Archive for February, 2010

Toyota Recall Lawyers Discusses The By-product Of Defective Vehicles

Sunday, February 28th, 2010

Minnesota Man May be Innocent After All by way of “Toyota Defense”. The causation of thousands of vehicle accidents, some of them which have resulted in criminal charges, is now at hand.

With the list of vehicles included in the recent Toyota recalls continuing to grow, the effects of the recalls are being felt far and wide. Most of us have heard about the San Diego accident last Fall that finally precipitated the first official recall. Four people tragically lost their lives as their Lexus sped down the road reaching speeds of over 100 miles per hour before tragically ending in the death of all four occupants. As it turns out, that may not have been the biggest Toyota tragedy.

In June of 2006, Koua Fong Lee, 32, was driving his 1996 Camry when he suddenly sped up an interstate ramp at 90 miles per hour and plowed into the rear end of an Oldsmobile killing all three occupants. At the time, Lee claimed that he did everything he could to stop the car but was unable to. In 2007, a Minnesota jury sent the young man to prison for eight years. At the time of the accident, Lee claimed that he tried using the brakes, but wasn’t able to stop the car. During the trial, the brakes on his Camry were investigated but found to be working fine. Now, in light of the recent Toyota “stuck floor mat recall” and the “sticky pedal recall”, new questions about his conviction are being raised. Lee has maintained all along that he was not to blame for the accident. “I know 100 percent in my heart that I took my foot off the gas and that I was stepping on the brakes as hard as possible. When the brakes were looked at, and we were told that nothing was wrong with the brakes, I was shocked”. At the time of his sentencing, the family members of the victims testified against him and asked that he be sent to prison. In light of the new information regarding defective vehicles, they have now changed their minds and are supporting Lee’s attempt to re-open his case.

Lee’s 1996 Camry was manufactured prior to the dates listed for the vehicles on the recall lists, however that doesn’t mean that his car wasn’t manufactured with a defective part. A check of the complaints filed with the National Highway Traffic Safety Administration (NHTSA) shows that there are 20 complaints filed for the 1996 Camry under the general “vehicle speed control” designation. These complaints start all the way back in 1996 and consistently list problems that sound eerily familiar at this point. It is, sadly for everyone involved, entirely possible that Mr. Lee did do everything he could to stop his vehicle that fateful day back in 2006. Furthermore, he may have spent the last three years in prison for someone else’s negligence. Luckily, his vehicle is still available for re-inspection and the prosecutor is backing his request for everyone to take a new look as his conviction.

If you have been involved in an accident and feel that a defective part played a part in the accident, then seek the advice of a California product liability and personal injury lawyer immediately. If you were injured in the accident, then you may be entitled to compensation for your injuries. If you were operating the potentially defective vehicle, then you may also have a legal course of action against the manufacturer. The experts at Ledger & Associates are available at 1-800-300-0001 or online at www.ledgerlaw.com to assist you.

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Compensation and Damages, What Is My Auto Accident Case Worth?

Sunday, February 28th, 2010

Non-Economic Damages in a Personal Injury Case

Under the laws of most states, including California, a victim can receive compensation for both economic (sometimes referred to as actual) damages as well as non-economic (sometimes referred to as pain and suffering) damages. Economic damages are things that have an actual cash value at the time that the lawsuit is settled. Examples of economic damages are: past and future medical expenses; lost wages or earnings; damage to real property; damage to personal property; and loss of personal property. This is not an exclusive list, but gives you an example of what is meant by economic damages. As you can see, a medical bill has an actual dollar amount attached to it that you can present to a jury. Likewise, if your car has been damaged or totaled, you can submit an actual estimate of the cost of repairs or replacement to a jury. Income lost from work due to the accident can also easily be calculated and submitted to a jury. But what about those intangible damages that don’t have an objective dollar amount attached to them? What about all the pain you went through after the accident – or maybe are still suffering from? What about the emotional distress the accident caused? These fall into the category of non-economic damages under the laws of torts in the State of California and determining a dollar amount to attach to non-economic damages in California is solely at the discretion of the jury.

