Petersburg Personal Injury Blog

Almost every day for the past few weeks I have been reading or hearing about the dangers of using cell phones for conversations or texting in all sorts of situations, some I’d not even thought of. Virginia personal injury attorneys like me know distracted drivers cause serious car and truck accidents. I’ve written blog posts on this issue before. Any distraction that causes you to take your eyes off the road, for even a second or two, may end up causing a tragic accident.

I have a case like this in my office now. A truck driver traveling on a local interstate at night took his eyes off the road to adjust his radio. When he looked up, there was nothing he could do to avoid rear-ending my client’s truck which was traveling directly in front of him. As a result of the accident, my client sustained a permanent, catastrophic injury.

A few days ago, I read that even walking and using a cell phone is risky. Some people get so caught up in telephone conversations they are oblivious to danger. They may walk into a truck, stumble on a hole in the sidewalk, or hit a pole. One morning I heard on the radio that one of four auto accidents is caused by a driver using a cell phone, Later the same day, I read two articles in different newspapers reporting on an investigation into a 2008 Los Angeles commuter train wreck that killed 25 people.

Apparently, the commuter train’s engineer ran a red signal before he slammed into an oncoming freight train. An investigation revealed the engineer had sent or received as many as 43 text messages on the day of the crash, one just 22 seconds before the collision. Obviously, he was distracted from his primary responsibility, to keep his passengers safe.

Congress took steps to prevent this type of tragedy when it recently passed a law mandating “positive train control.” This system, when installed, will sense a train if and when it approaches a red signal at high speed. It will automatically slow down the train or stop it if the engineer disobeys the signal. Unfortunately, this law will not go into effect until 2015.

Yet another article, this one in a Richmond, Virginia newspaper, gave details of a motor vehicle accident in which a woman struck the rear of a fire truck in broad daylight. The fire truck was parked in the right lane with its emergency lights activated because it was responding to a vehicle fire. One firefighter, who had been standing beside the fire truck, was injured. Allegedly, the driver indicated to the investigating police officer that she was distracted by a ringing cell phone.

The Neilson Company reports that text messages outnumber mobile voice calls by three to one. This change in mode of communication may have far reaching consequences. Cell phone use while driving is distracting and dangerous; however, studies show texting is even more dangerous.

It’s easy to see why. When you are reading and writing text messages your eyes are focused almost exclusively on your cell phone, not on the road. It takes longer to read or write a text message than it does to dial a phone number. While you’re talking on your cell phone, your brain may be focused on your conversation, but at least you are likely to be looking up at the road and surrounding traffic. Not so when you’re texting.

Labels: Motor Vehicle Accidents

While certain driving behavior like talking on cell phones and texting is dangerous and getting more so, there is some good news about car safety. Highway deaths are declining. According to the Insurance Institute for Highway Safety (IIHS), the number of highway fatalities dropped from 43,443 in 2005 to 37,261 in 2008. The number continued to fall during 2009. As an attorney who handles car and truck accident cases every day, I’ve been wondering why.

Apparently, there is no clear answer to this question. However, there are several likely reasons for the drop in fatalities: improved automotive safety technology, better highway design, increased seatbelt use, and the crack down on drunk driving and speeding. In addition, the bad economy has kept some drivers off the road as they try to reduce fuel costs.

With respect to automotive technology, safety factors that may help reduce highway fatalities include an increase in the number of cars furnished with side airbags, as well as head and torso protecting airbags. Cars and SUVs are also safer because most are now sold with electronic stability control systems that use a vehicle’s braking system to avert skidding.

Over the years, highway design engineers have made roads safer through the construction of jersey walls and other barriers to divide highways, especially in sections that pass through urban areas. These barricades prevent out-of-control vehicles from crossing medians into oncoming travel lanes where they may strike cars and trucks head-on. When two or more vehicles traveling at highway speeds crash head-on, fatalities are likely. During the past decade, state departments of transportation have also added rumble strips to highway shoulders. When tires cross these strips, the resulting noise warns sleepy and distracted drivers they are about to drift off the roadway.

More motorists are fastening their seatbelts, 84% at last count. If you are belted, it is very unlikely you will be ejected from your vehicle during an accident. To the contrary, if you are unbelted, it is more likely you will be. In its articles about car accident fatalities, my Richmond, Virginia newspaper almost always mentions whether or not the driver or passenger who died was wearing a seatbelt. Almost invariably, I read that the person who died was unbelted.

