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

Written on May 30, 2009 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Train Accidents, Truck Accidents

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic times My 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.

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California Medical Malpractice Cases In a Nutshell.

Written on March 4, 2009 by Norman Gregory Fernandez, Esq. in Damages, Editorial, Medical Malpractice, Personal Injury

Medical Malpractice in a nutshell

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

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

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

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

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

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

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

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

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

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

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

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Tags: attorney, california medical malpractice, Damages, law, lawyer, norman gregory fernandez, Personal Injury

New Laws for 2009 in the State of California.

Written on January 30, 2009 by Norman Gregory Fernandez, Esq. in News, Off Topic Articles

Here are some of the new laws which went effect on January 1, 2009:

No-text Law
Writing, sending, or reading a “text-based communication” while driving will be against the law for all drivers in California. Violating this law is punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. With the addition of penalty assessments, fines can be more than triple the base fine amount.

Mounting GPS on Windshield
You may now mount a GPS on the lower right or lower left part of your windshield so long as it does not interfere with any air bag device. In the past nothing could be mounted to your windshield.

Smoking with a minor in the Car
It is now an infraction to smoke a cigarette, cigar, or pipe in a car whether it is in motion or at rest if a minor child is in the car with you. This applies even if you are pulled over to the side of the road.

Definition of a motorcycle
Deleting the existing weight limitation of 1,500 pounds, removes a separate definition for electrically powered vehicles and will allow fully enclosed 3-wheeled motor vehicles to use the carpool lanes.

New DUI Laws — Zero tolerance
Any person who is on probation for a DUI convection cannot drive with a blood alcohol level of.01 percent.

Unlicensed car dealersLaw-enforcement officers can impound vehicles that are being sold by unlicensed dealers.

Temporary operating permits restricted
The DMV will restrict permits to allow more time to obtain a smog certificate.

Counterfeit Clean Air Stickers
It will be a crime to forge Clean Air Stickers, which are issued to low-emission vehicles and allow the vehicles with these stickers to be driven in carpool lanes.

Special interest license plates
Gold Star Family special interest license plates will be available to family members who have had family killed in the line of duty while serving in the Armed Forces during wartime or military operations.

Temporary employees
Wages for employees of temporary services employers shall be paid weekly or daily if the work less than 90 days.

Family and Medical Leave Act
Families who have members who are active in the military are eligible up to 12 weeks of leave if they meet the “qualifying exigencies: short notice deployment, attendance at official military events or activities, arranging or providing childcare, attending school or daycare meetings, handling financial and legal matters, and rest and recuperation visits when the soldier is on leave.”

I must caution you that this is only a partial list of new laws in California for 2009.

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Tags: 2009 Laws California, attorney, law, lawyer, norman gregory fernandez

Ventura, California Woman Impaled During Car Accident Dies

Written on September 22, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, Wrongful Death

Ventura California Car Accident Lawyer VENTURA, California —

The Ventura County Medical Examiner’s office says a Ventura woman impaled by a metal pole after a dramatic car accident died from her injuries.

Armando Chavez, a senior deputy with the Medical Examiner’s office, says Louise Nemerson was rushed to Ventura County Medical Center where she died during surgery on Thursday.

Police say Nemerson’s sports utility vehicle collided with another vehicle, went over the center median into opposing lanes of traffic. Nemerson went down an embankment and crashed through a chain-link fence where she was impaled by a metal pole.

Nemerson worked part time at Ventura College at the student health center.

We send out thoughts and prayers out to the family of Louise Nemerson.

If you or your family have lost a loved one in a car accident, or other fatal motor vehicle accident, you have in most cases, the right to recover compensatory damages for wrongful death, so long as your loved one was not at fault in the accident.

If you or your family have lost a loved one in a car accident, or other fatal motor vehicle accident, you may call our firm now for a free consultation at 800-816-1529, extension 1, or check out our main personal injury website at http://thepersonalinjury.com.

Ventura Car Accident Attorney

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Tags: attorney, Car Accident, Damages, law, lawyer, Personal Injury, Wrongful Death

Man Arrested in Fatal Car Crash in La Puente, California

Written on September 22, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, News, Personal Injury, Wrongful Death

California Fatal Car Accident Attorney and Lawyer Los Angeles, California

A Duarte, California man, 22 years old, is being held after allegedly running a red light and smashing into another car, killing its occupant.

