Posts Tagged ‘luck’

Airplane Accident Lawyer Discusses Negligence in Airplane Accidents

Saturday, May 8th, 2010

Air travel has become much safer in the century since that first historic flight back in 1903. Despite all the advancements in safety and technology, airplane accidents do still happen. Luckily, they are not always catastrophic and fatal accidents. It is rare to hear of an airplane accident wherein all the passengers perish. More common are the accidents on the runway, on take off or landing or the smaller private aircraft accidents where there are survivors. If you have been involved in an airplane accident and suffered injuries as a result you may be asking the important, but complicated, question of “who is responsible for my injuries?”

According to California airplane accident lawyer Emery Ledger of Ledger & Associates, the question of negligence (a legal term for fault) in airplane accident cases can be even harder to answer than other types of accidents. In the State of California, airplane accidents are governed by the laws of negligence. California, along with most other states, uses a form of comparative negligence to determine fault in accident cases. What this means is that more than one person – or entity – can share the fault for a single accident. An easy example of how comparative negligence is applied is in an automobile accident. Imagine that driver number one was speeding and collided with driver number two who ran through a red light. The first driver may have made the accident worse because they were speeding and therefore shares some percentage of the fault. The important question under comparative negligence is whether you have of the fault than the other parties. In an airplane accident case, if you were a passenger, then it is likely that you were not responsible for any of the fault. So who was responsible?

An airplane accident may takes weeks or months to investigate before any conclusions regarding fault can be made. Statistics tell us the more than half of all airplane accidents are caused in part or in whole by pilot error or mechanical failure. It is possible that the pilot may share some of the responsibility. If your pilot was flying for a company, they may also share the fault for not providing required training or a variety of other reasons. If the plane suffered a mechanical failure, the manufacturer could share some of the blame or that could also be the result of the company not performing proper maintenance. If there was bad weather at the time of the accident, whose decision was it to continue the flight? Again, the pilot or the company may have been negligent in allowing the flight to continue. Did the airplane crash into another plane on the runway? If so, was the pilot of the other plane to blame or the air traffic controller that was directing the planes?

As you can see, there are a variety of parties in an airplane accident case that could be responsible. It may be that one of them alone was responsible or they may all share the responsibility. An experienced airplane accident lawyer can help you sift through all the evidence and determine who was responsible and to what extent. Whether it was one party or several, the bottom line is that you may be entitled to compensation for any injuries that you suffered as a result of the accident. Contact California airplane accident lawyer Emery Ledger to start the process of determining who was negligent and who must compensate you for your injuries. Lawyer Ledger can be reached at 1-800-300-0001 or online at www.ledgerlaw.com.

Bikers Beware of Other Drivers!

Wednesday, March 10th, 2010

With spring just around the corner, motorcycle enthusiasts are gearing up to get back out on the road. For anyone that loves to ride, there is nothing like getting back on your bike after a long winter spent waiting for the weather to break. Of course, if you are lucky enough to live somewhere where the weather cooperates year around, then maybe you haven’t had to wait, but the majority of us aren’t that lucky. Even in California, the torrential winter rains this year have prevented year around riding for many motorcycle enthusiasts so many have had to wait it out until spring decided to pop her head out of the clouds. For some, riding is a way of life, for others just a week-end hobby. Regardless of whether your bike is your primary form of transportation or a week-end luxury, remember that it can be dangerous.

Recent statistics report that in any given year, about 5,000 people are killed in motorcycle accidents and thousands more are injured, according to motorcycle accident attorney Emery Ledger of Ledger & Associates in California. The cause of the majority (almost three-fourths) of motorcycle accident is a collision with another vehicle. Of the remaining 25% of the accidents, rider error was the most common reason for the accident. Roadway defects and weather conditions account for less than 5% of all motorcycle accidents. Of the accidents that involved a motorcycle colliding with another vehicle, the other vehicle was at fault more than two-thirds of the time. What these statistics tell us is what most riders already know – that cars don’t watch for motorcycles on the roadways. Despite efforts by motorcycle groups to educate the general car driving public of the importance of being aware of motorcycles, the statistics tell us that car drivers still don’t watch for motorcycles. Part of the reason for this is that we are trained from the moment we begin driving to be alert to visual cues from other drivers – drivers of automobiles. We are trained to look for traditional vehicles. We are also accustomed to watching for a pair of headlights to tell us that a vehicle is approaching or is in our path. The human brain can only take in so much information at a time and it tends to dismiss excess information if it feels it is not critical at that point and time. When we are driving, we are taking in a lot of information at one time – information that is critical to our ability to drive. If a single headlight enters our field of vision, we sometimes dismiss it as not critical because we are not trained to recognize it as a vehicle. Additionally, something smaller than a traditional car – like a motorcycle – sometimes gets filtered out when we are driving. For this reason, it is even more important that car drivers conscientiously make an effort to look for and beware of motorcycle riders.

For more information motorcycle safety, please feel free to contact motorcycle accident attorney Emery Ledger of Ledger & Associates on his website at www.ledgerlaw.com or at his toll-free number – 1-800-300-0001.

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

Where The Wild Things Really Are!

