Posts Tagged ‘automobile accident’

Uninsured Motorized Motorists and Prop 213

Sunday, July 25th, 2010

Many people are taking the risk of driving uninsured these days so now might be a good time to analyze the risk versus reward of driving without insurance. A good place to start is to examine the reasons that people are doing this. The biggest reason is likely cost. Insurance premiums cost money and a lot of people don’t have that much extra cash these days so they stop paying. Your insurance policy lapses when you stop paying your premium. There is usually a grace period, however, there is not always one and the time periods are different so this is not a guarantee. There are also people who try to take advantage of the grace period. They send their payment late but still within the grace period each month therefore prolonging their payment. This is not a good idea because the insurance companies know that people do this and they look out for it. You may miss the time period by a day due to mail or whatever the reason may be and be driving uninsured and not even know it.

Another reason that people drive uninsured is that they think the probability that driving uninsured will have any effect on them is small. However, automobile accidents are on the rise as there are more and more drivers on the road and more and more incidences of drunk driving. There are more drivers on the road because our population is increasing quickly. There are more drunk drivers on the road today because of the state of the economy.  People want to forget about their financial problems so they numb themselves with alcohol. Of course, people don’t make the best judges in such a state and so they make wrong choices: they get in a car and drive home instead of taking a cab or calling a friend to come and pick them up.

We could go on and on about the various reasons people drive without insurance but the fact of the matter is it is extremely risky and the potential effect that it could have on them is not worth the risk. If you are still thinking about driving uninsured I urge you to reconsider. You could be sued personally for all the medical bills, pain and suffering, property damage, and lost wages. This might not sound like much but let’s consider the cost of the average medical bills for a minor car accident.

Ambulance       $1,500

ER Visit          $5,000

Therapy           $5,000

M.D. Visit       $1,500

TOTAL           $13,00

Of course, that is just for the medical bills, you will be paying for a lot more than that.

Proposition 213

If you are driving without insurance and you are hit by someone else you should not be under the belief that you have just hit the lottery.  Proposition 213 was enacted to prevent uninsured drivers from profiting from an accident when someone else is at fault. It is meant to deter people from driving without insurance. The problem is that most people don’t know about it or have forgotten about it. In such cases you will only be able to get your medical bills paid and possibly recover for your lost wages. This is yet another reason to drive with insurance. Please drive safe and drive with insurance for all the right reasons.

Time is Ticking – Beat the Clock and Consult a Car Accident Lawyer

Wednesday, June 23rd, 2010

Right after a car accident, the only thing you are thinking is: am I still alive? Do I have injuries? Where am I? These questions are very common for a person to ask themselves right after a traumatic vehicle collision.

The protocol in a car accident can vary depending on the severity of the crash. However, it is important to exchange information with the other driver or individual(s) involved. Then, depending on the amount of damages done to property or vehicles, there must be a report filed with the Department of Motor Vehicles (DMV). This is known as the SR 1 form. The SR 1 must be filled out within 10 days of the accident if there is at least $750 worth of damages, bodily injuries or deaths as a result of the car accident. The SR 1 form can be completed out by insurance adjusters as well as legal representatives of the driver(s) involved. California car accident lawyer Emery Ledger of Ledger & Associates recommends contacting a lawyer as soon as possible to ensure that you properly adhere to California or state wide rules for personal injury or automobile accidents.

It is extremely crucial to consult an attorney quickly after a car accident. The attorney can facilitate in the SR-1 accident report, which is, many times, a mandatory first step. If an SR-1 accident report is not filed, there is no legal verification of the parties involved in the accident. More so, the SR 1 is able to confirm proper insurance on drivers and their specific coverage details. If you got into a car accident with an uninsured or underinsured driver, the SR-1 is also a way for the other party to be penalized and filing a claim can ensure proper monetary compensation for damages. There can also be steep repercussions for not filing a report that

Moreover, contacting a car accident attorney quickly can help you to deal with insurance companies who would seek to delay, minimize, or deny your case. Insurance adjusters may try to convince you to settle with an amount that would only minimally cover damages and leave you paying out-of-pocket expenses for injuries or damages that may not have been your fault.

