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.
The Marin Independent Journal reports that a 71-year-old San Bruno man was killed in a fatal pedestrian bicycle collision last week at the intersection of Castro and Market Streets in San Francisco. The bicyclist who ran into the pedestrian was returning from a Marin Headlands group ride. Online messages suggest that the man may have been speeding down the hill just before the bike accident occurred.
If you have been injured as the result of a bike accident or pedestrian accident, or you have lost a loved one in a fatal collision, it is important to consult with an experienced Sacramento bike accident lawyer to protect your rights and determine your next steps. Although in some instances accident simply happen and no one is at fault, where another person's careless and reckless actions cause you harm, it may be possible to recover compensation.
Here, the investigation into the accident continues. Reports indicate that the San Bruno man was in the crosswalk when the accident occurred, and both him and the cyclist were taken to the hospital with injuries. The cyclist was treated for non-life threatening injuries and released. Newspaper accounts provide that police are looking into whether the bicyclist ran a red light and will be meeting with the District Attorney's office to determine the next steps. Further, the pedestrian's official cause of death has not yet been determined.
While bicyclists are often the victims of tragic accidents, especially when cars and trucks fail to share the road, it is important to remember that bicyclists can also cause serious accidents if they fail to pay attention to the rules of the road or ride recklessly or carelessly.
For more information about bicycle accidents or pedestrian accidents, or if you have been suffered serious injuries in any type of transportation accident, contact the top Sacramento personal injury lawyers at the Law Office of Frederick J. Sette for an immediate consultation.
After two skiers were injured in separate Lake Tahoe ski accidents with snowboarders, the skiers have now sued the resort. According to the Sacramento Bee, a personal injury lawsuit has been filed on behalf of the skiers alleging that Vail Resorts, the owner of Heavenly Mountain Resort in South Lake Tahoe, was responsible for the accident.
If you have suffered any serious accident, consulting with an experienced Sacramento personal injury lawyer is important to answer your personal injury questions and ensure your rights are protected. Where an accident is caused by another's negligence and you suffer harm, it may be possible to recover compensation including medical expenses, lost wages and emotional distress.
Here, a 54-year-old woman was knocked unconscious and suffered a brain injury when a 20-year-old worker from Argentina collided with the skier. Many factors go into determining whether an individual or company may be held responsible for causing another's injury. Further, in situations similar to this, questions are raised about when an employer be held liable for an employee's act.
In many situations an employer may be held liable for the conduct of their employees. Under a legal doctrine called "respondeat superior," employers are liable for the negligent acts of their employees that occur in the course of their employment. This means that when employees recklessly or negligently cause an accident while carrying out their job duties and injure another person, the employer may be required to compensate the victim. Whether the employer or the employee pays often turns on the question of whether the accident was caused during the "course of employment" or not.
Other times, employers may be found liable for "negligent hiring." This applies to situations where an employee causes harm such as through reckless conduct or criminal behavior and the person harmed alleges that an employer acted carelessly in hiring the dangerous individual and exposing others to harm.
Here, the lawsuit alleges that Vail Resorts was liable because the accident was caused by young inexperienced seasonal employees who lacked training and insurance.
For more information or if you have been harmed in any serious injury accident, contact a top Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for a free, initial consultation.
The family of a son who died in a car accident has recently filed a negligence lawsuit arising out of the Mateo County Coroners Office handling of the mans' body parts. According to the lawsuit, the coroners office caused the family severe emotional distress when it sharing brain tissue of the man with a private pathologist in a wrongful death lawsuit. The parents, who are devoutly Jewish, assert that the Coroners Office violated California statutes concerning remains and neglect.
Negligence lawsuits can arise in many situations and involve instances where a duty of care has been created and a breach of that duty causes harm. Generally, a duty of care is a legal obligation that requires individuals, businesses or governmental entities to act with reasonable care to avoid a foreseeable harm. When an entity fails to act with sufficient care, and harm occurs the individual, business or entity may be held liable. The question of duty often turns on a complex legal analysis, so it is important to consult with a knowledgeable Sacramento personal injury attorney if you believe you or a loved on has suffered harm do to a careless or reckless act of another.
