Chain | Cohn | Stiles attorney David Cohn comments on L.A. Times update of Silva wrongful death case

November 25, 2014 | 10:16 am


“This was a beat down,” Chris Silva told the Los Angeles Times in an article updating readers on his brother’s wrongful death case. “Seven deputies and two CHP officers failed at their jobs.”

The newspaper’s columnist Robin Abcarian provided an update last week on the infamous David Silva case, which is being represented by the Bakersfield personal injury law firm Chain | Cohn | Stiles.

In the column — which you can read by clicking here — Abcarian outlines what happened on the night of May 7, 2013, when officers approached David Silva as he lay on the grass across the street from Kern County Medical Center in east Bakersfield.

When Silva woke up, officers tried to arrest him and released a police dog on him. Over 20 minutes, six more Kern County Sheriff’s Office deputies and two California Highway Patrol officers arrived. Silva was hit with batons, bitten dozens of times, hobbled with a hog-tie-like restraint and sat on by the officers, Abcarian described.

“He vomited, then stopped breathing,” Abcarian wrote. “He was pronounced dead at 12:44 a.m. on May 8.”

David Silva left behind four children, and a loving family who is now advocating for an end to police brutality.

Silva had gone to the hospital that night seeking help. After he fell asleep on the grass outside of the hospital, a security guard escorted him away. Officers were called after he fell asleep again across the street.

The Sheriff’s Office stated Silva was on drugs.

“How high could he have been?” Chain | Cohn | Stiles attorney David Cohn told The Times, who is representing the Silva family in a federal wrongful-death lawsuit. “He was sleeping. That hardly sounds like someone who is amped up on methamphetamine.”

The case received national media attention, including the aftermath when officers confiscated witness’s videos of the incident.

Nearly a year after Silva died, Kern County District Attorney Lisa Green declined to file charges against the officers. And last month, the U.S. Department of Justice also refused to file criminal charges.

Still, the wrongful death lawsuit continues.

Last week, Bakersfield personal injury lawyer Neil Gehlawat, who is also assisting with the Silva case as part of Chain | Cohn | Stiles, appeared on The Groove 99.3 with Sheri Ortiz to discuss police misconduct cases, as well as the Silva case.

Click here to listen to that show.

* Editor’s Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Stiles *

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To read all about the Silva case represented by Chain | Cohn | Stiles, read the media coverage below:

Nearly 700 participate, $46K raised in Chain | Cohn | Stiles-sponsored MADD walk (with photo gallery)

September 22, 2014 | 10:24 am


More than 700 people participated in the first-ever Bakersfield “Walk/Run Like MADD” — sponsored by Chain | Cohn | Stiles — which was held Saturday morning at the Park at River Walk.

More than $46,000 was raised to fight drunken driving in Kern County, making this inaugural 5K run and walk a huge success.

The event aimed to raise awareness of drinking and driving crashes in Kern County, to raise money to support local victims and their families, and to fight to end drinking and driving in Bakersfield.

The day featured informational booths from sponsors and other groups aiming to inform about the dangers of drinking and driving, MADD representatives who spoke about the importance of coming together to fight against drunk driving, California Highway Patrol’s Robert Rodriguez who sang the national anthem, a prayer by the Health family (victims of a drunken driving crash), announcement by Peter Wonderly, and a speech by Kern County District Attorney Lisa Green. The walk featured families of victims marching with signs and photos of their loved ones, and hundreds also participated in the competitive 5K race.

Kern County community business and organizations stepped up as sponsors for the event. They included Dignity Health, Chain | Cohn | Stiles, Bakersfield Police Officers Association, Kern County Prosecutors Association, Ira Cohen of UBS Financial, Comprehensive Blood & Cancer Center, Kern County Bar Association and Aum Physical Therapy. To see a sponsor list, which were featured on the event T-shirts, go here.

Others contributed to the event in various ways. They included:

  • Sam’s Club, which donated water bottles.
  • The Gehlawat family, which made several monetary donations.
  • Media friends — KGET, KERO, KBAK, KBFX, El Popular and The Bakersfield Californian — who all helped raise awareness.
  • Kern Schools Federal Credit Union, which came out to support victims.
  • Sully’s Chevron, which donated ice for the event.
  • Sole 2 Soul, which hosted the pre-registration packet pickup on Friday, Sept. 19.

