Posts Tagged ‘car accident’

Auto accidents: Pitfalls to Handling Your Own Case

Tuesday, July 27th, 2010

If you have just been involved in a car accident you have many decisions to make but the most important one could be whether to hire an attorney. This article will discuss some of the common pitfalls to handling a case on your own. The problem is that the general public has no knowledge of many of the issues involved in their cases and could miss something that could be pertinent.

Public Entities

It is fundamental to know who the defendant is immediately. If the person who hit you was working for the government or paid by the government then a public entity could be involved. If the defendant is a public entity then you only have six months to file your claim with the entity. There are additional time and other rules that apply. For purposes of this discussion, if you fail to file your claim with the government/public entity within the six month period from the date of the accident you could lose all your rights to any recovery.

Health Insurance Companies

If you have health insurance and they have paid for some or all of the medical treatment that you have received for injuries that you sustained due to the accident then they may have a right to recovery from your settlement proceeds. You may want to take a closer look at your health insurance policy to see what their requirements are because sometimes they have to assert notice of their lien (or right to recovery). “Notice” is a legal term which usually means that they must give notice by complying with the applicable notice requirements.

Med Pay

Med Pay, in California, is almost without exception “excess reimbursable.” This means that you can only use it if your health insurance company (if you have one) does not cover the particular medical treatment. Med pay is coverage on your auto insurance policy. If you don’t know what it is then chances are that you don’t have it. It is something to consider purchasing, especially if you don’t have health insurance. People can run into problems with both the “excess” and “reimbursable” issues. It can be hard to show that your health insurance company does not cover the treatment or show that it is “excess” because you are dealing with such large corporations which are not easily accessible to the average consumer.  Most people don’t realize that their med pay coverage is reimbursable, however, in most cases you have to pay this money back to your auto insurance company because they have a right to reimbursement. There can be ways of either reducing the amount of reimbursement or getting around having to reimburse them altogether.

Medi-Cal and Medicare

There may be statutory liens on any recovery that you may have received. This means that companies such as Medi-cal and Medicare could have a right to recover the money they paid out for medical bills for treatment your received that was related to the accident by law.

In closing, there are clearly many issues that could come into play. You may want to consult an car accident attorney rather than trying to handle your case by yourself.

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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.

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WHAT YOU DON’T KNOW CAN HURT YOU: WAYS YOU MAY BE DAMAGING YOUR PERSONAL INJURY CASE

Friday, July 23rd, 2010

So you’ve been in a car accident, slipped and fell at the mall, tripped over a broken sidewalk or had another unpleasant thing happen to you? Here is a list of things you may not have considered before that are extremely important to your case:

Contact an Attorney Immediately

You may be an excellent teacher, construction worker, homemaker, hair stylist or accountant, but you’re not an attorney. You wouldn’t perform an appendectomy on yourself, so why would you take on an insurance company alone? Personal injury attorneys are trained in the art of negotiation. It’s what we do all day, every day. By attempting to handle your personal injury claim yourself, you may be doing more harm than good. Unfortunately, by the time you realize that you do, in fact, need help, it may be too late. There is a small window of time following an incident in which your attorney can preserve evidence, file a claim, identify the responsible party, etc.

Follow Your Doctor’s Advice

If your doctor recommends that you receive treatment 5 days a week, you need to receive treatment 5 days a week. We’re all busy and have a million other things we’d rather do than visit the doctor, but it’s imperative that you treat regularly and according to your doctor’s orders. There are two reasons regular treatment is so important. First, you will start to feel better that much sooner. Your doctor has created a treatment plan just for you. He or she knows the best way to get you back on your feet and back to living your life. Second, the quality and quantity of your treatments directly impacts the settlement offers you will receive. If the insurance company finds out that you missed appointments or failed to treat as often as your doctor recommended, they will automatically assume that your injuries are not as serious as you claim and offer a small settlement, or even refuse your claim altogether. Your attorney’s negotiating power is drastically diminished when your treatments are sporadic.

