Tag Archive: Personal Injury

Do not Walk or Run into Freeway Lanes; A CHP Warning to Pedestrians

Written on November 12, 2009 by in Car Accidents, News, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Wrongful Death

Capital City Freeway Accident Pedestrian on freeway killedThe California Highway Patrol is warning people to stay out of freeway lanes; even if they have spilled or dropped something from their vehicle; after a woman was fatally struck Saturday morning while trying to retrieve a lost box on the Capital City California Freeway.

Instead, people should pull over in a safe place and call the CHP for help, said spokeswoman Officer Lizz Dutton.

“You never want to be running out in the freeway,” she said. “Ever.”

About 6 a.m. Saturday, a woman died after being struck multiple times by cars as she tried to retrieve a box of hooded sweat shirts that had fallen from the pickup truck she was riding in, Dutton said.

She and a friend, who was driving, apparently were on their way to sell the sweat shirts, possibly at an open air market, Dutton said.

At least one box came loose from the secured load and spilled onto eastbound Capital City Freeway just west of Watt Avenue. The driver pulled over, and the woman ran out into the slow lane when an approaching vehicle struck her.

The driver of that car saw her and tried to brake, but was unable to avoid the woman, Dutton said. Upon impact, the woman was thrown into the next lane, where she was again hit by vehicles. She was pronounced dead at the scene.

On Tuesday, the Sacramento County Coroner’s Office was still trying to identify the woman.

Dutton said alcohol and drugs do not appear to be involved in the incident. Instead, it appears to be an unfortunate accident resulting from unsafe actions, she said.

The woman was wearing dark clothes at the time of the accident, it was still dark outside, and, Dutton said, “pedestrians don’t belong in the roadway.”

California Pedestrian Accident Attorney Website

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California Personal Injury Attorney Norman Gregory Fernandez Supports the Consumer Attorneys of California

Written on November 12, 2009 by in Editorial, News, Off Topic Articles

California Personal Injury Lawyer Norman Gregory FernandezGeorge Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California (“CAOC”) consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC’s value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as “structured settlements,” in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer’s first line of defense. The blogs participating in this unified call to action are:

Show your support of consumers’ rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

California Personal Injury Attorney Norman Gregory Fernandez

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There will be Changes on the Oakland Bay Bridge following a Death Plunge by Truck.

Written on November 10, 2009 by in Damages, Dangerous Conditions, Editorial, News, Off Topic Articles, Personal Injury, Truck Accidents, Wrongful Death

Oakland Bay Bridge Fatal Truck AccidentCaltrans will add more safety measures and warning signs on the Bay Bridge to try to get drivers to slow down before the new S-curve, where a speeding truck driver lost control early Monday and plunged in his big rig 200 feet to his death on Yerba Buena Island, authorities said.

New signs advising motorists of the 40 mph speed limit on the S-curve, reflective striping and radar boards flashing drivers’ speeds are among the changes in store in the aftermath of the crash, Caltrans spokesman Bart Ney said at a news conference Monday.

There have been at least 43 accidents in the curved area since it opened Sept. 8 as part of the eastern span replacement project, but the truck plunge was the first in which someone died.

The California Highway Patrol said the primary factors in the accident were the driver’s speed and the shifting weight of his cargo, not any problems with the S-curve’s design.

10 mph over limit

The crash happened about 3:30 a.m. as the big rig, loaded with pears, was traveling on the westbound upper deck at about 50 mph – 1o mph over the speed limit in that zone – said CHP Sgt. Trent Cross.
The truck tipped over the 3-foot-high concrete rail on the northern side of the S-curve and plummeted onto Yerba Buena Island, landing on its wheels and disintegrating into countless pieces. Security guards who were first on the scene said it was clear that the driver, a 56-year-old Hayward man whose name has not been released, died instantly.
The driver was an independent operator who bought the big rig several months ago, authorities said. For the past eight months, he had been a subcontractor for JM&R Trucking in Oakland.
“He was a good person, a prompt person, always on time,” said Mike Russell, the firm’s owner. “He was a safe driver, absolutely.”
Investigators suspect that the driver’s load of pears shifted as the rig hit the S-curve, something that could have helped propel the truck over the side of the span.

Weeks-long probe

Caltrans inspected the bridge and reopened the far-right lane to traffic at 7:45 a.m.

