Malcolm X (640x480)


Asperatus clouds can take on strange even macabre shapes.  They can be gray or dark; they can hang low even to the ground then extend upward for miles high. They can obstruct vision completely or just hang shadows like a pall over everyone. All of that, instead of yellow sun beams, filtered through open sky are mood mixers that swirl even in one’s mind; so up, and down, and around you go.  But never found is an eye in the center of such a mental swirl; never an eye in the center that leads to an open mind with a clear vision out. Malcolm was a mood mixer; he says that he mixed nutmeg to get high. Initially he would do anything to get Benzedrine, reefers, nicotine, and Nembutal. He would even buy it from the prison guards.  The fact that Malcolm would get his drugs from the guards is a lesson in itself because how he got his drugs is analogous to how drugs get into the community at large.  Government officials have always played a role in trafficking illicit drugs into the African American community. They garner huge profits from doing so and they corrupt the community as well. The prison system is a microcosm of society at large.

Malcolm was a drug addict. Malcolm could not begin his recovery journey while addicted to drugs. Substance abuse will prevent you from thinking logically and distort your emotional reactions to conditions in your surroundings. You will not know that you are dying anymore than someone who once lived can know that they are dead.

In case you don’t know it let me pull your coat. The prison system is a form of assisted suicide. For those who hate themselves and want to die, all aspects of prison are set to assist them in a painfully slow or painfully quick death. Malcolm’s bio-rhythms had been disrupted by the lifestyle he lived for years. As a consequence he could not sleep. Since he did not understand the relation between his lifestyle and bio-rhythms, he resorted to street treatments. He sought out drugs to treat his pain. Malcolm took Nembutal also known as pentobarbital, a veterinary medicine; it is also known as ‘death in a bottle’.  Malcolm was depressed and he wanted to die.  He had long lost both hope and his conscience. Prisons are human shredders; it would have assisted him to die.


A sociopath is one who suffers a personality disorder and who is antisocial.  This concept to some degree is politically vague.  But generally, a sociopath lacks or has an underdeveloped conscience; he or she has little or no capacity to empathize with others and thus lives an extremely selfish life. Drug use can make you into a sociopath. That’s what happened to Malcolm. Malcolm had become a depressed sociopath at the time he was sentenced to prison; he had a death wish.  He wanted to sleep and never wake up again. Would he have admitted that? I think the answer to that question is no. But actions speak louder than words. He was in denial and you are probably in denial, too. There was no eye at the center of the storm raging in his mind; there was no way for him to see his way out because he was covered by a death pall called addiction.  His prison cell was his casket; all that remained to be done was to shut the top, lock it, and for it to be buried. No autopsy need be performed on his body because the cause of death is known. Epitaph: here lies the body of a person who became too afraid to live; a person who wanted to die. Here lies a weak drug addict.

There are prison graveyards situated in the back of many prisons across the nation. They are populated with uncounted thousands of people who died in prison by assisted suicide. They are marked only with a number. They are forgotten men and women. If you’re in prison you will more likely than not be buried there. You were more than likely a sociopath who used drugs and/or alcohol and probably you were under the influence of one or many of them when you were arrested. For that reason any reasonable person would conclude that you wanted to get caught or die at the scene of the crime. Mass killers are an extreme example of your mind set. They kill people in movie theaters or shopping malls or at schools then they turn the gun on themselves and commit suicide.

Detroit Red (Malcolm) wanted to get caught or die, too.  But Malcolm changed by ceasing his substance abuse while he was in prison. The message from Malcolm X on drug use is clear: only unwise people take drugs. If you use drugs for non-medical reasons then you are self-medicating for problems you need to identify. If you don’t stop using drugs to alter your mood you will be no good to anyone especially your children.  Why hurt your children?  Find a 12 step program; read the ‘Big Book’ and start your recovery. Only you can do it. Why don’t you start now?


