Attorney Blog

Workers' Compensation Insurance Rates may go down in Virginia

blog@www.dulaneylauerthomas.com (news Author)17291 — Tue, 31 Aug 2010 08:00:00 EST

Virginia workers’ compensation premiums – the money that employers in Virginia pay to provide workers’ comp insurance for their employees – may be going down next year. Why? Virginia has steadily seen a decrease in the amount of money spent on workers’ comp claims across the Commonwealth.

What is driving this reduction? Experts believe that the amount spent on workers’ comp claims in Virginia is down because of better “claims efficiency”. A hearing will be held on October 26 by Virginia’s State Corporation Commission to decide the matter.

The only Virginia industry not seeing declines in workers’ comp payouts is mining. Virginia has 114 coal mines which employ approximately 4,800 workers. New federal health care regulations include benefits for workers who suffer from black-lung disease, and this will keep costs up.

The prospect of workers’ comp premiums going down is obviously good news for business owners, but in a way it is good for workers’ too. When premiums are reasonable, businesses are less likely to engage in workers’ comp premium fraud by misclassifying workers or failing to provide insurance at all.

In Virginia, most employers are required to carry workers’ comp insurance. Liberty Mutual Insurance is the biggest workers’ comp insurer in the Commonwealth, followed by American International Group (AIG), Hartford Insurance Group, and Travelers Group.

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

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

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

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

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

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

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

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

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

Culpeper drivers: "Safety and Patience" needed now that school is back

blog@www.dulaneylauerthomas.com (news Author)17289 — Sun, 29 Aug 2010 08:00:00 EST

As August winds to an end, students in Culpeper County are headed back to school. Our police and sheriff’s deputies want all Virginia motorists to remember the laws surrounding school buses, school speed limits, and pedestrian crossings – because they’ll be enforcing them.

What do you need to remember as a Culpeper driver now that school is back in session?

The speed limit around some schools drops to 15 miles per hour when students are arriving at or leaving the school. Look for signs and even in some cases flashing lights to alert you that the 15 mph speed limit is in effect.
When a bus stops to pick up or drop off school children, motorists behind the bus and those approaching from the opposite direction must stop and wait.
If a bus stops and flashes its red lights, motorists on all lanes of a four-lane undivided highway must stop (yes, even if you are 3 lanes away from that bus, you have to stop and wait). However, if the highway is divided, only the vehicles traveling in the same direction of the bus must stop.
If you fail to stop for a bus that is loading or unloading children, you could face a reckless driving charge.
If a pedestrian is attempting to enter a crosswalk, you MUST stop – even if you think you can drive through the crosswalk before the pedestrian gets to your side. It’s the law.

Keep our school kids safe and don’t give police a reason to write you an expensive ticket. Remember these laws now that school is back in session.

A new alternative to nursing homes for Virginia's elderly?

blog@www.dulaneylauerthomas.com (news Author)17286 — Thu, 26 Aug 2010 08:00:00 EST

Few people, if any, look forward to growing old and having to move out of the home they know and love into a nursing home or assisted living facility. It can be a disturbing and emotional change, and the further away that elders are from their friends and family the greater the potential for abuse.

Enter a new idea that is catching on: back-yard “pod” cottages for elder family members. This “pod” – commercial name MEDCottage – is like a small mobile home that can be rented and parked in a family’s back yard, hooked up to water and electrical service, and used for elderly parents or other relatives who want to preserve some independence but can’t stay in their own homes any more.

The units rent for about $2,000 a month and have proven especially popular in Virginia. The units are made to look like attractive little bungalows, and contain all the necessities of life including a kitchen, bathroom, health monitoring equipment, a lift, and security cameras.

The buildings are one-story, making them easier to move and cutting down on stairway falls. Falls – and the injuries that result from them – are one of the main reasons that elders end up in nursing homes. The idea may not appeal to everyone, and not everyone will have room for a backyard “pod”, but the opportunity to live close to family may prove to be a great new option for Virginia elders.

Arrest for Culpeper County man suspected of drunk driving

blog@www.dulaneylauerthomas.com (news Author)17287 — Thu, 26 Aug 2010 08:00:00 EST

A man who collided with a retaining wall outside of the Culpeper Christian School is facing charges of driving while intoxicated. The man, Simuel A. Washington Jr., 23, was driving his Kia sedan on Old Rixeyville Road when the accident happened.

Washington, a Culpeper County resident from Korea Road, crashed into the wall after 10pm. No other vehicles were involved in the crash. It is likely that Washington lost control of the vehicle before it crashed.

Washington was charged with driving under the influence and was also issued a summons for reckless driving and failure to maintain proper control. He was not injured in the crash, nor was his female passenger.

This week students at Culpeper Christian School (CCS) returned to school, so let’s hope when they see the damaged retaining wall it serves as a lesson to all those future drivers about the importance of safe driving.

Single-vehicle accidents like this one usually happen when the driver loses control of the vehicle, either because they are distracted, intoxicated or they fall asleep. Most of the time the only person to suffer injuries or property damage is the driver of the vehicle, however sometimes other vehicles or pedestrians are involved.

Any Virginia driver whose negligence leads to a car crash involving injuries or property damage can be held accountable for their actions by other road users or by the other passengers in their car.

Elderly Virginians are the target of financial scammers

blog@www.dulaneylauerthomas.com (news Author)16656 — Sat, 31 Jul 2010 08:00:00 EST

Elderly citizens could be losing at least $2.6 billion per year to scammers who prey on the elderly, according to some conservative estimates. Who are these scammers? They are friends, family members, and sometimes total strangers.

Scamming is getting so bad that the head of adult services for Virginia’s Department of Social Services believes that scamming is going on more and more – and it happens every day.

In some cases, scammers are family members looking to take advantage of an elderly family member. They may use emotional appeals to get the elder to hand over money, or they may use more subtle forms of fraud to insert themselves into the elder’s financial world.

Strangers typically scam elders by spending time canvassing suburban neighborhoods. They prey on elderly residents who may have trouble doing their own home maintenance or gardening. These scammers promise to do work for the elder, then they make off with the payment without finishing the promised tasks.

You can protect your elderly relatives by keeping track of what is going on with their financial accounts. If you notice anything irregular – checks written to people you don’t know, unusual ATM or credit card activity – you can investigate further to find out if fraud is afoot.

Unfortunately, as scammers become more bold and elderly Virginians are too ashamed of being conned to speak up, these types of crimes will only become more common.

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

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

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

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

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

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

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

Fauquier County reckless driving wreck lands four in hospital

blog@www.dulaneylauerthomas.com (news Author)16632 — Thu, 29 Jul 2010 08:00:00 EST

A crash in Fauquier County that led to two adults and two children being taken to the hospital may have been caused by reckless driving.

The accident happened on U.S. 29 just south of Route 651 near the Culpeper County line. According to the Virginia State police, the driver of an SUV lost control of her vehicle as she was headed south on 29. As a result her SUV struck a guardrail, crossed the median, and headed north on 29, striking a Ford Ranger pickup truck.

The driver, Jennifer Pullen, 25, was taken to the hospital along with a 6 year old and a 3 year old who were traveling in her vehicle. The children were properly restrained in age-appropriate booster seats. Pullen, however, was not wearing a seat belt; her injuries and those of the children were described as not life threatening.

The pickup truck driver, Culpeper resident David Manciniak, 34, was also taken to the hospital with non-life threatening injuries. Unlike Pullen, Manciniak was wearing his seat belt.

A Fauquier police trooper cited Pullen for reckless driving. After a brief lane closure on 29, the accident is under investigation; it is unknown if additional charges will be filed against Pullen.

Uninsured motorist fails to heed traffic signal, causes Culpeper wreck

blog@www.dulaneylauerthomas.com (news Author)16633 — Thu, 29 Jul 2010 08:00:00 EST

A crash at the intersection of Madison Road and Sunset Lane in the early evening on Tuesday resulted in four people being taken to the local hospital to be treated for accident-related injuries.

The accident happened when, according to Culpeper police, a Honda Accord being driven by Culpeper resident Michael Thompson Jr., 20, crashed into a Pontiac sedan. At the time of the crash the Pontiac was headed north on Madison Road and the Accord was attempting to turn south onto Sunset Lane.

Because of the crash the Pontiac driver had to be taken to the hospital, which was fortunately very close to the scene of the accident. Three occupants of Thompson’s Accord were also taken to the hospital.

An investigation of the incident revealed that Thompson had failed to heed the turn signal. As a result police charged him with failure to obey a traffic signal and failure to maintain insurance.

No word on the severity of the injuries sustained by Thompson’s passengers or by the Pontiac driver.

Uninsured motorists are a challenge on Virginia roads, because if they cause a wreck the other driver is left without insurance – unless they have adequate uninsured or underinsured motorist coverage on their own auto insurance policy.

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

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

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

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

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

The court did not agree with this reasoning. Why?

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

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

Student faces new charge in highway worker DUI hit-and-run

blog@www.dulaneylauerthomas.com (news Author)16612 — Wed, 28 Jul 2010 08:00:00 EST

A driver originally charged with driving under the influence and hit-and-run after hitting a construction worker in Albemarle County. The driver, Vitalija Vasciunaite, now faces a charge of maiming a person while driving while intoxicated.

The accident happened in the early morning near mile marker 103 on I-64. A construction worker, Jose Porfirio Martinez, was doing bridge repair work when he was hit by a 1999 Buick sedan. The driver of the Buick, Vasciunaite, fled the scene of the accident.

Martinez had to be taken to the University of Virginia Medical Center. His injuries were life-threatening; in court the commonwealth’s attorney later stated that Martinez’ injuries included a broken leg and arm. He is expected to be released from the hospital soon.

Vasciunaite, a college student and a native of Lithuania, was found to have a blood alcohol content over the legal limit in Virginia of 0.08. She told police that she was returning home from a party in Harrisonburg when she hit the driver. The judge in her case has ordered a $15,000 bond.

Work-zone safety has become a focus in Virginia, where eight workers were killed in highway work zones between 2004 and 2008. In this case, Martinez was hit less than a mile from a VDOT workers memorial.

Will the I-66 speed limit be raised?

blog@www.dulaneylauerthomas.com (news Author)16559 — Tue, 27 Jul 2010 08:00:00 EST

If you regularly drive on I-66 between U.S. 29 in Gainesville and the Va. 234 bypass (Prince William Parkway) you might be interested to know that the speed limit could be going up in that area.

How is a decision like this made? The Virginia Department of Transportation (VDOT) will study this four-mile stretch of road to determine if a speed limit increase is warranted. To make this decision they’ll look at lane widths, crash history, traffic flow, and current speed limit enforcement in the area.

I-66 is not unique in getting this kind of attention from VDOT. There are other areas in Virginia being studied for a possible speed-limit increase. That’s because earlier this year the Virginia General Assembly passed legislation permitting state transportation officials to raise speed limits in Virginia, a new law that took effect July 8.

What other areas are targets for a speed limit increase?

I-95 between Route 234 and Dale Boulevard – future study that would raise the speed limit to 70mpt in the main lanes, and also increase the speed limit in the HOV lanes between Dumfries and the Pentagon.
I-285 between Petersburg and I-64 – speed limit already increased

Could speed limits be going up across the commonwealth? That’s too soon to say as there isn’t enough data yet to show if the increased cost is worth it. However, Virginia transportation officials are very interested in speed limit increases, so stay tuned for more.

Prince William County police cruiser involved in serious wreck

blog@www.dulaneylauerthomas.com (news Author)15885 — Wed, 30 Jun 2010 08:00:00 EST

An early evening wreck yesterday involved a Prince William County police officer who was headed out in response to an emergency call. The officer, whose name has not been released, was traveling north on U.S. Route 1 when another vehicle made a left turn right in front of him.

The crash happened at the intersection of US 1 and Rosedale Court, where there is no traffic signal. At the time of the crash the officer was using his lights and siren, which should have alerted the other driver that he needed to stay out of the way. Despite trying to maneuver around the other motorist, the police officer collided with the other car.

As a result of the crash the police officer was taken to a local hospital, but according to a police spokesperson his injuries were not life-threatening. The driver of the other vehicle involved in the wreck had to be flown to Washington Hospital Center, however his or her injuries were also not expected to be life-threatening.

The incident caused major delays on US 1 when it was closed so that emergency responders could aid the victims and accident investigators could review the scene. So far no charges have been filed.

Three taken to hospital after two serious vehicle wrecks in Culpeper

blog@www.dulaneylauerthomas.com (news Author)15846 — Tue, 29 Jun 2010 08:00:00 EST

Two serious auto accidents led to three individuals being sent to area hospitals to be treated for their injuries. The first serious wreck was on Friday night when a 2005 Hyundai Elantra collided with a 2006 Toyota Tacoma.

According to the Culpeper County Sheriff’s Office, the Hyundai driver, Julia L. Frymer, was headed east on Rocky Knoll Arch in the direction of Burgandine Avenue. The Toyota driver, a woman whose name has not been released, was headed north on Ira Hoffman Lane when the accident happened.

The Toyota struck the Hyundai on the passenger side, and the Hyundai driver was charged with failure to yield the right of way. Both women were transported to local hospitals to be treated.

The second serious car wreck happened on Sunday evening. A man accused of driving drunk was headed north on Auburn Road when he veered off the side of the road to the right and slammed into a tree. Culpeper police charged the man, Jorge Arturo Gonzalez Erazo, with driving under the influence (DUI), failure to maintain control, and driving on bald tires.

Erazo was taken to the emergency room at Culpeper Regional Hospital and treated for his injuries, then released. Fortunately nobody else was injured when Erazo crashed.

Hit and run car accident injures Culpeper man

blog@www.dulaneylauerthomas.com (news Author)15847 — Tue, 29 Jun 2010 08:00:00 EST

An early morning collision has left a Culpeper man with minor injuries. The man, whose name has not been released, was stopped on Dutch Hollow Road around a quarter mile north of Hawkins lane. He was helping with another vehicle accident.

Culpeper police say the accident happened around 2 o’clock in the morning. According to the man, he was standing in the northbound lane of traffic waving at traffic in an attempt to get the other vehicles to slow down.

The man, 27, claims that a car headed north failed to slow down and struck him. The vehicle then continued driving north on Dutch Hollow Road. The man was taken to the hospital by a friend, where he was treated for his minor injuries.

Police were unable to get a detailed description of the driver from either the victim or witnesses. All that is known at this time is that the car was a small model and may have been a Toyota. Culpeper police are asking anyone with information about the hit-and-run accident to call 727-7523 with details.

By law, the motorist who struck the man should have stopped at the scene of the accident. Not only did he or she fail to stop, but he or she did not stop to render aid to the accident victim.

Virginia State Nursing Board: Elder Abuse Not Ignored

blog@www.dulaneylauerthomas.com (news Author)15876 — Tue, 29 Jun 2010 08:00:00 EST

The Virginia Board of Nursing has decided to rule that a nursing home supervisor accused of ignoring and failing to report sexual abuse of elders in the facility where she worked is innocent of the charges. Supervisor Helen Roberts is accused of ignoring evidence and reports from staff that serial molester James Wright was abusing elderly patients at National HealthCare-Bristol.

The Board made this determination not in a formal hearing with testimony from witnesses and investigators, but in an informal hearing. Roberts was able to speak her mind about her accusers, alleging that they were untrustworthy sources.

The Board did, however, find that Roberts should have documented other job performance issues that Wright was having. In addition, they noted that Roberts did not report that he was accused of trying to force-feed a resident.

After announcing their findings the Board added that they expected Roberts to attend courses for nursing documentation and professional accountability. As for Wright, he is currently in jail on a 60 year sentence for sexually assaulting residents at the Bristol facility.

The facility’s Director of Nursing and the Administrator also faced charges of ignoring complaints about abuse. The Director of Nursing, Elizabeth Anne Franklin, was reprimanded and was asked to pay a $1,500 fine; Administrator Charlotte Wilson is awaiting her hearing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Driver of jackknifed 18 wheeler charged with misdemeanor larceny

blog@www.dulaneylauerthomas.com (news Author)15806 — Sat, 26 Jun 2010 08:00:00 EST

A Culpeper man who jackknifed a tractor-trailer on the ramp from Route 3 to Route 1 north is facing charges of misdemeanor larceny. William Collins, 42, caused this single-vehicle wreck that shut the ramp down for 45 minutes.

Fredericksburg police did not file charges at the time, however a subsequent investigation discovered that Collins had an outstanding warrant from November 29 in Prince William County. No details about the Prince William charges were available from the Fredericksburg police department.

Bond for Collins was set at $2,000. According to court records Collins was charged with reckless driving in Prince William County in 2006. He was driving 65 in a 35 mile-per-hour zone. After failing to show up in court he was found guilty and fined $248.01 – which was never paid.

Tractor trailer wrecks can be deadly, especially when they involve passenger vehicles. If truck drivers cause an accident and are later found to have a history of traffic violations, this can help establish a pattern of negligent behavior.