A 22-year-old Duarte California man was arrested after allegedly running a red light and broadsiding another car in La Puente, California last night, killing the 61-year-old driver, a California Highway Patrol officer said.

Elliott M. Imm was driving south on Valinda Avenue with a female passenger around 11:20 last night when he failed to stop at a red light at Temple Avenue and crashed into the driver’s side of a 2003 Chrysler, CHP Officer Anthony Martin said.

The driver of the Chrysler, a resident of Valinda, California, was pronounced dead at the scene, Martin said. Officials did not immediately release his name, saying his family had not been notified.

The impact also pushed the Chrysler into a 2003 Ford that was traveling parallel to the Chrysler but caused no serious injuries to the driver of the Ford.

Both Imm and his passenger were taken to Queen of the Valley hospital to be treated for their injuries. Martin said he did not know whether alcohol or drugs may have been factors in the accident. The officer said Imm was driving between 35 and 40 miles per hour.

Imm was being held in lieu of $30,000 bail.

In this particular accident, the family of the man killed in the accident has a cause of action for wrongful death against the driver of the car who was at fault.

Furthermore, the passenger in the car the caused the fatal car accident also has a cause of action against the driver who was at fault.

If you or your family have suffered through a fatal car accident such as the one described in this article, or you were a passenger in a car that was involved in an accident such as this, you will want to retain an attorney as quickly as possible to receive just compensation, and to protect your legal rights.

You may call our law firm 7 days a week, 24 hours per day for a free consultation at 800-816-1529, extension 1, or visit our main personal injury website at www.thepersonalinjury.com.

California Fatal Car Accident Attorney and Lawyer

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Tags: attorney, Car Accident, law, lawyer, Personal Injury, Wrongful Death

Metro Bus and Metro Train Collide in Los Angeles, 15 injured so far!

Written on September 20, 2008 by Norman Gregory Fernandez, Esq. in Bus Accidents, Damages, Editorial, News, Personal Injury, Train Accidents

Metro Train and Metro Bus Collide in Los Angeles, California LOS ANGELES, California — A metro train and a bus collided Friday, injuring at least 15 people near downtown Los Angeles, officials said.

The crash happened a week after a deadly collision involving a commuter train in a Los Angeles suburb called Chatsworth, California.

Passengers on the Metro Blue Line train were hurt in Friday’s accident but the injuries were minor, said D’Lisa Davies, spokeswoman for the Los Angeles Fire Department.

The driver of the bus, which was not carrying any passengers, was among those injured, she said.

There were 230 to 250 passengers on the train, said Metro spokesman Jose Ubaldo. It was heading east to downtown Long Beach.

Chris Romero, 31, told The Associated Press the sound of screeching metal woke him and he ran from his apartment to the tracks.

“With everything that’s going on, it’s scary to go on the Metro,” he said in Spanish through an interpreter. He told AP he would not take the train “right now.”

The cause of the crash was under investigation.

If you were injured in this crash you may call our firm for a free consultation 7 days a week, 24 hours a day at 800-816-1529, extension 1.

Our law Firm has successfully handled many cases against the Los Angeles County Metropolitan Transit Authority.

If you were injured you have only 6 months from the date of accident to file a claim with the governmental entity otherwise you will lose your right to sue. It is critical that you retain an attorney as soon as possible to protect your legal rights.

Los Angeles Metro Bus Accident Attorney and Los Angeles Metro Train Accident Attorney

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Tags: attorney, Bus Accident, law, Metro Bus, Metro Train

Chatsworth California Metrolink train crash kills 25, injures hundreds, and wreaks havoc on my neighborhood.

Written on September 15, 2008 by Norman Gregory Fernandez, Esq. in Damages, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, Train Accidents

Chatsworth Train Accident Attorney Norman Gregory Fernandez discusses Metrolink Train Accident in Chatsworth, California While driving home on the Ronald Reagan Freeway Friday night to pick up my gal, I observed many helicopters hovering over the area where I live. I decided to turn on KFWB News Radio to find out what was going on. I heard on the news that there had been a horrendous train accident within 1 mile of my home. Apparently a Metrolink commuter train collided head-on with a commercial freight train. It was further announced that the commuter Metrolink train had approximately 225 persons on board.

