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Fatal Bike Accident Leads To Review Of 3-Foot Law

A recent fatal bike accident has led law makers taking a closer look at bike safety and their recent implementation of the "3-foot-rule." The 3-foot-rule as passed in many states and cities requires motorists to give bicyclists sufficient room when passing a bicyclist. On four lane roads, motorists are required to move into the far left lane to pass, whereas on a two-lane road they are required to give 3 feet of space. The accident occurred in a Mississippi town that had adopted the 3-foot-rule, but the town leader believes greater enforcement of the rule is necessary to prevent future accidents.

Although 20 states currently have a 3-foot-rule, California does not. Recently Governor Jerry Brown vetoed Senate Bill 910 which had as its stated purpose requiring "the driver of a vehicle overtaking a bicycle in the same direction pass to the left at a safe distance without interfering with the safe operation of the overtaken bicycle." In September, the California Assembly passed the bill in a 44-25 vote. SB 910 was co-sponsored by the City of Los Angeles and the California Bike Coalition, and enjoyed significant support by the public, advocacy groups and California injury attorneys who are concerned about bicycle safety. 10 years ago a similar bill was unsuccessfully introduced.

The impetus behind California's 3-foot passing law came after a well-known competitive cyclist was struck from behind and killed by a Bakersfield driver. As noted by a supporter, "Senate Bill 910 is not just about the bicyclist, but about the motorist who kills someone. That's who this bill also protects ...maybe if there had been this law and some education about passing bicyclists, the driver would have approached [the bicyclist] differently."

As a Sacramento bike accident lawyer, I see far too many individuals suffer serious personal injuries as the result of car/bike collisions. Some alarming bike accident statistics include:

• About 100 California bike accident deaths occur each year

• 10-15% of all reported bicycle injuries are brain injuries

• 2/3rds of bicycling death come from traumatic brain injuries (TBIs)

• 45-88% of bicyclists' brain injuries could be prevented by wearing a helmet

Although Gov. Brown vetoed the bill in current form, bike safety advocates are hopeful their efforts will improve awareness concerning the very real problems of bicyclists being hit from behind and the danger to cyclists who chose bicycling as a way of transportation as well as for sport and enjoyment.

For more information or if you have been injured in a bike accident, contact the dedicated Sacramento bike accident attorneys at the Law Office of Frederick J. Sette for an immediate consultation.

Orland Construction Accident Injures Two

Orland news reports that a construction accident this past Thursday sent two men to the hospital and left a nearby school and surrounding homes without power for most of the day. The workplace accident occurred when a forklift operator - Mark Godfrey, Jr. - was moving steel beam and hit an overhead power line. He was electrocuted during the incident and suffered serious injuries. Godfrey, Jr. was airlifted to UC Davis Medical Center in Sacramento. A second man, Scott Gully suffered injuries from the construction accident as well. Gully was injured while trying to put out a fire that had ignited on the tires. Cal OSHA was called and began an investigation into the accident.

If you have been injured while on the job, it is important to contact an experienced Sacramento personal injury attorney to provide critical advice and information concerning your next steps. Depending on the circumstances of your matter, on-the-job injuries can be covered by Workers' Compensation law, tort law or both. A knowledgeable personal injury lawyer can provide guidance on the best way to handle your matter.

If some instances, workers may be covered by California worker's compensation laws. These laws may provide compensation in the form of medical payments, lost income, disability compensation and death benefits. Under California law, you generally can't sue your employer for on-the-job injuries, although you may be able to recover worker's compensation payments regardless of fault. Alternatively, in some instances you may be able to bring a tort law suit where a work place injury was caused by a third party - such as a manufacturer of dangerous equipment used at a worksite or a company who's product creates a hazard from toxic exposure.

Determining the appropriate laws and steps to take to recover compensation if you've been injured at work are complex. Here, if the men seek compensation for their injuries, several factors will determine both the laws regarding and the type the damages they may recover.

For more information or if you have been injured in a work-related accident, contact the Sacramento workers' compensation attorneys at the Law Offices of Frederick J. Sette for an immediate consultation.

4 Million Americans Admit Driving Under The Influence

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. 

Encino Man Arrested In Fatal Car Crash Involving Chowchilla Teens

KSEE 24 News out of Fresno and Visalia reports that a 32-year-old Encino man has been arrested in a fatal DUI accident that occurred last weekend. Sancho Kibufu was allegedly driving under the influence on Golden State Boulevard in Madera when his car went across the centerline, hitting a car carrying four teenage boys from Chowchilla. Three of the boys suffered serious injuries and one was killed. Kibura is being charged with vehicular manslaughter.

If you have been injured in a car accident, including a drunk driving auto accident it is important to contact an experienced Sacramento auto accident attorney to determine your next steps. Not only do drunk drivers face criminal penalties, but they may also be liable in civil actions for personal injury and wrongful death.

