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California Personal Injury Blog
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stormlaw · 5 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/not-get-arrested/
How to Not Get Arrested.
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 How to not get Arrested 
NOTICE
This book is provided for educational purposes only. 
The information in this section is not intended as legal advice, nor should it be construed as legal advice by you. 
Any use of the information provided in this book shall be at your own risk, and the provider of such information assumes no responsibility whatsoever for its content, or any outcome related to its use. 
You are hereby advised that a licensed attorney should be consulted on all legal issues that may affect you or your case.
To get the PDF version of this guide click here.
Table of Contents
INTRODUCTION   2
DRIVING   3
WEAPONS   3
DRUGS   3
WARRANTS   4
DRINKING   4
RESISTING ARREST  5
INTRODUCTION
Try to avoid violating the law. Stop and think before you act. If you are in doubt about the legality of an act; ask. Ignorance of the law is no excuse, BUT USE IT ANYWAY! Try to stay away from suspicious places and circumstances. Watch the company you keep. You can easily be arrested if you are with someone who commits a crime. It all depends on the crime and the circumstances. We are not talking about your guilt or innocence, or right from wrong. We are talking about how not to get arrested in the first place, thereby avoiding fees to attorneys, bail bond agents, loss of time on your job, or even loss of your job.
DRIVING
Do not drink and drive! Know what driving offenses in your state or community can get you arrested. Reckless driving or second convictions of other violations could get you arrested. Avoid drunk driving or anything else that can get your vehicle impounded. Police officers may legally “inventory” and make a list of all property in the vehicle. You can be charged with any contraband found.
  WEAPONS
Know the laws of your state concerning weapons. Register weapons if it is required in your city or state. Know what the laws are concerning the carrying of weapons on your person or in your vehicle. Know what constitutes a weapon in your state. Brass knuckles, nunchakus, Kung-Fu stars, chains, clubs, or anything adapted to be used as a club, and long knives may be illegal to carry. Firearms or other weapons lying about inside your vehicle, or your friend’s vehicle, can get you arrested in many jurisdictions. It may not matter if it is not your weapon. If it is within your reach you may be subject to arrest. A weapons offense may be a misdemeanor in one part of own and a felony a block away! Carrying weapons where alcoholic beverages are sold or served, on school grounds, or other locations may constitute a more serious charge.
DRUGS
Keep your prescription drugs in the proper, labeled container. Do not dump all your different prescription drugs in one container. If you give a police officer a chance to notice such a package, you are asking for a very long delay in your schedule while things are checked out. Next to traffic accidents, drugs in vehicles get more passengers in trouble than just about anything. Example: its midnight and you are riding as a passenger your friend’s car. He is stopped by the police for speeding. He reaches into the center console where he keeps his license. The officer shines his flashlight on the console to see what your friend is reaching for, since this is not a normal location for a driver’s license. The officer observes a baggy of what turns out to be an illegal drug next to the console. Your friend forgot it was there, and you never saw it.  It is closer to you than it is to your friend. Your good friend says “that’s not mine, officer”. Where does that leave you? The outcome of this case is not the subject of this report. The purpose of this report is to prevent this scenario from occurring. Know your friends! Check out vehicles that you borrow.
WARRANTS
If you receive a ticket or are arrested and found guilty, pay all fines and associated costs on time. If this is not possible, ask for an extension. A warrant will be issued for your arrest if you do not take care of traffic tickets on time, or in the case of convictions, if you do not pay assessed fines. If you are arrested and use the services of a bonding company or an attorney, follow their instructions while you are waiting for your case to be disposed of. You may be required to report weekly, prohibited from leaving town, etc. during this time period. If you violate these rules, the attorney or bonding company can cancel your bond and a warrant for your re-arrest will be issued. Arrests on warrants can come at the most embarrassing times, such as at work, school, on a date, etc. And on top of all that, the bonding company or attorney is not going to give your money back and you will have to go through the whole ordeal again. Once you are charged with an infraction or a crime, follow through with it in the proper manner. Never ignore these things. They will not ever go away, and they will always get worse.
DRINKING
The police do not like dealing with sloppy, boisterous drunks any more than most people do.  If you get yourself in this condition in a public place you are asking for trouble. If you get drunk in public, DON’T get involved in a disturbance. The drunk tank is the universal solution to disturbances involving drunks. If you are the type that gets drunk and rowdy, take a designated driver/caretaker along with you. Someone who will promise the police that they will take you home and lock you up for the night. This does not always work, but it is worth a try.
RESISTING ARREST
Follow the officer’s commands. Do not ever push, shove, or hit a police officer! The police do not feel they should be hit for doing their job any more than the store clerk, doctor, or fireman. This will always get you a ride downtown. Remember; help arrives quickly to these events. If you have a problem with an officer, pursue it through the proper channels. Police administrators do not want a problem officer around any more than you do. Do not resist arrest. Demand to know why you are being arrested if you have not been told or do not understand. Resisting does not help your case whether you are innocent or guilty of the original charge. You will only be adding another charge which means more money out of your pocket and into the bondsman’s.
About Us
The Law Offices of Norman Gregory Fernandez is a premier California Personal Injury Law Firm.
We have handled Personal Injury cases throughout the great State of California for over 23 years. We have meeting locations all over California including Southern California, Central California, and Northern California.
Our law firm handles Personal Injury cases including but not limited to: automobile accidents, car accidents, motorcycle accidents, truck accidents, bus accidents, train accidents, passenger accidents, and other types of motor vehicle accidents, slip and fall, trip and fall, premises liability cases, assault and battery cases, medical malpractice, traumatic brain injury, and other types of cases where you may have been injured physically, and/or emotionally, due to the intentional actions or negligence of another.
We also handle other types of legal matters. For information on other types of legal matters which we handle click here now to go to our main web site.
We provide representation to injured persons, and/or persons who are defending a personal-injury or other type of civil matter.
Our firm prides itself on providing our clients competent legal representation. We are experts.
Our firm has the knowledge, the resources, and the competence to handle your personal injury matter. We strive for excellence in the representation of our clients.
We accept most types of personal injury cases on a contingency basis, which means that you do not have to pay any money out of your pocket unless we recover a settlement or judgment for you on in these types of cases.
We can arrange for you to receive the medical treatment you need in your personal injury case, even if you do not have medical insurance!
No matter where you are in California, or in the nation, you can sign up with our law firm electronically via smart phone, tablet, or computer.
