Archive for March, 2010

San Diego Car Accident Attorney Explains Why All in One Cellular Phones Are Dangerous

Wednesday, March 31st, 2010

Imagine that you are driving down the freeway on your way to work on a typical Monday in San Diego. The traffic, as usual, is heavy and you know it will take you every bit of the 45 minutes that you a lot each day to get to your office. That also means you will be rushing when you get there to get your day going. You remember that you have to make your daughter a dentist appointment. You grab for your cell phone, and call your dentist to make the appointment. While you are talking to the receptionist, you have to check your calendar – also on your phone – to see if you are available to get your daughter to the appointment on the day she suggests. Great news – appointment made! Five minutes later, you realize there must be a crash up ahead because traffic is coming to a complete stop. No problem, you’ll just take the exit to your right and figure out how to get to work from there. Again, you reach for your cell phone and open the GPS application to figure out where you are and how to get to work. Once you have managed to find the best route to your office, you notice that the light is flashing indicating that you have e-mail. It’s Monday morning and it could be something important happening at the office so you figure you better check it.

Does this sound familiar to you? If it does, then you are putting yourself and all the other drivers and passengers on the roadways in danger according to San Diego County car accident attorney Emery Ledger of Ledger & Associates. Just five years ago, most of us were perfectly happy waiting until we got to the office to check our e-mail. Ten years before that we were actually fine just waiting for the good old fashioned U.S. Mail to arrive. Likewise, we used to carry maps with us – paper maps that is – and pull over at the nearest parking lot to figure out where we were when we got lost. And those doctor and dentist appointments? Well they used to be made during lunch hours and somehow we managed to fit them in. Now, with the advent of the “all-in-one cell phones”, we are dependant on our cell phone to do everything. The problem with that is that we are doing everything while we are driving. That, in turn, creates a huge hazard for everyone on the road.

Distracted driving is the number one cause of car accidents in the United States, says San Diego car accident attorney Emery Ledger, and the use of handheld devices is the number one form of distracted driving. Checking e-mail, making telephone calls and checking your map application all require that you take your eyes off the road which can be all the time needed for an accident to happen.

If you have suffered injuries in a San Diego car accident and think that cell phone use may have been responsible for the accident, then consult with San Diego car accident attorney Emery Ledger of Ledger & Associates as soon as possible. He is available at 1-800-300-0001 or at www.ledgerlaw.com

There is more to a Motorcycle Accident than Meets the Eye

Wednesday, March 31st, 2010

Riding a motorcycle can be dangerous and how you handle it and what state you are in when you ride make a big difference to your safety. Just recently there were a couple of items in the news involving famous people who had been in motorcycle accidents. One of them was perhaps under the influence at the time, and the other was in the wrong place at the wrong time. I am always interested in reading about cases like this in my profession as a motorcycle accident attorney.

Although these cases may look like one thing on the surface, based on what people “see,” it may very well be that there are other things that need to be taken into consideration. As a motorcycle accident attorney, that’s what I do; investigate each crash thoroughly to find out what happened. It’s never good to assume anything based on first glance evidence.

The first case involved Spencer Havner, a Green Bay Packers pro football player (line backer and tight end) who was injured in a motorcycle accident just last week. He lost control of his Kawasaki motorcycle in Grass Valley, broke his shoulder and suffered numerous cuts and abrasions on the back of his head and left arm. He was not wearing a helmet at the time of the accident. As a motorcycle accident attorney, I strongly encourage all bikers to wear helmets.

By all reports, it was 2:45 a.m. and he was riding on a private roadway that had a cul-de-sac at the end of it. As he went into the curve to round the end of it, he lost control of his ride. EMS crews took him to the hospital for treatment where it was discovered he was under the influence. He was arrested for DUI at the hospital. His charges were sent to the DA’s office for prosecution. Being a motorcycle accident attorney, I knew there were likely some unanswered questions in this case.

Despite what this may look like on the surface, there are some questions that would come to mind for a motorcycle accident attorney. Breath tests can produce false results; was this the case here? Was his motorcycle in good condition or did it have defective parts – e.g. bald tires, defective engine or improperly balanced wheels? Was his unusual driving caused by bad roads or driver distraction? Was he taking any drugs that made him appear to be impaired? A good motorcycle accident attorney asks questions like this to determine the parameters of a case.

Despite what may appear to be inebriation, there are also other reasons for the signs that may indicate someone is drunk, and over the years as a motorcycle accident attorney, I have seen quite a few of them. For instance, just because someone smells of alcohol does not mean they are impaired. It could mean someone spilled a drink. Glassy or bloodshot eyes may be the result of too much smoke or bad contact lenses, not impairment.

