Serious Injuries

Girl, 3, Killed When SUV Hits Bus Stop in Orange

A 3-year-old girl was killed when a small SUV crashed into a bus bench where her family was waiting in Orange on Saturday afternoon, authorities said.

The girl’s father was left in critical condition after the 3:30 p.m. collision.

The crash happened at East Taft Avenue and North Tustin Street , according  to Orange police Sgt. Fred Lopez.

The driver of the SUV, which was traveling southbound on Tustin Street, said he swerved to avoid hitting a car that cut him off, passing into northbound lanes, where he swerved again to avoid oncoming traffic, Lopez said.

“He drove his vehicle onto the curb, strking a bus bench,” Lopez said. “Unfortunately, when he struck the bus bench, there was a mother, father and their 3-year-old daughter, who was in a stroller.”

The Orange Fire Department responded, taking the father and daughter to a local hospital, where the young girl was pronounced dead on arrival. The father was placed in a medical induced coma but is expected to survive, Lopez said.

The mother was uninjured.

The driver of the vehicle, a white Kia Soul, was a 29-year-old man who was traveling with his 5-year-old son. Neither were injured, Lopez said.

The driver was cooperating with authorities and had not been charged with anything, Lopez said. He submitted to a blood test.

Authorities do not think alcohol was a factor, Lopez said.

Investigators are expected to be on scene into early Sunday.

Cause of the Orange Crash

If news accounts of this incident are accurate, the SUV driver  is likely responsible for the incident. 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 OrangeCounty 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.

Automobile Collisions and Wrongful Death Liability

While the accident remains under investigation, the   family members of the victim would be well-advised to seek immediate consultation from a personal injury 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.

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.

 

 

Inland Empire man injured in transformer explosion

A man was critically injured when an electrical transformer blew up and severed a power line in Mira Loma on Thursday afternoon, fire officials reported

A helicopter flew the burn victim to an area hospital after the explosion, which was reported near Ridge-view Avenue and 58th Street at 4:27 p.m., a Cal Fire/Riverside County fire news release stated.

Riverside County sheriff’s deputies closed roads for a two block radius around the blast site while Southern California Edison workers make repairs.

Beyond Workers’ Comp

Many injured  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 job site injury claims may reveal other sources of financial compensation.  If an employee of another subcontractor was responsible for the faulty equipment 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.

Fires and explosions are sudden and devastating, destroying homes and buildings, and causing physical injuries and death.  Burn injuries are painful and disfiguring, and require long recovery periods.  Smoke inhalation, and inhalation of toxic fumes and gases from flammable fabrics and furniture stuffed with polyurethane foam, cause added injury and increase the likelihood of death.

Determining the cause of a fire or explosion requires extensive experience and thorough investigation involving engineering, electrical, and gas line experts as well as fire scene experts.  The Law Offices of Gary A Kessler has the experience and the resources to effectively prepare and litigate cases on behalf of plaintiffs and family members injured or killed in fires and explosions.

The Law Offices of Gary A Kessler regularly represent plaintiffs in cases of catastrophic injury and wrongful death in fires and explosions caused or exacerbated by unsafe premises, unsafe construction sites, and unsafe products.

Faulty electrical wiring and furnaces, gas leaks, malfunctioning or absent smoke detectors, inaccessible or inadequate escape routes, the presence of flammable fabrics and furniture, and the presence of dried vegetation that can fuel wild and urban interface fires are all examples of sources of liability for property owners or product manufacturers.

Determining the cause of a fire or explosion requires extensive experience and thorough investigation involving engineering, electrical, and gas line experts as well as fire scene experts.  The Law Offices of Gary A Kessler has the experience and the resources to effectively prepare and litigate cases on behalf of plaintiffs and family members injured or killed in fires and explosions.

With over 25 years of experience, Gary A Kessler has earned the respect of our colleagues and the courts in California and nationwide for our personal injury work.  We have achieved a winning record on behalf of our clients, and we are proud of our successful cases that lead to safety improvements through strengthened laws and product recall.

