Archive for January, 2010

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What Should I Do If I Was Involved In A Pedestrian Accident?

Sunday, January 31st, 2010

If I was injured in a pedestrian accident, how do I know if I have a personal injury claim?

Whether you walk for pleasure, fitness or necessity, walking should be a peaceful and safe activity. Unfortunately, that is not always the case.  If you were injured in a pedestrian accident case, you are not alone. Statistics show that someone dies in a pedestrian accident about every 111 minutes and someone else is injured about every 8 minutes.  What makes pedestrian accidents even more dangerous are the potential for injuries.  Clearly, the human body doesn’t stand much of a chance when struck by a moving vehicle. Sadly, injuries sustained as a result of a pedestrian accident are frequently much more severe than those sustained in other types of accidents. Spinal injury, brain trauma and internal injuries are just a few of the common injuries sustained in a pedestrian accident.

So how do you know if you have a valid personal injury claim?  If your claim has merit, how can you proceed with your claim to get compensated by the responsible party? The most important thing you can do following a pedestrian accident is contact an experienced pedestrian accident attorney.  Only an experienced attorney can answer all your questions in detail and provide you with advice as to how to proceed with your claim. Furthermore, only an experienced pedestrian accident attorney knows what questions to ask you and how to evaluate the answers given.

If you were struck by a motorcycle, car, truck or bus, there is a good chance that you may have a personal injury claim.  Most pedestrian accidents are caused by the negligence of another party.  Was the person who struck you driving over the speed limit?  Was the person that struck you driving too fast for the road conditions?  Was the person that struck you intoxicated?  Did they fail to turn on their headlights and the accident happened at night?  Was the person weaving out of his lane?  What about the road conditions? Were there sidewalks for pedestrians to walk on?  Was there an island in the middle of high traffic areas for pedestrians to seek shelter on? Was the lighting adequate?  All of these questions, and many more, lead to factors that need to be explored in order to determine who was negligent (at fault) in your accident.  Negligence is a very complicated concept and who may be held accountable for negligence is equally complex.  Once you and your attorney have determined who was responsible for your accident, then you can proceed with a legal strategy for you to recover damages (usually monetary compensation) for the injuries you suffered as a result of their negligence.

Remember, only an experienced pedestrian personal injury lawyer can tell you whether you have a valid personal injury claim and advise you how you can recover damages for the injuries you have suffered.

If you have been involved in a pedestrian accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

Posted in Pedestiran Accident Attorney | Comments Off

Accidents And Granola: It Pays To Be Prepared

Sunday, January 31st, 2010

Accidents can happen to anyone traveling on the road. Because of our nation’s initiatives to lower our speed limits years ago, our roads are relatively safer now than in years gone by. It is quite likely that you may witness or see an accident at some time in your life. If you are the bystander to an accident with a motorcycle, call for help right away. Many times people come upon an accident and assume that someone else has already called. Just because there is a crowd of onlookers, it doesn’t mean that anyone has called the authorities to notify them of the loss! Don’t be afraid to use your cell phone and give your exact location to the authorities. Just tell them what you see, and help will most likely soon be on the way.

Unless you just happen to be an EMT and have equipment in an ambulance at the ready, you will probably not be able to do more than the basics. You should be traveling with an emergency roadside first aid kit. If you do not have one of these, I strongly suggest that you get one today. They are more than just handy to have around. I also suggest that you carry flares and an old warm blanket. You should also always carry bottled water, granola-type snacks, and paper towels, or old raggedy bath towels. These will come in handier than you ever imagined while on the road, trust me.

For years, when my children were very small, we used to carry around a full change of clothes for all of them, right down to the shoes. We also carried a small tarp (to protect yourself from the elements if you have to do a quick car repair), jumper cables, bungee chords, and a few packages of brand new toys. The toys came in handy when we were on family trips, and were near another parent with an unruly child. Just presenting a new shrink-wrapped packaged safe toy to a harried parent made that person our friend for life. Our trunk always looked as if we were either in a state of flux, preparing for an evacuation, or on a perpetual camping trip. But, we were completely prepared for just about anything, and you should be too.

If the motorcycle driver is on the ground, you can possibly talk to the person and tell him or her that help is on the way. Then, depending on the weather and situation, you may reach into your trunk and take out whatever supplies are needed at the time.