About 15 CHP investigators were collecting evidence on Yerba Buena for a probe that is expected to take weeks. Overhead, a mattress, apparently from the truck’s cab, could be seen balancing on the bridge railing.

Cross said CHP officials believe the S-curve is safe. “We don’t believe it’s a design flaw,” he said. “There’s nothing tricky or complicated about the curve. I can stand here with confidence and say that if you drive the posted speed limit, you will make it through the curve safely, just as thousands of drivers do every day.”

Cross said there was no video from security or traffic cameras on the bridge that captured the crash.

On Oct. 14, a Safeway big rig truck flopped across four lanes when it hit the S-curve, tying up westbound traffic for hours. The driver was unfamiliar with the new turn and was going too fast, the CHP said.

Tough adjustment

Some drivers have had difficulty adjusting to the 40 mph limit on the S-curve, a 10 mph decrease from the rest of the span. The increase in accidents and drivers’ complaints had already led Caltrans and the CHP to install new signs and flashing lights.

The CHP has ordered radar units, the electronic boards that flash the speed of an approaching car, but it is unclear when they will be installed.

Today, crews will begin adding 6-inch-wide reflective strips on the barriers on either side of the S-curve on both decks, Ney said.

At some point, crews also will install a large overhead sign warning westbound motorists of the 40-mph zone ahead, Ney said. That sign, which will be accompanied by flashing lights, will be placed near the top of the incline on the upper deck, Ney said.

Hours after the accident Monday, Caltrans began posting warnings on electronic message boards on Bay Bridge approaches warning truck drivers to slow to 35 mph at the curve, an advisory speed limit. The legal limit remains 40 mph.

Caltrans has considered installing “rumble strips” – rows of traffic dots extending across the roadway – in the area of the S-curve, but has no immediate plans to do so, Ney said.

Steps taken

The agency has already made several changes in hopes of getting drivers to slow down. Last week, crews painted solid white lines to discourage lane changes and added raised pavement markers – some traffic dots and some reflectors – to jar drivers moving to one side or the other. It also added a large overhead warning sign on the eastbound approach to the S-curve.

The CHP said the majority of S-curve crashes have been fender benders. The crashes have been split relatively evenly between the upper and lower decks and have occurred mostly during noncommute hours, when traffic typically moves faster, officials said.

“From day one since we had this S-curve open, we’ve tried to instill in the motoring public that you really have to watch your speed in this area,” Cross said. “Speed has always been a factor in every traffic collision that has occurred in this S-curve.”

San Francisco and Oakland California Truck Accident Attorney Website

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It is About Time we get Health Care Reform in this Nation; With a Public Option.

Written on November 3, 2009 by in Editorial, Insurance, medical treatment, News, Off Topic Articles, Personal Injury

We need health care reform with a public option now.*** October 9, 2009 Update – The United States House of Representatives has passed a historic health care reform bill which includes the public option. Now it is up to the Senate to act on the bill, and the President to sign.

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking!

Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American.

My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to do. I think if all Americans starting thinking and doing what they think was best rather than what some political party tells them is best we would all be much better off. It may never happen but if all of you try it for yourself you will see the lunacy of political parties.

Now, unless you are Bill Gates, and have millions of dollars at your disposal to pay for catastrophic health care bills than maybe this article might make a little sense to you. If you are blinded by politics, still read on, maybe what I say will “break on through,” as quoted by Jim Morrison of the Doors.

You see I am a personal injury lawyer and attorney. I get many new clients that have half assed medical insurance coverage, or very good insurance. However, I also get new clients every week that have no health care insurance at all.

Many of these uninsured client’s literally have suffered for days, weeks, and even months without medical treatment, hoping that their injuries would heal on their own. I can only imagine the untold numbers of others who are suffering with medical ailments and have no insurance or viable way of obtaining medical care.

Out of desperation they call me because they know I can get them treatment for their injuries, even if they do not have health care insurance.

Health care reform to me is not about politics, it is not about profits for doctors, hospitals, medical providers, and medical insurance providers. (All of whom continue to make huge profits while the rest of the nation is in a depression) Health care reform to me is about right and wrong. Let me explain.

I personally know many people who have lost their jobs and their medical insurance before the present depression, and during the present economic depression. It has happened to me in the past!

If you have never lost your job and medical insurance in your life, you are either full of shit, or you are one in a billion; yes I said billion.

