Wrongful Death
Alleged Drunk Driver Blamed for Killing Two
On Friday, January 18, 2013 at 6:58 PM, LE Mason, age 56, a resident of Riverside was driving her PT Cruiser northbound on Main St. from Placentia Ln. in Colton. Mason was attempting a left turn into a business driveway and was struck by a vehicle driven by Michael Hughes travelling southbound on Main Street. Mason was pronounced dead at the scene. A passenger in the vehicle identified as Haven Alexandria Penman, age 13 of Riverside was also pronounced dead at the scene. According to the Press Enterprise, Hughes, 29 was arrested on suspicion of driving under the influence and manslaughter charges. The Colton Police Department is investigating the incident.
Cause of the Colton Crash
If news accounts of this incident are accurate, the 29 year old driver is likely responsible for the incident. While this devastating San Bernardino 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 Bernardino 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 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.
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.
Three Killed, Six Hospitalized in Redlands Crash on North Orange St
Three people were killed and six more suffered major injuries in a head-on collision in Redlands Thursday morning, according to authorities.
Greg Mills, reporting for CBS2 and KCAL9, said the three deceased were all traveling in the same minivan. The fatalities included a two men and one woman.
Police told Mills only two of the eight people in the minivan were wearing seat belts.
The driver of the other vehicle, a commercial van, was also injured.
Mills said that driver, the only occupant of his vehicle, suffered a broken leg and broken ankle. The driver underwent an operation Thursday afternoon.
The accident occurred at Orange Street between Pioneer and the Santa Ana River wash, just after 9:30 a.m., according to officials.
The cause of the crash is under investigation.
Mills reported that it appears the minivan was going northbound on Orange and slammed on its brakes before veering into traffic in the right lane.
Orange Street remained closed for much of the day.
Automobile Collisions and Wrongful Death Liability
While the accident on January 17 remains under investigation, the family members of the victims in the minivan 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.
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.
Girl, 3, Killed When SUV Hits Bus Stop in Orange
A 3-year-old girl was killed when a small SUV crashed into a bus bench where her family was waiting in Orange on Saturday afternoon, authorities said.
The girl’s father was left in critical condition after the 3:30 p.m. collision.
The crash happened at East Taft Avenue and North Tustin Street , according to Orange police Sgt. Fred Lopez.
The driver of the SUV, which was traveling southbound on Tustin Street, said he swerved to avoid hitting a car that cut him off, passing into northbound lanes, where he swerved again to avoid oncoming traffic, Lopez said.
“He drove his vehicle onto the curb, strking a bus bench,” Lopez said. “Unfortunately, when he struck the bus bench, there was a mother, father and their 3-year-old daughter, who was in a stroller.”
The Orange Fire Department responded, taking the father and daughter to a local hospital, where the young girl was pronounced dead on arrival. The father was placed in a medical induced coma but is expected to survive, Lopez said.
The mother was uninjured.
The driver of the vehicle, a white Kia Soul, was a 29-year-old man who was traveling with his 5-year-old son. Neither were injured, Lopez said.
The driver was cooperating with authorities and had not been charged with anything, Lopez said. He submitted to a blood test.
Authorities do not think alcohol was a factor, Lopez said.
Investigators are expected to be on scene into early Sunday.
Cause of the Orange Crash
If news accounts of this incident are accurate, the SUV driver is likely responsible for the incident. While this devastating Orange 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 OrangeCounty 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 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.
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.
Daniel Matus hit and killed in Cathedral City
A Cathedral City man is behind bars this morning, suspected of stabbing a motorist Tuesday night and taking his pickup truck moments after that motorist struck and killed the man’s 17-year-old brother.
Investigators don’t know why Jose Miguel Matus, 19, drove off in the motorist’s Dodge Ram, which was found after a four-hour search of the city.
“We’re still trying to sort it out with the suspect,” police Capt. Chuck Robinson said Wednesday. “Investigators are still interviewing and conducting follow-up with the suspect and victims and we are asking for any witnesses to come forward and contact the police.”
This bizarre and confusing incident began about 8 p.m. Tuesday when Daniel Matus, 17, was struck by a southbound full-sized pickup truck along Cathedral Canyon Drive at D Street.
The area has few street lights and where the collision occurred there is no crosswalk. Investigators say they are trying to determine if Daniel stepped into the street in front of the truck or if he was already crossing the roadway when he was struck.
The area is about five houses north of his home, neighbors said Wednesday.
Police have ruled out speed, drugs or alcohol as causes.
After striking Daniel, police said, the driver stopped and called 911. As he was waiting for emergency personnel, he walked around his pickup to determine what he’d hit.
Authorities said it was at this time that Daniel’s older brother, Jose, for unknown reasons stabbed the motorist in the torso and then drove off in the man’s truck, leaving behind his brother — who was later pronounced dead at the scene — and the motorist whose wound was determined to be non-life-threatening.
Police said the driver, whose name has not been released as he will not be charged with a crime, was taken to Desert Regional Medical Center in Palm Springs for treatment.
“He was very cooperative and he is still working with investigators,” Robinson said.
