Tag Archive: injury

Basic California Motor Vehicle Collision Information.

California Car Accident InformationVehicle collisions can and most often are traumatic. So much is happening, and you may not understand what you need to do. Save this article on your computer or in your vehicle just in case you find yourself in a vehicle collision.

You and Your Passengers Must Wear Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in one or more vehicle collision throughout their lifetime. The chances of you being killed or injured in a vehicle collision are greater than you may think. One person in three is going to be injured or killed. To increase your odds of surviving an accident, use your seat belts each and every time you are in a moving vehicle. Ensure you and your passengers wear both your lap and shoulder belt if the vehicle comes with both, whether or not the vehicle comes with air bags. Wear your seat belts each and every time you drive. It’s the law!

Children eight years and older, but under 16 years old must be properly secured by having an appropriate safety belt. Children under eight years old, who are less than 4 feet 9 inches tall, have to be properly secured in a child passenger restraint system which fits federal safety standards. However, children under eight years old, that are 4 feet 9 inches tall or taller, may be secured with an appropriate safety belt.

Here are a few additional techniques for using a child passenger restraint system:

The back seat is the safest place in the car for kids 12 years old or younger.

Children, who weigh to 20 lbs. up to age 1, must be secured in a child passenger restraint system secured to the back seat facing the back of the car. Children must not be placed facing forward or backward in the front passenger seat if the vehicle comes with an air bag. Your local law enforcement agencies, fire departments, or perhaps a child passenger safety (CPS) technician can check out proper installation of your child passenger restraint system.

Common Causes of Vehicle Collisions

A few of the common reasons for vehicle collisions are:

  • Unsafe speed
  • Driver distractions
  • Driving on the wrong side of the road
  • Improper turns
  • Violation of the right-of-way rules
  • Violation of stop signals and signs
  • Cellular telephone use

Choosing a Lane

When news stations report vehicle collisions, they refer to numbered traffic lanes. The left lane is the “Number.1 Lane.” The lane on the right of the “Number 1 Lane” is the “Number 2 Lane”, then the “Number 3 Lane”, etc.

For anyone who is made aware of a motor vehicle collision through the news or your GPS, avoid driving close to the collision or take another route, if possible. In the event you must drive near a collision scene, do not slow down or stop and look at the accident because you could cause another collision. Drive carefully and watch for people in the road. Always obey an order from a police officer or firefighter directing traffic at a vehicle collision scene, even if you must ignore normal traffic laws or signs to accomplish this.

When You See a Motor Vehicle Collision

Should you be the very first person at a vehicle collision scene, pull completely off the road, away from the collision. Emergency personnel have to be able to see the collision and stop next to it for quick access to injured persons.

Determine if someone is injured. Search the area for victims who may have been thrown from a vehicle. They can be hidden in tall grass or bushes.

Call 9-1-1. If another person stops to help, ask that person to call 9-1-1.

The individual calling 9-1-1 must be prepared to respond to questions and supply information, including the location of the emergency (cross streets, freeway on/off ramp information) and exactly how many people require assistance (is anyone bleeding, unconscious, or with no pulse).

Don’t hang up the phone! Allow the emergency dispatcher to hang up first.

If at all possible, use flares or emergency triangles. If you find a gasoline leak or fumes, don’t use the flares and don’t smoke!

Help anyone that isn’t already walking and talking. Do not move an injured person unless she or he is in a burning vehicle or perhaps in other danger. Moving someone incorrectly often makes an injury worse.

Move the automobile(s) involved out of the traffic lane if it’s not disabled. Turn off the ignition of wrecked vehicle(s). Don’t smoke! Fire is a great danger.

If you are Involved In A Collision?

In case you are involved in an automobile collision-STOP. If you don’t stop, you may be convicted of a “hit and run” and may be severely punished. Someone could be injured and require help. Call 9-1-1 immediately to report the collision to the police or CHP. You must show your driver license, vehicle registration card, proof of financial responsibility, and current address to the other driver or persons involved in the accident, or any peace officer. Evidence of financial responsibility is usually an insurance provider name and a policy number. If you do not have it, you will get a citation along with a $250 fine.