If you or a loved one has suffered a serious injury or lost a loved one in a fire, we encourage you to contact the Law Offices of Gary A Kessler today for a free consultation.

 

 

 

 

 

 

 

Pit Bulls Maul Elderly Man

A 70-year-old Fresno man is resting at home with more than 40 stitches on his arms and hands after two pit bulls attacked him.

70-year-old David Loy is thankful to be alive.

David Loy says, “I have 40 stitches in my body… 28 in this one and 12 in this one.”

Friday afternoon, Loy was walking to the store.

He was just a half block from his home, when two pit bulls jumped out of a yard.

David Loy says, “I had one hanging on my arm while I was trying to swing the other one off. One had my hand and just ripped it to pieces. I ended up getting 40 stitches for people being careless with their animals.”

Fidencio Ibarra heard the screams.

He risked his own life to save the man.

Marina Ibarra says, “My dad he just got a stick, because he’s a landscaper and used one of the sticks to save the guy.”

Loy is thankful for his help.

David Loy says, “If it wasn’t for you I’d be dead by now.”

Police say officers arrived and then the pit bulls started going after them.

Officers shot one of the dogs five times with bean bag rounds, and shocked it with their stun guns just to stop it.

The owner of the pit bulls says his dogs got out through a hole in the fence.

The dogs’ owner, Eric Hamed says, “I feel so sorry for the man that got bit. I didn’t know my dogs were like that.”

However, Fresno police say they’ve been called out to the home before because of the dogs.

Neighbors agree and say they have attacked before.

Neighbor Maria Venegas says, “They have a history, they attacked my neighbor’s dog, and they attacked the dog behind they broke the fence in the back, and they attacked the dog that lives behind too.

Loy has this message for the dogs’ owner.

David Loy says, “If you have a vicious dog out there, vicious dogs, keep them locked up or keep them on a chain.”

Victim of a Dangerous Dog Bite? Our Law Firm Can Help

If you’ve been injured by a dangerous dog, you already know about the frustrations caused by dog bite injuries. Medical bills, lost wages, and other expenses pile up fast. On top of all this, you need time to focus on your physical and emotional recovery.

Don’t let your dog bite injuries get the best of you. The sooner you contact our dog bite law firm, the sooner you can focus all your energy on your successful recovery while we handle the hassles of the legal system.Get in touch with us today by taking advantage of our free legal evaluation.

Dog Attacks and personal injury liability

CALIFORNIA DOG BITE STATUTE SECTION 3342

Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite.  One bite alone is sufficient for liability.  Dog owners do not get a second chance in California.  They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously.  Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:

  • Defendant owned the dog;
  • The dog bit the Plaintiff;
  • The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occurred; and
  • Plaintiff sustained injuries from the dog bite.

What You Should Do If You Or A Loved One Has Been Bitten By A Dog:

  • Take pictures of your injuries immediately;
  • Consult law enforcement and request that a police report be made;
  • Keep copies of all medical bills and records;
  • Continue to take pictures of the bite(s) as the wounds heal;
  • Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
  • If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.

WE WILL FIGHT FOR YOU!

Demand accountability from dog owners.  Settling dog bite claims can be difficult and complex.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case.  We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies.  We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial.  Are the other law firms you are considering willing to front all costs?

In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict  of what we recover for our attorney’s fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorney’s fees or costs are owed to our firm.  Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.

Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!

If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.