Therefore, regardless of the initial severity that may seem to be associated with the collision, it is always best to consult with a car accident attorney in regards to the incident. This way, there can be a comprehensive review of the accident so that you may receive the full and rightful compensation for damages done to the vehicle or yourself.

Lastly, there are strict time constraints governed by statutes of limitation.  Be especially careful in this area when dealing with government entities.  Call our office to learn more.

We understand that being in a car accident is stressful and often times a challenging experience. We want to relieve all your stress related to the legalities of your case. If you would like to consult a personal injury lawyer regarding your case please contact a professional car accident lawyer from the Offices of Ledger & Associates for more information. Please give us a call at 1-800-300-0001 or visit the website at www.ledgerlaw.com.

Pedestrians Hit By An Uninsured Motorists May Still Have a Claim

Friday, June 18th, 2010

One in every four drivers in California is uninsured. On top of that, California experiences the highest number of automobile accidents every year. Therefore, almost 25% of all car accidents in California involve an uninsured motorist, an even higher percentage of car accidents account for underinsured motorists. Furthermore, in 2009 alone, over 70,000 pedestrians were injured in a motor vehicle accident. By combining these two statistics, it is almost inevitable that at one point or another, a pedestrian can be seriously injured or killed by an uninsured motorist. However, even if you are in this situation, you may be able to make a claim under your auto policy even if the accident has nothing to do with your own vehicle.

Auto insurance companies often try to defer as much responsibility in car accidents, leaving innocent individuals paying for many of their expenses out of pocket. However, if you have uninsured motorist coverage, then even as a pedestrian, you may recover full monetary expenses if the driver was at fault in the accident. Uninsured motorist coverage (UM) can be overlooked by some insurance companies, and often times, very complicated to deal with. Therefore, a car accident lawyer with knowledge in the subject can provide you with the help you need to make a claim against your insurance to recover damages as a pedestrian.

Uninsured motorist bodily injury (UM) covers you, the insured member, for bodily/personal injuries, damages, or death caused by an at-fault uninsured or hit-and-run driver. Often times, pedestrians become victims in serious car accidents which leave them dealing with severe physical injuries, and sometimes permanent disfiguration or even wrongful being killed. However, an experienced car accident attorney can help you negotiate the fairest settlements given the circumstances if your auto insurance includes UM coverage. Simply stated, uninsured motorist coverage allows a person who is injured by the negligence of an uninsured driver to recover monetary compensation under their own insurance policy (as well as with respective health care plans).

With underinsured motorists, if the driver at fault is underinsured, then coverage typically pays any difference between what the driver’s insurance covers and what your bodily injury coverage will pay. However, if the limits you purchase with UM or UNDUM coverage is lower than an accident’s costs, you’ll be responsible for paying the amounts of your limit, unless covered by health insurance.

Many times, monetary damages may have to cover medical bills, wage loss, future physical therapy, and other unforeseen costs as a result of the accident.

If you are a pedestrian who has been in involved in an accident with a car, for any additional information or questions regarding uninsured motorists or insurance coverage, please contact California car accident lawyer Emery Ledger of Ledger & Associates. Please call 1-800-300-0001 or visit his website at www.ledgerlaw.com.

California Attorney Discusses the Difference Between a Survivor Action and a Wrongful Death Action

Tuesday, May 18th, 2010

If you have lost a loved one through the negligence or other intentional wrongful act of a person or persons, then you may be entitled to file a wrongful death or survivor action in the State of California. So what are these two types of actions and how are they different?

