A Man and His Terrier Suffer Dog Bites in Attack by Pit Bull

A Pit Bull terrier and its person, a 28-year-old Benicia man each face possible charges after the dog attacked another dog and a person at the Southampton Shopping Center Tuesday evening around 7:15.

The Pit Bull was wearing a harness but was not on a leash when the attack occurred according to Lt. Mike Daley of the Benicia Police Department.  The Pit Bull’s owner had gone into the Superstop to make a purchase and had asked a woman in the vicinity to hold the dog.  While the man was in the store the Pit Bull spotted an Airedale terrier being walked by a 69-year-old Benicia man.

The 18-year-old woman holding the Pit Bull was unable to restrain the animal and it attacked the Airedale.  The Airedale’s owner tried to separate the dogs and suffered dog bites to his right thumb and his right leg near his knee .  The Airedale suffered bites to the neck and ears.

The female could not hold the Pit Bull as it took off to attack the other dog. The victim attempted to stop the attack on his dog by the Pit Bull by separating the dogs.

“The 28-year-old Benicia man then exited the store and separated his dog from the Airedale and the victim,” said Daley.  “The 28 year-old-male then quickly entered his truck with his dog and drove from the area.”

The victim was transported via ambulance to an area hospital for treatment of his thumb and knee bites. The victim’s dog is at a Veterinary Hospital and received treatment for the injuries to its neck and ear.

“Later in the evening, Benicia Police located and stopped the 28 year old male in his truck,” said Daley.  “He agreed to surrender his dog for quarantine.

At this time, Benicia Police and our Animal Control Officer are investigating the incident to determine the extent of any criminal negligence in this incident.  No arrests or citations have been issued at this time pending the completion of the investigation.

Chapter 6 of the Benicia Municipal Code states the dogs must be on a “substantial leash, no longer than 6 feet” when they are in any part of the city except places designated as off leash area or in their yards.  It also states, “A person who owns or keeps an animal and who allows, permits or causes the animal to be at large in or upon a public street, sidewalk, park, or other public property, or in or upon the premises or private property of another person, shall be guilty of a misdemeanor if the animal bites, attacks, or causes injury to any human being or other animal.”

The Pit Bull is currently in quarantine for 10 days at the county dog shelter.  If the city decides to hold a Dangerous Dog hearing the dog will be quarantined an additional 30 days.

Police were unable to give a status report on the condition of the Airedale’s person but did report that the dog is expected to survive.

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 occured; 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 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

.

 

Highway worker reported to be son of racer Bruce Penhall killed

 

A Caltrans contract worker reported to be the son of motorcycle racer Bruce Penhall was killed late Wednesday when he was struck by a drunk driver on a freeway in Baldwin Park, police said.

Connor McDermott Penhall, 21, of Corona was part of a contract crew working for Caltrans on the westbound 10 Freeway at about 11:45 p.m. when he was struck by a Toyota Rav4 that drove through the construction barricades, California Highway Patrol Officer Kerri Rivas said.

KTLA-TV reports that Penhall was the son of Bruce Penhall, the former motorcycle racing champion and TV and film star.

Westbound lanes of the 10 Freeway were closed through the night but reopened at about 6:15 a.m., Rivas said.

Bruce Penhall retired from racing after he won his second world championship in 1982 in front of his home crowd at the L.A. Memorial Coliseum.

Cause of the Baldwin Park Crash

Investigators believe the driver, Tatsuhiko Sakamoto, 37, of Arcadia, was under the influence of alcohol. He was arrested on charges of vehicular manslaughter, DUI and driving without a license.

 

Pedestrian  Accidents and Wrongful Death Liability

The laws regarding pedestrian  accident cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced pedestrian  accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California pedestrian accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a pedestrian accident. Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and pedestrian/bicycle accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case.  As in all pedestrian  accidents and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the reponsible parties!