If you’ve been hurt by a negligent 18 wheeler driver, don’t hesitate to get legal advice. Trucking companies and their insurers are very good at the blame game, and they’ll do everything they can to avoid paying you a fair settlement. Don’t let them get away with it!

Virginia Workers: You CAN Be Compensated for Job Related Hearing Loss

blog@www.dulaneylauerthomas.com (news Author)15258 — Mon, 31 May 2010 08:00:00 EST

Virginia workers can be compensated for hearing loss… if they can prove that their hearing loss is a direct result of their job duties.

Many jobs, especially those in construction or some telemarketing jobs, can pose a risk to a workers’ hearing. Continual exposure to loud noises over a long period of time can lead to hearing loss.

The challenge for workers is to prove that their hearing loss happened as a part of their job. In one case, a customer service representative who spent much of her day talking to angry customers lost her hearing. She filed a workers’ comp claim for the hearing loss, but it was denied. Why?

The worker claimed that she spent her entire 8 hour work day exposed to 80 to 90 decibels of noise. However, she had nothing to back up her claim. While she initially won her claim, it was overturned on appeal from her employer.

However, if she had actual proof that her hearing had been compromised because of job-related noise, she would have won.

Some employers are on to hearing loss claims, and will administer hearing tests at the start of employment to cut down on the number of false workers’ comp claims for hearing loss.

Former Virginia mental health worker turned minister defrauds elder

blog@www.dulaneylauerthomas.com (news Author)15262 — Mon, 31 May 2010 08:00:00 EST

When a man declared bankruptcy and suddenly an elderly woman sold her house and turned all of the proceeds over to him, authorities became suspicious – for good reason.

A man who once worked as a mental health employee in a Virginia hospital and is now a Baptist minister is accused of committing Medicaid fraud and tampering with public records. In 2004 he filled out and submitted a false Medicaid application for a widow in her mid-90s.

On the application, the minister, Kevin Clark, 53, did not disclose the sale of the woman’s home as he should have by law. According to Clark, he was only trying to help the woman get Medicare benefits.

He claims that after the woman became ill she decided to sell her house because she needed long-term, permanent care. She gave the proceeds from the sale of the home, Clark claims, as a gift because he was her minister and had been looking out for her.

The Deputy Attorney General disagreed, claiming that Clark committed fraud by manipulating the elderly woman into giving him the proceeds from the sale of her home. The Deputy AG added that the woman was moved from one facility to another and had no place to go. Clark, she stated, has declared bankruptcy twice, has a gambling habit, and drives a Mercedes.

Four injured in single-vehicle Culpeper car crash

blog@www.dulaneylauerthomas.com (news Author)15240 — Sat, 29 May 2010 08:00:00 EST

A driver on U.S. 29 crashed when she claims she swerved to avoid an animal in the road, resulting in three people and one baby being taken to the hospital. Mary E. Mavrommatis, a Culpeper resident, was headed south on 29 when she claims to have spotted an animal in her vehicle’s path.

Mavrommatis swerved her 1999 Mercedes Benz left to avoid the animal, crossing the median and ending up stopped in the northbound lanes of 29. Culpeper County Sheriff’s Office (CCSO) responded to the scene, just south of the Route 3 off ramp on 29.

Mavrommatis, her two passengers, and the baby were taken to Culpeper Regional Hospital after the wreck. Mavrommatis was treated and released from the hospital, but no other details were available about the passengers or the baby.

Single vehicle wrecks are often caused when the driver veers off the road, either because they were trying to avoid something in the road or because they fell asleep or became distracted. When a vehicle runs off the road the consequences can be serious.

Drivers in single vehicle crash accidents can be sued by their passengers if they were negligent in causing the wreck.

Research indicating antilock brakes on motorcycles might save lives

blog@www.dulaneylauerthomas.com (news Author)15241 — Sat, 29 May 2010 08:00:00 EST

Antilock brakes on motorcycles may me the next required safety feature, reducing the chances that motorcycle riders are killed or injured in a crash. Research shows that antilock brakes significantly cut down on motorcycle accidents, which leads to fewer injuries and deaths.

The research on motorcycle antilock brakes was funded by the Institute for Highway Safety, a group funded by insurers. They are now using this research to lean on the federal government, asking that they make antilock brakes a requirement for all new motorcycles.

One of the main findings in the report was that motorcycles with antilock brakes were 37 percent LESS LIKELY to be involved in a fatal crash per 10,000 registered vehicle years (a registered vehicle year is one vehicle insured for one year, or two for six months, or three in four months, etc).

Why do antilock brakes make such an difference? Motorcycles are more challenging to stop in some cases than cars. In a car, to stop all the driver has to do is apply the brakes using one pedal. In a motorcycle, the front and rear wheels usually have separate brake controls, so it is up to the rider to use the correct combination of front and rear braking to come to a safe stop.

Antilock brakes help motorcycle riders by reducing brake pressure when they sense that a lockup is imminent. When traction is restored and a brake lock up is no longer an issue, antilock brakes restore pressure.

***Hurt in a Virginia motorcycle wreck? Let our attorneys help!***

Is elder abuse on the rise in Virginia?

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

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

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

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

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

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

No Manslaughter Charges for Defendant in Deadly Rt. 3 Culpeper Crash

blog@www.dulaneylauerthomas.com (news Author)15157 — Tue, 25 May 2010 08:00:00 EST

Last March four people were killed on Rt. 3 in Culpeper when a Spotsylvania man crashed head on into their vehicle. The man, Eugene T. Greene, 30, was then charged with four counts of manslaughter, wounding in the commission of a felony, destruction of property, and misdemeanor charges of reckless driving, and operating an uninsured vehicle.

According to Greene’s attorneys, Greene did not have malicious intent in the crash and did not engage in criminal negligence. The judge in the case also upheld the defense’s motion to exclude the charges of wounding in the commission of a felony and destruction of property from the jury’s consideration.

The prosecutor in the case, the assistant Commonwealth’s attorney Dale Durrer, argued that Greene knew or should have known that he was too tired to drive. In an attempt to prove Greene’s guilt, Durrer entered almost 40 pieces of evidence and put on 23 witnesses including police, emergency workers, doctors, and family members of the victims. The prosecution also paid $1,500 for a sleep expert to testify in the case.

However, the jury deliberated for two hours after the three day trial and only found Greene guilty of reckless driving. They recommended that he spend six months in jail and pay $2,500 in fines.

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

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

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

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

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

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

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

Wreck on Culpeper Bus. 29 involves tractor-trailer, pickup truck, SUV

blog@www.dulaneylauerthomas.com (news Author)14474 — Fri, 30 Apr 2010 08:00:00 EST

A wreck on Business 29 just south of Inlet Road has left several people injured. According to the Culpeper Division of the Virginia State Police, the multi-vehicle crash happened when a tractor-trailer driver swerved into oncoming traffic.

The truck driver, Harry J. Mummert Jr., 39, was surprised to find traffic after he came over a hill on 29, and made the decision to swerve into the oncoming lane of traffic. As a result, he hit the rear corner of a 1999 GMC Suburban. After striking the SUV he also crashed into a 1995 Ford pickup truck that was headed south. This caused the Ford to roll over.

Fortunately there were no serious injuries. The driver of the Suburban, a 53 year old woman from Warrenton, and her female passenger were not hurt in the accident. The driver of the pickup truck, a 45 year old man from Remington, and the passenger, his 21 year old son, were both taken to Culpeper Regional Hospital where they were treated for their injuries and released.

Mummert and his two passengers were not hurt, however Mummert was issued a summons for driving on a suspended license and for reckless driving by a Culpeper County Trooper.

Who is most at risk of Virginia nursing home abuse?

blog@www.dulaneylauerthomas.com (news Author)14483 — Fri, 30 Apr 2010 08:00:00 EST

Virginia nursing home abuse is an unpleasant topic that few people want to talk about, let alone do something about. However, the more informed the general population is about the risks and effects of elder abuse and neglect, the more likely that it can be spotted and stopped.

One way to protect elders is to understand which demographics are most at risk of suffering from nursing home or assisted living abuse. Many organizations in Virginia and across the United States collect and publish studies and statistics about elder abuse, neglect and exploitation. This information can be extremely useful in making the specter of abuse more real to everyday men and women.

If you were asked who is MOST at risk for elder abuse, what would you guess? Women are more likely than men to be victimized by elder abuse or neglect. In fact, two out of every three elder abuse victims is a woman. This is a statistic that should have women’s rights organizations fired up!

Not only are women at risk, but the older a person gets the more likely they are to become the victim of abuse. Studies show that about two in five elder abuse victims are over the age of 80. Can you imagine living all the way to 80 years old and then being mistreated by the very people you depend on to care for you? It is shocking. Something for all of us to think about – and act on.

2010 Nursing Home / Assisted Living Cost of Care Survey Released

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

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

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

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

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

VDOT wants Virginia drivers to make work zones NO PHONE ZONES

blog@www.dulaneylauerthomas.com (news Author)14328 — Tue, 27 Apr 2010 08:00:00 EST

Work zones are all around us here in the Culpeper and Warrenton area, especially now that the weather is warming up and stimulus money is keeping Virginia road construction crews busy. Last week was National Work Zone Awareness week, and the Virginia Department of Transportation (VDOT) wants motorists to treat work zones as “no phone zones” ALL the time.

This means no phone use at all, and that includes any phone-like devices that distract drivers from the road. To be safe, drivers should not dial phone numbers, talk on the phone, send or read text messages, or check their email while driving. Drivers should never do these activities while behind the wheel, but it is especially important that they avoid them when in a work zone.

There are over 40,000 wrecks every year in the U.S., leading to over 700 deaths. In Virginia alone, work zone collisions result in about 2,000 accidents and over a thousand injuries a year. Many of these crashes are caused by drivers who are not paying attention to the road.

Distracted driving is a serious issue, and VDOT and other state and federal agencies are trying to educate drivers about the dangers posed by distractions like cell phones. To underscore their point, VDOT has set up a monument to Virginia highway transportation safety workers killed on the job. It is the VDOT Workers’ Memorial and is located at mile marker 102 on I-64 East near Afton Mountain.

Remington high-school student dead after tragic single-vehicle wreck

blog@www.dulaneylauerthomas.com (news Author)14289 — Mon, 26 Apr 2010 08:00:00 EST

A freshman high-school student is dead after a single-car crash on Clover Hill Road. The student, Wyatt Ellison Flory, 14, was the front seat passenger in a 2006 F-150 pickup truck when the accident occurred.

The driver of the Ford truck, a 16 year old male, lost control while cresting a hill, ran off the road, and struck several trees. Flory was killed as a result of the crash. According to police, he was wearing his seat belt when he was killed.

There were two other passengers in the Ford, a 17 year old male and a 17 year old female. Both were riding in the backseat of the truck. A witness claimed that the crash was so serious that it took rescue workers 45 minutes to cut the girl out of the vehicle.

Speed is believed to be a factor in the accident, which was investigated by the Virginia State Police accident reconstruction team. Unfortunately, every year teen drivers die unnecessarily in single-vehicle crashes just like this one because of excess speed, distracted driving, drunken driving, and more.

There have been a number of efforts in the Culpeper and Warrenton areas to educate high-school students about the dangers of driving.

Teaching Culpeper teens the dangers of underage drinking and driving

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

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

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

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

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

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

No Plea Agreement in Deadly Rt. 3 Culpeper Crash Case

blog@www.dulaneylauerthomas.com (news Author)14120 — Mon, 19 Apr 2010 08:00:00 EST

A man facing charges related to the death of four people in a tragic head-on collision on Route 3 earlier this year has pulled out of an unusual plea agreement. The man, Eugene T. Greene, 30, of Spotsylvania, was driving east on Rt. 3 when his Chevy Tahoe crashed head-on into a Toyota Corolla. Drowsy driving is blamed for the crash.

The driver of the Corolla, Tyler S. Harlow, 20, of Ruckersville, and three of his passengers, Joseph L. Sahnow, 20, of Ruckersville, Tianna V. Jones, 19, of Stanardsville, and James B. Cook, 21, of Marshfield, Vt, all died at the scene of the accident. One passenger, Howard J. Steiniger, 27, of Fredericksburg, survived the crash.

As a result Greene was facing four felony counts of involuntary manslaughter, wounding in the commission of a felony, destruction of property, and misdemeanor charges of reckless driving, and operating an uninsured vehicle. The plea agreement would have reduced the charges to five counts of reckless driving and operating an uninsured vehicle.

However, the unusual (as the judge put it) terms of the plea agreement led the defendant to withdraw the pleas. One of the unusual terms was that Greene would have to return to jail each year for ten years on March 22, the date of the accident, to satisfy the families of the victims.

Greene has a four-day trial set for May 4, starting at 9:30am in Circuit Court.

Bristol nursing home hid cases of elder sexual abuse

blog@www.dulaneylauerthomas.com (news Author)13767 — Wed, 31 Mar 2010 08:00:00 EST

A nursing home in Bristol, Virginia (National Health Care-Bristol) allegedly ignored and discouraged reports of elder sexual abuse, and supervisors at the facility now face charges from the Virginia medical licensing board.

The individuals named in documents by the Virginia medical licensing board are the nursing home administrator Charlotte Wilson, nursing supervisor Helen Roberts, and former nursing supervisor Elizabeth Anne Franklin.

Wilson faces the worst charges of the three individuals, as she allegedly set up a report chain for abuse cases that intentionally went nowhere. She is accused of failing to report cases of sexual abuse involving 12 residents. The cases spanned the years 2000 to 2008. Wilson is also accused of failing to notify the patients’ doctors or Adult Protective Services of the reports of sexual abuse, which is required by law.

Franklin’s lawyer has denied the charges against her, claiming that Franklin referred all elder abuse complaints that she received for investigation. Franklin and Roberts are both accused of discouraging a family member from filing a complaint, and failing to report elder sexual abuse cases.

A former nursing aid from the facility, James Wright, is awaiting sentencing on four charges of aggravated sexual battery. If convicted of the charges, Wright could face up to 20 years in jail for each charge against him.

Drowsy driving blamed for two Culpeper car accidents

blog@www.dulaneylauerthomas.com (news Author)13770 — Wed, 31 Mar 2010 08:00:00 EST

Two accidents on the same day in the Culpeper area have been blamed on drowsy driving. Both drivers were lucky; despite falling asleep behind the wheel neither one was seriously injured nor did they harm any other motorists or pedestrians.

The first car crash happened when Michael Crews, of Elkwood, was driving north on U.S. 29. Crews apparently fell asleep and his Toyota Tacoma pickup truck drifted off of the highway and crashed into a tractor trailer. The large truck was parked on the shoulder of 29 waiting to be fixed after it had broken down.

The crash happened about 500 feet south of the Rt. 3 overpass. Crews was the only occupant of the Toyota, and was not badly injured in the crash. The Tacoma truck, however, was completely totaled. The semi-truck driver, a logging truck, was not seriously injured either. Crews was cited by Culpeper police for reckless driving as a result of the incident.

The second accident happened not long after the first, this time on U.S. 15 according to Virginia State Police. A driver, who has not been identified, allegedly fell asleep behind the wheel. This caused the vehicle he or she was driving to veer of the road and crash into an embankment. The collision happened a little south of the Madison and Culpeper county line.

No word on whether or not charges were filed in the second case.

Alcohol, speed factors in Culpeper wreck that leaves two injured

blog@www.dulaneylauerthomas.com (news Author)13774 — Wed, 31 Mar 2010 08:00:00 EST

A single-vehicle crash has left two people injured and police wondering what happened. The crash happened at night, around 9:20pm, when a car sped off the side of a road. Fortunately, no other vehicles were involved in the collision.

According to Virginia State Police, the vehicle, a 2002 four-door BMW sedan was headed down U.S. 522 at Browning road when it suddenly veered off to onto the right side of the highway. The BMW overturned as a result of the accident.

Neither the driver, Roxie Ann Perryman, 25, nor the passenger Larry Sanford Walker, 35, were wearing seatbelts when the accident occurred. Crash victims who don’t wear their seatbelts have a far greater chance of being seriously hurt or killed in a rollover crash than victims who are properly restrained.

Both Perryman and Walker had to be airlifted to Mary Washington Hospital in Fredericksburg, VA after the crash. There is no word as to their status or whether or not they sustained life-threatening injuries.

An investigation into the cause of the accident is onging. A Virginia State Police trooper did state that alcohol consumption and speed were factors that may have contributed to the rollover crash. Speed is often a factor in rollover crashes, as cars are more likely to flip if they hit an obstacle while traveling at a high rate of speed.

Drowsy Driving in Virginia: A Serious Problem

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

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

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

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

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

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

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

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

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

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

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

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

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

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

blog@www.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?

blog@www.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

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

Elder financial abuse in Virginia is a serious cause for concern

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

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

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

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

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

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

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

Toyota issues more recalls, braking systems & drive shafts affected

blog@www.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.

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.

Studies show that handheld cell phone bans don't work

blog@www.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

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

Clumsy employees deserve workers' comp benefits, too

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

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

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

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

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

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

Are you affected by the latest Toyota recall?

