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

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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

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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

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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

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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.

AB 260 (Lieu) – Will bring trust and security back to the state’s mortgage market, protect borrowers from the most abusive lending practices that caused the home foreclosure crisis, and reassure the secondary market that loans bought in California are sound.

AB 262 (Bass) – Makes the technical and administrative changes necessary to ensure that $113M in federal economic stimulus energy funding (i.e. local energy efficiency grants and state energy program monies) will be allocated in the most efficient and effective manner.

AB 303 (Beall) – Hospital Seismic Safety Financing; allows designated hospitals to meet state deadlines for earthquake safety improvements. The bill permits the hospitals to leverage local funds in order to draw down federal money to pay for seismic safety facility upgrades.

AB 305 (Nava) – Allows prosecutors to seek jail sentences for polluters who knowingly make a false or misleading report about an offshore oil spill. AB 305 also extends the statute of limitations for violations of Hazardous Material Release Response Plans and Inventory related violations from 1 to 5 years to bring it into accordance with other hazardous material and hazardous waste laws in the same Division of the Health and Safety Code.

AB 329 (Feuer) – Reverse Mortgage Elder Protection Act – a bi-partisan measure that will protect the growing number of senior citizens who are considering a reverse mortgage. This bill would amend California reverse mortgage law to strengthen existing counseling and cross-selling provisions and would provide the borrower with a checklist prior to counseling that highlights the risks and alternatives to reverse mortgages.

AB 343 (Saldana) – Allows California to enter into a compact with 26 other states to ease coordination of interstate school transfers and to remove some of the barriers to academic success military children face due to frequent relocation of active-duty parents. An interstate commission, in coordination with state education officials, will monitor implementation of the compact, address emerging issues, and reconcile disputes between states.

AB 359 (Nava) – Requires digital mammography screening to be covered under the “Every Woman Counts” (EWC) Cancer Detection Program administered by the California Department of Public Health when analog mammography is not available.

AB 370 (Eng) – Would ensure that a victim of contractor fraud is eligible to obtain restitution for economic loss caused by that contractor. Further, this bill increases the maximum potential fine for a first offense from $1,000 to $5,000. For a second and subsequent offense, this measure increases the current mandatory fine from $4,500 up to $5,000. Third offenders will also be required to serve a mandatory jail sentence (as is currently required of second offenders.). Finally, this measure would apply the mandatory minimum fine to repeat offenders who enter into a contract with the victim, or take money from the victim, but do not perform any of the contracting work.

AB 457 (Monning) – Requires claimants intending to file mechanic’s liens to notify homeowners that a mechanic’s lien is being recorded against their property. Specifically, the bill amends the 20-Day Preliminary Notice to make it more prominent and easier to read ,and enacts a requirement that property owners be served with a Notice of Mechanic’s Lien that provides information on how to deal with a mechanic’s lien, along with a copy of the actual lien that will be filed.

AB 474 (Blumenfield) – California is in its third straight year of drought. This creative bill will harness market forces by increasing water conservation by residential, commercial, agricultural and industrial property owners by authorizing cities, counties, water districts and municipal utilities to offer up-front financing to property owners who wish to install water conservation systems. It is a rare bill supported by the Sierra Club and the Chamber of Commerce.

AB 494 (Caballero) – Allows farmers who wish to build housing for farm workers on land zoned for agriculture, to change the zoning, and be able to build housing while retaining the agricultural integrity of the property.

AB 524 (Bass) – To curtail the potentially harmful situations and other problems created by out of control paparazzi, AB 524 extends the “invasion of privacy” laws to persons that purchase, publish, and print images or recordings of individuals, if these persons knew that the images or recordings were obtained illegally.

AB 530 (Krekorian) – This measure continues to provide local law enforcement an important tool in freeing our neighborhoods of violent drug and gang activity. AB 530 reauthorizes two pilot programs allowing city attorneys and prosecutors in participating cities (Long Beach, Los Angeles, Oakland, Palmdale, Sacramento, and San Diego) to bring eviction proceedings in the name of the people against a tenant for unlawful activities regarding controlled substances, firearms, and ammunition. This statute assists landlords who are intimidated from bringing eviction proceedings against tenants engaged in drug-related crimes and illegal possession of weapons or ammunition on the premises. This measure also protects other tenants living in the same apartment complex or the neighborhood who have been forced to tolerate criminal behavior or move away from their homes.

AB 532 (Lieu) – Will protect victims of domestic violence, their families and our communities from potential gun-related danger. The bill will allow law enforcement officers to obtain a warrant to seize firearms or deadly weapons that remain inside a house after a domestic violence or mental health incident.

SB 598 will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle.

AB 626 (Eng) – Required that no less than 10% of the $139 million appropriated from prop 84 for IRWMP to fund projects that provide direct benefits to disadvantaged communities. However, there was some confusion in the Department of Water Resources on whether they can award the entire 10 percent for disadvantaged communities across every hydrological region. Disadvantaged communities around the state struggle to meet basic water related public health functions including supplying safe drinking water to their communities and maintaining basic wastewater infrastructure. AB 626 makes it clear that disadvantaged communities in each region of the state receive this minimum investment.

