La Habra Crash Leaves One Dead

Oscar Rodriquez a  55-year-old resident of Buena Park was pronounced dead at the scene of a traffic crash in La Habra Sunday night.

The two-vehicle crash occurred at 10:33 p.m. on Harbor Boulevard and Arbolita Drive, said La Habra police Sgt. Jeff Baylos.

Officers found one of the vehicles had rolled off the roadway, Baylos said.

Paramedics pronounced the driver of that vehicle dead at the scene, Baylos added. Orange County coroner’s office officials identified him as Oscar Rodriguez of Buena Park.

The driver of the other vehicle was uninjured.

 

Cause of the La Habra Crash 

While this devastating Orange 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 Orange 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.

Automobile Collisions and Wrongful Death Liability

While the accident on December 2 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.

Bicyclist killed in Ontario crash

Pascual Antonio Garcia, a 21 year-old resident of Ontario, was riding his bicycle on Mountain Avenue south of Flora Street in Ontario and was struck by a southbound vehicle. The driver stopped and 911 was called. Emergency personnel responded and transported Garcia to Arrowhead Regional Medical Center where he was pronounced dead at 9:33 PM. The Ontario Police Department is investigating.

Cause of the Ontario Crash

The Ontario 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 family members of the young man 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.

Bicycle Collisions and Wrongful Death Liability

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.

 

 

Bicyclist Corey Holley Involved In Palm Springs Fatal Accident

A La Quinta man was identified as the victim of a fatal collision involving a car and bicycle in Palm Springs on Friday night.

Corey Holley, 38, was pronounced dead at 9:20 p.m. on South Palm Canyon Drive at Avenida Palmera, according to the Riverside County coroner’s office.

He was struck by a southbound Ford Thunderbird in the left lane at 9:07 p.m., according to Palm Springs police.

Details are still sparse, but  The Desert Sun reports that 38-year old La Quinta resident Corey Holley was hit by a car at South Palmera Canyon Drive  at La Avenida in Palm Springs at 9:07 pm Friday.

According to the paper, Holley was in the right lane when he was struck by a southbound Ford Thunderbird. He was pronounced dead at the scene at 9:20 pm.

The driver remained at the scene and cooperated with investigators; drug or alcohol use is not suspected to have been a factor.

Dan Willis lives about a block east of where the collision occurred. On Friday, he went outside to see what the commotion was.

 

The first thing he saw was a bike “totally destroyed” with someone lying under a sheet, Willis, 30, recounted Saturday.

“You just knew someone had died,” he said. “It was obvious. Everyone watching was wondering how, though.”

Officials did not say if Holley was crossing Palm Canyon or riding with traffic.

The driver pulled over, and he has been cooperating with investigators, officials said. There was at least one other witness who was interviewed by police.

The collision happened right outside Miro’s Restaurant, 1555 S. Palm Canyon, and customers exiting there Friday said they were shocked that someone had died so close by.

A preliminary investigation indicated drugs and alcohol were not factors in the collision, according to police.

No one has been arrested and other details were not available Saturday night, according to police.

South Palm Canyon was closed between Morongo Road and East Palm Canyon Drive until about 4 a.m. Saturday.

Early into the closure, a man in a pickup drove passed the barrier and was ordered to pull over.

He was given a sobriety test but released at the scene.

Other drivers expressed frustration for having to take detours around the scene, said Chris Banks, 23, who also lives near the scene.

He was walking his dog about midnight and watched drivers move around the scene as police investigated.

‘“They were either annoyed or confused,” Banks said. “They had no idea what exactly happened. If they did, they’d be less angry.”

 

Bicycle Collisions and Wrongful Death Liability

The Palm Springs Police Department will surely look at speed and other factors to determine why this accident occurred, and whether the  automobile driver  could have done anything to avoid the collision. While this accident remains under investigation, the family members of the young man 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.

 

 

 

 

 

Pit Bulls Maul Elderly Man

A 70-year-old Fresno man is resting at home with more than 40 stitches on his arms and hands after two pit bulls attacked him.

70-year-old David Loy is thankful to be alive.

David Loy says, “I have 40 stitches in my body… 28 in this one and 12 in this one.”

Friday afternoon, Loy was walking to the store.

He was just a half block from his home, when two pit bulls jumped out of a yard.

David Loy says, “I had one hanging on my arm while I was trying to swing the other one off. One had my hand and just ripped it to pieces. I ended up getting 40 stitches for people being careless with their animals.”

Fidencio Ibarra heard the screams.

He risked his own life to save the man.

Marina Ibarra says, “My dad he just got a stick, because he’s a landscaper and used one of the sticks to save the guy.”

Loy is thankful for his help.

David Loy says, “If it wasn’t for you I’d be dead by now.”

Police say officers arrived and then the pit bulls started going after them.

Officers shot one of the dogs five times with bean bag rounds, and shocked it with their stun guns just to stop it.

The owner of the pit bulls says his dogs got out through a hole in the fence.