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 Dog Bite Statistics

  • There were 31 fatal dog attacks in theUnited Statesin 2011, according to DogsBite.org.
  • Over half of the attacks occurred to adults ages 21 and older, while 42% occurred to children 11 years and younger. Of the children killed in dog attacks, 68% occurred to children ages 1 and under.
  • Twelve of the fatal dog attacks involved more than one dog, and two of the attacks involved tethered dogs.
  • Family dogs made up 65% of the fatal attacks. Nearly three-quarters (74%) of the attacks occurred on the dog owner’s property.
  • Pitt Bulls accounted for 71% of the attacks. However, Pit Bulls make up less than 5% of the totalU.S.dog population.
  • There were more than twice as many adult fatal dog bite victims as child victims in 2011. Still, seven children ages 5 and younger died after being attacked by a Pit Bull.
  • Seven Pit Bulls killed their primary caretaker or owner.
  • Rottweilers were the second-most lethal dog breed. Four people were killed by this type of dog in 2011.
  • Between the years of 2005 and 2011, Pit Bulls killed about one person every 20 days. Rottweilers killed about one person every 88 days.
  • The states that had the most fatal dog attacks in 2011 wereCaliforniaandTexas. Other states with deaths includedNorth Carolina,Virginia,New Mexico, andSouth Carolina.

Child Dog Bite Statistics

  • Of the 4.5+ million people injured annually in dog bites and attacks, children make up 60% of these victims.
  • Children ages 5-9 are the most commonly injured, according to the American Veterinary Medical Association.
  • About 30% of children’s dog bites come from family dogs.
  • About half of children’s dog bites come from a neighbor’s dog.

Dangerous Dog Breed Statistics

Analyzing a sampling of press accounts fromCanadaand theUSAduring 1982-2007, researchers pinpointed the dog breeds that are most likely to cause death or serious injury. This research study concluded that, unlike any other breed of dog, Pitbulls attacked adults almost as often as they attacked children. The researchers found that Pit Bulls, Rottweilers, and Wolf-Dog Hybrids combined to account for:

  • 77% of attacks that caused bodily harm to the injured dog bite victims.
  • 73% of attacks that harmed children.
  • 83% of attacks that injured adults.
  • 70% of attacks that resulted in death.
  • 77% of attacks that maimed the dog attack victims.

Another study looked at data obtained from incidents where victims were mauled by dogs during 1982-2006 and found that Pit Bulls, Rottweilers, Perro de Presa Canario, and their mixes caused 65% of the dog bite deaths during that time period in theUnited States.

Some sources claim that the six types of dogs commonly identified as the most dangerous or vicious dog breeds are Akitas, Chow-Chows, Doberman Pinschers, Pit Bulls, Rottweilers, and Wolf-Dog Hybrids.

Another study looked at a selection of 88 dog attacks from 2006-2008 in theUnited States, with results ranging from recoverable injuries to death. Of those incidents, it was found that:

  • Pit Bulls, Rottweilers, and American Bulldogs were responsible for 77% of all deaths.
  • Pit Bulls were responsible for 59% of all deaths.
  • Pit Bulls killed more adults than children.

Dog Bite Victim Statistics

  • Out of the almost five million people bitten by dogs every year in theUnited States, close to 900,000 require medical attention. Nearly 400,000 of those people are seriously injured by dog bites.
  • Over 31,000 people underwent reconstructive surgery in 2006 due to dog attacks.
  • People are most often harmed by dogs that they live with. As the number of dogs kept in the home increases, so does the risk of dog bites. Adults living with two or more dogs are five times more likely to be bitten by a dog than those without dogs at home.
  • Adult males are more likely to be bitten by a dog than adult females.
  • Some studies have found that, among all ages of children, the rate of dog bite accidents is highest for those between the ages of 5-9.
  • Children are more likely than adults to require medical attention for their dog bite injuries.
  • In theUS, the most frequent victims of dog bite attacks are:
  1. Children
  2. The Elderly
  3. Postal Service Carriers
  • Dog bite victims account for as much as 5% of all emergency room visits in theUnited States.

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Fatal crash in Long Beach; 3 dead

Three people were killed in Long Beach near a 405 Freeway overpass after the driver of a Dodge Ram lost control on the wet pavement.

 

It happened around 6:22 p.m. Saturday on Redondo Boulevard after heavy rainfall caused water to build up quickly on the roadways, making them very slick.

