Highway 121 Fatal Accident

Automobile accidents are a fact of life in Northern California, where getting around without a motor vehicle is extremely difficult.

Unfortunately, too many car accidents are the fault of drivers who operate carelessly or negligently.

When people are injured or killed in such crashes, the victims or surviving family members are often left with enormous medical bills and other costs that cause economic and emotional hardship. Drivers who are responsible for such losses can be held liable for compensation.

Just earlier this morning on Highway 121, At least two people have died, and a third suffered major injuries in a crash Wednesday morning on rural Highway 121, according to initial reports from the CHP and emergency dispatchers.

The wreckage was blocking the highway in both directions just west of Napa Road and the CHP issued an alert that it could be closed for at least two hours.

The rural route is a main connector to the Napa and Sonoma areas.


Two ambulances and several fire engines rushed to the 9 a.m. collision. Two people were found to be deceased and a third, who reportedly suffered major injuries, was taken by ambulance to the Queen of the Valley Hospital in Napa, according to dispatcher.

Firefighters had to extricate at least one person from the wreckage, according to initial reports.

People who have lost loved ones in car accidents can only file a legal claim such as a wrongful death lawsuit if the accident was caused by another person’s negligence.

If evidence supports such a claim, the family can proceed with a suit, although it is advisable to seek legal advice before filing.

If you have lost a family member as a results of someone else’s negligence, Please contact Fiumara & Milligan Law, PC today at 707-571-8600 OR 415-492-4507 for your free case evaluation.

We will FIGHT for YOU!

North Bay Car Accident Claim

When you’ve been hurt in an accident, you need an accident attorney with experience—someone who has helped victims like you for more than 40 years.

At Fiumara & Milligan Law, PC we understand what you’re going through. You have questions about the worth of your insurance claim and how long it will take to get a fair settlement. A car accident lawyer from our law firm will give you straight, simple answers about medical payments coverage, property damage, and lost wages, as well as assist you in completing necessary paperwork.

Whether you need help getting money for medical bills and car repairs, or you need someone to step in and deal with the insurance company, we’re here to help get you back on your feet.

Upset driver After Traffic Accident


After a car accident, you may be confused about whether or not you have a claim for compensation. To be eligible to collect damages, your accident must meet two criteria:

  • The accident was at least partially caused by another party’s negligence.
  • The accident caused you or a family member to suffer serious physical injuries.

Mr. Fiumara and his team can answer any questions you may have about what constitutes negligence and what it means for an injury to be “severe.” If we determine that your accident meets both of these criteria, we will immediately begin building your claim.


Once they are notified of your accident, representatives from either your insurance or the at-fault party’s insurance company may contact you. It’s best if you avoid speaking with them. Innocent comments can be manipulated to make it look like the accident was your fault or used to claim that your injuries aren’t severe. They may also try to pressure you into quickly signing a settlement worth far less than you actually need.

Our legal team will take into account your current and future medical bills, lost wages, and other expenses, so you get the compensation you need to cover the true costs of your accident. We’re used to dealing with insurance company tactics, so when the insurance company calls, hang up and contact us instead. We’ll help you figure out whether or not a settlement offer is fair, and we’ll talk to the insurance company for you.


No matter what caused your auto accident, your injuries are your biggest concern. As injury attorneys, some of the most common injuries our clients suffer in highway accidents include:

  • Broken bones
  • Cuts and lacerations
  • Head, neck, and spinal injuries
  • Internal bleeding and organ damage
  • Paralysis and nerve damage


If you’re the victim of an auto accident, don’t try to take on the insurance company alone. You have rights that protect your best interests, and you may be entitled to more money than the insurance company wants to admit. But you may not know unless you contact us.

Don’t let an insurance company decide what your claim is worth. Call us today for a free consultation at 707-571-8600 OR 415-492-4507.

How To Protect Yourself From A Hit and Run Accident In Sonoma County

The level of hit and run accidents in Sonoma County has risen over the past few years and continues to go up every year.

As a personal injury lawyer that practices in Sonoma County, our firm would like to provide some legal advice on how to protect yourself from the damage that is caused by these horrific incidents.

