Attorney Blog

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.

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”.

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."

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.

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?”

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”.

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.

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”.

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.

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?"

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.

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.

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.

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

mindywein@cox.net (Blog Author)6205 — Fri, 14 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.

Nursing Home Residents' Rights

mindywein@cox.net (Blog Author)6005 — Fri, 07 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.

Causes of Large Truck Crashes

mindywein@cox.net (Blog Author)5773 — Tue, 28 Oct 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.

Wrongful Death Damages Paid to Family Members

mindywein@cox.net (Blog Author)5433 — Fri, 17 Oct 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.

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

Car accident alert: is your infant safe?

athomas@dulaneylauerthomas.com (Blog Author)4845 — Fri, 26 Sep 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?”

Getting high-risk drunk drivers off the road

athomas@dulaneylauerthomas.com (Blog Author)4843 — Fri, 26 Sep 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?”

Back road drunks – beware!

athomas@dulaneylauerthomas.com (Blog Author)4298 — Sat, 30 Aug 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”.

Is your life at risk from a medically unfit driver?

athomas@dulaneylauerthomas.com (Blog Author)4297 — Sat, 30 Aug 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”.

The Top 5 Causes of Virginia Traffic Accidents

athomas@dulaneylauerthomas.com (Blog Author)3726 — Thu, 31 Jul 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.

Are high gas prices killing commuters – literally?

athomas@dulaneylauerthomas.com (Blog Author)3725 — Thu, 31 Jul 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?”

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

athomas@dulaneylauerthomas.com (Blog Author)3277 — Mon, 30 Jun 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.

Culpeper preacher pleads guilty to workers' comp fraud

athomas@dulaneylauerthomas.com (Blog Author)3276 — Mon, 30 Jun 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.

Motorcyclist pays the ultimate price on the GW Parkway

athomas@dulaneylauerthomas.com (Blog Author)2874 — Sun, 01 Jun 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?

Do laws banning cell phone use while driving really work?

athomas@dulaneylauerthomas.com (Blog Author)2873 — Sun, 01 Jun 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.

The US Government decides to further investigate Jeep Liberty defect

athomas@dulaneylauerthomas.com (Blog Author)2534 — Wed, 30 Apr 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.

Insurance Companies and the Relentless Pursuit of Profit

athomas@dulaneylauerthomas.com (Blog Author)2533 — Wed, 30 Apr 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.

Rollover risks – how safe is your SUV?

athomas@dulaneylauerthomas.com (Blog Author)2253 — Mon, 31 Mar 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.

Car Accident Deaths Increase Starting At Age 12

athomas@dulaneylauerthomas.com (Blog Author)2239 — Sat, 29 Mar 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.

Two drunk drivers slam into construction equipment, kill worker

athomas@dulaneylauerthomas.com (Blog Author)2020 — Fri, 29 Feb 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.

Distracted Tractor-Trailer Driver Takes Two Lives

athomas@dulaneylauerthomas.com (Blog Author)2004 — Thu, 28 Feb 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.

New car seat rating system launched

athomas@dulaneylauerthomas.com (Blog Author)1782 — Thu, 31 Jan 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?

So long, abusive driving fees!

athomas@dulaneylauerthomas.com (Blog Author)1781 — Thu, 31 Jan 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 Virginia DUI Law Takes Effect January 1, 2008

athomas@dulaneylauerthomas.com (Blog Author)1572 — Sat, 29 Dec 2007 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.

Mandatory arbitration – good for business, bad for you

athomas@dulaneylauerthomas.com (Blog Author)1524 — Mon, 17 Dec 2007 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?

Is your car watching you?

athomas@dulaneylauerthomas.com (Blog Author)1397 — Fri, 30 Nov 2007 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.

Have you talked to your teenage driver about auto safety?

athomas@dulaneylauerthomas.com (Blog Author)1373 — Sat, 24 Nov 2007 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!

No sleep expert for Rt 3 car crash, says Culpeper County Attorney

athomas@dulaneylauerthomas.com (News Author)13452 — Wed, 17 Mar 2010 08:00:00 EST

Last March four people were killed on State Route 3 when they were struck by a driver traveling in the wrong lane as he headed towards Culpeper. The errant driver, Eugene T. Greene, slammed his Chevrolet Tahoe SUV into a Toyota Corolla containing five people.

Four of the Corolla’s occupants – Tianna Jones, Tyler Harlow, Joseph Sahnow and James Cook – were killed at the scene of the accident; one man survived with serious injuries. Police arrested Greene, who was charged with four felony counts of involuntary manslaughter, wounding in the commission of a felony and misdemeanor charges of reckless driving and operating an uninsured vehicle.

Greene pleaded not guilty to all the charges in December, and is currently free on bond while he waits for his May 4 trial in circuit court. The Culpeper County Commonwealth’s Attorney in the case asked for $20,000 and then $5,000 to hire a sleep expert to testify against Greene.

The expert would have spoken to the jury about the effects of sleep deprivation on a driver, as Green was allegedly awake for 20 straight hours before the crash, having only slept for six or seven hours in the previous 48 hours. This type of sleep deprivation can lead to serious driving mistakes, according to the Commonwealth’s Attorney.

However, Circuit Judge Jack Berry turned down the request for money to hire a sleep expert. The case against Green will move forward without expert testimony on sleep deprivation.

Did distracted driving cause a Brady Road car crash that injured two?

athomas@dulaneylauerthomas.com (News Author)13467 — Wed, 17 Mar 2010 08:00:00 EST

A Culpeper driver who rear-ended another vehicle caused a three-car wreck on Brady Road this month. Was distracted driving to blame? Or could it have been driver inexperience, or aggressive driving?

Distracted drivers, inexperienced drivers, and aggressive drivers are all prone to committing the driving sin of tailgating. Following too closely behind another vehicle is not just a bad idea, it is illegal – as the driver in this accident found out when she was cited for following too closely.

The accident happened one mile north of Route 666 on northbound Brady Road when the driver of a 2002 Chrysler PT Cruiser ran into the back of a 2010 Kia Sedan. Upon impact, the Kia veered into the southbound lane of Brady Road, where it was hit by a semi-tractor. Brady Road had to be closed in both directions after the auto accident.

The driver of the Kia had to be taken to Mary Washington Hospital in Fredericksburg to be treated for injuries. The driver of the semi-truck was taken to Culpeper Regional Hospital. Their conditions are not known at this time.

Culpeper police cited the driver of the PT Cruiser, Amanda J. Yowell, for following too closely. Neither Yowell nor her passenger was injured in the crash.

Trucker charged with involuntary manslaughter in fatal Virginia crash

athomas@dulaneylauerthomas.com (News Author)13136 — Sat, 27 Feb 2010 08:00:00 EST

A truck driver accused of being “inattentive” has been charged with two counts of involuntary manslaughter after causing a series of crashes that took the lives of two brothers.

The large truck accident happened last summer on Interstate 81 near mile marker 296. According to police, the truck driver, Pawandeep Singh, 22, of Sacramento, drove his 2006 Peterbilt tractor-trailer into the back of a 2007 Honda. The force of the impact pushed the Honda underneath a 2005 Peterbilt truck, which then rear-ended a 1999 Volvo tractor-trailer, which in turn hit a 2005 Freighter truck.

At the time of the crash traffic was stopped on I-81 because of an earlier crash. Investigators determined that driver inattention was the cause of the crash, as Singh failed to notice that the vehicles ahead of him were slowing to stop. The investigation also revealed that Singh was traveling at such a high rate of speed that after hitting the Honda it continued to skid for a while.

After the crash Singh was allowed out of jail on $10,000 secured bond. At this time the plan is for him to remain at a home in Reston until the case goes to court. Singh is unable to leave the state of Virginia without the court’s permission.

The victims of the crash, Stone T. Weeks, 24 and his brother, William “Holt” Weeks, 20, died at the scene of the accident.

Opiate abuse: Nursing home abuse in Virginia isn't always obvious

athomas@dulaneylauerthomas.com (News Author)13137 — Sat, 27 Feb 2010 08:00:00 EST

It is important to know that over or under medication of nursing home patients is a form of elder abuse or neglect. This is the story of a nursing home where residents were found to be over-medicated with strong pain control drugs that according to records they should not have been given.

Three residents were taken to the hospital after nursing home managers noted that they seemed to be acting unusual. Testing later revealed that they had drugs in their system that they had not been prescribed.

Of a total of 25 patients tested in the Alzheimer’s unit of the home, six were found to have opiates in their systems. Three of those patients were subsequently hospitalized as a precaution.

Opiates are a controlled substance used primarily for pain management. Side effects include sedation, drowsiness, nausea and constipation.

One of the hospitalized patients later died, and five others are still in the hospital. It is unknown whether or not they will be returned to the nursing home.

The affected nursing home is located in Chapel Hill, NC, and is operated by a company which also operates nursing homes in Virginia. Over or under-medication of nursing home patients is a difficult form of abuse and neglect to catch, because the signs can be so subtle.

Injured Virginia workers: options for treating chronic pain

athomas@dulaneylauerthomas.com (News Author)13138 — Sat, 27 Feb 2010 08:00:00 EST

A doctor at the Culpeper Surgery Center has great news for injured workers suffering from chronic pain as the result of an on-the-job injury. A multipronged approach to pain management may just give them the relief they’ve been seeking.

Dr. Susan Miller, a medical degree graduate from the University of Virginia, is also currently an assistant professor of physical medicine and rehabilitation at UVa. She is considered an expert in the treatment and diagnosis of pain. Not only do doctors like Miller aim to relieve pain, but they also seek to restore physical function without surgery.

By avoiding surgery, chronic pain suffers can stay out of the hospital and avoid costly surgical procedures that could lead to further complications. Long recovery times from surgery can also be avoided, allowing workers to return to work sooner.

A multidiscipline approach to chronic pain management can involve treatments like physical therapy, injections, patient education, psychological counseling, and more. Dr. Miller believes that taking the whole person into consideration is important to achieving meaningful results.

Workers in Culpeper and Warrenton are often at risk from disorders that can leave them with chronic pain. From office workers to construction workers, anybody can suffer a workplace accident that leaves them suffering. Knowing that there are options for treating painful injuries should come as a relief to many.

