An investigation is underway into a pedestrian accident that killed a man in a wheelchair. According to reports, the accident occurred in San Francisco’s Hayes Valley neighborhood in the area of Market Street and Octavia Boulevard. The man killed was beloved by many, and was an advocate for making streets safer for the disabled. Ironically, The accident occurred in one to the city’s most notoriously dangerous intersections. In fact, in 2011 Market and Octavia had the most injury collisions of any San Francisco intersection, largely due to drivers making illegal or dangerous right turns, according to SFMTA.
One bystander notes, “I hate to say it, I’m not surprised. There’s been a number of accidents in the past three, four, five months,” said cyclist Michelle Forshner. “As careful as you can be as a cyclist, you’re watching to see ‘okay. I know it’s my turn to go. I’m not going to because these guys are going to hit me.’ You do the best you can, but it’s very scary.”
If you have been injured in any type of serious personal injury accident it is critical that you contact a skilled Stockton injury attorney right away.
Here, several issues may be at play. While certainly officials will investigate issues of driver error, recklessness and rights of way, questions surrounding the safety of the road way and intersection need to be explored. Further, when a particular street or intersection is responsible for a greater than expected number of accidents and injury, legal issues such as whether “roadway negligence” arise. A city or other governmental body may be held liable and responsible for paying damages where a stretch of road is particularly dangerous as the result of poor design, maintenance or other factors.
For more information about pedestrian accidents of roadway negligence, please contact an experiencedStockton personal injury lawyer for an immediate consultation.
Police are learning more about the tragic San Francisco rollover accident that killed a 16-year-old boy in San Francisco. According to reports, Kevin San was heading to school Friday morning when another car slammed into his family’s minivan.The driver of the van has been booked with vehicular manslaughter not involving drugs or alcohol, with gross negligence.
If you or a loved one has been injured in any type of motor vehicle accident, it is critical to contact an experienced San Francisco personal injury attorney right away.
In certain situations drivers responsible for car accidents that result in personal injuries or deaths may be found both criminally responsible and civilly liable. For example, drunk drivers may be found guilty in criminal courts and be required to pay fines or spend time in jail. Further, if their actions injure another person, they may be held liable in a civil negligence or wrongful death lawsuit and be required to pay damages. Damages may include medical expenses, pain and suffering, lost wages and emotional distress.
Here in addition to San’s fatal injuries the accident injured San’s His mother and sister, as well as three other people who were in a different vehicle. The driver of the speeding SUV suffered minor injuries. She was booked into San Francisco County Jail later in the day. Along with facing vehicular manslaughter charges, she’s also been cited for several vehicle code violations. Whether she will face any civil negligencecharges is unknown.
If you or a loved one has been injured in any type of San Francisco accident please call an experienced Stockton personal injury lawyer for an immediate consultation.
A tragic helicopter accident in the Sequoia National Forest has taken the life of a beloved California outdoorsman. According to reports, the Fresno man who led crews of volunteers through the Sierra Nevada mountains repairing trails and cleaning up marijuana grow sites has died after falling 50 feet from a helicopter. The man was to be lowered by a harness from the helicopter into the remote terrain, but something went wrong leading to the man’s death. A spokesperson stated that the accident remains under investigation adding, “They were trained by the Department of Fish and Wildlife and the military … we just don’t know what happened yet.”
Whenever an accident occurs, it’s always a good idea to consult with an experienced Stockton personal injury attorney. Even if filing a lawsuit is the furthest thing from your mind, its important to have someone on your side, investigating just what lead to a particular accident.
In this instance, the man was part of a volunteer effort to clean up illegal marijuana grow sites in the Sierra Nevada wilderness in recent years. The California man along with four other cleanup volunteers were to be transported by helicopter to a spot about 100 feet away from one grow site located in a remote area. The spokesman noted “We could hear on the radio that the helicopter was coming in and lowering the crew members … Then a call went out that somebody had been injured.” Although the man was breathing when he was carried out of the area by emergency medical technicians, he later died at a trauma hospital in Visalia.
