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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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By Norman Gregory Fernandez, Esq. | October 30, 2009
Topics: Car Accidents,
Crime,
Editorial,
Hit and Run Accident,
Insurance,
Motorcycle Accidents,
News,
Off Topic Articles,
Other Motor Vehicle Accidents,
Personal Injury,
Truck Accidents,
Van Accidents,
Vehicle Passenger Accidents
On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.
This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.
As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?
This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.
Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.
I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.
What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.
Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.
This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!
By California Personal Injury Attorney, Norman Gregory Fernandez, Esq., © 2009
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By Norman Gregory Fernandez, Esq. | October 29, 2009
Three people were killed in a head-on crash Wednesday afternoon on Highway 46 north of Bakersfield. Friday, four people were killed in an accident on the same highway.
The accident happened at about 2:53 p.m. on Highway 46 just east of Wildwood Road. That’s between Wasco and Interstate 5, not far from Wasco State Prison and the Wasco Valley Rose golf course.
California Highway Patrol officer Robert Rodriguez said a small Toyota was attempting to pass another car on the two-lane road. When the driver of the passing car realized he didn’t have enough room, he tried to get back into his lane, but lost control.
The Toyota slammed head-on into a Dodge Ram pickup, Rodriguez said.
All three people in the Toyota were killed instantly, he said. The driver of the pickup was taken to Kern Medical Center with moderate injuries.
On Friday, one car passing two trucks slammed head-on into another car, killing two people in each.
Highway 46 is sometimes known as “Blood Alley” because there have been so many accidents. It is two-lanes in most places between Highway 99 and Paso Robles.
California Wrongful Death Lawyer and Bakersfield Car Accident Attorney Website
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By Norman Gregory Fernandez, Esq. | October 28, 2009
A deadly accident in Kern County claims the lives of two Los Osos, California residents.
The California Highway Patrol said 62-year-old Shirlene Soto and her husband, 84-year-old Walter Elliott, were among the four people who died in a car crash on Highway 46 east of Highway 33 Friday morning.
The CHP said a man driving a Chevy on the eastbound lane tried to pass a tractor trailer, when he collided head-on with the vehicle Soto and Elliott were riding in.
They say Soto and Elliott died on impact. The 25-year-old man driving the Chevy, and his one-year-old passenger were also killed on impact. Another passenger in the Chevy suffered major injuries.
Family members said Soto and Elliott were both former Cal Poly professors. Soto later worked for California State University Northridge, and Elliott worked for Rocketdyne.
A family member released a statement: “They were both extremely cheerful, energetic people who loved life, friends, and family.”
Kern County Wrongful Death Attorney and Car Accident Attorney
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By Norman Gregory Fernandez, Esq. | October 26, 2009
The California Highway Patrol says 51-year-old Nancy Simmons, of Santa Maria, has died in a motorcycle accident.
The CHP says she was a health technician at Santa Maria High School.
The accident happened on Northbound Highway 101, near the Santa Maria River Bridge, just after 11:30 a.m. Saturday.
The CHP said four motorcycles were traveling Northbound, when a pickup truck pulling a trailer, began to merge onto the highway.
Simmons was a passenger, and was riding with her husband, 52-year-old Ben Simmons.
The CHP said he tried to pass the pickup truck, but lost control as traffic began to also slow down.
Simmons was taken to the hospital where she died from her injuries. Ben was also taken to the hospital, and was treated for minor injuries.
Investigators say it was just an unfortunate accident. They were going the speed limit, and both were wearing their helmets.
“I went to run out to see if I could help and I saw her lying there,” said J.P Weddle, who witnessed the accident. “And I realized there’s nothing I could do other than just to try to get an ambulance out here,” said Weddle.
Ben Ruth, with the California Highway Patrol, said “Everyone needs to be reminded that they need to give themselves a safe space cushion in between vehicles, so that if another vehicle reacts to something, that person is able to come to a stop.”
The CHP closed down the highway for about half an hour.
Santa Maria Motorcycle Accident Attorney and Wrongful Death Lawyer
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By Norman Gregory Fernandez, Esq. | October 20, 2009
Ontario – California
A school bus carrying about 15 students crashed into a tree after it was hit by a vehicle that ran a stop sign, according to the California Highway Patrol incident log.
None of the child passengers were hurt, CHP dispatchers said, but the bus driver was injured.
The traffic collision, which blocked the intersection, happened about 4:05 p.m. near San Antonio Avenue and Phillips Street in Ontario, California.
Ontario police officers detained one person and later made an arrest, but no other information was available.
In my personal experience, kids usually do not feel aches and pains immediately after an accident such as this, especially on a school bus. I hope that the kids are all uninjured.
