Attorney Blog

Keeping Your Head Cool After a Virginia Car Crash

athomas@dulaneylauerthomas.com (Blog Author)72926 — Thu, 12 Jan 2012 08:00:00 EST

There are many ways to make a Virginia car wreck even worse than it is. As outlined in a recent article, you can make mistakes — like admitting to liability or signing a waiver in exchange for a check — that could ruin your case at a later stage. Yet you can also fail to take a number of crucial steps at the scene of a serious Virginia car accident, and you could be putting lives in danger.
In both cases, it is difficult to blame anyone for making errors. Your Virginia car accident attorney may know what to do and give advice from behind his desk. For people who have just been through the frightening experience of a collision, knowing what to do and keeping a cool head is far from obvious. This is why you should be prepared to:

Evaluate the scene: Even if you just emerged from the crash or just arrived on the scene, you will have to take a deep breath and look around you. Is there any danger that oncoming traffic might inflict further damage? If so, rush to signal the hazard with a warning triangle, flashers, or flares. Direct traffic if necessary and bring any unhurt people to the side of the road, out of harm’s way.
Look for injuries: If people are injured, call 911, and describe the number of people and type of injuries. Describe the location precisely and the damage to the vehicles, which will allow the emergency crews to come over rapidly and with the adequate tools and team.
Wait for the experts: You may help those who are lightly injured, but you should not try to move anyone who has suffered serious back, neck, or head injuries. Keep them warm with clothing or blankets, and offer water if asked. Be attentive to those who say they are feeling okay but who suffered a commotion. They should rest and seek medical help. When police have arrived at the scene, give them the facts, and ask the officer’s name and phone number in order to get a copy of their report. Do not make any statement as to what may have caused the accident.

If you or a loved one has been injured in a Virginia car, truck, or motorcycle accident, please contact our Warrenton or Culpeper attorneys today for a free discussion of your accident case. You will have a clear view if - and how - our lawyers can help in protecting your rights.

The Long Haul: Truck Drivers Need Rest and a Better Pay System

athomas@dulaneylauerthomas.com (Blog Author)71543 — Sun, 01 Jan 2012 08:00:00 EST

Motorists on Virginia’s highways are usually wary of those huge 18-wheelers, sensing that any accident with one of these monster trucks would result in annihilation.

If the crash is caused by the motorist, the truck driver still has a chance to brake, swerve, or otherwise avoid a direct impact, but if the accident is caused by a truck driver dozing off, distracted, or out of focus, the result can be devastating. Many accidents with large trucks in Virginia can be attributed to mistakes made by sleepy, exhausted truck drivers.

There are several reasons for this. Even though there are detailed rules limiting hours of service and rest periods for interstate truck drivers, enforcement of these rules is patchy at best. Truckers have to keep the hours in a logbook detailing when they drive, do other duties, sleep, or are off-duty. These logbooks are easy to tamper with and do not offer serious safety guarantees. Yet the main cause of truck driver fatigue is to be found in their pay system. Interstate truckers are paid by the mile, which means that:

Drivers are not paid when they lose time waiting for cargo at a pick-up point, are stuck in traffic jam, or need to service their truck. They will drive for long hours afterwards to make up for the lost time, even though they have been on-duty for an excessively long time.
Truckers never know whether they will have return cargo or other work in the coming days and will take whatever new freight is offered without considering their state of exhaustion and need to rest.
Oftentimes, truck drivers are given a short deadline to deliver their cargo, which prevents them from taking it easy and increases their stress level.
Truck drivers often cannot afford to refuse a cargo haul even if it requires driving at night and they have accumulated a large sleep deficit.

With a pay system geared towards maximizing a truck driver’s productivity, the only way to prevent abuse and keep both truck drivers and Virginia motorists safe is to strictly control and enforce the hours-of-service rules. Electronic on-board recorders installed in every interstate operating truck would be a good way to start.

Your Virginia Car Accident Case Won't Fly if You Can't Prove Fault

athomas@dulaneylauerthomas.com (Blog Author)70985 — Mon, 12 Dec 2011 08:00:00 EST

In a separate article on the various levels and types of “fault,” it became obvious that most cases of recklessness or intentional misconduct were relatively easy to prove. Many accidents are, however, the result of negligence, a somewhat vaguer concept that ranges widely from drowsy driving to texting behind the wheel.

After a traumatic Virginia car accident, victims either are taken away from the scene with injuries or want to leave the place as soon as possible to be at home with their family and recover from the shock.

Even in these challenging moments, victims or their loved ones ought to remember that they will not be able to get compensation for the damage they have suffered unless they can prove that the other party was at fault. In this respect, it is essential to know how you prove fault:

Police reports are a primary source of information to prove your case. They are considered objective and trustworthy, and police officers are used to noting all the relevant and important details.
The traffic code is not the same in every state, and many motorists ignore the finer details of the traffic laws. Who has right-of-way in merging lanes? Do you need to have your headlights on when it rains? Is cell phone use while driving prohibited?
No-fault crashes are situations where one driver is “per se” presumed at-fault. This is the case of a rear-end crash: The code will hold all drivers who slam into the vehicle in front liable, unless they can prove that the vehicle in front stopped abruptly without cause. A left-turning car at an intersection is usually at fault if it crosses the path of an oncoming vehicle.
An investigation is usually necessary to make sure you have not overlooked anything. Was the other driver using a cell phone? Had he or she a record of traffic violations? At what speed was he or she driving? Is a crash reconstruction necessary? Were there witnesses? You will need all the help you can get in order to reach the highest settlement to which you are entitled.

The Virginia Truck Accident You Don't Want To Think About

athomas@dulaneylauerthomas.com (Blog Author)70805 — Fri, 09 Dec 2011 08:00:00 EST

How do truck jackknife accidents happen? For tractor-trailer drivers, a jackknife is the stuff of nightmares. While, in most Virginia truck accidents, the truck driver comes out unharmed or with light injuries, in a jackknife crash he or she is likely to be very seriously injured.

Jackknife accidents occur when the tractor begins to skid on a wet, icy, or oily surface, and the trailer’s forward momentum causes it to swerve around the tractor. The trailer and the tractor end up at a right angle as they come to a stop.

On some poorly maintained 18-wheelers, the brake system is not balanced evenly across all the wheels. If the tractor’s brakes work well while the trailer’s brakes are deficient, the tractor will start skidding when braking in an emergency, while a heavily loaded trailer will keep on pushing it forward.

Experienced truck drivers know how to avoid jackknife accidents, and motor carriers should make sure they have a proper maintenance program to reduce the chances of a jackknife crash. Many truck drivers and motor carriers fail in this respect, and jackknives continue to happen in Virginia.

Jackknife wrecks are accidents on a large scale

Most jackknife crashes end in misery. The swerving path of the tractor-trailer covers often all the lanes of a highway, causing the truck to strike many vehicles to the left, right, and rear.

Often times, the trailer is damaged, flips over, and spills cargo on the road. Oncoming traffic cannot avoid rushing into the accident scene; approaching vehicles have neither escape lanes nor time to stop. Jackknives are often the trigger of car pileups with countless victims.

Are You Fighting To Keep Your Eyes Open?

athomas@dulaneylauerthomas.com (Blog Author)68976 — Wed, 16 Nov 2011 08:00:00 EST

A child will tell you "I'm not tired..." a few seconds before falling into a 10-hour-long sleep. Why would adult drivers keep on driving when they know, but will not accept, that they need to sleep right now? Drivers falling asleep behind the wheel cause some of the most devastating car accidents in Virginia, and are often killed in the process.

While most people will tell you that they know their limits, most drowsy driving crashes happen precisely because they do not. People often fall asleep while driving because they are more vulnerable or more at risk than in normal circumstances.

Who is more at risk?

Young people with irregular sleeping hours, especially after they have exerted themselves with activities such as sports, dancing or studying
Workers and professionals who have spent long hours on duty or in night shifts
Jet-lagged business travelers
People on medication with sedating side effects, or under the influence of alcohol or other intoxicating substances
Drivers who just consumed a heavy meal, when digestion sets in
People with sleep disorders - especially those suffering from obstructive sleep apnea

What can you do?
Make it a rule for you and your loved ones to stop driving when the first warning signs of drowsiness occur. It is just not worth it to keep fighting when the consequences are so serious and the solution is so easy. Stop and take a nap. Fifteen minutes can help recharge your batteries. If the problem persists, find a room to spend the night or stop for a couple of hours of sleep.

You can eliminate drowsiness preventively. Don't drink alcohol and eat lightly the night before your departure. Avoid driving at night, schedule breaks every two hours, drink caffeinated beverages, and stop taking sedating medication several hours before taking the wheel.

If you or a loved one has been injured in a Virginia car crash, contact our office for a free consultation. Our Virginia car wreck lawyers can help you receive the compensation you deserve for your injuries.

Did the Truck Driver Cause Your Accident in Virginia?

athomas@dulaneylauerthomas.com (Blog Author)68230 — Mon, 07 Nov 2011 08:00:00 EST

Accidents with large trucks in Virginia can be a nightmare twice over. When a passenger car is struck by a massive 18-wheeler, its occupants are often critically injured. On top of this, getting just compensation for serious injuries or wrongful death from the motor carrier can be a long and arduous process. Motor carriers, faced with the possibility of having to pay a huge settlement, often go to extremes to remove damaging evidence left on the scene. They may deny any wrongdoing, challenge your claims, and use delaying tactics to eventually shortchange your settlement.

This is why victims of a serious crash with a large truck need to seek the advice of an experienced Virginia truck accident attorney.

One set of crucial data to collect right after the accident is information on the truck driver, such as:

Commercial driver's license
Driver's qualification file, which includes his employment application and previous employment record, road test results, annual review of driver record, list relating to violations of laws and ordinances, and medical examiner's certificates
Driver's workers' compensation file
Latest medical evaluations and drug test results
Driver training documents
Disciplinary records and annual reviews by the present and previous employers
Driver's cell phone records

Motor carriers are under pressure to hire more drivers. The widely acknowledged driver shortage is often cited as being harmful to truck driving safety because the standards for qualification, training, and safety are set lower for new drivers in a shortage situation. What is not often recognized is that the truck driver shortage is caused, to a large extent, by motor carriers themselves. They pay their drivers by the mile, at a very low rate, with the consequence that truck drivers quit their jobs as soon as they get a chance.

If you or a loved one has been injured in a Virginia truck accident, please contact our Warrenton or Culpeper truck accident attorneys today for a free discussion of your accident case. You will have a clear view if and how our lawyers can protect your rights.

Pain and Suffering After a Virginia Car Crash Can Be Compensated

athomas@dulaneylauerthomas.com (Blog Author)67033 — Wed, 19 Oct 2011 08:00:00 EST

After a life-changing car accident in Virginia, you can seek compensation for your medical bills, lost wages and material damage. However, you are still left with pain and suffering due your injuries, as well as the fact that your life will never be as it was before.

Can pain and suffering be compensated?
This question raises more questions. Pain and suffering cannot be suppressed by money or expressed in monetary terms. However, the immense amount of pain and suffering should not be discarded in a claim.

Compensation for pain and suffering can and should be claimed, but its quantification is not an exact science. Pain and suffering include:

Physical pain
Emotional pain
Loss of companionship
Loss of consortium
Impairment or disability

Pain and suffering awards are usually influenced by a range of factors, such as:

The severity and duration of the injuries
Evidenced physical pain
A loss of enjoyment
A change in lifestyle
The emotional effects of scars, impairments and permanent disability

Other seemingly unrelated factors might influence the jury, such as: the age and gender of the victims, their socio-economic situation, and their attitude facing hardship.

If you or a loved one has been injured in a Virginia car accident, please contact our Warrenton or Culpeper injury attorneys today for a free discussion of your accident case. We will discuss exactly how our lawyers can help you protect your rights.

Virginia Motorists Do Not Want to Share the Road With Bigger Trucks

athomas@dulaneylauerthomas.com (Blog Author)65489 — Sat, 01 Oct 2011 08:00:00 EST

Martha Mitchell Meade, Virginia AAA Mid-Atlantic's Public and Government Affairs Manager, was invited last July to join with other safety advocates in meetings with members of Congress by the Coalition Against Bigger Trucks (CABT), a non-profit organization opposed to legislation authorizing longer and heavier trucks.

"In Richmond, where I work and live, I-85, I-64, I-95 and I-295 are all part of the everyday lives of motorists. I-64 has the highest rate of crashes of all Virginia's six interstates... As congestion on these highways increase, the ramifications of introducing heavier and longer trucks into the mix will increase accidents and fatalities," Meade said.

About one in every four vehicles on the I-81 running along the western spine of the state through Roanoke is a tractor-trailer. In a recent analysis done by the Roanoke Times, more than 20 percent of the vehicles involved in crashes on I-81 were big rigs. In 2009, 77 people were killed and 1,619 were injured in Virginia crashes involving tractor-trailers and other heavy trucks. A total of 3,200 large trucks were involved in non-fatal crashes.

A bill to be voted in Congress would allow the maximum gross weight of large trucks to be increased from 80,000 pounds to 97,000 pounds, and the use without restriction on interstate haulage of longer combination vehicles (LCV) tractors with two trailers.

Both the Owner Operator Independent Drivers Association and the International Brotherhood of Teamsters oppose the bill. Law enforcement officials across Virginia and throughout the nation express grave concerns about the safety of motorists if the heavier truck bill goes through.

If you have been hurt in a Virginia truck crash, please contact our truck accident lawyers in Warrenton or Culpeper today. You can have a free discussion of your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

The Cost of Freedom: When Grandma's Driving Causes Virginia Car Wrecks

athomas@dulaneylauerthomas.com (Blog Author)64501 — Mon, 12 Sep 2011 08:00:00 EST

We are all dedicated to keep seniors driving as long and as safely as possible. Nobody wants them to be hurt or to hurt others. Most of us also understand how depressing it can be for an elderly driver when the time has come to hand over the car keys - a hard but necessary step. Unfortunately, Virginia auto accidents with elderly drivers are a daily occurrence, many of which are caused by the older driver's declining ability to drive.

What signs might tell you that an elderly parent's driving skills are declining?
Be aware of traffic tickets or warnings by law enforcement officers and inspect the car for scrapes and dents. These are signs that your loved one may not be driving as well as they need to. For many older drivers, the weakening of their driving ability is a gradual process - which should give you time to approach the issue. Other signs to look for include:

Decrease in focus and reaction time
Difficulty working the pedals
Disorientation with directions and roads that used to be familiar
Hesitation and stress when merging and changing lanes
Inattention to important signs, such as stop signs and traffic lights
Driving too slowly or disturbing the traffic flow
Poor vision
Arthritis and other aches that prevent the handling of the car
Drowsiness

How do you tell an elderly parent that the time has come to give up driving?
First you should decide who would be best to talk to the elderly parent. Some people may feel better if their whole family talks to them, where others may feel ganged up on and may prefer to hear the views from one person alone. Those who tackle this issue should be close to the elderly driver - such as trusted friends or relatives who have known the person for a long time.

In case the elderly driver does not accept that there is a problem, do not give up. You may consider bringing in more people to talk to them and may even wish to gain a doctor's opinion.

If you have been hurt in a Virginia car crash, please contact our Warrenton or Culpeper office today to schedule a free case consultation with one of our dedicated Virginia injury attorneys. Let us show you how we can help you secure fair compensation.

Teenage Virginia Drivers Should Take a Closer Look at 18-Wheelers

athomas@dulaneylauerthomas.com (Blog Author)63485 — Thu, 01 Sep 2011 08:00:00 EST

The Commercial Vehicle Safety Alliance (CVSA) has recently launched a campaign to make teen drivers aware of the danger posed by large trucks by providing them with an instructor's manual, student workbook, DVD, brochure and one-page handout. This material is well made and instructive for teen and adult drivers alike and can be downloaded or ordered on the CVSA's Teens and Trucks website.

The campaign is aiming to increase teen drivers' knowledge of big-rigs and, in turn, decrease the number of tractor trailer accidents in Virginia and throughout the nation. Its main message is that semi-trucks and passenger cars handle differently; in short, tractor-trailers:

Weigh up to twenty times the weight of a passenger car, with the corresponding destructive power;
Need a much longer distance to come to a stop;
Take wide turns, steering first in the opposite direction before turning so as not to cut corners;
Have huge blind spots, where your vehicle is invisible.

Keeping a safe distance between your car and the truck is, in a nutshell, one of the most important rules of driving in the vicinity of semis.

Don't cut off a large truck because you may get crushed if you have to slam the brakes.
Don't tailgate a large truck because you won't see what's happening in front of you and might end up squeezed beneath the trailer.

Over the past four years, more than 5,000 teens were killed in accidents involving large trucks. If you have young and inexperienced drivers in your family and among your friends, refer them to the CVSA website; you may save a life.

If you have been hurt in a Virginia truck crash, please contact our Warrenton or Culpeper office today. We are happy to offer you a free discussion of your case with one of our skilled, dedicated Virginia semi-truck accident attorneys to see how we can help you secure fair compensation.

What You Never Knew About Virginia Tech's Road Safety Research Center

athomas@dulaneylauerthomas.com (Blog Author)62083 — Sat, 13 Aug 2011 08:00:00 EST

Hidden in the rolling hills around Blacksburg, VA there is a one-of-a-kind, world-class, 2.2-mile two-lane road that is unlike anything most motorists have ever experienced. It is also not accessible to the public - yet.

This revolutionary road is called the Virginia Smart Road. The closed test-bed research facility is managed by the Virginia Tech Transportation Institute (VTTI) - the state's largest research center dedicated to save lives, save time and save money in the transportation field. Its ultimate goal is to design better cars and systems, as well as a better infrastructure to prevent traffic accidents in Virginia and throughout the nation.

The Virginia Smart Road facility is owned and maintained by the Virginia Department of Transportation (VDOT) and managed by VTTI. In the future, depending upon growing traffic demands on the Route 460 Bypass as well as state and federal transportation funding, the Virginia Smart Road might be connected to Interstate 81 and enter the public domain.

In the meantime, what is going on at the Virginia Smart Road?
Transportation scientists and product developers have logged thousands of hours of research throughout the revolutionary facility. It contains many groundbreaking research tools, such as:

weather-making capabilities, which allow the researchers to duplicate conditions such as rain, snow and fog;
a variable lighting test bed;
an on-site data acquisition system;
differential GPS;
road access and surveillance;
and a fully signalized intersection.

The test-road also features the tallest bridge in Virginia, which is 175 feet above Wilson Creek and contains 450-foot spans.

The Virginia Smart Road is the world's first controlled all-weather test facility. Equipped with 75 weather-making towers, researchers can make it rain - from a drizzle to a raging downpour. Snow - from a light powder to thick flakes, as well as pavement ice cover - is also among the optional features. The lighting system is also capable of reproducing 95 percent of all lighting situations that a driver may encounter.

The road includes 600 different pavement designs and currently has 14 experimental pavement systems being evaluated. Researchers routinely conduct tests on a variety of items and ideas, including pavement markings, road signs, pedestrian safety and new vehicle headlamps.

The Virginia Tech Transportation Institute and its Virginia Smart Road are research tools Virginia motorists can be proud of.

If you have been hurt in a Virginia car crash, please contact our Warrenton or Culpeper office today. You can have a free discussion of your case with one of our skilled, dedicated Virginia accident attorneys to see how we can help you secure fair compensation.

Long Overdue Mexico–USA Trucking Agreement Signed

athomas@dulaneylauerthomas.com (Blog Author)60709 — Tue, 02 Aug 2011 08:00:00 EST

On July 6th, transportation officials in Mexico and the US signed an agreement aimed at resolving a 15-year-old cross-border trucking dispute. The accord, if signed by Congress, would end the USA's disregard of a NAFTA provision allowing Mexican trucks to compete with US trucks in hauling cargo from and to Mexico.

On the Mexican side, outrage at the US procrastination had led to retaliatory tariffs on US exports ranging from pork to consumer care products and valued at more than $2 billion per year.

In the USA, it was feared that the trucking accord would bring unfair competition due to much lower wages in Mexico and concerns about safety issues, such as poorly maintained Mexican trucks, lack of safety regulations, and under-qualified drivers.

The accord now requires all Mexican trucks operating in the USA to comply with US safety standards and mandates the installation of monitoring devices to track truck usage and compliance with hours of service requirements.

Supporters of the agreement immediately urged Congress not to derail the program and allow the country to fall short again of its commitments under NAFTA.

Opponents use safety concerns about Mexican trucks as a strong argument to vote against the agreement, even though Mexican trucks will be under increased scrutiny and subjected to the same regulations as US trucks.

Another major concern is the job situation. Mexican truck drivers will not be allowed to haul goods from one US location to another and are only involved in hauling cargo to or from Mexico. Experts estimate that whatever increased trucking competition there will be is going to be offset by the higher volume of trade between the two countries.

If you have been hurt in a Virginia truck crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys who can help you secure fair compensation.

Paralysis: One Dreaded Outcome of a Virginia Car Crash

athomas@dulaneylauerthomas.com (Blog Author)59351 — Thu, 14 Jul 2011 08:00:00 EST

Some motor vehicle accidents have life-changing consequences. After death, paralysis certainly seems the most dreaded effect of a serious Virginia car crash. When caused by spinal cord damage, paralysis does not necessarily mean a complete loss of feeling and movement of the limbs and doesn't have to be irreversible.

Spinal cord injuries are very different in the way that they damage the spinal column and cord and how the nerve cells are affected. As such, no two victims with spinal cord injuries will experience the same symptoms.

Fortunately, most spinal cord injuries result in incomplete paralysis, which allows some feeling and/or movement below the point of injury (POI). This is sometimes achieved by the emergency care team's successful reduction of the compression of the spinal cord due to swelling, broken bones, and foreign matter.

Depending on the location of the POI and the damage to the cord and nerve cells, there are five basic types of incomplete paralysis:

Anterior Cord Syndrome: This is caused by damage to the front of the spinal cord, and it results in impaired movement as well as loss of touch, pain, and temperature sensation below the POI. In most cases, some movement can be recovered with time.
Central Cord Syndrome: When damage occurs to the center of the spinal cord, it can result in paralysis of the arms, but some leg function is preserved. Here again, some recovery is possible.
Posterior Cord Syndrome: This appears when the back of the spinal cord is hurt. The victim will lose movement but preserve sensation on one side of the body, and experience the reverse on the other side.
Cauda Equina Lesion: When the nerves of the lower first and second lumbar region are injured, the patient will experience partial or complete loss of sensation. Sometimes, the nerves will regenerate and the sensory function will be recovered.

If you have been hurt in a Virginia car crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

Who do you fight for your rights after a Virginia truck accident?

athomas@dulaneylauerthomas.com (Blog Author)58041 — Sun, 03 Jul 2011 08:00:00 EST

Many truck accident claims are large ones. Wrongful death, serious injuries, life-changing impairment, loss of income, and total vehicle loss are frequently the result of these frightening crashes for which innocent victims should be able to claim compensation.

