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New California Laws Take Effect For 2013

With the New Year upon us, Californians need to be aware of several new laws that have now taken effect. The nearly 800 new 2013 laws are wide ranging, and cover areas as diverse as drunk driving to sales tax hikes. If you have questions about any of the new laws and how they may affect you, it's a good idea to consult with a knowledgeable Sacramento personal injury attorney to answer your questions and give you the guidance you need regarding California laws.

A number of the new laws involve cars and drivers. For example drivers will now be allowed to provide proof of car insurance via cell-phone or other electronic device. This eliminates the requirement that you carry proof of insurance in the car.

Another law, SB 1303 concerns red-light cameras. As of 2013, law enforcement may not use red light cameras primarily as a way to raise revenue. The law makes it easier for California drivers ticketed as the result of evidence collected by a red-light camera to challenge the citation.

Drivers will also be allowed to take advantage of advances made in technology. AB 1536 allows California drivers to send, dictate and listen to text-based messages while driving as long as they use voice-command or other hands-free technology.

Another significant law is AB 45 - named after 19-year-old Brett Studebaker of San Mateo, who died in 2010 after drinking on a party bus and crashing his own vehicle while driving home an hour later. It holds party bus operators to the same standards as limousine drivers, making them legally responsible for drinking by underage passengers.

Other laws to take effect in 2013 involve worker's rights when they've been injured. In 2012 California lawmakers worked hard to overhaul the California's public pension and worker's compensation system. As a result of legislative hard work, SB 863 increases the amount of money available to employees who suffer permanent disabilities as the result of job-related accidents by $740 million. Depending on the particular circumstances, on-the-job injuries can be covered by Workers' Compensation laws, by tort law or by both. An experienced personal injury attorney can decide on the most productive way to approach your case.

Although workers compensation benefits are often lower than those obtained in a civil lawsuit (such as a claim for negligence) with the increased amount of money set aside for on the job accidents, hopefully the recovery obtained by those injured will increase.

Other laws adopted include the following:

• Some undocumented immigrants may be able to obtain driver's licenses and qualify for California college financial aid. This includes individuals who came here as children and who were given work permits by the Obama administration.

• Banning individuals from carrying unloaded rifles and shotguns in public and urban areas.

• Regulated and licensing certain "microbrews" aged in wood barrels as beer throughout California. 

• Attempts to make stadiums and sports arenas safer (in response to the horrible personal injuries suffered by Brian Stow) by requiring arena management to post contact information for security personnel that is visible from seating and parking areas so help can be summoned quickly when injuries or violence occurs.

These are but a few of the hundreds of new laws that took effect Jan. 1.

For more information or if you have questions contact the experienced California personal injury lawyers at the Law Office of Frederick J. Sette for an immediate appointment.

Weather Implicated In Fatal West Sacramento Bike Accident

Sacramento news reports that a Sacramento man died following a fatal car vs. bicycle accident on West Capitol Avenue in West Sacramento early last week. According to reports, both the vehicle and the bicyclist were travelling eastbound along the 2000 block of West Capitol when the collision occurred. The bicyclist swerved to avoid a large puddle and veered into the number two lane of traffic. The Sacramento man was then hit by a car. The bicyclist suffered major head trauma and was pronounced dead at the scene. Although the accident remains under investigation, weather conditions have been cited as a possible contributing factor whereas speed and alcohol do not appear to be involved.

If you or a loved one has been injured in a Sacramento bicycle accident, it is important to seek the advice of a Sacramento bicycle accident lawyer right away. Many times, it may be possible to recover compensation for your injuries. Types of damages include medical expenses, lost past and future wages, pain and suffering and emotional distress. An experienced Sacramento bike attorney can review your case and provide critical advice concerning your next steps.

While not all bicycle accidents and injuries from bicycle accidents can be avoided, several tips exists that may help improved the safety of California's roadways.

Some of these tips include:

For Bicyclists

• Always wear a helmet. Your chances of sustaining a life threatening injury or serious brain injury significantly decrease if your head is protected.