 

 

Porterville woman suffers major injuries in 3-car crash

A Porterville woman sustained major injuries in a three-car collision near Poplar, the California Highway Patrol reported.

The crash happened Tuesday afternoon. Martin Salazar, 46, of Porterville was driving east on Avenue 152 approaching Road 208 in a Ford. David Myer, 51 of Porterville was westbound on the avenue in a Dodge. A Toyota driven by Randal Gibson, 52, of Porterville was stopped southbound on Road 208.

The CHP said Salazar turned left toward Road 208 in front of Myer and Myer collided with the side of the Ford, which then collided with the Toyota.

Salazar and Myer suffered minor injuries, but Patricial Myer, 64 of Porterville, a passenger in the Dodge, was hospitalized with the major injuries. Gibson was not injured.

Liability for  Serious Injuries in Car Accidents

Seeking immediate counsel from an experienced Bakersfield 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. And while it is uncertain who is liable for this incident, an attorney can also hire a highly skilled independent investigator to reconstruct the scene of the accident and determine who is responsible.

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 catastrophic injury.  The Law Offices of Gary A Kessler carefully selects its catastrophic injury cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your catastrophic injury 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.

 

 

Converted bus rolls over in I-5 crash, injuring 9

A truck driver reaching for beef jerky hit a converted school bus with 10 people inside, causing the bus to roll over Tuesday on Interstate 5.

Nine people in the 1987 International Blue Bird bus were hurt. Three with moderate injuries were taken by ambulance to Kern Medical Center in Bakersfield.

The 39-year-old driver of the 2008 Kenworth truck, a resident of Lakewood, Fla., was uninjured and not arrested.

The crash occurred about 6 a.m. in western Kern County on I-5 just south of the Kings County line.

According to the CHP, the driver of the northbound truck “was inattentive to his driving by reaching for a pack of beef jerky,” causing the truck to hit the rear of the bus, which slid into the dirt median and overturned, the CHP said.

 The bus driver, a 23-year-old man from Phoenix, sustained minor injuries. The passengers, ages 22 to 46, are from Arizona, Texas and California.

Cause of the Bakersfield Big-Rig Accident on I-5

The terrible accident on April 3rd remains under investigation by the California Highway Patrol. However, if the information provided by the Kero 23 News and the Fresno Bee is accurate, the driver of the big-rig appears to be at fault for speeding and distracted driving.

Big-Rig accidents and serious injury liability

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.

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.

 

 

 

April is Distracted Driving Awareness Month

April is Distracted Driving Awareness Month, and at the Law offices of Gary A. Kessler  we want to spread the word that just one text or call could wreck it all. As part of Distracted Driving Awareness Month, the law firm will be releasing safety tips and advice to prevent crashes and deaths by distracted driving.

Gary A. Kessler believes enforcement and common-sense safety laws, such as texting while driving bans, can help prevent distracted driving car accidents, and deaths. But legislation is not the only solution. Common sense, personal responsibility and educating drivers about the dangers of distracted driving are all major parts of the solution that will save lives.

Distracted Driving

Each day, more than 15 people are killed and more than 1,200 people are injured in crashes that were reported to involve a distracted driver. Distracted driving is driving while doing another activity that takes your attention away from driving; these activities can increase the chance of a motor vehicle crash.

There are three main types of distraction:

 Distracted Driving in the United States and Europe:
A recent CDC analysis examined the frequency of two major distractions—cell phone use and texting—among drivers in the United States and several countries in Europe.
  • Visual—taking your eyes off the road;
  • Manual—taking your hands off the wheel; and
  • Cognitive—taking your mind off what you are doing.

Distracted driving activities include things like using a cell phone, texting, and eating. Using in-vehicle technologies (such as navigation systems) can also be sources of distraction. While any of these distractions can endanger the driver and others, texting while driving is especially dangerous because it combines all three types of distraction.

How big is the problem?