The main legal and risk management protection that anyone can prepare for is to make sure that you have uninsured motorist coverage in their auto insurance policy and know what is legally required to incept coverage in a hit and run scenario.  The provisions of CA law that protect victims of hit and run incidents from bearing the financial burden of medical expenses, property damage and other financial losses as well as pain and suffering really lie in the insurance code provisions on incidents caused by drivers who have not shown “financial responsibility” by having auto insurance coverage.

A car on the verge of a country road, following a skidding accident. Please note shallow depth of field, with focus on the foreground.

  1. Uninsured Motorist Coverage is Automatic Unless Waived in Writing: Every policy of insurance written in the State of California has uninsured motorist coverage at the same level of coverage as personal injury protection unless expressly waived by the insured.
  2. Uninsured Motorist Coverage Covers Hit and Run Accidents: Uninsured motorist coverage will cover any hit and run accident including being struck as a motorist, bicyclist or pedestrian so long as certain conditions are met as follows:
  • Physical contact between the vehicle that hit and ran
  • Prompt report of the incident to the police and the request of a report
  • Prompt report of the incident to your automobile insurance company

What this means is that every motor vehicle operator in the State of California including Sonoma County residents can protect themselves by doing the following:

  1. Never waive uninsured motorist coverage in their auto policy
  2. Always try to maintain as high a limit as you can afford for bodily injury and property damage
  3. Always report hit and run incidents to the police and request that a police report be made
  4. PROMPTLY report this to your auto insurance company
  5. Even though uninsured motorist claims are being filed against your own insurance company, retain an attorney to be your advocate to ensure that you obtain full and complete and maximum compensation 

If you are unfortunate to be involved with a careless driver who strikes you or your vehicle and then takes off without providing any information, don’t become a victim.

Don’t be stuck with present and future medical expenses, or fail to be compensated for the physical pain and emotional toll this type of event can take on your life.  Get professional legal help and don’t delay!

Contact Our Law Firm Today At 707-571-8600 OR 415-492-4507.

North Bay Pedestrian Accidents On The Rise

According to the most recent data from the California Department of Transportation, 838 people died in pedestrian accidents over the course of a year. Of this group, close to 150 were teenagers and school-aged children. Over 200 were elderly. Their lives, changed forever due to a terrible decision made by a driver of a motor vehicle.

The Right to Walk

You should not have to be afraid when you are walking down the street, but the poor decisions of some drivers can make the experience extremely dangerous. California law specifically provides certain protections for pedestrians when they are walking on a public roadway, including the right of way on sidewalks and crosswalks. If someone is speeding, driving recklessly, not paying attention to the road or operating the vehicles under the influence of drugs or alcohol, their poor choices can change other people’s lives forever.
Someone walking on the street should be free to go about their journey without fear of injury or bodily harm, day or night, rain or shine. But because of reckless and negligent drivers, this is not always the case.


Someone taking a simple walk could fall victim to:

Broken bones
Blood loss
Organ Damage
Crosswalk Laws

Under California law, motorists are required to yield the right-of-way to pedestrians in marked and unmarked crosswalks.

California Vehicle Code section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”

The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”

Liability Issues

In cases where negligence or wrongdoing is involved, families of deceased pedestrian accident victims can file what is known as a wrongful death claim seeking compensation for damages such as medical and funeral costs, lost future income, pain and suffering and loss of love and companionship.

An experienced personal injury attorney will also be able to determine whether a dangerous roadway or intersection caused the accident. If that was the case, the governmental agency responsible for maintaining the roadway can also be held liable.

pedestrian accident law

We Will Fight For You

If you or a loved one were the victim of a pedestrian accident, you don’t have to simply accept what happened. You can fight to amend the damage that someone did to your life. Our legal team can help you get compensation for your accident to help pay for medical bills, lost wages, and pain and suffering.

The first step towards finding justice is contacting our Santa Rosa office at 707-571-8600 OR our Marin County office at 415-492-4507 to review and investigate your case.

For more information on how Fiumara & Milligan Law, PC can help you with your serious injury case please click here.

Also Click Here to view my letter to the editor of The Press Democrat on sidewalk and pedestrian safety in Santa Rosa.