• Obey the rules of the road. Light signals and traffic signs apply to bicyclists as well as motorists. Use signals to alert motorists to your movements.

• Be on the look out for cars in driveways, cross streets and parking lots.

• Ride as if you're invisible. In other words, ride in such a way that motorists won't hit you even if they don't see you. By riding in such a way that a car has to see you to take action to avoid hitting you (e.g., by their slowing down or changing lanes), then that means they will definitely hit you if they don't see you. But if you stay out of their way, then you won't get hit even if they didn't notice you were there.

For Motorists

For their part, motorists need to learn to share the road with bicyclists and to do their best to anticipate bicyclist's movements. In car v. bicycle accidents, generally bicyclists sustain the most significant injuries. To avoid substantial injuries, drivers must use common sense and provide sufficient room for bicyclists to maneuver.

While not all car/bike accidents can be prevented, with care on the part of motorists and bicyclists California's roads can become safer for all.

For more information or if you or a loved one has been injured in a Sacramento bike accident, contact the top Sacramento bike attorneys at the Law Office of Frederick J. Sette for an immediate consultation.

Drug Counselor Accused Of Drunk Driving In Fatal Pedestrian Accident

California news reports that a the driver responsible for killing a pedestrian in a California drunk driving accident was a drug counselor at a Torrance treatment center. The suspect, Sherri Wilkins, tried to help others deal with the addiction she had "tried to put behind her."

According to the Los Angeles Times, the pedestrian accident occurred when Wilkins allegedly hit a man while she was driving under the influence on Torrance Boulevard. After she struck man, she continued to drive for more than two miles with the victim embedded on her windshield.

The victim, Philip Moreno, still had a pulse when the police officers arrived, but died shortly thereafter at a nearby hospital. Wilkins' blood alcohol content was more than double the legal limit of 0.08. She was subsequently arrested on the suspicion of driving under the influence and manslaughter.

This accident is a tragedy for all involved.

If you or a loved one has been injured in a drunk driving accident, its important to seek the advice of an experienced Sacramento personal injury attorney at once. Where a drunk driving accident leads to an injury, the driver may face at least two separate and distinct legal proceedings. First, the driver may face criminal charges and penalties as the result of a DUI. Additionally, in a personal injury accident the victim may be able to recover damages in a civil lawsuit. Where a wrongful death occurs, the victim's family may be able to recover compensation in a negligence lawsuit. Talking to a skilled Sacramento injury lawyer as soon as possible after an accident is important to determine your rights and protect your interests in the event you are interesting in pursuing a civil lawsuit for damages.

While filing a lawsuit after a tragedy may be the furthest thing from your mind - often the costs associated with a significant personal injury or death can be substantial.

In many situations it may be possible to recover substantial compensation to offset these costs such as:

• Medical expenses

• Current and future wages

• Pain and suffering

• Emotional distress

Sometimes where the negligent actions are particularly reckless it may be possible to recover punitive damages.

Here details from the pedestrian accident are slow to emerge. Wilkins allegedly panicked after hitting Moreno and kept driving. Other drivers somehow managed to stop Wilkins and grab her keys several blocks later at 182nd Street and Crenshaw Boulevard. Wilkins told police she was on her way home from work at the time of the crash however officials from the treatment facility said they were closed at the time of the incident.

Sadly, Wilkins had been on the road to recovery when the accident occurred.

For more information or if you or a loved one has been injured in a drunk driving accident, contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate appointment.

Zoo Reportedly Followed All Precautions In Tragic Wild Dog Mauling Accident

A preliminary investigation into the accident that claimed the life of a young boy reveals that the zoo met or exceeded all safety requirements for animals and visitors, proving that no exhibit is "fail-proof" as explained by the zoo's president. The horrific accident occurred after the boy fell into an African wild dog exhibit. Although nearby staff responded "within seconds," it was too late to save the boy.

The zoo has been open since 1898 and this was the first time there's been a "visitor incident of this magnitude." The incident occurred after the boy's mother put him on a wooden railing on the edge of a viewing deck. The boy fell and bounced of the netting intended to catch him. He then dropped into the enclosure holding the dogs.

