Archive for March, 2010

What a Motorcycle Accident Attorney Law Says About Motorcycle Helmets

Tuesday, March 30th, 2010

Time and time again, you see articles in the paper and on the news about motorcycle accident deaths. Usually, part of the story revolves around whether or not the biker was wearing a helmet. I don’t know if you recall this or not, but famous Hollywood actor Gary Busey, a motorcycle fanatic, was involved in a very serious accident in December 1988 in which his head hit a concrete curb. He was not wearing a helmet and he fractured his skull. To this day he still talks about the effect of brain damage and the fact that he nearly died.

What does this have to do with you? It has to do with all motorcycle riders and it’s coming from my perspective as a motorcycle accident attorney. I have seen and heard about some incredibly awful accidents. I have handled numerous crash cases in my capacity as a motorcycle accident attorney, and I would like to “not” see you in my office because you were badly injured and debilitated to the point where your quality of life is questionable.

Motorcycles are dangerous and any practicing motorcycle accident attorney will tell you that if you ask about motorcycle accident statistics and the number of cases we handle. My answer to that is frequently a fervent wish that bikers take more care and wear a helmet, because as trite as it may sound, it can and does save lives.

Of interest is the fact that motorcycles make up just 2% of all the registered vehicles in the US. That doesn’t sound like a lot, but, consider this; just about 5% of highway fatalities every year involve bikers and/or their riders. It goes without saying that injuries and death stalk more bikers than other vehicles, just because of their nature. When I prepare for a case, the motorcycle accident attorney in me always prompts me to search for valuable statistics to use in cases.

One statistic I found is an eye-opener for everyone, and that is that the National Highway Traffic Safety Administration (NHTSA) estimates that for every mile ridden, the number of deaths on bikes is about 35 times higher than in cars. Thirty five times higher. All the more reason to make sure the rider uses as many safety precautions as possible to lessen the chance of serious injuries or death, and a helmet is just one other safety feature that makes sense. I can say this with authority given the nature of my job as a motorcycle accident attorney.

I likely don’t need to reinvent the wheel and tell you that bikers have zero for protection but for their safety gear. As an auto accident attorney as well as a motorcycle accident attorney, I have seen many car crashes too, and most of the people were able to get out alive, thanks to that steel cage that provides a layer of protection for them. They also have seatbelts and airbags. A biker has their leathers (if they’re wearing them), a helmet and that’s about it. They don’t even have the same stability as a four-wheeled vehicle does.

Do I believe in helmets? Given the fact that my job is a motorcycle accident attorney, I would say without hesitation that helmets “do” reduce the death toll in these kinds of accidents. They also cut down on the number of traumatic brain injuries, thus reducing the costs of medical care. Just to refer to the NHTSA once again, they reveal that wearing the right kind of helmet (safety rated and properly fitted) reduces the chance of the bikers and the passenger’s death by 37%. That’s a significant number.

Another fact that I ran across the other day while I was talking to another motorcycle accident attorney, is that in every state with universal helmet laws or where they have reinstated a previous law, helmet use has gone up dramatically. The good news is this: motorcycle accident deaths and injuries have decreased as a result. The bad news? The other motorcycle accident attorney told me that states with weakened helmet laws, or that repealed the law, have much higher death and injury tolls.

California has a helmet law. As a motorcycle accident attorney, I strongly urge you to follow it, for safety’s sake.

Silent Injuries Resulting From A Car Crash Can Be Debilitating

Monday, March 29th, 2010

Silent injuries have the potential to seriously harm or kill the victim of a car wreck. If you’ve been in a crash, it’s best to consult with an auto accident attorney to find out what your rights are and to also find out if you have a case to take to court.

Silent injuries are the ones that don’t look bad on the surface, but you can’t tell what is going on internally. These injuries may come back to haunt someone later in life, even though they may have been progressing well. An auto accident attorney is able to assess the economic value of your injuries immediately when he knows what you have been diagnosed with and knows which ones have the potential to give you grief later. This assessment is based on other cases that have gone to court and been awarded compensation. These include whiplash, head trauma, major broken bones and chest injuries.

