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	<title>barrier &amp;laquo; WordPress.com Tag Feed</title>
	<link>http://en.wordpress.com/tag/barrier/</link>
	<description>Feed of posts on WordPress.com tagged "barrier"</description>
	<pubDate>Wed, 23 Dec 2009 17:44:24 +0000</pubDate>

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<title><![CDATA[How to save Cool Off Your Attic with Radiant Barrier and money to start]]></title>
<link>http://diyrelocating.wordpress.com/2009/12/23/how-to-save-cool-off-your-attic-with-radiant-barrier-and-money-to-start/</link>
<pubDate>Wed, 23 Dec 2009 16:39:15 +0000</pubDate>
<dc:creator>polish</dc:creator>
<guid>http://diyrelocating.wordpress.com/2009/12/23/how-to-save-cool-off-your-attic-with-radiant-barrier-and-money-to-start/</guid>
<description><![CDATA[It starts to get cooler outside, so now is the best time over which you speak your attic cool all ye]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p> It starts to get cooler outside, so now is the best time over which you speak your attic cool all year round. How do you want to lower your attic temperature of 20 degrees in the summer? This could be 30 degrees in the southern U.S. </p>
<p> Whether you are building a new house or an existing home, am, I want you the benefits of an attic radiant barrier. </p>
<p> I would like to ask you three questions. </p>
<p> 1. In the summer, what is the hottest part of yourHouse? </p>
<p> 2. Where is your line is located? Attic or crawl space? </p>
<p> 3. Why would it in the attic? (For 90% of it in the attic, right?) </p>
<p> During the consultation on the new home construction, we do not advise people to make the pipes in the attic. You can guarantee your cooling loads by as much as 20% lower only by the wires from the attic. Now I know that is not always possible, so we recommend placing the wires directly on the ceiling beams and celluloseInsulation. This, together with an attic radiant barrier provides a highly efficient heating and cooling system. </p>
<p> For existing house building, we recommend an attic radiant barrier, either clinging to the underside of the rafters, or cover your attic insulation like a blanket. </p>
<p> With attic radiant barriers is not a new concept. It has been around since 1960. Decided in 1999, Doug Rye Tech Shield radiant barrier roof covering a model for home use. The developer has his doubts, but Douginsisted on using tech Shield. After it was installed, was the builder sold it. It was summer and he found that it significantly cooler work inside the unfinished house that was once installed the radiant barrier, when he was outside. </p>
<p> Since then we have story after story, one as radiant barrier reduces the temperature of a house during construction. We have heard stories from the author, where they would prefer to have lunch inside the house because it is colder than outside. TheAuthor works next door to lunch with them because it cooler. </p>
<p> The radiant barrier roofing product is manufactured by a process, a thin, yet durable sheet of aluminum foil on the surface of OSB board laminates. When the sun is a roof, the radiant energy from the sun strikes the roof is heated and the heat radiates into the attic. </p>
<p> 50% -75% &#8211; Radiant Heat Loss </p>
<p> Radiant barrier prevents up to 97 percent of radiant heat radiates into the roof into the attic. ThanThis can lower the attic temperature by 30 degrees. And in the American South, where temperatures reached 95 degrees and the fact that a big difference! </p>
<p> For years we have not always told homeowners to put the wires on the ground and it&#39;s still good advice. But if your lines are located in the attic, I recommend installing a barrier, the radiant floor is available in most hardware stores. </p>
<p> By reducing temperatures in the attic, it takes a lot of heat from theLines, which means your air conditioning is not as hard work, and you&#39;ll also save money on your energy bill. And of course you also need a lot of cellulose insulation in the attic to keep heat from radiating into the living areas of the house. I will cover cellulose insulation in a future issue. </p>
<p> The most commonly affecting people over attic radiant barrier has to do with the temperature of the shingles of the roof. They want to know whether it damaged the roofShingles by being too hot. Well, the answer is no. </p>
<p> Attic radiant barriers do not melt the shingles. A study in Florida found the measured temperatures of roof shingles above radiant barriers and that the peak temperatures are only 2 to 5 degrees when the temperature of the shingles on the roofs without radiant barriers. </p>
<p> For existing house construction, a thin, can easily be installed radiant barrier. The radiant barrier is either attached to the underside of theRafters or the ceiling insulation laid. This barrier is spotless clean, easy to use and requires no special tools or clothing. </p>
<p> A radiant barrier is in most home improvement centers for around 60 cents per square meter are available. </p>
<p> Until next month, safe and God Bless! </p>
<p> Phillip Rye <br /> http://www.philliprye.com </p>
<p> <a href="http://diyremodeling.wordpress.com/" rel="dofollow" title="diyremodeling.wordpress.com">diyremodeling.wordpress.com</a> </p>
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<title><![CDATA[Belize Has Various Cultures]]></title>
<link>http://veryhardest26.wordpress.com/2009/12/21/belize-has-various-cultures/</link>
<pubDate>Mon, 21 Dec 2009 13:00:58 +0000</pubDate>
<dc:creator>veryhardest26</dc:creator>
<guid>http://veryhardest26.wordpress.com/2009/12/21/belize-has-various-cultures/</guid>
<description><![CDATA[Belize is bounded on the North by Mexico, South and West by Guatemala and the beautiful Caribbean Se]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>Belize is bounded on the North by Mexico, South and West by Guatemala and the beautiful Caribbean Sea wash its 174 mile coastline to the East.</p>
<p>Belize is a country of various cultures, languages, and ethnic groups. Approximately 270,000 people in Belize consist of Creole, Garifuna, Mestizo, Spanish, Maya, English, Mennonite, Lebanese, Chinese, and East Indian. Due to racial harmony and religious tolerance, all of these different elements have mixed and blended successfully, and Belize has gained a widespread reputation for its friendly peoples.</p>
<p>One of the most prominent ethnic groups is the Creoles, which formed 30 percent of the population in 2001. Creoles are descendants of the intermingling of the early British settlers with African slaves.</p>