Initial reports reveal no signs of negligence - the Pittsburgh Zoo had successfully completed its five-year review in September and the U.S. Department of Agriculture had inspected zoo recently and found it safe.

Fortunately, incidents like these are rare and show the need to follow strict safety precautions on both the part of the owner/operator of the zoo as well as the patrons. Many times attending an event - whether going to the zoo where there are dangerous animals, spending the day at an amusement park riding rollercoasters or attending a baseball game with the hopes of catching a foul ball - involves a certain amount of risk taking and danger.

Whether the amount of risk you are exposed to is "reasonable" is often a legal question. If you or a loved one has been hurt as a patron, it's important to consult with an experienced Sacramento personal injury attorney. Often, determining whether you may be entitled to compensation involves a complicated analysis of the risks involved, the warnings provided and other factors.

Where an unreasonably dangerous condition exists that an owner or operator knew of or should have known of but failed to either correct or provide sufficient warning, they may be held liable for damages in a "premises liability" lawsuit.

However, in many situations the "danger" is part of the fun - such as amusement park rides where you expect to be frightened and thrilled, just not hurt. California law continues to grapple with the scope of the "assumption of risk" defense - that is where a patron "assumes the risk" of injuries from the inherent risks of an activity.

Where an owner/operator takes steps to eliminate dangers and warn of potential risks, the injured party may face challenges recovering compensation for injuries resulting from a dangerous activity. Alternatively, where an owner/operator allows an unreasonably dangerous condition to exist, they may be held responsible for harm that occurs and required to pay damages.

In the zoo instance, initial reports suggest that this was simply a tragic accident. Other zoos and exhibits are sure to examine just what happened in an effort to prevent other such incidents from occurring again.

For more information about premises liability or dangerous conditions lawsuit, contact the top Sacramento negligence attorneys at the Law Office of Frederick J. Sette for an immediate consultation.

Website Sued For Negligence For Role In Cyclist's Death

The family of an Oakland man killed in a bicycling accident while speeding down a hill in Berkeley's Tilden Park has filed a negligence lawsuit against a well-known bicycling website, Strava. According to reports, William "Kim" Flint died after trying to keep his time record for racing down the hill. Flint was biking down the hill at about 40 miles per hour. He was fatally injured after he suddenly braked to avoid a car and flipped over.

If you or a loved one has been injured in a bicycle accident, its important to seek the advice of an experienced Sacramento bicycle attorney right away. If you have suffered serious personal injuries, it may be possible to recover damages for your harm. Typical bicycle injuries may include:

• head and neck injuries

• spinal cord injuries

• brain injuries

• broken bones

• road rash

In the event of a fatal accident, a surviving family member may be able to file a wrongful death lawsuit. Negligence and wrongful death suits are based on the legal concept that the careless or reckless conduct of anther person or entity lead to another person's harm, or in this instance, death.

Here, the family has filed a negligence claim against the Strava website based on its actions in encouraging bicyclists to bike too fast. The Strava company hosts virtual races and rewards winners who use a GPS system that track their own time and that of competitors. Flint died after he learned someone on the site had beat his time, and he went out to try to reclaim the title. However, Strava failed to inspect the courses or otherwise ensure that they are safe. A representative noted, "They assume no responsibility. They don't put cones out. They don't have anybody monitor and see whether a course, or a specific segment, is dangerous."

If Strava knows or should have known that the course was dangerous but failed to remove it from the site, they may be held liable.

Even if Flint is held partly responsible for his death, his family still may be able to recover damages for his injuries. California is a comparative law state, which means that an injured party (or in this instance the surviving family members) can recover damages for harm caused - even if they are partly to blame. The amount recovered would be reduced by percentage of the injured party's fault.

This bicycle accident is not the only high profile bicycle accident case linked to Strava. Strava has also been implicated in the recent Castro pedestrian death. According to sources, the cyclist who hit the pedestrian was tracking his time on Strava.

