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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.

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.

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.

California Roll Over Accident Leads To The Death Of Two Teens

Sacramento news reports that two California teens died over the weekend as the result of a rollover car crash. According to reports, three teens were riding in a 203 Acura when they approached a roadway curve. The driver could not control the car as he maneuvered around the bend. The car left the roadway, hitting a utility and tree before flipping over. Two passengers were killed, and the driver sustained moderate personal injuries. Alcohol was not considered to be a factor in the car accident.

If you or a loved one has been injured in a car accident, it's important to seek the advice of an experienced Sacramento personal injury lawyer right away. Although the severity of car accidents varies - rollovers are some of the most serious. Rollovers typically occur as the result of drivers trying to over-correct to avoid a roadway hazard, or adjust to the curve of a roadway. However, when a driver maneuvers too quickly he or she may cause the car to flip. This may be a result of driver error, or in some cases roadway design. A roadway design like the angle of a decline, the absence of appropriate barriers or improperly designed shoulders may create a condition that makes rollovers more likely. If an entity designed a road that is unreasonably dangerous, it may be held liable for negligence.

Other times, rollovers occur due to negligence in the manufacture of a car or its parts. This may be due to a defective auto-part or tire manufacturer design. In some cases, the type of vehicle may make it more likely that a vehicle will flip - such as an SUV. Many times, it may be possible to file a negligence lawsuit where the design of a vehicle is unreasonably dangerous or has a defective design or part.

Rollover accidents lead to many different types of injuries including, but not limited to:

 • Neck injuries

 • Head injuries

 • Traumatic brain injuries

 • Broken bones

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

 

 

High Number Of Pedestrian Accidents In Los Angeles

A recent story in the Los Angeles Times begins "Los Angeles isn't known as a city for walking. Maybe there is a good reason - it's too dangerous." According to the article, Los Angeles drivers are responsible for a higher rate of fatal pedestrian accidents and bicycle accidents than drivers nationally.

A recent study performed by the University of Michigan Transportation Research Institute found that one-third of all of Los Angeles traffic fatalities involved pedestrians and about 3% of the fatalities were bicyclists. These figures are triple and double the national averages, respectively.

The authors of the study however, point to the large number of people competing for space on California's roadways, rather than specific problems with Los Angeles drivers. The numbers are even worse for places like New York City, where 49.6% of all traffic fatalities involved pedestrians and 6.1% were bicyclists.

If you have suffered an injury or lost a loved one as the result of a motor vehicle accident - whether as a passenger, pedestrian or bicyclist - it's important to speak to an experienced California personal injury attorney right away to secure your rights and discuss your next steps. In many instances it may be possible to recover compensation for your injuries, including medical expenses, lost wages and pain and suffering.

One of the purposes of the study was to expose traffic issues with an eye toward improving safety and preventing accidents. However, an important component of change is funding - currently less than 1% of transportation funding goes to improvements for pedestrians and bicyclists. As stated by a representative of the Los Angeles County Bicycle Coalition:

"If we want to get serious about traffic safety, we need to get serious about funding equity so we can build infrastructure that allows people to walk and bike safely around their communities," he said. "Our current metrics value automobile throughput over traffic safety."

Unfortunately, recent bike safety legislation that would have improved conditions was just vetoed by Gov. Jerry Brown. SB 1464 would have required motorists to give bicyclists at least three feet of room while passing, or slow down -- citing concern that it could cause more car accidents. Brown said he worried about requiring motorists to slow to 15 mph when passing bicyclists if there is not three feet between them.

Sacramento area pedestrians and bikers fare better than those in Los Angeles, but the state still needs to work on comprehensive laws that will improve California's roadways for all foot, bike and motorized transportation.

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

Fatal Hit-And-Run Accident Kills Sacramento Man

Sacramento news reports that a California man died after being struck by a hit-and-run driver and then being run over by another car. The California Highway Patrol reports that the Sacramento hit-and-run car accident happened near the intersection of Fulton Avenue and Hurley Way.

The unknown vehicle struck a 60-year-old man, Phillip Dale Jensen who lives close to the area, and left him lying in the roadway. He was then struck a second time by a taxi driver who was making a u-turn and did not see the body. Jensen was taken to UC Davis Medical Center, where he was pronounced dead.

The CHP is now requesting help from the public for information relating to this accident.

With help, it is often possible to identify drivers responsible for California hit and run car accidents. A California HP sergeant notes, "It's a serious crime...these cases stay open for up to 20 years. We don't ever get rid of the physical evidence. We keep actively investigating as long as we can."

If you or a family member has been injured in a hit and run accident, it is also important to seek the advice of an experienced Sacramento personal injury attorney.

Pursuant to California's hit and run laws, individuals in car accidents are required to stop and exchange identifying information as soon as is safely possible. The failure to stop where property damage occurs is a misdemeanor. Failing to stop where a personal injury or wrongful death results, is a felony. In addition to criminal charges, those drivers who fail to stop may also face a California civil personal injury lawsuit.

Despite laws requiring an individual stop, drivers may still flee the scene of an accident for a variety of reasons. In some situations, they may simply panic. Other times, the accident may be the result of drunk driving and a driver may fear arrest. Whatever the motivation, drivers who flee the scene face stiff penalties.