A wrongful death action is governed by California Code of Civil Procedure Section 377.60 and is filed by one, or more, of the heirs of the decedent. The heirs that are qualified to file are generally close family members such as spouse, children, parents or heirs of those family members. The theory behind a wrongful death action is that the heirs have the right to file for compensation for the future support that they would have received from the decedent had he lived. They may also recover for non-economic losses such as loss of companionship, support and consortium. While these are called “non-economic” losses, they are compensated in monetary terms. The computation of damages in a wrongful death action is very complicated and must take into account numerous factors such as the earning capacity of the decedent at the time of death, future earning capacity, age and health at time of death and contribution to the support of the household. What are NOT taken into account in a wrongful death action are any damages suffered by the decedent prior to his actual death. In other words, if the decedent did not die immediately, any damages that the decedent suffered are not compensable in a wrongful death lawsuit. Additionally, punitive damages cannot be awarded in a wrongful death lawsuit.

A survivor action is governed by California Code of Civil Procedure Section 377.30 and is filed in the name of the deceased by a living representative. Any compensation won in a survivor action is then paid to the heirs of the decedent through the decedent’s estate. A survivor action is intended to compensate the decedent for damages suffered by the decedent before death. In other words, if the decedent was in an automobile accident and was not killed immediately on impact, then any time that the decedent lived from the moment of impact until death is compensable. The time of survival can be only seconds or months in theory. The important issue in a survivor action is whether the decedent survived for ANY period of time after the incident or accident that gave rise to the death happened. Damages in a survivor action are limited to damages actually suffered by the decedent such as medical bills prior to death; however punitive damages can potentially be awarded in a survivor action if it can be proven that the Defendant’s conduct was willful, wanton, reckless or malicious. This is a significant difference between a wrongful death action and a survivor action.

If you have suffered the loss of someone close to you and would like additional information on your legal options, please feel free to contact the California law firm of Ledger & Associates for an appointment with attorney Emery Ledger. The lawyers at Ledger & Associates have been fighting for victims and their rights for over a decade and would be happy to sit down with you for a free and confidential detailed evaluation of your case. They can be reached at 1-800-300-0001 or online at www.ledgerlaw.com

California Aviation Accident Attorney Discusses the Safety of Different Types of Airplanes

Wednesday, May 5th, 2010

In the last century, since the Wright Brothers took that first flight back in 1903, the advancements in aviation have been nothing short of incredible. Today, on any given day there are over 87,000 flights scheduled in the skies over the United States. Many experts claim that flying is far safer than any other form of transportation. That may, however depend on what type of plane you are flying in or even what airline you are flying with. When most of us think of flying, we envision the large jumbo jets that are the mainstay of all the commercial airlines. The truth, however, is that of all the airplanes flying overhead in any given day, only about one-third of them are large commercial airplanes. The other two-thirds are made up of private airplanes, commuter airplanes, for-hire airplanes (charter flights), military airplanes and cargo planes. Statistics tell us that almost 50% of all flights in the skies on any given day are either private, commuter or for-hire flights. So are these flights as safe as the large commercial jets?

Experts debate the formulas used to determine the risk of being killed in a plane crash, but the most common statistics tell us that you chances of being killed in a plane crash are someone around 1 in 10 million. Those sounds like pretty good odds considering the odds of being killed in an automobile accident are somewhere around 1 in 15,000. This makes flying sound considerably safer than driving. What those statistics don’t discuss in any detail is what a difference the type of plane, or even the airline, can make in determining those odds. Those odds are also based on your chances of dying in a single flight. The more you fly, the better your odds are of being killed in a plane crash so the frequency of flight is also relevant.

Studies show us that flying on a large commercial airplane is by far the safest form of flying. Fatalities per million flight hours on large commercial airliners as a whole are at 4.03. Compare that figure to fatalities per million flight hours on commuter airlines – 10.74 and fatalities per million flight hours on air taxis/on demand flights – 12.24. The deadliest form of flight is by private airplane with a fatality per million flight hours of 22.43. Clearly, your safest option is to stick to the large commercial airlines according to these statistics. Furthermore, it pays to do your research regarding safety records of the airlines. Your odds of being killed on a single flight on one of the top 25 airlines with the best safety and accident rates is just under 1 in 10 million. Those odds drop to 1 in about 850,000 when you fly on one of the airlines in the bottom 25 for accident rates.

