Posts Tagged ‘motorcycle accidents’
Friday, July 9th, 2010
Motorcycle accidents happen all the time and under an infinite number of circumstances in the state of California. While there are times when an accident is 100% the fault of the other driver, it is more likely that the accident was a combination of events and that both drivers may share some of the blame for the accident. According to California motorcycle accident lawyer Emery Ledger of Ledger & Associates, many people come into his office under the impression that if they did anything at all to contribute the accident that they are barred from receiving compensation for their injuries. Luckily for bikers in the state of California that is just not so.
Negligence is the legal word used to describe fault or blame in an accident. States are allowed to determine what theory of negligence they use when litigating accident cases. There are two basic theories of negligence: contributory negligence and comparative negligence. Under the contributory theory of negligence if you contributed AT ALL to the accident then you are barred from receiving any compensation at all for your injuries. As you might imagine, this theory of negligence can produce for very unfair results. If a plaintiff was seriously injured in an accident with medical bills of $100,000 but was 2% responsible for the accident, then they would receive nothing toward their bills much less any pain and suffering compensation. Luckily, in California, the comparative theory of negligence is used. Under the comparative theory of negligence, the negligence of all parties involved is considered and each party is assigned a percentage of the total fault. A plaintiff’s recovery amount is then diminished by their percentage of fault. In the example above under the California system of negligence the plaintiff would be entitled to the $100,000 minus 2% – or $2,000 – making their award $98,000. The comparative system of negligence allows for a much fairer outcome for injured victims.
As you can see, if you were involved in a California motorcycle accident and you share some of the fault for the accident, that may not mean that you are barred from recovering anything for your injuries. Determining negligence in a motorcycle accident can be a complicated process and one that is heavily litigated at times. If you feel that negligence is an issue in your motorcycle accident case, then you should consult with an experienced California motorcycle accident attorney as soon as possible. With the help of an experienced accident lawyer, you may be able to resolve the issue of negligence in your favor which would make you eligible to receive compensation for the physical and emotion injuries that you suffered in your accident.
If you have additional questions about negligence or any other motorcycle accident related questions, please contact the California motorcycle accident law firm of Ledger & Associates. You can make an appointment for a free and detailed evaluation of your case by calling 1-800-300-0001 or by contacting them online at www.ledgerla.com.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, california motorcycle accident attorney, california motorcycle accident lawyer, comparative negligence, comparative theory, compensation, contributory negligence, motorcycle accident, motorcycle accident attorney, Motorcycle Accident Lawyer, motorcycle accidents, Negligence, pain and suffering, pain and suffering compensation, plaintiff
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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.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, accident lawyer, accidents, airplane, airplane accident, airplane accidents, california accident lawyer, car accident, car accident case, car accident cases, car accidents, compensation, damages, economic damages, lawyer, motorcycle accident, motorcycle accidents, Negligence, pain and suffering, pedestrian, pedestrian accident, pedestrian accidents, physical injuries, plane accident, suffering, train accident, train accidents
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Monday, June 28th, 2010
California is one the most beautiful places to enjoy riding a motorcycle. Not surprisingly, there are over 1.3 million motorcycles registered in the state of California. Whether people are riding for pleasure or for the economy of riding a bike, there are certainly a lot of them riding. Despite efforts by both public and private groups to make other drivers on the road more aware of motorcycles, motorcycles continue to account for a disproportionate number of accidents each year. While bikers represent only 2.1% of all registered vehicles in California, they account for 9.4% of all traffic fatalities in the state. Each year, about 500 people are killed in the State of California in motorcycle accidents and another 10,000 are seriously injured. Sadly, those figures are going up instead of down. If you have been involved in a motorcycle accident, you may be considering hiring a lawyer to represent you. You may also be wondering how a motorcycle accident lawyer can help you in your motorcycle accident case.
