Bicycle accident lawyers in Sacramento will watch the development of an accident claim that focuses on code governing pedestrian safety in Sacramento. Bicycle accidents have become increasingly common as residents choose bikes over cars for transportation in Sacramento. Our bicycle accident lawyers feel the action filed by Hilary Abramson may force clarification or change to a local code that appears to conflict with a state vehicle code.

The 69-year-old woman was hit by a bicyclist riding on a sidewalk in Sacramento. Her bicycle injury law suit asks for compensation for pain and suffering that included two weeks in the hospital and surgery. As a result of these Sacramento bicycle accident injuries, our lawyers say she is disabled with one leg shorter than the other. At the heart of her legal action is state vehicle code that would require bicycles to only ride on streets in Sacramento. Bicycle accident lawyers in Sacramento, however, know that a local traffic code indicates it’s okay for bikes to be on sidewalks in residential neighborhoods.

Her Sacramento bicycle injury claim is for $3.5 million. But, the victim explained her aim is to create greater safety for pedestrians in Sacramento. Bicycle injuries like hers would not happen, she believes, if safety laws were consistent and enforced in Sacramento.

Bicycle Injury Lawyers see Rise in Accidents
With an increase in people riding bikes to work and school comes greater threat to riders and pedestrians in Sacramento. Bicycle injury is most often associated with riders being hit by vehicles with bicyclists being extremely vulnerable on the streets of Sacramento. Our personal injury attorneys at Sette Law cite data from the national Pedestrian and Bicycle Safety Center that shows an increase in injuries from 2011 to 2012 with 49,000 reported injuries to riders. Our Sacramento bicycle injury lawyers, however, say this figure does not reflect reality – the Safety Center reports most bicycle injury accidents go unreported nationally and, by extension, in Sacramento.

Our Bicycle injury attorneys at Sette Law encourage bike riders to know and follow best practices as outlined by the League of American Bicyclists. Although the rules appear simple, they could prevent serious accident, even death, in Sacramento. Bicycle injury accident prevention includes:
Be predictable when riding in Sacramento: Bicycle accidents could be avoided if riders follow traffic laws, signal turns, ride consistently straight and make their moves clear.
Be conspicuous: Prevent Sacramento bicycle accidents by wearing bright colored clothing, riding where vehicle drivers can see you, using reflectors on bikes and making eye contact with drivers in Sacramento.
Avoid bicycle accidents by thinking ahead: Constantly watch for what car drivers may do next, like turn or swerve, or open car doors in your path. Be aware of road hazards, potholes and debris, when riding in Sacramento. Our bicycle accident attorneys also note the safety group advises riders not to ride on sidewalks!
Finally, safety first: The league suggests riders have appropriate tools and always wear helmets. Our Sacramento bicycle accident lawyers go one step further and add that, since head injuries are a leading cause of death and injuries to riders, a helmet should be a basic personal requirement for bicycle riders in Sacramento.

Personal injury lawyers at Sette Law will monitor developments in the Abramson case and hope for greater clarification of traffic laws that creates greater safety for pedestrians and bicyclists in Sacramento.

At Sette Law, our Sacramento car accident lawyers watch in amazement as GM recalls continue to mount and some responsibility is shared with federal regulators. A spotlight now falls upon the National Highway Traffic Safety Administration (NHTSA) with allegations it was aware of some GM defects years before GM issued a nationwide recall that includes owners in Sacramento. Injury lawyers are concerned that NHTSA’s vigilance fell short of reporting failures in ignition switches that failed and cut off power to airbags in some GM models. Sacramento car accident lawyers have long looked to the NHTSA for reliable information about safety on the streets and freeways of Sacramento. Now, personal injury attorneys learn that a congressional report faults the agency for not making public their findings in 2007.

This revelation comes as GM recalls in 2014 mount to 39 million, impacting drivers everywhere, including Sacramento. Car accident lawyers at Sette Law note that the NHTSA continued to investigate crashes of GM cars related to faulty ignition switches without highlighting the issue until GM itself finally went public.  Our Sacramento personal injury lawyers point out that an NHTSA deputy administrator claims GM cloaked problems by not using the term “defect” in its reporting to NHTSA about the switches. Nonetheless, Sacramento car accident lawyers understand that, as a government agency, the NHTSA has the responsibility of public trust and must live up to that for car owners in Sacramento.