If you have been involved in an aviation accident or have lost a loved one due to an aviation accident, you may be entitled to compensation for the injuries you have suffered or for the pain caused by the loss of your loved one. Time is an important factor in aviation accident cases so the best thing you can do is consult with an experienced California aviation accident attorney as soon as possible. California aviation attorney Emery Ledger has over 12 years of experience helping victims of aviation accidents and their families. If you would like a free detailed evaluation of your aviation accident case, please contact his firm, Ledger & Associates, at 1-800-300-0001 or online at www.ledgerlaw.com.

Toyota Recall: Last Words from a Family Killed in a Lexus Accident

Saturday, May 1st, 2010

The last moments of a family killed in an automobile accident that was apparently caused by a faulty accelerator on a Toyota vehicle have been made public as lawyers challenge Toyota’s safety record. Recently, four members of a family died in a Lexus that they had hired that had allegedly accelerated wildly out of control.

A California highway patrolman, who was off duty at the time died along with his wife and sister in law when they were involved in an accident in a Toyota that was about to be subject to a recall.

In a 911 emergency call that was made from the automobile just before the accident, the wife of the patrolman can be heard saying: We’re in a Lexus and our accelerator is stuck and we’re in trouble. There are no brakes and we’re approaching the intersection. Hold on, hold on and pray, pray.

A lawyer who is acting on behalf of the husband of the sister in law reported that the Lexus, which is Toyota’s luxury brand which up until then had not been recalled, said that the Toyota had been borrowed by the family while their own automobile was being repaired. The same automobile had been loaned to another person three days earlier. They brought it back and complained about the accelerator getting stuck.

He questioned Toyota’s claim that it had found a durable and simple fix for the problems that have resulted in 19 deaths and thousands of accidents.

US dealers will begin repairs on 2,300,000 automobiles by inserting a stainless steel bar under the accelerator pedal to prevent it from sticking. The company will also replace pedals in another 5,000,000 automobiles that have floor mats that can trap the accelerator.

Toyota is trying to limit the dramatic sales slump as a result of the recall of millions of its automobiles around the world. However, some lawyers think that the accidents may have been the result of problems that are not related to either the pedal or the floor mats, which are the only 2 causes that have been identified thus far by Toyota. They suggest there may be problems with Toyota’s electronics, which is a claim that the automobile manufacturer has categorically denied.

The automobile used by the Patrolman and his family was a 2009 Lexus ES350 that wasn’t covered by Toyota’s recall of the pedal but that has been associated with the problem with the floor mats.

The sheriff’s report said the mat was a factor but it was not able to rule out an electronic malfunction the lawyer said. Toyota has continued to claim that there’s no evidence to support a contention that there was an electronic problem, however, they also said there were no other problems when they issued the floor mat recall and they have taken that back.

Lawyers say Toyota may also be held liable for prosecution in the British court system if it can be proven that the company did not act quickly enough to recall the defective automobiles that had the faulty parts. A law firm in Britain is currently involved with 2 cases of individuals who say that the accelerator pedal failure in a Toyota resulted in, one case which resulted in a financial loss caused by the inability to use an automobile and another in a head injury.

These cases involve Toyota’s bestselling models in Britain, the Yaris, and the RAV4, a 4-wheel drive vehicle. The Toyota Company has not yet confirmed how many automobiles are affected in Britain but are recalling 1,800,000 automobiles in Europe across eight models: The Aygo, the iQ, the Verso, the Corolla, the British made Avensis and Auris, the Yaris, and the RAV4.