Over the last decade, The Virginia General Assembly has enacted tougher drunk driving laws. The threat of jail time that may be imposed under these new laws has probably served as a deterrent to some who used to drink and drive. Finally, there are the days I drive along the interstate and see car after car pulled over by the State Police, sometimes three or four of them within a ten mile stretch. These periodic police operations, designed to curb speeding, serve as a reminder to the driving public that speeding is dangerous and speeders will be prosecuted.

Labels: Motor Vehicle Accidents

I practice personal injury law in a region of Virginia, Petersburg and Southside Virginia, that is blessed with beautiful rivers and lakes. Every spring, boating enthusiasts head for their favorite stretch of water on Lake Chesdin, Lake Gaston, Swift Creek, or the Appomattox River at Petersburg to enjoy fishing, sailing, motor cruising, and jet skiing.

As of last July 1, 2009, boating safety education became mandatory in Virginia. The new boating safety education requirements will be phased in over seven years under Virginia Code Section 29.1-735.2. By 2016, no one will be permitted to operate a motorboat (10 horsepower or greater) or a personal watercraft, like jet skis, on the public waters of Virginia, until and unless he or she has met the state requirements.

It is not surprising that Virginia enacted a statute requiring boating safety education. With the popularity of jet skis, more and more young people have taken to boating. Our waterways have become more crowded – and more dangerous. Operator inattention, inexperience, and speed cause boats to collide with each other, turn over, or capsize. Injuries and death are not uncommon.

Under the law that went into effect on July 1, 2009, no person 20 years old or younger could operate a personal watercraft, like a jet ski, unless and until he or she had fulfilled certain boating safety education requirements. These same requirements, with respect to personal watercraft, will apply to older operators as follows: 35 years old and younger by July 1, 2010; 50 years old and younger by July 1, 2011; all ages by July 1, 2012.

However, this isn’t the end of it. Beginning on July 1, 2012, all motorboat operators 30 years old or younger must meet the requirements. Thereafter, the requirements will be phased in for operators 40 years of age or younger (July 1, 2013), 45 years old or younger (July 1, 2014), 50 years old and younger (July 1, 2115), and all motorboat operators, regardless of age (July 1, 2016).

How can you meet the boater safety education requirements? Many boaters already do. You will comply if you do or have done one of the following:

• Complete and pass a boating safety course approved by the National Association of State Boating Law Administrators (NASBLA); or
• Pass a proctored equivalency examination that tests your knowledge of information included in the curriculum of an approved course; or
• Possess a vessel operator license granted to maritime personnel by the United States Coast Guard.

There are several other ways to comply with the requirements. In addition, there are exemptions for persons who assume operation of a motorboat after an operator becomes ill or physically impaired and for those who operate a motorboat under onboard direct supervision of a person who does meet the requirements. If you want to learn more about the new law, go to www.dgif.virginia.gov. You should know there is a $100 fine for a violation.

March is the season for boat shows. It’s the time of year boating enthusiasts begin to think about the joys of being on the water again after a long winter. Enjoy Virginia’s waterways this summer! Remember that even if the new law doesn’t apply to you yet, it will eventually. Make plans now to meet the requirements, and don’t wait until the last minute.

Labels: Motor Vehicle Accidents

The number of TV ads touting auto insurance companies seems limitless. There’s a gecko talking on screen about insurance provided by “his” company. A spokesman for another insurer tells us we’re in “good hands” with his employer. Yet another voiceover reminds us that, “like a good neighbor,” his company is there for us when we have a car accident. As a plaintiff’s personal injury lawyer, I review auto insurance policies all the time because insurance coverage is one of the most important things I need to know about.

An injured client’s own insurance coverage can sometimes be as important as the amount of coverage carried by the negligent driver who injured him. Therefore, it is important for every car or truck owner to search for the best insurance terms and the maximum coverage he can find at the best price. For this reason, I recommend you comparison shop your auto insurance coverage at least once every two or three years, if not more frequently.

Every insurance company bases its insurance rates on its own set of factors and actuarial calculations. These differ from company to company. Variables may include past accidents and traffic violations, the make and model of your vehicle, the number of miles you drive per year, where you drive, your age, your gender, and, of course, the amount of insurance you want to purchase.

It may be news to you, but auto insurance companies sometimes consider your credit record in determining the cost of your premium. A credit based insurance score differs from ordinary FICO scores used by banks and other lenders, but it does factor in data found in your credit report. Apparently, auto insurance companies believe your credit record may indicate how likely you are to file an insurance claim.

With all these variables, it makes sense to do some comparison shopping every so often. You might save hundreds of dollars by changing insurers. Look to see if your state’s Department of Insurance provides price comparisons. Other Web based resources include: www.ChoiceTrust.com; www.value-auto-insurance.com.