You must do the following:

Move your motor vehicle off the street or highway if no one is killed or injured. Should you not move your motor vehicle or have it taken off the road or highway, any peace officer or authorized personnel may have your motor vehicle removed and impounded. (CVC §§22651 and 22651.05)

Pull to the side of the road and stop in the event you kill or injure an animal. Look for the owner. In the event you can’t find the owner, call the nearest humane society, police, or CHP. Don’t attempt to move a wounded animal. Never leave an injured animal to die.

Try to look for the owner in the event you hit a parked vehicle or any other property. Identify yourself before you leave. In the event you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle that you are driving) inside the vehicle or securely attached to it. Report the collision without delay to the police or, in unincorporated areas, to the CHP.

Report the collision in writing to the police or CHP without delay if anyone is killed or injured and law enforcement wasn’t present at the scene. In the event the driver of the vehicle involved in a collision is physically unable to report a collision to the police or CHP, any occupant inside vehicle at the time of the collision shall make the report on behalf of the driver.

You or your agent, broker, or legal representative should do the following:

Report the collision by completing a Report of Traffic Accident Occurring in California (SR 1) to the DMV within 10 days when there is in excess of $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.

How Much Insurance are you required to have?

You must be financially responsible for your actions whenever you drive as well as for all motorized vehicles you own. Most drivers decide to have an automobile liability insurance policy as evidence of financial responsibility. If you have a collision not protected by your insurance, your license will be suspended. When the driver involved in the collision is not identified, the owner of the motor vehicle involved will have his or her driver license suspended.

The minimum amount your insurance must cover in the state of California is:

$15,000 for a single death or injury.

$30,000 for death or injury to multiple people.

$5,000 for damage to property caused by one accident.

Reporting a traffic accident to DMV

If you have a collision, report it to the DMV using the SR 1 form. You or your insurance agent, broker, or legal representative must complete the SR 1 report and send it to the DMV within Ten days if a person is injured (regardless of how minor the injury) or killed or property damage is over $750. The SR 1 report is necessary in addition to every other report made to law enforcement, CHP, or your insurance company.

The SR 1 form is available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. The SR 1 form is necessary whether you caused the collision or not, and even if the collision occurred on private property.

Your driving privilege is going to be suspended if you don’t complete a SR 1 form or if you didn’t possess the proper insurance coverage at the time of the automobile collision.

Every vehicle collision reported to the DMV by law enforcement shows on the driving record unless the reporting officer says someone else was at fault. Unless there is a corresponding police report on file that indicates someone else was at fault, every vehicle collision reported by you or some other party in the collision will likely show on your driver record if:

Any vehicle or property involved has over $750 in damage, or

Anyone is injured or dies.

It does not matter who caused the vehicle collision. The law says DMV must keep this record.

California Motor Vehicle Accident Recap

The subsequent information can help you complete the SR 1 form (maintain it in your glove box). Avoid the use of this article instead of filing the SR 1 form.

Your insurance company name and policy number.

Time and date of the accident.

Location of the accident.

NOTE: You have to give your current address and show these documents to any peace officer and person(s) involved in the vehicle collision:

Your driver license.

Your vehicle registration card.

Evidence of financial responsibility which includes your insurance company name and policy number.

Other Party’s (Driver’s) Information:

Driver’s date of birth.

License number and state.

Driver’s name and address.

Vehicle license plate number and state.

Driver’s insurance company name.

Policy number and expiration date.

Policy holder’s name and address.

Vehicle owner’s name and address.

Injuries or property damage.

The Law Offices of Norman Gregory Fernandez & Associates handles car accident cases and other motor vehicle accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call us for a free consultation at 800-816-1529 x. 1.

California Car Accident Attorney Website

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

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

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

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

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

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

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

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

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

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

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

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

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

Emergency crews said Jose was barely breathing when they arrived.

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

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

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

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

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

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

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

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

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Distracted by cell phone, driver injured in Sutter County crash

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

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

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

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

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

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

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

The vehicle came to rest in a private driveway.

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

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

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

Sutter County Car Accident Attorney Website

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

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

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

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

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

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

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

Sheman Oaks, Calfornia Car Accident Attorney Website

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Another Fatal Metrolink Accident, 1 killed, 3 injured as train hits truck east of Los Angeles.

