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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.  

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

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

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

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 http://portnerandshure.com

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

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.

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

For more information on Harry Hurt and The Hurt Report, please check out the lastest blog at www.MarylandCarAccidentLawyerblog.com.

If you, a family member, or someone you know has been injured in a motorcycle accident or you would like more information on motorcycle accidents, please visit us on the web at www.portnerandshure.com. 

If you or a loved one has been the victim of a dog bite and are seeking legal advice, please visit us at www.portnerandshure.com. 

If you or your child suffers from cerebral palsy and believe that the condition was a result of medical negligence, please visit us at www.portnerandshure.com.