If you or your family have suffered an injury in a school bus, or other type of motor vehicle accident anywhere in California, you may call our California Accident Hotline for a free consultation at 800-816-1529 ext. 1.
Ontario, California Bus Accident and Ontario, California Car Accident Attorney
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By Norman Gregory Fernandez, Esq. | October 18, 2009
Los Angeles – California
The crash occurred at the intersection of Venice Boulevard and Glyndon Avenue around 12:20 a.m. All three accident victims were transported to hospitals.
“The two officers are still at the hospital being treated for their injuries, but I don’t know their current condition,” Lt. Paula Kreefft, a watch commander at the Los Angeles Police Department’s Pacific Division, said before dawn. She said the accident was not a result of a police pursuit or response to a call for service.
Officer John Farish of the LAPD’s West Traffic Division, which was investigating the crash, said the squad car was traveling on Venice Boulevard “when a woman tried to enter onto Venice from Glyndon Avenue, where there is a stop sign.”
“The final report will have to sort out who was at fault,” he said
It appears to me that based upon the description, the woman entering the intersection was probably at fault, and the officers who were injured will not only be able to file a California Workers Compensation claim, but also a personal injury action against the woman who entered the intersection.
They should contact an attorney such as me immediately.
If you have had a car accident anywhere in California you may call my California Personal Injury Hotline at 800-816-1529 ext. 1.
Los Angeles California Car Accident Attorney
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By Norman Gregory Fernandez, Esq. | October 11, 2009
Tecate, California –
A 42-year-old woman from La Mesa was crushed to death by a bus while riding on the back of a motorcycle on a steep, winding grade just northeast of the Tecate border crossing with Mexico on the California side in Tecate, California.
Debra Louise Allen, 42, of La Mesa, was on the back of a 2003 Harley Davidson motorcycle at about 10 a.m. Saturday when the crash occurred on Highway 94 just east of the Tecate junction, according to a report by the medical examiner.
The motorcycle was passing the bus on the winding hill and hit it while moving back into the lane, said a California Highway Patrol dispatcher.
Allen was run over and crushed, and the driver of the motorcycle was pushed to the side of the road. His name was withheld, and the CHP did not have the extent of the driver’s injuries.
The bus was operated by a private charter company and was transporting people detained by federal immigration agents. The bus driver told CHP officers the motorcycle’s driver had cut him off.
California Motorcycle Rider, and Passenger, Accident and Wrongful Death Attorney and Lawyer
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By Norman Gregory Fernandez, Esq. | October 9, 2009
Driver Quintin Joey Watts faces a maximum of 76 years in prison for his role in the gambler’s special bus crash that killed 11 passengers on their way to Colusa Casino Resort last year.
A jury of six men and six women deliberated for three hours Thursday before convicting Watts of 11 counts of gross vehicular manslaughter and 21 counts of causing great bodily injury, stated the Colusa County District Attorney today.
“I believe this is the first case in California of gross vehicular manslaughter based strictly on sleep deprivation,” said the DA. “There was no alcohol, no drugs, no medication in his system, it was simply exhaustion.”
Watts, 53, had slept no more than three or four hours in the 27 hours prior to the Oct. 5, 2008 Sunday night crash on a rural road, the DA said.
Watts repeatedly told investigators, “I was hecka tired,” the DA stated.
“On the day before the accident, he got up at 4:40 a.m. and didn’t go back to bed until 4 a.m. and got up an hour or two later,” stated the DA.
Watts was on his third casino run in a day-and-a-half when he fell asleep at the wheel, three witnesses said.
One was Chouangseng Saechao, 48, “who was very badly hurt and had almost every bone broken in her body,” stated a case worker at Lao Family Community Development who is helping some of the 23 passengers who were injured in the crash.
“I’m happy he’s been convicted and will be in jail forever, but I feel very sad I have to carry this injury forever,” Saechao said through her case worker. “Any bus driver has to be checked and has to be a good driver.”
The California Legislature has passed The Charter Bus Safety Act, AB636 — sponsored by Assemblyman Dave Jones (D-Sacramento) — which will revoke operating permits of bus companies operating without proper permits or qualified drivers. The bill will suspend unlicensed bus drivers for five years.
Watts had a commercial driver’s license but did not have the proper DMV certificate to allow him to drive a bus with 10 or more passengers, said a spokeswoman for Jones. “And the bus company was registered as non-operational, even though the bus in the crash was still being used,” she said.
“The tragic loss of 11 of my constituents to a rogue bus operator demonstrates the need for the ‘one strike and you are out’ approach,” Jones said. “I have no patience for those who undercut the process, thumbing their nose at regulations, and making California roads unsafe for us all.”
