Virginia Personal Injury Blog - Automobile Accidents

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

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

Tiger Woods crashes within a golf shot of his Florida house; Most car accidents occur close to home.

Doug Landau — Tue, 01 Dec 2009 22:25:48 GMT

Even superstar athletes hit ditches, sand traps, cars and fire hydrants close to home. Car crash lawyer Doug Landau notes that many of his injured clients were struck by another motorist with a few miles of their home. The Florida Highway Patrol will cite golf champion Tiger Woods for careless driving but will not press criminal charges for his car crash outside his Florida home last Friday, according to the Associated Press.

The ticket will include a $164 fine and four points against his driver’s license. The police report includes the following details:

* Woods crashed his SUV into a fire hydrant and a tree at 2: 25 on the morning of Friday, Nov. 27, 2009.
* The airbags did not deploy.
* Woods’ wife, Elin Nordegren, told police she used a golf club to smash the back windows of the Cadillac Escalade in an effort to rescue her husband.

Most car crashes happen near home. Two thirds of road accidents occur within five miles of a motorist’s home. And, the survey showed, nearly a third of crashes happen less than a mile from home. Crashing into a parked car was the most common type of accident within a mile of a driver's home, the poll of 3,800 people also revealed. Just 5% of car accidents occurred 26 to 50 miles from home, and 6% at distances of more than 50 miles away.

Of the accidents closest to home, the most common cause after hitting parked vehicles was crashing while driving out of a minor road, followed by reversing into a vehicle and by hitting a wall. Research suggests that many drivers appear to be in a comfort zone when driving close to home on familiar roads, hence why such a large proportion of accidents occur there. It's so important to keep a full level of concentration when driving, whether you're just popping to the shops or starting or ending a longer journey. These results emphasize this even more.' As one who has represented innocent victims of careless drivers, Doug Landau understands how important it is to pay full time and attention to te operation of our motor vehicle to avoid a car wreck or other accident in your own neighborhood.

Originally posted at InjuryBoard by Doug Landau

Man sentenced in Williamsburg DUI crash

Emily Mapp Brannon — Sat, 28 Nov 2009 19:52:00 GMT

Mark Schneider will spend a year in jail after drunkenly hitting pedestrian Irene Carson last Christmas Eve, a Williamsburg-James City County circuit court judge ruled this week.

Schneider, 39, struck Carson, 72, as Carson crossed Francis Street East in Williamsburg, the Daily Press reported. Francis Street runs along the southern edge of what is generally considered historic Williamsburg.

"You are an example to the community of what can happen when you drink to excess and drive," Judge Samuel Powell of Williamsburg-James City County said to Schneider during the sentencing hearing.

Carson, of Chadds Ford, Pa., was apparently not at the hearing. But the Daily Press said she suffered multiple skull fractures in the crash and will likely never recover fully.

Schneider works as a historic interpreter at Colonial Williamsburg; a manager there testified at the sentencing hearing that Schneider can keep his job.

Schneider can serve his sentence at the Virginia Peninsula Regional Jail on weekends; he is to report for his first day on Dec. 24, a year after the crash.

Schneider had a blood-alcohol content of .19, meaning almost two-tenths of one percent of his blood was alcohol. In Virginia, .08 is the legal minimum for intoxication, though drivers can be arrested with lesser levels if they are driving in a manner a police officers thinks indicates intoxication.

Schneider pleaded guilt to a charge of felony assault, the Daily Press said. A charge of maiming while driving was not ruled upon by the judge, who can dismiss it later if he chooses.

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 Emily Mapp Brannon

Seat Belt Enforcement a Priority for Virginia (VA) State Police This Thanksgiving

Jim Lewis — Thu, 26 Nov 2009 09:05:00 GMT

Seventy-five Virginia (VA) State Police officers will be patrolling the commonwealth's highways this Thanksgiving. Near the top of the list they will have for stopping motorists traveling to and from holiday meals, Black Friday sales and is failing to wear seat belts.

Statistics released to Virginia newspapers on Nov. 24 indicate that 12 motorists died in accidents on Virginia roads during Thanksgiving 2008. Nine of those people were not wearing seat belts.

Virginia's seat belt laws cover drivers and all front-seat passengers. Also, children younger than seven years of age must be properly restrained in age- and size-appropriate child safety seats in the back seat of a moving car, truck or van.

Locally, the Daily Press is reporting the Newport News police will be out in force between Wednesday and Monday and also that AAA is projecting that 970,000 cars will hit the road throughout Virginia this long weekend.

Drive safe, buckle up and have a happy and healthy Thanksgiving!

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Jim Lewis

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Fairfax County Police "Youthful Driver Program" helps new drivers

Doug Landau — Mon, 23 Nov 2009 23:29:00 GMT

Fairfax County Police Department's "Youthful Driver Program" can help new drivers. The "Youthful Driver Program" can help "give them the knowledge and experience that could save their lives," notes Herndon Reston and Franklin Farms car crash lawyer Doug Landau. The Oak Hill injury lawyer has taken similar courses in Virginia, online and in the District of Columbia, and he has learned new safety and defensive driving techniques.

The Fairfax County program web site asks:

Is someone you love learning to drive? The FCPD Youthful Driver Program can help. Police instructors will help your “young driver”:

* Learn what it means to be an “inexperienced” driver
* Identify the risks and realities of being teen driver
* How to ignore peer pressure behind the wheel

Spend a Saturday learning the rules and risks of the road. Dangers of the road aren’t confined to teenagers; everyone on the road will be safer once they learn:

* How to recover from skidding on a wet roadway
* How to adjust your driving when road surfaces vary- hard surface to soft shoulders
* How to judge distance while driving at highway speeds

The FCPD Youthful Driver is a one day, hands-on course, running Saturdays from 7 a.m. until 4 p.m.