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

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

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

The recall affects the following Toyota vehicles:

· 2009-2010 RAV4,

· 2009-2010 Corolla,

· 2009-2010 Matrix,

· 2005-2010 Avalon,

· 2007-2010 Camry,

· 2010 Highlander,

· 2007-2010 Tundra,

· 2008-2010 Sequoia

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

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

Workers may get extra protection against repetitive stress injuries

blog@www.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

blog@www.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

blog@www.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.

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”.

Culpeper DUI traffic stop leads to drug charges for Maryland couple

blog@www.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?

blog@www.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.

Has enough been done to make Route 3 safe?

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

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

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

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

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

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

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

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

blog@www.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

blog@www.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

blog@www.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.

Are nursing homes doing enough to prevent falls?

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

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

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

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

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

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

Drivers: Put SAFETY FIRST during the Thanksgiving Holiday

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

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

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

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

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

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

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

Mitsubishi Lancer airbag sensor recall affects Virginia vehicles

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

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."

Distracted drivers are a "menace to society"

blog@www.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

blog@www.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

blog@www.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.

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

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

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

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

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

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

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

The current Ford recall covers the following vehicles:

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

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

Massive Toyota recall planned after 5 deaths and 17 injuries

blog@www.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.

The many faces of nursing home abuse and neglect

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

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

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

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

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

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

Lynchburg Woman Sentenced in Assisted Living ID Theft Scam

blog@www.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.

The economic cost of large truck crashes

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

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

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

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

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

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

Prince William County Carjacking Ends in Five Vehicle Crash

blog@www.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

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

What are drunk drivers doing when they cause an accident?

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

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

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

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

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

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

Are you ready for Checkpoint Strikeforce?

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

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

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

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

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

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

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

Virginia construction worker killed in front end loader accident

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

Dangers of restraint abuse in Virginia nursing homes

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

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

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

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

Adverse effects of restraint use on elderly nursing home residents:

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

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

Culpeper resident charged with DUI

blog@www.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

blog@www.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

blog@www.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.

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?”

NHTSA reminds drivers of dangers posed to children in hot cars

blog@www.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

blog@www.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

blog@www.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.

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

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

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

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

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

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

Uninsured motorists on the rise due to economic conditions

blog@www.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

blog@www.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.

How the bad economy is contributing to cases of elder abuse

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

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

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

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

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

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

Types of elder abuse at nursing homes and assisted living facilities

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

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

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

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

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

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

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

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

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

Importance of safe driving stressed to Fairfax County teens

blog@www.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

blog@www.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

blog@www.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

blog@www.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

blog@www.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.

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.

Lack of nursing home contract oversight can cause confusion

blog@www.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

blog@www.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

blog@www.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.

Just how dangerous is distracted driving?

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

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

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

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

Driver behavior and associated increased risk for an accident

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

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

Motorcyclists depend on other drivers for their safety

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

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

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

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

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

Woman killed in Fairfax County crash on Interstate 495

blog@www.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

blog@www.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

blog@www.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.

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?"

Culpeper car crash claims four lives

blog@www.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

blog@www.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

blog@www.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.

Did a Virginia teen get away with murder – twice?

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

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

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

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

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

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

Proposed Senate Bill Aims to Protect Elderly from Abuse

blog@www.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

blog@www.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

blog@www.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

blog@www.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 lawmakers vote down bill aimed at protecting workers suffering serious brain injury

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

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

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

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

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

Tragic words for an unimaginably tragic situation.

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

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

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

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

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

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

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

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

Virginia teen accused of drunk driving appeared before judge

blog@www.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

blog@www.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.

Will change to Virginia red light camera law put you at risk?

blog@www.dulaneylauerthomas.com (news Author)7200 — Fri, 30 Jan 2009 08:00:00 EST

A bill introduced in the Virginia General Assembly seeks to make it easier for cities to install red light cameras at troublesome intersections. Critics contend that red light cameras are installed more as a revenue generator than a safety measure. Some cities have also been accused of short-timing yellow lights to increase the number of red light tickets, thereby increasing their profit.

The bill before the General Assembly would remove the three words “for final approval” from the Virginia Code Section 15.2-968.1(J) which currently reads, “A locality shall submit a list of intersections to the Virginia Department of Transportation for final approval.” Without those three words, cities will not have to seek approval for their new red light cameras, which at this time involves a detailed engineering justification.

Several cities have had their proposals for red light cameras refused by VDOT, but if this bill passes then VDOT will no longer have the power to prevent unsafe red light projects from going forward.

Red light cameras are controversial, as they have been shown in several studies to increase the number of accidents at intersections. In addition, some cities reduced the length of the yellow light at intersections, ostensibly to increase the number of red light runners and thereby produce a greater profit from camera tickets.

Culpeper automobile vandal nabbed with DNA evidence

blog@www.dulaneylauerthomas.com (news Author)7197 — Fri, 30 Jan 2009 08:00:00 EST

The mysterious case of an outbreak of vandalism cases in Culpeper was solved with the examination of DNA evidence found on the damaged vehicles. Last summer, several cars were damaged when a vandal slashed the tires, broke windows, and damaged the ignition in at least one car.

Culpeper detectives were not optimistic about bringing charges against the perpetrator, until it was discovered that the vandals had left behind their genetic footprint in the form of blood and other DNA evidence. A 17 year old boy was suspected of the crimes, but it was not until his identity was confirmed through the DNA evidence that they were able to bring six juvenile petitions against him and charge him with misdemeanor destruction of property.

According to authorities the damage totaled thousands of dollars, and now that there is evidence against the 17 year old the case will proceed to court. Detectives credited sound evidence collection and scientific evaluation with helping solve the case.

Will the VDOT bailout make Culpeper and Warrenton roads safer?

blog@www.dulaneylauerthomas.com (news Author)7191 — Thu, 29 Jan 2009 08:00:00 EST

Officials at Virginia's Department of Transportation are hoping that a massive $800 billion economic recovery spending plan will help them with their budget shortfall. VDOT is hoping for $700 to $800 million. According to officials, the money would not be used for new projects but would instead be used to replace or repair bridges or perform highway maintenance.

The economic package has not been approved in Washington DC yet, and VDOT's spokesperson is reluctant to say what projects will be affected and how the money will impact Culpeper or Warrenton area roads and infrastructure.

Virginia is facing a $3.2 billion budget shortfall this year, which means that the highway transportation budget isn't the only thing affected – but it is of great concern to residents worried about the state of local roads. However, officials have tried to reassure residents that the roads and bridges are safe, even if they have been targeted for repair or maintenance work. VDOT inspects the 20,879 bridges in the Commonwealth at least once every 2 years.

According to the version of the bailout bill in the House, at least 50 percent of a state's funding must be under contract within 120 days, with the remainder obligated by August 1, 2010. Despite the tight deadline, there is no word on how the money would be spent across Virginia.

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

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

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

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

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

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

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

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

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

Local Hospitals and Roads Prepare for Inauguration Week Overload

blog@www.dulaneylauerthomas.com (news Author)6998 — Wed, 14 Jan 2009 08:00:00 EST

It might be a good idea for local motorists to stay off the roads next week, if at all possible. Inauguration week is expected to be extremely busy, and adding an influx of out-of-state drivers to our area’s already busy roads could translate to more car accidents and injuries and busier hospitals.

With over a million people expected to stream into Northern Virginia and surrounding areas next week for the inauguration of President Elect Barack Obama, local officials are getting “ready for anything”. This includes preparing local hospitals for an influx of patients and being ready with road services for all the extra motorists.

Greater Washington Area Emergency Services has been planning for inauguration week with Northern Virginia Hospital Alliance leaders. Local hospitals want to be ready in case of an emergency during the inauguration.

In addition to preparing hospitals for the busy week, local officials have also been working together on road plans. Record levels of traffic are expected next week, and even though access to the District won’t be possible from Virginia there will still be plenty of motorists traveling the roads.

Authorities are making sure that stranded motorists will have access to special emergency roadside services. As for Faquier County deputies and Warrenton police, they plan to provide additional support to the Virginia State Police.

Culpeper woman charged with DUI while driving with toddler

blog@www.dulaneylauerthomas.com (news Author)6943 — Fri, 09 Jan 2009 08:00:00 EST

A Culpeper, VA woman driving with her toddler in the car has been charged with driving under the influence. If convicted, the woman could be charged with a minimum fine of $500 and a mandatory sentence of 5 days in jail for driving under the influence with a child under the age of 17.

The woman, Teri Marie Taylor (age 22), was stopped by police in Culpeper when an officer noticed her Lexus moving erratically. The officer also noted that two of the vehicle’s lights were not working.

According to police, the woman failed several field sobriety tests after being pulled over. In addition to the DUI she was given two traffic citations for defective equipment.

While Taylor was taken to a magistrate her nearly 2 year old daughter was placed in custody of a family friend. Taylor was jailed on $1,000 bond.

Getting drugged drivers off the road

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

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

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

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

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

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

Water Main Bursts After Crash in Windsor

blog@www.dulaneylauerthomas.com (news Author)6785 — Tue, 23 Dec 2008 08:00:00 EST

A vehicle slid off the highway in Windsor and crashed into a water main just east of the town limits along U.S. Route 460. Utility workers were called to repair the broken pipe, which had ruptured.

According to police spokeswoman Sgt. Michelle Cotten, Virginia State Police were called to the crash scene that occurred at 12484 Windsor Blvd., at approximately 9:28 AM. Cotten said that the 2003 Ford Expedition involved in the crash had extensive damage after it veered off the highway, smashed into a mailbox, went down an embankment, hit a guide wire for a telephone pole and eventually crashed into the pole.

The evidence of the crash seems to indicate that the Ford Expedition was traveling eastbound on U.S. Route 460.

At some point during the crash, the Ford Expedition also hit a blowoff valve, which is a 4-inch pipe that sticks out of the ground and permits periodic flushing of the underground water main. The driver of the vehicle, Alan Willis from Wakefield, was given a citation for reckless driving and he suffered only minor injures from the accident, according to Cotten.

An alert regarding the accident was issued by Isle of Wight County officials at approximately 11:00 AM that warned the public that the right eastbound lane of U.S. Route 460 had been closed.

Suffolk-based Art-Ray Corp. workers made repairs to the water main. During the repairs, workers from the county and the Virginia Department of Transportation were also present.

According to an employee from the county’s engineering department, who did not want to be identified in the article, the water main was a 16-inch pipe, located 3 feet underground and constructed in 2002. He described that accident as a “freak occurrence.”

Virginia Resident Thanks Dr. Oz for Help After Accident

blog@www.dulaneylauerthomas.com (news Author)6735 — Fri, 19 Dec 2008 08:00:00 EST

Stanley Tatum, a Hampton Roads resident, was injured in a crash in Virginia Beach last week. According to Tatum, he was bleeding and looked up to see a doctor who had come to his aid. However, it wasn’t just any doctor.

Dr. Mehmet Oz told “Good Morning America” that Tatum “looked over and said, ‘You’re Dr. Oz.’ He said, wait a minute, I’ve got to call my mom.” Oz appeared on the morning show and talked with Roberts about the incident. Tatum was on the phone.

Oz is a surgeon and author who is a frequent guest on the Oprah Winfrey Show. According to Oprah.com, “Dr. Oz is vice-chair and professor of surgery at Columbia University. He directs the Cardiovascular Institute and Complementary Medicine Program at NewYork-Presbyterian Hospital. His research interests include heart replacement surgery, minimally invasive cardiac surgery, complementary medicine and healthcare policy. He has authored over 400 original publications, book chapters and medical books and has received several patents.” He has been referred to as America’s Doctor.

The accident occurred on Interstate 64 on Friday, according to WVEC-TV. At the time of the crash, Tatum was the passenger in a truck that collided with another vehicle. The other man in the truck was also injured, but both men’s injuries were not life threatening.

Oz witnessed the accident in his rear-view mirror and stopped to offer assistance. He was able to stop the bleeding from Tatum’s leg and on the other man’s face, WVEC-TV reported.

WVEC-TV also reported that Oz was on his way to the Sandler Center for the Performing Arts in Virginia Beach.

“I just want to thank you from the bottom of my heart. You don’t just talk the talk, but you walk the walk also,” Tatum told Oz by phone. Oz thanked Tatum for his comments on the show.

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.

Virginia Crash Kills a Hooksett Woman

blog@www.dulaneylauerthomas.com (news Author)6629 — Thu, 11 Dec 2008 08:00:00 EST

Last week, Kamala St. Germain, a woman from Hooksett, New Hampshire, was fatally injured in a crash on Interstate 95. The accident occurred on Monday, December, 1, 2008, according to Virginia State Police.

St. Germain, 75, was in her Honda traveling north on Interstate 95 when she was rear-ended by a 2001 Kenworth tractor-trailer driven by Warren Lucas Tomlinson Jr., 64, from Emporia. The accident took place near Mile Marker 44, the Progess-Index of Petersburg, Virginia, according to a report.

The Honda became wedged underneath the tractor-trailer when it caught fire. The accident closed northbound lanes of I-95 for approximately seven hours.

St. Germain was an ordained minister and had earned a doctorate in divinity from the Universal Life Church. She was the founder of DoveStar School of Holistic Technology and had completed a three-month yoga teaching program at the Shivananda Yoga Center in Val Morin, Quebec. St. Germain taught yoga and massage internationally for 44 years. “She was just the most serene, spiritual person you could ever meet. She was always calm; she just had a motherly presence about her,” said massage therapist Deanna Raymond of Brentwood.

St. Germain was also a certified clinical hypnotherapist, an astrologer, a licensed massage therapist, a Reiki master teacher and a practitioner of colon hydrotherapy. In addition, she taught and lectured on holistic health at the collegiate level, on radio and television, locally and internationally since 1965 and authored many published articles. She had five children, ten grandchildren and several great-grandchildren.

Employees at the DoveStar School would not comment on the crash or their reaction to hearing the news of St. Germain’s death. According to Raymond, “she was everyone’s mentor.” Raymond attended DoveStar School from 2003 to 2006 and took numerous massage therapy classes offered by St. Germain.

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.

Verbal Abuse Alleged at Assisted Living Facility

blog@www.dulaneylauerthomas.com (news Author)6586 — Sat, 06 Dec 2008 08:00:00 EST

A state investigation discovered that an employee at the Caring and Sharing Home for Adults assisted living facility at 6008 Jefferson Avenue had been verbally abusing residents. The employee was fired following the investigation that she abused residents by cursing at them, calling some of them “crack head,” borrowing money from them and selling food to them from her neighboring apartment.

Numerous residents at this assisted living facility are poor, have mental disabilities and depend on state money to live in the facility.

Caring and Sharing Home for Adults has had several violations since 2004, according to Virginia state records. These violations make this facility one of the 20 percent of Virginia’s 583 assisted living facilities that had major compliance issues or verified complaints, according to a 2007 report by the Joint Legislative Audit and Review Commission, which is an investigative branch of the General Assembly.

At least once a year, two inspectors from the local state licensing division inspect Newport News’ approximately 50 assisted living facilities and adult homes. Some facilities have inspections at least three times a year.

Caring and Sharing Home for Adults has had its share of inspections. The facility has been inspected nine different times this year and five of those inspections were initiated because of complaints. These inspections are higher than any other year since 2003. Among the inspections in 2008 was one that took three days in July.

Complaints against Caring and Sharing Home were mainly anonymous and included such allegations as neglect to children living in the facility, spoiled food and verbal abuse. It had been hard for inspectors to verify the complaints, until the verbal abuse incident by the employee.

After interviewing four residents, the state inspector discovered that the employee cursed at residents, told one resident, “You can eat second shift. Get away from the table, it’s not your turn to eat,” and called a resident “crack head,” according to state records. Residents also said that she was loud and rude and often borrowed money from them.

Scarlette Peeples, the administrator of the facility, would not comment on the violations.

Holiday Brought Fewer Traffic Deaths in Virginia

blog@www.dulaneylauerthomas.com (news Author)6566 — Fri, 05 Dec 2008 08:00:00 EST

According to State Police and Highway Patrol statistics, traffic deaths decreased dramatically over the Thanksgiving holiday in Virginia and North Carolina.

Last week, there were nine deaths in Virginia resulting from crashes that occurred between Wednesday and Sunday, which is significantly lower than last year. In 2007, there were 19 fatalities during that same time period. This year’s statistics are the lowest since 2002, when nine people were killed, said State Police.

In North Carolina, seven people were killed in crashes over the Thanksgiving holiday, which is also lower than the previous year when there were 21 fatalities.

The fatal accidents in Virginia occurred in Southampton, Rockingham, Fairfax, Carroll, Louisa, Powhatan, Prince William and Rockbridge counties, according to State Police. Alcohol is believed to be a factor in two of the fatal crashes.

Authorities said that the crash in Carroll County involved a driver who was wanted in connection with a murder in Staunton. The driver was charged with DUI, resisting arrest and possession of a firearm. A state trooper was the one who discovered that the driver was wanted.

During the holiday, Virginia State Police issued 9,921 summonses for speeding, 2,810 for reckless driving, 188 for driving under the influence and 916 for not wearing seat belts. North Carolina state troopers issued 18,477 speeding citations.