  • In 2009, more than 5,400 people died in crashes that were reported to involve a distracted driver and about 448,000 people were injured.
  • Among those killed or injured in these crashes, nearly 1,000 deaths and 24,000 injuries included cell phone use as the major distraction.
  • The proportion of drivers reportedly distracted at the time of a fatal crash has increased from 7 percent in 2005 to 11 percent in 2009.
  • When asked whether driving feels safer, less safe, or about the same as it did five years ago, more than 1 in 3 drivers say driving feels less safe today. Distracted driving—cited by 3 out of 10 of these drivers—was the single most common reason given for feeling less safe today.
  • A recent CDC analysis examined the frequency of two major distractions—cell phone use and texting—among drivers in the United States and seven European countries (Belgium, France, Germany, the Netherlands, Portugal, Spain, and the United Kingdom). Results of the analysis included the following findings:
    • Cell phone use while driving:
      • 25% of drivers in the United States reported that they “regularly or fairly often” talk on their cell phones while driving.
      • In Europe, percentages ranged from 21% in the Netherlands to 3% in the United Kingdom. 
      • 75% of U.S. drivers ages 18 to 29 reported that they talked on their cell phone while driving at least once in the past 30 days, and nearly 40% reported that they talk on their cell phone “regularly” or “fairly often” while driving.
      • In Europe, percentages of young adults who reported talking on their cell while driving at least once in the past 30 days ranged from 50% in Portugal to 30% in the Netherlands.
    • Texting or e-mailing while driving:
      • 9% of drivers in the United States reported texting or e-mailing “regularly or fairly often” while driving.
      • In Europe, percentages ranged from 10% in the Netherlands to 1% in the United Kingdom.
      • 52% of U.S. drivers ages 18-29 reported texting or e-mailing while driving at least once in the last 30 days, and more than a quarter report texting or e-mailing “regularly” or “fairly often” while driving.
      • In Europe, percentages of young adults who reported texting or e-mailing while driving at least once in the past 30 days ranged from 44% in Portugal to 17% in the United Kingdom.

What are the risk factors?

  • Some activities—such as texting—take the driver’s attention away from driving more frequently and for longer periods than other distractions.
  • Younger, inexperienced drivers under the age of 20 may be at highest risk because they have the highest proportion of distraction-related fatal crashes.

How can distracted driving be prevented?

  • Many states are enacting laws—such as banning texting while driving—or using graduated driver licensing systems for teen drivers to help raise awareness about the dangers of distracted driving and to keep it from occurring.
  • On September 30, 2009, President Obama issued an executive order prohibiting federal employees from texting while driving on government business or with government equipment.
  • On October 27, 2010, the Federal Motor Carrier Safety Administration enacted a ban that prohibits commercial vehicle drivers from texting while driving.

 

 

Woman dies in Austin boating accident

Death becomes first fatality of boating season

AUSTIN (KXAN) – A 21-year-old woman became the first fatality of Austin’s boating season, the victim of a boat accident.

According to first responders, the woman was struck by a boat at around 5:30 p.m. on Sunday at Mansfield Dam.

The injury was critical, nearly severing the woman’s leg, according to updates on Twitter provided by the Austin-Travis County Emergency Medical Services.

The woman was transported to University Medical Center Brackenridge, where she died.

Lower Colorado River Authority officials were on scene to investigate the accident.

No one was able to confirm the woman’s identity, although many people who authorities interviewed appeared to know her and were upset to hear of her death.

Marine & Boating Accidents

There are thousands of private boat owners in the United States.  Maritime and boating accidents can be extremely serious usually resulting in death.  A boating accident can occur on a privately owned boat (yacht), personal watercraft (jet ski), cruise ship or a ferry.  As a general rule, the captain (or operator) of a boat and its owner have a duty to exercise the highest degree of care in order to prevent injuries to others.

The most common boating accidents are collisions with other boats, sinkings, capsizings and boat disappearances.