The dogs’ owner, Eric Hamed says, “I feel so sorry for the man that got bit. I didn’t know my dogs were like that.”

However, Fresno police say they’ve been called out to the home before because of the dogs.

Neighbors agree and say they have attacked before.

Neighbor Maria Venegas says, “They have a history, they attacked my neighbor’s dog, and they attacked the dog behind they broke the fence in the back, and they attacked the dog that lives behind too.

Loy has this message for the dogs’ owner.

David Loy says, “If you have a vicious dog out there, vicious dogs, keep them locked up or keep them on a chain.”

Victim of a Dangerous Dog Bite? Our Law Firm Can Help

If you’ve been injured by a dangerous dog, you already know about the frustrations caused by dog bite injuries. Medical bills, lost wages, and other expenses pile up fast. On top of all this, you need time to focus on your physical and emotional recovery.

Don’t let your dog bite injuries get the best of you. The sooner you contact our dog bite law firm, the sooner you can focus all your energy on your successful recovery while we handle the hassles of the legal system.Get in touch with us today by taking advantage of our free legal evaluation.

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.

California Dog Bite Injury Liability Under  California Civil Code 3342: “The owner of any dog is liable for the damages suffered by any person who is bitten  by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owners knowledge of such viciousness.”
After a dog attack such as this, the injured party (or his representatives) would be well advised to speak with an experienced California dog bite lawyer about the incident and their legal rights to hold the owner of the dog accountable for all expenses as well as pain and suffering as a result of the dog attack.

 

2011 Dog Bite Statistics

  • There were 31 fatal dog attacks in theUnited Statesin 2011, according to DogsBite.org.
  • Over half of the attacks occurred to adults ages 21 and older, while 42% occurred to children 11 years and younger. Of the children killed in dog attacks, 68% occurred to children ages 1 and under.
  • Twelve of the fatal dog attacks involved more than one dog, and two of the attacks involved tethered dogs.
  • Family dogs made up 65% of the fatal attacks. Nearly three-quarters (74%) of the attacks occurred on the dog owner’s property.
  • Pitt Bulls accounted for 71% of the attacks. However, Pit Bulls make up less than 5% of the totalU.S.dog population.
  • There were more than twice as many adult fatal dog bite victims as child victims in 2011. Still, seven children ages 5 and younger died after being attacked by a Pit Bull.
  • Seven Pit Bulls killed their primary caretaker or owner.
  • Rottweilers were the second-most lethal dog breed. Four people were killed by this type of dog in 2011.
  • Between the years of 2005 and 2011, Pit Bulls killed about one person every 20 days. Rottweilers killed about one person every 88 days.
  • The states that had the most fatal dog attacks in 2011 wereCaliforniaandTexas. Other states with deaths includedNorth Carolina,Virginia,New Mexico, andSouth Carolina.

Child Dog Bite Statistics

  • Of the 4.5+ million people injured annually in dog bites and attacks, children make up 60% of these victims.
  • Children ages 5-9 are the most commonly injured, according to the American Veterinary Medical Association.
  • About 30% of children’s dog bites come from family dogs.
  • About half of children’s dog bites come from a neighbor’s dog.

Dangerous Dog Breed Statistics

Analyzing a sampling of press accounts fromCanadaand theUSAduring 1982-2007, researchers pinpointed the dog breeds that are most likely to cause death or serious injury. This research study concluded that, unlike any other breed of dog, Pitbulls attacked adults almost as often as they attacked children. The researchers found that Pit Bulls, Rottweilers, and Wolf-Dog Hybrids combined to account for:

  • 77% of attacks that caused bodily harm to the injured dog bite victims.
  • 73% of attacks that harmed children.
  • 83% of attacks that injured adults.
  • 70% of attacks that resulted in death.
  • 77% of attacks that maimed the dog attack victims.

Another study looked at data obtained from incidents where victims were mauled by dogs during 1982-2006 and found that Pit Bulls, Rottweilers, Perro de Presa Canario, and their mixes caused 65% of the dog bite deaths during that time period in theUnited States.

Some sources claim that the six types of dogs commonly identified as the most dangerous or vicious dog breeds are Akitas, Chow-Chows, Doberman Pinschers, Pit Bulls, Rottweilers, and Wolf-Dog Hybrids.

Another study looked at a selection of 88 dog attacks from 2006-2008 in theUnited States, with results ranging from recoverable injuries to death. Of those incidents, it was found that:

  • Pit Bulls, Rottweilers, and American Bulldogs were responsible for 77% of all deaths.
  • Pit Bulls were responsible for 59% of all deaths.
  • Pit Bulls killed more adults than children.