Local media helped spread awareness Saturday by interviewing victims, families and participants. Here is some of the media coverage from the event:

The “Walk/Run Like MADD” planning committee — which included Chain | Cohn | Stiles attorney Matt Clark and marketing director Jorge Barrientos — would like to thank sponsors, those who donated, volunteers and participants in the event for their dedication to fighting against drunken driving.

Motorcycle safety: Be aware, share the road, ride sober

July 11, 2014 | 9:57 am


Two recent motorcycle accidents resulting in fatalities have local law enforcement officers and safety officials urging drivers and motorcycle riders to be more aware and alert while on Bakersfield roads, according to media reports.

Last month, a Bakersfield woman died after she crashed into a car when it turned in front of her motorcycle. The driver of the car did not see the motorcycle, California Highway Patrol officials reported.

Then, earlier this week, a Tehachapi man was killed when he crashed into a big rig that had turned into his path. The motorcyclist, who had the right of way, dropped his bike to its side to avoid the collision, but it was not enough to avoid impact, according to CHP reports.

Safety officials say it’s important for all drivers on the road to pay attention, share the road and ride sober. All motorists are reminded, by the National Highway Traffic Safety Administration for example, to safely share the road with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists, too, must do what they can to make themselves visible to other motorists.

Also, statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads. For this reason, the safety administration urges all motorcycle riders to always ride smart and sober.

A national report by the safety administration on motorcycle safety lists 82 recommendations. To read those, go here.

The Bakersfield personal injury lawyers at Chain | Cohn | Stiles, too, advises Kern County motorists of all sorts to drive safe. Additionally, it’s important for all motorcycle riders to wear helmets, as is required by law in California.

But if the unexpected happens, the motorcycle accident attorneys at Chain | Cohn | Stiles have the knowledge and expertise to deal with cases involving motorcycle accidents. If you or someone you know has been involved in a motorcycle-related accident, contact the law firm immediately.

The law firm has compiled several frequently asked questions and answers related to motorcycle accidents. Read some of them below, and all of them at Chainlaw.com.

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Is an investigation of my motorcycle accident case important?

It is critical. Since there is almost a presumption in the general public that motorcyclists assume the risk for their own injuries and they are usually at fault for causing accidents, it is essential that a quick and thorough investigation is performed to establish fault on other responsible people or entities and to establish that the motorcyclist did little or nothing to contribute to the accident.

Investigation should consist of an examination of the scene, an examination of the instrumentalities that were involved in the accident, obtaining statements from witnesses and obtaining the reports from investigating agencies. Of prime importance is maintaining the motorcycle and helmet in the exact condition they were in at the moment when the motorcyclist came to rest after an accident.

How long do I have after my accident to file my motorcycle injury case?

A motorcycle accident and/or wrongful death action, under California law, must be brought within two years of the date of the accident.

In cases against public entities, a claim must be filed against the public entity within six months from the date of the accident. If the plaintiff is a minor, a minor has until their 19th birthday to bring a case unless there is a government claim in which a minor should bring the claim within six months of the accident, or one year at the latest.

Is it important to retain an attorney for my motorcycle accident case?

Yes, if the motorcycle accident has resulted in a serious injury or death. Without an attorney, there will always be an assumption that the motorcyclist was at fault and evidence will be gathered by the other side to support that contention. You need to hire an attorney to perform investigation and retain the right experts to prove your case and your injuries. Further, through the litigation, an attorney will be able to cross-examine witnesses against you and hopefully turn their testimony to your favor.

Law enforcement, local groups in full force this Fourth of July to prevent drunk driving

July 2, 2014 | 9:54 am


UPDATE: CCS Marketing Director and MADD Kern County board member Jorge Barrientos spoke with KERO-23 (ABC) News about driving sober and safe on the Fourth of July weekend. Watch the segment here.

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Fireworks, friends, flag-waving, food and family — those are usually the ingredients for a successful Fourth of July.

Many times, Independence Day festivities also include alcohol. The Bakersfield Police Department, MADD Kern County, and the Bakersfield personal injury law firm Chain | Cohn | Stiles are reminding Kern County residents to celebrate safely this year and always.

As Bakersfield Police states, the holidays can quickly turn from festive to fatal when people choose to drink and drive. In fact, during the Fourth of July holiday period in 2012, 78 people in the United States were killed in alcohol-related crashes.

To crack down on drunk driving locally, Bakersfield law enforcement will be having its Avoid the 18 DUI Task Force in full force. MADD Kern County, too, is sharing some tips and statistics to celebrate the Fourth safely. And the attorneys at Chain | Cohn | Stiles also share some safety tips.