Traffic safety specialists have predicted that fewer miles traveled this year would result in fewer deaths and it appears that the numbers for Virginia and three other states appear to be in line with this prediction.

Commenting on trends observed earlier this year, AAA Mid-Atlantic stated last week that "as Americans began driving less, fewer people were being killed and injured in traffic crashes."

AAA Mid-Atlantic spokesman John Townsend said that initially, high gasoline prices caused a decline in the miles traveled, but later the number of miles declined due to motorists' worries about the economy.

District Supervisor Injured in Auto Accident

blog@www.dulaneylauerthomas.com (news Author)6462 — Tue, 25 Nov 2008 08:00:00 EST

Mount Vernon District Supervisor Gerald Hyland was injured in a car accident last weekend while he traveled to his farm in Accomack County, Virginia. According to a news release issued by his office, Hyland sustained non-life threatening injuries.

Hyland received injuries to his left leg and hip, which required surgery at the University of Maryland Hospital in Baltimore, Maryland on Monday, November 17. It is anticipated that Hyland will stay at the hospital for several days while he recovers. He is then expected to be transferred to another facility where he will participate in physical therapy for several weeks. The news release said that Hyland was recuperating well.

The car accident occurred when Hyland was driving alone in his minivan and another vehicle struck him on the driver’s side, just behind the driver’s door. There were no details of the crash, other than Hyland’s injuries, listed in the report from his office.

Inquires were made to Hyland’s office to find out more information about the accident, including the exact date, time and location of the crash, but these inquires were refused. The Accomack County Sheriff’s Office and the Virginia State Police were not able to verify any details of the collision.

As of last Tuesday, Hyland was not accepting any telephone calls to his hospital room. However, the person who answered his phone said that he was out of the room and doing well. Details of the surgery were not provided.

Despite Hyland’s injuries, the Mount Vernon District office is open and running. According to the release, “he is in constant communications with his staff about Fairfax County business.” Get well cards can be mailed to Hyland’s office at the Mount Vernon Government Center, 2511 Parkers Lane, Alexandria, VA 22306-3273.

Teens Mourn High School Students Killed in Car Accident

blog@www.dulaneylauerthomas.com (news Author)6404 — Thu, 20 Nov 2008 08:00:00 EST

Last week, three teenagers from Green Run High School were killed in a tragic car crash. The fatal accident occurred when their car hit a minivan on Salem Road in Virginia Beach. Monday, November 17, 2008, was the first day back to school after the three teenagers were killed. Green Run High School administrators took steps to help the high school students cope with their grief over the deaths of their fellow classmates.

Matthew Kirkbride, 18, Adam Sherman, 17 and Joseph Jenkins, 17, were fatally injured in the crash after the car they were traveling in crossed the center lane and collided into a minivan on Salem Road. The three young men had just left the Virginia Beach technical and career education center where they took classes.

Virginia State Police have stated that Kirkbride was driving the car at the time of the accident, Jenkins was riding in the front seat with Kirkbride and Sherman was sitting in the back. All three teens were wearing their seat belts, but the force of the collision was so severe, they were killed by the impact.

News quickly spread about the three deaths and students began bringing flowers and signs in remembrance of their friends and fellow classmates to the high school. Many Green Run High School students said that everyone knew the three young men and the sudden loss of their lives will be felt not only by the senior class, but throughout the high school.

“I think tomorrow is just going to be a really quiet day, just…I think everybody’s just going to be sad and try to remember them,” said Caroline Hutto, a Green Run High School student.

Teen drivers are frequently involved in fatal car accidents. Since the beginning of this year, there have been 77 teen fatalities caused by car accidents, compared with 92 deaths in 2007.

Have you talked to your teenage driver about auto safety?

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

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

Is your car watching you?

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

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

Mandatory arbitration – good for business, bad for you

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

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

New Virginia DUI Law Takes Effect January 1, 2008

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

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

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

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

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

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

So long, abusive driving fees!

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

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

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

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

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

New car seat rating system launched

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

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

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

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

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

Distracted Tractor-Trailer Driver Takes Two Lives

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

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

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

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

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

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

Two drunk drivers slam into construction equipment, kill worker

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

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

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

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

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

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

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

Car Accident Deaths Increase Starting At Age 12

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

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

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

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

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

The researchers made the following recommendations:

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

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

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

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

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

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

Rollover risks – how safe is your SUV?

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

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

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

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

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

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

Insurance Companies and the Relentless Pursuit of Profit

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

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

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

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

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

The US Government decides to further investigate Jeep Liberty defect

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

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

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

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

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

Do laws banning cell phone use while driving really work?

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

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

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

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

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

Motorcyclist pays the ultimate price on the GW Parkway

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

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

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

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

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

Culpeper preacher pleads guilty to workers' comp fraud

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

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

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

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

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

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

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

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

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

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

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

Are high gas prices killing commuters – literally?

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

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

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

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

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

The Top 5 Causes of Virginia Traffic Accidents

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

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

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

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

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

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

Is your life at risk from a medically unfit driver?

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

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

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

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

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

Back road drunks – beware!

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

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

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

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

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

Getting high-risk drunk drivers off the road

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

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

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

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

Car accident alert: is your infant safe?

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

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

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

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

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

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

Wrongful Death Damages Paid to Family Members

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

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

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

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

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

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

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

Causes of Large Truck Crashes

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

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

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

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

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

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

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

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

Nursing Home Residents' Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Car Crash Kills One and Injuries Four Other Victims

blog@www.dulaneylauerthomas.com (news Author)6352 — Mon, 17 Nov 2008 08:00:00 EST

Last Saturday, November 15, 2008, a three-car crash in Albemarle County killed one person, while injuring four others. The tragic accident took place at approximately 4:10 PM at 2420 Richmond Road, about one mile east of Interstate 64.

According to Albemarle County police, 63-year-old John Jarvis English of Charlottesville, was heading westbound on Route 250 when he veered into eastbound traffic. He then side-swiped a vehicle and hit another vehicle head-on.

The five victims of the crash, including English, were transported to the University of Virginia Medical Center, were English was later pronounced dead. The four other victims sustained serious injuries, none of which were life-threatening, according to Albemarle County police.

Police closed the 2400 block of Richmond Road for approximately two and a half hours to investigate the scene of the crash and to clear the debris.

Albemarle County police say the car crash may have been the result of a medical issue suffered by English. A crash reconstruction team from Albemarle County is investigating the accident.

In 2007, 1,026 people were killed in 940 fatal car crashes in Virginia. That same year, there were 49,138 personal injury crashes, which resulted in 68,822 injuries. The 2007 Virginia Traffic Crash Facts report also gives various reasons for these car accidents, such as driver impairment, driving too close to the vehicle ahead, driver distraction, running a traffic control and speeding. The age group, 21-25, made up the largest percentage of drivers involved in Virginia car accidents. It was also reported that in 2007, there were 11,215 alcohol-related crashes, which accounted for approximately 7.7 percent of all crashes in Virginia. There were 346 alcohol-related fatal crashes or 36.8 percent of all fatal crashes and 5,125 alcohol-related personal injury crashes or 10.4 percent of all personal injury crashes.

Study Finds that 13% of Seniors are Mistreated

blog@www.dulaneylauerthomas.com (news Author)6280 — Mon, 10 Nov 2008 08:00:00 EST

A recent study has reported that 13 percent of American seniors suffer mistreatment as a result of various forms of abuse.

The study was conducted by University of Chicago researchers who said that the main forms of abuse were verbal (9 percent), financial (3.5 percent) and physical (0.2 percent). Researchers also discovered that seniors who had some type of physical impairment were most vulnerable to verbal abuse.

"Older people with any physical vulnerability are about 13 percent more likely than those without one to report verbal mistreatment, but are not more likely to report financial mistreatment," said study co-author Linda Waite, a professor of sociology, in a university news release.

The data studied was taken from 3,005 community-dwelling adults, ages 57 to 85. Researchers found that adults in their late 50s and 60s are more likely to report verbal or financial abuse than those who are older. This discrepancy is believed to be explained by the possibility that these seniors were including fairly routine arguments with their spouse, sibling or child in their reports or that older adults are more reticent to report negative behavior, according to lead author Edward Laumann, a professor of sociology.

Based on the study, women were twice as likely as men to report verbal abuse. Hispanics were almost half as likely as whites to report verbal abuse and 78 percent less likely to report financial abuse. African Americans were 77 percent more likely than whites to report financial abuse.

Among the study participants who reported verbal abuse, 26 percent said that their spouse or romantic partner was responsible, 15 percent said it was their children and the remainder said it was their friends, neighbors, co-workers or bosses. For those that reported financial abuse, 57 percent said that a relative other than a spouse, parent or child was responsible.

This study was published in the Journal of Gerontology: Social Sciences.

Five Teens Died in Car Accidents during National Teen Driver Safety Week

blog@www.dulaneylauerthomas.com (news Author)6225 — Mon, 03 Nov 2008 08:00:00 EST

Last week, five teenagers were killed in auto accidents across the state despite the fact that it was National Teen Driver Safety Week, which was observed by insurance officials, police and educators.

Three teens died on October 19, 2008, which was the first day of the National Teen Driver Safety Week. The five deaths occurred in the counties of Amherst, Augusta, Gloucester, Lee and Loudoun. A 15-year-old passenger, 16-year-old driver, two 17-year-old drivers and an 18-year-old passenger were among the victims, according to Virginia State Police.

Col. W. Steven Flaherty, state police superintendent, was quoted in an article as saying, “It is disheartening and frustrating to see such loss of life involving our young people.”

In this year alone, there have been 77 teen fatalities caused by car accidents, compared with 92 deaths in 2007. The recent deaths are in contrast with insurance studies that show a decade-long decline in teen deaths that is attributed to graduated licensing laws and educational efforts. The Insurance Institute for Highway Safety produced a study that showed that teen traffic deaths had declined from 9,940 in 1978 to a 30-year low of 5,156 in 2006.

The same study by the Insurance Institute for Highway Safety also revealed that the traffic-related death rate for individuals ages 13 to 19 had dropped by 41 percent, from 29 to 17 per 100,000. Russ Rader, an institute spokesman, commented that teen deaths and crashes have dramatically dropped over the last decade because many states, including Virginia, have passed graduated driver’s licensing laws.

In 2001, Virginia established a graduated license for teenagers after numerous deaths in auto accidents in Northern Virginia. The law mandates that teenagers complete an approved driver education course and hold a learner’s permit for at least nine months, before applying for a Virginia driver’s license. As an additional measure to protect teenagers, licensed teens under 18 are not allowed to drive between midnight and 4:00 AM.

More driver education programs are now focusing on students and parents.

Settlement in Wrongful Death Case Reached

blog@www.dulaneylauerthomas.com (news Author)6120 — Mon, 27 Oct 2008 08:00:00 EST

Earlier this month, details of the settlement in a $15 million wrongful death lawsuit involving the 2005 death of a Lynchburg man in the custody of the Amherst County Sheriff’s Office were revealed in court.

Melva Taylor Davis, the mother of Sanchez Taylor, and his two brothers will equally share the $325,000 settlement, according to court testimony. As a condition of the settlement, the Amherst County Sheriff’s Office admits no wrongdoing or liability in Taylor’s death.

According to Davis’ attorney, Arelia Langhorne, “The court is aware that this case is highly contested. That has been one of the most challenging cases in my 32-year career.”

Langhorne and Carlene Johnson, the attorney representing the deputies involved in the arrest, both felt that the settlement was fair. Judge Norman Moon agreed and accepted the settlement terms.

The Virginia Office of Risk Management, which insures law enforcement officers against this type of action, will be in charge of paying the settlement money.

Sanchez Taylor, who was 28 years old at the time of the incident, died on June 16, 2005 after a confrontation with Amherst County deputies. After Taylor’s vehicle was found abandoned in a northbound lane on U.S. 29, police officers responded to an alert of a break-in at nearby Bethel Welding.

According to statements filed in court, Deputies Darren Givens and Debbie Tinnell discovered Taylor at the back of the welding shop and attempted to arrest him. The deputies claim that Taylor refused to follow their orders to get on the ground and they had to handcuff him while he was lying on a ladder behind the shop. They tried to move Taylor, but could only get him a few feet away from some ornamental racks.

Two more deputies arrived at the scene and helped control Taylor, who was still putting up a fight. The officers put him on the ground and later noticed that he was having trouble breathing and it appeared that he was having a seizure. A few hours later, Taylor died at Lynchburg General Hospital.

Davis believes that the police officers held her son on the ladder and racks, which caused suffocation. Medical experts hired by the sheriff’s office alleged that Taylor’s death was accidental. However, the state medical examiner in Roanoke reported that Taylor’s death was a homicide.

The four police officers involved in the federal lawsuit were cleared of any criminal wrongdoing.

Accidents on Va. 151

blog@www.dulaneylauerthomas.com (news Author)6066 — Tue, 21 Oct 2008 08:00:00 EST

Last year was the worst year in a decade, when it comes to fatalities, for motorists traveling the 18-mile stretch of Va. 151 in Nelson County from Route 833 near Brent’s Gap to Route 250 near Avon. As the number of vehicles increases on this section of Va. 151, so do the number of accidents. It is estimated that in one section of the highway, a crash occurs on average every 318 feet.

Many Nelson County residents and businesses are located in this area, which use this stretch of highway. Almost 60 motor vehicle accidents occur each year along this road causing 30 injuries and at least one fatality. It wasn’t until the four deaths that occurred on Va. 151 last year that safety advocates started to pursue safety measures for the highway, including lower speed limits and increased traffic enforcement. As a result, only 13 accidents have occurred on Va. 151 this year, as of July 30.

Before last year, the six-mile stretch between the intersection of Va. 151 and Route 6 West and the intersection of Va. 151 and Route 6 East was considered the most dangerous part of the highway.

Even though these recent changes have decreased the number of accidents, the volume of vehicles on the road didn’t happen overnight.

Tommy Harvey, a local resident and business owner, said that in the past 20 years, he could only remember 10 or fewer new entrances being built on Va. 151 from the intersection of Route 6 to Virginia 250. His business has been located on the corner of Va. 151 and Virginia 840 since 1974. Harvey said that his business has increased drastically over the years.

Harvey stated that most of the accidents on Va. 151 happen when a motorist stops to make a turn. He has witnessed people turning right in front of someone into his station.

Nelson County Sheriff David Brooks said that the highway is a busy route with the majority of traffic coming to and from Wintergreen. He said there has been a major difference between this year and last when it comes to accidents.

Henrico Car Crash Kills Driver

blog@www.dulaneylauerthomas.com (news Author)5992 — Tue, 14 Oct 2008 08:00:00 EST

Police believe that the driver killed in last week’s crash in Henrico was speeding down Pouncey Tract Road near Shady Grove Road in western Henrico County. The driver was killed early Saturday, October 11, 2008 when his vehicle crashed into two electrical poles and caught fire.

The car accident resulted in a predawn power outage for approximately 3,400 Dominion Virginia Power customers nearby, which lasted about 30 minutes. Pouncey Tract Road was closed until around 10:30 AM while police officers investigated the crash.

“There was no pursuit of any kind,” said Lt. Doug Barker. Barker said that a police officer saw the car speeding and the officer pulled out to drive after it. When the police officer caught up to the other vehicle, it had already crashed and was fully engulfed in flames, which prevented the police officer from being able to rescue the driver. Unfortunately, the driver was killed and burned beyond recognition in the 4:23 AM crash.

It is still not clear which direction the driver was heading or where the police officer was positioned. To date, the make and model of the vehicle has not been released to the public. The driver’s body was taken to the state medical examiner’s office.

Dominion Virginia Power spokesman Richard Zuercher said the vehicle struck two electrical poles, which ultimately cut off power to 3,389 Dominion Virginia Power customers. Power was restored, however, within 30 minutes of the crash to all but 39 customers. The rest of the community received its power by 6:25 PM, Zuercher explained.

According to Dominion Virginia Power’s website, it is one of the country’s 10 largest investor-owned electric utility companies. Dominion Virginia Power provides power to more than 2 million homes and businesses in Virginia and North Carolina. Service areas include the region from Northern Virginia to northeastern North Carolina.

Fairfax County Police Worried About Motorcycle Traffic

blog@www.dulaneylauerthomas.com (news Author)5958 — Fri, 10 Oct 2008 08:00:00 EST

There have already been three motorcycle fatalities in Fairfax County this year. Fairfax County Police are worried about the potential safety issue that may arise when motorcycles are driven on roadways by inexperienced drivers. According to AAA Mid-Atlantic, motorcycle rider behavior and inexperience contributed to 80 percent of the 126 motorcycle deaths in Virginia last year.

This last summer, Scott Norman, a husband and father of two young children, lost control of his 2008 Suzuki on Herndon Parkway and slammed into a barrier. He was killed instantly. The police report states that he was traveling an estimated 77 miles per hour, which is more than twice the posted speed limit. Norman’s death was one of three this year.

