Wrongful Death
Woman, 66, killed in Waste Management plant accident in San Leandro
SAN LEANDRO — A 66-year-old great-grandmother was killed Monday when she was struck by a bulldozer while working at a Waste Management plant, a company spokeswoman said.
Evangelina “Eva” Macias, of San Leandro, was struck by the vehicle while working as a traffic director in the plant’s public drop-off zone at 2615 Davis St, spokeswoman Karen Stern said.
Alameda County fire provided emergency care around 2:55 p.m. after responding to reports that the woman’s hips and legs were crushed in the accident, fire officials said.
Macias, a plant employee for nearly 13 years, then was taken to a hospital where she was pronounced dead Monday evening, Stern said.
The man driving the bulldozer, a Waste Management employee since 1990, has been placed on paid administrative leave while the sanitation company investigates the fatal accident, the spokeswoman said. Waste Management officials did not provide specific details about the incident, saying they still are trying to determine exactly what happened.
“We’re conducting a thorough investigation, and we’re all trying to determine what could have led to this event,” Stern said. “Our employees are trained extensively in safety and all wear yellow vests and hard hats while working.”
Waste Management officials visited the Macias family at their San Leandro home Tuesday.
Macias’ daughters described her as a family-oriented woman who had a positive attitude and enjoyed
shopping and singing Mexican folk songs. She especially liked to stay busy.
“She loved to work,” her daughter, Maria Macias, said, her voice cracking with emotion. “She was a workaholic, and she refused to retire.”
Macias and her husband, Victor, 62, raised their three children in the East Bay, where they settled in the early 1970s, family members said. Eva Macias was born in La Palma, Mexico, a small town in the state of Michoacan — about 125 miles west of Mexico City. The couple immigrated to Illinois in 1968 before moving to Northern California a few years later. A mother of three children, Macias had five grandchildren and four great-grandchildren, her daughter said.
“She was outgoing and friendly,” Maria Macias said. “She had friends everywhere, and she loved to get together with family and cook.”
Macias’ daughters said they are planning to schedule a viewing for Sunday and funeral services for Monday but still are finalizing the details.
In addition to her husband and elder daughter, Macias is survived by her daughter, Anna Macias; and was predeceased in 2000 by her son, Rafael Macias, family members said.
On Monday afternoon, operations at the Waste Management drop-off area were suspended after the fatal accident, while other work at the 52-acre plant continued for the rest of the day, Stern said. All operations resumed Tuesday at the drop-off area, where the public is encouraged to deliver wood, metals and recyclables for plant employees to sift through.
Macias’ co-workers are a core group of 22 employees who had performed six years of injury-free work before the fatal accident, Stern said.
Waste Management officials provided grief counselors for plant workers Tuesday, as well as a 1-800 number for employees to call for counseling, the spokeswoman said.
“It was a tragic accident and we’re all dealing with the loss,” Stern said. “Needless to say, it’s devastating to our employees. Our hearts go out to her family.”
The death is being investigated by Cal-OSHA, said agency spokesman Peter Melton.
Beyond Workers’ Comp
Many injured workers assume they are only able to receive workers’ compensation benefits for injuries on the job site. A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation. If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example. A general contractor who failed to maintain a safe workplace may also be liable.
The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.
Demand accountability from those responsible for the dangerous conditions of workplace site accidents. 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 complex case. We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage. We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.
The laws regarding workplace 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 construction 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.
With over 20 years of experience, Gary A Kessler has earned the respect of our colleagues and the courts in California and nationwide for our personal injury work. We have achieved a winning record on behalf of our clients, and we are proud of our successful cases that lead to safety improvements through strengthened laws and product recall.
If you or a loved one has suffered a serious injury or lost a loved one in a workplace accident, we encourage you to contact the Law Offices of Gary A Kessler today for a free consultation.
Cal-OSHA investigating Arvin tank explosion that kills one, critically injures another
ARVIN — The explosion of a decommissioned crude oil tank in a vacant field just north of a stretch of businesses killed one man, critically injured another and left questions unanswered about what safety procedures the men used as they worked on the tank.
The men were using a torch to dismantle pipes on top of the tank when vapors inside ignited, blowing the 16,800-gallon container some 30 feet in the air and a distance of 79 feet, firefighters reported.
Arvin resident Cesar Martinez, 24, was carried some 50 feet into the air and more than 100 feet away, Kern County Fire Department Capt. Derek Tisinger said. Martinez died just after 9 a.m.
The other worker, identified by their employer Sky-Brand Services as 33-year-old Eric Robles, was thrown into a nearby chain-link fence.