From The Book: A Particular Line of Reasoning, by Dr. Steven Nur Ahmed

Book Cover Earthcolony



For a man who epitomizes in so many ways the very spirit of the modern scientific method by his meticulous natural observations and application of inductive reasoning, Charles Darwin either knowingly or unknowingly welds onto his grand theory of natural selection several theoretical corollaries which fit straight onto the line of reasoning which we have so painstakingly traced from Plato and Aristotle.[1]   His book was entitled: ‘On the Origen of Natural Selection or the Preservation of Favored Races in the Struggle for life’ (1859’). We are only concerned with those corollary theories which support the thesis of this book and so shall not challenge Darwin’s major theory except to say that it, too, originates within the set of assumptions and methodology laid out by Aristotle.  Simply put, Darwin is an Aristotelian naturalist.  What underlies his theory is the same assumption of proportionate justice or natural law which is central to Aristotle’s theory of nature.

The first evidence to support the thesis that Darwin continues in the line of reasoning we have previously identified is found in ‘The Descent of Man’. Besides giving credence to the concept of ‘race’, he states regarding hominid physical differences that there are corresponding ‘mental’ differences: “The races differ also in constitution,” and “Their mental characteristics are likewise very distinct…partly in their intellectual faculties.”[2] Darwin then takes a major leap far above the bar raised by Plato and Aristotle’s admonition to kill all deformed infants.  He posits the theory of extinction as being a by-product of natural selection, i.e., the fitness or unfitness of a species as measured by their respective number of offspring, competitive success in obtaining material resources, and adaptation to changing environmental conditions. He states the outcome of his natural drama in these words: “At some future period, not very distant as measured by centuries, the civilized races of man will almost certainly exterminate and replace throughout the world the savage races. At the same time the anthropomorphous apes…will no doubt be exterminated. The break will then be rendered wider, for it will intervene between man in a more civilized state, as we may hope, than the Caucasian, and some ape as low as a baboon, instead of as at the present between the Negro or Australian and the gorilla.”[3]  Here he cleverly states that eventually there will be a greater gap between the highest race and the lowest primate, once Negroes become extinct.

But Darwin also follows closely Aristotle’s evaluation of women.  He parallels closely the comments made by Aristotle in his ‘History of Animals’. Therein he states that women suffer a monthly episode of ‘catamania’[4] Darwin states more categorically that women are intellectually inferior to man and that she is more like the lower races.  He then quotes his cousin Francis Galton: “…if men are capable of a decided pre-eminence over women in many subjects, the average of mental power in man must be above that of women.”[5] As we shall see this is the same application of the normal distribution curve to support the modern theory of inherent intellectual differences between the ‘races’. He concludes by saying: “Thus, man has ultimately become superior to women.”[6] With but a few changes, we may thus peek Darwin’s hidden premise that ‘white men have ultimately become superior to all other races both male and females.’  In fact he says as much.

In his book: ‘The Decent of Man’, Darwin predicts the global genocide of savage races by a superior race.   Once again his central theory of proportionate justice designated by him to be ‘natural selection’ is the ‘invisible hand’ working to adjust survival merit based upon the greater or lesser actualization of survival potential in competing gene pools.  Never mind at this point the fallacious assumption of ‘pure race’ as promulgated by Plato and Aristotle.  Rather, let us remember Plato’s query in ‘the Republic’: ‘How do we make them believe?’ The point here is that the genocidal outcome predicted by Darwin is less the operation of nature and more the product of solicitation and conspiracy.

It is no coincidence that Darwin’s description of nature is so very much analogous with Adam Smith’s central theory of capitalism.[7] Both theorists argue from Aristotle’s natural law theory.  Adam Smith’s interests lie within a far more limited scope of nature; indeed it is an artificial replication of nature revealed through the ‘market place’. But the dynamic interaction of supply and demand nevertheless manifests as the same struggle of the fit which Darwin describes in the natural order.  Deducible from the thesis of both Darwin and Smith is the conclusion that some human groups will be wiped from the face of the earth or the market place, forever.










[1] Charles Darwin, Origin of Species by Means of Natural Selection and the Descent of Man and Selection in relation to Sex, William Benton, Publisher, Encyclopedia Britannica, Inc., Great Books, 1952

[2] Ibid

[3] Ibid

[4] Aristotle, History of Animals, [581]

[5] Ibid, Chapter 19; pp 566-567

[6] Ibid

[7] Adam Smith, Wealth of Nations, 1776


C=B:E. Learn this equation because your life may depend upon it.  It means that the carrying capacity (C) of any given environment increases or decreases as the biotic potential (a living being’s potential to have offspring)(B) goes up or down in relation to resistance by the environment (E) going up or down.  For example, I once lived on a 500 acre farm in Mississippi during the 1950s.  My grandfather had 16 children. Now there were 18 persons on the land. They were each given an acre or two on which to build a home when they married.  Each of the sons and some of the daughters married and then built homes for themselves on the family farm.