If you are an American worker who does not have a multi-million dollar inheritance, rich parents, or are rich yourself, you are going to lose your job and your insurance at some time or another. It is a simple fact of life.

No one can depend on having insurance for life the way the system is set up right now. Your healthcare and possibly life depend on the whim of your employer, or your ability to obtain and pay for individual healthcare plans. This is not acceptable any longer.

What are you supposed to do if you lose your job and your medical insurance? In the good old days you could simply get another job. Those days are pretty much over now.

With unemployment at 10% or more in some locations, and the nation mired in an economic depression, good jobs are hard to come by. Hell even college graduates from top institutions are having trouble finding jobs.

If you lose your job and insurance, the end result is that your sorry ass along with your innocent children and spouse, if they stay with you, may have no insurance to cover your healthcare if you get sick. This situation is a surreal nightmare for millions of our fellow citizens as I type this article. Hell it could be you!

If while you are uninsured due to no fault of your own, you get sick, and you need to go to an emergency room, which by law has to treat and stabilize you, then the rest of us have to pay for your sorry ass through higher taxes and health insurance costs, because the hospitals have to charge more to cover their losses in treating uninsured people.

In the end, it is cheaper just to make sure that there is universal coverage for everyone.

I am no communist, I sure the hell am no socialist, but when it comes to medical care, I believe that in the richest nation on earth, healthcare should be a right for all, not a privilege.

Now forget about politics, forget about what some rich congressman is telling you to believe because of your political party affiliations, forgot about hating certain political figures; what do you think is best for you and your family; the way it is now, or universal health care for all? At least try to be honest with yourself.

UNDER FEDERAL ERISA LAWS, AN INDIVIDUAL CANNOT SUE A HEALTH INSURANCE PROVIDER FOR FAILING TO PROVIDE COVERAGE; NO SHIT!

Now that I have got your attention, let me tell you about my father; this is a true story that happened last month in October, 2009.

My father just had a major arterial bypass surgery recently, and is presently in a nursing home for recovery. He has probably the best HMO/PPO health insurance on earth, with probably the most famous health insurance provider on the planet.

Until just recently, he was ordered by his doctor to not place any weight whatsoever on his legs, he was basically bedridden in the nursing home. He was and still is dependent upon the nurses and doctors there for care while he recovers.

On October 14, 2009, we found out that his health insurance provider had retroactively determined that he no longer needed to be in the nursing home as of October 10, 2009. In other words a man that is and was bedridden with no viable alternative for other care, was basically told by his insurance company that “we don’t give a shit about you, you are out of there. Oh and by the way, you owe for 4 days.” His health insurance provider made this determination even though 2 of my dad’s doctors ordered him to be placed in a nursing home to recover.

Some health insurance bureaucrat unilaterally decided that they knew what was best for my dad, rather than two of his treating physicians. We all know that this is a bunch of bullshit to save the health insurance company some money don’t we.

Under present ERISA exemptions, my father cannot sue his medical insurance provider for failure to cover the nursing home even though his insurance covers nursing home care, because he is in a group plan. 80% of all health care insurance in this nation is provided under a group plan. How come nobody is taking about the fact that health insurance providers cannot be sued by individuals for failing to provide that which they contract to provide? It is a big scam.

Luckily for my dad, he has an attorney for a son (me) who is pissed off, and the political climate is not good for this kind of bullshit decision on their part right now, especially considering the fact that congress is presently debating health care reform as I write this article.

The insurance company probably thought that my dad was some old Hispanic man (looking at his surname) that they could screw around. Who knows? After talking to them and telling them exactly what I intended to do, they miraculously reinstated his insurance and everything is fine now.

What if this was you or you did not have a son who was an attorney? You would be screwed, blued, and tattooed as they boot your sick ass on the street. You would be dead! Geez, I wonder what will happen to me if god forbid I am in the same boat as my dad, my daughters are not attorneys like me.

The healthcare reform changes being debated right now would prevent insurance companies from denying coverage based upon pre-existing conditions, they would prevent insurance companies from terminating coverage because of an illness, and they would prevent insurance companies from placing a lifetime cap on your insurance. It is because of health insurance greed and excesses that these changes need to be implemented in the first place.

