3-year-old boy hit by car outside Greyhound station
A 3-year-old boy was hit by a car Friday night after he ran into the street outside the Greyhound station in downtown Bakersfield, according to his mother and police.
The child, Garrett Myers, was taken to Kern Medical Center with injuries characterized by police as minor to moderate.
The Riverside boy and two brothers, Dustin, 10, and Ethan, 8, came to Bakersfield with their mother to stay with their cousin, said the mom, Angela Myers.
While she was inside the station at 1820 18th St. charging her cell phone, her sons were outside. That’s when Garrett ran into the street, the mother said.
The car ran over Garrett and dragged him for a bit before stopping, said Dustin, who saw the whole accident with his brother Ethan.
“I couldn’t bear to watch him get run over again,” Dustin said through tears. “I’m terrified.”
Angela Myers said Garrett was conscious and talking to her as he was being taken away in the ambulance.
“I’m scared because he was tensing up, and he just kept saying, ‘Mom, mom,'” she said.
Ana Majano was inside the Greyhound station and saw as police lifted the car to get Garrett out from under it. Garrett had scratches on his back and bruises already forming on his nose and eyebrows, Majano said.
Fire trucks, police and an ambulance were at the scene at about 6:45 p.m. Flares had been set out at H and 18th streets.
The driver was not under the influence of alcohol, Bakersfield Police Sgt. Graydon Argast said.
Police were continuing to investigate Friday night.
Cause of the Bakersfield Crash
While this devastating Kern County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Kern County 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 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 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.
Motorcyclist killed in hit-and-run
A 45-year-old man was killed Thursday night after the motorcycle he was riding was struck by a vehicle.
Sacramento police said the crash occurred at 7:10 p.m. at 24th Street and 45th Avenue, near Sacramento Executive Airport. The vehicle fled the scene, leaving the injured motorcyclist in the roadway.
The motorcyclist was taken to an area hospital, where he died of his injuries. His name has not been released pending notification of family.
The motorist who fled was later located and detained by officers, police said.
Motorcycle Accident Wrongful Death Liability
While the accident on September 13 remains under investigation, the victims or family members of the victims would be well-advised to seek immediate consultation from a 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 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.
Big Rig Crash Update:Lemoore man killed in four-vehicle pileup identified
A 46-year-old Lemoore man who died in a four-vehicle chain-reaction collision in western Kings County on Saturday has been identified.
Arthur Escandon Robles died in the crash on Highway 41 at Hanford Armona Road, the Kings County Coroner’s Office said.
Robles initially was reported to be a Huron resident.
Three drivers were southbound on the highway shortly before 8 a.m. waiting for the traffic light to turn green when big-rig driver Harpal Sandhu, 21, of Clovis, failed to slow for the backed-up traffic, the California Highway Patrol said. The big rig hit Robles’ pickup and pushed it and two vehicles in front of it to the southwest corner of the intersection, the CHP said.
One vehicle hit a support pole and another crashed into a signal light pole. The big rig’s engine, which wound up in the bed of the pickup, caught on fire. The fire spread to the other three vehicles.
Sandhu and two other drivers escaped the crash with minor injuries.
Cause of the Kings 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 8 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.
Pedestrian Alcides Flores-Landaverde Killed By Hit And Run Driver
Hemet police turned to the public today for help identifying the person who ran over and killed a 23-year-old pedestrian.
Alcides Flores-Landaverde of Hemet was struck by a small pickup truck as he walked along East Florida Avenue, just west of Juanita Street, around 2:30 a.m. Tuesday. 
According to Hemet police, the driver of a silver 2000-2004 Nissan Frontier ran into the victim and fled the scene.
Flores-Landaverde was pronounced dead by paramedics, who arrived moments later.
The only evidence left behind was a portion of the passenger-side front grill, which broke off the pickup during the hit-and-run, said Hemet police Lt. Eric Dickson.
He said the front-end damage will also include chipped paint.
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 Hemet 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.
Pedestrian killed in Hollywood hit-and-run crash
HOLLYWOOD, LOS ANGELES (KABC) — The search is on for two suspects in a deadly hit-and-run accident in Hollywood. The suspects abandoned their car at the scene.