<p>More than 40 percent of the population is Mestizo. They are descendants of mixed blood Mexicans and Yucatec Mayans who fled from the Yucatan in the mid 1800s. Another 6 percent of Belizes population are the Garifuna. The Garifuna have their own language and culture. The Yucatec, Mopan, and Kekchi are three Amerindian groups which also make up Belizes population. The Chinese, with a population of 6,000 have made distinct communities, as well as the East Indians and the Mennonites.</p>
<p>English remains the most common language spoken followed closely by Creole, but Spanish is becoming more widely spoken. The Garifuna, Mayas, and Mennonites each speak their own language.</p>
<p>The cayes, the offshore atolls, and the barrier reef are on of the main attraction to Belize. The barrier reef, which is 185 miles long, is the longest in the Western Hemisphere. The cayes are islands that are located between the mainland and the barrier reef, on the barrier reef and on or within the barrier reef perimeters of the offshore atolls.</p>
<p>Although the mangrove cayes are normally uninhabitable by humans, they do provide a superior habitat for birds and marine life. Many birds, fish, shellfish, and marine organisms begin their lives within the protection of the mangrove. On the other hand, the island cayes, which are distinguishable by their palm trees, have provided the foundation for the development of many fine resorts to serve the water sports enthusiasts and the marine naturalists. </p>
<p>The cayes and atolls provide superior opportunities for SCUBA diving, snorkelling, fishing, boating, sailing, kite boarding, and sea kayaking, as well as habitat for both nesting birds and turtles. </p>
<p>The northern half of the mainland of Belize is a plain that was once the bed of the sea. The land is covered with a thin layer of soil that supports scrub vegetation and dense hardwood tropical forest. </p>
<p>The coastal area is neither land nor sea, but a sodden, swampy transition between the two. It consists of mangrove and grasses, and is bordered by tussock grasses, cypress, and sycamore where the land separates the water. </p>
<p>The central part of Belize consists of sandy soil that supports large savannas.</p>
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<title><![CDATA[Acoustic Barrier in Rishon LeZion.(in process)]]></title>
<link>http://alexpol.wordpress.com/2009/12/20/acoustic-barrier-in-rishon-lezion-in-process/</link>
<pubDate>Sun, 20 Dec 2009 23:00:13 +0000</pubDate>
<dc:creator>alexpol</dc:creator>
<guid>http://alexpol.wordpress.com/2009/12/20/acoustic-barrier-in-rishon-lezion-in-process/</guid>
<description><![CDATA[In most cases acoustic walls dividing area on two no communicated half. It’s  form some dead area ne]]></description>
<content:encoded><![CDATA[In most cases acoustic walls dividing area on two no communicated half. It’s  form some dead area ne]]></content:encoded>
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<title><![CDATA[GOING TO CHURCH WITHOUT SOCKS]]></title>
<link>http://propheciesofrevelation.wordpress.com/2009/12/19/going-to-church-without-socks/</link>
<pubDate>Sat, 19 Dec 2009 10:30:14 +0000</pubDate>
<dc:creator>propheciesofrevelation</dc:creator>
<guid>http://propheciesofrevelation.wordpress.com/2009/12/19/going-to-church-without-socks/</guid>
<description><![CDATA[Galatians 3:26, Galatians 4:3 Do not hold the faith of our Lord Jesus Christ, the Lord of glory with]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>Galatians 3:26, Galatians 4:3</p>
<p><span style="color:#800000;"><strong>Do not hold the faith of our Lord Jesus Christ, the Lord of glory with partiality.</strong></span> James 2:1</p>
<p>In his Prison Fellowship newsletter, Chuck Colson tells of a pastor who was putting the final touches on his sermon early one Sunday morning when he heard a knock on his study door. There stood three ragged boys who had received gifts from church members. Their home was ravaged by drugs and prostitution. They had never been in a church before and wanted to look around. So the pastor gave them a quick &#8220;tour.&#8221;</p>
<p>Fifteen minutes later they were back, asking what time the service started. &#8220;Can people come to your church if their socks don&#8217;t match?&#8221; asked the oldest. The pastor assured them they could. &#8220;What if they don&#8217;t have any socks?&#8221; Again, the pastor reassured them, &#8220;That&#8217;s good,&#8221; said the boy, &#8220;because my socks don&#8217;t match, and my little brother hasn&#8217;t any.&#8221; That morning those boys came to church and were warmly welcomed. Since then the church has helped the entire family.</p>
<p>Just as the gospel is open to everyone, everyone should feel welcome in our churches. Wealthy and poor, child and aged, police officer and ex-con, handicapped and athlete are all objects of Christ&#8217;s love. They are all potential members of His body. May there be no barriers in our churches nor in our hearts toward anyone! —dce</p>
<p><em>Lord, may some weary souls find rest because Your people took them in and helped them see the love of Christ that frees us from our guilt and sin.</em> —djd</p>
<p><span style="color:#800000;"><strong><span style="text-decoration:underline;">Poor is the church that values programs more than people</span>.</strong></span></p>
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<title><![CDATA[Inventive solutions with Landscaping Rocks]]></title>
<link>http://calandscaping.wordpress.com/2009/12/17/inventive-solutions-with-landscaping-rocks/</link>
<pubDate>Thu, 17 Dec 2009 02:57:20 +0000</pubDate>
<dc:creator>calandscaping</dc:creator>
<guid>http://calandscaping.wordpress.com/2009/12/17/inventive-solutions-with-landscaping-rocks/</guid>
<description><![CDATA[Many landscape designers choose landscaping rocks for a visual interest in a garden. Rocks come in a]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>Many <a href="http://www.calandscaping.net/">landscape designers</a> choose landscaping rocks for a visual interest in a garden. Rocks come in a wide choice of shapes and sizes, colors and styles. Often rocks are naturally present and already available at a landscaping site. These could comprise of outcroppings and large rock formations which are not feasible to remove and which a landscape designer has to work around to the best advantage. Many designers prefer to leave the rocks in situ following a more holistic approach. Using native rocks shows respect for local environment. Landscaping rocks are also commercially available fully prepared, cut and polished while others can be bought natural and untouched.</p>