Gone are the days that you have to spend gas, time, and parking money, to walk into a law firm to sign up, or wait for a signup person to come to you to sign you up. We will email you all the signup documents you need to sign up with us. You will be able to sign up simply by tapping the screen on your smart phone, tablet, or computer. You will not have to send us any forms back by email, fax, or mail. It is all done electronically.
As far as we know we are amongst the first law firms to allow you to sign up with us electronically.
We also provide all our clients access to our Client Portal. You will receive a link so that you can create an account on our system. You will be able to update your information, send and receive secure messages from us, upload and download documents and more. We are one of the few law firms in the nation that provides this feature to our clients.
Of course, you can still sign up the old fashion way if you have no smart phone, tablet, or computer.
If you need help you may call us 24 hours a day at (800) 816-1529 extension 1. We can provide a free consultation over the phone for many types of legal matters.
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stormlaw · 5 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/written-discovery-what-to-do/
How to answer written discovery that was propounded on you.
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We have just posted information for our clients on how to answer Written Discovery that has been propounded on them by the other party in their litigation case. You can access the instructions by clicking here now. You may also contact us at 800-816-1529 and we can email you the PDF handout or place it in your client portal to download. We can also provide you a word file that is a template for you to type your responses to written discovery and send it to us so that we can prepare your final responses.
We have done litigation in California going on 24 years. We believe in making this process as easy and painless as possible for our clients. If you have any questions, give us a call at 800-816-1529.
Law Office of Norman Gregory Fernandez www.thepersonalinjury.com
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stormlaw · 5 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/message-hope-coronavirus-pandemic/
A Message of Hope during the Coronavirus Pandemic by Norman Gregory Fernandez, Esq.
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We as human beings are in an uncertain time. The Covid -19 virus has caused a pandemic which has spread across the globe, and the United States.
None of us in our lifetimes have experienced anything like this before. Many of us are self-isolating, hunkered down in our homes. Many of us are performing essential jobs and functions to keep society going. Many of us have become sick, some have died, and many of us have suffered great loss.
Many of you have lost your jobs and are worried about the future.
We as human beings, and Americans, will persevere. In trying times like this, Americans have always pulled together and worked with each other, for the common good of our people.
It may not seem like it right now, but a vaccine will eventually be available, a treatment for the Covid 19 virus will eventually become available, and this pandemic as other pandemics in the past have done, will pass.
We will eventually return back to normal, and we will be able to go on with our lives. We will always be forever changed by this pandemic, but above all we as a people will improvise, overcome, and adapt. We as human beings, and Americans, will get through this together like we always do.
My name is Attorney Norman Gregory Fernandez, and I wish you all well during these trying times, and I look forward to the day we all return back to a better life.
4/23/2020
Norman Gregory Fernandez, Esq., 800-816-1529, www.callnorman.com
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stormlaw · 5 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/to-all-clients-regaring-coronavirus-pandemic/
To all clients of The Law Office of Norman Gregory Fernandez.
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As you know a state of emergency has been declared as a result of the Novel Coronavirus pandemic which is presently spreading around the world.
We are anticipating that California state courts and Federal Courts, may limit access, continue cases (postpone), or take other actions, but as of now only the Federal Courts have limited access, but we do not know of them continuing any cases.
Some of you have informed us that you do not want to travel or present for depositions, court hearings, independent medical examinations, etc. because you are in the high risk group, or you want to socially isolate due to the current pandemic.
We will do everything we can to protect your interests during this time.
Our law firm is dedicated to obtaining justice for our clients and we will continue to do so during this crisis.
Our state-of-the-art computerized management system allows you to interact with us telephonically, through videoconference, through email, or secure messages via our online portal.
Our staff will communicate with you as we have always done.
Our firm will remain open and working during this time. We will continue to keep you updated as the situation develops.
As of now medical professionals are recommending that you; try to socially isolate; wash your hands frequently, for at least 20 seconds; do not place your hands to your face, mouth, nose, eyes, or ears if they have not been washed. If you cannot wash, use a hand sanitizer that has at least 60% alcohol. Wipe off frequently used items such as doorknobs, toilets, or anything that people touch with a disinfecting alcohol wipe; and do not gather in groups larger than 25 people.
Further, stay away from people who are sniffling or coughing, and keep a distance of 6-9 feet from other people if you can.
We also recommend that you start checking you, your family members, people who live with you, or people that work with you in the same office, temperature(s) at least twice a day.
If you have a high temperature, or if you’re sick, you should contact your primary doctor for advice before you present to your doctor’s office. If you have a life-threatening emergency, you should call 911.
Above all, you should not go out in public and risk infecting everyone else. Your doctor will tell you what to do. If you do not have medical insurance, you should contact any local emergency room by telephone and ask them what you should do. You can also pay for doctors’ consultations online if you do not have a primary physician or medical insurance. Simply search for online medical consultations.
If someone you live with or work with has a high temperature you should also contact a doctor for advice. If it is a worker in the same office, they should not be allowed to stay within the office and they should be instructed to seek medical advice.
Although we are not a medical office, you may call us at 800-816-1529 for a free consultation if you have any questions or concerns regarding this announcement.
We pray that you and your family and your loved ones make it through this crisis, and we will see you on the other end.
Norman Gregory Fernandez, Esq. Law Offices of Norman Gregory Fernandez www.norman-law.com
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/what-happens-if-you-have-no-insurance-in-a-california-car-accident/
What happens when you get into a car accident without insurance in California? Proposition 213; By California Car Accident lawyer Norman Gregory Fernandez
A distinctive California law disallows general damages such as pain and suffering, loss of enjoyment of life, and emotional distress, to uninsured motorists involved in traffic collisions inside the State.
It applies strictly to the driver and/or owner of the automobile and not its own passengers.  However, if a passenger is a co-owner of the vehicle, such as a husband and wife in a car, proposition 213 will apply to both co-owners, and they will be entitled to general damages.
It applies whether or not the collision was caused by the uninsured motorist.  In other words, even if you are not at fault in the accident, let’s say you got rear-ended, the law applies to you to punish you for not having insurance.
Some exceptions apply and are explained in this article.
If you did not have insurance, and you were in a motor vehicle accident, and you were not at fault you should immediately call us at the Law Office of Norman Gregory Fernandez, 800-816-1529, we may still be able to help you with your case even if you are uninsured.
Therefore, with proposition 213 in the state of California, all of those who are injured due to the negligence of a third party in the accident may not be able to collect general damages and their vehicle case, or personal injury litigation.
