By Norman Gregory Fernandez, Esq. | March 12, 2010
A Valley Transit Authority bus carrying 18 passengers collided with a horse in a north Morgan Hill residential neighborhood about 7 p.m. Thursday, according to the California Highway Patrol. The horse did not immediately die, which made for a horrific scene as it flailed around for about 45 minutes until animal control officers arrived with a lethal injection.
California Highway Patrol officers arrived at the scene on Hale Avenue south of Kalana Avenue and determined it was unsafe to shoot the horse to put it out of its misery, according to the California Highway Patrol. They immediately called animal control and tri-county officers arrived before 8 p.m.
“Usually we do, however it was very close to a residential area,” CHP officer Jaime Rios said. “We didn’t feel that it would be safe at the time.”
He said if an animal is suffering and it’s on a freeway or in a rural area, officers will euthanize it. Rios said passengers did not see the horse once it was hit and suffering.
Rios said the bus on southbound line 68 was traveling about 40 mph when it struck the horse.
VTA spokesperson Jennie Hwang Loft said the horse ran loose from a group of horses in a pasture when it ran in front of the bus. She said the bus driver suffered minor injuries.
A VTA bus stop is located at Hale and Kalana avenues, but authorities are unsure how near it was to where the accident occurred. The roadway was closed for about 90 minutes and the bus was eventually towed away. The horse was taken away by tri-county officers. Passengers were eventually picked up by another VTA bus and taken to their destination.
No passengers reported any injuries, but the bus sustained extensive damage, according to the VTA. Rios said no drugs or alcohol were involved.
Authorities are still working to locate the owner of the horse and plan to contact neighbors today. There will not be any criminal charges filed because no passengers were injured. Rios said he can’t say if there would be any civil charges filed.
A man who drove by the incident, but did not want to be identified, said the horse was laying in the middle of the street, flopping around.
“I’ve seen a lot, but that was pretty brutal,” he said.
All animal owners in California are strictly liable for the acts of their animals. If any of the bus passengers, or the bus driver was injured in this crash, the animal owner would be liable for their injuries because they failed to contain their animal, and let it get loose.
All California animal owners must ensure that their animals are not let loose and are contained. Had the owner of the horse not let the horse get loose this potentially devastating accident woudl not have happened, and the horse would still be alive.
Morgan Hill Bus Accident Attorney
Related posts
By Norman Gregory Fernandez, Esq. | March 3, 2010
Los Angeles – California
Relatives of a California state trooper and three family members whose fatal car wreck helped spark Toyota’s wide-ranging safety recall have sued the automaker for defects they say caused the vehicle to speed out of control and crash.
The lawsuit, filed on Tuesday in San Diego Superior Court, was the latest in a wave of product-liability cases and other legal action brought against Toyota Motor Corp over complaints of sudden, unintended acceleration in its vehicles.
But the fiery August 28 crash near San Diego of a Lexus ES 350 sedan driven by off-duty California Highway Patrol Officer Mark Saylor drew intense media attention and renewed government scrutiny of safety problems that led to the recall of some 8.5 million Toyota vehicles worldwide.
Toyota President Akio Toyoda, grandson of the company’s founder, extended his condolences to the Saylor family in an apology he delivered to a congressional hearing last week.
Saylor was driving his wife, their 13-year-old daughter, and his brother-in-law on a family outing when their car “began to accelerate on its own” and sped out of control despite Saylor’s attempts “to apply the brakes and otherwise do everything possible to stop” the car, the lawsuit says.
The car reached speeds of up to 120 miles per hour before it struck another vehicle, plowed through a fence, hit a berm and flew through the air, then rolled several times into a field and burst into flames.
The family’s final moments before impact were captured in the recording of a frantic 911-emergency cell phone call placed by Saylor’s brother-in-law, Christopher Lastrella, in which he is heard telling the dispatcher, “Our accelerator is stuck … We’re in trouble … there is no brakes.”
Others in the car are heard saying, “hold on” and “pray” as the call ended, the lawsuit said.
The suit names Toyota, its U.S. division and other corporate entities as defendants, along with the Lexus dealership where Saylor was given the doomed car as a “loaner vehicle” while his own Lexus was being serviced.
