanied by flashing lights, will be placed near the top of the incline on the upper deck, Ney said.

Hours after the accident Monday, Caltrans began posting warnings on electronic message boards on Bay Bridge approaches warning truck drivers to slow to 35 mph at the curve, an advisory speed limit. The legal limit remains 40 mph.

Caltrans has considered installing “rumble strips” – rows of traffic dots extending across the roadway – in the area of the S-curve, but has no immediate plans to do so, Ney said.

Steps taken

The agency has already made several changes in hopes of getting drivers to slow down. Last week, crews painted solid white lines to discourage lane changes and added raised pavement markers – some traffic dots and some reflectors – to jar drivers moving to one side or the other. It also added a large overhead warning sign on the eastbound approach to the S-curve.

The CHP said the majority of S-curve crashes have been fender benders. The crashes have been split relatively evenly between the upper and lower decks and have occurred mostly during noncommute hours, when traffic typically moves faster, officials said.

“From day one since we had this S-curve open, we’ve tried to instill in the motoring public that you really have to watch your speed in this area,” Cross said. “Speed has always been a factor in every traffic collision that has occurred in this S-curve.”

San Francisco and Oakland California Truck Accident Attorney Website

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It is About Time we get Health Care Reform in this Nation; With a Public Option.

We need health care reform with a public option now.*** October 9, 2009 Update – The United States House of Representatives has passed a historic health care reform bill which includes the public option. Now it is up to the Senate to act on the bill, and the President to sign.

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking!

Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American.

My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to do. I think if all Americans starting thinking and doing what they think was best rather than what some political party tells them is best we would all be much better off. It may never happen but if all of you try it for yourself you will see the lunacy of political parties.

Now, unless you are Bill Gates, and have millions of dollars at your disposal to pay for catastrophic health care bills than maybe this article might make a little sense to you. If you are blinded by politics, still read on, maybe what I say will “break on through,” as quoted by Jim Morrison of the Doors.

You see I am a personal injury lawyer and attorney. I get many new clients that have half assed medical insurance coverage, or very good insurance. However, I also get new clients every week that have no health care insurance at all.

Many of these uninsured client’s literally have suffered for days, weeks, and even months without medical treatment, hoping that their injuries would heal on their own. I can only imagine the untold numbers of others who are suffering with medical ailments and have no insurance or viable way of obtaining medical care.

Out of desperation they call me because they know I can get them treatment for their injuries, even if they do not have health care insurance.

Health care reform to me is not about politics, it is not about profits for doctors, hospitals, medical providers, and medical insurance providers. (All of whom continue to make huge profits while the rest of the nation is in a depression) Health care reform to me is about right and wrong. Let me explain.

I personally know many people who have lost their jobs and their medical insurance before the present depression, and during the present economic depression. It has happened to me in the past!

If you have never lost your job and medical insurance in your life, you are either full of shit, or you are one in a billion; yes I said billion.

If you are an American worker who does not have a multi-million dollar inheritance, rich parents, or are rich yourself, you are going to lose your job and your insurance at some time or another. It is a simple fact of life.

No one can depend on having insurance for life the way the system is set up right now. Your healthcare and possibly life depend on the whim of your employer, or your ability to obtain and pay for individual healthcare plans. This is not acceptable any longer.

What are you supposed to do if you lose your job and your medical insurance? In the good old days you could simply get another job. Those days are pretty much over now.

With unemployment at 10% or more in some locations, and the nation mired in an economic depression, good jobs are hard to come by. Hell even college graduates from top institutions are having trouble finding jobs.

If you lose your job and insurance, the end result is that your sorry ass along with your innocent children and spouse, if they stay with you, may have no insurance to cover your healthcare if you get sick. This situation is a surreal nightmare for millions of our fellow citizens as I type this article. Hell it could be you!

If while you are uninsured due to no fault of your own, you get sick, and you need to go to an emergency room, which by law has to treat and stabilize you, then the rest of us have to pay for your sorry ass through higher taxes and health insurance costs, because the hospitals have to charge more to cover their losses in treating uninsured people.

In the end, it is cheaper just to make sure that there is universal coverage for everyone.

I am no communist, I sure the hell am no socialist, but when it comes to medical care, I believe that in the richest nation on earth, healthcare should be a right for all, not a privilege.

Now forget about politics, forget about what some rich congressman is telling you to believe because of your political party affiliations, forgot about hating certain political figures; what do you think is best for you and your family; the way it is now, or universal health care for all? At least try to be honest with yourself.

UNDER FEDERAL ERISA LAWS, AN INDIVIDUAL CANNOT SUE A HEALTH INSURANCE PROVIDER FOR FAILING TO PROVIDE COVERAGE; NO SHIT!

Now that I have got your attention, let me tell you about my father; this is a true story that happened last month in October, 2009.

My father just had a major arterial bypass surgery recently, and is presently in a nursing home for recovery. He has probably the best HMO/PPO health insurance on earth, with probably the most famous health insurance provider on the planet.

