Serious Injuries

Man struck by Market Street trolley

Trolleys on Market Street in San Francisco are delayed after an inbound F-Line trolley struck a pedestrian near the intersection of Seventh and Market streets, authorities said.

Firefighters received a report of a man under the train around 10:00 a.m., said Battalion Chief Mike Bryant. He said crews emptied the historic trolley before lifting it up on stilts to slide the man out.

The man was taken to the hospital with major injuries, Bryant said. He was trapped under the trolley’s wheels, Bryant said.

Erwin Mack, 26, said he heard the man scream as he was hit by the train.

“I heard him scream, but I think he was more in shock,” Mack said. “He had big lacerations on his leg. You could see the track marks.”

Trolleys will not be traveling east until the investigation is complete, Rose said.

Cause of the Trolley Accident

Initial reports were that the  man had been trying to get into the back door when the trolley pulled away from the station, said Paul Rose, a transit spokesman. The official cause of the June 8 crash remains under investigation by the San Francisco Police Department.

Trolley accidents and serious injury liability

The laws regarding trolley accident cases are complex and include many facets of the law.  It is vital to  family members to seek the advice of an experienced bus 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 Bay Area personal injury attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with serious injuries associated with a trolley accident.  Such trolley accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and trolley accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your trolley 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 bus accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.  Contact the Law Offices of Gary A Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible party.

If you have been seriously injured or a family member sustained serious injuries involving a trolley, you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your legal rights and preserve the evidence.  Claims for damages against a public entity or governmental entity are complex and they have “strict time limitations”.  So do not delay and contact the Law Offices of Gary A Kessler today!

 

 

 


 

 

3 dogs killed by police after attacking mom, son

NEWPORT BEACH – Officers shot and killed three dogs that attacked and bit a mother and her son early Friday morning, authorities said.

When an officer with the Newport Police Department responded to a report about the attack, the three dogs advanced toward the officer, officials said. The officer retreated into his car.

“All three dogs began aggressively attacking the police vehicle,” according to a statement released by the Newport Beach Police Department.

The officer asked for backup and Animal Control officials were also called to Marriot Newport Coast Villas, where the dogs had been seen running on the golf course in a pack.

The woman and her son were guests at the hotel, police said.

Police officials said they made the decision to shoot and kill the dogs in the interest of public safety.


Officers were first called to Newport Coast and East Coast Highway after receiving reports that two people were bitten by the dogs.

At about 5:30 a.m., a female guest at the hotel was walking toward her car when she was attacked from behind by the dogs, said Kathy Lowe, spokeswoman for the police department.

Her son ran toward the dogs to help her and he suffered puncture wounds from bites as well, she said.

The dogs were described as pit bulls, and officers began to search the area.

One of the officers spotted the pack, but went back into his patrol car when the dogs approached him.

According to a statement released by the police department, officials with the Newport Beach Police Department and Animal Control intended to restrain and corral the dogs, but were unable to do so because of their “aggressive behavior.”

A supervisor with the police department authorized officers at the scene to fire at the dogs.

No officers were injured in the incident, officials said. The woman and her son were taken to a nearby hospital. The extent of their injuries was not immediately known, but police said they were not life-threatening.

Lowe, spokeswoman for the police department, said the dogs were not carrying any identifying tags or microchips.

Before the attack, dispatchers had not received any calls about the dogs roaming the area, and police are still seeking information to find out who the owners of the dogs are, she said.

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

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2 injured in crash in Anaheim

ANAHEIM – Two people were injured Wednesday morning when their vehicles collided at La Palma Avenue and North Blue Gum Street, authorities said. The crash was reported at 6:19 a.m. and involved a Honda Accord and a Nissan Versa, Anaheim police Sgt. Chuck Knight said.

According to Sgt. Knight of the Anaheim Police Department, as both cars spun from the impact, a second crash damaged the driver’s side of the Accord.
The drivers were taken to local hospitals with unknown injuries.

The westbound lanes of La Palma and southbound lanes of Blue Gum were closed.

Cause of the Anaheim Crash

The initial investigation revealed that the male driver of the Versa was headed east on La Palma and turned left into oncoming traffic, colliding with a westbound Accord driven by a woman,  Sgt. Knight said. The crash remains under investigation.

 

Liability for  Serious Injuries in Car Accidents

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

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

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

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

 

 

3 hurt as Muni trolley knocks down live wires

Three people were injured when a Muni trolley bus snapped live electrical lines at Market at Fifth streets during the Monday evening rush hour, authorities said.

The 4:07 p.m. incident forced the closure of Market between Third and Eighth streets and part of Fifth Street, snarling downtown traffic. Crews were unable to shut off live downed electrical lines until just before 5 p.m., and the street was expected to remain closed at least until 7 p.m., authorities said.

Witnesses described hearing a loud, explosive noise when the accident happened.

