Posts Tagged ‘injury’

YOUR AIR BAG DID NOT DEPLOY – IS IT FAULTY OR DEFECTIVE?

Thursday, July 22nd, 2010

By:  Brooke Kopanski, Case Manager, Ledger & Associates

Tell someone you’ve been in an auto accident and their response is likely to be “Did your air bags deploy?” Don’t take this to mean that that person doesn’t care about your well being or the fact that your beloved vehicle is damaged. We have been conditioned by years of evening news reports featuring images of crash test dummies being saved by cloud-like air bags to believe that any front-end collision should result in the deployment of the vehicle’s air bags. Car experts say that consumers have many misconceptions about air bags. Specifically, they say consumers don’t understand:

• Air bags are not designed to deploy in every accident;

• Certain criteria — or deployment thresholds — must be met for airbags to deploy;

• A totaled vehicle is not an indicator of whether an airbag should deploy;

• Air bags are a supplemental restraint system. They are not designed to replace seat belts.[1]

Air Bags Are Not Designed to Deploy in Every Accident

According to the National Highway Transportation Safety Administration[2] and the Insurance Institute for Highway Safety[3], not all front-end collisions are appropriate for airbag deployment. Frontal airbags are designed to protect the occupants’ heads and chests from hitting the steering wheel, instrument panel, or windshield. They are not designed to deploy in side impact, rear impact or rollover crashes. Since air bags deploy only once and deflate quickly after the initial impact, they will not be beneficial during a subsequent collision. Safety belts help reduce the risk of injury in many types of crashes. They help to properly position occupants to maximize the air bag’s benefits and they help restrain occupants during the initial and any following collisions.

Deployment Thresholds Must Be Met for Air Bags to Deploy

Frontal airbags are designed to inflate in moderate to severe frontal crashes. The “must deploy” threshold for belted occupants is 16 mph. At these moderate speeds, the belts alone are likely to provide adequate protection to the vehicle’s occupants.[4]

Even if your collision occurred at a speed greater than 16 mph, your airbag may have properly remained in your steering column. Your car is equipped with sensors that determine the rate of your vehicle’s deceleration, your size and location in the vehicle, and whether your seatbelt is in use. Airbag deployment tests performed by auto makers and various regulatory organizations are often simulations of full frontal collisions into barriers. However, in real-world situations, a collision is rarely ever straight on, but usually occurs at an angle. Consequently, the relative speed between a striking and struck vehicle required to deploy the air bag in a real-world crash can be much higher than an equivalent barrier test crash[5].

A Totaled Vehicle Is Not An Indicator of Whether An Air Bag Should Deploy

Damage to your vehicle is not a good way to gauge whether the air bag should have deployed in your collision. Your vehicle is made to crush, or crumple, to protect you. The idea is to minimize the force on your body and absorb energy efficiently so that when you hit something, the structure crushes as evenly as possible.[6] The terms “totaled” or “total loss” are used by the insurance industry to determine the value of a vehicle. In most states, a car is deemed a “total loss” if the cost of repairing the vehicle is 51% or more of the vehicle’s pre-accident value.

Air Bags Supplement Seat Belts

Car experts say some consumers have the dangerous misconception that their air bags give them so much protection they don’t need to wear their seat belts. That’s a false — and potentially deadly — notion. Your seat belts and your air bags work in unison – seat belts hold you in the proper position, which is critical for the air bags to do their job. [7] Unbelted or improperly belted occupants can come into contact with the air bag module during pre-crash braking. Being near or against an air bag module when it deploys can result in serious or fatal injury.[8]

Air bags must inflate very rapidly to be effective, and therefore come out of the steering column or instrument panel with considerable force and generally at a speed over 100 mph. Because of this initial force, contact with a deploying air bag may cause injury. These air bag contact injuries, when they occur, are typically very minor abrasions or burns. More serious injuries are rare; however, serious or even fatal injuries can occur when someone is very close to, or in direct contact with an air bag module when the air bag deploys. Such injuries may be sustained by unconscious drivers who are slumped over the steering wheel, unrestrained or improperly restrained occupants who slide forward in the seat during pre-crash braking, and even properly restrained drivers who sit very close to the steering wheel.