Car accident lawyers also note that the NHTSA had also bestowed a “five Star” crash safety rating on the Chevy Cruze which was later recalled for airbag defects.  This is not the quality of service expected of the NHTSA by drivers in Sacramento.

Injury Lawyers watch Settlement Challenge
Further complicating the GM saga is a recent court decision that was decided in favor of the family of a young woman killed in the 2010 crash of her Chevy Cobalt. Sacramento injury attorneys say the family had arrived at a settlement with GM a few months before the ignition switch defect was made public and recalls were launched. The recent lawsuit sought to overturn the settlement so that the family could move forward with legal action. According to our Sacramento injury lawyers, it was the family’s accident attorneys that hired an expert engineering firm to analyze the mechanics of the Cobalt switch. They discovered the switch had been redesigned to prevent failure, substantiating the family’s claim that GM was aware of the defect leading to their daughter’s death. The court agreed and, Sacramento car accident lawyers say the family is moving forward toward a trial that could impact similar claims in Sacramento. Our injury lawyers say that GM expressed disappointment with the court ruling and claimed they had made the earlier settlement “…in good faith.”

GM Fights to Minimize Liability
Parties suffering injury and loss due to GM defects should be aware that GM mounts its own defense against liability, according to Sacramento car accident lawyers at Sette Law. For example, the company refuses to accept responsibility for the death of a back seat passenger in the 2006 crash of a Cobalt. GM injury attorneys limit their liability only to the young woman driving the vehicle because the Cobalt had front seat, not back seat, airbags. Our Sacramento personal injury attorneys believe this corporate approach is grossly unfair to both families who loss of daughters is equal, regardless of where they were seated in the deadly accident caused by the ignition switch defect.

Victims and their families, according to Sacramento personal injury attorneys, will have to be prepared for a vigorous legal battle as GM seeks to minimize its costs and responsibility.

Known in the legal world as tort law, personal injury cases involve a variety of circumstances for our clients in Sacramento. Personal injury lawyers work with clients to win compensation for harm they have suffered due to negligence or an intentional act. At Sette Law in Sacramento, injury attorneys specialize in this specific niche of law that also requires broad knowledge of a range of circumstances that can lead to litigation.

Our Sacramento personal injury lawyers know that high profile cases such as the 1994 McDonalds scalding coffee lawsuit are familiar to people because they made bold headlines. But, for most of our clients in Sacramento, our injury attorneys deal with more commonplace issues such as slip and fall cases, car crashes, dog bites, wrongful death and malpractice lawsuits. Another type of grievance that involves libel and slander has become more frequent with our Sacramento personal injury lawyers – particularly with the rise of such issues due to the use of the Internet to defame individuals and businesses.

Another arena that’s prominent in national news is increasing legal action against car makers for accidents caused by defects. Sacramento injury attorneys at Sette Law carefully follow developments in these cases to support clients in Sacramento.

Personal injury lawyers also represent people who were intentionally harmed. Unlike accidents that happen due to negligence or recklessness, such cases will likely have the additional component of a criminal charge against the individual causing the harm to our client in Sacramento.

Injury lawyers emphasize that personal injury litigation must be related to negligence or dangerous conditions by a person or an entity that owes individuals a “duty of ordinary care.” Our Sacramento personal injury lawyers point to the “duty” of GM to provide safe vehicles for drivers across the nation and in Sacramento. Injury lawyers say manufacturers and similar organizations share this responsibility. Individuals such as physicians and surgeons, landlords and others are in a similar position of duty to people in Sacramento.

Personal injury lawyers explain that dog owners also have a responsibility to public safety. Dog bite lawsuits are not uncommon and usually involve animals that are off-leash and out-of-control. In Sacramento, injury attorneys may seek compensation for medical bills, pain and suffering, costs of surgery and other expenses related to a dog bite in Sacramento.

Personal injury lawyers should be selected on the basis of their expertise and experience in the particular arena of law.