<p><a href="http://www.calandscaping.net/">Landscaping rocks</a> are often used for more practical applications like creating a low wall, barrier or retention wall. They can also be used to line garden paths and flower beds, outline geometric patterns and for numerous varied applications governed by the ingenuity of the landscape designer. Using rocks is not merely for aesthetic reasons. Rocks enhance the water-efficiency of a garden by offering shelter and retaining it in the soil rather than allowing it to evaporate. Rocks are often a natural way to keep weeds under control.</p>
<p><strong>Landscaping Services in the Bay Area</strong></p>
<p><a href="http://www.calandscaping.net/">CAL Landscaping</a> uses natural and commercial rocks as a major tool its landscaping design projects. This Bay Area landscaping company has transformed and enhanced the values of many a property with ingenious landscaping solutions. Many of its projects are illustrated on its website at <span style="text-decoration:underline;"><a href="http://www.calandscaping.net/">www.calandscaping.net.</a></span></p>
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<title><![CDATA[Scuba Diving - Scuba Diving the Great Barrier Reef]]></title>
<link>http://bestofmywatch.wordpress.com/2009/12/12/scuba-diving-scuba-diving-the-great-barrier-reef/</link>
<pubDate>Sat, 12 Dec 2009 11:12:17 +0000</pubDate>
<dc:creator>jamescglenn1234</dc:creator>
<guid>http://bestofmywatch.wordpress.com/2009/12/12/scuba-diving-scuba-diving-the-great-barrier-reef/</guid>
<description><![CDATA[Scuba diving in Australia or &#8220;the land down under&#8221; as it is commonly called, is home to ]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>Scuba diving in Australia or &#8220;the land down under&#8221; as it is commonly called, is home to many wonders. Magical creatures that can not be found anywhere else in the world are part of the Australian allure, but these creatures are a small wonder compared to the many natural wonders that can be found in the waters surrounding this magnificent continent. Just one of these underwater wonders is the Great Barrier Reef. And it is among other underwater attractions that makes scuba diving such a popular Australian activity.</p>
<p>The Great Barrier Reef is the largest barrier reef in the world measuring in at an amazing 1,250 miles. It begins in the waters near Papua New Guinea and stretches southward to Lady Elliot Island which is directly off of Bundaberg, Queensland. The Great Barrier Reef is the most extensive reef system in the world and is also credited with being the largest structure made by living organisms on earth.</p>
<p>It is made up of more than 2,000 individual reef systems and includes 71 coral islands. While you are scuba diving the Great Barrier Reef, you will be able to see that the coral has actually formed from the skeletons of tiny, flowerlike animals called polyps. The delicate looking structures are held together by a substance produced by algae. This substance is the glue that holds the hundreds of colorful polyp skeletons together.</p>
<p>In addition to providing a beautiful coral structure that can be explored and enjoyed through this, the coral structure is home to more than 2,000 species of fish. You can see the many species of fish supported when you go on a scuba diving expedition in Australia. Here are just a few of the most popular sites to be found:</p>
<p>Cod Hole &#8211; Cod Hole is a sheltered reef situated northeasterly of Lizard Island. Here you will find enormous cod, moray eels, Napoleon wrasse, and numerous other marine animals that normally call coral reefs home.</p>
<p>Yongala Wreck &#8211; This is one of the most popular wrecks in Australia. The wreck is just about 200 miles south of Cod Hole and is home to abundantly growing coral and large schools of fish. Here you will see schooling snappers, jacks, eagle rays, flowery cod, barramundi cod, and cobia. An adventure to Yongala Wreck might also reveal sharks, turtles, sea snakes, and stingrays.</p>
<p>Pixie Pinnacle &#8211; Pixie Pinnacle is a tall pinnacle, about 90 feet tall, that supports numerous species of life including clownfish, fairy basslets, rabbitfish, lionfish, and stonefish.</p>
<p>Scuba diving the Great Barrier Reef is an unparalleled experience that attracts divers of all skill levels from locations scattered all around the globe.</p>
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<title><![CDATA[Airsoft Sniper 1v1 Episode 1]]></title>
<link>http://airsoftsnipers.wordpress.com/2009/12/12/airsoft-sniper-1v1-episode-1/</link>
<pubDate>Sat, 12 Dec 2009 01:01:06 +0000</pubDate>
<dc:creator>woogunner</dc:creator>
<guid>http://airsoftsnipers.wordpress.com/2009/12/12/airsoft-sniper-1v1-episode-1/</guid>
<description><![CDATA[This is the first in a series of airsoft sniping videos. In this video, Cy is filming me (Ben) playi]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>This is the first in a series of airsoft sniping videos. In this video, Cy is filming me (Ben) playing Noah. There will be many, many more of these to come! Please subscribe and comment, saying who your favorite player is. Next video will be Noah vs. Cy, with the camera on Noah. The songs are- 1. Make A Move (Lostprophets) 2. 1000 Good Intentions (Rise Against) 3.Breakdown (Breaking Benjamin) Please give feedback and subscribe, more to come!</p>
<p><span style='text-align:center; display: block;'><object width='425' height='350'><param name='movie' value='http://www.youtube.com/v/eB5gDDnfZ-M&#038;rel=1&#038;fs=1&#038;showsearch=0&#038;hd=0' /><param name='allowfullscreen' value='true' /><param name='wmode' value='transparent' /><embed src='http://www.youtube.com/v/eB5gDDnfZ-M&#038;rel=1&#038;fs=1&#038;showsearch=0&#038;hd=0' type='application/x-shockwave-flash' allowfullscreen='true' width='425' height='350' wmode='transparent'></embed></object></span></p>
<p><a href='http://www.youtube.com/watch?v=eB5gDDnfZ-M&#38;hl=en' rel='nofollow'>http://www.youtube.com/watch?v=eB5gDDnfZ-M&#38;hl=en</a></p>
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<title><![CDATA[Egypt's Gaza barrier: Your views]]></title>
<link>http://mobilementioned.wordpress.com/2009/12/10/egypts-gaza-barrier-your-views/</link>
<pubDate>Thu, 10 Dec 2009 13:51:33 +0000</pubDate>
<dc:creator>neatnew</dc:creator>
