Norfolk Personal Injury Lawyer Blog

SUV Hits Motorcycle in Chesapeake Accident, Motorcyclist loses leg

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.

Motorcycle driver loses leg in accident: wavy.com

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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.

Q: In Virginia, Can I have a claim if I am partly at fault in a car accident?

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

• If I was driving a car or was a passenger in a car struck by another car, can I sue the driver of the car that caused the accident for my injuries?
• Do I have to go to court to receive a settlement for my injuries?
• View More

Virginia Personal Injury Attorney

“Over the Limit, Under Arrest” Drunk Driving Campaign begins

December is National Impaired Driving Prevention Month and the U.S. Department of Transportation has kicked off their annual holiday drunk driving crackdown Monday, according to Arlington Now. 

This nationwide crackdown known for its tagline “Drunk Driving: Over the Limit, Under Arrest,”  will spend approximately $7 million on TV and radio advertising.

The program began after a 2007 National Highway Traffic Safety Administration (NHTSA) revealed the death toll from drunk-driving crashes over Christmas and New Years holiday was significantly higher than during the rest of the year, according to The Epoch Times.

Department of Transportation Secretary Ray LaHood is highlighting a new “No Refusal” enforcement programthat states can use.  The enforcement strategy allows jurisdictions to obtain search warrants for blood samples from impaired drivers who refuse breath tests.

According to last years data, the NHTSA reported 10,839 deaths involving alcohol-impaired driving crashes, with 753 during the month of December alone.

Related Articles: Drunk and Distracted Drivers

How Insurance Companies Deny, Delay, Confuse, and Refuse

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. 
Toll Free: 877-544-5323 or Local: 757-233-0009

www.serpefirm.com

Labor Day Deaths on Virginia’s Roads

Virginia State Police have told the news mediathat over Labor Day weekend, 13 persons died in 11 vehicle crashes, as compared to only seven fatalities in 2008 (Virginia’s lowest Labor Day fatality count since 2001). In 2007, 22 persons lost their lives in Labor Day crashes.

The four-day statistical counting period this year began Friday, September 4, at 12:01 a.m. and ended at midnight on Monday, September 7.

On a national basis, Labor Day is historically one of the deadliest drunk driving holiday weekends of the year.

Authorities said that motorcycles were involved in four of the eleven accidents, and that alcohol played a role in two car crashes and one motorcycle crash.

Over the long weekend, police also responded to 621 traffic crashes, stopped nearly 9,400 speeders, and issued tickets to about 2,500 reckless drivers, and arrested 90 impaired motorists.

“It is discouraging to see fatalities escalate during the Labor Day weekend, during a time when the Commonwealth is largely experiencing a drop in fatalities,” State Police Superintendent Colonel W. Steven Flaherty said. “What this says is, the need is still there to remind drivers they are taking their own lives, their passengers’ and other motorists’ lives into their own hands when they get behind the wheel. State police cannot emphasize enough the importance of putting safety first, so you or your loved one doesn’t become the next statistic on Virginia’s roads.”

As part of its public safety operation during the weekend, state troopers implemented Operation C.A.R.E (Combined Accident Reduction Effort), a state-sponsored, national program designed to reduce crashes, fatalities, and injuries caused by speeding, impaired driving, and failure to use occupant restraints, particularly during the national holidays.

The police also participated in the Checkpoint Strikeforce. campaign, an initiative that combines enforcement and education efforts to raise public awareness of drunk driving.

Unfortunately, accidents on Virginia roads brought about by reckless, distracted, or impaired operators cause serious injuries and death every day across the state, not just during holidays.

If you–or someone you love–have been injured in a Virginia automobile or motorcycle accident, you need to know your legal rights. 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.

2009 Turns Deadly for Virginia Bikers

2009 is tragically emerging as a record-setting year for Virginia motorcycle fatalities in the Hampton Roads area. According to the Virginia Pilot, more than twice as many people have been killed in motorcycle wrecks in Norfolk/Virginia beach and surrounding communities so far this year than in all of 2008.

Two men died last weekend in separate Virginia Beach crashes–marking the fourth time this year that police have investigated multiple motorcycle fatalities within  a week–bringing the local fatality total to 13.

In 2008,  six persons died in local motorcycle accidents.

Warmer weather tends to draw more people to their motorcycles and to the roads, Adam Bernstein, a Virginia Beach police spokesman, said. “Riding the bike isn’t the hard part. The hard part is watching what everybody else is doing,” Bernstein added. “Your reaction time slows down, and reaction time is paramount on a motorcycle.”

Now more than ever, it is important for motorcyclists to be well informed of and know basic riding skills and safety. This information may be obtained through instructional classes provided by the Department of Motor Vehicles Virginia Rider Training Program.

Virginia DMV statistics for the entire state indicate that 79 motorcycle riders were killed in 2008; of those, four were passengers. About 2,400 motorcycle riders suffered injuries in the same year; of those, 209 were passengers.

The Virginia accident lawyers at the Law Offices of Richard J. Serpe, P.C. understand the challenges and difficulties faced by motorcycle accident victims. Call us today to schedule a free initial consultation if you have been seriously injured in a Virginia motorcycle accident, Toll Free 877-544-532.