The workers believed the tank was empty, Tisinger said.
The incident happened in the 300 block of Campus Drive, in a field a couple of hundred feet behind a Dollar Tree.
There was no resulting fire and no other people were injured, officials said. No evacuations were required.
Iram Rocha was in the area talking to an Arvin police officer when it happened. He said he saw a big piece of the tank fly and a man’s body fly through the air.
“You could feel it all over,” Rocha, speaking through a Spanish translator, said of the blast.
The person he saw had suffered obvious head trauma, Rocha said. Rocha was so shaken by what he observed that he walked to a patch of grass behind a nearby Burger King just to be alone and get his emotions under control.
Cal-OSHA investigators determined the two men were assigned to demolish the tank and that Martinez was removing pipe that was to be recycled as scrap metal, agency spokesman Peter Melton said.
“He was using a cutting torch on an enclosed pipe, and apparently gas might have escaped and it ignited,” Melton said. It was unclear who owned the tank and when it was decommissioned, he added.
Sky-Brand partner Dale Hill said Martinez and Robles were removing steel pipeline from the exterior of the tank. He said the company has done similar work on numerous oil tanks and hasn’t had problems.
“We do everything we can to make sure every precaution is being taken,” Hill said
In the oil industry, however, the common practice is to keep all flames at least 50 feet away from an oil tank, said Bakersfield oilman Chad Hathaway.
“Fire and gas, they don’t make a good combination,” he said.
Sky-Brand specializes in site cleanup and demolition work, removing scrap metal and selling it, Hill said.
He said he hadn’t yet been able to talk to the Martinez family, and they were being looked after by family and friends. He said the accident has left him and others devastated and the business is looking to see what the final investigation turns up.
Martinez had been employed by Sky-Brand for two years, Robles for six months, Hill said.
The tank’s operator of record was Davis-based Sun Mountain Oil and Gas, according to the California Division of Oil, Gas and Geothermal Resources. The division also reported that the accident took place in the H.S. Jewett lease in the Mountain View oil field.
Sun Mountain Oil and Gas could not be reached for comment Tuesday.
Arvin Police Chief Tommy Tunson walked around the blast area, surveying the scene. Arvin police provided traffic control and made sure residents didn’t cross the yellow emergency tape roping off the area.
Tunson described the incident as very tragic and he expressed his condolences to the family of Martinez and Robles. He said firefighters responded immediately and did an excellent job.
Police will not be involved in the investigation as it’s an industrial accident, he said.
“If the wrong thing is done I guess anything can happen,” Tunson said regarding the power of the explosion.
The explosion was not close enough to impact Arvin High School operations, but some kids who walk home on Campus Drive were rerouted, said John Teves, spokesman for the Kern High School District.
Fourteen county firefighters responded to scene, where they were assisted by the county’s Environmental Health Services Department, Hall Ambulance, Arvin Police, Pacific Gas & Electric Co. and a chaplain from Kern Medical Center, Tisinger said.
Cal-OSHA’s Melton said the agency’s investigation could take up to six months, during which time it hopes to find out exactly what the two men were doing, what safety precautions were taken, what regulations apply to demolishing such equipment and whether the right tools were being used.
Beyond Workers’ Comp
Many injured construction workers assume they are only able to receive workers’ compensation benefits for injuries on the job site. A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation. If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example. A general contractor who failed to maintain a safe workplace may also be liable.
The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.
Demand accountability from those responsible for the dangerous conditions of the construction site accidents. 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 complex case. We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage. We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.
The laws regarding construction 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 construction 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.
Fires and explosions are sudden and devastating, destroying homes and buildings, and causing physical injuries and death. Burn injuries are painful and disfiguring, and require long recovery periods. Smoke inhalation, and inhalation of toxic fumes and gases from flammable fabrics and furniture stuffed with polyurethane foam, cause added injury and increase the likelihood of death.
The Law Offices of Gary A Kessler regularly represent plaintiffs in cases of catastrophic injury and wrongful death in fires and explosions caused or exacerbated by unsafe premises, unsafe construction sites, and unsafe products.
Faulty electrical wiring and furnaces, gas leaks, malfunctioning or absent smoke detectors, inaccessible or inadequate escape routes, the pressence of flammable fabrics and furniture, and the presence of dried vegetation that can fuel wild and urban interface fires are all examples of sources of liability for property owners or product manufacturers.
Determining the cause of a fire or explosion requires extensive experience and thorough investigation involving engineering, electrical, and gas line experts as well as fire scene experts. The Law Offices of Gary A Kessler has the experience and the resources to effectively prepare and litigate cases on behalf of plaintiffs and family members injured or killed in fires and explosions.
