Fatal Pedestrian Accident in San Bernardino
A 30-year-old Crestline man was the victim of this weekend’s fatal pedestrian accident near the base of a mountain highway in San Bernardino, coroner’s officials say.
Carl Evans died at the scene of the 3:53 a.m. crash Sunday, Sept. 23, along Highway 18 below the lower Waterman Canyon turnoff.
Evans was struck by 45-year-old Margaret Stegenga of Crestline, who had been drinking, said police Lt. Paul Williams.
Stegenga has not been arrested because the degree of her alcohol impairment, if any, has not been determined, Williams said.
However, investigators have determined that her vehicle drifted out of the traffic lanes and hit Evans who was walking beside the roadway, he said.
Cause of the San Bernardino County Crash
If news accounts of this incident are accurate, the 45 year old driver is likely responsible for the incident. While this devastating San Bernardino County accident on September 23 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 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.
Alcohol impaired driving accidents and wrongful death liability
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. 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
Jet ski collision kills woman on Colorado River
A weekend jet ski collision along the Colorado River killed a 58-year-old Washington state woman, San Bernardino County coroner’s officials say.
Deanna Loy Lewis died at a hospital less than an hour after the 12:40 p.m. accident Saturday, Sept. 22, about a mile south of Jack Smith Park. She was a resident of Mead, Washington.
Lewis and a companion had stopped to wait for other members of their party and were drifting south when Lewis was struck by another personal water craft, knocking her into the river, coroner’s officials said in a written statement.
A doctor aboard a passing boat stopped to help, and Lewis was taken to Colorado River Medical Center where she died at 1:31 p.m.
The sheriff’s Marine Enforcement Unit is investigating the incident.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality 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 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 boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning 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 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 atorney 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.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
Houston officer kills double amputee in wheelchair
A Houston police officer shot and killed a one-armed, one-legged man in a wheelchair Saturday inside a group home after police say the double amputee threatened the officer and aggressively waved a metal object that turned out to be a pen.
Police spokeswoman Jodi Silva said the man cornered the officer in his wheelchair and was making threats while trying to stab the officer with the pen. At the time, the officer did not know what the metal object was that the man was waving, Silva said.
She said the man came “within inches to a foot” of the officer and did not follow instructions to calm down and remain still.
“Fearing for his partner’s safety and his own safety, he discharged his weapon,” Silva told The Associated Press.
Police did not immediately release the name of the man who was killed. They had been called to the home after a caretaker there called and reported that the man in wheelchair was causing a disturbance.
The owner of the group home, John Garcia, told the Houston Chronicle that the man had a history of mental illness and had been living at the house about 18 months. Garcia said the man had told him that he lost a leg above the knee and all of one arm when he was hit by a train.
“He sometimes would go off a bit, but you just ignore it,” Garcia told the newspaper.
Silva identified the officer as Matthew Jacob Marin, a five-year veteran of the department. He was immediately placed on three-day administrative leave, which is standard in all shootings involving officers.
Houston police records indicate that Marin also fatally shot a suspect in 2009. Investigators at the time said Marin came upon a man stabbing his neighbor to death at an apartment complex and opened fired when the suspect refused to drop the knife.
On Saturday, Marin and his partner arrived at the group home around 2:30 a.m. Silva said there were several people at the house at the time. The caretaker who called police waited on the porch while the officers went inside, she said.
“It was close quarters in the area of the house,” Silva said. “The officer was forced into an area where he had no way to get out.”
Police Shootings Attorney
Have you been the victim of a police shooting? Have you lost a loved one from a police shooting you believe was unjustified? If so, you need the help of the Law Offices of Gary A. Kessler. Contact us today for a free consultation regarding the specifics of your case. We have extensive practice in this area, and have a track record of recovering millions for victims of unjustified police shootings and their families. Unless a person shoots at officers or hurts others in the presence of the police, it is usually unnecessary for police to be shooting. Unlawful shootings by police are considered excessive force, and are a violation of rights.
Tensions are High
Whenever police are involved in a situation, tensions are automatically raised. In turn, individuals may panic and behave irrationally. The police are sworn to protect citizens, and trained in ways to calm intense circumstances and the people involved. If inadequately trained, there is the problem of excessive force being used by the police, often by the way of shootings, when not necessary. The police firearm should be used in only extreme situations, and every other method to calm the conflict should be used in exhaustion before firing, even when using non-lethal methods such as bean bag guns or tasers. Although non-lethal, these methods of control can still cause significant injury to the victim, and should not be used unless absolutely necessary. Recent victims of police shootings from bean bag shot guns have needed emergency surgery, and even died as a result of the wound. In many cases, this is due to a lack of training for the police officer.
The Next Step
If you have lost a loved one due to a police shooting you believe to be unjustified, or are yourself a victim of an unjustified police shooting, it is important for you to take action immediately. Although an investigation of all police shootings is done by the police department, that can hardly be considered an objective investigation, when it is obvious they will lean toward the shooting being justified if there is any question on how evidence can be construed. Our attorneys will be able to uncover any evidence necessary to find out what actually occurred to result in the shooting. Contact the Law Offices of Gary A. Kessler today to find out how we can help you.
