After An Auto Accident Considerations

March 11th, 2010

If you have been a driver for any length of time you have probably been in an auto accident. An auto accident can be any contact between vehicles that causes any property damage or personal injury. In many cases, for the victims of the accident, the accident itself is just the beginning of damage suffered. If you believe the television ads about an insurance agent showing up five minutes after the accident and taking care of keeping you life in order you have never had to file a claim. You can protect yourself though. Here are a few things to keep in mind if you ever find yourself in this situation.

-First of all, don’t wait around. Every state has a statute of limitations on filing law suits. Even if you don’t think you are injured, or your vehicle suffered enough damage too worry about, call an attorney and let professionals assess the situation. The statute of limitations starts on the day of the accident, not the day you first realize you have a medical problem. In most cases this limitation is about 2 years but in some states it is less.

-Most adjusters use software named Colossus which determines value based on their input. If you have no idea what the adjuster input you have no way to know if it is correct. Adjusters are paid to save the insurance company money and your needs will always come in second to the company’s bottom line.

-Don´t get drop drafted. One trick adjusters love to do is to send you a check, usually for about $500 and a release for you to sign. They only time an adjuster will drop draft a check is when they are trying to settle for less than it is worth. Simply ignore the check or send it back.

-Make sure you know what your case is worth. Your auto damage might be easy to calculate but your medical bills, lost wages, the time you had to spend having your car repaired or at the doctors, are all figured into the value of the action. Calculating this amount is very complicated and you should have a good attorney who specializes in auto accident cases.
If you have already suffered through an auto accident you most certainly do not want to continue the suffering by having to deal alone with an insurance company. Seek professional help immediately. The Law Offices of Ledger & Associates founded by Attorney Emery Brett Ledger in 1998 will evaluate your auto accident claim and advise weather you have a casae.

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Make Your First Motorcycle a Safe One

March 11th, 2010

So you’re thinking about getting your first motorcycle. You’ve been envisioning this for the past few years, patiently waiting until you were old enough. You can just feel the power underneath you as you scream down the road. Anyone that has a passion for bikes knows how you feel, but make sure you are prepared before you venture out into the world on that first bike. Motorcycles are a great way to experience the freedom of the outdoors as well as an economical form of transportation, but they are also a good way to get killed or seriously injured if you don’t know what you are doing and don’t practice motorcycle safety.

Many states now require that helmets be worn at all times for motorcycle riders. Even states that don’t require helmets for all riders have some requirement that younger riders wear a helmet. Additionally, all states require that you obtain a motorcycle license, or endorsement, before you are allowed to operate a motorcycle. Some states, like California for example, require that you complete a motorcycle training course if you are under the age of 18 in order to qualify for a motorcycle license, according to California motorcycle accident attorney Emery Ledger of Ledger & Associates. While all of this may seem unnecessary to you, and you may feel that it is nothing more than a list of obstacles in your way to that dream bike, there are plenty of reasons why these rules are in place. Thousands of people are killed each year in motorcycle accidents and even more are seriously injured. Your chances of being seriously injured in a motorcycle accident are twice as high as in a car accident. Motorcycle riders between the ages of 16-24 are significantly overrepresented in accidents. Those helmets that nobody wants to wear? They are the single biggest factor in preventing serious head trauma which can lead to death or life altering injuries. Studies also tell us that the majority of riders that are involved in an accident have very little experience riding. The reason for this is that knowing how to ride a motorcycle is one thing – knowing how to react to a potential collision is another thing. Riders generally have less than 2 seconds to acknowledge and react to a potential collision. Additionally, on a motorcycle, evasive maneuvers are frequently critical to avoiding a fatal accident and novice riders may not be equipped to initiate those maneuvers.

A motorcycle training course, whether required by law or not, may be the best time and money you ever spend. If you are convinced that you already know how to ride, then enroll in an advanced or expert course. Even people that have been riding for years frequently attend training courses to get the latest information and techniques. There is no reason that you can’t have that motorcycle that you have been waiting for, but take the time to prepare yourself before you go out on the road with it. A few hours of your time now may be the key to many years of riding in the future.

