Posts Tagged ‘ego’

California Aviation Attorney Discusses Air India Airplane Crash

Monday, May 24th, 2010

While commercial aviation has become one of the safest modes of transportation, aviation accidents do still happen. Sadly, when they happen they often have catastrophic and tragic results as evidenced by the Air India crash last week. The crash was the worst aviation accident in the last decade for India.

According to news reports, the Air India Boeing 737 passenger jet departed from Dubai, United Arab Emirates without incident on its way to Mangalore, India. Neither the pilot nor the co-pilot reported any problems while en route to Mangalore and weather conditions were reported as good at the time. When attempting to land, however, in Mangalore, the plane overshot the runway at Mangalore International Airport causing the plane to hit a barrier wall and ultimately land in a valley. The crash killed 158 of the 166 people on board. Experts are currently searching for the “black box” that is found on all commercial jets to attempt to determine what went wrong that caused the plane to miss its landing and ultimately cause the crash that took 158 lives. Experts from the United States National Transportation Safety Board are expected to conduct an investigation of the crash.

Despite advances over the last few decades in aviation and safety, aviation accidents are still possible. Statistics tell us that almost half of all aviation accidents are the result of human error or mechanical failure. Human error can include pilot error or air traffic control error. While large jets such as the Boeing 737 do include many automated systems for flying the plane and monitoring the flight systems, responsibility for the safe departure and arrival of a plane is still highly dependent on the pilots and the air traffic control operators. While it may be weeks or months before we know what caused the crash of the Air India flight, we do know that 158 passengers lost their lives and another eight may suffer physical injuries and psychological trauma for the rest of their lives.

The Indian government has already announced that it will be paying the families of the deceased passengers what amounts to about $25,000 per victim pursuant to their regulations for accident victims. What would the families be entitled to here in the United States? If the accident had happened here, family members would be entitled to file a wrongful death lawsuit for the passengers that were killed or the survivors could file a personal injury lawsuit. Unlike other countries, the amount that the families or the victims are entitled to is no predetermined. Under either a wrongful death lawsuit or a personal injury lawsuit, you will be able to provide evidence of the damages that were suffered by you personally in the case of a personal injury lawsuit or evidence of the future support that you will not have to live without in the case of a wrongful death lawsuit. The ultimate value of your lawsuit will be determined through negotiations with the responsible party – in this case the airline – or through a jury trial wherein the jury will determine the amount of damages that you are entitled to.

If you have been the victim of an aviation accident or have lost a family member as a result of an aviation accident, please call California aviation attorney Emery Ledger of Ledger & Associates for more information on your legal options. He may be reached at 1-800-300-0001.

Toyota Agrees to Pay Record Fine

Thursday, April 22nd, 2010

Toyota Motor Corporation said Monday that it will not contest the record $16.4 million dollars in fines levied by United States safety regulators because the company did not inform the proper authorities as soon as it knew of problems with defective accelerator pedals in a number of its cars. The fines are the result of controversy surrounding the 8.5 million-and growing-Toyota made vehicles that have been recalled in the last year. As you may be aware, the recalls started last fall with the first recall prompted by the runaway Lexus SUV that killed all four occupants in San Diego. That recall was followed by recalls number two and three in December and February. In total, over 8.5 million vehicles have been recalled and Toyota has just announced additional recalls.

Since the original round of recalls, lawmakers, regulators and advocates have been speculating about exactly when Toyota knew about the defective parts. Under United States law, a manufacturer must make a good faith effort to find any defective parts and must report those defects that it finds immediately. They must also repair or replace any defective parts. Many critics have questioned when Toyota became aware of the problems and have asked why nothing was done sooner. The record fine – while not an admit ion of guilt on the part of Toyota – says a lot to some people.

There have been at least 50 deaths attributable to the Toyota defects and hundreds of accidents. At last count the number of lawsuits filed in the United States against the automotive giant was approaching 100. The fine Toyota has agreed to pay may be just the tip of the iceberg as far as the financial cost of the defects. Under the laws of negligence as applied in California, if you were involved in an accident in which a Toyota manufactured vehicle was responsible for the collision, you may be entitled to financial compensation for the injuries you sustained in the accident.