Police say the driver, identified as Mark Martineau, 36, of Seal Beach, was driving northbound on Redondo Avenue when he tried to change lanes. During this maneuver, investigators believe Martineau lost control of his 2005 Dodge Ram 1500 truck’s steering as a result of excessive speed for the rainy conditions, spun out, and hit the concrete support pillar for the 405 Freeway overpass.

Martineau was pronounced dead at the scene. The rear passenger who was not wearing his seat belt, identified as Richard McAleavey, 54, of Long Beach, was also pronounced dead at the scene. A third passenger, identified as Terrence Harris, 36, of Long Beach, was transported to a local hospital in critical condition. He later succumbed to his injuries.

Cause of the Los Angeles  County Crash

As a passenger, the deceased likely could have done nothing to prevent this fatal  collision that ultimately took his life. The California Highway Patrol  will surely look at the speed of the vehicle, witness reports, and other factors to determine what occurred and who was responsible. Collisions such as this one can have countless causes, including unsafe passing maneuvers, swerving to avoid an object in the road, falling asleep at the wheel, driving under the influence, or driver distraction.

Automobile Collisions and Wrongful Death Liability

While the accident on November 17 remains under investigation, the   family members of the victim would be well-advised to seek immediate consultation from a personal injury 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.

 

4 injured in crash on Highway 101 interchange

Four people were injured Monday afternoon after a crash on the interchange of highways 101 and 33 in Ventura, officials said.

The multiple-vehicle crash occurred about 12:35 p.m. on the southbound side of the highway, according to the California Highway Patrol.

While emergency personnel were en route, they received a report that someone was trapped in a burning vehicle.

Firefighters had to extricate the driver of one of the two vehicles that were heavily damaged in the collision.

The three people in the vehicle received minor injuries and were out of the vehicle by the time firefighters arrived.

Investigators think the crash was caused by a vehicle that entered the 101 the wrong way. That vehicle ran head-on into a second one, authorities said.

All of the victims were taken to Ventura County Medical Center.

All lanes of the highway were blocked after the crash but were reopened about two hours later, the CHP said.

 

Automobile Collisions and Personal Injury Liability

While the accident on November 12 remains under investigation, the  family members of the victims would be well-advised to seek immediate consultation from an experienced personal injury 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 personal injury 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 personal injury claims.

The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s personal injury 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 liability 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.

4 killed, 7 injured in crash on I-5 crash in Elk Grove

Four people were killed in a violent, head-on crash this afternoon on northbound Interstate 5 in Elk Grove, emergency officials said.

Tracey Hansen, chief of the Cosumnes Fire Department, confirmed the four fatalities and said seven others were injured in the wreck.

The injured were taken to UC Davis Medical Center in Sacramento, Kaiser South, Sutter General and Methodist Hospital, all in critical but stable condition.

Names of those killed in the crash have not yet been released.

Northbound lanes of I-5 near the crash site remain shut down as emergency officials continue to clean up the scene and investigate further.

Hansen said emergency crews were dispatched to the crash site about a half mile north of Hood Franklin Road at 3:41 p.m.

Investigating officials there said a 2004 Ford Expedition, a large sport-utility vehicle that comes with three rows of seating, was southbound on I-5 when it veered out of control for an as-yet unknown reason and crossed the center divider, colliding head-on with a 2012 Honda Accord heading north.

Both vehicles rolled over, and people were ejected from both cars.

Officials said the Ford had nine occupants, including a driver and two passengers who were killed and six others who were taken to hospitals.

The Honda Accord had two occupants. Officials said the male driver of the Honda was killed, and a female passenger believed to be 50 to 60 years old was taken to a hospital.

Another vehicle, a Toyota RAV4 towing a boat, was involved in the crash, but no injuries were reported in that SUV.

Officials said the closed lanes of I-5 – shut down at Twin Cities Road – are expected to remain closed until late tonight or very early tomorrow morning.