<guid>http://mobilementioned.wordpress.com/2009/12/10/egypts-gaza-barrier-your-views/</guid>
<description><![CDATA[Egypt is building a huge metal barrier to try to prevent cross-border smuggling. This is a selection]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>Egypt is building a huge metal barrier to try to prevent cross-border smuggling. This is a selection of emails, and reaction given over the telephone, from people in Gaza, Egypt and Israel on the issue&#8230;. From BBC News. <a href="http://news.bbc.co.uk/go/rss/-/2/hi/middle_east/8405798.stm">Full story</a></p>
<p>This site may contain information about:  phone.  For a different topic see <A href="http://in-a-sentence.com">sentences that begin with letter</A>.  The blog is also related to: best mobile phones.</p>
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<title><![CDATA[Productivity Improvement Programs]]></title>
<link>http://asifjmir.wordpress.com/2009/12/10/productivity-improvement-programs/</link>
<pubDate>Thu, 10 Dec 2009 03:47:56 +0000</pubDate>
<dc:creator>Asif Mir</dc:creator>
<guid>http://asifjmir.wordpress.com/2009/12/10/productivity-improvement-programs/</guid>
<description><![CDATA[The main elements of a successful productivity improvement program are the following: Top management]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>The main elements of a successful productivity improvement program are the following:</p>
<ul>
<li>Top management must be wholly committed to the program.</li>
<li>An effective organizational arrangement headed by someone responsible to top management for the program is essential.</li>
<li>Full awareness and understanding of the program objectives must exist at all organizational levels. Good labor-management relations are vital.</li>
<li>There should be free-flow communication between different structural elements of the organization. Recognition of the key role played by workers is crucial and must be demonstrated through a sound productivity gains-sharing system.</li>
<li>The program should be linked with measurement processes that are practical and easily understood. Goals should be set on the basis of feasibility as well as desirability.</li>
<li>The productivity improvement techniques (technical, behavioral and managerial) chosen for the program have to fit the situation and needs.</li>
<li>Monitoring, evaluation and feedback processes to identify results and barriers provide a basis for design improvements.</li>
</ul>
<p>My Consultancy–<a title="Asif J. Mir" href="http://www.asifjmir.com/" target="_blank">Asif J. Mir </a>- Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit <a title="Asif J. Mir" href="http://www.asifjmir.com/" target="_blank">www.asifjmir.com</a>, and my <a href="http://www.youtube.com/asifjmir">Lectures</a>.</p>
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<title><![CDATA[A Dam]]></title>
<link>http://essenceofdream.wordpress.com/2009/12/06/a-dam/</link>
<pubDate>Sun, 06 Dec 2009 15:03:27 +0000</pubDate>
<dc:creator>heaven1962</dc:creator>
<guid>http://essenceofdream.wordpress.com/2009/12/06/a-dam/</guid>
<description><![CDATA[A Dam Dam –   Is a barrier built across the watercourse to confine and keep back flowing water.   Th]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p><strong></p>
<div id="attachment_461" class="wp-caption aligncenter" style="width: 277px"><a href="http://essenceofdream.wordpress.com/files/2009/12/hdam2-a.jpg"><img class="size-full wp-image-461 " title="hdam2-a" src="http://essenceofdream.wordpress.com/files/2009/12/hdam2-a.jpg" alt="" width="267" height="323" /></a><p class="wp-caption-text">A Dam</p></div>
<p></strong></p>
<p style="text-align:justify;"><strong>Dam</strong> –   Is a barrier built across the watercourse to confine and keep back flowing water.   The meaning of dam in your dream are those controlled feelings which your want to be told. </p>
<p style="text-align:justify;">Visual source:  <a href="http://z.about.com/d/gocalifornia/1/0/h/7/hdam2-a.jpg"><span style="color:#000000;">z.about</span></a></p>
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<title><![CDATA[200,000 lb. Carp &amp; Poisoned River vs. $7 Billion ]]></title>
<link>http://grizzlyhugs.wordpress.com/2009/12/05/200000-lb-carp-poisoned-river-vs-7-billion/</link>
<pubDate>Sat, 05 Dec 2009 04:48:14 +0000</pubDate>
<dc:creator>milesshen</dc:creator>
<guid>http://grizzlyhugs.wordpress.com/2009/12/05/200000-lb-carp-poisoned-river-vs-7-billion/</guid>
<description><![CDATA[Crew member searching for Asian carp Fish may seem like emotionless creatures, but they are living t]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><div id="attachment_482" class="wp-caption alignright" style="width: 310px"><a href="http://grizzlyhugs.wordpress.com/files/2009/12/0022190fd3300c82efde23.jpg"><img class="size-medium wp-image-482" title="0022190fd3300c82efde23" src="http://grizzlyhugs.wordpress.com/files/2009/12/0022190fd3300c82efde23.jpg?w=300" alt="" width="300" height="208" /></a><p class="wp-caption-text">Crew member searching for Asian carp</p></div>
<p>Fish may seem like emotionless creatures, but they are living things. However, humans sometimes fail to take this into consideration, blinded by their self-interest. I recently found an <a href="http://www.reuters.com/article/idUSTRE5B25R220091204">article</a> about Illinois officials dumping poison into the Chicago River to kill the Asian carp. And what for? So that maintenance could be performed on an electrical barrier that keeps the fish out of the Great Lakes. Around 200,000 pounds of dead fish are estimated to be collected. This action raises a lot of questions mainly between morality and human lifestyle. You see, if the carp were to get into the Great Lakes, they would destroy the lakes’ lucrative fishing industry ($7 billion) by depleting the bottom of the food chain. It is ironic how authorities say they hope to prevent an “ecological disaster” when they are killing so many fish. In reality, they are not trying to prevent an “ecological disaster”, but instead a “human disaster”. Apparently, the fish are just sacrifices for the interests of humans. But what bothers me more is the officials’ audacity to pour poison into what is considered to be not just the fish’s water but also our water. Okay we always talk about saving the environment and not polluting, yet the officials who hope to prevent a disaster in nature are polluting the water with 2000 pounds of poison. The poison is meant to only kill fish, but how can these myopic people not see that there are greater effects of poisoning our own water? Can they not see what it can do to us? In my opinion, I would not compromise the carp and the river’s ecosystem just for the $7 billion industry. It just doesn’t seem worth it. We’re dealing with an alteration in not one variable in the ecosystem but multiple. The short run goal of saving our industry cannot even come close to the potentially dangerous long run consequences.</p>
