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Questions Raised Concerning Uber’s Liability In Car Accident That Injured Pedestrian

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.

Pedestrian Killed In Fair Oaks Car Accident

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.

Things to do after a car crash.

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.

BART Operator In Fatal Railway Accident Was A Trainee

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.

Evidence Suggests Truck Driver To Blame In San Francisco Bike Accident

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.

San Jose Hit-and-Run Collision Kills Two

San Jose authorities are searching for a driver in a suspected hit-and-run accident that occurred early this morning.  The head-on collision killed two women.  Reports indicate that the women were riding in a Toyota Yaris and had taken a left when someone driving a Mercedes sedan slammed into the front of the car.  Just a few minutes earlier police had attempted to pull over the Mercedes sedan after they had seen it driving erratically.   The vehicle drove rapidly through a red light, turning left onto First St., at which point the officers decided not to engage in what they said would have been a risky pursuit on city streets.

If you or a loved one has been injured in any type of car accident – including head-on collisions – it is important to consult with a skilled Sacramento car accident attorney right away.  A knowledgeable car collision attorney can begin an investigation into all of the factors surrounding your case and help ensure you get the compensation you deserve.

The tragic deaths of the two women in this instance was compounded by the fact that the responsible driver fled the scene.    Most states including California require that a driver stop as soon as is safe following an accident.  California Vehicle Code Sec. 20001 provides that any driver regardless of fault must stop after an accident that involves property damage or personal injury and exchange identifying information.   In the event you are not the owner of the car, you must also provide the name and address of the registered owner. 

However, despite laws requiring drivers to stop, people may still flee the scene of an accident for a variety of reasons.  Many times, individuals simply panic and don’t know what to do.  They may be scared, but then later contact the authorities to report an accident.  Other times, a hit-and-run accident may be the result of drunk driving.  In these situations a driver may fear arrest and fail to stop, making the situation and potential penalties even worse.  Whatever the motivation, it’s always better to stop than to flee the scene of an accident.

In this instance, the driver fled on foot.  Police continue their investigation.

For more information, please contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate consultation.

Drug Counselor Accused Of Drunk Driving In Fatal Pedestrian Accident

California news reports that a the driver responsible for killing a pedestrian in a California drunk driving accident was a drug counselor at a Torrance treatment center. The suspect, Sherri Wilkins, tried to help others deal with the addiction she had "tried to put behind her."

According to the Los Angeles Times, the pedestrian accident occurred when Wilkins allegedly hit a man while she was driving under the influence on Torrance Boulevard. After she struck man, she continued to drive for more than two miles with the victim embedded on her windshield.

The victim, Philip Moreno, still had a pulse when the police officers arrived, but died shortly thereafter at a nearby hospital. Wilkins' blood alcohol content was more than double the legal limit of 0.08. She was subsequently arrested on the suspicion of driving under the influence and manslaughter.

This accident is a tragedy for all involved.

If you or a loved one has been injured in a drunk driving accident, its important to seek the advice of an experienced Sacramento personal injury attorney at once. Where a drunk driving accident leads to an injury, the driver may face at least two separate and distinct legal proceedings. First, the driver may face criminal charges and penalties as the result of a DUI. Additionally, in a personal injury accident the victim may be able to recover damages in a civil lawsuit. Where a wrongful death occurs, the victim's family may be able to recover compensation in a negligence lawsuit. Talking to a skilled Sacramento injury lawyer as soon as possible after an accident is important to determine your rights and protect your interests in the event you are interesting in pursuing a civil lawsuit for damages.

While filing a lawsuit after a tragedy may be the furthest thing from your mind - often the costs associated with a significant personal injury or death can be substantial.

In many situations it may be possible to recover substantial compensation to offset these costs such as:

• Medical expenses

• Current and future wages

• Pain and suffering

• Emotional distress

Sometimes where the negligent actions are particularly reckless it may be possible to recover punitive damages.

Here details from the pedestrian accident are slow to emerge. Wilkins allegedly panicked after hitting Moreno and kept driving. Other drivers somehow managed to stop Wilkins and grab her keys several blocks later at 182nd Street and Crenshaw Boulevard. Wilkins told police she was on her way home from work at the time of the crash however officials from the treatment facility said they were closed at the time of the incident.

Sadly, Wilkins had been on the road to recovery when the accident occurred.

For more information or if you or a loved one has been injured in a drunk driving accident, contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate appointment.

Every 46 Minutes A Child Suffers A Bounce House Injury

A new study published in the most recent issue of Pediatrics reveals an alarming statistic: Bounce houses injure a child every 46 minutes. The number of injuries from inflatable bouncers - including moonwalks, castles and bounce houses - has increased by 15 times since 1995, causing 5+ injuries per every 100,000 American children.