While each motorcycle accident case is different, statistics tell us that there is a very good chance the accident you were involved in was not your fault. About 75% of all motorcycle accidents are caused by the other driver. In the majority of those cases, the driver of the other vehicle admits that they simply did not see the motorcycle. If the accident was not your fault, then a motorcycle accident attorney may be able to help you receive compensation that you are entitled to for the injuries that you suffered as a result of the accident. Under the California laws of negligence, if someone else was negligent (at fault) in your accident, then they must compensate you for your physical and emotional injuries that are a result of the accident. A motorcycle lawyer has years of experience handling these claims and is better able to negotiate a settlement for you. While it is true that you may be able to deal directly with the insurance company and they will likely offer you a settlement without the assistance of a lawyer, chances are that they will offer you far less than what you deserve.
Additionally, if your case does not settle – either because the other driver is not admitting negligence or because they are not offering you what your case is worth – then you will have an experienced and knowledgeable litigator at your side fighting for your rights and for the compensation that you are entitled to for the injuries you have suffered. Only a lawyer knows the ins and outs of a trial. Everyone hopes that their case can be settled quickly and efficiently without the need to go to trial, however if a trial is necessary, there is nothing like the feeling that someone is by your side and will lead the way through the process.
If you have been injured in a California motorcycle accident and would like a free and detailed evaluation of your potential motorcycle case, please contact motorcycle lawyer Emery Ledger of Ledger & Associates today for an appointment. He can be reached at 1-800-300-0001 or online at www.ledgerlaw.com
Tags: accident, accident attorney, accident case, accident lawyer, accidents, attorney, california law, california motorcycle, claim, compensation, emery ledger, emotional injuries, fault, hiring a lawyer, insurance, insurance company, juries, killed, law, lawyer, lawyer help, Ledger, ledgerlaw.com, motorcycle accident, motorcycle accident attorney, Motorcycle Accident Lawyer, motorcycle accidents, motorcycle lawyer, motorcycles, Negligence, offer, settlement, state of california, statistics, traffic, traffic fatalities, vehicle, your rights
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Monday, June 28th, 2010
If you have been involved in an accident in the State of California, 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. First, however, you must determine who was responsible.
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. Under the laws of negligence, you must prove four basic elements in order to be entitled to compensation for your accident. The first element that you must prove is that the defendant owed a duty of care to the plaintiff. The defendant is the person that you believe is responsible for the accident. You are the plaintiff. The relationship between the two of you must have included a duty of care owed to you. This can be shown in many ways. Sometimes, the duty of care is obvious. For instance, if you were the passenger on an airplane – clearly the pilot owed you a duty to be careful flying the plane. In car accidents, the duty of care is often inferred by the simple fact that the other person was operating a vehicle on a public roadway. Each case is fact specific, but must include a duty of care owed to you.
Second, the defendant must have breached that duty of care. Again, sometimes this is obvious. If the defendant was driving while intoxicated for instance, they have clearly breached the duty of care. Other times, it is not so obvious. In the case of products that have caused injuries, it may take months or even years to determine who was responsible for breaching the duty of care, but is the product was defective then SOMEONE breached the duty. Airplane accidents can also take a substantial amount of investigating to determine the reason for the accident. Once the reason has been determined, your lawyer will have a better idea of who was responsible for breaching the duty of care.
The third element necessary for a negligence claim is that the defendant’s breach caused your injuries. The last element is that you show damages. “Damages” is the legal terms used to describe injuries. Damages can refer to property damages as well as physical and emotional injuries.
Once all four of these elements have been met, you and your lawyer are ready to file a personal injury accident lawsuit and recover the compensation that you are entitled to for the injuries that you suffered. If you have been injured in a California accident, then the responsible party is required to compensate you under the laws of negligence in the State of California.