I grew up in Chatsworth California. I have left the area only a few times throughout my life when I went in the Air Force, lived in San Francisco, and in Hollywood California, but I have always come back home to Chatsworth California.

I not only live in Chatsworth California, but I work as an attorney in Chatsworth California as well. Chatsworth California is my home base for practicing law, and living.

Suffices to say on Friday night the authorities had Desoto Avenue closed, as well as Topanga Canyon Blvd.

As I was traveling west on the Ronald Reagan Freeway, heading towards home, I heard chilling eyewitness accounts of the carnage that took place during and after the train wreck, by way of accounts eyewitnesses on KFWB News Radio.

I was unable to get off of the freeway at my normal exit, and had to double back in Simi Valley, and exit at Tampa Avenue, to try to get home. I eventually had to call the Los Angeles police department Devonshire division to find out how I could get home in my car. There were literally hundreds of firefighters and police officers all over my neighborhood. I felt extreme grief for the victims of the train accident; however I also needed to get home as well. I was finally able to get home at approximately 10:00 PM Friday night.

Once at home, I watched the live local news accounts of the carnage that ensued in the Metrolink train accident. It made me sick to hear of all the people that died in the train accident, and all the people that were injured in the train accident. You must understand, as a child growing up in Chatsworth California, my friends and I used to play on the train tracks precisely where the Metrolink train accident happened. Furthermore, we used to walk through the tunnel close to where the accident occurred all the time. It is all part of the famous Chatsworth Park area where I live.

As a lifelong resident of Chatsworth California, I would like to send my prayers and condolences to the family members of all the victims of the Chatsworth Metrolink train crash, as well as to all of those were injured in the train accident.

On a more disturbing note, I have read numerous stories about the Chatsworth Metrolink train accident, on what I will call “bottom dweller” personal injury attorney blogs. Some of these stories were literally posted on the evening of the train accident. On the bottom of these blog entries, these bottom dwellers have the nerve to sign their story with “Chatsworth train accident attorney.” Not one of these attorneys lives or works in Chatsworth California. One of them is from downtown Los Angeles. It appears that the only reason they wrote their story, or plagiarized it from a reputable news source, is to try to get some of the victims of the Chatsworth train accident to sign up with their law firm. Maybe they were hoping that their name would come up in some kind of Internet search, I don’t know. I feel that this kind of behavior is unethical, immoral, and despicable. Heck, if given the chance, some of these attorneys would have probably been illegally passing out business cards at the scene of the train accident.

If you are a family member of one of the persons who died in the train accident, or were injured in the Chatsworth Metrolink train accident, do not under any circumstances retain one of the bottom dweller attorneys that call themselves Chatsworth train accident attorneys, or would write a story, or “have their marketing company” write a story on the evening of the accident. It is disgraceful.

Because this accident occurred so close to where I live, and in an area where I played as a kid growing up, and where I personally practice law, my law firm will hereby make the following offer to any family member of one of the deceased victims of the Chatsworth Metrolink train accident, or persons injured in the Chatsworth Metrolink train accident: the law offices of Norman Gregory Fernandez and Associates will reduce our contingency fee rate to 25% for all claims that are settled in pre-litigation. This offer only applies to family members and victims of the Chatsworth Metrolink train accident.

You may call my law firm at 800-816-1529 extension #1 for a free consultation, or go to my personal injury website at www.thepersonalinjury.com to read more about my firm.

If you or your family were a victim of the Chatsworth Metrolink train accident, and retain our firm at the reduced rate of 25% contingency fee for all claims that are settled in pre-litigation, we will immediately send our investigator out to you to sign you up to make things more convenient for you.

I must stress one thing that is very important; you have only six months from the date of the accident, September 12, 2008, to file a claim against Metrolink. I have handled many cases against the Los Angeles County Metropolitan transit Authority. Trust me, you must act fast. If your claim is not filed within six months, you most probably will lose your right to recover compensatory damages in this case.

God be with you.