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<title><![CDATA[How Vehicle Code 23104 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23104-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 23:08:08 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23104-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 23104 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 23104 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 23104 provides:</p>
<p>23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment. (b) A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 23104, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 23104, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 23103 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23103-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 23:06:07 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23103-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 23103 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 23103 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 23103 provides:</p>
<p>23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 23103, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 23103, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
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<item>
<title><![CDATA[How Vehicle Code 21651 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-21651-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 23:01:08 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-21651-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 21651 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 21651 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 21651 provides:</p>
<p>21650.1. A bicycle operated on a roadway, or the shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21651, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 21651, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 20002 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-20002-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:59:12 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-20002-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 20002 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 20002 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 20002 provides:</p>
<p>20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver&#8217;s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver&#8217;s license information, if available, or other valid identification to the other involved parties. (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol. (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements. (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 20002, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 20002, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 20001 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-20001-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:57:18 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-20001-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 20001 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 20001 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 20001 provides:</p>
<p>20001. (a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004. (b) (1) Except as provided in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (2) If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph. (3) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant&#8217;s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision. (c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision. (d) As used in this section, &#8220;permanent, serious injury&#8221; means the loss or permanent impairment of function of a bodily member or organ. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 20001, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 20001, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 34501.2 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-34501-2-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:55:08 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-34501-2-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 34501.2 is cited as being the primary collision factor for an a]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 34501.2 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 34501.2 provides:</p>
<p>34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended. (b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions: (1) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period. (2) No motor carrier shall permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days. (3) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, may be permitted or required to drive more than the number of hours specified in subdivision (a) while operating a public utility or public water district vehicle during the emergency restoration of service. (4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department. (5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace. (c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions: (1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a driver&#8217;s record of duty status, and shall keep a duplicate copy in his or her possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. (2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute. (3) For purposes of this subdivision, the following terms have the following meanings: (A) &#8220;Farm products&#8221; means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber. (B) &#8220;First point of processing or packing&#8221; means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets. (C) &#8220;Special situation farm products&#8221; means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 34501.2, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 34501.2, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 27360.5 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-27360-5-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:52:23 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-27360-5-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 27360.5 is cited as being the primary collision factor for an a]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 27360.5 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 27360.5 provides:</p>
