Posts Tagged ‘national highway traffic safety’
Saturday, May 29th, 2010
California is one of the most beautiful states to own and ride a motorcycle in by anyone’s standards. If you are a California resident and motorcycle enthusiasts then you already know this. Where else can be ride along the ocean, through the mountains and end up in the desert all in one day? The weather is certainly another good reason to own and ride a bike in California. Sadly, the biggest drawback to riding, in any state, is the disproportionate number of accidents that motorcyclists are involved in compared to passenger vehicles.
Statistics from the National Highway Traffic Safety Administration show us that for every 100 million miles of motorcycle travel there are approximately 632 injuries. Compare this to only 122 injuries for the same miles of passenger car travel. The facts all point to motorcycle riding being more dangerous than riding in a passenger car. What makes these statistics even more frustrating for bikers is that those same statistics tell us that over two-thirds of the time when a motorcycle is involved in an accident with a passenger vehicle, the passenger vehicles is ultimately found to be negligent (at fault) for the accident. Clearly, the efforts at motorcycle safety over the past few decades have failed to educate the public about the need to be aware of motorcycles. So what can you do if you have been involved in a motorcycle accident and you believe the other driver was at fault?
A personal injury lawsuit is a way for an injured person to receive compensation from the responsible party. The State of California follows the rules of comparative negligence for personal injury motorcycle accidents. What this means, in essence, is that more than one person, or entity, can share the blame for an accident. In other words, if you are found to be 10% at fault – or negligent – for your accident, you may still be able to collect compensation for any damages or injuries that you suffered in the accident. Your settlement, or jury award, will simply be adjusted to reflect the percentage of negligence that you had in the accident. Therefore, as long as the other person was MORE at fault, you may have a valid personal injury lawsuit.
In a personal injury lawsuit, you may be able to collect for economic and non-economic damages. Examples of economic damages include things such as damage to your motorcycle, lost time form work and medical bills. Non-economic damages represent the suffering that you went through as a result of the accident. The value of your personal injury case will vary depending on a number of factors. If you would like to get an idea of whether you have a valid California motorcycle personal injury accident case, feel free to contact motorcycle attorney Emery Ledger of Ledger & Associates. Ledger & Associates have been fighting for the rights of motorcycle enthusiasts in the State of California for over a decade and will be happy to give you a free and detailed evaluation of your case. They can be contacted online at www.ledgerlaw.com or by calling 1-800-300-0001.
Tags: accident, accident attorney, accident case, accidents, attorney biker, bikers, california motorcycle, california motorcycle accident attorney, cat, comparative negligence, compensation, damages, dents, economic damages, emery, emery ledger, fault, highway traffic safety, injury, injury accident, injury motorcycle accidents, jury award, law, lawsuit, lawsuits, Ledger, ledgerlaw.com, medical bill, medical bills, motorcycle accident, motorcycle accident attorney, motorcycle accidents, motorcycle attorney, motorcycle enthusiasts, motorcycle riding, Motorcycle safety, motorcycle travel, motorcycles, motorcyclist, motorcyclists, national highway traffic, national highway traffic safety, national highway traffic safety administration, Negligence, Personal Injury, personal injury accident, personal injury case, personal injury law, personal injury lawsuit, personal injury lawsuits, responsible party, safety, safety administration, settlement
Posted in Motorcycle Accident Lawyer | No Comments »
Saturday, April 24th, 2010
Orange County California is undoubtedly one of the most desirable locations to be a motorcycle owner. Who wouldn’t want to jump on a bike and take a ride along the Pacific Coast or take a day trip up into the nearby mountains? For true motorcycle enthusiasts, there is simply nothing like the freedom you feel on your bike. Sadly, that freedom is interrupted all too often by motorists who pay no attention to bikes and cause collisions. Despite efforts in recent years to educate drivers about the presence of motorcycles, accidents continue to happen. In fact, motorcycle fatalities may be increasing not decreasing. According to a recent report by the National Highway Traffic Safety Administration (HNTSA), fatalities per million miles traveled for motorcyclists have almost doubled from 1997 to 2004.
