Category: Truck

Man Sentenced in El Monte, California Street Racing Car Accident

An El Monte man has been sentenced to one year in county jail and five years on probation for his role in a street racing related car accident last year in which his friend was killed and the passenger in the other car seriously injured.

In October 2007, 19-year-old Fitzgerald Paragas had been racing with his friend 18-year-old Brian Ramirez. Just prior to that, they had been watching the street racing movie “The Fast and the Furious” and decided to have a race of their own. As the two continued to race on the streets, Brian lost control of his car. His Mitsubishi careened across the median and into incoming traffic. A Volkswagen Jetta carrying the Saavedra family was coming in the opposite direction, and the Mitsubishi crashed into it. Ramirez was killed instantly, while the Saavedra family suffered serious injuries. At the time of the crash, Ramirez’s vehicle was apparently going at 90 mph.

After the crash, Paragas tried to mislead police into believing that he had not been part of the car accident at all. His initial claim was that he was at home at the time of the car crash, and had received a call from Ramirez who said he would be coming over. After waiting for an hour, when there was still no sign of his friend, Paragas told police he had driven off to take a look. It was then that he came upon the car crash site where his friend was killed. Later however, Paragas broke down, and admitted that he had been racing too.

He was charged with one felony count of murder with the special allegation of causing great bodily injury, one felony count of vehicular manslaughter and four counts of felony reckless driving causing injury, as well as misdemeanor street racing. A judge has now sentenced him to one year in county jail. He will also be required to pay restitution to the Saavedra family, a $100 court security fee and a $20 restitution fee. He is also prohibited from driving while under probation, and will have to participate in a safe driving program. He will also be required to educate high school students on safe driving as part of his sentence. The judge admitted that Paragas’ lack of a prior criminal record and letters written to the judge by the young man’s school teachers had led to what can only be called a light sentence.

The district attorney asked the judge to impose a four-year prison sentence to be suspended. If Paragas violates the terms of his probation, he would have to serve time in jail. Paragas was facing a maximum of eight years and eight months, and the prosecution had asked for a sentence of four years to six years.

Street racing can be either spontaneous races, like the one that seems to have taken place here, or coordinated races that are planned ahead of time. In either case, they can cause serious injuries and fatalities. With the high …

Auto Repossessions and Bankruptcy

What happens to an auto that is repossessed before, during or after a bankruptcy case? The answer will depend upon which type of bankruptcy or which chapter rather, that the debtor has filed. It also depends upon whether or not the debtor wants to recover the vehicle or simply let the vehicle go. The basic rule is as follows; the debtor remains the beneficial owner of the vehicle until such time that the vehicle is sold at auction. What this means is, the debtor has the ability to recover that vehicle and negotiate with the lender prior to the auto being sold at auction. This assumes of course that the debtor has filed a bankruptcy and that the automatic stay has gone into effect.

One typical case that I often see is a Chapter 13 bankruptcy filing where the vehicle is repossessed pre-filing. In that case, the auto finance company is often willing to negotiate for the return of the vehicle in exchange for certain documentation. That documentation usually includes proof of auto insurance and listing the finance company as the loss payee. In addition, the auto finance company will likely want to see a copy of the proposed chapter 13 plan indicating that the secured creditor is listed at the proper dollar amount at the proper interest rate. If all of those items could be shown, the auto lender is very likely to return the vehicle to the debtor without the debtor having to file an adversarial complaint in the bankruptcy court to recover the vehicle.

In a Chapter 7 case, whether not the debtor can recover the vehicle has to do with whether or not the debtor is current on the payments and/or can become current. If the debtor is behind on a vehicle in a Chapter 7 and the vehicle is repossessed pre-petition, the lender will simply bring a motion to modify the automatic stay, which will allow that lender to be able to keep the vehicle from the debtor. The debtor always has the ability to come up with the past due amount and become current to recover the vehicle, prior to the vehicle being sold at auction. The most important question that the Chapter 7 debtor needs to ask himself, is can I get current on that vehicle to the point where I can reaffirm the debt on that vehicle, continue to make monthly payments on time going forward, and maintain ownership of the vehicle. If the answer to any of those questions is, no, it really makes sense to surrender that vehicle back to the lender, because eventually the lender is going to move to modify the stay and repossess the vehicle down the road.

Additionally, if the debtor agrees to reaffirm the debt, and that it is subsequently repossessed post-petition, the debtor may in fact be on the hook for the rest of the balance or a deficiency on that vehicle unless the reaffirmation agreement can be rescinded in time.

Most people do …

Motorcycle Lawyer LA: Essential Facts About Motorcycle Accidents

This lightweight and very flexible vehicle can give you full freedom on the road escaping congested areas while providing affordable maintenance and care on your pockets. Motorcycles are also way more affordable than cars, with few hundred on your pockets; you can now take this beauty at home and start enjoying the road.