Be careful in your analysis. Do you qualify for discounts? Many insurers offer good-student discounts to families whose teenage drivers maintain a certain grade point average. You may find discounts for going paperless or authorizing your bank to set up direct payments from your checking account. Some companies give discounts to customers who pay the premium in full rather than opting for an installment plan.

Check out the reputation of each auto insurance company you consider. Organizations like Consumer Reports and J.D. Power & Associates provide information regarding customer satisfaction rankings. Although many insurers now sell directly over the internet, many companies also have local agents who represent them. These agents may not only be able to give you competitive premium quotes, they can also explain, face to face, what your coverage options are and answer questions you have.

At the end of the day, you may decide to remain loyal to the auto insurance company you already have. And that’s all right. You will have satisfied yourself that you’re getting the best deal or value for your money. Just knowing this can give you peace of mind.

Labels: Motor Vehicle Accidents

Some months ago, I wrote a blog post commenting on an Allstate auto insurance company newspaper ad reporting that “nearly 5,000 teens died in car crashes” in 2008. Recently, a similar Allstate advertisement caught my eye.

The headline asked a provocative question and gave a startling answer: “Why do most 16-year-olds drive like they’re missing a part of their brain? Because they are.” As a personal injury lawyer in Southside Virginia, I have represented many people injured in auto and truck accidents caused by young drivers, so this surprising statement encouraged me to do a little research.

A National Institutes of Health (NIH) study supports Allstate’s assertion. Researchers using magnetic resonance imaging (MRIs) technology to map the human brain from childhood into adulthood have found the brain continues to mature well into a person’s twenties, and it is the frontal lobes, which are responsible for many of the brain’s executive functions, that develop last.

This area of the brain, called the dorsal lateral prefrontal cortex, plays a critical role in a person’s ability to exercise good judgment and to make appropriate decisions. It also enables a person to better understand the future consequences of his or her actions, and it helps inhibit risky behavior.

It’s easy to understand how a delay in development of the teenage and young adult brain might play a role in immature driving behavior among this segment of the population.

A look at crash statistics demonstrates this fact. The Insurance Institute for Highway Safety has reported that teenage drivers are four times more likely to be involved in a vehicle crash than older drivers, and they are three times more likely to die in one.

Of course, brain immaturity is not the only reason young adults are killed in motor vehicle accidents. However, the recent research on brain development has encouraged states to enact teen driving laws that include gradual licensing provisions and bans on cell phone use in vehicles operated by drivers under age 18.

The NIH research also serves as a reminder to parents to exert strict and active control over their teenage drivers. Ensure that your teen gets adequate driving instruction, monitor his driving behavior and skills, instruct him to comply with your state’s driving laws, and take away driving privileges if and when it becomes obvious he is not driving responsibly.

Labels: Motor Vehicle Accidents

There seems to be no end to what new technology can do for all of us – including drunk drivers. As a Virginia personal injury lawyer who handles car and truck accident cases, I have seen firsthand the tragedies irresponsible drunk driving can cause. Now cell phones are coming to the rescue according to The Wall Street Journal.

Apparently, there is a new iPhone app that reports whether it is safe for you to drive after you’ve been drinking alcoholic beverages. It works this way. You enter your weight and what you have had to drink into an app appropriately named R-U Buzzed. In response to the information you’ve entered, the cell phone will provide an estimate of your blood alcohol level. If it is 0.08% or higher, you are above the legal limit and are in the category of those drivers who may be arrested and convicted of drunk driving in Virginia.

Always remember, however, that you may not be a safe driver at BAC levels below 0.08%. You may not realize it, but it is a scientific fact that your reflexes begin to slow down after you’ve ingested alcohol but well before your blood alcohol content reaches the present 0.08% legal limit. This means you may be unable to react as quickly as you need to in order to avoid a motor vehicle accident. And the accident may not even be your fault!

For example, if another driver falls asleep at the wheel and drifts into your travel lane and you are fully alert, you may have time to swerve out of the way and prevent a catastrophic crash. On the other hand, if your judgment or ability to react is impaired, by even a small amount of alcohol, you may be unable to take action in the second or two necessary to avoid a collision.

State law enforcement officials are hoping the free iPhone app will appeal to teenagers and young adults, the demographic most often involved in drunken driving fatalities. About 80% of drunk drivers involved in fatal vehicle crashes are between the ages of 16 and 34!