Last month, Ryan Andrew, a 26-year old man from Centreville, lost control of his 2001 Honda and hit a curb on Fairview Park Drive in McLean. Andrew was thrown from his motorcycle, hit a tree and was killed.

Six months before that incident, Larry Schuler, a 44-year old man from Lorton, was making a right turn from Clay Spur Court onto Sunset Ridge Road in Centreville when he hit a parked car and ultimately died from his injuries.

Fairfax Traffic Safety Specialist Master Police Officer Bob Barton said "we are seeing a surge in people, some more experienced than others, commuting by moped, scooters and motorcycles, which can create safety concerns when mixing with other vehicles."

Fairfax County Police believe that higher gas prices are causing more people to use motorcycles instead of cars and trucks as these two-wheeled vehicles are more fuel-efficient. This trend has been seen across the country.

Fairfax Police have published an educational brochure on its website for motorcycle riders. The brochure is available at www.fairfaxcounty.gov. There are also organizations that offer driver education, such as APEX Cycle Education, a private company that teaches motorcycle riders to properly ride.

Virginia State Police Trooper Continues to Recover From Drunk Driving Accident

blog@www.dulaneylauerthomas.com (news Author)5875 — Wed, 01 Oct 2008 08:00:00 EST

Virginia State Police Trooper Kris Chapman continues to recover from injuries sustained from a drunk driving accident. His vehicle was struck on the side of Interstate 81 at Seven Mile Ford last winter. The accident made him the first of eight troopers hit in 2008, as they worked on the sides of the highways.

The accident occurred when Chapman had stopped another driver for a traffic violation and was parked on the right shoulder of I-81’s southbound lanes. Barry Dean Marshall, the driver who hit Chapman, pleaded guilty to driving under the influence and public intoxication.

Chapman is speaking up to encourage Virginia drivers. He recently recorded the audio for one of two public service announcements at the Marion radio station WMEV. The purpose of the campaign is to get drivers to follow a Virginia law that requires them to move into the lane away from stopped law enforcement officers and emergency responders. The Virginia legislation is known as the Move Over law.

In the public service announcement, Chapman tells his story as a voice over during a video that shows pictures of him. One of the photos shows his cruiser after it was smashed in the February crash. During the announcement Chapman says, “I was hit by a drunk driver in February of this year. This accident could have been prevented if this driver was not drinking and driving and obeying Virginia’s Move Over law.” He goes on to talk about the troopers that have been hit this year and reminds drivers of what they should do if they see emergency vehicles stopped on the shoulder of the highway.

The video version of the public service announcement can be viewed at a VSP exhibit at the Virginia State Fair that is scheduled to end October 5. The video can also be viewed on the Virginia State Police’s website.

State troopers are more concerned about being hit by other vehicles than they are of bullets.

Drivers With Prior DWI Convictions Pose Greatest Risk of Fatal Crashes

blog@www.dulaneylauerthomas.com (news Author)5722 — Fri, 26 Sep 2008 08:00:00 EST

Last month the National Highway Traffic Safety Administration (NHTSA) released its annual traffic safety assessment for 2007. The report shows a remarkable 3.7% decrease in alcohol-impaired driving fatalities since last year but revealed a startling trend among the nation's most dangerous offenders.

The encouraging 3.7% drop is owed to a number of factors including the diligence of law enforcement and the effectiveness of our court system in appropriately sanctioning social drinkers arrested for drunk driving. In addition, awareness groups have become increasingly innovative in promoting the message of zero tolerance for impaired driving and the importance of designated drivers.

Unfortunately, traditional sanctions have little effect on drivers with a prior DWI conviction and those whose blood alcohol content (BAC) is .15 or above. Research has proven these high-risk drivers to be unresponsive to general and legal deterrence. This year's NHTSA assessment validates these findings.

The number of fatal crashes involving impaired drivers with a prior DWI conviction remained unchanged from the year before, and half of all impaired drivers involved in these crashes had a BAC of .16 or above, just shy of the 2006 mark.

Woman Dies In Weekend Motorcycle Crash

blog@www.dulaneylauerthomas.com (news Author)5809 — Fri, 26 Sep 2008 08:00:00 EST

A Saturday evening motorcycle crash has claimed the life of a Virginia Beach woman. E. Carla Mitchell, 43, has been identified as the fatal victim. The accident happened on Saturday, September 20, shortly before 8:00 p.m. in the 2100 block of Princess Anne Road.

Police say Mitchell was traveling southbound on Princess Anne Road on her 2005 custom trike (three-wheeled) motorcycle when she veered off the right-hand side of the road, sending her airborne. The motorcycle then flipped, ejecting Mitchell from trike. Mitchell was wearing a helmet at the time of the crash. She was flown to a local hospital via Nightingale, where she later died of her injuries.

It has not been determined whether or not alcohol was a factor in this crash. The accident remains under investigation.

U.S. Transportation Secretary Announces Nationwide Initiative to Check Child Safety Seats

blog@www.dulaneylauerthomas.com (news Author)5782 — Tue, 23 Sep 2008 08:00:00 EST

Parents will be able to have their children’s car seats checked to make sure they are properly installed this Saturday at 400 locations nationwide as part of a new national campaign to improve child safety, U.S. Transportation Secretary Mary E. Peters announced today during a visit to one of the planned inspection sites.

“As any EMT, policeman or fire official will tell you, a properly installed child safety seat could mean the difference between life and death,” Secretary Peters said. “I know America’s parents are busy, but a few minutes of your time tomorrow could save you a lifetime of regret.”

On Saturday, certified inspectors will be on hand at 400 inspection stations across the country to examine child safety seats free of charge. The Secretary also said that starting next week, the Department would launch a new education campaign designed to get parents to use new latch technology to install child seats in motor vehicles. The latches make it easier to use when installing child seats, she added.

Secretary Peters noted that child restraints are effective, but only when they’re correctly installed. Last year, 98 percent of America’s infants were regularly restrained in vehicles. However, she said, seven out of 10 child safety seats are not installed correctly.

When properly used, child restraint systems reduce fatalities by 71 percent for infants and 54 percent for toddlers in passenger cars, she added.

Virginia Abduction, Robbery Ends in Fatal Car Crash

blog@www.dulaneylauerthomas.com (news Author)5718 — Wed, 17 Sep 2008 08:00:00 EST

Prince William County police say they have obtained warrants for one of two suspects in the abduction of an Alexandria woman who died in a car crash.

Officials say 19-year-old Keith Anthony Baskerville of Woodbridge was driving the car that crashed, killing 61-year-old Barbara Jean Bosworth.

Police say the warrants are for carjacking and abduction with the intent to extort money, and that Baskerville has a prior arrest for burglary.

Bosworth was kidnapped Saturday afternoon from Springfield Mall. The suspects forced her to use her ATM at a Woodbridge convenience store. They later drove away with Bosworth, in her car. The driver lost control, crashing into some trees.

Baskerville and the other suspect remain hospitalized in critical condition.

Culpeper auto accident takes life of teen

blog@www.dulaneylauerthomas.com (news Author)5719 — Wed, 17 Sep 2008 08:00:00 EST

In some of the last words he would ever say to his daughter, Rev. James Randall Orndorff told his 17 year-old, Kelsey, how proud he was of her.

On Friday, Kelsey Jean-Marie Orndorff of Culpeper was killed in a two-car collision on State Route 3 in Culpeper County, according to State Police.

According to a witness, Dr. James Cook, who practices in Culpeper, was in the other vehicle and was airlifted from the scene.

This was Kelsey's second and senior year at Fredericksburg Christian High School.

"I've been crying so much I don't feel like I have anything left," her father said yesterday.

He said the family is making it through the loss with friends and faith. James "Randy" Orndorff serves as the pastor at Culpeper United Methodist Church.

Trooper witnesses Thursday morning crash in Culpeper

blog@www.dulaneylauerthomas.com (news Author)5593 — Sat, 30 Aug 2008 08:00:00 EST

A Rixeyville woman was hospitalized following a wreck Thursday morning that was witnessed by a Virginia State trooper.

The accident occurred around 8:15 a.m. in the 11000 block of Eggbornsville Road, said State Police spokesman Sgt. Les Tyler.

Capt. Michael A. Spivey was also traveling in the area and saw the crash in his rearview mirror, Tyler said.

Lisa L. Wolfe, 46, was eastbound on Eggbornsville Road when she failed to negotiate a curve. Tyler said her 2007 Hyundai SUV left the right side of the road, went up an embankment and crashed through a fence. The SUV then went down the embankment, crossed the road and overturned, coming to rest on the passenger side. It missed striking a large bale of hay by about 10 feet.

Wolfe was taken to Culpeper Regional Hospital with injuries Tyler described as non life-threatening. Hospital spokeswoman Amy Neese said Thursday afternoon that Wolfe was treated and released.

Tyler said Spivey, who was the first person on the scene, reported that failure to wear a seat belt and speed may have contributed to the accident and Wolfe’s injuries.

Man pleads to DUI manslaughter

blog@www.dulaneylauerthomas.com (news Author)5594 — Sat, 30 Aug 2008 08:00:00 EST

An illegal immigrant was convicted Friday of manslaughter in the death of a 17-year-old boy killed in an alcohol-related crash Nov. 28 on Va. 42.

In a plea agreement with the Augusta County prosecutor's office, Agustin Alcantar Garcia, 34, of Mount Solon entered an Alford plea in Augusta County Circuit Court to a charge of manslaughter — driving under the influence. He was sentenced to five years in prison and had 4 1/2 years suspended.

An Alford plea does not admit guilt but acknowledges there is enough evidence for a conviction. It carries the same weight as a guilty plea.

Assistant prosecutor Angela Landes said Garcia was headed southbound and rounding a long curve at 6:46 a.m. on Va. 42 near Va. 809 when he lost control of his pickup, striking a van with five occupants head-on. A 17-year-old boy, Tobias Hernandez Martinez of Mexico, a passenger in the front seat of the van, was killed as a result of the crash.

Landes said skid marks from Garcia's pickup indicated he locked his brakes while still in his lane before crossing the double-yellow line. An accident reconstruction expert said Garcia's truck was going 79 mph when he lost control, according to Landes. The van's speed was estimated at 59 mph.

Landes said beer cans were found in Garcia's pickup, and that a toxicologist would have testified that Garcia's blood alcohol content at the time of the crash was "in the neighborhood of .11 percent," above Virginia's legal limit of .08.

A detainer has been placed on Garcia by Immigration Customs Enforcement (ICE), and Landes said Garcia will be picked up in the coming week and deported to Mexico.

Garcia, who has no prior arrests, was credited for time already served in Middle River Regional Jail. Virginia's recommended sentencing guidelines called for him to serve no time behind bars and be placed on probation.

Culpeper girl, 6, drowns in Strasburg

blog@www.dulaneylauerthomas.com (news Author)5595 — Sat, 30 Aug 2008 08:00:00 EST

A 6-year-old Culpeper girl drowned Saturday at a former quarry while on a trip with her family.

Dakota Hansen, daughter of Edward and Wendy Hansen, was found motionless in the water by another swimmer at Half Moon Beach, according to the Northern Virginia Daily newspaper.

It was the quarry’s second drowning in less than a month, prompting local police to close it for a safety evaluation.

Dira Hansen, 17, who ran track for Culpeper County High School and is an incoming freshman at Christopher Newport University, confirmed to the Daily that the victim was her sister.

Hansen said she heard of the drowning from her 15-year-old sister Shannon, who accompanied other family members to the quarry at 363 Radio Station Road. Her brothers Joey, 8, and Joshua, 2, as well as 6-year-old Cameron O’Sullivan, a foster brother, were there with her parents.

Fix at Deadly Culpeper Intersection to be Delayed

blog@www.dulaneylauerthomas.com (news Author)5544 — Wed, 27 Aug 2008 08:00:00 EST

It's more bad news for Culpeper County's new Eastern View High School, which has run into series of problems since its inception.

Construction of an interchange on U.S. 29 to serve the school that opens Aug. 20 will be delayed for several years. Both Commonwealth Transportation Board member Butch Davies and Virginia Department of Transportation Culpeper resident engineer Quinton Elliott said yesterday that it will be at least 2013--and likely longer before the project is under way.

"There have been significant changes in the financial picture," Davies told the Culpeper County Board of Supervisors. "The economic issues our country is dealing with are impacting us."

Both Davies and Elliott said that originally the interchange project at U.S. 29 and State Route 666 was slated to cost about $28 million and construction was to begin no later than spring 2011.

Those construction costs are expected to jump to about $40 million by 2014, Davies said.

Virginia kicks off rural road DUI crackdown

blog@www.dulaneylauerthomas.com (news Author)5545 — Wed, 27 Aug 2008 08:00:00 EST

Virginia is cracking down on drunken driving.

Governor Tim Kaine, Virginia State Police and local law enforcement are launching the 2008 Checkpoint Strikeforce campaign on Thursday. The campaign will focus on drunken drivers on rural roads.

The Virginia Department of Motor Vehicles Highway Safety Office says more than one-third of traffic fatalities in Virginia last year were alcohol-related.

The campaign this year will use DUI checkpoints and an advertising blitz directed at young drivers. It is the seventh year for the initiative.

According to the latest figures available, Virginia saw an increase in the number of alcohol-related fatalities in 2006 from 2005, from 322 in 2005 to 374 in 2006. That followed declines for the previous three years.

DUI charge in car accident may be blemish to Shia LaBeouf's rising star

blog@www.dulaneylauerthomas.com (news Author)5358 — Wed, 30 Jul 2008 08:00:00 EST

In a town overrun with young stars behaving badly, Shia LaBeouf has appeared as something of a Hollywood golden boy — one of the industry's few bona fide megastars in the making.

He's been a sought-after actor for almost half of his 22-year-old life and a Steven Spielberg favorite, carefully groomed for stardom.

But with his arrest Sunday in Los Angeles on suspicion of driving under the influence of alcohol, LaBeouf's rising star earned its first significant blemish and cause for damage control.

LaBeouf was arrested 3 a.m. in West Hollywood after his pickup collided with another vehicle, rolling the truck over. Los Angeles County Sheriff's Sgt. Scott Wolf said it was "immediately apparent" to officers on the scene that LaBeouf was intoxicated.

With him was Isabel Lucas, a 23-year-old Australian actress who plays a supporting role in the "Transformers" sequel "Revenge of the Fallen," according to a person close to the movie's production who asked not to be named because he was not authorized to release that information. She was uninjured, as was the driver of the other car.

Sheriff's spokesman Steve Whitmore said Tuesday that detectives have determined that the accident wasn't LaBeouf's fault and that the other driver apparently ran a red light.

Sick truck drivers behind the wheel in fiery US highway crashes

blog@www.dulaneylauerthomas.com (news Author)5347 — Tue, 29 Jul 2008 08:00:00 EST

Tractor-trailer and bus drivers in the United States have suffered seizures, heart attacks or unconscious spells behind the wheel that led to deadly crashes on highways. Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study obtained by The Associated Press.

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons (36 metric tons) or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn't completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from "doctor shopping" to find a physician who might overlook a risky health condition. It is unclear whether any of the eight recommendations will be done before President Bush leaves office.

Police: Play it safe on the roads, water

blog@www.dulaneylauerthomas.com (news Author)5324 — Fri, 25 Jul 2008 08:00:00 EST

With Virginia’s lakes, rivers, bays and oceanfront popular holiday destinations for the coming Fourth of July weekend, drivers are reminded to play it safe both on the water and on the road. Today across the Commonwealth press conferences were held to remind Virginians that BUI - Boating Under the Influence - and DUI - Driving Under the Influence -are an illegal and deadly combination, especially at a time when waterways and highways are at their busiest.

The Virginia Department of Game and Inland Fisheries (VDGIF), Virginia Marine Resources Commission, Virginia State Police, Virginia Department of Transportation (VDOT), Virginia Department of Motor Vehicles (DMV), Mother’s Against Drunk Driving (MADD) and numerous local law enforcement gathered alongside the James River and Smith Mountain Lake on Wednesday, July 2, to focus on boating and vehicle traffic safety during the Independence Day weekend.

“In the interest of public safety this Fourth of July weekend, Virginia conservation police officers will be joining forces with the Virginia State Police and other law enforcement personnel across the Commonwealth. The primary focus of this effort will be to apprehend those persons operating motorboats and motor vehicles while under the influence of alcohol and/or drugs,” said VDGIF Law Enforcement Division Chief Colonel Dabney W. Watts, Jr.

Wrecks in Virginia are fatal to two men

blog@www.dulaneylauerthomas.com (news Author)5325 — Fri, 25 Jul 2008 08:00:00 EST

Two men died after separate single-vehicle crashes last week, the Virginia State Police report.

Bobby Joe Moore, 23, of Castleton died yesterday from injuries he received when his pickup truck struck a tree on state Route 615, just south of state Route 729, at 2:30 a.m. in Rappahannock County, police said.

He died at 3 a.m. in a Culpeper-area hospital, police said. He was not wearing a seat belt, authorities said.

