The growing concern over texting while driving has reached a peak in an unlikely place: Utah. Florida legislators should pay attention.
Utah, with its Republican legislature and generally conservative values, not only has banned texting while driving but labeled it as inherently reckless -- much like driving under the influence.
Under a law passed in May, a motorist caught texting and driving faces up to three months in jail. If the driver causes death or injury, he or she could be sentenced to 15 years in prison. The law was in response to a car crash that killed two scientists.
"It's a willful act," Lyle Hillyard, a Republican state senator, told The New York Times. "If you choose to drink and drive or if you choose to text and drive, you're assuming the risk."
More than a dozen states ban texting while driving, but usually as a misdemeanor involving a relatively small fine.
Florida has no ban whatsoever.
That needs to change -- and will if the Legislature finally passes and the governor signs a bill proposed by state Rep. Doug Holder, R-Sarasota.
Holder's legislation
Holder filed anti-texting bills in the last two legislative sessions, but they went nowhere. He recently filed another one for next spring's session.
Holder's bill would prohibit operating "a moving motor vehicle while reading, manually writing or typing, or sending a message on an electronic wireless communications device." Exceptions are made for reporting a crime, summoning medical or emergency help, or trying to prevent injury.
The penalty under Holder's measure, however, is fairly soft. A violation would be "a noncriminal traffic infraction, punishable as a nonmoving violation." Violators could be assessed a fine and community service.
The cautious nature of Holder's bill, and of similar laws passed in other states, is understandable. Texting is a relatively new practice and enforcement of a ban can be difficult. It's hard for officers to see a small electronic device inside a vehicle. Efforts to confiscate phone records to determine when a driver was texting are subject to search-and-seizure and privacy defenses. Even if the records are obtained, it's difficult to prove a driver was texting while the car was moving rather than idled at a stoplight.
Yet, both research and the Utah case suggest that the Legislature should not only pass but toughen Holder's bill.
Recognize the dangers
Studies show that "texting drivers regularly focus on their screens for stretches of more than five seconds," The New York Times has reported. That's enough time for a car going 60 mph to travel more than the length of a football field.
Research at the University of Utah shows that texting car drivers are eight times more likely to crash than drivers who aren't texting. The Virginia Tech Transportation Institute found that truckers who text while driving are 23 times more likely to cause a crash or near-crash than truckers who don't.
To charge a texting driver with recklessness, legal experts say, a prosecutor must prove that the driver knew of the risks.
The severity of the Utah law and the nationwide publicity it has attracted have helped make drivers in that state recognize the dangers involved when they text.
Drivers in Florida should understand those risks as well.
Source
Saturday, November 28, 2009
Sunday, November 15, 2009
New texting while driving ban law goes into effect today
Apparently it’s serious enough for a new Missouri law going into effect today that prohibits drivers of 21 years of age or younger from sending, reading or writing electronic messages while driving.
“Young people will be forced to at least keep their fingers off their keyboards while they drive,” said Leanna Depue, director of Highway Safety or the Missouri Department of Transportation. “The law is a small step toward counteracting some of the distracted driving that causes crashes in Missouri.”
For parents who have their teens sons or daughters whine about the new law, about such laws “invade their privacy,” tell them to jump on You Tube and watch a horrific public service announcement from Wales, United England, concerning the bloody consequences of a text-driven accident on a multi-lane highway.
In the video — just type in “PSA Texting Wales” — it shows three giggling teens in a car trying to text a good looking guy and, as we often see in real life, paying little attention to the road. It then shows their vehicle smashing head-on with a second car in the opposite lane. Seconds later, a third vehicle smashes into the first two.
One of the most chilling parts is a beautiful baby with sky-blue eyes that, sadly, ddoesnt survive the collision. In another car, a little girl in the backseat begs and pleads through tears for her “mommy and daddy” to wake up — they don’t. It’s creepy, powerful and worth the few minutes for Carthage parents and their teens to view together.
Text crashes
Eighty percent of crashes involve some form of driver distraction, and teens admit texting is the No. 1 thing that diverts their attention while driving. Half of all teen drivers say they send text messages while driving.