DUI and involuntary manslaughter charges for Stafford County woman

athomas@dulaneylauerthomas.com (News Author)13086 — Thu, 25 Feb 2010 08:00:00 EST

A wrong-way driver whose actions led to the death of another driver has been charged with driving under the influence (DUI) and involuntary manslaughter. Vicki Lane Beach, 57, of Stafford County, caused the fatal crash when she drove the wrong way on northbound I-95.

According to Virginia State Police, Beach was headed west on Courthouse Road when she turned her 2010 Mercedes sedan left onto the I-95 northbound off-ramp when she should have taken the next left. The mistake caused her to head south on I-95 north, where she crossed two lanes of traffic to the northbound left lane.

After traveling less than a mile, Beach crashed into a 2005 Chrysler Sebring being driven by Rachel T. Benezra, 55, of Staten Island N.Y. Benezra was headed north in the same lane in which Beach was headed south. It was snowing at the time of the collision, but there was no accumulation on the road surface according to police.

Both drivers were wearing seatbelts at the time of the crash, and airbags deployed in both vehicles. Beach was transported to Mary Washington Hospital with injuries. Benezra was also taken to Mary Washington Hospital where she died several hours later.

Police declined to release the results of Beach’s blood alcohol test. The left lane of I-95 north had to be closed while the Virginia State Police crash reconstruction team investigated the scene of the crash.

Toyota issues more recalls, braking systems & drive shafts affected

athomas@dulaneylauerthomas.com (News Author)12858 — Tue, 16 Feb 2010 08:00:00 EST

The number of recalled Toyota vehicles keeps rising, unnerving investors and making customers uneasy. To date about ten million recall notices have been sent out to Toyota owners across the globe, prompting safety experts to question the auto giant's commitment to manufacturing excellence.

The recent recall events began late last year, when Toyota issued a recall affecting over four million vehicles for a floor mat accelerator entrapment issue. The vehicles were recalled after the widely discussed death of an off-duty California trooper who died with his family when their Lexus sped out of control after the accelerator pedal became stuck.

Safety experts questioned whether faulty floor mat design was the root of the unintended acceleration problem. Not long after another recall was issued for a similar issue, this time for a faulty throttle. Vehicles affected by this recall could have their accelerator pedal get stuck, leading to an increased risk of a traffic crash.

The braking systems of three popular vehicles, the Prius, Camry, and Lexus were the focus of a recent recall. Computer software that controls the brakes in the Prius and Lexus must be modified to prevent vehicles from being perceived as taking too long to brake. The Camry has a brake tube defect that could lead to the loss of braking power, which could contribute to a serious crash.

Lastly, Toyota recently recalled about 8,000 2010 Toyota Tacoma vehicles for a defective drive shaft that could cause drive shaft separation and potentially contribute to motor vehicle crashes. Owners of affected vehicles are asked to visit their dealer for a fix.

Studies show that handheld cell phone bans don't work

athomas@dulaneylauerthomas.com (News Author)12530 — Sat, 30 Jan 2010 08:00:00 EST

Calls for bans on hand-held cell phones behind the wheel are becoming more popular these days, but some newly released studies question whether or not these bans do any good. A review of data from three states and the District of Columbia show that so far there has been no reduction in the number of auto accidents.

The Highway Loss Data Institute reviewed insurance claim information from New York, Connecticut, California and Washington D.C. – where cell phone use while driving has been banned – and compared the information to other areas with no cell phone ban.

Researchers were surprised that there was no change in the rate of accidents, despite ample studies that show cell phone use distracts a driver’s attention from the road and can lead to accidents. One theory is that people may not be holding their cell phones, but they are still using them while driving – just with hands-free devices.

Studies have shown that using a hands-free device while driving is just as distracting and dangerous as using a cell phone. It isn’t holding a phone that is distracting, argue researchers, it is the act of talking to a person who is not in the car that causes an unsafe level of distraction.

It remains to be seen what will be done with this information. Will lawmakers continue to push for handheld cell phone bans or will they go all the way and ban cell phone use completely – even with a hands-free device?

New details emerge in deadly Stevensburg Route 3 collision

athomas@dulaneylauerthomas.com (News Author)12469 — Fri, 29 Jan 2010 08:00:00 EST

Last year four people were killed in a tragic car crash near Stevensburg on Route 3 when Eugene T. Greene, 30, drove head-on into their vehicle.

Disturbing new details about the case have been made available as the result of a memorandum filed in Culpeper County Circuit Court by the Commonwealth’s Attorney. In the memo, the attorney requested that an expert witness establish that Greene was sleep-deprived and should not have been driving.

The accident happened last March when Greene, who was headed east, veered into oncoming traffic on Rt. 3. His Chevy Tahoe crashed into a Toyota Corolla headed west. The driver of the Corolla, Tyler S. Harlow, 20, of Ruckersville, was killed. Also killed were three of his passengers: Joseph L. Sahnw, 20, of Ruckersville, Tianna V. Jones, 19, of Standardsville, and James B. Cook, 21, of Marshfield, VT. The only survivor in the Corolla was Howard J. Steiniger, 27, of Fredericksburg.

The new details in the case are from the Virginia State Police investigation, which found that neither vehicle left pre-impact or skid marks (no braking), both vehicles sustained damage to their left front sides, Greene was traveling at 55 mph on cruise control when the accident occurred and did not brake, and may have been unfit to drive because he was very drowsy at the time of the collision.

Greene, it turns out, had been awake for 20 hours before the crash and had only had six or seven hours of sleep in the previous 48 hours. He had also consumed two beers an hour before the accident, and was unsure what lane he was in when the accident happened, whether he crossed the double-yellow line.

Greene was charged by a grand jury in October 2009 and is currently free on $20,000 bond. He has pleaded not guilty to four felony counts of involuntary manslaughter, wounding in the commission of a felony, and misdemeanor charges of reckless driving and operating an uninsured vehicle. His trial is set for May 4^th.

Court asked to pay for traffic accident expert in fatal car crash case

athomas@dulaneylauerthomas.com (News Author)12470 — Fri, 29 Jan 2010 08:00:00 EST

The Culpeper County Commonwealth’s Attorney is asking for money to pay for an expert witness to testify against a drowsy driver in a fatal car crash that happened last year.

Attorney Gary Close has petitioned the Circuit Court for $15,000 to pay for Dr. William Christopher Winter of Charlottesville. Dr. Winter is, according to Close, a sleep-deprivation expert and has worked with professional sports teams on sleep issues. Close would like Dr. Winter to testify about the defendant’s physical condition the night of the fatal crash.

The defendant in this case, Eugene T. Greene, has been charged with four counts of involuntary manslaughter, wounding in the commission of a felony, and misdemeanor charges of reckless driving and operating an uninsured vehicle for his role in the collision that killed four people and injured another. He has pleaded not guilty to the charges and is currently free on $20,000 bond.

An investigation by the Virginia State Police revealed that Greene had been awake for 20 hours when the crash happened, having only had six or seven hours of sleep in the previous 48 hours. The commonwealth’s attorney believes that Greene was in no condition to be driving.

Court documents state that Greene did not know which lane he was driving in when the accident occurred, and he did not apply the brakes and was traveling at 55 miles per hour with the cruise control engaged when he crashed.

If Close’s request for $15,000 to pay the sleep expert is denied or if he does not get enough money, he intends to return to the Board of Supervisors in February. The trial in this case is set to take place May 4^th.

Investigation reveals abuse & assault risks for nursing home residents

athomas@dulaneylauerthomas.com (News Author)12480 — Fri, 29 Jan 2010 08:00:00 EST

A recently released investigation by the Chicago Tribune has revealed shocking details about sexual abuse cases against elderly nursing home residents in the city. Investigators found that of 86 cases of sexual violence against elderly and disabled nursing home residents, only one resulted in an arrest.

Sexual crimes against elderly residents ranged from molestation and groping to rape and sexual assault. Surprisingly, most often other residents are the perpetrators, not staff or visitors. The report stated that as long as nursing homes continue to be used as a place to house convicted felons and mentally ill patients, resident on resident crimes will continue.

Exacerbating the problem are low staff levels and budget cuts in many nursing homes. Without adequate staff, predatory residents can harass and abuse other elderly or disabled residents. These crimes often go unreported or unprosecuted, as victims are often unwilling or unable to report the crime. Nursing homes may be aware of sexual abuse cases, but may chose to deal with the issue internally rather than reporting the matter to the police.

Overall the Tribune report reveals that sexual abuse crimes against elderly and disabled nursing home residents may be more common than previously thought. A Virginia Tech professor who studies sex crimes against the elderly was quoted as saying “We believe the reports are less frequent than they should be — we think there is something hidden here.”

Culpeper Sherriff Not Harmed in Car Crash

athomas@dulaneylauerthomas.com (News Author)12468 — Thu, 28 Jan 2010 08:00:00 EST

Even the Sherriff can get himself involved in a car accident. Fortunately, there were no injuries and no charges were filed after two vehicles crashed in downtown Culpeper. The Culpeper County Sherriff, Jim Branch, 55, was responding to a call to assist Culpeper police when the accident happened.

Branch was driving an unmarked 2009 Ford with his emergency lights on when he was hit by the driver of a 2001 Chevrolet Impala. Both the Ford and the Chevy were both turning left onto Belle Avenue when they collided.

The other motorist, Garland Gene Shortridge, 55, was headed north on Business route 29 when he made his left turn. Branch was following a town police car as he turned left. The intersection had apparently been cleared by the police car before the vehicles crashed.

Shortridge was driving at approximately 5 miles per hour when the accident occurred. His vehicle sustained approximately $1,500 worth of damage to the driver side and passenger side doors.

Branch was driving at about 20 miles per hour and his vehicle sustained $1,800 in damage to the right front quarter panel and grill.

At the time of the crash both men were wearing their seat belts and the airbags did not deploy in either vehicle. The Sherriff’s office had no comment on the accident, and no charges were filed.