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Tags: attorney, Chatsworth, Damages, law, Metrolink Train Disaster, News, norman gregory fernandez, Personal Injury, Wrongful Death

What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

Written on July 13, 2008 by Norman Gregory Fernandez, Esq. in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Intentional Torts, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Train Accidents, Trip and Fall, Truck Accidents, Wrongful Death

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms. Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a car accident, a truck accident, a motorcycle accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you can click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

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Tags: attorney, Car Accident, Damages, law, lawyer, norman gregory fernandez, Personal Injury, Truck Accident

Happy Independence Day from The California Personal Injury Lawyer Blog!

Written on July 4, 2008 by Norman Gregory Fernandez, Esq. in Editorial, News, Off Topic Articles

california personal injury lawyer norman gregory fernandez discusses independence day First off I want to wish everyone a safe and sane Independence Day.Well it is that time of year again; Independence Day, known to others as the 4th of July Holiday.

On this day in the year 1776, the founding fathers of the United States of America proclaimed through the Declaration of Independence, a new nation that was free of it’s allegiance to the British Empire. If you want to read the full text of the Declaration of Independence click here to see an article I wrote last year.

There are many who will celebrate today and tonight by having a barbecue with the friends or family, watching a fireworks show, or setting off your own fireworks, and enjoying an extra day off of work and a long weekend.

Take a moment to contemplate what today; Independence Day is really all about. You see, our founding fathers some 232 years ago, put the lives of themselves and the lives of their families on the line by signing the Declaration of Independence. They were revolutionaries, they were patriots, and to the British traitors. Yes, any one of the founding fathers who signed the Declaration of Independence if caught by the British, most likely would have been tried and hanged for treason against the British Empire.

Our founding fathers put it all on the line so that you can enjoy your barbecue and fireworks celebration in the greatest nation on earth.

Had it not been for the Declaration of Independence and the Revolutionary War fought by many brave souls two centuries ago, we would probably still be British!

Our current military and past military veterans are and continue to put it on the line so that you may continue to be free.

Freedom is never free; it is bought and paid for with the flesh and blood of brave souls. This is why it is so important that we never give up our freedoms!

Have a great Independence Day.

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Tags: Car Accident, law, lawyer, norman gregory fernandez, Personal Injury

Highway 101 reopened after Big Rig Truck Crash in Redwood City, California

Written on June 11, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, News, Personal Injury, Truck Accidents

Law Office of Norman Gregory Fernandez Personal Injury News Four people were injured in a crash that closed all but one lane of northbound Highway 101 in Redwood City for about two hours this morning, causing traffic to back up for miles.

The accident involved a big-rig and six cars, according to CHP Officer Grace Castillo. She said those hurt were taken to Stanford Hospital with minor injuries.

The CHP said the crash occurred when the truck, traveling in the far right lane, cut across all five lanes of traffic and crashed at 9:54 a.m. between Marsh Road and Woodside Road.

As it sped across the lanes, the truck hit a gray van traveling in the far left lane. The van was then rear-ended by a Nissan Sentra, Castillo said.

At the same time, a brown Audi A4 in the next lane over rear-ended a gray pick-up truck that had slowed down to avoid the truck, Castillo said. A red Honda sedan that was also in the far left lane was rear-ended by a gold Mazda as the cars tried to avoid the wreck ahead, she said.

The collision left the cab of the truck facing northbound traffic; its two empty trailers sprawled across all but one lane of traffic and the other smashed cars littering the roadway.

About 30 gallons of diesel fuel spilled out of the truck but was cleaned up by Caltrans, Castillo said. The truck was towed away at about 11:45 p.m.

Traffic inched by in one northbound lane until about noon, when all lanes were re-opened. Northbound traffic was backed up as far as Mountain View and southbound rubber-neckers kept traffic slow through San Carlos.

Redwood City Car Accident Lawyer

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Tags: attorney, Car Accident, law, lawyer, News, norman gregory fernandez, Personal Injury

2 Are Killed In A Multi-Car Crash Near Campbell California

Written on June 10, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, News, Personal Injury, Wrongful Death

Law Office of Norman Gregory Fernandez Personal Injury News CAMPBELL, California ― A motorist crashed into several other vehicles in unincorporated Santa Clara County near Campbell on Monday, killing himself and his passenger and seriously injuring a third person, the California Highway Patrol reported.

