Recent Blog Posts
Motor vehicle accidents and traumatic brain injuries
Brain injuries caused by sports such as football have been in the headlines lately. Among the general population, though, motor vehicle accidents are a much more common source of traumatic brain injuries.
It should be noted that falls were the most common cause of traumatic brain injuries from 2006 to 2010. About 40 percent of all of the TBIs that resulted in an emergency room visit were because of falls. Over two-thirds of the adults who suffer a TBI and are 65 years old or older are due to falls.
Motor vehicle accidents were the second leading cause of deaths due to TBIs between 2006 and 2010. About 10 percent of TBIs were due to assaults, which include 3 percent of TBIs for children who under 15 years old and 1.4 percent of TBIs for people 65 years old and older. Motor vehicle accidents were the leading cause of death for victims who were 5 to 24 years old.
When a crash occurs, such as a truck accident, many victims suffer TBIs when they strike the windshield, dashboard or steering wheel. A TBI is caused by a jolt or blow to the head, but not every bump results in a TBI. The severity of the injury may run from mild to severe. Most cases result in concussions.
Truck accident results in 2 lawsuits against trucking company
When someone is injured in a trucking accident that is not his or her fault, the driver is likely the first one who is considered liable. However, there can be other defendants named in such a lawsuit.
As a result of a truck accident in Putnam County, Virginia, two lawsuits have been fled. Both lawsuits name the truck driver and the company he worked for, Murphy Transportation, as defendants.
According to plaintiffs, the driver was driving a 2004 Freightliner truck that was owned/leased/controlled by Murphy Transportation, now calling themselves M&Q Trucking Inc.
The accident occurred on April 23, 2014, when the plaintiffs were in a 2012 Toyota Prius. The truck driver rear-ended the car, causing serious injuries to the two women inside. The plaintiffs alleged that the truck driver caused the collision because he operated the truck in a careless, reckless and negligent manner. Because the defendants believe they were owed a duty of care for the truck to operate his vehicle in a reasonably prudent and safe manner and that duty was breached, the plaintiffs are seeking compensatory damages of an unknown amount.
Work zones and distracted driving are a deadly mix
If you are a frequent driver in Virginia, chances are you have frequently encountered road crews. These men and women may be repaving a road or replacing a culvert. Whatever the reason for their presence, the Virginia Department of Transportation wants to remind drivers to pay attention.
The statewide safety compliance manager of VDOT said that because the noise level is so high when working, hand signals and eye contact are used for communication. He also said that these workers are so focused on their job that they hope drivers are paying attention. Last year, though, seven people lost their lives in work zone crashes.
While there were fewer work zone auto accidents in 2015 than in 2014, drivers must remain aware of what is going on at times. Driving while texting, talking on the phone, eating, messing with the radio and doing other tasks can result in an accident happening in a split second. Those actions can cost a worker his or her life and completely change the lives of his or her family members. In addition, the distracted driver and his or her passengers can suffer injuries or death, as can the occupants of other vehicles on the roadway.
April is for raising awareness about distracted driving
In Virginia, 80 percent of crashes are related to someone who is driving while distracted. It only takes a second or two for a serious accident to happen. That can result in injuries or death for you, the passengers in your vehicle, the driver and passengers in the other vehicle or pedestrians.
One of the most common causes of distracted driving is talking or using a mobile phone or device while driving. When a driver is texting or talking on his or her cellphone, this increases the chances that he or she will be in an accident — 23 times over.
Cellphone use isn't the only cause of distracted driving. Anything that keeps someone's mind or eyes off the road for a second or more is can be distraction.
The non-profit group DRIVE SMART Virginia wants to raise awareness of the dangers of distracted driving. They work with law enforcement, government agencies, safety advocates and employers about how distracted driving is unsafe.
Take action when you lose a loved one in an accident
commercial vehicle drivers are being paid to do a job. One part of that job is to safely drive the vehicle from one location to another. There is no room for error when a commercial vehicle driver is performing one's duty. This is especially true if the commercial vehicle driver is driving a large vehicle, such as a semi-truck.
Sadly, large commercial vehicles that slam into smaller passenger vehicles can often cause fatal accidents. If you have lost a loved one in a fatal commercial vehicle accident, you might decide that you want to take action. One possible option that you can exercise is to seek financial compensation for the loss of your loved one.
When we begin to build your case for compensation, one of the first factors that we have to determine is how we are going to present the case. This means that we must determine from whom we are going to seek compensation. When it comes to fatal commercial vehicle accidents, we have a few different options to consider. If more than one party or person can be held liable, they must all be named in the claim for compensation.