Drunk driving injury accidents are far too common. Statistics provided by Mothers Against Drunk Driving (MADD) reveal that 17,013 people were killed due to alcohol related car accidents in 2005, representing forty percent of the nation's total traffic deaths. This figure has likely increased since last reported.

Where a victim dies as the result of a drunk driving auto accident, families are torn apart without any warning and suffer an unimaginable loss. Although speaking to a drunk driving accident attorney may be the furthest thing from your mind, it is crucial in order to protect your right to obtain compensation. In many situations, survivors may be able to file a wrongful death lawsuit to recover damages for medical bills, mental anguish and the loss of companionship.  

As a Sacramento personal injury lawyer I am hopeful that California roads stay safe this Labor Day weekend and people who drink act responsibly and designate a sober driver.

For more information, or if you or a family member has been injured in a drunk driving car crash or any type of car accident, contact the dedicated Sacramento accident lawyers at the Law Offices of Frederick J. Sette for a free consultation.

Drunk Driving Accident Injures CHP Officers

Bakersfield news reports that a former substance abuse counselor was arrested on DUI charges after a drunk driving accident. According to the news, Jessica Woodward slammed her car into the back of a California Highway Patrol vehicle while the officers were performing a traffic stop. The driver and the two officers all received injuries and were treated at local hospitals.

If you have been injured in a drunk driving accident, it is important to contact a Sacramento drunk driving accident lawyer to provide advice concerning your next steps.

Drunk driving is one of the leading causes of car crashes in the United States - representing 40% of the total traffic deaths. On average, a drunk driving accident occurs every 30 minutes, putting all California drivers at risk.

If you suffer injuries as the result of a DUI crash, the drunk driver may be liable for civil damages in addition to facing criminal charges. If you are injured by a drunk driver, an experienced Sacramento personal injury attorney can help you recover compensation for medical bills, physical pain, lost wages, emotional distress and loss of enjoyment. If the damages are permanent, you may also recover damages required for future care, economic loss and mental anguish.

Here, the police officers were the victims - injured when the drunk driver hit their vehicle. Criminal charges were filed - it is unknown whether the officers will seek to recover civil damages as well.

With the end of summer and Labor Day approaching, the number of drunk drivers on Sacramento's roads is increasing. Use caution while driving, understand the steps to take if you are in a car crash and contact an experienced drunk driving accident lawyer if you are injured in an accident.

For more information, contact the dedicated Sacramento personal injury lawyers at the Law Office of Frederick J. Sette, helping those injured by the carelessness and recklessness of others for more than 15 years.

California Worker's Compensation - California Supreme Court Reviews Cost Of Living Adjustments In Christine Baker as Administrator v. Workers' Compensation Appeals Board and X.S.

Generally, if you've been hurt on the job California worker's compensation determines your right to recover. However, in some cases a tort remedy (i.e. filing a civil lawsuit) may be available. Other times, both types of claims may be filed. Consulting with a Sacramento worker's compensation lawyer is the best way to determine your next steps and your best options to obtain compensation when you've been injured.

On the job injuries include a variety of situations, from obvious injuries requiring medical care - such as head and brain injuries, back injuries and slips and falls - to diseases acquired from working around toxic substances such as asbestos and conditions that develop as the result of repeated strain or continuous trauma.

Where workers' compensation provides recovery to victims of work place accidents, you may be able to recover medical costs, lost income, expenses related to vocational training, permanent disability compensation and death benefits. A recent California worker's compensation case reviewed just how damages from work place injuries should be measured. Specifically, it evaluated how cost of living adjustments (COLAs) should be determined. This is a significant decision because it determines whether payments are measured prospectively from January 1st of the first year after a worker is injured or retroactively to January 1st after the year in which a worked is injured.

Here, a worker was injured in 2004 and asserted that his weekly payment should be adjusted based on his injury date. The appeals court agreed. However, the California Supreme Court overturned this decision. The Court reasoned that COLAs are intended to be "calculated and applied prospectively commencing from January 1st following the date on which the injured worker first becomes entitled to receive, and actually begins receiving such benefit payments."

Workers' compensation laws are complex and can be very confusing. An experienced Sacramento workplace accident lawyer can evaluate your circumstance and determine whether alternative avenues to compensation exist. Because recovery of damages may be limited in a worker's compensation case, filing a tort claim may provide an opportunity for greater recovery. 

Workplace accidents that may allow you to file a civil lawsuit include where a third party is somehow involved in causing the accident. This may be where a manufacturer provides malfunctioning equipment used at a work site and this equipment injures you, where you are exposed to toxic substance, if you are injured in a traffic accident caused by another driver or where a third party contractor creates a dangerous condition that leads to harm. In fact, many different types of negligence third party actions exist that may allow an individual harmed in a workplace accident to bring a civil lawsuit. Types of lawsuits available may include product liability or premises liability. If successful, you may be able to recover past and future medical costs, past and future lost wages, emotional distress and other damages, often substantially more than is available through California worker's compensation laws.