AVOID the 18

The Avoid the 18 DUI Task Force aggressively targets those who put lives in danger. That means every Kern County law enforcement agency is ramping enforcement this Fourth of July, according to Bakersfield Police Chief Greg Williamson.

In short, those who drink and drive will be targeted for arrest in the “Drive Sober or Get Pulled Over” campaign, which means zero tolerance for drunk driving.

The Task Force will also be deploying officers to DUI saturation patrols. The California Highway Patrol, for example, will be deploying all available officers onto freeways and county roads for its “Maximum Enforcement Period.”

The reason is because more than 10,000 people were killed in drunk-driving crashes in the United States in 2012, representing a third of all crash fatalities, according to the National Highway Traffic Safety Administration. The Fourth of July holiday period is especially deadly — there were 179 people killed in crashes in 2012, and 44 percent of those crashes were alcohol-related.

In every state, it is illegal to drive with a blood alcohol concentration of .08 percent. According to FBI statistics, more than 1.28 million drivers were arrested for driving under the influence of alcohol or narcotics in 2012. Data also shows that 46 percent of young drivers, ages 18 to 34, were drunk while driving in fatal crashes over the July 4th period in 2012.

Motorcycle drivers represented the highest percentage of alcohol impaired drivers in fatal crashes. In 2012, 27 percent of the motorcycle operators in fatal crashes had a BAC of .08 or higher.

Aside from putting your life and the lives of others at risk by drinking and driving, Kern County police remind, driving impaired can also lead to other serious consequences. A DUI arrest can mean time in jail, loss of your license, and steep financial expenses — the average DUI costs about $10,000.

Local law enforcement recommends these simple tips to prevent drunk driving:

  • Plan a safe way home before the fun begins.
  • Before drinking, designate a sober driver.
  • If you‘re impaired, use a taxi, call a sober friend or family member, or use public transportation.
  • Use Designated Driver of Bakersfield as a sober ride program.
  • If you happen to see a drunk driver on the road, don‘t hesitate to Call 9-1-1.
  • If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to where they are going safely.

MADD on Fourth of July

In anticipation of the Fourth of July holiday weekend — one of the deadliest holidays for drunk driving crashes — Uber Technologies and Mothers Against Drunk Driving launched #UberMADD, a national partnership designed to prevent drunk driving.

Uber, which connects passengers with drivers of vehicles for hire and ridesharing services, recently launched in Bakersfield, and so has its competitor Lyft. To kick off the #UberMADD campaign, Uber will donate $1 to MADD for every ride taken and $10 for every new rider in the United States between 6 a.m. on July 4 and 6 a.m. on July 5, when riders use the promotion code “UberMADD.”

MADD also urges adults to plan ahead for a non-drinking designated driver if Fourth of July plans include alcohol.

In addition to the dangers posed by drunk driving on roadways, the U.S. Coast Guard reports that alcohol was the leading factor in boating fatalities last year, contributing to 16 percent of boating deaths. Whether you’re in a car or on a boat, the dangers of drinking and driving are the same, MADD shared.

“Have a plan, designate a driver and pay attention out there,” said Carla Pearson, program coordinator and victim advocate for MADD Kern County. “It’s also important for sober drivers to pay attention to their surroundings, too. Look out for each other. We don’t need any more lives lost.”

As a reminder, MADD Kern County and Chain | Cohn | Stiles are partnering with local law enforcement and other groups in the first-ever “Walk-Run Like MADD” 5K walk and competitive run. It’s aimed to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving crashes.

For more information on the event, which will be held Sept. 20, read a previous blog post here, or visit the main event webpage here.

Fireworks Safety

Like driving, alcohol and fireworks also do not go together. Bakersfield safety officials here warn that if fireworks are not set off properly, the results could be devastating.

Chain | Cohn | Stiles, with the help of Bakersfield Fire Department and Kern County Fire Department, has compiled several safety tips and advice for you and your pets this Independence Day.

Read them here.

And for media coverage regarding fireworks safety, read this article in The Bakersfield Californian.

MADD, Chain | Cohn | Stiles brings together Kern County residents for inaugural Walk Like MADD event to eliminate drunk driving

May 29, 2014 | 9:23 am


A 22-year-old respiratory therapist named Princess, who was the primary provider for her family. A 25-year-old pregnant mother-to-be. A 6-month-old daughter, and sister to a twin. What do all of these people have in common?

