Law Office of Frederick J. Sette
Personal Injury Attorney
Serving The Greater Sacramento California Region
Free Consultation
NO FEES UNLESS WE WIN
CALL NOW! Office: 916-442-0000
Toll Free: 888-516-6262


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.

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.

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.

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. 

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. 

Tragic San Francisco Motorcycle Serves As Motorcycle Safety Reminder

San Francisco news reports that a 54-year-old man died in a motorcycle crash after the rider collided with a car while driving through San Francisco's Golden Gate Park. The accident occurred as the motorcyclist was negotiating a curve in the road and hit the car next to him. The man was thrown from his motorcycle and was killed. While the accident remains under investigation, the driver of the car is not expected to be charged in connection with the crash.

According the US Department of Transportation, in 2006 more than 100,000 motorcycle accidents occurred in the United States. The National Highway Traffic Safety Administration (NHTSA) reports that over two-thirds of motorcycle fatalities involve a motorcycle and another vehicle. Often another car on the road doesn't see the motorcycle at all, or is unable to avoid a crash once they do see the motorcyclist. Further, crashes often occur as the result of car and motorcycle drivers responding to the same road conditions in different ways, making it difficult for each to anticipate the other driver's actions.

This weekend's tragic accident serves as a reminder about motorcycle safety and the need to take precautions to avoid serious accidents. Motorcycle accidents may occur for a myriad of reasons including, but not limited to, driver error, roadway negligence and defective motorcycle design. If you have been in a motorcycle accident, it's important to seek the advice of an experienced Sacramento motorcycle lawyer right away. In many instances, it may be possible to recover damages for your injuries. In the event of a wrongful death, a family may be able to seek compensation for medical bills, lost wages and pain and suffering.

Driver error may include actions such as a reckless or drunk driving on the part of the motorist, or the motorcycle driver. It's important to remember that even if a motorcyclist is partly at fault for his or her injuries, if another party is also responsible, the injured party may still be able to recover damages.

Roadway negligence refers to defective or faulty roadway design. This may be the lack of appropriate signage, too tight of curves in the road, too steep inclines, or the failure to have sufficient shoulder room. Negligent roadway design refers to any situation where how a road is designed or maintained contributes to an accident.

Another potential sources of motorcycle accidents is the existence of a faulty or defective motorcycle part. In these instances you may be able to file a product liability lawsuit against the motorcycle dealer or manufacturer. For example, if the brakes or other motorcycle part doesn't function correctly, and this leads to a serious accident, you may be able to recover damages from the responsible party.

For more information about motorcycle accidents or to learn about motorcycle safety tips to prevent motorcycle accidents, please contact the top California motorcycle accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

California Boating Accident Leads To Safety Investigation

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.

Party Bus Company Sued Following Drunk Driving Accident

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.