Workers may get extra protection against repetitive stress injuries

athomas@dulaneylauerthomas.com (News Author)12023 — Thu, 31 Dec 2009 08:00:00 EST

Every year nearly half a million workers suffer from repetitive stress injuries, also known as ergonomic injuries. Legislation being proposed by the Obama administration could make a big difference for workers and potentially reduce the number of related workers’ compensation claims.

Ergonomic rules were initially issued in 2000 during the Clinton administration, and were intended to save $9.1 billion in health-care costs every year. The rules were expected to cost U.S. employers about $4.2 billion a year, according to the U.S. Chamber of Commerce, a business lobbying group.

The current proposal would require U.S. companies to maintain more extensive records of ergonomic-related injuries. Better records, argue proponents of the legislation, would allow employers to more quickly identify problems, which could allow them to make changes to protect their employees.

If labor organizations like the AFL-CIO get their way, this move could make it easier for regulations to be introduced that would expand workplace injury regulations stopped by the Bush administration under pressure from companies in 2001.

The business community is fighting the proposal, arguing that the costs associated with implementing such a program would be prohibitive and bad for business. They are spending millions of dollars to fight the legislation. On the other hand, Labor Secretary Hilda Solis claims that the new rules would level the playing field and force businesses to play by the rules.

Two hospitalized, Route 1 closed after Woodbridge car crash

athomas@dulaneylauerthomas.com (News Author)11994 — Tue, 29 Dec 2009 08:00:00 EST

Two people were sent to the hospital after a motor vehicle crash that led to U.S. Route 1 in Woodbridge being closed. The accident happened when the driver of a 2005 Ford Focus lost control on northbound Route 1 near the intersection of Powell’s Creek Boulevard.

According to Prince William Police, the driver, Esther E. Davis, 53, of Woodbridge, crossed over the double yellow line on Rt. 1 and crashed into a 2004 Jeep Wrangler. The Jeep Wrangler was being driven by a 29 year old Woodbridge man who had to be taken to the hospital. The police described the man’s injuries as non-life threatening.

Davis, on the other hand, had to be airlifted to the hospital for what the police describe as “precautionary reasons”. She was charged with reckless driving and was released on a summons. Route 1 had to be closed for about an hour in both directions while investigators did their work and the scene was cleaned up.

Prince William Police are using this accident as an opportunity to remind drivers to practice safe driving behaviors while out on the roads this winter. Drivers are reminded to slow down, give snow plows plenty of room to work, and to watch for areas of the road that freeze faster than the rest.

Bus collision in Lake Ridge sends two people to the hospital

athomas@dulaneylauerthomas.com (News Author)11998 — Tue, 29 Dec 2009 08:00:00 EST

A bus passenger and the driver of another vehicle had to be taken to the hospital after a motor vehicle crash in Lake Ridge. A 76 year old Woodbridge woman driving a 2004 Acura pulled onto Old Bridge Road from Wood Hollow road and crashed into an OmniLink transit bus.

According to initial reports from the accident scene, the woman driver had to be cut out of her car by emergency responders. Of the seven people on the bus (including the driver) only one had to be taken to the hospital with injuries.

There is no word from Prince William Police on the status of the woman driver or the injured bus passenger. Police are investigating the crash and will provide more information when it becomes available.

The organization that operates the OmniLink bus service, the Potomac and Rappahannock Transportation Commission, is also investigation the crash. According to a commission spokesperson they sent personnel to the scent to investigate the accident.

No word yet on whether or not the woman driver or the bus driver will be charged in relation to the accident, although from initial reports it appears that the woman driver was responsible for the crash. Actual fault will not be known until the accident investigation is complete.

Culpeper DUI traffic stop leads to drug charges for Maryland couple

athomas@dulaneylauerthomas.com (News Author)11797 — Sun, 20 Dec 2009 08:00:00 EST

A weekend DUI traffic stop has two Maryland residents facing a number of serious charges. The couple, Tealeye Luciano, 34, and Demian Galen Filkins, were stopped on North Main Street by a Culpeper police officer.

The officer stopped Luciano under suspicion of drunk driving. According to the officer, Luciano appeared disoriented and confused, telling the officer that she and her boyfriend were staying locally in a motel after attending a Phish concert.

The officer arrested Luciano, who then asked the officer to check on her boyfriend at the Willis Lane Rodeway Inn. Filkins was found by officers in the motel room bed, with what police believed to be marijuana.

Upon searching the room officers found drugs, prescription pills, and nearly $5,000 in cash ($3,900 in the room and $1,000 on Luciano). Both individuals are being held without bond in the Culpeper County jail, awaiting an appearance before the Culpeper General District Court.

Luciano was charged with DUI, refusing to take a breath test, driving without a license, marijuana possession, transporting drugs into Virginia for distribution, possession with the intent to distribute methamphetamine, and possession with the intent to distribute prescription drugs.

Filkins was charged with possession of marijuana, transporting drugs into Virginia for distribution, possession with the intent to distribute methamphetamine, and possession with the intent to distribute prescription drugs.

Will budget cuts mean trouble for Virginia nursing home residents?

athomas@dulaneylauerthomas.com (News Author)11796 — Sat, 19 Dec 2009 08:00:00 EST

Virginia Governor Tim Kaine has released his proposed two-year state budget which includes a $419 million reduction to Medicaid. The reduction includes $19.8 million worth of cuts to nursing home facilities.

According to the Virginia Health Care Association (VHCA), 63 percent of individuals in nursing homes are on Medicaid. This means that any changes or cuts to Medicaid affect people who are unable to do much about it.

Virginia is already ranks low when compared to other states when it comes to Medicaid reimbursement. One health system provider claims that they only receive 70 cents on the dollar for hospital care.

Facility residents who depend on Medicaid aren’t the only ones who may be affected. Those residents paying for care out of their own pocket may see rates rise to make up for the Medicaid shortfall, which means they might run out of savings sooner. As soon as they exhaust their savings, they’ll be eligible for Medicaid themselves – creating a vicious cycle.

According to the VHCA, 70 percent of the costs in long-term care facilities are for staffing. If cuts are made to Medicaid, it is likely that some facilities will attempt to trim staff to save money. The problem is that residents in understaffed facilities are more likely to experience neglect and abuse.

Woodbridge man killed in collision with tractor trailer on I-95

athomas@dulaneylauerthomas.com (News Author)11517 — Mon, 30 Nov 2009 08:00:00 EST

A Woodbridge man is dead after an early morning collision with a tractor trailer on Interstate 95. The crash happened in Fairfax County about three-quarters of a mile north of Route 7100 about 2:15 in the morning.

The man, Tomell Grady, 26, was headed north on I-95 when he drove his Hyundai into the back of a northbound tractor trailer. According to police, Grady was traveling at a “high rate of speed”, and his Hyundai ended up underneath the 18-wheeler.

Grady was killed in the accident. Two people from the tractor trailer were taken to a local hospital with minor injuries and released. As a result of the fatal traffic crash, all northbound lanes of I-95 had to be shut down. Traffic was diverted onto the HOV lanes until all lanes of I-95 were reopened around 5:30 in the morning.

The accident is under investigation. It is not known if alcohol or drug use was a factor in the crash.

Speed is a major contributing factor to serious car and truck accidents in Virginia, and traveling at a high rate of speed is one hallmark of an aggressive driver. In about 10 percent of accident cases for drivers age 21 to 65 speed is a main contributing factor. Following too closely – which the driver in this situation may have been doing – is hands-down the number one cause of crashes for U.S. adults.

Toyota officially announces largest ever recall in history for "sudden acceleration" problem

athomas@dulaneylauerthomas.com (News Author)11537 — Mon, 30 Nov 2009 08:00:00 EST

In late September the Toyota Motor Corporation warned that they would be issuing a recall that would affect about 3.8 million vehicles. The issue, according to reports at the time, was that accelerator pedals in certain Toyota models could become entrapped in the floor mats, causing sudden acceleration and potentially leading to serious or deadly accidents.

This month Toyota has officially announced the recall, which is slightly larger than previously expected and which has expanded to Canada. About 4.26 million vehicles may be affected by the recall, which covers 8 Toyota models.

In addition to the problem with unintended acceleration, Toyota has also issued a recall for 110,000 Tundra and Tacoma pickup trucks. The pickups are at risk for frame corrosion that could damage brake lines and dislodge spare tires. The flaw has been investigated by the National Highway Traffic Safety Administration (NHTSA), which also investigated the sudden acceleration issue a number of times.

Toyota announced that it would be issuing the sudden acceleration recall after the highly-publicized death of a California highway patrol officer who was killed, along with three other members of his family, when the Lexus they were in accelerated out of control and ended up crashing.

Owners of recalled vehicles can take them to a Toyota dealer to be fixed. There is a temporary fix for the sudden acceleration issue that can be permanently fixed in April when Toyota will make new accelerator pedals available.

Northern Virginia worker electrocuted, another seriously injured on-the-job

athomas@dulaneylauerthomas.com (News Author)11539 — Mon, 30 Nov 2009 08:00:00 EST

One Arlington County worker is dead and another severely injured after an on-the-job accident. The men had just worked through the night to repair water main break and were removing a set of temporary lights when the accident happened.

The only information made public after the accident was that the men came into contact with a power line. The accident is being investigated by the Virginia Occupational Safety and Health Administration, as well as the Arlington police.

The worker who was electrocuted, James Bea, 59, of Arlington, was about to go home when he was killed. He was pronounced dead at the scene. The other worker suffered severe electrical burns and is in critical condition. His name has not been released.

Water pressure in the north part of Arlington County was low over Thanksgiving as county workers tried to fix the water main break. After the accident about 1,000 homes lost power, which was restored several hours later.

James Bea is survived by a wife, a child and several grandchildren. Bea and the other injured worker were employed by the Arlington County Water, Sewer and Streets Bureau in the Department of Environmental Services.

Mitsubishi Lancer airbag sensor recall affects Virginia vehicles

athomas@dulaneylauerthomas.com (News Author)11379 — Sat, 21 Nov 2009 08:00:00 EST

Prompted by the National Highway Traffic Safety Administration (NHTSA), Mitsubishi has issued a recall for almost 30,000 2008 and 2009 Mitsubishi Lancer and Lancer Evolution vehicles. The recall affects vehicles registered to owners in “salt belt” states, where vehicles are exposed to melted snow and ice during winter.