For more information, or if you or a loved one has been injured in any type of personal injury accident, contact a dedicated Stockton accident lawyer at the Law Office of Frederick J. Sette for an immediate consultation.
According to California news, a black Lincoln Town Car collided with a Dodge Charger on Divisadero Street in California. Following the collision, the Charger flew through the intersection, knocking into a fire hydrant. The fire hydrant was then dislodged, flying into the air and striking a pedestrian.
The injured pedestrian has filed a personal injury lawsuit – alleging negligence against not only the drivers of the vehicles but also against the transportation tech company Uber. Uber works by connecting passengers with drivers of luxury vehicles for hire. Despite Uber’s claims that it is not a “transportation provider” – this accident raises questions concerning
Just what does happen if you’re an Uber passenger in the middle of an accident? If you have been injured in any type of automobile accident, it is a good idea to speak to a top Stockton accident lawyer right away.
Here the “car-sharing” arrangement set up by Uber creates many questions concerning liability. For example, is Uber covered by private car insurance or by commercial policies that insure a car for commercial purposes? Commercial policies are in effect in those situations where a car is specifically used for a business – such as a car for pizza delivery company. However where Uber is involved, the company doesn’t actually own any of the cars. Uber contends that they have created primarily technology platforms, modern-day phone books that connect people who already have cars (or car services) to people who want to ride in them and, as a result, are not responsible when injuries occur.
However, representatives for the woman disagree noting “for somebody who uses Uber when you log into that app, it doesn’t say ‘We’re going to help you find an independent transportation company.’ It’s saying ‘Here’s an Uber driver. ..Nothing about that relationship makes you think it’s a mere phone book.”
Uber and other “newfangled cab companies,” create risk – by putting passengers into moving cars in busy urban traffic – in precisely the same way that taxi companies create risk. But they’re not taking any responsibility for it.
For more information about Uber car accident or if you or a loved one has been injured in a personal injury accident please contact the top Stockton accident attorneys at the Law Offices of Frederick J. Settle for an immediate consultation.
A tragic case out of New Jersey, in re Matter of John Fiocco, Jr., deceased, highlights the responsibility of public entities to maintain a safe environment. In the wrongful death lawsuit the family of young college student alleges that the College of New Jersey was responsible and should be held accountable for the death of their son. The parents, Susan and John Fiocco allege that “lax security measures” at the campus allowed a stranger to enter their son’s dormitory and murder their son.
The college argued that it was protected from civil suit as the result of immunity laws that shield public and charitable institutions from liability unless the institution was either “grossly negligent” or allowed a “dangerous condition” to exist at the time of an accident. However, the court ruled that allegations that the college allowed open access to the dorm 16 hours a day and did not make sure that exterior doors leading into the dorm and the trash compactor room were locked, could be considered “grossly negligent” and/or a dangerous situation. As a result, the college could not hide behind immunity statutes to shield itself from civil liability.
Similarly in California, public entities may be held liable for creating dangerous conditions. If you have been injured as the result of a dangerous condition on public property or have lost a loved one, a Stockton injury lawyer can advise you of your rights and consult with you regarding your next steps.
Under California law, several different issues and laws may be considered in determining whether to file a wrongful death lawsuit or premise liability claim. For example, was the public entity aware of the dangerous condition? Even if the entity was not aware of a condition – should they have discovered the condition? Did the entity adequately inspect and maintain the property? In the event the entity was aware of a dangerous condition, did it take adequate steps to prevent foreseeable risks of harm?
In almost all personal injury situations, especially those including a wrongful death, a detailed investigation must be conducted and many questions asked concerning the actions any person – or entity- took or failed to take to prevent an accident or injury from occurring.
In the tragic New Jersey case, a judge has determined that the college’s failure to keep its dormitories locked and safe, may be considered “gross negligence” by a jury and as a result, it is possible the college will be found liable and be responsible to pay compensation to the family for damages arising out of the loss of their son.
For more information about wrongful death or premises liability, please contact a dedicated Stockton injury attorneyat the Law Office of Frederick J. Sette, helping families of those harmed by the negligence of others for more than 15 years.