Personal Injury Questions

Here, At Fiumara & Milligan Law, PC we get numerous questions from many people regarding personal injury laws in California.

We have compiled a list of the most frequently asked personal injury questions for your reference.

workers compenaaation 2

What Should I Do If I am Involved in An Auto or Other Accident in Santa Rosa or anywhere in the North Bay?

Get As Much Information at the accident scene as possible including:

(1) The name, address, phone number, license tag number and VIN (Vehicle Identification Number) of the other driver/vehicle or person who caused your injury (this is usually inscribed on the dashboard or door panel of the car). Find out if they are the registered owner of the vehicle and, if not, get the registered owner’s name, address and phone #;

(2) Their FULL insurance information including the name of their insurance company, their policy number, a contact phone number (all drivers in California Are Required to Carry a Card evidencing “Financial Responsibility” (i.e. that their vehicle is insured). This information should be on their card.

(3) The names, addresses and phone numbers of any witnesses at the scene who saw what happened. Make a brief note of what they saw.

(4) If you are able to do so: Take pictures with your cell phone or other camera of the position of the vehicles, the property damage to all vehicles involved and any injuries you sustained (such as cuts, bruises, etc.).

Do I really need an attorney for my injury claim?

When you have an accident and another party is at fault, they will have an experienced claims adjuster or defense attorney representing them.


Therefore, it is always best to have someone in YOUR corner, fighting for you.

We are experienced, know the law, and will get you everything to which you are entitled. WE WILL GIVE YOU A FREE CONSULTATION so CALL NOW 707-571-8600 OR 415-492-4507.

What do I do if the other driver has no insurance?

Many times you may be able to proceed against the other driver if he has personal assets to recover. You may also proceed through a process to collect on your own policy if you have either uninsured or under-insured motorist coverage. WE CAN HELP DETERMINE IF THESE ARE OPTIONS.

How will I get around while my car is being repaired or replaced?

You are entitled to a reasonable rental vehicle. WE WILL HELP YOU GET A RENTAL car so that you can get to work.

How much money will I receive from my accident settlement?

Every case is different but, in general, you are entitled to the following:

(a) All of Your Medical Bills Paid (present and future) and your lost wages;
(b) All of Your Property Damages Paid;
(c) Compensation for pain and suffering;
(d) Potentially other compensation

What are the fees for hiring a quality personal injury lawyer?

Believe it or not, in most cases, we charge NOTHING until we recover a settlement for you. When a settlement is reached or upon winning at trial, we will charge only a percentage of the recovery as our fee plus any costs that we have advanced.

How much time do I have to submit my claim?

There are very strict time deadlines on submitting a claim. This is why you should consult an attorney AS SOON AS POSSIBLE after your accident. Delay of even a few weeks in seeking treatment or setting up your claim can significantly reduce the value of your case. Further, failure to file a lawsuit by the statutory deadline can result in losing ANY right to recovery so, CALL NOW !

Every lawyer says they are “good”, how do I know I  have the “best” personal injury lawyer?

There are several things you should consider when hiring an accident attorney.  These include the following:

  • Experience: Our team of lawyers has over 40 years of combined experience litigating accident claims.  We have and do take cases to trial, if necessary in order to obtain the maximum value on the case.
  • Reputation: We have consistently received the highest awards and accolades from our peers and prior clients.  This includes a Superb Avvo rating (the highest rating possible), being named a Top 100 Trial Lawyer, by the National Trial Lawyer Association. A good percentage of our business comes from referrals from other attorneys, past clients and people in the North Bay community who know we have done and will continue to do good work.
  • Attitude: We treat each and every case as if it is our only file. We keep you updated as the case goes along.  This is what we demand and this is what sets us apart from many other “mill” type law firms who simply “churn and burn” files for minimal value, hoping to make it up by “volume”.  We fight hard for each and every one of our clients!
  • Results: Although every case must be evaluated on its own merits, we feel our past results speak for themselves.  We have recovered millions of dollars for our clients over a long period of time.


Construction Accidents In The North Bay

By now, some of you may have heard about the Novato man who was crushed to death by a rolling pipe while working on a construction site a couple days ago in Petaluma.