Under the laws of negligence, if a person, or entity, is responsible for damages that you have suffered, then they must compensate you for those damages. Much of the time, this involves a negligent driver in a car accident. It can, however, be a company that is the negligent party. If a defective part in a vehicle was the cause, or part of the cause, of an accident, then that may be considered negligence on the part of the company that manufactured the part.

What this may mean for you, if you were injured in an accident involving a Toyota manufactured vehicle, is that you may have a legal claim against Toyota for injuries that were caused by the accident. The only way to know whether you have a valid personal injury lawsuit is to consult with an experienced California personal injury attorney. The laws of negligence are very complicated and made even more so when a large corporation is involved. If you would like a free detailed evaluation of your potential personal injury claim, please contact personal injury attorney Emery Ledger of Ledger & Associates. He can be reached at 1-800-300-0001 or you may visit his website at www.ledgerlaw.com

Car Accident Attorney Answers the Question Whether You Can Recover for Damages in a Car Accident If You Did Not Have Insurance

Friday, April 16th, 2010

Almost all states requirement drivers to show proof of financial responsibility in order to legally drive on their roadways. California is no exception to that rule. California Insurance Code §11580.1b sets out the minimum liability insurance requirements for private passenger vehicles as follows: $15,000 for injury/death to one person; $30,000 for injury/death to more than one person; and $5,000 for damage to property. Despite these legal requirements, many people drive without liability insurance. It may be that their insurance has lapsed due to an oversight or possibly because they simply couldn’t afford to pay for it. Regardless of the reason, San Diego car accident attorney Emery Ledger is frequently asked what happens if someone is injured in an accident that was not their fault but they did not have the legally required liability insurance.

The California legislature and courts debated that issue for years before reaching a conclusion back in 1996. Proposition 213 finally decided the issue in somewhat of a compromise between the two sides. Proposition 213 essentially says that if you are the victim in a car accident wherein you were not at fault, but were driving without the legally required liability coverage, then you are still entitled to recover economic damages from the car accident, according to San Diego car accident attorney Emery Ledger of Ledger & Associates. You may not, however, recover non-economic damages. Non-economic damages are what most people think of as pain and suffering. What this means, in most cases, is that you can recover the cost of your medical care, property damage to your vehicle, lost time from work and other out of pocket expenses. You will not be able to get additional money for any emotional toll that the accident took on you. There are additional provisions under Proposition for special circumstances such as when one of the drivers was driving under the influence or when one of the drivers was in the commission of a felony but the above applies to the majority of uninsured situations.

While there may be other penalties that impact your driver’s license, the bottom line is that if you were injured in a car accident and you were not at fault then you may still be able to recover compensation for the injuries you have suffered. As you may know, those damages alone can add up rather quickly and you should not have to shoulder the financial burden of paying for them if you were not at fault in the car accident. If you have been in a car accident, then don’t be afraid to contact an experienced San Diego car accident attorney to discuss your specific case. Emery Ledger, of Ledger & Associates has been practicing personal injury litigation for over twelve years in the San Diego area and would be happy to offer you a free detailed evaluation of your car accident case. He can be reached at his office at 1-800-300-0001 or you can visit him online at www.ledgerlaw.com.

Is It Safe to Cross the Streets Anymore?

Saturday, March 13th, 2010

Many of us can remember a time when walking down the street was relatively safe. As long as you were careful what neighborhood you were walking in and at what time of the day, you were reasonably assured of making it to your destination safely. Now, all you have to do it open a newspaper or click on the Internet and there is bound to be a story about another pedestrian being struck by a vehicle. For example, Khuong Nguyen was injured by an out of control Jeep in the parking lot of an Orange County, California hotel on the night of March 5, 2010 while he was walking across the parking lot. That same night, in San Diego, California, 18 year old Steven Kelley was killed after being struck by two vehicles while he was crossing El Camino Real. The first driver did not stop at the scene of the accident. The second driver, who stayed at the scene and phoned 911, was not able to stop in time and also struck Kelley. The next day a woman telephoned police to say that she might have been responsible for hitting Kelley but didn’t realize it at the time. Just three days later, two teenage girls were crossing the street in San Francisco on the evening of March 8, 2010 when they were struck by a maroon van that failed to stop at the scene of the accident. Police have since made an arrest in this incident.

