Biker hit, killed by vehicle
The Kern County Sheriff’s Department Coroner Section identified a man who was hit and killed by a vehicle Tuesday night as Carlos Orellana.
Orellana, 48, of Bakersfield was riding his bicycle on Niles Street when he was struck by a vehicle at 7:42 p.m., the coroner’s news release said. He was taken to Kern Medical Center where he died from his injuries at 8:06 p.m.
Bicycles have as much right to be on the road as other vehicles. When automobile drivers violate the rights of a bicyclist, serious injuries and death can occur.
When you suffer serious/traumatic injuries or a loved one’s death, you are entitled to compensation (medical bills, funeral costs, lost wages, future wages and pain and suffering). The Law Offices of Gary A Kessler will aggressively represent you and fight for your rights against the insurance companies for the monetary damages you deserve.
The laws regarding pedestrian and bicycle accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced pedestrian and bicycle accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.
The 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 neccessary to obtain a successful result for your case.
Oregon toddler dies after falling into washing machine
HILLSBORO, Ore. — An 18-month-old Hillsboro boy has died after falling into a washing machine Friday morning, police said.
Medical crews responded to the call Friday morning of a child stuck in a washing machine and was unresponsive, according to Lt. Michael Rouches of the Hillsboro Police Dept. He said due to the odd circumstances of the accident, police were also called to the scene.
Investigators said the boy apparently climbed onto a tub in front of the top-loading washing machine. He then climbed on top of the washer, lost his balance and fell inside.
His mother told police she was in the living room, less than 25 feet away from the laundry room, and had just sat down to read a magazine. When she realized she had not heard from her son for a short while, she went to check on him and found him wedged into the washer.
She enlisted the help of a neighbor, who runs a day care, to get the boy out of the machine and perform CPR on him, Rouches said. His pulse had returned and he was breathing when medical responders put him in an ambulance, but he was still unresponsive.
He was taken to Tuality Hospital, then moved to Oregon Health and Science University. He remained in critical condition until was taken off of life support Saturday evening.
While the machine can reportedly operate with its lid open, Rouches did not say whether it was in operation when the boy fell in.
Products Liability
There have been three child fatalities involving washing machines since 2004, which involved top-loading machines.
You are entitled to file a products liability claim if you suffered injuries because a manufacturer made a product that was defective or malfunctioned. If your son or daughter is a minor, you can also file a products liability case involving injuries to minors on his or her behalf.
For several decades, the Law Offices of Gary A Kessler has represented those who have been seriously injured. Through experience and education, our firm is able to expertly evaluate medical injuries and persue personal injury claims on behalf of the injured plaintiff. The Law Offices of Gary A Kessler provides sophisticated legal services for almost any type of injury.
22,000 deaths and 29.5 million injuries are associated with consumer products under the U.S. Consumer Product Safety Commission’s jurisdiction. The injuries, deaths and associated property damage from defective products cost the American public over $500 billion annually.
The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year. Numerous products that are recalled because of defects or dangerous conditions include automobiles, tires, furniture, boats, planes, household appliances, tools and safety equipment such as smoke detectors and fire alarms. These products are designed for our safe use, when they fail because of defects they can cause serious injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and death.
While there is no federal product liability law, there are state laws, such as in California, Nevada, Oregon, Washington, Pennsylvania and D.C. designed to prevent harm and provide compensation for damages or injuries caused due to a defective product.
Man hit by Muni bus dies
San Francisco — A man was hit by a Muni bus and later died Sunday morning, after witnesses saw him walk into the street from between two parked cars, San Francisco police said.
The man, who has not been identified, was struck by a 21 Hayes bus near Fillmore Street at about 10:45 a.m., police said. He was taken to San Francisco General Hospital, where he was pronounced dead at 11:15 a.m.
The accident is under investigation. The bus driver has been placed on non-driving status pending the results of the investigation, said Muni spokesman Paul Rose.
Bus accidents and serious injury liability
If you have been injured on a Bus, MTA (bus), Caltrans, BART (bus) or Muni Bus system or runover by a bus, MTA (bus), Caltrans, BART (bus) or Muni Bus, you have a very limited time to pursue legal action. By representing wrongful death and seriously injured accident victims and their families injured on or due to being run over or into by public transportation, we have a wealth of experience and knowledge to obtain the outstanding results you deserve for your damages. The Law Offices of Gary A Kessler has the proven track record.