Quite a few years back, California voters passed Proposition 213, or Prop 213 for short.  Prop 213 states that uninsured drivers do not get to collect general damages, i.e. pain-and-suffering, loss of enjoyment of life, and emotional distress, even where the car accident isn’t their fault.
While the motorist is unable to collect general damages, this is not true of the innocent motorist’s passengers.
Regardless of the driver’s lack of liability insurance policy, the passengers of the uninsured motorist aren’t barred from recovering overall general and special damages via Prop 213.
Although the driver is barred from general damages compensation, the uninsured driver can still collect special damages which are out-of-pocket expenses such as property damage, loss of wages, payment for medical bills and expenses incurred due to accidents arising from the crash, etc.
Most car accident and personal injury attorneys will not take proposition 213 cases, because of The absence of money available to pay their contingency fee. However, Thought Law Office of Norman Gregory Fernandez will in many cases accept proposition 213 cases. Call us now at 800-816-1529.
The rationale behind the proposition 213 law is straightforward.  People who do not protect others from their own negligent actions should not be allowed general damages.  It is a punishment for Drivers Who Dr. uninsured, pure and simple.
Whether California’s proposition 213 encourages individuals to carry insurance or not is a good question.  I suggest that many uninsured motorists within California are completely unaware that their lack of coverage precludes them from recovering general damages even where they aren’t responsible.
A lot of people call my law firm and are upset to learn of the California proposition 213 law and feel it isn’t just.
Just or unjust, the legislation exists and precludes general damages, i.e. pain and suffering, etc., to drivers without proper liability insurance policy for their own negligent actions on the roadways. Proposition 213 applies to all vehicles on California roads, including but not limited to trucks, buses and motorcycles as well.
One exception to by California proposition 213 preclusion of obtaining general damages for uninsured motorist, is cases where the driver that causes the car crash and subsequent injuries is drunk and decided to be DUI.  This includes driving while under the influence of drugs other than alcohol as well.
This preclusion for negligent parties who are driving on to the influence will cause Prop 213 to not apply to the uninsured motorist, where they are seeking award general damages, including pain and distress in a California car accident/personal injury case resulting from a car accident on the roads of California.
The reasoning for this is that the person who person who was under the influence, that struck them was more reckless then the uninsured motorist, and it wouldn’t be fair to punish someone for not having insurance where they’re struck by a drunk driver.
Another aspect of proposition 213, is that the Department of Motor Vehicles will suspend a person who is found to be driving without liability insurance. Uninsured motorist may also face a monetary fine.
The best way to prevent losing your driver’s license, and having to pay a fine, and being able to collect fool damages in a California motor vehicle accident case, is to ensure that you have minimum California liability insurance.
There are special programs available in California for persons who do not have a lot of money, there are discount programs available.
If you have been in a car, motorcycle, truck, bus, or other type of motor vehicle accident anywhere in the state of California call Thought Law Office of Norman Gregory Fernandez immediately at 800-816-1529, we will electronically sign you up so do not have to come into our office, we will provide medical care even if you do not have medical insurance, and in most cases we accept California proposition 213 cases.
By California Car Accident attorney Norman Gregory Fernandez, Esq., June 3, 2019
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/property-damage-proportional-personal-injury-settlement-judgment/
The amount of property damage will affect the amount of a California personal injury settlement or judgment in most cases, but not all cases. By California Car Accident Attorney Norman Gregory Fernandez
In a California personal injury case, property damage is the destruction or damage to property, other than the human body.
Property damage usually occurs in vehicle accidents such as car, truck, motorcycle, RV, train, airplane, and other moving vehicles. Property damage rarely occurs in premises liability personal injury cases, and other types of personal injury cases, but it still could occur.
Damage to property in a California personal injury case may be accidental, or deliberately caused, and usually, property damage is settled separately in prelitigation, from bodily injury claims.
For instance, if you have a car accident, and you are not they had fault party, and you have Collision and comprehensive insurance on your car, your own car accident insurer may resolve the property damage claim weeks, or even years for a bodily injury claim is settled.
Your insurance company may then do a subrogation claim against the defendant (at fault parties) insurance company. Your insurance company may also obtain and refund the deductible you pay to your insurance company, as a result of them taking care of the property damage.
The party who is not at fault also has the option of going directly after the person who is at fault insurance, this is called a third-party claim.
For the most part, although property damage is usually settled separately from bodily injury claims, the nature and extent of property damage is usually directly proportional to a settlement offer and judgment you will obtain in your bodily injury portion of your California personal injury case.
For instance, if your car is crushed, and a total loss, which means it either cannot be repaired, or the repair costs exceed the fair market value of the vehicle, it is more likely that individuals within that type of vehicle would sustain more of a serious personal injury, that a person who is in a car that was just scratched or slightly damaged.
However, an expert car accident lawyer such as The Law Office of Norman Gregory Fernandez, 800-816-1529, has the expertise and knowledge to maximize damages even where there is a slight amount of property damage.
In the age of Google, there are a lot of people who think they can become a car accident experts simply by googling things, but I can assure you that the insurance company and their army of attorneys and adjusters, will minimize your payout every time if you do not have an attorney, or you do not have the right attorney.
I have used experts to show that even in a minor collision, a tremendous amount of pressure per square inch is applied to the back of the head when it hits the headrest in a slow speed rear end collision that might not result in much or any property damage.
So although, for the most part, insurance companies, and even jurors at trial may on its face equate the amount of property damage in a vehicle accident, to be expected bodily injury to injured parties, the fact is a good attorney can show that major injuries can occur even where there is minimal property damage.
The key is hiring the right car accident lawyer. The Law Office of Norman Gregory Fernandez is an expert car accident lawyer with almost 22 years’ experience, who handles the entire state of California. He knows how to get maximum damages in every type of vehicle case.
There are other issues related to property damage and any type of settlement offer or judgment, i.e., rental car, loss of use of the vehicle, add-ons and special features, the year make and model of the vehicle, the mileage on the vehicle, the geographic location of the vehicle, etc.
The insurance company will look at comparable vehicles that are similar to yours to determine what the fair market value of the vehicle is in your area.
As stated above, property damage from the case is usually settled well in advance of any bodily injury type of claim, but sometimes some of the issues related to property damage are not settled separately. In these instances, they are either made as a rollover to the bodily injury claim, or they are litigated in court.
Four inexperienced people trying to handle a complex personal injury case on their own, another problem that arises, is that insurance companies know that they have an inexperienced layperson on the other end of the phone when they are not talking to an attorney, and sometimes get injured individuals to settle their entire case including property damage and bodily injury, for either just the cost of getting the car repaired, or getting the car repaired, plus a few hundred dollars to pyre you off.