Boating accidents occur very quickly and in many different places.  Lakes, canals, rivers, intercoastal 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.  The major causes of boating fatalities are:

  • Drunk boat operator
  • Inexperienced boating operator
  • Defective and/or malfunction of the boats steering mechanisms
  • Driver’s (boat operator’s) negligence
  • Overloading the boat
  • Violation of  “no wake zones”
  • Disregard of speed zones (unsafe speed)
  • Disregard to utilize “horn”
  • Failure to use boat lights
  • Careless and “reckless operation” of the boat
  • Failure to use “proper lookout”
  • Following another boat too closely
  • Products liability (design defect which makes the watercraft inherently dangerous)

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.

Does Federal Maritime Law or State Law Apply?

Generally, the legal issues are similar to other personal injury claims such as questions related to negligence, causation and damages.  But first we must determine which law will control the case – federal maritime law or state tort law.  The differences between federal maritime law and state tort law are significant and sometimes determine the outcome of the case.  Only an attorney who regularly handles boating injury cases has the experience to sort through the complexity of the law to maximize your monetary recovery.

Traditionally, maritime law applied only to commercial and ocean-going vessels.  More and more recreational boats (i.e., “watercraft”) are involved in accidents which meet the conditions that trigger maritime law.  If the accident occurs on “navigable waters” and there is a relationship between the accident and traditional maritime activities, the maritime law will govern regardless of the type of vessel.  The legal system refers to these conditions as the “locality tests” and a “nexus test.”

What Are the Rights of a Person Injured on or by Watercraft

The potential claims of a person injured by a watercraft are determined by the category: seamen, social guest, business visitor, or bystander/swimmer/water skier.  The category also determines the legal rules that will be applied to your claim.

Social Guests, Business Visitors and Bystanders

Most people injured on and around boats are categorized as a “social guest.”  These claims will be determined by general maritime law and state law principles of negligence.

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 occured will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.

Product Liability Claims – Personal Watercraft Such as Jet Skis

Although most boating accidents occur due to the boat operator’s negligence or recklessness, some boating accidents are caused by a dangerous defect of the boat itself.  Recently, several successful lawsuits have been won by plaintiffs arguing some type of failure of either the boat’s machinery or its hull (the body of the vessel). When an injury results because of a defective or dangerous condition of a boat, the injured person may have a products liability case against the manufacturer of the boat.

The manufacturers of personal watercraft have faced numerous product liability claims during the last decade.  The claims allege that a manufacturer’s design defect makes the watercraft unreasonably dangerous when used in a “foreseeable manner.”  A foreseeable use argument alleges the manfacturer could clearly forsee the use of their products by young and inexperienced operators, especially given the manner in which manufacturers market the products.  (Also, see our section under “Product Liability.”)

The highly skilled boating accident attorney Gary A Kessler (and the Law Offices of Gary A Kessler) has the experience and track record, handling dozens upon dozens of successful lawsuits against the owners and operators of private boats, personal watercraft, cruise ships and commercial ferries.  If you or a loved one suffered an injury or death due to a boating accident or while engaged in water sporting activities, consult experienced personal injury lawyer Gary A Kessler who has handled these types of claims as soon as possible.  The laws that apply to injuries that occur on or around the water are extremely complex and must be carefully analyzed to correctly determine the liability issues and the value of your boating fatality case.  For example, does state negligence law or federal maritime law or both apply?  Who are the responsible parties?  Is the cause of action against the owner of the boat for negligent operator or the boat operators or both?  Did the boat malfuntion creating a product liability claim against the boat manufacturer?

