Tag Archive: norman g. fernandez

Two young students hospitalized after being hit by car in Azusa, California

Scene of Azusa California Pedestrian Accident

Scene of Azusa California Pedestrian Accident

AZUSA – California

Two 14-year-old students were hit by a car while walking to school Tuesday morning, leaving them hospitalized in critical condition.

The boy, a student at Azusa High School, and the girl, a student at Foothill Middle School, were crossing Baseline Road near Rockvale Avenue about 7:30 a.m. when they were struck by a white Nissan Maxima driven by an Azusa woman.

Azusa police Cpl. Donald Manley said a preliminary investigation indicated the driver was not speeding nor was she under the influence of drugs or alcohol.

Her view of the street may have been obscured by the morning sun, Manley said.

It has not been determined if she had a green light at the time of the accident.

Ashlie Makroglous, 20, lives in a home next to the intersection. She said it looked as though the girl was injured worse than the boy.

Both students were taken to Los Angeles County-USC Medical Center by a Los Angeles County Fire Department helicopter that landed on the field at Azusa High School a short time after the accident.

“They were here within minutes,” Manley said.

Kathleen Miller, spokeswoman for Azusa Unified School District, said counselors are visiting both schools to speak with students who witnessed the accident. She also said a letter explaining the situation will be sent home to parents.

“We’re praying for the best for both their families,” she said.

The students aren’t the first to be struck by a car in the intersection. In September 2008, 11-year-old Martin Solorio was hit and killed by a car while riding his bike home from his first day at Foothill Middle School.

Makroglous said she didn’t understand why no crossing guard has been posted at the intersection – used by many students who live south of the 210 Freeway.

“That’s now three kids,” she said.

Azusa Mayor Joe Rocha said the city and school district “work together as a team” to provide crossing guards – the city pays for them and the district places them where they are needed.

Rocha said he’d like to see more crossing guards used throughout the city, especially in that intersection.

“I know it is a pretty high speed area,” he said. “You see many kids using the pedestrian bridge and it empties right out into Rockvale.”

Fred Vel, 47, lives next to the intersection and said he was saddened by the accident. He hopes something will be done.

“It would be great to have a crossing guard here,” he said. “Anything to help this out.”

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

Azusa California Car Accident and Pedestrian Accident Attorney

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Motorcycle passenger killed in Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

Scene of Fatal Modesto Motorcycle Accident

MODESTO – California

A woman died Saturday after the motorcycle on which she was a passenger collided with a car on McHenry Avenue in north Modesto, police said.

The 52-year-old Modesto woman suffered critical injuries and was taken to Doctors Medical Center, where she was pronounced dead, said Sgt. Brian Findlen of the Modesto police Traffic Unit.

She was a passenger on a 1995 Harley-Davidson motorcycle. Authorities did not release the woman’s name because her family had not been notified.

The crash occurred shortly after 8 a.m. on McHenry at Meily Way, just north of Union Avenue, near the Wal-Mart shopping center.

A 52-year-old Modesto man was driving the motorcycle on McHenry in the left northbound lane. An 87-year-old woman was driving a white 1997 Toyota Corolla heading west on Meily, apparently attempting to make a left turn onto southbound McHenry.

Car’s driver was uninjured

Findlen said the Toyota pulled into the path of the motorcycle. The motorcycle driver apparently tried to avoid the collision but lost control and struck the car, Findlen said.

The vehicles came to rest in the middle of McHenry. The Toyota driver did not suffer any injuries.

Findlen said the motorcycle driver appeared to have suffered a fractured leg and a back injury. He was taken to Memorial Medical Center. His injuries did not appear to be life-threatening.

Police did not release the names of the drivers Saturday. Findlen said it did not appear that alcohol or drugs were a factor in the crash.

He said police had not determined who was at fault in the crash. Traffic was slowed while officers investigated the crash site for about two hours, but the road was not closed.

Findlen said it appears the motorcycle driver and his passenger were wearing helmets, but police had not determined whether they were wearing them properly.