They in turn had over 8 or 9 children. So now that original 2+16=18 had become 2+16×9 or approximately 160 descendents plus my grandfather and grandmother (162). By the mid 1950s, the number of grandchildren had become so numerous that it became impossible to apportion land to each grandson upon their marriage because to do so would have decreased the agricultural capacity of the farm and its gross domestic product or put another way it would have reduced how much commodities the farm could produce in a year. Also there was the risk that over use of the soil would have depleted it as well as water resources. All of that over time would have decreased the amount of surplus produce and money earned each year thus slowly causing each family to suffer a decline in their overall quality of life.

Those 160 grandchildren grew to maturity and started to have children.  Even if each of them had but 5 children apiece which was normal in the mid 1950s it would have constituted 2+16+160×5=818 more family members. Therefore it was no longer feasible to continue the tradition of giving direct descendents an acre or two from the land and a share in the wealth produced by the farm. The carrying capacity of the farm land was reduced by the resistance of the environment to any further population growth because there were too many mouths to feed and not enough resources to insure that each new generation could get from the farm an equal or greater share of its resources.  It was impossible to maintain a reasonable standard of life for all. It was a clear example of the law of diminishing returns.


The law of diminishing returns is applicable on a worldwide basis, too.  There are over 7,100,063,581 (billion) people on earth right now as of this writing.[1] Each generation of people in developing nations want to live an American lifestyle and so want to live in cities and have more material luxuries than what the previous generations had. Our world population will increase to over 9 billion in two decades. But at the same time in the more industrialized countries fertility rates are decreasing to far below replacement levels.[2] That indicates that later this century (2048 or 2050) our world population is going to nose dive and it may never recover. It may not recover because the environment will resist human recovery because the environment will not meet the basic needs of human beings worldwide.

Note this, 50% of all life is supported by the oceans and seas and 80% of the world’s human population lives on coastal regions. Big sea life stocks are down by 90% since 1950 and most stocks are predicted to collapse by 2048 because of new bottom trawling and dredge techniques for fishing.[3] Now, approximately 1000 species of animal go extinct every year compared to just 3% per year for hundreds of thousands of years. Fresh water lakes are drying up, too. For example, Lake Mead in Nevada is at an all time low; Lake Chad in Africa is virtually dried up.

None of these facts are a surprise to government experts. Their studies anticipated these conditions decades ago and are correlated with global population growth. They also predicted even worse conditions to come in the 21st century.  Some people will argue that there are moral reasons such as greed and waste which are the causes of the problems cited above.  Other people will argue that the cause of our problems is the irresponsible use of modern fossil burning technologies. Still other people will argue that our problems are unavoidable and therefore are the inevitable outcome of ‘divine command’ necessity even though there are hundreds of religions throughout the world with different divine command prophesy each contradicting the other. The only thing that we can predict with absolute certainty about future human behavior is that we will seek out food and water and that we will reproduce offspring whenever possible.

The fact is there have been natural crises before which predate written history and all known religious world views.  For example, approximately 80,000 years ago natural disasters reduced the human population to about 2,000 individuals.[4] So, what we face is neither solely due to immorality nor solely due to the burning of fossil fuels. The environmental problems we face are a combination of each. The fact is that we like every other life form on earth are subject to thousands of natural cycles which interplay with the demands which organic life makes on what for us are limited resources.

We are now at a hinge period in natural history and civil history.  It just so happens that both catastrophic natural changes and our moral decline are in sync. But even if we were doing fine morally we’d still be in decline. The fact that we are not doing fine morally means that we face a horrible nightmare. There is nothing that we can do to stop natural cycles from playing out to their natural end. Those forces do not conform to our logic and are absolutely impersonal in their operations.  We will not stop our moral decline either.


My 750 relatives migrated to the northeast, east and west coasts to find their means of support in large urban centers. They individually made more cash income and had between 3 and 6 children per household. Some bought homes and earned equity in those homes. Others rented. But whether they rented or bought their homes they shared a common economic loss; none of them were making, producing or growing things anymore. They didn’t pay attention to that because it was so convenient to just go to the grocery store for produce they once grew.  All of that reinforced an illusion of prosperity but in reality they were becoming poorer.