Thursday, February 25th, 2010

I have just returned from a ski vacation in California. I took my family to Mammoth Mountain for some time away from it all. I was prepared to sit by the fire in our lodge, and to ski in fresh open mountain air. I was wholly unprepared for the plethora of wild animals that were abundant in this area. These animals can apparently end up on the road and bring damage to themselves, and anyone driving, when they present themselves near the road side.

I knew that I might see the occasional tracks in the snow, and wouldn’t it be fun to find out what kind of animal left those tracks? But what we were told by locals was amazing to the extreme. Apparently, it is not unusual to see wild turkey, opossum, beaver, fisher cats, fox, coyote, rabbit, porcupine, skunk, raccoon, and other larger animals running free in that state. And all of these animals pose a danger when they try to cross major roadways, potentially injuring drivers or causing accidents.

There are certainly the traditional sightings of deer, but also it will not be unusual to see moose. We were not 10 minutes outside of the airport before we saw the first “Moose Crossing” sign on the side of the road. Moose are huge animals, and we were warned that even if you are driving an SUV or a truck, you should be wary. Mr. Moose will at times charge cars (usually in the seasons that they mate), and it can be a scary experience. Especially since if Mr. Moose comes a-calling, he will be staring at you literally eye-to-eye, as you sit in your SUV. This would be quite unnerving, and as I said, they are large animals best left alone.

Luckily for us, we were told we would be more likely to see a moose in the back of a pickup, before we see one on the road. Another animal that we were told we could see in the back of a pickup would be bears. New Hampshire has an indigenous bear population, which we hoped was sleeping peacefully in their hibernation dens, at least for the duration of our trip. The locals know though, that they can never leave food out in the spring, not even in a bird feeder. If they do, the bears come out of hibernation (or wherever bears come from) and will rip down the bird feeders looking for food. That is not all that they will rip up. Many families have stories of bears coming to their yards, ripping feeders, hot tub covers, and generally decimating their yards and lower level screens on their homes, all because they are looking for food. They leave large claw marks and horribly scratched tree trunks as their calling card. I can’t imagine how the locals manage living so close to these types of animals, but they do.

In the spring, other animals are seen on the road. There are large land turtles that can live to over 70 years old or longer. This is because they have no natural predators or enemies. Their only “natural” enemy is a car or truck, since they do cross roads frequently and are not known to “look both ways” first. Many residents in the state have caused horrific accidents themselves, on account of land turtles. There was an accident once caused by a woman who stopped her car on a major highway, to escort a turtle across the road. The cars behind her didn’t realize she had stopped, and they proceeded to plow into her car, one by one.

Finally, no matter where you live, it pays to be aware of wild animals that live near open roads. If you maneuver to avoid an animal, realize that there may be cars behind you, so use common sense on the road. Also, if you are traveling and see an interesting animal out of the window, be careful of keeping your eyes on the road. And if you have any interesting stories about animals you have seen on vacation, send us a comment. We would like to hear about it. If you have any other legal questions on the topic, call us at Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com.

Brake Failure Accidents – Who Is Responsible?

Wednesday, January 27th, 2010

Anyone that has ever driven a vehicle knows that the brake system is one of the most important parts of a vehicle.  Whether you are barreling down the road at 70 miles and hour, or trying to navigate a rain storm at 30 miles per hour, if you need to come to a sudden stop, you are completely dependent on your brakes to work properly.  If your brakes fail, you are suddenly in a two ton weapon with no control over how or where it stops. Luckily, complete brake system failure does not happen frequently.  Less than 5% of all accidents can be attributed to brake failure. However, if you have been involved in an accident where brake failure was the cause of the accident you may be wondering if you can hold the manufacturer liable for the resulting damages. The answer depends on a multitude of factors, but IF the manufacturer was negligent in either the design or the manufacturing of the brakes then you may have a product liability claim.

A manufacturer can be held liability under the laws of product liability if there was a defect in the design of the product.  In a car accident where the brakes failed, you would have to be able to prove that the design of the brakes had an inherent defect that prevented them from working correctly. The focus is on the design.  In a design defect case it doesn’t matter how careful the manufacturer was in the manufacturing of the part because the design itself was faulty. Last year, Chrysler recalled about 4,000 vehicles due to a defect in the design of the parking brake lever.  The National Highway Traffic Safety Administration said that part in question may “distort and reduce the effectiveness of the parking brake system”.  This is an example of a design defect.  The part was designed poorly and could cause the vehicle to move suddenly and unintentionally causing a crash.

A manufacturer may also be held liable if there was a defect in the manufacturing process.  Unlike a design defect, with a manufacturing defect the part would work properly if manufactured according to the design.  As the name implies, manufacturing defects occur during the assembly or manufacturing of the part.

Just this month, Chrysler Group recalled about 24,000 late model Chrysler, Dodge and Jeep vehicles due to a defective part that has the potential to cause sudden, unexpected brake failure. According to Chrysler, the vehicles may have an improperly formed brake booster rod retaining clip – or may be missing one altogether. The part is an integral part of the brake system and is required for consistent and proper brake function. Luckily, workers at one of Chrysler’s plants noticed a mal-formed clip while checking for quality assurance and alerted management.

