Posts Tagged ‘accidents’

Auto Insurance Policies: The Unknown Truth

Thursday, July 22nd, 2010

By:  Valerie Bradbury, Attorney, Ledger & Associates

In this economy everyone is thinking about the bottom line. It is the same story when purchasing auto insurance. The focus is on cost: how much are my premiums going to be? Of course cost should be considered, but most people aren’t considering the cost in the long term and the real risk of purchasing the cheapest insurance policy they can find. The reality is that the majority are purchasing minimum limits policies, if they are purchasing insurance at all. Minimum limits are 15/30, that is that maximum recovery under the policy is $15,000 per person or $30,000 for all the parties involved in the accident. This is leaving many people dire situations in their time of need. Protect yourself by being well-informed about what your policy does and does not cover.

Types of coverage:

There are several different types of coverage. The typical minimum policy only has liability coverage and property damage coverage because those are the only two types of coverage required by law in California. Let’s discover the truth about the different types of coverage.

Liability

If you are at fault for an accident, then liability coverage is available to the person you hit while you were driving your car. That person could be a pedestrian, bicyclist, motorist, or motorcyclist as long as you are driving your vehicle than this coverage can be used to pay for their medical bills, pain and suffering, and lost wages.  This coverage is not available to you if you are at fault for an accident. If you are not at fault for the accident then you may be able to use the liability coverage of the person who hit you, that is, if they have insurance.

Uninsured/Underinsured Motorist

This type of coverage will come into play if you did not cause the accident and the person who hit you either did not have insurance (uninsured motorist coverage) or did not have sufficient insurance (underinsured motorist coverage), such as a minimal limits policy. It is important to consider that the incidences of convictions for Driving under the Influence have skyrocketed as people are depressed about their economic situation and turn to alcohol to forget about their reality. Another thing to consider is that when people lose their jobs they save the money they have to pay for necessities such as food and shelter while insurance payments go unpaid. These things are important to think about because the consequence is that, in this economy, there are many uninsured drivers out there. They are uninsured because they continuously get DUIs and become uninsurable or they are just not paying for insurance and it lapses, even though auto insurance is required by law. That is why it is imperative for people to purchase uninsured/underinsured motorist coverage. If the person that causes the accident does not have insurance and you do not have this coverage than there is no insurance coverage available for you to recover from to cover your medical bills, pain and suffering, and lost wages.

Property Damage

In California, in addition to liability coverage, property damage coverage is required by law. The minimum limit is $5,000. Like liability coverage, this coverage is available to the person who you are at fault for hitting with your vehicle. It pays for the damage to their vehicle.

Collision

Collision is the coverage available to you under your policy for the damage to your vehicle. This will cover the cost of the repairs or the market value of your vehicle. Many times this type of coverage will come with a deductable. If you have savings then you may want to take the risk and get a higher deductable. However, if you do not, then try to purchase coverage with without a deductable or with a low deductable. Purchasing collision coverage is also a good idea to protect yourself from the devastating effect of a hit and run or an uninsured driver. In either of these cases you would not otherwise be able to pay for the repairs to your vehicle or buy a new car.

Rental

Keeping in mind that the property damage minimal limit (which most people carry) is $5,000, rental coverage is a must. If you are in an accident and your car is a total loss but it is worth more than $5,000 and you do not have collision coverage with a limit higher than $5,000, then you are out of luck. In this case, you will not recover for the value of your vehicle that exceeds $5,000 or the cost of any rental vehicle. This becomes exceedingly important when there is more than two vehicles involved in the accident because all of the vehicles (other than the vehicle of the at fault party) must share in the $5,000 limit. In larger accidents the parties are often times rushed to the hospital and have no time or are in no condition to exchange insurance information and must be out of pocket for the rental until they can obtain the insurance information from the police report and open a claim with the at fault party’s insurance.

Uninsured Motorists and Proposition 213

If you considering taking the risk and driving uninsured, you may want to reconsider. Whether you simply did not purchase insurance or whether your policy lapsed due to a missed or a late payment, the effect is the same. If you cause an accident the person who you injured can come after you personally, or in other words, they can sue you.  Proposition 213 bars recovery for pain and suffering if you are uninsured and someone else caused an accident and injury to you. That is, you are only entitled to get your medical bills paid.

Some advice in closing: don’t drive uninsured if at all possible, purchase as many different types of coverage as are available, purchase the highest limits you can afford, and do it now because you never know when you could get in an accident. If you do get an accident, call the experts at Ledger & Associates 800-300-0001.