For more information, or to schedule a free detailed evaluation of you accident case, please contact accident lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: accident, accident case, accident lawyer, accidents, airplane, airplane accident, airplane accidents, california accident lawyer, car accident, car accidents, compensation, damages, duty of care, juries, law, lawsuit, lawyer, ledgerlaw.com, legal terms, medical bill, medical bills, motorcycle accident, motorcycle accidents, Negligence, negligence claim, pain and suffering, pedestrian, pedestrian accident, pedestrian accidents, Personal Injury, personal injury accident, plaintiff, plane accident, responsible party, train accident, train accidents
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Wednesday, June 23rd, 2010
If you are like most accident victims in California, you are looking for the right lawyer to represent you in your negligence lawsuit. Accidents can happen at any time and take many forms. Common types of California accidents include car accidents, motorcycle accidents, train accidents and airplane accidents. Regardless of what type of accident you were in, if you suffered injuries as a result of someone else’s negligence, then you may be entitled to recover monetary compensation for those injuries from the responsible party or parties. Many victims schedule consultations with a small number of lawyers in an effort to determine which lawyer they feel is the right one to handle their case. Consultations are a great way to get to know your prospective lawyer and to ask any questions that you may have. If you have gotten to the point of scheduling consultations, then you want to be prepared to make the most out of the limit time that you have with the lawyer. The California accident law firm of Ledger & Ledger says that there are a number of things that you can do to prepare for a consultation with an accident lawyer:
1. Bring documents with you. Exactly what documents you may have will differ from case to case and may depend on what type of accident you were involved in, but can include police reports, insurance policies, product warranties and sales receipts. You are better off bringing everything that you think may be useful and let the lawyer decide what he wants to see.
2. Bring medical reports or discharge summaries. If you received any medical treatment after the accident, bring any paperwork that indicates what injuries you suffered and/or what treatment you received or are continuing to receive. Again, more is better if you are unsure what to bring.
3. Prepare a list of questions. Most initial consultations are limited to under an hour so you want to make sure that you ask all the important questions while you are there. What is important to you may be different than what is important to someone else, but common questions are: “How long have you been practicing law?” “What type of cases do you take?” “What is your success rate” and “What are your fees”. You may also want to ask practical questions about where their offices are located, how you will be able to communicate with them and what hours they are available for appointments.
By preparing yourself for your consultation with a California accident lawyer, you will get the most out of the consultation and the lawyer will be in a better position to answer your questions and evaluate your case.
If you are in need of a California accident attorney, please call the law offices of Ledger & Associates and make an appointment for a free and detailed evaluation with accident lawyer Emery Ledger. With over a decade of experience in all types of accident cases, attorney Ledger can answer all of your accident case questions. The law firm can be reached online at www.ledgerlaw.com or by calling 1-800-300-0001.
Tags: accident, accident attorney, accident case, accident cases, accident law firm, accident lawyer, accident victims, accidents, airplane, airplane accident, airplane accidents, amp, attorney, attorney ledger, california accident lawyer, car accident, car accidents, cat, compensation, consultation, dents, emery, emery ledger, insurance, juries, law, law offices, lawsuit, lawyer, lawyers, Ledger, ledgerlaw.com, medical treatment, monetary compensation, motorcycle accident, motorcycle accidents, Negligence, plane accident, police reports, responsible party, schedule, train accident, train accidents
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Monday, May 31st, 2010
With over 4 million motorcycles registered in the United States, it is clear that for those who love to ride, they are willing to risk the potential for injury. Statistics, as well as common sense, tells us that if you are involved in a motorcycle accident that the chance that you will suffer injury is great. With nothing between you and the road, or another car, you are likely to make direct contact with the road or another hard object. No airbags to soften the blow. Unfortunately, how safety conscious YOU are may not be as important as whether the other drivers on the road are watching out for you. Accident statistics tell us that well over half of the two vehicle accidents that involve a motorcycle are actually the fault of the person driving the passenger vehicle. What this means is that you can be obeying all traffic rules, wearing the proper reflective clothing and be an experienced biker and someone may still simply not see you and cause an accident. Motorcycle accidents, when they happen, can cause serious injuries. One of the most common injuries in a motorcycle accident is a head concussion or a traumatic brain injury. A concussion is a type of brain injury that is usually caused by a blow to the head and generally results in unconsciousness. A concussion can normally be treated easily and the patient may just need to go home and rest for a day or two. A traumatic brain injury, on the other hand, can