What You Should Do when You are in a Car Accident

Helpful Guide On What Do When You are Involved in a Car Accident

Car accidents: Nobody really wants to be in one. In Southern California, the chances in being in a car accident are huge. The freeways and streets of Southern California are often congested with traffic and by distracted and careless drivers. In the event you happen to meet up with one of these types of drivers “by accident” what should you due in case of a car accident.

Here are some tips when you are involved in a car, motorcycle or truck accident while driving on the streets or freeways of California:

1. Remember, if possible, pull over to the shoulder of the road or somewhere safe in order to exchange information. You want to do that as soon as possible. You want to be careful not to drive too far away from the scene so that nobody can claim you were trying to leave the scene of the accident. If in fact there is an emergency (for example, serious car damage or somebody is hurt or injured), then call 911 for emergency assistance.

2. Be polite. Exchange your identification, driver information and insurance information. That’s about all you need to do. Don’t get into the details of the accident much with the other driver.

3. Never admit you were at fault. Sometimes there is more to the story of an auto accident than meets the eye. Was the other driver speeding? Was the other driver using his or her cell phone while driving? Was the other driver distracted for some reason (kids or pets in the car that may have distracted the driver)? There can be other factors that you may not be aware of that could have contributed to the actual auto accident. Again, it is generally enough to just exchange information rather than try to figure out whether you or the other driver caused the car, motorcycle or truck accident.

4. If you are hurt in anyway, seek medical attention. Call the police from the scene so that they can assist with the investigation of the accident and so they can assist you with getting emergency medical assistance at the scene. Even If you decline to receive emergency medical attention at the scene, the police can at least note the fact that you had complaints of pain or discomfort in a police report. This notation keeps a record of the fact you did complain of injuries, especially when a representative for an insurance company doubts that such an injury event did occur.

5. Be wary of an insurance company representative calling you on behalf of the other driver. Even if the accident is not your fault, an insurance company representative or adjuster for the other driver will want to confirm what occurred in the accident with the hope of using some fact for its advantage. Although insurance companies have taken positive strides to handle insurance claims fast and effectively, insurers still have their interests in mind over that of a person making a claim against them. Be especially careful when an adjuster or representative wants to make an in-person quick settlement offer to pay you for any kind of injury you claim you have. Some insurance companies may offer an initial up front settlement offer along with a promise to pay your future medical bills as long as you agree to sign a settlement release that promises to pay those future medical bills up to a certain amount (for example $2000 or $3000 for medical bills). Those releases also say that the injured person promises to give up his or her right to make a claim for pain and suffering in exchange to receive that future medical benefit. Sometimes the value of an award or compensation for pain and suffering is worth more than a promise for future medical benefits. The point to remember is that you do not have to agree to any injury settlement offer that is made within days of a car accident. It is best to make certain from your medical doctor or providers the extent of your injury before you decide to accept a quick upfront settlement offer from an insurance company representative of the other driver.

6. Consult with an experienced auto injury accident attorney. Injury attorneys often know the tactics used by insurance companies to avoid paying what really is fair and reasonable for damages caused by someone at fault. Injury attorneys can monitor the progress of an auto injury claim, as well as to get an insurance company to make a decision quickly. Some insurance companies often delay the investigation, or are too backlogged in which to move the claim handling process for the repairs of your car, or for payment of your rental expense while your own car is in the repair shop. Injury attorneys can also make sure you are able to get the medical treatment you need for your injuries, and while your injury claim is in process. Injury attorneys can often negotiate an injury settlement on your behalf after they have submitted all your medical reports and bills to an insurance company. In the event an insurance company is not willing to fairly negotiate a settlement for an injury claim, an experienced auto accident attorney can then file the necessary legal documents in court in order to begin the litigation process for an injury claim.

The Gonzalez Law Firm, Attorney David Gonzalez, has well over 20 years handling auto injury/personal injury claims. He has earned his clients substantial injury compensation settlements and awards in the millions over his many years of handling auto injury accidents. Call him to schedule an appointment in order for him to put his years of experience to work for you. You will receive personal and professional attention. He can assist you during such a stressful time. Car accidents can be stressful. You can lose time from work or lose money because of medical expenses that you did not foresee. Mr. Gonzalez will make certain that you are treated fairly by an insurance company. He serves the Orange, Los Angeles, and Riverside Counties of Southern California. He can even meet you where you live if it is necessary. His clients come from all cities such as Santa Ana, Anaheim, Fullerton, Whittier, Riverside or San Bernardino.

How do I Start or Open a Divorce Case in California?

How do I file for divorce in California?