If you have any additional questions, or have been involved in a motorcycle accident, feel free to contact California motorcycle accident attorney Emery Ledger of Ledger & Associates at his toll-free number 1-800-300-0001 or online at www.ledgerlaw.com

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Prescription Drugs and Driving Are A Bad Combination

March 11th, 2010

When most of us hear the term “driving under the influence”, we immediately picture someone that has been drinking alcohol to the point of intoxication. While that is certainly one form of driving under the influence, there are others as well. You may even realize that someone is considered to be driving under the influence if they have been using marijuana or other illegal drugs as well. What you may not know though is that you can be considered to be driving under the influence if you are using prescription drugs as well. Even if the laws of your particular state are lagging behind on this issue, it is still a huge public health concern across the nation. Most drivers are under the misperception that if a physician has prescribed something for them then they are safe to drive while using it. Not true.

The problem with prescription drugs is essentially the same problem as illegal drugs. Any drug that enters your blood stream and acts on your brain can impair your motor skills, reaction time and your judgment. Studies have shown that the average person must acknowledge and react to an emergency situation on the road within two seconds if they hope to avoid an accident. If your reaction time has been slowed down due to prescription drugs in your system, then you may lose your chance to react and prevent an accident. A 2007 survey conducted by the National Highway Traffic Safety Administration (NHTSA), more than 16 percent of week-end, nighttime drivers tested positive for illegal, prescription or over-the-counter drugs. Of that 16 percent, a full 30 percent tested positive for prescription or over-the-counter drugs. Despite warnings on prescription drug bottles warning against driving or operating machinery while taking the drugs, people continue to operate vehicles.

Prescription drugs such as benzodiazepines and opiate analgesics act on your brain and produce a sedative effect. They are frequently prescribed to treat anxiety or panic attacks. Pain relievers and muscle relaxants can also impair your driving ability. Pain relievers slow down your mental reaction time and muscle relaxants can slow down your physical reaction time. Alone, these prescription drugs can be taken safely. Taken by someone operating a vehicle they can be deadly. Anything that lessens your ability to react to an emergency on the road or that clouds your judgment is a danger to you and everyone else on the road. Even over-the-counter drugs such as antihistamines or cough syrup can make you drowsy and less able to react to changing road conditions. The bottom line is that the next time your doctor prescribes you a medication, it is imperative that you actually read the warnings that come with the medication. If the bottle says not to drive while taking the medication, then don’t drive. You may be saving not just your own life, but someone else’s life that is out on the road with you.

If you have been the victim of a car accident and believe that impaired driving played a part in the accident, contact personal injury attorney Emery Ledger of Ledger & Associates for an evaluation of your case at his toll-free number 1-800-300-0001 or online at www.ledgerlaw.com

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Bikers Beware of Other Drivers!

March 10th, 2010

With spring just around the corner, motorcycle enthusiasts are gearing up to get back out on the road. For anyone that loves to ride, there is nothing like getting back on your bike after a long winter spent waiting for the weather to break. Of course, if you are lucky enough to live somewhere where the weather cooperates year around, then maybe you haven’t had to wait, but the majority of us aren’t that lucky. Even in California, the torrential winter rains this year have prevented year around riding for many motorcycle enthusiasts so many have had to wait it out until spring decided to pop her head out of the clouds. For some, riding is a way of life, for others just a week-end hobby. Regardless of whether your bike is your primary form of transportation or a week-end luxury, remember that it can be dangerous.

Recent statistics report that in any given year, about 5,000 people are killed in motorcycle accidents and thousands more are injured, according to motorcycle accident attorney Emery Ledger of Ledger & Associates in California. The cause of the majority (almost three-fourths) of motorcycle accident is a collision with another vehicle. Of the remaining 25% of the accidents, rider error was the most common reason for the accident. Roadway defects and weather conditions account for less than 5% of all motorcycle accidents. Of the accidents that involved a motorcycle colliding with another vehicle, the other vehicle was at fault more than two-thirds of the time. What these statistics tell us is what most riders already know – that cars don’t watch for motorcycles on the roadways. Despite efforts by motorcycle groups to educate the general car driving public of the importance of being aware of motorcycles, the statistics tell us that car drivers still don’t watch for motorcycles. Part of the reason for this is that we are trained from the moment we begin driving to be alert to visual cues from other drivers – drivers of automobiles. We are trained to look for traditional vehicles. We are also accustomed to watching for a pair of headlights to tell us that a vehicle is approaching or is in our path. The human brain can only take in so much information at a time and it tends to dismiss excess information if it feels it is not critical at that point and time. When we are driving, we are taking in a lot of information at one time – information that is critical to our ability to drive. If a single headlight enters our field of vision, we sometimes dismiss it as not critical because we are not trained to recognize it as a vehicle. Additionally, something smaller than a traditional car – like a motorcycle – sometimes gets filtered out when we are driving. For this reason, it is even more important that car drivers conscientiously make an effort to look for and beware of motorcycle riders.