Under the laws of the State of California, non-economic damages may include the following: 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). In the State of California, juries are instructed what must be established by a preponderance of the evidence in order to award damages for non-economic damages. In reality, a jury’s decision to award pain and suffering damages, and their decision regarding how much to award, is a very subjective matter. Once a jury has decided that non-economic damages are warranted in a particular case, they then must decide if the amount asked for by the victim is “reasonable”. This can be a very broad term when it comes to damage awards. A jury has a considerable amount of latitude in deciding whether a damage award is reasonable. Obviously, if the victim has suffered catastrophic injuries, then a high damage award may seem reasonable on its face. On the other hand, if the actual, or economic, damages are low and it appears as though the victim’s injuries were not severe, then a demand for a high non-economic damages award may seem unreasonable on its face. The amount of non-economic damages awarded in a personal injury case in California frequently boils down to the story that your attorney tells to the jury. If you have documented your journey to recovery well and your attorney is able to convince a jury that you actually suffered, or continue to suffer, then you are more likely to receive non-economic damages as part of your damage award.

As you can see, having the right California Personal injury lawyer on your side can make all the difference. An experienced California personal injury lawyer knows how to tell your story and how to get you the compensation that you deserve for the injuries you have suffered. If you have been in an accident, and are looking for someone to fight for you, then contact the offices of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com

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Toyota Accident Attorney Discusses Recall Hearings & Mother’s Loss

Friday, February 26th, 2010

Mother of Runaway Lexus Victims Testifies at Congressional Hearings:

Last August 28th, a full two months before the first of the Toyota recalls were announced, 911 operators in California received a frantic 911 call with someone on the other end saying “hold on, hold on and pray, pray”. That call was made by Chris Lastrella while he, his sister, brother-in-law and niece were barreling down the road at over 120 miles per hour in their runaway Lexus ES-350 in San Diego, California. Mark Saylor, a decorated highway patrolman was driving the vehicle when it suddenly accelerated to 120 miles per hour as he was approaching an intersection. Unable to stop the runaway vehicle, he ultimately lost control and the vehicle, with his wife, daughter and brother-in-law aboard, plunged into a canyon killing all four of them. At the time, it was considered a “freak accident” with no apparent cause. Sadly, we now know that it was due to defective parts that are now part of one of three Toyota recalls covering over 8 million vehicles. Had Toyota announced those recalls just six months earlier, that phone call never would have been made.

Fe Niosco Lastrella lost four of her family members that day. She testified this week in the congressional hearings that were held by the House Oversight and Government Reform Committee in Washington, D.C. Ms. Lastrella was there as the voice of all the victims of Toyota accidents caused by the defective vehicles. The Committee, along with various other government and watchdog groups, is investigating whether the recalls were announced timely as well as other recall related questions. To date, the recalled vehicles have been responsible for at least 39 deaths. What makes this accident an even bigger tragedy is that complaints about sudden acceleration had been pouring in to the National Highway Traffic Safety Administration (NHTSA) and to Toyota officials for years before the first recall was announced. Congressional leaders have accounted for no fewer than 2,500 complaints made to the NHTSA about sudden acceleration problems in Toyota made vehicles. Additionally, State Farm Auto Insurance, one of the nation’s biggest auto insurers had also alerted NHTSA to more than 900 instances of sudden acceleration in Toyota vehicles over the past ten years, but apparently a full investigation was never opened.

Toyota Motor President Akio Toyodo also testified at the hearings and offered his condolences to Ms. Lastrella and all the other families of accident victims. While his apologies are appreciated, many are asking whether these tragedies could have been prevented altogether. Why did it take such disastrous accidents like this one before a recall was announced? Why did 39 people have to lose their lives and countless others have to suffer injuries before these vehicles were taken off the roadways and the defects repaired? These questions, and others, are what the congressional leaders are hoping to answer this week in Washington, D.C.

We applaud Ms. Lastrella’s courage and offer our condolences to her and to the families of all the other Toyota accidents victims around the world. If you, or a family member, have suffered injuries as a result of an accident involving one of the recalled vehicles and would like to discuss any legal options you may have with and experienced California personal injury attorney, then please call the offices of Ledger & Associates at 1-800-300-0001 or visit us online at www.ledgerlaw.com.

