With over 4 million motorcycles registered in the United States, it is clear that for those who love to ride, they are willing to risk the potential for injury. Statistics, as well as common sense, tells us that if you are involved in a motorcycle accident that the chance that you will suffer injury is great. With nothing between you and the road, or another car, you are likely to make direct contact with the road or another hard object. No airbags to soften the blow. Unfortunately, how safety conscious YOU are may not be as important as whether the other drivers on the road are watching out for you. Accident statistics tell us that well over half of the two vehicle accidents that involve a motorcycle are actually the fault of the person driving the passenger vehicle. What this means is that you can be obeying all traffic rules, wearing the proper reflective clothing and be an experienced biker and someone may still simply not see you and cause an accident. Motorcycle accidents, when they happen, can cause serious injuries. One of the most common injuries in a motorcycle accident is a head concussion or a traumatic brain injury. A concussion is a type of brain injury that is usually caused by a blow to the head and generally results in unconsciousness. A concussion can normally be treated easily and the patient may just need to go home and rest for a day or two. A traumatic brain injury, on the other hand, can have serious and lifelong consequences. That same blow to the head can cause the brain to become severely damaged. Many people think that a person must lose consciousness for there to be a serious injury. This is not so. You could be suffering from a serious brain injury after a motorcycle accident and not be aware of it. Wearing an approved helmet can reduce the risk of head injury by as much as 40%. Broken bones or joints are another common motorcycle accident injury. The most common breakages are the shoulder and the pelvis. Not surprisingly, when you collide with a hard surface, whether that is the road or another vehicle, your bones or joints can only withstand so much blunt force trauma before they snap. Road rash, or soft tissue injuries are also common injuries from a motorcycle accident. Some of these can be just minor surface scrapes, but others can be deep and leave serious scars. Road rash is what happens when exposed skin scrapes along the road during a collision. Wearing leather clothing or other protective gear can help reduce the risk or the severity of road rash in the event of an accident. If you have been in a motorcycle accident in the State of California and you believe that the accident was caused, in whole or in part, by the negligence of the other driver (or drivers), then you may have a valid California personal injury claim. If someone else was responsible for your injuries, then you may be able to receive compensation for those injuries – including money to repair your bike. Contact the motorcycle accident law firm of Ledger & Associates for a free detailed evaluation of your case. They can be reached at 1-800-300-0001 or visit them online at www.ledgerlaw.com
Archive for May, 2010
California Motorcycle Accident Attorney Talks about Injuries
Monday, May 31st, 2010California Motorcycle Accident Attorney Discusses How to Value Your Motorcycle Accident Case
Monday, May 31st, 2010If you own a motorcycle, then you know that along with the incredible freedom that comes along with riding, you also accept the risks of an accident. Despite decades of attempts by both government entities and private groups to educate the car and truck driving masses about the need to watch out for motorcycles, they still fall short. Statistics tell us that the majority of the time when a motorcycle is involved in an accident with a passenger vehicle, the passenger vehicle was at fault or more at fault in the accident. Of those accidents, drivers most often report that the reason they were involved in the accident in the first place was because they simply did not see the motorcycle. Motorcycle safety has also come a long way. Bikes are made better and come equipped with a number of safety minded options. Protective clothing is available to prevent or limit the severity if injuries if the worst happens. Many states now require protective head gear to be worn at all times to prevent or limit head injuries. Having said all of that, if you are involved in a motorcycle accident, the chances are good that you have suffered damages (injuries in legal terms). SO how do you know what your motorcycle accident case if worth?
According to California motorcycle accident attorney Emery Ledger of Ledger & Associates, determining the value of any personal injury claim can be complicated and may involve a number of factors that are specific to your case alone. There are, however, a few things to take into advantage in all motorcycle accident cases to help you determine the value.
1. Who was at fault? If the other person was 100% at fault, then that makes computing damages much simpler. While you may think that the other driver was completely at fault, that may not turn out to be the case. Even if you did share some of the fault, in California as long as the other person was MORE at fault, you may still be able to recover damages and receive compensation. Your compensation will simply be adjusted according to the amount of fault (or negligence in legal terms) that you shared in the accident.
2. What are your economic damages? Economic damages are quantifiable damages. These include things such as medical bills, lost wages, damage to your bike and others.