How many of you reading this are not worried about anything I stated above? If you are not worried, you are probably full of shit and are lying to yourself, or are too dumb to realize it. I do not think even a billionaire would want to risk a catastrophic illness. The cost of healthcare is so high now; million dollar plus bills are not out of the question.

If you are poor, middle class, or even moderately rich, a catastrophic illness could destroy you financially. Even if you have the best health care insurance. The present system is a free market free for all and it sucks the big one. Health care today is about profits, not about quality medical care for all. Hell, I don’t mind a man making a buck, but under the current system we are all being raped.

Imagine, you saved all of your money for years to buy a home, you have a nice car, your family is doing well, and then little Jenny gets sick, imagine having to lose everything and go bankrupt because of co-payments, no insurance, or your insurance company cutting you off. This is reality for millions of American’s right now, it is not right, and it is bullshit.

It is time for healthcare reform.

We Need a Public Option

We need to have a public option just like Congress has. Yes Congress, the same folks that we vote into office to represent us. Why should we not get what they get? Are they better than the rest of us?

What is funny is that there are certain congressmen from a certain political party that all have great “lifetime” medical coverage for themselves and their family as a perk of office, and yet they are opposed to giving us universal healthcare; feature that! These people are so out of touch with the reality and the exigency of the situation it is mind blowing. They might as well be from another planet. Their supporters support them along party line regardless of whether the healthcare reform will actually benefit them and their own family. This is truly bizarre to me.

It is kind of like not wearing a jacket in winter so that you will not freeze to death, because your enemy supports wearing the jacket; so you freeze to death! Makes no sense.

Now the public option is just that, an option. You can opt out and still use traditional insurance. Maybe a public option will make private insurance companies pull their collective heads out of the asses and compete on a more even playing field rather than monopolizing the market and making untold billions of dollars of profit each fiscal quarter, at our peril.

I have heard the “socialized medicine” sucks arguments, and the “in Canada they have to wait months” arguments, and they do concern me. Thank goodness we are not talking about a system like that. We are only talking about mandating that all people buy medical insurance, (just like we do with car insurance) and giving them an inexpensive public option if necessary.

Healthcare reform is about what is morally and ethically right. It is about what is right for the most powerful nation on earth. Persons from all political parties have been trying to get this done since Theodore Roosevelt was President to no avail.

The time for half assed excuses, political bullshit, and half measures is over. It is time for Health Care reform with a Public Option.

Call your congressman, write your congressman, this issue is a matter of national security, and could be a matter of life and death for you and your family if healthcare reform is not implemented.

I truly look forward to your comments on this subject, and debating the issue.

God bless you all.

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

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What the Heck? San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!

Written on October 30, 2009 by in Car Accidents, Crime, Editorial, Hit and Run Accident, Insurance, Motorcycle Accidents, News, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Van Accidents, Vehicle Passenger Accidents

San Francisco’s Sanctuary City Policy is an Accident waiting to Happen!On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

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

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Three killed in another accident on Highway 46 North of Bakersfield, California.

Written on October 29, 2009 by in Car Accidents, Damages, News, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

Highway 46 North of Bakersfield fatal car accident.Three people were killed in a head-on crash Wednesday afternoon on Highway 46 north of Bakersfield. Friday, four people were killed in an accident on the same highway.

The accident happened at about 2:53 p.m. on Highway 46 just east of Wildwood Road. That’s between Wasco and Interstate 5, not far from Wasco State Prison and the Wasco Valley Rose golf course.

California Highway Patrol officer Robert Rodriguez said a small Toyota was attempting to pass another car on the two-lane road. When the driver of the passing car realized he didn’t have enough room, he tried to get back into his lane, but lost control.

The Toyota slammed head-on into a Dodge Ram pickup, Rodriguez said.

All three people in the Toyota were killed instantly, he said. The driver of the pickup was taken to Kern Medical Center with moderate injuries.

On Friday, one car passing two trucks slammed head-on into another car, killing two people in each.

Highway 46 is sometimes known as “Blood Alley” because there have been so many accidents. It is two-lanes in most places between Highway 99 and Paso Robles.

California Wrongful Death Lawyer and Bakersfield Car Accident Attorney Website

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Los Osos California couple dies in car accident in Kern County California

Written on October 28, 2009 by in Car Accidents, Editorial, News, Personal Injury, Vehicle Passenger Accidents, Wrongful Death

Kern County Couple dies in Deadly Los Osos Accident A deadly accident in Kern County claims the lives of two Los Osos, California residents.