These are just some of the innocent lives taken away from Bakersfield this year at the hands of people driving under the influence. In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Department and California Highway Patrol statistics. In 2013, Kern saw 15 DUI-related fatalities. They are statistics, arrests and tragedies that could have been 100 percent preventable – choices were made by people to get behind the wheel while intoxicated. That decision affected entire families and communities.

In an effort to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving crashes, the Bakersfield/Kern County affiliate of Mothers Against Drunk Driving will host its first-ever “Walk/Run Like Madd” 5K at 6:30 a.m. on Saturday, Sept. 20, at Park at River Walk.

“This is our moment to say enough is enough,” said Carla Pearson, program coordinator and victim
advocate for Mothers Against Drunk Driving, Kern County. “We need to stop this madness on our
roadways.”

For Pearson, she knows too well the negative effects of drinking and driving. In 2002, her stepson, 23-year-old Adam Pierce, was killed by a repeat DUI offender. Following that tragedy, Pearson campaigned for victim’s rights in and out of the courtroom, and to take DUI offenders off of the streets. Her fight led to changes in California law in 2002 (Adam’s Law: AB 2173, VC 23593) that warned convicted DUI offenders that if they drove while drunk and someone died, they could be charged with murder.
Since 2011, MADD Kern County has assisted in more than 500 cases involving felony, injury and
fatal DUIs.

Today, Pearson is bringing the 5K walk and run to Kern County in hopes that local residents can help make a change in our community.

“The stories are still in the news, and we’re not getting it. Our community members are being killed by people’s wrong choices,” Pearson said. “We need to bring awareness. We need to make a change.”
Pearson is backed in this inaugural event by several local agencies including the Kern County District Attorney’s Office, Bakersfield Police Department, California Highway Patrol and sponsors including the Bakersfield personal injury law firm Chain | Cohn | Stiles.

Walk Like MADD events are taking place in cities across the country, but ths is a first for Bakersfield. Registration is $15 for those ages 5-21, and $20 for those who are 21 and older. Corporations and groups are encouraged to form teams of 10 or more, and are asked to raise $100 each through donations. The goal in this inaugural walk and run is to raise $25,000 locally.

Individuals can participate in Walk Like MADD in three ways:

1) You can register to walk as an individual or form a team.
2) If you unable to attend, you can sign up online to raise money as a virtual walker.
3) Or, you can give a one-time donation to Walk Like MADD.

To sign up, donate or for more information, go to the local walk-run portal HERE.

You can also Google “Bakersfield Walk Like MADD” or search on Facebook: “Bakersfield Walk Like MADD.”

For more local information on the walk-run, to get in touch with local victims and/or families of victims, or if you’re interested in becoming a sponsor, contact Jorge Barrientos at 661-334-4948, [email protected]

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ABOUT MOTHERS AGAINST DRUNK DRIVING
Founded by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving (MADD) is the nation’s largest nonprofit working to protect families from drunk driving and underage drinking. With the help of those who want a safer future, MADD’s Campaign to Eliminate Drunk Driving will end this danger on America’s roads. PowerTalk 21 is the national day for parents to talk with their kids about alcohol, using the proven strategies of Power of Parents® to reduce the risk of underage drinking. And as one of the largest victim services organizations in the U.S., MADD also supports drunk and drugged driving victims and survivors at no charge, serving one person every 8.6 minutes at 1-877-MADD-HELP. Learn more at www.madd.org or call 1-877-ASK-MADD.

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SOBERING FACTS

MOTHERS AGAINST DRUNK DRIVING

  • MADD is a nonprofit, grassroots organization with more than 2 million members and supporters nationwide.
  • It was founded in 1980 by a mother whose daughter was killed by a drunk driver.

DRUNK DRIVING IN BAKERSFIELD/KERN COUNTY

  • In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Deparment and California Highway Patrol statistics.
  • In 2013, Kern saw 15 DUI-related fatalities.

DRUNK DRIVING IN CALIFORNIA

  • In 2012, California saw 802 drunk driving fatalities where drivers had .08 BAC or higher.
  • That represents nearly 30 percent of all total traffic deaths, and a nearly 4 percent increase from the year before.

DRUNK DRIVING IN THE UNITED STATES

  • In 2012, 10,322 people died in drunk driving crashes nationwide – one every 51 minutes.
  • Drunk driving makes up one-third of all highway fatalities in the United States.
  • Almost every 90 seconds, someone is injured in a drunk driving crash.
  • One in three people will be involved in drunk driving crash in their lifetime.
  •  Teen alcohol use kills about 4,700 people each year, more than all illegal drugs combined.