Motor Vehicle Accidents – The 2nd Leading Cause of Traumatic Brain Injuries in the United States

Perhaps one of the most debilitating repercussions of a motor vehicle accident is the medical condition known as a “Traumatic Brain Injury” (TBI).  Not surprisingly, this condition is caused by a significant shock to the head and is often sustained when a person is injured in an automobile accident caused by the negligence of another driver.

Recent statistics have shown that automobile accidents account for approximately 280,000 cases of traumatic brain injuries per year in the United States, thus making it the second leading cause of traumatic brain damage as noted by the National Center for Injury Prevention and Control.

Depending upon the severity of the condition, victims may require life-long care which often places an unfortunate financial strain on family members and loved ones of victims.  As a result of the potentially incapacitating nature of head trauma, it is imperative for the victim and their family that they are represented by the most competent and well established attorneys available.  The Virginia brain injury lawyers at our firm have experience working with doctors across the United States, enforcing the legal rights of trauma victims, as they strive to be the voice of the victim.

Traumatic brain injuries can range from being “mild” in nature to “severe,” so it is important not to dismiss noticeable symptoms (such as impairment in cognition, memory, and behavior) as “normal.”

If you or someone you love have been injured in an automobile accident, do not hesitate to get in touch with the Personal Injury lawyers at the Law Office of Richard J Serpe, PC.

Toll Free 877-544-5323

Ten Reasons for Motorcycle Accidents

The Virginia accident lawyers and the Law Offices of Richard Serpe understand the challenges and difficulties faced by motorcycle accident victims. As the number of motorcyclists has increase dramatically over the last 10 years, both because of recreation and economy, so has the number of serious motorcycle injuries and deaths.

It is important for motorcyclists to be well informed of and know basic riding skills and safety. Equipment safety, braking, cornering, lane placement, obstacles, and riding during weather conditions are all things a safe motorcyclist should know about. This information may be obtained through instructional classes provided by DMV’s Virginia Rider Training Program.

Below are ten reasons the National Highway Traffic Safety Administration (NHTSA) says motorcyclists can become involved in an accident:

1. Lack of basic riding skills
2. Failure to know proper operating techniques
3. Failure to know vehicle limitations
4. Failure to be awareness while riding
5. Failure to use defensive driving techniques
6. Lack of specific braking and signaling
7. Failure to follow the speed limit
8. A motorcycle should be chosen for comfortable fit and the cyclist should also be able to put both feet on the ground
9. Lack of  proper equipment for passenger riders
10. Failure to reach and use controls properly

An immediate investigation is not only necessary for car accident victims, but is just as important for the injured motorcyclist. Locating witnesses who can testify to the inattention and carelessness of the truck or car can make a difference between winning and losing your serious motorcycle injury case. Individuals injured in a motorcycle accident should contact the Virginia accident lawyers at the law firm of Richard Serpe immediately.

We represent Virginia motorcycle accident claims in Alexandria, Bedford, Bristol, Buena Vista, Charlottesville, Chesapeake, Colonial Heights, Covington, Danville, Emporia, Fairfax, Falls Church, Franklin, Fredericksburg, Galax, Hampton, Harrisonburg, Hopewell, Lexington, Lynchburg, Manassas, Martinsville, Newport News, Norfolk, Norton, Petersburg, Poquoson, Portsmouth, Radford, Richmond, Roanoke, Salem, Staunton, Suffolk, Virginia Beach, Waynesboro, Williamsburg, and Winchester

Motorcycle Accidents

Virginia Motorcycle Accidents

The Virginia accident lawyers at the Law Offices of Richard Serpe understand the challenges and difficulties faced by motorcycle accident victims.  As the number of motorcyclists has increased dramatically over the last 10 years, both because of recreation and the economy, so has the number of serious motorcycle injuries and deaths. If you have been injured in a motorcycle accident, contact our office for immediate assistance. 

In 2007, motorcyclist deaths surged 6.6%, and was the 10th straight year of increase.  This represents over 5000 deaths of motorcyclists.  Understanding the root causes of these accidents is essential for protecting the legal rights of motorcycle injury victims.

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.

Most Frequent Causes of Motorcycle Accidents

• The major cause remains the failure of other drivers to recognize motorcyclists (70% of all accidents)
• Cars rear end motorcycles
• Cars or trucks that do not use turn signals before changing lanes
• Motorcyclists forced off the road by a car or truck entering their lane of traffic
• Poor road conditions
• Excessive speed of either motorist
• Alcohol, drugs of either motorist

Types of Motorcycle Accident Injuries:

Trucks and cars have undeniable advantages in the protection of motors.  Airbags, seatbelts, and significant “right of weight” all tilt the playing field in favor of the survivability of a crash to the truck or car which hits a motorcycle.  In contrast, motorcyclist lacking all of these advantages frequently will suffer:

• Wrongful death
• Brain Injury
• Spinal Cord Injuries
• Shoulder Injuries

Get Help Immediately

An immediate investigation is not only necessary for other types of accident victims, but is just as important for the injured motorcyclist.  Locating witnesses who can testify to the inattention and carelessness of the truck or car can make a difference between winning and losing your serious motorcycle injury case.  Individuals injured in a motorcyle accident should contact the Virginia motorcycle accident lawyers at the law firm of Richard Serpe immediately.