Why does it matter how badly you’re injured? It has to do with the amount of compensation the auto accident attorney should be able to get for you by negotiating a settlement with the insurance company, or taking the case to trial. In other words, the worse the injury, the higher the compensation.

I should add that most insurance companies really don’t like going to trial because it potentially costs them more to litigate than settle. This is why a skilled auto accident attorney will test the waters with an insurance company first prior to going directly to a trial. Of course, every case is different and the auto accident attorney understands that. This is why their expertise is so valuable to getting a fair and equitable settlement or jury verdict.

Head injuries are extremely common in car wrecks whether due to hitting the windshield or the dashboard or being hammered by the airbag. In “any” head injury situation, get it assessed by medical personnel immediately. Traumatic brain injury (TBI) can kill if not treated promptly. It may also result in someone’s life never being the same again. At trial, a TBI victim tends to receive greater compensation depending on the severity of the TBI. A dedicated auto accident attorney will fight for their client’s rights.

Whiplash is another all too common injury that stalks accident victims. Not seen and not that well understood by people who have not experienced it, whiplash tends to be “silent” because it isn’t visible. This doesn’t make it any less problematic. There are various degrees of this injury and when an auto accident attorney takes a case involving whiplash to trial, s/he will outline them to the judge or jury.

If you’ve been badly hurt, need assistance and a tough auto accident attorney to handle your case, why not give us a call? We do what it takes to get you the compensation you deserve.

Santa Barbara Personal Injury Lawyer Explains How Using Your Cell Phone While Driving Makes You a Negligent Driver

Monday, March 29th, 2010

Statistics tell us that the vast majority of drivers on America’s roadways use a cell phone while driving on a regular basis. At any given time of the day, on any given roadway in America there are thousands of drivers using a cell phone. Despite laws in over 20 states prohibiting the use of handheld devices, people continue to use them. According to Santa Barbara personal injury attorney Emery Ledger of Ledger & Associates, using your cell phone while driving may make you a negligent driver.

Negligence is a legal term used to mean fault or blame. In order to be found negligent, four elements must be met: duty of care; breach of duty; causation; and damages, says Santa Barbara personal injury attorney Emery Ledger. The first element, duty of care, has been argued over and debated for decades, if not centuries. It can mean different things in different types of cases. In essence, you must show that the person that caused the harm had a duty to protect the person that suffered the harm. In car accident cases, the courts long ago decided that once you decide to operate a vehicle on a public roadway, you owe a duty of care to all the other drivers and passengers on the roadway. This makes sense if you think about it. A vehicle is basically a two ton weapon and you should use care when operating it. So the bottom line is that any time you choose to operate a vehicle, you owe a duty of care to anyone that you encounter on the roadway.

So how does using a cell phone while driving breach that duty of care? The law expects you to use all reasonable care when operating your vehicle. Reasonable care includes paying attention to the roadway. If you are using a cell phone while driving, then your cell phone is causing a distraction which means you are not giving your complete attention to the road. As soon as you have allowed something to distract you from the roadway, then you may have breached your duty of care. Again, this makes sense. In the time it takes to dial a number or answer a cell phone call, an accident can happen. Studies tell us that we only have about two seconds to recognize and respond to a potential accident. If, in those two seconds, you are dialing a number or answering a call, then you have missed your opportunity to avoid the accident. That can, and often does, lead to a breach of your duty of care and consequently a collision, according to Santa Barbara personal injury attorney Emery Ledger.

Once you have breached your duty of care and caused an accident, the only element left is damages. If someone else suffered injuries as a result of the accident, then you may be responsible for their injuries. As you can see, using a cell phone while operating a motor vehicle is not just dangerous but negligent as well.