All seemed to be going well for a few decades. My folks plunged head first into the golden age of materialism in America. But what they didn’t see was the coming of an economic tsunami. Nor did the people who presented themselves as their leaders see it coming. The complexities of urban life started to erode the moral basis of their traditional upbringing. Crime went up especially drug use. Drugs, like crack cocaine, were imported into their neighborhoods to siphon off their surplus cash income. For those reasons and many others, mothers and fathers began to increasingly walk away from their children and never to return.  The family was broken and under the circumstances it will be impossible to put the traditional family back together again because it was born of a different soil.  Then they found themselves surrounded by a different culture in which homicide and suicide became normative.

To compound the moral crisis facing my folks they then got a hard lesson in capitalism. Major corporations started to relocate overseas to exploit cheap labor and to avoid taxation.  Now in the cities without as many factory jobs, cash flow started to dry up. Reality started to set in during the 1980s. African American unemployment numbers started to increase while an annual 3% inflation rate eroded the value of the dollar while drugs and prison life eroded the moral fiber of whole neighborhoods.

Now thousands of my relatives and millions of other African Americans became stranded in economically broken cities like Detroit, Mich., Oakland, Ca. and Compton, Ca.; they are in deep trouble. But given all of that there is another piece of the puzzle they do not have; it is the demographic piece and none of the so called leaders are really telling us what is coming and coming soon.

Between 1946 and 1964, about 7,500,000 African Americans were born as part of the baby boom generation. By use of simple arithmetic we can see into the future. If we add 85 to 1965 it would make a person born in 1965 eighty-five years of age in the year 2050.  By that time most baby boomers will be dead. There would be by that time a total loss of 7,500,000 African Americans.  Over that 19 year period beginning in 2031 leading up to 2050, our folks will suffer an increasing death rate due to many health related causes correlated with a decreasing fertility rate which is now (2013) at below replacement (1.9 babies per women 15 to 44) and the largest population decline in their history.  Things will never be the same.  We can see in the present demographic figures the answer to the question ‘why?’

The birth rate for married African American women was 137.3 per 1000 women between the ages of 15 and 44 in 1950. That birth rate peaked in 1959; 1959 was the year that the birth control pill was approved by the FDA. By the year 1997, the birth rate for married African American women was 70.7 per 1000 women ages 15 to 44. That is a near 50% decrease in the birth rate. At the same time there was a corresponding increase in births to unmarried African American women. Beginning in 1946, the number of births to unmarried African American women was 17.3 births per 1000 or 17%; by 1995 it reached 50.5 per 1000 or 70% of all births to unmarried African American women ages 15 to 44.

In 2005, the ratio of live births to abortions for married African American women was 71.9 births to 18.8 abortions. Conversely, unmarried African American women are more likely to abort their fetus. The facts compel us to conclude that African American women are more likely to carry their baby to term if they are married. But the trend is toward fewer and fewer marriages in the future.  The decline in the marriage rate is correlated with a rise in abortion.  The conclusion? Destroy the black family and they will terminate their own black fetuses.

From 1973[5] to 2011, there have been 54,559,615 reported abortions in the United States. Of that number, 72% were done by African American women. That equals 39,282,922 abortions over a 40 year period.  The ratio in 2005 for unmarried African American women is 67.8 births to 62 abortions. Between 1993 and 2005 for every birth there was an abortion among unmarried African American women.  This is an ethnic catastrophe.

What we are compelled to infer based upon these facts is that the abortion rate and/or birth control to prevent birth will probably remain high at over 48 per 1000 African American women over the next ten years. Two factors make this likely. The children of the baby boomers are the most physically unfit and culturally maladjusted generation of African Americans to ever live. Secondly, the unmarried rate will likely remain high or increase. Approximately 73% of African American women are unmarried. Thirdly, sexuality is independent of marital status.  It adapts to all circumstances. Water conforms to the vessel into which it is poured.

We need not make a moral judgment regarding abortion and a women’s right to choose for us to have common ground upon which to agree that there will be catastrophic consequences for all African Americans alive during the later part of the 21st century for the high abortion rate and declining marriage rate.  We should start now to prepare ourselves for what is to come.