“I used to do it,” said Sandy Miers, 23, with a guilty smile. “I don’t do it anymore, but I used to.
“Most of the time it happened (in parking lots or red lights), but sometimes it would” happen while she drove down the street.
According to a recent study by Virginia Tech Transportation Institute, distracted driving is the leading cause of traffic crashes in Missouri and nationwide.
Studies show texting drivers spend up to 400 percent more time with their eyes off the road.
“With cars traveling at 70 mph, it is horrifying to realize so many young, inexperienced drivers don’t have their eyes on the road,” Depue said.
At a recent public forum earlier this year, a montage of photos showed, in MTV-like rapid shots, photos of wrecked cars and trucks and the destruction such vehicle can wrought when out of control — twisted metal, burning rubber and mutilated, bleeding corpses of young teens.
“That’s something that we in law enforcement see quite a bit,” said Sgt. Mike Watson, a trooper with the Missouri State Highway Patrol.
And cell phones are sometimes found in their hands or nearby.
Those cell phones are near and dear to many teens because they’ve become more than just a tool; they are key status symbols of sorts,
Said Lindsay Matush, the developing director at Joplin’s The Bridge.
In fact, it’s the No. 2 symbol marking popularity among girls next to clothes. At one time, cell phones were simply mobile phones. Now their mobile, lightweight entertainment centers, with cameras, Internet accessibility and the ability to text all right there at a teen’s fingertips.
Texting while driving among teens continues to be a huge problem on city streets and highways the world over — about 46 percent of teens text while they drive.
The new law
Missouri has now become the 23rd state to ban the use of texting while driving. The law, sponsored by Sen. Ryan McKenna, reads: “Any person 21 years of age or younger who operates a moving motor vehicle while sending, reading, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction.
Missouri is only the ninth state, however, to single out a particular age group. The fine for texting is $200.
The best way for a teenager to survive, or for a parent to help their kids survive when they reach the driving age, is to practice “avoidance and survivability.”
The “avoidance” part means to avoid the types of teen activity that causes inattention when driving — talking or texting on cell phones, talking to a friend in the car, eating or paying more attention to the stereo.
“Survivability” is simple — seatbelts. In many of the photos of dead teens in the slideshow Watson played, some lay crumpled far from their vehicles, having been ejected at the point of impact through the windshield.
One of the most haunting moments in Watson’s presentation from earlier this year was describing what he calls the worst part of his job. From there, he detailed what he has to do when informing a mother and father about the death of their son or daughter, including knocking on their door, rousing groggy-eyed parents from their beds, sitting them down in chairs or atop a couch, telling them their son or daughter would no longer be coming home and, at last, handing them their son’s wallet or daughter’s purse, extracted by Watson from the scene of the accident.
“My biggest hope is that I’ll never have to do that again… in my lifetime, telling them their sons or daughters will never be coming back,” he said.
Source
“Young people will be forced to at least keep their fingers off their keyboards while they drive,” said Leanna Depue, director of Highway Safety or the Missouri Department of Transportation. “The law is a small step toward counteracting some of the distracted driving that causes crashes in Missouri.”
For parents who have their teens sons or daughters whine about the new law, about such laws “invade their privacy,” tell them to jump on You Tube and watch a horrific public service announcement from Wales, United England, concerning the bloody consequences of a text-driven accident on a multi-lane highway.
In the video — just type in “PSA Texting Wales” — it shows three giggling teens in a car trying to text a good looking guy and, as we often see in real life, paying little attention to the road. It then shows their vehicle smashing head-on with a second car in the opposite lane. Seconds later, a third vehicle smashes into the first two.
One of the most chilling parts is a beautiful baby with sky-blue eyes that, sadly, ddoesnt survive the collision. In another car, a little girl in the backseat begs and pleads through tears for her “mommy and daddy” to wake up — they don’t. It’s creepy, powerful and worth the few minutes for Carthage parents and their teens to view together.
Text crashes
Eighty percent of crashes involve some form of driver distraction, and teens admit texting is the No. 1 thing that diverts their attention while driving. Half of all teen drivers say they send text messages while driving.