AB 636 (Jones) – Increases penalties for charter bus companies and drivers for failure to comply with safety and licensing regulations. Introduced after last year’s tragic Colusa bus crash that took the lives of several residents of Jones’ Sacramento district, the new law permanently rescinds the operating permit of a bus company if it is found operating without a permit or on a suspended license, knowingly hires an unlicensed bus driver, or fails to register its buses with the Department of Motor Vehicles. The law also suspends unlicensed bus drivers for a period of 5 years.

AB 637 (Hill) – Requires the California Public Employees’ Retirement System contracting agencies to use Electronic Funds Transfer for payments which will reduce paper transactions and lead to cost savings worth hundreds of thousands of dollars per year.

AB 647 (Yamada) – Requires California’s Department of Motor Vehicles to comply with federal law and allow consumer access to the National Motor Vehicle Title Information System (NMVTIS). Established under the Anti-Car Theft Act of 1992, NMVTIS is an electronic vehicle-history database maintained by the Department of Justice that enables states, law enforcement agencies, and consumers to verify and exchange auto titling, theft and brand data.

AB 669 (Fong) – Removes barriers for foster youth to attend California community colleges. Specifically, the bill gives current and former foster your residency status, in order to avoid paying higher tuition fees.

AB 671 (Krekorian) – The California Golden Shield Act, establishes an official California State honorific that pays tribute to our peace officers, firefighters and other public safety officers who sacrifice their lives for the safety of Californians. This statute requires that the Governor present the California Golden Shield, on behalf of the State of California, to the families of the fallen public safety officers killed in the line of duty.

AB 672 (Bass) – Allows local transportation agencies with approved Prop 1B projects to expend their own funds to move the projects along and be eligible to be reimbursed from Prop 1B bond funds.

AB 688 (Eng) – Seeks to protect victims of domestic violence from re-victimization by clarifying that a person charged with a misdemeanor domestic violence may not be released on their own recognizance until they first appear before a judge or commissioner. Currently, there are discrepancies in state law that potentially allow for the release of a person charged without ever appearing before a judge or commissioner. If this bill is vetoed, the existing inconsistencies in state law will continue to endanger people’s lives by potentially permitting some perpetrators to go back into the community without the proper screening of a judge or commissioner.

AB 708 (Huffman) – The illegal poaching of fish and wildlife poses a serious threat to California’s wildlife species and biodiversity. Poaching cases are on the rise and California is particularly impacted because the current fines and penalties have proved insufficient to serve as an effective deterrent. AB 708 will establish minimum mandatory fines and increased revenue to local prosecutors to prosecute the egregious poaching of fish and wildlife in order to provide a serious deterrent to this illegal activity.

AB 719 (Lowenthal) – Provides one year of federally-funded food stamps to foster children who “age-out” of the system at 18. In addition to providing needed benefits to these at-risk youth, the program will also bring federal funds to give needed economic stimulus effect at the local and state level: Every $10 in new Food Stamp benefits generates $18.40 in economic activity, which results in more funds to the state General Fund.

SB 748 would provide that no person, state or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness’ family member.

AB 750 (Bass) – Provides Superior Courts the ability to operate deferred entry of judgment (DEJ) reentry programs in lieu of jail time for low-level, non-violent offenders. AB 750 is modeled after a program ” Back on Track” developed by the City of San Francisco. The year-long program requires participation in workforce training, educational training, drug counseling, and has a proven track record of reducing recidivism among its participation.

AB 758 (Bass/Skinner) – Establishes a comprehensive statewide program to improve the energy efficiency of the state’s existing residential and commercial building stock. Such a program will include energy audits, financing options, public outreach efforts, and workforce training. AB 758 will produce a significant return on investment — reducing greenhouse gas emissions and decreasing energy consumption.

AB 856 (Caballero) – Protects consumers who buy organic produce from California, and protects the integrity of California’s organic farmers by increasing the authority of the California Department of Agriculture to regulate manufactures of organic fertilizers.

AB 890 (J. Perez) – City of Maywood Safe Drinking Water Act — this law directs the water providers within the City of Maywood to develop an action plan to improve the water delivery infrastructure and reduce contaminant levels in the water, and includes several provisions to force the water providers to operate with more transparency and responsiveness to community concerns about the water quality.

AB 906 (Hill) – Helps local governments take advantage of existing energy efficiency programs without violating state laws that prohibit economic conflicts of interest. (Effective upon signature by Governor)

AB 951 (Lieu) – Increases penalties on negligent and unscrupulous charter bus companies that jeopardize passengers’ lives by violating safety standards. This bill was introduced in response to a tragic bus crash that occurred last year in Colusa which killed 11 and injured 40 passengers.