Impaired driving statistics and facts
Each day in the United States, 28 people die because an alcohol-impaired person chose to get behind the wheel of a motor vehicle. In 2014, there were almost 10,000 people killed in crashes involving alcohol-impaired drivers, which accounted for 31 percent of all deaths related to traffic accidents in the U.S.
There are effective measures that can help prevent such tragic deaths from occurring every 53 minutes. However, for families who have lost a loved one, the fact that those measures didn't protect their loved one can haunt them.
The people that are most at risk for being involved in a fatal crash are young people, ages 21 to 24. Motorcyclists who died in crashes in 2014 also had high levels of driving while impaired. Twenty-nine percent had a blood alcohol level of at least.08 percent.
Drivers involved in a fatal crash and had a BAC of at least.08 percent were also more likely to have a DWI conviction in the past — seven times more likely.
In 2014, there were more than 1.1 million drivers arrested for impaired driving involving drugs or alcohol. However, that only accounts for 1 percent of the 121 million times U.S. adults reported that they drove while impaired by alcohol.
Pedestrian killed after being hit by car
Pedestrian deaths in motor vehicle accidents, according to a recent study by the Governors Highway Safety Association, rose in the first six months of 2015 by 10 percent nationally. Virginia saw an increase of 9 percent. There were 35 pedestrian deaths in 2014. In 2015, there were 38 pedestrian deaths. According to the GHSA's director, the increase is likely due to distraction. "Any time you go out you see people walking and looking at their phones and you see drivers driving and looking at their phones," he said.
It's not known yet what caused the accident that took a man's life in Manassas on Thursday right about lunchtime. The man died at the scene, according to the Prince William County Police Department. The person who was driving the vehicle that struck the pedestrian did remain at the accident scene and cooperated with police.
The victim's name has not been released by police yet, as they are waiting to identify him. Police will continue their investigation into the matter.
Common injuries suffered in car accidents
Did you know that in 2013, there were 30,000 fatal car accidents? In another 1.6 million accident, someone was injured. The damage and destruction of car accident can be horrifying. Car accidents often cause similar injuries to victims; however, the cost of car accidents is estimated to be an incredible $277 billion each year. That means that each person in the U.S. would have a bill for $897.
What are some of the most common injuries suffered in a car accident? Whiplash is one that is well-known. It's caused by the sudden back and forth movement of the neck and head. The extent of the injury depends on how severe the accident was. Some people suffer from vocal cord paralysis, but it is usually temporary. Swelling and pain are quite common.
The blunt force of a car accident can cause serious injuries in the chest area, too. From collapsed lungs to internal bleeding, these injuries are life-threatening and can require extensive medical care.
Head injuries, both closed and open, are some of the most serious injuries suffering in a car accident. From mild concussions to traumatic brain injuries, these often require long-term medical care. Vision and hearing problems can occur with a head injury, as can skull fractures.
Proving liability in drunk driving accidents
If you or a loved one are injured in a car accident caused by a drunk driver, how do you prove the driver was intoxicated? How do you prove that driver is liable for your medical expenses, lost wages, emotional distress or other losses?
In order to prove liability in a personal injury or wrongful death lawsuit, you have to establish for the court that the driver had an intoxication level that made it unsafe for him or her to operate a vehicle. You will also need to show the court that he or she did not show reasonable care for the safety of the public. In many cases, you'll have the police report of the accident, which could show the other driver's arrest for suspicion of DUI; however, it's unlikely that you will be able to access the defendant's criminal file without your attorney filing a subpoena to get it.
You can also have your attorney speak with witnesses to the accident, take depositions from police officers at the accident scene or use expert witnesses to prove the defendant was impaired when the accident occurred.
Who can bring a wrongful death lawsuit?
When a family member is killed due to the actions of another person, a wrongful death lawsuit might be a possible legal action. There is a limit, though, as to who can bring a wrongful death action against the person who caused someone's death.
A wrongful death lawsuit must be brought by the personal representative of the person who died. If the lawsuit is for a fetal death, then the action must be brought by the natural mother. If the mother died, then the action must be brought by her personal representative, guardian or estate. If the deceased is an infant who was in the care and custody of a parent, but is bound by a written agreement or court order with the other parent, the parent with custody will be the one who needs to file the lawsuit. That parent, though, can waive his or her right to file a wrongful death action to anyone else he or she chooses. If there is no one who files for administration within 30 days' time of when the infant died, then the laws regarding administration will apply.

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