For more information about negligence or wrongful death lawsuits, or if you or a loved one has been injured in a Sacramento bicycle accident, contact the top Sacramento bike accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

California Woman Awarded $2.5 Million In Negligence Lawsuit

News from Martinez, California reports that a woman has received a $2.5 million jury award in a negligence lawsuit filed after the women choked on a chicken bone. The woman was eating at a Round Table pizza restaurant and choked on a 1.2 inch bone left in her barbecue chicken pizza. As a result of the incident, she required more than 11 surgeries and spent several months on feeding tubes and liquid diets.

If you have suffered any injury that you believe may be the result of another's negligence, it is important to speak to a Sacramento personal injury lawyer to determine your next steps.

Lawsuit based on negligence arise out of the general premise that people, companies or even governmental body should exercise reasonable care in their actions. If they fail to exercise reasonable care and their actions cause foreseeable harm, then the may be held responsible for any damages caused and be required to pay compensation.

A Contra Costa County jury determined that the franchisee for the South San Francisco Round Table, Foster Poultry Farms and Pizza Bytes, was negligent in allowing bones in the chicken. Reports indicate that between 2005 and 2010, more than 200 customer complaints were issued about bones in the chicken strips.

$2 million of the award is for pain and suffering and $500,000 is for past and future medical expenses. 

For more information about negligence lawsuits or if you believe you have been injured due to another person's negligence, please contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate consultation.

California Boating Accident Leads To Safety Investigation

After the sailing tragedy that claimed the lives of five people off the coast of San Francisco, the U.S. Coast Guard, U.S. Sailing, the survivor and many others are calling for the consideration of greater California boating safety measures. A series of powerful waves thrashed the vessel earlier this month as it rounded a rugged island chain during the Full Crew Farallones Race off San Francisco, sweeping crew members overboard into the frigid Pacific and tossing the boat onto a rocky shoal.

The U.S. Coast Guard has ordered yacht racers and other boaters to "stand down" as a result of this fatal accident, as well as a previous accident two weeks ago that resulted in significant personal injuries. The Coast Guard has stopped issuing permits for ocean racing pending results of the boat accident report, stating, "This temporary safety stand-down from offshore racing will allow the Coast Guard and the offshore racing community to further our common safety goals." "I don't think it's necessarily a bad think for everybody to take a breath and see what can be done. We want to be sure our races are as safe as possible."

One of the survivors, Bryon Chong of Tiburon, agrees, stating that the five crew mates who died might have been saved had they worn safety harnesses. In a letter posted to the website Sailing Anarchy, Chong writes that he and the seven other sailors aboard the 38-foot (11.6-meter) Low Speed Chase should have been tethered to the boat.

"Hopefully, this incident will spur a wider discussion on sailboat safety," Chong concludes.

Boat accidents can arise in a variety of manners - from recreational boating, to slips and falls on cruise ships, to serious accidents involving boat races. Different boating laws and safety measure apply to each type of circumstance. It's important to consult with an experienced California boating lawyer who has in-depth knowledge of the particular involved in your circumstance.

For more information about boating safety or if you or a loved one has been injured in a boating accident, contact the Sacramento boating lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

Fresno Teacher Awarded $11.5 Million After Truck Accident Causes Brain Injury

California news reports that a jury has awarded a Fresno teacher has been awarded an $11.5 million personal injury verdict as the result of injuries she sustained in a freak car accident. Susan Reyes, a Fresno schoolteacher, was hit in the head by a "hunk of iron" that flew off of a truck on Highway 99. Reyes incurred significant brain injuries as the result of the truck accident including short-term memory loss and severe headaches. She also suffers from chronic seizures. According to the personal injury lawsuit, Reyes has lost her drivers' license and was unable to continue working as a special assignment teacher with Fresno United school district.

If you have been harmed in any type of personal injury accident, it is important to consult with an experienced California personal injury lawyer right away to answer your personal injury questions and determine your right to compensation. In many situations, more than one cause may contribute to an accident. A knowledgeable Sacramento accident lawyer can conduct a thorough investigation into all possible factors in order to ensure you receive the compensation you are entitled to.