Each year, thousands of construction workers are injured or killed in construction related accidents. Whether it’s a falling girder, a defective piece of equipment, or a bulldozer without a warning signal, construction workers are constantly exposed to dangerous work environments.

As a result they can suffer serious injuries resulting in a loss of employment, permanent disabilities, and a lifetime of medical bills and in some cases even death.

Fiumara & Milligan Law, PC have years of experience in representing injured construction workers, and know what it takes to bring these cases to a successful conclusion.

Because construction injury cases are complex, you will need an experienced construction accident attorney to successfully handle them. Construction cases typically require the injured worker to bring claims against contractors, subcontractors, developers, owners, material suppliers, architects, engineers and insurance companies, as all of these parties typically attempt to avoid liability for their wrongful conduct and pass it on to others.

Additionally, construction cases frequently require expert witnesses-both medical and construction industry experts-to demonstrate both the cause of the accident and the nature and extent of the employee’s injuries. Accordingly, without an experienced and aggressive construction accident attorney, an injured worker may suffer for years without any compensation while the construction lawsuit carries on.

construction 56

Construction companies and contractors must by law carry workers’ compensation insurance, no matter what the size of the company. Workers’ compensation covers medical care and lost wages, but the payments are limited and do not assign fault. We seek damages above and beyond Workers’ Comp, as the law allows, ensuring that the victim’s current and future needs are fully met. The employer owes a safe work environment for its workers, and is obligated to take reasonable measures to ensure safety.

We seek compensation for victims of construction site accidents relating to negligent or reckless actions and orders, unqualified equipment operators, OSHA violations and other employer liability.

Our California construction site accident lawyers will need to interview witnesses, procure files and plans, study the site of the accident, etc. Some of our clients include steel workers, carpenters, electricians, roofers, sheet metal workers, structural workers, and all tradesmen.

Injuries due to construction accidents are frequently severe, resulting in crushed or amputated limbs, paralysis and spinal cord injuries, burns, vision loss or hearing damage, back and neck injuries, loss of mobility and other permanent disability.

Through jury trial or insurance settlement, Fiumara & Milligan Law, PC will seek maximum compensation for medical expenses and future care, loss of wages and lost earning potential, and other damages such as loss of enjoyment. When these accidents turn fatal, we also represent surviving families in filing wrongful death lawsuits.

If you or a loved one have been seriously hurt in a worksite accident, contact our firm today at 707-571-8600 OR 415-492-4507.


Dog Bites & Animal Attacks In The North Bay

Dog attacks are more common than you realize. The American Humane Association (AMH), estimates that there are 4.7 million dog bites in the U.S. each year; nearly 800,000 of them require medical care.  Most involve children, senior citizens and mail carriers.

About half of all dog bites involve children under age 12 and most – more than 80 percent – of all dog bites treated in hospital emergency rooms involve children under age 15.

The AMH advises parents to educate their children on ways to behave around animals and to properly supervise both your children and your pets. The group has developed a program called Kids Interacting with Dogs Safely.

In the event of an animal attack, the law makes it clear that the owner of the pet is liable. Fiumara & Milligan Law, PC has years of experience in representing children and their families who have been hurt or mauled by animals. We can assist you in obtaining the justice that you deserve.

boxer dog

Types of injuries commonly found in dog bites include:

Bites: Tearing and puncture wounds are caused when the dog clamps down the jaw muscles long canine teeth.

Head or Brain Injuries: Head injuries such as fractured skull and brain injuries can occur as a result of an animal attack and may cause permanent disability.

Broken Bones and Crush Injuries: The jaws of many animals are powerful and may cause bone-crushing wounds during an attack.

Scarring: The face is the most frequent target of attack dogs, including the cheeks, nose, lips and cheeks, causing an estimated 44,000 facial injuries seen in U.S. hospitals each year. These injuries can result in disfiguring scars and can have lingering consequences for victims both physically and emotionally.

Emotional or Psychological Injuries: Victims of animal attacks can be left with life-long emotional scars. Some may develop Post Traumatic Stress Disorder (PTSD), a disorder characterized by debilitating flash backs, night mares and paranoia which could affect their ability to succeed at school or work and require psychological treatment.