Civil rights is no longer the big issue. We have been given all the civil rights that we will ever get in America. The civil rights bag is empty. We African Americans are actors on the vast stage of human history in this hinge period. Global changes are quickly reducing the carrying capacity of the earth itself and we are on it and so we too are in trouble. There are going to be unimaginable changes. We are not prepared for those changes in whatever form they take.

So called African American civil rights proponents who continue to apply the same strategic formula that Dr. Martin Luther King did in the 1950s and 60s would have you think that the most pressing issue or set of problems facing African Americans today in 2013 are those same civil rights issues of the last 200 years.  They are political whores for the major democratic and republican parties; they are turned out to turn tricks for those parties to get for them ‘black’ votes. They are used by the elite as distractions from the more pressing issues we face. They are wrong and it may cost us many lives if we do not see through their fallacious arguments.


The strategies of Dr. King were tooled for the constitutional issues and civil rights circumstances of a particular era. Those unique circumstances which existed in the 1950s and 60s are no longer central issues for us. For example, much of the industrial base of the Unites States has relocated outside the United States and thus no longer exists in urban centers such as Detroit Michigan and Oakland California; they are not coming back. The economic non-employment participation rate for African Americans is 41.8%[6]. The high school dropout rate in most urban centers is over 50% for African American males. African Americans give over $1,000,000,000 (trillion) dollars away every year and over 33% of our people live in poverty. These are not the government’s problems. The Constitution does not mandate government to make jobs for its citizens; it was established to protect constitutional rights, to defend against foreign enemies, to enforce civil and criminal law, and to take a census every 10 years.

Therefore, for these and other reasons the civil rights strategies are not applicable to the problems which we face today because today’s problems are economic and moral through and through. Our problems today are different by nature and will not be solved by mass public demonstrations.  We must evolve a new family structure which will be efficient in the socialization of our children. We must keep our money. We must pool our money. We must build our capital. We must publicly shame those who don’t.

[1] See:

[2] Euro Stat and U.S. Bureau of Census: 1.5 in Japan; 1.9 in the United States;1.9 United Kingdom; 1.4 in Germany; 1.4 Italy; 1.6 in Russia


[4] 74,000 Years Ago, the Human Species Was at the Brink of Extinction, by Stefan Anitei, pub. SoftPedia, 2007

[5] Roe v. Wade, 93 S. Ct. 705 (1973)

[6] Current Population Survey, 2009

Intelligent Extra-Terrestrial Beings Do Exist: A Report By Dr. Steven Nur Ahmed

Dear Readers,

What I am presenting to you is not a thesis. What I am presenting to you is an objective report.  The craft that I am reporting on is real. Only afterward will I draw some inferences based solely upon my report and 15 months of the careful research and study of my evidence.  I do not claim to be right with respect to my inferences.  I am still thinking on them. 

My name is Steven Nur Ahmed. On Thursday night, December 1, 2011, my youngest daughter asked me to help her choose an extra credit science project.  After listening to her I asked her to give me a couple of days to think on it. 

The next day, December 2, 2011 at about 7:00 a.m., I was on my way to work.  I was taking my usual route to work along highway 205 to interstate highway 5 in Tracy, California. While driving I noticed a cloud formation.  I thought about what kind of science project might be interesting.  I remembered that for about a year I had been doing research on an unusual new cloud formation which had only recently been given the name ‘Asperatus’ cloud.  The cloud formation which I observed while driving was an Asperatus formation. 

I thought that a project on Asperatus cloud formations would be a good science project for my daughter.  Luckily, I had with me my iphone. It was on the passenger’s seat. While driving, I picked up the iphone and took two pictures of the cloud formation. The sun was at my back to the east; it was just beginning to illumine the morning sky. I was facing westward. This is the first picture I took of the cloud. (See Exhibit #1)

 photo (1)

Later, at home, I printed the picture and put a transparent grid onto it.  I carefully looked at each square to observe its content. I then observed at the top right hand corner of the cloud formation a shiny object angled at 45 degrees.  It was not shaped like a plane, a blimp, or a drone.  I did a thorough review of modern aircraft pictures in various encyclopedias; its form did not conform to any man made air craft.  The second exhibit is a magnification of 600x.  (See Exhibit #2)

 photo 2

The next exhibit is a black and white picture of the craft. (See Exhibit #3)


After magnifying the picture in color, I subtracted the color to see it in black and white. The above picture is black and white of the same craft. 

