Wrongful Death
16-Year-Old Girl From Bell Killed In Crash On 605 Freeway
A 16-year-old girl from the city of Bell was killed in a crash on the (605) Freeway in Baldwin Hills.
California Highway Patrol officer Aaron Santelcas says the accident on the transition road from the northbound freeway to eastbound San Bernardino (10) Freeway was reported at 12:01 a.m.
The victim, identified as Ashley Ruth Garcia, was a passenger in the vehicle. She died at the scene.
The driver, identified only as a 20-year-old man also from Bell, was transported to County-USC Medical Center with major injuries.
Santelcas said the vehicle was traveling at a high rate of speed.
Cause of the 605 Crash
As a passenger, the deceased could have done nothing to prevent this fatal roll over collision that ultimately took her life . The California Highway Patrol will surely look at the speed of the vehicle, witness reports, and other factors to determine what occurred and who was responsible. Roll over collisions such as this one can have countless causes, including unsafe passing maneuvers, swerving to avoid an object in the road, falling asleep at the wheel, driving under the influence, or driver distraction. No other vehicles were involved .
Liability for Wrongful Death Car Accidents
Seeking immediate counsel from an experienced California automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to.
Attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with the loss of a loved one. The Law Offices of Gary A Kessler carefully selects its wrongful death cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case. As in all catastrophic injury and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained catastrophic injuries you need to contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence. The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.
DUI suspect drives with pedestrian on car’s hood
An alleged drunken driver hit a pedestrian and drove with the dying man on her car’s hood for more than two miles in Torrance before witnesses stopped her, authorities said .
Sherri Wilkins, 51, was arrested late Saturday on suspicion of driving under the influence and manslaughter, said Torrance police Sgt. Robert Watt.
Phillip Moreno was crossing Torrance Boulevard near Madrid Avenue when he was hit shortly after 11 p.m. Wilkins drove approximately 2.3 miles with the 31-year-old man on the hood of the car, until fellow motorists persuaded her to stop near Crenshaw Boulevard and 182nd Street, according to a police statement.
She told investigators she knew she had struck someone but kept driving “because she was panicking,” Watt said.
Moreno, of Torrance, was alive when officers arrived, Watt said. He was rushed to a hospital, where he was pronounced dead.
Police found his shoes and shorts at the scene of the collision.
“He was knocked out of his clothes,” Watt said.
Investigators are asking witnesses who saw the collision to contact police.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
Pedestrian Fatally Struck, Driver Flees, Later Caught
On Saturday November 24, 2012, at 5:11 PM, officers from the Coachella Police Department were dispatched to Avenue 49 south of Harrison Street in the City of Coachella regarding a major injury traffic collision involving a sport utility vehicle (SUV) and a pedestrian. The driver of the SUV fled the scene prior to the officers’ arrival.
The investigation revealed that the pedestrian was in the process of crossing Avenue 49 from south to north when she was struck by the SUV traveling westbound on Avenue 49. The driver of the SUV fled the scene, but was located a short time later in the area of Harrison Street and Sixth Street in Coachella. The driver was identified as Sara Rojas, 30 years old, from Coachella. She was booked at the Riverside County Jail in Indio on felony hit and run charges.
Cause of the Murrieta Crash
While this devastating Riverside County accident remains under investigation, the family members of those accident victims who were fatally injured would be well-advised to speak with an understanding and knowledgeable Riverside County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
Pedestrian killed on Palmdale Road identified
A Victorville resident was struck by a vehicle and killed while crossing the street Wednesday evening.
Victoria Raye Scudder, 55, was crossing from the north curb to the south curb of Palmdale Road just west of Borego Road when she was struck by a vehicle traveling west on Palmdale Road.
At 5:26 p.m., the San Bernardino County Sheriff’s Department received a 911 call about the incident and responded to the scene. Paramedics pronounced Scudder dead at the scene. The accident is under investigation by the sheriff’s Major Accident Investigation Team.
Cause of the Victorville Crash
While this devastating San Bernardino County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable San Bernardino County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
I-210 crash kills both drivers
A freeway wreck killed two 20-year-old Rialto women whose cars collided in that city, say California Highway Patrol officers and San Bernardino County coroner’s officials.
Mayra Alejandra Conrado and Nadine Regina Ulloa died at the scene of the scene of the 12:39 a.m. wreck Monday, Nov. 19, along the eastbound lanes of I-210 west of Locust Avenue.
Conrado was driving a gray Scion TC when it overturned and stopped in a traffic lanes with its lights dark, CHP officers said in a written statement.
Ulloa was driving a green Lexus IS300 and apparently didn’t see the Scion stopped in front of her, resulting in the Lexus slamming into the driver’s door of Conrado’s Scion, killing both women, the investigators wrote.
