Norfolk-Portsmouth Personal Injury Lawyer - Car

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

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

A Trillion Text Messages in the Next Two Years?

Rick Shapiro — Thu, 12 Nov 2009 14:30:15 GMT

There were 800 billion text messages sent in 2008, according to the Strategic Mirror Report. This increased by four times compared to 2006. If we continue on this trajectory, we’ll hit one trillion text messages by 2010.

Texting in-and-of itself is fine; a great advancement in mobile phone technology. However, I’m extremely concerned a large quantity of these soon-to-be-trillion texts will be made behind the wheel of a car. Take a survey the next time you pull to a red light at a major intersection-chances are more than half of the drivers are talking on their cell with it held to their ear, or they are looking down at the PDA or blackberry.

Driving and texting is extremely dangerous. In fact, it’s 23 times more dangerous, according to the Virginia Tech Transportation Institute. There are even studies showing it’s just as risky as drinking and driving.

Even more terrifying is the fact that young drivers are the most prone to text and drive. As the father of two teenagers, this is what worries me. Even if my kids are responsible and restrain themselves from texting and driving, there could be an irresponsible driver on the road looking down at their 3G IPhone texting away and not realizing they are putting people’s lives at risk.

Virginia passed a law restricting texting while driving. Specifically, a driver is fined $20 if a police officer discovers them texting and driving, but the officer needs to pull the driver over for another infraction (i.e. speeding, running a red light, failing to use a turn signal, etc.).

I hope these laws become stricter in the near future. Texting is becoming standard practice in our society, and will be second nature to the next generation. We need to instill in our teens and young adults that texting while driving is simply unacceptable. Our law firm has written a complete Free Report on the epidemic of "distracted driving" which includes some surprising statistics and facts about the distraction epidemic.

Check out our FREE special report on distracted driving, which includes texting while driving.

Originally posted at InjuryBoard by Rick Shapiro

Deer: A Major Danger and Expense on Virginia Roadways

Jim Lewis — Sat, 07 Nov 2009 10:58:03 GMT

Close to 50,000 Virginians will file insurance claims for deer-related accidents at an estimated cost of nearly $15 million, according to the Fairfax Times. Virginia (VA) is currently ranked fifth out of all 50 states for deer-vehicle accidents and the frequency in which these accidents occur has increased 18 percent in the past five years, according to Reuters. It’s clear this is a major safety issue and an added risk while you’re behind the wheel.

It’s terrible if you wind up hitting a deer with your car. We’ve all seen the after-effects on the side of the road and the damage to your car can be extensive. Nevertheless, what’s even worse is to swerve in order to miss the deer and wind up slamming into another vehicle or veering off the road and hitting a tree or light pole. This can lead to a serious injury such as a broken back, lacerations to the face, a traumatic brain injury, or even death.

Don’t get me wrong, I’m not advocating pressing on the accelerator when a deer appears on the road, but the safety of you, potential passengers, and the other drivers on the road takes precedent over a deer.

You also need to be aware that only a comprehensive insurance policy covers deer-related accidents. This is important since 36 million Americans don’t have comprehensive insurance plans, according to USA Today. So not only is a deer accident dangerous, it can be costly if you’re not adequately insured.

The best piece of advice I can give you is be vigilant. The challenge with these deer-related accidents is that the animals leap out of nowhere onto the roadway providing very little reaction time for a driver. This is why you must always maintain eye contact on the road and be ready for anything that comes your way.

Originally posted at InjuryBoard by Jim Lewis

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

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 Rick Shapiro

Driver Fatigue Contributes to Serious Car Accidents

Jim Lewis — Thu, 05 Nov 2009 20:56:58 GMT

Millions of people were reportedly involved in car accidents, or came very close to getting into a serious car accident, due to driver fatigue, according to a study conducted by the National Sleep Foundation. Over 100 million people admitted they’ve driven while feeling drowsy.