The California Highway Patrol said 62-year-old Shirlene Soto and her husband, 84-year-old Walter Elliott, were among the four people who died in a car crash on Highway 46 east of Highway 33 Friday morning.

The CHP said a man driving a Chevy on the eastbound lane tried to pass a tractor trailer, when he collided head-on with the vehicle Soto and Elliott were riding in.

They say Soto and Elliott died on impact. The 25-year-old man driving the Chevy, and his one-year-old passenger were also killed on impact. Another passenger in the Chevy suffered major injuries.

Family members said Soto and Elliott were both former Cal Poly professors. Soto later worked for California State University Northridge, and Elliott worked for Rocketdyne.

A family member released a statement: “They were both extremely cheerful, energetic people who loved life, friends, and family.”

Kern County Wrongful Death Attorney and Car Accident Attorney

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Santa Maria Woman Dies in Motorcycle Accident

Written on October 26, 2009 by in Motorcycle Accidents, News, Personal Injury, Wrongful Death

Santa Maria woman dies in motorcycle accidentThe California Highway Patrol says 51-year-old Nancy Simmons, of Santa Maria, has died in a motorcycle accident.

The CHP says she was a health technician at Santa Maria High School.

The accident happened on Northbound Highway 101, near the Santa Maria River Bridge, just after 11:30 a.m. Saturday.

The CHP said four motorcycles were traveling Northbound, when a pickup truck pulling a trailer, began to merge onto the highway.

Simmons was a passenger, and was riding with her husband, 52-year-old Ben Simmons.

The CHP said he tried to pass the pickup truck, but lost control as traffic began to also slow down.

Simmons was taken to the hospital where she died from her injuries. Ben was also taken to the hospital, and was treated for minor injuries.

Investigators say it was just an unfortunate accident. They were going the speed limit, and both were wearing their helmets.

“I went to run out to see if I could help and I saw her lying there,” said J.P Weddle, who witnessed the accident. “And I realized there’s nothing I could do other than just to try to get an ambulance out here,” said Weddle.

Ben Ruth, with the California Highway Patrol, said “Everyone needs to be reminded that they need to give themselves a safe space cushion in between vehicles, so that if another vehicle reacts to something, that person is able to come to a stop.”

The CHP closed down the highway for about half an hour.

Santa Maria Motorcycle Accident Attorney and Wrongful Death Lawyer

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Vehicle collides with school bus carrying children in Ontario, California

Written on October 20, 2009 by in Bus Accidents, Car Accidents, Damages, News, Other Motor Vehicle Accidents, Personal Injury, Vehicle Passenger Accidents

Ontario, California Bus Accident and Ontario, California Car Accident AttorneyOntario – California

A school bus carrying about 15 students crashed into a tree after it was hit by a vehicle that ran a stop sign, according to the California Highway Patrol incident log.

None of the child passengers were hurt, CHP dispatchers said, but the bus driver was injured.

The traffic collision, which blocked the intersection, happened about 4:05 p.m. near San Antonio Avenue and Phillips Street in Ontario, California.

Ontario police officers detained one person and later made an arrest, but no other information was available.

In my personal experience, kids usually do not feel aches and pains immediately after an accident such as this, especially on a school bus. I hope that the kids are all uninjured.

If you or your family have suffered an injury in a school bus, or other type of motor vehicle accident anywhere in California, you may call our California Accident Hotline for a free consultation at 800-816-1529 ext. 1.

Ontario, California Bus Accident and Ontario, California Car Accident Attorney

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A Woman and 2 LAPD officers injured in car accident in Los Angeles

Written on October 18, 2009 by in Car Accidents, Damages, Editorial, News, Personal Injury, Workers Compensation

Los Angeles California Car Accident AttorneyLos Angeles – California

The crash occurred at the intersection of Venice Boulevard and Glyndon Avenue around 12:20 a.m. All three accident victims were transported to hospitals.

“The two officers are still at the hospital being treated for their injuries, but I don’t know their current condition,” Lt. Paula Kreefft, a watch commander at the Los Angeles Police Department’s Pacific Division, said before dawn. She said the accident was not a result of a police pursuit or response to a call for service.

Officer John Farish of the LAPD’s West Traffic Division, which was investigating the crash, said the squad car was traveling on Venice Boulevard “when a woman tried to enter onto Venice from Glyndon Avenue, where there is a stop sign.”

