Archive for the ‘Pedestiran Accident Attorney’ Category
USC Student Hit by GMC Safari Van and Critically Injured
Friday, November 25th, 2011Pedestrian Struck Near Orange Coast College Campus
Saturday, November 12th, 2011A pedestrian often has the right of way as against a motor vehicle or bicycle. However, pedestrians have a strict duty to conduct themselves reasonably under any circumstances. When walking on busy streets, pedestrians must constantly maintain a sense of safety and prudence to avoid injuries and possible fatalities. While true that cars must yield to pedestrians in every situation, there are quite a few instances when motorists do not see a pedestrian, or the pedestrian does not see the oncoming car, and a collision ensues.
Jaywalking is a crime in most California jurisdictions. Jaywalking is a misdemeanor minor offense punishable by a fine. A person is guilty of jaywalking when they cross the street in an area not designated for pedestrian crossings. The purpose of jaywalking laws is to protect pedestrians from motor vehicles and injury from being hit. Pedestrians are required to cross streets only in designated areas and in adherence to crosswalk signs.
Disobeying jaywalking laws will not necessarily preclude a pedestrian from recovering in a personal injury claim, it can significant reduce his damages amount due to California’s pure comparative negligence statute.
In a tragic occurrence, a woman was struck and critically injured late Wednesday night when she crossed a busy street outside of designated pedestrian areas. The woman, who appeared to be in her mid-20′s, was crossing Adams Avenue when she was struck. The driver was proceeding through a green light and obeying all traffic laws when she suddenly came upon the pedestrian. Not having enough time to stop, the driver was without choice and hit the pedestrian in the street.
The driver was questioned and released without a traffic charge.
The victim was immediately transported to Western Medical Center-Santa Ana where she remains in critical condition. The victim reportedly suffered head trauma and internal injuries.
Costa Mesa police are continuing to investigate the incident.
Seeking a claim for injuries sustained as a consequence of another’s negligence?
Thursday, November 10th, 2011While 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, 2011While 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 Lawyer Discusses School Bus Accidents
Wednesday, October 12th, 2011Children who ride on school buses are approximately seven times safer than those traveling in passenger cars or light trucks.
However, most parents understandably worry whether their children are safe when the travel on school buses. There are usually no seat belts unless they are the smaller buses such as one that overturned today in Dixon. Five adult students were injured when the school bus they were riding in overturned after it struck a farm tractor. Fortunately the student’s injuries were minor because they were wearing seatbelts at the time of the accident.
So why aren’t all school buses required to have seat belts in them like the one in the Dixon accident? That’s because large school buses over 10,000 pounds are able to absorb the force of a crash differently than a typical passenger car or light truck. Smaller buses are required to have seat belts for this reason. Bigger school buses protect passengers by compartmentalizing them with “strong, closely-spaced seats” that absorb energy in the seat backs.
Across the nation, roughly 450,000 public school buses transport more than 23 million students racking up more than 4 billion miles on the roads, NHTSA reports.
Riding on a school bus is actually one of the safest ways our children can travel on the road in the United States, according to statistics provided by the National Highway Transportation Safety Administration.
Although roughly 42,000 people are killed in traffic collisions annually across the country only six school-aged children reportedly die as passengers in school bus accidents and 17 were killed as pedestrians hit by the bus or by those passing the bus where students are boarding or leaving.
Hopefully your child is never involved in a bus accident or a car accident, but if it does happen to you and someone else is at fault you should contact an expert in the legal field immediately. A car accident lawyer who specializes in bus accidents can help you recover losses for medical bills, wages and pain and suffering.
Newport Beach-based Ledger & Associates has a team of experienced car accident lawyers who can assist you in investigating the accident.
Call for a free consultation with a car accident lawyer at Ledger & Associates today at 1-800-300-0001.
Car Accident Lawyer Discusses Actions Against Government Entities
Wednesday, October 12th, 2011So you’ve been hurt in an accident and you believe that the government is responsible for your injuries. Perhaps your car was hit by a government employee or truck? Maybe you tripped and fell on debris left behind by county workers on the street. Perhaps the state is responsible for maintaining a public area, but neglect created a hazard that caused your injury?
