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

Written on September 22, 2009 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents

city-serene A 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

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

Written on September 6, 2009 by Norman Gregory Fernandez, Esq. in Damages, Editorial, Insurance, Motorcycle Accidents, News, Personal Injury, Truck Accidents, Wrongful Death

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

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

Written on July 13, 2009 by Norman Gregory Fernandez, Esq. in Bicycle Accidents, Crime, Damages, Drunk Driving, Editorial, News, Personal Injury, Truck Accidents, Wrongful Death

Southern California Bicycle Accident Attorney One 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

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Oxnard California Driver arrested in Bicyclist’s Death.

Written on June 29, 2009 by Norman Gregory Fernandez, Esq. in Bicycle Accidents, Crime, Drunk Driving, Editorial, Hit and Run Accident, News, Wrongful Death

Oxnard California Personal Injury and Wrongful Death Attorney Lawyer MALIBU – 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.

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Illegal U Turn By Truck Causes a Fatal Car Accident.

Written on June 25, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Editorial, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

fatal-car-accident-kills-18-year-old California

The Santa Clara County Coroner’s Office has released the identity of the Turlock man killed in Thursday’s accident on Highway 152, while a California Highway Patrol spokeswoman noted how the involved big-rig driver had been making an illegal U-turn as the car with the victims approached at a high rate of speed.

The man killed was Simardeep Bhatia, 18, according to the coroner’s office. Earlier today, the CHP released identities of a man and woman who have survived the accident. The female driver of the 2006 Dodge Charger that slammed through a big-rig’s trailer was Gurvinder Chamal, 19, of Ceres, while the other passenger was Jasbir Singh, 18, of Hughson, said Matt Peters with the Hollister-Gilroy office of the CHP. Both remained in critical condition at Regional Medical Center of San Jose as of this morning, he said.

Bhatia’s sister spoke briefly today about the accident.

“I just really miss him,” Rinku Bhatia said. “I can’t believe that it happened. He was really a nice person. He was really friendly to everyone, and we love him a lot. And we just want everybody to pray for us.”

The truck driver, 57-year-old David Jones of Hayward, attempted an illegal U-turn, entered the dirt median with the vehicle’s front end and blocked the eastbound lanes with the trailer, CHP spokeswoman Erica Elias said. The driver of the Charger traveled at a “high rate of speed” and did not react quickly enough to avoid it and the car “collided into and drove underneath the semi-trailer,” Elias said.

The car’s roof “was completely sheared off,” Elias said. She said Calfire pronounced Bhatia dead upon arrival.

The truck driver was not immediately arrested or cited, Peters said at the accident scene.

This is a terrible accident that caused the wrongful death of an 18 year old passenger, and critical injuires to another passenger and driver.

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

California Car Accident and Wrongful Death Attorney.

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

Written on June 21, 2009 by Norman Gregory Fernandez, Esq. in Bus Accidents, News, Personal Injury, Wrongful Death

California Bus Accident Injury Attorney Lawyer SOLEDAD, 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

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Inland Empire California Traffic mishaps have taken a deadly toll.

Written on June 5, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Hit and Run Accident, Motorcycle Accidents, News, Personal Injury, Wrongful Death

Inland Empire Wrongful Death Attorney, Inland Empire Personal Injury Attorney Inland 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

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Pedestrian hit when truck swerves off road.

Written on June 3, 2009 by Norman Gregory Fernandez, Esq. in Damages, Editorial, News, Pedestrian Accidents, Personal Injury, Truck Accidents

Valley Center California Pedestrian accident atorney VALLEY CENTER , California

A 30-year-old man was flown to a local hospital with major injuries after he was hit by a truck that swerved off the road Tuesday morning, authorities said.

The incident took place shortly before 10:15 a.m. on Cole Grade Road just south of Cool Valley Road, about five miles north of Valley Center, according to the California Highway Patrol.

The truck also hit a light pole after driving off the road, CHP Officer Larry Chase said. The driver, a man whose name and city of residence were not available, was arrested, the officer said. He faces charges including reckless driving causing bodily injury and driving while intoxicated, Chase said.

The injured man was in critical condition at a local hospital Tuesday afternoon, Chase said. Additional information about the victim was not available.

I sincerly hope that the man that was hit recovers from this horrendous accident. If he does he will have one hell of a personal injury case against the man that hit him.

Valley Center California Pedestrian Accident Attorney

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Tags: attorney, california highway patrol, car accident attorney, catastrophic injuries, Damages, lawyer, motor vehicle accident, norman gregory fernandez, Personal Injury, personal injury case, Truck Accident, valley center california

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

Written on June 1, 2009 by Norman Gregory Fernandez, Esq. in Editorial, Insurance, News, Off Road Vehicle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Safety Tips

California Personal Injury Attorney Norman Gregory Fernandez discusses Off Road vehicle insurance and safety I 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!

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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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Memorial Day 2009; Remember Those Who Have Given Their Lives So That We May Be Free.

Written on May 25, 2009 by Norman Gregory Fernandez, Esq. in Editorial, Off Topic Articles

Today, Memorial Day, is a holiday wherein we Americans pay tribute to those who what fallen in the service of the United States of America.

Today is more than a paid holiday off of work; it is more than a day to drink beer and have a picnic; it is more than a shopping day for sales at your local mall; it is supposed to be a solemn day of tribute and remembrance of those who have given their lives in the service of the United States of America.

As I write this in the year 2009, young Americans are still at war and fighting and dying in Iraq and Afghanistan, may god bless them and keep them safe.

I know it is very easy to worry about the economy, home foreclosures, raising gas prices, love, job, or lack thereof, you favorite TV show, the NBA playoffs, etc. However, remember this, young Americans, the best and the brightest, are now at this time on this very day, giving their all for all of our freedom.

Take a moment today to pray for them, take some time today to give silence as tribute for them, and above all, look at something beautiful today for them, those blessed souls who gave their lives for us, for they can no longer see.

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Tags: afganistan, iraq, memorial day 2009, norman gregory fernandez, united states of america, war, war dead

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

Man killed in highway crash with big rig Truck.

Written on March 3, 2009 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, News, Personal Injury, Truck Accidents

Law Office of Norman Gregory Fernandez Personal Injury News YERMO – 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

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Tags: Car Accident, Loma Linda, News, norman gregory fernandez, San Bernardino, San Fernando, Truck Accident, Wrongful Death, Yermo

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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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

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