Even worse, third-party insurance companies may choose non-OEM aftermarket parts to repair your car, which hold to mentally diminish the value of the car.
Whatever you do, do not sign any release without consulting with an expert car accident lawyer like The Law Office of Norman Gregory Fernandez, 800-816-1529.
There are many more damages that you are entitled to besides just property damage, but like we have explained, for the most part property damage is directly proportional to how much you were receiving your bodily injury claim in most circumstances unless you have an expert car accident lawyer.
If you have been in a car accident anywhere in California including Northern California, central California, or Southern California, and you have been in a car accident, get medical attention immediately at an emergency room if you’re injured, and then have you or a family member contact us at The Law Office of Norman Gregory Fernandez at 800-816-1529.
If you are not at fault and we believe you have a good case, we will sign you up no money in your pocket unless we recover for you, and we will report the accident to your insurance company and the defendants insurance company and take care of all the legal aspects of your case. All you have to do is get better.
By California Car Accident Lawyer Norman Gregory Fernandez, Esq., May 24, 2019
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/big-rig-truck-accidents-los-angeles-california-truck-accident-lawyer-norman-gregory-fernandez/
Big Rig Truck Accidents in Los Angeles, California, by California Truck Accident Lawyer Norman Gregory Fernandez, Esq.
Trucks are a vital part of the American economy, especially in Los Angeles, California which has the busiest port in the nation — but on the street, they may be deadly.
As a result of lax federal regulations and manufacturers that put profit first, private trucks like big rig trucks, bobtail trucks, and pickups are not held to the same stringent safety standards as passenger cars, even though they’re frequently employed for commercial purposes to transport freight all over the nation.
Large industrial trucks like tractor-trailers, big rigs, or eighteen-wheelers weigh around 20 times up to a passenger car, virtually guaranteeing they’ll crush smaller vehicles in a crash.  Furthermore, due to the size of these behemoth trucks, they do not have the range of vision that people in cars usually have, therefore they often switch lanes, or do other dangerous things on the road because they cannot flat-out see as well as people in cars can.
Worse, some truckers and trucking companies, in a bid to maximize profits and gains, make their own deadlines and ignore safety regulations meant to keep the public at large safe.
Victims of automobile accidents — people in or outside the truck — are likely to be killed or sustain catastrophic injuries such as brain damage, spinal injuries, amputations and other serious injuries.
Commercial truck drivers are professionals with special training and special safety regulations governing when and how they may drive.  Truckers and trucking companies regularly ignore those laws so as to satisfy strict delivery deadlines.
Sometimes, that contributes to truckers piloting ten-ton vehicles with very little sleep or ingesting amphetamines, caffeine, and other drugs to stay awake.  Sometimes, trucking companies fail to maintain wheels, tires, lights and other equipment like they are supposed to, placing their own drivers and everyone around them at risk of a serious truck accident.
A few unscrupulous trucking firms knowingly hire cheap but unqualified big rig truck drivers who never earned a commercial driver’s license in the first place, taking the chance that they will no be pulled over by law enforcement.
Federal statistics show that large trucks like big rigs and 18-wheelers — comprise only three percent of those vehicles on our roads but yet are involved in 12 percent of all traffic fatalities.
Smaller and individual trucks share a number of the same risks as big rig trucks.  They may not weigh 80,000 pounds like big rig trucks, but they’re still taller and heavier than many of the passenger cars on the street, giving them the capability to crush smaller automobiles within an automobile incident.
Statistics demonstrate that pickups along with other private trucks are also more than two times as likely as passenger cars to have a fatal rollover incident.  Recent-model pickups have seen a slew of recalls and product flaws that could put their occupants of SUVs and pickup trucks at grave threat, such as defective tires, door springs which do not work and improperly secured seat belts.
The Los Angeles personal injury attorney staff at The Law Office of Norman Gregory Fernandez has a strong record of success in cases involving big rig truck, smaller truck, car and automobile accidents.  Our wins comprise all types of vehicle accident cases. We’ve got the experience, skills and resources to handle Los Angeles Truck accident cases which are sometimes complicated, lengthy cases.
In our experience big rig truck companies and their insurance companies tend to want to fight and litigate more than ordinary automobile insurance companies because the truck drivers if found to be at fault could potentially lose their commercial license. Therefore, truck drivers tend to never tell the truth when it comes to who is at fault in the accident.
Our Los Angeles truck accident attorneys are experts at obtaining results in Los Angeles Truck accident cases, and Truck Accident Cases all over California. For a free consultation call 800-816-1529.
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/i-was-injured-in-an-uber-or-lyft-in-california/
I Was Injured While Riding within an Uber or Lyft Vehicle in California; what are my legal rights? By California personal injury attorney Norman Gregory Fernandez, Esq.
If you get hurt on a trip as an Uber or Lyft ride share passenger anywhere in California, then your injuries will probably be covered by insurance, but whose policy applies – the at-fault motorist’s, or the ride share company’s?
The huge Expansion of ride sharing companies such as Uber and Lyft in California, means new fiscal and professional opportunities for a lot of men and women you can now earn money operating as drivers for Uber or Lyft.
It also means an increase in issues not previously considered in regard to transportation car accidents related to passengers.
Prior to the rise of the ride sharing economy, in the event that you needed a ride in California, you either hired a taxi or other paid transport service, or you had a friend or relative drive you.  Now, ride sharing companies including Uber and Lyft have blurred the lines somewhat.
So, if you get hurt as a passenger in an Uber or Lyft-affiliated vehicle that is involved in an automobile incident, or even by the driver outside of an accident, how will you receive compensation for your injuries and other damages?
Generally speaking, financial responsibility could come from the insurance provider of the at-fault motorist — whether it is the ride sharing firm’s driver or another driver involved in the accident who caused the crash — or from Uber or even Lyft’s own car insurance policy coverage.
The Law Office of Norman Gregory Fernandez has had experience doing with Uber and Lyft accidents, and situations where passengers and assaulted by Uber and Lyft drivers, all over the state of California. If you have been involved in a car accident while riding in signing an Uber or Lyft car, or have been assaulted by Uber or Lyft driver, call us 7 days a week 24 hours a day for free consultation at 800-816-1529.
Whose Insurance Applies?