Officials found the elder Matus at 12:47 a.m. Wednesday near Avenida El Pueblo and McCallum Way, according to Riverside County jail records.
He was still driving the truck and a knife believed to have been used in the stabbing was recovered, Robinson said.
Matus is being held in lieu of $60,000 bail at the Riverside County Jail in Indio, according to jail records.
He is scheduled to be arraigned on felony charges of carjacking and assault with a deadly weapon at 8 a.m. Friday in the Larson Justice Center in Indio.
About 3:30 p.m. Wednesday, along Cathedral Canyon near the scene where Daniel was killed, a makeshift memorial of three candles sat undisturbed by passersby.
A second memorial of roses, chrysanthamums, and a lit candle were placed outside the home where neighbors said Daniel lived with his mother.
No one answered the door at the house on Wednesday.
Thousand Palms resident Denise Pardo, 20, said her parents live two houses south of the residence. She added that the youth was relatively new to the neighborhood and she didn’t know his name.
“He didn’t even have a year living here,” said Pardo, 20. “I just used to see him outside. He was always alone.”
Daniel Matus was killed about two hours after a woman was fatally hit by a vehicle 5 miles away in Palm Springs on Tuesday night.
The driver stopped at the scene and is cooperating with investigators.
Cause of the Cathedral City Crash
This remains an ongoing investigation by the Cathedral City Police Department. While this devastating Riverside 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 wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled 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.
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 Edward Pattio Jr Killed By SUV
On January 8, 2013, at 8:53 P.M., officers from the Moreno Valley Police Department Reconstruction Team responded to a traffic collision at the intersection of Perris Blvd. and Filaree Ave., in the city of Moreno Valley. Officers determined a 20-year-old male adult was walking across Perris Blvd. near Filaree Ave. and was struck by a white SUV which was traveling southbound on Perris Blvd.
Edward Pattio Jr., 20, of San Bernardino, was struck just before 9 p.m. near the intersection of Perris Boulevard and Filaree Avenue in Moreno Valley, according to the Riverside County coroner’s office. The Sheriff’s Department said he suffered major head trauma.
He was taken by ambulance to Riverside County Regional Medical Center, where he died about two hours later.
The driver of the SUV showed signs of intoxication and was arrested at the scene. He was not injured in the collision. The intersection was closed approximately eight hours during the investigation.
Cause of the Moreno Valley Crash
This remains an ongoing investigation by the Moreno Valley Police Department. While this devastating Riverside 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 wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled 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.
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.
Fatal Pedestrian Accident in San Jose
An 82-year-old Milpitas woman died Wednesday night after being hit by a truck while crossing a San Jose street, the city’s first traffic fatality of the year, according to police.
The Santa Clara County Coroner’s Office identified the woman Thursday as Hsu Jung Huey.
At 6:09 p.m., officers responded to the area of White Road and Patt Avenue on a report of a traffic collision, according to Officer Albert Morales, a police spokesman. Huey was suffering from major injuries and was transported to a hospital, where she died a short time later, according to police.
The preliminary investigation indicates a 70-year-old driver hit Huey as she was crossing the street, according to police. The driver, who has not been identified, remained at the scene and cooperated with the investigation.
Police do not believe alcohol or drug intoxication played a role in the collision.
Cause of the San Jose Crash
This remains an ongoing investigation by the San Jose Police Department. While this devastating Santa Clara 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 wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled 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.
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.
Head-on crash leaves 4 dead in collision on remote Northern California road
The California Highway Patrol says four people died in a head-on collision on a remote Northern California highway on New Year’s Eve.
The San Jose Mercury News reports that three of the dead were from Fairfield and the fourth was a man from Tracy.
Sgt. Kyle Plant said Tuesday that there were no survivors of the crash Monday night on Highway 12 just east of the Sacramento County line.
Plant says it was a “head-on collision – headlight to headlight.”
Authorities found one car on its roof in a ditch, and the other car straddling the east- and westbound lanes of the highway.
Plant says there were no witnesses so the cause of the crash was unclear. The names of the dead have not been released.
Cause of the Highway 12 Crash
The California Highway Patrol will surely look at speed and other factors to determine why this accident occurred, and whether either driver could have done anything to avoid the collision. While this accident remains under investigation, the families of the victims who were 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.
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.
3 year old toddler killed in Citrus Heights traffic accident
The Sacramento County Coroner’s office has released the name of a 3-year-old boy who died Monday after he was struck by a vehicle at Sunrise Boulevard and Lawrence Avenue in Citrus Heights.
He was identified as Kameron Collins.
The accident was reported about 5:30 p.m. When police officers arrived they administered emergency aid,including CPR, until Sacramento Metropolitan Fire District crews arrived, according to a Police Department news release. The child was taken to an area hospital where he was pronounced dead.
Traffic investigators determined that a 2004 Kia sedan traveling south on Sunrise at Lawrence struck the child. The youngster was walking westbound from the center median across the southbound lanes of Sunrise Boulevard, according to the news release.
The driver of the vehicle was not injured and was reported cooperating with police in the investigation. The circumstances surrounding the collision are under investigation.