The question is how much the defendant will pay, if found liable for all of the damage.

With Virginia truck accidents, sorting out all the parties that could be liable is crucial because of the substantial amount of money involved. Which parties should an experienced truck accident attorney look at?

The owner of the truck: This could be the motor carrier (trucking or logistic company, utility firm, waste management firm, construction company, etc.). Many motor carriers do not own all the trucks they operate, but instead have a leasing contract with independent owner-operators. Under such a contract, the motor carrier is usually, but not always, the liability insurance holder.
The owner-operator: Some trucks are owned and operated by an independent person for his or her own account with an individual DOT number. Other owner-operators lease and operate their trucks for a motor carrier. Who has third party liability insurance and for what amount is essential information to be discovered.
The owner of the trailer: Tractors and trailers are separate entities that do not always belong to the same company. In certain cases, it is important to find out who owns the trailer.
The employer of the driver: Employers are responsible for the accidents caused by their workers, but a driver's employer could be a company other than the truck owner.
The manufacturer of the truck, trailer, or any deficient truck part: If the crash can be ascribed to the failure or design fault of any part of the tractor-trailer, then the manufacturer of the deficient part can be held liable.
A parent or affiliated company: There can be many reasons why the motor carrier or driver's employer keeps certain activities and accounts separate in different corporations. Sometimes, these parent companies have substantial insurance coverage "just in case," which they don't want the plaintiff to uncover.

Crashes involving 18-wheelers require the sort of in-depth investigation and analysis that can only be conducted by experienced and skilled truck accident attorneys. If you have been hurt in a Virginia truck crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

How do you deal with contributory negligence in Virginia?

athomas@dulaneylauerthomas.com (Blog Author)57236 — Fri, 17 Jun 2011 08:00:00 EST

In a recent article on why insurance companies love Virginia's contributory negligence law, we wanted to share with you what the rule means and why it tilts the scale in favor of the insurance companies.

The question of how you deal with this rule is still open. Let's discuss this now.

You need to prove that the defendant is 100 percent at fault or you won't be able to receive any compensation. This can be a real challenge in some cases. More than ever, your case rests on hard evidence, such as:

The police report of the accident;
Witness statements;
On-the-scene investigation and pictures;
Medical reports;
Collection of information on the defendant: cell phone use while driving, intoxication, speed, traffic violations, etc.

You will have to be very careful not to sign any forms or agree to anything that could be held against you afterwards. Do not apologize about anything, even when you think you could have avoided the crash or if you are distressed by the other party's injuries. Do not make any statement to the insurance adjuster, even on the phone.

Considering what is at stake, namely that you could end up without any compensation if you are found to have made even a small contribution to the crash, you should have a free discussion of your case with an experienced Virginia auto accident attorney.

If you have been hurt in a Virginia car or truck crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

Eating and Driving: The Truck Driver's Dilemma

athomas@dulaneylauerthomas.com (Blog Author)55831 — Thu, 02 Jun 2011 08:00:00 EST

Virginia motorists who have taken day-long rides know how boring and tiring driving can be, especially when the traffic is dense and slow. Munching on an energy bar or sipping coffee can help pass time and rejuvenate the driver.

Whether driving with the family to a seaside resort or going to a distant business meeting, car drivers know that everything will be fine until around midday. Driving tends to become far more difficult after lunch. Food digestion is indeed a powerful sleep inducer, particularly if you are stuck behind the wheel, unable to exercise, or lacking intellectual and physical activity.

How are truck drivers supposed to fight drowsiness?

Many truck drivers spend their days stuck in traffic. Truck driver fatigue is responsible for a significant number of large truck crash fatalities and injuries. Warning signs of fatigue can include:

Blinking and yawning frequently;
Eyes closing and going out of focus;
Head sagging;
Unconsciously slowing down speed;
Slow reactions;
Drifting out of the lane.

If digestion induces drowsiness, then digesting a heavy meal and fast food makes things even worse. Truck drivers, like any driver on a long haul, are encouraged to make regular stops to exercise and stretch, eat light meals and fruits during the day, drink water regularly, and avoid soft drinks. A 20 minute nap goes a long way towards restoring energy levels.

If you have been hurt in a Virginia car or truck crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

Do Virginia parents know how to protect their children during a crash?

athomas@dulaneylauerthomas.com (Blog Author)54797 — Wed, 11 May 2011 08:00:00 EST

Children are at risk for sustaining serious injuries in car accidents, as their small size can allow for movement if they are not properly secured.

What are the five rules regarding child safety in motor vehicles?

The first rule is to place infants and toddlers in the appropriate place and type of seat. An excellent resource to consult on this matter is a Car Safety Seat website sponsored by the American Academy of Pediatrics.

The second rule is to make sure that children are restrained at all times. This is not so easy to achieve, because children do not like to be restrained, do not understand the purpose of it, and are perfectly capable of wiggling out of a safety belt as soon as you have stopped watching them.

The third rule is to place children aged 13 and under on the rear seats.

The fourth rule is that when a child older than 13 sits in the front seat:

He or she must wear a lap and shoulder belt at all times;
You must make sure that the child does not lean forward to fumble with the radio or CD player;
You must move the front seat as far back as possible.

The fifth rule is to understand how airbags work. You never place an infant in a rear-facing seat in the front with an activated airbag. Many cars allow you to deactivate the passenger seat front airbag. Airbags deploy instantaneously in a crash, and deflate gradually afterwards. Side airbags protect the side of the body, head, chest, and pelvis in a side impact accident. Make sure that your child does not lean against the area where side airbags are stored.

The attorneys of Dulaney, Lauer & Thomas take your safety seriously. If you have been hurt in a Virginia car crash, please contact our Warrenton or Culpeper office today.

Virginia DUI rules you need to know.

athomas@dulaneylauerthomas.com (Blog Author)54352 — Wed, 04 May 2011 08:00:00 EST

Drunk driving, or driving under the influence (DUI), is constantly the focus of lawmakers concerned with public safety and bringing down the amount of alcohol-related fatal crashes in Virginia. Penalties for DUI are becoming more severe, and Virginia now has some of the toughest drunk driving laws in the country.

As a result, it has become crucial to advertise these penalties that are supposed to act as a deterrent rather than a punishment. A DUI conviction can literally ruin your life.

You do not have the option to refuse a breath test. Doing so could lead to a one-year driver's license suspension, and you will not be eligible for a restricted driver's license during the suspension. The blood alcohol concentration (BAC) with which you can be convicted of DUI is 0.08 percent. A police officer can arrest you for DUI even if your BAC is lower than 0.08, as long as you show all the signs of being impaired at that lower level.

Your driver's license will be automatically revoked for a seven-day period in the case of a DUI first offense. This administrative suspension period can be increased to up to one year, and you may be fined anywhere from $250 to $2,500.

Jail terms, fines, license revocations, and other prosecutions become far more severe with a higher BAC in the cases of repeated DUI offenses, previous traffic violations, or an accident. In addition, a DUI arrest could lead to a criminal record.

The court may grant restricted driving privileges to a convicted driver, allowing him or her to commute to work. One condition imposed by the court might be to install an ignition interlock device in the vehicle.

Virginia DUI laws are quite complex and far reaching. Transporting children aged 17 or younger while under the influence carries additional penalties. DUI offenders may be assigned to an alcohol education and treatment program, or they may have to restitute the costs of emergency response services in case of an accident. They also could be fined for carrying open alcohol containers or have their cars impounded. All of these regulations and many more should make you, and your loved ones, think very hard before driving after a few drinks.

If you have been hurt in a Virginia car crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

Virginia Pregnant Women: Buckle Up!

athomas@dulaneylauerthomas.com (Blog Author)52619 — Thu, 07 Apr 2011 08:00:00 EST

Most Virginia pregnant women go about their normal activities until it's time to rush to the hospital. Even if it is a bit uncomfortable, driving is still a must for hyperactive future moms. But is it safe?

Here are some questions that you might ask yourself if you are pregnant:

Should I use a seat belt?
The answer is yes. Doctors recommend seat belt use for pregnant women, because a seat belt is still the best protection in a crash for you and your unborn child.

Should I adjust my seat?
Yes, again. You should move the front seat backwards as much as possible, while still being able to comfortably reach the pedals. Always keep at least ten inches between your chest and the steering wheel, or the dashboard if you are not driving.

What if my vehicle has air bags?
Air bags do not replace seat belts. You still need to buckle up. Without the safety belt, you would collide with the inflating air bag and hurt yourself and the baby. You could also be ejected or hit other passengers in the event of a side collision.

Should I turn the air bag "off" if there is a switch?
No, air bags will not crush you. They prevent you from being smashed into the hard steering wheel, dashboard, or windshield. Use the air bags if you have them.

Is there a right and wrong way to use a seat belt?
Use your seat belt as follows:

Place the shoulder belt across your chest, between your breasts, and away from your neck;
Secure the lap belt below your belly so that it fits across your hips;
Do not place the shoulder belt behind your back or under your arm.

Drive safely, and send us a card when the baby is born.

If you or a loved one has been hurt in a Virginia car accident, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

What will influence the cost of your Virginia motorcycle insurance?

rdulaney@dulaneylauerthomas.com (Blog Author)52163 — Sat, 02 Apr 2011 08:00:00 EST

In a recent article on motorcycle insurance coverage, we indicated what you should look for when buying insurance for your new bike.

Another angle to the motorcycle insurance topic is this: How do insurers look at you?

Many things affect the cost of bike insurance, including personal information, the type of motorcycle, its use, etc. Insurers who are familiar with motorcycles will ask a lot of questions before giving you a quote, such as:

How old are you? Accident rates vary widely with age.
Did you complete a motorcycle training course? This could make a big difference.
What is your driving record? Accidents and violations influence opinion.
Bike brand, type, and power? This determines accident and theft rates.
What do you use the bike for? In town or rural, commuting or leisure?
Mileage and period of the year? Summer or weekends only?

There are other factors influencing the cost of your insurance, such as when you group the coverage of various vehicles with one company, or the amount of the deductible you are willing to accept. Be mindful that the best way to lower your insurance cost over time is to ride carefully.

If you or a loved one has suffered in a Virginia car, truck, or motorcycle accident, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

Virginia Motorists: Check Your Tires!

athomas@dulaneylauerthomas.com (Blog Author)51498 — Tue, 22 Mar 2011 08:00:00 EST

Tires are the link between your vehicle and solid ground. Acceleration, braking, and staying the course all depend on the quality and state of your tires. At a speed of 60 mph, your wheels rotate between 17 and 20 times per second (depending on the wheel's diameter), which should make you pause and ponder how your life depends on those four tires.

If your tires are worn out or underinflated, if they are of uneven size or quality, or if the wheels aren't well balanced or aligned, then your safety is seriously at risk. Your vehicle could:

Take up to twice the normal distance to come to a stop;
Skid or spin out of control on a wet roadway or in a curve;
Blow a tire at high speed.

Virginia motorists are at risk for serious auto accidents caused by reckless or distracted drivers every time they are out on the roads. Therefore, there is no need to make things worse by driving around in a vehicle with tires that are not properly maintained and serviced. This is especially true for young motorists who have no experience of car maintenance and might drive cheaper, older cars.

What are the basics of tire maintenance?

Locate the recommended tire pressure for your car. Check the tire pressure of all tires, and adjust the pressure once a month. Note that a tire can lose pressure after hitting a pothole or a curb, and that all tires lose pressure over time. Do not rely on visual inspection. Instead, use a pressure gauge.
If you drive a lot, check the tire treads monthly. The depth of the tread is crucial for evacuating water and providing gripping action or traction. Below 1/16th of an inch, tires should be replaced.
When replacing tires, have it done by a professional tire service station and ask for advice about tire rotation, tire sizes, quality, and types. Ask to have all wheels balanced (to avoid vibration at a higher speed) and aligned (to prevent the vehicle from veering to the right or left).

Your tires are the four pillars of your safety on the road. Make sure you can count on them.

If you or a loved one has suffered in a Virginia car crash, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

DULANEY, LAUER & THOMAS, LLP

Warrenton Office

98 Alexandria Pike, Suite 11

Warrenton, VA 20186

Toll Free: 888.907.2631

Local: 540.349.2631

Culpeper Office

209 N. West Street

Culpeper, VA 22701

Toll Free: 800.741.1012

Local: 540.825.6046

Edifying Statistics: Fatal Auto Accidents in Virginia

athomas@dulaneylauerthomas.com (Blog Author)51171 — Sat, 19 Mar 2011 08:00:00 EST

The good news: Virginia traffic fatalities decreased in 2008 (825) and 2009 (757), after rising three years in a row to 1,027 in 2007. Road accident fatalities in Virginia are also consistently lower than the U.S. average.

Let's not elaborate on "the bad news," since clearly any road accident involving death is a tragedy. However, detailed statistics are quite useful for understanding how safe we are when we hit the road.

Alcohol-impaired driving fatalities have followed the same trend, rising until 2007 (303) and then coming down significantly to 243 in 2009. This represents 32 percent of all fatalities in all crashes, and the percentage is the same throughout the entire country.

Seatbelt use related fatalities have gone up, from 35 percent in 2005 to 41 percent in 2009. Extrapolating the fatality rates with or without restraint, the statistics show that, at current seatbelt use, some 260 lives could be saved every year, and an additional 115 would be saved if 100 percent of motorists buckled up.

Per type of vehicle, fatality rates (in percent of total fatalities) have stayed about the same since 2005 for all types of vehicles, and are as follows in 2009:

Passenger cars: 46 percent
Light trucks: 24 percent
Vans: 4 percent
Large trucks: 2 percent

The number of motorcyclists killed in accidents has gone up from 60 in 2005 (7 percent of total) to 77 in 2009 (10 percent of total). This worrying trend could be explained in part by an increased number of registered motorcycles on the road.

The National Highway Traffic Safety Administration's (NHTSA) statistical analysis of traffic fatalities goes into much greater detail than can be outlined here, showing such information as a breakdown by County. Neither Fauquier nor Culpeper Counties are among the ten worst offenders, but all details can be found on the NHTSA website.

If you or a loved one has suffered from a Virginia car, truck, or motorcycle accident, please contact our Warrenton or Culpeper office today. You can discuss your case with one of our skilled, dedicated attorneys to see how we can help you secure fair compensation.

DULANEY, LAUER & THOMAS, LLP

Warrenton Office

98 Alexandria Pike, Suite 11

Warrenton, VA 20186

Toll Free: 888.907.2631

Local: 540.349.2631

Culpeper Office

209 N. West Street

Culpeper, VA 22701

Toll Free: 800.741.1012

Local: 540.825.6046

Do red light cameras really reduce Virginia auto accident rates?

athomas@dulaneylauerthomas.com (Blog Author)49797 — Sun, 27 Feb 2011 08:00:00 EST

Red light cameras certainly are a hot topic in Virginia cities. Law enforcement officers and administrators love them, because they bring in revenue and provide automated enforcement of traffic laws. Citizens and privacy rights groups, on the other hand, usually don’t like them, seeing them as intrusive and prone to error. Some also believe that by pressuring drivers into stopping at red lights, more rear end crashes are caused.

The question that everyone asks is – do red light cameras actually reduce crashes? According to the Insurance Institute for Highway Safety (IIHS), they do.

A study of red light cameras in 14 large U.S. cities revealed that many deaths were likely avoided between 2004 and 2008. How did they determine this, and what else did they find?

The study examined 99 cities with populations over 200,000 to compare fatal accident rates from those with red light cameras to those without.
The rate of fatal accidents at red light camera intersections were compared from 2004-2008 to accident rates in 1992-1996 when there were no cameras. Cities that had cameras in both time periods were excluded from the study.
In 14 cities that had met the above requirements, fatal red light running accidents went down by 35 percent.
In 48 cities with no red light cameras during either time period, fatal red light running accidents went down 14 percent.

Regardless of how people in Culpeper and Warrenton feel, red light cameras are probably here to stay. If they do reduce the number of serious injuries and deaths at busy intersections, then they may be something we all have to get used to.

The fight against Virginia nursing home arbitration agreements

athomas@dulaneylauerthomas.com (Blog Author)49794 — Sat, 26 Feb 2011 08:00:00 EST

Virginia courts are no stranger to arbitration agreements. Many businesses, including Virginia nursing homes and assisted living facilities, use them to protect themselves from hefty lawsuits. However, arbitration agreements – while good for businesses – are often bad for individuals.

If you signed an arbitration agreement, but now want to hold a Virginia nursing home or long-term care facility responsible for a case of abuse, neglect or wrongful death, you may be able to get out of mandatory arbitration.

Some issues with Virginia arbitration agreements:

The arbitration agreement may not be upheld if the person who signed the arbitration agreement does not have legal guardian rights for the resident. This can happen if a family member becomes incapacitated unexpectedly, and there is no power of attorney or legal guardianship paperwork in place.
The arbitration agreement may not be upheld in court if the form was not completely filled out, for example the name of the resident was not included on the form.
If you choose to fight an arbitration agreement in court, the outcome will depend heavily on the facts in your case. Sometimes courts are willing to let you out of the arbitration clause, others are not.

The best thing you can do if you suspect your Virginia nursing home or assisted living facility of abuse, neglect or wrongful death is to reach out to a skilled attorney. We have lawyers in Warrenton and Culpeper experienced in handling nursing home abuse and neglect cases, and we know how to fight mandatory arbitration. Please contact us today for a confidential review of your case.

How to help your attorney WIN your Virginia car accident case

athomas@dulaneylauerthomas.com (Blog Author)47839 — Mon, 31 Jan 2011 08:00:00 EST

If you’ve gone to the trouble of hiring an attorney after being hurt in a Culpeper or Warrenton car wreck, you probably want to do everything you can to keep your case moving forward. Above all, you want to feel like you did everything possible to WIN your case, and get the justice and compensation you deserve.

Here are some tips for Virginia auto accident victims looking to get the most from their case:

Keep in touch with your lawyer, and keep him or her up-to-date on your medical condition or any contact you may have with anyone involved in the case.
Follow your attorney’s advice. This may seem obvious, but clients sometimes unwittingly ruin their own cases by failing to listen to what they are told to do (or not do!)
Don’t sign ANYTHING without first asking your attorney. Even the most simple looking form could be the insurance company’s way to trick you.
Follow your doctor’s orders, because if you don’t the insurance company could blame YOU for your failure to improve. And, see your doctor regularly to follow up on injuries from the accident – you want everything you’re going through to be documented.

It may help for you to view your attorney as a partner – you are both working together to secure that compensation you need to get on with your life after a tragic car crash.

New system in the work to keep drunk Virginia drivers off the road

athomas@dulaneylauerthomas.com (Blog Author)47787 — Sun, 30 Jan 2011 08:00:00 EST

When it comes to transportation safety in Virginia, drunk driving is a hot topic. Every year across the United States over 10,839 people die in alcohol related crashes, which accounts for about 32 percent of all fatal wrecks.

Our federal government takes the issue especially seriously. If drunk drivers could just be prevented from getting behind the wheel in the first place, many DUI wrecks could be avoided and innocent lives could undoubtedly be saved. The new Driver Alcohol Detection System for Safety (DADSS) aims to do just that.

An answer to the challenge of how to keep drunk drivers off of our roads

DADSS technology’s sole goal is to prevent drivers under the influence of alcohol from being able to start their cars. This technology is the result of a five year, $10 million initiative between the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS). ACTS is an industry group for vehicle manufacturers across the world.

There are two different types of DADSS technologies in development. One is able to detect a driver’s blood alcohol concentration using a touch-based approach, while the other tests a driver’s breath. A breath-based alcohol detection device for cars is already available today, and is known as an ignition interlock device.

Technology can save lives

The goal is that someday DADSS technology will be available in all vehicles sold in the U.S., making it that much harder for drunk drivers to kill or be killed on our roads, potentially saving thousands of lives each year.

Virginia drivers: be aware of the holiday drunk driving crackdown

athomas@dulaneylauerthomas.com (Blog Author)45868 — Thu, 30 Dec 2010 08:00:00 EST

A winter drunk driving crackdown is in effect, thanks to the efforts of U.S. Transportation Secretary Ray LaHood. This annual event, “Drunk Driving. Over the Limit. Under Arrest.” Involves law enforcement agencies across the country, and is an effort to limit the number of alcohol-related injuries and deaths that happen every holiday season.

This holiday season Secretary LaHood has chosen to focus on a “No Refusal” strategy for suspected drunk drivers. This strategy would enable law enforcement officers to quickly get warrants to draw blood from drivers suspected to be intoxicated. This would get around a common strategy of drunken drivers, which is to refuse the breathalyzer test.

How will law enforcement officers be able to get a fast warrant on, say, a weekend night? Judges would agree to be “on call”, available to issue warrants immediately. The hope is that more drunken drivers will be prosecuted if they cannot refuse to be tested, and more prosecutions should send the message that drunk driving is not acceptable.

According to national statistics maintained by the NHTSA, drivers in many states refuse to take a breathalyzer test in an effort to evade a drunk driving charge. The highest refusal rate in the US is in New Hampshire, where 81 percent of drivers refuse to take the breathalyzer.

The holiday drunk driving crackdown will last this year from December 15 to January 3.

Were you or someone you love injured by a suspected drunk driver in Virginia? You deserve justice – call our Culpeper or Warrenton office today to get help with your case.

Hearing loss is an expensive risk for Virginia workers

athomas@dulaneylauerthomas.com (Blog Author)45867 — Wed, 29 Dec 2010 08:00:00 EST

If you work in construction, metalworking, industry, or any job that involves loud, sustained noises, you may have already experienced hearing loss. Hearing loss is a major problem in the United States, with the Centers for Disease Control (CDC) estimating that about 30 million workers are exposed to hazardous noise on the job every year.

If your job involves being exposed to loud noises, your employer should have a hearing protection plan in place to ensure you do not suffer from job-related hearing loss. If they don’t, or if their plan is not adequate, they can be held responsible for your hearing loss.

Hearing loss can be expensive. A hearing aid can cost $1,500, with $300 a year for batteries. That does not take into account doctor visits, trips to the audiologist, and the economic impact to the worker if they cannot do the same work they used to because of their hearing loss.

There are no reliable national statistics available on hearing loss, as it is not tracked. However, the CDC estimates that occupational hearing loss could account for $242.4 million in annual disability payments alone.

As you can see, there is a lot at stake in a work-related hearing loss case. If you have suffered hearing loss because of your job, please contact our Culpeper or Warrenton offices to find out how we can help you.

Happy Holidays! Just remember these Five Safe Driving Tips

athomas@dulaneylauerthomas.com (Blog Author)44236 — Tue, 30 Nov 2010 08:00:00 EST

For many in the Culpeper and Warrenton area, the holidays are a wonderful time of year, full of merriment, family and celebration. However, it is also a time to exercise extra caution on the road. Because the time period that includes Thanksgiving, Christmas and New Year’s always results in more accidents, injuries and fatalities than other times of the year it is important to remain vigilant while enjoying the holidays.

