Archive for the ‘Auto Accident Lawyer’ Category

An 8 Year Old Boy Struck by Car in San Diego

Tuesday, November 15th, 2011

An eight year old boy who was stuck by a car outside of Lincoln Park Elementary School in San Diego  This car accident is one of those terrible events which can occur in the blink of an eye.  Luckily in this pedestrian and auto accident the boy’s most severe injury was a broken foot.

The police were still investigating the cause of the accident and had not officially placed anyone at fault.  Imagine if you had been behind the wheel of the car driving past a busy school and suddenly a child appeared from between the cars.  Is this what happened?  At the moment no one is saying.

If you were the driver your first reaction would be absolute fear.  You would be scared for the child’s safety.  You would begin to panic about your own freedom and safety.  The scariest part of an accident of this type can happen days, weeks, or months later.  You may suddenly discover you are being sued by the child’s parents.  You might even find yourself facing legal charges resulting from the investigation.

Those are not things you will think of in those first moments, but something you should be prepared for.  You might expect your insurance company is going to come to your rescue.  Depending on your coverage they should be paying for the medical bills of the injured child and repairs for your car.  Will they be around if you discover you are being sued?

In many accidents the outcome is much worse.  Children are seriously injured or killed.  This car accident is good reminder of the importance of driving slow around school building during school hours.  Children are not focused on their own safety so we must stay vigilant.

What would you do if this happened to you?  Are you going to defend yourself and trust your insurance company will pay for any and all damages which might be awarded?  Do not count on the insurance company’s support.  They have two concerns in all cases.  First, they want to make sure their company has the lowest expenses possible.  Second, they want to take care of the policy holder.

If you want to be safe you should plan on have legal counsel after any accident, especially when you do not understand all of the details of your insurance policy.  You will want someone on your side who understands how to protect your interests while making sure you do the right thing for the injured child.

Could this accident have been prevented by the driver?  The driver is probably asking themselves this question every moment of the night and day since the accident.  The police investigation should answer the question soon.  The important thing is everyone survived and these details can all be sorted out.  If you are in this position it would be the perfect time to turn it over to your car accident attorney and try to get your life back on track.

Risks of Teen Driving: Parent Instruction & Practice Helps Promote Safety

Saturday, November 12th, 2011

California teen drivers are four times more likely to be killed or seriously injured in a car accident than any other demographic in the state. This statistic is also very much reflective of the high percentage of teenage car accident deaths in the United States every day, every month, and every year. However, many of these deaths could be avoided simply by practicing safe driving habits and abiding by the driving laws for the state of California.

Teenagers in California are able to apply for a Driver’s Permit at the age of 15 years and 6 months. Then, after 6 months, teenagers are able to apply and test for a Driver’s License starting at the age of 16. During this 6 month permit-holding period, teenage drivers must abide by a set of guidelines meant to provide a safe and successful period of driving before acquiring a license. For example, permit-holding drivers must be accompanied by a licensed adult any time they go behind the wheel. Furthermore, permitted teens must complete a set number of supervised driving before they test to receive a license. Along with adult supervision during a 6 month period, teen drivers are not allowed to drive any passengers and are expected to uphold the set curfew for all minors (under the age of 18). It has been repeatedly proven that night-time driving increases a driver’s risk for accidents by at least 2 times. Therefore, teen drivers are much more at risk of an accident when disregarding the state curfew.

Unfortunately, with no check-and-balance system that can effectively be carried out with every single permitted-teen driver, often times, teenage drivers will overlook these rules, sometimes out of necessity, and sometimes out of carelessness. As a result of this negligent behavior, the chances of a fairly inexperienced teenage driver ending up in a serious car accident exponentially increases every time they get on the road with a passenger and/or without adult supervision in the car. More so, the National Highway Traffic Safety Administration (NHTSA) shows that teenage drivers are actually much more likely to be involved in a car accident when another teen passenger is in the car as well. In essence, the more teenagers in the car, the higher chance that there could be an accident. Car accident attorney Emery Ledger knows the pressures and distractions that teenagers face when in the car. Unfortunately, this negligent behavior is responsible for increased risk and reckless behavior observed in many teenage driving that has led to automobile and car accidents.

