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.
Orland news reports that a construction accident this past Thursday sent two men to the hospital and left a nearby school and surrounding homes without power for most of the day. The workplace accident occurred when a forklift operator - Mark Godfrey, Jr. - was moving steel beam and hit an overhead power line. He was electrocuted during the incident and suffered serious injuries. Godfrey, Jr. was airlifted to UC Davis Medical Center in Sacramento. A second man, Scott Gully suffered injuries from the construction accident as well. Gully was injured while trying to put out a fire that had ignited on the tires. Cal OSHA was called and began an investigation into the accident.
If you have been injured while on the job, it is important to contact an experienced Sacramento personal injury attorney to provide critical advice and information concerning your next steps. Depending on the circumstances of your matter, on-the-job injuries can be covered by Workers' Compensation law, tort law or both. A knowledgeable personal injury lawyer can provide guidance on the best way to handle your matter.
If some instances, workers may be covered by California worker's compensation laws. These laws may provide compensation in the form of medical payments, lost income, disability compensation and death benefits. Under California law, you generally can't sue your employer for on-the-job injuries, although you may be able to recover worker's compensation payments regardless of fault. Alternatively, in some instances you may be able to bring a tort law suit where a work place injury was caused by a third party - such as a manufacturer of dangerous equipment used at a worksite or a company who's product creates a hazard from toxic exposure.
Determining the appropriate laws and steps to take to recover compensation if you've been injured at work are complex. Here, if the men seek compensation for their injuries, several factors will determine both the laws regarding and the type the damages they may recover.
For more information or if you have been injured in a work-related accident, contact the Sacramento workers' compensation attorneys at the Law Offices of Frederick J. Sette for an immediate consultation.
A recent story out of Texas revealed a startling statistic - more than 4 million Americans admit to drunk driving. In a study conducted by the Center for Disease Control (CDC), four million drivers admitted to driving under the influence, meaning that the true number of impaired drivers is much greater. The CDC notes that alcohol impaired drivers were on the road at least 112 million times last year, a decrease of 30% since 2006.
These statistics are alarming and groups such as Mothers Against Drunk Driving (MADD) continued to be concerned. As stated by a representative "It's very, very frightening news to see that four million Americans, and those are just the ones that have admitted to drinking and driving, it's a frightening thought, all of us are put at risk. While 30 percent is down which is certainly exciting to hear, nonetheless, it's still very frightening to hear the number of individuals that are risking not only their own lives, but the lives of others."
If you or a loved one has been injured in a California drunk driving accident, contacting an experienced Sacramento drunk driving accident lawyer is important to protect your rights, answer your personal injury questions and provide you crucial advice concerning your next steps.
Victims injured by negligent drunk drivers fact medical bills, loss of wages, physical pain and emotional distress. In the event of a wrongful death, families are torn apart without warning. Although filing a lawsuit may be the furthest thing from your mind at this difficult time, it is important to speak to a knowledgeable personal injury lawyer to protect your future and ensure you receive fair compensation for your injuries.
In order to combat drunk driving and decrease the number of drunk driving accidents, the CDC is urging all states to increase sobriety checkpoints. As a Sacramento drunk driving accident lawyer, I am hopeful the number of drunk driving accidents will continue to decline.
For more information or if you or a loved one has been injured in a drunk driving accident, contact the dedicated Sacramento drunk driving accident attorneys at the Law Office of Frederick J. Sette for an immediate consultation.
KSEE 24 News out of Fresno and Visalia reports that a 32-year-old Encino man has been arrested in a fatal DUI accident that occurred last weekend. Sancho Kibufu was allegedly driving under the influence on Golden State Boulevard in Madera when his car went across the centerline, hitting a car carrying four teenage boys from Chowchilla. Three of the boys suffered serious injuries and one was killed. Kibura is being charged with vehicular manslaughter.
If you have been injured in a car accident, including a drunk driving auto accident it is important to contact an experienced Sacramento auto accident attorney to determine your next steps. Not only do drunk drivers face criminal penalties, but they may also be liable in civil actions for personal injury and wrongful death.
Drunk driving injury accidents are far too common. Statistics provided by Mothers Against Drunk Driving (MADD) reveal that 17,013 people were killed due to alcohol related car accidents in 2005, representing forty percent of the nation's total traffic deaths. This figure has likely increased since last reported.
Where a victim dies as the result of a drunk driving auto accident, families are torn apart without any warning and suffer an unimaginable loss. Although speaking to a drunk driving accident attorney may be the furthest thing from your mind, it is crucial in order to protect your right to obtain compensation. In many situations, survivors may be able to file a wrongful death lawsuit to recover damages for medical bills, mental anguish and the loss of companionship.
As a Sacramento personal injury lawyer I am hopeful that California roads stay safe this Labor Day weekend and people who drink act responsibly and designate a sober driver.
