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.
Tags: bikers, cars, fault, field of vision, killed, law, Ledger, luck, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycle enthusiasts, motorcycle groups, Motorcycle safety, motorcycles, roadways, safety, statistics, vehicle, weather
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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
Tags: 2008 toyota prius, acceleration, acceleration problems, deaths, ego, emergency brake, floor mat, floor mats, highway patrolman, injury, juries, law, Ledger, liability, luck, Personal Injury, prius, product liability, product liability attorney, recalls, toy, toyota, toyota prius, toyota recall, Toyota Recall Lawyer Emery Brett Ledger, vehicle
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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.
Tags: accident deaths, attorney, california motorcycle accident attorney, cars, crash, deaths, fatality, full face helmet, helmet, helmet head, injury, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycle crash, motorcycle enthusiasts, motorcycle riders, Motorcycle safety, reflective clothing, ride bikes, road rash
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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.
Tags: accident, accident attorney, accidents, attorney, auto, auto accident, auto accident attorney, cause of accidents, claim, crash, driving at night, drunk driving accident, drunk driving accidents, emery, fatigue, highway traffic safety, killed, law, Ledger, national highway traffic, national highway traffic safety, national highway traffic safety administration, safety, statistics, traffic, traffic safety administration, vehicle
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March 8th, 2010
Being involved in a car accident can be a very traumatic experience. Whether you suffered minor injuries or life altering injuries, you have undoubtedly been affected by the accident. After the initial shock of the accident, most people start thinking about the medical bills, the time they have missed from work and the general suffering that the accident has caused them. If you have never been through the process of an auto accident claim, then it may seem like a daunting process. Maybe you have already started to receive telephone calls from the other driver’s insurance company offering to settle with you for your injuries. You may be wondering whether you should accept their offer or not. Maybe the other driver’s insurance company isn’t accepting fault for the accident and you are afraid that you will never be compensated for your injuries. It may also be that you have received an offer for settlement, but don’t agree with the amount of the offer. It is completely normal to feel overwhelmed and confused by the legal process that follows and auto accident, according to auto accident attorney Emery Ledger of Ledger & Associates in California. The decision whether to accept an offer of settlement for the injuries you sustained in an auto accident or to proceed to trial can be a very difficult decision and one best made with the help of an experienced auto accident attorney.
Initially, it may seem easier and quicker to accept and offer from the other driver’s insurance company to settle your case. Beware, however, of quick offers. They are usually made for far less than what you actually deserve. While it may be that settling your case is ultimately the best decision, you may be entitled to substantially more money than what the insurance company originally offered you. The good news is that if they are offering you something, then they generally have decided that their driver was at least partially at fault for the accident. With the help of an experienced auto accident attorney, you can decide what your case is truly worth which will put you in a better position to decide whether or not to settle. The decision whether to settle your auto accident case or proceed to trial is ultimately your decision, but it is better made with the advice of an experienced auto accident attorney.
So what if you are not happy with the offer that the insurance company made to you? What if they haven’t made any offers? Should you proceed to trial? Again, the guidance of an experienced auto accident attorney is critical at this stage, says auto accident attorney Emery Ledger of Ledger & Associates in California. After consultation with your attorney, if you decide that the other driver truly was negligent for the accident and either the offers you have received are unacceptable or the insurance company has made no offers, then you may decide to proceed to trial. Trial is generally the last resort for an auto accident case. The risks of going to trial are that you may not receive any compensation, or you may be awarded less than what you were offered by the insurance company. Sometimes, though, trial is unavoidable and if you win at trial it is also possible that the jury will award you more than you were offered by the insurance company. Having an experienced auto accident by your side to help make these decisions and to fight for you if a court trial becomes necessary is of the utmost importance and will help make navigating the confusing system of auto accident claims considerably easier for you so that you can focus on healing.
If you have additional questions or would like an experienced auto accident attorney to evaluate your case, please feel free to contact Emery Ledger of Ledger & Associates online at www.ledgerlaw.com of at his toll-free number – 1-800-300-0001.
Tags: accident, accident attorney, accident case, accident claims, at fault, attorney, auto, auto accident, auto accident attorney, auto accident claim, car accident, claim, compensation, consultation, fault, insurance, insurance company, juries, law, Ledger, medical bill, medical bills, minor injuries, money, offer, risk, settlement, suffering, traumatic experience
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March 8th, 2010
If you have been in an auto accident yourself, or know someone who has, then you are probably familiar with the idea of a personal injury settlement. You may also, however, know someone whose auto accident case wasn’t settled outside of a courtroom. If you don’t know someone personally, then you have probably heard of someone whose case went to trial and they received a jury award for damages. So why do some cases end up going to court while most others are settled outside of court? Is it better to go to court? How is the decision made to go to court or settle? These are all questions that you may be asking – particularly if you have recently been in an auto accident. Auto accident attorney Emery Ledger of Ledger & Associates in California says that there are a multitude of factors that go into deciding whether to settle an auto accident case or take it to trial, but two main factors are always considered.
