Injuryboard Commentary - Virginia

Deer cause car, motorcycle and truck crashes

Doug Landau — Tue, 08 Dec 2009 05:36:00 GMT

As a driver who has had a few "close calls" with a "deer in the headlights," such events can be terrifying, cause injury and even death. At ABRAMS LANDAU, we have successfully represented clients who have been injured in deer-reltaed car crashes as well as commercial vehicle owners whose expensive cars have been "Totaled" after a crash with these populous animals. Fairfax County officials say the county has an estimated 250,000 deer, and more than 48,000 Virginia drivers are projected to file insurance claims this year for damage sustained as a result of a deer-vehicle collision according to a Fairfax Times newstory.

"Studies show that nearly one in every 136 Virginia drivers will have an accident involving deer in the next 12 months," said Fairfax County Wildlife Biologist Victoria Monroe, citing data from the Virginia Department of Transportation and State Farm insurance company. Virginia is projected to rank fifth out of 50 states in 2009 for all deer-related automobile accident claims filed nationwide, and 45 percent of Virginia claims are expected to be recorded by the end of this November, Monroe said. "[Deer breeding] season began in early September and lasts until late March," she said, adding that "October and November are especially precarious for drivers."

Melanie Stokes of VDOT (Virginia Department of Transportation) said there were 218 deer-related car accidents recorded in Fairfax County in 2007 and 179 in 2008. While none of those was listed as fatal, there were three fatal accidents recorded annually statewide in both 2007 and in 2008. "The average cost of a deer-related accident, including medical costs, is $3,000, according to the Insurance Information Institute," said John Townsend of AAA Mid-Atlantic. "That means if you multiply that by the projected 48,000 claims, Virginia will account for $14.4 million in deer-related accident costs this year. Nationwide, the cost is estimated to top $4.6 billion in 2009." "Collision with a deer or any other animal is covered under your comprehensive auto insurance and will not raise your rates," said Katie Walthall of ABRAMS LANDAU Herndon neighbor Griffin-Owens insurance. "We see a ton of them each year."

Monroe says drivers still need to be vigilant and aware, especially this time of year. She says four "hot spots" within the county are particularly dangerous:

the 5000 block of Pleasant Valley Drive in Chantilly;
the intersection of Braddock Road and Fairfax County Parkway in Burke;
the 7000 block of Ox Road in Fairfax; and,
the intersection of Sully Road and Westfields Blvd. in Chantilly.

"We have flashing variable sign boards at these locations," she said. "But motorists throughout the county should always be watching for eye shine along roadsides and immediately begin to slow down if they spot a deer, since they tend to travel in packs." In tomorrow's post, we will share the police safety tips to avoid crashing with a deer or herd of deer.

Originally posted at InjuryBoard by Doug Landau

Motorcycle, car and truck "near misses" at the W&OD Bike Trail

Doug Landau — Sat, 05 Dec 2009 20:20:00 GMT

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs. While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project. Small bikes and riders coming from Reston are not easily seen as they head West. And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path. If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Originally posted at InjuryBoard by Doug Landau

Strict enforcement from VSP on I-64 in Norfolk this weekend

Randy Appleton — Fri, 04 Dec 2009 19:22:11 GMT

Drivers on Interstate 64 beware: The Virginia State Police is out in force this weekend.

Troopers are being paid overtime in a federally-funded effort to keep Virginia’s highways safe, the VSP’s superintendent said in a press release.

The operation is called Operation Air, Land and Speed and is designed to discourage speeding and other reckless behavior, The Virginian-Pilot reported.

Speeding is the cause of many traffic accidents in Hampton Roads and elsewhere. My colleague Emily Mapp Brannon wrote in October about a fatal motorcycle accident in Chesapeake where speed was a factor.

“Speed and reckless and distracted driving endanger too many lives on the Commonwealth’s roads,” W. Steven Flaherty, the Virginia State Police superintendent, said in a press release. “Every motorist must remember to buckle up and drive defensively not aggressively while they are behind the wheel, especially during the holiday season.”

Troopers will be on I-64 – as well as Interstate 66 in northern Virginia – starting today and going through Sunday. They are using both marked and unmarked vehicles, as well as motorcycles and aircraft.

The Virginia State Police said that in December 2008, when the agency last conducted Operation Air, Land and Speed on I-64, it ticketed 251 drivers for reckless driving, 1,783 for speeding and 227 for not wearing a seat belt. The VSP also made 24 arrests for drunken driving, drug possession and other crimes.

“Unfortunately, the only way to get some drivers to adopt safer driving habits and behaviors is through stepped up enforcement projects,” Flaherty said.

(MM)

Originally posted at InjuryBoard by Randy Appleton

Voting with your feet; when an injury causes a career change

Doug Landau — Thu, 03 Dec 2009 16:10:53 GMT

The effects of a wrongful injury are manyfold. Victims suffer physical and emotional pain from their injury, they incur steep medical bills, and they can often lose their job if the injury impairs their ability to work according to Sterling Virginia injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. When a worker loses their livelihood due to an injury that wasn't their fault, they lose their ability to pay for their own medical bills, and often suffer from even deeper emotional distress.