Slurring while speaking may be due to medical or dental problems or a physical impairment of the mouth, such as a cleft palate. And so it goes, there are reasonable explanations for many of the behaviors that people often attribute to those who have been drinking. Motorcycle accident attorneys make it their mission to examine every possible alternative.

As a motorcycle accident attorney, I have learned over the years that things are not always what they seem to be on first blush. This is why it is crucial for any case that I put together to make sure every possible angle is taken into consideration.

In a second motorcycle accident earlier in March, Sex and the City 2 star Max Ryan, sustained significant injuries when he hit a vehicle that turned in front of him. He was pinned under the car and when EMS crews got him out, they headed directly to the hospital to stabilize him. He was listed as having five broken ribs and a cracked collarbone.

It’s fairly clear in this case that the driver of the car was at fault, although there is no report that indicates precisely why the driver turned right in front of Ryan and cut him off. There are several things a motorcycle accident attorney would consider in this instance though, and they would include finding out if the driver of the car was texting while driving, eating or drinking while driving, talking on a cell phone, picking something up off the floor of the car, speeding or under the influence of drugs or alcohol.

As you see, there is usually more to a motorcycle accident than meets the eye and it’s vitally important to a motorcycle accident attorney to find out as much as s/he can in order to either expedite a reasonable settlement or take a solid case to court for a jury verdict.

Uninsured Motorists Make Biker’s Injury Claim Harder to Collect says Motorcycle Accident Attorney

Wednesday, March 31st, 2010

If you’ve been in an accident with your ride and discovered later that the other guy was an uninsured motorist, this does tend to make things a bit more difficult to collect when it comes to claims. Note I said a little more difficult, “not” impossible. As a motorcycle accident attorney, there are ways to deal with situations like this, and I will discuss them with you if you happen to be in my office because you were involved in a smash up.

Yes, you’re right; driving without car insurance/motorcycle insurance is illegal. However, that doesn’t stop some people from doing just that, hitting the road without insurance. I have seen many cases as a motorcycle accident attorney that just make me shake my head at what some people try to get away with when it comes to operating a vehicle illegally. It’s a privilege to drive, not a right, and those who abuse that by driving without insurance are a menace looking for an accident.

The whole point behind insurance is that it’s designed to protect the owner of the vehicle and others if they are involved in a crash. You don’t need a motorcycle accident attorney to tell you that, as it’s the law of the land and common knowledge and those who opt to not carry insurance are being reckless.

For those that may not be too up on what insurance is supposed to accomplish, it boils down to this: if you are the one who caused the accident (the at fault party) damage is covered by your insurance and this protects you from being sued personally for the accident. On the other hand, if you were in an accident and the “other” driver is the at fault party, their insurance will cover your injuries/damages so you don’t pay out any money or choose to file a lawsuit by hiring a motorcycle accident attorney.

That takes care of two parties who do happen to have insurance. They can generally cover their own damages in a no-fault crash (if applicable) or cover the other person’s damages if they were at fault. When it comes to a motorcycle accident with an uninsured motorist, you could be looking at thousands of dollars in medical expenses and damages to your ride. So what do you do?

My job as a motorcycle accident attorney is to outline that you can have your own insurance pay for your injuries, but you will generally get stuck with having to pay out a lot of out of pocket expenses when you hit your insurance limit. Plus, making a claim on your own insurance, in most instances, causes a hike in your premiums. Rather sounds like being between a rock and a hard place doesn’t it?  If you haven’t been in an accident yet…don’t delay….call your insurance agent and make certain you purchase as much uninsured motorist coverage as the agency will sell.   Maximize this coverage…it is critical if you are injured by an uninsured driver.

Don’t give up. My experience as a motorcycle accident attorney will serve you well, because even though you can’t file a claim for injuries/damages against the uninsured motorist’s insurance because they don’t have any, you can (and many people have) sue the driver personally. This means a civil lawsuit and this is something a skilled motorcycle accident attorney will handle with ease.

The case would be based on facts that you can prove, that the other driver caused the accident and is therefore liable for your accident related costs. Should the courts agree with the argument, the uninsured motorist is ordered to pay you fair compensation for pain and suffering, property damage, lost wages and medical expenses, etc.

If you’ve been in an accident involving an uninsured driver, come see me and we’ll talk about what we need to do in a situation like this. My years of experience as a motorcycle accident attorney will benefit you in getting fair compensation.

San Bernardino Car Accident Attorney Talks about What Your San Bernardino Car Accident Case Is Worth?