3. What are your non-economic damages? Non-economic damages are what most people think of as “pain and suffering”. Computing non-economic damages can be more difficult and may depend on this such as the type and severity of physical injuries you suffered and your general health before the accident.
Only an experienced California motorcycle accident attorney can accurately determine what the value of your motorcycle accident case is based on your specific set of facts. If you have been in a motorcycle accident, contact the motorcycle accident law firm of Ledger & Associates as soon as possible for your free detailed evaluation of your motorcycle accident case. They can be reached by visiting them online at www.ledgerlaw.com or by telephone at 1-800-300-0001.
Seeking Out A Truck Accident Lawyer?
Monday, May 31st, 2010If you have been in an accident with a tractor trailer you may be wondering what to do next. You may be facing large medical bills and many months of recovery, as well as car repair bills for the damages to your vehicle and other fees and expenses that are inevitable when it comes to a car accident. However, when do you know that a tractor trailer accident lawyer is required, and what is the first step you should take after being treated. What you learn may surprise you, as you may be able to collect money from the truck company’s insurance, or other parties involved to cover much if not all of your expenses.
You will want to know when a truck accident requires a lawyer so that it can be your first step after the medical treatment that you receive. The first clue that you should get a lawyer, is if you feel you are being treated unfairly or taken advantage of. This can be by the insurance company for the trucking company or the owners or employees of the trucking company itself, or by the police that are taking the report for your accident. If you feel that you are being misunderstood and run over by any of these people or if they are trying to force you to do something that you don’t want to do, that is the first clue that you need an attorney.
Another great reason for getting an accident lawyer is that you don’t understand what the insurance company, police of another party is trying to tell you or convince you of. For instance, if the insurance company representative brings over paperwork and does not explain it to you so that you understand it clearly, then you might need a personal injury attorney. The mere fact that you have an attorney representing you will cause companies to behave differently most of the time if they are trying to get you to sign paperwork that is not in your best interest.
If you have severe injuries as a result of the truck accident, and you know that the injuries that you have sustained may take a long time to recover from, you should contact an attorney. If the accident was not your fault or only partially your fault, then a California semi truck accident attorney will be able to tell you if you can receive compensation for your accident and how you should proceed with your case. Severe injuries are costly and can leave you impaired for a long time or for the rest of your life in some cases, and you should receive compensation if the truck driver was negligent.
The best way to judge whether or not you need an attorney for your case is by asking yourself if you were in an accident as a result of negligence by someone else – in this case a truck driver – and whether the injuries, damages to your car or expenses that you are now responsible for are severe enough to warrant pursuing legal action against the person that was negligent. If so, contact Ledger & Associates. With years of personal injury and car accident cases you will be well represented and you may be able to collect the compensation that you deserve.
California Attorney Discusses Mesothelioma
Sunday, May 30th, 2010Many people have heard the term Mesothelioma, but generally only those that have affected by it have any real idea what it is. Mesothelioma is a relatively rare type of cancer. In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium. So what is the mesothelium and how does one get mesothelioma?
The mesothelium is a membrane, or protective sac, that covers and protects the majority of the body’s internal organs. The mesothelium has two layers so that one layer is directly around the organ it is protecting and the other forms a sac around the first layer. The mesothelium produces a lubricating fluid that is released between the two layers which allows moving organs such as the beating heart or expanding lungs to glide easily against adjacent structures. The mesothelium can be referred to by different names depending on where in the body it is located. The peritoneum is the mesothelial tissue that covers most organs found in the abdominal cavity while the pleura surrounds the lungs and lines the walls of the chest cavity for example.
Mesothelioma – or cancer of the mesothelium – happens when the cells of the mesothelium become abnormal and start to divide put of control. When that happens, they begin to invade and damage nearby tissues and organs. Not only can they damage nearby tissues and organs, but when cancer cells metastasize (spread) to other parts of the body they can cause damage their as well.
Mesothelioma was once thought of as an extremely rare type of cancer. Over the last 20 years, the reported incidences of mesothelioma have increased at an alarming rate. Working with, or exposure to, asbestos is the largest risk factor for developing mesothelioma. Estimates are that 70-80% of the reported cases of mesothelioma can be traced back to extended exposure to asbestos. Asbestos is a has been used in many industries including flooring products, brake linings, roof shingles, cement, insulation, textiles and many others. When these products are being manufactured, small particles of asbestos may escape into the air and then be swallowed by unsuspecting employees. Once these particles enter your lungs, they can increase your risk of developing mesothelioma.