Faulty and Defective Air Bags

This is not to say that there haven’t been cases where the airbag should have deployed but failed to do so. The NHTSA has recalled several vehicles because “some frontal airbags may not inflate properly and in the event of a crash, the passenger may not be adequately restrained, increasing the risk of personal injury.”[9] If you believe that your airbag should have deployed but failed to do so, please contact our office.


[1] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[2] http://www.nhtsa.gov/people/injury/airbags/airbags03/page3.html

[3] http://www.iihs.org/research/qanda/airbags.html

[4] http://www.iihs.org/research/qanda/airbags.html

[5] http://www.nhtsa.gov/people/injury/airbags/airbags03/images/Air%20Bags0307.pdf

[6] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[7] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

[8] http://www.nhtsa.gov/people/injury/airbags/airbags03/images/Air%20Bags0307.pdf

[9] http://www.consumeraffairs.com/news04/2006/airbags/airbags_new_cars.html

Non-economic Damages in a California Motorcycle Accident Case

Friday, July 16th, 2010

If you have been injured in a California motorcycle accident that was not your fault, you may be trying to figure out what your motorcycle accident case is worth. You may have asked friends or family and gotten a number of different opinions as to how to determine the value. According to California motorcycle accident attorney Emery Ledger of Ledger & Associates, many people are under the impression that there is a “formula” for determining what your accident case if worth. The truth is that there is no magic formula. Each case is different and brings with it different facts and factors that go into determining the ultimate value of the case. California law allows injured plaintiffs to receive compensation for both economic and non-economic injuries. The economic injuries are things that have a quantitative value and include things such as medical bills, property damage to your bike and time lost from work. These damages are relatively easy to calculate and generally are not the source of much debate in your motorcycle accident case. Non-economic damages, on the other hand, are much more subjective and difficult to put an exact value on.

In California, non-economic damages include pain and suffering, emotional distress, disability, disfigurement, humiliation, loss of use, mental anguish, loss of love, support and companionship and loss of consortium when applicable. As you can see, there are many components to the non-economic side of a motorcycle accident case. Determining the value of your non-economic injuries will depend on many factors. The extent and severity of your physical injuries will play a part in determining your non-economic damages. There is generally a direct relationship between the two – but not always. Your age, general health, occupation and many other individual characteristics will also be used to determine the value of the non-economic damages. If, for instance, you received a broken ankle in your accident that was expected to return to 98% capacity you might not have suffered severe emotional distress as a result of the injury. BUT, if you were an athlete and that brake will prevent you from ever competing again your emotional distress may be severe. This illustrates the reason why there is not an exact formula for determining the value of your motorcycle accident case. The law is intended to compensate you for all the injuries you received and therefore requires an individual evaluation of each case to determine what those injuries are. Only after your own individual characteristics and circumstances are evaluated along with the physical injuries that you suffered can a realistic determination be made about what the value of your motorcycle accident case really is.

If you have been the victim in a California motorcycle accident and would like a more detailed and personal evaluation of your case to determine what the value may be, then please contact the motorcycle accident law firm of Ledger & Associates for a free evaluation. They can be reached by calling their toll-free number at 1-800-300-0001 or you can visit them online at www.ledgerlaw.com.

Auto Accident Emergency Kit, What to Have in Your Glove Box

Wednesday, June 30th, 2010

No one plans on being involved in a car accident. Unfortunately statistics tell us that one out of every four of us will be involved in some type of car accident during our lifetime. Given those odds, it is a good idea to think ahead for what you will need in the event that you are involved in a car accident. Whether the accident you are involved in is a small “fender-bender” or a catastrophic accident, there are things that you can have handy in your vehicle that will help you with injuries if you sustain any as well as help you document the accident in the event that you ultimately need to legally pursue compensation from the other driver. So what can you put in your vehicle now that may help you in the event of an accident?