One factor that can prevent an auto accident case from being settled outside of a courtroom is the issue of negligence. Negligence is a legal term that essentially means fault. The negligent party, or parties, in an auto accident case are responsible for compensating the inured party, or parties. In states such as California, more than one party can be negligent – meaning that more than one person, or entity, may have contributed to the accident. You can still be compensated for your injuries even if you were partially at fault, as long as your fault is not greater than the other party’s fault. However, if negligence is not agreed upon by the parties outside of the courtroom, then it becomes necessary to go to trial and let a jury decide who was negligent. For instance, if your version of events says that the other car ran a red light and hit you, but the other driver claims that the light was yellow, then you do not have a clear agreement on negligence. With no agreement on who was negligent, you will never reach a settlement and a trial becomes necessary.
The other big consideration when deciding whether to accept a settlement is the amount of the settlement. If you have agreed that the other party was negligent, and they have offered you a settlement, but you feel that it is not sufficient to compensate you, then a trial may become necessary. The benefit to accepting a settlement is that you know that you will receive something whereas if you go to trial there is usually the chance that you will end up with nothing. Of course, you may end up with considerably more than what was offered as well. This is why it is so important that you consult with your auto accident attorney before deciding whether to accept a settlement or not. Only an experienced auto accident attorney can advise you whether the settlement offer is reasonable or whether you should take your case to trial.
If you have any additional questions, or would like to consult with auto accident attorney Emery Ledger of Ledger & Associates, then please call 1-800-300-0001 or contact him through his website at www.ledgerlaw.com. Keep in mind, this is your case. If you do not want your attorney to file a lawsuit but instead would prefer to settle the matter outside of court instruct your attorney to do so. Likewise, if you feel your settlement is too low and you would prefer to have a jury assess your damages then discuss your options with respect to jury trial with your attorney.
Tags: accident, accident attorney, accident case, accident cases, at fault, attorney, auto, auto accident, auto accident attorney, claim, damages, emery, fault, injury, juries, jury award, law, Ledger, multitude, Negligence, offer, Personal Injury, personal injury settlement, red light, settlement
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March 8th, 2010
If you have been in a car accident and suffered physical injuries as a result, you undoubtedly have a pile of medical bills and probably lost wages that are all adding up. If the car accident was not your fault, then you may already know that the other driver will be responsible for paying for your medical bills, lost time from work and other special – or economic – damages. We all know, however, that physical injuries are not the only consequences of an auto accident. Whether it was a relatively minor accident or a catastrophic collision, there are emotional and mental injuries that go along with the physical injuries that we suffer. You may be wondering how those injuries factor in to any settlement or jury award that you may receive from your auto accident case. According to auto accident attorney Emery Ledger, of Ledger & Associates in California, pain and suffering damages can vary tremendously from case to case and from jurisdiction to jurisdiction.
The laws of personal injury can vary from state to state. For instance, some states still use a system for determining negligence called “contributory negligence”. Under contributory negligence, if your actions “contributed” at all to the accident, then you cannot recover anything for your injuries. Most states, however, use “comparative negligence”. Under a comparative negligence system, negligence – or fault – can be apportioned among all the parties to the accident. In other words, if your actions were 10% responsible for the accident, then you can only recover 90% of the value of your injuries. California is one state that uses comparative negligence, according to Attorney Emery Ledger. Each state may also have slightly different laws regarding what is included in the “pain and suffering” portion of your auto accident case. In California, for example, pain and suffering damages are referred to as “non-economic damages” and can include: physical pain – both past an future; physical impairment; mental suffering; loss of enjoyment of life; disfigurement; emotional suffering; inconvenience; grief; anxiety; humiliation; and loss of consortium (loss of spousal companionship and services).
What you are entitled to for pain and suffering is very case specific, but there are certain things to consider when evaluating your pain and suffering damages. For instance, the type and extent of your physical injuries will generally have a direct relationship on your pain and suffering. If you were seriously injured or if you will need long term treatment, then it is reasonable to expect that you had more pain and suffering as well. Sometimes, though, a small injury can have a huge effect on someone. Imagine a professional athlete that suffers a broken knee in an auto accident. For most people that might not be a life changing event, but for a professional athlete it could be the end of a career. “Who the plaintiff is can be as important as what injuries they suffered” says attorney Emery Ledger, of Ledger & Associates. Your auto accident attorney must consider what a jury would likely award you if your case were to go to trial when deciding what to ask for in compensatory damages and while attempting to reach a settlement with the insurance company. An auto accident attorney knows how juries in your community are inclined to behave. Do they tend to be sympathetic to car accident victims or do they tend to favor defendants? Do they award large verdicts or are they conservative in their awards. Jury behavior is a science into itself, and only an experienced auto accident attorney can give you advice on how they are likely to behave.
All of these factors need to be considered when determining how much your pain and suffering is worth in your auto accident case. As you can see, the value of your case is very case specific and the best way to get an idea of what your individual case is worth is to consult with an auto accident attorney in your area. If you would like to have attorney Emery Ledger evaluate your auto accident case, please contact his office at Ledger & Associates, 1-800-300-0001 or contact him online at www.ledgerlaw.com
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