Cause of the Sacramento Crash
This remains an ongoing investigation by the Sacramento Police Department. While this devastating Sacramento 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 wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled 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.
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.
Washington woman dies in head-on crash
The Washington State Patrol says a head-on collision between two SUVs on an icy highway has killed a southwest Washington woman and seriously injured three girls.
The Columbian reports that the crash happened Monday evening about a mile south of Battle Ground, Wash., on State Highway 503.
Trooper Stephen Robley says a southbound Nissan Pathfinder crossed the centerline and collided with a northbound Chevy Tahoe. Robley says the 33-year-old Battle Ground woman who died was in the Tahoe, as was a male passenger who was taken to a hospital.
Cause of the Battle Ground Crash
While this devastating Clark County 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 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.
Automobile Collisions and Wrongful Death Liability
While the accident on January 1 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.
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. automobile, 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.
The trooper says the three girls in the Nissan, all described as younger than 18, also were taken to a hospital.
A third vehicle ended up under the Tahoe. Two young men in that car were not thought to be seriously hurt.
The highway was closed for about three hours while emergency crews worked to pull the victims free of the wreckage.
Tour bus crash in Oregon leaves 9 dead
A tour bus careened through a guardrail along an icy Oregon highway and 100 feet down a steep embankment Sunday, killing nine people and injuring more than 20 others, authorities said.
The charter bus carrying about 40 people lost control around 10:30 a.m. on snow- and ice-covered lanes of Interstate 84 in a rural area of eastern Oregon, according to the Oregon State Police. The bus crashed near the start of a 7-mile section of road that winds down a hill.
The bus came to rest at the bottom of a snowy slope and landed upright, with little or no debris visible around the crash site.
More than a dozen rescue workers descended the hill and used ropes to help retrieve people from the wreckage in freezing weather. The bus driver was among the survivors, but had not yet spoken to police because of the severity of the injuries the driver had suffered.
Lt. Gregg Hastings said the bus crashed along the west end of the Blue Mountains, and west of an area called Deadman Pass. The area is so dangerous the state transportation department published specific warnings for truck drivers, advising it had “some of the most changeable and severe weather conditions in the Northwest” and can lead to slick conditions and poor visibility.
St. Anthony Hospital in Pendleton treated 26 people from the accident, said hospital spokesman Larry Blanc. Five of those treated at St. Anthony were transported to other facilities.
The East Oregonian said it spoke with two South Korean passengers, ages 16 and 17. Both said through a translator that they were seated near the rear of the bus when it swerved a few times, hit the guardrail and flipped. They described breaking glass and seeing passengers pinned by their seats as the bus slid down the hill. Both said that they feared for their lives.
The paper said that the teens, one of whom injured a knee and the other suffered a broken collarbone, were staying at a hotel arranged by the Red Cross.
I-84 is a major east-west highway through Oregon that follows the Columbia River Gorge.
Umatilla County Emergency Manager Jack Remillard said the bus was owned by Mi Joo travel in Vancouver, B.C., and state police said the bus was en route from Las Vegas to Vancouver.
A woman who answered the phone at a listing for the company confirmed with The Associated Press that it owned the bus and said it was on a tour of the Western U.S. She declined to give her name.
A bus safety website run by the U.S. Department of Transportation said Mi Joo Tour & Travel has six buses, none of which have been involved in any accidents in at least the past two years.
The bus crash was the second fatal accident on the same highway in Oregon on Sunday. A 69-year-old man died in a rollover accident about 30 miles west of the area where the bus crashed.
A spokesman for the American Bus Association said buses carry more than 700 million passengers a year in the United States.
“The industry as a whole is a very safe industry,” said Dan Ronan of the Washington, D.C.,-based group. “There are only a handful of accidents every year. Comparatively speaking, we’re the safest form of surface transportation.”
The bus crash comes more than two months after another chartered tour bus in October veered off a highway in northern Arizona, killing the driver and injuring dozens of passengers who were mostly tourists from Asia and Europe. Authorities say the driver likely had a medical episode.
Bus Accidents and Wrongful Death Liability
Demand accountability from those responsible for the bus accidents. A bus driver is a “common carrier” who owes you the “highest duty of care!” Many times the insurance companies for the bus companies (i.e., many times they are “self insured”) 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 bus 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 as well as file all government claims. Unfortunately, the reality is that most bus accident victims usually sustain serious/catastrophic injuries which many times results in death. Over the past twenty years attorney Gary A Kessler has a proven successful track record demanding accountability from the responsible parties and obtaining outstanding results for his clients.
The laws regarding bus 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 bus 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 bus 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 serious injuries associated with a bus accident. Such bus accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A Kessler carefully selects its wrongful death and bus accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your bus accident 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 the trial of your case. As in all bus accident 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 we can preserve the evidence and demand compensation and accountability from the responsible party.
If you have been seriously injured or a family member sustained fatal injuries involving a bus, you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your legal rights and preserve the evidence. Claims for damages against a public entity or governmental entity are complex and they have “strict time limitations”. So do not delay and contact the Law Offices of Gary A Kessler today!