1. First aid kit. A first aid kit should include-at a bare minimum- antibiotic ointment, antiseptic wipes, aspirin, instant cold compress, bandages, sterile gauze and a thermometer.
2. Blanket. Keep a blanket in your trunk in the event someone goes into shock.
3. Road flairs. These can be placed along the road to warn oncoming traffic to slow down.
4. Reflective triangle. These can also be placed in the road and used to warn oncoming traffic.
5. Disposable camera. If you are able to take photos of the accident then you should do so immediately following the accident if it is safe to do so.
6. Pen and paper. Always have something to write on and with handy to get driver and witness information.
7. Bottled water and energy bar. You never know how long it will take emergency personnel to respond or where you will be when an accident happens. Having a bottle of water and an energy bar handy may keep you from suffering from dehydration and weakness caused by hunger.
8. Flashlight. If the accident happens at night you will need a way to see what you are doing if your car headlights are not functioning.
9. Cellular telephone. Most people have one these days but even if you aren’t someone that talks on a cellular phone it is good to have one in the event of an emergency.
10. Emergency contact numbers. Keep a list of emergency contact numbers in your glove box. We all hope that even in an accident we will be awake and able to answer questions from emergency personnel, but that isn’t always the case. If you are unconscious and unable to tell them who to call, it can be invaluable for them to simply be able to look in the glove box for a list of people to call for you.

This list has been brought to you by the California personal injury firm of Ledger & Associates. If you have been in an accident and would like a free detailed evaluation of your California accident case, please contact Emery Ledger at 1-800-300-0001 or visit the firm’s website at www.ledgerlaw.com.

Personal Injury Lawyer Delivers Deposition Tips

Monday, June 28th, 2010

If you have been involved in a California personal injury accident that was not your fault, you probably have a number of questions about how the legal process works once you have filed a lawsuit against the negligent driver. A personal injury lawsuit begins with the filing of a complaint against the negligent party or parties. Each side then tries to determine what happened in the accident and what evidence is available to support or contradict the claim of negligence. One way that lawyers try to determine what evidence will be presented in a court trial is to take depositions.

A deposition is the sworn testimony of a witness taken before trial. The testimony is generally taken at one of the lawyer’s offices. There is no judge present during a deposition but each witness is placed under oath and must swear to tell the truth. Lawyers for both sides may then ask questions. The questions and answers are recorded and later transcribed by a court reporter.

In most cases, anything that you testify to in a deposition may be introduced at a later trial. Additionally, if the witness is unavailable when it is time for the trial, the answers given during the deposition may be entered into the record as if the witness were present. The deposition process is very formal as a rule. You will sit with your attorney and a representative from the opposing party will be there with their attorney. Once you are sworn in, the attorney for the opposing party (in this case the other driver) will begin asking you questions. Taking part in a deposition can be an intimidating process but the better prepared you are the more relaxed and comfortable you will feel. California personal injury attorney Emery Ledger of Ledger & Associates offers the following tips to help make the deposition process easier for witnesses:
1. Spend time preparing with your lawyer before the deposition. The legal process in general can be scary if you are new to it. A deposition can be very formal and may make you feel somewhat uncomfortable if you are not prepared well. Spend as much time as you need with your lawyer ahead of time practicing what the deposition will be like. By doing this, you will know better what to expect and be more comfortable answering the questions.
2. Listen carefully to the question. Always listen to what the lawyer is asking you. If your lawyer objects to the question being asked then wait until the lawyers have finished debating the objection and your lawyer gives you the go ahead to answer it.
3. Answer only the question being asked. Try to focus on exactly what the lawyer is asking you. Do not add any additional information. Be truthful in your answer but do not offer additional information. If you feel that an explanation for your answer is needed, speak to your lawyer and they can decide whether to bring that information out when it is his turn to ask questions.
4. Stay calm. Sometimes, the lawyer for the opposing party may ask questions that you feel are offensive or that anger you. Try to remain calm and simply answer the question unless your lawyer tells you that you do not need to. If you feel that the question creates a misunderstanding or leads to an incorrect conclusion then tell your lawyer and let him straighten it out when it is his turn to question you.

