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California Truck Accident Kills One

California news reports that a big rig accident over the weekend killed a truck driver.  According to sources, the driver was killed after the 18-wheeler crashed at about 8:05 p.m. as it was entering Harbor Scenic Drive in Long Beach.   The truck hit the south curb, swerved into the center median and hit a pillar.  The tractor flipped over, causing the fuel tank to explode into a ball of fire.  The driver was killed at the scene.  

California big rig crashes are some of the nations most deadly forms of transportation incidents.  Due to an 18-wheeler’s size, once a driver loses control of the truck, it may be hard to contain the damage.  If you or a loved one has been injured in a trucking accident, it is critical to consult with a skilled Sacramento truck accident attorney right away.

While this accident remains under investigation, it is important to bear in mind a few tips for sharing the road with big rigs. 

Truck drivers have a responsibility to drive safely and with care, however other drivers on the road also need to be aware of special considerations concerning trucks in order to avoid catastrophic injuries. It is often the unanticipated actions of automobiles, which set into motion truck and car collisions. In fact, one of the top reasons behind truck/car accidents is the car driver either making a driving error or changing lanes abruptly without providing trucks adequate time or space to adjust their path.

Other potential problems arise from following a truck too closely, driving in a truck’s blind spot and distracted driving. Studies indicate that car drivers fail to understand both the difficulty of maneuvering a truck and the potential for grave consequences when car drivers make seemingly small driving errors. For more information or if you or a loved one has been injured in a California big rig accident, please contact the top Sacramento big rig accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

San Francisco International Airport Issues Release About Asiana Accident

Officials have released a statement concerning last summer’s Asiana Airlines crash at San Francisco International Airport that killed three people and injured more than 180.  According to the press release, the airport gave itself high marks in many different areas including a strong sense of shared goals among those who responded to the accident. 

The incident has been under scrutiny to determine whether negligence played a role in the accident.  Here the investigation continues, and no findings of negligence have been made.

However, in situations where negligence or recklessness leads to a fatality, surviving family members may be able to file a wrongful death lawsuit.    A wrongful death lawsuit is similar to a personal injury claim but is filed by the family members of the deceased.   Generally, a wrongful death claim may be brought in any type of accident that results in death.  Recovery may include:

  • Medical costs 
  • Funeral expenses 
  • Punitive damages for death by negligence 
  • Loss of love Loss of companionship 
  • Loss of the moral support of the decedent 
  • Loss of the financial support or household services which you would have received from the decedent

For more information concerning wrongful death claims and when it may be possible to file such action, it is critical to speak with a knowledgeable California wrongful death attorney

While the airport did find areas for improvement such as the need to have more integrated and coordinated medical resources and procedures, it did not mention any findings concerning the death of a passenger who survived the crash, but died after a San Francisco fire truck ran over her en route to put out a fire on the plane. 

If you have questions about wrongful death or personal injury lawsuits, please contact an experienced Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for an immediate consultation.

BART Operator In Fatal Railway Accident Was A Trainee

A report issued following the recent fatal Bay Area Rapid Transit (BART) accident reveals that the driver was still a trainee and not certified to drive the train.  According to an investigator for the National Transportation Safety Board, the man who was operating the train that killed two workers inspecting a section of track, was taking a “training and maintenance run” when the accident occurred.  Sources say that unions for the striking workers had warned that it would be dangerous for inexperienced operators to drive the trains after a representative of BART had stated it would train drivers to provide shuttle services during the railroad workers strike.  This finding will likely lead to additional questions such as whether the railroad was negligent or could be held liable in a California wrongful death action. 

Whenever a serious personal injury accident occurs, several questions concerning liability, negligence and cause arise.  While major transportation accidents often involve the NTSB, it is also important for an injured party or their family members to consult with an experienced Sacramento personal injury attorney who can begin an investigation into the incident on their behalf.  A skilled California accident attorney can look at all of the factors that cause or contributed to a particular incident and help you determine your next steps.  

For example in this instance one issue that may arise is whether the railroad was negligent in allowing the trainee to drive the train and whether this negligence was the cause of the workers’ deaths. If so, the railroad may be liable and responsible for damages. Further, railroad workers are one of the few types of employees not covered by traditional state worker’s compensation. However, the workers and their families may receive workers’ compensation benefits through different systems such as the Federal Employers’ Liability Act, also called the Railroad Workers Act. This act permits railroad workers not covered by their state’s workers’ compensation system to sue their employer for their industrial accidents and recover damages such as medical treatment and lost wages, and can also include pain and suffering damages. Many issues are raised whenever an individual suffers a serious personal injury or dies as the result of another’s negligence.

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

Venice Beach Boardwalk Accident Blamed On Mechanical Problems

Months after the horrific boardwalk car accident that killed an Italian newlywed, a representative of the driver has stated that the driver never intended to harm anyone. He explains that this was not an intentional act, it was a “horrendous accident” that may have been the result of mechanical problems. 