Asbestos has been widely used in the United States for over 100 years in the manufacture of different products. The potential link between asbestos and cancer has been known for over 50 years, but regulations were not put in place to protect workers until recently. Now, the U.S. Occupational Health and Safety Administration (OSHA) sets very strict guidelines for how much asbestos a worker can be exposed to. While that may help those that work in asbestos industries at the moment, there were thousands, maybe millions, that were exposed to asbestos before those rules and regulations were put into place. Worst of all, family members of workers in an asbestos industry could have also been exposed to the cancer causing asbestos and are also at risk for developing mesothelioma.
If you, or a loved one, worked in an industry that used asbestos, or believe that you were exposed to asbestos for any other reason, consult a physician for a thorough examination. The actual symptoms of mesothelioma may not appear for as long as 50 years after exposure takes place. Only a physician can diagnose mesothelioma but the sooner you are diagnosed the better your chances of beating the disease.
If you are diagnosed with mesothelioma, you may be entitled to compensation for the injuries you and your family have suffered as a result of exposure to asbestos. To find out more about your legal options, contact the mesothelioma law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.
How to Tell When Your Car Accident Settlement Is Fair
Saturday, May 29th, 2010If you have been in a car accident and the other person was found at fault, you may have spoken with an insurance claims adjuster, either over the phone or in person. The job of the claims adjuster is to try to limit the liability of the insurance company, and to get you to take the lowest settlement possible. If you are about to receive a settlement offer, or if you have already received an offer from the insurance company, or any party that was responsible for your accident, how do you know when it is fair and how can you be sure that you are getting the maximum amount that you are entitled to.
Your first step in making sure that you settlement is fair is to get an attorney. An attorney that is experienced in car accident litigation and has done many personal injury cases can help you determine how much you should be receiving and if you should hold out for a higher offer, demand a higher offer or take the one that has been given to you. This comes from dealing with many similar cases, and knowing what past cases have been settled for or awarded, and only a qualified personal injury attorney will be able to tell you when your settlement is the best you are likely to get.
Any settlement that you are going to get may include both economic and non economic damages. Economic damages are defined as those damages that actually cost you money and thus are reimbursed for. For instance, economic damages may include medical bills, physical therapy, cost of medication, cost of surgery or long term care as well as auto repair damages, compensation for towing and storage bills for your vehicle, or in some cases the entire cost of the vehicle itself. This can also include other miscellaneous fees and charges.
Non Economic damages are those that are paid for intangible things like the pain that you are going through right now, or did go through when you had the accident, as well as pain that you will suffer in the future. It may also include mental anguish and loss of the quality of life. In wrongful death cases, the non economic damages may include compensation for loss of companionship, or teaching from a parent or family member. Non economic damages are harder to estimate but your attorney should be able to give you an idea how much you might be able to receive.
Newport Beach Personal Injury Attorney Emery Ledger has experience in these type of cases. With years of personal injury and car accident law practiced, you can trust that your case will be handled professionally, and that you will be able to collect damages that are fair. California accident law firm Ledger & Associates understands that a car accident changes your life and that you should receive compensation for the negligence and carelessness of another driver that caused a collision, and you may not have to pay anything at all unless money is recovered for you.
Motorcycle Accident Attorney Explains Compensation in Motorcycle Accidents
Saturday, May 29th, 2010Motorcycle enthusiasts know that California is one of the best states to own and ride a motorcycle. The weather is conducive to riding for most of the year and the variety of topography keeps you from getting bored or seeing the same sights over and over again. With over 1.3 million registered motorcycles in California, it is clear that bikers are enjoying what California has to offer. Sadly, motorcycle accidents and fatalities are also on the rise in California. After reaching an all time low back in 1998, California motorcycle fatalities and serious injuries have been increasing each year since then. Motorcycle fatalities were down to 200 for the year 1998, however have been rising each year since then and are approaching the 500 number mark. Serious injuries have been rising as well over the last decade from a low of around 6,000 in 1998 to around 10,000 per year for the last few years. Motorcyclists also represent a disproportionate number of accidents compared to other forms of transportation. While bikers represent only 2.1% of all registered vehicles in California, they account for 9.4% of all traffic fatalities in the state. A motorcycle accident not only leaves you with damage to your bike – which may be your only form of transportation – but can leave you with serious or even life-threatening and permanent physical injuries as well. You may also suffer psychological trauma as a result of a motorcycle accident. So what legal options do you have if you have been involved in a motorcycle accident that was not your fault?
