Norfolk-Portsmouth Personal Injury Lawyer - Norfolk

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

FAA system failure raises safety concerns

Emily Mapp Brannon — Thu, 19 Nov 2009 23:59:19 GMT

The system that failed is the behind-the-scenes communication network the Federal Aviation Administration uses to track flight times and paths, The New York Times reported.

Without it, The Times reported, airlines were forced to fax flight plans to the FAA, and then air-traffic controllers had to type the flight plans into the FAA computer manually.

Those flight plans usually include hundreds of numbers and letters, as well as the kind of aircraft, place of departure, and precise en route flight plan – checkpoints, altitudes, and more, The Times said.

A bad circuit board was blamed for the glitch, the Los Angeles Times reported. And while federal officials emphasized that passenger safety was never an issue – radars, radios and other critical systems continued to work – the failure raises yet more troubling questions about the FAA’s technology situation.

“The aviation agency’s data processing system has a variety of problems,” The New York Times said. “While it was hailed as a marvel when it was introduced decades ago, much of it is written in obsolete computer language and the agency has been slow to provide updates.”

Hartsfield-Jackson Atlanta International Airport in Atlanta was hit especially hard, with AirTran cancelling 30 flights and Delta Air Lines cancelling 54. Hundreds more were delayed, the Los Angeles newspaper said.

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

Nor'easter heightens drowning risks to Hampton Roads (VA) residents

Rick Shapiro — Wed, 11 Nov 2009 23:21:15 GMT

The Nor’easter that blew into Hampton Roads Wednesday afternoon may be one for the record books – but hopefully residents will exercise common sense and stay safe.

The greatest hazard to human life during Nor’easters and other severe coastal storms is drowning while behind the wheel. The National Weather Service says that more than half of all storm-related drownings come when someone drives into water.

“People underestimate the force and power of water. Many of the deaths occur in automobiles as they are swept downstream,” the weather service says on its Web site. “Of these drownings, many are preventable, but too many people continue to drive around the barriers that warn you the road is flooded.”

In Norfolk, city emergency managers are urging drivers to be especially cautious both Thursday and Friday from 3 a.m. to 8 a.m. and from 3 p.m. to 8 p.m., WAVY-TV reported. These times are when tides are expected to reach their apex.

Typically, in Norfolk, these streets flood: Hampton Boulevard north of Old Dominion University, Tidewater Drive south of Brambleton Avenue, and large parts of the Hague, Willoughby, East Ocean View, Larchmont and Edgewater.

The weather service has these suggestions to avoid drowning in a storm:

• Listen to NOAA weather radio or another trusted news source

• If flooding occurs, get to higher ground

• Avoid areas already flooded and don’t try to cross flowing water

• Don’t drive on flooded roadways; the road may be washed out

(MM)

Originally posted at InjuryBoard by Rick Shapiro

High-Speed Rail Plan Moves Forward for Southside Virginia (VA)

John Cooper — Tue, 10 Nov 2009 08:59:27 GMT

Taking cars off Hampton Roads highways is the surest way to reduce traffic congestion, increase driver safety and ensure that economic growth in the area extending from Suffolk to Williamsburg doesn't stall in the face of transportation problems.

Acknowledging that commuter rail is an essential solution to Tidewater's traffic tangles, the Hampton Roads Transportation Planning Organization on Oct. 30 unanimously approved a plan to create a high-speed rail line between Petersburg--south of Richmond--and downtown Norfolk. The HRTPO also considered a proposal to put tracks that would accommodate trains traveling at up to 110 mph on the Peninsula, between Richmond and Newport News, but determined that the Southside course made more economic and logistical sense.

A significant selling point for the Southside route was that high-speed train passengers could deboard at Harbor Park and transfer to the soon-to-open Tide light-rail line.

The HRTPO is made up of senior officials from all the cities in Hampton Roads, and its decision represents the first significant step toward securing a share of $8 billion in high-speed rail development money the Federal Railroad Administration will distribute next year. The proposal to construct a new passenger rail line that parallels Rt. 460 and an existing Norfolk Southern freight line now must pass through a state planning board and public comment period before being forward to the FRA.

The editors of the Virginian-Pilot on Nov. 9 praised the TPO's decision as "courageous." I wouldn't go that far, but I absolutely consider high-speed passenger rail is a necessity for Hampton Roads.