Later, I took the same picture to a copy center and had it blown up to the size of a chalk board.  That picture brought out even more detail on the craft. 

I observed on the picture that it was disk shaped; that along the full length of its midsection there are clearly visible bright lighted squares separated by lattices.  Observable at the lower left end one of the bright squares is partially opened into the craft as a ‘bay hatch’ would be on a ship. 

Observable in the black and white picture is a bright transparent hub which can be seen on top of the craft and secondly, underneath the craft clearly observable are four defined spheres (orbs) attached to the craft and to each other.

Later I did a simple triangulation from my position on highway 205.  I was able to determine that the craft was positioned at an angle giving to it a full top view of Lawrence Livermore Lab in the city of Livermore, California.

My observation by means of my iphone camera was purely serendipitous.  I was not UFO hunting.  It was not my intent to take a picture of a UFO.



I have researched and studied my pictures for over a year.  I have shared them with only a hand full of people.  I have drawn some inferences which I now share with you:

1.)   Our government has been and is withholding information about intelligent beings who are not a product of the natural evolution of life on this planet Earth.

2.)  The U.S. Air Force Academy’s Physics course taught in its text book in the 50s and 60s that ‘Unidentified Flying Objects’ exist and that they have been here for over 50,000 years.

3.)  The craft was over a major city (Livermore) yet was not challenged by our Air Force.  These are the possible reasons: a. our government knew about the craft and chose not to challenge it because there is nothing it can do about the craft; b. our government is working for the occupants of the craft; c. our government didn’t know that the craft was present; d. if we had challenged them it would have brought attention to their presence; e. our government is/was enriching plutonium and doing genetics research at Lawrence Livermore Lab and the Intelligent Extra Terrestrials don’t like it.

4.)  The craft is able to absorb visible light (not reflect it) in the sky and thus does not appear within our range of light sensitivity. (See: Electro-Magnetic Spectrum: visible light)

5.)  I got a picture of one so they do not mind being seen or they are fallible but not fearful. 

6.)  The spheres are surveillance devises able to take in spherical motion pictures. They are often referred to as ‘fire balls’. They are seen as bright colors. (see: ‘Foo Fighter Orbs’ reported by world war two pilots.)

7.)  The shape of the surveillance devices suggests something about their eyes  (large like a fly’s eyes with thousands of lenses) and the structure of some aspects of their neurology.  Probably, their field of vision is far greater than the 180 degree semi spherical field of vision which we have. For example: if you look straight ahead you see a one half image bubble. They would be able to see behind their shoulders. Their technology is adapted to their visual organs. 

8.)  The craft and spheres are far more advanced above what Human Beings have made and the fact that they were over our national air space without being challenged means they are dominant over us.

9.)  They know our complete history.  a) They know our nature; b) It is more likely than not that we have been genetically altered by them.

They are involved in our development and we (the earth) are their colony or put another way, we are their zoo.


Few people are telling you the truth about our global status. Your government is not.  Most spokes persons are not either because their ignorant or afraid.  This cannot be explained by means of any world religion.  They do not subscribe to our belief systems. They are obviously scientifically oriented.  We are probably not capable of comprehending their level of science any more than a chimpanzee can comprehend calculus.    

I have a few remaining questions. What are they harvesting from the earth? Or put another way; what have they been getting from the earth?  Are we simply their entertainment?  Our follies projected onto their minds as a mixture of violence and comedy?  Are their craft ‘cruise ships’ full of vacationing E.T.s?  They are not going to destroy us; they could have done that when we were in the stone age. 

I highly advise you to think about this. 


After further observation of the cloud new questions arise.  Does the cloud formation conform to an upward spiral?  Does it express the Fibonacci sequence? If both questions can be answered in the affirmative, then does the cloud formation signify an intent on the part of the alians to communicate their presence in mathematical form?