Yes, the iPhone app has its limitations. A drinker’s level of impairment may depend, not only on the amount of alcohol he has ingested, but also on additional factors such as the amount of food he has eaten, any medications he may have taken, and the extent to which he may be sleep deprived.

Yet, the iPhone application can be effective. Often a drinker won’t accept the fact he has had too much to drink. He thinks he feels just fine. He may disregard or laugh off a friend’s admonition not to drive. However, it may be more difficult for him to ignore the cautionary red message his cell phone sends him saying, “Don’t even think about it!… Designate a sober driver.”

If you have an iPhone, download the R-U Buzzed app. After all it’s free, so why not try it?

Labels: Motor Vehicle Accidents

On the same day I wrote my post on the dangers of riding in pickup truck beds, I was driving near my home in Petersburg, Virginia when I saw something else that disturbed me: a beautiful chocolate lab sitting proudly, nose into the wind, in the bed of a pickup that was hauling a camouflaged boat. The lab and his owner must have gone hunting earlier that morning.

As a personal injury attorney in Southside, Virginia, I spend most of my time worried about human clients who have been injured in car and truck accidents, not dogs. However, riding in the back of a pickup is just as dangerous for a dog as it is for a person – and it’s dangerous for passersby as well.

Estimates indicate that about 100,000 dogs riding in truck beds die every year in accidents. Sometimes a dog simply jumps out of the bed of a moving pickup. Occasionally he falls out. More often a dog, sitting or lying unrestrained, is ejected from a truck bed during a motor vehicle collision. In most of these cases where the truck is moving, someone’s beloved pet is injured or killed. He may be run over by a passing vehicle.

The most obvious solution to this hazard is to ensure your dog rides up front with you, restrained in a harness. Placing your animal in a cage or travel carrier secured to the truck bed may be an option. Tethering may also prevent a dog from voluntarily jumping out of a truck.

However, the cage and tether present risks of their own. A cage may not be much protection when a pickup flips over. In addition, a dog may strangle or be dragged along the roadway if caught the wrong way in a tether or leash during an accident.

There is something else that concerns me as a personal injury lawyer who represents people injured or killed in car and truck accidents. Transporting a dog in the open bed of a truck endangers other motorists. When a dog is ejected or jumps out of a truck, another motorist may have to swerve to miss the animal and in the process strike a third vehicle or travel off the road and crash into a tree. Serious injury or death may result.

So be fair to your dog and other motorists. Don’t drive with your dog in the back of your pickup truck. Keep your pet up front with you.

Labels: Motor Vehicle Accidents

A month or two ago, a sad news item flashed across my computer screen. It announced that Bengal’s receiver Chris Henry had died from injuries suffered when he fell from the bed of a pickup truck. Personal injury lawyers like me know that riding in the back of a pickup is extraordinarily dangerous.

This is why a number of states, including Virginia, have enacted laws that forbid children under 16 from riding in the back of this type of truck. Young adults are the most likely to be victims of truck bed accidents which commonly occur on summer afternoons and evenings when they are out of school. Of course, the same dangers confront adults, but they are left to determine for themselves whether or not to assume the risk.

Medical reports tell a grim story about what happens to people who fall out of or are ejected from pickup truck beds. Their injuries are usually more serious than the injuries suffered by passengers who are seated and belted inside automobiles when an accident occurs. Head injuries are frequent, but arm and leg injuries as well as facial wounds are also common. However, the head injuries are the most likely to kill a person ejected from a truck bed.

Keep in mind the various kinds of protection provided for passengers who sit inside a car or truck – protection that is not provided to those who occupy the truck bed: three point seat belts, airbags (front and side), and the enclosed cage of the vehicle itself. Passengers riding in a truck bed don’t have the benefit of any of these important safety features.

As a result, in the event of a collision, a sharp turn, or a sudden stop, truck bed occupants are likely to be flung across the truck bed, striking the truck walls or hitting cargo. And that’s if they are lucky. It is more likely they will be ejected from the vehicle altogether and face an increased risk of severe brain injury or death.

It’s one thing for an adult to choose to ride in the bed of a pickup truck. It is unconscionable to permit a child to do so. So if you’re a parent, think carefully before you allow your own child or other children to sit in a truck bed – even if you’re sitting back there with them. The physical forces unleashed in a motor vehicle crash and the speed with which these accidents happen mean it is physically impossible for an adult to adequately protect a child while an accident is in progress.

Everyone traveling in a pick-up truck deserves a reasonably safe ride. Unfortunately, no one sitting in a truck bed is safe, by any definition. The opposite is true. So always make sure you sit in the front of a pick-up truck and buckle up. If there’s no room for you there, travel in another vehicle or just stay home. The risk of severe and permanent injury just isn’t worth it!