Virginia is one of the 23 states affected by the recall, which was initiated when the NHTSA became concerned that long-term exposure to the salty winter road mix could cause corrosion to the front impact sensor. Damage to this sensor could delay airbag deployment in the event of a traffic accident, possibly injuring the driver or front passenger.

Owners of the affected vehicles can take their cars to their local Mitsubishi dealer for a free fix. To resolve this potential issue, dealers will replace the airbag sensors with a redesigned sensor. The new sensor is designed to withstand corrosion caused by winter water and salt road mixtures.

The recall is scheduled to begin November 27, 2009. Owners of affected Mitsubishi Lancers and Lancer Evolution vehicles can contact Mitsubishi Customer Relations at 888-648-7820, contact NHTSA's Vehicle Safety Hotline at 1-888-327-4236, or visit NHTSA on the Internet at www.safercar.gov.

Owners of vehicles originally sold or currently registered in the following states should visit their Mitsubishi dealer as soon as possible: Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, Wisconsin and the District of Columbia.

Manslaughter charges for Stafford man who killed two in drunk driving crash

athomas@dulaneylauerthomas.com (News Author)11380 — Sat, 21 Nov 2009 08:00:00 EST

A man who killed two people while driving under the influence in Prince William County has been indicted on two counts of involuntary manslaughter.

The man, William John Mallory, 26, was driving his 2004 Ford Explorer home from a Jimmy Buffet concert at the Nissan Pavilion when he crashed into a car at the intersection of Prince William Parkway and University Boulevard.

According to police the force of the collision sent the other vehicle, a 2007 Saturn Ion, off the road through a fence where is careened across a field and landed on some boulders.

The other vehicle was being driven by a woman from Dumfries, 43, who was taken to a local hospital with life-threatening injuries. The driver’s mother, Rebecca L. Sacra, 60, from Alexandria and the woman’s 2 year old son Jonathan Wade-Ortiz, died at the scene of the accident.

Another passenger from the Ion, a 12 year old nephew of the driver, was also taken to the hospital but police described his injuries as not life threatening.

Police stated that alcohol was a factor in the traffic crash; Mallory will stand trial before a jury on April 5, 2010.

FMCSA and their multi-million dollar trucking company fines

athomas@dulaneylauerthomas.com (News Author)11135 — Sat, 31 Oct 2009 08:00:00 EST

Ensuring compliance with Federal Motor Carrier Safety Regulations (FMCSR) is the responsibility of the Federal Motor Carrier Safety Administration (FMCSA). This gives the FMCSA oversight of all the truck, bus and motorcoach companies that are regulated by the U.S. Department of Transportation (DOT).

The FMCSA collects tens of millions in fines every year from motor carriers that fail to follow applicable regulations. Here are the totals collected from closed cases for the last five years, including what has been collected so far this year:

2009 – 5214 total cases resulting in $25,244,699.00 collected by FMCSA
2008 – 5138 total cases resulting in $27,019,030.00 collected by FMCSA
2007 – 5281 total cases resulting in $26,381,389.00 collected by FMCSA
2006 – 4403 total cases resulting in $18,873,088.00 collected by FMCSA
2005 – 4102 total cases resulting in $20,170,452.00 collected by FMCSA

In Virginia so far this year there have been 184 motor carrier violation cases closed. So far the most expensive case has been against a truck company in Woodbridge, Virginia that violated six different regulations and had to pay $ 54,960.00 to settle their case.

This is the kind of information that can be very helpful when researching a tractor trailer accident case. As you can imagine, any company with tens of thousands dollars worth of fines for violating the law will have some problems convincing a judge or jury that they care about the safety of their drivers and other road users.

NHTSA announces that traffic fatalities are down so far this year

athomas@dulaneylauerthomas.com (News Author)11136 — Sat, 31 Oct 2009 08:00:00 EST

The National Highway Traffic Safety Administration (NHTSA) announced this month that motor vehicle accident fatalities for the first half of this year are down by about 7 percent compared to the same time period last year.

A statistical projection of traffic deaths shows that about 16.626 people were killed in motor vehicle crashes from January to June, compared to 17,871 in the same period last year. The first quarter of 2009 saw a 10 percent drop in fatalities compared to 2008, and the second quarter wasn’t as good but still showed a 4 percent drop.

If the numbers from the statistical projection bear out, the second quarter of 2009 would be the 13th consecutive quarter showing a decline in traffic fatalities compared to the same quarter from the previous year.

According to the NHTSA, traffic fatalities have been steadily dropping over the years every since a recent peak in 2005. The largest decline in traffic deaths this year was in February, which saw a 16 percent decrease.

Data for the NHTSA report comes from the Fatality Analysis Reporting System (FARS), FastFARS (FF), and Monthly Fatality Counts (MFC).

Please visit our on-line motor vehicle accident law library for articles about car, tractor trailer and motorcycle accident issues.

Distracted drivers are a "menace to society"

athomas@dulaneylauerthomas.com (News Author)11047 — Tue, 27 Oct 2009 08:00:00 EST

At a two-day meeting in Washington D.C. dealing with the dangers of distracted driving, U.S. Transportation Secretary Ray LaHood made a bold statement. He called distracted driving a “menace to society”.

These words set the tone of the summit, which was held to bring together law enforcement officials, safety advocates, researchers and lawmakers on the subject of distracted driving.

This “menace” has been getting a great deal of attention in Virginia lately, as earlier this year the state passed a ban on texting while driving and the Virginia General Assembly again considered a ban on hand-held cell phones.

Secretary LaHood stated that “a combination of strong laws, tough enforcement and ongoing public education” similar to what was done with the national seat belt safety campaign would push drivers to think twice before engaging in distracting behavior behind the wheel.

Transportation officials estimate that distracted driving contributed to 5,870 deaths and 515,000 injuries in traffic crashes last year. Officials also noted that passenger vehicle drivers aren’t the only ones guilty of driving while distracted; bus, train and tractor-trailer drivers have all caused accidents because their attention was focused on something other than driving.

Time will tell what solutions Congress and Secretary LaHood find to stem the tide of distracted driving on roads and highways across the United States.

Manslaughter charges for man accused of killing four in Culpeper County head-on collision

athomas@dulaneylauerthomas.com (News Author)11011 — Mon, 26 Oct 2009 08:00:00 EST

This past March a man is accused of killing four motorists when he crashed head-on into their vehicle on a Culpeper County road. The accident happened on March 22, 2009 when Eugene Tyrone Greene, 29, of Spotsylvania County, crashed his 2002 Chevy Tahoe head-on into a 2004 Toyota Corolla carrying five people.

The accident happened east of Stevensburg near Clay Hill Road on the two-lane portion of State Route 3. Greene, a former Culpeper resident, was driving on the wrong side of the road when the accident happened. Four of the occupants of the Corolla were pronounced dead at the scene.

Victims include Tyler Scott Harlow, 20, the Corolla’s driver, Joseph Lee Sahnow, 20, Tianna V. Jones, 19, and James B. Cook, 21. One person from the Corolla survived the accident: Howard John Steiniger, 27, who was sitting in the right rear seat when the crash occurred.

Greene was treated at Mary Washington Hospital for his injuries and released. That night he turned himself in to police and his bond was set for $20,000.

This month a grand jury indicted Greene on four counts of involuntary manslaughter, one felony count of maiming, one felony count of destruction of property during the commission of a felony, reckless driving and operating a vehicle with no insurance.

Zero Motorcycles issues recall for faulty throttles

athomas@dulaneylauerthomas.com (News Author)10903 — Tue, 20 Oct 2009 08:00:00 EST

About 200 Zero X and Zero MX electric off-road motorcycles have been recalled by Zero Motorcycles because of a faulty throttle that might become stuck or disconnected, potentially posing a danger to riders.

The Consumer Product Safety Commission (CPSC) has received three reports of riders who experienced unexpected acceleration while riding a Zero Motorcycle. One rider suffered minor injuries as a result.

According to the CPSC, the throttle on the Zero X and the Zero MX motorcycles can become stuck in the open position or it can become disconnected. Either of these incidents could cause the motorcycle to go into full power when turned on.

The issue was actually discovered by the manufacturer during recent design review and testing procedures. Zero Motorcycles voluntarily made the decision to issue a product recall without pressure from any outside organization.

Owners of the Zero X and Zero MX motorcycles have been notified by mail of the recall. The company will provide replacement parts for free. The replacement part consists of a dashboard that takes 10 to 15 minutes to swap out.

Consumers are advised to stop using the defective motorcycles until the troublesome part has been replaced.

Massive Toyota recall planned after 5 deaths and 17 injuries

athomas@dulaneylauerthomas.com (News Author)10605 — Wed, 30 Sep 2009 08:00:00 EST

Five deaths and 17 injuries in car accidents have prompted The Toyota Motor Corporation to announce its largest planned safety recall ever. The accidents happened when accelerator pedals in Toyota vehicles became trapped under floor mats, causing the vehicles to speed up even as drivers removed their foot from the pedal.

The recall was triggered by a fatal crash in San Diego, CA earlier this month when an off-duty policeman and his family were killed when their vehicle’s accelerator pedal became stuck under the floor mat and the car sped out of control.

According to the Transportation Department, the accelerator pedal problem is caused by factors including “the use of a variety of unsecured mats, the particular configuration of the accelerator pedals in these vehicles, and the unique steps needed to shut off the engines in some of these vehicles with keyless ignitions.”

Warnings have been issued for the following Toyota vehicles: 2007-2010 Camry; 2005-2010 Avalon; 2004-2009 Prius; 2005-2010 Tacoma; 2007-2010 Tundra; 2007-2010 ES 350; and 2006-2010 IS 250 and IS 350.

Owners of these vehicles are advised to remove the floor mats from the driver’s side until more information is available. Toyota is currently investigating the problem, and will issue an official recall when they know more. The recall could affect up to 3.8 million vehicles.

