April 2010 Archives

Multiple car accidents are common on Interstate 95. Due to the high rate of speed people are traveling, a one car collision often results in a chain reaction. Recently, the driver of a dump truck lost control of his vehicle and struck 12 other vehicles near the Prince William Parkway in Virginia. As a result of these collisions five individuals were taken to area hospitals for bodily injuries. The driver of the dump truck was charged with reckless driving. However, the Virginia State Police stated that the driver had suffered a medical emergency at the time he lost control of the vehicle.

The injured parties may be able to pursue a claim for property damage and personal injuries as a result of this automobile collision. With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision. The insurance carrier will carefully evaluate these claims. You should have a Virginia accident lawyer to protect your interest in such a claim. Here, if the medical emergency defense is not properly countered, it could destroy a drivers claim.

If you, a family member, or someone you know have been injured in a multiple vehicle accident or if you would like more information on car accidents truck accidents, or the "medical emergency defense", please visit us on the web at http://portnerandshure.com  and contact or Virginia accident lawyers for a free legal consultation.

A Fairfax County Police officer was seriously injured in an automobile accident in Prince William County, Virginia.   The automobile accident occurred at approximately 5:00 p.m. on April 3, 2010.  The driver of the other vehicle, John Aubrey Cook, was operating his car under the influence of alcohol, ran a red light and collided with the 43 year old Fairfax County Police Officer who was driving a 2005 GMC Savana.  The automobile accident occurred at the intersection of Prince William Parkway and University Boulevard.  Mr. Cook's 23 year old daughter who was a passenger in his vehicle was also seriously injured.

The Officer was transported by helicopter to a local hospital with injuries that included fractured ribs and a collapsed lung.  

Mr. Cook, who ran the red light and struck the Police Officer who was making a left turn from University Parkway on to Prince William Parkway, is currently being held without bond.  He is being charged with maiming another person while driving under the influence, possession of marijuana and driving on a suspended license.  

The officer who was injured in this automobile accident has a claim for personal injuries against the driver of the other vehicle in addition to a claim for punishment/punitive damages.  Many States do not allow a claim for punitive damages in these types of automobile accident cases.  Virginia personal injury law makes a specific exception if the defendant's blood alcohol level is .15 or higher.  http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-44.5

If you, a family member or someone you know has been injured in an automobile accident or your would like more information on automobile accidents or punitive damages, you can visit us on the web at http://www.portnerandshure.com or call for a  free consultation with one of our experienced Virginia accident lawyers.  

Tuesday, March 20, 2010, two cars were involved in a fender bender on Route 7 near the Fairfax County line.  While stopped in the left lane on Route 7, most vehicles slowly moved around the accident.  Unfortunately, at some point a 2003 Ford Expedition came upon the line of traffic and did not stop and plowed into a 2005 Jeep, pushing that vehicle into a 2006 BMW, which sent the BMW into a BMW SUV and that vehicle into a Chevy Suburban.  The first crash in the chain, a 2005 Nissan plowed into the Expedition forcing it into the underside of the Jeep, causing the Jeep to catch fire.

Other motorists stopped to assist the driver of the Jeep from her burning vehicle and she was transported to Washington Hospital Center.  The drivers of the BMW and Nissan were also transported to nearby hospitals for their injuries.

Police officials stated the cause of the accident was insufficient following distance and distracted driving.  

Given the number of impacts each vehicle felt, the driver and occupants of that vehicle would be entitled to make a claim for injuries against each of the other drivers that struck their vehicle for bodily injuries and property damage.  In these types of automobile accidents it is a difficult task to determine, which driver is liable without the assistance of an experienced personal injury lawyer, who will conduct their own investigation and interview witnesses and all parties involved.  Due to finger pointing among the parties involved, many of these cases result in lawsuits rather than settlements.

If you , a family member, or someone you know has been involved in an automobile accident or you need more information, please visit us on the web at http://www.portnerandshure.com.

On Friday March 26, 2010, a motor vehicle incident on Interstate 95 in Woodbridge, Virginia left two men jailed and facing charges. The altercation was between the drivers of a dump truck and a Jaguar during rush hour traffic. A toddler was inside the car at the time of the incident. A witness stated that the driver of the dump truck intentionally rammed his vehicle into the Jaguar and struck several other vehicles as well. Both vehicles were left with severe property damage. At some point a gun was pulled out and shots were fired.

Police responded and charged the truck driver with reckless driving, and other charges. The driver of the Jaguar is also facing charges stemming from possession of a firearm and the use thereof.

Although it is unclear what started this altercation, it is clear that a motor vehicle altercation such as this can cause severe bodily injuries or even death. Fortunately the Virginia State Police were able to get the situation under control before further injuries and damages were done.

An intentional tort is defined as "a tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure." This situation is a perfect example of an intentional tort. If the driver willingly got behind the wheel of a car and struck a crowd of people in an effort to hurt or injure anyone then his actions can be classified as an intentional tort.

Assuming the automobile insurance carrier covers this intentional act, the injured individuals in this situation could pursue a claim for bodily injuries against the "at fault party." The insurance carrier would normally be responsible for medical expenses, lost wages, pain and suffering or even mental distress. However, when a party contributes to the cause of accident or acts intentionally, the insurance carrier could claim that he was "contribulatory negligent" and bar him/her from any recovery.

If you, a family member, or someone you know has been injured in an automobile accident wherein you were struck intentionally or if you would like more information on automobile accidents, please visit us on the web at http://portnerandshure.com

It can be difficult to determine who is at fault in an automobile accident involving a pedestrian. 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.

On April 5, 2010, a 18-year-old man was hit by a motorcoach bus and dragged approximately 50 feet. He was crossing a street in Woodbridge, Virginia. The police responded to the scene and are currently investigating the claim. In the event witnesses are not helpful, an accident re-constructionist may be able to determine the location of the impact.

If you, a family member, or someone you know was involved in a pedestrian related accident and would like a free legal consultation or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com. Our Virginia accident attorneys are available to assist you with your claim.

Virginia is about to become the 34^th state to increase the speed limit. Depending on the area of travel, some drivers will be able to legally drive faster. Virginia is about to increase the speed limit on rural stretches of the highway to 70 miles per hour, or even higher. The current speed limits in those areas are 65 miles per hour. The General Assembly raised the speed limit and Governor Bob McDonnell supports this increase.

However, the President for the Insurance Institute for Highway Safety says that higher speeds on these roads, or any roads for that matter, are dangerous. The supporters of this bill have reviewed statistics that indicate that highway deaths and fatalities are declining even with the speed limits rising. They further believe that modern cars and trucks are designed to operate safely at 65-70 miles per hour.

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