March 2010 Archives

A bill has recently been drafted and approved by the House which would require anyone under the age of 18 to wear a seat belt. The bill is on its way to Governor Bob McDonell to sign, amend, or veto. The current law states that anyone riding in the front seat is required to wear a seat belt, however, the recent bill also extends to all minors riding in the back seat of a vehicle. Research reveals that countless injuries and evan fatalities could be averted by persons in the back seat wearing seat belts. Police Officers could only issue a citation for $25 if the driver is pulled over for some other reason. Any bill that make a seat belt violation a primary offense would regularly fall before the legislature.

If you, a family member, or someone you know was injured as the result of an automobile accident or if you would like more information on car accidents, please contact Portner & Shure.

On March 15, 2010, a single vehicle truck accident turned fatal for an Alexandria, Virginia man. The driver of the truck crashed into a tree in the center median of the northbound lanes and was pinned inside the vehicle for a period of time. He was rescued by the Arlington County Fire Department and was transported to Fairfax Hospital for injuries. The driver later died of those injuries. An accident re-constructionist was called to the scene to help determine the cause of the accident.

If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

If you, a family member, or someone you know has been involved has sustained bodily injuries as a result of a personal injury accident or if you would like more information on car accidents, please contact Portner & Shure.

Routine traffic stops are conducted regularly to help promote safety within the community. Some of the most common reasons for these stops are violation of seat belt laws, broken or non-operating tail lights, speeding, or even failure to signal a lane change just to name a few. Last month, what would have been a routine traffic stop for speeding turned into a high speed police pursuit when the Fairfax County police attempted to pull over an individual on Interstate 495.

The teen aged driver attempted to elude police and sped away. The pursuit lasted several minutes before the driver lost control of his vehicle and crashed on the westbound ramp of Route 66 in Virginia. It was later discovered that the driver was driving on a revoked drivers license and was in possession of marijuana and a concealed weapon. He faces charges of grand larceny, speed to elude, possession with the intent to distribute, amongst other charges.

If you, a family member, or someone you know was involved in a motor vehicle accident or if you would like more information or car accidents, please contact Portner & Shure.

On Wednesday evening a Loudoun County man was having dinner with his daughter at a local California Tortilla when the driver of a 2003 Acura SUV plowed through the front of the shop and into the dining area.  Both victims were transported to Inova Loudoun Hospital for injuries.

The police stated that the driver of the SUV was trying to hit the brake when he accidentally hit the gas pedal instead. His foot got stuck on the accelerator when he reached into the back seat for something and lost control of the vehicle. The police have charged him with reckless driving.

In addition to the criminal charges being brought against the driver there are several claims that can be pursued in a situation such as this. The driver of the SUV may be responsible for the damages to the restaurant property in addition to any bodily injuries suffered by its patrons.  
 
If you, a family member, or someone you know has been struck by motor vehicle or if you would like more information on car accidents, please contact Portner & Shure.

New legislation that the governor may sign states that if you are under 18, and get convicted twice, you could lose your license and car. This legislation is just one of several bills aimed at under age drinking.

A secured bill would change current law to prevent a judge from allowing people convicted of driving under the influence from driving to and from school on a restricted drivers' license. Both Maryland and Virginia are debating whether to require an ignition interlock system on the car of anyone convicted of a DUI, even first time offenders. Ignition interlock requires the driver to blow into a breathalyzer before the car can start.

If you, a family member, or someone you know has been charged with driving under the influence or if you would like more information on car accidents, please contact Portner & Shure.

The Virginia Senate is currently considering a bill that would significantly increase the filing fees in both the General District and Circuit Courts.  The filing fee increases would change the General District from costs from $27 to $75, and more dramatically, the Circuit Court fees would increase from $60/$110 to $500 in cases being brought for less than a million dollars, and $1000 for cases which claim one million or more.  While the motivation for these changes is to pay for Sheriffs and Commonwealth Attorneys, these changes could have far sweeping implications on potential Plaintiffs.

While it is unlikely that cases with large potential damages will be affected in any way, the new fees could have the effect of discouraging smaller claims with merit, as potential plaintiffs may not have the ability to pay such large filing fees up front.  If adopted, the Commonwealth of Virginia would have among the highest fees in the nation.  They would dwarf the filing costs of the states in this region.

An interesting and unlikely ally to the "little guy" regarding this issue, are companies that have significant collection practices.  Medical providers such as hospitals, real estate companies and other large billing institutions would see a dramatic increase in collection costs, which could ultimately deter creditors from filing as many claims.  Ultimately, when large companies and institutions can't collect on outstanding bills, these losses cause the bills for the rest of us to rise.

If you, a family member, or someone you know would like more information regarding the filing fee's for District and Circuit Courts in Virginia or if you would like more information of automobile accidents, please visit us on the web at Portner & Shure.

On March 7, 2010, in the early morning hours a single vehicle collision left one dead and another in critical condition in Reston, Virginia. The Fairfax County Police Department says that at approximately 4:30 a.m. the driver of a Toyota Minivan went off of Walker Road and struck a tree. An accident re-constructionist has noted that the driver apparently went off the right side of the road, over corrected and then drove off the left side of the road before hitting the tree. The driver was pronounced dead at the scene and the passenger was taken to an area hospital with life-threatening injuries. Police believe that speed may have been a factor in this accident.

Death Benefit insurance benefits can be claimed  in the event a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. In addition to Death Benefits, it is possible for the passenger to also pursue Med-Pay Benefits, which could aid a family in medical expenses. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

If you, a family member, or someone you know has been involved in a serious motor vehicle collision or if you would like more information on car accidents, please contact Portner & Shure. 

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 contact Portner & Shure.

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 driver is guilty of a hit and run in criminal court. The claim or a civil suit will depend, however, on 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 pedestrian accident or if you would like more information on car accidents, please visit us on the web at Portner & Shure.