Archive for the ‘Auto Accidents’ Category

How Insurance Companies Deny, Delay, Confuse, and Refuse

Wednesday, July 7th, 2010

Tricks of the Trade:  How Insurance Companies Deny, Delay, Confuse, and Refuse [pdf]

Brought to you by the American Association for Justice. The publication reveals the tricks of their trade, and what you can do about it! “This report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers.”

This is an interesting publication we have in our firm website’s car accident library

Have you been involved in a Virginia car accident?
Contact our Office to setup a free case review by phone or appointment. 
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Study: Sleepy Virginia Beach Teens Get Into More Car Wrecks

Wednesday, June 9th, 2010

Eastern Virginia Medical School researchers say they have found a connection between sleep deprivation and teen car crash rates, particularly in the morning when students are in a mad rush to get to class on time.

WVEC.com explains:

The study looked at the 2008 teen crash rates in Va. Beach and Chesapeake, based on Virginia DMV statistics. It found more crashes in Virginia Beach, where high school classes began at 7:20 a.m., than in Chesapeake, where classes started at 8:40 a.m.

The research apparently suggests that later school start times would allow teens to get more sleep and therefore be more alert behind the wheel and in the classroom. EVMS researchers also looked to another study that apparently revealed that delaying high school star times by one hour reduced teen car crashes by 16 percent.

A spokesperson for Virginia Beach school system said that it does not currently have a later starting time for the high school day under consideration, but that it wishes to review the specifics of the research findings.

WAVY aired this report on the study:

U.S. Senator’s Wife Pleads to DUI Charge

Wednesday, June 9th, 2010

This blog often reports on the dire consequences of drinking and driving, especially among new drivers. However, drunk drivers from all age and societal groups create hazardous driving conditions across the state of Virginia. Case in point: A Fairfax County court recently gave the wife of U.S. Senator Richard Lugar of Indiana a 30-day suspended sentence after she apparently pleaded guilty to DUI, according to IndyStar.com.

Police arrested Mrs. Lugar on November 18, 2009, after she allegedly crashing into a parked car and left the scene in northern Virginia near where the couple lives.  Fortunately there were no injuries. Authorities later dropped all charges arising from the car accident other than driving under the influence.

In addition to the suspended sentence, the judge ordered Mrs. Lugar, 77, to pay a mandatory minimum $250 fine and imposed certain driving restrictions for next 12 months.  She will also attend a local alcohol education program. In Virginia, a first offense could have also resulted in a one-year license revocation.

Mrs. Lugar evidently registered a 0.11 blood alcohol content (BAC) after the accident which exceeded the legal limit of 0.08 in Virginia.

Under Virginia law, a BAC from 0.15 to 0.20 carries a mandatory, minimum five-day jail term in addition to all other penalties.

Hampton Roads Carpool Lanes Off Limits For Military

Thursday, June 3rd, 2010

A Virginia law that would allow active duty military to use carpool-only lanes in Hampton Roads even when driving alone has hit a speed bump: the Federal Highway Administration has rejected the measure.

The Virginia General Assembly had passed a law (subsequently signed by Governor McDonnell) that would allow active-duty military members in uniform driving to and from a base or other facility to use the high occupancy vehicle lanes along I-264 and I-64 regardless of the number of passengers, if any. This legislative exemption applied during rush hour (6 a.m. to 8 a.m. and 4 p.m. to 6 p.m., Monday through Friday).

The bill was designed to reduce highway congestion and perhaps make better use of the sometimes underutilized carpool lanes.  Because federal dollars were used to construct the high-occupancy vehicle  (HOV) lanes, however, “federal officials have authority over how they are used and whether to grant exceptions,” PilotOnline.com reports.

U.S. Congressman Eric Cantor and other lawmakers plan to push for legislation that would override the agency’s denial.

Some military motorists who assumed that the law officially went into effect have apparently been pulled over for using the HOV lane and ticketed with a $100 fine.

10 Virginia Holiday Weekend Traffic Fatalities

Wednesday, June 2nd, 2010

Preliminary data indicate that ten persons died in car crashes in Virginia over the four-day Memorial Day Weekend statistical counting period, according to the Virginia State Police Facebook page.

Six of the fatalites involved passenger vehicles in which the victims were not using seat belts. Three of the incidents were motorcycle crashes, one of which occurred in Virginia Beach. And one pedestrian was killed in Newport News. Overall, state troopers investigated nearly 700 holiday weekend traffic crashes across the state.

Virginia State Police mobilized 75 percent of its uniformed officers for weekend traffic safety enforcement as part of Operation CARE, a state-sponsored, national program designed to reduce car accidents and injuries caused by reckless and/or drunk driving, and failure to use seat belts. Troopers issued or made nearly 11,000 summonses and arrests, most of whom were pulled over for speeding. Some 121 drivers were charged with DUI.