If you or a loved one is involved in a boating (drowning) death/accident:

  • Seek medical attention immediately and CPR if possible for the victim ;
  • Insist that a report is filed by the Police Department, Sheriff’s Department, Boating and Waterways Department, National Transportation Safety Board or Coast Guard;
  • Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident);
  • Photograph the boating accident scene if possible as well as all of the surrounding area;
  • Shut up!  Talk to no one about the boating accident other than your attorney, never to an insurance adjuster or insurance investigator.  Do not volunteer a statement to any insurance company;- Sign absolutely nothing without consulting a lawyer;
  • Keep a diary of your loved one’s recovery and all copies of medical bills, wage loss and funeral bills;
  • Keep all receipts for all medical expenses and/or funeral bills and wage loss;
  • Contact the Law Offices of Gary A Kessler who is experienced in boating accidents and Maritime law to protect your rights and preserve the evidence!

Demand accountability from those responsible for the boating accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the neccessary investigation and expert witnesses needed to prepare your case for trial.

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 western states 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 Arizona, California, Texas, Oregon, Washington and Florida in both State and Federal Counts.

 

COLTON: Tow-truck operator struck, killed on I-10

A SigAlert issued at 5:25  on March 30th after a major-injury collision on westbound Interstate 10 in Colton slowed traffic to a crawl has been cancelled.

Highway Patrol dispatchers said that a pedestrian, who was helping a stranded vehicle just east of Rancho Avenue, was hit by another vehicle.

Jesus Salcedo, a 56 year old resident of Colton, and owner/operator of J&S Towing, was in the processing of towing a disabled vehicle from the shoulder of the westbound Interstate 10 Freeway, at the La Cadena Dr. on ramp, in the city of Colton, when he was struck and killed by a westbound Nissan Titan SUV.

At one point, traffic was backed up eastward well passed the interchange with Interstate 215.

The entire westbound freeway was closed for a time, but emergency crews got the two right lanes reopened quickly, while the Nos. 3 and 4 lanes remained closed, dispatchers said. Traffic inched its way around the collision site.

Some traffic was taken off the freeway at Ninth Street in Colton, the CHP said. The SigAlert was cancelled at 8:07 p.m.

Cause of the Highway 10 Pedestrian Accident

The cause of the March 30th crash remains under investigation by the California Highway Patrol. While it is uncertain whether driver negligence, distracted and unsafe driving caused or contributed to this tragic accident, the victim’s family would be well-advised to contact an experienced wrongful death lawyer.  An experienced and knowledgeable lawyer can advise the victim’s  family of their legal rights and best course of action to recover the compensation he is entitled to for medical care expenses, lost wages, pain and suffering, or other related damages in this terrible pedestrian accident.

Pedestrian  Accidents and Wrongful Death Liability

The laws regarding pedestrian  accident cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced pedestrian  accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California pedestrian accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a pedestrian accident. Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and pedestrian/bicycle accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case.  As in all pedestrian  accidents and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the reponsible parties!

 

 

 

 

 

Motorcyclist dies, driver arrested in I-405 crash

IRVINE – A 32-year-old motorcyclist died and a 27-year-old woman was arrested on suspicion of driving under the influence after being involved in a traffic crash Thursday night.

The crash occurred at about 11:33 p.m. on the southbound I-405 just south of Sand Canyon, the California Highway Patrol said.

A 32-year-old motorcyclist died and a 27-year-old woman was arrested on suspicion of driving under the influence after being involved in a traffic crash Thursday night. The crash occurred at about 11:33 p.m. on the southbound I-405 just south of Sand Canyon, the California Highway Patrol said.

According to the CHP, Leslie Juarez, from Laguna Beach, was driving a 1997 Mitsubishi Eclipse at a high speed when she collided with a 2006 Nissan Sentra.

The crash caused the Sentra to travel out of control over the center median wall and in the carpool and No. 1 and 2 lanes of the northbound I-405, the CHP said in a news release.

The driver of a 1995 Toyota Tacoma then collided with the Sentra on the northbound I-405, causing the Sentra to come to a stop, said the CHP.

That’s when a northbound motorcyclist riding a 1999 Suzuki crashed into the Sentra, the CHP added.

The 32-year-old motorcyclist from Tustin suffered fatal injuries, while the driver of the Sentra was hospitalized with minor injuries.