Our five holiday driving tips for Virginia residents:

Plan ahead – map out your route and allow for extra time to get to your destination – and time for breaks. You don’t want to be stressed out and distracted because you are lost or late.
Make sure everyone in the vehicle is wearing a seat belt, even your second cousin in the back seat who claims she never wears seat belts. Seat belts save lives – and save your back seat passengers from becoming a projectile in a crash.
Don’t tailgate. This is an easy rule to let slide, especially on long, boring highway trips. You must make sure that no matter what you maintain one car length for every ten miles per hour between your vehicle and the vehicle in front of you.
Don’t exceed the posted speed limit, and slow down if weather conditions or traffic worsen. It can be tempting to speed on long trips to make time pass by faster, but don’t – speed only makes car wrecks that much worse.
Service your car ahead of time, and plan for breakdowns by packing a spare tire, lug wrench, jack, emergency kit, flares, blankets for cold weather.

For more information about safe driving, what to do after an accident, and other tips, please visit our online Virginia auto accident library.

Injured? Consider the high cost of Virginia auto accidents

athomas@dulaneylauerthomas.com (Blog Author)44103 — Sun, 28 Nov 2010 08:00:00 EST

If you or someone you love was hurt in a serious Virginia car wreck in the Culpeper or Warrenton area, you already know about the pain and suffering an accident can cause. What you may only just be coming to realize is the high economic cost of a traffic crash.

The average hospital stay for an injured Virginia crash victim costs over $30,000 – and that is just the average cost for one person. If more people are hurt – or if the stay is longer – the cost just gets higher. The $30,000 also does not include any follow-up costs, rehabilitation, or additional surgeries or treatments that may be necessary. As you can see, a car crash can get expensive – fast.

If you also take into account other economic costs, like the cost of the emergency responders (fire, rescue, EMS), police, ambulance fees, lost productivity from people hurt and unable to work – the price of a crash goes even higher.

Consider these statistics from the Virginia Highway Safety Office. In one year, the economic cost of all traffic fatalities tops 1,000 million dollars. Injury cases in a year cost the state over $1,870 million, and property damage adds up to about $710 million. Overall, the annual motor vehicle crash cost for Virginia can top $3,650 million.

Once you understand the high costs of auto accidents in Virginia, you see how important it is that you only accept a fair settlement from the insurance company. If you accept a low offer – you could be stuck paying for costs you didn’t even think about down the road.

Are private equity companies ruining Virginia nursing homes?

athomas@dulaneylauerthomas.com (Blog Author)41713 — Fri, 29 Oct 2010 08:00:00 EST

It is always disturbing to think of nursing homes as an investment opportunity, but to many individuals and companies that is exactly what they are – just another investment. A recent report from the Government Accountability Office (GAO) reveals the extent that private equity firms have penetrated the nursing home industry.

Over the last ten years, ten main private equity firms have bought other companies and are now in control of 20 percent of for-profit nursing homes in the United States. The GAO has not completed an investigation into the impact this has on nursing home quality of care, however there are other concerns.

It was very difficult for the GAO to trace ownership back to the private equity firms involved. For example, they found that three of the six firms reviewed were not listed as owners of nursing homes they had purchased. In other cases, equity firms were not listed as the owner of all their homes, but they were on some.

Why is it so important that the owners of a nursing home be known? Accountability. If the government can’t even figure out what companies own which nursing homes, what hope do state officials or concerned family members have of getting justice after an abuse or neglect case?

At the end of the report the GAO recommended that the Department of Health and Human Services (HHS) consider requiring that nursing home ownership structures be clearer. HHS agreed, which is good, because this needs to happen.

Virginia trucking accidents – there is always a reason they happen

athomas@dulaneylauerthomas.com (Blog Author)41715 — Fri, 29 Oct 2010 08:00:00 EST

Truck accidents don’t just happen. If you were hurt in a Virginia tractor trailer crash, there is a reason that you were hit. The trick can be finding that reason, and bringing the guilty party to justice. A well-handled truck accident case will involve a thorough investigation of your case that can uncover rule violations, falsified documents, negligence, and more.

How do 18 wheeler accidents happen?

Inadequate driver training
No or little supervision of drivers
Pushing drivers too hard, even having them doctor their logbooks to hide the long hours they drive
Lack of timely maintenance on trucks
Driver fatigue
Distracted drivers
Drivers driving too fast for conditions
Aggressive driving maneuvers like unsafe lane changes, tailgating, speeding
Disregard of state or federal regulations by driver or trucking company

These are just some of the reasons that tractor trailer accidents happen in Virginia. No matter the cause of your accident, you need to keep in mind that trucking companies – like most companies – are in the business of making money.

If one of their drivers causes an accident, the company and their insurer don’t want to get stuck with a huge bill for the crash. They’re going to fight – hard – to keep your settlement as low as possible. It is in your best interest to talk to an attorney about your truck wreck case, to make sure you aren’t taken for a ride.

Care Plan is Key for Preventing Virginia Nursing Home Resident Contractures

athomas@dulaneylauerthomas.com (Blog Author)39851 — Tue, 28 Sep 2010 08:00:00 EST

Contractures – a painful condition where hands, feet, legs or arms pull towards the body – can and should be avoided in Virginia nursing home residents. When a resident arrives at a nursing home, they should be evaluated for the likelihood that they will develop a contracture. This evaluation should be used by the nursing home to develop a comprehensive care plan.

If the contracture susceptibility evaluation is not done properly – or not done at all – then a resident will not get the care they need to avoid developing a contracture. On the other hand, if the evaluation is done and a care plan is developed incorrectly or not at all, then the evaluation is useless.

A proper evaluation and care plan procedure should outline steps that can be done to minimize a resident’s chances of developing contractures. These steps can include:

Positioning: Ensuring that a resident is properly positioned in their chair, wheelchair or beds. Modifications to beds, chairs or wheelchairs may be necessary to accommodate the resident.
Exercise: Range of motion exercises are very important for preventing contractures. The care plan should specify what exercises are necessary and how often they should be performed.
Splinting: In some cases it may be advisable for a resident to wear a splint in order to prevent contractures from developing. These can be hinged to allow for range of motion exercise so that the joint can be flexed, but contractures cannot develop.

Please contact either our Culpeper or Warrenton office for help with your nursing home abuse or neglect questions and concerns.

Culpeper Police focusing on pedestrian and cyclist safety

athomas@dulaneylauerthomas.com (Blog Author)39776 — Mon, 27 Sep 2010 08:00:00 EST

Did you notice the extra Culpeper police out on the jot during Virginia’s Pedestrian and Bicycle Safety Week? Local police made an extra effort to educate both pedestrians and motorists about the importance of crosswalks.

Three pedestrians have died since 2006 in Culpeper after being struck while crossing the road. One woman was hit in a crosswalk and two men were hit while crossing the street outside of a crosswalk. There have also been a number of near-misses at key Culpeper intersections.

Troublesome areas for pedestrians and dangerous drivers in Culpeper include the area around the Post Office, the intersection of Main and Davis streets, and the intersection of Main Street and Sperryville Pike.

Motorists: Remember that you MUST stop for pedestrians in a crosswalk. Failure to do so can be punished with a $200 civil fine. Please also remember that when you are turning on a red light, pedestrians have the right of way.

Pedestrians: Remember that you MUST cross roads at intersections or designated crosswalks. This is not only for your own safety, but also to give motorists enough time to stop if you are in the road. If you walk at night, you should also consider wearing reflective clothing or blinking lights.

Pedestrians and motorists both have the responsibility to act responsibility to keep each other safe. If you or someone you love is hurt in an accident involving a pedestrian, please talk with a skilled attorney like one from Dulaney, Lauer, & Thomas. We’ll make sure we investigate the facts in your case and get you the compensation you deserve.

Employer fails to notify injured worker about his "light duty" work

athomas@dulaneylauerthomas.com (Blog Author)37984 — Mon, 30 Aug 2010 08:00:00 EST

Some Virginia workers who are hurt on-the-job may not be able to return to work right away. However, after they’ve had some time to heal their doctor may allow them to return to “light duty” or restricted duty work.

This means that they can work, just not at the same capacity as they used to. The doctor will specify what the worker can and cannot do, and the employer is required to try and find a position meeting the employee’s restrictions.

An interesting case happened in Kansas, when an employer cut off a worker’s permanent partial disability benefits. Why did they do this? They claimed that the worker failed to perform the light duty work they had for him after his doctor cleared him for this type of work.

First lesson: if your employer offers you light duty work that meets your doctor’s criteria for your work restrictions, you must take it or you could lose your benefits!

In this case, the employer lost and had to reinstate the worker’s benefits. Why? Because the employer and the worker’s doctor exchanged communication about the type of work that the partially disabled worker would be able to do. However, there was no evidence in this case that the worker himself was told that his employer had a light-duty position available that was approved by his doctor.

Second lesson: you can’t be held responsible for what happens if your employer keeps you in the dark about your workers’ comp status.

Need help with your Virginia workers’ comp claim? Please contact us to talk with an experienced Virginia workers’ comp lawyer about your case.

How (Un)safe are Culpeper County Intersections?

athomas@dulaneylauerthomas.com (Blog Author)37883 — Wed, 25 Aug 2010 08:00:00 EST

If you live in Culpeper County or spend much time driving our back roads, you know that there are a number of “challenging” intersections and roads. Some roads twist and turn as they lead up to an intersection, leaving drivers unprepared to stop as expected, and in other cases signs and lights aren’t enough to warn drivers of the hazards they face.

Poorly designed or maintained roads and intersections can be contributing factors in car crashes. If signs are not installed correctly or if they are obscured by trees or bushes, or if road paint is missing, or if a road speed is too fast for the curve, accidents can result.

The Culpeper Star Exponent highlighted some “tricky” county intersections in a recent article. These included:

· Gibson Mall at U.S. 522, where a Culpeper resident recently lost his life after a T-bone crash.

· Norman Road at U.S. 522, with a stop sign that seems to appear out of nowhere (a real challenge for drivers unfamiliar with the area).

· Little Fork Church Road at Route 229, a stop sign hidden by trees and a poorly marked intersection combine to confuse drivers who may be unaware they’re about to enter a major highway.

If you suspect that an unsafe road or unsafe signage may have contributed to your crash, do yourself a favor and get answers by talking with a skilled Culpeper car wreck lawyer today.

A low-speed Fauquier County accident can be a serious accident

athomas@dulaneylauerthomas.com (Blog Author)36260 — Fri, 30 Jul 2010 08:00:00 EST

If you were hurt in a car or truck wreck in Fauquier county, you know how frightening it can be – especially in those moments just before impact when you know something very, very bad is about to happen.

Many people assume that if you are involved in a low-speed crash, you won’t sustain serious injuries. However, that just isn’t true. That’s the peculiar thing about car accidents: some very serious accidents involving cars that are completely totaled leave the vehicle occupants with just a few bumps and bruises, and some low-speed, boring crashes lead to serious, long-lasting injuries.

What can cause you to really suffer major pain and injury after a low-speed crash?

If you were hit at an odd angle, the impact could jar your body in a way that causes internal damage or neck / head injury.
If you were in an older car with less safety features, you could be hurt more than you would have in a brand-new car (but this isn’t your fault!)
Younger passengers or frail or elderly passengers can be hurt badly in any kind of accident.
If you or your passengers were not wearing the appropriate safety restraints, you could be hurt badly even in a seemingly simple crash.

Just keep this in mind – the accident does not have to be serious in order for you to be badly hurt. It is the severity of your injuries that matters, not the severity of the accident. You may feel foolish talking to a Virginia auto accident lawyer about your low-speed crash case, but if your injuries are severe then you best protect yourself by at least getting a free attorney consultation.

Does family of worker killed in carpool crash get workers' comp?

athomas@dulaneylauerthomas.com (Blog Author)36157 — Thu, 29 Jul 2010 08:00:00 EST

These days, many employers in Culpeper, Warrenton, and other areas of Virginia encourage workers to ride-share or carpool to work. It’s a way to be “green” and cut down on traffic congestion on our busy Fauquier county roads.

So, what happens if your company has encouraged you to ride-share or carpool, and you are killed while riding in somebody else’s car? Is your employer somehow responsible for your death – and do they owe your estate workers’ compensation death benefits – because they encouraged you to carpool?

In one recent lawsuit the answer was no, the employer is not responsible for a worker’s death in a carpool accident. The estate for the deceased employee argued that the employer had assumed responsibility for the employee when they encouraged workers to carpool. This means, argued the estate, that the accident happened in the scope of the worker’s employment.

The court did not agree with this reasoning. Why?

The vehicle involved in the fatal accident was not a company-owned vehicle
The employer had no contract in place to transport workers from home to office
The employer did not pay a driver to transport workers
The employee driving the car involved in the crash was not working on the day that the accident happened.

So, just because your boss thinks it is great that you carpool, don’t expect workers’ comp benefits if you are hurt in a ride-share accident. Unless, of course the carpool ride was within the scope of your work. Not sure? Ask an experienced Virginia workers comp attorney to go over your situation with you.

Injured on the job while high? You may still get workers comp!

athomas@dulaneylauerthomas.com (Blog Author)34356 — Tue, 29 Jun 2010 08:00:00 EST

This crazy sounding workers’ comp story holds a solid lesson for Virginia workers. A worker is in charge of feeding grizzly bears. Before his shift one day, he decides to smoke some marijuana. That day while he is feeding the bears as part of his normal work routine, he is attacked by the bears. He is seriously injured.

Question: Does his employer owe him workers’ comp benefits?

Answer: You may find this hard to believe, but the answer is YES.

This case went to court. His employer claimed that he was high on the job and therefore the accident was his fault – so he was not owed workers’ comp benefits.

The worker, however, argued that the fact that he smoked pot had nothing to do with the bear attack. And he had a point. While drug use is illegal, there was no proof that the worker’s pot smoking in any way contributed to him being mauled by a bear.

This is a great lesson for injured Virginia workers: even if you were found to have alcohol or drugs in your system, your employer still has to show that the accident happened because of the alcohol or drugs. Just being tipsy or high by itself is not reason enough to deny workers’ comp benefits.

The bottom line: always talk to a lawyer before your give up on your workers’ comp case. There may be more to the law than you realize.

Could later Virginia school start times mean fewer teen car wrecks?

athomas@dulaneylauerthomas.com (Blog Author)34150 — Sun, 27 Jun 2010 08:00:00 EST

If you know a teenager, you know they like to sleep. A lot. This is normal – teens need at least 9 hours of sleep each night, sometimes more. If they don’t get it, it can leave them unable to think clearly, delay their reaction times, and negatively affect their learning. It can also make them more likely to cause car crashes.

Despite what sleep researches know about the effects of sleep deprivation on teenage brains, many Virginia high-schools start pretty early in the morning. This has led researchers at the Eastern Virginia Medical School to examine crash data from teens enrolled at schools in Virginia Beach and Chesapeake.

What did they find? At high-schools that started class at 8:40am, student auto accident rates were 19.2 percent lower than high-schools that started class at 7:20am.

What does this mean for high-school students (and their parents!) Researchers believe that later school start times may help teen drivers be more alert on the road, which could lead to fewer wrecks. But don’t look for any quick changes – this research is preliminary, and more study is needed.

Given that car accidents are the number one killer of teenagers in the United States, anything that can be done to keep teens safe behind the wheel should be a priority.

Is elder abuse on the rise in Virginia?

athomas@dulaneylauerthomas.com (Blog Author)32484 — Sat, 29 May 2010 08:00:00 EST

Ask the average person how much they know about elder abuse. Probably not much. Elder abuse is one of those terrible problems that people typically don’t learn much about until it happens to somebody they love.

Elder abuse and neglect experts are concerned that without a better public education program, abuse of elderly and incapacitated individuals will go on unchecked. Especially concerning is the fact that many Americans from the boomer generation are approaching the age in which they require nursing home, assisted living, or in-home care.

Elderly, physically or mentally incapacitated, or injured individuals are vulnerable to abuse at the hands of caregivers, family members, other elders, or – less often – strangers. Even seniors who are in full control of their senses are vulnerable to abuse, especially financial abuse.

Financial abuse is seen as many as a growing threat, especially as the world economy continues to struggle. Virginia elders may find themselves the target of family members or friends who are down on their look and looking for easy money.

Elder abuse will not stop unless people become more willing to speak up about it. If you suspect that your loved one is suffering at the hands of a nursing home staff member, assisted living facility worker, home healthcare aide, another family member, or a friend – SPEAK UP. Your willingness to take action could very well save a great deal of pain and heartache.

Driving at night in Virginia? Be sure to buckle up!

athomas@dulaneylauerthomas.com (Blog Author)32228 — Tue, 25 May 2010 08:00:00 EST

It is that time of year again – time for the annual “Click It or Ticket” campaign, when local Virginia law enforcement officers keep an eye out for drivers and passengers who are not wearing their seatbelts.

However, this year there is a special focus. Police will be on the lookout for nighttime drivers who are not wearing seat belts. Why the special focus on driving after dark? Studies show that after dark drivers are more likely to go without seat belts. Not wearing a seat belt increases a person’s chance of being seriously hurt or killed in an auto accident.

Transportation Secretary Ray LaHood is behind the campaign. He stated at a press conference that “Wearing your seat belt costs you nothing. Not buckling up can cost you everything.” Not to mention the cost that the community bears in the form of emergency medical treatment, property damage, police and emergency response, and more.

One of the most dangerous things that can happen to a driver or passenger in a crash is being thrown from the vehicle – especially in a rollover crash. Wearing a seat belt prevents this from happening greatly improving a vehicle occupant’s chance of survival.

Virginia law enforcement officers will be out in force in Culpeper, Warrenton, and surrounding areas making sure you and yours are buckled up properly. Don’t risk a ticket or serious injury – make sure you always buckle your seat belt any time you get into the car.

2010 Nursing Home / Assisted Living Cost of Care Survey Released

athomas@dulaneylauerthomas.com (Blog Author)30880 — Fri, 30 Apr 2010 08:00:00 EST

Genworth Financial has released its 2010 Cost of Care survey, which examines the average costs for Home Care Providers, Adult Day Health Care Facilities, Assisted Living Facilities and Nursing Homes.

Wondering how costs compare in the different types of care situations? Consider these national and Virginia statistics:

Home Health Care (Non-Medicare Certified, Licensed): $17.48 median hourly rate ($17 an hour or $37.752 per year in Virginia)
Home Health Aide Services (Non-Medicare Certified, Licensed): $18.50 per hour ($18 per hour for Virginia or $41,184 per year)
Home Health Aide Services (Medicare Certified): $46.22 national medial hourly rate
Adult Day Health Care: $9.91 per hour or $53.59 per day, national median rate (median daily rate $53 in Virginia, or $13,780 per year)
Assisted Living Facility (Private One Bedroom): $2,825.25 average median monthly rate ($3,599 median monthly rate in Virginia, or $43,182 per year)
Nursing Home (Semi-Private Room): $183.25 average median daily rate ($180 average median daily rate in Virginia, or $65,700 per year)
Nursing Home (Private Room): $203.31 average median daily rate ($200 in Virginia, or $73,000 per year)

As you can see, the prices vary considerably depending on the type of care needed. Unfortunately, just because you pay a higher price for care does not mean that your loved one will be immune to nursing home abuse or neglect.

Teaching Culpeper teens the dangers of underage drinking and driving

athomas@dulaneylauerthomas.com (Blog Author)30578 — Mon, 26 Apr 2010 08:00:00 EST

A local teenager is dead after a single-vehicle crash on Clover Hill Road recently, a grim reminder about the risks facing young drivers. The recent tragedy was attributed to excess speed, but other factors are often to blame for teen crash deaths: drinking, distraction, or simply lack of experience.

Emergency workers in Culpeper are doing their part to educate local teens about the risks of drinking and driving. Not only do they want to deter teens from drinking underage, but they also want to make sure they do not drive while intoxicated.

On April 16 the Culpeper County High School hosted a demonstration sponsored by Youth of Virginia Speak Out. The event was timed to happen just before the school’s prom that weekend – an event that often leads to underage drinking. A number of agencies participated in the event, including the Culpeper County Sheriff’s Office, the Virginia State Police, the Culpeper Office of Emergency Services, the Culpeper Joint Communications, and fire and rescue teams.

Two damaged cars were set up in the school’s parking lot, and students were able to play the parts of crash victims. Students observing the demonstration learned how emergency personnel respond to car crash scenes, and saw how EMS workers provide medical treatment victims and how students who are believed to be intoxicated are taken into police custody.

Hopefully some lives were saved by the demonstration. No teen deserves to die because of a poor choice to drink and drive, and no family deserves to lose a child in such a terrible way.

Drowsy Driving in Virginia: A Serious Problem

athomas@dulaneylauerthomas.com (Blog Author)29310 — Wed, 31 Mar 2010 08:00:00 EST

There have been several accidents lately in the Culpeper area where drowsy driving – or driving while tired – was a contributing factor. Just this week there were two separate accidents involving drowsy drivers who crashed when they nodded off behind the wheel. Then there is the tragic case of the man who fell asleep while driving and killed four people on Rt. 3 near Stevensburg.

Drowsy driving does not get the kind of public attention that drunken driving gets, nor do police officers patrol for tired drivers, nor are there any tests to determine if drivers are too sleep to drive safely. However, it is still a big issues – can it can lead to serious injury or death on Virginia roads.

Poll numbers tell a grim story. Some sixty percent of American adults claim that they have driven while feeling tired at some point in the past year. Even worse, 37 percent claim to have actually fallen asleep while driving – and 13 percent of those fall asleep while driving at least once a month. Four percent – that’s about eleven million drivers – have gone as far as to cause a crash because they fell asleep at the wheel.

Drowsy driving crashes cause an estimated $12.5 billion in losses every year. If the recent local accidents tell us anything, it is that this problem is very real and very serious. At this point, without public outreach and education, it is only a matter of time before the next drowsy driving crash.

What is the difference between nursing home abuse and nursing home neglect?

athomas@dulaneylauerthomas.com (Blog Author)29246 — Tue, 30 Mar 2010 08:00:00 EST

Concerned that an elder in your life is being mistreated at a Virginia nursing home? You may be wondering about the difference between “abuse” and “neglect” as it pertains to Virginia elders.

Make no mistake: both elder abuse and elder neglect are crimes in Virginia – the law is very clear on this.

Elder abuse when somebody deliberately and willfully inflicts physical or mental pain or anguish on a nursing home or assisted living resident. It can also be abuse if an elder is restrained unreasonably (i.e. physically restrained in a bed with straps, which is sometimes done to avoid falls).

Elder neglect is when somebody fails to provide for an elder, whether by failing to provide enough food or drink, failing to give needed medication, failing to change sheets or bedpans, or failing to provide necessary medical or social service.