Accidents involving buses are often severe and many times fatal (death). Whether the bus collision involves a car, truck or pedestrian the damage sustained by the victim(s) is likely to result in death. Did you know that a “bus driver” owes you the passenger the highest level of care, because he is a “common carrier” who is directly responsible for your safety.
The California bus accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with serious injuries associated with a bus accident. Such bus accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A Kessler carefully selects its wrongful death and bus accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your bus accident case.
Toddler killed after pickup truck strikes family sitting on bus bench in El Monte
EL MONTE – An 18-month-old girl died and her grandmother and 12-year-old uncle were injured Saturday after they were struck by a car while sitting at a bus stop, authorities said.
The toddler’s name was not released Sunday pending confirmation that her family had been notified, Los Angeles County Department of Coroner Lt. Cheryl MacWillie said.
The crash took place just after 2 p.m. as a 36-year-old El Monte woman was sitting with her 18-month-old granddaughter and 12-year-old son on a bus stop bench at Valley Boulevard and Mountain View Road, El Monte police Lt. Richard Cano said.
A 59-year-old El Monte man tried to park his 1999 GMC pickup truck in the parking lot of a nearby Walgreens, officials said.
“For an unknown reason, the vehicle accelerated, jumped the curb and struck a bus bench occupied by the victims, coming to a rest against an Edison pole and guide wire,” according to Motor Officer Ryan Abbott.
The toddler died from her injures at an area hospital, police said. Her her grandmother remained hospitalized in critical condition Sunday, and the woman’s 12-year-old son was listed in stable condition.
The driver of the pickup truck remained at the scene and cooperated with investigators, Cano said, and no crime was initially suspected.
Cause of the El Monte Crash
If news accounts of this incident are accurate, the 59 year old driver is likely responsible for the incident. While this devastating Los Angeles 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 Los Angeles 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.
The official cause of the fatal accident has not been determined. The crash is being investigated by the El Monte Police Department’s Traffic Safety Bureau.
2-year-old hurt in Oxnard pit bull attack
OXNARD, Calif. — Authorities say a pit bull attack in Ventura County has left a 2-year-old boy with major facial injuries.
The Ventura Star says the boy was at a friend’s house in Oxnard Sunday afternoon and had food in his hand when the dog attacked him.
Police Cmdr. Ron Whitney says the dog’s owner threw it out of the house. It ran away and hasn’t been found.
Authorities say the boy suffered facial injuries but they are not life-threatening.
The dog’s owner was cited for animal control violations.
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.
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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Motorcyclist killed in Saturday collison in Palm Springs identified
A motorcyclist killed in a collision with a Chevrolet Avalanche at a Palm Springs intersection Saturday night has been identified as Jon Ely, 48, of Palm Desert.
The accident occurred about 8:30 p.m. at Indian Canyon and Tachevah drives.
Palm Springs police said Ely was driving a 2003 Harley Davidson northbound on North Indian Canyon Drive when the driver of a 2008 Chevrolet Avalanche made a left turn in front of him.
Police said Ely died at the scene. The male truck driver, whose name was not released, received minor injuries.
There was no indication that alcohol was a factor, police said, adding that the driver of the Avalanche cooperated with investigators at the scene of the crash.
Motorcycle Accident Wrongful Death Liability
If the investigation determines that the driver of the other vehicle is responsible for causing this crash, by failing to yield to the right-of-way of the motorcyclist, the driver may be liable for the victim’s wrongful death. Compensation recovered in a Palm Springs motorcycle accident wrongful death claim may include damages for medical care, lost earnings, pain and suffering, and other damages. Following a wrongful death accident such as this one, the victim or his family would be well-advised to contact a Palm Springs wrongful death lawyer for a free consultation. A skilled attorney can review the accident report, and advise the victim and his family of their best course of action following this accident.
The Palm Springs 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.
Fresno woman killed in early-morning crash
A woman killed in a head-on collision early this morning northeast of Fresno has been identified.
Diana Ortiz, 39, of Fresno died in the crash on Auberry Road north of Copper Avenue, the Fresno County Coroner’s Office said.
The crash happened about 6:15 a.m. on Auberry Road north of Copper Avenue.