But if you think that motorcycle is the most perfect vehicle of all time due to its road flexibility and inexpensive price, better think again because this buddy of yours is the number one most notorious suspect when it comes to deadly road accidents. Compared to cars, motorcycle related accidents are more serious and deadly as no physical barrier is present to protect you from straight hits and direct attacks.

If you still love the beauty of this devilish vehicle, you can drive it so but you need to remember that certain things must be kept in mind to avoid deadly accidents. Safety, responsibility, openness and presence of mind are just some of the most common things you need to bring with you upon driving with your motorcycle. Listed below are some essential facts about motorcycle accidents shared by Motorcycle Lawyer LA which is a very well known law firm that caters to motorcycle related cases. These facts are laid just for you to serve as a warning sign if not a simple guide to prove how much motorcycle accidents can be deadly.

  1. Almost ¼ of all motorcycle accidents collides with fixed and permanent road objects like walls, grills, posts, trees and all others. This means that you need to keep your eye fully open when driving the road. Do not practice arcade kart racing on the road as you don’t have unlimited number of lives to begin with.
  2. 3% of motorcycle accidents are due to punctured tires. Flat tires can cause swiveling and uncontrolled motion on the road which may lead to deadly accidents. To prevent these things from happening, make sure to check all your tires before and after the hitting the road. Should you see some damaged or vulnerable tires, have it professionally replaced right away.
  3. Under cornering and excessive speed on wide curves can literally take your life. Just like on most road accidents, over speeding and under cornering can keep you either dead or alive, most of the time injured. Slow down as you approach wide curves and do not forget that the road is meant for sharing, do not take all lanes.
  4. Trusted law firms can protect your rights while recovering your claims. Should you had a motorcycle accident, going to reliable law firms like Motorcycle Lawyer LA will help you protect your rights from boastful situations while recovering your destined benefits.
  5. Visibility is a big issue on the road – almost 50% of all motorcycle related accidents is due to collision. Visibility plays an important role on the road so make sure to keep yourself fully visible by wearing light colored clothes and do not forget to observe other drivers

The Importance of Washing Your Car

I travel a lot, which means that I not only put a lot of wear and tear on my car…it also means that my car frequently gets dirty (depending on the weather as well as the time of year). Did you know that keeping your car is not only essential to its overall performance, but that it can also get you into trouble if you’re not careful? That’s right. I remember walking to class during college and passing other students’ vehicles, which were parked alongside the street. As I was walking, I happened to notice that one of the vehicles, a pickup truck, was barely visible under the thick, caked mud that covered it from top to bottom, front to back. I remember thinking how awful it was to drive around in a car that looked like that. How were they able to see? Surely, it must have violated some law. Well, wouldn’t you know it- later on that same day, I saw this same pickup truck with the owner inside of it pulled over along the side of a different street with a cop car behind it. As I later found out, if your vehicle is covered in such a way that it obstructs your view (as his was) or if it presents a danger to other drivers, then you will more than likely be having a chat with a police officer about it.

Now, I know what you’re thinking. You’re probably thinking that there is nothing inherently dangerous about someone’s car being caked with mud. However, if any part of that mud flies off of that person’s vehicle, then other people on the roadways may not react appropriately or may try to overcompensate for whatever debris is flying off the other vehicle. After all, if you were driving down a highway or major roadway at a good rate of speed and you couldn’t tell what it was that was coming off of another vehicle, you would probably try to avoid it too!

There are other reasons as well to want to wash your car. For instance, where my family is from, there is a lot of saltwater nearby, and that saltwater makes its way into the air even though you can’t see it. And over time, the accumulation of salt on your vehicle can cause all sorts of issues if you’re not cleaning it regularly. Well, I recently brought my car in because I had noticed that it was making a funny sound each time I accelerated past 50 miles per hour. I was shocked when the attendant informed me that they had to use a blowtorch to dislodge the salt accumulation that had attached itself to the undercarriage of my car onto the four wheel drive shaft. Had I been washing my car regularly during the wintertime, the problem wouldn’t have been as severe.

Another reason to run your vehicle through a quick car wash is because debris such as salt and even dead bugs can affix …

Cypress Car Accident Attorney’s Top Ten Dumb Unluckiest Things That Can Happen After a Car Accident

1. You’re not just hit once, but hit a second and third time.

2. As you sit on the side of the road, a truck demolishes what’s left of your car.

3. Your computer was in the car.

4. The police get confused and think you were the cause of the accident.

5. The ambulance gets stuck in traffic.

6. The hospital has a five hour waiting list.

7. Your health insurance only covers this hospital.

8. Your car insurance company didn’t receive your last payment.

9. The DMV is suspending your license.

10. Your divorce lawyer doesn’t know anything about personal injury and your wife wants more alimony.

Now here are ten useful tips of advice from a car accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a car accident in Cypress, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the …

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