These are just three examples of tragic pedestrian accidents that happened within a three day period! While all three are still under investigation, initial reports on all three indicate that the victims were not doing anything out of the ordinary and certainly were not to blame for the accidents. The two teenage girls, for instance, were apparently crossing in a marked crosswalk. The United States appears to have a fairly large problem with pedestrian accidents. Each year, over 5,000 people are killed in pedestrian accidents and another 65,000 are injured. What does that statistic mean? It means that during the time it is taking you to read this article, another pedestrian has been hit and injured. Additionally, over 10% of all fatalities associated with motor vehicle accidents are actually pedestrians that are killed. This means that for every ten vehicle accidents, a pedestrian is involved and killed in one. That is a shockingly high number. So who is at fault for all these pedestrian accidents? Most of the time the driver of the vehicle is found to be at fault.

Pedestrian accident attorney Emery Ledger of Ledger & Associates point to California Vehicle Code Section 21950 that states “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection…”. While the pedestrian is still required to use “due care”, the law makes it clear that vehicles are intended to watch out for pedestrians. If you, or a family member, have been involved in a pedestrian accident, you may be entitled to compensation for any injuries that you have suffered as a result. Consult with an experienced California pedestrian accident attorney for an evaluation of your specific case as soon as possible. Pedestrians should not have to worry about their safety simply because they are walking across the street. Likewise, if someone else is responsible for injuries that you suffered, then they should have to compensate you for those injuries.

Contact the law offices of Emery Ledger of Ledger & Associates today for a consultation at 1-800-300-0001 or visit him online at www.ledgerlaw.com

Toyota Recall May Be Getting Bigger

Wednesday, March 10th, 2010

The list of recalled vehicles may be getting bigger, and the speculation as to the actual cause of the problems may be growing larger as well. The list of vehicles currently covered under one of the three Toyota recalls has topped 8 million worldwide. Over 50 deaths and an untold amount of injuries are being blamed on one of the defective parts that are the subject of the recalls. While Toyota is in the midst of implementing their first round of “fixes”, questions are swirling as to whether more cars need to be included and whether the “fix” even works. Toyota’s pride and joy, the Prius, has now taken the spotlight as the latest “unintended acceleration” scare to hit national television, according to personal injury and product liability attorney Emery Ledger of Ledger & Associates in California.

Just yesterday, 61 year old James Sikes, made an emergency 911 call near San Diego, California. The reason for his call? His 2008 Toyota Prius was accelerating out of control in Highway 8 near San Diego. Topping speeds of 90 m.p.h., Sikes was unable to stop his vehicle with either the brake or the emergency brake. He also tried putting the vehicle in neutral and shutting off the ignition – all to no avail. “I pushed the gas pedal to pass a car and it did something kind of funny … it jumped and it just stuck there… I was trying the brakes … it wasn’t stopping, it wasn’t doing anything and it just kept speeding up,” Mr. Sikes said according to the Associated Press. Luckily for Mr. Sikes, after barrelling down the Interstate for about 20 minutes., a California Highway patrolman showed up beside Sikes. He began to give Sikes instructions over the loudspeaker for how to stop the vehicle. Ultimately, Mr. Sikes was able to get the vehicle stopped by using both the emergency brake and the regular brake AS WELL AS using the bumber of the patrolman in fornt of him to slow him down. Mr. Sikes indicated that he reached down to the gas peddle to make sure that nothing was obstructing it and found it clear. Mr. Sikes can count himself as one of the lucky ones.

This latest example of the unintended acceleration problems that Toyota made vehicles are having may just be the last straw for the automaker giant. According to Toyota, Mr. Sikes Prius was intended to be part of an official recall, but Toyota didn’t have a “fix” yet for the problem, so it hadn’t officaily been recalled. Needless to say, Prius owners are not happy with this explanation and are psuhing for an immediate recall. Additionally, this incident again raises the issue of whether stuck floor mats are truly to blame for the problem. Mr. Sikes is very clear that nothing was obstructing the gas pedal in his vehcile. His vehcile is currently being inspected by law enforcement officials in an attempt to determine the cause of the uninteneded acceleration. Toyoita has denied rumors for weeks that something in the electrical system may be to blame for the unintended accleration – not floor mats. Toyota’s denials, however, are becoming harder and harder to believe for many.