I mention all of this because I have seen two motorcycle accidents myself. The first one, I was making a left turn and the motorcyclist was in front of me. As I completed my turn, the elderly gentleman on the motorcycle made a left turn, then, seemed to change is mind to make a quick U-turn. His bike just slid down to the ground as he miscalculated the turn. He was fine, just a few scrapes, but he was wearing shorts and his legs were bleeding. I offered the use of my first aid kit, but he declined. The police were called and I left once they got there to check him over.

The second motorcycle accident that I witnessed happened in the mid-west in colder snowy weather. The motorcyclist was already on the ground when I happened by the accident scene. I offered the use of my toasty warm blanket and it wasn’t refused. The other drivers who also stopped at the time were all scrambling to their vehicles to take out items that might be of use. Someone took out a box of granola-type treats and shared with everyone present. We all waited until the ambulance came for the young man who, thanks to all of us, was resting quite comfortably on the ground.

As I said, you may be the witness to an accident. You may feel that you just need someone to talk to about what you saw. You can call the law offices of Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com if you want to discuss liability issues or have questions regarding an accident you may have been involved in recently.

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The Dangers of Younger & Older Drivers – Who Is More At Risk?

Sunday, January 31st, 2010

With people in the United States living longer due to advances in medicine and quality of life, we see an increase in the number of older drivers on the nation’s roadways as well.  In 2007, 13 percent of the total population of the United States, or 38 million people, were people age 65 and older. Of those 38 million people, about 80 percent were licensed drivers.  We have seen almost a 20 percent increase in licensed older drivers in the last decade.  Almost 15 percent of all licensed drivers on the road today are over the age of 65. Sadly, these older drivers account for 14 percent of all traffic fatalities, 14 percent of all vehicle occupant fatalities and 19 percent of all pedestrian fatalities as well. Not surprisingly, these statistics go up as the age of the driver goes up.  For drivers in the 65-69 year old age group, they were involved in approximately 13 fatal accidents per 100,000 people while drivers in the 80-84 year old age group were involved in approximately 19 fatal accidents per 100,000 people.

What causes older drivers to be at a disproportionate risk of being involved in a collision?  For starters, younger drivers drive more aggressively and are more likely to collide with the slower moving older driver.  In two-vehicle fatal crashes with an older and a younger driver, the older driver was twice as likely to be the vehicle that was struck.. Additionally, research has shown that older drivers show poor judgment in making left hand turns.  Older drivers were involved in accidents when turning left five times more often than younger drivers. Older drivers also have a tendency to drift within the lane creating a higher risk of coming in contact with other vehicles traveling the same direction or being involved in an even more dangerous head-on collision.  Lastly, older drivers have a decreased ability to react rapidly to changing road or traffic conditions. Unfortunately, as we age we are unable to assimilate information as quickly as when we are younger.  Once assimilated, we also require more time to physically react to the information we have processed.  This, in turn, creates a higher risk for the older driver on today’s crowded and fast moving roadways.

What can you do to keep your older relatives and yourself safe on the road?  Some states are requiring older drivers to retest if they have been involved in recent accidents.  Other states are considering laws that would require physicians to report patients that they believe suffer from disabilities that may impair their driving.  Both of these steps may be necessary.  Understandably, most older drivers do not want to voluntarily relinquish their driving privileges.  They view driving as their independence.  No one wants to take away their independence, but it may save their life or yours. What we can all do to help keep our elders safe is simply slow down, be more considerate and give them the respect they deserve.  Are we really in such a hurry that we can’t slow down for the gentleman in the car in front of us?  After all, he could be your grandfather.

If you have been involved in an accident and would like further information, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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What Should I Do If I Have Been In A Car Accident?

Sunday, January 31st, 2010

If you have been involved in a car accident, you may be wondering if you have an accident case.  You may be wondering who is responsible for the damages you have suffered.  The only way to know for certain if you have valid personal injury car accident case is to speak directly with an experience personal injury attorney.  Only an experienced personal injury attorney can evaluate the facts of your particular case and advise you as to whether you should proceed with a claim.

There are a number of things that an experienced personal injury lawyer will consider when evaluating your case.  First, he will consider when the accident happened.  This is important as there are statutes of limitations that govern how long you have to file suit after an accident.  These statutes of limitations can vary from state to state and can change depending on the type of injuries you have suffered or the type of defendant that you wish to hold responsible. Although usually longer, the time within which you must notify a defendant can be as little as six months.  This is one reason why it is so important to seek experienced legal counsel immediately following an accident.