Metrolink commuter train crash in Los AngelesLOS ANGELES — California

A Metrolink commuter train hit a maintenence truck parked on a set of railroad tracks in the San Gabriel Valley on Saturday, killing a railroad worker who was sitting in the truck and leaving three train passengers with minor injuries, authorities said.

The person killed was an employee of the Union Pacific Railroad who had been doing maintenance work with a crew on freight tracks, said Metrolink spokesman Francisco Oaxaca. The area where the collision occurred is a mix of Union Pacific tracks and tracks maintained by Metrolink.

When the commuter train hit the Union Pacific Railroad maintenance truck at about 9:20 a.m., it was on Metrolink tracks, traveling east of Los Angeles along the border of the city of Industry and the unincorporated community of Bassett.

Authorities said there were many reasons why the worker would be in the area, but investigators were trying to determine why the truck was on the tracks. They do not believe it was suicide.

“There is nothing to indicate that this person intended to be struck by the train,” Oaxaca said.

Union Pacific spokeswoman Lupe Valdez said the crash “appears to be an accident.

Three Metrolink passengers were taken to the hospital with minor injuries, said Metrolink spokeswoman Angie Starr. An engineer and conductor, two sheriff’s officials and 138 passengers were on board the train, Oaxaca said.

There was only minor damage to the train, which was led by a locomotive with another engine behind it.

Valdez said the employee has worked for Union Pacific for about 30 years. His name has not yet been released.

In recent years Metrolink has experienced several major crashes.

In December, a commuter train from the Southern California agency struck a pickup truck that drove into its path, injuring six people.

In 2008, 25 people were killed when a Metrolink train collided with a freight train. Investigators believe the Metrolink engineer ran a red light seconds after he was text messaging on his cell phone.

In 2005, 11 people died and about 180 were injured when a man who later claimed he was suicidal parked his sport utility vehicle on the tracks in suburban Glendale. The driver of the SUV was convicted of murder.

California Train Accident Attorney and Metrolink Accident Lawyer Website

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

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

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

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

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

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

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

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

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

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

California Motor Vehicle Accident Attorney Website

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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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What To Do After A California Motor Vehicle Accident.

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

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

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

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

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

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

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

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

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

 California Car Accident Attorney Website

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BREAKING NEWS: Man killed crossing Lake Isabella Blvd. identified

Kern County Fatal Truck v. Pedestrian AccidentThe Kern County Coroner’s Office has identified James T. Kelly, 69, of Lake Isabella, as the person struck by a pickup truck Friday evening about 6:30 p.m., when, according to witnesses, he attempted to cross Lake Isabella Blvd. in his motorized wheelchair.

The incident occurred in the 6100 block of Lake Isabella Blvd., in Lake Isabella, near West America Bank to the east and Shady Lane Saloon to the west. The stretch of roadway is not particularly well lit.

Witnesses said the victim, known to most as “Kelly”, was a disabled veteran frequently seen in the area. First responders administered CPR to Kelly, who was unconscious in the roadway, prior to his being transported by ground ambulance to Kern Valley Hospital, where he was pronounced dead.

Anyone with information that will assist authorities in locating Kelly’s next of kin is asked to contact the Coroner’s Office at 661-868-0100.

If you or your family have suffered from a pedestrian accident or wrongful death anywhere in the State of California, you may call our law firm a free consultation 7 days a week, 24 hours a day at 800-816-1529 x. 1.

Kern County Pedestrian Accident Attorney and Kern County Wrongful Death Attorney

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Stroller Company announces major safety recall; Maclaren umbrella strollers pose risk of injuries to children’s fingers

Maclaren umbrella strollers are being recalledMaclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children’s fingers. A side hinge mechanism poses the risk of cutting or amputating a child’s fingers when the stroller is being opened or closed, the British company said Monday.

The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.

The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.

Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.

Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.

If your child has been injured while you were using a Maclaren umbrella stroller give us a call for a free consultation at 800-816-1529 ext. 1.

California Products Liability Attorney & Defective Product Causing Injury Attorney

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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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Los Osos California couple dies in car accident in Kern County California

Kern County Couple dies in Deadly Los Osos Accident A deadly accident in Kern County claims the lives of two Los Osos, California residents.