Just a few months ago a similar warning was issued by the American Academy of Pediatrics (AAP) concerning at home trampoline use. In September, AAP issued a statement discouraging the recreational use of trampolines, stating the activity "poses a major injury risk for kids and there's no clear way to reduce chances of getting hurt."

If you or a loved one has been injured on while on a trampoline or bounce house, it's a good idea to consult with an experienced Sacramento personal injury lawyer. Depending on the circumstances of your matter it may be possible to recover compensation for your injuries through a negligence lawsuit based on product liability, premises liability or other theory of recovery.

Like bounce house injuries, trampoline injuries occur far more frequently than many people imagine. According to the study in 2009, the last year of available data, trampoline injury rates were 70 injuries per 100,000 children ages 0- to 4-years-old and 160 injuries per 100,000 5- to 14-year-olds, for a total of 98,000 injuries that year. Older kids were more likely to use a bicycle or other unsafe equipment on the trampoline, while young children under the age of 6 were most likely to get hurt. Between three percent and 14 percent of the injuries required hospitalization.

"Unfortunately, the very forces that make trampoline use fun for many children also lead to unique injury mechanisms and patterns of injury," the statement's authors write.

Trampoline and bounce house injuries include:

• Fractures 

• Dislocations

• Sprains and strains

• Broken bones

• Head and neck injuries

• Spinal cord injuries

The most serious injuries often result from failed attempts at somersaults and flips while bouncing, sometimes resulting in lifelong injuries.

A director of the bounce house study noted: "It is time for us to take action to prevent these injuries ... Ensuring that parents are aware of the potential risks, improving surveillance of the injuries, developing national safety guidelines and improving bouncer design are the first steps."

"Because children are the end users and because companies typically do not provide the supervision on rented inflatable bouncers, the burden of safety falls ultimately on the parents' shoulders." Further while bouncers can be fun and safe when used properly, "Parents should be familiar with the risks and dangers and should receive proper supervision instruction."

For more information about bounce house or trampoline safety, or if you or a loved one has been injured while on a trampoline or bounce house, please contact an experienced Sacramento personal injury attorney at the Law Office of Frederick J. Sette for an immediate consultation.

Zoo Reportedly Followed All Precautions In Tragic Wild Dog Mauling Accident

A preliminary investigation into the accident that claimed the life of a young boy reveals that the zoo met or exceeded all safety requirements for animals and visitors, proving that no exhibit is "fail-proof" as explained by the zoo's president. The horrific accident occurred after the boy fell into an African wild dog exhibit. Although nearby staff responded "within seconds," it was too late to save the boy.

The zoo has been open since 1898 and this was the first time there's been a "visitor incident of this magnitude." The incident occurred after the boy's mother put him on a wooden railing on the edge of a viewing deck. The boy fell and bounced of the netting intended to catch him. He then dropped into the enclosure holding the dogs.

Initial reports reveal no signs of negligence - the Pittsburgh Zoo had successfully completed its five-year review in September and the U.S. Department of Agriculture had inspected zoo recently and found it safe.

Fortunately, incidents like these are rare and show the need to follow strict safety precautions on both the part of the owner/operator of the zoo as well as the patrons. Many times attending an event - whether going to the zoo where there are dangerous animals, spending the day at an amusement park riding rollercoasters or attending a baseball game with the hopes of catching a foul ball - involves a certain amount of risk taking and danger.

Whether the amount of risk you are exposed to is "reasonable" is often a legal question. If you or a loved one has been hurt as a patron, it's important to consult with an experienced Sacramento personal injury attorney. Often, determining whether you may be entitled to compensation involves a complicated analysis of the risks involved, the warnings provided and other factors.

Where an unreasonably dangerous condition exists that an owner or operator knew of or should have known of but failed to either correct or provide sufficient warning, they may be held liable for damages in a "premises liability" lawsuit.

However, in many situations the "danger" is part of the fun - such as amusement park rides where you expect to be frightened and thrilled, just not hurt. California law continues to grapple with the scope of the "assumption of risk" defense - that is where a patron "assumes the risk" of injuries from the inherent risks of an activity.

Where an owner/operator takes steps to eliminate dangers and warn of potential risks, the injured party may face challenges recovering compensation for injuries resulting from a dangerous activity. Alternatively, where an owner/operator allows an unreasonably dangerous condition to exist, they may be held responsible for harm that occurs and required to pay damages.

In the zoo instance, initial reports suggest that this was simply a tragic accident. Other zoos and exhibits are sure to examine just what happened in an effort to prevent other such incidents from occurring again.

For more information about premises liability or dangerous conditions lawsuit, contact the top Sacramento negligence attorneys at the Law Office of Frederick J. Sette for an immediate consultation.

California Roll Over Accident Leads To The Death Of Two Teens

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

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

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

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

 • Neck injuries

 • Head injuries

 • Traumatic brain injuries

 • Broken bones

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