<p>27360.5. (a) No parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards. (b) No driver may transport on a highway any child who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more in a motor vehicle, as defined in Section 27315, without properly securing the child in a child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards. This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver. (c) (1) A first offense under this section is punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a child restraint education program that includes, but is not limited to, demonstration of the proper installation and use of child passenger restraint systems for children of all ages, and provides economically disadvantaged families with a child passenger restraint low-cost purchase or loaner program. Upon completion of the program, the defendant shall provide proof of participation in the program that includes an inspection of a child passenger restraint system that meets applicable federal safety standards. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803. The court may, at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards. (2) A second or subsequent offense under this section is punishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803. The court may at its discretion, require any defendant described under this section to attend an education program that includes demonstration of proper installation and use of child passenger restraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards. (d) Notwithstanding any other provision of law, the fines collected for a violation of this section shall be allocated as follows: (1) Sixty percent to county or city health departments where the violation occurred, to be used for an education program that includes, but is not limited to, the demonstration of proper installation and use of child passenger restraint systems for children of all ages and provides child restraints for loan or low-cost purchase. (2) Twenty-five percent to the county or city for the administration of the program. (3) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be allocated to the county for purposes of paragraph (1). </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 27360.5, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 27360.5, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 27360 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-27360-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:49:50 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-27360-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 27360 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 27360 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 27360 provides:</p>
<p>27360. (a) A parent or legal guardian, when present in a motor vehicle, as defined in Section 27315, may not permit his or her child or ward to be transported upon a highway in the motor vehicle without properly securing the child or ward in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child or ward is one of the following: (1) Six years of age or older. (2) Sixty pounds or more. (b) (1) A driver may not transport on a highway a child in a motor vehicle, as defined in Section 27315, without properly securing the child in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child is one of the following: (A) Six years of age or older. (B) Sixty pounds or more. (2) This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver. (c) (1) For purposes of subdivisions (a) and (b), and except as provided in paragraph (2), a child or ward under the age of six years who weighs less than 60 pounds may ride in the front seat of a motor vehicle, if properly secured in a child passenger restraint system that meets applicable federal motor vehicle safety standards, under any of the following circumstances: (A) There is no rear seat. (B) The rear seats are side-facing jump seats. (C) The rear seats are rear-facing seats. (D) The child passenger restraint system cannot be installed properly in the rear seat. (E) All rear seats are already occupied by children under the age of 12 years. (F) Medical reasons necessitate that the child or ward not ride in the rear seat. The court may require satisfactory proof of the child&#8217; s medical condition. (2) A child or ward may not ride in the front seat of a motor vehicle with an active passenger airbag if the child or ward is one of the following: (A) Under one year of age. (B) Less than 20 pounds. (C) Riding in a rear-facing child passenger restraint system. (d) (1) (A) A first offense under this section is punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of a child passenger restraint system for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803. (B) The court may require a defendant described under this section to attend an education program that includes demonstration of proper installation and use of a child passenger restraint system and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards. (2) (A) A second or subsequent offense under this section is punishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803. (B) The court may require a defendant described under this section to attend an education program that includes demonstration of proper installation and use of a child passenger restraint system and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards. (e) Notwithstanding any other provision of law, the fines collected for a violation of this section shall be allocated as follows: (1) (A) Sixty percent to health departments of local jurisdictions where the violation occurred, to be used for a community education program that includes, but is not limited to, demonstration of the installation of a child passenger restraint system for children of all ages and also assists an economically disadvantaged family in obtaining a restraint system through a low-cost purchase or loan. The county or city health department shall designate a coordinator to facilitate the creation of a special account and to develop a relationship with the court system to facilitate the transfer of funds to the program. The county or city may contract for the implementation of the program. Prior to obtaining possession of a child passenger restraint