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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

As HRT Grows, Responsibilities for Protecting Public Also Increase

John Cooper — Thu, 03 Dec 2009 09:15:48 GMT

HRT, which operates public transportation throughout Tidewater, had a big year in 2009. Hampton Roads Transit broke ground on The Tide light rail system in Norfolk, revised its bus routes repeatedly, expanded ferry services across the Elizabeth River and entered into preliminary planning discussions with city officials to bring light rail to Virginia Beach and Chesapeake.

The semi-private agency--it draws about 80 percent of its operating funds from federal, state and local governments--also just announced plans to move into a new headquarters complex in the heart of downtown Norfolk.

I have written before that providing comprehensive and state-of-the-art transit options is essential for the Seven Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach. Every HRT or WAVE bus passenger, every ferry rider, and each future Tide commuter represents one driver not on some portion of Hampton Roads' dangerous and frustratingly overcrowded highways, bridges, tunnels and surface roads.

But mass transit is not without its own problems. Long considered a model of commuter rail safety, the Washington, D.C., Metro system has seen multiple deadly accidents this year. City bus crashes involving cars, bicyclists and pedestrians occur with alarming frequency. While the United States has, thankfully, gone some time without a truly tragic ferry accident, last week's capsizing in Bangladesh provided a shocking reminder of how quickly situations can turn deadly on even calm waters.

As HRT expands its network, then, it also needs to expand its focus on protecting passengers, operators and everyone else who shares Tidewater's roads and waterways. The transit agency has a strong safety record, but the chances for things to go wrong will grow in direct proportion to the growth of HRt's fleet and ridership.

As quasi-public entities, transit authorities like HRT often get the government's immunity from lawsuit or special limitations on liability for injuries they cause. I, as an accident attorney in Hampton Roads, VA, have made claims against HRT for injured bus passengers, however. These claims are allowed and treated just as any insurance case involving a traffic accident or improper operation of a vehicle. The duty of common carriers to protect riders' for safety are generally high.

I do hope, as a Norfolk resident, that HRT will increase its efforts on safety as its responsibilities increase and also that the agency keeps high insurance coverage so it is readyto deal with any tragic disaster that may occur. As a lawyer who represents folks hurt in mass transit and railroad crossing accidents, I know that the risks of death or serious injury are always present when trains and buses are mixed on busy roads with cars and pedestrians.

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 John Cooper

Children Hurt at Daycare Centers

John Cooper — Mon, 30 Nov 2009 14:22:31 GMT

With more Americans having to have two incomes to make ends meet, more and more people have to put their kids in daycare from early ages. Parents often assume that they are entrusting their child's safety to a responsible and caring adult, but this is sadly not always the case. Stories of children dying from neglect at daycares, or suffering from physical or sexual abuse at the hands of their work day guardians are becoming more and more frequent.

The story of a 22 year-old Virginia woman who is accused of "striking, slapping and sitting on" an 18 month-old baby at the daycare center where she worked is no exception.

According to a local news source:

Ila Howell of Suffolk, who worked at the First Baptist day care center on Main Street, is accused of striking, slapping and sitting on the child who was in the care of the center, said Debbie George, police spokeswoman. The incidents reportedly occurred in the last two weeks of October.

Police issued warrants for Howell's arrest Friday but could not locate her, George said. She turned herself in to police Saturday morning.

Howell faces three counts of misdemeanor simple assault. She was released from Western Tidewater Regional Jail on $1,000 bond.

This is a woman who was hired to be a caregiver to young children. The fact that she exhibited this type of aggressive behavior while on the job is inexcusable. What makes this story worse is that this daycare had already been investigated for inappropriate forms of discipline, but the complaints were thrown out.

We need to know that our children are safe, even when we cannot personally see to their safety. This is the responsibility of daycare owners and employees, and anyone who would shirk such an important responsibility should not be in the daycare business.