As you can see, determining liability for a brake failure accident can be complicated and require a lengthy investigation. However, if the manufacturer is ultimately found to be liable for either a design or manufacturing defect, then they can be held liable for any ensuing damages.  Contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com for more information if you or a loved one has suffered damages as the result of a brake failure accident.

Accident Attorney, “But My Navigation Said To Turn Left Here…”

Saturday, January 23rd, 2010

We all know by now of the couple recently stranded in their car because their navigation system erroneously took them many miles off course. Luckily for the couple, they had dried food to eat while waiting to be rescued. For many other, they will not be as lucky when their navigation systems fail them and provide wrong directions.

With the advent of satellite navigation, millions of Americans are beginning to depend on navigation tools to find their way both around town and across country, millions of Americans are beginning to depend on navigation tools to find their way both around town and across the country. This navigation technology is making for many confused drivers, who struggle to follow directions that do not make sense and do not square with the street names they see on local corners.

Is it possible that drivers will be able to bring an action against the makers of GPS tools? In the first instance, whether it is declared formally or not, GPS and satellite direction tools are meant to guide a driver to the destination. They are often not the end all, and be all to substituting a good old paper map of the area. Maps and formal directions are available online and in paper form. With so much technology, reading a map has certainly become passé. But it is a lost art worth taking up again, because frankly, the GPS system is not always correct.

Of course, if you read the instructions very clearly, and read between the lines and even the small print, you might find that the satellite navigational system will have a disclaimer clause. It will state somewhere in the materials that came with the tool, that the service is meant to be accurate, but that they will probably not be held responsible if the system fails. If the service is one that requires a subscription, is considered a paid service, or requires that the driver continually update his system after paying for materials or downloads from the internet – an argument might be made that the driver should be able to reasonably expect the service to perform accurate directions on demand.

Finally, even though a driver is relying on the GPS navigation system to give the correct directions, the driver is in control of the vehicle. The navigation tool is not a substitute for the careful driver who is supposed to realize that there are man-made obstacles such as construction or cars parked where the navigation is telling it to go. Or that there is a mud slide on the road, and that it is now necessary for the navigation system to “recalculate” the directions, to get around a hazard safely.

In the end, the driver is going to have responsibility as to how the car is driven, where it is driven and if it is driven safely. The navigation system cannot actually “see” the driver. There is a false sense of security since the navigation system is actually “talking” to the driver, and telling the driver to turn left or right at certain intervals. The same way my wife tells me, whenever I ask her which way we should go, she says “you’re the driver, driver,” the navigation systems are leaving the real driving up to the driver. And isn’t that the way it should be?

If you have been in an accident or have experienced a loss as a result of using a navigation system, you may want to talk to an expert at auto accidents. Give us a call at Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com. We are available to answer your questions for you and will review each case on the merits for real results.

How Do I Know If I have a Personal Injury Case?

Friday, January 15th, 2010

When it comes to a personal injury case, there are many reasons a person can file one. The categories are just limitless; if you are in pain as a result of someone’s negligence you may already have a case.  Seek out a personal injury lawyer to represent you.

The most common personal injury cases are auto accidents. Road accidents happen every single day and sometimes fatalities occur while other times a person is left in severe pain. One in every six thousand person involved in a car accident dies. Most commonly, those who are involved in road accidents are left with an injury to the brain or spinal cord while other times people are very lucky and are left with only minor scrapes and bruises.

Another common personal injury happens in the workplace especially in restaurants and on constructions sites. Burn injuries are most common in a restaurant personal injury case, while brain injuries are most common when it comes to construction sites.

A personal injury can spawn from just about anything we do in our daily lives. Both women and men could find themselves setting up a personal injury case due to an injury that happened at a salon or even an amusement park.

Here are some other injury cases a person could file a personal injury claim for:

  • Dog Bite
  • Spinal Cord Injury
  • Wrongful Death
  • Assault/Battery
  • Medical Malpractice
  • Elder Abuse
  • Defective Drugs
  • Product Liability
  • Slip and Fall
  • Drowning
  • Aviation Accidents
  • Birth-Related Injuries
  • Mesothelioma Case

Surprisingly for most people, when it comes to a personal injury case, the case itself hardly ever goes to a trial in front a jury. This is due to many cases being able to become settled between the parties involved and their lawyers. There are cases that do end up going to trial because two parties are non-agreeable to the other’s settlement theories. When this happens, the court process can be very lengthy. Therefore it is better to try to agree before it goes to court.

When a case has not gone to trial, the injured party generally gets their compensation fairly quickly after a settlement has been reached. When it comes to a personal injury case there is never an amount of money that can take care of the damage that has occurred. However, the compensation will take care of the medical bills associated with the injury and the lost wages that have occurred as well.

The most important thing to keep in mind when it comes to a personal injury case is to hire a lawyer who will put your needs above their own. Check their history, look at their prior cases and make sure they are a lawyer experienced in your injury. If you have suffered a burn, then you will want to find a lawyer most educated in burn injury cases. Your lawyer will be there from start to finish which means you will need to hire one that you can trust to get you there.