The difference can be simplified as: abuse is when somebody does something to an elder, whereas neglect is when somebody fails to do something for an elder. Both abuse and neglect can lead to injury, suffering, and even death.

Do you suspect that a loved one is being taken care of poorly – or not being taken care of at all? Please don’t wait for the situation to get worse! Contact our compassionate and discrete elder abuse & neglect attorneys today – we’ll help guide you with how to handle your situation.

Elder financial abuse in Virginia is a serious cause for concern

athomas@dulaneylauerthomas.com (Blog Author)27168 — Tue, 23 Feb 2010 08:00:00 EST

How big is the problem of elder financial abuse in Virginia? The honest answer: nobody knows.

What experts suspect is that the problem is far worse than current estimates, and it may be getting worse as the economy continues to founder. In addition, as the ‘baby boomer’ generation ages and becomes less mobile and more isolated, state and federal officials fear that they will become prey to scam artists and desperate family members.

One study by Met Life estimates that the financial loss from elder financial abuse is at least $2.6 billion. However, it is probably more, a suspicion that is fueling concern from advocacy groups. Why, you may be wondering, is the scope of this problem so hard to nail down?

One big reason is that often financial abuse is perpetrated by a family member or a friend. In these situations, the elder may feel embarrassed or ashamed that they let somebody close to them take advantage of them. Or, the elder may be worried about getting the police involved in a ‘family matter’.

Sadly, some elders fear that they will lose the only companionship they have if they put a stop to a friend or loved one’s financial exploitation. Others have been threatened by perpetrators. Because financial matters are often considered personal business, elder abuse and exploitation will continue to be underreported unless this issue get the attention it deserves.

If you suspect that an elderly person you know is being exploited financially in Virginia, you can take action. If you would like to speak with a skilled nursing home abuse attorney, please contact the attorneys at Dulaney, Lauer & Thomas. You can discuss your case confidentially with our experienced lawyers, for no cost or obligation.

Do pre-existing conditions matter for Virginia workers comp claims?

athomas@dulaneylauerthomas.com (Blog Author)26827 — Tue, 16 Feb 2010 08:00:00 EST

In a word: YES. A recent ruling in Virginia involving the Fairfax County School Board highlights how pre-existing conditions can impact a workers' compensation claim decision.

A worker at the school was injured in a fall, hurting her knee. Her physician assigned her a 37 percent impairment rating in her lower left, which led the Virginia Workers' Comp commission to assign her permanent partial disability loss benefits.

However, when the impairment rating was assigned the fact that the woman had previously received a total knee replacement for an injury not related to work was not taken into consideration. The woman's employer argued that the award was erroneous because her previous knee replacement surgery had not been taken into consideration.

The Court of Appeals agreed with the employer in this case, noting that an employee can only recover benefits for the amount of impairment caused by the workplace accident – but not for any pre-existing impairments unrelated to the incident.

In this situation the worker was unfortunate enough to sustain a workplace injury to a part of her body that had been injured in the past. Because she had already gone through a successful knee replacement and her doctor did not account for this fact, she now will not receive compensation for her new injury.

If you find yourself in a similar situation, please take the time to talk to an experienced Virginia workers' compensation attorney. A good claims lawyer will help you navigate the workers' comp minefield, making sure that you are not taken advantage of by a stingy employer or insurance company.

Clumsy employees deserve workers' comp benefits, too

athomas@dulaneylauerthomas.com (Blog Author)25784 — Wed, 27 Jan 2010 08:00:00 EST

If you consider yourself a bit of a klutz or if you are a little clumsy, you know how easy it can be to get hurt. Now, if you are a clumsy employee who gets hurt on the job, do you still deserve workers’ compensation benefits – even if your clumsiness may have contributed to the accident?

The case of Vacuum Depositing v. Dever tells us that yes, clumsy employees deserve workers’ compensation benefits too. In this case, a woman was hurt when she fell in the company break room. She claims that there was trash on the floor from an overflowing garbage can, and she slipped on a piece of paper.

Her employer, however, denied that there was any trash on the floor and claimed that the woman was clumsy and wore high-heeled shoes. They did not believe that they owed her workers’ comp benefits simply because she was clumsy.

The court found in favor of the employee, because the employer failed to provide “substantial” evidence that the woman was solely to blame for the fall. In many situations, workers hurt in an unexplained workplace fall can receive workers’ comp benefits – don’t let your employer or the insurance company tell you otherwise.

If you need help with a Virginia workers’ compensation claim, please contact the law offices of Dulaney, Lauer & Thomas, LLP.

Are you affected by the latest Toyota recall?

athomas@dulaneylauerthomas.com (Blog Author)25707 — Tue, 26 Jan 2010 08:00:00 EST

A new recall has been issued for Toyota vehicles, this time for what is being called sticky accelerator pedals or sticky throttles. Because of a manufacturing defect, the throttles are experiencing early wear and tear, which can cause them to stick open even when pressure is removed from the accelerator pedal.

If the throttle sticks, the car’s engine will continue to rev and the vehicle will continue to accelerate even when the driver takes their foot off the accelerator pedal. This could lead to serious accidents, like those seen last year that were blamed on Toyota’s eerily similar floor-mat recall.

The recall affects the following Toyota vehicles:

· 2009-2010 RAV4,

· 2009-2010 Corolla,

· 2009-2010 Matrix,

· 2005-2010 Avalon,

· 2007-2010 Camry,

· 2010 Highlander,

· 2007-2010 Tundra,

· 2008-2010 Sequoia

In addition, the 2009-2010 Pontiac Vibe is affected, as it is a sister vehicle to the Matrix and was designed and built by Toyota for General Motors (GM).

Owners of the vehicles affected in this recall are advised to take their car, pickup truck or SUV to a Toyota dealer as soon as they sense that the accelerator is becoming sticky. Potential buyers take note: Toyota has just stopped the sales of recalled vehicles, so your dealer should not have any of them for sale.

Winter weather causes traffic accident headaches for Virginia police

athomas@dulaneylauerthomas.com (Blog Author)24178 — Tue, 29 Dec 2009 08:00:00 EST

Virginia police have been busy cleaning up after errant motorists this holiday season. Snow, rain and ice have made driving on Virginia roads and highways more dangerous than usual.

According to a Virginia state police spokesperson, in a single recent snowy weekend, troopers had to handle 135 traffic accidents and 395 disabled cars on Northern Virginia roads.

In addition, troopers received 6,780 calls for service. 1,153 of those calls were for cars that had been in an accident, and 1,969 were for calls involving disabled vehicles.

The recent spate of bad weather has police reminding drivers to take it easy on Virginia roads. This holiday season, stay safe and remember to:

Slow down and drive at a speed that is safe for weather conditions
Don’t drive if you have had too much to drink
Pull over if you are too tired to drive safely
Pay attention to the road – don’t talk on your phone, send text messages, eat, groom, etc. while driving
Give snow plows and other large vehicles plenty of room to maneuver in bad weather

Please read more about winter driving in our law library article “How Negligent Drivers Contribute to Serious Winter Car Accidents”.

Has enough been done to make Route 3 safe?

athomas@dulaneylauerthomas.com (Blog Author)23702 — Sat, 19 Dec 2009 08:00:00 EST

The two-lane section of Route 3 near Stevensburg has been the site of a number of serious and deadly accidents over the years, including a two-car crash that took four lives near Clay Hill Road in March.

After that collision, the Virginia Department of Transportation (VDOT) began an investigation to determine what could be done to make this deadly section of Route 3 safer. Today, a number of safety improvements have been made to the road, including:

Wider, paved shoulders
Embedded reflective markers along the roadway
A center rumble strip
Flexible warning posts marking the edge of the road
Extra-wide pavement markings
Rumble strips across lanes where the road curve begins
Stop bards at five roads that intersect in the curve area

All of the above changes were completed on schedule in mid-November, and were done to give drivers as many visual cues as possible to warn them that they are entering a curved part of the road. The safety improvements are expected to cost around $291,000, and so far VDOT has paid $158,082.

According to officials, the ideal safety upgrade would be to turn this section of Route 3 into a four lane road instead of a two lane road. However, that one change would cost $18 million, making it unfeasible at this time.

Will these improvements make Route 3 safer, and protect the lives of motorists? It is definitely a step in the right direction. However, the most important changes would be for individual drivers to pay attention and slow down. Unfortunately, those changes aren’t up to VDOT – they’re up to you and me.

Are nursing homes doing enough to prevent falls?

athomas@dulaneylauerthomas.com (Blog Author)22577 — Sun, 29 Nov 2009 08:00:00 EST

Nursing home falls can lead to broken bones, serious injury, and even death. Considering how devastating falls can be for nursing home residents, the question has to be asked: are Virginia nursing homes doing enough to prevent falls?

One thing that does not prevent falls is routine restraint use. Some nursing homes will use restraints, thinking that residents will be less likely to fall, but the reverse is true. Studies show clearly that restraint use actually increases the likelihood that a resident will be injured or killed in a fall. Not only that, but routine restraint use can be demoralizing for elderly residents and an overreliance on restraints can be equated to abuse.

Nursing homes can prevent falls by using a variety of tactics that include medical intervention, physical rehabilitation and making changes to resident’s living environment.

If a patient falls, staff and doctors should evaluate the person to understand what caused them to fall (physical limitations, environmental problems) and treat the underlying problem.
Nursing home staff should be educated about fall risk factors and strategies that can be used to prevent falls.
Staff can make changes to the nursing home environment to reduce the likelihood of a fall. Changes include secure railings and grab bars, lower beds, raised toilet seats and ensuring rooms and common areas are clean, well-lit and clutter free.
Staff can outfit residents with hip pads that can reduce the likelihood that their hip will break in a fall.
Beds can be equipped with alarms that alert staff if a resident who needs help to move tries to get up without assistance.

Read more about nursing home falls in our law library articles “The Danger of Nursing Home Falls in Virginia” and “Virginia Nursing Homes and Restraint Abuse”.

Drivers: Put SAFETY FIRST during the Thanksgiving Holiday

athomas@dulaneylauerthomas.com (Blog Author)22407 — Wed, 25 Nov 2009 08:00:00 EST

As the long Thanksgiving weekend approaches Virginia State Police are urging drivers to be extra careful when they hit the road with their friends and family. Most of all drivers are urged to buckle up and to ensure that all of their passengers are buckled up, too.

One officer recounts a tragic traffic accident that shaped his belief in seat belt use. A family an SUV crashed and flipped over. A 10 year old girl who was sleeping in the cargo area without any restraints was ejected from the vehicle and killed at the scene of the crash. The rest of the family in the SUV were not hurt in the crash.

This is exactly the type of horrific, preventable crash that police would like to avoid seeing on Virginia roads this year. However, despite outreach and education efforts not all road users are getting the message that seat belts save lives.

There were 31 fatalities on Virginia roads for the last two four-day weekend travel periods, and 39 percent of those killed were not restrained. This means that a disproportionate number of those not wearing seat belts are killed in crashes, and many of those deaths may have been avoided had proper restraints been used.

Other contributing factors to the number of accidents over holiday weekends are tired and distracted drivers. Drivers are especially prone to being tired during holiday weekends, when celebrations with their friends and families sometimes leave them exhausted.

Read our holiday travel tips in our car accident & injury law library.

Truck drivers and motor carriers who violated drug and alcohol requirements to be penalized

athomas@dulaneylauerthomas.com (Blog Author)20865 — Sat, 31 Oct 2009 08:00:00 EST

Last month the Federal Motor Carrier Safety Administration (FMCSA) implemented a national drug and alcohol strike force. The purpose of the strike force was to identify motor carriers who had failed to follow drug and alcohol testing requirements on their drivers.

Officials hoped to penalize motor carriers that have tried to evade federal regulations on drug and alcohol testing and reporting requirements. They also hoped to remove from the road commercial bus and truck drivers who violated drug and alcohol rules but were still driving.

FMCSA safety investigators conducted their research by examining the alcohol safety records of commercial bus and truck drivers employed by interstate trucking companies, bus companies, school bus drivers, hazardous material transporters and long-haul freight companies.

As a result of this research, the FMCSA announced that they found 77 commercial drivers who failed to adhere to federal drug and alcohol regulations. These drivers may face civil penalties, fines and have lost their commercial driving licenses.

In addition, the strike force has found 84 motor carriers who will face enforcement action because they either used a driver who tested positive for drugs or alcohol or they failed to institute a drug and alcohol testing program.

The FMCSA strike force is part of an overall transportation safety crackdown championed by Transportation Secretary Ray LaHood who stated that “Violators of our drug and alcohol policies have no business driving a commercial vehicle. Programs like the drug and alcohol strike force are helping remove the most dangerous offenders from our roadways."

Ford expands recall to include 4.5 million more U.S. vehicles

athomas@dulaneylauerthomas.com (Blog Author)20312 — Tue, 20 Oct 2009 08:00:00 EST

Speed control deactivation switches made by Texas Instruments and installed in millions of Ford vehicles are the subject of yet another recall by the automaker.

The suspect part is a cruise-control deactivation switch that received power at all times from the vehicle and had the potential to short-circuit. A short-circuit could cause the vehicle to catch fire even when not in use. However, some switches do not receive power at all times yet are included in the latest recall.

These Texas Instruments switches have already been involved in six other recalls, starting in 1999. Before this most recent recall, about 10 million Ford, Lincoln and Mercury vehicles from 1992 to 2004 were part of these recalls.

The current recall brings the total number to over 14 million vehicles, which according to the National Highway Traffic Safety Administration (NHTSA) is a record for a single problem.

The latest recall is for an assortment of Ford and Mercury vehicles. The automaker plans to send out recall notices to vehicle owners the week of October 26 with the goal of completing notification by December 7.

The current Ford recall covers the following vehicles:

1992-2003 Ford Econoline vans
2000-3 Ford Excursion diesel vehicles
1995-2002 Ford Explorers
1997 and 2002 Mercury Mountaineers
1993-97 and 1999–2002 F-Series Super Duty diesel vehicles
1995-97 and 2001-3 Ford Rangers
1995-2003 Ford Windstars
1994 F53 Motorhomes.

Need help after a car or truck accident? Suspect that something other than driver error caused your crash? Contact the Warrenton or Culpeper based attorneys at Dulaney, Lauer and Thomas for help today.

The many faces of nursing home abuse and neglect

athomas@dulaneylauerthomas.com (Blog Author)19196 — Wed, 30 Sep 2009 08:00:00 EST

Elder abuse isn’t only about bedsores or cuts and bruises. It can be subtle, and can take many forms. If you have the feeling that something isn’t quite right at your loved one’s nursing home, don’t be afraid to speak up.

If you are confused about what might be considered nursing home or assisted living abuse, here are some different types:

Physical abuse that involves hitting or harming an individual’s body
Neglect is when caregivers fail to meet a person’s basic needs, such as failing to provide medication, causing malnutrition or dehydration by failing to feed or offer drinks, failing to supervise a resident who subsequently falls and hurts themselves, and more.
Emotional abuse includes yelling, insults, intimidation, threats and harassment of a resident.
Sexual abuse involves inappropriate sexual touching, conduct or penetration against a resident’s will or without a resident’s consent.
Financial exploitation happens when somebody misuses a resident’s bank accounts or takes control of their insurance, checking or savings accounts, insurance or other financial documents without consent.

Being alert about the different forms of nursing home abuse is the first step towards prevention. If you know what to look for, you are more likely to spot a small problem before it becomes a major issue.

Please read “Signs of Nursing Home Abuse and Neglect” to learn more about how to spot nursing home abuse and neglect.

The economic cost of large truck crashes

athomas@dulaneylauerthomas.com (Blog Author)19021 — Sun, 27 Sep 2009 08:00:00 EST

Motor vehicle accidents – especially serious ones involving major injuries or fatalities – can be very costly not only in terms of human lives but costly for insurers, states, and local governments. A great deal of research money is spent on trying to understand the economic impact that accidents have in the United States.

One report prepared for the Federal Motor Carrier Safety Administration (FMCSA) by the Pacific Institute attempted to analyze the cost of medium to large truck accidents. The report is a few years old, but the data is interesting.

Researchers tried to account for all costs involved in each tractor trailer crash, however their cost estimates excluded difficult to measure variables like mental health care costs for crash victims, roadside repair costs, cargo delays, lost earnings for those caring for injured family members and lost schoolwork for injured students.

Average cost for property damage only crashes: $15,114
Average cost per non-fatal injury crash: $195,258
Average cost per fatal truck injury crash: $3,604,518
Average cost for straight truck crash (no trailer): $56,296
Average cost for truck with two or three trailers: $289,549

These estimated costs took into consideration medical costs, emergency service costs, costs for property damage, lost productivity, and the estimated value of victim and family members’ pain and suffering and lost quality of life.

What are drunk drivers doing when they cause an accident?

athomas@dulaneylauerthomas.com (Blog Author)17572 — Thu, 27 Aug 2009 08:00:00 EST

Drunk drivers are a menace on Virginia roads, taking innocent lives and injuries thousands of Virginians every year. Alcohol-related crashes accounted for 7.6 percent of all crashes in Virginia last year, killing 354 people and hurting 7,000.

The Virginia Department of Motor Vehicles (DMV) publishes their Virginia Traffic Crash Facts every year, and the data for 2008 includes information on what drunk driver’s cars were doing when they caused an accident.

What were drunk driver’s cars doing when they crashed?

Going straight: 4,159 vehicles (40.6%)
Running of the road: 3,927 (38.4%)
Turning left: 616 (6.0%)
Turning right: 399 (3.9%)
Other: 370 (3.6%)
Changing lanes: 244 (2.4%)
Slowing or stopping: 151 (1.5%)
Stopped in traffic lanes: 122 (1.2%)
Backing up: 119 (1.2%)
Passing another vehicle: 66 (0.6%)
Making a U-turn: 59 (0.6%)

Regardless of how an accident happens, drivers who choose to get behind the wheel after having too much to drink deserve to face justice for their actions. No innocent victim should be hurt or killed because another person made a negligent decision.

Are you ready for Checkpoint Strikeforce?

athomas@dulaneylauerthomas.com (Blog Author)17579 — Thu, 27 Aug 2009 08:00:00 EST

Checkpoint Strikeforce is a multi-state law-enforcement initiative to get drunk drivers off the road. Last year, police in Delaware, Washington D.C., Kentucky, Maryland, North Carolina, Virginia and West Virginia stopped over 400,000 drivers at sobriety checkpoints.

Checkpoint Strikeforce spreads its message with high-visibility sobriety checkpoints combined with paid advertising. The goal is to educate the public about the dangers of drinking and driving – and the consequences.

Every year this initiative takes place around Labor Day. This year Checkpoint Strikeforce is running from August 21 through Labor Day.

Has the program been successful? Police like sobriety checkpoints because they stop impaired drivers and get them off the road before they can hurt themselves or somebody else. Many states use a “zero-tolerance” approach and arrest all drivers found with a BAC above the legal limit of 0.08.

Checkpoints work because not only are people caught when they drink and drive, but they are also deterred from getting behind the wheel if they know that there’s a chance they’ll be stopped. According to the Insurance Institute of Highway Safety, alcohol-related traffic deaths can be cut down by up to 20 percent with sobriety checkpoints.

As an added bonus, these checkpoints can also nab other law-breakers, including wanted felons and fugitives, drivers with suspended licenses, and people not using restraints (including car seats) correctly.

Dangers of restraint abuse in Virginia nursing homes

athomas@dulaneylauerthomas.com (Blog Author)16097 — Wed, 29 Jul 2009 08:00:00 EST

Restraint use in Virginia nursing homes is a controversial topic; however, there are times that their use is justified. Problems arise when restraints are used incorrectly or excessively, and restraint abuse can lead to charges of abuse or neglect, or even death.

Some researchers estimate that restraints are an avoidable proximate cause of death in 1 out of every 1,000 nursing home deaths. Hospitals and nursing homes have been sued for restraint-related injuries, and they have had to pay for their neglectful treatment of residents.

Studies have even shown that the very restraints used to prevent falls have not only increased the severity of falls, but have contributed to resident deaths. Restraint use actually increases the likelihood that a resident will be seriously injured in a fall.

Adverse effects of restraint use on elderly nursing home residents:

Death by strangulation (fall while being restrained)
Increased chance of injury from falls
Skin trauma like tears, cuts, bruises, and abrasions
Decresase in muscle mass and tone from lack of movement
Psychological effects like fear, anger, depression, humiliation, worsened dementia
Physiological effects like cardiac distress, incontinence, bone demineralization, constipation, dehydration

You can read more about nursing home restraint use and abuse in our law library article “Virginia Nursing Homes and Restraint Abuse”. Please contact us if you suspect that a loved one is being abused or neglected in a Virginia nursing home.

Culpeper's E-911 emergency response system receives praise

athomas@dulaneylauerthomas.com (Blog Author)15372 — Wed, 15 Jul 2009 08:00:00 EST

What could be more frightening than calling 911 from your cell phone after a bad car accident but not knowing your exact location – and as a result emergency rescue efforts are delayed? Contrary to what you might think not every cell phone – and not every emergency response center – is equipped to transmit or ascertain cell phone location information.

Fortunately for residents of Culpeper County, the local E911 center recently received state recognition for a newly implemented program intended to save lives and better manage emergency resources.

This past January the county’s new E911 system was implemented, and already at least one life has been saved according to Culpeper County’s director of emergency services. The system that was implemented - The Association of Public Safety Communications Officials’ Emergency Medical Dispatch Program – uses a combination of software and training to improve dispatcher’s ability to provide medical assistance while trained emergency responders travel to the scene.

County officials hope that the new system will not only improve the odds for accident and crime victims but will also cut expenses. A more timely and efficient emergency response means less cost, and in these strained economic times that is a great thing.

Culpeper County is one of 24 municipalities across the state to have implemented this system. County E911 dispatchers handle about 80,000 calls each year for Culpeper town and county.

You can read more about challenges facing some E911 programs in our library article, “Will Emergency Responders Be Able to Find You After a Crash?”

Combating motorcycle fatalities with "Ride Smart, Arrive Alive" program

athomas@dulaneylauerthomas.com (Blog Author)14305 — Thu, 25 Jun 2009 08:00:00 EST

Surprising news was released this week: Virginia motorcycle fatalities jumped 87 percent in 2007, the last year for which data is available for analysis. This information from the Virginia State Police (VSP) has officials and law enforcement officers concerned. What can be done to reverse this tragic trend?

In an attempt to reduce the number of motorcycle accidents and fatalities on Virginia roads the VSP is running a campaign called “Ride Smart, Arrive Alive”. The campaign is comprised of three parts:

Education: Since nearly 70 percent of motorcycle accidents are the fault of the motorcycle operator, the campaign will educate riders about the types of behaviors that contribute to serious crashes.
Enforcement: Again, since the majority of motorcycle crashes are the fault of the biker, police will be trying to catch riders who don’t obey the law. Issues like driving under the influence of alcohol or drugs, reckless driving, speeding, riding without a motorcycle endorsement, and equipment violations will be targeted by law enforcement efforts.
Roadway Management: Physical roadway issues like road design and signage will be evaluated to see if changes can be made to reduce the likelihood of a serious motorcycle crash. Authorities will be reviewing all motorcycle fatality accident reports to determine if a roadway issue contributed to the crash, and if so what can be done about it.