have serious and lifelong consequences. That same blow to the head can cause the brain to become severely damaged. Many people think that a person must lose consciousness for there to be a serious injury. This is not so. You could be suffering from a serious brain injury after a motorcycle accident and not be aware of it. Wearing an approved helmet can reduce the risk of head injury by as much as 40%. Broken bones or joints are another common motorcycle accident injury. The most common breakages are the shoulder and the pelvis. Not surprisingly, when you collide with a hard surface, whether that is the road or another vehicle, your bones or joints can only withstand so much blunt force trauma before they snap. Road rash, or soft tissue injuries are also common injuries from a motorcycle accident. Some of these can be just minor surface scrapes, but others can be deep and leave serious scars. Road rash is what happens when exposed skin scrapes along the road during a collision. Wearing leather clothing or other protective gear can help reduce the risk or the severity of road rash in the event of an accident. If you have been in a motorcycle accident in the State of California and you believe that the accident was caused, in whole or in part, by the negligence of the other driver (or drivers), then you may have a valid California personal injury claim. If someone else was responsible for your injuries, then you may be able to receive compensation for those injuries – including money to repair your bike. Contact the motorcycle accident law firm of Ledger & Associates for a free detailed evaluation of your case. They can be reached at 1-800-300-0001 or visit them online at www.ledgerlaw.com
Tags: accident, accident attorney, accidents, airbags, amp, attorney, biker, blunt force trauma, brain injury, broken bones, california motorcycle, california motorcycle accident attorney, cars, claim, common sense, compensation, concussion, consequences, dents, fault, head injury, helmet, injury, injury claim, juries, law, Ledger, ledgerlaw.com, money, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycles, Negligence, Personal Injury, personal injury claim, reflective clothing, risk, road rash, safety, soft tissue, soft tissue injuries, state of california, states, statistics, suffering, traffic, traumatic brain injury, united states, vehicle, vehicle accident, vehicle accidents
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Saturday, May 29th, 2010
Motorcycle enthusiasts know that California is one of the best states to own and ride a motorcycle. The weather is conducive to riding for most of the year and the variety of topography keeps you from getting bored or seeing the same sights over and over again. With over 1.3 million registered motorcycles in California, it is clear that bikers are enjoying what California has to offer. Sadly, motorcycle accidents and fatalities are also on the rise in California. After reaching an all time low back in 1998, California motorcycle fatalities and serious injuries have been increasing each year since then. Motorcycle fatalities were down to 200 for the year 1998, however have been rising each year since then and are approaching the 500 number mark. Serious injuries have been rising as well over the last decade from a low of around 6,000 in 1998 to around 10,000 per year for the last few years. Motorcyclists also represent a disproportionate number of accidents compared to other forms of transportation. While bikers represent only 2.1% of all registered vehicles in California, they account for 9.4% of all traffic fatalities in the state. A motorcycle accident not only leaves you with damage to your bike – which may be your only form of transportation – but can leave you with serious or even life-threatening and permanent physical injuries as well. You may also suffer psychological trauma as a result of a motorcycle accident. So what legal options do you have if you have been involved in a motorcycle accident that was not your fault?
You may be entitled to receive compensation through a personal injury lawsuit. In the State of California, if the accident was not your fault, or your share of the fault (negligence in legal terms) was less than the other driver’s, then you may be entitled to compensation for the damages you have suffered. Damages is a legal term used to describe the injuries – physical and emotional – that you have suffered. In California, you may be entitled to receive both economic and non-economic damages. Economic damages are those things were directly caused by the other driver and are easily quantifiable. Examples of economic damages are: damage to your motorcycle; lost wages or income; medical bills; hospital bills; towing expenses and rental car expenses. You may also be entitled to non-economic damages. None-economic damages are harder to calculate. They include things such as: pain and suffering; loss of use; disfigurement; humiliation; disability; mental anguish and emotional distress. The value of your non-economic damages can be difficult to calculate as many factors go into determining the value such as the type and severity of any physical injuries you suffered, your age and general health before the accident and how the injuries may affect your future ability to earn a living or your future ability to engage in personal relationships.
If you have been involved in a California motorcycle accident, you owe it to yourself and your family to seek legal advice from an experienced motorcycle accident attorney immediately. If you were not at fault, then you have every right to hold the responsible party accountable for their negligence. Contact California motorcycle accident attorney Emery Ledger at Ledger & Associates for a free detailed evaluation of your case at 1-800-300-0001 or online at www.ledgerlaw.com.
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