According to motorcycle accident attorney Emery Ledger of Ledger & Associates, the Orange County statistics aren’t much better. For the year 2008 – the latest year for which records are available – there were 801 injury accidents involving motorcycles and 35 fatalities according to the California Highway Patrol. With almost 60,000 motorcycles registered in Orange County, it is not surprising that they are involved in collisions; however their involvement is disproportionate to the percentage of all vehicles driven in the county. Motorcycles represent about 2.5% of all vehicles registered in the county, yet they are involved in almost 7% of all injury accidents. Statistics also tell us that the vast majority of the time, the motorcyclist wasn’t at fault in the accident.
So how do you know what your Orange County motorcycle accident case is worth if you have been involved in an accident that wasn’t your fault? There is no exact formula, however the value of your case will be a combination of economic and non-economic damages. Under California law, you are entitled to be compensated for all out of pocket expenses (economic damages) such as medical bills, damage to your bike and lost wages from missing work. You may also be entitled to compensation for your non-economic damages. These are the damages that people commonly refer to as “pain and suffering”. Non-economic damages actually cover a variety of non-quantifiable damages such as disfigurement, grief, loss of enjoyment of life and humiliation. These damages are much more difficult to put a number on as they are very case specific. In certain cases, punitive damages may also be applicable. Once all of these damages have been determined by you and your attorney, a demand will be made to the responsible party’s insurance provider. If a settlement amount that is acceptable to you is not reached, then you will take your case to a jury trial and they will decide how much you will be awarded
As every motorcycle accident case presents a slightly different set of circumstances, the best thing you can do is consult with an experienced Orange county motorcycle accident attorney to get an idea of exactly what your case is worth. For a free and detailed evaluation of your Orange County motorcycle accident case, please call Attorney Emery Ledger of Ledger & Associates r 1-800-300-0001 or visit www.ledgerlaw.com
Tags: accident, accident attorney, accident case, accidents, attorney, California highway patrol, california law, collisions, compensation, damages, economic damages, emery, emery ledger, fault, grief, highway traffic safety, injury, injury accident, injury accidents, law, Ledger, ledgerlaw.com, medical bill, medical bills, motorcycle accident, motorcycle accident attorney, motorcycle enthusiasts, motorcycles, motorcyclist, motorcyclists, motorists, national highway traffic, national highway traffic safety, national highway traffic safety administration, orange, pacific coast, pain and suffering, punitive damages, responsible party, settlement, suffering
Posted in Motorcycle Accident Lawyer | No Comments »
Sunday, March 21st, 2010
In lieu of the three recent Toyota recalls, many people are asking what legal options they may have if they have been injured in an accident involving a recalled vehicle, according to Los Angeles personal injury attorney Emery Ledger of Ledger & Associates. With over 8.5 million vehicles recalled in three separate recalls over the last six months, the number of accidents and deaths attributable to recalled vehicles continues to climb. The latest reports link over 50 deaths and hundreds of accidents to recalled Toyota manufactured vehicles. According to complaint filed with the National Highway Traffic Safety Administration (NHTSA), complaints involving accidents go back as far as the mid 1990’s, although cars that old are not currently part of one of the recalls. If you have been injured in an accident with a recalled vehicle, what are your legal options?
According to Los Angeles personal injury attorney Emery Ledger of Ledger & Associates, you may have a personal injury claim against the manufacturer. While each car accident has a unique set of facts, they all operate under the rules of negligence. Negligence, in legal terms, means fault or blame. In most car accidents, the negligent party is one of the drivers involved in the accident. Maybe someone ran a stop light or drifted into another lane. These are typical examples of negligence. You may not realize that a company can also be negligent.
Negligence basically requires that four elements be proven: Duty of care; breach of duty; causation; and damages, says Los Angeles personal injury attorney Emery Ledger. A vehicle manufacturer generally owes a duty of care to the people that will be driving, or riding, in a vehicle that they produce. If they have produced a vehicle with a defective part, then the argument is that they have breached their duty of care to the passengers in the vehicle. If that defective part is the cause of the accident, then causation has been met. Lastly, if someone is injured in the accident, then the damages element has also been met. While this is an overly simplified analysis of the elements of negligence, it gives you an idea how a vehicle manufacturer can be held responsible for injuries suffered in a car accident.
Additionally, in many states – California among them – more than one party can be held responsible for an accident. This is called a “comparative negligence” theory, according to Los Angeles personal injury attorney Emery Ledger. What this means is that a vehicle manufacturer and a driver could both share the blame for and accident. Only an experienced Los Angeles personal injury attorney can evaluate the specific facts and circumstances surrounding your case, but if you have been injured in a car accident involving a recalled vehicle, then you should seek the guidance of an attorney as soon as possible.