Paul E. Fooks, 53, of Millville, N.J., died in Loudoun County on Thursday after his tractor-trailer crossed the double center-line on Saint Louis Road, just north of Snake Hill Road, and struck a tree.

Fooks died at the scene shortly after 2:36 p.m., police said.

He was wearing a seat belt, authorities said.

TV show to feature death of Culpeper teacher

blog@www.dulaneylauerthomas.com (news Author)5326 — Fri, 25 Jul 2008 08:00:00 EST

Family members of a kindergarten teacher whose 2006 death remains unsolved hope that clues will emerge after the case is featured on ABC's "Primetime Crime."

Justine Swartz Abshire, then a teacher at Culpeper's Emerald Hill Elementary School, was found dead the night of Nov. 3, 2006, alongside a road in Barboursville, near the Greene County line. State police originally described the death as a hit-and-run. The investigation remains open.

Abshire had married just six months before and was 27. Her story is to be featured July 30 on the ABC program.

Abshire's parents, Steve and Heidi Swartz, and her sister, Lauren, have consistently sought answers and said last week that they hope the national broadcast will shed more light on what happened.

Complaints in Culpeper prompt stronger crosswalk law enforcement

blog@www.dulaneylauerthomas.com (news Author)5173 — Sun, 29 Jun 2008 08:00:00 EST

Acting on complaints from residents and observations from officers, the Culpeper Police Department will begin enhanced enforcement of crosswalk laws, the department announced this week.

Sgt. Jason Deal said police will direct their focus to crosswalks on North Main Street from Edmondson Street north of the County Administration Building south to Locust Street, which is south of the post office.

"It is important for drivers to know that once a pedestrian is in a crosswalk, they have to yield the right of way," Deal said. Drivers of vehicles entering, crossing or turning at intersections must also slow down or stop to allow pedestrians to cross safely, according to Virginia law.

Severe Retinal Hemorrhaging Is Linked To Severe Motor Vehicle Crashes

blog@www.dulaneylauerthomas.com (news Author)5155 — Fri, 27 Jun 2008 08:00:00 EST

The severity of retinal hemorrhaging for young children in motor vehicle crashes is closely correlated to the severity of the crash, according to a new study by researchers at the Medical College of Wisconsin in Milwaukee. Retinal hemorrhages occur when the blood vessels lining the retina rupture, resulting in bleeding onto the surface of the retina.

The study, by Jane Kivlin, M.D., and Kenneth Simons, M.D., professors of ophthalmology at the Medical College, is published in the June issue of Archives of Ophthalmology.

"The severity of the retinal injuries is similar to that seen in nonaccidental childhood neurotrauma, or shaken baby syndrome," according to Dr. Kivlin, a pediatric ophthalmologist and lead author, who sees patients at Children's Hospital of Wisconsin. "Many perpetrators of shaken baby syndrome have confessed to violently shaking the child, subjecting the child to severe rotational force."

Culpeper Residents Warn of Deadly Intersection

blog@www.dulaneylauerthomas.com (news Author)5160 — Fri, 27 Jun 2008 08:00:00 EST

Reva resident Justin Embrey knows first hand about the dangers that could occur while driving through one of Culpeper's busiest intersections.

His brother-in-law Joshua Lee Burke, 22, and Victoria Ashley Burke both of King George were killed Sept. 1 during Labor Day weekend following a two-vehicle crash near the intersection of U.S. 29 and Alanthus Road in Brandy Station.

A tow truck northbound on U.S. 29 plowed into their 2003 GMC Chevy pickup truck, Embrey said, leaving the couple's 3-month-old daughter an orphan and his family in "total dismay."

Their backseat passenger, John Ifiah Lizotte — who was ejected and found on the median — was flown to Inova Fairfax Hospital for his injuries.

Today, Lizotte receives daily medical assistance from his mother and a medically trained professional.

This fatal wreck occurred within minutes of the proposed overpass at the intersection of U.S. 29 and Route 666 where the county's new high school, Eastern View, opens this fall. The thought of novice motorists driving to get to class frightens school officials to no end.

But a slowing economy, decreasing revenues and increasing maintenance costs has forced the Virginia Department of Transportation to put the brakes on a number of highly anticipated road projects in Culpeper.

Culpeper man indicted in case of boy found dead in trunk

blog@www.dulaneylauerthomas.com (news Author)5068 — Wed, 18 Jun 2008 08:00:00 EST

A grand jury has indicted a man who police say put a child killed in a car crash into the vehicle's trunk.

Fielding Taylor Kines, 38, of Remington was indicted Monday by a Culpeper County grand jury on charges of driving under the influence and involuntary DUI aggravated manslaughter.

Kines, who was indicted for his alleged role in a May 16 crash that killed Orion Bickings, 8, is to be arraigned July 16.

Virginia State Police said Kines lost control of his car on a northern Culpeper County road, causing the boy to be ejected.

A warrant filed in General District Court also accused Kines of possibly trying to hide the severity of the wreck from police and witnesses by moving the child into the trunk of the wrecked car.

Kines and a 5-year-old child in the car were not injured.

Virginia transportation cuts delay key road construction

blog@www.dulaneylauerthomas.com (news Author)5081 — Wed, 18 Jun 2008 08:00:00 EST

The intersection of Routes 29 and 666 has scared the school board for years now. Even before it chose to build Eastern View High School there.

Long regarded as one of the county's deadliest intersections, 29/666 regularly sees crashes, and suffered a fatality in 2001. Vehicles routinely blow through red lights. And the school system had a bus crash there in 1988, when a collision with a dump truck sent several elementary school children to the hospital.

But funding cuts of more than $600 million to Virginia's transportation departments will leave safety improvements here unfunded. Work could start in 2010, say officials – Eastern View opens this fall.

"When you get teenagers at the end of school – it is not good," said Butch Davies, who sits on the state's Commonwealth Transportation Board. "I am very concerned about it."

That intersection is far from the only project that faces delays.

Body of missing motorcyclist found after tragic Virginia accident

blog@www.dulaneylauerthomas.com (news Author)4902 — Wed, 28 May 2008 08:00:00 EST

Authorities have recovered the body of a motorcyclist who drove off the George Washington Memorial Parkway near Arlington on Monday night.

The body of 22-year-old Nathan Townsend of Alexandria, Va. was found in the woods near the bank of the Potomac River just after 6 a.m. after an exhaustive search of the area.

Townsend was a member of the military stationed in the area.

The northbound lanes of the parkway were closed for much of Tuesday morning while the U.S. Park Police and local fire and emergency teams wrapped up the investigation. They reopened at about 9:30 a.m.

Police believe Townsend was riding on the parkway when his front wheel began to wobble. He lost control of his motorcycle, and went off the road.

Virginia Auto Accident Claims Two Lives

blog@www.dulaneylauerthomas.com (news Author)4860 — Wed, 21 May 2008 08:00:00 EST

wo sisters were killed near Crimora on Tuesday when a sport utility vehicle slammed into their car after they passed a stop sign without slowing down, police said.

Wanda Virginia Stambaugh, 63, of Fredericksburg, was driving a gray 2007 Toyota Corolla west on Route 612 at around 35 mph when she passed the stop sign and proceeded onto Route 340, where the vehicle was broadsided by a southbound blue 1999 Ford Explorer, Virginia State Police Sgt. David Cooper said.

Stambaugh's sister, Barbara Jean Trent, 64, of Gauley Bridge, W.Va., was riding in the passenger seat, Cooper said.

The force of the collision sent both vehicles spinning over a curb-lined flowerbed and into the parking lot of Mike's Tire and Auto, an adjacent gas station and repair shop. The Corolla smashed into a parked 1992 Buick LeSabre before coming to a halt.

Do you text while driving? Md. and Va. drivers admit they do

blog@www.dulaneylauerthomas.com (news Author)4865 — Wed, 21 May 2008 08:00:00 EST

Maryland and Virginia have the dubious distinctions of being ranked fourth and sixth, respectively, when it comes to people who text while driving, a new survey finds.

The survey finds that 36 percent of Marylanders send text messages while driving. In Virginia, the number is 35.6 percent.

Nationwide, 28 percent confessed to "driving while texting."

Vlingo, a company that markets voice-recognition software it says can be used as a substitute for texting, conducted the online survey of 4,820 people. The survey has a margin of error of 1.4 percent.

Ranking No. 1 with the most people who text is South Carolina.

And, the state with the fewest people texting while driving is Arizona.

Virginia Trooper Saves Man From Burning Car

blog@www.dulaneylauerthomas.com (news Author)4785 — Fri, 09 May 2008 08:00:00 EST

For the second time in a week, a Virginia state trooper has rescued a motorist from a burning car on Interstate 66 in Fairfax County, this time after a four-car crash yesterday that left a driver unconscious and his minivan in flames.

Trooper K.J. Brown, 28, is credited with saving the life of James R. Campbell, 72, of Arlington County, who police said had some sort of medical problem as he drove a Dodge Caravan west on I-66 about 11:50 a.m. While Brown was seated in his cruiser, writing a traffic ticket on the left shoulder of the highway, he saw the Caravan veer out of control and strike a Dodge Charger, setting off a chain reaction of collisions, Virginia State Police spokeswoman Corinne Geller said.

The Caravan careened over to the right side of the highway and into an embankment, then started burning. Brown and the motorist he had pulled over dashed to the minivan, Geller said, but the doors were jammed shut.

Brown used his retractable baton to smash out the Caravan's driver-side window and pulled Campbell out, Geller said. A Fairfax fire supervisor who came to the scene told Brown's sergeant that "if the trooper was not there, there's no way the man would have made it," Geller said.

Five injured in four-car Fairfax crash

blog@www.dulaneylauerthomas.com (news Author)4788 — Fri, 09 May 2008 08:00:00 EST

Five people, including a state trooper, were treated for injuries following a four-vehicle crash on Interstate 66 in Centreville. The crash closed westbound lanes of I-66 near the northbound Route 28 exit for more than an hour Wednesday.

The chain reaction began when the driver of a Dodge Caravan lost control of his vehicle due to a medical condition, according to Virginia State Police. The minivan struck a Dodge Charger and both vehicles spun out of control, hitting a Mercury SUV, which rolled twice before coming to rest on its wheels, and a Buick LaSabre.

The Caravan then hit an embankment and began burning. State Police Trooper K.J. Brown witnessed the accident and went to assist the driver of the Caravan. The doors were jammed shut, so Brown broke out a window and pulled the driver out. Shortly afterward, the van was engulfed in flames, police said.

Truck wreck ties up U.S. 29 traffic

blog@www.dulaneylauerthomas.com (news Author)4706 — Tue, 29 Apr 2008 08:00:00 EST

An over-turned box truck tied up traffic along the southbound lanes of U.S. 29 in Nelson County for two hours this morning.

The accident occurred between Rockfish River Road and Laurel Hill Lane, just north of Wood's Mill.

Virginia State Police Trooper Hunter Birckhead said wet road conditions and low traction on the truck's back tires caused the truck to hydroplane before overturning in the right lane. No other vehicles were involved in the accident.

Arlom Gustav Marquez, 29, of Fairfax, was the driver of the truck. He was transported to UVa Medical Center with minor injuries and released, Birckhead said.

Marquez was transporting a small amount of frozen food. He will be charged with reckless driving and defective equipment, Birckhead said.

Government upgrades investigation of 2002-2003 Jeep Liberty

blog@www.dulaneylauerthomas.com (news Author)4707 — Tue, 29 Apr 2008 08:00:00 EST

The government has upgraded an investigation into Chrysler LLC's Jeep Liberty following reports of drivers losing control of their sport-utility vehicles.

The National Highway Traffic Safety Administration said it has received 22 complaints of the upper ball joint separating on either of the front wheels. The problem can lead to the front wheel collapsing, which can disable the vehicle or cause the driver to lose control.

The investigation involves more than 300,000 2002 and 2003 model year Liberty 4X4 SUVs.

Max Gates, a Chrysler spokesman, said Monday the automaker was continuing its investigation. Chrysler has received 74 complaints, but no reports of any accidents or injuries tied to the problem.

Most of the drivers who filed complaints have said the joints separated at speeds of under 20 miles per hour, according to NHTSA. But the government said it received five complaints of the separations happening at speeds of 40 mph or more, including one at 75 mph.

Court reinstates ruling in motorcycle accident wrongful-death suit

blog@www.dulaneylauerthomas.com (news Author)4689 — Sun, 27 Apr 2008 08:00:00 EST

The widow of a Middletown man killed in a 2004 motorcycle accident is entitled to additional compensation from the city tow truck company that was held responsible for her husband's death, the Virginia Supreme Court ruled last week.

In a decision handed down on Friday, the court reinstated a 2006 Frederick County Circuit Court ruling awarding Christa Wright $942,535 in economic losses.

Wright had already been awarded nearly $20,000 for hospital and funeral expenses from the wrongful-death suit she filed against Minnick's Auto Repair in Frederick County Circuit Court.

Wright sued the Winchester tow truck company, claiming Minnick's caused the death of her husband, Anthony Wright, 32.

Anthony Wright died on the day after the July 25, 2004, accident in which his motorcycle crashed on Airport Road in Frederick County.

According to the suit, Minnick's tow truck driver Bernard W. Everhart Jr. backed into the roadway without looking for traffic, which caused Anthony Wright to crash while trying to avoid the truck.

He was wearing a helmet at the time of the crash, according to the Virginia State Police.

The Supreme Court on Friday reinstated the original verdict in the wrongful-death suit, which was tried twice in Frederick County Circuit Court.

Prosecutors Want Teen Tried as Adult in DWI Crash

blog@www.dulaneylauerthomas.com (news Author)4691 — Sun, 27 Apr 2008 08:00:00 EST

Prosecutors in Loudoun County want to press adult charges against a 17-year-old Fairfax County girl charged in a drunken-driving crash that killed a 59-year-old woman.

The teen is charged with aggravated involuntary manslaughter in the death of Kathleen Becker, who was killed September 20th when her vehicle and the teen's collided on a two-lane stretch of Route 15, near Leesburg.

Prosecutors are appealing a November ruling that the girl be tried as a juvenile. They told a Loudoun judge on Thursday that the girl engaged in "binge drinking" and should be tried as an adult. Her defense attorney argued that the case should remain in juvenile court because she is immature, has no criminal record and has demonstrated remorse.

If tried and convicted as an adult, she faces between one and 20 years in prison.

Tests Link Casings from Va. Highway Shootings, Suspect

blog@www.dulaneylauerthomas.com (news Author)4539 — Sun, 30 Mar 2008 08:00:00 EST

Investigators say ballistics tests positively match shell casings found near the scene of six highway shootings in Virginia and casings found inside a vehicle owned by a man charged with the shootings.

The analysis was conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the results were announced Saturday by Virginia State Police.

The ATF lab also matched the casings to a Ruger .22-caliber magnum rifle that was recovered by investigators Friday on the property of Yonder Hill Farm in Crozet.

Five killed in wrecks on Virginia roads

blog@www.dulaneylauerthomas.com (news Author)4466 — Tue, 18 Mar 2008 08:00:00 EST

A 39-year-old Gloucester man died early Sunday when he lost control of the vehicle he was driving and crashed, Virginia State Police said.

Beverly Wade Chandler was driving east on state Route 198, just east of Route 608 in Gloucester County when the car crossed the center line, sideswiped another vehicle, ran off the road and hit a mailbox and then some trees. Chandler, who was wearing a seat belt, died at 9:33 a.m. at the scene, state police said.

He was among five people who died on Virginia roads in the last several days, bringing the total to 143 yesterday, compared with 148 at the same time last year, state police said.

Man injured after getting trapped by toppled rail car

blog@www.dulaneylauerthomas.com (news Author)4471 — Tue, 18 Mar 2008 08:00:00 EST

Officials say a man was seriously injured in Prince William County on Tuesday when a rail car toppled over, trapping him underneath.

Kim Hylander, a spokeswoman for the Prince William County fire department, says the open-top rail car carrying gravel tipped over and onto the man at about 11:30 a.m. Rescuers managed to get him out about 40 minutes later.

Hylander says man was taken by helicopter to Inova Fairfax Hospital.

Car Crash Deaths Increase Starting At Age 12

blog@www.dulaneylauerthomas.com (news Author)4472 — Tue, 18 Mar 2008 08:00:00 EST

Child passengers, ages 12 to 16, are more likely to die in a car crash than younger children, according to a study just released in the Archives of Pediatric and Adolescent Medicine. This risk increases with each teenage year.

Conducted as part of an on-going research collaboration between The Children's Hospital of Philadelphia (CHOP) and State Farm Insurance Companies, the study offers evidence-based guidelines for parents and policymakers to help protect this vulnerable age group. Researchers examined 45,560 crashes involving 8- to 17-year-old passengers.

Between 2000 and 2005, 9,807 passengers in this age group died in crashes. "We saw a clear tipping point between ages 12 and 14, where child passengers became much more likely to die in a crash than their younger counterparts," says Flaura Koplin-Winston, M.D., Ph.D., founder and co-scientific director of the Center for Injury Research and Prevention at CHOP.