If you have been the victim in an accident and believe that the other driver may have been negligent, then seek the advice of a Santa Barbara personal injury attorney as soon as possible. You may be entitled to compensation for the injuries that you have suffered. Santa Barbara personal injury attorney Emery Ledger can be reached at 1-800-300-0001 or online at www.ldegerlaw.com

How To Find A Motorcycle Accident Attorney When you Meet One

Monday, March 29th, 2010

You’ve had an accident with your motorcycle. The outcome was not as good as you would have hoped, in fact, you have multiple fractures all over your body and the doctors say you may not walk again without using canes. It’s time to call a motorcycle accident attorney.

Interestingly enough, many bikers figure they can handle any accident claims they have on their own, not realizing that in the process, they could be short-changing themselves out of settlement money. Only an experienced motorcycle accident attorney will be able to get the biker a fair and equitable settlement or jury verdict.

During the course of handling a motorcycle accident file there is usually a call or two from the insurance company making noises about an offer. While some of the insurance companies will try contacting the motorcycle accident attorney on file, others will call the plaintiff directly.

Insurance companies are famous for wanting to close their accident files fast, and if that means “cheaping” out a settlement that the plaintiff goes for, that good for them. However it’s not so good for the injured biker. This is a major reason why a motorcycle accident attorney needs to be involved in a case right from the beginning, and nip these lowball offers in the bud. These types of accidents are worth more and the insurance company knows that. It’s just that they don’t want “you” to know that.

How do you know if you have a good motorcycle accident attorney on your side? One who will aggressively fight for your rights? If you want to find out how good your potential motorcycle accident attorney is, ask this question: “What’s the first thing you will do for me?” If the answer is along the lines of making sure the insurance agent is very precise and careful about the bike’s damages, the presence of this motorcycle accident attorney will make sure that it does indeed happen.

If the motorcycle accident attorney files suit quickly, you will want this attorney in your corner fighting for you. The lawsuit pressures the insurance company to pay up, and, in some cases, it will also stop the other driver from heading to parts unknown.

Another way to tell if your legal representation is what you want it to be from a motorcycle accident attorney is when they just about immediately demand all your medical records. This means they know what they are doing, because the records tell the motorcycle accident attorney and the court, all about the fractured bones and what the recovery times may be.

While you may not know this, there are actually seven different categories of bone fractures. Getting your medical records and having those fractures categorized is central to the disposition of your claim and your motorcycle accident attorney knows this.

Don’t make the assumption that just because some of your other injuries don’t seem that bad to you that they aren’t. In any motorcycle accident claim hidden fractures and other internal injuries may cause other medical headaches later on. This is why your motorcycle accident attorney builds your case to maximize claim benefits.

While you many not think you need a motorcycle accident attorney, you do. This area of the law is far too complex to handle by yourself. A qualified motorcycle accident attorney will assess your case and be able to get you the judgment you deserve with a minimum of fuss.

A Useful Distraction May Be Most Helpful AFTER an Accident

Monday, March 29th, 2010

We’ve all heard about driver distractions that have caused personal injury car accidents, but chances are, not a lot of people realize the value of one driver distraction that may actually be useful and prove a point.

One of the things that an auto accident attorney thrives on is details; details of the accident and as much information as the person involved is able to give them. Often those facts, such as speed and direction of travel, are forgotten in the shock of adrenaline that people get after a crash. The stress of reliving the accident is usually guaranteed to make them not recall what speed they were doing at the time.

Generally speaking, an auto accident attorney knows and understands that accident victims don’t have terrific recall about some of the minutiae of their accident. They’re just thankful to be alive and discussing compensation with their auto accident attorney.

Is there a way to be precise about speed, direction of travel and the precise time of day without referring to a potentially flawed police report? Yes, there is, and it comes in the form of a small device called a GPS tracking unit. An auto accident attorney is able to have the information extracted from this marvel of technology and check the details their clients provided.

