Archive for the ‘Motorcycle Accident Lawyer’ Category
Thursday, July 22nd, 2010
By: Melanie Harris, Case Manager, Ledger & Associates
In the United States, motorcycle deaths account for approximately 13% of deaths resulting from a collision. (NHTSA DOT HS 811 149). California is certainly a motorcycle friendly state. And with consistent warm, dry weather, considerations of traffic, and parking, it is no surprise. California is the only state that does not prohibit lane splitting (riding the bike between highway or road lanes in the direction of traffic), providing for a more efficient means of commuting in heavy traffic, but also presenting a risk to those operators who are careless or inexperienced. There are more stringent requirements on obtaining a license to operate a motorcycle in California, and for good reason: a motorcyclist is 16 times more likely to die in a collision than an occupant in an automobile.
The California Department of Motor Vehicle’s records show that fatal motorcycle accidents have been rising every year since 1990. The most recent reports show that between 2007 and 2009, motorcycle fatalities increased by 10%.
Below is a list factors that may increase the risk of death in a motorcycle accident, opposed to a motor vehicle accident:
- Use of a Helmet and/or Protective Clothing
- Speed
- Road Design
- Licensing & Experience
- Braking and steering maneuvers
- Visibility
- Age
- Intoxication
Use of Helmet and Protective Clothing
Motorcyclists do not have the protection an occupant of a vehicle has: thousands of pounds of steel and metal. With a collision involving a motorcycle and a vehicle, the motorcyclist is in a compromising position of vulnerability. Most states have enacted laws that actually require motorcyclists to wear a helmet: including California. A helmet greatly reduces the risk of brain injury. According to the NHTSA, a helmet reduces the risk of head injury by 16%. Clothing such as gloves, leather, and boots, can also provide some level of protection for the exposed motorcyclist.
Speed
Over one-third of motorcycle accident fatalities were caused by speeding.
Road Design
Many motorcycle accidents occur in rural areas due to surface structure and road design. Maneuvering a motorcycle around pot holes, rocks, and other conditions can be very difficult due to the instability of the bike.
Licensing
California department of motor vehicles reports that in 2008, 37% of motorcyclists killed in a collision did not have a valid motorcycle license. Nationally, 25% of motorcyclists involved in a fatal accident did not have a valid license in 2008. (National Highway Traffic Safety Administration DOT HS 810 820).
Breaking and Steering Maneuvers
It is estimated that Braking and steering mistakes contribute for more than twenty five percent of the fatalities. (NHTSA, Fatality Analysis Reporting System).
Visibility
An operator of a motorcycle has the same rights and responsibilities as the operator of a motor vehicle. Motor vehicles are charged with the legal duty to drive with reasonable care to avoid injury to others: including motorcyclists. This duty requires drivers to be conscious of others on the road, including motorcyclists. However, in California, a motorcyclists although charged with the same legal duty as one operating a motor vehicle, is permitted to ride between lanes, in effect traveling in a motor vehicle’s blind spot and greatly reducing visibility. This creates the risk that motor vehicle operators are not aware of their presence.
In addition, because a motorcycle is a two wheel vehicle and only contains one headlight, driving at night presents a great risk that the operator of a motor vehicle will not see the motorcyclists before colliding into him or her. Almost 60 percent of motorcyclist fatalities occur at night.
Age
Recent studies show that drivers over the age of 40 are more likely to be killed in a motorcycle collision than those under the age of 40. This is quite the opposite to the reported statistics of motor vehicle accidents, which show 12% of all fatal crashes in 2008 involved drivers ages 16 to 20. (The National Highway Traffic Safety Administration).
Intoxication
Half of fatal motorcycle accidents involved drivers under the influence of alcohol. The National Highway Traffic Safety Administration
Fatalities on the Decline
According to the Governors Highway Safety Association report, motorcyclist fatalities dropped 10% in 2009 and it is predicted to continue to decrease in California throughout 2010 by at least 29%. Experts contribute the decline to the enactment and enforcement of helmet laws and motorcyclist education and licensing requirements reducing the risk of inexperienced and incompetent motorcycle operators on California roads. (Governors Highway Safety Association report April 22, 2010).
If you have been injured in an automobile or motorcycle accident please contact the Law Offices of Ledger & Associates.