Your experienced personal injury attorney will also evaluate your case to determine who was responsible for the accident.  In many states, more than one party can be held responsible.  In other words, the fault could be divided among all the drivers and/or additional defendants (like the City or a vehicle manufacturer).  Negligence (fault) is a legal concept and can have differing definitions from one state to the next.  Additionally, the division of negligence among defendants can be very complicated and require an enormous amount of evidence and research.  You can help your attorney by providing all the details of the accident that you can remember, including things that may not seem important to you such as road conditions at the time of the accident.

Lastly, your experienced personal injury attorney will evaluate your damages.  Again, “damages” is a legal term that is used to cover all injuries you have suffered as a result of the accident.  Damages can be monetary – but don’t have to be.  Obvious damages are things like the cost to repair your vehicle, medical bills and ambulance charges.  Something else that you may not immediately think of as being part of a damage claim is time off work – not just immediately following the accident but for doctor appointments, attorney appointments and other appointments directly related to your accident.  Some states also allow you to recover punitive damages, loss of consortium and other sorts of damages aside from actual damages. These damages are awarded for damages that are suffered over and above, or apart from, actual monetary damages.  Again, the laws regarding these types of damages are complicated and vary from state to state so ask your attorney what the laws are in your state and as they apply to your specific case.

If you have been involved in a car accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

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What Should I Do If I Have Been In A Motorcycel Accident?

Saturday, January 30th, 2010

For bikers, we all dread moment when you know you’re about to be involved in an accident. Someone in a car just pulled out in front of you and you know you are going down. There was nothing more you could have done.  You follow all the traffic rules but unfortunately many car drivers just don’t pay attention to motorcycles. The guy probably didn’t even notice you. Although everyone who rides a bike tries to prepare for the possibility of an accident, it’s still scary when it actually happens.  So if you have actually had an accident, how do you know if you have a valid personal injury case? How can you protect your rights and recover damages from the person who caused the accident?

The best thing you can do is consult with a motorcycle personal injury lawyer.  Only a trained and experienced lawyer can evaluate all the facts of your case and advise you whether you have the basis for a personal injury claim and how to proceed.  There are, however, things you can do immediately after the accident to try and help yourself and your lawyer in the event that you do proceed with a personal injury claim.  If you are not taken directly to the hospital by ambulance, then the following steps may be of great help to you and your attorney as your case proceeds.

1. The first thing you need to do after an accident is make sure that you and your motorcycle get out of the roadway if possible to prevent any additional injuries or accidents.  Car drivers are notorious for not spotting motorcyclists when they are actually riding the bike, much less when the bike is on its side in the middle of the rode.

2. The next thing you need to do is notify the police if another motorist or bystander hasn’t already done so.  You may think this isn’t necessary because you feel o.k. or you think there wasn’t much damage but a police report may be invaluable to your attorney in evaluating your case.

3. Additionally, take down the name, telephone number, vehicle information and insurance information of the other person involved in the accident.  Don’t count on the police to gather that information.  Remember – this is the person responsible for your injuries so write down all the information you can.

4. Next, take note of any potential witnesses to the accident and attempt to get their information.  While witness identification may be located on a police report, it isn’t always taken down by law enforcement.  Again, take it upon yourself to get any information you can at the scene.

5. Have yourself checked out by a physician as soon as possible.  If possible, go directly to the emergency room.  You may feel as though you didn’t suffer any injuries, but many injuries are internal and/or do not show symptoms until hours or days after an accident.  Having a physician check and document any potential injuries right after the accident will assist your lawyer evaluate and prepare your case.

6. Make sure you get written estimates for any damages your motorcycle suffered as soon as you are able.  The more detailed the estimate the better.

7. Lastly, document any time off of work.  This includes time immediately following the accident as well as any time spent on doctor appointments or therapy for injuries you suffered.

Only an experienced motorcycle personal injury lawyer can tell you whether you have a valid personal injury claim and advise you how you can recover damages for the injuries you have suffered.  However, by following the steps outlined above in the event you are involved in an accident, you will be able to assist your attorney evaluate and litigate your case down the road.

If you have been involved in a motorcycle accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.

Posted in Motorcycle Accident Lawyer | Comments Off

Auto Accident With Kids in the Car

Saturday, January 30th, 2010

If you are a mother, and spend a lot of your time in the car driving your kids around, your chances of being in a car accident is much greater than someone without kids.