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EVENT INFORMATION

WHAT: The Kern County/Bakersfield affiliate of Mothers Against Drunk Driving (MADD) hosts its signature “Walk Like MADD” 5K fundraising walk and run on Saturday, Sept. 20, at The Park at River Walk. Local families, friends and co-workers will walk to raise funds and show support for MADD’s “Campaign to Eliminate Drunk Driving.”

Funds raised through Walk Like MADD help further MADD’s life-saving mission and the Campaign to Eliminate Drunk Driving, which calls for such things as high-visibility law enforcement, ignition interlocks for all convicted drunk drivers and support for the development of advanced in-vehicle technology to prevent a drunk driver from operating the vehicle. Funds also support victims and survivors of drunk-driving crashes.

The timing for Walk Like MADD is significant because Bakersfield and Kern County have been host to one too many fatal DUI crashes in recent years.

WHEN: 6 a.m. Saturday, Sept. 20, 2014; Pre-walk remarks begin at 6:30 a.m.; Walk begins at 7 a.m.

WHERE: The Park at River Walk, 11200 Stockdale Highway in Bakersfield.

WHY: In 2014 thus far, Kern County has witnessed seven fatal crashes involving DUI drivers, according to Bakersfield Police Department and California Highway Patrol statistics. In 2013, Kern County saw 15 DUI-related fatalities. Nationwide, more than 10,000 people were killed in 2012 and another 345,000 people were injured in drunk-driving crashes.

VISUALS: Families of victims of drunk-driving crashes, supporters, law enforcement personnel and
other community members walking and running for the cause.

SIGN UP: Go HERE

CONTACT: Jorge Barrientos, Marketing Director: 661-334-4948, [email protected]

Cycle safe in May, National Bike Month

May 12, 2014 | 9:38 am


The weather is beautiful. Gas prices are sky high. It’s all the more reason to get out in May and celebrate National Bike Month in Bakersfield. But before you hit the road, keep in mind that May is also Bicycle Safety Month.

The National Highway Traffic Safety Administration has kicked off the “Be a Roll Model” campaign, aimed to encourage everyone to model safe behaviors to enhance the safety of all road users, including those who bicycle. The message: we can all play a part in being a “Roll Model” to decrease the risks of traffic crashes and preventable injuries and deaths.

The safety administration is inviting everyone to adopt this campaign to do the right (safe) thing when riding or driving around bicycles. Being a Role Model means:

  • Riding and driving focused, never distracted.
  • Riding and driving prepared; always expect the unexpected.
  • Putting safety first; we never know when a crash will occur, regardless of skill level or age; always wear a bicycle helmet when on a bicycle and a seat belt when in a car.
  • Following the rules of the road; a bicyclist is considered a vehicle on the road with all the rights on the roadway and responsibilities of motorized traffic.
  • Expecting law enforcement officers to monitor and address unsafe behaviors between motorists and bicyclists that put bicyclists at risk.
  • Sharing the road; both vehicle drivers (motorist and bicyclist) should look out for one another and show mutual respect.

National Bike Month is sponsored by the League of American Bicyclists and celebrated in communities from coast to coast, including in Bakersfield and Kern County. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling, and encourage others to giving biking a try.

The campaign is an opportunity to celebrate the unique power of the bicycle and the many reasons we ride, whether it’s biking to work or school, riding to save money or time, pumping those pedals to preserve your health or the environment, or simply to explore your community.

Closer to home, the California Highway Patrol is aiming to educate motorists, bicyclists and pedestrians about the rules of the road in an effort to reduce bicycle-involved collisions.

As of Sept. 16, California drivers will be required to give bicyclists three feet of clearance or slow down and pass when it would not endanger a bicyclist’s safety. The campaign suggests bicyclists wear a helmet and drivers wear a seat belt.

According to the National Highway Traffic Safety Administration, there were 142 bicyclists killed in California in 2011 and they accounted for five percent of the total collision fatalities in the state, The Bakersfield Californian reported.

And in March, according to The Californian, the California Household Travel Survey found that the number of California residents walking, biking or using public transportation in a typical day has more than doubled since 2000.

Also, Bike Bakersfield, a Bakersfield nonprofit bicycle advocacy group — whose mission it is to promote bicycling as a safe, fun and environmentally friendly means of everyday transportation — is hosting a number of events during Bike Month. For a list, go HERE.

At Chain | Cohn | Stiles, we believe in bicycle safety. In fact, several of the Bakersfield personal injury lawyers and employees at the law firm practice safety measures each time they hop on their bicycles.