“I used to do it,” said Sandy Miers, 23, with a guilty smile. “I don’t do it anymore, but I used to.
“Most of the time it happened (in parking lots or red lights), but sometimes it would” happen while she drove down the street.
According to a recent study by Virginia Tech Transportation Institute, distracted driving is the leading cause of traffic crashes in Missouri and nationwide.
Studies show texting drivers spend up to 400 percent more time with their eyes off the road.
“With cars traveling at 70 mph, it is horrifying to realize so many young, inexperienced drivers don’t have their eyes on the road,” Depue said.
At a recent public forum earlier this year, a montage of photos showed, in MTV-like rapid shots, photos of wrecked cars and trucks and the destruction such vehicle can wrought when out of control — twisted metal, burning rubber and mutilated, bleeding corpses of young teens.
“That’s something that we in law enforcement see quite a bit,” said Sgt. Mike Watson, a trooper with the Missouri State Highway Patrol.
And cell phones are sometimes found in their hands or nearby.
Those cell phones are near and dear to many teens because they’ve become more than just a tool; they are key status symbols of sorts,
Said Lindsay Matush, the developing director at Joplin’s The Bridge.
In fact, it’s the No. 2 symbol marking popularity among girls next to clothes. At one time, cell phones were simply mobile phones. Now their mobile, lightweight entertainment centers, with cameras, Internet accessibility and the ability to text all right there at a teen’s fingertips.
Texting while driving among teens continues to be a huge problem on city streets and highways the world over — about 46 percent of teens text while they drive.
The new law
Missouri has now become the 23rd state to ban the use of texting while driving. The law, sponsored by Sen. Ryan McKenna, reads: “Any person 21 years of age or younger who operates a moving motor vehicle while sending, reading, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction.
Missouri is only the ninth state, however, to single out a particular age group. The fine for texting is $200.
The best way for a teenager to survive, or for a parent to help their kids survive when they reach the driving age, is to practice “avoidance and survivability.”
The “avoidance” part means to avoid the types of teen activity that causes inattention when driving — talking or texting on cell phones, talking to a friend in the car, eating or paying more attention to the stereo.
“Survivability” is simple — seatbelts. In many of the photos of dead teens in the slideshow Watson played, some lay crumpled far from their vehicles, having been ejected at the point of impact through the windshield.
One of the most haunting moments in Watson’s presentation from earlier this year was describing what he calls the worst part of his job. From there, he detailed what he has to do when informing a mother and father about the death of their son or daughter, including knocking on their door, rousing groggy-eyed parents from their beds, sitting them down in chairs or atop a couch, telling them their son or daughter would no longer be coming home and, at last, handing them their son’s wallet or daughter’s purse, extracted by Watson from the scene of the accident.
“My biggest hope is that I’ll never have to do that again… in my lifetime, telling them their sons or daughters will never be coming back,” he said.
Source
Wednesday, October 28, 2009
Grandmother and grandson killed in Virginia DUI
Police are reporting an alcohol-related driving fatality that took the life of a grandmother and her 2-year-old grandson in Manassas, Virginia, overnight.
A family was traveling in a Saturn Ion on Route 234 near University Boulevard. It was struck from behind by a larger Ford Explorer, forcing the vehicle off the road and into a large rock. Both passengers in the accident perished.
The 43-year-old driver of the Saturn was critically injured and is being treated for those injuries. The 60-year-old grandmother, Rebecca Sacras, and 2-year-old Jonathan Wade-Ortiz were killed in the accident. Sacras was in the passenger seat, and Jonathan was in the back seat properly restrained in a child seat, according to police.
Also in the car was the driver's 12-year-old nephew. He was secured in the backseat and suffered minor injuries.
The driver of the Explorer, identified as William John Mallory, has been charged with DUI. He is being held without the option of bond until a court date is set. As the investigation develops, charges against the accused man may increase.
There were other passengers in Mallory's car as well. These 3 passengers suffered minor injuries but none were severely or critically injured.
Typically, police must determine whether Mallory's intoxication lead to the accident or if there were other causes. If he was breaking additional traffic laws, such as speeding, the sentencing may increase. For now, the charges are left as a misdemeanor. When a child is injured as the result of a DUI, however, the charges will typically increase and longer, tougher sentencing will be imposed.