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Soft Tissue Injury Clients Must Have Realistic Expectations. You may not need a lawyer!

Friday, February 26th, 2010

If you were in an auto accident and injured, the process of making a legal claim for your injuries can be a long and complicated one. If you were seriously injured your attorney will likely suggest you treat for your condition and he/she will take care of the legalities. Your focus will be on getting better and the law firm’s focus will be on developing your case and creating a demand package.

What if your injuries are classified as “soft tissue”? Soft tissue injuries are very difficult cases because the injuries are real…yet the offers for settlement are sometimes even below the medical bills. How is this fair? The insurance companies are businesses. They are not required in California to negotiate in “good faith” with third parties. Their objective is to keep as much money in their bank accounts as possible. They do this by offering ridiculously low amounts of money of “soft tissue” yet real injuries. The greater the injuries the greater the leverage for negotiation. Cases with minimal injuries, delay in treatment, of undocumented injuries to not instill the same fear and provide your attorney with the same leverage to produce the settlement you think you deserve.

First, this is not about fairness. If the insurance companies were going to treat you fairly you wouldn’t even need an attorney. This is about business to them. They know the the economics of litigation rarely yield you the leverage to threaten trial if they don’t raise their settlement offer. Meaning you may be awarded twice as much than they are offering by a jury, but the cost of the litigation will eat up the difference and then some. Second, your attorney is your friend. You and your attorney have the same interests. The compensation your attorney receives, when retained on a contingency, is obviously calculated from your gross settlement. This give your attorney every incentive to maximize your recovery. Therefore, it does you NO GOOD whatsoever to get angry with your attorney because of a low settlement offer from the insurance company. Your attorney, of course, isn’t happy about this either. You are on the same team and the nature of YOUR case and/or the serioiusness of YOUR injury, is not making the insurance company fearful of litigation and is resulting in a lower offer than you desire.

Solution: You may not need a lawyer. If your case is minimal, you should evaluate at the outset if it is worth hiring a lawyer. If you don’t want to hassle with the insurance company on your own and do decided to hire a lawyer than you should have realistic expectations about the process. Work with your attorney to come to a “reasonable” game plan. Weigh the cost & benefits of going to trial versus a settlement. Our firm often encourages clients to go to trial and seek compensation from a jury if the insurance company is being unreasonable. This is based on a “greater good” theory. You may not do better in “net dollars” terms ultimately than you would have done if you had settled the case but at the very least you have done a lot for your community. Your decision to try your case keep the insurance companies honest will benefit society. It makes the unreasonable insurance adjuster more reasonable on the next negotiation.

Remember: Your attorney wants what is best for you. What is good for you is good for your attorney. You truly are on the same team fighting against the 800 pound gorilla. If you are frustrated by the size of your offer you may not have had realistic expectations from the start and/or your injuries may not warrant a larger recover. However, if your frustration is a result of an offer that is not fair, talk to you attorney about filing a lawsuit just to put the insurance company to the test.

Note: Most attorneys require you to advance the hard costs of trial if your case is not catastrophic. The reason for this is simple. There is truly a chance that the cost of litigation will be greater than the ultimate recovery even after a fair jury verdict. Your attorney is already devoting his time to your case on a contingency i.e. he is not being paid until you win or settle. Many attorneys do not want to advance the hard costs of litigation in addition to their time as a loss can be drain the firm’s resources which may be better put toward other serious litigation. Keep in mind, a good attorney should always be receptive to trying your case if you believe the cause is worthy and you are going to advanced the costs.

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Teenager Causes Accident in Petaluma California. Arrested For Drunk Driving.

Thursday, February 25th, 2010

Despite all the warnings, the dangers and the risks, it appears as though drivers continue to operate motor vehicles after they have been drinking. Drinking and driving is undeniably a deadly combination. The minute you make the drunk driver a teenager, the risk to both the occupants of the car the teenager is driving and everyone else on the road skyrockets. Statistics tell us that 40% of all alcohol related fatal car crashes involved teenage drivers, yet teenagers account for only about 6% of the licensed drivers on the road. Clearly, they are involved in a disproportionate number of alcohol related fatal accidents. Luckily for a Petaluma, California family, the intoxicated teenage driver that crashed into them last Saturday didn’t add to the “fatal” accident statistics.