Northbound traffic is being detoured east to Franklin Boulevard or Highway 99. Motorists wanting to re-enter I-5 northbound can do so via Elk Grove Boulevard.

 

Automobile Collisions and Wrongful Death Liability

While the accident on November 4 remains under investigation, the  family members of the victims would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.

The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States.  Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty years dedicated and committed to obtaining the best results for his clients in each and every case.  Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.

The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California.  Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability 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.

 

Crash with Victorville sheriff’s vehicle injures four children

Four children were injured Halloween night after the vehicle they were traveling in was involved in a crash with a Victorville Sheriff’s patrol unit, San Bernardino County Sheriff’s officials said Thursday, and some witnesses say the patrol unit did not have its lights and siren on when the collision took place.

Initial information from the sheriff’s department does not indicate the unit had its lights on, but officials couldn’t immediately comment if the deputy ran a red light leading to the crash.

The children were airlifted to Loma Linda University Medical Center with moderate injuries and two others were taken to local hospitals following the crash which took place in the intersection of Bear Valley Road and Seventh Avenue, according to Cindy Bachman, spokeswoman for the sheriff’s department.

Around 9 p.m. Deputy Vanessa Duardo was traveling east on Bear Valley Road to an attempted armed robbery at the Goodwill store on Bear Valley and Hesperia roads, officials said, when her vehicle collided with a 1989 Chevrolet Blazer traveling north on Seventh Avenue.

The impact caused the Blazer to roll over ejecting the two children who witnesses said to be about the age of 5.

Duardo was taken to a local hospital with minor injuries, officials said. She is not expected to immediately return to work.

Dozens of witnesses, some children still in their Halloween costumes, gathered at the intersection of Bear Valley Road and Seventh Avenue and watched the scene unfold.


 

Cause of the Victorville  Pedestrian Crash

The cause of the October 31, 2012   accident remains under investigation by the San Bernardino County  Sheriff’s Department.

No details have been released about what kind of call the  Victorville deputy was responding to, or how fast she may have been going at the time.

The cause of the crash is under investigation by the sheriff’s Region 2 Major Accident Investigation Team (MAIT).

Pedestrian  Accidents

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 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 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 responsible parties!

 

 

California Pedestrian Law

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

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

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

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

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

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

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

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

 

 

Trick-or-treating children struck by car

Two children trick-or-treating in Santa Rosa were hit by a car Wednesday evening but are expected to survive, police said.

The 10-year-old boy and 4-year-old girl were crossing North Dutton Avenue in a residential area of Santa Rosa at 7:33 p.m. when they were hit by a car traveling north, said Sgt. Andrew Romero.

The adults with the children explained to police that they had been-trick or-treating along W. Eight Street and were crossing to the east-side of N. Dutton Avenue in the crosswalk, when a vehicle traveling north approached the crosswalk.

Both children were taken to the hospital and the driver stopped and cooperated with police, Romero said. Alcohol is not believed to have played a role in the crash.

The children were trick-or-treating with two adults on West Eighth Street who saw the car approaching, Romero said. The adults tried to hold the children back, but the two “darted past the adults” and into the street, Romero said.

It is was not immediately clear if the four are related.

Cause of the Santa Rosa  Crash

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

California Pedestrian Law

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

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

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

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

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

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

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

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

 

Rancho Cucamonga skateboarder hurt in crash

 

A skateboarder suffered serious injuries Monday when he was struck by a car in Rancho Cucamonga.

Isaac Cory Buchanan, 20, of Rancho Cucamonga was riding south on Palm Drive near 19th Street about 4:30 p.m. when he entered an intersection without stopping, San Bernardino County sheriff’s officials said.

He was struck by a car heading west on 19th Street.

The driver stopped at the scene and alerted police

The skateboarder suffered major head injuries. Paramedics flew him to Arrowhead Regional Medical Center in Colton. The driver, who complained of chest pain, was taken to Kaiser Permanente Medical Center in Fontana.