Authorities say the victim was hit while standing at a bus stop at Western Avenue and Romaine Street around 5:10 a.m. The mangled car, a 2010 Chrysler Sebring, was left at the scene.
Police say two male suspects fled on foot. A description of the suspects was not immediately available.
“I’m surprised. Why would they do something like that. It was an accident. They should’ve stayed here,” said Hovands Petrososyan, a bus rider.
According to investigators, the vehicle was heading northbound on Western Avenue approaching Romaine Street when it lost control, veering into oncoming traffic and slamming into a tree. Police say the two men never stopped to check on the victim.
LAPD Cmdr. Andrew Smith said the suspects ran past the victim into a blue car that was waiting on Romaine Street.
The victim has been identified as 63-year-old Amos Romasoc of Los Angeles.
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 Los Angeles 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.
Big-Rig Collision: Huron man dies in fiery crash on Highway 41
A 46-year-old Huron man died inside a burning pickup after a four-vehicle
chain-reaction collision occurred Saturday morning on southbound Highway 41 in western Kings County, the California Highway Patrol said.
The highway has been closed most of Saturday was scheduled to reopen at 8 p.m., the CHP reported.
Three drivers were southbound on the highway shortly before 8 a.m. waiting for the traffic light to turn green when the driver of a big rig failed to slow for the backed-up traffic. The big rig hit the Huron man’s pickup and pushed it and two vehicles in front of it to the southwest corner of the intersection, the CHP said. One vehicle hit a support pole and another crashed into a signal light pole. The big rig’s engine, which wound up in the bed of the pickup, caught on fire. The fire spread to the other three vehicles.
Three of the drivers escaped the fiery crash with minor injuries. The Huron man, who has not yet been identified pending notification of family, did not get out of his truck and was pronounced dead at the scene.
Cause of the Kings 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 8 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.
Big Rig Crash: Armona woman killed in crash is identified
A woman killed early Friday in a two-vehicle crash near Hanford has been identified.
Bayola Flores Garcia, 46, of Armona died in the collision at Houston and Ninth avenues, the Kings County Coroner’s Office said Saturday.
Flores Garcia was driving a Toyota Corolla east on Houston Avenue about 4:33 a.m. when she entered the Ninth Avenue intersection, where her car was struck by a southbound Peterbilt truck driven by Daniel Aranda, 24, of Hanford, the California Highway Patrol said.
The CHP said Aranda did not see a stop sign in time and then could not stop his truck before hitting the Corolla on the driver’s side door.
The CHP said Friday that Garcia was from Lemoore, but she recently had moved to Armona, the Coroner’s Office said Saturday.
Cause of the Kings 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 7 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.
Delivery truck runs over bicyclist in San Diego
A 74-year-old bicyclist was seriously injured Friday when he was run over by
a delivery truck in the Sports Arena area, San Diego police said.
The man was riding his bike just after noon on westbound Sports Arena Boulevard near Rosecrans Street.
A Dixieline truck, driven by a 41-year-old woman, made a right turn into the Dixieline store located on Sports Arena. The woman didn’t see the bicyclist and struck him, police said.
The man was hospitalized with a serious injury to his left leg.
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 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 California 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.
Riverside man struck, killed by vehicle
A 61-year-old Riverside man died Thursday night after being struck by a vehicle as he crossed Market Street in Jurupa Valley’s Belltown neighborhood.
Abraham Tosado was pronounced dead at the scene about 10 minutes after the collision, the Riverside County Sheriff’s Department and the coroner’s office said in separate news releases.
Tosado was crossing Market from east to west just south of 24th Street when he was hit by a northbound vehicle at 8:37 p.m., the Sheriff’s Department said. Tosado was pronounced dead at 8:47 p.m. The driver of the vehicle was not identified.
Cause of the Jurupa Valley 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 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.
Witnesses describe horrific W. Sac scene of pedestrian struck by police car
The sound was so jarring that some people along the gritty stretch of West Capitol Avenue assumed two cars had collided.
Residents rushed out of their mobile homes and motel rooms Tuesday night to find a gruesome scene: a man’s body severed at the torso, his clothing strewn about the roadway and a shaken West Sacramento police officer emerging from a patrol car with a shattered windshield.