As someone who regularly represents car accident victims, I cannot overemphasize the importance of being alert while behind the wheel of a car.

"People who drive when they are tired put their lives at risk, as well as the lives of others on the road," said Raquel Rothe, who owns Sleep EZ Diagnostic Center based in Salem, Virginia (VA).

Here are some warning signs that indicate you may be suffering from driver fatigue…

- Unable to focus

- Feeling restless and irritable

- Heavy eyelids

- Trouble keeping your head up

- Swerving while on the road

If you notice these symptoms, pull over and take a quick nap. Or, stop at a Sheetz or 7-11 and grab a cup of coffee (maybe a Red Bull for the hardcore caffeine addicts). To try and preempt these fatigue symptoms, get at least eight hours of sleep prior to a long drive

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.

Originally posted at InjuryBoard by Jim Lewis

Budget Cuts Ground Virginia Aerial Traffic Monitoring, Will Traffic Accidents Increase?

Jim Lewis — Sun, 01 Nov 2009 16:18:05 GMT

You’ve probably seen the signs – “Speed Limit Enforced by Aircraft” - when traveling down Interstate 64 (I-64), Interstate 264 (I264) and other heavily traveled highways. However, due to the downtrodden economy, Virginia State Police decided to end aerial monitoring of traffic throughout the Commonwealth, according to The Virginian-Pilot. The program has been in place for nine years and traffic accidents have decreased during that time.

Did aerial monitoring play a part in this decrease of car accident fatalities? Maybe. There’s really no way to be sure, but the program probably didn’t hurt. When people are speeding and see a sign saying there’s a plane in the sky monitoring speed limits, it could cause the driver to slow down.

The major drawback of the program is, obviously, cost. It’s expensive to obtain a plane, pay for manpower capable of flying the aircraft and properly monitor traffic conditions, pay for fuel, etc.

A drawback not regularly mentioned is the potential safety risk. One citizen posted on the Pilot’s comment board…

“I've watched them flying at no more than 800 ft altitude at minimum airspeed with half flaps, over residential areas. If I had done that, I'd have lost my license. Flying low and slow, on the verge of stalling, over urban areas for hours at a time was an accident waiting to happen.”

Another citizen stated…

“When you look across the country, state after state has tried using aircraft to patrol for speeders, and time and again they've dropped the program because it wasn't as cost effective as having a few more patrol cars out there. With the cost for gas continuing to go up, the situation only gets worse. It should be no surprise that this is happening.”

There’s talk the program could be resuscitated when the economy rebounds, but there's a chance it could lead to an increase in car accidents in Virginia (VA) since the threat of aerial monitoring is longer around.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Jim Lewis

Halloween Horror: Trick or Treating Leads to Higher Incidences of Pedestrian Traffic Accidents

John Cooper — Fri, 30 Oct 2009 11:25:15 GMT

Halloween is all about ghouls and goblins, dressing up, eating some delicious candy, and maybe even enjoying a scary movie. But there’s a truly terrifying aspect Halloween few people seem to know: the number of fatal pedestrian accidents increases 4.5 times during the holiday.

A study showed children age 15 and under were the primary victims of these accidents and many of them occur during the evening trick-or-treat time, according to the National Highway Traffic Safety Administration.

Our injury law firm has written extensively about the importance of knowing pedestrian cross walk laws and being cognizant while strolling through neighborhoods and crossing roads. These principles still apply on Halloween. Don’t think that just because it’s a holiday, drivers are less prone to hit you when you’re on the street.

Some other important safety tips include wearing a bright Halloween costume (so opt for the yellow Power Ranger outfit as opposed to the black Power Ranger outfit) and trick or treating in a well-lit neighborhood. Go out in groups as opposed to individually; it’s much easier to see a pack of trick or treaters than just one. Another option would be to go to a community center which holds indoor Halloween events. This will greatly reduce your risk to a severe, or even fatal, pedestrian traffic accident.