Dog Bite Victim Statistics

  • Out of the almost five million people bitten by dogs every year in theUnited States, close to 900,000 require medical attention. Nearly 400,000 of those people are seriously injured by dog bites.
  • Over 31,000 people underwent reconstructive surgery in 2006 due to dog attacks.
  • People are most often harmed by dogs that they live with. As the number of dogs kept in the home increases, so does the risk of dog bites. Adults living with two or more dogs are five times more likely to be bitten by a dog than those without dogs at home.
  • Adult males are more likely to be bitten by a dog than adult females.
  • Some studies have found that, among all ages of children, the rate of dog bite accidents is highest for those between the ages of 5-9.
  • Children are more likely than adults to require medical attention for their dog bite injuries.
  • In theUS, the most frequent victims of dog bite attacks are:
  1. Children
  2. The Elderly
  3. Postal Service Carriers
  • Dog bite victims account for as much as 5% of all emergency room visits in theUnited States.

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Passenger dies in collision near Selma

A 21-year-old Reedley man was killed Wednesday morning in a collision near Selma, the California Highway Patrol reported.

The crash happened at 5:40 a.m. at a four-way stop at Mountain View and McCall avenues.

 

The victim was a passenger in a Honda Accord driven by Jose Luis Martinez, 30, also of Reedley.

The CHP said Martinez, heading west on Mountain View Avenue, failed to stop at the intersection and broadsided a Dodge Durango driven by Jose Alfuro Duran, 53, of Selma.

The Honda then struck a utility pole.

The Honda passenger died at the scene.

Duran and Martinez sustained minor injuries.

 

Cause of the Fresno 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 29 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.

 

 

 

Pedestrian killed in Newport Beach

A pedestrian who was killed after being hit by a car Tuesday night has been identified as a Corona del Mar man.

Ghorbanali Norouzian, 71, was taken to Western Medical Center in Santa Ana after being struck on San Joaquin Hills Road, authorities said.

A pedestrian was struck and killed by a vehicle at about 7:40 p.m. Tuesday in Newport Beach. According to police, the driver of the vehicle remained at the scene. No arrests or citations were reported.

The crash occurred at 7:40 p.m., between MacArthur Boulevard and San Miguel Drive.

Norouzian was pronounced dead at 8:31 p.m., according to the coroner’s office.

Details on how the crash occurred were not immediately available.

According to police, the driver of the vehicle that hit Norouzian remained at the scene. No arrests or citations were reported.

Anyone with information on the crash is asked to contact the Newport Beach Police Department at 949-644-3711.

Cause of the Newport Beach Crash 

While this devastating Orange 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 Newport Beach 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.

 

 

 

Redwood City girl on bike killed by truck

A pickup truck hit and killed a 14-year-old girl Monday morning as she rode her bike to school in what officials said appears to be a horrible accident.

The girl, whose name was not released, was struck around 8:30 a.m. at the intersection of Jefferson Avenue and Alameda de las Pulgas, Redwood City police Sgt. Sean Hart said. She was rushed to the hospital, where she was pronounced dead.

The driver, who police declined to identify, was not arrested and is not suspected of any wrong doing at present. The driver didn’t appear to be under the influence of alcohol and police haven’t identified any mechanical problems with the truck. It may have just been a tragic accident, said Hart, who added the crash remains under investigation.

The girl and the driver were headed east on Jefferson when they both made a right-hand turn onto southbound Alameda de las Pulgas, Hart said. After they collided the driver stopped and cooperated with police.

The girl was wearing a helmet and appears to have been a prudent rider.

“She was doing all those things, but this happened,” said Hart. “We don’t know what caused this crash.”

Bicycle Collisions and Wrongful Death Liability

The Redwood City 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 girl 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.

 

 

Placerville crash kills four, including two children

A horrific two-car collision on Highway 50 just east of Placerville claimed the lives of four people Saturday night, including two children, when a car headed west in the Apple Hill area veered across four lanes of traffic and into the path of a minivan.

Early reports late Saturday had indicated that at least one person had died. Around midnight Saturday the word came that the death toll was much worse.

Three people in the Prius who died at the scene were identified by the El Dorado County Sheriff’s Office as 38-year-old Sheng Kun Su, who was driving; 39-year-old Shu Zhen Zhao; and 8-year-old Shawn Su, all from Oakland.

The other occupant of that vehicle, identified as 10-year-old Elly Aili Su, was hospitalized with severe injuries, CHP Officer Sean Ricci said.

A 4-year-old Pollock Pines girl riding in the minivan, Nora Elizabeth Temple, was pronounced dead at a hospital, Ricci said.

The collision left two other people – the 35-year-old driver, identified as Danielle Marie Temple; and passenger Will John Temple 52 – with minor to moderate injuries. Twin 1-year-old boys, John Maxwell Temple and John James Temple, were also in the minivan but were not injured, Ricci said.

Ricci said he did not know the speeds of the two vehicles or what caused the driver of the car to veer from the westbound slow lane of Highway 50, across the fast lanes in each direction, and into the minivan’s path.

The crash occurred along a stretch of Highway 50 that does not yet have a center divider. Ricci said El Dorado County has been erecting road dividers in recent years tied to location and traffic levels.

Automobile Collisions and Wrongful Death Liability

While the accident November 24 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.

 

 

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.

 


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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.