One pedestrian, a woman in her 20s, was hit by one of the wires, said Fire Department spokesman Mindy Talmadge. She and another person were taken to St. Francis Memorial Hospital. The nature of their injuries was unclear, but Talmadge said neither was badly hurt.

Paul Rose, a Muni spokesman, said a third person had also been taken to a hospital.

One of the victims, a pedestrian who was apparently a tourist, was helped by a San Francisco man after being hit by one of the wires.

“I heard a pop and saw one man under the wire,” said Hilton Holcomb, 57, who was crossing Fifth at the time of the incident. “I saw sparks and the fire coming through. I pulled him to the side of the road.”

Holcomb said the man was conscious but was shaking and complaining that he felt like his hands were on fire.

“I’ve seen these wires fall before,” Holcomb said, “but I’ve never seen one with explosions and fire.”

Cause of the Trolley Accident

Initial reports were that the “hub” mounted on the 5-Fulton trolley’s pole that includes a transformer became detached and snapped live wires as it fell from the bus, authorities said. The cause of the June 4 crash remains under investigation by the San Francisco Police Department.

Trolley accidents and serious injury liability

The laws regarding trolley accident cases are complex and include many facets of the law.  It is vital to  family members to seek the advice of an experienced bus 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 Bay Area personal injury attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with serious injuries associated with a trolley accident.  Such trolley accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and trolley accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your trolley 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 bus accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.  Contact the Law Offices of Gary A Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible party.

If you have been seriously injured or a family member sustained serious injuries involving a trolley, you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your legal rights and preserve the evidence.  Claims for damages against a public entity or governmental entity are complex and they have “strict time limitations”.  So do not delay and contact the Law Offices of Gary A Kessler today!

 

 

 


4 hurt in school bus crash near Orange Cove

 

Four people were hurt in an early morning accident involving a school bus near Orange Cove, The California Highway Patrol reported.

The bus and a Honda Civic collided at the intersection of Manning and Anchor avenues just before 8 a.m.

The driver of the car suffered critical injuries and was airlifted to Community Regional Medical Center in Fresno, the California Highway Patrol reported.

Two, out of the 10 students on the bus, had to be taken to the hospital., Kings Canyon Unified School District officials said. They were taken to Adventist Medical Center in Reedley.

The students were en route to Orange Cove High School and McCord Elementary School in Orange Cove.

Cause of the Fresno County Crash

How the wreck occurred was unknown, but a CHP log  said a school bus and a sedan collided  at the intersection of Manning and Anchor avenues just before 8 a.m.. The cause of the June 4 crash remains under investigation by the California Highway patrol.  While it is uncertain whether driver negligence, distracted and unsafe driving caused or contributed to this tragic accident, the victim’s family would be well-advised to contact an experienced personal injury lawyer.  An experienced and knowledgeable lawyer can advise the victim’s  family of their legal rights and best course of action to recover the compensation he is entitled to for medical care expenses, lost wages, pain and suffering, or other related damages in this terrible  accident.

Bus accidents and serious injury liability

The laws regarding bus accident cases are complex and include many facets of the law.  It is vital to  family members to seek the advice of an experienced bus 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 Fresno  bus accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with serious injuries associated with a bus accident.  Such bus accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and bus accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your bus 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 bus accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.  Contact the Law Offices of Gary A Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible party.

If you have been seriously injured or a family member sustained serious injuries involving a bus, you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your legal rights and preserve the evidence.  Claims for damages against a public entity or governmental entity are complex and they have “strict time limitations”.  So do not delay and contact the Law Offices of Gary A Kessler today!

 

3 Struck, Including 1 Fatally, By Suspected DUI Driver

A 13-year-old girl was fatally struck by an alleged hit-and-run driver suspected of driving under the influence while standing beside a disabled vehicle on the westbound (60) Freeway in Hacienda Heights.

The accident occurred about 12:40 a.m. just east of Seventh Avenue, authorities said.

The victims were identified as Mary Hively, a 13-year-old girl and a 10-year-old boy, all from Santa Monica.

According to authorities, Hively sustained major injuries while the boy, who was seated in the backseat of the car, had moderate injuries. The teen was fatally injured.

Cause of the Hacienda Heights Crash

A news release issued by the California Highway Patrol says the suspect vehicle drifted onto the right shoulder of the highway and struck the child, as well as a 41-year-old woman before hitting the vehicle. The suspect, identified by authorities as 28-year-old Tina Silva of Hacienda Heights, allegedly exited the freeway but was subsequently detained. She was arrested on charges of vehicular manslaughter and DUI.

 

Pedestrian  Accidents and Wrongful Death Liability

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

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

 

 

 

 

 

 


Two Killed in Crash Near Clayton Friday Night

Two people died and one was seriously injured in a two-car wreck on Marsh Creek Road outside of Clayton on Friday night, the California Highway Patrol confirmed.

The crash was reported at 10:14 p.m. on Marsh Creek Road near Russelmann Park Road, CHP said.