Woman left to die in hit-and-run
A 68-year-old woman was found fatally injured Friday, Sept. 21, along a road near her French Valley home, authorities said.
It appeared she was struck by a vehicle that left the scene, said Officer Nathan Baer, a spokesman for the California Highway Patrol.
Family members went looking for the woman after she didn’t return from her morning walk, said Sgt. Dean Spivacke of the Riverside County Sheriff’s Department. About 8:45 a.m. they found her unconscious on the shoulder of Brookridge Lane near Washington Street, he said.
The woman died at 9:50 a.m. at Loma Linda University Medical Center in Murrieta, coroner’s officials said.
As of 5 p.m. Friday, her name had not been released.
The Sheriff’s Department was assisting the CHP with the investigation Friday. If investigators were to determine the woman was hit intentionally, the Sheriff’s Department would take over the case, said CHP Sgt. Cory Ball.
“There are a lot of unknowns at this point,” Ball said at the scene.
Brookridge was blocked off for hours with yellow crime scene tape. Around noon, a sheriff’s helicopter circled above as a sheriff’s deputy with a dog combed a nearby field for evidence.
Pedestrian Accident Wrongful Death Liability
Following a major pedestrian accident, the victim or family members of the victim would be well-advised to contact a skilled wrongful death attorney such as Gary A. Kessler. An attorney who has the experience in hit-and-run accidents, can protect the victim’s legal rights and help police in efforts locate the driver.
In the event the driver cannot be located, The Law Offices of Gary A. Kessler can help recover compensation for the victim through his insurance, if he has one. Compensation in a civil claim can include medical care expenses, lost earnings, pain and suffering, or other related damages.
Seeking immediate counsel from an experienced Riverside County automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims family 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 personal injury 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 top 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. 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.
Hemet dog-bite victim recovering; boxer quarantined
A 63-year-old man suffered serious bite wounds Wednesday afternoon, Sept. 19 when he was attacked by a dog that escaped from a fenced-in yard on Kirby Street in Hemet.
Hemet police Sgt. Dan Reinbolt said Wednesday evening that three dogs had escaped from the yard, but Sheppard said only one dog, a boxer mix, was involved in the attack.
Sheppard said a wrought-iron fence in the dog owner’s yard had a hole in it and the dog was believed to have either gone under or through the fence to escape. The dog’s owner was not at home at the time.
The boxer is being held in quarantine by the society, which contracts with the city of Hemet to provide animal control services.
Sheppard said an animal control officer left a notice at the owner’s house indicating that the fence would have to be mended before the society would consider returning the dog. As of Thursday, he said, the owner had not been cited.
Dog Attacks and personal injury liability
CALIFORNIA DOG BITE STATUTE SECTION 3342
Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite. One bite alone is sufficient for liability. Dog owners do not get a second chance in California. They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously. Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:
- Defendant owned the dog;
- The dog bit the Plaintiff;
- The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occurred; and
- Plaintiff sustained injuries from the dog bite.
What You Should Do If You Or A Loved One Has Been Bitten By A Dog:
- Take pictures of your injuries immediately;
- Consult law enforcement and request that a police report be made;
- Keep copies of all medical bills and records;
- Continue to take pictures of the bite(s) as the wounds heal;
- Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
- If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.
WE WILL FIGHT FOR YOU!
Demand accountability from dog owners. Settling dog bite claims can be difficult and complex. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case. We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies. We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial. Are the other law firms you are considering willing to front all costs?
In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict of what we recover for our attorney’s fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorney’s fees or costs are owed to our firm. Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.
Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.
2011 statistics
- 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
- Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
- The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
- Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
- The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
- Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
- 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
- Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
- The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
- 2011 Fatal Dog attacks by breed
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Pedestrian hit, killed by sheriff’s deputy
A sheriff’s deputy intending to pull over a suspected drunken driver hit and killed a pedestrian early Tuesday in San Marcos.
The deputy was in a parking lot of an area called “restaurant row” on West San Marcos Boulevard at Via Vera Cruz about 1:30 a.m. when he spotted a vehicle driving erratically, sheriff’s spokeswoman Jan Caldwell said.
He pulled out of the lot onto Via Vera Cruz, made a right on San Marcos Boulevard and accelerated to catch up with the car. He had gone about 100 yards and had not yet activated his emergency lights when a man “stepped right out in front of him,” Caldwell said.
The victim had crossed the eastbound lanes of the major thoroughfare in an unmarked and dark area, and was standing in the center median of the roadway when he stepped into the road. The man died at the scene.
Caldwell said there are indications he worked in the area. His name has not yet been released.
The deputy, who has been on the force about seven years, suffered a minor injury in the crash and was treated by paramedics, Caldwell said.
“He was pretty shaken,” she said.
Westbound lanes of West San Marcos were closed between Via Vera Cruz and South Las Posas Road as authorities investigated.