 Prosecutors have claimed that it appeared that the car's driver had been aiming for pedestrians while driving down the popular boardwalk at speeds of up to 20 miles per hour as people screamed and scrambled to get out of the way.

However, the latest information asserts that the car was not in perfect working order, and that “There's much more to this story."

If you or a loved one has been injured in any type of car accident, it is important to consult with a top Sacramento personal injury attorney right away.    Often, a skilled accident lawyer can begin an investigation into an incident and uncover several different factors that may have caused or contributed to the accident.  Because California is a contributory negligence state it may be possible to recover compensation from various different sources.   

In this instance, if mechanical issues were to blame – even partially – injured parties may be able to recover damages in a negligence or wrongful death action.   Further, it is important to remember that often both civil and criminal cases may arise out of car accidents – especially where reckless driving or drunk driving may be involved.  In these instances the determination of guilt in one proceeding may be used as evidence in the other. 

For more information about car accidents or if you or a loved one has suffered a serious personal injury, please contact a top Sacramento personal injury lawyer  at the Law Offices of Frederick J. Sette for an immediate consultation.  

Evidence Suggests Truck Driver To Blame In San Francisco Bike Accident

San Francisco news has reported that a surveillance video shows that the driver of a truck may be responsible in last month’s bicycle accident at the intersection of Folsom and Sixth streets. The accident killed Amelie Le Moullac, a young cyclist on the way to work.  Video of the driver of a food delivery truck shows that he made critical errors and may have been driving too fast to safely make the turn.  According to a representative, he failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn."  

The family is considering filing a wrongful death lawsuit as a result of the accident.  A wrongful death lawsuit is similar to a personal injury lawsuit but is brought by the surviving family members of an individual killed as the result of the recklessness or negligence of another.  If you have lost a loved one as the result of the actions of another, it is important to consult with a top Sacramento wrongful death attorney right away.  A skilled wrongful death attorney can begin an investigation into all of the factors that may have lead to an incident.  In this instance, the bicyclist was initially blamed for her injuries.  However, a member of the bicycle coalition uncovered surveillance video that shows that although the truck had its blinker on, Le Moullac was right next to the cab and couldn't see it.

Further, the truck driver’s speed made it impossible for him to to safely make the turn.  Reports also reveal that the truck driver failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn.  In a statement following the announcement of the wrongful death lawsuit, the trucking company noted "Daylight Foods deeply regrets that one of its trucks was involved in a fatal accident, and we extend our sincerest sympathies to Amelie Le Moullac's family and friends. Daylight Foods takes traffic safety very seriously, and we are deeply saddened by this tragedy.”

For more information or if you or a loved one has suffered a serious personal injury, please contact the top Sacramento wrongful death lawyers at the Law Offices of Frederick J. Sette for an immediate consultation.

San Jose Hit-and-Run Collision Kills Two

San Jose authorities are searching for a driver in a suspected hit-and-run accident that occurred early this morning.  The head-on collision killed two women.  Reports indicate that the women were riding in a Toyota Yaris and had taken a left when someone driving a Mercedes sedan slammed into the front of the car.  Just a few minutes earlier police had attempted to pull over the Mercedes sedan after they had seen it driving erratically.   The vehicle drove rapidly through a red light, turning left onto First St., at which point the officers decided not to engage in what they said would have been a risky pursuit on city streets.

If you or a loved one has been injured in any type of car accident – including head-on collisions – it is important to consult with a skilled Sacramento car accident attorney right away.  A knowledgeable car collision attorney can begin an investigation into all of the factors surrounding your case and help ensure you get the compensation you deserve.

The tragic deaths of the two women in this instance was compounded by the fact that the responsible driver fled the scene.    Most states including California require that a driver stop as soon as is safe following an accident.  California Vehicle Code Sec. 20001 provides that any driver regardless of fault must stop after an accident that involves property damage or personal injury and exchange identifying information.   In the event you are not the owner of the car, you must also provide the name and address of the registered owner. 

However, despite laws requiring drivers to stop, people may still flee the scene of an accident for a variety of reasons.  Many times, individuals simply panic and don’t know what to do.  They may be scared, but then later contact the authorities to report an accident.  Other times, a hit-and-run accident may be the result of drunk driving.  In these situations a driver may fear arrest and fail to stop, making the situation and potential penalties even worse.  Whatever the motivation, it’s always better to stop than to flee the scene of an accident.

In this instance, the driver fled on foot.  Police continue their investigation.

For more information, please contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate consultation.