Anyone who witnessed the collision may call Deputy Chris Hughes or Deputy Justin Long, 909-477-2800.

Cause of the Corona  Crash

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

California Pedestrian Law

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

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

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

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

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

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

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

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

Big rig crash closes 60 Freeway in Diamond Bar, one person dead

One man was killed and three men were injured Friday morning in a pileup involving three big rigs on the 60 Freeway.

The crash led to the closure of the eastbound 60 for several hours, and the temporary closure of the westbound lanes as well.

Coroner’s officials didn’t release the dead man’s name because his next of kin hasn’t been notified yet. The California Highway Patrol identified him as a 46-year-old Norco resident.

CHP Officer Kerri Rivas said a Ford F7000 box truck and a tractor trailer traveling on the eastbound 60, west of Phillips Ranch Road got into a minor collision at 11:03 a.m.

They pulled onto the freeway shoulder to exchange insurance information. The Ford’s driver, his two passengers and the big rig driver were standing between the vehicles.

A third truck carrying bananas and tomatoes came into view.

“For unknown reasons, (the driver) veers to the right and rear ends the parked big rig. The big rig lurches about 15 feet forward and crushes three of the four people,” Rivas said.

The third truck then veered to the left and overturned onto the freeway, spilling boxes of bananas across the lanes. Some fuel also spilled onto the freeway.

Rivas said the driver of the box truck was pronounced dead at the scene.

One of his passengers was able to jump out of the way and wasn’t hurt.

But the second passenger, 40-year-old Arnold Hutchinson of Mira Loma, ended up with major injuries. Rivas said Hutchinson was taken to Pomona Valley Hospital Medical Center then flown by helicopter to Arrowhead Regional Medical Center where he is in critical condition.

The driver of the parked big rig, 53-year-old Constantino Olmos of Riverside, also sustained major injuries. Olmos was taken by helicopter to Los Angeles County USC Medical Center and is in the intensive care unit, according to Rivas. He is listed in critical condition.

She said the man driving the third truck, Emilio Alvarez, 23, of South Gate, complained of pain and was treated at San Dimas Community Hospital.

The eastbound lanes of the 60 Freeway, from the 57 freeway to Phillips Ranch Road, were shut down. Traffic was diverted off the freeway.

Officials with the Los Angeles County Coroner’s office arrived at the scene about 2 p.m. to retrieve the body.

Coroner’s investigator Elissa Fleak said an autopsy is scheduled this Sunday.

The closure of the eastbound lanes resulted in a traffic jam stretching into Rowland Heights. Westbound lanes were closed for a short time to allow a rescue helicopter to land. Traffic was also jammed on the northbound 57 from Tonner Canyon Road.

The car pool lane, the No, 1 and 2 lanes were reopened at 5:55 p.m. All eastbound lanes were opened at 7:17 p.m.

Cause of the Diamond Bar Crash

While this devastating Diamond Bar 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 California  personal injury 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.

Fault and Wrongful Death Liability

Accidents involving big-rigs  have unique and complex legal issues. If it is determined that the driver of the big-rig was  at fault for this collision, the family of the victim would be well-advised to speak to a  truck accident attorney. An experienced and knowledgeable attorney will be able to review the cause of the accident, and if warranted, arrange for an independent investigator to reconstruct the collision to determine exactly what happened and who was responsible. A skilled lawyer can also provide an explanation to the victim’s family on their legal rights in a wrongful death claim against the driver or any other parties at fault. Damages awarded in a wrongful death claim may include funeral and burial expenses, lost earnings, pain and suffering, and other damages.

Demand accountability from the trucking company.  We at the Law Offices of Gary A Kessler have handled complex trucking accident cases for twenty years.  We have the litigation experience to handle complex trucking liability cases.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.  Remember, the trucking industry are a formidable foe and must be fought against aggressively.

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

Trucking accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its “trucking accident” cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your “trucking accident” case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

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

 

 

 

 


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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.

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