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
]]>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
]]>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
]]>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
]]>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
]]>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
]]>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
]]>The advantage that this ruling provides to a Plaintiff's attorney in a personal injury action is an important one. In cases where additional treatment or injuries must be addressed during the course of discovery leading up to trial, this provides an additional method for changing the amount sued for to encompass the increase in damages. Without this, the only way to increase the amount sued for would be to amend the complaint. Due to the Northern Virginia Courts' strict adhearance to the requirement that a case be concluded within one year of filing, a late amendment can become almost impossible.
This ruling seems appropriate because many cases involve treatment and injuries that take years to conclude or discover. The requirement that a case be filed within two years, sometimes leaves the Plaintiff's attorney in a difficult position, in that they must estimate what the damages might be like a year down the road. If the damages unexpectedly increase dramatically, the non-suit procedure may provide a necessary method to properly provide for the injured Plaintiff.
If you or someone you know would like more information on the Non-Suit Powers in Virginia please visit us on the web at http://portnerandshure.com
]]>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 visit us on the web at http://portnerandshure.com
]]>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 visit us on the web at http://portnerandshure.com
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