The suspected drunken driver was not located, Caldwell said.
Cause of the San Marcos Crash
While this devastating San Diego 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 Diego County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
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.
Man killed in Rancho Cordova school bus crash
A man was killed after a school bus and a jeep crashed Tuesday afternoon in a rural area of Rancho Cordova.
The crash happened around 3:52 p.m. near Jackson Highway and Sunrise Boulevard.
According to the California Highway Patrol Officer Jasper Begay, the Jeep Cherokee was traveling westbound on Jackson Highway toward Sunrise when the driver ran the red light.
The school bus driver broadsided the Jeep, which killed the front passenger. The woman driving the Jeep was taken to a nearby hospital for treatment, Begay said.
The school bus did not have any student passengers. Begay said he not have information on if the driver was injured.
Traffic is backed up on Jackson Highway and Sunrise Boulevard; drivers cannot go eastbound on Jackson Highway nor can they go southbound on Sunrise Boulevard.
CHP is diverting traffic since the intersection is closed.
Cause of the Sacramento 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 September 18 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 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.
Four year old boy struck by SUV in Hemet
A 4-year-old boy was hospitalized late Monday afternoon, Sept. 17, after being struck by an SUV as he ran across a busy Hemet street.
The boy, whose name has not been released, had been seen by witnesses running across the street three or four times, narrowly missing being hit, until he was struck by a Toyota Highlander about 4:20 p.m., Hemet police said in a news release and at the scene.
The incident happened in the 2700 block of West Devonshire Avenue, police said. Officers and firefighters arrived on scene to find the boy in the street. The driver of the Toyota stopped and cooperated with investigators.
The boy was taken by ground ambulance to an air ambulance and flown to a hospital for treatment, police said. They did not say which hospital and they had no word on his condition.
Cause of the Riverside County Crash
While this devastating Riverside 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 Riverside 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 personal injury claim.
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 Twenty-nine 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.
Fiery gasoline tanker collision , killed a teenage motorist from Hesperia
A fiery gasoline tanker collision hurt the trucker, killed a teenage motorist from Hesperia and closed a major street less than 11/2 miles from Victorville’s main shopping mall, San Bernardino County Fire Department and coroner’s officials said.
The blaze was reported at 12:54 a.m. Saturday, Sept. 15, shortly after the fuel tanker and a passenger car crashed at Bear Valley Road and Eleventh Avenue in Hesperia, across Interstate 15 from the Mall at Victor Valley.
“Residents stated they tried to come to the aid of the drivers, (but) had to turn back due to explosions and the extent of the fire,” Fire Department officials said in a written statement.
Nineteen-year-old Jorge Luis Salazar died at the scene.
Salazar had been driving his blue 1998 Mitsubishi south on Eleventh Avenue when he was struck by a blue 2007 Peterbilt semi-tractor, coroner’s officials said in a separate statement.
The trucker was injured but ran to safety.
His two trailers contained about 9,000 gallons of gasoline, most of which burned, forcing the evacuation of an apartment complex and causing minor damage to a home, water and smoke damage to an animal hospital and a half-acre vegetation fire, according to the Fire Department statement.
The tanker blaze was so intense that a crash truck specifically designed to fight fuel fires was summoned from nearby Southern California Logistics Airport in Victorville.
The fire, accident investigation and cleanup closed a three-block stretch of busy Bear Valley Road for nine hours until the roadway was reopened at 10 a.m. Sunday.
Cause of the San Bernardino County Crash
If news accounts of this incident are accurate, the Semi driver is likely responsible for the incident. While this devastating accident on September 15 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 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.
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 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.
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 necessary 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.
Two people killed in boating accident on Englebright Lake
A collision of a ski boat and another power boat on Englebright Lake about 7 p.m. Saturday has left two people dead and another two transported to the hospital with injuries, according to Yuba County Sheriff’s Department Lt. Damon Gil.
“We are still trying to confirm whether there’s anyone else involved,” he said. “We’re doing a search to confirm the exact number of people who were on each boat.”
Investigators are looking into how the accident occurred on the lake, which is near Smartsville, west of Grass Valley.
Rescuers included the Yuba County Sheriff’s deputies and boat patrol, the Nevada County Sheriff’s Department and dive team as well as the California Department of Forestry and Fire Protection, and the Army Corps of Engineers, Gil said.
Boating Accident Personal Injury and Wrongful Death Liability
The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.
Boating accidents occur very quickly and in many different places. Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur. Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.
According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.
Many times a boater will have been speeding or may have had too much alcohol.
There are specific boating laws that must be followed or fatalities can occur. The Law Offices of Gary A Kessler is familiar with the different state’s boating laws. We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.
It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, sinking and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.
Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat. The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.
Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others. Owners may also be held liable under the theory of vicarious liability. For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.
Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests. The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.
The laws regarding boating accident (drowning) cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced boating fatality 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 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 boating fatality (drowning) accident. The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning 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 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 atorney 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.
The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.