If you have any additional questions about the deposition process or accident litigation in general, please feel free to contact California personal injury lawyer Emery Ledger at Ledger & Associates 1-800-300-0001 or online at www.ledgerlaw.com.

Do I need a California Accident Lawyer?

Friday, June 25th, 2010

Injuries can happen at any time and at any place. You can be injured at home, in your car, at your job or even walking across the street. Some injuries are minor while others can have catastrophic consequences. California accident lawyers see injury cases involving workplace injuries, car accidents, airplane accidents, nursing home accidents and many other types of injuries. If you have been injured in an accident, you may be asking yourself whether you really need to hire a lawyer.

According to California accident lawyer Emery Ledger of Ledger & Associates, the answer to that question depends on many factors. One important factor is the extent of the injuries that you suffered. A minor fender bender where you were not seriously injured, for example, may be something that you can handle quickly on your own. On the other hand, a serious car accident that required you to be hospitalized may require the expert services of an accident lawyer. While it is true that you are never required to hire a lawyer to represent you, for serious injuries you may need the advice and guidance of an experienced lawyer. Typically, insurance companies will offer you a token amount to settle your claim shortly after the accident. If you are certain that you did not suffer any lasting injuries, then you may choose to accept the offer and move on. However, if you have any doubt about the extent of your injuries, then you should at least consult with a lawyer before accepting the offer.

Another important factor is what type of accident you were involved in. Some accidents, by there very nature, are better handled by a lawyer. A good example is an airplane accident. When the defendant is a large corporation such as an airline company, you may need someone that has dealt with them before and knows how to investigate and litigate your case so that you receive the compensation you deserve. Another good example is an asbestos related cancer case. Due to the highly scientific nature of the injuries caused by asbestos, and the complicated legal issues, you may need an experienced lawyer on your side.

A big factor for many people is the comfort level that they feel when they have a lawyer on their side. Dealing with an insurance company and the court system while you are also trying to heal from your injuries can be extremely stressful. For this reason, many people simply feel more comfortable allowing a lawyer to handle the case so that they can focus on healing. Consider this the “peace of mind factor” when deciding whether or not you need to hire a lawyer.

In the end, the decision to hire a lawyer for your California accident is a highly personal decision and one that you will have to make after considering all the relevant factors. If you have made the choice to hire a lawyer, or simply want a free detailed evaluation of your case before you make the decision, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

California Mesothelioma Lawyer

Wednesday, June 23rd, 2010

For the millions of people in America now suffering with mesothelioma cancer, the question of whether or not they have a valid lawsuit and what it may be worth surfaces. Hearing a diagnosis of cancer is traumatic under any circumstances. Hearing that you may have planted the seeds for that cancer decades ago simply by doing your job is devastating news. That, however, is exactly what has happened too many of the mesothelioma cancer victims in the United States.

Estimates vary, but even conservative estimates put the number of mesothelioma cases that are caused by previous exposure to asbestos at 80%. Some experts put that percentage as high as 90%. Mesothelioma was once considered a vary rare form of cancer. .In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium, a protective sac that protects and covers many of the body’s internal organs. Scientists and doctors believe that when someone is exposed to asbestos dust particles, these particles are breathed in and subsequently enter the lungs. Years, even decades, later, those particles can cause the cells of the mesothelium to become abnormal and eventually lead to mesothelioma cancer.