Although the suit makes no specific allegations as to the root cause of the unintended acceleration, it says the car in question “was defective when it left the control of each defendant” and that “adequate warnings of the danger were not given.” The suit seeks unspecified monetary damages on behalf of the parents of Saylor and his wife.
Toyota officials have said they do not comment on pending litigation.
San Diego County Sheriff’s investigators concluded the crash likely was caused by the gas pedal becoming stuck in an all-weather rubber floor mat designed for a larger vehicle but placed by the Lexus dealership in the sedan loaned to Saylor.
But the accident report said “other avenues of unintended acceleration could not be explored,” mechanical or electrical, due to catastrophic damage to the vehicle.
The report also revealed that another driver who had been loaned the same car a few days earlier told investigators the vehicle raced out of control on him when the gas pedal jammed in the floor mat, which he managed to free after placing the gear shift into neutral.
He complained to a dealership receptionist when he returned the car, the receptionist told investigators she alerted the detail specialist on duty, but the detailer claimed never to have received such a complaint, the report said.
Toyota has recalled more than 5 million vehicles in the United States for slipping floor mats. Another 2.2 million U.S. recall notices were issued for sticking accelerator pedals.
The Transportation Department has said that complaints of unintended acceleration in Toyota and Lexus vehicles are linked with more than 50 U.S. crash deaths under investigation over the past decade.
If you or your family have been the victim of a car crash in a Toyota due to sudden acceleration or other product defect anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com
Toyota Product Defect Attorney
Related posts
By Norman Gregory Fernandez, Esq. | February 23, 2010
Just minutes after the roadway on northbound Highway 101 was cleared when a big-rig overturned early Monday morning – snarling traffic for several hours – a second four-vehicle wreck in Novato jammed traffic in the same direction.
The second accident occurred at 11:38 a.m. just north of Atherton Avenue and blocked the two left lanes, said Officer Peter Van Eckhardt of the California Highway Patrol.
The wreck involved blue and silver pickup trucks, a small sedan and a gold Lexus. The sedan was lodged under the blue truck, trapping two people, Van Eckhardt said. They were transported to a local hospital; additional details were unavailable.
The single-vehicle big-rig accident at 6 a.m. blocked one lane of traffic that remained closed till 11:30 a.m. while workers emptied a load of vegetables, Van Eckhardt said.
The accident occurred when the Save Mart Supermarkets big-rig overturned just north of San Antonio Road, Van Eckhardt said. The cause of the wreck was under investigation.
The driver suffered minor injuries and was taken to Santa Rosa Memorial Hospital, Van Eckhardt said.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Novato or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com
Novato California Truck Accident and California Car Accident Website
Related posts
By Norman Gregory Fernandez, Esq. | February 11, 2010
NEWPORT BEACH – California
A man arrested on suspicion of drunken driving after crashing twice within a city block is the chief executive officer of EZ Lube, an oil-change chain.
Mark David Goodman, 41, has not been charged with a crime since posting bail Tuesday afternoon.
Goodman, who was not injured, was arrested shortly after 5:30 a.m. Tuesday, after his 2009 Cadillac Escalade crashed into a psychic-reading business.
Goodman held senior executive positions at McDonald’s, Walmart and 1,200-store Save-A-Lot before joining EZ Lube recently.
On Tuesday, Goodman’s Escalade jumped a curb along East Coast Highway, knocking over a parking sign, and smashing straight into a knee-high brick planter at Directors Financial Group.
Goodman then apparently backed off the parking sign, and continued a block north, jumping the curb again, breaking another parking sign, scraping a palm tree, and continuing down a sidewalk before smashing into a bus stop bench and finally coming to a stop inside the Crystal Lotus, 3100 E. Coast Highway, in Corona del Mar.
Goodman did not return a call for comment.
Anita Marie Laurie, an EZ Lube spokeswoman, said, “I spoke to him and he said he’s just grateful that no one was injured.”
Goodman took his current job three months ago, when EZ Lube came out of Chapter 11 bankruptcy.
EZ Lube, a chain of 85 or so oil-change shops based in Southern California, ran into financial troubles after two investigations found evidence that the company routinely defrauded customers.