If you have any additional questions regarding the Toyota recalls or any other personal injury questions, please feel free to contact Emerey Ledger of Ledger & Assocaites at 1-800-300-0001 or online at www.ledgerlaw.com

Accidente Procurador ayudar a probar su caso de lesiones

Wednesday, March 3rd, 2010

Las leyes de lesiones personales se rigen por las leyes de responsabilidad civil. Ley de agravios es un cuerpo de ley que trata con las personas que han sido víctima de un ilícito civil – que surgen de algo otro de una relación contractual – y permite que aquellos que han sido agraviados a recibir compensación por sus daños y perjuicios. Las leyes Tort trata de situaciones en las que alguien ha sido perjudicado o perjudicados, accidental o intencionalmente. Con el fin de recibir una indemnización por una reclamación de responsabilidad civil accidental, el demandante (la persona que ha sido lesionado) debe probar que el demandado (la persona que hizo el daño) se negligente. En este punto, todo esto puede sonar como un montón de jerga legal que en realidad no explica nada bien? Pues vamos a ver si podemos descomponer de manera que tiene más sentido.

La negligencia se compone de cuatro elementos, según el abogado de lesiones personales Emery Ledger de Ledger & Associates. Estos cuatro elementos son: derecho, la violación, la causalidad y daños y perjuicios. En ocasiones, un quinto elemento, se añade – la causa próxima -, pero para fines de esta explicación, vamos a seguir con el estándar de cuatro elementos. Su abogado de lesiones personales, sabe que debe probar los cuatro elementos, a fin de ganar su caso y en última instancia, recibir una compensación por sus lesiones. Entonces, ¿cuál debe ser su abogado de lesiones personales para cada elemento de prueba?

de destino: El deber es a veces mencionado por el deber más formal “de la atención”. El deber de cuidado es algo así como el concepto bíblico de “no hacer daño a tu prójimo”. En primer lugar, el demandante y el demandado debe haber estado en una relación en la que la obligación de utilizar la atención era necesario. Esto es a menudo llamada la “proximidad” puntas. Además, el daño que pasó debe haber sido razonablemente previsible. Por último, los tribunales imponer una patilla de la equidad, que básicamente proporciona un cajón de sastre de escape si el juez considera que simplemente no sería “justo” para imponer la responsabilidad. A medida que su abogado de lesiones personales puede explicar a usted, conducir un automóvil en la vía pública en general, se cumplen el criterio de proximidad. Un accidente resultante es algo que puede haber sido previsible si el conductor estaba haciendo algo que contribuyeron al accidente – como hablar por un teléfono o un exceso de velocidad. La vertiente justicia rara vez es un problema en un accidente automovilístico.

incumplimiento de las obligaciones: A fin de demostrar la violación del elemento de derecho, el abogado de lesiones personales debe probar que el demandado no cumplió con su deber de diligencia al demandante. A veces, se puede demostrar que el acusado a sabiendas el demandante expone a un riesgo considerable. Esto se considera el criterio subjetivo por incumplimiento del deber. Piense en términos de una compañía farmacéutica que vende un producto sabiendo que se ha demostrado tener efectos secundarios peligrosos. Por otra parte, muchas veces la violación no se hizo a sabiendas. En ese caso, su abogado de lesiones personales debe demostrar que cualquier persona razonable en la misma situación se habría dado cuenta que estaba exponiendo la parte demandante a un riesgo considerable de daño. Esto es más común en un caso de accidente de auto. Su abogado de lesiones personales pueden ser capaces de demostrar que el otro conductor debería haber sabido que se le colocan en el daño. Esto se considera la prueba objetiva en caso de incumplimiento del deber.

