Tag Archive: News

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

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

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

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

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

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

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

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

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

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

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

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

Share

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

Fatal Motorcycle Accident in San Luis Obispo, California

Fatal Motorcycle Accident in San Luis Obispo, California

San Luis Obispo – California

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

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

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

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

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

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

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

This is an unfortunate accident.

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

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

Share

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

California Fatal Car Accident Attorney and LawyerSAN DIEGO, California –

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

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

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

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

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

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

Car experts said it’s not always that simple.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Product Liability Law –

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

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

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

What do you do when your Car Accelerator Sticks?

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

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

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

Share

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Southern California Bicycle Accident Attorney Website

Share

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

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

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

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

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

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

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

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

Deniz graduated from Yuba City High School in 2004.

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

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

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

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

California Car Accident Attorney Website

Share

Oxnard California Driver arrested in Bicyclist’s Death.

Oxnard California Personal Injury and Wrongful Death Attorney LawyerMALIBU – California

 An Oxnard man was arrested in a hit-and-run accident after his truck allegedly struck and killed a father and injured his son cycling along Pacific Coast Highway in Malibu.

The incident occurred about 1:30 a.m. Sunday. Cyclist Rodrigo “Rod” Armas, 45, of Kern County, died at the scene, while his 14-year-old son was taken to UCLA Medical Center and was in stable condition with numerous broken bones, Los Angeles County authorities reported.

The two were riding east on the shoulder of the 34000 block of Pacific Coast Highway in Malibu.

Driver Robert Sam Sanchez, 30, drove about a mile south of the crash and ditched the truck, the Los Angeles County Sheriff’s Department reported. He was found a short distance away and arrested, still displaying symptoms of alcohol intoxication, authorities said.

He was being held Sunday night on $100,000 bail.

Sanchez is a records clerk for the city of Malibu and lives in Oxnard, according to Lt. Scott Chew of the Los Angeles County Sheriff’s Department Lost Hills station.

Authorities said the cyclists were on their way back to Malibu during the annual 200-mile Los Angeles Wheelmen “Grand Tour” event.

The bicycling event starts and ends in Malibu and wends through Ventura and Santa Barbara counties.

Armas was a Los Angeles County deputy probation officer. He is survived by his wife, Shelly, his 14-year-old son and two daughters, ages 9 and 12.

This accident is a horrible tragedy for the loved ones of the father who was killed, and his son who was terribly injured.

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

Oxnard California Personal Injury and Wrongful Death Attorney Website.

Share

5 French tourists killed, dozens injured in central California tour bus crash

California Bus Accident Injury Attorney LawyerSOLEDAD, CALIFORNIA

Luggage and bodies were left strewn around a central California highway after a bus carrying French tourists overturned on an overpass, killing at least five and injuring dozens.

Investigators were still trying to determine the cause of the crash Tuesday afternoon that shut down U.S. 101 for hours, but said the tour bus appeared to be the only vehicle involved.

The maroon Orion Pacific bus lay on its side after crashing into the guard rail on the two-lane southbound overpass in Soledad, about 100 miles southeast of San Francisco.

The crash ejected four passengers from the vehicle, sending one over the side of the road and onto railroad tracks 60 to 70 feet below, said California Highway Patrol spokesman Brian Wiest.

“It’s a tragedy,” Wiest said. “It’s certainly one of worst I’ve seen in a long time.”

The passenger that fell to the railroad tracks and two others died at the scene, said Maia Carroll, a spokeswoman for the Monterey County Office of Emergency Services. Two more passengers died at hospitals.

A total of 36 people had been on board, including 34 French tourists, one Canadian tour guide and an American driver, Wiest said.

Four of those injured were under the age of 18, including a 13-year-old girl who was one of seven patients airlifted to hospitals in Fresno and the San Francisco Bay Area. The driver was among those who survived the crash, according to the CHP.

Jacques de Noray, a spokesman for the French consulate in San Francisco, said authorities had notified his office that the crash involved French citizens, but said he had no further details. Officials from the consulate reached the scene of the crash late Tuesday.

The tour, which started in San Francisco, was en route to Southern California, where the tourists were due to fly out of Los Angeles back to France, Wiest said. The group had been in the U.S. since April 19 and made stops Tuesday in Monterey and Carmel before the crash, authorities said.

A person who answered the phone at Orion Pacific, which describes itself as a family owned, luxury charter coach company based in Orange, said no one was available for comment. It was not immediately clear who had chartered the bus that crashed in Soledad.

The highway was temporarily shut down in both directions; northbound lanes reopened a couple hours later, and it was unclear when southbound lanes would reopen.

Adrienne Laurent, a spokeswoman for the Salinas Valley Memorial Hospital, said the facility had received three patients from the crash. She said one of those patients, a 52-year-old man, was declared dead there.