In December 2007, EZ Lube agreed to a $5 million settlement with the Orange County district attorney to end legal action. The company paid $3 million toward the settlement, but declared bankruptcy in December 2008 before paying the rest.
EZ Lube is the latest stop for Goodman, who once ran U.S. strategy and operations for McDonald’s.
After McDonald’s, Goodman had stints as a top executive for two other companies.
For 14 months, Goodman was an executive vice president for marketing at Sam’s Club. Four months after he left, he got a job in April 2007 as chief operations officer for Save-A-Lot, where he stayed for 15 months.
Bottom line folks, do not drink and drive; you could kill someone and then end up in jail for a very long time.
Newport Beach Car Accident Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | February 10, 2010
East County California — Two motorists were trapped and had to be extricated from their cars Sunday night after a head-on collision east of Alpine on Interstate 8, authorities said.
The accident was reported about 9 p.m. on I-8 west of state Route 79. A 66-year-old woman traveling westbound on I-8 in a 1998 Chevrolet Lumina, going about 75 mph, for unknown reasons drove off the south side of the road through a dirt and grass divide and onto the eastbound lanes of I-8, where her vehicle struck two cars, said California Highway Patrol Brian Pennings.
The woman was trapped in her vehicle until emergency crews could extricate her. She was taken by helicopter to a hospital with a broken right ankle and internal injuries, Pennings said.
A 27-year-old driver also had to be extricated from his 2007 Honda Accord, which was struck head-on by the Lumina. He was taken by ambulance to a hospital after he complained of pain, Penning said. The 34-year-old driver of the second car that was struck by the Lumina wasn’t injured.
All eastbound traffic was shut down at Willows Road after the 9 p.m. crash for about an hour, Pennings said.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in San Diego, California or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com
San Diego Car Accident Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | January 25, 2010
Friends, family and students are mourning the loss of a 50-year-old father who was killed Friday in a head-on crash near Steele Canyon High School, where he often volunteered for his kids’ drama productions.
He was identified by the Medical Examiner’s Office Saturday as David Norman Reid, who lived with his wife and family in Spring Valley, California.
Reid was driving a Dodge Caravan east on state Route 94 about a mile west of the school when the driver of a Ford Mustang crossed over the double-yellow line and collided with him head-on, the California Highway Patrol said.
Reid’s 17-year-old son, who was in the passenger seat, suffered serious injuries and underwent surgery Saturday, said the school’s assistant principal, Jeff Kover.
The driver of the Mustang, former student Andrew Bellatti, 18, and his 16-year-old female passenger, a current student, also were injured. They were reportedly released from the hospital Saturday.
It was unknown why Bellatti had crossed into oncoming traffic, but investigators said speed was a factor.
The speedometer on the Mustang was frozen at about 80 mph, said CHP Officer Brian Pennings. He said there was no indication that Bellatti had been racing, or that drugs or alcohol were a factor in the accident.
The road was wet, but it was not raining at the time, he said.
Reid’s son followed in his older sister’s footsteps by joining the charter high school’s drama club, and their parents became well-known volunteers over the past several years.
Reid did everything from building sets and chaperoning to serving at concession stands during plays.
“He’s easily one of the nicest guys you could meet. He always had a good joke or story,” Kover said. “He was there any time we had an event going on, a production or a show. They were always helping out.”
High school records show that Bellatti, who graduated last year, was a pitcher and first-baseman on Steele Canyon’s baseball team. He signed with the Tampa Bay Rays after turning down a scholarship offer to Cal State Fullerton.
Last summer, Bellatti pitched for Tampa Bay’s rookie team in the Gulf Coast League. Professional baseball’s spring training begins next month.
It would appear from the basic facts of this case that the driver of the Mustang was speeding way over the speed limit when he crossed into oncoming traffic and is most probably responsible for the wrongful death of David Norman Reid. We at the California Personal Injury Lawyer Blog send our prayers and condolences to his family.
If you or your family has suffered through the wrongful death of a loved one, you may call our office for a free consultation at 800-816-1529 x. 1.
San Diego Car Accident Lawyer and San Diego Wrongful Death Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | January 20, 2010
Winterhaven – California
Experts say it’s very important to make sure that your car is ready for severe weather.