Read more about motorcycle safety in our law library articles like “Motorcyclists – How to Protect Yourself on the Road” and “Do you know how to “share the road” with motorcycle riders?”

How the bad economy is contributing to cases of elder abuse

athomas@dulaneylauerthomas.com (Blog Author)14284 — Wed, 24 Jun 2009 08:00:00 EST

An unfortunate side effect of the poor economy is the increase in financial abuse of elderly people by the very individuals charged with their care. Many elderly people are too physically frail or mentally unable to understand what is being done with their finances without their approval.

In cases where the elderly person is aware of the financial abuse, they may not speak up because they fear that their care will be compromised. Financial abuse – like any other kind of abuse – creates a power shift that puts the abuser in control.

While many kinds of financial exploitation of the elderly is done surreptitiously, in some cases family or friends have borrowed money with the intention of paying it back. However, with the economy still depressed borrowers now find themselves unable to make good on their word.

According to MetLife Mature Market Institute, more than half of all financial elder abuse cases are perpetrated by family members or caregivers. One way for seniors to keep a lookout for their finances is to have a trusted third party regularly review all of their financial statements.

Another tip for seniors is to put any loans in writing, including payback terms. You can read about the signs of financial abuse in our article, “Signs of Nursing Home Abuse and Neglect”.

Types of elder abuse at nursing homes and assisted living facilities

athomas@dulaneylauerthomas.com (Blog Author)13060 — Sun, 31 May 2009 08:00:00 EST

Elder abuse is a term that describes any intentional or negligent act by a caregiver, facility staff member, or other person that causes harm or risk of harm to a vulnerable adult. There are a variety of different kinds of elder abuse and neglect which are summarized below:

· Physical Abuse – Causing physical pain or injury to a vulnerable elder or threatening to inflict pain or injury. Physcal abuse can also mean depriving a resident of a basic need.

· Neglect – the failure to provide food, shelter, health care or protection for a vulnerable elder. Neglect can be a conscious or act or can be the result of poor care or training.

· Sexual Abuse - Non-consensual sexual contact of any kind with a vulnerable adult

· Emotional Abuse – when mental pain, anguish, or distress is inflicted on a vulnerable adult. Emotional abuse is caused by either verbal or non-verbal acts.

· Financial Exploitation – Taking, using or concealing funds, property, or assets of a vulnerable elder without permission.

· Abandonment – when a vulnerable elderly person is deserted by the person responsible for their care or custody (i.e. leaving the person in a public place).

Read more about the signs of elder abuse and neglect in our law library article “Signs of Nursing Home Abuse and Neglect”.

What is really killing motorists on Route 3?

athomas@dulaneylauerthomas.com (Blog Author)11935 — Wed, 13 May 2009 08:00:00 EST

Next week we will all get to find out what VDOT recommends to make Route 3 safer. Some of the ideas they have suggested so far to reduce the number of serious auto accidents are rumble strips in the center of the road, enhanced warning signs, and flashing lights. But, will changes like this really make a difference?

VDOT has indicated that the road isn’t the problem, it’s the drivers. According to VDOT, preliminary study data has shown that 85 percent of drivers on Route 3 exceed the 55 mph speed limit. In addition, the most recent fatal accident was caused by an allegedly intoxicated driver who drifted into the wrong lane.

Distracted drivers and aggressive drivers are also becoming more of a problem on Virginia roads. There is only so much that can be done to the roads themselves to keep us safe from this kind of driver behavior. Ultimately, something needs to be done to better educate drivers about the consequences of their actions – and perhaps the punishments for bad or dangerous driving need to be harsher.

The results released next week should be interesting. And this is an important study, because Route 3 is a major link between Culpeper and Fredericksburg. Some citizens have expressed concern that the portions of Route 3 that are only 2 lanes instead of 4 (near Stevensburg and near Culpeper town limits) are an issue. We’ll find out soon if VDOT agrees.

Just how dangerous is distracted driving?

athomas@dulaneylauerthomas.com (Blog Author)11398 — Tue, 28 Apr 2009 08:00:00 EST

In 2007 – a year with record high motor vehicle fatalities for Virginia – 1,026 people died in auto crashes. But fatalities aren’t the whole story. There were also 145,405 vehicle accidents which resulted in 68,822 being injured, some severely.

Sure, these statistics are bad, but accidents happen, right? That’s the perception that Virginia officials want to change. With driver inattention contributing to a large majority of auto accidents in the state, authorities are looking for ways to get the word out to Virginia drivers that their behavior has to change.

Do you know just how dangerous certain distracting behaviors can be when you’re behind the wheel? Check out this data from Virginia Tech Transportation Institute Naturalistic Driving Study, Relative Risk Estimates for Crash/Near Crash Inattention Events:

Driver behavior and associated increased risk for an accident

Reaching for a moving object: 9 times more likely to be involved in a crash
Driving drowsy: 4 times
Looking at an external object : 3.7 times
Reading: 3.4 times
Dialing a phone: 2.8 times
Applying makeup: 3 times
Eating: 1.6 times
Reaching for a non-moving object: 1.4 times
Talking on hand-held phone: 1.3 times

We hope Virginia officials are successful in getting the word out about the dangers and risks of distracted driving. Even one preventable accident caused by a distracted driver is one too many.

Motorcyclists depend on other drivers for their safety

athomas@dulaneylauerthomas.com (Blog Author)11400 — Tue, 28 Apr 2009 08:00:00 EST

You’ve probably heard the term “share the road”. It’s a neat little phrase intended to remind all drivers that they aren’t the only ones traveling the busy roads and highways around Virginia. But what the folks at places like the Motorcycle Safety Foundation (MSF) hope the phrase will do is remind drivers to always keep an eye out for motorcycle riders to avoid traffic accidents.

The message is especially important now because May is national Motorcycle Safety Awareness month. In addition, warm spring weather will bring more bikers out onto the roads. Motorcycles are especially vulnerable to the actions of other drivers because of their small size – they are sometimes difficult for drivers to see, and their small profile makes it hard for drivers to judge the speed and distance of an approaching biker.

In addition, motorcyclists are much more vulnerable in a crash because they lack the steel cage, airbags, seatbelts, and myriad other protections afforded to other motor vehicle drivers. If involved in an accident, bikers risk serious injury and death.

It is important for drivers to keep an eye out for motorcycle riders. Sadly, many drivers involved in accidents with motorcyclists say they never saw them or saw them too late to avoid a crash. Read more about motorcycle safety tips for bikers in our law library article “Motorcyclists – How to Protect Yourself on the Road”.

Group advocating child passenger safety wins NHTSA public service award

athomas@dulaneylauerthomas.com (Blog Author)10466 — Tue, 31 Mar 2009 08:00:00 EST

The National Highway Traffic Safety Administration (NHTSA) presented Safe Kids Buckle Up with their Public Service Award at the annual Lifesavers conference in Nashville, TN. Safe Kids USA runs a comprehensive child passenger safety program, and the award cited the organization's "outstanding contributions to the safety of America's children on and off the road and for leadership in improving occupant protection legislation".

This isn't the first time that Safe Kids Buckle Up has been recognized as providing and excellent and much needed service. The program received a Governors Highway Safety Association Peter K. O'Rourke Special Achievement Award in September 2008. The award cited Safe Kids Worldwide as "the largest child passenger safety program of its kind, teaching parents and caregivers how to correctly use car seats, booster seats and seat belts". In addition, the program was commended for providing car seats to needy families for little or no cost.

In June 2008 the program was also recognized by the National Transportation Safety Board (NTSB) when they received a Safety Leadership Award. They were honored for installing more than one million child safety seats for families all across America. The NTSB Chairman said that he believed the organization had saved hundreds of children's lives with their program.

We applaud the Safe Kids Buckle Up program for the excellent work that it does keeping America's children safe. You can read more about child safety in our library articles "New Report Shows Car Seats Save Lives in Auto Accidents", and "Focus on Infants: Is Your Child Passenger Safe?"

Did a Virginia teen get away with murder – twice?

athomas@dulaneylauerthomas.com (Blog Author)10070 — Wed, 18 Mar 2009 08:00:00 EST

When a teenager is involved in a serious alcohol-related accident, we like to think that it can be a life changing event that causes them to reevaluate their priorities and behavior. For some young people, being involved in a crash after drinking and driving can lead to a dramatic change.

Take the example of Sarah Panzau, who in 2003 was seriously injured and believed dead after a car accident in which she was found to have four times the legal blood alcohol content. Now 27, Ms. Panzau travels the country speaking to teenagers about the dangers of drinking and driving. Fortunately for Panzau, she was the only one injured in her accident; she does not have to carry the burden of having taken another life.

The same cannot be said for Arkee Hall, who in 2002 was found guilty in juvenile court of improper driving in a Stafford county accident that killed Dwayne Beach Jr. Hall did not stop at one auto death; in 2004 he was convicted of manslaughter after he lost control of his truck and his passenger, Jeremiah Poyck, was killed in the resulting crash.

Two accidents, both related to Hall’s bad driving. Is that the end for Hall? Did he change his ways? Was the Virginia justice system able to keep him from harming anyone else? No. Instead, the grandmother of his first victim saw Hall’s name not long ago on a list of DUI arrests in Spotsylvania County. In addition, last month Hall was charged with a DUI in Florida.

Hall’s DUIs are especially concerning because after his second fatal accident a judge ruled that he was not allowed to drive for 20 years. Clearly having the blood of two innocent victims on his hands is not enough to keep Hall from engaging in seriously dangerous behavior. And where is the Virginia justice system here? Two deaths and at least two DUIs – and Hall is free, basically getting away with murder. That isn’t justice, it’s criminal.

Virginia lawmakers vote down bill aimed at protecting workers suffering serious brain injury

athomas@dulaneylauerthomas.com (Blog Author)9447 — Thu, 26 Feb 2009 08:00:00 EST

Claire Pierce is worried that her husband's unexpected death as the result of a serious brain injury was in vain. Her husband Arthur Pierce's tragic death only 16 months after he was found injured next to his tractor trailer highlights an inadequacy of the current Virginia workers' compensation laws.

Unfortunately, because Mr. Pierce's head injuries were so severe, he was unable to tell anyone how he was injured. Without his testimony or the testimony of any witnesses, his family was unable to prove that he was injured as a result of his job and their workers' compensation claim was denied.

What is frustrating to Mrs. Pierce and her family is that there is already a law in Virginia that allows families of victims found dead during the course of their employment to collect workers' compensation benefits. The presumption in these fatality cases is that without any evidence to the contrary, the worker's death can be attributed to their job and therefore compensation is warranted. Mrs. Pierce and sympathetic lawmakers were hoping to extend a similar protection to workers injured so seriously that they are unable to explain what happened to them.

Sadly, no such protection will be extended for workers suffering form severe brain injuries. Mrs. Pierce, in remarks prepared for a Virginia Senate committee neatly sums up her unfortunate situation: "If my husband had died at the scene of his workplace accident, we would have been paid benefits, but because he fought for life for 16 months, the taxpayers, my employer, our health insurance carrier and I are bearing the full financial weight of this tragedy... the more severely injured a person is, the better the chance that the claim will be denied."

Tragic words for an unimaginably tragic situation.

Will tractor trailer safety be compromised to save Virginia transportation budget dollars?

athomas@dulaneylauerthomas.com (Blog Author)9448 — Thu, 26 Feb 2009 08:00:00 EST

Question: if Virginia DOT officials believe that the state is deficient in providing adequate truck parking, what should they do next?

Answer: Close 61% of Virginia’s rest areas.

Are you doing a double-take? Yes, it’s true. About a week after stating that Virginia does not have enough truck parking lawmakers have decided to shut down 25 of the state’s 41 rest stops. The move is being blamed on – surprise – the transportation budget shortfall.

Unfortunately for motorists, closing so many rest stops could result in more accidents. After all, car and truck drivers both use Virginia rest stops along major highways to take a break when they find themselves fatigued after a long drive. Without these convenient places to stop, drivers may be tempted to push themselves beyond their limits.

Tractor trailer drivers could really feel the pinch. It is already difficult for truckers to find a parking spot once the sun goes down, and it is easy exceed the 2 hour limit at rest areas and be asked to move on by police. Major truck stops tend to fill up quickly, making rest areas a stop of last resort for many truckers.

The majority of the rest stops to be closed are in the central part of Virginia, a move that is expected to save the state $12 million annually. However, some wonder if lawmakers are being “penny wise and pound foolish” in potentially compromising highways safety to save a few dollars – all at the expense of truck drivers and motorists.

Looking forward to your Superbowl party? Don't become a dangerous driver!

athomas@dulaneylauerthomas.com (Blog Author)8551 — Thu, 29 Jan 2009 08:00:00 EST

What do you think of when you imagine a Superbowl party? A giant high-definition TV, a room full of your best friends, mountains of delicious snacks, and perhaps a whole lot of beer. Toasting wins and losses during football’s fantastic season finale is an annual event for many people, but drinking and driving should never be a part of the festivities. Nobody wants to cap off a day of fun and celebration with a serious auto accident or a DUI conviction.

Accidents, death, and jail are usually pretty far from everyone’s mind, but this is a good time to remind partygoers that Superbowl Sunday is one of the deadliest days of the year. Nationwide, 48% of traffic fatalities on this fateful day are DUI related.

So the message is clear – don’t drink and drive. Unfortunately it’s a message we hear so often that it is easy to ignore, but major events like the Superbowl are an important time to remind area residents that alcohol and automobiles don’t mix. This year, Culpeper police are trying to do just that.

Local police are using the slogan, “real fans don’t let fans drive drunk” to encourage people to look out not only for themselves, but for their friends as well. In addition, Culpeper Town Police want to remind fans that driving under the influence of alcohol or drugs can result in jail, a loss of driving privileges, and hefty fines.

So if you’re hosting or attending a Superbowl party this year, keep these hints in mind:

Designate a sober driver
If you don’t have a designated driver, ask a sober friend to drive you home
If you can’t get a sober ride home, stay at the party until you sober up – better yet, spend the night if you can.
Enjoy and provide non-alcoholic beverages

If you’re unfortunate enough to be involved in an accident with a drunk driver, then you should speak with an attorney. Contact the experienced Virginia auto accident attorneys Dulaney, Lauer & Thomas, LLP at (800) 741-1012 for Culpeper or (888) 907-2631 for Warrenton today.

Getting drugged drivers off the road

athomas@dulaneylauerthomas.com (Blog Author)7914 — Wed, 07 Jan 2009 08:00:00 EST

We all know that drunk drivers are a problem on Virginia roads, but what about drugged drivers? These are the men and women who take perfectly legal prescription drugs that affect their ability to drive a car or truck and then they get behind the wheel anyway. You may not realize it, but drugged drivers are such a big issue that police officers are being trained to spot them on the roads before they cause auto accidents and injure innocent people.

While illegal drugs that affect driving ability are also a problem, law enforcement officers are seeing more and more drivers on the road while under the influence of legal medications. People either fail to read the warning labels on their prescriptions that state they should not drive while taking the drug or they simply discard the warning. Many common drugs like the popular sleep aid Ambien are part of the problem, as people are so accustomed to taking them that they don’t think twice before getting behind the wheel.

However, it won’t be easy to get drugged drivers off the road. There are several challenges, including:

A lack of law enforcement officers trained to recognize drugged drivers
No clear legal limit for drugged driving, similar to the BAC limit for drunk drivers
No legal tests available for traffic enforcement officers to quickly test drivers to determine if they’re under the influence of a legal or illegal drug

If you suspect that you’ve been the victim of a drugged driver, then you should speak with an attorney. Contact the experienced Virginia auto accident attorneys Dulaney, Lauer & Thomas, LLP at (800) 741-1012 for Culpeper or (888) 907-2631 for Warrenton today.

Treatment Options for a Traumatic Brain Injury

mindywein@cox.net (Blog Author)7409 — Thu, 18 Dec 2008 08:00:00 EST

Have you sustained a traumatic brain injury from a car accident, fall, work-related accident or some other catastrophic event? You are not alone. Every year, over 1 million people across the United States will have a traumatic brain injury and unfortunately, thousands will die. Many of the traumatic brain injury cases are caused by car accidents.

If you have a traumatic brain injury, also known as TBI, you may require long-term or lifelong assistance in order to perform daily activities. This type of head injury often leads to permanent disabilities that affect cognition, behavior and sensory processing. Even though brain damage cannot be reversed, there are treatment options available to improve the patient’s quality of life.

A traumatic brain injury occurs when there is a sudden jolt or blow to the head or when the head is penetrated. This injury disrupts the function of the brain and results in serious brain damage. There are many symptoms of traumatic brain injury, which depends on the severity of the injury. Mild cases may cause loss of consciousness, headache, confusion, lightheadedness and fatigue. Moderate to severe traumatic brain injury cases may show the same signs, but could also include such symptoms as repeated vomiting, seizures, dilation of pupils, slurred speech and weakness in the extremities.

Immediately following an accident that causes a traumatic brain injury, medical personnel will work on stabilizing the victim to make sure that oxygen is flowing to the brain and the rest of the body. Treatment options for a traumatic brain injury may include physical therapy, occupational therapy and speech therapy. Surgery is sometimes required, depending on the damage to the brain.

When a traumatic brain injury is caused by negligence, either in a car accident, work accident, fall or other event, you may be able to recover compensation to pay your medical expenses, lost wages and other costs associated with your injury. Contact the Virginia serious injury attorneys at Dulaney, Lauer & Thomas, LLP at 888-907-2631 for the Warrenton office or 800-741-1012 for the Culpeper office.

The article, Traumatic Brain Injury Caused by Car Accident or Other Event, has more information on this subject.

Wonder what your legal rights are following a crane accident?

mindywein@cox.net (Blog Author)7186 — Wed, 10 Dec 2008 08:00:00 EST

Since the beginning of this year, there have been twelve deaths caused by crane accidents across the country. Even when a crane accident does not result in death, it can still cause serious injuries that are often permanent.

Construction is considered to be the most dangerous industry in the United States. When you work with heavy machinery, cranes, scaffolding and equipment, you are at risk of being involved in an accident. Construction sites that are not safe and workers who take short cuts to save time contribute to the number of construction injuries each year. One news article suggested that the recent increase in construction-related accidents had to do with a combination of untrained immigrant workers, inattention to safety regulations and profit-minded contractors who cut corners.

Crane injuries are usually caused by energized power lines, under the hook lifting devices, overturned cranes, boom collapses, dropped loads, falls, crushing caused by counter weights and rigging failures. When mistakes are made on a construction site, the result can be catastrophic. That is why claims involving crane accidents usually have the potential for serious damages. If you have been injured in a crane accident, you have legal rights and could be entitled to compensation.

Workers’ compensation is generally available for injured construction workers, but if your crane accident was caused by negligence, you may be able to pursue further monetary damages. You may be able to recover compensation for your medical expenses, lost wages, both past and present, pain and suffering and other damages associated with your injury. The Virginia construction accident attorneys at Dulaney, Lauer & Thomas, LLP can help you determine how much your case is worth and can help you receive the compensation you deserve. Call 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office for legal advice regarding your crane accident case.

The article, Crane Accidents in Virginia, has more information on this topic.

Have you talked to your teenage driver about auto safety?

athomas@dulaneylauerthomas.com (Blog Author)1373 — Mon, 17 Nov 2008 08:00:00 EST

Did you know that car accidents are the leading cause of death in teens and young adults ages 15 to 20? If you have a teenager or young adult in your household, what are you doing to keep them safe? With the accident-prone holiday season and a brand new year looming ahead of us, this is a great time to have a talk with the young people in your life about safe driving. The life you save may be theirs! The Prince William Public Schools, Virginia Department of Education, Virginia Department of Transportation, and Virginia Association of Driver Education and Traffic Safety have all partnered to form the Safe Teen Driving: A Teen-Safe Community Health Initiative. The mission of this initiative is to reduce the number of teen auto accidents, injuries, and deaths – who wouldn't want that? I recommend that you check out their website, as it is geared towards parents. You'll find advice on coaching teen drivers to drive better, information about automobile insurance for your teen, and reminders about Virginia's driving laws. Click here to read Frequently Asked Questions about Teen Driver Safety, and click here for Safe Driving Tips for Parents. I urge you to take time out of your busy holiday schedule to spend some time connecting with your teen about the importance of safe driving. You could even make it your New Year's Resolution to have a serious discussion with your teenage driver about auto safety – it'll be a lot easier to meet this goal than, say, losing 20 pounds or cutting down on sweets... and much more rewarding!

Is your car watching you?

athomas@dulaneylauerthomas.com (Blog Author)1397 — Mon, 17 Nov 2008 08:00:00 EST

How much do you know about the "little black box" – or EDR (event data recorder) in your vehicle? Chances are if you're driving a newer car, you have one installed and you don't even know it. Check our latest library item entitled, "The Secrets in Your Car's Little Black Box" for more information about these devices. If you've never heard about EDRs then you might be upset to learn that your movements are being tracked. It may sound very "Big Brother" – and it is, to an extent. However these devices are supposed to only collect information in the event of a crash. How do you know if your car is equipped with one of these friendly little boxes? According to a recent article in the Philadelphia Enquirer, General Motors, Ford, Isuzu, Mazda, Mitsubishi, Subaru and Suzuki install EDRs in all of their vehicles. Surprised? You can also see a more detailed list of vehicles with EDRs posted by the Harris Technical Services website. So what do you think – are EDRs our friend, or our foe? Leave us a comment and let us know.

Mandatory arbitration – good for business, bad for you

athomas@dulaneylauerthomas.com (Blog Author)1524 — Mon, 17 Nov 2008 08:00:00 EST

Have you signed a mandatory arbitration clause when buying goods or services? Do you even know what one is? Mandatory arbitration is when you agree to waive your legal right to sue the business or person providing you with the goods or services you are purchasing. If you have a disagreement after signing the agreement, you are forced to allow a third party to determine (arbitrate) the outcome of the disagreement. But wait, it gets better – for business owners. Some mandatory arbitration clauses force you to use a pre-selected arbitration company – often selected by the business with which you're signing the agreement. If this sounds like a conflict of interest to you, that's because it is. For example, tt is common for car dealerships to include mandatory arbitration clauses in new or used car purchase agreements, and even nursing homes include these clauses in their contracts. What is being done about this apparent conflict of interest? Congress is starting to take note, and legislation is being proposed to outlaw or limit mandatory arbitration clauses in consumer and employment contracts. It won't be an easy fight, but it's one whose time has come. Tell us what you think – how do you feel about mandatory arbitration clauses?