Patients also were being treated at eight other hospitals.

The Red Cross was helping coordinate housing and other services Tuesday night for three families who survived the crash and were released from hospitals, said Paula Herrera, executive director of the Monterey-San Benito chapter.

CHP spokeswoman Fran Clader in Sacramento could not comment on Orion Pacific’s safety record pending the accident investigation. The company has been operating since 1985, according to its Web site.

This is a horrible tragedy. If you are a victim or a relative of any of the victims in this horrible crash you may call our 7 day a week, 24 hour a day accident hotline at 800-816-1529 ext. 1 for a free consultation. We can work you in this case even if you reside in France or another nation or State.

California Bus Accident Hotline Website

Share

Inland Empire California Traffic mishaps have taken a deadly toll.

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

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

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

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

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

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

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

Inland Empire Wrongful Death Attorney

Inland Empire Personal Injury Attorney

Share

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Share

Los Angeles County Superior Court to Close one Day Per Month!

California Personal Injury LawyerI am going to post the actual news release from the Los Angeles Superior Court, and then write some comments below. Here is the news release:

NEWS
RELEASE
FOR IMMEDIATE RELEASE
Tuesday, May 19, 2009
Responding to Fiscal Emergency, Los Angeles Superior Court to Close One Day Per Month Action Takes Effect Wednesday, July 15, 2009 Some Limited Services To Be Maintained

Los Angeles Superior Court
Los Angeles County
www.lasuperiorcourt.org
Contact: Public Information Office 213-974-5227
Public Information Officer: Allan Parachini

Responding to the deepening statewide financial crisis, the Los Angeles Superior Court announced today that it will shut down nearly all of its operations and furlough employees one Wednesday per month, beginning July 15, 2009.

Implementation of the furlough plan, however, may not be enough to avert employee layoffs and, eventually, closure of entire courthouses if the budget climate does not improve markedly by the beginning of the 2011-2012 fiscal year. The one-day per month Court closure is expected to save $18 million per year.

The Court faces an estimated budget shortfall of nearly $90 million for the coming fiscal year—nearly double the amount in the most recent budget crisis that erupted in 2002, which ultimately resulted in closure of 29 courtrooms and layoffs of more than 150 employees.

Under a plan approved last week by the Court’s judicial leadership, if the fiscal situation continues to deteriorate, the jobs of a quarter of the Court’s 5,400 employees could be eliminated within the next four years. There would be reductions in courthouses and courtrooms in operation throughout the county.

“We face a serious crisis with immediate impacts that can be blunted, but not avoided,” said Presiding Judge Charles W. (Tim) McCoy. “We learned from our experiences of 2002 through 2004. Over the intervening years, we have accumulated modest reserves that will enable us to soften the pain of these cuts for at least the first year of the new crisis. Unfortunately, we anticipate this difficult budget environment will remain with us for four years.

“We cannot allow denial, false hope or wishful thinking to cause us to drift through the crisis. We should expect things will grow increasingly difficult before they begin to get better. We must, and will, remain masters of our own destiny to the extent possible.”

“The public must realize that the state’s fiscal situation means we cannot actually solve the budget crisis we face” said John A. Clarke, the Court’s executive officer/clerk. “The best we can do is to minimize the pain these cuts will inflict. No one—most of all the Court—is happy about this.” McCoy noted that today’s announcement of the effective closure of the entire court one day a month comes on an Election Day on which voters are deciding the fates of six budget-related ballot propositions.

“Even if all of these measures pass, there would be no discernable, immediate improvement in the Court budget situation,” McCoy said. “We know that reducing and eliminating court services will cause all of our stakeholders—from customers with traffic tickets to lawyers with court dates—great inconvenience. Our objective is to give these constituencies as much time as possible to prepare for the furlough program when it begins on July 15. We know that every day of advance warning of these closures is important to our customers.”

State court leaders are also considering one-day-per-month furloughs and other steps to respond to the financial crisis. McCoy noted that the Los Angeles Superior Court plan is being implemented even though the Judicial Council of California has not yet announced any statewide court closure or furlough plan. “We are the largest and most complex court system in the United States,” McCoy said. “You cannot suddenly bring a system like ours to a halt. This must be orderly and planned and that takes time.”

Details of the Los Angeles Superior Court closure/furlough program include these:
–The court system will close on the third Wednesday of each month, affecting about 600 courtrooms and bench officers and more than 5,000 employees who work in 50 separate courthouse facilities.

–While most courthouses will be closed, some courthouses will necessarily continue to be open, with full security protection to serve the needs of county agencies like the District Attorney, Public Defender, Alternate Public Defender, Probation Department, City Attorney and Child Support Services Department, whose operations are located inside courthouses and are unaffected by the furlough. A few courthouses also house offices of the Los Angeles County Registrar/Recorder, which will also be unaffected. These non-court operations see thousands of customers per day and employ hundreds of people.