Sacramento Man Dies In Motorcycle Accident

California news reports that a Sacramento man has died in an Elkgrove motorcycle collision. The accident occurred when the 63-year-old man riding the motorcycle collided with the side of a minivan at the intersection of Elkgrove Boulevard and Bradshaw Road. The man died at the scene from injuries sustained in the motorcycle crash. The driver of the minivan, a woman, received minor injuries in the accident. The children who were passengers in the van were not injured. While the motorcycle accident remains under investigation, no indication exists that alcohol or any other substance was a factor in the collision.

If you or a loved one has been injured in a California motorcycle accident or other type of motorvehicle crash, it's a good idea to consult with an experienced Sacramento accident attorney right away. A skilled Sacramento personal injury lawyer can begin an investigation into all of the factors surrounding a particular incident and ensure you receive all of the compensation you are entitled to. Even where an injured party is partly at fault for an accident, under California's comparative negligence law it may be possible to recover damages.

This accident serves as a tragic reminder about motorcycle safety and precautions all drivers and riders should keep in mind. Statistics reveal that more than 100,000 motorcycle accidents occur each year. Further, more than two-thirds of deaths from motorcycle accidents involve motorcycle collisions with another car on the road - often because the car doesn't see the motorcycle at all or is unable to avoid the crash once they do see the motorcyclist. Whether the minivan didn't see the motorcyclist is certainly an issue raised by this accident.

In an effort to improve safety on the road and prevent more serious motorcycle accidents and deaths, the National Highway Traffic Safety Administration (NHTSA) has created rider safety initiatives including:

• Don't forget your helmet. Despite California's mandatory helmet laws, many motorcyclists leave their helmets at home. This is a big mistake - wearing a helmet is the number one way to prevent serious injuries and deaths. NHTSA statistics reveal that in 2008 (the latest years' statistics available), more than 1800 lives were saved as the result of wearing a helmet.

• All drivers need to share the road - whether your driving a car, operating a motorcycle or riding a bike - everyone has the same rights and privileges to use California's roadway.

• Avoid "distracted driving." Anyone operating any type of motorvehicle whether a car, truck or motorcycle should avoid "distracted driving" and put away his or her cell phone.

• Don't drink and drive. Just as in drunk driving car accidents, alcohol plays a large role in motorcycle fatalities. Alcohol affects those skills essential to riding a motorcycle - balance and coordination - which contributes to statistics showing that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads.

For more information, or if you or a loved one has been injured in a Sacramento motorcycle accident, please contact a dedicated Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for an immediate consultation.

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.

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.

Every 46 Minutes A Child Suffers A Bounce House Injury

A new study published in the most recent issue of Pediatrics reveals an alarming statistic: Bounce houses injure a child every 46 minutes. The number of injuries from inflatable bouncers - including moonwalks, castles and bounce houses - has increased by 15 times since 1995, causing 5+ injuries per every 100,000 American children.

Just a few months ago a similar warning was issued by the American Academy of Pediatrics (AAP) concerning at home trampoline use. In September, AAP issued a statement discouraging the recreational use of trampolines, stating the activity "poses a major injury risk for kids and there's no clear way to reduce chances of getting hurt."

If you or a loved one has been injured on while on a trampoline or bounce house, it's a good idea to consult with an experienced Sacramento personal injury lawyer. Depending on the circumstances of your matter it may be possible to recover compensation for your injuries through a negligence lawsuit based on product liability, premises liability or other theory of recovery.

Like bounce house injuries, trampoline injuries occur far more frequently than many people imagine. According to the study in 2009, the last year of available data, trampoline injury rates were 70 injuries per 100,000 children ages 0- to 4-years-old and 160 injuries per 100,000 5- to 14-year-olds, for a total of 98,000 injuries that year. Older kids were more likely to use a bicycle or other unsafe equipment on the trampoline, while young children under the age of 6 were most likely to get hurt. Between three percent and 14 percent of the injuries required hospitalization.

"Unfortunately, the very forces that make trampoline use fun for many children also lead to unique injury mechanisms and patterns of injury," the statement's authors write.

Trampoline and bounce house injuries include:

• Fractures 

• Dislocations

• Sprains and strains

• Broken bones

• Head and neck injuries

• Spinal cord injuries

The most serious injuries often result from failed attempts at somersaults and flips while bouncing, sometimes resulting in lifelong injuries.

A director of the bounce house study noted: "It is time for us to take action to prevent these injuries ... Ensuring that parents are aware of the potential risks, improving surveillance of the injuries, developing national safety guidelines and improving bouncer design are the first steps."

"Because children are the end users and because companies typically do not provide the supervision on rented inflatable bouncers, the burden of safety falls ultimately on the parents' shoulders." Further while bouncers can be fun and safe when used properly, "Parents should be familiar with the risks and dangers and should receive proper supervision instruction."

For more information about bounce house or trampoline safety, or if you or a loved one has been injured while on a trampoline or bounce house, please contact an experienced Sacramento personal injury attorney at the Law Office of Frederick J. Sette for an immediate consultation.