The ride sharing motorist’s car insurance coverage will Apply to your passenger injuries, if the driver has a commercial insurance policy or a personal auto insurance policy with a special provision providing insurance policy while participated as a journey sharing motorist.  But note that many ride sharing drivers likely will not have a commercial or private car insurance plan that can cover your injuries.  And their personal vehicle insurance plan will probably have a “business use exception” that won’t cover damages and accidents that happen while the insured is acting as a for-profit motorist.  Uber and Lyft each require their drivers to have a minimum amount of liability insurance, and they required to get it from a specific insurance company. If you’re using another ride sharing service other than Uber or Lyft, they may not have liability insurance to cover you if you are a paying passenger. Always check with the company to make sure they have insurance, before you get into the car.
So, what about the journey sharing company’s insurance?  The good news is That Uber and Lyft take third party liability insurance coverage which pays up to $1 million for personal injuries and property damage per accident.  These policies will often only kick in after the journey sharing driver’s own insurance has been exhausted, presuming the driver possesses an applicable policy.  But as a passenger, you are covered under this type of liability policy, once the ride sharing driver is to blame for your crash.
So, what happens if the ride sharing driver is not at fault for the Accident, but somebody else is?  In this situation, you’d try to get compensated by the at-fault motorist, via a third-party auto insurance claim against the at-fault motorist’s car insurance provider, by hiring a law firm such as The Law Office of Norman Gregory Fernandez, 800-816-1529, who will attempt to settle the case without filing a lawsuit but who will file a personal injury lawsuit on your behalf if necessary..
However, how do things work if the at-fault driver does not have car insurance or the insurance that they have is not sufficient to fully compensate you for your losses?
This brings up a second route of recovery by the Fernandez firm on your behalf in California, the journey sharing firm’s uninsured/underinsured (UM/UIM) Insurance policy.  This policy also typically offers $1 million in coverage per accident, but keep in mind that it will only apply if the liable driver is does not have car insurance or doesn’t have enough car insurance to cover your injuries.
It is extremely important to you to hire a firm such as The Law Office of Norman Gregory Fernandez, a California Uber and Lyft car crash expert law firm, to ensure your legal rights are protected.
If these insurance coverages are inadequate to fully compensate you, or the insurance companies refuse to pay out, the Fernandez firm will attempt going after the journey sharing company itself.
Filing a Lawsuit Against Uber or Lyft Directly in California
In accordance with Uber and Lyft, their drivers are not employees, but rather, Independent contractors.  (A new bill has been introduced this week in the state of California, to designate Uber and Lyft drivers as independent contractors) This is a significant distinction because Uber and Lyft would be precariously liable under California law for the actions of their employees, whereas Uber and Lyft by claiming their drivers are independent contractors, could try to claim that they are not liable in the accident either way, because the independent contractor is a franchisee, and Uber and Lyft do not control day-to-day operation of the vehicle. Further, employees get other benefits — like the right to unemployment benefits — and a provider is very likely to be legally accountable for the negligence of its workers, but May not if they are independent contractors as stated above.
If the ride sharing driver is responsible for the accident in California, you can try To argue that the ride sharing company shares some amount of blame for the crash, but this is going to be a tricky argument to make since Uber and Lyft have worked really hard to keep the currently-accepted legal standard that Uber and Lyft drivers are independent contractors, not employees.
As a layperson, you not only have no clue in a regular car accident, what your damages are and how to go about getting maximum compensation. We can assure you that almost every circumstance where there is an Uber or Lyft accident in California, an expert attorney such as the Law Office of Norman Gregory Fernandez, 800-816-1529, will get you significantly more compensation than you would get on your own.
In most cases a person without an attorney trying to get a recovery from Lyft or Uber will either get nothing, or a very small settlement compared to having an experienced California car accident firm like the Fernandez firm behind them.
Remember that, since a recovery against Uber or Lyft’s insurance Policy is probably an option for you — through the company’s $1 Million liability policy, or via its $1 million UIM policy — if you’re Injured in a ride sharing automobile, moving against the business directly is likely A final (and hopefully unnecessary) resort. Either way you do not want to do this on your own in California without an attorney.
To talk with the Uber and Lyft car accident experts at the Law Office of Norman Gregory Fernandez 7 days a week 24 hours a day for your Uber or Lyft car accident, or other type of case, call our personal injury hotline at 800-816-1529 extension 1.
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/do-not-represent-yourself-car-motorcycle-accident/
Why You Should Not Represent Yourself in Your Los Angeles California Car or Motorcycle Accident Case, by Norman Gregory Fernandez, Esq.
The Development of the internet and Google has Made everybody an expert on everything.
With just a few strokes of your fingers, it’s possible to ask Google anything you want, and you will be presented with a bounty of answers.
Need to know why your car is making a weird grinding sound?  Google it.  Then Google how to repair it.
Can’t appear to eliminate your sore throat? Google some home remedies to knock it out.
With each passing year, people seem to Think less and less of specialists because we could just Google everything they know, right?
However, There Are Particular instances and Certain matters where we ought to ditch Google and trust the specialist.
When it’s 1 AM and there’s what Seems to be a geyser in your living room, are you going to hop on Google or phone a Licensed plumber?
Should you break your arm and need Surgery, are you going to place your bones back into position, or are you going to let a surgeon take action?
Once You’re involved in a Los Angeles Car or Motorcycle accident, are you going to examine the legislation, statutes and case law, or are you going to hire an attorney.
Admittedly, representing yourself in court Is a little more tempting than performing arm surgery on yourself.
But Personal injury Law is a Highly complex area of the law.  It’s not Something Which You can Google on A Saturday and be an expert on by Sunday.
It requires a high degree of instruction and Training to comprehend the inner workings of this area of law.
When You Have recently had a car or Motorcycle accident in Los Angeles California, and you’re thinking about representing yourself, here are a few reasons why you should not.
You Don’t Understand How to Collect Evidence
The evidence you need to prove your case Depends on how your accident happened.
Were there witnesses?  Are There security cameras nearby?  These are only two of the many questions that have to be answered when amassing evidence.
Oftentimes, simply producing documents That show you were hurt is not going to be enough to prove that another driver was negligent.
It takes a lot more than that. You Can Easily Miss A Deadline All personal injury claims have to be filed Within the statute of limitations, which differ from state to state.  In Los Angeles, California the ordinary statute of limitations for a car or motorcycle accident is 2 years from the date of the accident.
Seems simple, but there are a Whole Lot of Exceptions to this depending on your accident.
You might think you’re well inside the Statute of limitations, but because of where or how or why your injury happened, you might have missed it.
There will also be more deadlines to Meet even after filing your car or motorcycle lawsuit with the court.
Knowing and meeting All These deadlines Should be left to the experts.