Petition for dissolution of marriage

A person that wants to file for divorce in the State of California must file a Petition for Dissolution of Marriage with their local court that supervises divorce cases. The Petition for Dissolution of Marriage is a judicial council form. The form number is FL-100 and it is called the Petition-Marriage. The form has been approved by the Judicial Council for the State of California so it is a form that is required by all court located in California. The Petition is broken down into several categories and requests certain information such as where the person who is filing for divorce has lived in the last six months, statistical information concerning the marriage, the names, date of birth, and sex of any children that resulted from the marriage, property and/or debt information concerning separate property and community property, the reason a person is requesting a divorce, and requests that a person is seeking from the court. These requests involve the issues of custody, visitation, spousal support, property rights, and name change. The Petition does not allow a person to request child support, as that issue is an issue that a family law court always maintains jurisdiction or power over, and the family court will make an order for child support as long as the court has financial information from both persons in which to make such an order.

What information is requested on the petition for divorce?

The items listed in the Petition are very important, and must be answered carefully. If a person fails to mark or indicate certain information in the Petition (for example, a person forgot to mark that she wants to seek spousal support), a court may decide not to make any order concerning that issue because of the person’s failure to ask for it in the Petition. The person filing for divorce may then need to file an amended petition in order to get that a missing issue before the court.

The Petition is usually filed along with the Summons-Family Law, Form number FL-110, when a person opens a divorce case. Many courts in California will not accept the Petition if it is not properly filed with the Petition.

If you are thinking of filing for divorce, it is best to seek an experienced family law attorney such as the Gonzalez Law Firm. Attorney David Gonzalez can properly protect your legal rights during a divorce proceeding or case. Contact him at 714-992-5217. His firm provides legal services at competitive and reasonable legal fees. His firm represents many clients whose cases are before all courts in all Orange, Riverside, San Bernardino, and Los Angeles counties in the State of California.

Parent & Teen Relationships: Communicating Expectations and Values to your Teenager

A perspective from Attorney David Gonzalez of the Gonzalez Law Firm located in Orange County, California and who regularly practices in the fields of juvenile crimes/delinquency hearings, adult criminal cases, and family law matters like child custody and divorce.

In 2013, headlines in the news and social media told of stories involving children and teenagers engaged in disruptive behaviors and crimes. Take for instance teenager, Charles Williams, who was arrested and now faces trial for a shooting spree that occurred at Santana High School in California. Another example is the notorious Oklahoma case involving three teenagers of which two are accused of killing a baseball player and the third stands accused of being an accessory to murder for helping his two teenage friends.

Many parents have sent their children to school this year with hope that their children will achieve academic success. Some may achieve it, and some may not. Some teens will form positive relationships with their peers. Some will also make positive choices that embolden their future. However, there will be teens making choices that may have negative consequences affecting them and their future. Parents who have a teenager leaning towards engaging in socially disruptive behaviors or crimes may not know what to do in order to help their teenager avoid making a negative choice. The following suggestions may assist such parents.

Knowledge

Parents need to know their teenager’s circle of friends, social media connections, passwords for all websites and electronic gadgets, and viewing history on computers. The adage of who your teenager hangs out with is what he or she may become still rings true today as it did in the past. Is your teen hanging out with teens that are part of or have ties with a tagging crew? Is your teen involved in sports with other teens of like mind and discipline? Is your teen posting on social media sites geared more toward adults? Is your teen chatting with others who live outside his or her hometown, city or state? Parents may not realistically be able to know all social media connections or websites or all friends that their teenager is involved with; however, the more that parents know the better they will be able to structure the extent of their teen’s social involvement with others and other peers. Knowledge is power, and parents with such power can communicate their expectations to their teen as it relates to their friendships and social relationships.

Communication

Parents need to communicate to and with their teen as to their expectations when it comes to chores, school and work, and life in general. Parents need to communicate boundaries and set reasonable rules or guidelines with their teens. If, for example, a curfew is set for a teenager, that teen must be told when he or she is expected to return home after being with friends. Experience has shown when a teenager is questioned as to why he or she is or has engaged in certain behaviors more often than not the teenager will reply that he or she was never told specifically that such a behavior was not acceptable.

Encouragement

Along with communicating boundaries with teenagers, parents need to provide positive encouragement to their teens. Parents need to build a relationship with them. Teenagers still need affection, love, encouragement and comfort from their parents. If parents seem to struggle with providing such emotions to their teens, it is imperative that such parents seek counseling immediately in order to learn ways in which to provide such encouragement to their teens. Teenagers still need to know that they have value in the minds and hearts of their parents. If teenagers sense that their parents do not place high value on them, they will seek value or affection elsewhere from such things as inappropriate relationships, gangs, crews, or from the use of alcohol or drugs in which to deal with the lack of value or affection they are missing from their parents. Teenagers want and need affection from their parents. They need to know they are esteemed and wanted. They need to have a sense of belonging.