system pursuant to this section, a person shall attend an education program that includes demonstration of proper installation and use of a child passenger restraint system. (B) As the proceeds from fines become available, county or city health departments shall prepare and maintain a listing of all child passenger restraint low-cost purchase or loaner programs in their counties, including a semiannual verification that all programs listed are in existence. Each county or city shall forward the listing to the Office of Traffic Safety in the Business, Transportation and Housing Agency and the courts, birthing centers, community child health and disability prevention programs, county clinics, prenatal clinics, women, infants, and children programs, and county hospitals in that county, who shall make the listing available to the public. The Office of Traffic Safety shall maintain a listing of all of the programs in the state. (2) Twenty-five percent to the county or city for the administration of the program. (3) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be allocated to the county for purposes of paragraph (1). </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 27360, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 27360, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 24604 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-24604-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:44:49 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-24604-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 24604 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 24604 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 24604 provides:</p>
<p>24604. Whenever the load upon any vehicle extends, or whenever any integral part of any vehicle projects, to the rear four feet or more beyond the rear of the vehicle, as measured from the taillamps, there shall be displayed at the extreme end of the load or projecting part of the vehicle during darkness, in addition to the required taillamp, two red lights with a bulb rated not in excess of six candlepower plainly visible from a distance of at least 500 feet to the sides and rear. At any other time there shall be displayed at the extreme end of the load or projecting part of the vehicle a solid red or fluorescent orange flag or cloth not less than 12 inches square. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 24604, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 24604, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 24002 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-24002-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:42:27 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-24002-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 24002 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 24002 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 24002 provides:</p>
<p>24002. (a) It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard. (b) It is unlawful to operate any vehicle or combination of vehicles which is not equipped as provided in this code.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 24002, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 24002, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 23270 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23270-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:40:34 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23270-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 23270 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 23270 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 23270 provides:</p>
<p>23270. (a) No person shall commence to tow any vehicle or other object on any vehicular crossing unless authorized to do so by the Department of Transportation and unless the towing is done by means of a tow truck as defined in Section 615. No person, other than a member of the California Highway Patrol or an employee of the Department of Transportation, shall, by means of pushing with another vehicle, propel any vehicle or object on a vehicular crossing. No person, other than an employee of the Department of Transportation, shall, on any vehicular crossing, tow any vehicle or other object except a vehicle or object constructed and designed to be towed by a vehicle of a type similar to that being used for this purpose. (b) The California Transportation Commission shall, by regulation, establish the maximum towing fee which may be charged by any person authorized to tow a vehicle pursuant to subdivision (a). No authorized person shall charge a fee for towing a vehicle which is in excess of the maximum fee established by the California Transportation Commission. (c) The Director of Transportation may grant a special permit to any person to tow any vehicle or object over and completely across any vehicular crossing when in his or her judgment the towing vehicle is so constructed and equipped that the vehicle or object can be towed across the vehicular crossing without endangering persons or property and without interrupting the orderly traffic across the vehicular crossing. (d) The prohibitions of this section shall apply only on those vehicular crossings upon which a towing service is maintained by the Department of Transportation.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 23270, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 23270, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 23116 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23116-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:38:40 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-23116-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 23116 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 23116 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 23116 provides:</p>
