Virginia Accident Lawyer Blog

Automobile Accidents and Road Workers. What are the Rules?

2010-06-09T17:02:33Z

Road workers throughout the United States are often struck during the course of their jobs. Additionally, they often cause other cars to strike each other because the work area is not properly designated or marked. Many of these automobile accidents often lead to tragedies. However, they can be avoided if the road workers are more familiar with, and follow safety procedures. In addition to State highway workers, companies that contract for road work are given copies of the safety rules.

Recently, a contractor was killed on Eastbound Rt. 50 when he was either deploying or retrieving traffic counting equipment. The employee was wearing reflective clothing. Safety rules require a spotter to assist the worker in these situations. No spotter was used. You can learn more about this accident in the Baltimore Sun http://www.baltimoresun.com/news/maryland/anne-arundel/bs-md-ar-pedestrian-struck-20100603,0,2076432.story. Further, State highway needs to be notified ahead of time before contractors begin work. They can often lend support. In this instance, they were not called. In addition, to aid drivers, and workers, the rules state the shoulder should be marked off with a tapered line of orange cones blocking off the crew's vehicle, along with a sign warning of shoulder work. Neither was done in this case.

In appears that the State Highway dministrations http://www.marylandroads.com/Home.aspx rules for traffic work are routinely broken. As a result, serious accidents occur. If you are involved in any accident and believe it occurred due to the negligence of a highway worker call a Maryland or Virginia accident attorney at Portner & Shure, P.A. www.portnerandshure.com for a free consultation.

Two Virginia families' celebrations become a time of mourning after tragic automobile accident

2010-06-08T19:25:57Z

Gary Anthony Thorne was traveling northbound on Lee Highway, shortly after 4:00 p.m., Friday, May 21st ,when his SUV crossed over a median strip and six traffic lanes onto a bicycle path striking and killing a young teen, Abdel Ouahid Chadli. The driver, Mr. Thorne who was to turn 32 the next day, also died at the scene, in Fairfax County, Virginia.

Mourning replaced the graduation celebration for Abdel Ouahid Chadli, a senior and wrestler at Fairfax High School. The young man was the eldest of four boys who was a dedicated athlete and liked to work out at the gym and biked on the bike path for exercise on a regular basis. Chadli had been accepted at George Mason University and had hoped to become a veterinarian.

Thorne's family reported that he had no known medical condition that might have caused him to black out and lose control of his vehicle, which resulted in this fatal car accident. It was also believed that his SUV had been in good mechanical order. Still, Fairfax police continue to investigate this unexplained accident.

While it is believed that Thorne did not have any known medical condition, it does not mean that one did not occur. In the event a medical condition was the proximate cause of this car accident, Chadli's family could be precluded from making a claim based on the "sudden emergency defense." With the help of an experienced personal injury lawyer there are ways around this "sudden emergency defense", depending on the circumstances.

Another possible cause of this accident could have been a phantom motorist cutting off Mr. Thorne's vehicle, which caused him to lose control of his vehicle in an attempt to avoid striking the phantom vehicle. If this turned out to be the cause of the car accident, Thorne's family and Chadli's family would both be entitled to make an uninsured motorist claim for the wrongful deaths of their loved ones.

If you, a family member or someone you know has been involved in a car accident or you need more information on car accidents, wrongful death claims or sudden emergency defenses, please visit us on the web at http://www.portnerandshure.comor contact us for a free consultation with one of our Virginia Personal Injury Lawyers.

Million Dollar Settlement in Virginia Workers Compensation

2010-05-19T15:32:33Z

On July 19, 2007, an undocumented alien suffered a brain injury when he fell off a ladder. The 40-year-old injured worker, worked evenings cleaning office buildings in Northern Virginia. He was on a step ladder, changing a light bulb when he fell and struck his head. Due to the fall, the injured worker suffered a skull fracture, subdural hematoma and a traumatic brain injury. This injury continues to impact his daily life.

At the time of the work related accident, the injured worker had an average weekly wage of $323.00, and qualified for compensation at the rate of $215.00.

As a result of his injuries the claimant received extensive treatment/rehabilitation at Learning Services in North Carolina and recently was released to return to his native country, El Salvador, where he currently resides with his family.

The terms of his 2.5 million dollar settlement was that he would receive $432,810 cash up front and $2,067,189 to purchase an annuity with a guaranteed payout of over 3.1 million dollars.

If you, a family member, or someone you know has been injured in a work-related accident, please visit us on our website at http://www.portnerandshure.com or contact our office to speak to one of our Virginia compensation attorneys for a free consultation.

Prom after party accident

2010-05-14T18:25:44Z

A single vehicle accident claims the life of a 16 year old teenager after leaving the prom at King George High School. At approximately 1:09 a.m. on Sunday, May 9, 2010, five teenagers were on their way to an after prom party when the driver of the vehicle ran off the right side of the roadway and struck a utility pole. The vehicle then overturned several times, ejecting three of the passengers and driver who were not wearing their seat belts. The accident occurred on Route 218 at the intersection of Caledon Road and Basil Road, in King George, Virginia.

Two of the teenagers were flown by helicopter to Mary Washington Hospital and the other three were transported by ambulance, all with serious injuries. One teenager, 16 year old, Anthony L. Feather, a member of the King George High School football team, later died at the hospital due to his injuries.

A spokesperson for the Virginia State Police say speed is considered a factor in this crash, which still remains under investigation.

Some States accept the "safety belt defense". Simply stated this means that if you were involved in a car accident, even if it was not your fault, and you were not wearing your seat belt and your injury was made worse as a result of not wearing the seat belt, the amount of damages you can collect may be reduced. Many States restrict the number of persons who can drive as passengers with a new driver. Statistics show that new drivers are more easily distracted. Further, curfew driving restrictions are often placed on new drivers. All of the above need to be explored in this case.

If you, a family member or someone you know has been involved in a car accident or you need more information regarding an automobile accident, please visit us on our website at http://www.portnerandshure.com or contact one of our Virginia accident lawyers for a free consultation.

Interstate 95 car accident sends 5 to the Hospital / The Medical Emergency Defense

2010-04-29T18:59:14Z

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.

Impaired driver injures a Fairfax County Police Officer in car crash

2010-04-19T16:02:16Z

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.

Fender-Bender turns into Chain Reaction Automobile Collision, Loudoun County Virginia

2010-04-09T17:32:53Z

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.

Road Rage Turns Deadly on Interstate 95

2010-04-08T20:11:40Z

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

Prince William county Man Dragged Under Bus

2010-04-08T20:09:26Z

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.

High Speed Limits in Virgina

2010-04-05T20:08:48Z

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

Virginia Approves New Minor Seat Belt Bill

2010-03-19T14:31:58Z

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 visit us on the web at http://portnerandshure.com

Fatal Truck Accident on the GW Parkway

2010-03-19T14:25:04Z

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 visit us on the web at http://portnerandshure.com

Routine Traffic Stop Turns into High Speed Police Pursuit

2010-03-12T19:23:27Z

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 visit us on the web at http://portnerandshure.com

Family Gets Struck by Car While Having Dinner

2010-03-12T19:09:30Z

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 visit us on the web at http://portnerandshure.com

Virginia Looking to Tighten DUI Laws

2010-03-12T19:05:00Z

New legislation that the governor may sign states that if you are under 18, and get convicted twice, you could lost 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 visit us on the web at http://portnerandshure.com