After all, the speed you were going is relevant, just as the speed the other car was going is also relevant. It will directly impact on proving your innocence. A GPS tracking device is able to calculate the exact speed the vehicle was going prior to the impact. This is solid information an auto accident attorney is able to use in court. It is indisputable because it does not rely on faulty human memory or on unreliable eyewitness reports. It is silent testimony that can’t be shot full of holes by defense counsel.

Many people don’t often remember the direction they were traveling in at the time of the accident, particularly if they sustained a head injury or other traumatic injuries. Their recall may be extremely vague at best, leaving their auto accident attorney in a bit of a bind to prove which direction each vehicle was headed just before the wreck. This is relevant if the force of the impact spun one or both vehicles in different directions or a complete 360 degree turn.

Once again, a GPS tracking unit is able to offer this information up from its memory banks. This little device is worth investing in, as it may provide an auto accident attorney with vital information for another time.

One other priceless nugget of information this tracking device may offer up to an auto accident attorney is the ability to give a precise read out of the time of day the accident happened. Now, you might be thinking what difference would that make to a court case? Your auto accident attorney will tell you that the relevance lies in the position of the sun; as in, was the sun in such a position that it blinded a driver, or was the accident at night when visibility tends to be at an all time low?

The bottom line here is that the more accurate the information is that your auto accident attorney is working with the better things go for your personal injury lawsuit. A GPS tracking device is smart driving.

Motorcycle Accident Attorney Spells out Dangers of After Market Parts

Sunday, March 28th, 2010

Owing a motorcycle can be a real pleasure for a lot of people. Fact is, many biker buffs like fixing on their machines, changing things around, optimizing the bike for better acceleration or installing extra parts to trick out their bike. It’s a whole culture and a whole market that is catered to by original equipment manufacturers and aftermarket parts.

Having been a motorcycle accident attorney for a good number of years, I’ve been able to talk to many bike owners about their vehicles and how they maintained them. To my initial surprise, I found out that many of them opted to get aftermarket parts, some of which had actually been salvaged from other motorcycles that had been in crashes. While this might be a cheaper option to keeping a bike in running order, it has the potential to be a very bad decision if that particular part is defective, not installed properly, not maintained the way it should be etc.

This revelation is one of the major reasons why a motorcycle accident attorney will thoroughly investigate any motorcycle crash to determine where the fault lies. Granted that motorcycle accident attorneys know that the usual cause for a motorcycle crash is the negligence of a passenger vehicle, however, if aftermarket parts are involved in the makeup of the bike, this may be another story and a different kind of a lawsuit entirely.

This is why it is vital for anyone involved in a motorcycle accident to tell the motorcycle accident attorney every detail they possibly remember. In any event, the presence of aftermarket parts may show up during an investigation of the damage done to the bike during the collision.

Generally speaking, when a biker needs to replace parts on the hog, s/he has two options. The first one would be to go with original equipment manufacturers or use aftermarket parts. From the point of few of a motorcycle accident attorney, original equipment manufactured parts make the most sense. These are the parts that come with the motorcycle when bought from the vendor. In other words, the parts haven’t been changed and they’re new. Replacing something on your motorcycle with these parts is comparable to having it done at the factory and they are dubbed “original” parts.

Option number two is to source aftermarket parts; parts that are made to work in substitution for the original parts. Translation: they are cheaper. However, along with cheaper comes the concern that they are not as effective and may be defective. As a motorcycle accident attorney I have seen and heard about aftermarket parts that are of equal, lower or higher value than the originals. It’s actually quite the crap shoot when it comes to aftermarket parts and when it comes to putting a motorcycle accident case together, the quality of the parts may be the key to the kingdom of compensation at trial or on settlement.

Over the years as a practicing motorcycle accident attorney I have heard many biker clients comment on why they use aftermarket parts. Largely it has to do with price, but more often than not it relates to customizing their ride. They might want to change the color of the chassis, alter the look of the tires and add different rims or do something different with the sheaves and cables inside the motor to enhance performance.