Almost 100,000 Citroen C1 and Peugeot 107 models that are manufactured at the same factory where the Toyota Aygo is made are also being recalled. The manufacturer has admitted it may have 2 incidents that involve accelerator pedals that are defective.

Toyota has said that it had knowledge of 26 incidents that involve pedals that are defective in Europe. The company had reports of incidents with accelerator pedals, however, the incidents of accelerator pedals that were sticking were treated like a quality issue rather than a safety issue. Its recall in Europe came last week following a renewed number of incidents.

Toyota has also admitted knowledge of a part in the pedal mechanism as being a potential problem. In a statement it said that the engineers have developed and rigorously tested a solution which involves the reinforcement of the pedal assembly to eliminate the potential risk of excess friction that could, in some cases result in the pedal sticking. They claim that the first shipments of parts required for this fix the problem will begin soon be arriving in Europe.

The US Government is considering imposing a civil penalty on Toyota, an official at the National Highway Traffic Safety Administration reported.

One lawyer is representing California woman whose wife was killed after the Toyota Camry the woman was driving accelerated and then plummeted over a cliff.

Lawyers are also filing lawsuits for Toyota owners who are too scared to drive their automobiles. One lawyer said that he has been contacted by hundreds of these people. Therefore, if you or a loved one has been killed or injured in an automobile accident involving a Toyota that was subject to recall, you really do need a good personal injury lawyer looking out for your interests. Contact Emery Ledger at Ledger and Associates at 1-800-300-0001 or at Ledgerlaw.com to learn your rights as a victim and how we can help you get financial compensation for your accident.

Kern County Car Accident Attorney Talks about Accident Causes

Tuesday, April 13th, 2010

Unfortunately, car accidents happen every minute of every day across the United States. In Kern County alone, for the year 2008 there were 3,460 injury accidents and one hundred and three deaths as a result of vehicular accidents, according the California Highway Patrol. While roadway conditions and defective parts can be the cause of an automobile accident, the vast majority of accidents are caused by human error, says Kern County car accident attorney Emery Ledger of Ledger & Associates. So what are the most common errors committed by drivers?

By far the most common cause of vehicular accidents is the use of handheld devices. Despite a California ban on the use of handheld devices while driving, many drivers continue to use them, according to Kern County car accident attorney Emery Ledger. Whether someone is talking on a cellular phone, texting or checking for directions, the time they spend on the device takes away from their attention to the roadway. Those few seconds can mean the difference between avoiding a collision and having one. Studies tell us that we have only about two seconds to recognize a potential accident and react to it to avoid the collision. If we are distracted by our handheld device, then we have lost the opportunity to react to the threat.

Another major contributor to car accidents in Kern County is drowsy driving. People simply do not recognize when they are too tired to be on the road. With people working more hours and commuting farther to work, the chance of becoming drowsy behind the wheel continues to rise. Sadly, most people do not even realize that they are falling asleep until it is too late and they have been involved in a collision. Additionally, both over the counter and prescription medications can contribute to drowsiness while driving. Sometimes people take medication without realizing how it will affect them with tragic results.

Distracted driving in general is another leading cause of car accidents, according to Kern County car accident attorney Emery Ledger of Ledger & Associates. Aside from handheld use, drivers can become distracted for a number of other reasons. Talking to passengers in the car, changing the radio station, looking at another accident and eating are just a few of the examples of distracted driving. All of these activities can cause the driver to taker his eyes off the road and can potentially be the cause of an accident.

All of the above accident causes are examples of negligent driving. If you have been involved in an accident and believe that the other driver was at fault – or negligent – then you may be entitled to recover compensation for any injuries that you sustained in the accident. Consult with an experienced Kern County car accident attorney to see what your legal options are. Emery Ledger of Ledger & Associates has been practicing car accident litigation for over twelve years in Kern County and would be happy to give you a free detailed evaluation of your case. Contact him at his office at 1-800-300-0001 or visit him online at www.ldedgerlaw.com