The new light rail system, The Tide, is due to open to the public August 19th and Hampton Roads Transit hopes to prevent accidents by educating people about safety, according to an article in The Virginian Pilot.
Combine light rail trains, cars, trucks, bicycles, motorcycles, and pedestrians and it may be inevitable that a collision or an injury occurs. With any new light rail system, it is expected that accidents and injuries occur more frequently in the beginning as everyone begins to adjust.
According to the U.S. Bureau of Transportation Statistics, in 2005, incidences involving Light Rail Transit systems in the US include:
625 accidents
268 injuries
15 fatalities
Light rail operators have reported during testing this month that, “something happens pretty much every day.” This however is due, in part, to public negligence. Despite signs and lights, drivers are still running red lights, making illegal turns, and stopping on the tracks. In 2009, the Federal Transportation Administration reported that 90% of accidents involving light rail trains is caused by “public behavior.”
A serious accident occurred between a SUV and a motorcyclist this morning in Chesapeake. The accident resulted in serious injuries to the motorcyclist, including the loss of his leg.
The accident occurred in the 400 block of Mt. Pleasant Road around 6:30a.m., according to WVEC.com.
Police are reporting that the driver of the SUV was taking a left turn onto the 168 Bypass when it collided with the motorcyclist. The impact severed the biker’s leg.
The rider of the motorcycle was taken to the Sentara Norfolk General Hospital by Nightingale.
Charges are pending against the SUV driver who was determined to be at fault.
If you or a loved one have been seriously injured in a motorcycle accident caused by someone else’s negligence, we are available to help you understand your legal rights. Contact us to setup a free, no obligation consultation Toll Free 877-544-5323 or Local: 757-233-0009
Motorcycle riders are frequently the victims of careless and inattentive drivers of cars and trucks. Whether the carelessness is caused by a drunk driver, or the all too frequent indifference that motorists exhibit towards motorcyclists, the results of a collision with a motorcycle are all too often catastrophic or fatal.
The major cause remains the failure of other drivers to recognize motorcyclists.
An unfortunate accident occurred Sunday when a 2011 Chevrolet Traverse caught fire due to what police are saying was a faulty fuel line killing James Anthony Weschler.
Michelle Weschler and a four year old child in the backseat were able to get out of the vehicle when someone stopped to help them escape.
According to WVEC.com, she was taken to Sentara Norfolk General Hospital and is in critical condition. The child was also injured and taken to Children’s Hospital of the King’s Daughters.
The accident happened occurred near Little Creek Road on I-64.
Mr. Weschler was 38 years old and a Chesapeake resident. According to the Virginian-Pilot he was in the Navy.
Defective products, such as auto parts of poorly designed cars or medical products, are known to cause physical injury, illness, or even death. With these types of cases it is not uncommon for serious injury to occur before the defect is found. If you believe that you or a loved one were injured due to a defective product, contact our Norfolk, Virginia injury attorneys for a free consultation. Local:757-233-0009 or Toll Free: 877-544-5323
Nursing home injuries, and even deaths, are all too common when: a facility is under staffed, its staff members are poorly trained, or when individual staff members just doesn’t care.
If you are currently exploring the residency of a nursing home, for yourself or a loved one, be sure to do your research. Quality ratings, health inspections, quality measures, and nursing home staffing numbers are all very important factors to know about a facility before making a decision. Medicare.gov provides you with all of this information in addition to other resources and checklists to help you make this important decision.
Nursing home malpractice has many forms:
Falls in Nursing Homes
According to the Centers for Disease Control and Prevention (CDC), about 1,800 patients living in nursing homes die each year from fall related injuries. A nursing home averaging about 100 beds will report 100 to 200 falls each year.
10% to 20% of nursing home falls cause serious injuries
2% to 6% cause fractures
Nursing home staff have a responsibility to conduct a fall-risk assessment, which will aid in the reduction and prevention of patients falling.
Negligence may occur when a patient has a pattern of falls and there is a clear failure on the part of the staff to apply any sort of accommodation to prevent future falls.
Bed Sores or Pressure Sores
As defined by MedicineNet.com, a bed sore is: “A painful, often reddened area of degenerating, ulcerated skin caused by pressure and lack of movement, and worsened by exposure to urine or other irritating substances on the skin. Untreated bed sores can become seriously infected or gangrenous. Bed sores are a major problem for patients who are confined to bed or a wheelchair. They can be prevented by moving the patient frequently, changing bedding, and keeping the skin clean and dry. Also called a pressure sore, decubitus sore, or decubitus ulcer.
Most often when a bed sore develops, it is usually a clear sign that the patient is not being cared for properly. Reasons for lack of care may include: negligence, under staffing, or poorly trained staff members.
Wrongful Death
A wrongful death can occur when the death of a patient has occurred due to the nursing home facility’s negligence. The loved one’s family may bring a wrongful death lawsuit against the facility as a result of it’s negligence.
Common reasons for wrongful death include: death due to the lack of accommodation for a patient known for falling, death from infection or serious complication from bed sores, dehydration, malnutrition, medication errors, and abuse.
Other serious forms of nursing home injuries may include: physical/sexual abuse, and medication errors.
Contact Us
If you or a loved one believe to have been seriously injured due to nursing home negligence our Virginia personal injury / medical malpractice attorneys are available to help you understand your legal rights. Contact our office to schedule a free no obligation consultation.
Law Offices of Richard J. Serpe, PC 580 East Main Street, Suite 310 Norfolk, VA 23510 E-mail Us or call Toll Free: 877-544-5323 Local: 757-233-0009
In Virginia, you may not file a claim if you in any way contributed to your injuries.