Tuesday, March 30th, 2010

Nobody asks to be involved in a car accident. Unfortunately, no matter careful you are, no matter how closely you obey the traffic laws and no matter how vigilant you are about safety measures, the chances are good that you will be involved in a car accident at some point in your lifetime. If you have recently been involved in a car accident, you are undoubtedly going through a range of emotions. If the accident was not your fault, then you may be angry. Fear, sadness, depression and confusion are all normal emotions after a car accident according to San Bernardino car accident attorney Emery Ledger of Ledger & Associates. Most people go through a stage of disbelief as well. That simply can’t believe that the accident happened to them. Once you pass through these stages though, you begin to ask yourself how you are going to pay for all the bills associated with the accident and how much your pain and suffering is worth.

According to San Bernardino car accident attorney Emery Ledger, each car accident case is unique and presents a different set of facts. Having said that, there are a few general points to take into consideration when trying to determine what your car accident case is worth.

The most important consideration is who was at fault? While you may feel that the other driver was clearly at fault, they may not be as clear as you think. In the State of California, more than one driver can share the fault. This is called comparative negligence. It doesn’t mean that you won’t recover anything for your damages if you share a percentage of the fault though. The important question is whether the other driver, or drivers, is more responsible than you for the accident.

Once fault has been determined, then damages need to be assessed. Damages is a broad term that includes actual bills -such as medical bills, property damage repair bills and lost wages- but also includes non-quantifiable things like emotional pain and anxiety. Your doctor bills, lost wages, property damages and other tangible bills should be easy to calculate, however you may also be able to recover for expected future medical bills which are a little harder to calculate. Even more difficult is the value of your pain and suffering. If you were injured in the car accident, then you are entitled to recover for pain and suffering, but placing a numerical value on pain and suffering can be tricky.

As you can see, while the formula for deciding what a San Bernardino car accident case is worth can be fairly easily explained, the actual numbers that fit into the formula can vary greatly and are open to debate and discussion by the parties. This is when you need an experienced San Bernardino car accident attorney fighting for you. An experienced car accident attorney knows what your case is worth and how to get you the most out of your case.

If you would like to consult with an experienced San Bernardino car accident attorney, fee free to contact car accident attorney Emery Ledger of Ledger & Associates at his toll-free number 1-800-300-0001 or online at www.ledgeralw.com

Law Offices of Ledger & Associates Joins LawFirmDirectory.org as a Featured Sponsor

Tuesday, March 30th, 2010

LawFirmDirectory.org recently rolled out a new look & subscriber back end.  Ledgerlaw.com is now the Featured Law Firm.

Motor Accident Attorney Comments on Common Causes of Motorcycle Accidents

Tuesday, March 30th, 2010

While most bikers I know are cautious, safe drivers who take care of their bikes, these attributes often don’t matter when they’re trying to find a motorcycle accident attorney because they were involved in a nasty crash.

I can’t begin to tell you the number of times I have had motorcyclists in my office asking what they can do to recover compensation for their injuries. As a motorcycle accident attorney, and needing to know all the details of the accident in order to determine liability, I probe their driving record as well. Many of them are careful bikers who were in the wrong place at the wrong time.

But, sad to say, most of the cases I see in my practice as a motorcycle accident attorney tend to involve the negligence of others and not the biker. So much for driving in accordance with the rules of the road, when others obviously don’t do the same. As my mother always said when I was growing up and out dating and using dad’s car: “Even though ‘you’ drive safely with safety in mind, that doesn’t account for the ‘other’ driver.” Never a truer word was spoken.

Over the years as a practicing motorcycle accident attorney, I have heard horror stories that would curl your hair. My heart goes out to all those bikers and their passengers who have been needlessly harmed by someone else’s negligence. This is one of the reasons I wanted to be a motorcycle accident attorney, because I could help others in a bind who were seriously hurt.

Many insurance companies and even other drivers figure a motorcyclist is usually the person who caused the accident. Just call this a motorcycle myth, and let me share some of my experiences as a motorcycle accident attorney with you.

The reality of motorcycle crashes is that just about a whopping one third of these wrecks are caused because the other vehicle turned into the biker’s path. While this may take place at slower speeds, this does nothing to reduce the bone crunching impact of the biker hitting the side of the car because they have no place else to go. They don’t have a steel shell protecting them like the car. In other words, even slow speed collisions cause serious injuries or death.