If you apply these safety tips, it will help prevent Halloween turning into a real horror.

Originally posted at InjuryBoard by John Cooper

“Wiihab” Proving to be a Powerful Rehabilitation Tool

Rick Shapiro — Tue, 27 Oct 2009 20:19:35 GMT

Hospitals routinely struggle to keep their patients motivated and active in the traditional rehabilitation routine. Why? Because most routines are repetitive, cause pain, and are not very exciting.

Enter the Nintendo Wii.

This popular video game system is no longer the exclusive domain of teenagers. People who were seriously injured in car, motorcycle, and truck accidents, people who suffered a stroke, and even our brave military men and women with combat wounds have discovered “Wiihab.”

Using the game console's motion-sensitive controller, Nintendo Wii games require actual body movements which mimic therapy exercises. However, since the games are entertaining and mentally engrossing, patients usually ignore or don’t even notice the rigor making Wiihab an effective form of steady rehabilitation, according to CBS News.

Our injury law firm is a big proponent of Wiihab, which is why we donated a Wii gaming system to the Lake Taylor Transitional Care Hospital in Virginia (VA). We witnessed the positive results of Wiihab. Within minutes of our donation, patients were playing, or watching and waiting to play, the Wii.

Studies are currently under way to quantify the effectiveness of Wiihab, but from what we’ve seen up to this point, it has great potential to help a lot of injured people.

Originally posted at InjuryBoard by Rick Shapiro

Rail Operators Failing to Maintain Safe Crossings

Randy Appleton — Sun, 18 Oct 2009 14:01:53 GMT

Last Wednesday, a Minnesota (MN) Washington County Court judge affirmed a $21.6 million jury verdict against rail operator Burlington Northern Santa Fe Corp. for failing to maintain a safe railroad crossing. The judge also assessed $4 million in penalties against BNSF for destroying evidence in the case and for paying unqualified individuals for supposedly expert testimony.

BNSF had been defending itself against civil charges that its neglect of crossing safety led to the deaths of 17-year-old Bridgette M. Shannon and of Brian L. Frazier, Harry J. Rhoades Jr. and Corey E. Chase in Anoka, Minnesota on the night of Sept. 26, 2003. Each of the young men were 20 years old when the car they and Shannon were in was struck by a freight train traveling through a crossing where gates to block cars and trucks was not working.

Citing court documents, a Star Tribune article listed the following actions as BSNF’s “biggest blunders” in presenting it unsupportable defense:

Destroying a laptop that contained data about the train’s speed and the crossing signal procedures.
Losing or destroying a computer disk containing train and signal performance information.
Failing to inform inspectors and plaintiffs that it knew of signal problems.
Destroying records of track work at the crossing.

Railroad crossings should to be clearly marked, and train operators must ensure that any installed crossing gates and warning bells and lights are maintained in proper working order. Also, while not required, it is advisable that active tracks have gates at crossings and that crossings be cleared of anything that can obstruct a driver’s, pedestrian’s or train engineer’s vision. Failure to meet to follow safeguards caused a collision between a freight train and a car as recently as this weekend.

The Toledo Blade reported Sunday morning that Chris Butler and his son his, Craig Chadwick, died when their car struck a Norfolk Southern freight train as it crossed a long, private gravel driveway in the town of Delta, Ohio. Neither Ohio nor federal laws requires trains to blow their whistles when they cross private roads or paths, and the crossing where Butler and Chadwick were killed is marked only with stop signs and “Private Railroad Crossing” signs. A large shrub blocks the view down the tracks in one direction.

Having represented victims of railroad accidents since the 1980s, I know too well how important clearly marking and safely maintaining railroad crossings are. Judgments such as those in the BNSF case go some way toward ensuring railroads keep crossings safe, but the tragic accident in Ohio should remind everyone that much progress remains to be made.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as the Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJLOriginally posted at InjuryBoard by Randy Appleton