What Type Of Damages Can I Recover In a Hit-and-Run Accident?

Injuries from hit and run accidents may include serious personal injuries such as:

• head and neck injuries

• brain injuries

• spinal cord injuries

• lacerations

• cuts and bruises

As with other types of California car accidents, drivers injured in hit-and-run collisions may be able to recover compensation for medical expenses, lost wages and other legal costs.

Even where it isn't possible to locate the culprit, an injured party or his or her surviving family members may be able to file an accident claim against his or her own insurance policy either as an uninsured motorist claim or a "hit and run" claim.

Hopefully, in this instance the culprit will be caught and justice served.

For more information, please contact the top Sacramento hit-and-run accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

Manufacturer Agrees To Settlement In Sacramento County Helicopter Accident

The manufacturer of a helicopter part alleged to be defective has just agreed to a settlement in the helicopter crash that occurred seven years ago killing two Sacramento County sheriff's deputies. Turbomeca S.A. has agreed to pay the county $1.5 million for damages resulting from the crash. The negligence lawsuit alleges that the French company supplied defective parts that caused the helicopter to run into a hill near Lake Natoma.

The third party lawsuit was filed by the county against the manufacturer to recoup damages it paid to the families of Deputy Kevin Blount and Joseph Kievernagel and Deputy Eric Henrickson.

Allegedly in the early evening of July 13, 2005, mechanical problems caused the helicopter Kievernagel was piloting and transporting Blount and Henricskson to crash into the side of a mountain. According to the lawsuit, the company was aware 4½ years earlier of the mechanical problem that caused the crash but did nothing to warn those flying the craft.

Specifically, the product liability lawsuit alleged "two months before the crash, Turbomeca was "aware of more than 10 instances of failure of the (defective part) because of an inadvertent inside-out installation, causing ... total loss of power and requiring emergency landings" of at least six helicopters, and at least four incidents involving helicopters on the ground." Further, despite being aware of the manufacturing defects "the company chose not to alert and inform its customers and regulatory agencies because it did not want to pay for a recall of over 300 engines" the lawsuit alleged.

On July 20, 2004, the company issued a service bulletin recommending that a newly designed part be installed during the next engine overhaul.

The settlement is not an admission of fault or liability.

In many situations when an individual is hurt or killed on the job, the injured party or his/her family's recovery may be limited by California worker's compensation laws. However, certain instances exist where a civil lawsuit may be filed. Typical situations where "third party" lawsuits may be filed include situations like this - i.e. where a manufacturing defect is alleged to be the cause of an injury. In these cases, an employer and family member or injured party may bring a product liability lawsuit against the manufacturer of the defective product.

Other types of work place accidents that may lead to civil negligence lawsuits include:

• Traffic accidents

• Exposure to toxic substances

• Negligent actions by other third parties on site

Contact an experienced premises liability lawyer or personal injury lawyer to learn whether your case has the possibility of a third party claim.

For more information please contact the top Sacramento workplace accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

Wrongful Death Lawsuit Filed Against City Of Oakland Based On Roadway Negligence

The family of a bicyclist who died after being hit by a car on Grizzly Peak Boulevard has filed a wrongful death lawsuit against the City of Oakland. The negligence suit alleged that the condition of the roadway contributed to the death of Allen Lee, 53, due to its poor maintenance.

According to the lawsuit, the city should be held responsible in Lee's death because it knew that the roadway was in bad repair but failed to make the necessary improvements despite repeated complaints.

Accidents may happen for any number of reasons. While driver error, driver distraction or drunk driving may be the leading causes of car accidents, bike accidents and other roadway injuries, many times the seriousness of an accident is contributed to or exacerbated by the condition of the roadway.

Where the condition of the road - how it is designed or maintained - contributes to a bicycle accident or car accident, it may be possible to bring a roadway negligence lawsuit. By filing a roadway negligence lawsuit you may be able to recover compensation for various types of damages including medical expenses, pain and suffering and lost past and future wages.

Seeking the advice of a top Sacramento personal injury lawyer is important to determine all possible factors that may have caused or contributed to an accident to ensure you may recover all the compensation you deserve.

Here the personal injury complaint alleges that Lee was thrown over the front handlebars of his bike after his bike's front tire became caught in a two inch deep rut in the middle of the road that caused to bike to stop suddenly. The abrupt stop threw him into the path of an oncoming car that was unable to stop in time.

The complaint seeks damages from the city for its failure to keep the roadway in good repair. According to the lawsuit Oakland is responsible for ensuring its roadways are safely maintained. A representative of the family notes, "As recently as four or five months before this happened, there were local organizations that were communicating with the city about this particular roadway and all the cracks in it ...If the roadway poses a danger to either motorists or bicyclists and the public agency has notice of that danger, it is required to fix it."

The wrongful death lawsuit is seeking unspecified monetary damages from the city including costs associated with funeral and burial expenses, lost wages and punitive damages.

For more information about roadway negligence or wrongful death lawsuits contact an experienced Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate consultation.