Tags: auto accident, brain injury, fatal crash, fatal motorcycle accidents, motor vehicle accident, motorcycle accident, motorcycle deaths, motorcycle fatalities, motorcyclist, motorcyclists, protective clothing, vehicle accidents
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Friday, July 16th, 2010
If you have been injured in a California motorcycle accident that was not your fault, you may be trying to figure out what your motorcycle accident case is worth. You may have asked friends or family and gotten a number of different opinions as to how to determine the value. According to California motorcycle accident attorney Emery Ledger of Ledger & Associates, many people are under the impression that there is a “formula” for determining what your accident case if worth. The truth is that there is no magic formula. Each case is different and brings with it different facts and factors that go into determining the ultimate value of the case. California law allows injured plaintiffs to receive compensation for both economic and non-economic injuries. The economic injuries are things that have a quantitative value and include things such as medical bills, property damage to your bike and time lost from work. These damages are relatively easy to calculate and generally are not the source of much debate in your motorcycle accident case. Non-economic damages, on the other hand, are much more subjective and difficult to put an exact value on.
In California, non-economic damages include pain and suffering, emotional distress, disability, disfigurement, humiliation, loss of use, mental anguish, loss of love, support and companionship and loss of consortium when applicable. As you can see, there are many components to the non-economic side of a motorcycle accident case. Determining the value of your non-economic injuries will depend on many factors. The extent and severity of your physical injuries will play a part in determining your non-economic damages. There is generally a direct relationship between the two – but not always. Your age, general health, occupation and many other individual characteristics will also be used to determine the value of the non-economic damages. If, for instance, you received a broken ankle in your accident that was expected to return to 98% capacity you might not have suffered severe emotional distress as a result of the injury. BUT, if you were an athlete and that brake will prevent you from ever competing again your emotional distress may be severe. This illustrates the reason why there is not an exact formula for determining the value of your motorcycle accident case. The law is intended to compensate you for all the injuries you received and therefore requires an individual evaluation of each case to determine what those injuries are. Only after your own individual characteristics and circumstances are evaluated along with the physical injuries that you suffered can a realistic determination be made about what the value of your motorcycle accident case really is.
If you have been the victim in a California motorcycle accident and would like a more detailed and personal evaluation of your case to determine what the value may be, then please contact the motorcycle accident law firm of Ledger & Associates for a free evaluation. They can be reached by calling their toll-free number at 1-800-300-0001 or you can visit them online at www.ledgerlaw.com.
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Friday, July 9th, 2010
Motorcycle accidents happen all the time and under an infinite number of circumstances in the state of California. While there are times when an accident is 100% the fault of the other driver, it is more likely that the accident was a combination of events and that both drivers may share some of the blame for the accident. According to California motorcycle accident lawyer Emery Ledger of Ledger & Associates, many people come into his office under the impression that if they did anything at all to contribute the accident that they are barred from receiving compensation for their injuries. Luckily for bikers in the state of California that is just not so.
Negligence is the legal word used to describe fault or blame in an accident. States are allowed to determine what theory of negligence they use when litigating accident cases. There are two basic theories of negligence: contributory negligence and comparative negligence. Under the contributory theory of negligence if you contributed AT ALL to the accident then you are barred from receiving any compensation at all for your injuries. As you might imagine, this theory of negligence can produce for very unfair results. If a plaintiff was seriously injured in an accident with medical bills of $100,000 but was 2% responsible for the accident, then they would receive nothing toward their bills much less any pain and suffering compensation. Luckily, in California, the comparative theory of negligence is used. Under the comparative theory of negligence, the negligence of all parties involved is considered and each party is assigned a percentage of the total fault. A plaintiff’s recovery amount is then diminished by their percentage of fault. In the example above under the California system of negligence the plaintiff would be entitled to the $100,000 minus 2% – or $2,000 – making their award $98,000. The comparative system of negligence allows for a much fairer outcome for injured victims.
As you can see, if you were involved in a California motorcycle accident and you share some of the fault for the accident, that may not mean that you are barred from recovering anything for your injuries. Determining negligence in a motorcycle accident can be a complicated process and one that is heavily litigated at times. If you feel that negligence is an issue in your motorcycle accident case, then you should consult with an experienced California motorcycle accident attorney as soon as possible. With the help of an experienced accident lawyer, you may be able to resolve the issue of negligence in your favor which would make you eligible to receive compensation for the physical and emotion injuries that you suffered in your accident.