Rabies: The deadly disease is transmitted in the saliva of rabid animals and can be fatal if not treated right away. Animal bite victims should immediately seek medical attention in case the animal had rabies.

Death: Dog attacks result in an average of 18 deaths per year in the U.S. In the event of a death by dog attack, the surviving family members are entitled to file a wrongful death action on behalf of the victim.

Speak With a Knowledgeable California Dog Attack Attorney in The North Bay

If you are bitten or attacked promptly tend to your wounds, even if they seem minor to you, to help prevent a possible infection. Call your doctor immediately. You may need to get a tetanus or rabies shot.

Also remember if you or a loved one has been injured by an animal attack, it is important to contact an attorney as soon as possible to protect your rights.

At Fiumara & Milligan Law, PC our personal injury attorneys will conduct a prompt and thorough investigation, collect the important evidence, and deal directly and firmly with the responsible parties.  We can take on the insurance companies on your behalf so you can focus on your recovery.

Bicycle Helmet Laws In The North Bay

The state of California has a law requiring all bicyclists below the age of 18 to wear a bicycle helmet while riding. However, there is no mandatory state law that requires all adult bicyclists to wear a helmet while riding.

However, some cities may have their own ordinances in place that require all bicyclists to wear helmets while riding. It is important for you to know whether your city has an ordinance requiring helmet use while riding a bicycle. It could possibly impact your chances for a claim for compensation if you are involved in a bicycle accident.

If you have suffered head injuries in an accident, because you were not wearing a bicycle helmet at the time, it could significantly impact the success of your claim. You can expect the other party to claim that your injuries would not have occurred if you had been wearing a helmet.

bicycle accident

Additionally, because helmet use is so widely promoted as a way of reducing the risk of head injuries, a court or jury may also be unimpressed with your failure to wear a helmet, and could blame your failure to wear a helmet for your injuries.

A bicycle helmet cannot protect against every type of head injury. If you can prove that wearing a helmet would not have prevented your injury in any way, then you may still be eligible for compensation.

Contact Fiumara & Milligan Law, PC today at 707-571-8600 OR 415-492-4507 if you or a loved one has been injured in a bicycle accident anywhere in the North Bay.

We Will fight for YOU!



Sonoma and Marin Counties Nursing Home Abuse Lawyers! What Constitutes Nursing Home Abuse? What signs to look for:

Recently, our law firm was able to get a good settlement for a family whose mother was badly injured at a nursing home and eventually died from her injuries relating to her fall.  Despite the nursing home’s attempts to file bankruptcy, further complicating the case, we prevailed.

Oftentimes you hear the stories about nursing home neglect from the newspaper accounts but there is a lot of hidden horrors and tragedies that go unreported so families must become vigilant in keeping their elderly  family members and loved ones who are housed in these facilities protected.

We, as a law firm and as individuals, passionately believe that our most vulnerable citizens should never be exposed to any type of abuse whether it be of a physical, emotional, mental, financial or even sexual in nature.


Our law firm stands ready to utilize all of our cumulative and combined legal skills and experience to bring any nursing home abuse to the light of day. Through the civil law process  through litigation we bring the abuse to the attention of the public, but more importantly try to get the victims and their families well compensated for their pain and suffering or worse, loss.

Our law firm has over twenty-five years of experience in pursuing justice for those who have suffered injury and harm through the negligence and/or misconduct of third parties.  A seasoned trial attorney will prepare every single case as though it is going to trial so that every legal maneuver and option can become available for the benefit of the plaintiff client.  This careful approach also ensures that YOUR case is going to be thoroughly and meticulously handled up until there is a jury verdict, it that is what has to be done.

Through our law firm’s persistence, tenaciousness, and excellent legal skills we have obtained millions of dollars in rightful compensation for the people and victims we have served.  Please see our top results (Please click here).

Nursing home abuse comes in many different forms.  It can occur through physical abuse by staff and other third parties who have access to the facility.  The other form that is more difficult to prove is emotional or mental abuse that can occur in many different settings and in many different ways.

Therefore, it is very important for YOU to report any suspected behavioral changes in the behavioral pattern of those you love who are currently housed at an elder care facility or a nursing home.  Financial abuse and exploitation can be just as difficult to determine so it is incumbent upon the family to be vigilant.