As the weather gets warmer, Findlen said it’s more likely that motorcyclists will be on the road. That’s why, he said, it’s important for drivers and passengers to properly wear all the necessary safety gear, including a helmet.

It’s just as important for other drivers to keep an eye out for motorcyclists, Findlen said. Many drivers are conditioned to look only for cars, pickups and other vehicles, failing to spot motorcycles on the road.

“Expect the unexpected and drive defensively,” Findlen said.

It appears to me that the 87 year old woman who turned left in front of the motorcycle is at fault in this accident.

If you or your family has been injured in Modesto, or anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

Modesto California Motorcycle Accident Attorney

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Pomona California Man dies in big rig truck crash on 15 Freeway

California Personal Injury Lawyer Blog News BytesDEVORE – California

A 19-year-old Pomona man was killed Saturday morning in an accident involving two big rig trucks on the northbound 15 Freeway in Devore, California.

One truck crashed into another big rig truck that was parked on the side of the road waiting for gas about 9:30 a.m. just south of the Glen Helen Parkway exit.

The semi big rig was stopped on the right shoulder of the freeway waiting for gas when the other truck swerved on to the shoulder to avoid slower traffic.

The swerving truck then crashed into the parked truck, instantly killing passenger Juan Carlos Garcia Bautista, said California Highway Patrol spokeswoman Hope Maxson.

The drivers of both trucks were taken to a nearby hospital to be treated for injuries.

The CHP closed several lanes of the freeway until Saturday afternoon.

The California Highway Patrol is investigating the collision.

It appears on the surface, that the truck that swerved onto the shoulder to avoid traffic is responsible for this accident, and the driver thereof would be solely responsible for the wrongful death of passenger Carlos Garcia Bautista.

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

Devore Truck Accident Attorney Website

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

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

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

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

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

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

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

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

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

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

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

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

By California Attorney at Law Norman Gregory Fernandez, Esq.

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Motorcyclist is injured in crash with stopped bus

Scene of motorcycle accident in Lodi, California

Scene of motorcycle accident in Lodi, California

Lodi – California

A motorcycle rider rear ended a school bus on East Lodi Avenue near Cherokee Lane around 3:40 p.m., in Lodi, California.

The motorcycle rider was transported to Lodi Memorial Hospital with substantial injuries, according to the California Highway Patrol.

The motorcycle rider who is a young man, who works at a Les Schwab Tire Center down the street, was expected to be airlifted to UC Davis Medical Center, according to the CHP.

Witnesses said the motorcycle was traveling west on Lodi Avenue at a high rate of speed, when it collided with the stationary school bus.

There were no apparent injuries to anyone onboard the school bus, which suffered minimal damage.

Alcohol or drugs are not believed to be involved, the CHP said.

I ride motorcycles myself. It is inexplicable to me how someone on a motorcycle could rear end a school bus unless there were driving way too fast.

If you, or a loved one or friend has been injured in a motorcycle accident or any other motor vehicle accident, you may call me for a free consultation at 800-816-1529 x. 1.

Lodi California Motorcycle Accident attorney

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When a Bad Road Causes a Car or Motorcycle Accident in California.

Dangerous and Defective Roads Kill and Injure Many People Each Year

Dangerous and Defective Roads Kill and Injure Many People Each Year

Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.

I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.

Some of these types of cases are utterly devastating to the victims.

I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.

The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.

If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.

If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.

If they do not reject the claim, you have 2 years to sue from the date of the accident.

If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.

Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.

I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © March 9, 2011

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What can you do if your Lover gives you a Sexually Transmitted Disease in California?

What do you do if your lover gives you a sexually transmitted diseaseYou met someone you really like, you had sex with them, soon after you discover a lesion or something else wrong on your private parts, you go to a doctor, you find out you now have herpes. (Or worse) What can you do?

Well there are a lot of things that you can do. The purpose of this article is to discuss the legal remedies available to you if someone knowingly or negligently gives you a sexually transmitted disease. This body of law is called “Sexual Torts.”