The accident happened shortly after 1 p.m. Monday when a 51-year-old San Jose man driving a Kia Amanti north on Camden Avenue failed to stop for a red light at Curtner Avenue and sideswiped a northbound 2000 BMW that was stopped at the intersection, CHP Officer Todd Thibodeau said.

The same driver then continued north and ran a red light at the Highway 17 off-ramp, striking the rear of a 1998 Mazda and broadsiding a silver Audi station wagon, both of which had just exited the highway, Thibodeau said.

The driver of the Kia was taken to Valley Medical Center, where he later died. His passenger, an 81-year-old San Jose woman, was pronounced dead at the scene, Thibodeau said.

The county medical examiner’s office has not yet released their names.
The driver of the Audi, a 50-year-old San Jose woman, was taken to Valley Medical Center with major injuries. She was listed in critical condition.

The occupants of the two other cars were not injured, nor was the driver of a fifth vehicle who claimed his car had been hit by flying debris, Thibodeau said.

There was no immediate evidence that alcohol played a role in the crash and a coroner’s report may help determine whether the driver of the Kia suffered from a medical condition, Thibodeau said.

If your family has suffered through the wrongful death of a loved one in California, or you have been the victim of car crash in California you may call us now for a free consultation at 800-816-1529.

Campbell California Car Accident Lawyer

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Tags: Car Accident, law, lawyer, News, norman gregory fernandez, Personal Injury, Wrongful Death

1 KILLED, 3 INJURED IN SANTEE CALIFORNIA CAR ACCIDENT

Written on June 8, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Editorial, News, Personal Injury, Truck Accidents, Wrongful Death

Law Office of Norman Gregory Fernandez Personal Injury News SANTEE, CALIFORNIA – One person is dead and three others are injured after a crash that, witnesses say, may have been the result of street racing.

The crash happened Saturday morning in Santee at the intersection of Mast Boulevard and Halberns Boulevard. As a result, Mast Boulevard was closed in both directions for about two hours Saturday afternoon, while emergency crews cleaned up the site. The road has since opened, but investigators are still looking into how this tragic accident happened.

“I’m still trying to pull myself together, I do not wish that on anybody,” said Santee Resident Danielle Stratten.

Nineteen-year-old Danielle Stratten is still shaken over the accident that happened just feet from her Santee home Saturday morning.

Around 11 a.m., witnesses say two cars appeared to be racing on Westbound Mast Boulevard, when the red Dodge lost control, jumped over the median and crashed into a pick-up truck going the other direction.

Carla Stratten was one of the first people to call 911.

“The driver, I was looking at him trying to figure out if he was ok, but he was knocked out. And then I noticed in his lap that evidently another person was in the front and there was somebody in the back,” said Carla Stratten.

She also says the three people in the car appeared to be teenagers. One person was dead by the time emergency crews arrived and another was flown to Sharp Memorial Hospital. A third victim, as well as the driver of the truck, was taken by ambulance.

Neighbors say unfortunately this situation happens too often since Mast Boulevard, a major thoroughfare on the northern edge of town, is a magnet for speeders.

“There’s accidents…cars going into people’s homes, jumping curbs and sidewalks, today unfortunately, fatality,” said Santee Resident Kimberly Verdzco. “It’s troubling because that indicates there is nothing being done.”

Danielle just hopes that action is taken sooner than later.

“People need to keep in consideration this is a neighborhood, there’s kids here. You can’t do that. I’m 19-years-old and people think oh she’s young and dumb too. No I follow the rules because of this,” said Danielle Stratten.

Witnesses say the other vehicle that was allegedly racing with the Dodge Neon could have been a silver Mitsubishi Eclipse.

If you have any information, you’re asked to call the Santee Police Department.

Meanwhile, News 8 spoke with the brother of the driver in the pick-up truck.

The man says his brother was treated at a local hospital and is said to be in good condition.
If you have been injured in a car accident or truck accident in Santee, California call us now for a free consultation at 800-816-1529.

Santee Car Accident Lawyer

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Tags: Car Accident, law, lawyer, News, norman gregory fernandez, Personal Injury, Truck Accident

7-vehicle crash stalls I-680 traffic for hours in Fremont, California

Written on June 6, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

Law Office of Norman Gregory Fernandez Personal Injury News FREMONT, California —

Four people were hurt in a seven-vehicle crash on Interstate 680 early Thursday that involved three big rigs, one of which overturned and forced the closure of multiple lanes for several hours.