Location: Fairfax County Criminal Justice Academy, 3725 Stonecroft Blvd. Chantilly
Cost: $200.00 (Financial accommodations may be made for qualifying students)
Eligibility: Fairfax teens aged 16-18 with a valid driver’s license
Contact: School Resource Officer in the high school the young driver attends, or call 703/818-1924.

Originally posted at InjuryBoard by Doug Landau

VA Supreme Court Rules On Wrongful-Death Case

Greg Webb — Mon, 23 Nov 2009 01:00:00 GMT

In a split decision, the Virginia Supreme Court decided to reinstate and send back to Henrico County Circuit Court (the trial court) a wrongful-death case in which a fourteen-year-old girl died in an automobile wreck. Jaimee Kellermann died while visiting a former school friend in Henrico County, Virginia in December 2004 after Paul and Paula McDonough, the parents of the friend, according to the suit, failed to maintain a promise that Jaimee would not be allowed to ride in a car driven by a juvenile. According to the suit, Jaimee’s father warned, "No boys with cars." The McDonoughs allowed their daughter and Jaimee to ride in the car with a seventeen-year-old boy who had a reputation for recklessness. The carload of teenagers subsequently crashed into a tree while traveling at a high rate of speed, which killed Jaimee.

The Henrico judge previously dismissed the suit seeking $15 million in damages, ruling that the responsibility of the parents overseeing the guest did not extend to the circumstances alleged in the suit. The state Supreme Court, however, stated parents have the broad duty to ensure the safety of a juvenile guest, even when harm comes to that guest from a third party outside the home. The decision argues that ignoring a broader duty diminishes liabilities and may lead to “absurd results”; if the supervisory responsibility of parents is not broad enough to cover guests, parents would have no liability even in instances in which children play in the street and are injured, or in which a death results from children playing with a loaded gun. The trial is expected to go to court sometime next year.

Originally posted at InjuryBoard by Greg Webb

Good Witnesses use ALL their senses

Doug Landau — Sun, 22 Nov 2009 00:01:00 GMT

Good witnesses can methodically recall what happened before, during and after an impact through the use of all of their 5 senses. These observers can not only recollect what they saw before and after a car crash, but they can also relate what they:

    * smelled (gasoline on the pavement, leaking transmission fluids, burning rubber from skid marks on the ashphalt, etc.);
    * heard (the horn going off before the sound of shattering glass, the back up warning before a large truck went into reverse, the screams of the other passengers to "watch out !" and the sirens of the ambulance, police and emergency personnel);
    * tasted (airbag propellent that had exploded into their mouth, blood, nausea, etc.);
    * felt (glass in their skin, throbbing from where their hit hit the windshield, burning from the safety air bags, upside down or sideways when the car or truck came to rest on the side of the road, a warm wet feeling seeking down the arm from a laceration, etc.)

If you or a loved on has been in a car accident, train wreck, bike crash, it is important to document and set down the important facts of what happened. One way you might get the most out of the recent memory of the event is by trying to go through the 5 senses before, during and after the impact when making notes as to what you recall. This is important to do while it is still fresh in your mind. If you or a loved one has been injured in an accident or crash, please contact us at ABRAMS LANDAU, Ltd. by e-mail or telephone (703-796-9555), as we may be able to help.

Originally posted at InjuryBoard by Doug Landau

Fatal Virginia Beach (VA) accident raises questions about minivans

John Cooper — Sat, 21 Nov 2009 16:36:31 GMT

The unfortunate accidental death of Virginia Beach grandmother Scarlet A. Harvell has raised important questions about the safety mechanisms automakers build into vehicles.

Harvell, 54, was unloading groceries from the minivan Monday afternoon when one of her young grandchildren apparently climbed behind the wheel and put the van into gear, WVEC-TV reported.

The van rolled backwards, The Virginian-Pilot reported, with an open door striking Harvell and knocking her down. She suffered a serious head injury and died at an area hospital Tuesday evening.

Virginia Beach police are still investigating the crash, and authorities have not released the make, model or year of the minivan.

But 221 people died in 2007 when they were struck by autos in reverse, The New York Times reported in April. About 14,000 people were hurt in the same period, The Times said, citing the National Highway Traffic Safety Administration.

Not all automobiles come with a brake transmission safety interlock (BTSI). This safety mechanism requires the driver to apply pressure to the brakes before the auto can be shifted into gear.

Since most children cannot reach the brake pedal, this means they cannot put a vehicle into gear simply by moving the transmission lever.

ABC News reported in 2006 that Chrysler minivans – Chrysler also manufactures the Plymouth brand – do not have the brake transmission safety interlock.

"They advertise it for families," Joan Claybrook, a consumer advocate, told ABC. "And yet it's a killer vehicle. This vehicle can kill people inadvertently."

The NHTSA has this advice to avoid accidental vehicle rollaway:

– Teach children not to play in or around autos

– Supervise children carefully in and around autos

– Lock the auto when left unattended

– Never leave keys in the car

– Always activate your emergency brake when you park

– Check whether your vehicle has a brake transmission safety interlock.

(MM)

Originally posted at InjuryBoard by John Cooper