Serious Injuries

Delivery truck runs over bicyclist in San Diego

A 74-year-old bicyclist was seriously injured Friday when he was run over by

a delivery truck in the Sports Arena area, San Diego police said.

The man was riding his bike just after noon on westbound Sports Arena Boulevard near Rosecrans Street.

A Dixieline truck, driven by a 41-year-old woman, made a right turn into the Dixieline store located on Sports Arena. The woman didn’t see the bicyclist and struck him, police said.

The man was hospitalized with a serious injury to his left leg.

Bicycle accidents and personal injury liability

Bicycles have as much right to be on the road as other vehicles.  When automobile drivers violate the rights of a bicyclist, serious injuries and death can occur.

When you suffer serious/traumatic injuries or a loved one’s death, you are entitled to compensation (medical bills, funeral costs, lost wages, future wages and pain and suffering).  The Law Offices of Gary A Kessler will aggressively represent you and fight for your rights against the insurance companies for the monetary damages you deserve.

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

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

 

RAMONA: Four dead, five injured in head-on crash on Highway 78

At least four people died —- including two young girls —- and five others were injured in a head-on crash Tuesday afternoon on Highway 78 east of Ramona, authorities said. The injured include a 6-year-old girl with life-threatening injuries.

The two girls, ages 8 and 9, were passengers in an eastbound 2004 Honda Odyssey minivan that crashed head-on with a westbound 2010 Pontiac Vibe about 3:15 p.m. on the two-lane road, said California Highway Patrol Officer Brian Pennings.

The driver of each car also died, including a 33-year-old San Diego woman at the wheel of the minivan, Pennings said. He said he had no information about the age and city of residence of the Pontiac driver, the lone occupant of the car, which landed on its roof.

Six children and two adults were in the minivan. A 3-year-old boy, a 6-year-old boy and a 13-year-old girl were taken to Rady Children’s Hospital San Diego with minor to moderate injuries, Pennings said.

A 6-year-old girl was rushed to Children’s Hospital with critical, life-threatening injuries, he said. A 67-year-old woman in the front passenger seat was taken to Palomar Medical Center in Escondido with major injuries, Pennings said.

Pennings said the 3-year-old boy was properly restrained in a child’s car seat, but the 6-year-old girl had not been in a car seat. California law requires children to be in a car seat or a booster seat until they are 8 years old or until they reach 4 feet, 9 inches tall.

CHP shut down both sides of the two-lane highway and issued a SigAlert.

Pennings said the cause of the crash was under investigation, but said authorities have not come across any evidence that drugs or alcohol played a role.

Cause of the 78 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 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.

Liability for  Wrongful Death and Serious Injuries in Car Accidents

Seeking immediate counsel from an experienced San Diego automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to. And while it is uncertain who is liable for this incident, an attorney can also hire a highly skilled independent investigator to reconstruct the scene of the accident and determine who is responsible.

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

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

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

 

 

Woman injured in deputy-involved shooting

SPRING VALLEY (CNS) – An investigation was underway Monday into a deputy-involved shooting in which a Spring Valley woman was shot in the arm by a deputy who was checking her backyard for a masked man.

Deputies were called to 8900 block of Leigh Avenue, shortly before 10:30 p.m. Sunday to investigate a suspicious man seen in the area wearing a ski mask, according to San Diego County sheriff’s homicide Lt. Larry Nesbit.

Deputies arrived and determined the man had left the area, walking away in an eastbound direction, Nesbit said in a statement.

While checking for the man one to two blocks away from Leigh Ave., deputies entered the backyard of a residence in the 200 block of Via Tapia, Nesbit said.

“At some point, while in the backyard of the residence, there was contact between the deputies, who had their weapons drawn, and a female resident of the home,” Nesbit said. “During that contact, one of the deputies fired from his service weapon. The female was struck in the arm by the round.”

Paramedics took the wounded woman to an area hospital, where she was listed in good condition and expected to be released today, Nesbit said.

Information about the deputy who shot the woman was not immediately released.