No one was seriously hurt in the pileup, which authorities say is still under investigation.

Neither drugs nor alcohol appear to be factors in the crash, which happened near Durham Road, said Officer Steve Creel of the California Highway Patrol.

Three lanes of the freeway were blocked for more than two hours after the crash. Traffic on southbound I-680 was backed up clear into Dublin.

All lanes reopened by 10:30 a.m. after emergency crews shoved the overturned rig into the center divide. It remained there for much of the day until another truck sent by the operator arrived to pick up 50,000 pounds of nonperishable food that was still in the trailer.

Crews were unloading the food by hand about 8:30 a.m. in an effort to turn the rig upright, but they stopped shortly thereafter when they realized there was nowhere to put all of the merchandise, Creel said.

The crash happened about 5 a.m. when a passenger car rear-ended a slow-moving big rig, the officer said.
A second rig swerved to avoid a collision but jackknifed. A third rig overturned as it tried to avoid hitting the passenger car involved in the initial collision, Creel said.

In all, seven vehicles were involved in three separate crashes.

“If this had been a seven-car pileup, we would have been able to clear it off the road sooner,” Creel said, noting that the overturned rig presented a bigger problem.

Four motorists were taken by ambulance to local hospitals, but their injuries were considered minor, the officer said.

Fremont Califonrnia Car and Truck Accident Lawyer

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California Ban on Use of Cell Phone Without Hand Free Begins July 1, 2008! What You Need to Know about the New Law.

Written on June 2, 2008 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Editorial, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Wrongful Death

california car accident lawyer discusses the new ban on driving while holding cell phones On July 1, after a nearly two-year grace period, a new era begins in California: holding a cell phone to your ear and talking while driving will be illegal unless it is an emergency.

In most cases, you will still be able to talk-and-drive, but you will need a hands-free device to do so such as a blue tooth headset, speakerphone set up, or a wired headset.

What Exactly is the New Law?

(1) If you are 18 or older, you are prohibited from holding a phone and talking while driving.

(2) If you are 16 or 17, the only time you can use a cell phone while driving is in an emergency only.

(3) The first offense of the cell phone law will result in a $20 ticket. Subsequent citations will result in $50 tickets. However, with court costs and penalties, the true costs of these tickets will be approximately $76 and $190, respectively.

Here is something else to think about: The new laws go into effect just days before the California Highway Patrol goes on “maximum patrol” throughout the Fourth of July weekend. This means that 80% of CHP officers will have their eyes on the road, and on you and your cell phone.

If it is illegal to hold a phone while talking, how is it possible to dial it or press a button to answer the phone or take a call, even if you talk hands-free?

This is where things may get a bit dicey because the laws are silent on these issues.

The Law basically only bans talking on the cell phone without a hands free device for non emergency calls, therefore, you are allowed to touch the phone to make a call or take one, said Mike Marando, a spokesman for the state Department of Motor Vehicles. “As long as you don’t hold the phone to carry the conversation,” he added.

Will text messaging while driving in California be illegal?

Text messaging will be illegal only for 16 and 17 year-old drivers. The law silent as to adults. I strongly recommend that no one text message while driving!

Tom Marshall, a CHP spokesman, has stated that “If you are text messaging and we see it’s affecting your driving, we can still pull you over” for distracted driving.

The offense is not distracted driving or, for example, driving with a bag of French fries in your lap. What Police actually cite you for what happens as a result of being inattentive, such as impeding traffic or an improper lane change.

Will getting a ticket for talking on a cell phone result in a higher insurance rate for motorists?

No. But there is a chance that it could eventually.

Cell phone violations will not result in any points being tacked onto your driving record — insurance carriers use those points to determine if you’re a good or bad driver. But the tickets are still on your driving record.

Darrel Ng, a spokesman for the California Department of Insurance, said that in the future, carriers might apply to the state to use tickets when setting rates, although they’d likely have to prove a correlation between getting those tickets and accident rates.

What other states have similar laws, and how are those working out?