For more information, or if you or a family member has been injured in a drunk driving car crash or any type of car accident, contact the dedicated Sacramento accident lawyers at the Law Offices of Frederick J. Sette for a free consultation.
Bakersfield news reports that a former substance abuse counselor was arrested on DUI charges after a drunk driving accident. According to the news, Jessica Woodward slammed her car into the back of a California Highway Patrol vehicle while the officers were performing a traffic stop. The driver and the two officers all received injuries and were treated at local hospitals.
If you have been injured in a drunk driving accident, it is important to contact a Sacramento drunk driving accident lawyer to provide advice concerning your next steps.
Drunk driving is one of the leading causes of car crashes in the United States - representing 40% of the total traffic deaths. On average, a drunk driving accident occurs every 30 minutes, putting all California drivers at risk.
If you suffer injuries as the result of a DUI crash, the drunk driver may be liable for civil damages in addition to facing criminal charges. If you are injured by a drunk driver, an experienced Sacramento personal injury attorney can help you recover compensation for medical bills, physical pain, lost wages, emotional distress and loss of enjoyment. If the damages are permanent, you may also recover damages required for future care, economic loss and mental anguish.
Here, the police officers were the victims - injured when the drunk driver hit their vehicle. Criminal charges were filed - it is unknown whether the officers will seek to recover civil damages as well.
With the end of summer and Labor Day approaching, the number of drunk drivers on Sacramento's roads is increasing. Use caution while driving, understand the steps to take if you are in a car crash and contact an experienced drunk driving accident lawyer if you are injured in an accident.
For more information, contact the dedicated Sacramento personal injury lawyers at the Law Office of Frederick J. Sette, helping those injured by the carelessness and recklessness of others for more than 15 years.
The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.
Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."
Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.
A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.
Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.
Here, it is unknown how the accident occurred and how the boy was able to get into the irrigation canal. Many times, simple steps such as placement of a barrier or fence may be able to avert a tragedy.
For more information, or if you have been injured as the result of a dangerous condition on public property, contact the experienced Sacramento premises liability lawyers at the Law Offices of Frederick J. Sette for a free consultation.
As the result of negligence in allowing a wild-fire to burn unattended, the San Jose Mercury News reports that a former a jury has found a former schoolteacher and her relatives responsible for damages caused by one of Santa Clara County's biggest wildfires. The premises accident occurred after Margaret Pavese illegally began burning paper plates in a 55-gallon metal barrel. The Lick fire burned out of control, damaging 47.760 acres, destroying four homes and 20 buildings in the Henry Coe State Park Area. Also destroyed in the fire were papers a San Jose man - Dan Straus - had inherited from Albert Einstein, including calculations jotted down on onionskin and an envelope.
Pavese was sued for negligence as the result of allowing a dangerous condition to exist.
The concept of "premises liability" provides that owners or occupiers of land have a responsibility to keep their property free from dangerous conditions they knew of or should have known of and/or take reasonable precautions to warn of the unreasonably dangerous conditions.
Here, the jury applied a similar theory to determine that despite Margaret accepting sole responsibility for the accident, the duty to exercise reasonable care and the knowledge of the dangerous conditions created liability on behalf of the other family members. As noted by a representative - "Margaret lit the match, but we were able to convince the jury that the Pareses were all negligent. We really felt we lost a historical treasure."
Because each one of the members were found in some way to be responsible for the danger created, each of the individuals were found to be partly at fault.
Negligence involves the concepts of duty and responsibility. Here, where a duty is found to exist on one party, harm for damage caused by the failure to reasonably comply with that duty may be compensable.
For more information, or if you believe you have been harmed through the negligence of another, please contact the dedicated Sacramento personal injury and negligence attorneys at the Law Office of Frederick J. Sette.
With Memorial Day marking the unofficial kickoff of summer, it is important to remember a few boating tips and to be aware of potentially new risks and hazards in the Sacramento area waterways. In fact, as stated by Sacramento County Parks Director Janet Baker, Sacramento's American River is a "different river" this year - with colder water and swifter currents than in previous years. As a result, officials are warning boaters to be wary of faster conditions in order to avoid being injured in a boating accident.
If you or a loved one is injured in a boating accident, it is important to contact an experienced Sacramento boat accident attorney to investigate the circumstances surrounding the incident and help you obtain the compensation you deserve.
When people plan to spend the day boating, an accident may be the furthest thing from their mind. However, boating accidents can result in serious injuries or deaths so proper planning is critical. In fact last year alone, 570 boating accidents occurred in California, resulting in 236 injuries and 49 deaths.
Of those killed, the majority were not wearing flotation devices. Under California law, boat operators /owners are responsible for ensuring each passenger has a life jacket. The failure to have appropriate safety equipment may lead to a claim of negligence.
For more information, or if you or a loved one has been injured in a boating accident, contact the dedicated Sacramento personal injury lawyers at the Law Office of Frederick J. Sette.