One reason is that mothers are typically responsible for getting their kids to and from their various daily events like school, sports, music, language lessons. This places mothers on the road much more often than say fathers, who typically go to the office, and come home. Fathers’ cars are more often than not parked in their company garages for most of the day unless they have a sales or delivery job.

Since mothers are on the road more hours per day, it stands to reason that they have a grater chance of being in a car accident. Add to this the fact that kids don’t always behave in the car, and can be a distraction while driving; this will also increase a mother’s chance of having a car accident.

If you or someone you know was involved in an accident, while kids were in the car, and they go to litigation over it, don’t go into it alone. If the other party has an attorney, they may use this against you whether it is true or not. It is way too easy to accuse a driver of not having the children buckled in, and convince a jury that the kids were fighting, or moving around inside the car, and that this accident happened because you failed to control your kids; and subsequently your car. Some lawyers have a way of painting a picture of how the accident happened; even if it was completely wrong. If it is believable, they could just win.

Accidents are very common, and can happen for a number of reasons- usually more than one reason at the same time. You will need an experienced lawyer to help you recreate the event, and make certain that no matter what happened, there was no ill intent; and circumstances just went beyond everyone’s control, and you acted in the most responsible manner possible. This could mean the difference between being held completely liable, and being found innocent.

There are many nuances in a court room, and without the help of a competent attorney, you might end up being viewed in a less than bright light. With all of the cars on the road, the chances of a more involved accident increase exponentially. What if there was another car that caused this accident, but they managed to speed away unharmed? What if an animal came out in front of you? What if there is a witness that decides to step forward?

There are so many things that can take place in a courtroom on any given, don’t let your future happen by chance, contact a professional who will ensure that you get the best representation possible. They are a lot more affordable than you think. Contact Ledger Law Firm today to find out how to safeguard your future. Call today- 800-300-0001.

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Pot Holes & Other Dangerous Road Conditions

Saturday, January 30th, 2010

If a road condition caused my accident, who is responsible for the damages?

With millions of vehicles on American roads everyday, the number of vehicular accidents is rising at an alarming rate.  Accidents happen for a variety of reasons – most having to do with driver error. When a driver is at fault, we can force that driver to be responsible for any damages we have suffered.  Sometimes, though, accidents happen through no fault of either driver.  What happens when road conditions are the cause of an accident?

Injuries suffered as the result of any car accident are referred to as “damages” under the law.  In order to recover damages for a car accident, you must prove “negligence”.

Negligence has been defined by many people in many different ways, but one legal dictionary defines it as “…behavior that creates unreasonable risks of harm to persons and property. A person acts negligently when his behavior departs from the conduct ordinarily expected of a reasonably prudent person under the circumstances.” A claim for negligence has at least four essential elements:  duty, breach, causation and damages.  Sometimes a fifth element is added – proximate cause – and sometimes duty and cause are put together to form just one element – conduct.  Regardless, the basic elements of a negligence claim must be met in order to recover damages.

Lawyers, judges and legal scholars have been debating the exact definitions of these elements for decades so for purposes of this article we will just say that someone had a responsibility to protect you from harm and did not live up to that responsibility causing you to be injured in some way.

If we use the simplified definition of a claim for negligence as a starting point then you can start to see why and how a municipality could be held liable for damages as the result of dangerous road conditions.  If the City in which you were driving is who maintains the road on which you had your accident, then they had a responsibility to keep the road safe. If, for instance, you hit a huge pot hole in the road causing you to veer into another car and you were injured in the resulting crash, then you might have a claim against the City.  Negligence law, however, has a reasonableness test as well.  In simple terms, if the City had been made aware of the dangerous condition 6 months ago and could have fixed it but didn’t, then you are more likely to prevail on a claim.  On the other hand, if the pot hole just appeared last week in the middle of a snow storm and the City did not have time to fix it then you are less likely to prevail.

As you can see, the law of negligence is complicated and varies from jurisdiction to jurisdiction.  An additional important note is that as a rule, you must put a municipality on notice of your intent to file a claim.  Unlike the more lengthy two year and up statute of limitations for other tort claims, municipalities frequently require notice within as little as 180 days.  Therefore, if you think you might have a claim against a municipality, do not hesitate to seek legal advice. Contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com for more information.

Posted in Auto Accident Lawyer, Personal Injury | Comments Off

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