For an evaluation of you case, or if you would like additional information, contact Los Angeles personal injury attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: causation, claim, comparative negligence, damages, deaths, duty of care, elements of negligence, emery, emery ledger, fault, four elements, highway traffic safety, injury, injury claim, istration, juries, law, Ledger, legal options, legal terms, los angeles personal injury attorney, million vehicles, national highway traffic, national highway traffic safety, national highway traffic safety administration, Negligence, nhtsa, Personal Injury, personal injury attorney, personal injury claim, recalls, safety, toy, toyota, toyota recall, traffic, traffic safety administration, typical examples, vehicle
Posted in Toyota Recall Attorney | No Comments »
Tuesday, March 9th, 2010
Anyone who drives on a regular basis knows that sooner or later you have to drive at night. For some people, driving at night is a necessary and regular occurrence. For people who work at night or go to school at night, nighttime driving is unavoidable. For the rest of us, we generally find ourselves driving at night at least once or twice a week. Some people will tell you that they don’t like to drive at night. Others claim that they prefer to drive at night. Regardless of whether you are one of those that prefers to drive at night or one of those that would just as soon not, the reality is that nighttime driving is considerably more dangerous than daytime driving. What is it that makes the dark such a dangerous backdrop for driving?
There are a number of factors that make nighttime driving more dangerous than daytime driving – despite that fact that there are substantially fewer vehicles on the road at night. At night, even under the best of circumstances, we are missing many of the visual cues that we use during the day for driving. We can’t see the signs as well – especially on rural roads that are not well lit. This makes it easier to miss a warning sign for an upcoming curve or even a stop sign at an intersection. The line markings on the side of the road are harder to make out. Even oncoming vehicles are harder to see at night. We are accustomed to looking for these cues – subconsciously – to tell us where we are and where we need to be. The darkness leaves us without much of the framework that we use during the day to drive safely.
Another issue that is frequently found to be the cause of accidents at night is fatigue. If you are accustomed to sleeping at night, then your body will become sleepy at some point while driving at night. Even if you take a nap during the day to prepare for your nighttime driving, your internal clock is still set to get sleepy at night. If you are one of the millions of people that work the graveyard shift, then maybe you are used to being awake at night, but the majority of the people out on the roads with you aren’t. So even if you aren’t getting sleepy, chances are that the guy driving next to you or the lady coming at you down the road may be falling asleep at the wheel. According to the National Highway Traffic Safety Administration, the fatal crash rate for accidents that happen at night is three to four times higher than accidents that happen during the day.
Lastly, more drunk driving accidents happen at night. Statistics also tell us that nighttime drivers were almost four times more likely to be killed in a drunk driving accident than were daytime drivers. Again, your own driving behavior may be impeccable but you must also take into consideration the other drivers out on the road with you and the chances are higher at night that they have had too much to drink.
If you have been involved in an auto accident and would like an experienced California auto accident attorney to evaluate your case, contact Emery Ledger of Ledger & Associates on his website at www.ledgerlaw.com or at his toll-free number – 1-800-300-0001.
Tags: accident, accident attorney, accidents, attorney, auto, auto accident, auto accident attorney, cause of accidents, claim, crash, driving at night, drunk driving accident, drunk driving accidents, emery, fatigue, highway traffic safety, killed, law, Ledger, national highway traffic, national highway traffic safety, national highway traffic safety administration, safety, statistics, traffic, traffic safety administration, vehicle
Posted in Auto Accident Lawyer | No Comments »
Friday, March 5th, 2010
Law makers, regulators, watchdog groups and concerned citizens keep espousing the dangers of talking on cell phones while driving yet many of us keep doing it anyway. Sadly, another example of how deadly the consequences can be occurred last Thursday in Santa Clara County, California.