If you have recently been diagnosed with mesothelioma cancer, you may be entitled to receive compensation for the injuries you have suffered as a result of the cancer. Under the California laws of negligence, if someone that had a duty of care to you breaches that duty and causes injuries, then you may be entitled to compensation. In the case of asbestos related mesothelioma, if you once worked in any of the numerous industries that used asbestos, then your employer or the manufacturer of the products that contained the asbestos could be responsible for your injuries. According to California mesothelioma lawyer Emery Ledger of Ledger & Associates, under a California personal injury lawsuit such as an asbestos related mesothelioma case, the victim may be entitled to economic and non-economic damages. “Damages” is a legal term that is used to refer to injuries. Economic damages generally include things that have a quantifiable numerical value such as medical bills or time lost from work due to the illness. Non-economic damages are what many people think of as pain and suffering. In addition, under some circumstances, punitive damages can be awarded when the judge believes that the defendant’s actions (or inactions) were particularly egregious and that the defendant acted with malice. California courts have led the way with some of the highest mesothelioma awards in the country and judges have not shied away from awarding punitive damages as part of those awards.

If you have recently been diagnosed with mesothelioma, seek the advice of an experienced California mesothelioma lawyer as soon as possible. While the statute of limitations for asbestos cases does not require that a lawsuit be filed shortly after exposure as many other personal injury cases require, it does require that you file a lawsuit within a short time after you have been diagnosed. For a free and confidential detailed evaluation of your mesothelioma case, contact the mesothelioma firm of Ledger & Associates at 1-800-300-0001 or visit them on the Internet at www.ledgerlaw.com.

Can I Afford Lawyer for My Accident Claim?

Wednesday, June 16th, 2010

If you were injured in an accident in California and you believe that someone else was at fault for the accident, you may be faced with medical bills, property damage and time lost from your job. Depending on how severe your injuries were, you may even have lost your job and may be facing additional medical bills in the months or even yeas to come. You could even be facing problems finding a medical provider to treat your injuries if you did not have medical insurance at the time of the accident. You are not alone. Accidents of all kinds happen every day in California and the victims are left trying to figure out how to pay for medical treatment, how to repair damage to vehicles and what to do about their job. This is where a California accident lawyer can help. You may be concerned that on top of all the other bills you now have that you cannot afford to hire a lawyer to represent you in your accident lawsuit. The good news is that you may not need to worry about money for your California accident lawyer.

The benefits of hiring an accident lawyer to represent your interests are numerous. Statistics show that accident settlements and jury awards are consistently higher for victims that are represented by lawyers. This means more money for you to pay your bills and to compensate you for the pain and suffering you have experienced as a result of someone else’s negligence. In the short run, having a lawyer represent you means that you do not need to talk to the insurance company, the defendant or the courts. You can focus on healing the injuries that you suffered. Additionally, if you are having problems getting your vehicle fixed, finding a medical provider to treat you or are in jeopardy of losing your job, your lawyer may be able to intervene and help.

Unlike many other types of cases that lawyers handle, accident lawyers frequently accept personal injury accident cases on a contingency basis. A contingency arrangement basically means that you will not be charged anything upfront. Your lawyer will aggressively investigate, negotiate and even try your case to a jury without you having to pay anything. At the end of the case, your lawyer will receive a percentage of the final settlement or jury award as payment for their services. This method of payment was developed many years ago precisely for situations like yours where the victim would be left without any way to be compensated for their injuries if they had to pay a lawyer upfront just accept the case. This type of payment arrangement also gives your lawyer an incentive to get you the most compensation possible. At the end of your accident case, your lawyer will pay out any medical providers, expert witnesses or other bills associated with your case and then your lawyer will be paid his agreed upon percentage. Everything that is left will be your compensation for the injuries you have received.

In the end, if you have been the victim in a California accident, you may be able to hire an accident lawyer to represent you without having to worry about yet another bill. If you have additional questions or would like a free and detailed evaluation of your accident case, please call California accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online www.ledgerlaw.com.