Sadly, accidents still happen even after taking proper safety measures. We’ve developed a list of questions and answers related to bicycle accidents. If you are ever in a bicycle accident, be sure to keep these answers and tips in mind. And for more resources related to bicycle accidents, including more questions and answers, see our Frequently Asked Questions section HERE.

If I am injured while riding my bicycle, can I sue the driver that hit me?

Yes, as long as you can establish that the driver was at fault.

Can I still bring a lawsuit against the driver if I was doing something I was not supposed to, such as riding on the wrong side of the street, not wearing a helmet or not having proper lights or reflectors at night?

Yes. You can bring a lawsuit as long as you can prove that the driver or some other person or entity was at fault. The bicyclist has the same duties and responsibilities on roadways as a motor vehicle driver. Further, there are some additional special requirements for bicyclists. Adult bicyclists are not required by law to wear helmets, although a jury can still find you negligent for not wearing a helmet even if you are an adult. Further, not following the law by riding on the wrong side of the road or not having proper gear to ride at night can, and often will be found to be negligent behavior on your part. However, a bicyclist’s negligence does not eliminate their ability to sue another party; it simply reduces the recovery by the percentage of their fault.

 My child was injured or killed while riding his bicycle. What are our rights?

Children, particularly young children, are not held to the same standard of care for their own safety as adults. Thus, drivers must be more cautious when they know that children riding bicycles are in the area. Even if your child was negligent, you may be able to recover against anyone responsible for causing the accident, including the driver of the vehicle that hit your child.

 I was riding my bicycle when I rode over a pothole which threw me off my bike and caused a serious head injury. Do I have a case?

Yes. You have a potential case. If you can establish that public or private property was in a dangerous condition and that it was foreseeable that someone would be riding a bicycle over that property, you will be able to bring a case. However, to win the case you must prove that the possessor or owner of the property created, knew, or should have known, about the dangerous condition on the property and failed to repair or warn of the danger.

What damages are recoverable in bicycle accident cases?

A Plaintiff is entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant). If the bicyclist dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the bicyclist’s death as well as emotional distress damages which stem from the loss of society, care and comfort of the decedent. If the survivors can prove that the bicyclist lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.

How soon do I need to bring a case after a bicycle accident?

A Bicycle Accidents and/or wrongful death action, under California law, must be brought within two years of the date of the accident, if the accident occurred on or after January 1, 2003; and one year from the date of the accident if the accident occurred prior to January 1, 2003.

In cases against public entities, a claim must be filed against the public entity within six months from the date of the accident. If the plaintiff is a minor, a minor has until their 19th birthday to bring case unless there is a government claim in which a minor should bring the claim within six months of the accident, or one year at the latest.

Will my bicycle accident case settle and does it make a difference if I hire an attorney?

It is always a good idea to consult or retain an attorney in a bicycle accident case because there usually will be some questions of comparative fault. In addition, expert witnesses may need to be retained to reconstruct the accident and help determine responsibility for the accident.

Chain | Cohn | Stiles responds to Kern County District Attorney decision on Silva case

April 11, 2014 | 4:15 pm


Chain | Cohn | Stiles on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Stiles.

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April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Stiles and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

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Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death

Witnesses in CCS wrongful death case file lawsuit for cell phone seizure

March 26, 2014 | 11:12 am


Another lawsuit has been filed related to our wrongful death case against local law enforcement.

Five witnesses to the May 2013 confrontation between law enforcement and David Silva have filed a lawsuit in federal court, according to The Bakersfield Californian, alleging they were unlawfully detained and law enforcement improperly seized their cell phones they used to record the in-custody death.

After the witnesses recorded the incident, Kern County Sheriff’s investigators “continued to harass, threaten, intimidate, pressure” the witnesses until they received the cellphones used to take video, they allege.

Seven deputies and two California Highway Patrol officers confronted Silva outside of Kern Medical Center. Deputies used baton strikes on Silva, restrained him, and a police canine was also used and bit Silva several times

After Silva was custody, he experienced trouble breathing and died soon after. The beating to Silva, according to CCS complaint, ultimately resulted in his death.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of David Silva. And CCS Managing Partner David K. Cohn has spoken out against the officers’ alleged actions, too.

The case drew widespread media attention and concern throughout Kern County, the state and across the country. The New York Times and Los Angeles Times were among dozens of media outlets that covered the case.

Kern Sheriff Donny Youngblood asked the FBI to conduct a parallel investigation into the case after the incident. And the case in ongoing.