Red-light Cameras Increase Crashes

blog@www.dulaneylauerthomas.com (news Author)4450 — Wed, 12 Mar 2008 08:00:00 EST

Rather than improving motorist safety, red-light cameras significantly increase crashes and are a ticket to higher auto insurance premiums, researchers at the University of South Florida College of Public Health conclude. The effective remedy to red-light running uses engineering solutions to improve intersection safety, which is particularly important to Florida's elderly drivers, the researchers recommend.

"The rigorous studies clearly show red-light cameras don't work," said lead author Barbara Langland-Orban, professor and chair of health policy and management at the USF College of Public Health.

"Instead, they increase crashes and injuries as drivers attempt to abruptly stop at camera intersections. If used in Florida, cameras could potentially create even worse outcomes due to the state's high percent of elderly who are more likely to be injured or killed when a crash occurs."

Va. Tech Sophomore From Manassas Hit by Car, Killed

blog@www.dulaneylauerthomas.com (news Author)4371 — Thu, 28 Feb 2008 08:00:00 EST

Christine McNabb, 20, of Manassas had just parked her car in the Cage, the fenced-in parking lot on the Virginia Tech campus in Blacksburg on Saturday evening. At 6:23 p.m., she stepped into the crosswalk on Duckpond Drive with four other people. In seconds, a car plowed into four of the five pedestrians.

Three and a half hours later, McNabb's heart stopped beating, and she was pronounced dead.

A 'Nightmare' Tractor Trailer Collision On I-81

blog@www.dulaneylauerthomas.com (news Author)4373 — Thu, 28 Feb 2008 08:00:00 EST

A second person died late Tuesday in a medical helicopter on the way to the University of Virginia Medical Center after a tractor-trailer struck a passenger van on Interstate 81 in the city, police said.

Linda A. Solorzano, from Buffalo, N.Y., a 48-year-old passenger in the van, died shortly before midnight. The driver of the van, her 38-year-old husband, Isaac Santos, died instantaneously, police said.

Two people in the tractor-trailer sustained non-life-threatening injuries, police said.

Does Bad Credit Mean Higher Premiums?

blog@www.dulaneylauerthomas.com (news Author)4329 — Tue, 26 Feb 2008 08:00:00 EST

Does having bad credit make you a driver who is more likely to have an accident?

Most of the large personal auto insurance companies use credit data as one of the factors in determining if they want to insure you and the rates you will be charged. Is this justified? Well, the facts seem to indicate that there is a connection between your credit record and the likelihood that you will file an auto insurance claim. According to one study, bad credit risks file 40% more claims and pay up to 50% more in car insurance premiums than a person with good credit. The use of credit risk scores in selling you insurance is subject to the laws of your state.

Auto Insurers Boost Premiums on Injury, Crash Costs

blog@www.dulaneylauerthomas.com (news Author)4280 — Sun, 17 Feb 2008 08:00:00 EST

Allstate Corp. and Progressive Corp. are leading the push by U.S. auto insurers to raise premiums in at least 20 states as the $160 billion industry moves to end two years of price reductions.

Insurers say they need higher prices to counter climbing repair and medical costs. Allstate, ranked second by premiums, said collision bills rose 2.2 percent in the fourth quarter from a year earlier and payouts for injuries gained 9.3 percent. Safeco Corp., which gets almost half its total premiums from drivers, reported a $19 million loss on auto underwriting.

DUI Bill Passes Virginia House of Delegates

blog@www.dulaneylauerthomas.com (news Author)4289 — Sun, 17 Feb 2008 08:00:00 EST

The General Assembly is looking keep drunk drivers off Virginia roads. A bill has been approved by the House of Delegates that would require ignition interlock devices for first time DUI offenders.

If you have one too many and get behind the wheel Virginia law is clear. You will be punished. You will receive heavy fines, jail time, and your license will be taken away. But now lawmakers want to see if they can prevent the drunk driving to begin with.

84th District Delegate Sal Iaquinto (R) stated, "This is the one way to make sure before a person gets on the road with alcohol in their system that we can make sure that they don't get on the road."

Arlington Nurse Accused of Assaulting Patient

blog@www.dulaneylauerthomas.com (news Author)4116 — Sun, 27 Jan 2008 08:00:00 EST

A male nurse at Virginia Hospital Center turned himself in, accused of assaulting a patient.

Adebowale Adefolaju, 51, of Lanham, Md., allegedly inappropriately touched a female patient on two occasions. Police say he worked the night shift at the hospital through a contracting agency.

Adefolaju would come into the room and tell the patient he was going to give her a massage and then he would assault her, police say.

Gun-Show Loophole to Remain Open in Virginia

blog@www.dulaneylauerthomas.com (news Author)4117 — Sun, 27 Jan 2008 08:00:00 EST

A state Senate committee has killed legislation backed by families of the Virginia Tech shooting victims to close a loophole that allows criminals and the mentally ill to buy firearms at gun shows without a background check.

The Courts of Justice Committee voted 9-6 Wednesday to reject the bill before sending it to the Virginia State Crime Commission for study.

A House of Delegates committee last week rejected similar legislation, so the issue appears to be dead for this General Assembly session.

Teen Drivers Would Benefit From Greater Restrictions

blog@www.dulaneylauerthomas.com (news Author)4085 — Wed, 23 Jan 2008 08:00:00 EST

Most states have graduated licensing for teen drivers but such programs should be even more restrictive, according to a study by the University of Michigan Transportation Research Institute.

"Motor vehicle crashes are the greatest single health threat to teens," said UMTRI researcher C. Raymond Bingham. "Little or no positive change has occurred in teen crash numbers in the past 10-15 years. Clearly, current measures aimed at curbing teen drivers' involvement in crashes are not sufficient."

No Ban on Driving While Texting... Yet

blog@www.dulaneylauerthomas.com (news Author)4065 — Sun, 20 Jan 2008 08:00:00 EST

Teens already are banned from using cell phones while driving, but a bill was introduced earlier this month to ban adults from sending text messages at the wheel.

On Tuesday, the House Transportation Committee referred a bill to ban sending text messages while driving to the Joint Commission on Technology and Science. The decision was made by voice vote, and it effectively kills the bill for the 2008 General Assembly session.

The purpose of JCOTS, which meets between legislative sessions, is to research policy-related science and technology issues. Del. Joe May (R- western Loudoun) and other members of the Transportation Committee, believe the technology aspects of the bill need more research.

Virginia General Assembly to Target Dangerous Driving Habits

blog@www.dulaneylauerthomas.com (news Author)4051 — Tue, 15 Jan 2008 08:00:00 EST

Several bills to ban specific behavior while driving, including one to outlaw driving with a dog or other animal in one's lap, are headed for votes in the House Committee on Transportation. Virginia's first proposed ban on driving with a lap dog, House Bill 533, follows a pair of bills to ban text messaging while driving that are being debated in similar fashion with some delegates questioning how many bad driving behaviors should be outlawed and with what specificity.

Virginia nears a 17-year high in number of traffic deaths

blog@www.dulaneylauerthomas.com (news Author)3959 — Wed, 26 Dec 2007 08:00:00 EST

Governor Timothy M. Kaine is urging all drivers and passengers to help slow the number of lives being lost on Virginia's highways this year. As of Dec. 6, the Commonwealth experienced more fatalities in 2007 than in all of 2006. At the current rate of traffic deaths, Virginia's 2007 highway death toll could break 1,000 traffic fatalities for the first time since 1990. "For the first time in 17 years, Virginia may lose 1,000 lives to traffic crashes," said Governor Kaine. "With thousands expected to take to the roads for the holidays, drivers and passengers need to take responsibility and help ensure that everyone arrives at their destinations safely this holiday season."

Crash Tests Predict Fatality Risk In Cars, Not In Trucks

blog@www.dulaneylauerthomas.com (news Author)3964 — Wed, 26 Dec 2007 08:00:00 EST

Frontal crash tests in laboratories are strong predictors of passenger cars' safety on the road, though they fail to accurately project driver fatality risks for trucks, according to a recent Virginia Commonwealth University study. The study examined the frontal crash test ratings that vehicles received from the National Highway Traffic Safety Administration, NHTSA, and compared them to fatality rates in the vehicles. It also compared a smaller sample of test ratings given by the privately funded Insurance Institute for Highway Safety, IIHS, which uses a 40-percent frontal offset crash test, with the vehicles' fatality rates. The results indicate that the crash tests held by NHTSA and the IIHS are successful in predicting real-world crash outcomes for passenger cars -- the ratings NHTSA and IIHS bestowed on passenger cars generally matched the cars' safety record on the road. However, the ratings for trucks did not match real-world outcomes. For example, in the case of both NHTSA and IIHS, trucks that received the worst possible crash-test rating had on average lower driver fatality rates than trucks that received the best possible crash-test rating.

Weak Federal safety standards for bumpers mean more cost to you

blog@www.dulaneylauerthomas.com (news Author)3923 — Thu, 20 Dec 2007 08:00:00 EST

An insurance group is again raising concerns about vehicle bumpers - those of minivans this time - contending that weak federal standards permit automakers to build cars that suffer thousands of dollars in collision damage even in impacts at walking speed. The industry-funded research group, the Insurance Institute for Highway Safety, based in Arlington, Va., says the worst performer among six 2008 minivans it recently subjected to four low-speed crash tests was the Nissan Quest, with resulting damage that would have cost more than $8,000 to repair. "It's damage that consumers shouldn't have to pay for, or put up with the aggravation of having to get their vehicles repaired," institute senior vice president Joe Nolan said in a statement.

N.Va. man killed in Fairfax wreck

blog@www.dulaneylauerthomas.com (news Author)3893 — Thu, 13 Dec 2007 08:00:00 EST

A 27-year-old Northern Virginia man was killed Monday when he lost control of a car on a ramp to Interstate 495 in Fairfax County and hit a tree. State police said David Mario Brandt of Annandale wrecked about 11:15 p.m. about 500 feet north of Gallows Road. Virginia's 2007 highway death toll yesterday was 967, compared with 912 as of the same day last year.

DC and Virginia Nursing Homes Make Dubious List

blog@www.dulaneylauerthomas.com (news Author)3895 — Thu, 13 Dec 2007 08:00:00 EST

Fifty-four nursing homes are being told by the government that they're among the worst in their states in an effort to goad them into improving patient care. Lawmakers and advocacy groups have been pushing the Bush administration to make it easier for consumers to identify poorly performing nursing homes. They complain that too many facilities get cited for serious deficiencies but don't make adequate improvement, or do so only temporarily. The administration agreed, and the Centers for Medicare and Medicaid Services will list the homes on its Web site Thursday. "Very, very poor quality nursing homes do not deserve to be left untouched or unnoticed," said Sen. Herb Kohl, D-Wis., chairman of the Senate Special Committee on Aging. "This is not to be punitive. That's not our goal. Our goal is to see to it that the people in these nursing homes get better quality care or that they get the opportunity to move somewhere else."

Breathalyzer Case Could Overturn DUIs

blog@www.dulaneylauerthomas.com (news Author)3749 — Wed, 28 Nov 2007 08:00:00 EST

Most DUI cases in recent years could be overturned, pending a decision from the state Department of Motor Vehicles. The certified Breathalyzer test used by police in Connecticut is not accurate, some attorneys claimed Tuesday in hopes of urging the state to change policies. The penalty for drivers charged with DUI is the loss of their license for three months. "It would be a difficult position for the department," said John Yacavone, chief legal counsel for the DMV. Channel 3 Eyewitness News reporter Hena Daniels reported a Superior Court judge ordered the DMV to conduct a hearing as opposing attorneys are trying to prove that all Breathalyzer tests taken by the Intoxilyzer 5000 are inaccurate.

Fauquier crash kills Oklahoma resident

blog@www.dulaneylauerthomas.com (news Author)3745 — Tue, 27 Nov 2007 08:00:00 EST

An Oklahoma woman died yesterday at the scene of a two-vehicle crash in Fauquier County. Virginia State Police reported that Diannah M. Parker, 74, was a passenger in a pickup truck traveling south about 3:22 p.m. on state Route 626, 1½ miles east of state Route 688. When the truck changed lanes, it was struck by a car, causing it to go over a guardrail and down an embankment. Parker was wearing a seat belt, police said. State police also reported three other fatalities, bringing Virginia's 2007 highway death toll to 927 yesterday, compared with 867 at the same time last year.

Slain Stafford motorist possessed DUI record

blog@www.dulaneylauerthomas.com (news Author)3731 — Sat, 24 Nov 2007 08:00:00 EST

A motorist fatally shot by a state trooper along Interstate 95 in Stafford County during the weekend had been convicted of multiple DUI and reckless-driving charges, court records show. Virginia State Police yesterday would not say whether Marc D. Greenberg, 41, was wanted on outstanding warrants when he sped from a Stafford sheriff's deputy who tried to pull him over Sunday because of an expired registration.

MADD Kicks Off Annual Safe Driving Campaign

blog@www.dulaneylauerthomas.com (news Author)3716 — Thu, 15 Nov 2007 08:00:00 EST

As part of the Tie One On For Safety program, Toll Road Investments Partnership II, owners of the Dulles Greenway, have joined Loudoun's MADD chapter for the past nine years and assisted in getting the word out to drivers. Each toll collector will be handing out MADD's red ribbons as well as educational materials to each driver that comes through a tollbooth. "We have trained all toll collectors to recognize impaired drivers and call them in," Ann Huggins-Lawler, representative of the Dulles Greenway, said. "We want to help send a clear message that drinking and driving don't mix." Kurt Erickson, from Washington Regional Alcohol Program, also announced that the nonprofit would again offer its Sober Ride, a program that offers free cab rides to impaired people if they call 1-800-200-TAXI. The program will run from Dec. 7 to Jan. 1, 2008.

Three killed in local Virgina road crashes

blog@www.dulaneylauerthomas.com (news Author)3711 — Tue, 13 Nov 2007 08:00:00 EST

A man standing in the road was struck and killed in King George County this weekend in one of several fatal car accidents. In Culpeper, a man was charged in the death of a woman. Her husband was injured. In Louisa, a Fredericksburg man died when he hit a tree. His two passengers were injured. In King George, a man standing in the middle of U.S. 301 Sunday night was struck by a car and killed, state police said.

Bealeton teen hurt in a two-car crash

blog@www.dulaneylauerthomas.com (news Author)3306 — Thu, 30 Aug 2007 08:00:00 EST

The incident reportedly occurred at the intersection of Route 28 (Catlett Road) and Independence Avenue in Bealeton just before 5 p.m. The 17-year-old, who was driving a 1995 Mercury Tracer, had stopped on Independence Avenue, according to a Fauquier County deputy's report. But when it was his turn to proceed, the teen allegedly went straight instead of making a right turn. Oliver H. Corbin, 65, of Catlett was driving a 1999 GMC north on Route 28 when he hit the teen's car, police said. The impact pushed the Tracer into a nearby fence. The teen was medivaced from the scene, police said. Corbin and two others were also transported to the hospital by EMS personnel. Charges are pending.

Hams guide rescue crew

blog@www.dulaneylauerthomas.com (news Author)3307 — Thu, 30 Aug 2007 08:00:00 EST

Alert action by two ham radio operators recently helped bring speedy assistance to the scene of a recent two-car collision near northern Stafford County. During a heavy rainstorm on July 27, KG4UCM was driving south on State Route 612 in Fauquier County along the western edge of Quantico Marine Corps Base. "I took that route," he said, "because, in that weather, I thought it would be safer and easier than I-95." At 6:30 p.m. he came upon two cars that had plunged into the southbound ditch. They had collided head-on minutes earlier. Other vehicles had stopped. Debris was in the road and people were running back and forth. For more information, follow the link below.

Warrenton woman charged in wreck

blog@www.dulaneylauerthomas.com (news Author)3122 — Tue, 31 Jul 2007 08:00:00 EST

A Warrenton woman was charged with DUI and other traffic violations after she was involved in a car crash July 22. A Fauquier deputy's report indicates that the crash happened in the 11000 block of Marsh Road (U.S. 17) in Bealeton at 12:36 a.m For more information, follow the link below.

Man charged in four-car collision

blog@www.dulaneylauerthomas.com (news Author)3123 — Tue, 31 Jul 2007 08:00:00 EST

Police said a Marshall man was charged with following too close after he was involved in a four-car crash July 20. The wreck reportedly occurred in the 6400 block of John S. Mosby Highway near Upperville at approximately 5:09 p.m. For more information, follow the link below.

Drunk, dangerous driving will cost big money

blog@www.dulaneylauerthomas.com (news Author)2955 — Fri, 29 Jun 2007 08:00:00 EST

Virginia drivers who drive drunk or dangerously after July 1 will pay for it in the pocketbook when new civil fees go into effect. Anyone with a Virginia driver's license who is convicted of driving drunk or other selected offenses will have to pay up to several thousand dollars. For more information, follow the link below.