A recent survey conducted by an insurance company tries to answer the question, “Which states have the worst drivers?” The worst driver survey collected data from three different sources – the National Highway Transportation Safety Administration (NHTSA), which reviews driving fatalities, including car accidents, Mothers Against Drunk Driving (MADD), which compiles statistics concerning drunk driving and drunk driving accidents, and the American Motorists Association, which tabulates number of tickets received.
On the whole, California performed fairly well. Overall, it ranked as #36 in terms of having the worst drivers. Although room for improvement exists, California drivers had fewer citations and accidents than average. Further, California ranked quite well for not having “careless” drivers. In fact, California ranked in the top ten for the most careful drivers. Careless driving includes distracted driving such as texting while driving.
Distracted driving remains one of the top reasons for predicting bad driving and is to blame for causing traffic accidents and fatalities. NHTSA warns, “distracted driving is a serious life-threatening practice and we will not rest until we stop it … The message is simple – Put It Down! If you have been injured in a car accident or a loved one has been killed in a car accident due to distracted driving, speak to a knowledgeable Stockton personal injury lawyer at once to determine your rights and help you obtain the compensation you deserve.
According to the study, of the worst ranking states, nine of bottom twenty “careless driver” states made the bottom ten overall. This means that becoming distracted by your self-phone can be just as dangerous as drunk driving.
As a Stockton car accident lawyer I am encouraged by California’s positive ranking in this latest survey and hope that the trend toward fewer serious car accidents continues. For more information, contact the dedicated Stockton personal injury lawyers at the Law Office of Frederick J. Sette.
A Petaluma woman has sued a California nursing home for negligence surrounding the treatment of her mother while in the care of the facility. According to the nursing home negligence complaint filed on behalf of Elizabeth Walter, the 80-year-old woman suffered from malnutrition, infections and dehydration as the result of neglect, negligence and fraud at a Petaluma nursing home as well as by the home health care agency providing her care.
The complaint alleges that the woman suffered a broken hip while Accentcare Home Health of California was providing her in-home care. Walter was subsequently moved to Petaluma Health and Rehabilitation for daily care. While there, she was allegedly denied “appropriate care and treatment that included food, hydration, wound care, monitoring and assessment.” When admitted to the hospital a month later, Walter’s condition had worsened.
If you believe a loved one has been subjected to nursing home negligence, a Stockton injury lawyer can help. An experienced negligence attorney can work with a family to help ensure a loved one receives the care he or she deserves and fight to obtain compensation for any harm incurred.
Elder abuse/nursing home negligence is a particularly troubling form of negligence. Unfortunately, it often occurs at the hands of a trusted family member or caregiver who takes advantage of our elders when they are the most vulnerable. Nursing home negligence can take many forms, including but not limited to:
• Physical abuse
• Verbal/emotional abuse
• Financial impropriety
• Sexual abuse
Although in some cases indications of abuse are not present, other times warning signs exist that your loved one is not receiving the care they deserve. Some elder abuse warning signs include:
• Mood changes – such as becoming withdrawn or quiet
• Deteriorating physical health
• Unexplained bruises or other injuries
• Declining personal hygiene
For more information about elder abuse/nursing home negligence or if you believe a loved one has been mistreated while in the care of a nursing home, contact a Stockton injury attorney at the Law Office of Frederick J. Sette for an immediate free consultation.
California news reports that ten people have suffered serious personal injuries in a tour bus crash. The bus was travelling from Los Angeles to an Indian casino in northern San Diego County. According to reports, 18 people were riding the bus when it veered off the road and smashed into several trees and boulders. Personal injuries sustained in the crash included head injuries and abrasions.
If you or any one you love has been injured in a serious personal injury accident such as a bus crash, it is important to seek legal representation right away. Many times, the extent of your injuries may not be known till several days, weeks or even months after an accident occurs. Consulting with a knowledgeable Stockton personal injury attorney right away is important to preserve your rights.