Source
A family was traveling in a Saturn Ion on Route 234 near University Boulevard. It was struck from behind by a larger Ford Explorer, forcing the vehicle off the road and into a large rock. Both passengers in the accident perished.
The 43-year-old driver of the Saturn was critically injured and is being treated for those injuries. The 60-year-old grandmother, Rebecca Sacras, and 2-year-old Jonathan Wade-Ortiz were killed in the accident. Sacras was in the passenger seat, and Jonathan was in the back seat properly restrained in a child seat, according to police.
Also in the car was the driver's 12-year-old nephew. He was secured in the backseat and suffered minor injuries.
The driver of the Explorer, identified as William John Mallory, has been charged with DUI. He is being held without the option of bond until a court date is set. As the investigation develops, charges against the accused man may increase.
There were other passengers in Mallory's car as well. These 3 passengers suffered minor injuries but none were severely or critically injured.
Typically, police must determine whether Mallory's intoxication lead to the accident or if there were other causes. If he was breaking additional traffic laws, such as speeding, the sentencing may increase. For now, the charges are left as a misdemeanor. When a child is injured as the result of a DUI, however, the charges will typically increase and longer, tougher sentencing will be imposed.
Source
Thursday, October 15, 2009
Law enforcement steps up Labor Day patrols
PARKERSBURG - Law enforcement agencies will be out in full force over the Labor Day weekend watching for drunken driving, speeding and other traffic violations.
"This is an important time for officers in terms of catching drunk drivers," said Sgt. W.K. Marshall with the West Virginia State Police in Charleston. "Our officers will be out patrolling all the major roads in Wood County."
The West Virginia State Police is using funds from Operation CARE (Combined Accident Reduction Effort) to allow for extra troopers over holiday weekends. Officials will be looking for speeders, aggressive drivers, seat belt violations and improperly restrained children.
Seven troopers from the Parkersburg detachment will be working extra shifts over the weekend.
"We've greatly increased DUI arrests in Wood County over the past year and a half, and we want to continue to do so," said Marshall.
Wood County Sheriff's Department will have three extra deputies working tonight and Sunday.
"Even our executives and our captains will be working this weekend," said Sheriff Jeff Sandy. "We will be prepared."
Deputies will be on the lookout for drunken drivers, but Sandy said he has seen a decrease in DUIs over holiday weekends this year, perhaps due to an increase in public awareness.
Parkersburg police Chief Gerald Board said officers will be watching for red light violations, speeding and drunken drivers.
"We always have more officers working on holiday weekends," said Board. "Anytime you have heavy traffic leaking in from clubs and restaurants, law enforcement pays close attention."
Drivers on the Ohio side of the river will also be watched carefully by the officials.
"Historically, the Labor Day Holiday is one of the deadliest on Ohio's roadways," said Lt. M.A. Pfeifer with the Ohio State Highway Patrol. "Think twice before getting behind the wheel while intoxicated."
In Ohio last year, 18 people were killed in car crashes, with seven crashes being alcohol related, Pfeifer said.
The Mid-Ohio Valley Regional Highway Safety Program will be setting up sobriety checkpoints this weekend throughout nine West Virginia counties, including Wood, Jackson, Wirt and Ritchie counties.
Toni Tiano, program administrator, said U.S. 50 is one of the main roads officials concentrate on.
"With it being the last big weekend of summer, and with football games going on, you might see people drinking more than usual," Tiano said.
During sobriety checkpoints, law enforcement officials stop every fifth or 10th car, perhaps less if traffic is heavy, she said.
"They will talk to the driver, and if they smell alcohol or if there is a reason to believe alcohol has been consumed, sobriety tests may be performed," Tiano said. "But believe it or not, no matter how much we advertise that officials will be on the lookout, we still get a few DUIs over the holiday weekend."
Tiano said the checkpoints raise awareness and let the public know that law enforcement takes drunken driving seriously.
Source
"This is an important time for officers in terms of catching drunk drivers," said Sgt. W.K. Marshall with the West Virginia State Police in Charleston. "Our officers will be out patrolling all the major roads in Wood County."