You Do Not Have the Knowledge The law is complicated.  That can’t be Stressed enough.
Even the most experienced attorneys will come Across things they must research.
Navigating a court case Is daunting, even for its most open and shut cases.
Just because you’re able to represent Yourself doesn’t mean you should, and it certainly doesn’t mean that you can do it competently.
There are things in life that you shouldn’t Attempt to do on your own, attempting to practice law on your own Los Angeles car or motorcycle case is not one of them, unless you do not care about your case.
It requires years of formal schooling to learn the law, and the best lawyers never quit learning.
If you want a favorable outcome for your Car or Motorcycle personal injury case, you need an experienced lawyer to recommend for you in court.
You Do Not Have A Team Behind You
Most personal injury law firms have an Experienced group of investigators at their disposal.  They Are Ready to dive into the most Benign details of your situation that may have a significant impact.
The lawyers representing the suspect will Be ready to do so too.
When you try to represent yourself, you’re Putting yourself at an immediate disadvantage.
There’s strength in numbers regardless of how Smart you may be.
You Do Not Know How to Calculate Damages
When you go into the court and present Your damages into the court, you do not want to sound like Dr. Evil and give them a ridiculous number.
To ask for what you deserve, you Want to Know the damages you are eligible for and also a reasonable dollar amount to assign to the damages.
And that calculator you found on Google Is not nearly as reliable as an experienced lawyer is going to be.
A personal injury attorney who deals with These types of cases on a daily basis will be sure you get every dollar you deserve.
Negotiating Takes Practice and Experience
More often than not, personal injury cases Are settled out of court in negotiations with the at-fault party and their insurance provider.
To negotiate properly, you are going to have to do a lot more than a quick Google search to prepare yourself.  Negotiating is an art form.
Before you have a chance at negotiating Gradually, you need a firm understanding of many things, such as:
Your odds of winning if you go to trial
the worth of past resolutions much like yours
The quantity of insurance policy or financial assets the suspect has
Leave It to The Pros
Just because you can do something doesn’t Mean you should.
Sure, you can try to negotiate with the Insurance companies. And sure, you can represent yourself in court.
You could also cut your hair and self-Diagnose ailments with WebMD, but we wouldn’t recommend doing that.
Lawyers have years of formal schooling, and Even after they graduate, they’re always learning every day that they’re at work.
There’s no way you can equip to go Contrary to a team of lawyers that have decades of experience one of them.
If you’ve recently been Hurt in a Car or Motorcycle injury in Los Angeles California, you should contact an Experienced Automobile or Motorcycle accident lawyer straight away.
We at The Law Office of Norman Gregory Fernandez are car and motorcycle accident expert attorneys. We will tell you over the phone what we think about your case, and how you should proceed. For a free consultation call 7 days a week, 24 hours a day, 800-816-1529.
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/why-medical-treatment-is-so-important-in-your-california-personal-injury-case-by-california-personal-injury-attorney-norman-gregory-fernandez/
Why medical treatment is so important in your California personal injury case, by California personal injury attorney Norman Gregory Fernandez.
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As indicated in the word Personal Injury, a personal injury necessitates an actual injury. As we all know some injuries can be as small as a bruise, or a minor cut, or even emotional distress. However, some injuries can be catastrophic. Most injuries fall in between minor and catastrophic in the personal injury context.
Often times many people who suffer a personal injury due to the negligence of the 3rd party, decide that they will wait to see if they get better on their own. Sometimes, due to medical insurance concerns, or money, persons who sustained an injury due to the negligence of the third-party, do not go to the doctor at all.
In the situation where your injury was caused by the negligence of the third-party, you are entitled to compensation in the state of California. Generally speaking, the nature and extent of your injuries, and your medical bills, are directly proportional to how much money you will most likely get in your California personal injury case.
For people who decide to “wait it out,” or not get medical treatment because of financial or insurance concerns, they are actually sabotaging their California personal injury case. You see insurance companies, and defense attorneys, and California juries, will use the fact that you failed to get medical treatment against you.
It is generally assumed by most reasonable people, that a person who is injured, will seek out medical treatment. Even if you do not have medical insurance, in California, emergency rooms must provide treatment to stabilize you. Legally speaking, the failure to treat is used against you in your California personal injury case.
Furthermore, there is a general legal principle that all people who are injured in a personal injury case, have a duty to mitigate damages. What this means is, let’s say in the worst possible scenario, if you have a broken arm, and you decide not to get medical treatment to treat the broken arm, the defendant, or the person who was responsible for your injuries, is not responsible, from the time you failed to mitigate damages.
Now in the example above, the defendant is still responsible for your injury, but their liability is cut off at the point you decide to not treat. They are not held responsible for all the suffering you go through, or any loss of wages or out-of-pocket expenses, at the point you unreasonably refused to treat.
Therefore, if you’re injured in California due to the negligence of the third-party, you should immediately seek medical treatment as soon as you can. If paramedics arrive at the scene of an accident whether it be a car accident, motorcycle accident, or other motor vehicle accident, let them transport you to the trauma center or emergency room, to ensure that you have no major injuries.
Having a competent California personal injury attorney is the key to getting a good recovery in a California personal injury case. I have been a California personal injury lawyer for almost 22 years now as of the time of the writing of this article.
My law firm will assist you every step of the way in maximizing your California personal injury case. We can get you medical treatment even if you do not have medical insurance. Do not be that person who after being injured due to the negligence of the third-party, decides, to wait it out to see if they will get better, or does not treat because they are afraid of the cost, or the co-pay.
Call us 7 days a week 24 hours a day for free consultation at 800-816-1529, extension 1.
By California personal injury lawyer, Norman Gregory Fernandez, Esq., May 1, 2019
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stormlaw · 6 years ago
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New Post has been published on Law Offices of Norman Gregory Fernandez
New Post has been published on https://norman-law.com/los-angeles-car-accident-los-angeles-car-accident-lawyer-tells-know/
Your Los Angeles Car Accident: A Los Angeles Car Accident Lawyer tells you what you should know.
You’re driving the 110 in traffic that is moving along well for a mid-afternoon, suddenly you hear Music blaring from the car behind for you.  You look in your rearview mirror and find a man driving a Honda eating a hamburger and checking himself out in the rear-view mirror.
As traffic picks up, you begin to pick up speed, but need to slow fast since the SUV ahead of you screeches to a halt.  That is when it happens: Honda Guy SLAMS in to you from behind, your seatbelt fails to stay locked, and you hit your head hard on the windshield, seeing sparkles in your eyes from the impact.  The force carries your car ahead, and it nails the Jeep in front of you.  This is a classic California trifecta or 3-way car accident that is not your fault.