According to the Gilroy Dispatch, 75 year old Steven Kroff, of San Martin, was driving his Sebring Convertible southbound on No Name Uno in North Gilroy. He approached the intersection at No Name Uno and Buena Vista where he was required to stop. He did come to complete stop but then began to pull out into the intersection. Traffic traveling East-West on Buena Vista is not required to stop at that intersection. Immediately upon interring the intersection, Mr. Kroff was struck by an oncoming truck. The truck, which crushed the driver’s side of the Sebring, was driven by a 40 year old Gilroy woman. Steven Kroff was pronounced dead the scene and the driver of the truck was taken to a nearby hospital. Upon investigation by law enforcement, they discovered that Mr. Kroff had been talking on his cell phone at the time of the collision which may explain why he pulled out in front of the oncoming truck. Reports did not specify whether he was talking on a hands-free device or not, but California is one of six states that prohibit all drivers from using handheld devices while driving, according to personal injury attorney Emery Ledger of Ledger & Associates in California.
Attorney Ledger points to the statistics for driving while talking to explain the dangers of using handheld devices while driving. “Statistics tell us that talking on a cell phone can contribute to as many as 25% of all auto accident” according to Attorney Ledger. The National Highway Traffic Safety Administration (NHTSA) released a study in 2005 that found that at least 10% of all drivers on the road at any given time of the day are using cell phones. That amounts to about 800,000 people talking while driving on the nation’s highways at any given time of the day. Estimates are that about 2,600 people are killed each year as a result of using a cell phone while driving and another 300,000 or more are injured because one of the driver’s was using a cell phone while driving. “Using a cell phone while driving is a form of distracted driving”, says Attorney Emery Ledger. Anything that takes your attention off the road, even for a second, creates a distraction and can lead to an auto accident. The vast majority of accidents – close to 80% – can be attributed to some form of distracted driving. Regrettably, Mr. Kroff may have lost his life last week in a tragic accident that never should have happened and could have been prevented.
If you have been the victim of an accident and you believe that the use of a cell phone contributed to the accident, then you may have a personal injury case. For more information, or for an evaluation of your accident, please contact Emery Ledger of Ledger & Associates online at www.ledgerlaw.com or toll-free at 1-800-300-0001.
Tags: accident, accidents, amp, ational, attorney, auto, auto accident, california attorney, cell phone, cell phone while driving, consequences, crash, distraction, dog, handheld devices, highway traffic safety, highways, injury, istration, killed, law, Ledger, national highway traffic, national highway traffic safety, national highway traffic safety administration, nhtsa, noun, Personal Injury, personal injury attorney, personal injury case, regulators, safety, statistics, traffic, traffic safety administration, tragic accident, watchdog groups
Posted in Auto Accident Lawyer | No Comments »
Thursday, March 4th, 2010
With over eight million vehicles involved in the three recent Toyota recalls, the world is waiting to see whether Toyota steps up to the plate and does what is legally required of them – fix the problems. Just last week, Toyota Motor Corporation’s president, Akio Toyoda, testified in front of congressional leaders in Washington D.C., and assured them, and the American people, that his company was doing everything necessary to repair the defective vehicles. Mr. Toyoda was asked about the possibility that electrical problems were to blame for the sudden acceleration problems – not floor mats and sticky pedals. My Toyoda repeatedly rejected the possibility that there is a much deeper, electrical issue that is causing the sudden acceleration problems and reaffirmed Toyota Motor Corporation’s position that the repairs they have initiated will solve the problems.
Toyota owners world wide would like to believe that the announced repairs will fix their vehicles and prevent any further deaths or injuries. To date, Toyota manufactured vehicles have been blamed for 52 deaths and at least 40 injuries. What makes these defects even worse than other potential defects is that when a vehicle accelerates out of control, the results are almost always tragic. When a vehicle races out of control and the driver is unable to stop, the resulting crash is frequently catastrophic – as evidenced by the number of deaths attributable to the defects. The importance of getting a handle on these defects cannot be understated. Yet, here we are, less than a week after Mr. Toyoda’s appearance in Washington D.C. and complaints are continuing to pour into the National Highway Traffic Safety Administration (NHTSA). What’s worse is that this new round of complaints are on vehicles that have supposedly been fixed by Toyota according to product liability and auto accident attorney Emery Ledger, of Ledger & Associates in California.
The NTHSA has received ten new complaints in the last few days – all for unintended acceleration problems and all for vehicles that have allegedly received Toyota’s “fix”. Lawmakers and regulators are initiating a separate investigation into this new round of complaints in an effort to determine if the electrical system is actually at fault. If that turns out to be the case, then it will have far reaching consequences. More vehicles may ultimately be affected and Toyota will not be able to use their announced repairs to fix the problem. Toyota owners have been complaining for years about unintended acceleration with some complaints going all the way back to the 1990’s. For now, it appears as though current owners of Toyota manufactured vehicles are forced to sit back and wait for the lawmakers and regulators to figure out what is really behind the unintended acceleration problems.