Cause of the I-210 Crash
The California Highway Patrol will surely look at speed and other factors to determine why this accident occurred, and whether the driver of the Lexus IS300 could have done anything to avoid the collision. While this accident remains under investigation, the family of Ms. Conrado who was fatally injured in this collision would be well-advised to speak with an experienced and knowledgeable personal injury lawyer. An attorney who understands the unique legal issues of auto v. auto accidents can review the report and determine who is responsible for this collision. If the driver of the vehicle is determined to be responsible, she may be liable for the young victim’s wrongful death.
When you suffer serious/traumatic injuries or a loved one’s death, you are entitled to compensation (medical bills, funeral costs, lost wages, future wages and pain and suffering). The Law Offices of Gary A Kessler will aggressively represent you and fight for your rights against the insurance companies for the monetary damages you deserve.
Liability for Wrongful Death Car Accidents
Seeking immediate counsel from an experienced California automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to.
Attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with the loss of a loved one. The Law Offices of Gary A Kessler carefully selects its wrongful death cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case. As in all catastrophic injury and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained catastrophic injuries you need to contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence. The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.
Fallbrook woman’s death may be due to dog mauling
San Diego County sheriff’s deputies are trying to determine whether eight American bulldogs were responsible for the death of a 30-year-old woman whose bloodied body was found in a backyard of a home she was house-sitting.
Investigators say the woman was found Sunday at a home in Fallbrook by her cousin who went to check on her. The woman, whose name hasn’t been released, had been house-sitting for the owners of the home while they were out of town.
Sgt. Victor Perry said the woman’s injuries were consistent with dog bites, but a cause of death wouldn’t be known until an autopsy was completed.
Cause of the Fallbrook Death
While this devastating San Diego County accident remains under investigation, the family members of the victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable San Diego County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Dog Attacks and personal injury liability
CALIFORNIA DOG BITE STATUTE SECTION 3342
Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite. One bite alone is sufficient for liability. Dog owners do not get a second chance in California. They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously. Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:
- Defendant owned the dog;
- The dog bit the Plaintiff;
- The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occurred; and
- Plaintiff sustained injuries from the dog bite.
What You Should Do If You Or A Loved One Has Been Bitten By A Dog:
- Take pictures of your injuries immediately;
- Consult law enforcement and request that a police report be made;
- Keep copies of all medical bills and records;
- Continue to take pictures of the bite(s) as the wounds heal;
- Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
- If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.
WE WILL FIGHT FOR YOU!
Demand accountability from dog owners. Settling dog bite claims can be difficult and complex. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case. We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies. We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial. Are the other law firms you are considering willing to front all costs?
In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict of what we recover for our attorney’s fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorney’s fees or costs are owed to our firm. Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.
Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.
2011 statistics
- 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
- Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
- The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
- Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
- The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
- Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
- 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
- Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
- The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
- 2011 Fatal Dog attacks by breed
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12-year-old boy hit by trailer, killed on Elk Grove street
A boy leaving an Elk Grove shopping center was killed today in a motor vehicle accident.
The 12-year-old boy was riding a bike and crossing with a friend at Bond Road and Elk Crest Drive when he was involved in a collision with a pickup truck pulling a camper trailer, said Sgt. Scott French of the Elk Grove Police Department.
It’s not clear exactly how the accident happened, but the truck driver is not suspected of any wrongdoing, French said. The boy was hit by the side and the front of the trailer but not the truck, he said.
The boy might have been trying to get in between the truck and the trailer when it was stopped, French said.
Medical personnel who happened to be in the area tried to revive the boy. He was brought to UC Davis Medical Center, where he was pronounced dead.
Bicycle Collisions and Wrongful Death Liability
The Elk Grove Police Department will surely look at speed and other factors to determine why this accident occurred, and whether the truck driver could have done anything to avoid the collision. While this accident remains under investigation, the parents of the young boy fatally injured in this collision would be well-advised to speak with an experienced and knowledgeable bicycle accident lawyer. An attorney who understands the unique legal issues of car vs. bicycle accidents can review the report and determine who is responsible for this collision. If the driver of the vehicle is determined to be responsible, he may be liable for the young victim’s medical care expenses, pain and suffering, and other damages.
Bicycles have as much right to be on the road as other vehicles. When automobile drivers violate the rights of a bicyclist, serious injuries and death can occur.
When you suffer serious/traumatic injuries or a loved one’s death, you are entitled to compensation (medical bills, funeral costs, lost wages, future wages and pain and suffering). The Law Offices of Gary A Kessler will aggressively represent you and fight for your rights against the insurance companies for the monetary damages you deserve.
The laws regarding pedestrian and bicycle accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced pedestrian and bicycle accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The Western United States pedestrian and bicycle accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a pedestrian/bicycle accident. Such accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A Kessler carefully selects its wrongful death and pedestrian/bicycle accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.
The Law Offices of Gary A. Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case. As in all pedestrian and bicycle accidents and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A. Kessler today.