Experts say now is the time to make sure that your car is properly maintained and equipped for inclement weather. According to the Winterhaven California Highway Patrol, accidents in the Desert Southwest increase during rain and other bad weather. That’s why officers encourage you to leave yourself extra time when driving in bad conditions, and don’t follow too closely.
It’s important to make sure you have plenty of tread on your tires, and that they’re properly inflated. Officers say it’s also important to make sure that you have adequate windshield wipers and an appropriate emergency kit if your car breaks down.
Following an accident, officers ask that you pull to the side of the road, make sure that those involved in the accident are ok, and call the proper authorities.
Officer Steven Gronbach with the Winterhaven CHP Office says there are several reasons why people get in accidents during bad weather.
“Excessive speed, things of that nature, following too closely, sometimes the water will build up on the roads, and if it hasn’t rained, especially here in the desert for quite some time, oil will build up and cause a slick environment,” said Gronbach.
Officials say the most important thing you can do to keep yourself safe is wear your seatbelt.
Take it easy out there folks. If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com
California Motor Vehicle Accident Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | January 15, 2010
Three lives were lost when 11-year-old José Silva ran a stop sign at the intersection of Avenue 152 and Road 168 near Woodville, California.
A truck headed south on Road 168 didn’t have enough time to stop and collided with Silva’s vehicle.
Silva died at the scene along with his mother, Maria Covarrubias, and José’s seven-year old sister Elizabeth Silva.
Both daughter and mother were ejected from the vehicle. Another passenger suffered major injuries. The driver of the truck suffered minor injuries.
“Devastated…I know the mother and her two sons and daughter very well so it’s quite traumatic,” said school superintendent Dr. Donereia Bradley.
Bradley has been close with the family for years.
She says both kids were good in school and never missed a day.
Bradley along with others can’t understand why the boy was driving.
“I would have never thought that would have been the case. I’m stunned. I have no words,” said Bradley. “I was in shock. I was like how did it happen?”
Veronica Rodriguez drove to the family’s home after she heard about the accident.
She says the 30-year-old mother leaves behind a 12-year-old son who stayed home last night.
Why would a mother allow her 11 year old son to drive? Under no circumstances whatsoever should you ever allow an 11 year old to operate a car or truck.
Woodville California Car Accident Attorney
Related posts
By Norman Gregory Fernandez, Esq. | January 2, 2010
Seven people were injured, including four Washington state residents, when a SUV rolled over Thursday afternoon while going south on Highway 101 near Vineyard Avenue in Oxnard.
The accident was reported about 1:45 p.m., said Steve Reid, a spokesman for the California Highway Patrol in Oxnard.
The seven, and an eighth person who was not injured, were on their way to a swim meet at California Lutheran University when the vehicle they were riding in overturned into the dirt portion of the highway’s center divider, Reid said.
The incident started after a tanker truck traveling in the same direction tried to move from the third to the second lane, Reid said, causing the driver in the second lane to swerve into the first lane, where the SUV was.
Reid said Kyle Homad, the 23-year-old Seattle man driving the SUV, lost control of the vehicle and it overturned, landing on its side.
Homad received minor injuries, including cuts to his face, the CHP reported. He was taken by ambulance to St. John’s Regional Medical Center in Oxnard.
Six of the seven people riding with Homad also received minor injuries, Reid said.
Everyone in the vehicle was wearing a seat belt.
While the vehicle that swerved to avoid the tanker truck stopped at the scene, the truck continued south on 101.
Anyone who saw the accident is asked to contact the Ventura CHP at 805-477-4100.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com
Oxnard California Truck Accident and Car Accident Attorney
Related posts
By Norman Gregory Fernandez, Esq. | December 31, 2009
Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.
Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.
AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.
AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.
AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.
AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.
AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.
AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.
AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.
AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.
AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.
AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.
Read the rest of this entry »
Related posts
By Norman Gregory Fernandez, Esq. | December 31, 2009
You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.
You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.
You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.
You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.
They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.
You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.
You find out later that you have $3,000 damage to the back of your car.
What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.
Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.
The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.
The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.
If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.
Make sure that you note the model and make of their car along with the license plate information.
The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.
If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .
By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009
Related posts
By Norman Gregory Fernandez, Esq. | December 27, 2009
Topics: Bus Accidents,
Car Accidents,
Hit and Run Accident,
Motorcycle Accidents,
News,
Pedestrian Accidents,
Personal Injury,
Truck Accidents,
Van Accidents,
Vehicle Passenger Accidents,
Wrongful Death
SACRAMENTO, California
The California Highway Patrol says 12 people have died in accidents statewide over the Christmas holiday weekend, one more than in 2008.
Of the 10 vehicle occupants who died in the CHP’s jurisdiction between Christmas Eve and noon Saturday, half weren’t wearing seat belts. A motorcycle rider also died, the CHP says. The twelfth victim was handled by local law enforcement officials.
Last year, 11 people died statewide in Christmas holiday accidents.
The highway patrol says drunken driving arrests are up, from 409 in 2008 to 549 this year.
The holiday weekend continues through Sunday night.
California Traffic Accident Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | December 20, 2009
Topics: Bicycle Accidents,
Bus Accidents,
Car Accidents,
Courts,
Damages,
Dangerous Conditions,
Dog Bite,
Editorial,
Hit and Run Accident,
Insurance,
Intentional Torts,
Medical Malpractice,
Motorcycle Accidents,
News,
Off Road Vehicle Accidents,
Off Topic Articles,
Other Motor Vehicle Accidents,
Pedestrian Accidents,
Personal Injury,
Premises Liability,
Product Recall,
Products Liability,
Slip and Fall,
Train Accidents,
Trip and Fall,
Truck Accidents,
Van Accidents,
Vehicle Passenger Accidents,
Workers Compensation,
Wrongful Death,
medical treatment
When you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.
You will be the only one getting screwed with tort reform; mark my words.
I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.
You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.
Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.
You don’t hear members of this political party telling you this do you?
One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.
This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!
The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.
California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.
Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?
Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.
This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.
You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.
It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.
These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.
It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.
This is another way to screw the little guy and protect those who are already making a fortune at your expense!
It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.
By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009
Related posts
By Norman Gregory Fernandez, Esq. | December 17, 2009
Topics: Bus Accidents,
Car Accidents,
Damages,
Editorial,
Insurance,
Motorcycle Accidents,
Personal Injury,
Truck Accidents,
Van Accidents,
Vehicle Passenger Accidents,
medical treatment
Over my years of practicing personal injury laws one of the most common questions I am asked is “What should I do after I am involved in a motor-vehicle accident?”
You feel the impact and hear the crunching of metal, then the accident is over. You lived through the few seconds which seemed like an eternity as you awaited your fate. You take a deep breath and check to see if you are still in one piece. Then comes the thought of “What do I do now?”
1. Call the police. The police should be called to the scene of any accident. They will need to collect the information from both drivers as to license, registration, and insurance. They will speak to each driver as to their account of how the accident occurred. They will complete an accident report detailing all the above information including the facts and potential causes of the accident. The report will be available at the precinct several days after the accident. You should obtain a copy of the police report as soon as possible. They will obtain the names, addresses, and statements of any witnesses to the accident. You should wait for the police to arrive and not discuss the accident with anyone until then. While waiting for the police to arrive, if you are able to do so, you should exchange information with the other driver. If anyone identifies themselves as a witness, try to get his or her name and phone number. If you have a camera or a cell phone with a camera feature and are able to do so, take pictures of the accident scene.
2. Seek medical attention if injured. Some injuries sustained in auto accidents are readily apparent while others may develop over the next few hours or days. If in doubt as to the seriousness of your injuries, it is wise to request an ambulance and to be taken to a hospital to allow a medical professional to evaluate your injuries. If your injuries do not seem that serious, then you can always call your own doctor and make an appointment to be examined. Quite often accident victims will feel just minor aches at the scene but will wake up the following morning with considerable pain. It is always advisable to see a physician to obtain a proper evaluation of your condition.
3. Receive ongoing medical care. Many times an injured accident victim will require ongoing medical care. This may require diagnostic tests such as MRI, EMG, and X-rays which will assist your physician is diagnosing your condition. Your physician will help you determine your medical needs.
