Pedestrian Accidents

Hit-run driver kills Hemet man

A Hemet man was killed by a hit-and-run driver Wednesday morning, March 13, while crossing Highway 74 at the Highway 79 intersection in Green Acres west of Hemet.

The victim was identified as Thomas Fletcher Jr., 65, by the Riverside County coroner’s office.

He was crossing the highway walking toward an AM-PM market at 5:20 a.m. when he was struck by a silver vehicle driving westbound in the fast lane of Highway 74, according to a California Highway Patrol news release. The driver did not stop.

Pedestrian Accident Wrongful Death Liability

Following a major pedestrian accident, the victim or family members of the victim would be well-advised to contact a skilled wrongful death attorney such as Gary A. Kessler, An attorney who has the experience in hit-and-run accidents, can protect the victim’s legal rights and help police in efforts locate the driver.

In the event the driver cannot be located, The Law Offices of Gary A. Kessler, can help recover compensation for the victim through his insurance, if he has one. Compensation in a civil claim can include medical care expenses, lost earnings, pain and suffering, or other related damages.

Seeking immediate counsel from an experienced Riverside County automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims family would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to.

Attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with the loss of a loved one.  The Law Offices of Gary A Kessler, carefully selects its personal injury cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your wrongful death case.

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

If you or a family member sustained catastrophic injuries you need to contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.  The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.

 

 

Two Pedestrians Fatally Struck on a Sidewalk

Rick Crowell, 65, and Sharon Crowell, 61, were hit by a car on Eastwood on Tuesday morning. Sharon was found beneath the wreckage and was declared dead on the scene by paramedics. Rick was transported to a hospital but died a short time later, officials said.

Authorities said a 17-year-old on his way to school veered onto a walkway lined with bushes. His car struck the couple before coming to a stop against a retaining wall and a tree. He stayed on the scene and cooperated with police after the crash. There are no charges pending against the boy, the Irvine Police Department said.

Several people at the vigil said the boy was a Northwood High School student on his way to school. He wasn’t at school the day after the crash, said M’Lis Fox, whose daughter goes to school with the boy. High school students at the vigil said Advanced Placement testing was scheduled for the day of the fatal crash.

A week long fundraiser for the couple’s family will be held starting Monday at Northwood Pizza. A percentage of the proceeds will go to the family, which plans to use it for a memorial near where the couple was killed.

Cause of the Irvine Crash

While this devastating Orange County accident remains under investigation, the family members of those accident victims who were fatally injured would be well-advised to speak with an understanding and knowledgeable Orange  County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death 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.

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.

 

 

Pedestrian hit by truck in East Village

A 20-year-old pedestrian suffered life-threatening injuries Wednesday when a truck struck her at a busy East Village intersection, authorities reported.

The woman was walking in a crosswalk on 10th Avenue at about 8:15 a.m. when the red Dodge pickup hit her as the driver was making left turn from 10th Avenue, according to San Diego police.

She was briefly trapped under the vehicle and sustained a fractured pelvis and other trauma, SDPD Sgt. Ray Battrick said. She was taken to UCSD Medical Center in critical condition.

Authorities closed the street crossing to allow access for emergency vehicles and follow-up investigation. The roadways were open again shortly before 10:30 a.m., though traffic remained heavy in the area.

The motorist, a man in his 30s, stopped after the crash and cooperated with police. Intoxication was not believed to have been a factor in the incident, according to Battrick.

Cause of the San Diego Crash 

This remains an ongoing investigation by the San Diego Police Department. While this devastating San Diego County accident remains under investigation, the family members of the accident victim who was seriously injured would be well-advised to speak with an understanding and knowledgeable personal injury  lawyer. An attorney such as Gary A. Kessler who has successfully handled personal 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.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 

Pedestrian struck by car in Pacific Beach dies

Agustin R. Martinez was a 57-year-old male who resided in San Diego. On the evening of 2/16/2013, he was crossing a street in the Pacific Beach area and was struck by a vehicle.

Agustin R. Martinez was struck as he crossed Mission Bay Drive at Damon Drive at about 10:20 p.m. on Saturday, according to the San Diego County Medical Examiner’s Office.

Martinez was taken to Scripps Memorial Hospital La Jolla where he was diagnosed with multiple injuries and later pronounced brain dead. He died at 8:40 p.m. on Sunday, according to the Medical Examiner’s Office.

A 54-year-old woman, driving a 2006 Volkswagen Beetle, was arrested on suspicion of drunken driving following the crash, according to San Diego police Officer David Stafford. The woman’s 13-year-old son was a passenger, according to Stafford.

Cause of the Pacific Beach Crash

While this devastating San Diego 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  San Diego County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a personal injury claim.

Alcohol  impaired driving accidents and wrongful death liability

Driving under the impairment of alcohol or drugs is a conscious choice, and drivers who choose to drive under the influence may face both criminal consequences for their actions, and civil liability for wrongful death or personal injury. While this accident remains under investigation, the family members of the  victim may benefit from speaking to an experienced and knowledgeable Orange County DUI accident victim attorney. A skilled attorney who has represented numerous victims of alcohol related conditions can advise the victims’ families of their legal rights and best course of action to hold the driver accountable to the maximum legal extent.
The laws regarding wrongful death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced personal injury lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

Woman Killed In Lakeland Village Identified

The Lakeland Village woman who died Thursday morning after getting hit by a car has been identified by the Riverside County Coroner’s Office.

Trisha Aragon, 43, was pronounced dead at the scene after she was struck by a maroon Chrysler 300 at 5:30 a.m. near 19375 Grand Avenue.

According to witnesses, moments before the deadly collision Aragon had been trying to capture her Miniature horse that had escaped, said California Highway Patrol Officer G. Velasco.