As Sacramento Personal injury lawyers, we’ve watched as head injuries as the result of high school and college sports have increasingly made headlines. The good news about this development is that finally public awareness about this serious risk to young athletes is rising in Sacramento. Personal injury attorneys once had to battle to get recognition that traumatic brain injury is, in fact, associated with some of the most popular youth and college sports in Sacramento. Head injury lawyers at Sette Law may now refer to many high profile cases of brain injury lawsuits that have brought financial assistance to victims as well as spurred changes in safety on athletic fields. 

We now know that traumatic brain injury is the most frequent cause of death in sports-related injuries. Our Sacramento head injury attorneys say that, although this awareness is growing, some sports organizations have been slow to support injured athletes. Protection such as reducing physical contact in practices and regulating when an injured athlete can return to play are yet to be implemented by national organizations, leaving that responsibility to individual colleges including those in Sacramento. Head injury attorneys believe this policy creates an uneven patchwork of regulations. Our Sacramento injury attorneys hope that such reasonable protections will be implemented throughout the country and in Sacramento.

Head Injury Lawyers monitor Multiple Sports
Traumatic brain injury is not limited to football in Sacramento. Our personal injury lawyers also track sports such as soccer, ice hockey, wrestling and more. There is even an increase in brain injuries to cheerleaders! Sacramento head injury lawyers say that cheerleading has changed from shaking pom poms to highly athletic routines that involve gymnastics. Falls related to risky stunts have led to head injuries and concussions that account for approximately 20 percent of cheerleading injuries. At Sette Law, our Sacramento personal injury lawyers are also tracking the growing popularity of soccer for youngsters, adults and professional players in Sacramento. Head injury attorneys say that a McGill University study revealed that over 60 percent of college players showed symptoms of a concussion in a single season.

Head Injury Lawsuit Settlement is Insufficient
Sacramento injury attorneys believe brain injuries will continue to rise across the spectrum of sports so long as national governing organizations fail to step in with clear regulations to protect athletes. A settlement in a brain injury lawsuit recently announced by the NCAA only raises our concern for athletes in Sacramento. Personal injury lawyers applaud some elements of the class-action lawsuit settlement but point out there is no fund for damages suffered by athletes across America or in Sacramento. Instead, a personal injury lawyer must sue on behalf of individuals with serious brain trauma. In addition, colleges throughout the nation retain discretion in returning players to the game after they’ve experienced brain injury. Our Sacramento personal injury attorneys believe that significant changes are necessary to protect athletes from brain injury and, sadly, that change seems slow in coming.

Personal injury attorneys at Sette Law are keeping a close eye on the recent recall of Chevy Cruze vehicles with airbags made by Takata Corp., headquartered in Japan. To date, GM has recalled 33,000 Cruze vehicles made in 2013 – 2014.

The problem is not related to GM’s other massive recalls involving airbags, and our Sacramento injury lawyers point out the result of the defect is also different. According to a personal injury lawsuit filed on behalf of Brandi Owens, a car accident victim in Georgia, the Takata airbags can explode with excessive force causing grave injury to drivers or passengers. Our Sacramento car accident lawyers also point out the drivers-side airbags can “rupture” and expel metal fragments which prevent the bag from inflating. The Georgia woman lost her sight in one eye due to the defective airbag.

At Sette law, our Sacramento car accident lawyers monitor the work of the National Highway Traffic Safety Administration to stay current with the agency’s investigations and findings. In the Georgia case, the NHTSA probe made it clear this Takata defect is different from the massive airbag-related GM recall earlier this year that affected car owners in Sacramento.

Personal injury attorneys are challenged to follow recall actions that now involve numerous car makers from Asia and Europe to the streets of Sacramento. Personal injury attorneys observe that in June, Japanese firms such as Honda and others issued global recalls for nearly 3 million cars based on airbag problems. Our Sacramento car accident lawyers point out that, thus far, 10.5 million cars equipped with Takata airbags have been recalled worldwide. Less publicized is the precautionary recall of BMW 3 Series cars, also equipped with Takata Airbags, according to our Sacramento injury lawyers.