Before I get started with this article, let me lay a foundation; first some sexually transmitted diseases are fatal, such as HIV, and Class C Hepatitis. Others such as Syphilis can be fatal if left untreated.

In California it is a felony punishable in California State Prison, for someone who is HIV positive to willfully expose another person to HIV through unprotected sex.

Many other States have similar laws.

Prosecutors have also prosecuted people who knowingly had unprotected sex when they knew they had HIV or Hepatitis with crimes such as criminal negligence, attempted murder, battery, etc.

If any of you out there know you have HIV or Hepatitis, you should consult with an attorney in your State before you go around having sex with someone, even if you disclose the fact that you are infected or have the disease to that person.

California’s willful exposure law basically means that even with disclosure to your partner, you are still required to use protection.

California does not want you passing your disease to other people. Most other States are the same. It is a public health issue, not a privacy issue!

Now getting back to the gist of this article; what can a person do if they are infected with an STD by another person?

In a nutshell, you can report the conduct to the police, district attorney, or health department, and you can sue them for monetary damages, and potentially punitive damages for a Sexual Tort in civil court.

I deal with civil remedies.

There are two standard civil common law causes of action that normally apply to sex torts cases, battery, and negligence.

Battery would be alleged if the person who infected you actually knew they had an STD and failed to disclose it to you.

Negligence would be used if the person who infected you should have known they had an STD.

Fraud can also be alleged if the person who infected you lied to you about actually having an STD.

There have been a couple of multi-million dollar cases involving a person who was infected with an STD by another person.

In the case of deceased movie star Rock Hudson’s same sex partner, he sued because Rock Hudson had sex with him while infected with HIV and failed to disclose it. The same sex partner won a seven figure judgment, without even proving that he got infected with HIV.

In another case, a middle aged woman was infected with genital herpes by her elderly lover. He never denied having herpes, but claimed he told her. She won a seven figure judgment in that case.

There are many problems prosecuting sexual tort cases in civil court. One of the big problems is a lawsuit is only as good as the person you are suing.

If a defendant has little or no money, it can be real difficult or impossible to actually collect a judgment. Most attorney’s including myself, will not take such a case on contingency unless there is a substantial likelihood of collecting a judgment.

Look what happened in the O.J. Simpson civil wrongful death case. The families of the decedents got a 50 million dollar civil judgment against O.J. Simpson, but were only able to collect thousands on the Judgment.

What good is a judgment unless you can collect the money on it?

Unless you get a civil judgment for battery, fraud, or another type of intentional tort, the judgment can be set aside in bankruptcy court if the defendant goes bankrupt.

There is also the statute of limitations issue. In California you have two years to file suit for battery or negligence from the time you knew or should have known, that your lover gave you an STD.

I am always willing to give free consultations to victims in these types of cases to determine if a civil lawsuit is feasible.

On a human level, I suggest that all persons get tested for STD’s before engaging in sexual conduct.

If you are a person who has an STD, you should have your partner sign a written disclosure and release before engaging in sexual conduct. As discussed above, if you have HIV, you may still not be protected.

I have seen people more protective of their cars and property than their own bodies.

You must realize that there are people out there infected with some nasty diseases. Some of them have no problem having sex with you without disclosing their diseases.

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 2011

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To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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The California Personal Injury Lawyer Blog is back after a couple of Month Hiatus

California Personal Injury Lawyer Blog NewsYou may have noticed that I have not posted any new articles on the California Personal Injury Lawyer Blog since September, 2010.

Well we are back.

The reason is has been so long since the last post is that we had to convert the old blog to a new software system, and try to recreate the look and feel of the old site as best as we could.

We did not want to add any new post until the system was working properly.

There are many new improvements on the new site which are too numerous to name right now.

Look for many new California Personal Injury articles and news in the coming days and weeks.

Norman Gregory Fernandez, California Personal Injury Attorney

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