In a city of nearly four million individuals and a county with nine million, where the car is the main way of transportation, accidents happen all the time.  Legislation and procedures for car accidents vary from state to state and from city to city.  If you have been involved in a Los Angeles Car Accident, this helpful article will answer some of your basic questions regarding what to do after an automobile crash in Los Angeles.
What are your first steps after you are in a Los Angeles Car Accident
If you’re involved in a car crash in L.A., you need to always Stop to check if anyone has been hurt in the crash.  California law states that if you are involved in an accident, even when nobody was hurt or killed, you should instantly stop at the scene, and exchange info. In California we do not have the rescue doctrine so you have no duty to provide reasonable aid to anyone injured, as a matter of fact, if you do undertake to give aid and you  do it negligently, you could be sued for negligence. If you are on the freeway you should report that the car accident  to the California Highway Patrol, or the Los Angeles Police or Los Angeles County Sheriffs depending on where the accident was, at the time of the accident, or within 24 hours if they do not come to the scene.
Though not always required by law, there are other steps You ought to take following a car accident in order to ensure your safety and the protection of the others and preserve evidence which may be important down the road.
Obligation in A Los Angeles Car Accident
As from the Honda Guy hypothetical above, most automobile accidents Occur because of the negligence of a driver.  Negligence happens when someone who has a responsibility to act with reasonable care neglects to do this and causes injury to another individual.  A negligent individual must pay for the injury he or she causes to another person to the extent that he or she is liable for the individual’s losses.  California including Los Angeles, apportions fault based on who has what percentage of fault in a case.
California utilizes a system of pure comparative negligence to determine liability in negligence actions.  Under this method, each individual who is responsible for an injury or accident is liable for their portion of the fault.
By way of instance, if Bill runs a red light and hits Kathy as she is changing lanes without using her blinker, a court may find that Bill is currently 80 percent at fault and Kathy is 20 percent at fault.  Bill will be responsible for 80 percent of Kathy’s losses resulting from the car
accident, including any expenses against injuries or property damage that occurred due to the crash.  Conversely, Kathy is going to be liable for 20 percent of some of Bill’s losses caused by the accident.
Proving Fault
Because fault for car accidents in Los Angeles and California is based on the Law of negligence, someone who fails to use ordinary care when driving could be found to be responsible for a crash.  This may include but not be limited to ignoring traffic laws and signs, inattentive driving, driving under the influence of drugs or alcohol, and even failure to properly maintain a vehicle.
Occasionally proving fault for an accident is Easy, while other times it’s more complicated.  Whether it’s an insurance claims adjuster or a judge, the person judging fault for an injury will use the evidence available for him or her to make the decision.  Evidence could consist of statements from witnesses, police reports, pictures of the scene and damage to vehicles, medical records and more.
In California a police report is not admissible in court for any purpose.
Your Los Angeles Car Accident Case
If you have had a car accident in Los Angeles call the car accident experts at The Law Office of Norman Gregory Fernandez for a free consultation on your case 7 days a week, 24 hours a day. We will tell you what we think, and we can sign you up immediately electronically for us to handle your case. No recovery, no fee.
People who register their cars in California are required to have auto insurance, so if You’re in an auto crash in L.A., it is likely that you’ll be dealing with an insurer.  We recommend that you always get a Los Angeles car accident lawyer before talking to any insurance company. Once you start an auto insurance claim with the appropriate insurance company, a claims adjuster may determine fault in the crash.  If someone admitted fault to the insurance provider, the claims adjuster will take that in to consideration when determining fault.
The Insurance Provider will then either deny your claim offer A settlement based on the insurance policy and the fault of the parties involved.
If you are dissatisfied with how in which the insurer has managed your claim, you are not alone, this is why car accident lawyers exist. If it was easy to handle these types of cases without a Los Angeles car accident lawyer, the lawyers would not exist. If it is a first party claim against your own insurance you may consider filing a complaint with the California Department of Insurance, but in any case, you should consult with a car accident attorney.
If you’ve tried to settle a dispute over your losses together with the Individual responsible or with an insurance company, and you believe it’s time to file a lawsuit, it might be a good idea to meet with a Los Angeles Car Accident lawyer like The Law Office of Norman Gregory Fernandez about your situation.
Get Legal Help with Your Car Accident in Los Angeles
Getting into a fender bender on the 110 or anywhere else can be A huge hassle.  Though you might attempt to settle it yourself, that is a huge mistake, and that doesn’t always work out.  In almost every instance an attorney will get you more money than you can get on your own.
Your very best choice is to find out more about your rights and ability to collect compensation from the party at fault.  A fantastic first step in this process is to talk with a skilled Los Angeles Car Accident Lawyer in California like The Law Office of Norman Gregory Fernandez.
For a free consultation in your Los Angeles Car Accident Case, call the specialists at 800-816-1529 7 days a week, 24 hours per day to get a Free consultation.
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/state-bar-warning-paradise-fire-victims-predatory-attorneys/
The State Bar is warning Paradise Fire Victims about Predatory Attorneys
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State Bar warns victims of Paradise Fire of predatory Attorneys. Any attorney or their representatives soliciting for clients, at the scene are violating the law. Further, results cannot be guaranteed. If you have any questions call us at 800-816-1529 for a free consultation.
https://www.sacbee.com/news/state/california/fires/article221718665.html
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/paradise-california-fire-lawyer-handle-losses-related-paradise-fire/
Paradise, California Fire Lawyer to handle your losses Related to the Paradise Fire
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House burning in Paradise California
November 19, 2018, For Immediate Release. The Law office of Norman Gregory Fernandez, a California law firm, will immediately begin to help victims of the Paradise Fire Disaster that has ravaged Paradise, California, and other areas in the vicinity of Paradise, by providing expert legal assistance.
It’s been reported that PG&E, the utility which manages the local area, reported a fire because of faulty equipment before the fire broke out, and it is more likely than not that PG&E will be held responsible for starting the fire.
What this means to you is that you and your family may be able to file a third-party claim for damages against PG&E, for all damages proximately caused by the fire.
You and your family may qualify for substantial damages because of the fire. If a loved one was injured or killed in the fire, you may be entitled to substantial damages for personal injury and wrongful death.
We at the law offices of Norman Gregory Fernandez know that many of you are homeless now, are staying in temporary shelter, and/or otherwise displaced.
