Petersburg Personal Injury Blog

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

A few months ago, I read a sad newspaper story describing an accident in which a pedestrian had been struck and killed by a bus at a busy city intersection. The accident occurred in broad daylight as the pedestrian crossed the street. As a personal injury lawyer who handles pedestrian, car and bus accident cases, I know how frequently pedestrians are struck down by motor vehicles — even when the pedestrian is crossing the street inside a crosswalk.

Here are some things to remember when you walk to an intersection and prepare to cross a street. Pedestrians and bicyclists are at high risk whenever they cross streets, so keep a proper lookout before you enter the roadway. Look both right and left and make yourself aware of every vehicle that’s nearby. If there’s a vehicle close to you that’s still moving as you’re about to enter the street, think twice before you walk out in front of it. The driver may be planning to stop, but then again he may not. And don’t even think about trying to run across the street to beat oncoming traffic.

Sometimes, because of conditions on the street corner, be it construction, a crowd of people, or parked vehicles, a driver may not see you even though you can see him. There are also drivers who become distracted and take their eyes off the road just at the moment you step into the street. They may have a baby inside their car who starts crying or they may reach for something that dropped to the floor. In both instances, they are likely to take their eyes off the road for just a second or two, but that’s all it takes for an accident to happen.

Where a bus driver is involved, the distraction risk may be higher. It is not unusual for bus passengers to get into altercations with each other or start yelling at one another. One or more children may start running up and down the bus aisle. Suddenly, the driver’s attention is drawn to what’s happening inside his bus, not what’s happening on the street outside, where you are walking. Although it is true that a city bus driver must have a commercial driver’s license to operate a public bus, that doesn’t necessarily mean he or she is a safer driver.

In the end, it’s up to you. You can never assume the driver of a motor vehicle will see you or stop for you as you cross a street — even in the daytime or on a well lit street at night. So whenever you’re about to cross a highway, road, or street, make sure you can do so safely before you start across.

Labels: Motor Vehicle Accidents, Personal Injury

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 to enjoy fishing, sailing, motor cruising, and jet skiing.

This year, for the first time, boating safety education becomes mandatory in Virginia. The new boating safety education requirements will be phased in over the next seven years under Virginia Code Section 29.1-735.2. By 2016, no one can operate a motorboat (10 horsepower or greater) or personal watercraft, like jet skis, on the public waters of Virginia, until and unless the operator 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, in particular, have taken to boating. Our waterways have become more crowded – and more dangerous. Boat operator inattention, inexperience, and speed cause boats to collide with each other, turn over, or capsize. Injuries and death are not uncommon as a result of these accidents.

As of July 1, 2009, no person 20 years old or younger can operate a personal watercraft, like a jet ski, unless and until he or she has fulfilled certain boating safety education requirements. In successive years, these requirements, with respect to personal watercraft, will apply to older operators: 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. Starting 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 the 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 the Virginia Department of Game and Inland Fisheries website. You might want to know there is a $100 fine for a violation.

Enjoy Virginia’s waterways this summer! Remember that even if the new requirements do not apply to you as of July 1, 2009, they will eventually. Therefore, make plans now to meet the requirements, and don’t wait until the last minute.

Our Petersburg personal injury lawyers have been in business for more than three decades, and the staff of Cuthbert Law Offices has substantial experience and skill and can help you get the compensation your deserve for your boating accident. Contact our attorneys today to schedule a free consultation.

Labels: Personal Injury

Like most personal injury attorneys, when I first meet a new client who has been injured in a motor vehicle accident, I want to know if the client has given a statement to the auto insurance company that provides coverage to the negligent person who caused the accident. If my client has not yet given such a statement, I tell him not to make such a statement unless he talks to me first. It doesn’t matter whether the statement he’s asked to give is written, oral, or recorded.

It usually happens this way. You’ve been injured in a vehicular accident. A few days later, an insurance adjuster representing the negligent person’s liability insurance company telephones and asks how you’re doing. He wants you to describe all your injuries and to tell him everything about the accident. He seems friendly. He may imply that if you answer all his questions the insurance company will help you with your medical bills and property damage and pay you what your case is worth.

Whenever you deal with any auto insurance company, however, remember the insurance company’s primary goal is to save the company money. The company wants to pay you, the claimant, as little money as possible. The company’s bottom line is paramount.

So what’s really the real purpose of all the questions? The insurance company is looking for a reason NOT to pay you at all or to pay you as little as it can. Maybe you’ll give the adjuster a list of your injuries and forget to name one. Later on, when you’re in a lawsuit, the adjuster or the company’s lawyer will pull out your recorded statement and allege you didn’t have “headaches” after the accident because you failed to mention them in your statement.

Maybe your description of the accident in the statement varies slightly from one you give later on a deposition or in court – months or years later. In this event, the insurance adjuster or the company’s lawyer may argue you have now changed your story and are not telling the truth. If your case goes to trial, a jury may believe you lied.

Protect yourself. Be pleasant, but be firm. Refuse to give a statement about your accident to any insurance company that represents the negligent driver without talking to a lawyer first.

If you were injured in a motor vehicle accident through the negligence of another, the attorneys of Cuthbert Law Offices will fight for your rights against aggressive insurance companies. Contact our attorneys today to schedule a free consultation.

Labels: Motor Vehicle Accidents, Personal Injury

Has it really been fifty years? Recently I read an article that mentioned the three-point seatbelt was first developed 50 years ago this year. A Swedish design, the three-point seatbelt combines a single strap which crosses the shoulder and lies diagonally across the chest with a second strap that crosses the hips. By design, both straps can be fastened with one hand at a single, third point.

Today, we take the three-point seatbelt for granted. But remember it is one of the most effective and efficient safety devices ever invented, and we should use it every time we get in a motor vehicle and drive off. Over my 25 plus years practicing law in the personal injury field, I’ve worked with many clients whose lives have been saved by the three-point seatbelt.

Keep in mind that if you fail to secure your seatbelt, you’re more likely to be ejected from your car or truck in a high speed crash; this can mean death or catastrophic injury. Even if you’re not ejected, you are likely to sustain more serious injuries than a belted passenger because your body will be thrown around the vehicle’s interior more violently during a collision.

Last year, the United States Secretary of Transportation announced that 83 percent of vehicle occupants used seatbelts during the daytime. The figure had increased since the previous year when 82% buckled up. This may not sound like much, but officials at the National Highway Traffic Safety Administration (NHTSA) say that about 270 lives are saved for every one percent increase in seatbelt use. Who are least likely to buckle up? It is pickup truck occupants. They fasten seatbelts only 74 percent of the time.

As a driver, it is your responsibility to see to it that everyone in your vehicle, from the oldest adult to the youngest child, is properly secured in a three-point seatbelt or an approved child’s seat. Seat belts do save lives. Wear yours!

For more information or help with your automobile accident case please contact our Petersburg accident attorneys to schedule a free consultation. Call our Petersburg, Virginia office at 804-733-3100, or our Richmond office at 804-643-3100 today to discuss your rights with an attorney.

Labels: Motor Vehicle Accidents, Personal Injury