“It’s terrible,” said Guillermina Zamora, 43, as she reflected Wednesday on the previous night. “Everybody here is in shock.”
West Sacramento police say one of their officers was on his way to join a vehicle pursuit, his lights flashing and sirens blaring, when he struck a pedestrian crossing the street.
The force of the impact was so great that the man’s torso went through the officer’s windshield, according to witnesses. His legs were found in the middle of West Capitol Avenue, just east of Pine Street.
The Yolo County Coroner’s Office identified the victim as 31-year-old Brandon Louis Nickolas and described him as a local transient.
Many complained the area is dangerously dark at night and lacks crosswalks – Nickolas was jaywalking when he was struck.
The 17-year-old youth who was the focus of the police pursuit that night – he allegedly was driving a stolen vehicle and failed to yield to officers – is being held at Yolo County juvenile hall. Because he is accused of launching the events that led to Nickolas’ death, West Sacramento police booked the teen on suspicion of murder, as well as car theft charges.
Chief Deputy District Attorney Jonathan Raven said his office had not yet decided whether to file a murder charge or whether to prosecute the teen as an adult. Those decisions are expected today, Raven said.
The officer involved is a six-year veteran of the force, said Lt. Tod Sockman, a police spokesman. As is standard protocol, the officer has been placed on paid administrative leave pending the outcome of an internal review and a criminal investigation by the California Highway Patrol.
Sockman said it was too early to know whether the officer acted in accordance with department policy. “I can’t comment on whether he did anything right or wrong,” he said. “That’s all going to be pending investigation.”
Javier Hernandez, 17, said he came out of his mobile home and saw a police officer staggering from his patrol car. Hernandez said he and another person tried to steady the officer, asking if he was all right. It wasn’t until Hernandez turned his head that he saw the victim’s torso in the front seat of the patrol car.
The officer was taken to the hospital but was not seriously injured, according to news reports.
Some residents ( of the mobile home park) had mixed feelings about who, if anybody, was to blame for Nickolas’ death. “I think it’s wrong,” said Amanda Huwa of the potential for the 17-year-old to face a murder charge. “Whoever hit (the victim) should get charged.”
If prosecutors pursue a murder charge against the teen, it likely would be under the auspices of the “felony murder rule.” That legal principle allows prosecutors to file murder charges against a person who commits a felony that leads to a death, such as a robbery gone awry.
Ruth Jones, a professor at Sacramento’s McGeorge School of Law, said the felony murder rule typically is applied when the defendant is physically responsible for the death – say, a suspect who strikes and kills a pedestrian while fleeing police.
“I would say this is not the classic felony murder case,” Jones said.
Jones said the officer involved likely would not be criminally liable as long as his actions are deemed “reasonable” based on the circumstances. “If the officer was appropriately engaged in the performance of his duty, then there probably wouldn’t be any criminal liability,” she said.
“Police have the ability to do more than citizens,” she added, including speeding to apprehend a criminal.
Vehicle pursuits have long been the subject of debate in law enforcement circles because of the inherent danger to bystanders as well as officers themselves.
The West Sacramento Police Department’s vehicle pursuit policy acknowledges the dilemma: “The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement’s duty to apprehend violators of the law.”
Some agencies have grown more conservative, adopting more restrictive policies or more frequently canceling pursuits except in the most egregious of cases. Still, they are not uncommon. Sacramento police officers have been involved in more than 100 pursuits so far this year, according to that agency; Sacramento County sheriff’s officials estimate deputies engage in as many as six pursuits a week.
Those who live near the site of Tuesday’s accident say they frequently see cars – police and otherwise – speeding down the road, a four-lane stretch with just gravel and dirt shoulders for sidewalks.
Neighbors expressed concern that the area has few streetlights and no crosswalks, despite foot traffic between two bus stops on opposite sides of the street.
Hernandez said there are many children in the area, some of whom dart out into the street in pursuit of stray s0ccer balls.
“It’s not the first time,” he said of collisions in the area. “And it won’t be the last time.”
Cause of the Sacramento Crash
While this devastating Sacramento 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 Sacramento 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 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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