State Police Superintendent Flaherty has this to say:

“For the past couple of years, Virginia has been experiencing a significant decline in traffic deaths statewide. As of June 1 in Virginia, 11 more people have died this year when compared to this same time last year. As we head into the summer travel season, Virginians of all ages must make traffic safety a priority by using a seat belt, not driving distracted, obeying speed limits and never driving impaired.”

Seven persons lost their lives last year at this time on Virginia highways.

Poll Results Suggest Ebb in Driving While Distracted

Saturday, May 29th, 2010

This blog has often focused on the disastrous consequences of using mobile communications in the car. Under current Virginia law, texting while driving in the state is illegal regardless of the age of the motorist. And drivers under 18 in Virginia are prohibited from using any kind of wireless device in the car. Perhaps because of increased publicity and warnings, a survey conducting by national polling firm now suggests that motorists could be cutting down on using their cell phones behind the wheel, ChicagoBreakingNews reports.

In a national survey of about 1,000 adults, Harris International found that 40 percent of those who text and drive are doing it less this year than last year. And of those in the survey who admitted to talking on their cell phone while driving (67 percent), some 30 percent indicated a decrease.

Results also revealed that 20 percent of drivers with cell phones say they send texts while driving. Among drivers under age 35, usage rises to nearly half of all drivers.

Harris conducted the survey for Nationwide Insurance. A Nationwide executive had this to say:

This is the first survey we’ve seen showing drivers making positive changes in their behavior, but there are still too many drivers who either don’t realize just how dangerous distractions behind the wheel are, or are willing to take that risk. The stigma now associated with distracted driving may also have fewer people willing to admit they do it, but studies continue to indicate that [driving while distracted] DWD causes one out of every four U.S. crashes.

Fortunately, most Virginia motorists drive responsibly, but if you–or someone you love–have been injured in an automobile accident caused by a distracted driver in Virginia, do not hesitate to get in touch with the personal injury lawyers at the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.

Virginia State Police Mobilize For Memorial Day Holiday

Friday, May 28th, 2010

Virginia state troopers will step up traffic safety enforcement efforts for the Memorial Day weekend with increased patrols during an operation that  starts Friday, May 28 at 12:01 a.m. and runs through midnight, Monday, May 31. Operation Combined Accident Reduction Effort (CARE) is a state-sponsored, national program designed to reduce car crashes, accident fatalities, and injuries caused by speeding, drunk driving, and the non-use of seat belts.

“In 2009, Virginia experienced its lowest number of traffic deaths in over a decade during the Memorial Day weekend,” Virginia State Police Superintendent Flaherty explained earlier this week. “I challenge all Virginians to play a role in further decreasing the number of traffic deaths and crashes during this year’s holiday weekend by buckling up, obeying speed limits, and driving sober and distraction-free.”

Last year at this time, state troopers stopped more than 10,000 speeders and about 3,000 reckless drivers. Officers also arrested nearly 200 drunk drivers.

State police will simultaneously continue the Click It or Ticket enforcement project, which runs through June 6.

Troopers Conduct Traffic Safety Operation on I-95/I-81 Corridor

Monday, May 24th, 2010

Uniform units Virginia State Police units are conducting roaming patrols and radar along the entire north-side corridors of Interstates 95 and 81 today in the second day of a 48-hour enforcement action called Operation Air, Land and Speed. In a similar two-day operation in March, officers pulled over more than 3,500 speeders, about 700 reckless drivers, and 20 drunk drivers, yielding some 7,000 summonses and arrests.  This included about 300 seat belt violators and 35 drug and felony busts.

At the same time, state troopers along with other Virginia law enforcement agencies are participating in the Click It or Ticket enforcement mobilization which run through June 6. According to preliminary figures for the first quarter of 2010, of the 244 persons killed in traffic-related fatalities, 113 were not wearing seat belts. Virginia State Police Superintendent W. Steven Flaherty had this to say about the seat belt enforcement program:

There are so many lives which can be saved, or injuries significantly reduced if every driver and passenger in Virginia took a few extra seconds to buckle a seat belt. It is not only important for you but it is an investment for your family and loved ones. Don’t take a chance. Protect yourself and your passengers by simply buckling up.

According to the state police, these operations will leave its operational duties on other highways and primary and secondary roads unaffected. Federal highway safety grants provide the funding for the state operation.

Study: Distracted Driving, Not Drinking, Causes Increase in Teen Nighttime Fatalities

Monday, May 24th, 2010

A Texas think-tank claims that the steady increase in nighttime fatalities among teen drivers nationally over the past ten years comes from distracted driving rather than driving while intoxicated.

