Sacramento Injury Attorney Blog

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.

Continue reading "Sacramento Motorcycle Accident Raises Issues Of Liability" »

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."

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Woodland, California news reports that two separate Northern California train accidents - one near Davis and another in Oakland - were responsible for causing significant delays and personal injuries. The Davis train accident happened around 4:50 p.m. when a Sacramento woman was driving westbound on Country Road 32A, west of CR-105A. Reports indicate that she was driving under the influence and drove her car off the road and onto the railroad tracks. She left the vehicle to call for assistance, and an Amtrak train hit the car while she was waiting. The force of the collision caused her car to catch fire, but fortunately none of the passengers on board were injured. The Sacramento woman was arrested on a suspicion of drunk driving.

Passengers involved in the Oakland train accident were not so lucky. Reports indicated that about 17 people received personal injuries as the result of that train collision. If you have sustained personal injuries as the result of a train accident or any other motor vehicle accident, it is critical to contact an experienced Sacramento personal injury lawyer to protect your rights and determine your next steps. Many times, it may be possible to recover compensation for your injuries.

The Oakland crash occurred when one Amtrak train ran into another train that was unloading passengers. The moving train was going about 15-20 miles per hour, and officials reported that it ran through a red light. The Oakland Fire Department Chief noted, "According to the Amtrak representative, the train traveling should never have continued past the red signal." However, a separate Amtrak spokesperson declined to comment on any of the factors that may have lead to the crash. The incident is still under investigation and may take between three to six months to complete.

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NBC news reports that 75 former NFL players have sued the National Football League alleging that the NFL concealed the risks of concussions. Riddell - the helmet manufacturer - has also been included in the lawsuit.

According to the lawsuit, the NFL knew or should have known about the link between brain and head injuries and long-term health problems.

Traumatic brain injuries (TBIs) such as concussions can have serious, long term and sometimes-permanent consequences if not detected and treated. TBIs can occur in a variety of circumstances and arise from a blunt or sudden trauma to the head. Often associated with car accidents, TBIs can occur as the result of any blow to the head, such as a motorcycle accident, a bicycle accident or sports injury as is alleged here.

Symptoms of TBIs may not show up immediately and may be vague - such as headaches, dizziness and confusion. However, if you're received a jolt or blow to your head its imperative to seek medical attention immediately. Where you have been involved in an accident, speaking to a brain injury lawyer is important in order to preserve your right to bring a lawsuit and determine your next steps.

Here, the lawsuit alleges that the NFL "knew as early as the 1920s of the harmful effects on a player's brain of concussions; however, until June of 2010 they concealed these facts from coaches, trainers, players and the public."

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A California jury returned $18 million jury verdict for a woman after she was hit by a car while jogging. The jury determined that the City of Sacramento was negligent in failing to place a crosswalk warning sign at the dangerous s-turn. Cathy Liu, a doctor at the University of California suffered major brain injuries as a result of the injury.

If you have been hurt in a car accident, contact an experienced Sacramento car accident lawyer immediately to investigate the incident and determine the different factors involved. In many cases, several different issues arise other than driver error.

Here, a jury determined that the City of Sacramento was at fault due to roadway negligence. Roadway negligence includes such things as a city's failure to install appropriate signage, improper lighting and excessive foliage or debris. When a city creates or allows dangerous roadway conditions to exist that lead to a car accident, the municipality may be held liable and required to compensate those injured.

Continue reading "California Jury Awards Davis Jogger $18M Due To Brain Injuries Suffered From Roadway Negligence" »

This past week, more than 500,000 bassinets were recalled due to the risk of collapse. With at least 10 reported incidents, including two injuries, Burlington Basket Co. has issued a bassinet recall, and is providing free kits with instructions on how to fix the problem.

NPR reports that nearly 10,000 kids a year are injured in cribs, bassinets and playpens. About 1 in 5 of these injuries constitute a concussion or other head injury.

If your child has been injured due to a defective bassinet or any other malfunctioning product, contact an experienced Sacramento defective product lawyer to begin investigating the injury.

A product may be considered defective when its design makes it unreasonably dangerous for its intended use, when the product has been manufactured incorrectly or when the product contains inadequate warning labels.

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A man who was walking along Stockton Boulevard was injured after being struck by the Regional Transit light rail train. He had been talking on his cell phone when he was hit.

Reports indicate that he suffered serious injuries.

Although the facts and circumstances surrounding this accident are unknown, it serves as a reminder to pedestrians to be aware of their surroundings. Often pedestrians are injured, even when they have the right of way, as the result of being distracted by cell phone calls, texting and music. When a person is hit by another vehicle - train, car, bus or even bicycle - the injuries can be severe. People simply cannot protect themselves from the force of the impact.

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On Wednesday, the California Interscholastic Federation (CIF) released new rules regarding the use of metal bats in high school baseball. After several serious head injuries occurred as the result of metal bat use, the CIF is requiring aluminum bats be tested to ensure speeds ball may be hit is restricted and to include tamper-proof decals which change color if bats are improperly modified.

Much of the discussion concerning metal bats was the result of the head injury sustained by Gunnar Sandberg, a Marin County pitcher who was hit in the head by a line drive this spring. He was in a coma for several weeks following this accident. Luckily, he has recovered and plans to resume playing baseball.

Sadly, it often takes serious accidents for manufacturers, coaches, and even players, to recognize the potential hazards and make the requisite safety improvements to products we've grown accustomed to using.

When manufacturers know of dangers but fail to take adequate steps to warn consumers, coaches and distributors or fail to make design changes that can eliminate hazards, they may be found negligent.

Continue reading "California Schools Must Follow New Bat Safety Rules To Prevent Head Injuries" »

According to the Contra Costa Times, a Vacaville man has died as the result of injuries sustained in a motorcycle accident over the weekend.

The specific reasons that caused the man to lose control of the motorcycle and leave the roadway are unknown. He suffered serious injuries as the result of the crash and died shortly thereafter.

Too often, motorcycle crashes end in serious injuries and death. Little protection separates the driver from the road. Whether the man in this tragic accident was wearing a helmet in this instance has not been reported. However, helmets remain one of the top safety precautions a motorcyclist can take to prevent serious head and brain trauma and other life threatening injuries.

Other motorcycle safety tips include:

• Avoid distracted driving
• Be aware of changing road conditions
• Pay attention to your body position on the motorcycle
• Maintain your motorcycle's condition

Continue reading "Vacaville Motorcycle Accident Ends Tragically" »

On Wednesday, California lawmakers advanced a bill that would ban the use of metal bats in high school for two years.

This ban comes after a teenager was hospitalized and remains in critical condition with a severe head injury after he was hit by a line drive. Principals from the 10 highschools in the Marin County Athletic League have already banned the use of metal bats at games.

The accident has spurred discussions throughout Marin County, and now the legislature, regarding what is safe for highschool sports. Because metals bats can hit harder than wooden bats, the risk of head and brain injuries is greater. Despite the Marin County ban, the North Coast Section (which governs highschool sports from the Bay Area up the coast) did not pass a ban for their teams - arguing that using wooden bats would put their teams at a competitive disadvantage.

The dialogue surrounding the use of metal bats is similar to many discussions throughout the years pitting sports safety against fun, comfort, convenience and competition. Sporting event safety - both for players and spectators - is often not a concern until a highly publicized event calls people into action.

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