Virginia Tech student injures eight while driving drunk

blog@www.dulaneylauerthomas.com (news Author)2956 — Fri, 29 Jun 2007 08:00:00 EST

The accident occurred at the 200-block of South Main Street, in front of Boudreaux's and Big Al's, as the driver headed north in a 2001 silver Toyota RAV-4. After passing the Jackson street intersection, the driver swerved into the southbound lanes, knocking down a small tree and light pole as the vehicle crashed into eight pedestrians. For more information, follow the link below.

Motorist charged with DUI

blog@www.dulaneylauerthomas.com (news Author)2778 — Sat, 02 Jun 2007 08:00:00 EST

A resident of The Plains was reportedly charged with DUI after he was involved in a single-vehicle accident on Saturday night. According to a Fauquier deputy's report, the wreck happened shortly after 8 p.m. in the 2500 block of Bull Run Mountain Road north of The Plains. For more information, follow the link below.

Stafford County man dies in wreck

blog@www.dulaneylauerthomas.com (news Author)2779 — Sat, 02 Jun 2007 08:00:00 EST

A 42-year-old Stafford County man was killed yesterday when his car ran off the road and hit a tree in Fauquier County. State police said Rodney Tim Mosley was driving northbound on state Route 612, just north of state Route 639, about 10:40 a.m. when he lost control of his car and hit a tree. He died at the scene. For more information, follow the link below.

Teenager Charged With Posession of Alcohol After Crash

blog@www.dulaneylauerthomas.com (news Author)2607 — Tue, 01 May 2007 08:00:00 EST

Bealeton teen was charged with reckless driving and possession of alcohol while underage after she was involved in a car crash on Saturday, police said. According to a Fauquier deputy's report, Jessica L. Hatton, 18, was driving a 2000 Ford Mustang on Beach Road when it went off the right side of the road and hit several trees. Hatton reportedly told the deputy she was attempting to miss a deer. She was not hurt in the crash, according to the report.

Henrico County Settles in Wrongful Death Case

blog@www.dulaneylauerthomas.com (news Author)2608 — Tue, 01 May 2007 08:00:00 EST

Henrico County has agreed to pay $500,000 to settle a wrongful death suit brought by the estate of Dana Quarles. The Varina High School student was hit by a car after getting off a school bus. The estate sought $5 million from the Henrico County School Board, the school bus driver and the car's driver. For more information, follow the link below.

Dulaney Lauer and Thomas Helping the Injured in Western Prince William

blog@www.dulaneylauerthomas.com (news Author)2397 — Thu, 22 Mar 2007 08:00:00 EST

Like it or not, development is coming to Western Prince William County. And there will be specific legal issues that will arrive part and parcel with every road, home, school and shopping center that will be built over the next few years. For more information, follow the link below.

Lynchburg teen killed in crash

blog@www.dulaneylauerthomas.com (news Author)2398 — Thu, 22 Mar 2007 08:00:00 EST

A Lynchburg teenager was killed Tuesday when he lost control of a pickup truck and collided with a tractor-trailer in Amherst County. For more information, follow the link below.

Head-on collision on U.S. 15 takes life of Haymarket man

blog@www.dulaneylauerthomas.com (news Author)2399 — Thu, 22 Mar 2007 08:00:00 EST

A Haymarket man died March 11 from injuries sustained in a head-on collision last month on U.S. 15 in Loudoun County, near the Prince William County line. Talmage Eugene Simpkins, 79, of Haymarket was traveling south on U.S. 15 in a 2002 Buick Park Avenue, just after 1 p.m. on Feb. 24, when a 1991 Chevrolet station wagon struck him head-on. For more information, follow the link below.

State Farm Again Posts Record Profit. CEO Gets 82% Raise.

blog@www.dulaneylauerthomas.com (news Author)2388 — Mon, 19 Mar 2007 08:00:00 EST

Filing for Workers' Comp Benefits? Get Ready For A Fight

blog@www.dulaneylauerthomas.com (news Author)2317 — Fri, 02 Mar 2007 08:00:00 EST

Injured workers are finding it harder and harder to get fair treatment these days. DuLaney Lauer and Thomas tell you what to expect if you get injured on the job.

Virginia auto workers not eligible for extended federal jobless benefits

blog@www.dulaneylauerthomas.com (news Author)2318 — Fri, 02 Mar 2007 08:00:00 EST

NORFOLK -- Three weeks ago, workers and former employees at Ford Motor Co.'s plant learned they might qualify for extra federal benefits, including reimbursement of moving costs and $10,000 worth of retraining. Turns out, most of them can't get the sweetest option - up to two years in additional unemployment insurance. Ford workers say they've been told by the Virginia Employment Commission that they will be shut out of that benefit because of how Ford's severance calculations and the state's employment law are structured. For more information, follow the link below.

Progressive Insurance: Art for Profit's Sake

blog@www.dulaneylauerthomas.com (news Author)2120 — Mon, 29 Jan 2007 08:00:00 EST

Progressive Insurance owns the most valuable collection of American art in the world. So why do they nickle and dime thier policy holders? For more information, follow the link below.

Fiery Crash Kills Three, Injures One

blog@www.dulaneylauerthomas.com (news Author)2122 — Mon, 29 Jan 2007 08:00:00 EST

Three people died and one person was injured early yesterday in a three-vehicle crash involving a gasoline tanker on westbound Interstate 66. The tanker's cab, a Volvo station wagon and a Jeep caught fire after the 3:50 a.m. crash near the ramp for the Fairfax County Parkway, said Sgt. Terry Licklider, a spokesman for the Virginia State Police. For more information, follow the link below.

Nursing Homes Susceptible to Norovirus

blog@www.dulaneylauerthomas.com (news Author)2123 — Mon, 29 Jan 2007 08:00:00 EST

This isn't your ordinary "stomach bug." "Literally in a matter of 45 minutes to an hour, I was sick as a dog", said Dr. Lori Lewis who works at Frankford Bucks Hospital. Her husband, John, got it too, "I felt this turn in my stomach and it woke me up and it was almost simultaneous vomiting and diarrhea." For more information, follow the link below.

Insurance Companies AGAIN Enjoy Record Profits in '06 -- Look Forward to More in '07.

blog@www.dulaneylauerthomas.com (news Author)2055 — Sat, 20 Jan 2007 08:00:00 EST

Need insurance company contact information? Click here.

blog@www.dulaneylauerthomas.com (news Author)2016 — Tue, 02 Jan 2007 08:00:00 EST

Insurance companies arent always easy to get ahold of, especially if you are trying to file a claim. Dulaney, Lauer and Thomas is pleased to provide you with the contact information for every major insurance company in America.

Crashes Tied to Alcohol Decline

blog@www.dulaneylauerthomas.com (news Author)2018 — Tue, 02 Jan 2007 08:00:00 EST

Alcohol-related crashes and injuries have been declining in the Washington suburbs and fatalities have dropped significantly, a new two-year study shows. Even as New Year's Eve remains the most dangerous night for drunken driving crashes, the developments are fueling optimism among the people whose mission is to push for sobriety behind the wheel.

Rubber-necking causes crash

blog@www.dulaneylauerthomas.com (news Author)1914 — Tue, 28 Nov 2006 08:00:00 EST

Curiosity about one car crash allegedly caused another one on Friday morning. According to a Fauquier deputy's report, the wreck happened in the 7000 block of James Madison Highway (U.S. 17) north of Warrenton shortly after 11 a.m. Phillis Ann Kent, 60, of Marshall, was driving a Chevrolet Silverado pickup truck when traffic slowed for state police, who were investigating another crash. "The driver of vehicle one looked over at the accident and did not realize that vehicle number two (a Fauquier County school bus) had stopped for traffic," the report states. "This was when vehicle number one rear-ended vehicle number two." Kent "admitted that the accident was her fault and took full responsibility," according to the report. No one was injured and Kent was not charged in connection with the accident

ATRA Fights for The Rights of Big Business

blog@www.dulaneylauerthomas.com (news Author)1862 — Thu, 02 Nov 2006 08:00:00 EST

The ATRA recently designated Cook County, Illinois as a "Judicial Hellhole." But is it "frivolous lawsuits" clogging up the courts, or is it the contract disputes of big business?

Indiana Man Wins $20 Million Verdict v. Allstate

blog@www.dulaneylauerthomas.com (news Author)1801 — Mon, 09 Oct 2006 08:00:00 EST

A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million. Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly. For the whole story, follow the link below.

Insurance Companies Post Record Profits In 2005.

blog@www.dulaneylauerthomas.com (news Author)1729 — Tue, 12 Sep 2006 08:00:00 EST

This article details how the insurance industry posted record profits in 2005, even after factoring in claims associated with Hurricane Katrina. Industry wide profits were up 19% over the previous year. The insurers' cash reserves were up as well.

Louisiana Ruling Gives Hurricane Victims More Options

blog@www.dulaneylauerthomas.com (news Author)1713 — Wed, 06 Sep 2006 08:00:00 EST

BATON ROUGE, La. -- A state judge Wednesday ruled as constitutional two new state laws giving insurance policyholders more time to sue their insurers or file claims over damage from hurricanes Katrina and Rita. District Court Judge Kay Bates, who read her ruling from the bench, said the extension of the time periods doesn't expand citizens' rights under existing contracts but gives those who were displaced by the storms more time to enforce their rights. For more information, please follow the link below.

GEICO's Advertising Costs at $502 Million in 2005

blog@www.dulaneylauerthomas.com (news Author)1697 — Tue, 05 Sep 2006 08:00:00 EST

While GEICO's advertisements might be flashy and clever, they do very little to tell you how you will be treated if you actually need your insurance company's help. Follow the link for more information.

New Book Details Allstate's Unfair Claims Handling

blog@www.dulaneylauerthomas.com (news Author)1486 — Wed, 17 May 2006 08:00:00 EST

National Highway Traffic and Safety Administration Releases Annual Crash Predictions

blog@www.dulaneylauerthomas.com (news Author)1437 — Sun, 23 Apr 2006 08:00:00 EST

The NHTSA has released its annual projections for crashes and fatalities on our nation's highways. Traffic fatalitites are expected to increase by 1%, while injuries caused by crashes are expected to decline by 4%. To view the entire report, please follow the link below.

Legal "reform" in Texas does more harm than good. A lesson for other states.

blog@www.dulaneylauerthomas.com (news Author)1420 — Tue, 18 Apr 2006 08:00:00 EST

Business lobbying group issues misleading radio ads, billboards as part of attack on W.Va. civil justice system.

blog@www.dulaneylauerthomas.com (news Author)1388 — Thu, 06 Apr 2006 08:00:00 EST

Bad Faith in the Insurance Industry - A Woman's Fight Against an Insurance Giant

blog@www.dulaneylauerthomas.com (news Author)1324 — Wed, 15 Mar 2006 08:00:00 EST

How the media helps the insurance industry promote the myth of America's "lawsuit crisis."

blog@www.dulaneylauerthomas.com (news Author)1325 — Wed, 15 Mar 2006 08:00:00 EST

Tort Reform and Your Civil Rights

blog@www.dulaneylauerthomas.com (news Author)1327 — Wed, 15 Mar 2006 08:00:00 EST

Trial lawyers stand up for every-day Americans injured through no fault of their own and assure that regular Americans get a fair shake-even against the wealthiest and most powerful corporations. Supporters of so-called tort "reform" claim that too many lawsuits have led to an excessive burden on our economy. They also charge that juries can no longer be trusted to render fair verdicts. But the truth belies these assertions.

Tractor Trailor Defensive Driving Guidelines

blog@www.dulaneylauerthomas.com (news Author)1308 — Thu, 09 Mar 2006 08:00:00 EST

In 2004, accidents involving large, heavy trucks accounted for 5,190 fatalities and about 116,000 injuries. These figures have remained at or close to the same level over the past nine years. The most often-cited contributing factors to big truck crashes are: truck-driver fatigue or lapses in alertness, paying drivers only for miles driven, substandard brakes, overusing stimulants to stay awake, drivers breaking the hours-of-service (HOS) rules, and unsafe driving by motorists. Along with truck drivers, motorists have a responsibility to be aware of their own fatigue, to avoid risky driving and to know what precautions to take when driving in the vicinity of a large truck. The Following Information is Adapted from the American Trucking Associations: * Never cut in front of a truck. At 55mph, fullly loaded trucks take the length of a football field to stop - 50% farther than a car. Be sure you're at least four car lengths in front of the truck. * Don't linger alongside. There are large blind spots around trucks where cars disappear from the driver's view. Check the trucks side mirrors: If you can't see the driver's face, ther driver can't see you. To get out of left and right blind spots, pass quickly or slow down. * Pass on the left. The blind spot on the right runs the length of the trailor and extends out three lanes. It's safer to pass on the left. * Keep a safe distance. To avoid blind spots when behind a truck, stay back 20-25 car lengths, if possible.

Drunk Driving in Virginia - Statistics Revealed

blog@www.dulaneylauerthomas.com (news Author)1309 — Thu, 09 Mar 2006 08:00:00 EST

For one of every 170 miles driven in Virginia in 1999, a person with a blood alcohol concentration (BAC) >.08 sat behind the wheel. Police in Virginia reported 10,942 crashes involving a driver or pedestrian with a BAC of .01 or more. Formulas developed by NHTSA were used to estimate the number of alcohol-related crashes where alcohol involvement was not reported by the police. An estimated total of 89,060 crashes in Virginia involved alcohol which killed 320 and injured an estimated 14,200 people. Impaired Driving by Blood Alcohol Concentration (BAC) In 1999, Virginia drivers with: • BACs of .10 and above were involved in an estimated 84,700 crashes that killed 246 and injured 12,400 • BACs between .08-.09 were involved in an estimated 1,460 crashes that killed 22 and injured 600 • Positive BACs below .08 were involved in an estimated 2,900 crashes that killed 52 and injured 1,200 COSTS Alcohol is a factor in 24% of Virginia's crash costs. Alcohol-related crashes in Virginia cost the public an estimated $2.6 billion in 1999, including $1.4 billion in monetary costs and almost $1.2 billion in quality of life losses. Alcohol-related crashes are deadlier and more serious than other crashes. People other than the drinking driver paid $1.7 billion of the alcohol-related crash bill. Costs perAlcohol-Related Injury The average alcohol-related fatality in Virginia costs $3.5 million: • $1.2 million in monetary costs • $2.3 million in quality of life losses The estimated cost per injured survivor of an alcohol-related crash averaged 101,000: • $50,000 in monetary costs • $51,000 in quality of life losses Costs per Mile Driven Crash costs in Virginia averaged: • $4.80 per mile driven at BACs of .10 and above • $2.10 per mile driven at BACs between .08-.09 • $0.10 per mile driven at BACs of .00 Costs per Drink The societal costs of alcohol-related crashes in Virginia averaged $0.90 per drink consumed. People other than the drinking driver paid $0.60 per drink. Impact on Auto Insurance Rates Alcohol-related crashes accounted for an estimated 21% of Virginia's auto insurance payments. Reducing alcohol-related crashes by 10% would save $54 million in claims payments and loss adjustment expenses. The estimates reported here were produced under National Highway Traffic Safety Administration Contract DTNH22-98-D-35079, Task Order 7. Contact Information: Pacific Institute for Research and Evaluation (PIRE) 11710 Beltsville Drive, Suite 300 Calverton, Maryland 20705-3102 301-755-2700

The Truth about "Frivolous Lawsuits"

blog@www.dulaneylauerthomas.com (news Author)1287 — Tue, 07 Mar 2006 08:00:00 EST

Business lobbyists and their political allies have created a perception that America's legal system has run amok. They point the finger at consumer and patient lawsuits, which they imply are concocted by "greedy trial lawyers." They argue that lawsuits have detrimental effects on society and the economy, and effectively suggest that people should turn the other cheek when their rights are violated. President Bush and Vice President Cheney mimic these erroneous claims and make attacks on the legal system a central part of their campaign stump speeches. "See, everybody is getting sued," says the President, and the lawsuits are "junk and frivolous."

Number of pro-business lobbyists in D.C. has doubled in five years

blog@www.dulaneylauerthomas.com (news Author)511 — Sat, 02 Jul 2005 08:00:00 EST

The number of registered lobbyists in Washington, D.C. has doubled during George W. Bush's administration, climbing from 16,342 in 2000 to 34,785 today. Charging as much as $1000 an hour and promising big results, the new wave of pro-active lobbying peddles influence on Capitol Hill like never before, reducing regulations on businesses and the insurance industry; influencing the federal tax code; and promoting more government spending in ways that deliver record profits to corporate America. Read the full article. - Washington Post, 6/25

Are Lawsuits Really Driving Doctors Out of Business?

blog@www.dulaneylauerthomas.com (news Author)506 — Mon, 27 Jun 2005 08:00:00 EST

The insurance industry argues that weakening our legal system will strengthen the economy and improve access to health care. This is incorrect. The tort system ensures that the costs of injuries are borne by those who cause them, thus compensating victims and deterring unsafe conduct. Data shows: (1) doctors are not leaving states with high malpractice premiums; (2) unsuccessful lawsuits (often termed "frivolous") have little impact on health care costs; (3) lawsuit filings have decreased since 1992, and that the median jury award for personal injury cases fell 30 percent between 2000 and 2002.