Addendum #2

I have further infered that; 1. where there is one craft there are more; 2. where there are 2 or more craft then there must be a base of operation; 3. the base of operation must be signicficantly larger than any two craft; 4. there must be many alians; 5. there must be a location where the base of operation is situated; 6. the base of operation must be secure and secured by weapons but not necessarily distructive weapons.














Car Accident Considerations – By Wayne Johnson, Attorney, Oakland, California

If you are injured in an automobile accident in the State of California you should know what to do.   Whether you are at fault or not, you should not say anything to the other party about the accident.   Do not discuss the accident with the other person’s insurance company.  In some circumstances it may not be wise to discuss the matter with your own insurance company.  If the other person does not have sufficient insurance to cover your claim, you may have to pursue your own carrier for uninsured or “underinsurance” motorist’s coverage.

Many times the police will not come out to take an accident report.  If there are no injuries or there is not a traffic problem, they probably will not come out.  You will have to make a report at the station or with the Department of Motor Vehicles (DMV).

A police report is not usually admissible in a court because it is a “hearsay” document.  That means it is an out of court statement offered for the truth of the matter asserted.  However, statements of witnesses that are signed and included in a police report may be admissible in court for other purposes.

Many times insurance carriers do; however, rely upon the police reports to decide who is at fault.   Sometimes you may have to go to trial to discredit a witness statement or a police account, that may include distances and witness statements, of an accident.

Some accidents do not require a police report.  California law requires traffic accidents on a California street/highway or private property to be reported to the Department of Motor Vehicles (DMV) within 10 days if there was an injury, death, or property damage in excess of $750. Untimely reporting could result in DMV suspending a driver license.

Duty to Stop at Scene of Accident

California Vehicle Code § 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 Vehicle Code Sections 20003 and 20004.

California Vehicle Code § 20008.  (a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred.  If the agency that receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency that is responsible for investigating the accident.

If you receive bodily injuries, and you want to be adequately compensated for your medical bills, wage or opportunity loss, and / or pain and suffering, you should build a case.   You can build a case on your own; however, attorneys should know the business, like automobile mechanics should know cars, and they may be much more qualified to get you a fair result.

You and your attorney can agree to any form of compensation; however, most attorneys seek compensation based upon a contingency contract.  That means they get a percentage of the recovery, and if there is no recovery you will not have to pay any attorney’s fees.   The percentage is negotiable too.  However, you should consider not just the percentage.  You should consider the ability of the attorney to get you a fair result.  It is better to receive two thirds of $10,000 than 100% of $5,000.

There may be costs associated with pursuing your claim, like postage, telephone charges, deposition costs, filing fees, and process server fees.  Some attorneys advance costs.  That means they pay them at the out set and collect them off the top of any recovery.   Others will require you to advance the costs.  Still other work out a hybrid, where they pay some of the costs and the client advances others.

If you just want to be compensated for your property damage, usually that is an academic procedure that considers the fair market value of the vehicle and the work so you may not want to pay an attorney for assisting you with the vehicle damage.   However, if you are having difficulty, hiring an attorney may be the best route.

If you are seeking compensation for bodily injuries, you may be required to see a physician or other healthcare provider.  In addition, depending on the injuries you may be required to seek physical therapy or chiropractic care on a regular basis for several weeks or months.  If you received a cut you may want to seek a plastic surgeon.   If you have pre-existing injuries you should disclose the injuries to your healthcare provider so that he or she can properly resolve all of your issues.   If you have a pres-existing injury, you may be compensated for any worsening of the condition.

If the accident was particularly traumatic, you may want to visit a psychiatrist or other therapist.   If you do not seek treatment early or frequently you may damage your case.

Occasionally, people are killed in accidents.  There are loved ones who may want to be compensated for the family and economic loss.

After you have been seen at the medical facility of your choice, then you should make an appointment with an attorney of your choice if you decide to take that route.

You should also consider that some of these cases take time to resolve.  Only about 5% of the cases go to trial.   Most factually undisputed cases settle before a lawsuit is filed.

Because Medicare and Medi-Cal have enforceable liens, you are now required to get a clearance from Medicare and or Medi-Cal before settling a case.  Healthcare providers, including Kaiser, also place liens on recoveries.  Family support liens may also take time to resolve.

Should you want to discuss a personal injury case you may contact Wayne Johnson at (510) 451-1166 or   Wayne Johnson does civil and criminal litigation.