Virginia Accident Lawyer Blog

The Virginia State Senate has recently passed Senate Bill 517, which if becomes effective, would set penalties for drivers who take their hands off of the wheel in order to hold a cell phone. While similar laws exist in the District of Columbia, this law had been proposed in Virginia since 2004, but had been tabled or passed over by the Senate during each session. This bill compliments the law prohibiting texting while driving which was passed last year.

The implications of this new law as it pertains to traffic violations is obvious, however, the implications on the civil side may be even far more reaching. Plaintiff and Defense attorneys have been asking drivers for years if they were on a cell phone at the time of an accident. The argument is, that if they were on the phone, they must have been distracted. While this information was persuasive to a judge or jury, it was not truly dispositive of the issue.

If Bill 517 becomes law, then the argument can be made that holding a cell phone at the time of an accident should be considered negligence as a matter of law. The burden would still be on the moving party to show that the phone was not being used hands free, but once that hurdle was made, either liability or contributory negligence could be established by motion or jury instruction.

If you, a family member, or someone you know has been involved in an automobile accident when the use of a cellular phone was the cause or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

If you, a family member or someone you know has been injured in a car accident or you would like more information on car accidents, please visit us on the web at http://www.portnerandshure.com.

On Wednesday morning a man was struck and killed in the Tyson's Corner area. The accident took place on eastbound Route 7/Leesburg Pike near the Beltway. The driver of a silver Toyota Camry fled the scene.

The car driver is guilty of a hit and run, in criminal court. The claim or a civil suit will depend, however, whether it can be shown that the pedestrian was in a crosswalk at the time of the accident. Apparently, there were witnesses, and an accident re-constructionist was dispatched to the scene.

As of now WTOP is still searching for the silver Toyota Camry with a damaged front bumper. If you have any information with respect to the accident please call the police at 703-691-2131.

If you, a family member, or someone you know was involved in a hit and run accident or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

In January 2010, Fairfax County agreed to pay 1.5 million to the family of a woman who was killed by a Fairfax County Police Officer in a car collision that occurred in 2008. Ashley McIntosh was a 33-year-old kindergarten assistant school teacher.

McIntosh was pulling out from Mount Vernon Shopping Plaza onto Route 1 with a green light when Officer Amanda Perry drove through a red light with her emergency lights on but no sirens.

As a result of the impact, McIntosh was ejected from her vehicle and died the very next day. The police officer was charged with reckless driving and McIntosh's family sued Perry for wrongful death.

A Fairfax County Circuit Court Judge ordered that Perry was not entitled to "sovereign immunity". Sovereign Immunity is defined as a judicial doctrine which precludes suit against the government without its consent. In other words, if the doctrine applied, the police officer could not be sued personally for damages caused by the result of his or her actions done as a result of her job duties and responsibilities. Therefore, in this situation the family of the decedent was permitted to file suit again the officer personally although the county will cover the legal bills for your actions as she was on duty when the accident occurred.

Virginia law grants police an exemption from traffic laws in an emergency. However, Perry was responding to a robbery in progress. The Fairfax Circuit Court Judge R. Terrence Ney said the capture of a shoplifter was not an emergency. Ney's ruling meant that attorneys for McIntosh's parents would only have to prove simple negligence at trial.

If you, a family member, or someone you know would like more information on sovereign immunity or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

Operators of commercial vehicles are required by law to carry a license specific to the size of the tractor trailer that is being driven. For example, a Class a license is required for operators of a vehicle with a weight in excess of 25,000 pounds. An operator of these larger vehicles has an obligation to use the appropriate standard of care when maneuvering such a vehicle. One must always be careful when sharing the road with these vehicles as the shear weight and size could make even the slightest of accidents deadly.

In January, a moving truck was traveling on Interstate 95 in Prince George County, Virginia when the driver reportedly feel asleep and went off the left side of the road. At some point the truck returned to the road before turning over on the passenger side. Another 18 wheeler did not see the vehicle obstructing the roadway until it was too late. The driver of the tractor trailer attempted to avoid colliding with the overturned truck without success and then smashed into the left shoulder guardrail.

The driver of the moving truck was pronounced dead at the scene while the passenger was flown to VCU Medical Center with critical injuries. The driver possessed a North Carolina drivers license. The driver of the tractor trailer was not injured. The police are investigating the collision further.

If you, a family member, or someone you know has ben injured in an accident involving a tractor trailer or if you would like more information on car accidents please visit us on the web at http://portnerandshure.com

An 18-year-old Ashburn man was killed on February 13, 2010, when he was struck by a vehicle while crossing Route 7 in Loudoun County, Virginia. Mr. Michael Guerrero was crossing Route 7 just east of George Washington Boulevard when he was struck by a PT Cruiser that was merging from the right hand turn lane. Immediately following the accident, Mr. Guerrero was taken to a local hospital were he died of injuries. Further investigation revealed that speed and alcohol was not a factor.

The key inquiry is such accidents are whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

If you, a family member, or someone you know was involved in a pedestrian accident or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

Over the weekend of February 13, 2010, a Florida man was killed on Interstate 95 near Fairfax County Parkway. The accident occurred when a Virginia Department of Transportation employee was stopped on the right shoulder of the road to assist a disabled vehicle. The victim was driving a Kia when he slammed into the rear of the VDOT vehicle, spun around and then hit an oncoming pickup truck that was trying to avoid the collision. Both the VDOT employee and operator of the pick up truck were transported to the hospital with injuries. Police stated that the victim was not wearing his seat belt.

Although emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the event that the emergency vehicle is not equipped with such signals.

If you, a family member, or someone you know was involved in an accident caused by an emergency vehicle or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

On January 1, 2010, an 18-year-old man died from a single vehicle crash in Spotsylvania County, VA.  He was driving on Massaponax Church Road when his car ran off the road and went down an embankment. He drove into a culvert and was pronounced dead at the scene of the crash.  It should be noted that he was not wearing his seat belt.

There are two different seat belt laws enforced in the United States.  Primary seat belt law allows officers to pull over and ticket the drivers without any other violations than not wearing their seatbelts. Secondary seatbelt law states that an officer can only ticket the driver for this particular violation when they are pulled over for another citable offense.  In Virginia, Secondary seat belt law is enforced.  Maybe if Virginia enforced a Primary seat belt law and educated the public, then this death could have been avoided.

If you, family member or someone you know would like to learn more about seat belt laws or if you would like more information on car accidents, please visit us on the web at  http://www.portnerandshure.com

In a decision published on January 18, 2010, Judge James V. Lane, of the Rockingham Circuit Court concluded that despite the fact that the plaintiff in a personal injury action had increased her damages request in a complaint refiled after taking a non-suit, that the case was still the same action, and did not run afoul of the statute of limitations. The judge's decision makes it permissible to refile an action after taking a non-suit, and changing the amount sued for.

For more information on automobile accidents and the rights of a pedestrian please visit us on the web at http://portnerandshure.com