4. Contact my personal injury attorney law firm. We can advise you as to your legal rights when you are involved in an accident. We can assist you in making sure that all your medical expenses are paid and in making a claim to compensate you for the pain and suffering you sustained in the accident. You should contact us as soon as practicable after the accident by calling 800-816-1529 x.1.
5. Report the accident to your insurance company. You are required to report the accident to your insurance company within a reasonable time following the accident. You should be wary of accepting any type of settlement offers from any insurance company before speaking with your attorney.
There is no question that being involved in an accident is an overwhelming experience. If you follow the steps that I have set forth it will assist in making sure that your health and your rights are protected.
The Law Offices of Norman Gregory Fernandez & Associates and Norman Gregory Fernandez has been practicing personal injury law for many years. The firm handles car accident cases and other personal injury matters all over California. For a free consultation, please call 800-816-1529 or you may visit our main personal injury webpage at www.thepersonalinjury.com.
California Car Accident Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | December 15, 2009
Twelve people were transported to area hospitals, four of them with major injuries, after an accident Saturday night on Highway 126 near Santa Paula.
The accident occurred about 6:30 p.m. east of Toland Road when Alex Rojas, 26, of Santa Clarita lost control of the sport utility vehicle he was driving while attempting to pass the vehicle in front of him by moving into another lane, the California Highway Patrol said.
Because of unsafe speed and the rain-slicked roadway, Rojas could not maintain control and drifted back into the other lane, striking the vehicle he had just passed, officers said. That sent his vehicle spinning across the center median and into the eastbound lane, where it was broadsided by a truck driven by Maria Troncoso, 29, of Oxnard as she attempted to brake to avoid the collision, authorities said.
Rojas’ passenger, Diana Gutierrez, 22, of Palmdale, was ejected from the vehicle, the CHP said. Gutierrez was not wearing a seat belt and suffered major injuries, including a collapsed lung and lacerated spleen.
Troncoso also suffered major injuries, as did a 9-year-old boy riding in her vehicle and a 2-year-old boy riding in Rojas’ vehicle. Troncoso’s injuries were described as a broken leg and chest pain, while the 9-year-old boy, Angel Troncoso, sustained internal injuries and a facial fracture.
The 2-year-old boy riding in Rojas’ vehicle, Jaden Rojas, sustained a broken right leg and a facial fracture.
Both of the seriously injured children were transferred from hospitals in Ventura to major medical centers in Los Angeles. Nursing supervisors said Angel was transferred from Community Memorial Hospital to UCLA and Jaden from Ventura County Medical Center to Childrens Hospital, but no information on their conditions could be obtained Sunday night.
Gutierrez was listed in stable condition at Ventura County Medical Center Sunday evening. Maria Troncoso was treated and released from Community Memorial, a nursing supervisor said.
Others sustained moderate or minor injuries and were treated at local hospitals. Four others were uninjured. The accident is under investigation.
If you were injured in this accident or know of a relative who was injured, you may call my law firm for a free consultation at 800-816-1529 x.1.
Ventura County Car Accident Attorney and Lawyer Website
Related posts
By Norman Gregory Fernandez, Esq. | December 11, 2009
Topics: Bicycle Accidents,
Bus Accidents,
Car Accidents,
Editorial,
Hit and Run Accident,
Insurance,
Motorcycle Accidents,
News,
Other Motor Vehicle Accidents,
Pedestrian Accidents,
Safety Tips,
Truck Accidents,
Van Accidents,
Vehicle Passenger Accidents
As all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.
There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.
Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.
To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.
If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.
By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009
Related posts
By Norman Gregory Fernandez, Esq. | December 8, 2009
The Kern County Coroner’s Office has identified James T. Kelly, 69, of Lake Isabella, as the person struck by a pickup truck Friday evening about 6:30 p.m., when, according to witnesses, he attempted to cross Lake Isabella Blvd. in his motorized wheelchair.
The incident occurred in the 6100 block of Lake Isabella Blvd., in Lake Isabella, near West America Bank to the east and Shady Lane Saloon to the west. The stretch of roadway is not particularly well lit.
Witnesses said the victim, known to most as “Kelly”, was a disabled veteran frequently seen in the area. First responders administered CPR to Kelly, who was unconscious in the roadway, prior to his being transported by ground ambulance to Kern Valley Hospital, where he was pronounced dead.