The West Virginia State Police is using funds from Operation CARE (Combined Accident Reduction Effort) to allow for extra troopers over holiday weekends. Officials will be looking for speeders, aggressive drivers, seat belt violations and improperly restrained children.
Seven troopers from the Parkersburg detachment will be working extra shifts over the weekend.
"We've greatly increased DUI arrests in Wood County over the past year and a half, and we want to continue to do so," said Marshall.
Wood County Sheriff's Department will have three extra deputies working tonight and Sunday.
"Even our executives and our captains will be working this weekend," said Sheriff Jeff Sandy. "We will be prepared."
Deputies will be on the lookout for drunken drivers, but Sandy said he has seen a decrease in DUIs over holiday weekends this year, perhaps due to an increase in public awareness.
Parkersburg police Chief Gerald Board said officers will be watching for red light violations, speeding and drunken drivers.
"We always have more officers working on holiday weekends," said Board. "Anytime you have heavy traffic leaking in from clubs and restaurants, law enforcement pays close attention."
Drivers on the Ohio side of the river will also be watched carefully by the officials.
"Historically, the Labor Day Holiday is one of the deadliest on Ohio's roadways," said Lt. M.A. Pfeifer with the Ohio State Highway Patrol. "Think twice before getting behind the wheel while intoxicated."
In Ohio last year, 18 people were killed in car crashes, with seven crashes being alcohol related, Pfeifer said.
The Mid-Ohio Valley Regional Highway Safety Program will be setting up sobriety checkpoints this weekend throughout nine West Virginia counties, including Wood, Jackson, Wirt and Ritchie counties.
Toni Tiano, program administrator, said U.S. 50 is one of the main roads officials concentrate on.
"With it being the last big weekend of summer, and with football games going on, you might see people drinking more than usual," Tiano said.
During sobriety checkpoints, law enforcement officials stop every fifth or 10th car, perhaps less if traffic is heavy, she said.
"They will talk to the driver, and if they smell alcohol or if there is a reason to believe alcohol has been consumed, sobriety tests may be performed," Tiano said. "But believe it or not, no matter how much we advertise that officials will be on the lookout, we still get a few DUIs over the holiday weekend."
Tiano said the checkpoints raise awareness and let the public know that law enforcement takes drunken driving seriously.
Source
Monday, September 28, 2009
Working To Avoid Cruiser-Car Accidents
State Sen. Linda "Toddy" Puller, who wants to prevent a repeat of an auto collision and fatal accident that took place in her district February 2008, has introduced legislation to require all police and emergency vehicle operators in the Commonwealth to turn on emergency equipment and slow down when running a red light.
This tragedy that killed Ashley McIntosh has focused the attention of those who believe the State law is flawed and needs to be changed to protect those driving lawfully through heavily used intersections from police and other emergency vehicle drivers who, because of the discretionary language in the Virginia law, may endanger innocent people. Police, sheriff, and other public safety associations view the proposed change as an unnecessary infringement on their ability to perform their duties.
Puller, whose legislative district includes the accident site, said, "I am carrying this bill because I want to prevent unnecessary tragic auto accidents in the future such as the one which killed Ashley McIntosh." Her bill would change the Virginia law to require police and other emergency vehicle drivers to use their emergency equipment — flashing lights, siren, exhaust whistle, or other device designed to give automatically intermittent warning signals — and slow down, when on an emergency call and traveling through a red traffic light.
In the January 2009 legislative session, Puller introduced a bill, SB 847, "Emergency Vehicles Proceeding Past Red Lights," to do this. It was assigned to the Senate Transportation Committee which voted not to report it to the full Senate for a vote. Undeterred, Puller then sent a letter to the State Crime Commission requesting its review and comment on her proposed changes to the Virginia law governing police and other emergency vehicle operator driving requirements. The commission, an advisory body of 13 members appointed by the governor and the state legislature, held a public meeting in May 2009 to hear testimony and discuss Puller’s bill. On Dec. 15 the commission will again meet to assess testimony and forward its views to the respective Courts of Justice Committees in the House and Senate.
