Officials have released a statement concerning last summer’s Asiana Airlines crash at San Francisco International Airport that killed three people and injured more than 180. According to the press release, the airport gave itself high marks in many different areas including a strong sense of shared goals among those who responded to the accident.
The incident has been under scrutiny to determine whether negligence played a role in the accident. Here the investigation continues, and no findings of negligence have been made.
However, in situations where negligence or recklessness leads to a fatality, surviving family members may be able to file a wrongful death lawsuit. A wrongful death lawsuit is similar to a personal injury claim but is filed by the family members of the deceased. Generally, a wrongful death claim may be brought in any type of accident that results in death. Recovery may include:
- Medical costs
- Funeral expenses
- Punitive damages for death by negligence
- Loss of love Loss of companionship
- Loss of the moral support of the decedent
- Loss of the financial support or household services which you would have received from the decedent
For more information concerning wrongful death claims and when it may be possible to file such action, it is critical to speak with a knowledgeable California wrongful death attorney.
While the airport did find areas for improvement such as the need to have more integrated and coordinated medical resources and procedures, it did not mention any findings concerning the death of a passenger who survived the crash, but died after a San Francisco fire truck ran over her en route to put out a fire on the plane.
If you have questions about wrongful death or personal injury lawsuits, please contact an experienced Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for an immediate consultation.
A report issued following the recent fatal Bay Area Rapid Transit (BART) accident reveals that the driver was still a trainee and not certified to drive the train. According to an investigator for the National Transportation Safety Board, the man who was operating the train that killed two workers inspecting a section of track, was taking a “training and maintenance run” when the accident occurred. Sources say that unions for the striking workers had warned that it would be dangerous for inexperienced operators to drive the trains after a representative of BART had stated it would train drivers to provide shuttle services during the railroad workers strike. This finding will likely lead to additional questions such as whether the railroad was negligent or could be held liable in a California wrongful death action.
Whenever a serious personal injury accident occurs, several questions concerning liability, negligence and cause arise. While major transportation accidents often involve the NTSB, it is also important for an injured party or their family members to consult with an experienced Sacramento personal injury attorney who can begin an investigation into the incident on their behalf. A skilled California accident attorney can look at all of the factors that cause or contributed to a particular incident and help you determine your next steps.
For example in this instance one issue that may arise is whether the railroad was negligent in allowing the trainee to drive the train and whether this negligence was the cause of the workers’ deaths. If so, the railroad may be liable and responsible for damages. Further, railroad workers are one of the few types of employees not covered by traditional state worker’s compensation. However, the workers and their families may receive workers’ compensation benefits through different systems such as the Federal Employers’ Liability Act, also called the Railroad Workers Act. This act permits railroad workers not covered by their state’s workers’ compensation system to sue their employer for their industrial accidents and recover damages such as medical treatment and lost wages, and can also include pain and suffering damages. Many issues are raised whenever an individual suffers a serious personal injury or dies as the result of another’s negligence.
For more information or if you or a loved one has been injured in a California accident, please contact the top Sacramento personal injury attorneys at the Law Offices of Frederick J. Sette for an immediate consultation.
San Francisco news has reported that a surveillance video shows that the driver of a truck may be responsible in last month’s bicycle accident at the intersection of Folsom and Sixth streets. The accident killed Amelie Le Moullac, a young cyclist on the way to work. Video of the driver of a food delivery truck shows that he made critical errors and may have been driving too fast to safely make the turn. According to a representative, he failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn."
The family is considering filing a wrongful death lawsuit as a result of the accident. A wrongful death lawsuit is similar to a personal injury lawsuit but is brought by the surviving family members of an individual killed as the result of the recklessness or negligence of another. If you have lost a loved one as the result of the actions of another, it is important to consult with a top Sacramento wrongful death attorney right away. A skilled wrongful death attorney can begin an investigation into all of the factors that may have lead to an incident. In this instance, the bicyclist was initially blamed for her injuries. However, a member of the bicycle coalition uncovered surveillance video that shows that although the truck had its blinker on, Le Moullac was right next to the cab and couldn't see it.