The bottom line is that change may be for the sake of aesthetics, for the sake of extra safety or for performance reasons. All valid reasons to be sure, but speaking as a motorcycle accident attorney who has seen a lot of accident cases, not all makers of aftermarket parts are accredited by the maker of the motorcycle. That means that while the components look like they may a good fit visually, there may be something that’s not compatible that has the potential to cause an accident later.

It never hurts to say this, and say it often, if you’ve used aftermarket parts on your bike, check it before and after every trip. Just keep in mind that aftermarket parts may also be used parts and parts salvaged from a motorcycle wreck. Be safe, be smart and try to avoid being in the office of a motorcycle accident attorney because an aftermarket part was defective.

Motorcycle Accident Attorney Urges Injured Bikers to Seek Medical Aid

Sunday, March 28th, 2010

Rather than run the risk of sounding paternalistic, I’ll probably only say this once in this article: if you’re in a motorcycle accident, seek medical attention immediately and do not wait. If you wait to go to the doctor and wait to seek assistance from a motorcycle accident attorney, you may lose your case. Why? Because the delays in getting medical help and coming to a motorcycle accident attorney may be viewed with some suspicion by the insurance company.

Unfortunately, as long as I have been a motorcycle accident attorney, it has always been difficult for a biker to get compensation. I’m not saying it’s impossible, or that it can’t be done, but what I am saying is that with the current attitude about people who ride motorcycles, compensation can turn out to be a real battle royal.

I find it rather odd that many car drivers and insurance companies heap scorn and cast aspersions on motorcycle riders; painting them as reckless fools with no traffic sense in their heads. The truth of the matter, from my perspective as a motorcycle accident attorney, is that most motorcycle crashes are caused by car drivers, because “they” were negligent.

But back to my main theme here, and that is if you have been injured in a motorcycle accident, you must get medical help immediately. This applies even if you figure you’re just fine and dandy and only have horrid road rash and cuts and bruises and a sprained neck. Over the years that I have handled accidents as a motorcycle accident attorney, I have seen seemingly innocuous injuries turn into life-altering events that debilitated the rider.

One of the worst types of injuries a biker can sustain is a traumatic brain injury. While it may not be immediately evident that is what happened, if it is not caught right away, the consequences may be catastrophic. Just take a moment and think back over this last couple of years about the number of high profile sports people who suffered traumatic brain injury from hitting their heads. The most well known case of course involved actress Natasha Richardson.

As a motorcycle accident attorney, I have seen and dealt with some pretty devastating injuries, many of which resulted in lifelong impairment for the injured biker in varying degrees of difficulty. Being in a motorcycle accident can be overwhelming, and if the cause of the accident was another’s negligence, then the biker deserves the best fight their motorcycle accident attorney can muster.

While it likely goes without saying, I’m going to emphasize this once more, just because I can, and because it’s my job as a motorcycle accident attorney to hand out advice. Making sure to get medical attention is a smart move because there is a record of your injuries. If there is any delay, as I mentioned earlier, the insurance company may look askance at your claim.

The fact is, that medical records that are detailed and complete are vital cornerstones to have in any lawsuit, and your motorcycle accident attorney knows this. Damage awards are quite often based on what information is in those records. So, make certain “every” injury is completely documented, in case something goes wrong later. And while I am at it, do not sign off on any medical claim until you discuss the matter with a motorcycle accident attorney.

Even though you may view yourself as a safe motorcycle rider and have driven all over the place for many years and never had a problem, this does not take into account the negligence of “other” drivers; drivers who say they can’t see a motorcycle.

If you or a loved one has been the victim of a motorcycle crash, seek legal counsel from a motorcycle accident attorney to obtain justice. When another driver is at fault for the collision, you have a higher chance of being able to claim compensation.