Anyone with information that will assist authorities in locating Kelly’s next of kin is asked to contact the Coroner’s Office at 661-868-0100.
If you or your family have suffered from a pedestrian accident or wrongful death anywhere in the State of California, you may call our law firm a free consultation 7 days a week, 24 hours a day at 800-816-1529 x. 1.
Kern County Pedestrian Accident Attorney and Kern County Wrongful Death Attorney
Related posts
By Norman Gregory Fernandez, Esq. | November 21, 2009
A 53-year-old Julian man died Friday in a head-on collision on state Route 78 between Ramona and Santa Ysabel.
The accident occurred about 11:15 a.m. when a Dodge truck driven by Justin Jones, 20, of Ranchita, California, drifted onto the right shoulder of the westbound lane, the California Highway Patrol said. Jones overcorrected, crossed the double-yellow line and smashed into a Ford truck traveling east, police said.
The driver of the Ford died at the scene. Authorities said it appears he wasn’t wearing a seat belt. The CHP withheld his name pending family notification.
Authorities said Jones suffered “moderate injuries” and took an ambulance to Palomar Medical Center. He does not have a valid driver’s license, the CHP said.
Neither drugs nor alcohol played a role in the crash, according to the initial investigation. No arrests were made.
Santa Ysabel Car Accident Attorney and Wrongful Death Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | November 18, 2009
Sacramento – California
A premature baby, born at 20 weeks, died just two short hours after entering the world. Shortly after; baby Autumn’s body was lost at Kaiser Permanente and was not found for six days, as reported by CBS 13.
As the parents of baby Autumn were making the heart wrenching funeral arrangements, representatives of Kaiser alerted the grieving parents that the hospital somehow lost track of their baby girl’s body. For six agonizing days, Autumn’s family was left wondering what happened to their little girl. Hospital officials then told the family that her body was found in a pathology department refrigerator and was somehow mistaken of an ice pack.
A spokesperson for Kaiser released a statement saying, “Due to patient privacy laws we are not able to discuss the details of any individual patient matter. In a case such as the one described we would offer our sincere apologies, work around the clock to investigate every possible avenue that could lead to an explanation and resolution of such a painful situation, and reach out to those involved to offer comfort and support. Our heart would go out to any family for the pain they would suffer and the additional burden a situation like this would place upon them. We would not rest until we understood exactly what occurred and had taken steps to prevent it from ever happening again.”
California Medical Malpractice Attorney Website
Related posts
By Norman Gregory Fernandez, Esq. | November 14, 2009
Maclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children’s fingers. A side hinge mechanism poses the risk of cutting or amputating a child’s fingers when the stroller is being opened or closed, the British company said Monday.
The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.
The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.
The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.
Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.
Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.
If your child has been injured while you were using a Maclaren umbrella stroller give us a call for a free consultation at 800-816-1529 ext. 1.
California Products Liability Attorney & Defective Product Causing Injury Attorney
Related posts
By Norman Gregory Fernandez, Esq. | November 12, 2009
The 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
Related posts
By Norman Gregory Fernandez, Esq. | November 12, 2009
George 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
Related posts
By Norman Gregory Fernandez, Esq. | November 11, 2009
From California Personal Injury Lawyer Blog, I would like to wish all of our nation’s veterans a happy Veterans Day.
Veterans Day is a day to honor all of those of who have served in our nations armed forces. Thank you all veterans of the Army, Navy, Air Force, Marines, and the Coast Guard.
I myself served in the Air Force and then the California Air National Guard.
I was recently at an event in another State where there was a Marine official function going on. I saw our proud marines all dolled up in their dress uniforms with their medals on. They looked real young. I got a bit choked up as I thanked them for their service. It appeared to me that all of these young men are veterans of the current war going on.
There is a war going on right now; young men and women are fighting and dying for our freedom as I type this.
This is a day to honor our nation’s veterans and our nation’s heroes.
May god be with you, and god bless America.
By Norman Gregory Fernandez, Esq.
Related posts
By Norman Gregory Fernandez, Esq. | November 10, 2009
Caltrans 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
Related posts
By Norman Gregory Fernandez, Esq. | November 3, 2009
*** 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
Related posts
« Previous Entries