Be Completely Honest

We all have skeletons in our closet that we’d prefer didn’t come to light. Keeping secrets from your attorney, however, can cause irreparable damage to your personal injury case. If you were uninsured at the time of the accident, tell your attorney. If you were wearing sky-high stilettos when you fell, tell your attorney. If you have a criminal record, tell your attorney. He will not judge you. He will not scold you. He will tailor the case so that your interests are protected and your life normalized.

Have Realistic Expectations

Your attorney is going to do everything in their power to get your medical expenses paid and put some money in your pocket. His goal is not, however, to pay for your European vacation or buy you a new house. A settlement is not going to put you in a position where you never have to work again; it is going to make it so that you can work again.

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What To Do After a Hit and Run Car Accident?

Friday, July 9th, 2010

Over 6 million car accidents take place in the United States each year and approximately 11% of all motor vehicle accidents are hit and run car accidents. Recent studies show that up to 700,000 car accident cases each year are a result of hit and run incidents. Over the past decade, hit and run accidents have actually decreased on average (statistics reported by the National Highway Traffic Safety Administration), however, in California, the hit and run rates have increased in the past decade. In order to make sure you do not become a victim of a hit and run accident, immediately consult a California car accident attorney who can help you through this process and find those at fault and hold them responsible for damages.

A hit and run is defined as a motor vehicle accident where the at-fault party “runs” after the incident. This means that the at fault party does not exchange any insurance or contact information, making it impossible to track them down and hold them liable for any damages that may have occurred. The worse kind of hit and run occurs when an innocent driver, passenger, or pedestrian is killed as a result of another driver’s negligent behavior. The federal law requires the at-fault driver to leave all contact information (usually on the windshield) for the affected driver and/or car if there were no witnesses at the scene. Before you think about running from the site of an accident, just remember that hit and runs can be charged with civil and criminal penalties. Other than paying for damages done to the other party, you may be faced with additional fines, jail time, and suspension of your drivers license among various other punishments that may be far worse than dealing with the car accident when it happens.

Car accident lawyer Emery Ledger has many years of experience with personal injury cases and car accidents, and many people do find themselves in a difficult situation, left with either bodily injuries and/or property damage as a result of another driver. The most important thing after a hit and run is to receive all proper medical treatments. Then, contact the nearest police department and request for a report to be filed. If you can recollect a description of the driver, vehicle, and/or license plate this can all be used to help the police and attorneys find the driver(s) responsible for the damage.

Many times, drivers find that their insurance plans do not cover hit and run accidents, therefore if you are offered the option to include this in your coverage, it is always safe to do so. However, it is also important to contact an experienced car accident attorney right away following the hit and run. Insurance companies are trained to keep as much money within the company and you may need an attorney to fight for you.

If you or a loved one has been involved in a hit and run car accident, please contact the Law Offices of Ledger & Associates. We have experienced attorneys who can give you a free consultation. Please call (800) 300-0001 or visit the website at www.Ledgerlaw.com

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Three Areas to Watch For to Avoid a Car Accident

Wednesday, July 7th, 2010

The high-flying action and thrilling chase scenes that we so avidly engross ourselves in masterful productions of various Hollywood studios often reveal reckless driving and unsafe roadway behaviors. Often, it seems inevitable that scenes like these would cause accidents on the freeways as drivers may not have enough time to respond to the oncoming set of circumstances in an unsafe environment. Ironically though, the most common places that the majority of day-to-day accidents do not take place on the freeway. In fact, the majority of car accidents take place in very unsuspecting areas…

Recent studies have compiled data that conclude 52% of all car accidents happen within 5 miles of your home. This staggering number reveals that drivers, who travel to and from home on average of 2-3 times a day, are very comfortable with their neighborhood and often let their guard down as they near their residences. As a result, more than half of all motor vehicle accidents occur when drivers are near, or around their homes. Although all vehicle collisions are serious, residential car collisions could not only injure the drivers and/or passenger(s), but also hit small children or pedestrians who may have been near the site of the accident right before it happened. California car accident attorney Emery Ledger has dealt with thousands of car accident cases and knows how complicated the matter can amount to. In this instance, it is best to immediately contact an attorney who is experienced in car accident and traffic accident cases to protect you from unknown legalities while helping you to recover the most for any damages.