Originally posted at InjuryBoard by John Cooper

Feds link toxic Chinese drywall to corrosion in homes

Emily Mapp Brannon — Sat, 28 Nov 2009 21:06:00 GMT

Federal officials have found a “strong association” between toxic Chinese drywall and corrosion of electrical systems in homes, according to The New York Times.

The conclusion is one of the few public statements from the federal government that the drywall is at fault for problems in thousands of homes.

The toxic drywall issue is important to many Hampton Roads homeowners, where toxic drywall has forced countless people from their homes.

My colleague John Cooper wrote recently about a number of area homeowners who traveled to Richmond to lobby lawmakers and regulators on the issue.

“The real suspect can now be confirmed,” Jack McCarthy, president of Environmental Health & Engineering, told The Times. His company studied 51 homes for the government. “There’s a strong association with the drywall and hydrogen sulfide and the corrosion that we see in these homes. Temperature, humidity and air exchange rates are contributing factors.”

Homeowners in the South are most at risk, the study found. High temperatures, high humidity, and confined air circulation in well-insulated air-conditioned homes all bring the toxic hydrogen sulfide out of the drywall.

The finding comes from the Consumer Product Safety Commission, the agency that has been the locus of complaints from homeowners. More than 2,000 homeowners have complained to the federal government about the drywall.

The commission declined to link the toxic drywall to the health problems that many homeowners have suffered. However, it is studying how to get homeowners financial aid. It has also asked the Internal Revenue Service to permit deductions of drywall-replacement costs as a casualty loss.

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

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.

(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!

EJL

Originally posted at InjuryBoard by Jim Lewis

Safety concerns face Washington, D.C. Metro expansion to Dulles in northern Virginia

Jim Lewis — Wed, 25 Nov 2009 21:15:48 GMT

Serious safety issues have emerged concerning the Washington, D.C. Metro rail line currently being extended to Washington Dulles International Airport.

Concerns center around underground foundations built for the line 32 years ago – built and then forgotten, The Washington Post reported in a recent special investigation.

Builders and local government officials now want to use the rediscovered foundations – called footings – without testing all of them to make sure they can carry the load of a bridge and trains on the bridge.

"We have genuine, factual concerns about their engineering plan," Peter Rogoff, head of the Federal Transit Administration, told The Post.

Metro has had a mixed safety record in recent years. Nine people died in a June accident that was the worst in Metro history, an accident written about by my colleague Rick Shapiro.

The contractor building the Silver Line, Dulles Transit Partners, has tested two of the 11 foundations and plans to test seven more. That will leave two foundations untested.

The bridge, when built, will take the Silver Line over a tangle of roads: The Dulles Toll Road, Interstate 66, and the Metro’s Orange Line. The 23-mile line is expected to cost $5.2 billion.

The original construction drawings and associated paperwork for the foundations – including “as-built” drawings that show what was actually constructed – have been lost, the newspaper said.

The foundations themselves had been buried and forgotten until 2007, when workers conducting soil bore tests rediscovered them.

Engineers on the project decided to use the old foundations – along with additional new foundations – for the bridge.

Federal officials have strongly encouraged the contractor to test all the foundations. However, the matter still remains unresolved – and construction on the line continues.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Woman Gets $8 Million Verdict from Richmond, Virginia (VA) Jury

John Cooper — Tue, 24 Nov 2009 14:47:13 GMT

A Richmond Circuit Court jury has returned an $8 million verdict to a Richmond woman in a law suit against the Greater Richmond Transit Bus (GRTC), the company that provides mass transit throughout the Richmond, Virginia (VA) area.

The accident happened within sight of the Richmond, Virginia (VA) courthouse. The woman was walking to the Library of Virginia, where she is a research Liberian, when she was struck by a GRTC bus on Marshall Street. The accident caused her to suffer fractures in her right shoulder blade, back, right sacrum, and left hip socket.

Thankfully, she mostly recovered from her injuries; however, she incurred $180,000 in medical bills. The woman also suffered from post-traumatic stress disorder, depression, and anxiety. According to her lawyer, the extent of her mental anguish was so severe that she was advised by a counselor and a psychotherapist not to be present in the courtroom during the trial. She will require $400,000 for future medical treatment.