New Virginia DUI Law Takes Effect January 1, 2008

athomas@dulaneylauerthomas.com (Blog Author)1572 — Mon, 17 Nov 2008 08:00:00 EST

There's a new law that is going to take effect in Virginia on New Year's Day 2008. It's aimed at making it more difficult for individuals convicted of DUI to get a license from the Virginia DMV. People who have been convicted of one of the following offenses will be required to show proof that they have double the minimum automobile liability insurance coverage limits:

Driving while under the influence of alcohol and/or drugs
Maiming while under the influence of alcohol and/or drugs
Driving while suspended/revoked for one of the above DUI-related offenses

If you're wondering what double the insurance liability coverage limits comes out to, here it is:

$50,000 for injury or death to one person
$100,000 for injury or death to two or more people
$40,000 for property damage

If the affected driver does not furnish the appropriate form to the DMV proving that this level of coverage was purchased, the DMV will suspend the person's privileges. This includes the privilege to drive, register a motor vehicle in the state of Virginia, and obtain vehicle decals in the state of Virginia. Do you think this law goes far enough... or too far? Leave a comment and let us know. Also, please check out our article discussing what is being done to reduce accidents from impaired drivers.

So long, abusive driving fees!

athomas@dulaneylauerthomas.com (Blog Author)1781 — Mon, 17 Nov 2008 08:00:00 EST

Virginia's General Assembly is working to repeal the much maligned abusive-driving fees, and the Senate unanimously agreed to give refunds to anyone who has paid fees, which range from $750 to $3,000. The House version of the bill did not address refunds, so the two chambers still need to iron out some differences before the bill can move on to Governor Kaine for his signature.

Unfortunately, neither chamber has found a way to make up for the $65 million that was expected to be generated by the fees for Virginia's transportation budget. The shortfall is even more worrisome right now because economic woes and the downturn in the housing market is marring Virginia's economic outlook. Some Democrats are calling for an increase in the gas tax, however it is unlikely that Republicans will agree.

How can Virginia make up this shortfall? One thing is certain, $65 million is a large amount of money to suddenly go missing from the transportation budget. We hope our lawmakers can find a way to keep the budget balanced, as one thing is for sure – our roads and highways – and our drivers need that money.

Curious what else our lawmakers have been up to in this General Assembly session? Check out our article here.

New car seat rating system launched

athomas@dulaneylauerthomas.com (Blog Author)1782 — Mon, 17 Nov 2008 08:00:00 EST

A little over thirty years ago the first car seats came on the market in the United States. Those of us who were around back then know how what a huge impact these seats made on child safety, and they can certainly be considered one of the top safety innovations of all times.

The Transportation Department has just unveiled its new five-star rating system for car seats, which focuses on rating each seat's ease-of-use. The ratings have four components: instructions, installation, labels, and how easy it is to secure your child in the seat.

But don't rush out to buy a new seat yet based just on the five-star rating. Officials have stressed that the new ratings only assess ease-of-use, and do not rate how effective a seat is in protecting a child in a crash. While this may seem surprising, keep in mind that parents really struggle with installing seats correctly, and improperly installed seats and incorrect use of the child safety harness are major causes for concern.

Looking for more car seat information? Visit the NHTSA's Child Transportation Safety Tips page. Tell us what you think, will this new rating system help?

Distracted Tractor-Trailer Driver Takes Two Lives

athomas@dulaneylauerthomas.com (Blog Author)2004 — Mon, 17 Nov 2008 08:00:00 EST

A horrific tractor-trailer accident on Interstate-81 near Harrisonburg, Virginia claimed the lives of two people on February 26, 2008. The accident happened when a southbound tractor-trailer crossed the median barrier into the northbound lane, and slammed into an Enterprise rental van. Both occupants of the van were killed.

What was the cause of this terrible accident? Driver distraction. That's right, the truck driver wasn't paying attention, and because of this he took two lives. He made it out with minor injuries, which is often what happens in tractor-trailer accidents. According to the Advocates for Highway and Auto Safety, in two-vehicle crashes involving passenger vehicles and large trucks, 98 percent of the fatalities were occupants of the passenger vehicle.

The driver was charged with reckless driving, and at this time the police are not planning to file any additional charges.

A study last year by the Federal Motor Carrier Safety Administration (FMCSA) found that 87% of tractor-trailers get into an accident because of a problem with the driver, i.e. fatigue, inattention, speeding. With so many accidents caused by poor driving, more needs to be done to reduce the number of accidents and deaths caused each year by tractor-trailer accidents.

For more information and statistics, please see our article on tractor-trailer facts. If you are looking for an attorney to help you with your tractor-trailer accident, please contact us. You can also visit our library to find out what makes tractor-trailer accident litigation unique.

Two drunk drivers slam into construction equipment, kill worker

athomas@dulaneylauerthomas.com (Blog Author)2020 — Mon, 17 Nov 2008 08:00:00 EST

A Roanoke County father of two was killed last week when not one but two drunk drivers slammed into a backhoe near which the worker was standing. The first driver pinned the man between her vehicle the backhoe and a dump-truck, and authorities believe that when the second driver slammed into the first driver's vehicle the man was killed.

Both drivers had recently left a downtown Roanoke bar, and were charged with involuntary manslaughter and driving under the influence. Further investigation found that both drivers had been asked to leave the bar where they were drinking as they

This accident is a somber reminder of two important issues facing Virginians: first, the dangers posed to construction workers on Virginia's roadways, and second, the dangers that drinking and driving poses to the community.

Construction workers toil away on our roads, homes, and buildings, and every day they face so many dangers on the job. Whenever we hear about accidents we want to know – was the worker properly protected and had they been given the right safety equipment? Were they properly trained? No worker should ever lose his or her life in a construction accident, but sadly this happens every day.

Of even greater concern are the two drivers who not only chose to get into their cars after a night of drinking but whose careless actions took the life of a father of two. With a drunk driving death happening every 30 seconds on our nation's roadways, many victims and advocacy groups are clamoring for harsher penalties for drunk drivers. You can read more about what's being done by the federal government and the State of Virginia in our library article, "Impaired Driving – What Can Be Done?"

Has your life been impacted by a drunk driver? Or, do you have personal experience with a construction site accident or injury? We'd like to hear from you. Please leave us a comment or contact us today.

Car Accident Deaths Increase Starting At Age 12

athomas@dulaneylauerthomas.com (Blog Author)2239 — Mon, 17 Nov 2008 08:00:00 EST

A recent research collaboration between The Children's Hospital of Philadelphia (CHOP) and State Farm Insurance Companies found that child passengers age 12 to 16 are more likely to die in a car crash than younger children. This risk increases with each teenage year. The study was just released by the Archives of Pediatric and Adolescent Medicine.

The study examined nearly 10,000 passenger deaths involving 8- to 17-year-old passengers, and found some unfortunate results:

More than half of the deceased youths were riding with a driver under age 20
Nearly two-thirds were not wearing any kind of restraint or safety belt
More than three-quarters of the crashes occurred on roads with posted speed limits above 45-miles-per-hour
One-fifth of fatal crashes involved alcohol

Researchers have found that as children age, they are more likely to ride in vehicles with drivers other than their parents. These other drivers include classmates, friends, or older siblings – and these often younger drivers don't practice the same safe driving as their parents.

The researchers made the following recommendations:

1. Insist on seat belts. All occupants should buckle up on every trip,every time.

2. Set a good example. Don't drink and drive. Avoid distractions like cell phones. Obey the speed limit.

3. Set rules about safe passenger behaviors. Discuss what's helpful or distracting to a driver.

4. Monitor your child's travel. Know where he or she is going, with whom, how they are getting there, and when they will be home.

5. Know and trust the driver. It's not safe for your child to ride with a teen who has less than one year of driving experience.

These are great recommendations, and we urge all parents to insist that their children and teens follow them. Do you have any other safety tips for parents with children or teens? Leave us a comment and let us know.

Rollover risks – how safe is your SUV?

athomas@dulaneylauerthomas.com (Blog Author)2253 — Mon, 17 Nov 2008 08:00:00 EST

SUV manufacturers have made great improvements to vehicle safety in the last few years. Perhaps the most impressive safety feature to have debuted is Electronic Stability Control (ESC) also known as vehicle stability control. This is a computer-assisted safety feature that helps prevent vehicles from skidding out of control, which often happens if a driver over-corrects or swerves too hard. According to NHTSA estimates, ESC may prevent 71 percent of the passenger car rollovers and 84 percent of the SUV rollovers that would otherwise occur in single vehicle crashes.

Another important safety feature added in recent years to many SUVs are side curtain airbags. These help protect drivers and passengers in an accident, and in a rollover they can help reduce injury and the risk of ejection from the vehicle. ESC will be mandatory on all new vehicles in 2012, side curtain airbags in 2013.

These are great safety features, but if you are unlucky enough to actually roll your SUV, you might be depending on one often overlooked feature: roof strength. To date, auto manufacturers have claimed that there is no proven link between roof strength and occupant safety, and they have resisted calls to increase the strength of all SUV roofs. However, a recent IIHS study debunks this myth, and claims that there is a clear correlation between roof strength and occupant safety. The results of this study were just released by IIHS this month, so it remains to be seen how the auto industry will react. Perhaps there will be a new mandatory safety feature added to the federal government's list?

You can read more about the IIHS study and SUV rollover safety in our library article, "Are Manufacturers Taking the Threat of Rollovers Seriously Enough?"

Do you drive an SUV? Have you been compelled to purchase a newer vehicle in order to take advantage of the latest safety features? Leave us a comment and let us know.

Insurance Companies and the Relentless Pursuit of Profit

athomas@dulaneylauerthomas.com (Blog Author)2533 — Mon, 17 Nov 2008 08:00:00 EST

If you've tried to file a claim with your insurance company, it might not be news to you that many companies are more interested in saving money than they are in making sure you're taken care of. It's no secret that most insurers use computerized software like Colossus to assign standardized values to the injuries you've sustained in an accident, but what can be shocking is how far companies will go to avoid paying you a fair amount for your injuries.

Allstate has been in the news – again – recently, as some of their less than savory business practices were dissected by the Herald Tribune. Practices like offering small, fast payouts to discourage policyholders from retaining lawyers, denying small claims outright, or stalling and dragging cases out in court have all been used to produce record profits for the nation's second largest insurer.

If you don't believe this could be true, then read for yourself. Allstate has made over 150,000 pages of documents available on their website in response to a court ruling. In addition, you can read more about insurance claim denials and Allstate's own business practices in our legal library.

Frustrated by your insurance company? Had a bad experience that you want to share? Leave us a comment and tell us about it.

The US Government decides to further investigate Jeep Liberty defect

athomas@dulaneylauerthomas.com (Blog Author)2534 — Mon, 17 Nov 2008 08:00:00 EST

The federal government recently decided to step up their investigation into problems with Jeep Liberty upper ball joints and pursue an engineering investigation. Despite numerous incidents reported to both the NHTSA and Chrysler themselves from Jeep Liberty owners whose vehicles have experienced this potentially serious problem, no injuries or fatalities have occurred – yet.

If you experience a problem with your 2002 – 2006 Jeep Liberty's upper ball joints separating unexpectedly, you should immediately report the incident to NHTSA. It's easy to do and you can file a report online at Safecar.gov using this link. You can also contact Chrysler directly, just make sure you also report the incident to NHTSA.

Defective products like this highlight the importance of doing as much research as possible before you select a new or used vehicle for purchase. Find out more about auto safety in our legal library, where you can read articles like "How Safe is Your Automobile?", "Are Manufacturers Taking the Threat of Rollovers Seriously Enough?", "Who's Looking out for Vehicle Safety?" and more.

Experienced a problem with a Jeep Liberty or other vehicle and want to vent about it? Let us know about your experience with recalled or defective automobiles by leaving us a comment.

Do laws banning cell phone use while driving really work?

athomas@dulaneylauerthomas.com (Blog Author)2873 — Mon, 17 Nov 2008 08:00:00 EST

Have you ever used your cell phone while driving? Maybe just that one time, when it really was an emergency? Do you think that you'd be persuaded to pull over to a safe place and come to a complete stop any time you had to make or accept a call on your phone if - in order to reduce the number of auto accidents - the law called for it?

Despite the growth of legislation restricting or banning cell phone use while driving, experts remain doubtful that such laws will make any difference to drivers at all. Cell phone use is so pervasive in our society that most people can't resist answering or making calls while they drive, even if there is ample evidence that distracted driving is dangerous.

In this situation, technology might be the best answer. Some experts believe that the use of voice-recognition technology that allows drivers to perform so-called distracting tasks without removing their hands from the wheel will make our roads safer. Manufacturers are also evaluating the layout of controls in new vehicles, to ensure that drivers can do what they need to drive without becoming unduly distracted.

Regardless of what experts may think about the usefulness of these laws, public sentiment will continue to pressure lawmakers into banning cell phone and texting while driving. We just need to remember – the phones aren't the problem, it's the people in the driver's seat who need to treat driving as their primary responsibility each time they get behind the wheel. And if it's a law that makes that happen – well maybe that isn't such a bad thing after all.

Motorcyclist pays the ultimate price on the GW Parkway

athomas@dulaneylauerthomas.com (Blog Author)2874 — Mon, 17 Nov 2008 08:00:00 EST

A motorcycle accident on Memorial Day claimed the life of a military man stationed at Fort Belvoir, when he lost control of his motorcycle and it plunged over an embankment on the GW Parkway. Tragically, the victim had already survived a near-fatal accident a year earlier, when he was seriously injured after rear-ending a van that pulled out in front of him.

The victim's father was quoted as saying that "those sports bikes are just too powerful. They're too much for anybody to be on the road on. They should only be for racetracks." This sentiment is echoed by others who have called for restrictions on the power and speed of powerful sport-bikes, also know as super-bikes, which are built on a racing platform but are sold for consumer use.

Some of these sport bikes can be bought with up to 200 horsepower engines, meaning the ride can be exhilarating for an experienced biker – or deadly for an inexperienced rider. However, the rider who lost his life Memorial Day was far from an inexperienced rider. It remains to be seen what caused the accident that took his life.

More information about motorcycle safety can be found in our law library: Motorcyclists – How to Protect Yourself on the Road and Are Motorcycles Getting Deadlier?

Culpeper preacher pleads guilty to workers' comp fraud

athomas@dulaneylauerthomas.com (Blog Author)3276 — Mon, 17 Nov 2008 08:00:00 EST

If you had to describe a typical case of workers' comp fraud, what would it look like? Would it be a greedy big business owner trying to save a few dollars on insurance premiums? Or, would it be a down-on-his-luck construction worker who faked an injury to make a little extra money for his family? A recent case in Virginia just goes to show that stereotypes are unreliable when it comes to sniffing out fraud.

A Culpeper Virginia preacher has pleaded guilty to committing workers' compensation fraud. And this case isn't simply a matter of a little misunderstanding – the preacher has been collecting workers' comp checks since 2000, from two different insurance companies. In addition, the preacher and his wife were found to have been manipulating the church pay roll, workers' comp and their tax returns to benefit themselves financially.

What does this mean to Virginia workers who really need workers' compensation benefits? Fraud cases like this just drive up premiums for honest businesses and reduce the money and benefits available to help truly injured workers. The preacher's crime wasn't just against the State; it was against all injured workers in Virginia who could have benefited from the money he so fraudulently received.

If you are having problems with your own workers' compensation claim, please contact us immediately. We'll make sure you are treated fairly and get the help you need.

How is Virginia's transportation budget battle going to affect you?

athomas@dulaneylauerthomas.com (Blog Author)3277 — Mon, 17 Nov 2008 08:00:00 EST

You may have heard the news – the Virginia transportation budget is expected to fall short by $600 million this year. The federal government is giving Virginia less money than expected, and there's less money coming in from gas and consumer taxes thanks to high oil prices and the sorry state of our economy. What does this mean for the roads in your neighborhood?

Basic maintenance will probably be unaffected, however new roads or road improvements – even projects designed to improve safety – will be shelved until a later date or not completed at all. The General Assembly is trying to fill an estimated $385 million gap for next year's state highway maintenance and generate more than $500 million in funding for the congestion-clogged regions of Northern Virginia and Hampton Roads.

To help the budget, Governor Kaine has recommended a tax increase, which wasn't well received at the General Assembly. Virginians aren't likely to embrace paying higher taxes right now either, considering how much they're already paying for gas and how their homes have plummeted in value.

When are lawmakers going to stop bickering and work together to do something about the congestion and poor state of our roads? Preferably something that does not include taking even more money from an already cash-strapped population.

Are high gas prices killing commuters – literally?

athomas@dulaneylauerthomas.com (Blog Author)3725 — Mon, 17 Nov 2008 08:00:00 EST

Many commuters these days are looking for ways to trim their fuel consumption budgets. With gas around $4 a gallon right now, it is no surprise that Virginia drivers are looking for some relief. One trend that is gaining popularity is to downsize. Not to a smaller car or truck, but all the way down to two wheels.

Scooter and motorcycle sales have ballooned recently, as drivers flock to these gas-thrifty vehicles to get around town and to-and-from the office. While they may offer significant savings, some motorists are finding that they’ve traded gas mileage for safety.

Officials are noting an increase in the number of motorcycle accidents and fatalities on Virginia roads. This isn’t altogether surprising considering that there are now more motorcycle riders out on the roads and highways each day. However, what is alarming experts is the number of novice riders who may not take the appropriate safety precautions or who lack the experience to ride safely.

You can read more about motorcycle safety in our law library, in articles like “Are Gas Prices Affecting Motorcycle Safety?”, “Motorcyclists – How to Protect Yourself on the Road”, and “Are Motorcycles Getting Deadlier?”

The Top 5 Causes of Virginia Traffic Accidents

athomas@dulaneylauerthomas.com (Blog Author)3726 — Mon, 17 Nov 2008 08:00:00 EST

If you’ve spent any time driving in Northern Virginia, then you probably have your own personal list of driving pet peeves, the things you think other drivers are doing to contribute to accidents. If asked, many people would cite accident reasons like aggressive driving, cell-phone use, distracted driving, following too closely and more.

Care to see how accurate you are? Here is the list of top 5 causes for traffic accidents in Virginia for all age groups:

Following too close: 29,551 (40%)
Failure to yield: 22,799 (31%)
Speeding: 7,217 (10%)
Driver distraction: 6,420 (9%)
Ran traffic control: 7,044 (10%)

Does this list surprise you at all? If you find tailgaters frustrating, then you have good reason to be concerned about their actions as a full 40% of all Virginia crashes are caused by tailgating. Failure to yield the right of way isn’t too far behind, and these two accident causes explain a full 71% of Virginia crashes.

Looking for more driving statistics and safety tips? Check out our law library for articles like “The Top 5 Causes of Traffic Accidents by Age Group”, “How Safe is Your Automobile?”, and more.

Is your life at risk from a medically unfit driver?

athomas@dulaneylauerthomas.com (Blog Author)4297 — Mon, 17 Nov 2008 08:00:00 EST

It is frightening but true. According to recent investigations and a congressional inquiry, there are numerous bus and truck drivers out on American roads right now, driving with serious medical conditions. Some of these drivers are even accepting money from federal government disability programs from their ailments, which supposedly are bad enough that they cannot work. Yet, work they do, driving on the same roads that you and your family travel every day.

If you’re surprised to hear this, then you’ll be even more shocked to find out that this has been a known and documented problem for nearly a decade. A tragic deadly bus crash caused by a medically unfit driver in 1999 resulted in a number of recommendations from the National Transportation Safety Board (NTSB) directed at the government agency that oversees truck and bus drivers.

However this agency, the Federal Motor Carrier Safety Administration (FMCSA) has been dragging its feet in implementing the proposed regulations. In the meantime, drivers who should not be on the road continue to cause tragic bus and truck accidents and doctors say that the medical certificates they need to work are so easy to obtain illegally that nobody pays much attention any more.

Is this the best we can do? Is this all the regard we have for human life? If the federal government can’t be relied on to protect innocent members of the traveling public and if drivers themselves can’t be relied on to stay off the road if they’re unfit to drive – what is the average person to do? You can read more about this problem in our library article, “Are Medically Unfit Bus and Truck Drivers Endangering Your Life?” and learn more about tractor trailer accidents in our article, “The Deadly Facts about Tractor Trailer Accidents”.

Back road drunks – beware!

athomas@dulaneylauerthomas.com (Blog Author)4298 — Mon, 17 Nov 2008 08:00:00 EST

There’s a little secret among drivers who drink – if you’ve had a few too many, make sure you take as many back roads home as possible. After all, everyone knows that the police only set up sobriety checkpoints on major roadways – they rarely if ever police rural roads and back streets.

Well, that little secret isn’t such a secret. Law enforcement officials have long known that intoxicated drivers try to sneak around on rural roads to avoid being caught, but now they’re doing something about it. The 2008 Checkpoint Strikeforce campaign just kicked off, and this year will focus on policing those very rural and back roads that are so appealing to drunk drivers.

Since over half of all traffic fatalities occur on rural roads, Governor Tim Kaine and law enforcement officials hope that this latest crackdown will save lives and keep intoxicated drivers off the road. Virginians can expect to find at least one sobriety checkpoint or saturation patrol each week throughout each region for the remainder of 2008.

You can read more about Checkpoint Strikeforce and other Virginia DUI resources at the state’s “Smart, Safe, and Sober” website and in our law library article, “Virginia to Crack Down on Drunk Driving”.

Getting high-risk drunk drivers off the road

athomas@dulaneylauerthomas.com (Blog Author)4843 — Mon, 17 Nov 2008 08:00:00 EST

Yet again the statistics have shown us the ugly truth. Those drivers who choose to get behind the wheel of a car after having had too much to drink – for the second, third, or more times – are more likely to kill themselves or somebody else in a fatal car crash. Not only that, but drivers who may have no prior convictions but somehow think it is okay to drive with a BAC over 0.15 are also more likely to kill themselves or somebody else in an accident.

While alcohol-related traffic deaths may be down overall in the United States according to recent numbers from the NHTSA, the number of deaths from these so-called “high-risk” drivers has gone up. This small subset of problem drivers seems impervious to increased sobriety checkpoints, advertising campaigns directed against DUI / DWI, and tightened drunk driving laws. What makes these drivers think they are above and beyond the law?

The only option seems to target this group and crack down – hard. You can read more about the recent NHTSA report and ideas from MADD for cutting down on the number of high-risk drivers on the road in our law library article “The Problem of High-Risk Drunk Drivers in Fatal Crashes”. You can also read about how Virginia is cracking down on drunk driving in our article “Virginia to Crack Down on Drunk Driving” and the impact of lowering the teen drinking age in “How Would Lowering the Drinking Age Affect Teen Drivers?”