One example of a case involving city-owned property that could involve maintenance issues took place about a month ago in Costa Mesa. A 29-year-old Tustin woman was killed while she was waiting in her car at a stoplight. A massive Eucalyptus tree crushed the woman inside her car as emergency workers struggled to pry her loose. The incident took place in Costa Mesa, but the 70-foot-tree was on public property and being maintained by the city of Newport Beach.
What can you do after an accident such as this? Can you file a lawsuit? Not so fast. The first thing you must do is ask permission to sue government entities. Government entities are considered immune to liability and lawsuits and therefore they can’t be sued without first giving permission to someone to sue them. Without this permission you cannot sue the government and they will not be required to compensate you for injuries.
There are specific rules that must be followed if you are filing a claim against the government whether it’s state, federal or local entities. This also includes employees of public entities. As with all lawsuits, there are statutes of limitations which are essentially deadlines that must be met in order to make a claim. Some claims must be filed within 60 days after you have been injured so it’s important that you contact a personal injury lawyer immediately after you have been involved in an accident so there is time to investigate the case.
The rules outlining how to file a claim are contained in “Tort Claims Acts” enacted by the federal, state and local governments. These rules must be followed in order to make a claim against any of these agencies. Accidents involving government agencies can be difficult, but a car accident lawyer such as those at Ledger & Associates has experience dealing with governments at many levels.
If you are involved in any type of accident involving a government entity you will need expert legal help to determine whether you have a case against the public entity. First you must let the government know that you are hurt by filing a claim against them. Next, if your claim is denied as most of them are initially, a car accident lawyer will need to file a lawsuit against the government.
Sometimes there are several different parties that are at fault in an accident and each of them will need to be served in a lawsuit. The best way to get the help you need is to call an expert car accident lawyer to investigate your case.
Call for a free consultation with a car accident lawyer today at Ledger & Associates in Newport Beach, 1-800-300-0001.
Pedal Misappropriation Can Be Deadly — Car Accident Lawyer Says
Wednesday, October 12th, 2011Drivers hitting the gas pedal by mistake instead of the brake can cause some pretty deadly accidents especially if they are anywhere near pedestrians, shoppers or other motorists. In fact, some recent cases of “pedal misappropriation,” as it is called, took place recently here in Orange County, but fortunately no one was serious injured.
Yesterday police reported that a 76-year-old Huntington Beach woman attempting to park her Infiniti instead drove the car into a vacant building near Main Place Mall. The woman, who was uninjured in the car accident, allegedly stepped on the gas pedal instead of the brake.
Last month, an 85-year-old woman was parking in the handicapped parking space in front of Rock N’ Road Cyclery in Mission Viejo. She reportedly hit the accelerator instead of the brake pedal and drove her Cadillac Deville through the bicycle store filled with shoppers at about 35 mph, police said. Fortunately no one was injured, but surveillance video shows several shoppers scrambling to duck out of the way. One couple came within inches of being hit by the speeding car. The incident caused thousands of dollars in damages to the store, but fortunately no one was seriously injured or killed.
While pedal misappropriation can happen to just about anyone, most cases usually involve older drivers whose reaction times are slower than younger drivers. These older drivers often have weaker legs and foot problems that can also hinder driving capabilities. Typically, pedal error can lead to more deadly consequences as were reported in these other cases below.
About a year ago in San Diego, a 91-year-old man was killed after he hit the gas pedal by accident and drove his Chevrolet pickup truck over a cliff at Cabrillo National Monument Park.
Also, a 40-year-old man suffered serious injuries after being run over at Costco in San Diego by an 86-year-old driver who accidentally hit the gas pedal.
The worst case of pedal misappropriation killed 10 people and injured 63 people in Santa Monica back in 2003 when an 86-year-old driver drove his car at 60 mph through a crowded farmer’s market.
“These are deadly accidents where many times people encounter serious injuries or are killed by cars speeding into them,” said Emery Ledger, a car accident lawyer at Ledger & Associates.
Newport Beach-based Ledger & Associates can help you if you are injured by another driver in a car accident and you need medical attention. It’s important that you have an expert car accident lawyer guide you through the legal process so you can get the compensation you need to pay medical bills, reimburse for lost wages and pain and suffering.
Call today at 1-800-300-0001 to speak with a car accident lawyer at Ledger & Associates.