Here, an initial investigation reveals that the driver reported the bus suffered brake failure and was unable to stop as it entered a curve, smashing into a guard rail and then the trees and boulders. Drugs and alcohol don’t appear to be involved. Whether the brake failure indeed occurred, and the reason behind the failure – such as a defective part or the failure of the bus company to adequately maintain the bus will undoubtedly be investigated.
This accident was the second major cash involving a tour bus in the last ten days. Last week more than 50 people were injured on Aug. 23 when a bus headed to the San Manuel Indian Bingo and Casino overturned along Interstate 210. Authorities said the bus driver made an unsafe lane change and sideswiped a car before crashing. The bus driver was properly licensed and wasn’t charged.
For more information or if you or a loved one has been injured in a transportation accident, please contact a top Stockton bus accident lawyer for an immediate consultation.
Sacramento news reports that a pedestrian was struck and killed by a car Wednesday as she was walking along the shoulder of Winding Way in Fair Oaks. According to sources, a 53-year-old was driving his Ford Taurus eastbound on Winding way when he veered left and crossed over the westbound lane and onto the opposite shoulder. The car struck a 50-year-old female who was walking with a 78-year-old man. The Taurus continued over the curve, down and embankment and struck a tree. He also sustained injuries and was taken to Mercy San Juan Medical Center.
If you or a loved one has been injured in a serious personal injury accident, it is critical to contact a skilled Stockton car accident lawyer right away. A dedicated California personal injury attorney can begin an investigation into all of the factors that may have caused or contributed to a particular incident.
Here – while news reports focus on driver error – that the driver left the roadway, often many other factors play a role in an incident and may provide alternative sources of compensation for your damages. For example, it is important to investigate whether a faulty or defective automobile part contributed to the accident. Were the brakes functioning properly? Were there any issues with the tires?
Other questions include whether the road was properly maintained, i.e. did the man swerve to avoid an obstruction? Was the way the roadway designed in a dangerous manner? Should there have been pedestrian sidewalks?
Car accidents often involve several different considerations. As a result it is important to contact a dedicated Stockton personal injury attorney if you or a loved one has been injured in a serious accident.
1. First of all, try to not panic. In that type of a situation, cooler heads prevail, and the more you’re able to deal with the situation, I think the better off you’ll be.
2. Secondly, ensure the safety of yourself and others. In California, if you’re driving down the freeway, there are signs there that say if you’re involved in a minor fender-bender, please move to the side of the freeway. And that’s good advice. It it’s situation where your vehicle is drivable, if you can move it, I would move it out of harm’s way. In other words, if you’re staying in the middle of the freeway, you’re out of a vehicle, cars are going by, there’s a high likelihood, a distinct chance that something else might happen, an another vehicle may hit you. So by ensuring the safety of yourself and others, if you can, move the vehicle out of any harm’s way.
3. Photographs are a good idea, if you get a chance before moving your vehicle, take photographs. All of us have phones now that you can pull out and take photos of pretty much anything, high quality photos. Take a photo of the damage to the vehicle, take a photo of the positions of the vehicle, take photo of the damage to your vehicle, all of these will help in the event there’s a dispute to what actually happened.
4. Calling the police is a good idea, CHP a lot of times in the event there is no major injury they won’t come out, they won’t take a report. So you want to exchange all information with the other party. Most significantly, if there is somebody that saw the accident, comes up to you and says ‘it’s a horrible thing, it’s not your fault’, get that person’s information. It’s crucial. A lot of the times people walk into my office and they take it for granted that the police are going to find that witness, they’re going to get the witnesses information and take a statement, a lot of time that doesn’t happen. If you have a witness, get their name, get their phone number, get that address, you want to follow up with them in the even there’s some dispute as how it actually happened. Other than that, you’ve done all you can at the scene, if you’re injured, go get yourself proper medical care, and if necessary contact personal injury attorney in Sacramento like myself at the Law Office of Fred Sette a Auto Accident Attorney in Sacramento. I can be reached at 916-710-8555 or fill out the contact form on our website.