If you suspect any financial exploitation, you can always make an appointment and speak with us free of charge.  Sexual abuse,  still a very taboo subject,  and in many cases an under-reported crime in nursing homes, is becoming much more talked about and investigated.

Again, it is up to YOU and family members to be on the lookout for any signs of physical or mental sexual abuse.

As a family member and perhaps in the capacity of the trustee for a relative or friend housed at a nursing home, YOU have a duty to detect nursing home abuse.  However, if you are not sure, please contact our office.

Neglect can consist of malnutrition, dehydration, and a lack of proper hygiene.  Bed sores or pressure ulcers are often a sign of neglect.  There are other means to determine neglect and they often arise with over-medication and even a lack of medication are considered a form of  elder and Nursing Home abuse.  The same is true as to the use of physical restraints used on residents which amounts to nothing less than “false imprisonment.”

Abuse can be suspected where a resident develops bruises, fractures, sprains or other unexplained physical injuries.  The same can be true  in cases where the elderly victim displays fear, agitation, depression or other emotional reactions relating to those who care for them at the nursing home.

nursing-home-abuse1 (1)

However, one needs to be careful because many of the ailments and/or diseases, i.e., Alzheimer’s, can lead to fits of rage or agitation.  Slapping, pinching, and other forms of force are types of abuse an elderly person may suffer at the hands of caretakers or even other nursing home residents who are being cared for in the same facility.

Sexual abuse as we stated above, a taboo subject, as it occurs in our jails and prisons, it occurs in nursing homes where residents are fragile,  and not able to defend themselves.  Financial abuse is often uncovered by reviewing  financial  and banking records and  or by noticing  unexpected or untimely changes in wills, trust documents and gift giving by the elderly resident of nursing homes.  All of these reasons should put you and your family on guard.

If you are not sure or you have questions about what constitutes Elder Abuse, or in this case, NURSING HOME ABUSE  we  encourage you to discuss your case with us at a free, confidential consultation—As we all know, nursing homes are required under the law to provide  a safe and caring environments for their residents, residents who as your family members have been good, law abiding citizens who you want to see get the very best treatment in the waning years of their lives.

When your loved ones fail to get the services and treatment that they need and deserve, you may have no other choice but to resort to legal action.

If you believe that any one of your family members has been abused, you may have grounds for a personal injury lawsuit.   Please do not hesitate to contact our law office to arrange to speak with one of our experienced nursing home abuse attorneys in either Santa Rosa, in Sonoma County, and/or our San Rafael office in Marin County that is also centrally and conveniently located with plenty of free parking.

Don’t hesitate if you have any doubt, it is better to be safe than sorry.

North Bay Car Insurance Compliance & Laws

Any time you get into your car, you’re running the risk of being involved in a car accident.

There are many drivers on the road in Sonoma County and surrounding areas, and the slightest lapse in judgment or concentration on the part of another driver can have devastating consequences for you.

Unfortunately, in a recent report compiled by state insurance departments, California ranked 47th in the country with regard to auto insurance requirements mandated by law and driver compliance to these laws. This means there’s a significant chance that the damages you incur in a car accident won’t be covered by the other driver’s insurance.


California law mandates the following minimum insurance coverage for all drivers:

  • $15,000/person in bodily injury coverage
  • $30,000/accident in bodily injury coverage
  • $5,000/accident in property damage coverage

These figures are significantly lower than the minimum coverage requirements mandated by many other states, which is one of the reasons why California was ranked 47th in this study. It’s highly possible that you’re damages won’t be entirely covered if you’re injured in a car accident caused by a driver who only has the minimum coverage required by law. In addition, the study estimates that nearly 15% of all California drivers don’t have any insurance coverage, a situation that would create even greater financial hardships for you in the event of an accident.

If you’ve been injured in a car accident caused by an uninsured or under-insured driver, it’s critical to work with an experienced lawyer who can make sure your rights are protected. Fiumara & Milligan Law, PC have been handling car accident cases for individuals in The North Bay for more than 23 years, and we fight aggressively to help you maximize the value of your compensation.

Please contact our law offices today at 707-571-8600 OR 415-492-4507 today to schedule your free car accident consultation.