Posted on October 15, 2014 in Fatal Motor Vehicle Accidents

Traffic safety has improved significantly over the years, and with many reliable cars on the market most Virginians are able to get where they need to go safely and securely. Still, car crashes and fatal motor vehicle accidents are unfortunately a threat no matter how safety-oriented the state's laws and cars become.

Compared to 2012, some of Virginia's vehicle accident data for 2013 is encouraging. Last year, 741 people were killed in fatal car accidents throughout the state. That figure is down over 4 percent from the previous year. However, of the 2013 fatalities, 253 were related to alcohol — an increase of over 10 percent from the previous year. In addition, another troubling increase is found in the number of people killed in crashes where speed was found to be a factor. Last year saw 339 people lose their lives to speed-related wrecks; that figure is higher than the prior year's total by over 8 percent.

The highest number of fatal crashes took place in March of last year, while the largest number of overall fatalities happened in October. October was also the month in which the highest number of overall crashes took place on Virginia's roads.

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 Posted on October 08, 2014 in Truck Accidents

What causes a semi-truck accident? The answer can vary widely, whether it's a particular incident or a larger trend, there are many different voices eager to share their views on the subject. One set of voices that is increasingly being heard is that of accident victims themselves. In the wake of several recent high-profile truck accidents, such as the one that severely injured actor Tracy Morgan and another that killed four college softball players last month, accident victims are fighting back against dangerous trucking practices. However, trucking trade associations, such as the Arlington, Virginia-based American Trucking Association, often have different views as to the causes of a crash.

One mother who lost two teenage daughters in a tractor trailer accident in 2013 has been active in urging increased trucking safety. She created a social media campaign, set up a website and has even sent over 10,000 petitions to influential figures, including the U.S. Transportation Secretary. She noted that she wants to do anything she can to make trucks less dangerous to others on the road. Each year, semi-truck accidents kill nearly 4,000 individuals.

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 Posted on October 01, 2014 in Drunk Driving Accidents

Any car accident in Northern Virginia can lead to a host of medical and financial issues, but a drunk driving accident can prove particularly wrenching. The car accident victim must cope not only with their own medical trauma but also with the desire to see justice served. In drunk driving accidents, the criminal justice system will usually become involved and the drunk driver will receive criminal charges. In the criminal courts, victims and their families can help investigators and prosecutors see that justice is done.

The civil courts are another arena in which accountability can be sought. After being involved in an alcohol-related accident, the injured victim needs not only justice but to be made whole again. This is where a personal injury or wrongful death lawsuit can play a vital role. In a civil suit, the victim can be awarded monetary compensation for their loss. This can include money for medical expenses stemming from the crash. In cases of severe injury recovery can mean extended periods of physical therapy and possibly even long-term care.

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 Posted on September 25, 2014 in Truck Accidents

Hours of service requirements for truckers have long been a source of concern for drivers, as well as for lawmakers. Over the years, regulations have helped solidify the expectation that truck drivers operate safely and without undue tiredness or rushing. Both driver fatigue and speeding can threaten others' safety, which is why the drivers of commercial vehicles are held to stringent hours of service requirements in Northern Virginia and beyond.

The most recent set of hours of service regulations went into effect in July, 2013. Truck drivers are now limited to 11 hours of daily driving and 14 total hours of being on the job each day. There are also regulations concerning the weekly number of service hours a driver can accumulate. Before the new rules were set forth in the summer of 2013, truck drivers could work up to 82 hours in a single week. Now, they must work only up to 70 hours per week.

If a driver reaches the maximum of 70 work hours in a week, he or she can resume working, but only if certain conditions are met. The driver must rest for 34 hours in a row; this rest must include two nights during which rest occurs between 1:00 a.m. and 5:00 a.m., when most people's body clocks tend to be in need of rest. Finally, an important element of the 2013 trucking regulations is that truck drivers must go on a break for 30 minutes during the first eight hours of their shift.

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 Posted on September 19, 2014 in Car Accidents

After many traffic accidents, it's relatively clear who was at fault. For example, if a sports car driver speeds through a stop sign and crashes into a sedan that was lawfully traveling through an intersection, the injured sedan driver has a strong case to show that the sports car driver caused the accident through negligence and should be held liable for the injured person's damages. However, determining causation after a car accident is not always so easy. For example, what if both drivers ran the stop sign? Can the sedan driver recover compensation in that case?

Virginia law has an answer to this question, and it is somewhat harsh: If the injured party negligently contributed to the cause of the accident, he or she cannot be compensated.

The concept here is known as contributory negligence. In the example above, the sports car driver owes a duty to other drivers on the road to not put them at unnecessary risk of harm. However, the sedan driver also owes a duty of care to him- or herself to avoid harm. By running a stop sign and getting into a car crash, the sedan driver acted negligently. This negligence contributed to the sedan driver's injuries.