Car accident alert: is your infant safe?

athomas@dulaneylauerthomas.com (Blog Author)4845 — Mon, 17 Nov 2008 08:00:00 EST

If you have a baby, you know the drill: if you want to take your little one out in the car, you need to have an infant car seat installed. It’s pretty straightforward, right? Buckle the seat into the car then buckle the baby into the seat and off you go. But wait! Maybe you didn’t quite install that seat correctly, and maybe you’re risking serious injury if you’re involved in a car accident.

Before you defend your impressive car seat installation skills, know that the Department of Transportation estimates that 70% of all car seats are used incorrectly. That’s a big, big number and could seriously affect the seat’s ability to protect your child if you’re unfortunate enough to be involved in an auto accident.

There are simple steps you can take to check your car seat. First of all, make sure you read and followed the manufacturer’s instructions. You’d be surprised how many people just take the seat out to the car and guess how to install it without following the directions. Then look for a local car seat inspection station to check your seat for you. These trained professionals know what to look for and can give you tips and advice on using your seat correctly – it’s well worth the trip.

You can read more about infant car seat safety in our law library article, “Focus on Infants: Is Your Child Passenger Safe?”

athomas@dulaneylauerthomas.com (Blog Author)5432 — Mon, 17 Nov 2008 08:00:00 EST

Wrongful Death Damages Paid to Family Members

mindywein@cox.net (Blog Author)5433 — Mon, 17 Nov 2008 08:00:00 EST

When a loved one dies because of a negligent or wrongful act, the remaining family members are often left wondering what actions they should take. A wrongful death claim can be brought against the person who was responsible for your loved one’s death.

To have a successful wrongful death lawsuit, it must be proven that the defendant’s conduct was either the sole or contributing cause of death, whether it was intentional or not. Wrongful death can be the direct result of a car accident, truck crash, medical malpractice, nursing home neglect or workplace injury. The dependents of the deceased can file a wrongful death claim to recover damages.

A wrongful death lawsuit brought against the negligent person or entity can result in compensation for sorrow, mental anguish, loss of income, loss of services, loss of care, medical expenses, reasonable funeral expenses and in some cases, punitive damages. The jury or court will award damages that are considered fair and just for the surviving dependents.

Virginia Code § 8.01 – 53, establishes who is eligible to receive compensation for a wrongful death case. Under state law, the individuals eligible to recover damages will be determined at the time the verdict is entered if the jury makes the specification or at the time the judgment in rendered if the court decides the distribution. Typically, eligible family members may include the surviving spouse, children of the deceased, children of any deceased child of the deceased, parents, siblings or dependent relatives. When deciding who receives compensation, the family dynamic will be considered, including if the deceased was married, had children and so on.

If you have lost a loved one because of negligence or a wrongful act, you may be able to pursue a wrongful death claim. Contact Dulaney, Lauer & Thomas LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.

The article, Who can be Awarded Damages for Wrongful Death in Virginia, has more information on this topic.

Causes of Large Truck Crashes

mindywein@cox.net (Blog Author)5773 — Mon, 17 Nov 2008 08:00:00 EST

Large truck crashes can lead to catastrophic injuries, even death. With all of the trucks on the road, accidents are bound to happen.

The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) conducted a study regarding the causes of large truck crashes. Researchers examined 963 crashes involving 1,123 large trucks and 959 passenger vehicles that occurred between April 2001 and December 2003. This representative sample was taken from the 120,000 truck crashes that took place during that timeframe. Most of the large trucks studied in the sample were tractors pulling a single semi-trailer and a small percentage of these trucks were hauling hazardous materials.

Based on the study, there were numerous factors that contributed to large truck accidents. Researchers documented hundreds of associated factors involved in the truck accidents. Some of the top factors that contributed to truck crashes included brake problems, traffic flow interruptions, prescription drug use, traveling too fast for conditions, unfamiliarity with the roads, roadway problems, traffic control devices, over-the-counter drug use, inadequate surveillance and driver fatigue.

Critical events were also studied, which are defined as actions or events that made the accident unavoidable. Three types of critical events were identified including running out of travel lane, loss of vehicle control and rear end collision with another vehicle in the truck’s lane.

Other studies have been done, which revealed that driver fatigue was a major contributing factor in truck crashes. A tired truck driver is a hazard to the other vehicles on the road and has the potential to cause a serious truck accident. Drivers frequently drive for several hours without rest, as they try to meet strict deadlines.

If you or a family member has been injured in a tractor trailer accident, you need to seek legal advice immediately. Contact the experienced Virginia truck accident attorneys at Dulaney, Lauer & Thomas, LLP at (800) 741-1012 for Culpeper or (888) 907-2631 for Warrenton today.

The article, Study Examines Causes of Large Truck Accidents, has more information on this subject.

Nursing Home Residents' Rights

mindywein@cox.net (Blog Author)6005 — Mon, 17 Nov 2008 08:00:00 EST

More than two decades ago, the U.S. Congress requested that the Institute of Medicine conduct a study regarding the care of nursing home residents. The study’s findings were alarming. According to researchers, nursing home residents were often the victims of abuse and neglect. It was also found that they were not receiving adequate care. As a result of this study, the Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act of 1987, established guidelines for nursing homes.

Nursing home residents are now protected under the Nursing Home Reform Act and are given certain legal rights. Nursing home facilities that receive Medicaid or Medicare must provide specific services to residents, including a comprehensive care plan, nursing services, social services, rehabilitation, periodic assessments, dietary services and pharmaceutical services. If the nursing home has more than 120 beds, there must be a full-time social worker.

One of the major changes that came about as a result of the Nursing Home Reform Act had to do with mandatory reviews. At least every 15 months, an inspector will go to a nursing home to conduct a survey, which includes interviews with residents. The survey is unannounced and focuses on the rights of residents, quality of care, quality of life and services being rendered. If there are complaints being made about a nursing home, a complaint investigation will be initiated.

If a nursing home is in violation of the Nursing Home Reform Act, a citation or deficiency notice will be issued. The severity of the citation depends on the violation. Remedies will be given to correct the violation.

Nursing home abuse is devastating for the victim and the victim’s family members. If you feel that your loved one may be the victim of nursing home neglect or abuse, contact Dulaney, Lauer & Thomas, LLP at 888-907-2631 for the Warrenton office or 800-741-1012 for the Culpeper office.

The article, Nursing Home Reform Act – Rights of Nursing Home Residents, has more information on this topic.

The Effect of Minimum Legal Drinking Age Laws and Drunk Driving Accidents

mindywein@cox.net (Blog Author)6205 — Mon, 17 Nov 2008 08:00:00 EST

The National Minimum Drinking Age Act established the minimum legal drinking age at 21. Before the law was signed in 1984, the minimum legal drinking age ranged from 18 to 21 among the states. The National Highway Traffic Safety Administration has reported that laws relating to the minimum legal drinking age have contributed to saving more than 900 lives each year.

Before the National Minimum Drinking Age Act was created, each state had its own law. In some states, the drinking age was set to 18 or 19, while other states set the minimum age to 21. Researchers were able to easily identify the impact that the various minimum drinking ages had on accidents. For example, in the 1970s and 1980s, the number of drunk driving accidents increased dramatically in states that had lower minimum age requirements. Research has also shown that from 1982 to 1998, the number of alcohol-related crashes has declined by 59 percent.

The National Highway Traffic Safety Administration has stated that the minimum legal drinking age has played a major role in reducing youth drinking and driving. These laws seem to cut down on youth drinking and encourage young adults to separate drinking from driving. However, not everyone agrees with this logic.

There have been many critics of minimum legal drinking age laws over the years. Some of the criticisms have included the following arguments:

• “Nineteen- and twenty-year-olds are drinking anyway. If we legalize it, at least they’ll be drinking in a controlled setting.”
• “Making it illegal to drink until 21 just increases the desire for the ‘forbidden fruit’. When teens turn 21, they’ll drink even more.”
• “The Federal Government is exerting too much authority over the States. The Federal law encouraging States to set the legal drinking age at 21, by withholding highway funds from States that do not do so, is just one example of this.”

Most research has shown these arguments to be unfounded. If you or someone you love has been injured in a drunk driving accident, contact Dulaney, Lauer & Thomas, LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office. We know how devastating these accidents can be and we will do everything possible to make sure you receive the compensation you deserve.

The article, Drunk Driving Accidents and Minimum Legal Drinking Age, has more information on this subject.

20-Car Pileup on Virginia Interstate 81 Causes Delays

blog@www.dulaneylauerthomas.com (News Author)29676 — Sun, 29 Jan 2012 08:00:00 EST

Tuesday morning, a sudden snowstorm in the Harrisonburg area caused a massive pileup on the northbound lanes of Interstate 81, near the 243-mile marker. The crash involved an estimated 20 vehicles and resulted in four injuries, according to Virginia State Police Sgt. Les Tyler.

The pileup happened at 8:30 AM when the storm left a snow layer that immediately stuck on the frozen road surface. According to Virginia Department of Transportation spokeswoman Sandy Myers, low visibility also contributed to the accident.

The pileup created a traffic jam in both directions and closed the northbound lanes until 12:30 PM.

It is very fortunate that this accident has only caused minor injuries. Car pileups can be extremely dangerous and result in chaotic devastation. When one vehicle after another crashes into the accident scene, which is usually the result of low visibility and dense high-speed traffic, each vehicle can be hit several times, from different angles. Motorists, trying to walk away from the scene, may be struck even when they have reached the shoulder. Leaking gasoline creates a fire and explosion hazard, and emergency crews may be unable to come close to helpless victims.

This accident is a reminder to all Virginia motorists to avoid high-traffic, high-speed motorways when the weather conditions are bad, with risks of snow, frost, or rain and low visibility.

2011 Virginia Car Accidents on the Rise

blog@www.dulaneylauerthomas.com (News Author)29293 — Mon, 16 Jan 2012 08:00:00 EST

AAA Mid-Atlantic recently released car accident statistics that showed a 2.9 percent nationwide decline in fatalities from 2009 to 2010 and a drop in Virginia from 758 to 740 (2.4 percent) over the same period.
The Virginia State Police keeps their own statistics, and they indicate that the trend in 2011 is not as favorable as in previous years. State Police spokeswoman Corinne Geller declared that, as of December 22^nd, the number of people killed in traffic accidents in 2011 had reached 731, which is compared to 713 at the same date in 2010.
Geller put these figures in perspective, pointing out that 2010 had been a record low year. She added that part of the increase in 2011 may be the result of several multiple-fatality crashes.
2011 saw a number of double-fatality accidents in Appomattox County and a bus crash in Caroline County that left 4 people dead.
Factors behind these fatal crashes include speeding, driver fatigue, distracted driving, and drunken driving.
“It compounds if they’re not wearing a seatbelt and they strike a guardrail or embankment and overturn, they end up being thrown out of the vehicle,” Geller added.
Several recent fatal accident victims are not included in the Virginia State Police statistics: James Haythe, who was hit by a vehicle in Lynchburg last week, and Justin Christopher Love, who was killed on Christmas Day when he lost control of his van on Virginia 1022.

American Trucking Associations Underscore Support for Cell Phone Ban

blog@www.dulaneylauerthomas.com (News Author)28969 — Mon, 09 Jan 2012 08:00:00 EST

After the National Transportation Safety Board (NTSB) reported on a 2010 crash in Missouri involving a large truck and cell phone distraction, the president and CEO of the American Trucking Associations (ATA) Bill Graves stressed once again the need for a ban on cell phone use behind the wheel. Graves urges federal and state lawmakers to extend the ban on texting for commercial vehicle drivers to cover the drivers of all passenger cars.
ATA also supported the ban on cell phone use, meaning not just texting but also dialing and receiving calls, for commercial drivers. Here again, ATA would like to see it extended to all drivers, who are just as much distracted by cell phones and smart phones, as well as truck and bus drivers.
Even though most Virginia drivers applaud a cell phone use ban for truck drivers, it becomes more and more difficult for passenger car drivers to justify their own exemption. Car drivers distracted by handheld phones cause far more crashes and fatalities than those attributed to truck drivers.
The NTSB report points the finger at deficiencies in the way the Federal Motor Carrier Safety Administration (FMCSA) monitors the safety performance of motor carriers. Under the present system, the responsibility of the Missouri truck crash would be attributed to the motor carrier and truck driver and would considerably worsen its safety rating, even though there was virtually nothing that the truck driver could have done to avoid the crash.

Virginia Tech and Toyota Join Forces on Head Trauma Research

blog@www.dulaneylauerthomas.com (News Author)28799 — Thu, 05 Jan 2012 08:00:00 EST

Toyota Motor Corp. and its research partners announced four new projects this week to develop safety technologies with the objective to reduce head injuries. Virginia Tech, the University of Iowa, and George Washington University in Washington, DC are among the institutions participating in the projects.

One project relies on a study made in Japan showing that there is a high rate of abdominal injuries when older drivers are involved in a car crash. The research, in partnership with Virginia Tech, will study the correlation between these injuries and the age of motorists in the United States, which may lead to improved safety restraints. This project is particularly important considering that the US population aged over 65 is expected to double by 2040.

The Toyota Collaborative Research Center was founded in January 2011 and now has 17 research projects under way with 12 institutions. Chuck Gulash, who heads the Center, commented on their current research to improve the design of their virtual crash-test dummies and technology to reduce head injuries: “By understanding the mechanics of brain injuries, we can develop better restraint systems and part of the vehicle’s interior that the head might strike.”

Two other projects aim at the development of better crash-modeling technologies and the study of how drivers use their feet.

Seventeen Year Old Dies in Car Chase Crash

blog@www.dulaneylauerthomas.com (News Author)28968 — Tue, 03 Jan 2012 08:00:00 EST

When Nicholas Glover, 21, from Virginia Beach, saw the Sheriff’s Office deputy attempting to stop him for reckless driving, he fled. Moments later, Glover lost control of his 2000 Audi A4, ran off the opposite side of the road, and struck several trees.
His passenger Tyler K. Cassell, 17, also of Virginia Beach, was pronounced dead at the scene, while Glover was airlifted to VCU Medical Center in Richmond with serious injuries.
The accident occurred just before 7:30 PM on Saturday on Route 106. After attempting to stop the speeding car, the Charles City County deputy lost sight of the fleeing Audi. A motorist who had witnessed the crash alerted the police.
Police closed Route 106 for 6 hours after the accident. According to Sgt. Michelle Anaya, alcohol may have been a factor in the crash. Charges are pending while the investigation is ongoing.
For Virginia motorists who, in their overwhelming majority, use their vehicle responsibly, it is appalling to watch how inexperienced and irresponsible drivers make dangerous roads even more hazardous.
The Culpeper and Warrenton attorneys of Dulaney, Lauer & Thomas send their sincere condolences to the family and friends of Tyler C. Cassell who died in this tragic accident.

Virginia Jackknife Crash Causes 6-Hour Traffic Backup on I-81

blog@www.dulaneylauerthomas.com (News Author)28581 — Mon, 26 Dec 2011 08:00:00 EST

Walter Barrett, of Saltville, VA, was driving northbound on Interstate 81, approaching the Halls Bottom Road Bridge around mile marker 11, when a tractor-trailer attempted to pass him. Barrett had been working in Texas and living in his trailer and was now heading home pulling the large camper, some 35 feet long, with his pickup truck.

As the tractor-trailer moved along the camper and pickup, the airflow produced by both vehicle combinations was too great for the light camper. It started to swerve, hit the 18-wheeler’s side, and then swayed to the other side and struck the guardrail over the roadway shoulder.

Bouncing back, the camper collided again with the semi-truck, jackknifed, hit the guardrail a second time, and spun around.

The camper and pickup ended up blocking all northbound lanes of I-81. Meanwhile, the tractor-trailer driver stopped his truck further up the road and saw that the accident had not damaged it. The truck driver was unharmed. Barrett suffered light injuries and was transported to Bristol regional medical center for treatment. He was charged with reckless driving and failure to maintain control.

An eight-mile traffic backup lasted for six hours with repercussions in the city of Bristol and on Lee Highway.

Virginia Crash Kills 1, Injures 1 in Pickup Truck Rollover

blog@www.dulaneylauerthomas.com (News Author)28583 — Thu, 22 Dec 2011 08:00:00 EST

Last Friday, a 1985 Ford Ranger pickup truck hit a 1997 Honda Civic in the far left eastbound lane of Interstate 64. The accident occurred near mile marker 121 in Albemarle County for reasons that are still under investigation. The pickup truck rolled over several times, partially ejecting the driver Larry L. Taylor, aged 59, of Louisa, and completely ejecting his passenger, D.J. Taylor. The driver was pronounced dead at the scene, while emergency crews transported D.J. Taylor, a cousin of the driver, to UVA Hospital with serious injuries.

The driver of the Civic, Samuel Wells, 25, of Charlottesville, was not injured.

The crash occurred at 10:25 AM, and Virginia State Police Trooper J.C. Crabtree responded to the scene. The Virginia State Police Accident Reconstruction Team assisted with the investigation.

The attorneys of Dulaney, Lauer & Thomas convey their most sincere condolences to the family and friends of Larry L. Taylor, and wish D.J. Taylor a speedy and full recovery.

In tragic circumstances, this accident delivers another message that seat belts are lifesavers in rollover accidents. Being ejected or partially ejected usually results in extreme injuries.

3 Killed in Pickup Crushed Between Bus and Semi-Truck on Virginia I-85

blog@www.dulaneylauerthomas.com (News Author)28582 — Sun, 18 Dec 2011 08:00:00 EST

A semi-truck hauling a fresh load of timber was traveling northbound in the left lane of Interstate 85. Ongoing repair work had shut down the right lane. When the tractor-trailer had to slow down due to a traffic stop, it was followed by a pickup truck and a Coach America charter bus. The coach driver, for a yet unknown reason, could not stop on time and slammed into the pickup truck, which ended up crushed between the bus and the logging truck. The accident happened Friday, near mile marker 59.

According to Virginia State Police Sergeant Thomas Molnar, there were four people in the pickup truck, three of whom died at the scene. A MedFlight helicopter flew the fourth person to Virginia Commonwealth University (VCU) Medical Center with serious but non-life-threatening injuries.

The names of the victims had not yet been disclosed at the time of this report.

The logging truck driver was not injured, while the bus driver was taken by ambulance to VCU Medical Center with serious injuries.

The left lane of I-85 remained closed for nearly six hours. Police have charged the bus driver, Marlverse L. Vanloan, 56, for having started the vehicle pileup.

The coach carried 49 A&T State University students and one chaperone from North Carolina to Baltimore, on their way to a conference of the National Society of Black Engineers.

None of the bus passengers were injured.

Are Hybrid Cars a Threat to Pedestrians?

blog@www.dulaneylauerthomas.com (News Author)28621 — Mon, 12 Dec 2011 08:00:00 EST

Hybrid cars are quiet, which at first sight would be considered an advantage. Who wants noisy cars anyway? Yet, when hybrids run on the electric engine, they are so silent that pedestrians, who are used to relying on what they hear to determine approaching danger, are caught… and get hurt.

This is the conclusion of a new study by the Virginia-based Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety.

The same study also concluded that hybrid cars, which generally share the same structure and size with their conventional engine counterparts, offer better protection to occupants from crash injuries. This is because, all other things being equal, hybrids weigh some 10 percent more than standard vehicles, and this extra mass gives occupants added protection in crashes with other vehicles.

A danger for pedestrians?

The HLDI analysts studied data collected over a seven-year period from 2004 to 2010 and over 25,000 bodily injury liability claims for both hybrid and conventional engine vehicles. The study concluded that pedestrians were 20 percent more likely to be injured by hybrid cars than by conventional cars. As Matt Moore, the author of the report, puts it, ”Pedestrians can’t hear them approaching, so they might step out into the roadway without checking first to see what’s coming.”

Trucking Association Voices Strong Support for Ban on Cell Phone Use

blog@www.dulaneylauerthomas.com (News Author)28622 — Mon, 05 Dec 2011 08:00:00 EST

Last week, the Federal Motor Carrier Safety Administration (FMCSA) issued their final ruling prohibiting interstate truck and bus drivers from using handheld cell phones behind the wheel. Drivers hauling hazardous products within the state are also subject to the ban.

Studies have shown that, while the use of a cell phone increases the risk of causing an accident, reaching for a cell phone, searching for a contact, or dialing a number are even more risky.

In a recent statement, the American Trucking Associations (ATA) President and CEO Bill Graves said,”ATA’s progressive agenda includes support for bans on texting and using handheld cell phones for all drivers.”

ATA is the largest national trade association of motor carriers and a federation representing 50 affiliated state trucking associations. ATA organizes industry-related conferences and councils and is a powerful channel to express the industry’s concerns.

Graves further urged all drivers, “whether it is illegal or not,” to refrain from using their phones while driving. The commercial vehicle accident attorneys of Dulaney, Lauer & Thomas have been supporting a ban on cell phone use in trucks and buses for a long time, and we applaud the latest rules implemented by the Department of Transportation’s FMCSA.

Virginia Truck Driver Charged With Reckless Driving After Rt 3 Crash

blog@www.dulaneylauerthomas.com (News Author)28035 — Sun, 20 Nov 2011 08:00:00 EST

When a westbound tractor-trailer on Route 3 approached the intersection with Route 20, the driver slowed down for a yellow light. Right behind it, Anthony Morris, 32, of Stafford County, was driving a dump truck with a trailer loaded with paving equipment. In an attempt to avoid rear-ending the tractor-trailer, Morris steered to the left, sideswiped the back of the 18-wheeler and struck a Toyota Highlander in the left lane.

According to Virginia State Police Sgt. Les Tyler, the crash happened at the Spotsylvania-Orange county line at 11.30 a.m. It closed both westbound lanes of Route 3 at the intersection for about 45 minutes, after which one lane remained closed until 3 p.m.

Sgt. Tyler did not describe the injuries sustained by the drivers of the Toyota and the tractor-trailer. Both were transported to Culpeper Hospital for treatment.

The State Police filed charges against Morris for reckless driving, driving with a restricted license, and driving with an expired truck inspection. Morris was also charged with operating a defective vehicle and trailer including defective brakes, and hauling an improperly secured load.

The Virginia truck accident lawyers at Dulaney Lauer & Thomas hope all of the involved parties quickly recover from their injuries.

Cars Do Not Protect Women As Well As Men

blog@www.dulaneylauerthomas.com (News Author)28034 — Sat, 19 Nov 2011 08:00:00 EST

Are Safety Features in Cars Male-Oriented?

A recent study published in the American Journal of Public Health concludes that the risks of sustaining serious injuries in a car crash are significantly higher for women than for men. This is because several safety features do not take sex-specific disparities into account.

Head restraints do not reflect the fact that women's necks have a different size and shape than men's. Women also have a shorter stature, which means that they are likely to sustain more severe injuries to the lower limbs in certain types of accidents.

The study found that women who are wearing a seatbelt are 47 percent more at risk of a serious injury than men who are wearing a seatbelt are.

The researchers said that to address such disparities, the health authorities and lawmakers should put more pressure on automakers to adjust the vehicle's design and its safety features to the specific characteristics of women.