With over 20 years of experience, Gary A Kessler has earned the respect of our colleagues and the courts in California and nationwide for our personal injury work. We have achieved a winning record on behalf of our clients, and we are proud of our successful cases that lead to safety improvements through strengthened laws and product recall.
If you or a loved one has suffered a serious injury or lost a loved one in a fire, we encourage you to contact the Law Offices of Gary A Kessler today for a free consultation.
Fatal Glider Crash: Tow Rope Broke or Released Prematurely
A preliminary review of Sunday’s fatal glider crash has revealed the glider was released from its tow plane more than 1900 feet prematurely.
According to the National Transportation Safety Board, which was on the scene of the fatal crash early Monday morning, the pilot of the single-engine airplane towing the glider said the tow rope was either disengaged or broke at about 75 feet above the ground.
Gliders are usually towed to a height of 2000 feet before being released.
The low altitude of the glider may have been a significant factor in its ability to remain airborne and under control, several veteran glider pilots told InstantNewsKaty.
The Romanian-made glider, owned by the Greater Houston Soaring Association, crashed into a cotton field between Orchard and Wallis around 4:55 p.m. Sunday evening, killing all three people aboard.
The dead have been identified as pilot Fred Blair, 68, Matilda Blair, 32, and Andrew Blair, 3.
According to the Fort Bend County Sheriff’s Office, Fred Blair was Matilda Blair’s father and Andrew Blair’s grandfather. The three were reportedly on a Father’s Day outing when the crash occurred.
All were pronounced dead at the scene.
Fred Blair was from Wallis, while Matilda Blair and Andrew Blair reportedly lived in Houston.
According to reports, the glider was being towed from the Wallis Gliderport by the single-engine airplane when it “took a nosedive and crashed into the ground.”
The elder Blair was said to have been a veteran glider pilot; however, other glider pilots noted the glider that crashed was designed to carry only two people and having three on board may have also affected its aerodynamic ability.
The gilder was operating from the Wallis Gliderport, located along Hwy. 36 near Cougar Road not far from the crash site.
The crashed aircraft remains at the scene as investigators from the National Transportation Safety Board inspected the crash site. The Federal Aviation Administration is also expected to send investigators.
The Texas Department of Public Safety and Fort Bend County Sheriff’s Office responded to the scene and conducted the initial investigation and recovery of victims.
Aviation Accidents
A plane crash is one of the most devastating accidents that can occur. Usually in an airplane crash (small planes, helicopters, commercial airliners, hot air balloons etc.) all passengers and crew members are killed.
At the Law Offices of Gary A. Kessler, we are experienced in aviation law with a reputation of success in aircraft accident cases. We have the knowledge and experience to identify those responsible in the airplane crash (i.e. pilot error, mechanical failure of the aircraft and/or its component parts).
If you are considering filing a claim against an airline or helicopter tour company, small aircraft company, commercial airline or a “hot air balloon company” to recover damages suffered by you or your family, seek advice from a lawyer such as Gary A Kessler who has experience in “aviation law.”
In cases involving commercial airlines, the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) will be involved. Our office knows how to professionally interact with these federal agencies and get the answers to our client’s case.
In most states, if the death of a relative or spouse was caused by an air crash, surviving family members can file a wrongful death/aviation lawsuit against the responsible parties. In order to file a wrongful death/aviation law claim, you must be able to prove that you will experience future emotional and financial hardship because of the loss of a relative, family member or spouse.
In cases involving commercial airlines, the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) will be involved. Our office knows how to professionally interact with these federal agencies and get the answers to our client’s case.
In most states, if the death of a relative or spouse was caused by an air crash, surviving family members can file a wrongful death/aviation lawsuit against the responsible parties. In order to file a wrongful death/aviation law claim, you must be able to prove that you will experience future emotional and financial hardship because of the loss of a relative, family member or spouse.
2 killed at taco truck by suspected drunk driver
Two people were killed and three were injured when a suspected drunk driver trying to evade CHP officers blew through a red light and crashed into a crowd at a taco truck in east Los Angeles.
The CHP says officers tried to pull over a 2005 Toyota Camry on the 5 Freeway late Saturday when the car sped down an offramp into the Boyle Heights neighborhood.
After speeding through a red light, the Camry struck three people and crashed into the taco truck, sparking a fire.
A coroner’s official says 38-year-old Claudia Fernandez and 19-year-old Marlene Alatorre were killed.
The CHP says a man outside the truck and two people inside it suffered minor injuries.