The hardest accidents to pick up after are the needless ones; the ones where the other driver was outright negligent. Over the years I’ve seen a lot of strange things when it comes to motorcycle accidents, and I can tell you that more often than not the other driver is negligent due to being under the influence of a substance (legal or illegal drugs, alcohol), driving without wearing their prescribed glasses, ignoring dangerous road/weather conditions and driving recklessly, falling asleep at the wheel or trying to boot a yellow light to beat the red. There are also those drivers who figure the traffic signals and road signs weren’t meant to apply to “them.”

The one thing a lot of people don’t take into consideration about motorcycles is that because they have two wheels, they need more maintenance and care than a car. I’ve heard this a lot during the course of my career as a motorcycle accident attorney. Maintenance of course, is either done by the biker if they are skilled enough, or by a mechanic.

If the mechanic doesn’t do their job properly and inspect the bike carefully and tune it up correctly with safety in mind, there is a good chance I will be seeing an injured rider in the course of my work as a motorcycle accident attorney.

If the mechanic screws up, the biker is at risk. It’s just that simple. Some of the mechanical failures I have seen over the years as a motorcycle accident attorney include not fixing misaligned tires, not fixing an engine problem, not correctly reading a tire’s tread and replacing a bald tire and not having the foresight to anticipate brake failures. Any one of those things could cause a whole lot of hurt or death for a biker.

It’s not just things mechanical that may be to blame for a wicked wreck. Look to the local road conditions and highway and road maintenance. If there are potholes, loose gravel, concrete chunks and other debris on the roads, guaranteed a motorcycle will skid and/or flip. This kind of stuff falls into a category referred to by a motorcycle accident attorney as local official negligence.

Let me get on my motorcycle accident attorney soap box for one moment. Please, wear a helmet, whether you like it or not. It saves lives.

Motorcycle Accident Attorney Cites Study on Causes of Bike Crashes

Tuesday, March 30th, 2010

In the number of years I have been a motorcycle accident attorney, I have seen my fair share of some pretty roughed up riders. Bikers who survive crashes are few and far between, and those that do make it often have debilitating injuries that will dog them the rest of their lives. The lucky ones may live to ride again or hang up the chaps. Being in a motorcycle accident is something you will remember in your nightmares for years.

Many people think bikers are taking their lives into their hands every time they hop up on the bike. Riding a motorcycle is dangerous, but it offers people a certain sense of freedom and mobility not found with a car or other vehicle. From the point of view of someone who picks up the pieces and fights for compensation for injured bikers, these riders need the services of a motorcycle accident attorney. Aside from the obvious legal reasons, the biggest reason is that most of these kinds of crashes are not the fault of the biker.

Many a motorcycle accident attorney will tell you that when “biker meets roadster”, it’s usually the car driver who screwed up and either cut them off, turned into them, crossed right in front of them or stopped suddenly without warning. If you take a gander at traffic statistics, they will tell you the same thing. These are the same figures that a motorcycle attorney will use when preparing a case for court.

These same accident figures also provide a range of reasons for the accidents that include the ones we just covered, with the addition of a couple of more: the car driver was wasn’t able to judge the speed of the bike and it was in the car’s blind spot. As a motorcycle accident attorney, you could also add other things to this list such as drunk driving, speeding, being under the influence of drugs (street or legal), talking on a cell phone or just plain not paying attention to the road.

During the course of my day, I often have occasion to search for things relating to cases I am working on. The other day, while working on a motorcycle accident case file I came across a study that was done courtesy of the University of SoCal (Southern California). Their findings back up what most motorcycle accident attorneys know from experience; that in just about three quarters of motorcycle crashes, the vehicle at fault was – anyone taking bets here? You’d be right if you said the “at fault” vehicle was a passenger auto.

Motorcycle accident attorneys remember this study; because it was the one that woke people up to the fact that car drivers have trouble seeing motorcycles in traffic. This explains why, as a motorcycle accident attorney, I get the biker telling me the driver of the car kept saying, “He said he didn’t see me.” This is also something the police and insurance companies hear on a regular basis as well.

Speaking of insurance companies, the biker needs the services of a motorcycle accident attorney to handle the unbelievable amount of details required to file an accident claim. Just because the insurance company might come up with something that looks pretty decent for a settlement offer, don’t take it. Talk to your motorcycle accident attorney first. This can’t be said often enough: insurance companies are not your friends. If they can get out of paying a claim or lowball it (all this to save money) at your expense, they will. Just ask your motorcycle accident attorney to tell you a few stories about that. That will wake you up.

Know your rights by discussing your case with a seasoned motorcycle accident attorney. They stop the insurance company trying to make out that the accident was your fault just because you were riding a motorcycle. The lawyer will also make sure you get fair treatment and a just settlement from the justice system.