Here the actions stem from a wrongful death action filed after a fatal car accident. During that lawsuit, an attorney requested information concerning the son's brain tissue. Rather than turning over the contents of a written report the coroner handed over custody of the man's physical remains. The pathologist took several tissue samples, turning them into at least 20 different slides.
Pursuant to their faith, dissection for a not urgent or medical reason is "a matter of shame and gross dishonor." According to the lawsuit, the family experienced significant emotional distress as the result of the coroner's neglectful indifference to their faith. In legal terms, the family's negligence lawsuit alleges that the coroner breached its duty of reasonable care to the family. Additionally the family faults the coroner for carelessly disregarding a next-of-kin notification policy.
If you have suffered emotional or physical personal injury as the result of another's negligent conduct, it is important to contact a top Sacramento personal injury lawyer to discuss your case and ensure you receive the compensation you deserve.
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.
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.
Santa Clara County's annual "Avoid the 13" campaign was a success this year - with fewer drunk driving arrests than in previous years. No DUI deaths were reported, although one DUI injury accident occurred in Gilroy. The annual DUI accident campaign is conducted over 17 days in the end of December and seeks to crack down on impaired motorists during the holiday season. The most arrests occurred on New Year's Eve, which typically shows a rise in DUI activity.
The decreased incidence of drunk driving accidents is good news. Unfortunately however, drunk driving accidents still occur far too often in California and throughout the United States. Statistics reveal that drunk driving accidents represent 40% of total traffic deaths, with the highest incidence of drunk driving death occurring between Thanksgiving and New Years Day.
The "Avoid the 13" campaign is aimed at reducing this number. During the first nine days of this year's crack down, the Morgan Hills Police Department (MHPD) arrested18 people of a suspicion of DUI.
If you have been injured or lost a loved one in a drunk driving accident, it is important to speak to a Sacramento accident attorney immediately to answer your injury questions and determine your next steps. Often the families of victims feel are worried about their next steps, feeling both devastated about the injury and the senseless nature of the accident. Consulting with a knowledgeable Sacramento injury attorney can provide peace of mind along with critical advice during this difficult time.
While those arrested for drunk driving may face criminal penalties, where drunk drivers cause accidents, their actions may be considered negligent and they may be responsible to compensate victims and their families for harm caused. This may include medical bills, lost wages and pain and suffering.
The decrease in drunk driving is good news. Hopefully this trend will continue and fewer drunk driving accidents will occur on California's roadways. For more information, contact an experienced Sacramento drunk driving accident attorney at the Law Offices of Frederick J. Sette for a free initial consultation.
A recent motorcycle crash case raised several interesting questions of liability. In Wilson v. Harley-Davidson, Judy Wilson suffered a severe brain injury after her husband, Jack, slammed on the brakes of his motorcycle and she was thrown off the 2008 Harley-Davidson Road Glide touring bike. The motorcycle was not equipped with an anti-lock breaking system (ABS), despite an ABS icon on the motorcycle tachometer. The family of the victim filed a personal injury lawsuit asserting that the lack of or a defective anti-lock braking system caused Wilson's injuries.
If you have been injured in a Sacramento motorcycle accident, it is important to speak to an experienced Sacramento personal injury attorney to determine your next steps and answer your motorcycle accident questions.
Whenever any accident occurs several factors may be to blame. In some situations, driver error may be at fault. For example, speeding, distracted driving and failing to obey road signs or signals are all common causes of accidents. Further, negligent roadway design or maintenance can lead to a serious accident. Negligent roadway design includes such road issues as the failure to have adequate signs, too steep of curves, the lack of shoulder protection and other dangerous roadway elements. Other times, an accident may be caused by a design defect, defective parts, or other manufacturing issue.
Here, Jack Wilson asserted that when he put on the breaks at 65 mph after the traffic slowed down, his rear wheel locked and tossed his wife 35 feet forward onto the pavement. She suffered severe head injuries requiring a prosthetic skull and permanent brain softening. Representatives of Wilson posit that although Jack Wilson may be partly to blame, the lack of an ABS system was the main cause of her injury. The Wilsons believed that the bike had the ABS system based both on the existence of the ABS icon as well as a representation by a Harley salesman. Here, the case ultimately went to a jury to determine fault.