Lynchburg Woman Sentenced in Assisted Living ID Theft Scam

athomas@dulaneylauerthomas.com (News Author)10527 — Mon, 28 Sep 2009 08:00:00 EST

48 year old nurse Karen Jones of Lynchburg was sentenced to 34 months in federal prison for participating in a scheme to steal the identities of nine elderly patients she cared for. Jones worked at two locations: The Oaks Assisted Living Facility and Avante Assisted Living Facility in Lynchburg. She then used the stolen identities to open credit accounts at department stores and to purchase cell phones and cable TV.

The United States Secret Service investigated the case against Jones’ for the actions that occurred from April 2007 to November 2008. Jones pleaded not guilty earlier this year to the charges against her, but recently changed her plea to guilty, confirmed U.S. Attorney Julia Dudley in a statement released following the sentencing hearing.

Assistant United States Attorney Charlene Day prosecuted the case where Jones was charged with three counts of identity theft, two counts of mail fraud, two counts of wire fraud, and one count of forging endorsement on a United States Treasury check. One of her victims was a 99 year old whose stimulus check thumb print matched Jones’ print.

Another victim is the mother of Norman Moon, a U.S. District Court Judge who regularly hears Lynchburg cases. Following her incarceration, Jones will face two years supervised release along with being ordered to pay restitution of $9,132 and $800 in special assessment fees.

Prince William County Carjacking Ends in Five Vehicle Crash

athomas@dulaneylauerthomas.com (News Author)10455 — Wed, 23 Sep 2009 08:00:00 EST

A carjacking that started in Prince William County ended in a five vehicle crash in Prince George’s County. The suspect fled on foot after losing control and crashing into a median. The victim of the carjacking was taken to the hospital with minor injuries.

The incident began just before 9pm in the 13300 block of Gateway Center Drive, where a woman was approached in a store parking lot by a man with a handgun. The man forced the victim into her car before speeding off and getting onto Interstate 495.

The victim’s car, a 2009 Dodge Journey, was spotted by a State Trooper A.L. McInnes as it crossed the Woodrow Wilson Bridge heading into Prince George’s County. Trooper McInnes stated that the car was traveling at unsafe speeds.

The car then exited the interstate and pulled into a fast food parking lot, ending the chase around 9:15pm when it struck five vehicles. The unidentified carjacker fled the scene on foot, and police were not able to find him. All those involved in the crash were treated for minor injuries; some were treated at the scene by medical personnel and released. One of the vehicles involved in the crash was a Virginia State Police vehicle.

Police released a composite photograph of the perpetrator, describing him as a light-skinned black man, 25-30 years old, slim build, and six feet tall.

Driving Under the Influence Kills Mother and Son

athomas@dulaneylauerthomas.com (News Author)10456 — Wed, 23 Sep 2009 08:00:00 EST

A 26-year-old Stafford man, William John Mallory, is being charged for driving under the influence after he rear ended a family car stopped at a red light. Mallory was returning from a Jimmy Buffet concert at Nissan Pavilion at approximately 12:45am when his 2004 Ford Explorer struck a 2007 Saturn Ion, forcing the Ion off the road and into a field where it collided with a boulder killing two of the passengers.

The driver of the Ion, Gloria Delgado, 43, was returning home from a family vacation in Tennessee with her two year old son, 60 year old mother, and 12 year old nephew. Delgado’s mother was properly restrained in the passenger seat, while her son was in a child seat in the back next to her nephew who was also wearing a seat belt.

Delgado was heading Eastbound on 234, at a red light on University Boulevard when the vehicle was rear ended. The collision killed her mother, Rebecca L. Sacra of Alexandria, and her son, Jonathan Wade-Ortiz. Her nephew was hospitalized with non-life-threatening injuries. Delgado was hospitalized with life threatening injuries.

Mallory is being held without bond until his November 6^th court date. The investigation continues and more charges could be filed. Of the three passengers in his Explorer, one experienced minor injuries which were treated at the scene.

Fatal Traffic Crash in Eastern Orange County

athomas@dulaneylauerthomas.com (News Author)10446 — Mon, 21 Sep 2009 08:00:00 EST

After failing to yield the right of way, Julie Loving, a 44 year old Montpelier woman, was struck by another car at the intersection of Route 20 and Zoar Road in Eastern Orange County. Loving was turning from Zoar Road onto Route 20 southbound, driving a 1996 two door Mitsubishi and was struck in the drivers’ side by a 2005 Honda Accord traveling south on Route 20.

Both cars spun out of control and careened into an Orange County school bus heading north on Route 20. The school bus was carrying two students, a five year old boy and a nine year old boy.

The 38 year old bus driver and the five year old passenger were treated at Culpeper Regional Hospital with minor injuries, while the nine year old passenger was released to his parents at the scene of the accident. The 42 year old driver of the Accord and her three teenage passengers were taken to Culpeper Regional Hospital with minor injuries.

Loving was not wearing a seat belt, and died while on route to Mary Washington Hospital. Her 15 year old and five year old daughters were both wearing restraints, and were treated for serious injuries at Mary Washington Hospital. Virginia State Police reported that Route 20 was closed for two hours while fire and rescue worked the scene.

Police officer rescues baby in Prince William car crash

athomas@dulaneylauerthomas.com (News Author)10206 — Mon, 31 Aug 2009 08:00:00 EST

A man who tried to speed away when police clocked him speeding at 40 miles per hour in a 25 mph zone crashed, involving his infant daughter in a crash. The man, Gustavo Diaz-Bautista, crashed into the 8500 block of West Rugby Road while trying to evade police.

A police officer was able to pull Diaz-Bautista from the car. The man was injured in the crash and had to be taken the hospital. The officer noted that there was a baby in the back of the car, and had to pry the passenger door open to rescue her.

The baby, 7-month old Brianna Diaz, was being taken by her father to daycare when the accident happened. According to police, the baby slept through the accident and was not injured. She was riding in a car seat at the time of the crash.

Diaz-Bautista had to have surgery after the accident and is expected to recover. He has been charged with felony eluding and child abuse, and is being held without bond.

His wife, Brianna’s mother, speculated that the man fled from police because he was nervous. According to police he was driving with a revoked operator’s license.

Bristol Virginia man accused of sexually abusing nursing home residents

athomas@dulaneylauerthomas.com (News Author)10212 — Mon, 31 Aug 2009 08:00:00 EST

A Bristol man is being held without bond at the Bristol Virginia Jail on after being indicted by a grand jury on four counts of aggravated sexual battery. The indictment followed an investigation by the Office of the Attorney General of Virginia.

According to the Virginia Board of Nursing, the nursing home abuse incidents took place between July 2003 and May 2008. The man who was arrested, James W. Wright, allegedly groped, fondled and sexually assaulted the victims at two different nursing homes.

Documents from the nursing board reveal that seven patients at the National HealthCare nursing home (NHC) complained of being sexually assaulted by Wright. However, Wright was able to leave his job at NHC and take a new job at the Brookdale Senior Living-Grand Court Bristol nursing home – after passing a background investigation.

Additional document show that a patient at the Grand Court nursing home was then assaulted by Wright. In addition, former employees of NHC claim that the home ignored complaints from residents and staff members about Wright’s abuse of residents.

A spokesperson for the Grand Court claims they fired Wright after suspecting that he abused patients at NHC.

Virginia construction worker killed in front end loader accident

athomas@dulaneylauerthomas.com (News Author)10053 — Fri, 21 Aug 2009 08:00:00 EST

Work at a new housing development in Newport News, Virginia was interrupted this week when a construction worker was killed. The worker, Kirk Giezey, 34, was crushed by a front end loader at the Eastwood Drive development site north of the city.

According to local police, Giezey was riding in the scoop of the front end loader when the accident happened. The loader was being driven by another worker.

Giezey apparently fell out of the scoop and was run over by the vehicle. He was pronounced dead shortly after the accident.

The death of this Virginia construction worker will be investigated by the Occupational Safety and Health Administration (OSHA). It is not known if Giezey’s family will receive any workers’ compensation death benefits as a result of his tragic death.

Virginia DMV reports traffic fatalities dropped, injuries rose in 2008

athomas@dulaneylauerthomas.com (News Author)10031 — Thu, 20 Aug 2009 08:00:00 EST

According to the most recently published Virginia Crash Facts – a document published every year since 1985 by the Virginia Department of Motor Vehicles – the number of traffic fatalities in Virginia has dropped.

In 2008, the most recent year for which data was available, there were 821 traffic accident deaths. This is a decrease of about 20 percent from the previous year. The fatality rate in 2008 was also the lowest it has been since 1966.

While road deaths may have dropped, the number of injuries rose over the previous year’s numbers. In 2008 a total of 69,130 people were injured in traffic crashes, up 45 percent from 2007.

The data compiled by the Virginia DMV also revealed that the most dangerous time of the day is the afternoon commute. The majority of crashes in 2008 occurred between the hours of 3 and 6 p.m. Speed is also still an issue for drivers involved in accidents, with over a thousand drivers traveling over 70 miles per hour just before a crash.

One change that might be expected for coming years is the rise in the number of distracted driving accidents. With more focus on the various forms of distracted driving – cell phone use, text messaging behind the wheel, and more – authorities may begin tracking these kinds of accidents more closely.

Rise in number of women caught driving under the influence of alcohol

athomas@dulaneylauerthomas.com (News Author)10032 — Thu, 20 Aug 2009 08:00:00 EST

The number of women facing DUI charges across the country was up nearly 30 percent from 1997 to 2007. A total of 162,493 women were arrested on DUI charges in 2007 according to FBI statistics. During the same time period, the number of men facing similar charges dropped 7.5 percent.

The president of Mothers Against Drunk Driving has pointed out that about 2,000 intoxicated women a year are involved in fatal auto accidents. U.S. Transportation Secretary Ray LaHood called the increase in female drunk drivers “a disturbing trend”.

The reason for the increase in intoxicated female drivers is unknown, and the federal government offered no theories as to why more women were drunk driving.

These statistics come as the nation prepares for the annual Labor Day weekend DUI crackdown, when law enforcement officers in Maryland, Virginia, and Washington D.C. will be out in force. The annual crackdown, dubbed “Checkpoint Strikeforce”, will place sobriety checkpoints throughout the area from August 21 to Labor Day.

Despite the increase, drunk driving arrests are still dominated by men. In Virginia last year, about 80 percent of those convicted of a DUI were men and the remaining 20 percent were women.