An Acura Integra collided with a Honda Odyssey minivan, killing two.

A coroner was called to the scene, where one motorist was pronounced dead, authorities said. A second person died after being taken to a hospital. A third motorist was treated at a hospital with major injuries, but is expected to survive.
The victims’ names are being withheld until their families are notified.
The wreck blocked part of the roadway for hours, necessitating traffic control in both directions, the CHP said.

Cause of the Clayton Crash

How the wreck occurred was unknown, but a CHP log confirmed by Officer Ralph Caggiano said a van and a sedan collided near 8735 Marsh Creek Road at 10:14 p.m. The cause of the June 1 crash remains under investigation by the California Highway patrol.  While it is uncertain whether driver negligence, distracted and unsafe driving caused or contributed to this tragic accident, the victim’s family would be well-advised to contact an experienced personal injury lawyer.  An experienced and knowledgeable lawyer can advise the victim’s  family of their legal rights and best course of action to recover the compensation he is entitled to for medical care expenses, lost wages, pain and suffering, or other related damages in this terrible  accident.

Automobile Collisions and Wrongful Death Liability

While the accident on June 1 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.

Man who died in Newport Coast crash ID’d

NEWPORT COAST – A 24-year-old Santa Ana man was killed and a 47-year-old Laguna Beach woman was hurt in a two-vehicle crash on Coast Highway on Wednesday night, officials said Thursday.

Duy Nguyen, the driver of a Honda that went out of control and collided with another vehicle, was pronounced dead at 7:35 p.m. at the scene of the crash, coroner’s officials said Thursday.

The woman in the other vehicle, identified by the California Highway Patrol as Lori Clinton, suffered major injuries and was taken to Mission Hospital in Mission Viejo.

The crash occurred just after 7:30 p.m. on Coast Highway at El Morro State Park, the CHP said.

Cause of the Newport Coast Crash

According to the CHP, Nguyen was driving a 2005 Honda S2000 and was traveling at a high rate of speed on northbound Coast Highway as he approached El Morro.

Nguyen crossed through the median and into the southbound lanes, and then crashed into the 2011 Chevrolet Cruze that Clinton was driving.

Southbound Coast Highway was closed until shortly after 10 p.m. as investigators went over the scene.

 

Automobile Collisions and Serious Injury  Liability

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

 

Car hits students outside CA high school, 9 hurt

HEMET, Calif. (AP) — A pickup truck ran into a group of students who were crossing a street outside a California high school on Wednesday, leaving nine people injured and backpacks and clothing strewn across an intersection.

The accident occurred shortly after school ended for the day at Hemet High School, Riverside County fire officials said in a statement.

Three people were in critical condition and five more were taken to hospitals with minor injuries. Those injured included the driver of the truck and at least five students, officials said.

Witnesses told the Riverside Press-Enterprise that a white Ford Ranger went straight through a right-turn only lane and ran a red light before hitting students who were in a crosswalk leading to a student parking lot and the school football stadium.

Backpacks and clothing were strewn near the school following the crash, NBC4-TV reported.

Cause of the Hemet Crash

California Highway Patrol Officer Darren Meyer said. About 30 people were in the crosswalk, headed toward the student parking lot and the school’s football stadium, Meyer said.

The driver was not under the influence of drugs or alcohol, and he stopped immediately to help the victims, Meyer said.

The CHP would decide whether to file criminal charges after a thorough investigation, including a mechanical inspection of the truck, Meyer said.

Law enforcement was reviewing video from multiple cameras around campus that recorded the accident.

Pedestrian Accident Personal Injury Liability

While the accident on May 30 remains under investigation, the family members of the victim’s 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  personal injury 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 serious injury 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 personal injury 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.

Boat collision injures 9 in Marina Del Rey

 

Authorities say nine people were injured after a row boat they were in collided with a motorized boat off Marina Del Rey and was split in half.

Los Angeles County Sheriff’s Sgt. Brent Carlson says those on the row boat were pulled from the water and most had minor injuries after Sunday morning’s accident. However, a woman was airlifted to the hospital where she was treated and released.

Carlson says the driver of the motorized boat, Peter Sorrento of Chatsworth, was alone and apparently didn’t see the row boat in front of him. Sorrento was cited for violating state boating rules that require having a lookout on his boat.

Carlson declined to describe the extent of the woman’s injuries, citing medical privacy laws.

Marine and Boating Accidents

  A boating accident can occur on a privately owned boat (yacht), personal watercraft (jet ski), cruise ship or a ferry.  As a general rule, the captain (or operator) of a boat and its owner have a duty to exercise the highest degree of care in order to prevent injuries to others.

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

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

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

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

Does Federal Maritime Law or State Law Apply?

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

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

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

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

Social Guests, Business Visitors and Bystanders

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

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

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

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

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

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

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

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

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

The California 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.

 

 

 

 


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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.

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.