Here, evidence at the trial revealed that Reyes was driving through Bakersfield and was following a big rig owned by Lion Raisins. The truck trailers had cables that held empty wooden bins in place. An accident investigations determined that after the truck's load shifted, a corner iron flew off the truck, likely hitting the pavement then catapulting through Reyes' windshield and into her "right skull and brain." As the result of the accident, Reyes lost control of the car and ended up in the median. She required emergency surgery to stay alive.

Reyes suffered a traumatic brain injury that has led to personality changes and "serious behavioral impairments."

The verdict represented compensation for past and future earnings, past and future medical expenses, and pain and suffering.

If you have been injured in any personal injury accident, including a car accident, bus accident or truck accident it is important to obtain the compensation you deserve. For more information, contact the dedicated Sacramento accident attorneys at the Law Office of Frederick J. Sette for a free, confidential consultation.

Party Bus Company Sued Following Drunk Driving Accident

News reports that a Menlo Park man who suffered serious personal injuries in a drunk driving accident has sued Hobo Limousines, Inc. for it's role in providing a "party bus" that allowed minors to drink for 4-hours during a "booze-cruise." In February 2010 after a 21st birthday celebration aboard a party-bus, a minor - 19-year-old Brett Studebaker - got behind the wheel and crash into a car driven by Gregory Hinman. Studebaker died in the drunk driving accident and Hinman suffered permanent brain damage and broken bones.

As a result of the crash, Assemblyman Jerry Hill has proposed legislation making drivers, companies and riders responsible for preventing underage drinking on party busses.

In many situations, more than one party may be at fault for causing an accident. If you or a loved one has been injured in a car accident it is important to consult with an experienced Sacramento personal injury attorney to begin an investigation into all of the causes of a particular incident in order to ensure you obtain all the compensation you deserve.

Here, the parties dispute who is at fault for the underage drinking. The company asserts that the people onboard were drinking prior to getting on the bus, but not during the ride, and that parents signed a contract agreeing that minors wouldn't be drinking. Conversely, the parents of Brett Studebaker blame the company asserting that it's the driver's responsibility to ensure that no minors were drinking while on the party bus and that the driver added to the drinking by providing a bottle of champagne.

Because California is a comparative law state, each party who has caused or contributed an injury may be held responsible. Where more than one defendant is found to blame, each party may be held liable for a percentage of the total.

This accident is a tragic reminder of the dangers of drinking and driving. What was meant as a celebratory party ended in heartbreak for two families.

For more information or if you or a loved one has been injured in a car crash or any other type of personal injury accident, contact a dedicated Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for a free, confidential consultation.

Driver Distracted Moments Before Fatal Shuttle Bus Crash

San Francisco news reports that distracted driving may be a substantial factor in the University of California San Francisco (UCSF) shuttle bus crash that killed a passenger. Reports indicate that the driver, Wallace Richardson, may have been distracted by a conversation with the man who died in the accident. As a result of the crash, Dr. Kevin Mack died from serious injuries sustained after being thrown from the vehicle.

The shuttle bus accident occurred moments after Richardson was engaged in a conversation with Mack. According to reports, Richardson was talking with Mack then subsequently ran a red light. The shuttle bus then collided with a big-rig truck. The truck driver tried to avoid the accident by slamming on the brakes, but wasn't able to stop the semi from crashing into the shuttle bus.

If you have been involved in any motorvehicle accident it is important to consult with an experienced Sacramento injury attorney to discuss your rights and determine your next steps. In many situations, it may be possible to obtain compensation for your injuries.

The shuttle involved in this accident did not have seat belts however none were required by law. Whether factors other than driver error played a role in causing the accident or impacting the extent of the injuries will be investigated.

In any personal injury accident more than one factor may be to blame. Under California law, where more than one person is responsible for causing an injury, each person may be responsible for paying damages based on their percentage of fault.

An experienced accident attorney can make an investigation into each factor and ensure you receive the compensation you deserve.

For more information or if you or a loved one has been injured in an Sacramento automobile accident, contact the knowledgeable Sacramento personal injury lawyers at the Law Office of Frederick J. Sette for a free immediate consultation.