Further, the truck driver’s speed made it impossible for him to to safely make the turn. Reports also reveal that the truck driver failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn. In a statement following the announcement of the wrongful death lawsuit, the trucking company noted "Daylight Foods deeply regrets that one of its trucks was involved in a fatal accident, and we extend our sincerest sympathies to Amelie Le Moullac's family and friends. Daylight Foods takes traffic safety very seriously, and we are deeply saddened by this tragedy.”
For more information or if you or a loved one has suffered a serious personal injury, please contact the top Sacramento wrongful death lawyers at the Law Offices of Frederick J. Sette for an immediate consultation.
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.
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.
News reports that the family of a 16-year-old killed in Hawaii while riding a jet-ski has filed a negligence lawsuit against both the Australian tourist who ran into her and the Jet Ski Rental company, Aloha Jet Ski, for its role in contributing to her death.
Kristen Fonseca had rented a jet-ski in Hawaii from Aloha Jet and was touring Hawaii's Keehi Small Boat Harbor when she was hit by the Australian man from behind. Fonseca subsequently died from her injuries. The cause of her death has been listed as "intracranial hemorrhage."
According to the wrongful death lawsuit, employees of the jet-ski company did nothing to prevent the accident from occurring. The accident allegedly occurred as the result of the man failing to pay attention to where he was going while he was riding the jet-ski. He was apparently standing on his jet-ski and became distracted by his girlfriend who was taking video and photos and did not pay attention to other boat traffic in the bay.
Dagley is expected to be arraigned on the misdemeanor charge Tuesday.
Wrongful death lawsuits can arise in any type of personal injury accident where an individual dies as the result of another's reckless or negligent conduct. Negligence refers to the breach of a legal duty to act reasonably or to protect another from foreseeable dangers. Many factors go into determining whether a specific action may be considered negligent and whether that action led to a person's harm. In these instances, it may be possible to recover for your damages. In a wrongful death lawsuit, the surviving family members may bring a lawsuit on behalf of the deceased. Speaking to a skilled Sacramento personal injury lawyer right away is an important first step to determine your rights in the event of any injury accident.
Here, if Fonseca is found to be reckless or careless (i.e. negligent) in his actions, then he may be held responsible for the "wrongful death" of Fonseca in a civil court and be required to pay damages such as medical costs, lost wages and emotional distress. The family is also suing the Jet-Ski company for their negligence. While all of the details of the lawsuit are unknown, whether the company took the necessary safety precautions to avoid accidents or whether the actions it took where an accident occurred were sufficient will be under review. Although the company did not specifically harm Fonseca, if their actions were such that led to foreseeable harm, they may be found responsible and be required to pay damages as well.
Whenever a tragic accident occurs, it's of upmost importance to speak to an experienced Sacramento personal injury lawyer right away. Even though filing a lawsuit may be the furthest thing from your mind, it is critical to determine all factors that may have led to an accident and ensure you protect your right to future compensation. For more information, please contact the top Sacramento wrongful death attorneys at the Law Office of Frederick J. Sette for an immediate consultation.
The family of an Oakland man killed in a bicycling accident while speeding down a hill in Berkeley's Tilden Park has filed a negligence lawsuit against a well-known bicycling website, Strava. According to reports, William "Kim" Flint died after trying to keep his time record for racing down the hill. Flint was biking down the hill at about 40 miles per hour. He was fatally injured after he suddenly braked to avoid a car and flipped over.
If you or a loved one has been injured in a bicycle accident, its important to seek the advice of an experienced Sacramento bicycle attorney right away. If you have suffered serious personal injuries, it may be possible to recover damages for your harm. Typical bicycle injuries may include:
• head and neck injuries
• spinal cord injuries
• brain injuries
• broken bones
• road rash
In the event of a fatal accident, a surviving family member may be able to file a wrongful death lawsuit. Negligence and wrongful death suits are based on the legal concept that the careless or reckless conduct of anther person or entity lead to another person's harm, or in this instance, death.
Here, the family has filed a negligence claim against the Strava website based on its actions in encouraging bicyclists to bike too fast. The Strava company hosts virtual races and rewards winners who use a GPS system that track their own time and that of competitors. Flint died after he learned someone on the site had beat his time, and he went out to try to reclaim the title. However, Strava failed to inspect the courses or otherwise ensure that they are safe. A representative noted, "They assume no responsibility. They don't put cones out. They don't have anybody monitor and see whether a course, or a specific segment, is dangerous."