Make sure your teen follows the laws. Just simply by abiding by the given California laws, the accident rate of teen drivers could dramatically decrease in California and, in the aggregate, across the nation.

If your teenager or your loved one has been involved in a car accident please contact the Law Offices of Ledger & Associates. Our firm understands the emotional pain and heartache involved in a car accident, and can help you take care of the legalities involving the case while you focus on you and your family’s quick recovery. For a free and detailed consultation, please call (800) 300-0001 or visit the firm’s website at www.Ledgerlaw.com.

Avoid Being Taken Advantage Of With Your Car Accident Claim!

Friday, November 11th, 2011

While being involved in a car accident can be traumatic, if you are fortunate, there will be good Samaritans nearby who will assist you, it is useful to remember that not all people who come to provide assistance during a car accident are good Samaritans. You will find that there are people who attempt to take advantage of the situation and you will need to keep an eye out for such individuals.

Common things that happen during a car accident include loss of property. There are opportunists who may take advantage of the chaotic situation of a car accident to loot the vehicles involved in the accident. While you may not be in a position to stop them, it would be useful if you could pay attention to such matters as well. Once you have ensured your physical safety and the safety of other individuals involved in the accident, always check to ensure that your personal belongings are secure. This will include anything of value that you may have in your vehicle.

If you have been admitted into hospital as a consequence of a car accident, you may find that there are individuals unknown to you, who will endeavor to provide you with legal advice about how to deal with the accident. While it is perfectly acceptable to listen to what they have to say and take advice from them, it is not advisable to sign off on any documentation through such individuals until you have had a chance to check the details of who they are and whom they represent. Remember that these individuals may represent inexperienced or scrupulous car accident attorneys and the advice they provide or even their suggestions about how much you may be entitled to claim as a consequence of the accident may not be accurate.

It is therefore better to wait until you are in a position to visit a reputable car accident attorney on your own. Select such an attorney with reference to advice from friends and family or even with reference to an online search, and check on the references of such individuals or firms before visiting them. It is useful to note that personal accident matters are considered to be a specialist area of law, and therefore although most attorneys can handle such a matter, if there is a possibility of a large claim by you or even against you, it is better to get a professional and specialist car accident attorney to handle the matter.

Always ensure that your documentation is in order when you visit your car accident attorney. The documents that you should take along with you include the police report of the accident, your car ownership documentation as well as any insurance documentation you may have. The insurance documentation should not only include your car insurance but also any personal insurance documentation which may have personal accident coverage. This is relevant in the event that you have been injured in the accident.

Seeking a claim for injuries sustained as a consequence of another’s negligence?

Thursday, November 10th, 2011

While most people believe that you can successfully file a legal suit against the person who was responsible for the damage to property and personal injury that is sustained during a vehicular accident, what many people are unaware about is that there are many other forms of claims that can be filed that may have nothing to do with a car accident.

The law of tort stipulates that each person owes another a duty of care and this duty is manifest by ensuring that a person is not injured and his property not damaged as a consequence of any act or omission on the part of that person. Therefore there is also a possibility that if you sustain injury or damage to property in any other context, for example while you are in a store or as a consequence of being attacked by another’s pet or because of an uncovered manhole on the pavement, that you can also seek compensation for personal injury.

The success of such a claim is dependent on your personal injury attorney establishing that the injury you have suffered arises as a consequence of the negligence of the owner of the store or the pet or the local authority. In addition to that, it is imperative that the personal injury that you have sustained is quantifiable in the context of the medical expenses as well as any ancillary expenses that will have to be borne for your treatment. The law also allows your personal injury attorney to file for compensation for emotional distress or trauma and also for loss of income for the period that you cannot work due to the injuries sustained. In certain instances, your personal injury attorney may also recommend that you make a claim for general and even exemplary damages, depending on the nature of the incident.