Police Shootings Attorney

Have you been the victim of a police shooting?  Have you lost a loved one from a police shooting you believe was unjustified?  If so, you need the help of  the Law Offices of Gary A. Kessler.  Contact us today for a free consultation regarding the specifics of your case.  We have extensive practice in this area, and have a track record of recovering millions for victims of unjustified police shootings and their families.  Unless a person shoots at officers or hurts others in the presence of the police, it is usually unnecessary for police to be shooting.  Unlawful shootings by police are considered excessive force, and are a violation of rights.

Tensions are High

Whenever police are involved in a situation, tensions are automatically raised.  In turn, individuals may panic and behave irrationally.  The police are sworn to protect citizens, and trained in ways to calm intense circumstances and the people involved.  If inadequately trained, there is the problem of excessive force being used by the police, often by the way of shootings, when not necessary.  The police firearm should be used in only extreme situations, and every other method to calm the conflict should be used in exhaustion before firing, even when using non-lethal methods such as bean bag guns or tasers.  Although non-lethal, these methods of control can still cause significant injury to the victim, and should not be used unless absolutely necessary.  Recent victims of police shootings from bean bag shot guns have needed emergency surgery, and even died as a result of the wound.  In many cases, this is due to a lack of training for the police officer.

The Next Step

If you have lost a loved one due to a police shooting you believe to be unjustified, or are yourself a victim of an unjustified police shooting, it is important for you to take action immediately.  Although an investigation of all police shootings is done by the police department, that can hardly be considered an objective investigation, when it is obvious they will lean toward the shooting being justified if there is any question on how evidence can be construed.  Our attorneys will be able to uncover any evidence necessary to find out what actually occurred to result in the shooting.  Contact the Law Offices of  Gary A. Kessler today to find out how we can help you.

Fremont woman hit by a car in crosswalk in critical condition

A Fremont woman hit by a car Tuesday while walking in a crosswalk on Civic Center Drive remains in critical condition.

Manchi Wong, 59, suffered a major head injury after being struck around 5 p.m. in the 38900 block of Civic Center Drive, said Sgt. Mark Dang.

Wongwas unresponsive at the scene, police said, and taken to Eden Hospital. She remained hospitalized and unconscious on Wednesday morning, Dang said.

An early investigation indicated 19-year-old Nathaniel Fedalizo, of San Jose, was driving a sedan north on Civic Center Drive and that Wong was struck while walking west across the road in the crosswalk, police said.

Fedalizo was uninjured, and police said drugs or alcohol do no appear to be a factor.

As of Wednesday no charges had been filed against him, Dang said.

Cause of the Fremont Crash

While this devastating Fremont 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 Fremont 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.

 

 

Two injured in jet ski crash at Keehi Boat Harbor

Two people, including a teenage girl, were rushed to the hospital after their jetski’s collided.

Emergency crews were called to Keehi Boat Harbor around 1:30 p.m. Sunday.

Paramedics took a 16 year-old girl to the hospital in critical condition, and a 20 year-old man in serious condition.

Both were part of two separate tour groups with Aloha Jet Ski.

Witnesses say the male jet skiier ran into the girl on her jet ski, striking the back of her head.

“We was heading on out, I didn’t see the initial impact – but she was face down in the water and the dad was in distress trying to go over and flip her over. And we got out and we was out there for 5 minutes, when we came back in and she was on the boat not moving and the 20 year old guy was bleeding from his forehead,” says Danny Kong, Witness.

“There were jet skis floating all over, so I helped the guy get them to the raft and he told me there was a collision out there and the girl was unconscious in the water, and when I came back all the emergency workers were here,” points out Alika Davis, Witness.

Glenn Cohen, owner of Aloha Jet Ski says, “It was a terrible thing I witnessed. (The 16 year-old girl) is very very hurt and the only concern I had was bringing her to get medical attention.” He shut down the business for the day and was heading to the hospital to make sure the young woman was okay.

The Department of Land and Natural Resources is investigating whether the two were in a designated zone for jetski activity.