If you have additional questions about negligence or any other motorcycle accident related questions, please contact the California motorcycle accident law firm of Ledger & Associates. You can make an appointment for a free and detailed evaluation of your case by calling 1-800-300-0001 or by contacting them online at www.ledgerla.com.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, california motorcycle accident attorney, california motorcycle accident lawyer, comparative negligence, comparative theory, compensation, contributory negligence, motorcycle accident, motorcycle accident attorney, Motorcycle Accident Lawyer, motorcycle accidents, Negligence, pain and suffering, pain and suffering compensation, plaintiff
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Friday, July 2nd, 2010
Motorcycles are a popular form of transportation as well as being a popular form of leisure time activity in the State of California. According to the California Highway Patrol, there are over one million motorcycles registered in California and many more than come to visit and ride each year. Anyone that rides a motorcycle knows that the risks of serious injury or death are greater on a motorcycle than in a conventional vehicle in the event of an accident. The simple truth is that while a bike affords the rider and passenger a much greater feeling of freedom while riding, that same feeling of freedom also means less protection in an accident. The past few decades have seen massive efforts by both government and private groups to educate the public about the presence of motorcycles on the roads; however the number of serious injuries and fatalities continues to rise on California’s roadways. Each year, 10,000 bikers are seriously injured in California and almost 500 are killed. If you have recently lost a loved one to a motorcycle accident, then you may be able to file as a claimant in a wrongful death action according to California motorcycle accident lawyer Emery Ledger of Ledger & Associates.
Statistics tell us that the vast majority of accidents that involve a biker are actually caused, at least in part, by the driver of the other vehicle. The fact remains that drivers in cars or trucks simply do not see motorcycles on the roadway until it is too late many times. If this was the case in your loved one’s fatal accident, then the other drive may have been negligent. When someone else is negligent and that negligence causes a death, then the surviving family members may be able to receive compensation for the loss of their loved one through a California wrongful death lawsuit. A lawsuit will certainly not turn back the clock and prevent the accident, but if you were emotionally and/or financially dependant on the decedent, then you should receive compensation from the negligent party for causing their death. The amount of compensation that you may be entitled to will vary from case to case, but may include compensation for the loss of future earnings, loss of affection, loss of household support and loss of consortium among others.
Understandably, many people do not want to think about lawsuits and legal matter when they have lost someone close to them. It is important to remember though that there is a time frame within which you must initiate a wrongful death action or you will lose your right to pursue the compensation that you deserve. If your loved one supported you while they were alive, don’t you think they would want you to continue to receive support even though they are no longer with you?
If you would like any additional information or would like to schedule a free and confidential detailed evaluation of your potential California wrongful death motorcycle accident case, please contact the law offices of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.
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Monday, June 28th, 2010
California is one the most beautiful places to enjoy riding a motorcycle. Not surprisingly, there are over 1.3 million motorcycles registered in the state of California. Whether people are riding for pleasure or for the economy of riding a bike, there are certainly a lot of them riding. Despite efforts by both public and private groups to make other drivers on the road more aware of motorcycles, motorcycles continue to account for a disproportionate number of accidents each year. While bikers represent only 2.1% of all registered vehicles in California, they account for 9.4% of all traffic fatalities in the state. Each year, about 500 people are killed in the State of California in motorcycle accidents and another 10,000 are seriously injured. Sadly, those figures are going up instead of down. If you have been involved in a motorcycle accident, you may be considering hiring a lawyer to represent you. You may also be wondering how a motorcycle accident lawyer can help you in your motorcycle accident case.
While each motorcycle accident case is different, statistics tell us that there is a very good chance the accident you were involved in was not your fault. About 75% of all motorcycle accidents are caused by the other driver. In the majority of those cases, the driver of the other vehicle admits that they simply did not see the motorcycle. If the accident was not your fault, then a motorcycle accident attorney may be able to help you receive compensation that you are entitled to for the injuries that you suffered as a result of the accident. Under the California laws of negligence, if someone else was negligent (at fault) in your accident, then they must compensate you for your physical and emotional injuries that are a result of the accident. A motorcycle lawyer has years of experience handling these claims and is better able to negotiate a settlement for you. While it is true that you may be able to deal directly with the insurance company and they will likely offer you a settlement without the assistance of a lawyer, chances are that they will offer you far less than what you deserve.
Additionally, if your case does not settle – either because the other driver is not admitting negligence or because they are not offering you what your case is worth – then you will have an experienced and knowledgeable litigator at your side fighting for your rights and for the compensation that you are entitled to for the injuries you have suffered. Only a lawyer knows the ins and outs of a trial. Everyone hopes that their case can be settled quickly and efficiently without the need to go to trial, however if a trial is necessary, there is nothing like the feeling that someone is by your side and will lead the way through the process.
If you have been injured in a California motorcycle accident and would like a free and detailed evaluation of your potential motorcycle case, please contact motorcycle lawyer Emery Ledger of Ledger & Associates today for an appointment. He can be reached at 1-800-300-0001 or online at www.ledgerlaw.com
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Monday, May 31st, 2010
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
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Monday, May 31st, 2010
If 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.
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