You’ll have the ability to sign-up with us through any mobile phone so you do not have to come into our office or meet one of our employees.
Even if you have fire insurance for your home, you should contact us for a free consultation at 800-816-1529 for a free consultation.
We offer our prayers and condolences to the victims of this fire and are here to assist you in your time of need.
Norman Gregory Fernandez, Esq., Attorney at Law, assisting Paradise Fire Victims.
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/mustang-driver-killed-in-4-car-crash-on-north-county-freeway/
Mustang driver killed in 4-car crash on North County freeway
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ESCONDIDO, Calif. — The driver of a Ford Mustang was killed when he reportedly crashed into three distinct vehicles in a high speed on Interstate 15 in Escondido Saturday morning, an officer said.
A 25-year-old guy was behind the wheel of a 2007 Ford Mustang around 6:20 a.m., heading south on I-15 just before state Route 78 when he approached stopped traffic and sideswiped a 2018 Ford Edge in the No. 2 lane of the freeway, according to California Highway Patrol Officer Kevin Smale.
After the initial collision, the Mustang struck a Ford F-450 two-axle truck stopped in the No. 1 lane, then another Ford F-450 at the No. 2 lane.
The Mustang driver, who wasn’t wearing a seatbelt, suffered major injuries and was taken to Palomar Medical Center, where he was pronounced dead, Smale said.
Drugs and alcohol were not suspected to be factors in the crash.
Lanes of southbound I-15 were blocked in the area for about two hours after the crash while researchers and emergency personnel worked, Smale said.
If you are involved in a Car Accident in Escondido, California Call our accident injury attorneys for a free consultation at 800-816-1529.
www.thepersonalinjury.com
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/diamond-bar-resident-dies-when-he-runs-onto-15-freeway-in-fontana/
Diamond Bar man killed when he Intentionally runs onto 15 Freeway in Fontana
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A Diamond Bar resident was killed Sunday, Sept. 23, 2018, when he intentionally ran into traffic on the 15 Freeway in Fontana and was struck by two vehicles, the San Bernardino County Coroner’s Office said.
Charles Jackson III, 40, was pronounced dead at the scene.
The incident happened just before 9:30 a.m. in the southbound lanes in Sierra Avenue, the coroner said.  The California Highway Patrol is investigating.
If you have had a car accident in Fontana, California call The Law Offices Norman Gregory Fernandez for a free consultation at 800-816-1529.
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/he-crushed-that-nissan-like-a-soda-can-driver-who-killed-popular-discovery-bay-woman-goes-on-trial/
A Horrible Rear Ender Accident that Killed a Martinez, Defendant goes On Trial.
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MARTINEZ, California- Nearly one year after a favorite Discovery Bay resident was rear-ended on Highway 4 and murdered in a horrible crash, the driver is on trial facing a manslaughter charge.
Frank J. Newkirk, 26, was driving a Chevy SUV on Oct. 4, 2017, when he rear-ended a Nissan sedan containing Theresa Frazer, 46, and her friend.  Newkirk was charged with gross vehicular manslaughter and driving without a license.
On the morning she was killed, Frazer was doing exactly what family and friends said came as second nature to her: doing a favor for a loved one by driving him to work in Oakland.  The crash happened on Highway 4 westbound, a brief distance from a Railroad Avenue in Pittsburg.
Speaking to jurors Tuesday morning, prosecutor Aron DeFerrari described it as a case of “deadly recklessness.”  He said the digital trace from the car’s computer system revealed the brakes were not applied in any respect in the eight seconds leading up to the crash.”(Newkirk) crushed that Nissan like a soda can,” DeFerrari told jurors.  He later added, “She never saw it coming, and she never had an opportunity.
“Newkirk wasn’t under the influence of alcohol or drugs, and prosecutors are not sure what he was doing at the time of the collision.  Was is known — thanks to the SUV’s “black box” — is that the car had been driving 58 mph one second before the impact, which literally caused Frazer’s heart to rip open.
DeFerrari also played jurors a silent video of the crash, showing the viewpoint of a Pittsburg officer who was the first officer on the scene as he runs to the car, while passers-by attempt to help Frazer.  Her lifeless body can be found in the driver’s seat towards the conclusion of the brief video.
What DeFerrari said the movie didn’t show was “guttural, primal” screams of Frazer’s friend, who DeFerrari said was trying to wake Frazer up, though at that point she was already dead.
Newkirk’s attorney, Elise McNamara, told jurors that there was a dip in the road near the crash site that influenced visibility.  She said “everybody” would feel deep sympathy for Frazer and confessed her client was “morally responsible” for her passing.  She urged jurors to set emotions aside and look at the facts.
At the time of the crash, Newkirk was driving a girl and a young child, McNamara said. McNamara said the information gleaned from the car’s computer was proven to be “not very reliable” and that traffic had a few to a “sudden stop” that day due to an unrelated motorcycle crash.
At the time of her death, Frazer was running a household of her three children, along with a 2-year-old grandson and an elderly father who lived in a veterans nursing home in Menlo Park and waited weekly for his daughter to bring him snacks and do his laundry.  She was popular around Discovery Bay and joined a Bible study group with other members of the Church of Jesus Christ of Latter-day Saints.
Witness testimony began Tuesday afternoon.
If you have had a car accident in Martinez, California call The Law Offices of Norman Gregory Fernandez for a free consultation at 800-816-1529
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stormlaw · 7 years ago
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New Post has been published on Premier California Personal Injury Lawyers Attorneys
New Post has been published on https://thepersonalinjury.com/fatal-car-crash-san-jose-ca/
Man killed in Head-On Crash in San Jose, CA
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SAN JOSE — A man killed in a head-on collision in San Jose on Wednesday has been identified by the Santa Clara County Medical Examiner-Coroner’s Office as Manuel Aguilar Herrera, 37, of Gilroy.
The crash was reported only after 2 p.m. on McKean Road, south of Bailey Avenue.Herrera was driving a Toyota Corolla northbound on McKean Road, approaching Bailey Avenue, when he crossed the center line for an unknown reason and collided with a BMW traveling the other direction, according to San Jose police Sgt. Enrique Garcia.Herrera was pronounced dead at the scene.Garcia said the driver of the BMW was not injured, but he had been taken to a hospital as a precaution.Neither alcohol nor drugs are suspected as factors in the crash.Anyone with information about the collision can contact Detective Leanne Alfonzo at 408-277-4654.
If you are involved in a Car Accident in San Jose, California Call our accident injury attorneys for a free consultation at 800-816-1529.
www.thepersonalinjury.com
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