The circumstances of the Owens lawsuit are cause for concern for drivers in Sacramento. Car accident lawyers in our firm pay attention to vehicles with Takata airbags, regardless of the make of the car. According to police reports, Brandi Owens was at an intersection and traveling at a slow rate of speed that should not have triggered an airbag. But, the bag exploded and careened into the back seat of the Chevy Cruze.

At Sette Law, our Sacramento personal injury attorneys look beyond immediate events to the underlying causes and commonly shared circumstances of car accidents, particularly in cases such as the flurry of airbag defects that could harm drivers in Sacramento.  Car accident lawyers must not only be able to advocate for victims in court but also possess a breadth of knowledge about similar cases nationwide. Our Sacramento injury lawyers develop this broad expertise so that we can help car accident victims receive fair and just compensation for their injuries.

A popular member of the Stanislaus County Bicycling Club died Monday after being struck by a pick-up truck. According to the Modesto Bee, William Foltz, 73, was an easygoing man who “always rode with a smile on his face.” Foltz was in the right lane and put his hand out to signal before attempting to cross the left lane. Unfortunately, the lane was not clear and he was hit from behind. The investigation is ongoing, but the driver has not been cited.

Foltz’ accident underscores the hazards of bicycling. Despite the prevalence of bicycling on California roadways, many motorists fail to share the road with cyclists. Unfortunately, in car vs. bike accidents, the bicyclist often suffers serious injuries such as broken bones, brain injuries and head trauma.

Some simple safety tips can help reduce your risk of injury. These include:

• Always wear a helmet

• Wear bright colors

• Obey traffic controls

• Ride your bike near the right-hand edge of the road

• Use hand signals when turning or stopping

• Be careful when checking traffic

Although bicyclists need to take precautions, motorists have to do their part and allow bicyclists room to maneuver. As a result of this latest accident, some cyclists are calling for Modesto to enact a “3-foot rule” such as that adopted in other cities requiring drivers yield at least 3 feet to bicyclists on the road.

As a bicycling enthusiast and bike accident attorney, I support efforts to increase bike safety on California roadways. For more information, or if you or a loved one has been injured in a bike accident, please contact the Law Office of Frederick J. Sette.

Memorial Day weekend marks the traditional start of summer, and the Modesto Bee reports that local officials are speaking out against the dangers of boating on the Central Valley’s waterways without a life jacket.

According to the National Safe Boating Council, 520 boating accidents were reported in California in 2008, along with 45 deaths.

California law requires anyone under the age of 13 to wear a life jacket while boating.

Other safety precautions include:

• Always ensure you are prepared. This means having the right safety equipment on board as well as basic first aid kits.

• Check the weather before you head out. Storms with thunder and lightening can crop up in an instant.

• Do not exceed your boat’s capacity in weight or horsepower.

• Passengers should remain seated.

For a complete list of boating safety tips, see the California Department of Boating and Waterways.

Unfortunately, boating accidents can and do occur. When an accident does occur, certain circumstances such as significant personal injury or boat damage require that you must file a report.

As a California boating enthusiast and personal injury attorney, I encourage you to follow some simple rules to ensure safety on California waterways. For more information, or if you have been injured in a boating accident, please contact the Law Office of Frederick J. Sette.

The week provides a great opportunity to raise awareness among California bicyclists – as well as drivers – regarding bike safety. In conjunction with National Ride to Work Week, professional bike racers emphasized the need for safety after Lance Armstrong crashed in the Tour of California, causing him to drop out, and David Zabriskie, a bike/car collision survivor, won Stage 3 of the Tour from San Francisco to Monterey and took the overall lead.

Armstrong’s injuries include a large gash below his eye and a severe bruise.

Zabriskie’s injuries occurred several years ago, during a training ride.

According to the National Highway Traffic Safety Association (NHTSA), 540,000 bicyclists end up in the emergency room after suffering bicycling accidents.

In 2003, Zabriskie was injured when a car turned suddenly in front of him. He was hospitalized with a shattered leg. After his accident, Zabriskie started “Yield to Life,” an organization dedicated to raising bike-safety issues, emphasizing drivers and cyclists sharing the road.