Teens at a greater risk of dying behind the wheel during the summer

athomas@dulaneylauerthomas.com (News Author)9694 — Fri, 31 Jul 2009 08:00:00 EST

AAA Mid-Atlantic reports that the most dangerous time of the year for teen drivers is the summer. This is when teenagers have more free time on their hands and a care-free attitude about driving. They are also in their cars more; AAA estimates that teens driver 44 percent more during the summer than during other times of the year.

Teenage attitudes towards driving safety also factor into increased summer accident rates. Many teens are easily distracted while behind the wheel, and combined with their inexperience a few seconds of distraction can have deadly consequences. In addition, teens don’t always realize that bad things like serious car accidents can happen to them, an attitude that is reflected in their sometimes reckless behavior.

In Virginia last summer, 35 teenagers died from May through August and 50 died during the same period the year before. One big risk factor for teen drivers is alcohol involvement; teens are more likely than other age groups to be involved in an alcohol-related crash.

Parents of teen drivers should take the time to discuss driving risks and behaviors with their children. Parents should also remind teens of Virginia’s novice driver laws. These include curfew restrictions for drivers under the age of 18, restrictions on the number of passengers that a teen driver can have in their car, and cell phone and texting restrictions for teen drivers.

Culpeper resident charged with DUI

athomas@dulaneylauerthomas.com (News Author)9502 — Mon, 20 Jul 2009 08:00:00 EST

A wreck on Homeland Road in Culpeper led to a crash and then a DUI conviction for one local resident. According to Virginia State Police, Culpeper resident Timothy O’Roark sideswiped a Dodge Neon in the early evening his past Friday.

The impact of being hit by O’Roark’s vehicle, a Ford Ranger, caused the driver of the Neon, Miranda Settle, to go over an embankment and land in a cattle watering hole. After the collision O’Roark continued to driver for another quarter-mile without a front tire before stopping at Creek Crossing Road.

According to a witness O’Roark crossed the yellow lane divider line to strike Settle’s Neon, and nearly hit another car as well.

Settle was taken to Fauquier Hospital to be treated for her injuries and was later released. O’Roark was arrested and found to have a blood alcohol level of 0.10; the legal BAC limit in Virginia is 0.08.

Every year over 350 people are killed in Virginia drunk driving accidents and about 7,000 are injured. The average BAC of drunk drivers in Virginia is 0.14 and the majority of convicted offenders are male.

Safety improvements coming to several roads in Culpeper

athomas@dulaneylauerthomas.com (News Author)9439 — Wed, 15 Jul 2009 08:00:00 EST

Culpeper drivers will see several improvements to Business 29, Route 229 and Route 3 completed over the next year or so, improvements that should reduce traffic jams and keep drivers safer.

Bus. 29 is the target of a $3.26 million project that will add details like a new median and will widen Bus. 29 from two lanes to four from Ira Hoffman Lane to a redesigned intersection with Route 666.

The Bus. 29 project is ahead of schedule and is anticipated to be done by next month instead of the original completion date of November 30. Construction was approved because the affected area has grown considerably over the years, and is now home to a number of large retail stores that has drawn traffic from all over the area.

Changes to Route 229 are part of a $3.38 million dollar contract, and consist of three parts: widening of Route 229 north of downtown, widening from Bus. 29 to Fairview Road, and lastly improvements from Fairview Road to the town limits. There are some funding concerns with this project, which is targeted for completion by next June.

One final road improvement project is expected to be done by December. A curved stretch of road on Route 3 near Stevensburg is the target of a number of safety-related changes. This section of Route 3 has seen several fatal accidents over the years, most recently in March when four people died in a crash.

Fatal beltway accident caused by drunk driver with numerous traffic violations

athomas@dulaneylauerthomas.com (News Author)9438 — Wed, 15 Jul 2009 08:00:00 EST

In addition to a BAC twice the legal limit, the driver who caused a fatal Beltway accident on July 7 apparently has a history of driving violations in at least 3 states including Maryland and Virginia.

Two men are dead after being hit by the drunk driver, Kelli R. Loos, 33. Loos slammed into the back of a Nissan pickup truck while headed south on the Beltway towards Virginia. The force of the impact sent the pickup truck over a guardrail and down a steep embankment, where the pickup eventually landed on its roof.

The men, Gradys Mendoza, 39, and Franklin Manzanares, 37, both of Springfield, Virginia were killed. Mendoza, the pickup truck driver, was transported to a local hospital by rescue workers but died before arriving there. Manzanares was a passenger in the pickup and was pronounced dead at the scene of the crash.

After colliding with the pickup truck Loos continued to drive, and was followed by another motorist who reported the crash to police and observed Loos crashing into a highway sign several miles later. A breathalyzer test put her BAC at 0.20, more than twice the legal limit of 0.08.

Loos is currenly being held in Fairfax jail pending extradition to Maryland. Investigation of her driving record revealed numerous charges of driving on a suspended license, at least six speeding and traffic violations in more than one state, and driving without a license.

NHTSA reminds drivers of dangers posed to children in hot cars

athomas@dulaneylauerthomas.com (News Author)9178 — Fri, 26 Jun 2009 08:00:00 EST

It is a horrific tragedy: every year young children die when left alone in hot vehicles during searing summer months. Hyperthermia, also known as heat-stroke, is the leading cause of non-crash vehicle deaths.

Many drivers do not realize how quickly a child can overheat when left in a hot car. Even with the windows rolled down a few inches, temperatures inside a vehicle can reach deadly levels that can kill.

Parents and caregivers are advised to never, ever leave a child alone in a vehicle, even with windows open or the air-conditioner running. Vehicles should also be off-limits to children for games, since kids are also killed when they accidentally lock themselves in a car or the trunk of a car and aren’t found in time.

If you spot a child alone in a hot vehicle, NHTSA has the following tips: first, call the police. If the child appears to be in distress, get them out of the vehicle as quickly as possible. Cool the child rapidly and call 911 or the local emergency number immediately.

Warning signs that a child may be seriously incapacitated by a hot car and need immediate medical help include red, hot, and moist or dry skin, no sweating, a strong rapid pulse or a slow weak pulse, nausea or acting strangely.

Injured man's widow wants to reform Virginia workers comp laws

athomas@dulaneylauerthomas.com (News Author)9177 — Fri, 26 Jun 2009 08:00:00 EST

The widow of a man who died after suffering from an injury sustained at the Owen Trucking parking lot outside Fredericksburg wants to see changes in Virginia’s workers’ compensation laws that denied her benefits.

The man, Arthur Pierce, was found one morning in Septmber 2006 unconscious in a pool of blood next to his truck. Pierce never regained consciousness and was therefore unable to explain what caused his accident. Without witnesses, investigators could only speculate on how he was hurt.

Pierce died after 16 months in a coma, leaving behind his wife Claire. Mrs. Pierce applied for workers’ compensation on behalf of her husband, believing that his injuries and death would be covered. Not so.

Mrs. Pierce was denied compensation by both the trucking company and by the Virginia Workers’ Compensation Commission. The fact that her husband was not able to testify as to the cause of his accident was cited as a reason for the denial in both cases, despite the fact that accident happened at work and while he was clocked in.

What Mrs. Pierce then learned is something fueling her drive to reform the rules: if her husband had died at work when the accident happened, very likely he would have been eligible for insurance benefits. However, because he lived – even though he never came out of a coma and later died – benefits were denied.

Ban on texting while driving in Virginia begins

athomas@dulaneylauerthomas.com (News Author)9176 — Fri, 26 Jun 2009 08:00:00 EST

If you like to send text messages or email while you’re behind the wheel, pay attention: as of Wednesday July 1^st that activity will be illegal in Virginia.

Virginia is about to join thirteen other states and the District of Columbia in banning TWD (“texting while driving”). The new law, along with hundreds of others passed by the Virginia General Assembly months ago, takes effect in a few days.

However, you will have to be pulled over for another reason before you can be cited for texting behind the wheel. That’s because lawmakers have classified TWD as a secondary offense, making it impossible for police officers to pull you over just for sending a text or email.

If caught, offenders can receive a $20 fine or $50 for a second offense. Texting while driving has been a big issue for lawmakers, as various studies have classified this form of distracted driving as being as dangerous as drunk driving.

It has taken several years for the ban to be enacted by the General Assembly, although it was already illegal for teen drivers to text behind the wheel. Officials hope the number of car accidents caused by distracted drivers will be reduced when word spreads about the new law.

Uninsured motorists on the rise due to economic conditions

athomas@dulaneylauerthomas.com (News Author)9134 — Wed, 24 Jun 2009 08:00:00 EST

In an effort to save money some Virginia drivers are dropping their car insurance completely, leaving themselves uninsured and vulnerable. According to AAA, as road travel picks up over the summer holidays many drivers who thought they were saving money will find themselves paying dearly for a bad budget decision.

While drivers will find that jettisoning their auto insurance will save them in the short-term, what they don’t fully realize is that if they get into an accident they face potentially large expenses. In addition to what they might be liable for in an accident, they have to pay a $500 Virginia uninsured motorist fine. In addition, having a new accident on their driving record will make it more difficult to get affordable insurance.

Worst case, an uninsured driver who causes a serious auto accident – one with major injuries and massive property damage – can be sued in a court of law. These uninsured drivers face losing everything – their home, their savings – ending up far worse off than if they’d just kept their car insurance current.

Experts suggest that individuals struggling to make ends meet talk to their insurance company about raising their deductible, good driver discounts, or adjusting insurance on an older vehicle that requires less coverage. In addition drivers can shop around, but they should keep in mind that a cheap policy may not be a good one.

Theft of prescription drugs from nursing home residents on the rise

athomas@dulaneylauerthomas.com (News Author)9133 — Wed, 24 Jun 2009 08:00:00 EST

In recent months several states have seen cases where nursing home employees steal prescription drugs from the elderly residents they care for. Typically drugs with a high street value like narcotic painkillers are stolen and then sold later for cash.

The thefts often go unnoticed by elderly residents, some because they don’t have the ability to notice or communicate that their painkillers are gone and others because they were slipped a placebo.