An experienced personal injury attorney can evaluate the different factors that play a role in any accident and work to ensure you obtain the compensation you deserve. For more information or if you or a loved one have been injured in any personal injury accident, contact a knowledgeable Sacramento personal injury attorney at the Law Office of Frederick J. Sette for a free, immediate consultation.
A recent fatal bike accident has led law makers taking a closer look at bike safety and their recent implementation of the "3-foot-rule." The 3-foot-rule as passed in many states and cities requires motorists to give bicyclists sufficient room when passing a bicyclist. On four lane roads, motorists are required to move into the far left lane to pass, whereas on a two-lane road they are required to give 3 feet of space. The accident occurred in a Mississippi town that had adopted the 3-foot-rule, but the town leader believes greater enforcement of the rule is necessary to prevent future accidents.
Although 20 states currently have a 3-foot-rule, California does not. Recently Governor Jerry Brown vetoed Senate Bill 910 which had as its stated purpose requiring "the driver of a vehicle overtaking a bicycle in the same direction pass to the left at a safe distance without interfering with the safe operation of the overtaken bicycle." In September, the California Assembly passed the bill in a 44-25 vote. SB 910 was co-sponsored by the City of Los Angeles and the California Bike Coalition, and enjoyed significant support by the public, advocacy groups and California injury attorneys who are concerned about bicycle safety. 10 years ago a similar bill was unsuccessfully introduced.
The impetus behind California's 3-foot passing law came after a well-known competitive cyclist was struck from behind and killed by a Bakersfield driver. As noted by a supporter, "Senate Bill 910 is not just about the bicyclist, but about the motorist who kills someone. That's who this bill also protects ...maybe if there had been this law and some education about passing bicyclists, the driver would have approached [the bicyclist] differently."
As a Sacramento bike accident lawyer, I see far too many individuals suffer serious personal injuries as the result of car/bike collisions. Some alarming bike accident statistics include:
• About 100 California bike accident deaths occur each year
• 10-15% of all reported bicycle injuries are brain injuries
• 2/3rds of bicycling death come from traumatic brain injuries (TBIs)
• 45-88% of bicyclists' brain injuries could be prevented by wearing a helmet
Although Gov. Brown vetoed the bill in current form, bike safety advocates are hopeful their efforts will improve awareness concerning the very real problems of bicyclists being hit from behind and the danger to cyclists who chose bicycling as a way of transportation as well as for sport and enjoyment.
For more information or if you have been injured in a bike accident, contact the dedicated Sacramento bike accident attorneys at the Law Office of Frederick J. Sette for an immediate consultation.
Calaveras news reports that a Valley Springs man was died in a Sacramento area motorcycle accident. The man was killed when a Jeep that crossed the double yellow lines collided with his motorcycle. Richard Arnold Crosse was driving his Harley-Davidson eastbound when the accident occurred. Reports indicate that the woman driving the Jeep lost control of her car after taking her eyes off the road by looking down at the speedometer. Crosse's passenger, Adelle Cross, sustained serious personal injuries and was treated at Kaiser Permanente Medical Center in Sacramento.
Riding a motorcycle can be dangerous - the potential for injury if you are in a motorcycle accident is great. If you have been injured in a motorcycle accident or lost a loved one in a motorcycle crash, it is important to contact an experienced Sacramento injury attorney to protect your rights and discuss your next steps. Where another person is responsible for negligently causing your injuries, you may be able to recovery damages for the harm caused.
According to statistics, 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.
In order to increase safety on the road and decrease the incidence of motorcycle accidents, the National Highway Traffic Safety Administration has created rider safety initiatives including:
• Encouraging helmet usage as well as other protective clothing such as a leather jackets, long pants and eye gear
• Promotion of motorcycle riding education and licensing
• Efforts to increase motorist's awareness of motorcycles
• Efforts to decrease the number of motorists driving under the influence
Here, the accident is still under investigation.
For more information or if you or a loved one has been involved in a motorcycle accident, contact a dedicated Sacramento personal injury attorney at the Law Office of Frederick J. Sette for a confidential consultation.