Tag Archive: legal case

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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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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