Boating Accident Personal Injury and Wrongful Death Liability

The most common boating accidents are collisions with other boats, sinking’s, capsizing and boat disappearances.

Boating accidents occur very quickly and in many different places.  Lakes, canals, rivers, inter-coastal waterways and oceans are where tragedies normally occur.  Last year in California, there were 744 boating accidents involving 439 injuries and 44 fatalities.

According to the United States Coast Guard each year there are more than 8,000 boating accidents in the U.S. that result in 4,000 serious injuries and 800 deaths.

Many times a boater will have been speeding or may have had too much alcohol.

There are specific boating laws that must be followed or fatalities can occur.  The Law Offices of Gary A Kessler is familiar with the different state’s boating laws.  We know the boating liability issues and will inform you of your true state, local and Federal boating rights and legal options which will result in successful outcome in your case.

It is a general rule of law that the operator of a boat and its owner has a duty to exercise a reasonable degree of care in order to prevent injuries to others.  The most common boating accidents are collisions with other boats, sinking and boat disappearance.  Boating injuries usually occur because of a reckless or careless operator, alcohol, boat malfunctions or an inexperienced boating (captain) operator.

Operators of boats have a legal obligation to operate their watercraft in a safe and prudent manner.  The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator of the boat.  The primary cause of boating accidents nationwide was operator inattention, followed by careless/reckless operation, operator inexperience, operating at an unsafe speed, and failure to have a proper lookout.

Common violations of the duty of ordinary care in a maritime setting include a failure to warn against foreseeable harm, violations of “rules of the water,” such as excessive speed, failure to have proper lights, failure to yield, intoxication and others.  Owners may also be held liable under the theory of vicarious liability.  For example, an owner may be held liable for an operator’s failure to warn passengers of intended maneuvers, overloading the boat or permitting the guest to sit in a dangerous position.

Accidents involving bystanders, such as swimmers or water skiers, are typically treated in the same manner as cases involving social guests.  The law and courts where the accident occurred will generally control any lawsuits brought by injured bystanders unless the defendant boat owner asserts admiralty jurisdiction.

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

The  wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic boating fatality (drowning) accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning/boating fatality cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your boating fatality/drowning accident case.

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

The Law Offices of Gary A Kessler has the successful track record and reputation for aggressively representing our clients for recovering tens of millions of dollars in boating fatality cases in both State and Federal Counts.

 

 

 

 

 

Bicyclist killed on Country Club Drive in Bermuda Dunes

 

BERMUDA DUNES — A 44-year-old La Quinta man was killed Saturday after being struck by a vehicle near Country Club Drive and Jefferson Street in Bermuda Dunes.

Mark E. Ledbetter, 44, and Chad M. Priest, 29, were riding side-by-side about 7 a.m. Saturday westbound in the 79-900 block of Country Club Drive.

The dividing line that marks the shoulder was between them, CHP Officer Joseph Zagorski said. Ledbetter was on the left.

A Dodge Caliber was headed in the same direction when driver Anthony Peraza crashed into them just west of Avenue 42, Zagorski said.

The front of the driver’s side hit the back of Ledbetter’s bike, and the passenger-side mirror hit Priest. Both men flew off their bikes and landed on the road.

Peraza pulled over to the right shoulder to help the men, Zagorski said.

Ledbetter died about 30 minutes later at the scene, according to the Riverside County coroner.

Priest had bruises and cuts on his left arm and shoulder. The Indio man was treated at the scene.

There is no bike lane on that stretch of road, but bicyclists have the right-of-way, the CHP officer said.

“For some reason, he failed to avoid the bicyclists,” Zagorski said. “He’s responsible to avoid them, and he didn’t.”

It is unknown how fast Peraza, 32, of Coachella, was driving. Alcohol and drugs are not suspected. The cause of the crash is under investigation.

 

Bicycle accidents and wrongful death liability

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 necessary to obtain a successful result for your case.

 

 

 

.

Dog impounded after biting pregnant woman

SAN DIEGO — A 50-pound pit bull mixed-breed knocked down a pregnant woman and bit her hand at a Serra Mesa apartment complex Wednesday morning, San Diego police said.