<p>23116. (a) No person driving a pickup truck or a flatbed motortruck on a highway shall transport any person in or on the back of the truck. (b) No person shall ride in or on the back of a truck or flatbed motortruck being driven on a highway. (c) Subdivisions (a) and (b) do not apply if the person in the back of the truck is secured with a restraint system. The restraint system shall meet or exceed the federal motor vehicle safety standards published in Sections 571.207, 571.209, and 571.210 of Title 49 of the Code of Federal Regulations. (d) Subdivisions (a), (b), and (c) do not apply to any person transporting one or more persons in the back of a truck or flatbed motortruck owned by a farmer or rancher, if that vehicle is used exclusively within the boundaries of lands owned or managed by that farmer or rancher, including the incidental use of that vehicle on not more than one mile of highway between one part of the farm or ranch to another part of that farm or ranch. (e) Subdivisions (a), (b), and (c) do not apply if the person in the back of the truck or the flatbed is being transported in an emergency response situation by a public agency or pursuant to the direction or authority of a public agency. As used in this subdivision, &#8220;emergency response situation&#8221; means instances in which necessary measures are needed in order to prevent injury or death to persons or to prevent, confine, or mitigate damage or destruction to property. (f) Subdivisions (a) and (b) do not apply if the person in the back of the truck or flatbed motortruck is being transported in a parade that is supervised by a law enforcement agency and the speed of the truck while in the parade does not exceed eight miles per hour.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 23116, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 23116, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Vehicle Code 22454 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-22454-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:36:24 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-22454-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 22454 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 22454 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 22454 provides:</p>
<p>22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation. (b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway. (2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction. (c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty. (2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy. (d) This section also applies to a roadway upon private property. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 22454, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 22454, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
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<title><![CDATA[How Vehicle Code 22451 Helps California Accident Attorneys Settle Claims With Insurance Companies For Vehicle Accident Injuries]]></title>
<link>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-22451-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</link>
<pubDate>Thu, 03 Dec 2009 22:34:30 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.californiaattorneyslawyers.com/2009/12/03/how-vehicle-code-22451-helps-california-accident-attorneys-settle-claims-with-insurance-companies-for-vehicle-accident-injuries/</guid>
<description><![CDATA[When California Vehicle Code Section 22451 is cited as being the primary collision factor for an aut]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>When California Vehicle Code Section 22451 is cited as being the primary collision factor for an auto accident in California, and the person found to be in violation of this Vehicle Code Section is the other driver involved in your accident, this can greatly assist a personal injury lawyer in settling your accident insurance claim for a substantial settlement or even the policy limits if your injuries are extensive.  This is even more true in the case of fatal accidents which cause one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are as discussed below.</p>
<p>	However, due to how insurance companies treat individuals without an attorney, a person injured in an auto accident should always retain an attorney to represent them at the earliest possible date after an accident.  Unless you haven’t been injured and won’t be needing medical treatment, an experienced and reputable personal injury lawyer will almost always be able to obtain a considerably larger settlement from an insurance company and a larger amount for you, even after the attorney’s fees and costs are paid. </p>
<p>	At the Law Firm of Sebastian Gibson, we work on a contingency fee basis, which means that unless we obtain a settlement or judgement in your case, there is no fee payable to us.  Even if we’ve incurred costs, such as the costs of obtaining your medical records, no fee is payable to us, unless we obtain a settlement or judgement in your favor.  Starting with the personal injury consultation which is also free, and which can be by phone or in person depending on our mutual availability, you never receive a bill from us on any case we take on contingency.  Unlike other attorneys who ask you to pay the costs involved with your case, we simply don’t believe you should have to pay those costs yourself.</p>
<p>	We’ll also advise you how to obtain reimbursement for your car repairs or if your vehicle is totaled, for the value of your vehicle, and any amount you receive for the vehicle is yours to be used by you for the repairs or to replace your vehicle.   At the Law Offices of Sebastian Gibson we never take any portion of your property damage settlement and we can also advise you how to obtain payment for a new child safety seat if one was in use at the time of the accident. </p>
<p>	California Vehicle Code Section 22451 provides:</p>
<p>22451. (a) The driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do so safely, whenever the following conditions exist: (1) A clearly visible electric or mechanical signal device or a flagman gives warning of the approach or passage of a train or car. (2) An approaching train or car is plainly visible or is emitting an audible signal and, by reason of its speed or nearness, is an immediate hazard. (b) No driver or pedestrian shall proceed through, around, or under any railroad or rail transit crossing gate while the gate is closed. (c) Whenever a railroad or rail transit crossing is equipped with an automated enforcement system, a notice of a violation of this section is subject to the procedures provided in Section 40518.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.</p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at sgibsonesq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.CaliforniaAttorneysLawyers.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 22451, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as Section 22451, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at sgibsonesq@aol.com or visit the Sebastian Gibson law firm website at www.CaliforniaAttorneysLawyers.com </p>
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