February 2010 Archives

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 contact Portner & Shure.

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 been injured in an accident involving a tractor trailer or if you would like more information on car accidents please contact Portner & Shure.

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 contact Portner & Shure.

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 contact Portner & Shure.

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.

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.

If you drink and drive you can be charges criminally for driving under the influence (DUI). If you drink and drive and get involved in an accident and kill someone you can be charges with manslaughter. Such was the case for Travis Isaac of Woodbridge, Virginia.

Isaac drank, then drove the wrong way on the Capital Beltway. He smashed and killed a Fairfax County woman and was just sentenced to nine years in prison by a jury that convicted him of aggravated involuntary manslaughter.

The facts of this case are both horrific and sad. The victim was just 28 years old and was a mother of two young children. She was headed home after working at the Cadillac Ranch Restaurant at National Harbor. As she neared the Van Dorn Street exit on the inner loop, her Nissan was met head on by a Lincoln LS Sedan driver who had a previous conviction for drunken driving. The victim was killed instantly.

If you, a family member or someone you know has been injured in a motor vehicle due to a drunk driver or you would like more information on car accidents, please contact the Virginia personl injury attorneys at Portner & Shure.

In Virginia, when motor vehicles are traveling in the same direction there are duties placed on all drivers. The driver of any motor vehicle has an obligation to use due care and caution when following another vehicle. The operator must have regard for speed and weather conditions and maintain a safe distance from the vehicle directly in front of them. Failure to pay full attention could result in a rear end collision.

For example, on January 20, 2010, a 25-year-old woman was traveling on Mims Street in Fairfax County, Virginia. She struck the rear of a dump truck. As a result of the impact she was killed.

Although the accident is still under investigation with the Fairfax County Police Department, this is an example of how important it is to be cautious when operating a vehicle. Bodily injuries from rear end collisions can range from soft tissue injuries such as whiplash to broken bones or in this case, death.

If you, a family member or someone you know has been injured in a rear end collision or you would like more information on car accidents, please contact the personal injury lawyers at Portner & Shure.