–Clerk’s offices, juror services and nearly all courtrooms will be shut down. Drop boxes will be in place to serve customers wishing to file court papers. –Judges will work, beginning today, on adjusting their calendars to postpone or move all scheduled court dates on affected Wednesdays for the entire fiscal year.

–A few designated courtrooms will also be available to handle emergency matters. –The limited number of employees required to work on closure days will be furloughed on other days.

–Supplementing these steps, the Court has imposed a so-called system-wide “hard”—or mandatory—hiring freeze.
–The Court will make $16 million in other ongoing expenditure reductions, largely by cutting services and supplies, restricting travel and other means.

Today’s announcement responds to a fiscal analysis that projects Court deficits in Los Angeles to total $89.9 million in FY 2009-10, rising to $118.3 million in FY 2012-13. These shortfalls amount to about 10 percent of the Court’s operating budget of more than $900 million per year.

Because nearly half of the Court’s funding is for specific statutory purposes, discretion in how and where to make cuts is very limited. Nearly 86 percent of the Court budget is for personnel. If the current situation remains unchanged, by the end of FY 2012-13, as many as 1,300 jobs—or 25 percent of the workforce—could be eliminated. Should that occur, entire courthouses would have to be closed and Court services massively scaled back.

McCoy emphasized, however, that no specific decisions about facility closures have been made—either in terms of timing or when such shutdowns might occur. Such drastic steps are unlikely to become necessary in FY 2009-10, but could have to be addressed as soon as sometime in late FY 2010-11 or early in the following fiscal year.

Although the Court anticipates beginning the 2009-2010 fiscal year with as much as $90 million in reserves, the overall fiscal plan must spread use of this money over an expected four-year crisis period. Depleting the surplus quickly might avert some immediate effects of the crisis, but future years would see even more dire cuts. The bulk of the reserve balance will, however, be utilized in the first two years in an effort to limit adverse impacts on the court system beyond those presently contemplated and, at the end of two years, leaving the court with a small annual balance and a far more adverse situation likely ahead.

Additional details of the closure plan will be posted on Court’s Web site, www.lasuperiorcourt.org. This information will be updated continuously. Customers should continue to check the Web site regularly for new postings.
###

OP Ed Begins Here: I must say that this is a very bad situation. The Los Angeles Superior Court is the largest and most complex Court system in the nation. This could be the beginning of some very bad times if things do not change fast. One day a month does not sound like much, but as a California Attorney, I can tell you that this will delay cases for significant amounts of time, especially civil cases. I hope a solution can be found to this soon!

By California Personal Injury Attorney Norman Gregory Fernandez, Esq.

Share

2 Killed In Car Crash On I-5 near Sacramento, California

Sacramento California car accident atorneySACRAMENTO, Calif. — The California Highway Patrol said two men died after one driver crossed a center divider and struck another vehicle traveling in the opposite direction.

Authorities said 38-year-old Albert Hu’s Toyota Camry crossed the divider on Interstate 5 at about 10:15 p.m. on Friday night near Sacramento.

His car hit a Honda Accord driven by 30-year-old Juan Carlos Reyes-Torres.

Both men died in the collision, and a passenger in Reyes-Torres’ car suffered minor injuries.

The CHP said witnesses reported that Hu’s car was driving recklessly before the crash, and authorities have not ruled out drugs or alcohol as a cause.

Sacramento Car Accident Attorney

Share

Man killed in highway crash with big rig Truck.

Law Office of Norman Gregory Fernandez Personal Injury NewsYERMO – California

A passenger died Monday night after the pickup truck he was riding in crashed into the back of a tractor-trailer on Interstate 15 near Yermo, according to a report from the San Bernardino County Sheriff-Coroner’s Department.

County coroners have not yet released the man’s name pending notification of his family. He and the car’s driver were in a red pickup truck on northbound Interstate 15 at the First Street overcrossing near Yermo when it slammed into the back of a big rig at 9:23 p.m., the report stated.

The driver was airlifted to Loma Linda University Hospital where he is being treated for major injuries. Both men were from San Fernando, according to a California Highway Patrol report.

The California Highway Patrol is investigation the collision.

San Bernardino Truck Accident Attorney

Share

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

Chatsworth Train Accident Attorney Norman Gregory Fernandez discusses Metrolink Train Accident in Chatsworth, CaliforniaWhile 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.

By Norman Gregory Fernandez, Esq., a real Chatsworth California train accident attorney, © 2008

Share

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

Law Office of Norman Gregory Fernandez Personal Injury NewsFour 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

Share

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

Law Office of Norman Gregory Fernandez Personal Injury NewsCAMPBELL, 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

Share