The suspected drunk driver, whose name was not released, was described as a 37-year-old Upland woman. She was treated at a hospital for minor injuries.
Cause of the Los Angeles Crash
If news accounts of this incident are accurate, the 37 year old driver is likely responsible for the incident. While this devastating Los Angeles County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Los Angeles County wrongful death 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.
Alcohol impaired driving accidents and wrongful death liability
The Los Angeles wrongful death 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 grief and sorrow associated 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 wrongful death case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case. As in all wrongful death 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.
Girl, 12, dies in Kern County crash
A 12-year-old Wasco girl died in a crash Friday evening in Kern County when a big rig driven by a Lemoore man ran a stop sign, striking the car she was riding in, the California Highway Patrol said.
The girl was one of four people in a northbound 1993 Geo on Palm Avenue when the big rig driver, Howard Young, 56, failed to yield at a stop sign as he traveled west on McCombs Avenue near Wasco, the CHP said.
Injuries included a broken leg and lacerations.
The three other people in the Geo — all from Wasco — included the driver, Carlos Ortiz, 23, the CHP said.
Cause of the Kern County Crash
Although the CHP is continuing to investigate the cause of the collision, based on the information reported, it appears that the driver of the big-rig may be responsible for this accident. While this devastating Kern County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Kern County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury and wrongful death 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
Fault and Wrongful Death Liability
Accidents involving big-rigs have unique and complex legal issues. If it is determined that the driver of the big-rig was at fault for this collision, the family of the victim would be well-advised to speak to a California truck accident attorney. An experienced and knowledgeable attorney will be able to review the cause of the accident, and if warranted, arrange for an independent investigator to reconstruct the collision to determine exactly what happened and who was responsible. A skilled lawyer can also provide an explanation to the victim’s family on their legal rights in a wrongful death claim against the driver or any other parties at fault. Damages awarded in a wrongful death claim may include funeral and burial expenses, lost earnings, pain and suffering, and other damages.
Demand accountability from the trucking company. We at the Law Offices of Gary A Kessler have handled complex trucking accident cases for twenty years. We have the litigation experience to handle complex trucking liability cases. We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial. Remember, the trucking industry are a formidable foe and must be fought against aggressively.
The laws regarding wrongful death/”trucking 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 wrongful death/”trucking accident” lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your legal rights and those of your loved ones.
California trucking 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 grief and sorrow associated with the loss of a loved one. The Law Offices of Gary A Kessler carefully selects its “trucking accident” cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your “trucking accident” case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case. As in all wrongful death 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.
If you have been seriously injured or a family member sustained fatal injuries involving a tractor-trailer rig you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your 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.
Man Killed in Early Morning Collision on I-680
A 29-year-old man was killed and a woman in another car injured in an accident on northbound Interstate Highway 680 in Milpitas this morning, according to the California Highway Patrol.
The two-car crash between a 2004 BMW and a 2000 Honda was reported at 3:23 a.m. just south of Calaveras Boulevard, CHP officials said.
The BMW, driven by a 29-year-old San Jose man, was stopped on the freeway.
The man appeared to have passed out behind the wheel with the car’s hazard lights on, witnesses told the CHP.
The stopped car was then struck from behind by the Honda, driven by a 40-year-old Milpitas woman.
Both drivers were taken to Regional Medical Center in San Jose, where the San Jose man succumbed to his injuries.
The woman was treated for moderate injuries, the CHP said.
Both drivers wore seatbelts. The CHP said the man may have been driving under the influence.
Three lanes of northbound I-680 were closed for two hours following the fatal collision, the CHP said.
The man killed this morning has yet to be identified, according to the Santa Clara County coroner’s office.
Cause of the Milpitas Crash
While this devastating Santa Clara County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Santa Clara County wrongful death 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.
Automobile Collisions and Wrongful Death Liability
While the accident on June 16 remains under investigation, the family members of the victim would be well-advised to seek immediate consultation from an experienced wrongful death 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 liability 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.
Pool tragedy claims teen devoted to water
PALM DESERT — A day before Christian Fernandez Morales was pulled out of a pool unconscious and eventually died, the Palm Desert teen paid homage to water.
The teen got the call Tuesday that he won the scholarship. That night, during practice at Shadow Hills High School in Indio, he was pulled from the pool, said his mother, Blanca Morales.
When Riverside County Fire Department paramedics arrived at 9 p.m., they found him unconscious and unresponsive and rushed him to the hospital.
Christian was declared dead at 10:27 p.m. Tuesday at John F. Kennedy Memorial in Indio.