Parenting Is Not Easy But Is Rewarding

Parenting is never an easy job, but it can be very rewarding. Parents can help themselves by seeking the advice and support of mentors, friends, neighbors, pastors, community organizations, or counseling when the task of rearing their teens becomes overwhelming. When parents make their teens their priority, it may then be possible to stem the tide of juvenile delinquency.

David Gonzalez

Family Law Attorney in Fullerton

Restraining Orders Can Be Obtained Against Former Lovers Who Can't Accept the End of the Relationship

Helpful Tips Regarding Restraining Orders

As Valentine’s Day approaches, many lovers will be out preparing to surprise their loved ones with gifts, dinners, chocolates, and roses. But what about the scorned lover, the person that believed their relationship was the “right one” the “soul mate of my life has been found”, what if that person just can’t accept that his or her romance with that special person is in fact over and done.

Failing to accept the ending of the relationship, the scorned lover continues to revive the relationship with his or her former lover by turning to the following behavior: constant calls, notes on windows, showing up at the former lover’s residence unannounced and uninvited, staying outside the former lover’s residence within eyesight and refusing to leave, sending emails begging forgiveness, and leaving sexually laced messages in order to spice things up again. Although the scorned lover may not in any way have physically abused the former lover, is the scorned lover’s behavior enough for a family law court to issue a restraining order against the scorned lover?

The answer is, well, yes. The California Court of Appeal, in the Second District, ruled recently as of February 11, 2014, and just a few days shy of Valentine’s Day, that a person may exhibit conduct enough to fall under the category of disturbing the peace of another as defined by the California Domestic Violence Prevention Act (“DVPA”). The appellate judges in Burquet vs. Brumbuagh (Opinion B248031), a court case coming from the Los Angeles County Superior Court, reasoned that Mr. Brumbuagh’s (here the scorned lover) continual messages to Ms. Burquet that he loved her and wanted her back, his leaving messages filled with sexual innuendos, his showing up to her home uninvited and refusing to leave when asked to do so, and his apparent inability to accept from her the fact that she was not interested in him anymore and wanted him to stop contacting her was enough evidence to hold that his behavior fell under the category of abuse and disturbing the peace for purposes of issuing a restraining order under the DVPA. The appellate judges further ruled that Ms. Burquet did not need to demonstrate any type of violence committed by Mr. Brumbaugh toward her in any way. It is worthy to note that his behavior continued for a period of months, in fact five months.

So as Valentine’s Day arrives, let the lovers bring their chocolates, exchange their special cards, eat and dine at their favorite restaurants, order the best wines, reminisce about that time “when you had me at hello”, and let each believe the other is their soul mate. But beware the scorned lover who just can’t face the facts of finality when a romance is over, dead, and no longer able to be resurrected.

If you have questions regarding a restraining order, please contact me to discuss the specifics of your case and how I may be able to help you.

David Gonzalez

Restraining Orders Attorney in Fullerton

What is an "assault with a deadly weapon" charge in California?

California Penal Code Section 245 is the section that defines assault with a deadly weapon or force likely to produce great bodily injury. Section 245 also defines the various punishments given if a person is convicted of that charge.

Penal Code Section 245(a)(1) states that any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000 or by both the fine and imprisonment.

To prove someone guilty of a charge of assault with a deadly weapon, the prosecutor for the state must show that the person did the act with a deadly weapon that by its nature would directly and probably result in the application of force to a person. The prosecutor must also show that when the person acted that she or he had the present ability to apply force likely to produce likely to produce great bodily injury with a deadly weapon to a person. The term force or application of force means to touch a person in a harmful or offensive manner. Slight touching can be enough if it is done in a rude or angry way. Even making contact with another person, including through his or her clothing, can be enough. The touching does not have to cause pain or injury of any kind.

A deadly weapon is any object, instrument or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause death or great bodily injury.

A defense to assault with a deadly weapon can include self-defense or defense of others. Whenever you or someone you know is charged with an assault with a deadly weapon it is important that you contact the David Gonzalez Law Firm in order to get immediate legal help with this serious criminal charge. If you are contacted by any law enforcement officer requesting that you speak with such authority, you must remember that you have a legal right to remain silent. Although you may be told by such law enforcement that your speaking or discussions with them will help you to prevent harsher legal consequences, experience shows that law enforcement will use anything you say voluntarily against you when you end up being charged with assault with a deadly weapon. Speak only to Santa Ana Attorney David Gonzalez by calling his office and arranging for a confidential consultation. Call now and retain the experience of a criminal defense attorney. The Gonzalez Law Firm helps all clients with criminal charges in all counties throughout the State of California.

~ David Gonzalez