Protective safety features - like a vehicle's crashworthiness, head restraints, seat belts, or air bags - have significantly contributed to the decline of fatal and serious injuries in traffic accidents in the last ten years.

Traffic Chaos Caused By Shutdowns, Car Fires, Rollovers and Rain

blog@www.dulaneylauerthomas.com (News Author)27814 — Fri, 11 Nov 2011 08:00:00 EST

Wednesday was a peak frustration day for DC commuters, as well as thousands of I-95 users. For Fauquier and Culpeper County motorists, it was a day to stay close to home because the jamming quickly spread to all of the eastern highways leading to Washington.

When the Virginia Department of Transportation (VDOT) allowed traffic to use the freshly paved lanes between Dale Boulevard and Prince William Parkway in the early morning hours, the pavement rapidly deteriorated. This condition forced VDOT to close the lane again at 5 a.m., leaving only one lane open to traffic.

Closer to 6 a.m., a crash on I-395 near Duke Street reduced the access to one lane during most of the 6 a.m. hour, while a car fire on the I-395 closed the northbound HOV lane near King Street. All this resulted in a totally jammed situation from Garrisonville to Alexandria - a distance of close to 40 miles!

Frustrated motorists started making risky U-turns on the I-395 at Edsall Road, which led to another crash on SB I-395, blocking three out of its four lanes.

Two more crashes happened near Falmouth on northbound I-95 before 8:00 a.m., adding to the misery.

Commutes of over three hours were reported by many drivers who usually experience a commute time of less than one hour.

The Virginia accident lawyers at Dulaney, Lauer & Thomas hope that no one was seriously injured in the number of accidents.

Teamwork Leads to More Efficient Crash Investigation in Virginia

blog@www.dulaneylauerthomas.com (News Author)27813 — Thu, 10 Nov 2011 08:00:00 EST

Over 25 police officers gathered in Roanoke County last Tuesday and watched a donated Kia Sorrento crash into a pedestrian dummy. The dummy was thrown 64 feet; the Kia left 66 feet of skid marks on the pavement.

The staged accident was part of a unique training partnership between law enforcement departments in Central and Southwest Virginia called the Blue Ridge Regional Crash Team. The program allows officers to receive state-of-the-art accident reconstruction training in exchange for the various participating departments' expertise and specialized equipment.

This gives any participating department the ability to draw expert advice from other departments to uncover the causes and circumstances of complicated accidents.

"You don't need a person in each department who knows it all," said Roanoke County police patrol division Chief Sgt. Tim Wyatt. "When you have a team like this, you can have 10 people who know a lot."

Officers, who are generally willing to help colleagues in nearby departments, welcome the Blue Ridge Regional Crash Team as a formal organization and network. The team makes their collaboration more efficient, gives all participants more expertise and better equipment, and produces studies that are valuable to all.

Virginia Man Killed in Head-On Collision With Dump Truck

blog@www.dulaneylauerthomas.com (News Author)27812 — Wed, 09 Nov 2011 08:00:00 EST

Virginia motorists in Fauquier and Culpeper Counties don't have to be reminded of the dangers of heavy-load trucks. A crash with a tractor-trailer or a dump truck often results in terrible injuries, if not death.

This was dramatically illustrated in a Scott County accident on Wednesday when Earl Ward, 48, of Yuma, crossed the center line and collided with an oncoming dump truck.

The crash occurred at 7:50 a.m. on Route 71, north of Big Moccasin Road. Ward, driving south in a 2000 Toyota Tacoma pickup truck, entered a large curve. He then suddenly swerved into the oncoming traffic lane. Ward had to be extricated from the wreck by a rescue team; he died shortly after the accident. The driver of the Kenworth three-axle dump truck was unhurt.

Another vehicle, a Mazda B2000 pickup, was following the dump truck and could not avoid rear-ending it when the crash happened. The Mazda driver suffered minor injuries.

Ward's body was taken to the Russell County Medical Examiner's Office in Lebanon. The accident remains under investigation.

The Virginia accident attorneys of Dulaney, Lauer & Thomas send their most sincere condolences to the family and friends of Earl Ward.

Declining Rate of Virginia Deer Collisions for Third-Consecutive Year

blog@www.dulaneylauerthomas.com (News Author)27463 — Wed, 26 Oct 2011 08:00:00 EST

According to a recently released study by State Farm Insurance Company, an estimated 1.09 million traffic accidents involving deer occurred between July 1, 2010, and June 30th, 2011 - a 7 percent decline from the previous year.

Pennsylvania tops the list of states with 101,299 deer-motor vehicle collisions per year, followed by Michigan with 78,304.

If the deer-vehicle accident rate is expressed as the odds of hitting a deer over a 12-month period, the highest likelihood is in West Virginia (1 chance in 53) and the lowest in Hawaii (1 on 6,267). Virginia stands out among the high risk states with a rate of 1 per 110 and ranks on the 12th place. Neighboring Maryland ranks 13th with 1 per 119.5 while North Carolina ranks 16th with 1 per 139.4.

The study shows that deer-vehicle collisions are most likely in November, during the deer migration and mating season. November alone accounts for 18 percent of all accidents. During November, accidents involving deer are three times more likely to occur than during any time between from February to August.

October has the second highest risk of deer collisions.

If you have been injured in a Virginia auto accident, contact a Culpeper accident attorney today.

New School Campaign Curbs Fatal Teen Crashes in Virginia

blog@www.dulaneylauerthomas.com (News Author)27347 — Fri, 21 Oct 2011 08:00:00 EST

The Commonwealth of Virginia launched a traffic safety program across the state's schools to educate teenagers about the terrible consequences of unsafe driving.

Across the nation, car accidents are the top cause of accidental death in the 16-20 year age group. The Virginia Department of Motor Vehicles pointed out in a 2003 report that distraction was the leading cause of 15 percent of car crashes involving teenage drivers. This percentage has now certainly gone up substantially, with the widespread use of cell phones and internet enabled smart phones in cars.

Also, since 2000, nearly 800 teenage kids died in motor vehicle accidents in Virginia. In 2010, 61% of the teenagers killed in car crashes were not wearing a seatbelt at the time of the crash. A great part of these fatalities could have been avoided just by buckling up.

These Virginia accident statistics prompted traffic safety officials in Virginia to start a new campaign. This new program, which launched in schools across the state on October 1st, educates teens about the importance of buckling up and driving safely.

Buckling up increases your teen's safety in a vehicle, but it doesn't make them invincible. If your teen has been injured by a negligent driver, contact a Virginia accident attorney today.

Tragic Truck Crash Leads to NTSB Safety Recommendations

blog@www.dulaneylauerthomas.com (News Author)27172 — Thu, 13 Oct 2011 08:00:00 EST

The National Transportation Safety Board (NTSB) is a federal organization in charge of investigating high profile highway, air, marine, train and pipeline accidents. The NTSB also makes recommendations to advance public and professional safety objectives.

A recent NTSB report on a 2010 Munfordville, KY tractor-trailer crash has shown how state and federal lawmakers need to move forward on a number of safety issues. These issues are dear to motorists who are concerned with the devastating damage of 18 wheeler crashes in Virginia.

The American Trucking Associations (ATA) fully supports the NTSB recommendations. ATA president and CEO Bill Graves declared, "We're encouraged that a number of the Board's recommendations fit with ATA's progressive safety agenda, which we put forward as a way of reducing crashes on our highways."

One of NTSB's recommendations is to ban the use of handheld cell phones for talking or texting by all motorists, not just truck drivers.

Referring to the widely recognized 2009 Virginia Tech study on cell phone use and driver distraction, Graves stressed the impact of reaching for a phone, dialing and texting on the crash rate. He acknowledged that hands-free cell phones are not nearly as dangerous because drivers can keep their eyes on the road.

Other NTSB recommendations include strategies to increase safety belt use as well as the federal oversight of new motor carriers and the implementation of the Compliance, Safety and Accountability program.

Truck Safety Coalition Finds Federal Senate Irresponsible

blog@www.dulaneylauerthomas.com (News Author)27171 — Wed, 12 Oct 2011 08:00:00 EST

By passing a bill that permanently allows trucks over the federal weight limit to drive in Maine and Vermont, the Truck Safety Coalition (TSC) stated that the Senate has shown "complete disregard for the safety of families sharing the road with these overweight trucks."

The TSC considers this a giveaway to the economic agenda of the trucking industry, in flagrant conflict with lawmakers' duty to advance public safety and protect the nation's infrastructure.
Virginia experts on traffic safety are concerned that super-heavy long combination trucks weighing up to 100,000 pounds will gradually take over the highways in other states. Virginia's truck traffic on interstate highways is up to saturation point, which frequently causes deadly Virginia 18-wheeler crashes.

The TSC argues that the provision was first passed in 2010 as a pilot project and that an evaluation of the program was to be reported to Congress. This requirement has not been fulfilled which means that lawmakers, not knowing the impact of the project on safety and infrastructure, have nevertheless decided to make the provision permanent.

It is likely that heavier vehicles and axle loadings will reduce the pavement life and the margin of bridge safety, as well as lead to an increase in tragic semi-truck accidents.

Culpeper Police Plan Pedestrian and Bicycle Safety Awareness Campaign

blog@www.dulaneylauerthomas.com (News Author)26770 — Tue, 04 Oct 2011 08:00:00 EST

The week of September 11-17 is Virginia's Third Annual Bicyclist and Pedestrian Awareness Week, during which police will pay special attention to pedestrian crosswalks. Strategically placed electronic message boards will alert motorists to yield to pedestrians as required by law, the Star Exponent reports.

Culpeper Police Chief Chris Jenkins says that pedestrians have a right of way in crosswalks and motorists need to pay attention and stop.

In 2010, 88 people were killed walking or cycling on Virginia's roadways while another 621 cyclists and 1,858 pedestrians were injured.

Drive Smart Virginia and BikeWalk Virginia join the campaign to increase awareness and improve understanding of the risks of fatalities and injuries. Culpeper police will offer free bike helmets as part of the campaign.

"It's smart to ride a bike with protective headgear." said Sgt. Andy Berry. "An accident can happen without notice and the helmet may help avoid serious head injury should the rider fall off the bike."
Police want bicyclists to understand the rules: obey traffic laws, stop at stop signs and traffic lights, and ride with the flow of traffic.

Walking and bicycling are healthy and enjoyable exercises and should remain so. Unfortunately, inattentive motorists often consider the road to be theirs and do not pay sufficient attention to the vulnerable human beings who have a right to moving around in safety.

If you have been injured in a Culpeper accident while biking or walking, contact the Virginia pedestrian accident attorneys at Dulaney, Lauer & Thomas.

Crash in Fauquier Kills Woman and Grandson

blog@www.dulaneylauerthomas.com (News Author)26602 — Thu, 22 Sep 2011 08:00:00 EST

Last Saturday, Eric Henry Matthews, age 45, of New Market, was driving a 2003 Toyota Avalon traveling eastwards on Vint Hill Road in Fauquier County when a westbound 2005 Toyota Tacoma pickup truck suddenly crossed the median and hit the Avalon head-on.

The Virginia car crash occurred at 8:20 a.m., about 100 yards from Kennedy Road. Eric Matthews' wife Lori Matthews, who was in the passenger seat, and their 8-year-old grandson Reign Lewis Spencer, who was seated in the rear, were killed in the accident.

Both the driver of the Tacoma, Sharon Sue Rose, age 54, and the driver of the Avalon were airlifted to Inova Fairfax Hospital.

Virginia State Police declared that all of the vehicle occupants had been wearing seatbelts. It is not known at this time what caused the Tacoma to cross the center line. No charges have been filed as police continue their investigation.

The Virginia accident attorneys of Dulaney, Lauer & Thomas convey their most sincere condolences to the family and friends of Mrs. Lori Matthews and Reign Lewis Spencer.

Children Safe After Virginia School Bus Crash Involving Pickup Truck

blog@www.dulaneylauerthomas.com (News Author)26331 — Wed, 14 Sep 2011 08:00:00 EST

School buses are often thought to be safe and very few have been involved in serious traffic accidents in Virginia; however, last week's multiple vehicle crash in Rockingham County reminds parents of school-age kids in Fauquier and Culpeper counties that no one is entirely safe in traffic.

A school bus for Linville Elementary School was involved in a multiple-vehicle crash on Tuesday morning. The Virginia bus wreck occurred at around 7:45 a.m. in the 2700 block of Harpine Highway.

According to a report by WHSV.com, a Dodge pickup truck swerved and hit the school bus while it was picking children. The truck, which was driven by 79-year-old John Henry Miller of Broadway, also struck another vehicle on the roadway.

The driver of the other vehicle, Amanda Carina, of Broadway, was taken to the Rockingham Memorial Hospital with minor injuries.

Thankfully, all occupants on the school bus were uninjured.

Linville-Edom Elementary principal Karen Thomsen rushed to the accident scene to calm the children who were in the accident. Although she was aware that they were not injured, she wanted to reassure them that their first day of school was going to be alright.

The Virginia accident lawyers at Dulaney, Lauer & Thomas are glad to hear that no children were injured in the accident. We wish Amanda Carina a quick and full recovery from her injuries.

Man Loses Control of Vehicle and Hits Tree in Virginia Car Wreck

blog@www.dulaneylauerthomas.com (News Author)26127 — Sat, 03 Sep 2011 08:00:00 EST

It is always disturbing for motorists in Culpeper, Fauquier and throughout Virginia to witness or learn about accidents whose cause is not apparent. Motorists want to be convinced that drivers are in full control of their vehicles, which is not always the case.

A single-vehicle Yuma car crash has left a driver with serious injuries. The accident occurred at about 8:00 a.m. on Thursday when David Crabtree, 22, struck a tree while traveling along Yuma Road, near the Tennessee state line.

Crabtree's 2000 Chevrolet S-10 pickup truck ran off the left side of the road, striking several mailboxes before hitting a tree.

Virginia State Police (VSP) Trooper B.K. Hubbard said that Crabtree was trapped in the truck and had to be extricated by the emergency rescue crew. The Scott County Life Saving Crew and Gate City Fire Department joined the VSP in responding to the accident.

According to Scott County Central Dispatch, Crabtree was airlifted by a MedFlight helicopter to Holston Valley Medical Center. His condition is not known at this time.

Hubbard did not want to comment on the cause of the crash, saying that it was still under VSP investigation.

The Virginia car crash lawyers at Dulaney, Lauer & Thomas sincerely hope that David Crabtree will soon recover from his injuries.

Two Motorcycle Crashes in Virginia Leave 1 Dead and 1 Injured

blog@www.dulaneylauerthomas.com (News Author)26002 — Sat, 03 Sep 2011 08:00:00 EST

Rodney Bechtle, 58, of Madison, was traveling southbound on U.S. 29 at Reva Road when his Harley-Davidson motorcycle hit a Toyota four-door sedan. The driver of the Toyota, a 15-year-old female with a learner's permit, had pulled out from a stop sign at Reva Road and was hit by the motorcycle while crossing the northbound lane.

Bechtle was airlifted to the University of Virginia Hospital with undisclosed injuries. He had been wearing a helmet, according to a Star Exponent report.

The Toyota driver was taken to Culpeper Regional Hospital with undisclosed injuries. Trooper M.S. Austin had been responding to the scene and issued a summons to the Toyota driver for failing to yield the right of way.

On the same Friday, a female motorcyclist was killed in Page County when she slammed into a pickup truck.

As reported by Virginia State Police and WHSV.com, the accident happened on a curve on Route 340, just south of the Warren County line. Jennifer Dianne Pingley, from Bentonville, VA, died on the scene. She had been wearing a helmet at the time of the accident.

According to the State Police, Pingley crossed into the other lane and hit the oncoming pickup truck. The truck's driver, Cassey Lee Firkin of Rileyville, VA, was unhurt.

The Virginia accident lawyers of Dulaney, Lauer & Thomas offer our condolences to those who have been affected by these tragic accidents.

Virginia Motorcyclists Killed in Two-Vehicle Crash

blog@www.dulaneylauerthomas.com (News Author)26126 — Fri, 02 Sep 2011 08:00:00 EST

A fatal Virginia motorcycle crash is a tragic reminder for Fauquier and Culpeper County bikers that they should always expect the unexpected when riding their motorcycle.

Zachary W. Robertson, 24, of Madison Heights, was riding his 2007 Suzuki sport bike east on Seminole Drive, just west of Triple Oak Circle, at about 11.15 a.m. Monday. He was following a 1997 Plymouth Neon when the Neon slowed down to turn right. Robertson hit the brakes and lost control of his bike. Turning the motorcycle on its side, he skidded into a 1994 Chevy Cavalier, which was coming from the opposite direction.

Amherst County Public Safety and the Monelison Volunteer Fire Department responded, as well as the Virginia State Police and the Central Virginia Regional Crash Team.

A local witness who was waiting for a ride to a job site said that "the motorcycle just locked." A single skid mark extended from 148 Seminole Drive, doubling to two skid marks to cross the double-yellow line up to the collision scene. A totaled, crumpled motorcycle lay on the grass at the apartment complex beside Seminole Drive.

Robertson, who had been wearing a helmet, died at the scene.

No one else was injured in the wreck.

The Virginia accident attorneys of Dulaney, Lauer & Thomas send their most heartfelt condolences to the family and friends of Zachary Robertson.

Fatal Two-Vehicle Crash in Fauquier Caused By Drunk Driving

blog@www.dulaneylauerthomas.com (News Author)25704 — Fri, 19 Aug 2011 08:00:00 EST

A fatal Virginia drunken driving crash occurred on the evening of July 31st on VA 28.

Phar Chom Taengsat, 43, of Catlett, was driving a Lincoln Town Car near the Fauquier-Prince William County line when his car was hit head-on by a northbound traveling Isuzu Rodeo.

Taengsat suffered serious injuries and was airlifted to Inova Fairfax Hospital. He succumbed to his injuries at 12:15 a.m. on the morning of August 2nd.

There were also three other passengers in the Town Car with Taengsat. They were all transported to a Fauquier hospital for treatment of unknown injuries.

The driver of the Rodeo, 33-year-old Migule Angel Vulazquez-Vite of Culpeper, was uninjured in the crash. He was charged with drunken driving and driving without a license. It is not yet known if he will face additional charges.

The Culpeper car accident lawyers at Dulaney, Lauer & Thomas offer our sincere condolences to the family and friends of Phar Chom Taengsat and wish them strength during this difficult time. We hope that the other injured parties fully recover from their injuries.

The Astounding Virginia Car Crash Risks DMV Testers Are Forced to Take

blog@www.dulaneylauerthomas.com (News Author)25522 — Mon, 15 Aug 2011 08:00:00 EST

A recent Virginia auto accident, in which a Department of Motor Vehicles (DMV) tester was fatally injured, was the worst in Virginia DMV history.

Culpeper and Fauquier motorists often wonder how DMV testers can stand the stress of being driven around on busy highways by novice and inexperienced drivers. The Williamsburg crash two weeks ago shows just how real the risks are.

56-year-old DMV tester Shirley Martin was conducting a driving test along Parkway Drive in Williamsburg when the driver, a 36-year-old woman, suddenly crossed Penniman Road onto a dirt trail. She drove the 1998 Honda into a field where the car flipped after striking a tree.

The women were trapped and could only be evacuated after the roof was cut away. Martin was airlifted to Medical College of Virginia Hospital in Richmond where she died the next day.

"This accident, when I read about it, was horrible for me," said Karen Greene, a DMV employee who suffered a serious accident six years ago in Fredericksburg. She was injured while administering a road test to a young man who was about to make a left turn onto a busy highway. "The sign said yield on green," she recalled, "and he didn't." A tractor-trailer hit them head-on.

Greene was trapped in the vehicle after the accident and had to be cut out of the car; however, she and the young man only sustained minor injuries. Greene says she still struggles with claustrophobia on the road, especially when flanked by 18-wheelers.

The Virginia accident lawyers at Dulaney, Lauer & Thomas thank the DMV drivers who put their lives in the hands of inexperienced drivers each and every day and offer our condolences to the family and friends of Shirley Martin.

Pickup Truck Rollover Kills 1 and Injures 5 on Virginia I-95

blog@www.dulaneylauerthomas.com (News Author)25229 — Wed, 03 Aug 2011 08:00:00 EST

Saturday morning's crash on Interstate 95 reminds all Culpeper and Fauquier motorists how a split-second loss of control can end in a deadly rollover accident.

A Ford F-250 pickup truck was traveling south when the driver steered off the right side of the road. In an overreaction, the vehicle ran to the left side, striking several trees before tipping over and coming to a rest on its roof.

According to a ProgressIndex.com report, the driver, 60-year-old Claude Hogue of Quebec, Canada, died at the scene. A 12-year-old boy was sent to Virginia Commonwealth University Medical Center in Richmond with serious, non-life-threatening injuries. Four other passengers, two 17-year-old girls, 50-year-old woman, and a 51-year-old man were taken to Southside Regional Medical Center in Petersburg for treatment of minor injuries.

The crash occurred at 7:11 AM and closed all lanes for 30 minutes to allow Medflight landings. One lane was reopened by 8:15 AM, and all lanes were open by 9:45 AM.

The truck occupants were traveling from Quebec to Myrtle Beach, SC. It is believed that fatigue may have been a factor.

On the same day, in Dinwiddie, a three-vehicle crash was caused by a Peterbilt tractor-trailer rear-ending a Chevrolet Tahoe. The truck pushed the Tahoe into the rear of an Acura. The driver and three passengers of the Tahoe suffered minor injuries, while the drivers of the semi-truck and the Acura were unhurt.

The accident occurred on the northbound lanes of Interstate 85 near mile marker 58 and caused both northbound lanes to close for more than an hour.

Virginia State Police Troopers Struggle With Shortages

blog@www.dulaneylauerthomas.com (News Author)25060 — Wed, 03 Aug 2011 08:00:00 EST

Staffing shortages have plagued the Virginia State Police for years. Many troopers have retired or left, and all police academies in 2009 were cancelled to save money.

The state police have 2,080 authorized sworn positions, which range from troopers to special agents to supervisors. The agency is now down 227 positions and putting a lot of pressure on troopers to work extra time.

"It's good to have overtime money," said Senior Trooper James Russo, a 37-year-old father of two. "You sign up as fast as you can with no pay raises."

After years without raises and diminished overtime pay, many troopers pick up an extra shift or two to compensate, the HamptonRoads.com report says.

State police have duties other than patrolling highways. Court appearances can tie them up for hours: 2-3 hours for a DUI case and up to 4 hours for a serious crash or fatality. Some troopers are also members of dive or tactical teams.

Russo said he was among 4,000 applicants to the academy in 1996; only 130-140 were accepted. "It is frustrating for a motorist to call us and we have nobody in that area to come and help them," he added.

For drivers, the current shortage translates to a reduced presence on the streets and fewer tickets issued.