The coroner’s report lists his cause of death as pending additional tests.
Palm Desert High School Principal Bob Hicks said Christian, who just finished his junior year, was practicing with a summer league through USA Water Polo. A league spokesman couldn’t be reached.
Swimming Pool Drownings and Wrongful Death liability
The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.
The laws regarding swimming pool drowning death cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced swimming pool drowning 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 California wrongful death 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 grief and sorrow associated with the loss of a loved one in a tragic drowning accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your drowning/accidental death case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case. As in all wrongful death 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 atoorneys fees or costs are owed to our firm.
Fresno County deputy’s car kills pedestrian
A 25-year-old Kerman woman was struck and killed by a Fresno County sheriff’s deputy’s cruiser late Monday night, the California Highway Patrol said.
The Fresno County Coroner’s Office identified the woman as Kristle Clowers.
The accident occurred about 11:10 p.m. on Highway 145, about five miles east of Interstate 5, and shut down the highway for eight hours between Oakland Avenue and Interstate 5. The highway opened at 7:10 a.m.
Clowers was walking north on Highway 145 and was in the roadway when she was struck by the deputy’s car, CHP officer Ken Antonetti said.
It’s not clear how far into the roadway Clowers was, and the speed of the deputy’s car has not been determined, the CHP said.
“She was on the roadway, but it’s undetermined where she was prior to the collision, whether she was on the shoulder and walked out into the lane,” Antonetti said.
It wasn’t clear why Clowers was there, he said. No disabled vehicles were found nearby. The stretch of road is bordered by farm fields; there is one development in the area, a farming operation at the intersection of Highway 145 and Oakland Avenue, but the houses on the property are set back from the highway.
It also had not been determined which part of the sheriff’s car struck Clowers, according to the CHP. The CHP’s major accident investigation team will investigate the accident.
The deputy, Kurt Rossi, was not injured. A Fresno County Sheriff’s Office investigation also is under way. Spokesman deputy Chris Curtice said the Sheriff’s Office is deferring all comments to the CHP. The Coroner’s Office will conduct a toxicology test on the woman.
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.
Two killed in suspected DUI crash in Alpine
ALPINE — A 25-year-old woman and a 59-year-old man were killed in Alpine early Monday in a crash involving a suspected drunken driver.
The woman was identified as Angela Cherene August of Alpine, officials with the Medical Examiner’s Office said.
August was heading east on Interstate 8 just west of Tavern Road about 3 a.m. when for unknown reasons she lost control of her 2009 Toyota Yaris and the car rolled over and ended up in the fast lane, California Highway Patrol Officer Brian Pennings said.
The man, who was driving a Chevy Silverado, either collided with the woman’s car or had stopped to help and was standing on the highway when a woman in an Audi A6 crashed into the Yaris, Pennings said.
The collision killed the man, who was from El Centro, as well as August who was still inside the car, Pennings said.
His identity has not yet been released.
The Audi driver, identified as 30-year-old Sunny Hall of El Cajon, was arrested on suspicion of drunken driving, Pennings said.
She was booked into jail and could face several charges, Pennings said.
The roadway was closed and traffic was diverted onto Alpine Boulevard until about 6 a.m. as authorities investigated and the wreckage was cleared.
Cause of the Alpine Crash
A preliminary investigation showed that the driver was under the influence of alcohol. According to Officer Pennings of the California Highway Patrol the driver of the Audi was booked into jail and could face several charges. Members of the department’s Major Accident Investigation Team investigated.
Alcohol impaired driving accidents and wrongful death liability
The San Diego County wrongful death 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 grief and sorrow associated 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 wrongful death case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case. As in all wrongful death 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.
Riverdale man killed in hit-and-run
A Riverdale man was killed in a hit-and-run incident northwest of Lemoore on Saturday morning, the California Department of Transportation said.
CalTrans said the 69-year-old male victim was walking eastbound on the right shoulder of Mt. Whitney Avenue east of Garfield Avenue around 7 a.m. when a Cadillac drifted to the right, striking and killing him. The suspect left the scene.
The victim died from internal injuries.
The suspect was found around 1 p.m. Saturday, a CalTrans spokesman said, but no further details were offered. The investigation remains open.
If news accounts of this incident are accurate, the Cadillac driver is likely responsible for the incident. While this devastating Fresno County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Fresno County wrongful death 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.
Pedestrian Accidents and Wrongful Death Liability
The laws regarding pedestrian 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 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 California pedestrian 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 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 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 so that we can preserve the evidence and demand compensation and accountability from the responsible parties!