New York was the first state to institute a hand-held ban, beginning in 2001, and Connecticut and New Jersey have followed suit.

From 2001 through 2006, police in New York issued 976,725 citations to motorists for holding their phones while driving.

Even more interesting, the number of citations has increased each year, with 285,684 tickets being given in 2006, the latest year for which numbers are available.

With more than 11.3 million licensed drivers in New York, it’s probably safe to assume that an awful lot of people are not getting caught.

What are some ways to comply with the laws without spending a lot of money?

First and foremost, learn how to use the voice recognition system that comes with most cell phones. Voice recognition usually requires users to touch only one button and then say a person’s name to make a call.

Surely the much talked-about Apple iPhone, which starts at $399, comes with voice recognition?

No, it doesn’t. It is a feature you can get with a BlackBerry phone or many standard phones.

What are some other ways to go hands-free?

There is no shortage of devices out there. Here are three easy ways to be a go hands free:

(1) Buy a cheap cell phone cradle that mounts to a vehicle’s dashboard. A conversation can then be carried on using the phone’s speakerphone function. Cost: $15 and under at automotive stores.

Tip: If your vehicle’s stereo system has an auxiliary jack, you can play your phone through the vehicle’s speakers, which makes it easier to hear.

(2) Use a headset. Most phones come with an earpiece or you can easily upgrade to a wireless bluetooth headset that syncs to your phone.

Wireless bluetooth headsets typically cost between $30 and $120, and many are available.

(3) Use a wireless speaker. These mouse-sized devices can be clipped to a sun visor and are a lesser-known alternative to the wireless earpiece. Motorola and Parrot are two prominent manufacturers.

Will the new laws prevent car or other motor vehicle accidents and/or make drivers safer?

Based upon research that I have done, the experts seem to agree that most of the problem is not the act of holding the cell phone while driving, but the distraction of talking while driving. If they are right simply holding a conversation with someone in your car is as dangerous as talking on a cell phone.

As a driver who also happens to be a car accident lawyer, I beg to differ. While driving I see many people holding their phones to their heads which hinders their ability to turn their head while driving. When I am driving my car, I dread seeing other drivers talking on cell phones because I know they are not paying attention.

I am hoping the new law will prevent car accidents but only time will tell.

California Car Accident Lawyer

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5 people killed in chain-reaction South Los Angeles, California crash

Written on May 27, 2008 by Norman Gregory Fernandez, Esq. in Car Accidents, News, Personal Injury

California Car Crash Lawyer Norman Gregory Fernandez discusses a South Los Angeles Car Accident. South Los Angeles, California –

A van going through an intersection barreled into a second van that had sped a red light Monday, causing a fiery six-vehicle collision that killed five people and sent several others to the hospital in critical condition.

The first vehicle hit the speeding van on one side just before 6 p.m. and “made it go airborne,” setting off a chain reaction that left three vehicles ablaze, melted a traffic signal and scattered debris across the intersection, said Karen Smith, a police spokeswoman.

“By the time the van landed,” Smith said, “it was fully engulfed in flames.”

A 12-year-old boy was ejected from a vehicle and pronounced dead at the scene, Smith said. Two other victims of the accident, in the Hyde Park neighborhood of South Los Angeles, were found burned beyond recognition inside a vehicle.

The scene was “hellacious,” said Smith.

Paramedics took 14 people to the hospital, where a 7-year-old and an adult later died of injuries and six were in critical condition, Smith said.

More than 100 firefighters responded to the scene and emergency workers set up a triage area. The identities of the passengers were not immediately released.

Earlier Monday, an SUV tumbled down a steep slope in the Hollywood Hills, killing two people and injuring three others, authorities said.

The vehicle went off the road just before 8 a.m. in Laurel Canyon, said Fire Department spokesman Brian Humphrey. The car plunged between 75 and 100 feet down a hillside and came to rest upside down against a carport.

Humphrey said a man in his 70s was trapped in the vehicle and died at the scene. A woman in her 20s died later after being rushed to a hospital, he said. Three others, including a 1-year-old boy, were taken to Cedars-Sinai Medical Center with various injuries.

Two people were thrown from the vehicle. It wasn’t immediately known who was driving or if the victims were related. The cause of the crash is under investigation.

Los Angeles Car Crash Center

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