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 Posted on September 12, 2014 in Commercial Vehicle Accidents

One of the most frightening sights on any highway, interstate or local road is an overturned truck. Especially in four-season states like Virginia, a semi truck accident is, unfortunately, a threat throughout the year. From slippery roads caused by thunderstorms to icy streets or slick autumn leaves, the danger of any vehicle spinning out of control is a frequent presence. Still, even more disturbing than the thought of a rollover is when it occurs to a truck is carrying hazardous materials.

Sometimes hazardous materials spills can be contained, even after a truck rollover, but often they are extremely dangerous. The Federal Motor Carrier Safety Administration has instituted several different regulations designed to keep both truck drivers and other drivers safe on the nation's roads.

According to the FMCSA, in order to obtain a Hazardous Materials Safety Permit, a carrier must first achieve a safety rating at the level of "satisfactory." Carriers must also register with the Pipeline and Hazardous Materials Safety Administration and have an adequate security program in place. In addition, carriers need to be outside the "worst 30 percent" of the nation's average when it comes to the ratings of their drivers, vehicles, and crashes. Finally, carriers must have in place a system of communicating whereby drivers can contact their carriers during their routes. Written documentation of these communications must also be a part of the program.

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 Posted on September 05, 2014 in Fatal Motor Vehicle Accidents

Coping with a loved one's death may be the most difficult thing a Virginia resident will ever have to go through. When a family member is killed by someone else's recklessness or negligence, the grief, confusion and anger can seem insurmountable. The legal system, however, offers surviving families a way to seek accountability in civil court, but this can be an overwhelming task without legal assistance.

Since demonstrating negligence requires discovering the cause or causes of fatal car accidents, surviving family members must take on this task following a deadly wreck. While official police reports are instrumental, sometimes an independent investigation is needed to round-out the overall review of what happened. A Virginia accident attorney experienced in handling wrongful death cases can provide a family with the experience and legal know-how to put their minds at ease.

In addition to uncovering the real cause of an accident, a wrongful death action must meet several important elements. In order for a wrongful death suit to be successful in civil court, there must have been a death that was caused by another person's negligence, or possibly with some intent to harm another. Moreover, there must have been some harm or damage caused by that death, be it medical expenses, funeral expenses or emotional pain and suffering.

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 Posted on August 28, 2014 in Commercial Vehicle Accidents

As many mature drivers understand, driver's education doesn't stop in high school. In addition to memorizing the rules of the road, safe drivers are always learning as they drive and integrating new experiences into stored information. While it's impossible to guarantee a driver will avoid all accidents, it is helpful to know how many common types of accidents are caused.

One of the most frightening types of crashes is a commercial vehicle accident. This type of accident incites fear in many because it is often the commercial driver's fault, not the passenger vehicle driver's fault; thus, it is not a type of accident most drivers can easily avoid. In addition, commercial vehicles often tower over most Virginia driver's cars, even SUVs and pickup trucks. An accident can thus prove especially catastrophic in terms of injury and property damage.

One of the most common types of any sort of accident is caused by speeding. Passenger cars can slow more quickly than large trucks can, though, which is why many a trucking accident has the simple explanation of speed behind it. A truck may be speeding simply because it's being driven by a negligent truck driver, or it may be going too fast because the driver's employer has set unrealistic timetables that may even go against Federal Motor Carrier Safety Administration regulations.

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 Posted on August 21, 2014 in Fatal Motor Vehicle Accidents

When fatal car accidents occur in Northern Virginia, they don't always make the news. While loss of life is always significant, the region is a heavily-populated area that is also crisscrossed by multiple busy interstates. Still, when a fatal motor vehicle accident involves a famous person, the publicity given to the case can highlight important legal issues.

In Charlottesville, Virginia, two vehicles and a tractor-trailer were involved in a deadly wreck. The identity of the allegedly drunk driver may come as a surprise to some: U.S. author Donovan Webster. The writer is currently being held without bail. According to local police in Albemarle County, the 55-year-old was driving while drunk and may be responsible for the accident that killed a 75-year-old man. Court documents indicate that he is scheduled for a hearing in October.

Reports note that there may be additional charges as the investigation progresses. The driver of the tractor-trailer involved in the accident did not receive any charges. In any fatal crash, the family of the victim is often put in an agitating position where they seek for answers. The results of an official investigation can take time, and even then may not answer every question. Who was at fault? Why did it happen? Did their loved one have to die?

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 Posted on August 15, 2014 in Drunk Driving Accidents

Many Virginians are aware of the dangers of drunk driving and the tragedy that can follow a drunk driver's getting behind the wheel. Understandably outraged, many wonder what they can to do prevent an activity responsible for the deaths and injuries of so many throughout the state.

While most drivers realize the extreme importance of never driving drunk, it's also crucial to never get in a vehicle with someone who has had a drink or two - or more. Even if someone who has been drinking appears to be alert, they still pose a tremendous danger to themselves and others and can easily cause a drunk driving accident. Anyone whose blood alcohol content is at or above 0.08 percent, the legal limit in Virginia, is impaired and should never get behind the wheel. Others can do their part by insisting on a taxi, staying where they are, securing a designated driver or even distracting the drunk driver so that they do not get in the driver's seat.

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