“Being on a cell phone behind the wheel impairs our driving ability,” said a senior research engineer with the Texas Transportation Institute, the organization that authored the study. “When you add the nighttime danger, you create the perfect storm, and that storm is much more severe for young drivers, largely because of their lack of driving experience.”

The study notes that the ten-year increase in nighttime fatal accidents for teen drivers is greater than motorists in the 20-and-older cohort. But increased alcohol use is apparently not a significant factor among newer drivers,  despite conventional wisdom. The report concludes as follows:

The findings of this analysis suggest that alcohol is contributing to an increase in nighttime fatal crashes involving drivers age 20 and older. However, the same is not true for teenage drivers, suggesting that factors other than alcohol are responsible for the trend of increased nighttime crashes for teens. It is likely that distractions (a common driving risk factor for teenagers) in the form of talking or texting on cell phones is prominent among those factors. Other dominant risk factors for teenage drivers (lack of experience, additional teenage passengers, speeding, not wearing seat belts, and alcohol) have been present and well recognized for many years, long before cellular communication became prevalent. However, it is cell phone use – propelled by rapid technological advancement and increased affordability – that is likely the most notable new driving risk factor for contemporary teens.

The complete study can be accessed here.

Virginia Auto Accident & Injury Lawyer

Friday, May 21st, 2010

Have you been injured in a Virginia car accident? 
Our Virginia Personal Injury Attorneys are available for an immediate review of your case. Car accidents caused by distracted and drunk drivers lead to serious injuries and death every day across the state of Virginia. If you are the victim of a Virginia auto accident, contact our experienced automobile accident lawyers to help you claim your rightful compensation.

Q: If a family member died from an auto accident, what kind of claims can family members make against the driver and owner of the car that caused the death?
Q: How much time do I have to sue the driver of the car that caused the accident?
Q: If I was a pedestrian or riding a bicycle and I was struck by a car, can I sue the driver and owner of that car for my injuries? 

Crash Takes Life of Drunk Driving Suspect’s Girlfriend

Friday, May 14th, 2010

Alcohol abuse cuts across all age groups, but it’s a particularly challenging issue among teenagers and young adults in Virginia and throughout the county in connection with car accidents that sometimes have fatal consequences. This following horrific accident occurred in rural Indiana, but it is the type of occurrence that sadly could happen anywhere.

According to Indianapolis news media, a 21-year-old Indiana motorist who was driving drunk and going about 80 mph plowed into a residence on May 8 after running a stop sign. The driver’s girlfriend, a backseat passenger, died in the crash, while another passenger was injured. The homeowners were trapped in the rubble before being rescued.

Once the driver, who has a one-year-old child with the deceased woman, was released from the hospital, he was taken into custody by the local police. He is facing ten felonies in the fatal accident, including reckless homicide and DUI. His blood test results apparently revealed a BAC of 0.19, more than twice the legal limit.

The couple had apparently just celebrated the baby’s birthday.

In Virginia and in virtually all jurisdictions, motorists arrested for driving under the influence are subject to severe criminal and administrative penalties and may also be sued by the victim or the victim’s family in civil court for personal injury damages. If you–or a loved one–-have been injured in a Virginia automobile accident caused by an impaired driver, regardless of that driver’s age, you need to know your legal rights. Contact the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.

Virginia Beach juvenile pleads guilty to manslaughter of friend, teammate

Wednesday, May 12th, 2010

Drunken driving, especially when a new driver is the person intoxicated behind the wheel, is a perilous combination.  A Virginia Beach juvenile – 16 years old – pleaded guilty last week to aggravated involuntary manslaughter and drunken driving in an accident that took the life of his teammate.  Read the Virginian-Pilot article here, courtesy of hamptonroads.com.

The case was not transferred to Circuit Court – if it had, then the juvenile driver would be tried as an adult.  Instead, the case was not transferred after a guilty plea was agreed to in the juvenile court system.

The 16 year old driver, and a teammate on the Kempsville High School varsity baseball team, were traveling on the night of March 7 when the vehicle veered off the road and struck a tree.  The passenger was pronounced dead at the scene.  The young men, police believe, may have been consuming alcoholic energy drinks.

Police noted that the impairment of the driver may have been the result of consumption of an “alcoholic energy drink.”  Gaining popularity over the past several years, most convenience stores that carry alcohol also carry carbonated and caffeinated beverages, containing up to 12% alcohol.  The drinks are gaining popularity among young adults and juveniles who are drinking under age, probably due to their somewhat palatable taste, and energetic feeling they provide.  Even more alarming is that these alcoholic drinks often look (are packaged) like regular, nonalcoholic drinks.

Police say that there is video of the two juveniles purchasing alcohol before the crash.