Gabriel Lanusse was driving his wife, Kristine, and their two children home last Saturday night in the family’s 2005 Honda minivan. The family was stopped at a light on Lakeville Highway and Frates Road, when Kristine recalls seeing a vehicle speeding eastbound on Lakeville Highway. The vehicle then made a wide left-hand turn onto Frates Road and crashed head on into the Lanusse family minivan. Although the Lanusse family’s minivan was totaled, the only serious injury suffered by the family was that Gabriel sustained a broken arm. The driver of the vehicle that crashed into the minivan was a 17 year teenager who was taken to the hospital with head injuries. Police officials found an open bottle of tequila in the teenager’s vehicle and she will face charges of drinking and driving when she recovers from her injuries.

It is not difficult to understand why teenagers that are drinking and driving are even more dangerous to the nation’s roadways than adults that are drinking and driving. Alcohol slows down our reflexes. Consequently we are unable to react as fast to changing road conditions or emergencies on the road. Teenagers, lack the experience that an adult has behind the wheel and with a drink. Teenagers are proven risks on the roadways without adding in alcohol. They are easily distracted and when an emergency presents itself on the roadway they may not have the maturity or the skills to react appropriately. Teenagers also don’t have any life experience with alcohol. Most adults know when they shouldn’t get behind the wheel of a vehicle. They know how alcohol tends to affect them and when they have had enough. Most adults also understand the consequences of drinking and driving better than a teenager. Not just the legal consequences, but the safety consequences as well. If you are a fan of Dr. Phil, then you know that the last part of our brains to fully develop is the part that allows us to understand and appreciate consequences. Therefore, teenagers simply don’t have the mental capacity to understand consequences like and adult can. So when a teenager gets behind the wheel, they may not fully understand that they are operating a 2 ton weapon. Likewise, when they drink alcohol, they may have no idea when to stop or truly understand how little control they really have when they have been drinking. It is truly a horrible and deadly combination.

If you have been involved in an accident and the other driver was arrested for drinking and driving – or you believe that they were drinking and driving, then they may be held responsible for any injuries that you suffered as a result of the accident. Although criminal charges may have been filed, as in the story above, you may still wish to pursue a personal injury lawsuit. While criminal charges may affect the driver’s freedom and driver’s license, you are unlikely to receive and monetary compensation for your injuries from a criminal case. Contact an experienced California personal injury attorney for an evaluation of your specific accident. Only an experienced California personal injury lawyer can advise you of your options and answer any questions you may have. The attorneys at Ledger & Associates are available online at www.ledgerlaw.com or toll free at 1-800-300-0001.

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Toyota Recall Attorney Discusses Toyota’s Responses At Congressional Hearings

Thursday, February 25th, 2010

Toyota officials fail to give adequate answers at hearings:

It appears as though the much awaited congressional hearings into Toyota’s three recent recalls have raised more questions than they have answered. The recalls, which now cover over eight million Toyota manufactured automobiles, have come to be known as the “floor mat recall”, the “sticky pedal recall” and the “unintended acceleration recall”. The recalls began last October with the latest recall being announced just this month. Regulators and lawmakers alike have been quick to question the automaker giant about when they became aware of the defects, whether the recalls encompass all the affected vehicles and whether or not the announced repairs will actually solve the problem. Hearings held in front of congressional leaders were originally scheduled for earlier this month, however a snow storm delayed the hearings until this week. The extra time to prepare doesn’t seem to have provided Toyota officials with satisfactory answers to the Committee’s questions.

One of the biggest questions appears to be whether the ‘fixes” that Toyota has announced will actually solve the problems. Toyota officials have repeatedly denied that electronics are to blame for the unintended acceleration problems. Toyota Motor President Akio Toyoda testified to the congressional panel that electronics were not to blame for the defects, however Toyota’s U.S. President James Lentz admitted that he wasn’t sure that the non-electric fix that Toyota had originally announced to solve the problem would actually work. Congressional leaders ordered testing by an auto engineering professor that ultimately showed that he could defeat the protection that Toyota has implemented to prevent sudden acceleration. Despite Toyota’s claim that its own testing shows that the repairs will work, the auto engineer hired by congressional leaders says that Toyota’s testing did not test for interference from electronics inside the vehicles, from cellular telephones or from airport radar. Still not convinced after two days of hearings, Congressional leaders, as well as the National Highway Traffic Safety Administration are continuing to investigate the electronic throttle control system as well as whether electro-magnetic interference is actually to blame for the sudden acceleration problems.