Drugs that are popular with sticky-fingered nursing home or long term care facility employees include Lortab, Lorcet, Vicodin, Norco, Hydrocodone, Oxycodone, and OxyContin.

If residents don’t notice that their medication is missing, it can be very difficult to catch the thief. In one case in Georgia, a nursing home nurse who had been stealing hydrocodone was only caught after selling the stolen pills to an undercover police employee.

Family members concerned about their loved ones’ powerful pain medications going missing should remain vigilant and become as involved as possible in the daily care and medication routines at the nursing home. A caring, involved family is a big deterrent to neglect, abuse, and theft in a home or long term care facility.

Importance of safe driving stressed to Fairfax County teens

athomas@dulaneylauerthomas.com (News Author)8780 — Thu, 28 May 2009 08:00:00 EST

A crash occurs in Fairfax County every 16 minutes, and the majority of these crashes are caused by distracted drivers. In addition, there are around 1,000 fatal car accidents across Virginia each year. Fairfax county teens are taking notice of theses statistics and are trying to do something to help reduce the numbers.

The members of a group called Youth Against Dangerous Activities and Peer Pressure (YADAPP) held a “Crash Course” highlighting the dangers and distractions faced by teen drivers in the Fairfax County area.

The talk was given in Reston and included guest speaker Officer Katy Fernbacher, a Reston crime prevention officer from the Fairfax County Police office. Officer Fernbacher stressed the dangers facing teens like alcohol, loud music, and cell phone use. She encouraged teen drivers to slow down and pay attention when they are behind the wheel.

The event attracted many teens, some of whom were not old enough to drive. Event organizers hoped that accidents can be prevented by educating teens before they get their license. The event also stressed the importance of seat-belt use. About 58 percent of teens killed in car accidents were not wearing their seatbelts; many of their lives could have been saved if they had chosen to buckle up.

Bus driver charged in major I-66 holiday weekend crash

athomas@dulaneylauerthomas.com (News Author)8779 — Thu, 28 May 2009 08:00:00 EST

A charter bus driver has been charged for his role in a chain-reaction crash that shut down westbound Interstate 66 during the Friday holiday weekend late afternoon travel time. Thirty seven people were injured as a result of the crash and I-66 remained closed for about three and a half hours creating a 12 mile backup.

The charter bus was one of three returning to Harrisonburg VA with elementary school students and staff after a trip to the Smithsonian. The accident happened when the driver of the last of the buses failed to use his brakes in time and crashed into the back of one of the other buses.

The initial impact caused a chain reaction. The second bus then hit an SUV, and the SUV hit the lead bus. The SUV driver and passenger were not injured in the accident, but 37 students and staff members had to be treated at Inova Fairfax and Inova Fair Oaks hospitals for minor injuries.

Virginia State Police charged the driver who initiated the chain-reaction crash, Clinton E. Shilling of Staunton, with following too closely. The driver claims he was momentarily distracted by a roadside incident.

Workers' comp case muddied by injured worker's drug use

athomas@dulaneylauerthomas.com (News Author)8589 — Thu, 14 May 2009 08:00:00 EST

A Virginia coal company employee injured on the job tried to file for workers’ compensation after a workplace accident but was blocked by his employer. Why? Because the employee had been taking methadone at the time he was injured.

The employee claimed he was only taking methadone under a doctor’s supervision and use of the drug had nothing to do with his accident. His employer claimed that they did not have to pay for workers’ compensation because the man was taking a “nonprescribed controlled substance”.

During a hearing about the matter the man confessed that he was taking the methadone illegally. It turns out he had lied to his doctor by telling him that he was addicted to several drugs to get the doctor to prescribe methadone. The man planned to use the methadone for pain relief.

The deputy commissioner in the case determined that even though the man was taking methadone illegally, it had nothing to do with what caused his workplace accident. This means that the man’s claim could not be invalidated, and the full commission upheld the award of benefits.

The employer appealed the decision but did not win. Essentially the commission ruled that an employer must prove that an employee’s drug use contributed to his accident. Simply being under the influence of a controlled substance is alone not grounds to deny workers’ comp benefits in Virginia.

VDOT's safety study of Route 3 is done

athomas@dulaneylauerthomas.com (News Author)8566 — Wed, 13 May 2009 08:00:00 EST

The results of a recently completed safety assessment of Route 3 will be announced next week. The study, conducted by the Virginia Department of Transportation, was conducted so VDOT could determine what safety improvements could be made to Rt. 3 west of Stevensburg.

Three motor vehicle crashes in the last two years have claimed a total of 6 lives on Route 3. The most recent was this past March, when four people were killed when struck head-on by an SUV. The driver of the SUV was believed to be intoxicated and was driving on the wrong side of the road when he hit a sedan and killed the four individuals.

VDOT has already listed a few safety measures that may be implemented in an attempt to make Route 3 safer. These include flashing lights, a center-line rumble strip, and better warning signage.

However, officials have indicated that while they can make road improvements the greatest danger on Route 3 is from distracted or unsafe drivers.

The results will be shared in a public meeting at VDOT’s Culpeper District Headquarters on Tuesday May 19^th at 7pm. The Headquarters are located at 1601 Orange Road.

Virginia gubernatorial candidate in weekend car accident

athomas@dulaneylauerthomas.com (News Author)8565 — Wed, 13 May 2009 08:00:00 EST

Democratic gubernatorial candidate Creigh “Cree” Deeds rear-ended another car this past weekend on his way back from a rally. The Democratic Virginia senator was driving home from a campaign event in Fredericksburg when the auto accident happened.

Deeds was driving his 2002 Ford Explorer when he hit the other car on State Route 22 between Louisa and Mineral. Both Deeds and the two occupants of the other car were taken to a Charlottesville hospital to be treated. All were released without issue. Deeds’ vehicle was left in Louisa to repair the minor damage.

As a result of the vehicle accident, Louisa County Sheriff’s Department cited Deeds for following too closely. He received a $30 ticket.

Deeds normally uses a driver to travel to and from campaign events, but he did not have a driver last weekend as he was driving home himself to celebrate Mother’s Day with his family. He called the occupants of the vehicle he hit the next day to make sure they were okay.

Lack of nursing home contract oversight can cause confusion

athomas@dulaneylauerthomas.com (News Author)8365 — Wed, 29 Apr 2009 08:00:00 EST

Sometimes a nursing home is a must for some families who are unable to provide the level of care required by their aging loved one. However, finding the right home and making sense of all the paperwork that has to be signed can be very confusing.

Compounding the confusion is the fact that there are no state or federal regulations to govern billing practices in some private nursing home facilities. This means that there are no limitations on what a private nursing home can charge for care.

In some cases family members have been shocked to be billed for weeks or days of care after their loved one died, all justified by the nursing home as per the contract.

When searching for the right nursing home experts advise families to have an attorney review the nursing home contract before you sign it. While the fee for such a review may seem pricey, it could save you a great deal of money and heartache in the end.

Northern Virginia test drive ends in serious accident

athomas@dulaneylauerthomas.com (News Author)8364 — Wed, 29 Apr 2009 08:00:00 EST

Two men had to be airlifted to Fairfax Inova Hospital after a serious car accident in Front Royal. The men, Ronald Foreman, 23 and his unidentified companion, were test driving a 2003 Mazda 6 from Front Royal Auto Center when the accident happened.

It is not known if Foreman, a Stephens City resident, or the other occupant was driving the car at the time of the crash. The accident happened in the early afternoon on Tuesday at the point where Andrews Road merges with Bucks Mill Road.

Whoever was driving the car went straight through the turn, hit an embankment, and then crashed head-on into a tree. One man was on the ground outside of the vehicle when fire and rescue arrived. It is not known if the man was thrown from the car or if he crawled out.

According to Virginia State Police both men hit the windshield in the crash, and neither was wearing a seatbelt. As a result of the accident, one man suffered leg injuries and the other suffered head injuries. No further information about their condition is known.

Virginia lawmakers target distracted drivers

athomas@dulaneylauerthomas.com (News Author)8343 — Tue, 28 Apr 2009 08:00:00 EST

In an effort to combat the dangerous effects of distracted driving, Virginia officials have named April 29 Virginia Distracted Driver Awareness Day. Distracted driving is a major issue for Virginia law enforcement officials and indeed across the country. Studies estimate that distracted drivers account for up to 80 percent of all motor vehicle accidents.

It does not take long for accidents to happen – a quick glance away from the road to fiddle with radio buttons can be enough to lead to a tragic accident. And if you think that hands free devices are making you a safer driver – think again. Researchers have discovered that it isn’t the way that a conversation takes place, it is the conversation itself that is the problem. So those bumper stickers are right – when you get behind the wheel, it is time to hang up and drive.

Various organizations like AAA Mid-Atlantic, DRIVE SMART Virginia, DMV, The Virginia Highway Safety Office, and the Virginia State Police have come together in an effort to spread the word that driving while distracted can be deadly.

Governor Tim Kaine declared April 29 Virginia Distracted Driver Awareness Day, and highlighted his commitment to cracking down on distracting activities by signing a bill into law that will ban text messaging while driving. The bill will take effect on July 1.

Woman killed in Fairfax County crash on Interstate 495

athomas@dulaneylauerthomas.com (News Author)8148 — Tue, 14 Apr 2009 08:00:00 EST

A woman was killed on Interstate 495 Sunday in an unusual highway accident. The 22 year old woman, Ann Unmongkol-Thavong of Lorton, overturned her can near the Telegraph Road exit around 4:30am.

Witnesses said that she escaped the overturned Honda Accord by crawling out of the vehicle. She then sat in a traffic lane. She was struck by a 55 year old man driving a Nissan Versa a minute later.

The driver, from Charlotte North Carolina, was taken to Fairfax INOVA Hospital with non-life threatening injuries. Unmongkol-Thavong died at the scene of the accident.

Police are investigating both crashes and no charges have yet been filed.

One killed, five injured in fatal Beltway car accident

athomas@dulaneylauerthomas.com (News Author)8083 — Tue, 07 Apr 2009 08:00:00 EST

An early Monday morning accident resulted in the death of one person and injury to five others. The driver of a sport-utility vehicle crashed into the center divider on the Capital Beltway around 3am. The collision killed a 19 year old Alexandria woman, and the driver and four other vehicle occupants were seriously injured.