If Strava knows or should have known that the course was dangerous but failed to remove it from the site, they may be held liable.
Even if Flint is held partly responsible for his death, his family still may be able to recover damages for his injuries. California is a comparative law state, which means that an injured party (or in this instance the surviving family members) can recover damages for harm caused - even if they are partly to blame. The amount recovered would be reduced by percentage of the injured party's fault.
This bicycle accident is not the only high profile bicycle accident case linked to Strava. Strava has also been implicated in the recent Castro pedestrian death. According to sources, the cyclist who hit the pedestrian was tracking his time on Strava.
For more information about negligence or wrongful death lawsuits, or if you or a loved one has been injured in a Sacramento bicycle accident, contact the top Sacramento bike accident lawyers at the Law Office of Frederick J. Sette for an immediate consultation.
The Marin Independent Journal reports that a 71-year-old San Bruno man was killed in a fatal pedestrian bicycle collision last week at the intersection of Castro and Market Streets in San Francisco. The bicyclist who ran into the pedestrian was returning from a Marin Headlands group ride. Online messages suggest that the man may have been speeding down the hill just before the bike accident occurred.
If you have been injured as the result of a bike accident or pedestrian accident, or you have lost a loved one in a fatal collision, it is important to consult with an experienced Sacramento bike accident lawyer to protect your rights and determine your next steps. Although in some instances accident simply happen and no one is at fault, where another person's careless and reckless actions cause you harm, it may be possible to recover compensation.
Here, the investigation into the accident continues. Reports indicate that the San Bruno man was in the crosswalk when the accident occurred, and both him and the cyclist were taken to the hospital with injuries. The cyclist was treated for non-life threatening injuries and released. Newspaper accounts provide that police are looking into whether the bicyclist ran a red light and will be meeting with the District Attorney's office to determine the next steps. Further, the pedestrian's official cause of death has not yet been determined.
While bicyclists are often the victims of tragic accidents, especially when cars and trucks fail to share the road, it is important to remember that bicyclists can also cause serious accidents if they fail to pay attention to the rules of the road or ride recklessly or carelessly.
For more information about bicycle accidents or pedestrian accidents, or if you have been suffered serious injuries in any type of transportation accident, contact the top Sacramento personal injury lawyers at the Law Office of Frederick J. Sette for an immediate consultation.
The family of a son who died in a car accident has recently filed a negligence lawsuit arising out of the Mateo County Coroners Office handling of the mans' body parts. According to the lawsuit, the coroners office caused the family severe emotional distress when it sharing brain tissue of the man with a private pathologist in a wrongful death lawsuit. The parents, who are devoutly Jewish, assert that the Coroners Office violated California statutes concerning remains and neglect.
Negligence lawsuits can arise in many situations and involve instances where a duty of care has been created and a breach of that duty causes harm. Generally, a duty of care is a legal obligation that requires individuals, businesses or governmental entities to act with reasonable care to avoid a foreseeable harm. When an entity fails to act with sufficient care, and harm occurs the individual, business or entity may be held liable. The question of duty often turns on a complex legal analysis, so it is important to consult with a knowledgeable Sacramento personal injury attorney if you believe you or a loved on has suffered harm do to a careless or reckless act of another.
Here the actions stem from a wrongful death action filed after a fatal car accident. During that lawsuit, an attorney requested information concerning the son's brain tissue. Rather than turning over the contents of a written report the coroner handed over custody of the man's physical remains. The pathologist took several tissue samples, turning them into at least 20 different slides.
Pursuant to their faith, dissection for a not urgent or medical reason is "a matter of shame and gross dishonor." According to the lawsuit, the family experienced significant emotional distress as the result of the coroner's neglectful indifference to their faith. In legal terms, the family's negligence lawsuit alleges that the coroner breached its duty of reasonable care to the family. Additionally the family faults the coroner for carelessly disregarding a next-of-kin notification policy.
If you have suffered emotional or physical personal injury as the result of another's negligent conduct, it is important to contact a top Sacramento personal injury lawyer to discuss your case and ensure you receive the compensation you deserve.
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.