The horse ran out toward the street but with the help of witnesses Aragon was able to temporarily corral the animal, Velasco said.

“At some point the victim backed onto the road,” the officer continued. Shortly thereafter, she was hit by a female motorist traveling southbound on Grand Avenue, Velasco said.

Drugs or alcohol did not play a factor, Velasco confirmed.

The officer said the deceased was married with children.

The brown and white pinto Miniature horse was captured approximately two hours and brought to safety.

Cause of the Temecula Crash 

This remains an ongoing investigation by the California Highway Patrol. While this devastating Riverside County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death  lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 

 

 

3 pedestrians killed in Anaheim Drunk Driving Crash

A man suspected of driving drunk is under arrest after a mother, daughter and another family member were struck by a car and killed while out walking late Saturday night.

Buena Park resident Anthony Lewis Sanchez, 40, is under arrest on suspicion of driving under the influence and vehicular manslaughter after the women were hit in the 100 block of South Western Avenue, near Lincoln Avenue, around 11 p.m. Saturday, police Sgt. Bob Dunn said.

Anaheim residents Carmen Mendoza, 56, and her daughter Sheyla Mendoza, 21, were walking in the street with 21-year-old Stephanie Henriquez (niece and cousin to the pair, respectively) when they were struck and killed, officials said. The elder Mendoza and Henriquez died at the hospital while Sheyla Mendoza died at the scene.

Sanchez was driving a red Honda Civic with a female passenger in the car when he hit three women, according to Anaheim police’s Dunn. Sanchez and the passenger were taken to a hospital with non-life-threatening facial injuries.

Cause of the Anaheim Crash

While this devastating Orange 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  Orange County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a personal injury claim.

Alcohol  impaired driving accidents and wrongful death liability

Driving under the impairment of alcohol or drugs is a conscious choice, and drivers who choose to drive under the influence may face both criminal consequences for their actions, and civil liability for wrongful death or personal injury. While this accident remains under investigation, the family members of the  victim may benefit from speaking to an experienced and knowledgeable Orange County DUI accident victim attorney. A skilled attorney who has represented numerous victims of alcohol related conditions can advise the victims’ families of their legal rights and best course of action to hold the driver accountable to the maximum legal extent.
The laws regarding wrongful death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced personal injury lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

Skateboarder, 18, killed in hit-and-run

 

On February 7, 2013, at about 10:41 pm, officers from the Perris Police Department were dispatched to the 2600 block of Redlands in the city of Perris, reference a fatal traffic collision call.

Deputies arrived within minutes and located the traffic collision on Redlands just south of Placentia. The Perris Sheriff’s Station Traffic Reconstruction Team responded and assumed the investigation.

The preliminary investigation revealed a 18-year-old male was riding his skateboard northbound on Redlands when he was struck by an unidentified truck also traveling northbound on Redlands. The vehicle was identified only as a white, gray or black truck. The driver failed to stop and render aid after the collision occurred and has not been identified. The truck will have damage to the front grill and possibly right front fender.

The identity of the pedestrian is withheld pending notification of next of kin.

This investigation is continuing and the Department is asking anyone that may have witnessed this collision to contact Deputy Osterloh of the Perris Police Department Traffic Division at (951) 210-1000.

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 San Bernardino County automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims family would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to.

Attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with the loss of a loved one.  The Law Offices of Gary A Kessler, carefully selects its personal injury cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your wrongful death case.

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

If you or a family member sustained catastrophic injuries you need to contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.  The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.

 

 

Sacramento woman killed by SUV while attending vigil

The woman who died Monday evening after she was struck by a vehicle while attending a vigil at the site of a fatal Sunday morning crash was identified by the Sacramento County Coroner’s Office.

Kathryn O’Farrell, 79, died after being struck by an SUV driving westbound as she crossed the 100 block of El Camino Avenue, police said.

O’Farrell was bringing flowers to a vigil for a man who died in a two vehicle accident on the same block of El Camino Avenue Sunday morning, police said.

Cause of the Scramento Crash 

This remains an ongoing investigation by the Sacramento Police Department. While this devastating Sacramento County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death  lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 

 

 

Nanny Dies, Toddler Injured After SUV Strikes Stroller

Monserrat Mendez was a 41-year-old single Hispanic female who resided in an apartment in San Diego. She worked as a nanny for a local family. On 02/01/13, the decedent was walking with a baby in a stroller along Camino Del Sur, in the city of San Diego. She entered the intersection at Via Verrazano and Camino del Sur with the stroller and was struck in the crosswalk by a vehicle which failed to stop for the red light. She was transported to the hospital where her death was pronounced.

The 13-month-old boy was transported to Rady Children’s Hospital with critical injuries.

The boy’s mother told NBC 7 San Diego that the boy is in the Intensive Care Unit and could get surgery. He has a shattered spleen, pelvic fracture, broken rib and a skull fracture. She said the boy is turning 14 months on Saturday and the family is shocked by this accident.

Cause of the San Diego Crash 

This remains an ongoing investigation by the San Diego Police Department. While this devastating San Diego County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death  lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 

 

Woman, 74, killed crossing Holt Boulevard in Ontario

A 74-year-old woman was killed crossing Holt Boulevard in Ontario when she was struck by a 2012 Jeep Wrangler, the San Bernardino County coroner reported on Thursday, January 31.

Maximina Leyva, of Ontario, was struck at 6:25 p.m. Wednesday near Miramonte Avenue.

Leyva was transported to Arrowhead Regional Medical Center where she later succumbed to her injuries at 9:30 PM. The Ontario Police Department is investigating the incident.

Cause of the Ontario Crash 

This remains an ongoing investigation by the Ontario Police Department. While this devastating San Bernardino County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death  lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 

 


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.