Proper Compensation For Your Airplane Accident Claim

Sunday, July 11th, 2010

Understandably, one of the first questions that California airplane accident lawyer Emery Ledger of Ledger & Associates gets asked by the victim of an airplane accident is “How much is my case worth?”. For those that have been injured, physically or emotionally, in an airplane accident, the question of compensation eventually becomes important. As hospital, medical and therapy bills start to add up victims begin to wonder who is responsible for them and how they will be paid. While it is impossible to place a value on an airplane accident case without specific details of the case, it is possible to explain what type of compensation you may be entitled to and under what conditions.

Before a value can be placed on your airplane accident case, a determination of negligence must be made. Negligence is basically a legal term meaning fault or blame. In order for your airplane accident case to have ANY value, someone (a person or entity) must have been negligent in the accident. Statistics tell us that as much as 75% of the time airplane accidents are caused by pilot error, mechanical failure or a combination of the two. The significance of this is that statistically speaking, there is a good chance that negligence was involved in your airplane accident. Once your airplane accident lawyer has reviewed and researched your case and made a determination of negligence, then you can begin to determine the value of your case.

Under California law, you may be entitled to both economic and non-economic damages. Economic damages are things like medical bills, hospital bills, property damage and lost wages. These bills are usually easy to calculate and provide proof of for valuation purposes. Non-economic damages, on the other hand, are much more subjective and open to debate and negotiation. Non-economic damages in the State of California can include pain and suffering, loss of use, disfigurement, disability, mental anguish, humiliation, loss of love, support and companionship and emotional distress. These damages are much more difficult to value. While they do depend to some extent on the actual physical injuries that you suffered, in airplane accidents in particular you may have suffered very serious emotional or mental damages that far exceed the physical damages that you suffered. With good reason, a victim of an airplane accident may suffer post traumatic stress disorder or a variety of other emotional injuries as a result of the accident that can affect them for the rest of their life. This is where your airplane accident lawyer comes in. It is his job to assess all of your injuries – both physical and emotional – to determine what your airplane accident case is worth. While many airplane accident cases are settled before they ever get in front of a jury, the bottom line is that your case is worth whatever you and your lawyer can convince a jury that it is worth. For that reason, selecting an experienced  airplane accident lawyer is a crucial part of determining the value of your airplane accident case.

If you would like a free detailed evaluation of your specific airplane accident case, please feel free to contact the  airplane accident firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com

Accident Case Valuation, What Is My Case Worth?

Monday, July 5th, 2010

If you have been involved in an accident you may be entitled to compensation for the injuries you sustained in the accident. Accidents come in many forms: car accidents, airplane accidents; train accidents; motorcycle accidents; pedestrian accidents and many more. Regardless of what type of accident you were involved in, if someone else was negligent, you may be entitled to compensation to cover your medical bills, lost wages, pain and suffering and other things associated with the accident.

According to California accident lawyer Emery Ledger of Ledger & Associates, accidents in the State of California are covered under the laws of negligence. Negligence is basically a legal term that means fault or blame. While the specific facts surrounding each accident will differ, the general manner in which compensation is determined is the same in each type of accident case. The first step in your accident case will be for you and your lawyer to determine who was negligent. There may be more than one person, entity or municipality that was negligent in your accident. In airplane accidents, for example, it is not uncommon to find that the pilot and the airline were both negligent. In car accident cases, there are frequently multiple vehicles involved in the accident – especially on some of California’s congested freeways!

Once you and your accident lawyer have determined who was negligent in your accident, then you must begin to assess damages. “Damages” is a legal term that is used to describe injuries. In California, you may recover economic damages as well as non-economic damages. Your accident lawyer can give you a more detailed list of each type, but basically economic damages are things like property damages, lost wages and medical bills while non-economic damages address the emotional impact of the accident. You and your lawyer will keep close tabs on your medical progress and when you get to a point where your medical providers feel that they can give you an accurate diagnosis and future prognosis, then you will begin to get an idea of what you accident case is worth. The value of your case will be a combination of economic and non-economic damages. Your economic damages are relatively easy to assess, however even those can sometimes be tricky if it appears that you will need continued treatment or will continue to suffer from the injuries well into the future. Your non-economic damages are much more subjective in nature. They will, to some extent, be dependant on the extent and severity of your physical injuries, but non-economic damages are highly case specific.

In the end, your accident case will depend greatly on the facts of your case. Understanding how compensation is computed is only the beginning of the answer to the question. Your best bet is to consult with a California accident attorney and get a detailed evaluation of your unique and individual case. If you would like to schedule a free evaluation with the California accident law firm of Ledger & Associates, please contact them at 1-800-300-0001 or through their website at www.ledgerlaw.com.

What Can I Do if I Have Lost A Loved One In A California Motorcycle Accident?

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.