“The final report will have to sort out who was at fault,” he said

It appears to me that based upon the description, the woman entering the intersection was probably at fault, and the officers who were injured will not only be able to file a California Workers Compensation claim, but also a personal injury action against the woman who entered the intersection.

They should contact an attorney such as me immediately.

If you have had a car accident anywhere in California you may call my California Personal Injury Hotline at 800-816-1529 ext. 1.

Los Angeles California Car Accident Attorney

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Bus Driver is convicted in Colusa gambler bus crash; Charter Bus Safety Act, AB636

Written on October 9, 2009 by in Bus Accidents, Crime, Damages, Editorial, News, Personal Injury, Vehicle Passenger Accidents, Wrongful Death

Quintin Joey WattsDriver Quintin Joey Watts faces a maximum of 76 years in prison for his role in the gambler’s special bus crash that killed 11 passengers on their way to Colusa Casino Resort last year.

A jury of six men and six women deliberated for three hours Thursday before convicting Watts of 11 counts of gross vehicular manslaughter and 21 counts of causing great bodily injury, stated the Colusa County District Attorney today.

“I believe this is the first case in California of gross vehicular manslaughter based strictly on sleep deprivation,” said the DA. “There was no alcohol, no drugs, no medication in his system, it was simply exhaustion.”

Watts, 53, had slept no more than three or four hours in the 27 hours prior to the Oct. 5, 2008 Sunday night crash on a rural road, the DA said.

Watts repeatedly told investigators, “I was hecka tired,” the DA stated.

“On the day before the accident, he got up at 4:40 a.m. and didn’t go back to bed until 4 a.m. and got up an hour or two later,” stated the DA.

Watts was on his third casino run in a day-and-a-half when he fell asleep at the wheel, three witnesses said.

One was Chouangseng Saechao, 48, “who was very badly hurt and had almost every bone broken in her body,” stated a case worker at Lao Family Community Development who is helping some of the 23 passengers who were injured in the crash.

“I’m happy he’s been convicted and will be in jail forever, but I feel very sad I have to carry this injury forever,” Saechao said through her case worker. “Any bus driver has to be checked and has to be a good driver.”

The California Legislature has passed The Charter Bus Safety Act, AB636 — sponsored by Assemblyman Dave Jones (D-Sacramento) — which will revoke operating permits of bus companies operating without proper permits or qualified drivers. The bill will suspend unlicensed bus drivers for five years.

Watts had a commercial driver’s license but did not have the proper DMV certificate to allow him to drive a bus with 10 or more passengers, said a spokeswoman for Jones. “And the bus company was registered as non-operational, even though the bus in the crash was still being used,” she said.

“The tragic loss of 11 of my constituents to a rogue bus operator demonstrates the need for the ‘one strike and you are out’ approach,” Jones said. “I have no patience for those who undercut the process, thumbing their nose at regulations, and making California roads unsafe for us all.”

Gov. Schwarzenegger has until Oct. 11 to sign or veto the bill.

California Bus Accident Attorney

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Biggest Recall in Toyota History; Stuck Accelerators; Important Info for Toyota and Lexus Owners!

Written on September 30, 2009 by in Car Accidents, Editorial, News, Personal Injury, Products Liability, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

Toyota recallYou may have read an article we wrote below about a fatal accident involving a family test driving a lexus and allegations that there may have been a defect that caused the accident.

Federal investigators have said of the 102 accidents caused by stuck gas pedals on Toyota vehicles, there are four possible causes involving the floor mats: The mats are too long or too thick, they weren’t properly secured, the gas pedal design is flawed or the floor geometry is defective.

The wide array of causes presents a challenge to Toyota engineers who are trying to come up with a way to fix the problem that is leading to a recall of 3.8 million vehicles, including the Camry, the top-selling car in the U.S.

“We’ve evaluated a number of different years, makes and models of Toyota and don’t believe that there is a one-size-fits-all answer as to why these incidents are occurring,” said National Highway Traffic Safety Administration spokesman Rae Tyson on Tuesday. “I think Toyota is going to have a challenge on its hands to come up with a remedy that is going to address the problem.”

Toyota spokesman John Hanson acknowledged the problem is more complex than vehicle floor mats alone, but involves the way the floor mat interacts with other parts of the vehicle.