A northbound 1992 Chevrolet pickup driven by Taft H. Gaines III, 20, of Auberry drifted across the double yellow center line, colliding with a 2006 Toyota Scion traveling south, the CHP said.
The Toyota’s driver died in the crash.
Gaines was taken to Clovis Community Hospital with minor injuries.
After the crash with the Chevrolet pickup, the Toyota spun and collided with a 2002 Ford pickup, which was following the Toyota. The driver of the Ford, Juan N. Guzman, 59, of Sanger, was not injured.
Fresno Accident Wrongful Death Liability
While the accident on March 24th remains under investigation, the family members of the victims would be well-advised to seek immediate consultation from a Fresno 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.
Truck driver killed in Chino
A 34-year-old North Carolina truck driver was killed as he attempted to unload his cargo in Chino Thursday.
Vays Dzhanayez, was delivering a load of 20-foot-long fiberglass beams to “Harrington Plastic” in Chino when the incident occurred, according to a news release from the San Bernardino County Coroner’s office.
Dzhanayez was removing straps from a 460 pound cargo when the forklift driver picked up the load and caused it to shift. The load hit Dzhanayez on the head and knocked him down. The load of beams then landed on his chest, according to the release.
Dzhanayez was taken to Chino Valley Medical Center Emergency Room where he was pronounced dead at 8:57 AM. The Chino Police Department and the District Attorney’s office are investigating.
Injured in a forklift accident?
Forklift trucks have proved to be an invaluable part of reducing worker load by assisting in the transport of materials across the workplace. The use of forklifts has helped reduce common musculoskeletal injuries that are caused by repetitive lifting and carrying activities. Unfortunately, improperly maintained or operated forklifts cause a large number of accidents in the workplace. According to OSHA estimates, approximately 680,400 forklift accidents take place each year. These result in injuries to approximately 9,000 employees, most of whom are pedestrian workers. Some common forklift accidents include, but are not limited to, the following:
- Employees struck by falling load
- Employees struck by powered forklifts
- Forklift tip over
- Electrocutions
- Falls from forklift
If you were involved in a forklift accident, you simply do not have the luxury of taking your time. You will likely need immediate medical attention followed by swift legal action. For help in approaching the claim process and ensuring that your rights are protected to the full extent of the law, do not hesitate to talk to an industrial accident attorney from our legal team as soon as possible. At the Law Offices of Gary A. Kessler, we have shown that we can trusted in even the most complex of litigation. Should you choose to work with us, you will be able to rest easier knowing that you will have an advocate on your side that is fully prepared to go the distance in their efforts to defend your legal rights.
Neighbors Say Rotting Staircase Killed SF Woman
SAN FRANCISCO (CBS 5) — The San Francisco District Attorney’s office has launched a formal investigation into conditions at an upscale Nob Hill apartment building where a woman recently fell to her death through an apparent rotted staircase.
“That (death) is pretty shocking,” Ed Sweeney, an inspector with the San Francisco Building & Inspection Department, told CBS 5. His agency is also conducting a probe into the circumstances surrounding the fall that claimed the life last weekend of 62-year-old Rory Moore.
Moore was walking down the outside steps from her apartment in the four-story building when she fell through the staircase, fracturing her ribs and lacerating her liver and kidneys; she later died from internal bleeding.
Residents in the building at 1430 Taylor Street, where rents average from $3,000 to $4,000 a month, said that Moore was the third person in as many years to fall through the steps — which appeared to be suffering from dry rot. The tenants contend the rotting staircase was never replaced despite their complaints about the prior falls; the other victims survived.
The management company for the Lembi family, which owns the building, refused to comment on the allegations of negligence. Inspectors indicated the landlord has been cited previously for numerous code violations at their properties in the city and have been he subject of lawsuits.
“Multiple cases against the Lembi family are still pending,” Sweeney said.
Premises liability and wrongful death
Pedestrian killed by sheriff’s car
Annamaria Victoria Loza is dead after a fatal crash involving a San Bernardino County Sheriff patrol unit on Twentynine Palms Highway
Officials say that the cruiser was travelling westbound just past Valley View St on Tuesday, March 19 when it struck Loza as she was running across the road.
Loza was pronounced dead on scene and an autopsy will be performed to figure out the exact cause of death.
CHP continues to investigate the accident.
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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