The bus company admitted liability for the woman’s injuries and the jury returned an $8 million dollar verdict.

The lawyers at Shapiro, Cooper, Lewis & Appleton would like to congratulate Jason Konvicka on obtaining a strong result for his client. It was truly a job well done.

Originally posted at InjuryBoard by John Cooper

Hampton Roads toxic drywall victims take their battle to state insurance officials

John Cooper — Sat, 21 Nov 2009 18:07:56 GMT

Hampton Roads homeowners saddled with toxic Chinese drywall are facing another challenge: Getting home insurance companies to cover their losses.

"I always thought insurance would cover this,” homeowner Larry Ward told WAVY-TV earlier this week. “I went right to my insurance company asked them about this. Evidently there are some exclusions in every policy.”

I wrote about this difficult issue in October, and my colleague Jim Lewis wrote about a tour federal officials took of Chinese drywall-afflicted homes in Hampton Roads.

Many insurance policies have “pollution exclusions,” often taken to refer to something outside the home – a chemical spill, for example – damaging the inside of the home.

But it’s not clear whether pollution exclusions cover the damage caused by toxic Chinese drywall. However, insurance companies have denied toxic Chinese drywall claims in other states by citing the pollution exclusion.

State insurance officials in Virginia are studying the issue; Virginia Beach City Councilman Bill DeSteph wants the state insurance commissioner to rule that the pollution exclusion can’t be applied to Chinese drywall. DeSteph has also been lobbying on behalf of residents in the General Assembly.

Meanwhile, Ward has had to abandon his home, fearing for the safety of his children. Repair quotes from contractors have run from $220,000 to $450,000. His insurer has not denied his claim, but it hasn’t accepted it either. He told WAVY that his claim is now in his insurance company’s litigation department.

"You just have no clue of what damage it's causing, and how frustrating it is to have a beautiful home and have to walk away from that home," Ward told WAVY.

(MM)

Originally posted at InjuryBoard by John Cooper

Falling trees: The silent danger in storms

Jim Lewis — Fri, 20 Nov 2009 21:17:57 GMT

Last week’s nor’easter has reminded us of a silent danger – large trees at risk of falling down in a storm and injuring someone.

The risk of injury isn’t trivial – a 17-year-old Newport News boy was badly hurt when a tree more than six feet in diameter fell into his family’s trailer at Warwick Mobile Home Estates at 12095 Jefferson Ave. on Nov. 12.

My colleague Rick Shapiro has written recently about a number of other storm dangers, including drowning while driving, chainsaw safety and generator safety.

The Newport News teen told WAVY-TV that he was sitting on his living-room couch and watching TV – hoping school would be cancelled – when his life changed forever.

"All of a sudden the house started shaking. I thought it was, like, an earthquake," the boy told WAVY.

The tree cut the trailer in half and tore off the roof. It took a crew from Hampton Roads Crane & Rigging Co. – using a 60-ton crane – two hours to lift the tree and free the boy, whose legs were pinned to the floor.

The boy has been released from the hospital after surgery and x-rays. While he didn’t break any bones, the Daily Press reported, he did suffer some nerve damage in his back and legs.

In a case where a tree causes not only personal injury but property damages, the legal issues of responsibility often involve whether a business or homeowner was aware that the tree was in a weakened condition, or was actually a dead tree, as several examples. If the damages orginates from a condition on the business/homeowner property, and if the responsible person/entity knew or should have known of the danger, liability may attach under the law. Injury attorneys must explore these issues and all potential sources of insurance, such as homeowners, or property/liability insurance.

Proper care and maintenance can often prevent trees from falling down as the tree in Newport News did. Tips include: frequent and proper pruning, avoiding damage with lawn mowers and other yard equipment, and digging too close to the tree.

(MM)

Originally posted at InjuryBoard by Jim Lewis