Many people are aware that, if they suffer from a wrongful injury that costs them their job, they are entitled to sue for the money that they lost from their income. This is known as "diminution in earnings and earning capacity", and is as important to a lawsuit's outcome as the cost of the medical bills or the suffering caused by the injury in question.

What many people do not know, however, is that there is a legal precedent in Virginia that also allows for victims to be compensated, even if they are able to find work at a less demanding job.

In the case of Exxon v. Fulgham, the courts established that, if you have to leave your current job due to a wrongful injury, and are forced into a job that pays less (even if the new position has the potential to pay more than the old position did), you can still be eligible for legal compensation. You must prove your pre-injury earning capacity, through documentation of your education, training, experience, etc, and then demonstrate how your injury will force you out of your current profession into one in which you are less qualified.

If you have lost any part of your income due to a wrongful injury, you should see an experienced Virginia injury and disability trial lawyer as soon as possible to discuss your options. It is very important for victims of wrongful injury to know their rights, so that they don't get cheated by large corporations or the insurance companies.

Originally posted at InjuryBoard by Doug Landau

Dog attack victim comes to Virginia dog bite lawyer Doug Landau at end of statute of limitations

Doug Landau — Thu, 03 Dec 2009 01:52:00 GMT

Most Virginia injury cases have a two year time limit. Some personal injury cases get a longer "statute of limitations." Virginia dog bite lawyer Doug Landau of ABRAMS LANDAU, Ltd., was contacted by a young man whop was attacked by a neighbor's dog over 15 years ago ! While most cases that old or "stale" would be dismissed by the Court for having been filed past the time limit ("statute of limitations"), in cases involving minors under the age of 18, the law gives additional time to claims on behalf of children. Often, injured children in Virginia are given until their 18th birthday, and then the regular 2 year time limit begins to run. This young man was advised to wait by family members. He endured a difficult time in school because of his facial scarring and head injuries, and his doctor had retired and moved away. Defendant neighbors had also left the area years ago. The Defendants' dog had long since died. Any witnesses that may have been helpful in this case could no longer be found. The injured dog attack victim's original lawyer also had passed away.

So, while his claim was still within the legal time limits, his case would be impossible to prove at this very late date. Plus, the time limit for collecting any medical payments had expired over a dozen years ago. On these facts, we sadly had to tell this injured and permanently scarred young man that we would not be able to represent him. Had he (or his parents) contacted us a dozen years ago, or more, then we would likely have given him a different answer. But sometimes potential clients wait until it is too late to practically and effectively pursue their cases for permanent dog bite injury and scarring. Call or e-mail an experienced InjuryBoard dog bite law firm like ABRAMS LANDAU at once, because waiting can ruin your case even if you are within the legal time limits.

Originally posted at InjuryBoard by Doug Landau

Managing Brain Injury - new Guide now available from the National Rehabilitation Hospital

Doug Landau — Wed, 02 Dec 2009 00:26:00 GMT

In his continuing efforts to help those with traumatic brain injury and disabled from head trauma, Herndon Reston lawyer Doug Landau receives and reviews materials from the National Rehabilitation Hospital ("NRH"), Brain Injury Services, the Brain Injury Association and the Virginia Trial Lawyers Brain Injury Retreat. The NRH Press latest book offering is "Managing Brain Injury: A Guide to Living Well with Brain Injury."

This is the 4th book in a series of useful guides to help people face the challenges of life following brain injury. As Landau and the ABRAMS LANDAU trial team has worked with many victims of traumatic brain injury ("TBI") and closed head injury, they understand the importance of having resources such as this available for disabled clients and their families. This new NRH guide is intended to help make sense of the roller coaster ride of emotional and physical changes that can overwhelm patients and health care providers. To order this helpful book, visit NRH Rehab or call 202-877-1776

Originally posted at InjuryBoard by Doug Landau

Increase funeral, transporatation and burial benefits for workers' families

Doug Landau — Mon, 30 Nov 2009 22:37:00 GMT

Injured workers lawyer Doug Landau often represents workers and their families from other states and countries. When these workers suffer fatal injury, their families are confronted with enormous and immediate expenses. The cost of even a simple funeral can often run several thousands of dollars. However, the amount available under the Virginia Workers Compensation Act is limited, and does not pay all the bills related to transporting the fallen worker's remains to their home state or country. Unlike Cost of Living Adjustments ("COLA"), which are tied to the Consumer Price Index ("CPI"), and mileage reimbursement rates, which also change annually, the amounts for funeral and transportation do not increase with inflation. According to Herndon Reston area workers comp lawyer Doug Landau, this must change. As more and more workers come from other states and countries to work in Virginia, especially in the Internet, software, security, construction and hospitality fields, the law of this Commonwealth must reflect this reality and change with the times. Presently, the Virginia Workers Compensation Commission's ("VWCC") web site lists

BENEFITS UNDER THE ACT:

#5 Death Benefits

* A surviving spouse, children under 18, children under 23 enrolled full time in an accredited educational institution, parents in destitute circumstances or other qualifying dependents may be entitled to wage loss benefits.
* Death benefits include funeral expenses not to exceed $10,000 and transportation cost of $1,000.