At least a year of debate remains, of course, and the region has no guarantee of receiving federal assistance for construction costs. Plus, even if construction begins in 2011, any high-speed rail service to Hampton Roads might not begin until 2015. A delivery on promise of reduced traffic, safer roads and continued economic health will be worth the wait, however.

The best part to me of this news was the baby step toward cooperation among the cities in Tidewater. It was great that the mayor of Hampton helped a regional plan get made. As someone who lives in Norfolk but works in Virginia Beach, I can never understand why the leaders in Hampton Roads cannot get its act together to help solve traffic problems.

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

Norfolk's Harbor Walk condos, built with Chinese drywall, to get new developer

Emily Mapp Brannon — Wed, 04 Nov 2009 17:30:54 GMT

The beleaguered Harbor Walk condo project in Norfolk’s Ocean View neighborhood is being taken over by new developer Franciscus Co., months after it was revealed that the old developer – Henin Group of Florida – had been using defective Chinese drywall, The Virginian-Pilot reported.

Residents began to discover earlier this year that their luxury condominiums had been built with Chinese drywall that is believed to emit corrosive gases that damage metal and injure people.

Franciscus will be the third developer for the project. Meanwhile, innocent property buyers are suffering. I hope builders and government leaders work diligently to make these people whole.

My colleague Jim Lewis wrote about the Chinese drywall issue earlier this fall when leaders toured tainted homes in Hampton Roads; my colleague Rick Shapiro was one of the first to sound the alarm back in May.

One resident, Jeffrey Dunn, told the Pilot earlier this year that his condo has Chinese drywall and he’s had to ask BB&T Corp., his bank, to give him more time to pay his mortgage.

“If they don’t extend the forbearance, I’ll have to borrow money from family,” Dunn told the Pilot. “At this point my savings is gone.”

A number of Harbor Walk homeowners have sued over the defective drywall, as well as expensive moisture problems in many of the condos.

Homeowner Michelle Germano told WAVY-TV that her condo smelled like rotten eggs. She lost two treadmills, a TV, a refrigerator, a washer and a dryer, she told the TV station.

Franciscus told the Pilot that it hopes to restart the project soon. Only about 81 of a planned 237 units have been completed, the Pilot reported.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Rail Operators Shift to Opposing Safety Upgrades for Being Too Costly

Randy Appleton — Tue, 27 Oct 2009 12:03:36 GMT

Federal rules due to become final before the end of 2009 will require freight, passenger and commuter rail operator to install safety systems along their tracks that automatically slow or shut down trains when they get too close to each other. The systems, known as positive train control, are particularly effective at preventing moving trains from crashing into trains stopped or traveling on tracks ahead.

While a positive train control system did apparently fail with tragic results outside of Washington, DC, earlier this year, rail operators across the country initially appeared willing to put the systems in place when the U.S. Federal Rail administration drafted rules to require positive train control. Now, as reported by the Wall Street Journal, Amtrak, Burlington Northern and Santa Fe and the American Public Transportation Association, which represents subway and light rail networks, say making the safety upgrades will cost too much.

Twenty-year installation, testing and maintenance cost estimates for positive train control systems range as high as $24 billion. That’s a lot of money. But what price could be placed on the lives the safety systems will undoubtedly save? Or on the pain, disabilities and loss of work and wages people not injured in railroad accidents will not have to suffer?

My colleagues and I specialize in representing people injured while working or traveling on trains. We have seen too often how lives are shattered or lost in accidents that could have been prevented. Rail operators should comply with federal requirements for putting positive train control system in place despite temporary reductions in profits.

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), but our lawyers also 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, including 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.

EJL

Originally posted at InjuryBoard by Randy Appleton

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

Does RailView or LocoCAM Accurately Reflect the Visibility of a Railroad Engineer?

John Cooper — Tue, 06 Oct 2009 15:09:00 GMT

As an injury lawyer who regularly handles railroad accident cases, there’s been a lot of talk about “RailView” and LocoCAM” being used by many major railroad companies. Some people believe these devices can be used as key evidence in a railroad accident case. But what exactly is this technology and how reliable is it? Can it hold up in a court of law?