Because workplace accidents involve so many different factors and considerations, it is best to contact a Sacramento personal injury attorney to determine the best strategy for you to ensure you are compensated for your harm.

For more information, or to speak with a dedication Sacramento injury lawyer, contact the experienced Sacramento accident attorneys at the Law Offices of Frederick J. Sette for a confidential consultation.

Dangerous Conditions - Toddler Dies After Falling Into Glenn County Canal

The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.

Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."

Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.

A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.

Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.

Here, it is unknown how the accident occurred and how the boy was able to get into the irrigation canal. Many times, simple steps such as placement of a barrier or fence may be able to avert a tragedy.

For more information, or if you have been injured as the result of a dangerous condition on public property, contact the experienced Sacramento premises liability lawyers at the Law Offices of Frederick J. Sette for a free consultation.

Sacramento Boating Under The Influence Campaign Underway To Prevent Boating Accidents

News reports that Operation Dry Water kicks off this weekend in an effort to prevent boating accidents caused by boating under the influence (BUI). From June 24 to June 26th, marine law enforcement will be out in force patrolling Sacramento and California lakes and rivers, searching for those BUI.

The show of force is part of an annual campaign focused on reducing the incidence of boating accidents. If you have been injured in a boating accident, it is critical to contact a dedicated Sacramento boat accident lawyer to discuss your rights and explore your next steps.

Statistics reveal that more than 17 percent of boating fatalities are relating to alcohol use. California law prohibits operating a boat with a blood alcohol level of .08 percent or higher. Despite laws restricting operating a boat wile drinking, California does not have an open container law prohibiting alcohol on board. As the result, often boating creates a "party atmosphere" leading to reckless and negligent behavior. Whether you are a driver or passenger, it's a good idea to remain sober while on board.

If you plan to go boating this summer - play it safe. Wear a life jacket and avoid alcohol while out on the water.

For more information, or if you have been in California boat accident, contact the Sacramento personal injury lawyers at The Law Office and Frederick J. Sette for a free consultation.

Safety Precautions Necessary To Avoid Sacramento Boat Accidents

With Memorial Day marking the unofficial kickoff of summer, it is important to remember a few boating tips and to be aware of potentially new risks and hazards in the Sacramento area waterways. In fact, as stated by Sacramento County Parks Director Janet Baker, Sacramento's American River is a "different river" this year - with colder water and swifter currents than in previous years. As a result, officials are warning boaters to be wary of faster conditions in order to avoid being injured in a boating accident.

If you or a loved one is injured in a boating accident, it is important to contact an experienced Sacramento boat accident attorney to investigate the circumstances surrounding the incident and help you obtain the compensation you deserve.

When people plan to spend the day boating, an accident may be the furthest thing from their mind. However, boating accidents can result in serious injuries or deaths so proper planning is critical. In fact last year alone, 570 boating accidents occurred in California, resulting in 236 injuries and 49 deaths.

Of those killed, the majority were not wearing flotation devices. Under California law, boat operators /owners are responsible for ensuring each passenger has a life jacket. The failure to have appropriate safety equipment may lead to a claim of negligence.

For more information, or if you or a loved one has been injured in a boating accident, contact the dedicated Sacramento personal injury lawyers at the Law Office of Frederick J. Sette.

Boat Accident Leads To $2.998 Million Judgment

A woman injured in a slip and fall accident while on a Carnival Cruise was awarded $2.998 million. A federal judge determined the cruise line had known about several prior accidents on the resin surface it installed on its pool deck - both on this ship and on other ships. The surface was hard and slippery as ice, leading the woman to fall and suffer a fractured patella. As a result of the fall, she needed six surgeries and will require one to two total knee replacements.

When boat accidents occur - whether a privately owned boat or a commercially owned cruise ship - the laws governing your right to recover damages and the boat owner's responsibility for reporting and providing medical attention may be complex. An experienced boat accident litigation lawyer can provide needed answers and help you obtain the compensation you are entitled to.

Here after initial discovery the cruise line admitted liability, leaving only the question of damages for trial. However, often times boat owners or operators will deny any wrongdoing requiring a skilled boat accident lawyer to show that it was the owner or operator's failure to use reasonable care that caused the accident. This may be shown in the same manner as for any personal injury - i.e. was the boat owner or operator careless or reckless and did this carelessness or recklessness injure the passenger? Where the negligence of a boat owner or operator causes an injury, compensation may be recovered.

For more information, or if you have been harmed in a boat accident, please contact the experienced Sacramento personal injury lawyers at the Law Office of Frederick J. Sette, dedicated to helping those injured for more than 15 years.