Causa: Su abogado de lesiones personales debe demostrar que las lesiones que sufrió fueron causadas directamente por las acciones del demandado u omisiones. Esto puede parecer obvio, pero no siempre es tan clara como parece. Si usted piensa de que la pendiente de edad “resbaladizo”, comentario que su madre o uno de sus profesores siempre te va a entender la necesidad de que el elemento de causalidad. Una vez que el balón ha de partida rodando por una pendiente, que sigue rodando y puede iniciar una reacción en cadena. La cuestión de la causalidad es que si lo que realmente ocurrió fue hasta ahora alejados de lo que podría haber sido previsto, entonces nadie podría haber tenido el cuidado de evitarlo. Tomar la pelota que rueda colina abajo. Si alguien tenía que mirar el balón, pero deja la bola … y entonces la pelota golpea un coche … y el coche comenzó a rodar el coche … y finalmente cayó en una casa … y dentro de la casa una instalación de luz cayó sobre la cabeza … bueno que probablemente no han cumplido con el elemento de la causalidad, si usted está tratando de probar que la persona que originalmente dejar la bola fue negligente!

daños y perjuicios: Por último, el abogado de lesiones personales, debe probar que sufrió daños. Los daños pueden ser de naturaleza económica o no económica. Su abogado de lesiones personales puede dar una lista completa de lo que se incluye en cada categoría, pero en general los daños económicos son algo de lo que usted tiene prueba de su monto en dólares (es decir, gastos médicos) y los daños no económicos son cosas que no tengo una cantidad de dólares cuantificables (por ejemplo: el sufrimiento emocional).

Si desea información adicional, o tiene alguna pregunta sobre lo que su abogado de lesiones personales debe probar a ganar su caso de accidente, no dude en ponerse en contacto con Ledger & Associates al 1-800-300-0001 o en línea en www.ledgerlaw.com

Toyota Recall Lawyer Says Toyota Fix – Too Late For Many

Wednesday, February 10th, 2010

Toyota resumed production this week at six North American assembly plants after a one week shutdown as a result of the first two Toyota recalls. After Toyota announced the recall of 2.3 million vehicles on Jan. 21, 2010, it was forced to stop selling eight models accounting for nearly 60 percent of their sales volume on Jan. 26, 2010. Plants were closed in Canada, Indiana, Kentucky and Texas, costing the automaker giant millions of dollars and sending thousands of workers home for a week. The first recall was announced last October and has come to be known as the “accelerator pedal entrapment” recall.  The second recall was announced in January for an apparent problem in the pedal itself causing the pedal to be harder to depress, slower to return to the closed position or get stuck in a partially depressed position. The unusual decision to stop production was apparently due to the fact that Toyota did not have enough replacement pedals to fix the problems related to the second recall and was, therefore, unable to continue production.

Toyota plants are back in production mode with the new parts being outfitted in the vehicles rolling off the assembly lines.  As for the vehicles affected by the first two recalls, reports are that dealerships are staying open late, or working around the clock to make the repairs called for by the recall. Toyota claims that repairs for the first recall issue should take only about 30 minutes.  The repair for the second recall should take about double that time.  While that time frame seems reasonable, when you take into account that over 6 million vehicles were affected in the first two recalls, the time necessary to repair all those vehicles adds up quickly.

Unfortunately, for some owners of Toyota vehicles listed in the first two recalls, the repairs have come too late. By now, many of us have heard about the tragic accident that took place last Fall in San Diego prompting the first of Toyota’s recalls.  While that may be the most horrific of the accidents yet to be announced, it appears as though it is hardly the only accident involving one of the recalled vehicles.  As reports continue to pour into the National Highway Traffic Safety Administration (NHTSA), the numbers of injuries potentially related to recalled vehicles continues to climb.

If you have been involved in an accident and you believe that one of the issues in any of Toyota’s recalls was a contributing factor in the accident, then you may be entitled to recover damages for any injuries you have suffered as a result of that negligence.  Consult with an experienced California personal injury and product liability attorney immediately.  Only an experienced attorney can evaluate your particular circumstances and advise you what your options may be to obtain compensation for your suffering.

If you have suffered injuries in an accident involving a recalled vehicle and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.