Our clients have often exceeded this $11,000 benefit maximum amount. The legislature needs to keep up with the times and inflation. If you or someone you know has lost a loved one in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Virginia Tech: Drivers of heavy trucks 23 times more likely to crash while texting

Doug Landau — Wed, 25 Nov 2009 23:10:00 GMT

With 2 Virginia Tech "Hokies" in his household, Ashburn car crash lawyer Doug Landau pays special attention to the quarterly Virginia Tech Magazine. This Fall, it was revealed that the Virginia Tech Transportation Institute conducted studies of driver distraction while using cell phones and text messaging. I have previously written about the increased dangers to Loudoun Fairfax and Leesburg drivers, bikers and pedestrians presented by "distracted drivers." Texting while driving increases the risk of a crash much more than previous studies have concluded, with motorists taking their eyes off the road longer than they do when talking or listening on their cell phones, the Virginia Tech Transportation Institute reported

The institute used cameras to continuously observe light-vehicle drivers and truckers for more than 6 million miles. It found that when drivers of heavy trucks texted, their collision risk was 23 times greater than when not texting. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks, the study found.

If you or someone you know has been injured by a "distracted driver" or motorist who was texting or programming their cell or mobile phone, please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

Plane piloted by Virginia Beach (VA) man was low on fuel, investigators say

Jim Lewis — Wed, 25 Nov 2009 20:10:25 GMT

Mado McDonald, a Virginia Beach (VA) small-plane pilot whose plane crashed in South Carolina earlier this month, told controllers he was low on fuel, The Associated Press reported.

McDonald had flown the Raytheon Beechcraft King Air 200 twin-engine aircraft from Norfolk International Airport to Greenville-Spartanburg International Airport in Greer, S.C. for maintenance at Stevens Aviation.

The crash came the morning on Nov. 9 during what was described by the Spartanburg Herald-Journal as a “service ride,” not unlike taking a car for a drive with a mechanic after a repair.

Investigators found just half a gallon of fuel in the plane’s tanks after the crash, the Herald-Journal said, and eyewitnesses saw the engines “feathering” – going so slow the propeller blades were visible – just before the crash.

The plane crashed onto a highway just short of the airport grounds. Stevens Aviation technicians Ed Wilk and Derrick Holliday have both been released from the hospital, The AP reported, while McDonald remains in good condition at Greenville Memorial Hospital.

The plane is registered to MDTR Holdings LLC of Virginia Beach, The Virginian-Pilot reported, a corporation that shared the same address with the ECPI College of Technology.

The latest revelations come as part of a preliminary investigation by the National Transportation Safety Board. The technicians told the NTSB that the plane took off with just 400 pounds of fuel in it, according to the AP report. The plane crashed just 19 minutes later.

No one on the ground was injured.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Settling workers compensation cases takes time

Doug Landau — Tue, 24 Nov 2009 23:19:00 GMT

While Herndon job injury lawyer Doug Landau advises clients that settling comp claims take time and effort, there are still many questions about the settlements of workers compensation cases. Workers Comp claims seem to take a lot more time from acceptance of the settlement offer to the ultimate approval of the paperwork. This is especially true according to Herndon injured workers lawyer Landau, when compared to the settlement of a car crash or slip and fall case. In those "liability' or "negligence" cases, the check and release comes withnin days or weeks from the insurance company or defense lawyer. In Virginia comp claims, the ultimate approval takes months after the parties submit the signed (and notarized) paperwork to the Workers Compensation Commission ("VWCC") in Richmond. The Virginia Code provides (65.2-701) that compromise settlements of workplace accident, occupational disease or job fatality cases, "may be approved only when the Commission...is clearly of the opinion that the best interests of the employee or his dependents will be served thereby." Rule 1.7 sets forth the requirements for a compromise settlement package. Unlike the resolution of a car crash or dog attack case, a workers comp case requires a number of documents (and signatures !).

The Virginia Workers Compensation Commission does not approve every single settlement that is submitted to it. The VWCC is not a "rubber stamp" and settlement documents are carefully reviewed. Deputy Commissioner Courtney Mercer manages the Compromise Settlement Department, with a claims examiner who supervises the department and who is assisted by a claims technician and two senior judicial secretaries. Deputy Commissioner Mercer shared his thoughts with Doug Landau recently in Richmond. Workplace accident and fatality lawyer Doug Landau was invited to a special "Retreat" for lawyers who only represent injured workers and not insurance companies. If you or someone you know, has questions about their workers compensation case or settlement, please contact ABRAMS LANDAU or call us today.

Originally posted at InjuryBoard by Doug Landau