Zabriskie states that safety is really about using common-sense. Car drivers need to be more patient. Even a “tap” from a car can make a cyclist fall, shattering bones or causing substantial injuries, such as brain, back or head injuries.

At the same time, cyclists need to follow the rules. They need to wear protective gear and pay attention to the rules of the road.

Zabriskie also notes that too often cyclists and drivers are pitted against each other. Instead they need to work together. Drivers should remember that cyclists have a right to the road, and cyclist need to remember that just because they have a right to the road, they don’t own the road.

By respecting each other, both California bicyclists and car drivers can avoid accidents. As an avid cyclist and California bicycle accident attorney, I’ve seen first hand the horrible accidents that occur when bicycle and cars collide.

With a little common sense and courtesy, both cars and bikes can share the road and reduce the number of accidents on California roadways.

A recent Department of Labor report found workplace safety enforcement in California in need of serious change. According the Los Angles Times, an investigation into the California Division of Occupational Safety and Health revealed poor training of safety inspectors along with significant delays in responding to complaints. The investigation also revealed “relatively serious” problems, especially with the appeals board which “repeatedly reduced or dismissed penalties, even in situations where workers died or were seriously injured.”

Where workers are injured at work, they are eligible for Worker’s Compensation from their employer, regardless of fault. Additionally, injured workers may be able to bring third-party lawsuits in instances such as where a manufacturer provides a tool or equipment that causes injury, or another contractor creates an unreasonably dangerous workplace. Workers may be able to recover medical expenses, pain and suffering, and economic damages.

Where safety violations occur, Cal/OSHA is supposed to conduct an investigation, with the end result mandating work sites correct safety violations and pay fines. However, here the report highlighted several significant workplace accidents where Cal/OSHA failed to adequately investigate the safety violations and subsequently enforce penalties. For example, at Bimbo Bakeries, USA, nine employees lost parts of fingers or limbs as the result of baking machines lacking proper guards. Despite the safety violations, penalties were dismissed and the company not required to immediately remedy the problem.

In another case, a worker on the Golden Gate Bridge fell to his death because no scaffolds were in place. Cal/OSHA fined the contractor only $26,000, but when the administrative law judge noticed a small error in the name (the citations were issued to Shimmick Obayashi rather than Shimmick Construction Co. Inc/Obayashi Corp.) the case was dismissed.

Experienced workplace accident attorneys can help injured workers recover the compensation they are entitled to. Cal/OSHA must do a better job in enforcing penalties against companies to ensure the same accidents don’t happen again.

For more information, or if you have been injured in a work related accident, contact Frederick J. Sette,dedicated to helping those injured in California accidents obtain the compensation they deserve.

According to the Los Angeles Times, the doctors who examined each of the eight infants who died from whooping cough failed to make swift and accurate diagnoses. As stated by an immunization official with the California Department of Public Health, “[B]y the time the infants developed severe respiratory distress, it was usually too late for any intervention to prevent their tragic deaths.” A UCLA pediatrics professor added, “All of those should’ve been diagnosed earlier. And a couple of them, even after they were diagnosed, the [healthcare providers] didn’t take it serious enough, quick enough.”

Coincidentally, an article posted in Tuesday’s New York Times quotes a professor of medicine from the University of California, San Francisco as identifying diagnostic errors as “an important but neglected issue.”

When the failure to diagnose an illness leads to the wrongful death of a loved one, the surviving members may have a claim for medical malpractice. Whether a proper and timely diagnosis could have saved these infants lives will undoubtedly be evaluated by those involved.

In order to prevent more whooping cough deaths, more must be done to raise awareness of the symptoms, and those who’ve been exposed must receive immediate and proper treatment. Counties such as Santa Clara and San Mateo are sending out information packets to students and hosting free vaccination clinics. Click here for more information on whooping cough.

As a California personal injury attorney I am hopeful with greater public awareness and better-informed health care professionals, the incidence of whooping cough will rapidly diminish. If you or you believe a delayed diagnosis contributed to the wrongful death or serious injury of a loved one, please contact the Law Office of Frederick J. Sette, dedicated to helping the injured.