“Other factors may be coming into play here,” he said. “That’s why we feel that probably the remedy could be different from vehicle to vehicle.”

On Tuesday, the Japanese automaker issued a safety advisory urging owners of 3.8 million car and trucks — including popular models like Camry, Prius and Tacoma — to remove driver-side mats. It wants drivers to watch out for loose or incorrect mats that could slide out of position and cover pedals.

Toyota is still studying the problem. Once it comes up with a fix, it will issue a recall of the models. It will be Toyota’s largest-ever U.S. recall, accounting for about 15 percent of all the automaker’s vehicles on U.S. roads, the company said.

The safety advisory was prompted by an accident last month killing four people near San Diego. In that incident, a floor mat trapped the gas pedal on a 2009 Lexus ES 350, causing it to accelerate out of control, strike an SUV, launch off an embankment, and burst into flames.

NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. The problem has led to 13 crashes, 17 injuries and 5 fatalities in Toyota vehicles, according to NHTSA.

Toyota’s warning affects the following vehicles:
2007-2010 model year Toyota Camry;
2005-2010 Toyota Avalon;
2004-2009 Toyota Prius;
2005-2010 Tacoma;
2007-2010 Toyota Tundra;
2007-2010 Lexus ES350; and
2006-2010 Lexus IS250 and IS350.

If you, your family, or friends have been in a Toyota vehicle, and had the accelerator stuck resulting in an injury accident in the State of California, you may be entitled to compensation, under California product liability laws.

Please call our Personal Injury Hotline at 800-816-1529 or click here now.

By California Product Liability Attorneys

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CHP Cruiser hits Pickup Truck in Santa Rosa, California; Driver Critically Injured.

Written on September 27, 2009 by in Car Accidents, Damages, Editorial, Motorcycle Accidents, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

Santa Rosa California Crash Involving CHP, Pickup Truck, and MotorcycleSanta Rosa – California

A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.

Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.

The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.

The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.

Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.

Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.

Officers said they had not determined if Dempsey was wearing a seatbelt.

The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.

Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.

Alcohol was not involved, Mensior said.

Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.

Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.

Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website

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Man killed, Six Injured in Truck Accident outside Salinas, California.

Written on September 25, 2009 by in Car Accidents, Damages, Editorial, News, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents, Vehicle Passenger Accidents, Wrongful Death

Salinas California Car and Truck Accident AttorneyA Salinas Valley farmworker was killed and six other people were sent to hospitals Wednesday when a truck smashed head-on into a car on Alisal Road outside Salinas, California.

The California Highway Patrol said the crash happened shortly before 7a.m. about a mile north of Hartnell Road.

Juan DeLeon Alcantar, 43, was pronounced dead at the scene after a Chevrolet Silverado stuck his Toyota Camry, the CHP said.

The driver of the Silverado, Jose Tinoco, 68, of San Luis, Ariz., was driving north on Alisal Road when the truck crossed over the double yellow lines, officers said. The truck sideswiped a Honda Accord traveling south and continued, colliding head-on with the Toyota.

Two of Alcantar’s passengers, Jose Ricardo DeLeon, 33, and Guadalupe Montoya, 33, suffered major injuries and were taken to Santa Clara Valley Medical Center, the CHP said. A third passenger, Javier Escobar, 38, suffered moderate injuries and was taken to Natividad Medical Center.

All of the men in the Toyota are from Salinas, and Monterey County coroner’s officials said the men were headed to Chualar to work in the lettuce fields.

Tinoco suffered minor injuries in the crash and was taken to Natividad Medical Center.

The driver of the Honda, Yesenia Flores, 21, of Salinas, suffered minor injuries when her car skidded out of control and went into a drainage ditch, the CHP said. She was also taken to Natividad.

A passenger in Flores’ car, Juana Robles, 20, of Salinas, was taken to

Salinas Valley Memorial Hospital, but CHP officers did not say if she was injured.
The CHP said there was fog at the time of the crash but the cause of the collision is under investigation.

Anyone who witnessed the crash is asked to call the CHP Salinas office at 796-2100.

Salinas California Truck Accident and Car Accident Attorney Website

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

Written on September 6, 2009 by in Damages, Editorial, Insurance, Motorcycle Accidents, News, Personal Injury, Truck Accidents, Wrongful Death
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

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