Norfolk-Portsmouth Personal Injury Lawyer - accident

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

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

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.

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 Jim Lewis

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..

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