Juarez was taken to Hoag Hospital with minor injuries and was later arrested on suspicion of gross vehicular manslaughter and driving under the influence of alcohol or drugs.

Motorcycle Accidents and Wrongful Death Liability

The laws regarding motorcycle accidents are complex and include many facets of the law.It is vital to surviving family members to seek the advice of an experienced motorcycle 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 Irvine  motorcycle 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 motorcycle accident. Such accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A. Kessler carefully selects its wrongful death and motorcycle 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 the trial of your case. As in all motorcycle accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A. Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible parties.

If you have been seriously injured or a family member has sustained fatal injuries from a motorcycle accident you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your legal rights and preserve the evidence.  The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.

 

TEMECULA: Teen skateboarder killed crossing busy street

A 14-year-old boy was killed Tuesday night when he skateboarded across a busy Temecula road in front of an SUV, authorities said.

Noah Austill, an eighth-grader at Gardner Middle School in Temecula, died at the scene, Riverside County coroner’s officials said.

Noah was riding east on Rancho California Road about 9:30 p.m. and crossing Ynez Road when he was hit by a Jeep Liberty, Riverside County sheriff’s officials said.

Sgt. John Magnan said the 20-year-old SUV driver was headed north on Ynez Road and didn’t see the boy before his vehicle hit him. It appears the driver had a green light when he entered the intersection, Magnan said.

Noah was alone, dressed in dark clothing and might have been wearing headphones when he was hit, Magnan said. It was unclear whether he had been riding in the street or on the sidewalk before the accident, he said.

“He was probably just on his skateboard cruising home,” Magnan said.

The driver was not arrested. No alcohol or other impairment is suspected, Magnan said.

Magnan declined to release the driver’s name because deputies are still investigating.

Melanie Norton, spokeswoman for the Temecula Valley Unified School District, said this was Noah’s first year in district. School is closed this week for spring break.

Liability for Temecula Skateboarding Accidents

While it is uncertain whether driver negligence, distracted and unsafe driving caused or contributed to this skateboarding accident, the victim would be well-advised to contact a Temecula wrongful death lawyer . If for any reason the victim cannot speak to an attorney regarding this March 28th  incident, the family is advised to speak to one on his behalf. An experienced and knowledgeable lawyer can advise the victim and his family of his legal rights and best course of action to recover the compensation he is entitled to for medical care expenses, lost wages, pain and suffering, or other related damages in this terrible skateboarding accident.

The California skateboard 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 skateboard accident. Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and skateboard accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your case.

Man badly hurt when thrown in rock crusher in Irvine

IRVINE – A construction worker suffered life-threatening injuries when he was thrown into a rock crusher at a construction site Wednesday afternoon, authorities said.

The incident was reported at about 12:50 p.m. at the 8700 block of Irvine Center, said Orange County Fire Authority Capt. Marc Stone.

Stone said it appears the man, who was roughly in his late 30s to mid-40s, was entangled in a conveyor belt and was dumped into a rock crusher.

The man yelled and screamed and his co-workers hit the emergency button before he went through, Stone said.

He suffered life-threatening head injuries and was taken to Mission Hospital, Stone said.

It took about 15 minutes for the Fire Authority urban search and rescue team to remove the worker, Stone added.

Beyond Workers’ Comp

Many injured construction workers assume they are only able to receive workers’ compensation benefits for injuries on the job site.  A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation.  If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example.  A general contractor who failed to maintain a safe workplace may also be liable.

The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.

Demand accountability from those responsible for the dangerous conditions of the construction site accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding construction accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced construction accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

California construction 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 construction site accident.  Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and construction accident cases so that we may give you (the client) the substantial personal attention neccessary 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 construction accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible party!

 

 

 

 


Million Dollar Advocates Forum American Association of Justice Orange County Bar Association - California Consumer Attorneys of California Multi-Million Dollar Advocates Forum

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.