The crash happened while the SUV driver was traveling on the inner loop near Rt. 1 in Prince George’s county. The driver lost control of the SUV and collided with the center median, flipping the SUV. When the SUV landed on its roof, two of the six people inside were ejected. The 19 year old woman died at the scene, and the remaining vehicle occupants were taken to the hospital with serious injuries.

As a result of the crash authorities shut down all lanes of the Beltway inner loop. It remained closed for four hours. That, plus the closure of I-95 South where it merges with the beltway caused major early morning traffic jams.

Alcohol is suspected to have been a factor in the crash, and it is unknown if the individuals thrown from the SUV were wearing seatbelts. The victims have not yet been identified by police as their families had yet to be notified, but according to police all had Virginia addresses.

Culpeper man sentenced after alcohol-related crash injures police officer

athomas@dulaneylauerthomas.com (News Author)7963 — Tue, 31 Mar 2009 08:00:00 EST

A Culpeper man who pleaded guilty in December of maiming a police officer as a result of driving while intoxicated and felony hit and run was sentenced this week. The accident, which happened on March 15, 2008, seriously injured an off-duty police officer.

The driver, Santos Obidio Arita Najera, 31, injured the officer when he crossed solid double yellow lines and crashed into him. Arita Najera was driving a 2004 Toyota Tacoma truck when he hit the officer, Prince William Police Lt. Phillip E. Harrover Jr., who was riding a 2006 Kawasaki motorcycle. The collision caused Harrover to be thrown from his motorcycle into a 2003 Jeep Wrangler.

Arita Najera tried to flee the scene of the accident but was stopped by other drivers on the road. The man, a Honduran national, was in the U.S. illegally. A judge sentenced him to 10 years in prison with five and half years suspended. The sentence was more than Virginia's voluntary sentencing guidelines called for.

Culpeper car crash claims four lives

athomas@dulaneylauerthomas.com (News Author)7888 — Wed, 25 Mar 2009 08:00:00 EST

Route 3 near Stevensburg in Culpeper County, Virginia was the site of a deadly accident early Sunday morning. According to a Virginia State Police spokesman, an SUV driver headed the wrong way on Rt. 3 when it collided head on with a sedan. As a result of the crash the highway had to be closed for six hours while police investigated and cleaned up the scene.

The SUV driver, Eugene T. Green, 29, of Culpeper, was taken to Mary Washington Hospital to be treated. He was not wearing a seat belt when the accident occurred, and his condition is unknown.

The victims of the collision were identified as Tyler Scott Harlow, 20, of Ruckersville; Joseph Lee Shanow, 20, of Ruckersville; Tianna V. Jones, 19, of Stanardsville; and James B. Cook, 21, of Marshall, Vt. All four victims died at the scene of the accident, about a tenth of a mile east of Rt. 739.

Two of the victims were wearing seat belts when the accident happened, and two were not. There was a fifth person in the sedan, Howard John Steiniger, 27, of Fredericksburg. He was taken to Mary Washington Hospital and later transferred to a Richmond area hospital. His condition is unknown.

Culpeper police warn of drunk driving dangers

athomas@dulaneylauerthomas.com (News Author)7796 — Thu, 19 Mar 2009 08:00:00 EST

St. Patrick’s Day is a good time for Culpeper police to remind residents about the dangers of driving under the influence of alcohol. This year, police had extra officers patrolling for drunk drivers while they also stressed the importance of having a designated driver.

According to the National Highway Traffic Safety Administration (NHTSA), statistics show that 851 people have died in crashes the last five years during the St. Patrick’s Day holiday. About 327 were killed by drivers with an alcohol level .08 or higher.

Police remind residents that it is always risky to drive while intoxicated or to accept a ride from somebody who is intoxicated. Nationwide, more than 41,000 people died in accidents each year and nearly 13,000 of them died due to someone who was legally drunk.

Serious car accident on Dulles Greenway

athomas@dulaneylauerthomas.com (News Author)7795 — Thu, 19 Mar 2009 08:00:00 EST

An early morning accident on the Dulles Greenway last week caused serious traffic backups near the Waxpool Road overpass. A Leesburg man, Daniel F. Wiener, 63, caused the accident when the vehicle he was driving crashed and overturned into the eastbound lanes of the roadway. Wiener suffered a medical emergency which led to the accident.

The victim was transported to INOVA Fairfax Hospital via a Medevac helicopter. At the time, Wiener's injuries did not seem life-threatening although he did have to be hospitalized. There were no other passengers in the car, a 2005 Honda Pilot, at the time of the crash.

Traffic was tied up when the eastbound lanes of the Greenway were closed for nearly two hours. No charges were filed as a result of the accident.

Proposed Senate Bill Aims to Protect Elderly from Abuse

athomas@dulaneylauerthomas.com (News Author)7613 — Wed, 04 Mar 2009 08:00:00 EST

As the Chairman of the Senate Special Committee on Aging, Senator Herb Kohl (D., Wis.) has introduced legislation aimed at protecting nursing home and long-term care facility residents from abuse by known offenders.

The legislation would require the creation of a national database to share information about the criminal records of potential employees across states. Right now, there is no centralized system for nursing homes or other facilities to use to confirm that potential employees have a clean criminal record.

Sen. Kohl is hoping to avoid the fate of nursing home residents who have been raped or harmed by caregivers with a criminal record. A seven-state trial program revealed 7,000 applicants for elder care positions who had a violent criminal record or a substantiated history of abuse.

The Congressional Budget Office estimates that the cost of the plan will be $100 million over three years.

Driving while texting soon to be illegal in Virginia

athomas@dulaneylauerthomas.com (News Author)7553 — Fri, 27 Feb 2009 08:00:00 EST

The Virginia House and Senate have both passed House Bill 1876 which would make it illegal for drivers to send or read text messages while driving. All that remains for the bill to become law is for Governor Tim Kaine to sign it.

Lawmakers responded to popular pressure to pass a law against the use of handheld devices by Virginia drivers. A bill that would have banned cell phone use did not pass, but the text message bill survived.

The bill is supported by research shows that drivers using a cell phone are just as impaired as intoxicated drivers. With the number of accidents caused by distracted drivers on the rise across the country, many states are taking action and trying to make the use of handheld devices illegal.

While the bill bans texting while driving, it does provide an exception for the use of global positioning systems (GPS), reading caller identification information, and using a wireless telecommunications device to report an emergency.

Culpeper resident succumbs to injuries sustained in car accident

athomas@dulaneylauerthomas.com (News Author)7552 — Fri, 27 Feb 2009 08:00:00 EST

A man who stepped out in front of a vehicle succumbed to his injuries at the University of Virginia Medical Center after 7 weeks in a coma. Culpeper resident Roger “Lee” Hitt, 75, stepped in front of a 1992 Ford Explorer on the afternoon of January 5, 2009.

The driver of the Ford Explorer was traveling at about 25 miles per hour and did not have time to stop. No charges were filed against the driver because the fault of the accident was the pedestrian’s actions.

Sadly, Hitt suffered serious head injuries when he was hit by the vehicle on North Main Street, north of Mountain Run Bridge. A long time Culpeper resident, he will be missed by town residents.

Virginia DOT to cut rest area parking to save transportation dollars

athomas@dulaneylauerthomas.com (News Author)7519 — Thu, 26 Feb 2009 08:00:00 EST

Virginia’s transportation budget shortfall has claimed another victim: rest area parking spaces. In order to save an estimated $12 million per year in maintenance costs, the state plans to close 54% of the available parking spots in rest areas across the state. This would reduce the number of available parking spaces from a current 770 down to 358.

The move is controversial for truck drivers and safety advocates who fear that reducing the number of places for truck drivers to stop and rest while traveling Virginia’s highways will result in more tractor trailer accidents. Especially problematic is the claim that most of the major truck stops in Virginia are already overflowing after dark, leaving truck drivers with few places to stop and rest.

Public meetings are planned in March, when residents will have a chance to speak up about the proposed cut. The Commonwealth Transportation Board will vote on the proposal in June.

Virginia teen accused of drunk driving appeared before judge

athomas@dulaneylauerthomas.com (News Author)7433 — Wed, 18 Feb 2009 08:00:00 EST

A seventeen-year-old boy accused of driving drunk three months ago in an incident that resulted in the death of two women has faced a judge. A passenger in the teen’s car, a 1997 Mitsubishi Eclipse, and the driver of the other vehicle both survived the crash.

Kyle Woisard, a student at Chantilly High School, was charged with aggravated DWI manslaughter after driving the wrong way down I-66 near the Washington Boulevard overpass in Arlington and crashing headfirst into a 2003 Toyota Corolla. Woisard appeared at the courthouse on crutches, suffering from injuries as a result of the deadly accident.

His blood was tested for alcohol and drugs and he will be back in court soon as prosecutors argue that he should be tried as an adult. Additional details about his case are still confidential.

Virginia Seeks Shovel Ready Road Projects in Anticipation of Stimulus Approval

athomas@dulaneylauerthomas.com (News Author)7285 — Thu, 05 Feb 2009 08:00:00 EST

In 2007, the Northern Virginia Transportation Authority compiled a list of ready-to-go projects in 2007. While the list has been more or less gathering dust since it was put together, it may actually come in handy if the stimulus package circulating in Washington DC gets approved.

If the stimulus package is approved, Virginia stands to receive as much as $800 million in transportation funding. The money would be used to fill part of the void left in this year’s transportation budget. The budget shortfall is a major issue for Virginia, where many roads need improvement to reduce the number of auto accidents and crashes.

A provision of the bill requires that the funds be allocated towards transportation projects quickly or else the money will be lost. Because of this, state lawmakers are working hard to compile a list of “shovel-ready” road projects. Shovel ready projects are those that can be started as soon as funding is received.

Although $800 million sounds like a lot of money to most people, it won’t go far in Virginia. Tiny Arlington County has about $500 million in needed road projects, $100 million of which are ready to go now. And considering the enormous burden of commuter traffic in Northern Virginia alone, it is going to be a challenge for lawmakers to find a way to fairly distribute funds throughout the state.