Let’s take a look…

“RailView (a.k.a. RailView Event Data Recorder) is a device that is usually mounted near the train engineer's window. It provides a video recording of the train’s journey, reports the train's speed, whistle activity, and braking activity.

LocoCAM functions similarly, though it’s mounted inside the train’s engine cab on the right side of the windshield at the level of the windshield wipers. The camera makes an ongoing record of conditions on the track and at crossings to increase safety awareness and to have a record for liability purposes in case of accidents.

Here’s a video illustrating how LocoCAM is used on a locomotive train…

http://www.youtube.com/watch?v=ECVRz2i_3GI

The devices have been used in court by both plaintiff attorneys and defense attorneys. For example, attorneys in Petre v. Norfolk Southern Corp. used the RailView record to show that a Norfolk Southern train was speeding which led to the car/train accident which killed Wanda Petre. Nevertheless, the attorneys representing Norfolk Southern also utilized the RailView record to show that the speed at which the train was traveling (61 mph in a 60mph zone) was not sufficient evidence to prove the accident could have been prevented.

But the big question remains – are LocoCAM and RailView reliable and should they be used as rock solid evidence in a court of law? The jury is still out on both questions (pardon the pun). This technology is relatively new so there hasn’t been a major flaw detected…yet. However, I do not believe it can fully reflect the visual capacity of the railroad engineer, and therefore should only be used as a supplement to the railroad engineer’s testimony in court. As you can see by the video above, the LocoCAM gets a certain visual angle, but is relegated to that particular angle. It does not have the freedom of motion that the engineer has and, therefore, the visual range is not comparable. It can still be a helpful piece of evidence, just not an equivalent to first-hand account of a train accident.

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 in based in Virginia Beach, Virginia (VA). Our attorneys have handled thousands of railroad injury and FELA cases. We would love to send you one of our FREE reports about railroad injury and FELA cases, including the Do’s 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 to discuss your case, 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 John Cooper

Victim in fatal Norfolk DUI crash had hopes to become a flight nurse

Rick Shapiro — Sat, 01 Aug 2009 15:47:00 GMT

More details have emerged about one of the two people killed in a Norfolk (VA) crash a week ago.

Lauren Kok, 22, was a nurse vacationing in Virginia Beach when she and three other passengers climbed into a BMW driven by an alleged drunk driver early July 25.

Kok had just started working as a nurse manager at Richmond Home Needs in Oakwood, Staten Island, N.Y., her family told the Staten Island Advance.

Kok, a recent nursing graduate from the University of Rhode Island, volunteered in the New York area during Fleet Week, was contemplating becoming a flight nurse – a nurse who flies out aboard an airplane or helicopter in emergencies, her father told the Advance.

Kok and Cameron Richardson of Chesapeake died when the BMW slammed into a tree in the 6100 block of Granby Street, in front of Bon Secours DePaul Medical Center. Flowers and stripped bark marked the site Thursday evening.

The driver, Richard B. Freeman, has been charged with drunken driving. Norfolk police have said that speed and alcohol played factors in the crash.

The Advance reported that Kok graduated from Tottenville High School on Staten Island in 2004.

"Lauren is a perfect, perfect, perfect person," the victim's mother told the newspaper.

About the Editors: Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

/MM

Originally posted at InjuryBoard by Rick Shapiro

Norfolk (VA) motorcycle crash claims life

Rick Shapiro — Sat, 01 Aug 2009 15:27:00 GMT

A motorcycle crash in Norfolk (VA) – the third fatal crash in the last week in Hampton Roads – left a Virginia Beach man dead from his injuries, the Virginian-Pilot reported.

Christopher D. Harris, 25, was eastbound in the 500 block of International Terminal Boulevard in Norfolk when he lost control of his motorcycle, Norfolk police told the newspaper. Harris, of Chatham Court in Norfolk, struck a guardrail and was thrown from the motorcycle.

The accident happened at about 3 a.m. Harris was pronounced dead at Sentara Norfolk General Hospital.

Speed was a factor in the crash, authorities told the newspaper.

Friday's crash was not the first fatal crash involving a motorcyclist in Hampton Roads. On Thursday, a Culpeper man died from injuries suffered in a crash in Virginia Beach. A third man died last Saturday.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

/MM

Originally posted at InjuryBoard by Rick Shapiro