Labels: Motor Vehicle Accidents, Personal Injury

In a recent post, I discussed ways ATV operators can drive more safely. What I didn’t mention are the dangers associated with the shoddy design and manufacture of some ATVs, especially ones produced in China for children. A child or adult can be a cautious driver, but if he is driving a defective ATV, the safe operation of his vehicle may not count for much. The same, of course, is also true for cars and trucks that are defectively designed and manufactured. As a personal injury attorney in Petersburg, Virginia, I’ve seen these cases as well.

Recently, ATVs made in China have attracted attention in the press. According to a New York Times article, some small ATVs imported from China and marketed for young children are unsafe. Some lack front brakes or come equipped with sharp handlebars that may cause injury. Others are designed with a narrow wheel base that makes the vehicles more likely to flip over. The situation has deteriorated to such an extent that, at one port in this country, customs officials seized a ship’s cargo of Chinese ATVs because they did not meet United States safety standards.

Because there is a demand in the United States for inexpensive, ATVs made for children, Chinese manufacturers seem willing to cut corners in their design and production in order to capture market share. The less it costs these companies to make child sized ATVs, the cheaper the price they can charge, the more ATVs they will sell, and the more profit they will make. Because these vehicles are low-priced, more and more of them are sold to Americans every year.

And it’s not just ATVs. More faulty products of all kinds have been entering the United States. Last year, Congress finally took action and passed the Consumer Product Safety Improvement Act which applies to many consumer products. Under the new statute, safety standards for the design of ATVs are mandatory. Previously, they had been voluntary. Remember, however, that ATVs do not have to meet the same federal safety standards that cars and trucks do. This means ATVs will continue to be more dangerous than they should be. What can you do?

First, think twice about whether it is a good idea to buy any ATV, American made or a Chinese import, for a child under 12. ATVs are not toys. They are powerful, potentially dangerous machines, and children don’t have the driving experience or judgment to handle them safely. Avoid buying ATVs over the internet. You will want to examine the vehicle you buy first hand. Test its brakes and steering mechanism. Consider the width of its wheel base and ask yourself if it is more likely than other ATVs to tip over on rough terrain. Look for obvious manufacturing and design flaws. Where your children are concerned, you can’t be too careful.

Labels: Motor Vehicle Accidents, Personal Injury

When I drive down country roads in Southside Virginia and glance off road to see a small pack of ATVs flying over rough terrain, it looks like great fun for all ages. However, as a personal injury attorney I know there are two sides to the story. A well trained and careful ATV driver operating a well designed and properly manufactured all terrain vehicle can enjoy a safe ride. However, a child or adult who drives recklessly or has the misfortune to operate a defectively built ATV is likely to become involved in a serious accident and suffer life-threatening injuries.

Today, let’s talk about ATV driver safety. As the popularity of ATVs has increased over the years, so have injuries and deaths. In 2006, there were 750 reported deaths in ATV-related accidents. In addition, 146,000 people were treated in emergency rooms for ATV-related injuries. What do the experts recommend to help reduce this tragic toll?

Training courses are important for all ATV operators. These courses are offered in many locations and are often free. Experience is critical for drivers who ride on uneven and sometimes steep terrain. Formal, hands-on training will teach a new ATV operator how to handle situations he is likely to face while operating his vehicle.

In Virginia, all ATV riders must wear helmets. It’s the law: Va. Code Section 46.2-915.1A. The reason is obvious. There is a high risk of head injury in ATV accidents, and helmets may help reduce the severity of a head injury. Not all helmets are alike. Make sure yours is in good condition and is certified by the United States Department of Transportation and/or the Snell Memorial Foundation. Given the dangers associated with ATV use, wear goggles, gloves, boots, long pants, and long sleeved shirts when operating your ATV. If you are in an accident, this gear may protect you from cuts and abrasions.

Other safety tips:

• Do not carry a passenger on your ATV. An ATV operator must remain in control of his vehicle at all times, and this requires interactive riding. Often the driver must shift his weight and body in different directions to successfully negotiate changing terrain. Passengers may make these maneuvers more difficult or even impossible.
• Stay off paved roads. ATVs are not designed for use on paved roads. In fact, they are more difficult to control on a road or street. And, of course, an ATV is no match for a car or truck in a vehicular collision.
• Children under age 16 should not drive or ride ATVs designed for adults. Children under 16 who are riding adult ATVs are twice as likely to be injured as those driving youth ATVs.

Labels: Motor Vehicle Accidents, Personal Injury