For the owners of vehicles affected by the recalls, it appears as though Toyota officials have yet to fully explain, much less fix the problems. For those that have been involved in an accident as a result of one of the recalled vehicles, the unanswered questions retain even more importance. If Toyota produced vehicles with defective parts, then they may be held responsible for any damages sustained as a result of those defects. Under the product liability and personal injury laws of the State of California, a manufacturer will have to compensate a victim for their contribution to an accident and any ensuing injuries. If you have been involved in an accident and you believe that a defective vehicle was partially or entirely to blame, then contact an experienced California product liability and personal injury lawyer immediately. Ledger & Associates have attorneys that are experienced in claims involving defective products and can answer any questions you may. They can be contacted online at www.ledgerlaw.com or toll free at 1-800-300-0001.

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Where The Wild Things Really Are!

Thursday, February 25th, 2010

I have just returned from a ski vacation in California. I took my family to Mammoth Mountain for some time away from it all. I was prepared to sit by the fire in our lodge, and to ski in fresh open mountain air. I was wholly unprepared for the plethora of wild animals that were abundant in this area. These animals can apparently end up on the road and bring damage to themselves, and anyone driving, when they present themselves near the road side.

I knew that I might see the occasional tracks in the snow, and wouldn’t it be fun to find out what kind of animal left those tracks? But what we were told by locals was amazing to the extreme. Apparently, it is not unusual to see wild turkey, opossum, beaver, fisher cats, fox, coyote, rabbit, porcupine, skunk, raccoon, and other larger animals running free in that state. And all of these animals pose a danger when they try to cross major roadways, potentially injuring drivers or causing accidents.

There are certainly the traditional sightings of deer, but also it will not be unusual to see moose. We were not 10 minutes outside of the airport before we saw the first “Moose Crossing” sign on the side of the road. Moose are huge animals, and we were warned that even if you are driving an SUV or a truck, you should be wary. Mr. Moose will at times charge cars (usually in the seasons that they mate), and it can be a scary experience. Especially since if Mr. Moose comes a-calling, he will be staring at you literally eye-to-eye, as you sit in your SUV. This would be quite unnerving, and as I said, they are large animals best left alone.

Luckily for us, we were told we would be more likely to see a moose in the back of a pickup, before we see one on the road. Another animal that we were told we could see in the back of a pickup would be bears. New Hampshire has an indigenous bear population, which we hoped was sleeping peacefully in their hibernation dens, at least for the duration of our trip. The locals know though, that they can never leave food out in the spring, not even in a bird feeder. If they do, the bears come out of hibernation (or wherever bears come from) and will rip down the bird feeders looking for food. That is not all that they will rip up. Many families have stories of bears coming to their yards, ripping feeders, hot tub covers, and generally decimating their yards and lower level screens on their homes, all because they are looking for food. They leave large claw marks and horribly scratched tree trunks as their calling card. I can’t imagine how the locals manage living so close to these types of animals, but they do.

In the spring, other animals are seen on the road. There are large land turtles that can live to over 70 years old or longer. This is because they have no natural predators or enemies. Their only “natural” enemy is a car or truck, since they do cross roads frequently and are not known to “look both ways” first. Many residents in the state have caused horrific accidents themselves, on account of land turtles. There was an accident once caused by a woman who stopped her car on a major highway, to escort a turtle across the road. The cars behind her didn’t realize she had stopped, and they proceeded to plow into her car, one by one.

Finally, no matter where you live, it pays to be aware of wild animals that live near open roads. If you maneuver to avoid an animal, realize that there may be cars behind you, so use common sense on the road. Also, if you are traveling and see an interesting animal out of the window, be careful of keeping your eyes on the road. And if you have any interesting stories about animals you have seen on vacation, send us a comment. We would like to hear about it. If you have any other legal questions on the topic, call us at Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com.

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