How Can California Motorcycle Lawyer Help Me Win My Motorcycle Accident Case?

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

Who is responsible for My California Accident?

Monday, June 28th, 2010

If you have been involved in an accident in the State of California, you may be entitled to compensation for the injuries you sustained in the accident. Accidents come in many forms: car accidents, airplane accidents; train accidents; motorcycle accidents; pedestrian accidents and many more. Regardless of what type of accident you were involved in, if someone else was negligent, you may be entitled to compensation to cover your medical bills, lost wages, pain and suffering and other things associated with the accident. First, however, you must determine who was responsible.

According to California accident lawyer Emery Ledger of Ledger & Associates, accidents in the State of California are covered under the laws of negligence. Negligence is basically a legal term that means fault or blame. Under the laws of negligence, you must prove four basic elements in order to be entitled to compensation for your accident. The first element that you must prove is that the defendant owed a duty of care to the plaintiff. The defendant is the person that you believe is responsible for the accident. You are the plaintiff. The relationship between the two of you must have included a duty of care owed to you. This can be shown in many ways. Sometimes, the duty of care is obvious. For instance, if you were the passenger on an airplane – clearly the pilot owed you a duty to be careful flying the plane. In car accidents, the duty of care is often inferred by the simple fact that the other person was operating a vehicle on a public roadway. Each case is fact specific, but must include a duty of care owed to you.

Second, the defendant must have breached that duty of care. Again, sometimes this is obvious. If the defendant was driving while intoxicated for instance, they have clearly breached the duty of care. Other times, it is not so obvious. In the case of products that have caused injuries, it may take months or even years to determine who was responsible for breaching the duty of care, but is the product was defective then SOMEONE breached the duty. Airplane accidents can also take a substantial amount of investigating to determine the reason for the accident. Once the reason has been determined, your lawyer will have a better idea of who was responsible for breaching the duty of care.

The third element necessary for a negligence claim is that the defendant’s breach caused your injuries. The last element is that you show damages. “Damages” is the legal terms used to describe injuries. Damages can refer to property damages as well as physical and emotional injuries.

Once all four of these elements have been met, you and your lawyer are ready to file a personal injury accident lawsuit and recover the compensation that you are entitled to for the injuries that you suffered. If you have been injured in a California accident, then the responsible party is required to compensate you under the laws of negligence in the State of California.

For more information, or to schedule a free detailed evaluation of you accident case, please contact accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.

Helicopter Accident Lawyer Discusses Helicopter Accidents

Sunday, June 27th, 2010

With the increase in the number of vehicles on the roadways and the increasing need to get from one place to another in a hurry, helicopters have become a popular mode of transportation. A busy executive can get from one side of Los Angeles to the other in just minutes versus a two hour commute on the interstate. In addition, pleasure rides on helicopters have become a fun and unique way to see the coastline or the vineyards of Napa Valley in California. Unfortunately, with the increase in helicopter travel, has come an increase in helicopter accidents.

Helicopters are complex machines that can operate where no other type of aviation machine can. With the exception of super high tech military aircraft, helicopters are the only aircraft that can fly vertically. This makes them invaluable in the confines of a large city. Only a helicopter can take off and land off of the top of a high rise on downtown Los Angeles. Additionally, making room for a private helicopter pad on your property requires far less room than a private runway for even the smallest airplane. It is no wonder that we have seen an increase in helicopter travel. Sadly, when a helicopter crashes, the consequences can be tragic – even fatal.

Due to the complex nature of these incredible machines, they require an expert pilot to operate them and a regular maintenance schedule to find any potential mechanical issues that could lead to an accident. Statistics tell us that the accident rate for helicopter travel is as much as 30% higher than that for general aviation accidents. However, as in general aviation accidents, the most common cause of helicopter accidents is pilot or human error. Mechanical failure comes in as the second most common cause for helicopter accidents. Weather can play a more critical part in helicopter accidents than it does in general aviation accidents as helicopters are more susceptible to weather issues than a large airplane. Where a commercial jet may not be affected by strong winds, a helicopter can lose control fast resulting in an accident.

When a helicopter accident happens, the results can be life altering for the victims and their families. If you have been the victim of a California airplane accident, you may have legal options. Under the laws of the State of California, helicopter accidents are considered a type of personal injury and as such the victims may be entitled to compensation for their injuries. If the pilot, the manufacturer of the helicopter or the owner of the helicopter were at fault – in whole or in part – then you may have a valid California helicopter accident case. If someone was negligent and that negligence caused or contributed to the accident, you may be entitled to compensation for your hospital and medical bills, lost time from work, property damage and pain and suffering.

To find out whether you have a valid California helicopter accident case, contact California helicopter accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.