Comparative Negligence vs Contributory Negligence
Comparative Negligence
Almost all states follow the comparative negligence system which allocates a percentage of fault between the individuals involved in the accident. With this type of system a defendant may prove that the plaintiff was partially at fault for the accident, relieving themselves of full liability.
“pure” comparative negligence
If a plaintiff was awarded $100,000 and the judge determined that the plaintiff was 10% at fault for their injury, they would receive $90,000. Damages are reduced to reflect the their contribution to the injury. This would also apply if the plaintiff were 80% responsible for their injury, and they would receive 20% of the damages.
“modified” comparative negligence
Most states that follow the comparative negligence system use this modified approach. If the plaintiff is found to be 50% or more responsible for the accident, they may not recover any damages at all.
Contributory Negligence
Virginia is one of the few states that still follow the contributory negligence system. The only other states are: Alabama, Maryland, North Carolina, Virginia, and Washington DC.
The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.
More Virginia Car Accident Frequently Asked Questions
After a year and a half of delays and $338 million dollars, HRT has finally announced an opening date for the Tide light rail system. The latest delay in opening the system was because of issues with safety equipment.
The Hampton Roads Transit system has announced that the Tide light rail will officially begin running on August 22, 2011. Prior to its official opening, starting August 19, 2011 they will allow three free days of service to the public.
According to The Virginian Pilot, issues with safety equipment orders, installation, and testing is the cause of the latest delay. Equipment such as light signals and communication systems, are designed to avoid collisions between trains, vehicles, and even accidents with pedestrians.
Even with all of this safety preparation, the negligence of a driver or pedestrian has the potential to cause accidents. HRT is urging that motor vehicle operators and pedestrians to be aware of running trains as additional work and testing continues.
The most worrisome areas are in downtown Norfolk, where in several places, a train and vehicle share the same driving space. In these areas it is critical for drivers and pedestrians to obey new traffic signals and signs to avoid accidents and injuries.
Tuesday a Chinese drywall class-action lawsuit was settled for $54.5 million, which will cover the remediation of 2,000 to 3,000 homes in Florida.
According to the Miami Herald, Miami based supplier Banner Supply sold 1.4 million sheets of contaminated Chinese drywall to builders in Florida and has agreed to pay these homeowners in the settlement.
“This is a substantial development in Chinese drywall litigation,” said Ervin Gonzalez, a Miami attorney representing the plaintiffs in the case, in a statement. “It enables Florida homeowners to get some relief from their ongoing Chinese drywall issues.”
Banner Supply claims that the German-based manufacturer lied about the quality of the product and wishes to seek damages against the manufacturer.
Banner Supply has also paid $2 million to 79 homeowners in another class-action in October over Chinese drywall.
The main blade grips and main rotor blades can release from the main rotor head, posing an impact and laceration hazard.
“Horizon Hobby has received 312 reports of the rotor blades releasing from the rotor head, including 34 reports of a blade striking a user, resulting in 12 laceration injuries.”
“The plastic buckle that connects the chin straps can fail, causing the helmet to come off the wearer’s head. This poses a head injury hazard to riders in the event of a fall.”
2,300 Strollers distributed by: Lan Enterprises, LLC, of Hillsboro, Ore.
“The opening between the armrest bar/snack tray and seat bottom of the stroller can allow an infant’s body to pass through and become entrapped at the neck, posing a strangulation hazard to young children when a child is not harnessed. When using a stroller, parents are encouraged to always secure children by using the safety harness, and never leave the child unattended.”
Consumers urged to recheck netbook models and batteries
Previous recall of about 54,000 to 70,000, and 162,600 additional batteries
The recalled lithium-ion batteries can overheat and rupture, posing fire and burn hazards to consumers.
“Since the May 2010 recall expansion, HP has received 40 additional reports of batteries that overheated and ruptured, resulting in seven burn injuries, one smoke inhalation injury, and 36 instances of property damage.”
Four people are dead and more than 50 others are in the hospital after a tour bus flipped on I-95, about 30 miles north of Richmond, Virginia in Caroline County. The accident happened this morning around 5 a.m.
According to the Richmond Times Dispatch, the tour bus was leaving North Carolina and heading to New York when it flipped onto its roof.
The remaining 53 passengers where all transported to hospitals from Fredericksburg to Hopewell; almost all with minor to life-threatening injuries. The driver suffered only minor injuries and was not taken to the hospital.
Currently the accident is still under investigation, however the cause of the accident seems to be driver fatigue. According to one state police spokesman the driver has been cooperative. The driver has yet to be identified or charged.
The bus service route has been identified as the Sky Express of Charlotte, N.C.
The time limit allowed in Virginia for filing a medical malpractice claim, or statute of limitations, is generally 2 years from the date the injury occurred. So for example:
2 years from a misdiagnosis which resulted in an incorrect treatment or even lack of treatment leading to further injury
2 years from a prescription error which caused you harm
2 years from a surgical error
Depending on the type of case, there may be a few exceptions. For example, in the case that a foreign object is left in the body during a surgery, you only have 1 year from the date the object was discovered to file a lawsuit.
In Virginia it is required that an expert, a certified physician or medical professional, support your claim of negligence before you can file a lawsuit. This can sometimes be a lengthy process and must be done before the statute of limitations or you will not be able to file a lawsuit.
If you think that you may have a potential medical malpractice claim, contact our office to speak with a medical malpractice attorney about your options. We provide free, no obligation consultations.