The incident occurred at a four-plex apartment building on Glenhaven Street near Sandrock Road about 10:20 a.m.

A 7-year-old boy let the family’s two mixed pit bull dogs out into a fenced common area, unleashed, to go to the bathroom, said Officer Scott Brengi.

At the same time, a 30-year-old woman who is five months pregnant carried some trash out into the yard. One of the 3-year-old dogs ran at her and knocked her flat on her stomach, and bit her right hand, Brengi said.

“She was screaming, her husband came out and got her inside, and the owner got control of the dogs,” Brengi said.

He said the woman’s bite wound was minor, but she was taken to a hospital out of concern for the unborn baby.

The dog owner surrendered the dog to county Animal Services Officer Mitchell Levy. Levy said the dog would be quarantined for 10 days to see if it remains healthy and the extent of the woman’s injury is determined. If the injury should prove serious, Levy said, the dog would likely be euthanized.

Levy said his agency has had no prior complaints about either of the dogs

Dog Attacks and personal injury liability

CALIFORNIA DOG BITE STATUTE SECTION 3342

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

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

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

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

WE WILL FIGHT FOR YOU!

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

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

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

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

California Dog Bite Injury Liability Under  California Civil Code 3342: “The owner of any dog is liable for the damages suffered by any person who is bitten  by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owners knowledge of such viciousness.”
After a dog attack such as this, the injured party (or his representatives) would be well advised to speak with an experienced California dog bite lawyer about the incident and their legal rights to hold the owner of the dog accountable for all expenses as well as pain and suffering as a result of the dog attack.

 

2011 statistics

  • 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
  • Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
  • The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
  • Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
  • The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
  • Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
  • 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
  • Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
  • The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
  • 2011 Fatal Dog attacks by breed

.

 

 

1 dead in crash on Hwy. 184 in Kern County

One person was killed Monday morning in a head-on crash south of Lamont.

A California Highway Patrol officer on scene said a Lexus car was heading north on Highway 184 around 5 a.m. when the driver, later identified as 21-year-old Jovanna Salgado, of Arvin, said she fell asleep and drifted into the southbound lane. The Lexus crashed into an oncoming minivan.

The driver of the van died. His name was withheld.

Salgado sustained a major injury to her leg, the CHP said.

Four van passengers received varying degrees of injuries. They were identified as Saul Gomez, Antonio Solares, Johnathan Alonso and Modesto Dominguez, all of Bakersfield. One van passenger, 19-year-old Alfredo Dominguez, was not injured.

Automobile Collisions and Wrongful Death Liability

While the accident on July 30 remains under investigation, the   family members of the victim 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.

Pedestrian struck by Jeep in Hemet

A male pedestrian was airlifted to Riverside County Regional Medical Center Wednesday morning, July 25 after being struck by a Jeep while crossing Stanford Street in front of Hemet High School.

The accident occurred at 6:44 a.m. when a beige Jeep, heading east on Stetson Avenue at about 35 mph struck the man crossing Stetson Avenue southbound on Stanford, according to California Highway Patrolman Dan Fitch.

Fitch said the driver told investigators he did not see the pedestrian until “he was already on him.” The driver was not immediately cited. Fitch said officers plan to view video from a surveillance camera on the front entrance of the school.

The victim was taken by helicopter to the Moreno Valley hospital with serious injuries.

Cause of the Hemet Crash

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

California Pedestrian Law

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

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

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

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

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

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

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

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

 

Bicyclist struck by vehicle in Escondido

A bicyclist was struck by a vehicle Friday and seriously injured, police said.

The incident was reported about 3:45 p.m. on Auto Park Way near West Valley Parkway.

A man was riding the bike across traffic lanes on Auto Park Way when he was hit by a southbound vehicle, Officer Steve Braucht said. He was transported to a hospital with undisclosed injuries.

The incident was being investigated, and no other details were immediately available.

Bicycle accidents and Personal Injury liability

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 necessary to obtain a successful result for your case.


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.