It is therefore always best to seek professional legal advice when you have sustained injury or suffered damage to property as a consequence of another’s negligence. While you may regard the matter as minor, by seeking legal advice you will be able to better understand your rights as a victim as well as the other’s responsibilities and liabilities to you.

In the event that you are faced with such a situation therefore, it is imperative that you seek immediate medical treatment for any injuries sustained as well as keep records of all your dealings with the party who was responsible for the accident. If you are covered by health insurance or personal accident insurance, such documentation will also be useful for you when you file your claims with the insurance company. If you get professional legal advice you may discover that it is not necessary to make any claims of your own insurance as the liability will have to be borne by the other party, who will then have to compensate you for your loss. Initial consultation with a personal injury attorney is usually inexpensive and should be done as soon as possible after the accident.

Being Involved In A Hit And Run Accident

Tuesday, November 8th, 2011

While no one expects to be involved in a hit and run accident, such accidents occur more frequently than most people realize. The reason some drivers do not stay upon being involved in an accident is commonly because they are shocked and afraid of the consequences of what occurred and of course, because they have something to hide. It is important to remember that if you flee from an accident, you are committing a grave criminal offense and the penalty imposed by the law can be very severe including imprisonment.

However, the reality is that for whatever reason, you have caused an accident and in a state of panic, you have fled the scene. The question is what you should do next. There are several key steps that you need to take. The first of this is, if you are aware of the extent of the accident and the possibility that there are individuals injured by it, to immediately contact the police and medical emergency personnel, and inform them of the accident as well as its location. The second thing to do is to drive to the nearest police station and provide the police personnel there with the relevant details of the accident. You will need to understand and remember that just because you flee from the scene of an accident, does not mean that you are the cause of the accident, although you would nonetheless have committed a crime.

Once you are at the police station, and you believe that the incident that occurred requires you to have legal advice, contact your car accident attorney immediately. Ideally, this should be done before filing any report with the police, and you can ask for your car accident attorney before meeting with the police personnel. You should speak to your car accident attorney privately before meeting them with the police. This is so that you can brief your car accident attorney about the details of the accident and he can advise you about your rights and possible liabilities in such a situation.

If you are a victim in a hit and run accident, then as soon as you are able, you should try to recall what happened when the accident occurred. It is important to try to recall the details of the accident as soon as possible after the accident, while it is still fresh in your mind and not clouded or influenced by other factors. By recalling the accident, you may be able to identify the make and model of the vehicle that was involved or even the license plate information, the number of vehicles involved or individuals in the other vehicle, and even which part of the vehicle body may have been damaged by the accident.

Such information is useful for the police when investigating the hit and run accident, and such details may even be critical to resolving the matter. You should provide the police with this detailed information as soon as you are able after the accident and remember, a car accident attorney’s help is crucial in such a situation.

Car Accident Property Damage Claims

Sunday, November 6th, 2011

When you are involved in a car accident, chances are that there will be property damage to your car or the other vehicle(s). This means that there will now be costs incurred in order to repair the damage and depending on who is at fault for the accident, that person or his insurance company shall be responsible for bearing the cost of repair.

If you have insurance coverage of your own, then depending on the degree of the damage, the insurance company can either pay for the repairs or, if the damage is extreme, they can make a decision to “total” the vehicle. The effect of having the vehicle “totaled” is that it is considered to be a complete loss meaning that the insurance company assumes that the vehicle cannot be repaired at all to make it roadworthy. In this context, this does not really mean that your car has zero value but rather that by the insurance company’s calculations, the cost of repair is more than 51 percent of the car’s worth, usually.

Consequently, the insurance company will pay you for what is known as the cash value of the car. The ACV, or actual cash value is calculated based on how much it would cost to replace your vehicle with one that is of the same kind. This does not mean that you can now go out and buy a new car however as the ACV deducts the vehicle’s depreciation before allocating you a sum for the value of the vehicle. Therefore if you have a car that is 5 years old for example, the ACV will be the value of the car less wear and tear and age and other factors that influence depreciation.