Fatal crash in Long Beach; 3 dead
Three people were killed in Long Beach near a 405 Freeway overpass after the driver of a Dodge Ram lost control on the wet pavement.
It happened around 6:22 p.m. Saturday on Redondo Boulevard after heavy rainfall caused water to build up quickly on the roadways, making them very slick.
Police say the driver, identified as Mark Martineau, 36, of Seal Beach, was driving northbound on Redondo Avenue when he tried to change lanes. During this maneuver, investigators believe Martineau lost control of his 2005 Dodge Ram 1500 truck’s steering as a result of excessive speed for the rainy conditions, spun out, and hit the concrete support pillar for the 405 Freeway overpass.
Martineau was pronounced dead at the scene. The rear passenger who was not wearing his seat belt, identified as Richard McAleavey, 54, of Long Beach, was also pronounced dead at the scene. A third passenger, identified as Terrence Harris, 36, of Long Beach, was transported to a local hospital in critical condition. He later succumbed to his injuries.
Cause of the Los Angeles County Crash
As a passenger, the deceased likely could have done nothing to prevent this fatal collision that ultimately took his life. The California Highway Patrol will surely look at the speed of the vehicle, witness reports, and other factors to determine what occurred and who was responsible. Collisions such as this one can have countless causes, including unsafe passing maneuvers, swerving to avoid an object in the road, falling asleep at the wheel, driving under the influence, or driver distraction.
Automobile Collisions and Wrongful Death Liability
While the accident on November 17 remains under investigation, the family members of the victim would be well-advised to seek immediate consultation from a personal injury lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.
The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States. Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty years dedicated and committed to obtaining the best results for his clients in each and every case. Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.
The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California. Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liabilty litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.
The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity. Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.
In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.
Murrieta Woman Dies From Injuries in Pedestrian Accident
Alaina Cisneros, 26, died Thursday afternoon from critical injuries suffered Tuesday in a pedestrian accident at Jackson Avenue and Robards Way in Murrieta.
A woman who was hit Tuesday night while crossing a Murrieta street has died from her injuries.
Alaina Cisneros, 26, who goes by the nickname “Lainey,” died at 4:21 p.m. Thursday afternoon at Inland Valley Medical Center, according to a coroner’s report.
Cisneros was critically injured at 6:25 pm Tuesday as she walking across Robards Way at Jackson Avenue in Murrieta, according to police.
The impact occurred as the 17-year-old driver of a lifted Chevy pickup truck was making a left turn from Jackson onto Robards, Murrieta police Sgt. Jim Gruwell said.
The driver told police he did not see Cisneros, the sergeant said.
When paramedics arrived, Cisneros was unconscious in the roadway, police said.
Murrieta police said they did not immediately suspect drugs, alcohol or any other criminal acts contributed to the accident.
The young driver—with the permission of his mother—consented to a blood test and to be interviewed by police, Gruwell said.
Cause of the Murrieta Crash
While this devastating Riverside County accident remains under investigation, the family members of those accident victims who were fatally injured would be well-advised to speak with an understanding and knowledgeable Riverside County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
Delano :Child walking to school in dies after she’s hit by truck
Shaylyn Anela Pinoliar was walking to school Wednesday morning just like she had most days since kindergarten.
But when Shaylyn, 12, crossed Browning Road with her brother walking behind her, a car turning right didn’t see her and ran her over, police said.
Shaylyn Anela Pinoliar died while crossing the intersection at Summer Drive and Browning Road, a major thoroughfare for both cars and pedestrians in Delano.
By the time she arrived at the hospital, she was pronounced dead.
At 7:32 a.m., Shaylyn was crossing the street, said Cmdr. Lynn Venables of the Delano Police Department.
Blanca Felix Leon, 26, was driving eastbound on Summer Drive. She stopped at the stop sign at the corner of Summer and Browning, Venables said. She started to turn right onto Browning, but heard that she hit something. Leon got out of her car and saw Shaylyn.
Shaylyn was taken to Delano Regional Medical Center, where she was pronounced dead, Venables said.
Leon was only driving a few miles per hour at the time, Venables said. But she was driving a Ford F-250 pick-up truck.
“That’s probably why it caused as much damage as it did,” Venables said.
The investigation into the crash is ongoing, so Venables did not know if Leon will face charges.
Shaylyn’s grandmother said she wants justice for her granddaughter.
“Of course I feel anger. That’s number one,” she said.
In light of the accident, Delano Union School District is rethinking all its safety measures for students who walk to school, said Mark Luque, assistant superintendent of educational services.
For the first time, on Wednesday afternoon the district placed crossing guards at the intersection where Shaylyn was killed. That’s now going to be a regular practice, Luque said.
The district is going to work with the city to find other ways to prevent future accidents, he said.
Cause of the Delano Crash
While this devastating Kern County accident remains under investigation, the family members of those accident victims who were fatally injured would be well-advised to speak with an understanding and knowledgeable San Kern County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