Gov. Schwarzenegger has until Oct. 11 to sign or veto the bill.
California Bus Accident Attorney
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By Norman Gregory Fernandez, Esq. | September 30, 2009
You may have read an article we wrote below about a fatal accident involving a family test driving a lexus and allegations that there may have been a defect that caused the accident.
Federal investigators have said of the 102 accidents caused by stuck gas pedals on Toyota vehicles, there are four possible causes involving the floor mats: The mats are too long or too thick, they weren’t properly secured, the gas pedal design is flawed or the floor geometry is defective.
The wide array of causes presents a challenge to Toyota engineers who are trying to come up with a way to fix the problem that is leading to a recall of 3.8 million vehicles, including the Camry, the top-selling car in the U.S.
“We’ve evaluated a number of different years, makes and models of Toyota and don’t believe that there is a one-size-fits-all answer as to why these incidents are occurring,” said National Highway Traffic Safety Administration spokesman Rae Tyson on Tuesday. “I think Toyota is going to have a challenge on its hands to come up with a remedy that is going to address the problem.”
Toyota spokesman John Hanson acknowledged the problem is more complex than vehicle floor mats alone, but involves the way the floor mat interacts with other parts of the vehicle.
“Other factors may be coming into play here,” he said. “That’s why we feel that probably the remedy could be different from vehicle to vehicle.”
On Tuesday, the Japanese automaker issued a safety advisory urging owners of 3.8 million car and trucks — including popular models like Camry, Prius and Tacoma — to remove driver-side mats. It wants drivers to watch out for loose or incorrect mats that could slide out of position and cover pedals.
Toyota is still studying the problem. Once it comes up with a fix, it will issue a recall of the models. It will be Toyota’s largest-ever U.S. recall, accounting for about 15 percent of all the automaker’s vehicles on U.S. roads, the company said.
The safety advisory was prompted by an accident last month killing four people near San Diego. In that incident, a floor mat trapped the gas pedal on a 2009 Lexus ES 350, causing it to accelerate out of control, strike an SUV, launch off an embankment, and burst into flames.
NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. The problem has led to 13 crashes, 17 injuries and 5 fatalities in Toyota vehicles, according to NHTSA.
Toyota’s warning affects the following vehicles:
2007-2010 model year Toyota Camry;
2005-2010 Toyota Avalon;
2004-2009 Toyota Prius;
2005-2010 Tacoma;
2007-2010 Toyota Tundra;
2007-2010 Lexus ES350; and
2006-2010 Lexus IS250 and IS350.
If you, your family, or friends have been in a Toyota vehicle, and had the accelerator stuck resulting in an injury accident in the State of California, you may be entitled to compensation, under California product liability laws.
Please call our Personal Injury Hotline at 800-816-1529 or click here now.
By California Product Liability Attorneys
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By Norman Gregory Fernandez, Esq. | September 27, 2009
Santa Rosa – California
A California Highway Patrol cruiser spun out of control and struck a pickup truck, critically injuring the driver, on Highway 12 just east of the Highway 101 interchange in Santa Rosa Saturday night, the CHP said.
Officer Blair Hardcastle took evasive action when a motorcycle merged onto the highway from the Maple Street onramp about 6:30 p.m., driving partly onto the dirt center strip, Sgt. Kevin Mensior said.
The motorcycle crossed over to the fast lane in front of Hardcastle, who was responding to a call with lights and siren activated, Mensior said.
The cruiser spun across both lanes, struck the guardrail and hit the pickup, a 1991 Chevrolet Silverado driven by Cynthia Mae Dempsey, 44, of Santa Rosa. The pickup rolled over onto its roof, the CHP said.
Dempsey, who sustained a forehead cut and an injury to the right side of her head, was transported to Santa Rosa Memorial Hospital, the CHP said.
Dempsey was in surgery late Saturday and was listed in critical condition, a hospital spokeswoman said.
Officers said they had not determined if Dempsey was wearing a seatbelt.
The motorcyclist, Justin Lee Oliver, 36, of Santa Rosa was not injured and his bike, a 2000 Kawasaki ZR-Z, was not struck.
Mensior said no citations or arrests had been made, and that the accident was still under investigation. A special accident investigation team was en route to the scene at 9 p.m.
Alcohol was not involved, Mensior said.
Westbound traffic on Highway 12 was detoured off the highway onto side streets from Farmers Lane to Santa Rosa Avenue. Officials said the detour might last until midnight.
Hardcastle sustained scrapes to the forearm, likely from his airbag deploying, the CHP said. His cruiser was totaled.
Santa Rosa Truck Accident, Car Accident, Motorcycle Accident Attorney Website
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