Until just recently, he was ordered by his doctor to not place any weight whatsoever on his legs, he was basically bedridden in the nursing home. He was and still is dependent upon the nurses and doctors there for care while he recovers.

On October 14, 2009, we found out that his health insurance provider had retroactively determined that he no longer needed to be in the nursing home as of October 10, 2009. In other words a man that is and was bedridden with no viable alternative for other care, was basically told by his insurance company that “we don’t give a shit about you, you are out of there. Oh and by the way, you owe for 4 days.” His health insurance provider made this determination even though 2 of my dad’s doctors ordered him to be placed in a nursing home to recover.

Some health insurance bureaucrat unilaterally decided that they knew what was best for my dad, rather than two of his treating physicians. We all know that this is a bunch of bullshit to save the health insurance company some money don’t we.

Under present ERISA exemptions, my father cannot sue his medical insurance provider for failure to cover the nursing home even though his insurance covers nursing home care, because he is in a group plan. 80% of all health care insurance in this nation is provided under a group plan. How come nobody is taking about the fact that health insurance providers cannot be sued by individuals for failing to provide that which they contract to provide? It is a big scam.

Luckily for my dad, he has an attorney for a son (me) who is pissed off, and the political climate is not good for this kind of bullshit decision on their part right now, especially considering the fact that congress is presently debating health care reform as I write this article.

The insurance company probably thought that my dad was some old Hispanic man (looking at his surname) that they could screw around. Who knows? After talking to them and telling them exactly what I intended to do, they miraculously reinstated his insurance and everything is fine now.

What if this was you or you did not have a son who was an attorney? You would be screwed, blued, and tattooed as they boot your sick ass on the street. You would be dead! Geez, I wonder what will happen to me if god forbid I am in the same boat as my dad, my daughters are not attorneys like me.

The healthcare reform changes being debated right now would prevent insurance companies from denying coverage based upon pre-existing conditions, they would prevent insurance companies from terminating coverage because of an illness, and they would prevent insurance companies from placing a lifetime cap on your insurance. It is because of health insurance greed and excesses that these changes need to be implemented in the first place.

How many of you reading this are not worried about anything I stated above? If you are not worried, you are probably full of shit and are lying to yourself, or are too dumb to realize it. I do not think even a billionaire would want to risk a catastrophic illness. The cost of healthcare is so high now; million dollar plus bills are not out of the question.

If you are poor, middle class, or even moderately rich, a catastrophic illness could destroy you financially. Even if you have the best health care insurance. The present system is a free market free for all and it sucks the big one. Health care today is about profits, not about quality medical care for all. Hell, I don’t mind a man making a buck, but under the current system we are all being raped.

Imagine, you saved all of your money for years to buy a home, you have a nice car, your family is doing well, and then little Jenny gets sick, imagine having to lose everything and go bankrupt because of co-payments, no insurance, or your insurance company cutting you off. This is reality for millions of American’s right now, it is not right, and it is bullshit.

It is time for healthcare reform.

We Need a Public Option

We need to have a public option just like Congress has. Yes Congress, the same folks that we vote into office to represent us. Why should we not get what they get? Are they better than the rest of us?

What is funny is that there are certain congressmen from a certain political party that all have great “lifetime” medical coverage for themselves and their family as a perk of office, and yet they are opposed to giving us universal healthcare; feature that! These people are so out of touch with the reality and the exigency of the situation it is mind blowing. They might as well be from another planet. Their supporters support them along party line regardless of whether the healthcare reform will actually benefit them and their own family. This is truly bizarre to me.

It is kind of like not wearing a jacket in winter so that you will not freeze to death, because your enemy supports wearing the jacket; so you freeze to death! Makes no sense.

Now the public option is just that, an option. You can opt out and still use traditional insurance. Maybe a public option will make private insurance companies pull their collective heads out of the asses and compete on a more even playing field rather than monopolizing the market and making untold billions of dollars of profit each fiscal quarter, at our peril.

I have heard the “socialized medicine” sucks arguments, and the “in Canada they have to wait months” arguments, and they do concern me. Thank goodness we are not talking about a system like that. We are only talking about mandating that all people buy medical insurance, (just like we do with car insurance) and giving them an inexpensive public option if necessary.

Healthcare reform is about what is morally and ethically right. It is about what is right for the most powerful nation on earth. Persons from all political parties have been trying to get this done since Theodore Roosevelt was President to no avail.

The time for half assed excuses, political bullshit, and half measures is over. It is time for Health Care reform with a Public Option.

Call your congressman, write your congressman, this issue is a matter of national security, and could be a matter of life and death for you and your family if healthcare reform is not implemented.

I truly look forward to your comments on this subject, and debating the issue.

God bless you all.

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

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What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

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

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Off Road Motorcycle, Dirt Bikes, Dune Buggies, Golf Cart, Snowmobiles, and ATV (standard, sport and utility) Insurance and Safety; Some Important Tips.

California Personal Injury Attorney Norman Gregory Fernandez discusses Off Road vehicle insurance and safetyI was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead. Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up. For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice. Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more. Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads. Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp. Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out. Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone. Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected.  Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

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

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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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