AB 952 (Krekorian) – This new statute allows Taft-Hartley trusts (health plans governed by the federal Department of Labor) to administer benefits for their enrollees in an efficient manner. AB 952 seeks to provide a remedy for Taft-Hartley plan administrators and allow them to work better in California. A new provision will be made in the Confidentiality of Medical Information Act to allow protected health information necessary for the administration of health benefits for Taft-Hartley enrollees, while maintaining the more rigorous privacy benefits provided by California law.

AB 962 requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser.

AB 975 (Fong) – Encourages water conservation by requiring private water corporations to install water meters.

AB 992 (Lieu) – Addresses a spike in property tax reassessment scams resulting from the rapid decline of housing prices over the past few years. The bill prohibits the collection of advance or late fees for property tax reduction services and requires written authorization from the property owner before any reassessment requests are filed.

AB 1031 (Blumenfield) – California colleges have suffered severe budget cuts and must reduce their costs. Yet they cannot get credit on their utility bills for renewable energy they generate, unless the electricity is used in the same structure where it is generated. This bill requires utility companies to give credit to state colleges and universities for all power they generate on campus.

AB 1070 (Hill) – Increases the Medical Board of California’s ability to protect health care consumers by clarifying their ability to enforce proper reporting, licensing and regulation of physicians and surgeons.

AB 1083 (J. Perez) – Health Facilities: Security Plans – this law requires hospitals to annually review and update the security and safety plans to help ensure patients and workers do not become victims of violence.

AB 1093 (Yamada) – “Taneka’s Law” clarifies that a workers’ comp claim can not be denied based solely on a personal characteristic of the victim and a third party’s hatred of that characteristic such as race, religion, or gender.

AB 1130 (Solorio) – This bill revises the school accountability system to include a growth measurement of the academic performance index (API) that increases the validity and accuracy of academic progress of the same students over time, an important step toward comprehensive academic achievement measures.

AB 1160 (Fong) – Protects non-English speaking consumers from mortgage fraud by requiring mortgage lenders to provide a written translated summary of the mortgage contract.

AB 1196 (Blumenfield) – California is expected to receive more than $50 billion in federal stimulus funds in the next 2 years, 7% of which is predicted to be lost to fraud by government contractors. This legislation will strengthen and expand the “false claims” law, which enables private citizens to report intentional fraud by a contractor, and if the claim is true, reap a significant portion of the damages awarded by a court. Without Bob’s bill, billions of state dollars would not be protected by against fraud, including CalPERS, CalSTRS, UC funds and government subcontractors.

AB 1217 (Monning) – Requires the Ocean Protection Council to develop and implement a voluntary sustainable seafood promotion program.

AB 1319 (Krekorian) – A comprehensive consumer protection bill to stop abusive and deceptive practices in the entertainment, talent, and modeling industries that sets guidelines under which legitimate businesses can operate, alerting consumers to dishonest business practices and by providing law enforcement with the tools necessary for investigation and prosecution. AB 1319 does not affect legitimate talent agents or talent managers who earn money strictly through commissions and do not charge their clients advance fees. This new law ensures that talent listing services are providing accurate information to clients, requires that talent services maintain records and supporting proof and documentation and updates and revises consumer protection statutes created a decade ago. This law is strongly supported by a broad coalition of law enforcement, labor, industry leaders, and consumer protection organizations.

AB 1390 (Blumenfield) – Keeping children safe at school must be a top priority. Nationwide, 357,000 students are expelled or suspended for gun and other incidents annually. Many of these events are not reported to local law enforcement, depriving police of information that helps them track gang violence and take preventive action. This bill will close this loophole by requiring school personnel to report serious campus crimes to local police.

AB 1398 (Blumenfield) – California is the birthplace of the high tech industry, yet current law still contains a prohibition on school districts’ spending funds to purchase digital textbooks. This bill will remove this prohibition. This prohibition has meant that students have unnecessary back strain and health issues, that many students have access to only old and out of date textbooks and almost all students are missing out on the learning potential of interactive learning made possible in today’s information age.

AB 1422 (Bass) – Due to the state’s fiscal crisis, and the resulting General Fund reductions, the Managed Risk Medical Insurance Board (MRMIB) requires approximately $196M to support the Healthy Families program. AB 1422 extends the 2.35% gross premiums tax to Medi-Cal managed care plans until January 1, 2011. Extension of this tax will generate approximately $157M, which in turn will generate approximately $97M in additional federal matching funds for the Healthy Families Program. AB 1422 ensures the solvency of the Healthy Families program and that it will not have to disenroll almost 600,000 children. (Effective upon signature by Governor)

AB 1465 (Hill) – Helps California meet its drought and water shortage challenges by ensuring that urban water suppliers that are members of the California Urban Water Conservation Council are in compliance with the Urban Water Management Planning Act.

AB 1494 (Eng) – This bill strengthens the state’s open government meeting laws by preventing a member of a state board or agency from holding individual meetings with a majority of members behind close doors to work out an agreement on an agenda issue before that board or agency.

California Personal Injury Attorney Norman Gregory Fernandez

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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

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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

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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

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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.

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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.

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