The California Highway Patrol said 62-year-old Shirlene Soto and her husband, 84-year-old Walter Elliott, were among the four people who died in a car crash on Highway 46 east of Highway 33 Friday morning.

The CHP said a man driving a Chevy on the eastbound lane tried to pass a tractor trailer, when he collided head-on with the vehicle Soto and Elliott were riding in.

They say Soto and Elliott died on impact. The 25-year-old man driving the Chevy, and his one-year-old passenger were also killed on impact. Another passenger in the Chevy suffered major injuries.

Family members said Soto and Elliott were both former Cal Poly professors. Soto later worked for California State University Northridge, and Elliott worked for Rocketdyne.

A family member released a statement: “They were both extremely cheerful, energetic people who loved life, friends, and family.”

Kern County Wrongful Death Attorney and Car Accident Attorney

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Vehicle collides with school bus carrying children in Ontario, California

Ontario, California Bus Accident and Ontario, California Car Accident AttorneyOntario – California

A school bus carrying about 15 students crashed into a tree after it was hit by a vehicle that ran a stop sign, according to the California Highway Patrol incident log.

None of the child passengers were hurt, CHP dispatchers said, but the bus driver was injured.

The traffic collision, which blocked the intersection, happened about 4:05 p.m. near San Antonio Avenue and Phillips Street in Ontario, California.

Ontario police officers detained one person and later made an arrest, but no other information was available.

In my personal experience, kids usually do not feel aches and pains immediately after an accident such as this, especially on a school bus. I hope that the kids are all uninjured.

If you or your family have suffered an injury in a school bus, or other type of motor vehicle accident anywhere in California, you may call our California Accident Hotline for a free consultation at 800-816-1529 ext. 1.

Ontario, California Bus Accident and Ontario, California Car Accident Attorney

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The Anatomy of a Slip and Fall / Trip and Fall Case in Plain Language!

California Slip and Fall, trip and fall CasesA slip and fall, and or trip and fall case is pretty much self explanatory. The case arises from a person slipping and/or tripping and falling, and sustaining injuries as a result.

However, there are special circumstances involved in these types of cases which would give rise to you actually being able to pursue a legal case for damages against a person or entity.

THE NECESSITY OF A DANGEROUS CONDITION
The Slip and Fall, and/or Trip and Fall, must be the result of a dangerous condition either on Public or Private Property.

Obviously most human beings slip and/or trip and fall many times in their lives. The law will not allow you to recover each and every time you slip and/or trip and fall.

However, the law will allow you to recover damages for injuries that result due to a dangerous condition on public and/or private property, that the owners or persons responsible for the property knew or should have known about.

WHAT IS A DANGEROUS CONDITION? There are literally an infinite number of dangerous conditions that could result in your slipping and/or tripping and falling. Some examples of dangerous conditions we have dealt with are:
• Dangerously slippery surface
• Water or other wet substance on floor
• Cracks in a sidewalk or walkway
• Poorly maintained stairs or hand rails
• Holes in grass, sidewalk, street, or walkway
• Uneven stairs or surface
• Food and or other objects left on the floor
• Debris left on the floor
• Negligently placed parking stops in parking lots
• Unmarked steps
• Ice on walkway or in parking lot, etc.

THE NECESSITY OF NOTICE TO THE OWNER OR PERSON CONTROLLING THE PROPERTY WHERE THE DANGEROUS CONDITION EXISTS; The owner or person controlling the property where you suffer a slip and/or trip and fall must either know about the dangerous condition, or should have known about the dangerous condition through reasonable inspections, before you can legally recover against them in these types of cases.

This part of a slip and/or trip and fall case is the most difficult to prove, which is why many lawyers do not take or handle these types of cases.

The testimony of an expert witness is required in many of these types of cases to prove that a dangerous condition existed and that the owner or controller of the property either knew or should have known about the condition.

I handle these types of cases. If you have suffered a slip and/trip and fall injury in California you may call me for a free consultation at 818-584-8831 ext.1 or go to my slip and fall website by clicking here for more information.

If you have suffered a slip and/trip and fall injury outside of California I highly recommend that you consult with a lawyer in your area.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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