The second most common area for car accidents is parking lots. It is not uncommon for two cars to be backing out of oppositely positioned parking spots, or for a speeding car to swerve around a corner and hit an oncoming vehicle. These are all familiar situations that could be avoided if there were safer precautions taken by all drivers. Fortunately, parking lot car accidents usually occur at low impacted speeds, minimizing bodily and property damages; however, drivers usually sustain soft tissue injuries. Regardless of how, when, or where the accident may have occurred, it is always safest to consult a car accident attorney following the incident.

Following suit, the third most common place for car accidents is on surface streets. Millions of drivers use surface streets on their way to and from work, the bank, and the grocery market. Inevitably, a car accident is bound to occur, and many times it may not be your fault. You may simply find yourself the victim of another driver’s behavior. Many times, those impacted in a car accident may sustain serious bodily injuries and may require medical attention. You should not be force to pay for these expenses out of pocket, especially when you are not at fault.

We understand that being in a car accident is stressful and we want to help you focus on you recover quickly. 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.

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Top 5 Causes of Motor Vehicle Accidents

Tuesday, July 6th, 2010

As the number one reason of fatality among children under the age of 21, car accidents are an extremely common case of injury and death across the country. However, car accidents happen every minute in the United States, yet many times they could be avoided. The following is a list of the top ten causes for motor vehicle accidents.

  1. Cell Phone Usage – With a reported average of 3 out of every 5 drivers either texting or talking while driving, the phone has become a dangerous utility to drivers, motorists, and passengers alike. As the number 1 cause of collisions, car accident attorney Emery Ledger advises that you keep your eyes on the road to avoid injuries or deaths to yourself and to other innocent drivers. In fact, in the State of California it is illegal to talk or text on the cell phone (unless facilitated by blue tooth or head sets). So next time, resist the urge and wait until you can safely talk or respond back to your message.
  2. Changing of CDs or Radio Stations – the temptation to take your eyes off of the road in hopes of jamming out to your favorite song could actually cost you more than what you are willing to give up. As the second most common cause for auto accidents, changing cd’s or radio stations causes drivers to take their eyes off of the road and make them incapable of keeping up with their immediate surroundings which can be dangerous for themselves and those around them
  3. Eating in the Car – Driver distraction is exponentially increased every single time a driver decides to indulge in his or her burger instead of focusing on the responsibility at hand: driving. Though your work schedule may only allow you to squeeze in a breakfast or lunch in the car, it is always best to take the few extra minutes to eat in the parking lot before you decide to get back on the road. As 80% of drivers have reported driver distraction (which eating does categorize under), the possibility of spilling your drink or spilling your food may create an uncomfortable inconvenience for you in the remaining time you have in your car. Moreover, some drivers feel the urge to address the matter right away, and risk their safety in the process.
  4. Drunk Driving & Illegal Drug Use – Driving under the influence of alcohol or drugs (prescription or illegal) can firmly impair a driver’s ability while on the road. As one of the leading causes to car accidents, alcohol causes thousands of innocent deaths each year as a result of drivers who lost control and irresponsibly drove while inebriated.
  5. Speeding – Speeding and other displays of reckless behavior may give drivers a quick thrill, but it can make it very difficult for drivers to stop or react to situations that appear in front of them. If they are unable to determine the traffic flow ahead of them and are unable to stop, or are taken by surprise by a car changing lanes, then a driver  speeding above the designated limit could cause a disastrous collision.

In order to avoid this kind of incident from continuing, drivers must practice safe driving. Keeping your eyes on the road can avoid mild or severe injuries, even death, in many cases. For any additional questions or information, please contact California car accident lawyer Emery Ledger of Law Offices of Ledger & Associates at 1-800-300-0001 or visit his website www.LedgerLaw.com.

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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.

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