You may be entitled to receive compensation through a personal injury lawsuit. In the State of California, if the accident was not your fault, or your share of the fault (negligence in legal terms) was less than the other driver’s, then you may be entitled to compensation for the damages you have suffered. Damages is a legal term used to describe the injuries – physical and emotional – that you have suffered. In California, you may be entitled to receive both economic and non-economic damages. Economic damages are those things were directly caused by the other driver and are easily quantifiable. Examples of economic damages are: damage to your motorcycle; lost wages or income; medical bills; hospital bills; towing expenses and rental car expenses. You may also be entitled to non-economic damages. None-economic damages are harder to calculate. They include things such as: pain and suffering; loss of use; disfigurement; humiliation; disability; mental anguish and emotional distress. The value of your non-economic damages can be difficult to calculate as many factors go into determining the value such as the type and severity of any physical injuries you suffered, your age and general health before the accident and how the injuries may affect your future ability to earn a living or your future ability to engage in personal relationships.
If you have been involved in a California motorcycle accident, you owe it to yourself and your family to seek legal advice from an experienced motorcycle accident attorney immediately. If you were not at fault, then you have every right to hold the responsible party accountable for their negligence. Contact California motorcycle accident attorney Emery Ledger at Ledger & Associates for a free detailed evaluation of your case at 1-800-300-0001 or online at www.ledgerlaw.com.
California Motorcycle Accident Attorney Explains Personal Injury Lawsuits
Saturday, May 29th, 2010California is one of the most beautiful states to own and ride a motorcycle in by anyone’s standards. If you are a California resident and motorcycle enthusiasts then you already know this. Where else can be ride along the ocean, through the mountains and end up in the desert all in one day? The weather is certainly another good reason to own and ride a bike in California. Sadly, the biggest drawback to riding, in any state, is the disproportionate number of accidents that motorcyclists are involved in compared to passenger vehicles.
Statistics from the National Highway Traffic Safety Administration show us that for every 100 million miles of motorcycle travel there are approximately 632 injuries. Compare this to only 122 injuries for the same miles of passenger car travel. The facts all point to motorcycle riding being more dangerous than riding in a passenger car. What makes these statistics even more frustrating for bikers is that those same statistics tell us that over two-thirds of the time when a motorcycle is involved in an accident with a passenger vehicle, the passenger vehicles is ultimately found to be negligent (at fault) for the accident. Clearly, the efforts at motorcycle safety over the past few decades have failed to educate the public about the need to be aware of motorcycles. So what can you do if you have been involved in a motorcycle accident and you believe the other driver was at fault?
A personal injury lawsuit is a way for an injured person to receive compensation from the responsible party. The State of California follows the rules of comparative negligence for personal injury motorcycle accidents. What this means, in essence, is that more than one person, or entity, can share the blame for an accident. In other words, if you are found to be 10% at fault – or negligent – for your accident, you may still be able to collect compensation for any damages or injuries that you suffered in the accident. Your settlement, or jury award, will simply be adjusted to reflect the percentage of negligence that you had in the accident. Therefore, as long as the other person was MORE at fault, you may have a valid personal injury lawsuit.
In a personal injury lawsuit, you may be able to collect for economic and non-economic damages. Examples of economic damages include things such as damage to your motorcycle, lost time form work and medical bills. Non-economic damages represent the suffering that you went through as a result of the accident. The value of your personal injury case will vary depending on a number of factors. If you would like to get an idea of whether you have a valid California motorcycle personal injury accident case, feel free to contact motorcycle attorney Emery Ledger of Ledger & Associates. Ledger & Associates have been fighting for the rights of motorcycle enthusiasts in the State of California for over a decade and will be happy to give you a free and detailed evaluation of your case. They can be contacted online at www.ledgerlaw.com or by calling 1-800-300-0001.