If you have been involved in an accident with a recalled Toyota manufactured vehicle, or if you have any additional questions about the laws regarding recalled vehicles, feel free to contact Emery Ledger at Ledger & Associates online at www.ledgerlaw.com or at his toll free number 1-800-300-0001.
Tags: acceleration, acceleration problems, accident, accident attorney, akio toyoda, amp, at fault, ational, attorney, auto, auto accident, auto accident attorney, cat, congressional leaders, consequences, crash, deaths, defective vehicles, electrical problems, fault, floor mat, floor mats, highway traffic safety, istration, juries, law, lawmakers, Ledger, liability, million vehicles, national highway traffic, national highway traffic safety, national highway traffic safety administration, nhtsa, noun, nthsa, product liability, recalls, regulators, safety, sudden acceleration, toy, toyota, toyota motor, toyota owners, toyota recall, traffic, traffic safety administration, vehicle
Posted in Toyota Recall Attorney | No Comments »
Friday, February 26th, 2010
Mother of Runaway Lexus Victims Testifies at Congressional Hearings:
Last August 28th, a full two months before the first of the Toyota recalls were announced, 911 operators in California received a frantic 911 call with someone on the other end saying “hold on, hold on and pray, pray”. That call was made by Chris Lastrella while he, his sister, brother-in-law and niece were barreling down the road at over 120 miles per hour in their runaway Lexus ES-350 in San Diego, California. Mark Saylor, a decorated highway patrolman was driving the vehicle when it suddenly accelerated to 120 miles per hour as he was approaching an intersection. Unable to stop the runaway vehicle, he ultimately lost control and the vehicle, with his wife, daughter and brother-in-law aboard, plunged into a canyon killing all four of them. At the time, it was considered a “freak accident” with no apparent cause. Sadly, we now know that it was due to defective parts that are now part of one of three Toyota recalls covering over 8 million vehicles. Had Toyota announced those recalls just six months earlier, that phone call never would have been made.
Fe Niosco Lastrella lost four of her family members that day. She testified this week in the congressional hearings that were held by the House Oversight and Government Reform Committee in Washington, D.C. Ms. Lastrella was there as the voice of all the victims of Toyota accidents caused by the defective vehicles. The Committee, along with various other government and watchdog groups, is investigating whether the recalls were announced timely as well as other recall related questions. To date, the recalled vehicles have been responsible for at least 39 deaths. What makes this accident an even bigger tragedy is that complaints about sudden acceleration had been pouring in to the National Highway Traffic Safety Administration (NHTSA) and to Toyota officials for years before the first recall was announced. Congressional leaders have accounted for no fewer than 2,500 complaints made to the NHTSA about sudden acceleration problems in Toyota made vehicles. Additionally, State Farm Auto Insurance, one of the nation’s biggest auto insurers had also alerted NHTSA to more than 900 instances of sudden acceleration in Toyota vehicles over the past ten years, but apparently a full investigation was never opened.
Toyota Motor President Akio Toyodo also testified at the hearings and offered his condolences to Ms. Lastrella and all the other families of accident victims. While his apologies are appreciated, many are asking whether these tragedies could have been prevented altogether. Why did it take such disastrous accidents like this one before a recall was announced? Why did 39 people have to lose their lives and countless others have to suffer injuries before these vehicles were taken off the roadways and the defects repaired? These questions, and others, are what the congressional leaders are hoping to answer this week in Washington, D.C.
We applaud Ms. Lastrella’s courage and offer our condolences to her and to the families of all the other Toyota accidents victims around the world. If you, or a family member, have suffered injuries as a result of an accident involving one of the recalled vehicles and would like to discuss any legal options you may have with and experienced California personal injury attorney, then please call the offices of Ledger & Associates at 1-800-300-0001 or visit us online at www.ledgerlaw.com.
Tags: 911 operators, apparent cause, defective vehicles, freak accident, government reform committee, highway patrolman, highway traffic safety, house oversight and government reform committee, million vehicles, national highway traffic, national highway traffic safety, national highway traffic safety administration, national highway traffic safety administration nhtsa, san diego california, sister brother, sudden acceleration, traffic safety administration, watchdog groups, wife daughter
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