For more information motorcycle safety, please feel free to contact motorcycle accident attorney Emery Ledger of Ledger & Associates on his website at www.ledgerlaw.com or at his toll-free number – 1-800-300-0001.

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Toyota Recall May Be Getting Bigger

March 10th, 2010

The list of recalled vehicles may be getting bigger, and the speculation as to the actual cause of the problems may be growing larger as well. The list of vehicles currently covered under one of the three Toyota recalls has topped 8 million worldwide. Over 50 deaths and an untold amount of injuries are being blamed on one of the defective parts that are the subject of the recalls. While Toyota is in the midst of implementing their first round of “fixes”, questions are swirling as to whether more cars need to be included and whether the “fix” even works. Toyota’s pride and joy, the Prius, has now taken the spotlight as the latest “unintended acceleration” scare to hit national television, according to personal injury and product liability attorney Emery Ledger of Ledger & Associates in California.

Just yesterday, 61 year old James Sikes, made an emergency 911 call near San Diego, California. The reason for his call? His 2008 Toyota Prius was accelerating out of control in Highway 8 near San Diego. Topping speeds of 90 m.p.h., Sikes was unable to stop his vehicle with either the brake or the emergency brake. He also tried putting the vehicle in neutral and shutting off the ignition – all to no avail. “I pushed the gas pedal to pass a car and it did something kind of funny … it jumped and it just stuck there… I was trying the brakes … it wasn’t stopping, it wasn’t doing anything and it just kept speeding up,” Mr. Sikes said according to the Associated Press. Luckily for Mr. Sikes, after barrelling down the Interstate for about 20 minutes., a California Highway patrolman showed up beside Sikes. He began to give Sikes instructions over the loudspeaker for how to stop the vehicle. Ultimately, Mr. Sikes was able to get the vehicle stopped by using both the emergency brake and the regular brake AS WELL AS using the bumber of the patrolman in fornt of him to slow him down. Mr. Sikes indicated that he reached down to the gas peddle to make sure that nothing was obstructing it and found it clear. Mr. Sikes can count himself as one of the lucky ones.

This latest example of the unintended acceleration problems that Toyota made vehicles are having may just be the last straw for the automaker giant. According to Toyota, Mr. Sikes Prius was intended to be part of an official recall, but Toyota didn’t have a “fix” yet for the problem, so it hadn’t officaily been recalled. Needless to say, Prius owners are not happy with this explanation and are psuhing for an immediate recall. Additionally, this incident again raises the issue of whether stuck floor mats are truly to blame for the problem. Mr. Sikes is very clear that nothing was obstructing the gas pedal in his vehcile. His vehcile is currently being inspected by law enforcement officials in an attempt to determine the cause of the uninteneded acceleration. Toyoita has denied rumors for weeks that something in the electrical system may be to blame for the unintended accleration – not floor mats. Toyota’s denials, however, are becoming harder and harder to believe for many.

If you have any additional questions regarding the Toyota recalls or any other personal injury questions, please feel free to contact Emerey Ledger of Ledger & Assocaites at 1-800-300-0001 or online at www.ledgerlaw.com

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Top Five Motorcycle Safety Tips

March 10th, 2010

With the weather breaking in most of the country, motorcycle enthusiasts are getting their bikes ready to get back out on the road. There is truly nothing like the feel of the wind in your face as you cruise along a beautiful ocean highway or a mountain pass. For motorcycle riders, the dangers are often accepted as part and parcel of the love of riding. With over 5,000 motorcycle accident deaths each year, and thousands more injured though, it doesn’t hurt to follow some simple rules to try and keep you, and your passengers, safe. So what can you do to try and prevent a motorcycle accident or at least limit any injuries if the worst happens and you do have an accident? California motorcycle accident attorney Emery Ledger of Ledger & Associates says that the following five tips may make you and your passengers safer:

1. Make sure that you and you passenger have on proper riding gear. People who don’t ride bikes assume that all that leather is just a fashion statement but riders know better. Having leg chaps, arm chaps, gloves, boots and a leather jacket not only keep you warm, but they help protect you from road debris and protect you from road rash if you do have an accident. Leather is tough and can withstand more wear and tear than almost any other material which is why riding gear is made with it – although it does look good too!
2. Wear a helmet. Head injury is the leading cause of fatality in a motorcycle crash. The National Highway Traffic Safety Administration (NHTSA) estimates that your chance of dying in a motorcycle crash is reduced by 29% just by wearing a helmet. If the full face helmet is just too cumbersome, then at least buy a three-quarter or half-shell helmet. While these types don’t offer quite as much protection, some protection is better than none.
3. Wear bright, visible clothing. If you can’t bring yourself to wear reflective clothing (which of course is recommended), then at least wear something that can be seen from far away. A bright shirt, bandana or helmet will help drivers see you better as you are approaching.
4. Limit your night driving. More accidents of all types happen at night and motorcycles are no exception. In fact, motorcycle accidents are even more common at night. If cars have a hard time seeing motorcycles during the day, it stands to reason that it is even harder at night.
5. Remember to obey the rules of the road. For instance, sometimes it’s tempting to skirt congested traffic by riding alongside stopped traffic, but when a motorcycle is riding somewhere where a car doesn’t expect a vehicle to be, you are just increasing the chances of the car not seeing you and causing a collision.

By following these simple tips, you will make riding for you and your passengers safer and ultimately more enjoyable. If you have been involved in a motorcycle accident and need legal advice, contact California motorcycle accident attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

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The Dangers of Nighttime Driving

March 9th, 2010

Anyone who drives on a regular basis knows that sooner or later you have to drive at night. For some people, driving at night is a necessary and regular occurrence. For people who work at night or go to school at night, nighttime driving is unavoidable. For the rest of us, we generally find ourselves driving at night at least once or twice a week. Some people will tell you that they don’t like to drive at night. Others claim that they prefer to drive at night. Regardless of whether you are one of those that prefers to drive at night or one of those that would just as soon not, the reality is that nighttime driving is considerably more dangerous than daytime driving. What is it that makes the dark such a dangerous backdrop for driving?

There are a number of factors that make nighttime driving more dangerous than daytime driving – despite that fact that there are substantially fewer vehicles on the road at night. At night, even under the best of circumstances, we are missing many of the visual cues that we use during the day for driving. We can’t see the signs as well – especially on rural roads that are not well lit. This makes it easier to miss a warning sign for an upcoming curve or even a stop sign at an intersection. The line markings on the side of the road are harder to make out. Even oncoming vehicles are harder to see at night. We are accustomed to looking for these cues – subconsciously – to tell us where we are and where we need to be. The darkness leaves us without much of the framework that we use during the day to drive safely.

Another issue that is frequently found to be the cause of accidents at night is fatigue. If you are accustomed to sleeping at night, then your body will become sleepy at some point while driving at night. Even if you take a nap during the day to prepare for your nighttime driving, your internal clock is still set to get sleepy at night. If you are one of the millions of people that work the graveyard shift, then maybe you are used to being awake at night, but the majority of the people out on the roads with you aren’t. So even if you aren’t getting sleepy, chances are that the guy driving next to you or the lady coming at you down the road may be falling asleep at the wheel. According to the National Highway Traffic Safety Administration, the fatal crash rate for accidents that happen at night is three to four times higher than accidents that happen during the day.

Lastly, more drunk driving accidents happen at night. Statistics also tell us that nighttime drivers were almost four times more likely to be killed in a drunk driving accident than were daytime drivers. Again, your own driving behavior may be impeccable but you must also take into consideration the other drivers out on the road with you and the chances are higher at night that they have had too much to drink.

If you have been involved in an auto accident and would like an experienced California auto accident attorney to evaluate your case, contact Emery Ledger of Ledger & Associates on his website at www.ledgerlaw.com or at his toll-free number – 1-800-300-0001.

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