Mark Hubbard, a registered lobbyist with McGuireWoods, Consulting, which is providing pro bono assistance to Puller on this matter, said, "We believe the Puller bill should be enacted. … With the congested traffic situation in urban areas of the Commonwealth changes in the emergency procedures language in Virginia law are needed to protect the public from unnecessary accidents such as that which resulted in the fatal accident in Northern Virginia. … We are hopeful that the commission will support the Puller legislation."
Del. David Albo (R-42), chairman, House Courts of Justice Committee, and former co-chair of the State Crime Commission, said, "Senator Puller clearly believes that there is a flaw in the current Virginia law governing emergency operating procedures for police and other emergency vehicle drivers. ... I look forward to assessing Senator Puller’s bill, the State Crime Commission’s comments, as well as the views of public safety organizations and others when the bill comes before the Courts of Justice Committee."
The president of the 900-member Fairfax Coalition of Police, Marshall Thielen does not support the Puller legislation: "The changes proposed would place an unnecessary burden on public safety personnel. … Police must be free to make split second decisions and not be restricted by a requirement that may not fit the emergency."
Thielen pointed out that in addition to the Fairfax County Police Coalition, the State Association of Chiefs of Police, the State Association of Sheriffs, and the Virginia State Police Association oppose Puller’s bill.
ACCORDING TO Cindy McIntosh-Colasanto, mother of the victim, 26 other states require the use of emergency equipment at all times when traveling through a red light. This past spring she testified before the State Crime Commission, urging that they support the bill. At that time she said: "Ashley had just left a polling place after doing her civic duty and voting in the Presidential Primary Election, but the laws of Virginia let her down. … More than half the states in the U.S. require police officers to use both lights and a siren and to slow down when driving through red lights. This includes Maryland, North Carolina, Pennsylvania, New York, and California. I hope you commissioners will agree that it is time the Commonwealth of Virginia does the same. ... It is too late for Ashley. But it is not too late to protect other daughters, and everyone in Virginia. … Thousands of petition signers also agree with me."
McIntosh-Colasanto has been able to obtain the support of over 3,000 petition signers.
Tappy Phillips, one of the supporters of a change in the Virginia law, said: "It is a very simple issue: when my family enters an intersection in Virginia with a green light, I expect them to make it to the other side alive, not be crushed by a speeding police car."
When asked her views about the prospects for passage of the bill next year, McIntosh-Colasanto said: "I am cautiously optimistic; the members are discussing it, and they are now aware that half the states in the U.S. have language similar to Senator Puller’s. For the next several months I will be working to generate letters from the public to write to the State Crime Commission and to Virginia legislators across the Commonwealth to support this legislation that would indeed save lives."
In addition, she plans on returning to the State Crime Commission for their regular meeting on Dec. 15 to again testify, answer questions, and personally urge members to back the change in Virginia law.
Source
This tragedy that killed Ashley McIntosh has focused the attention of those who believe the State law is flawed and needs to be changed to protect those driving lawfully through heavily used intersections from police and other emergency vehicle drivers who, because of the discretionary language in the Virginia law, may endanger innocent people. Police, sheriff, and other public safety associations view the proposed change as an unnecessary infringement on their ability to perform their duties.
Puller, whose legislative district includes the accident site, said, "I am carrying this bill because I want to prevent unnecessary tragic auto accidents in the future such as the one which killed Ashley McIntosh." Her bill would change the Virginia law to require police and other emergency vehicle drivers to use their emergency equipment — flashing lights, siren, exhaust whistle, or other device designed to give automatically intermittent warning signals — and slow down, when on an emergency call and traveling through a red traffic light.
In the January 2009 legislative session, Puller introduced a bill, SB 847, "Emergency Vehicles Proceeding Past Red Lights," to do this. It was assigned to the Senate Transportation Committee which voted not to report it to the full Senate for a vote. Undeterred, Puller then sent a letter to the State Crime Commission requesting its review and comment on her proposed changes to the Virginia law governing police and other emergency vehicle operator driving requirements. The commission, an advisory body of 13 members appointed by the governor and the state legislature, held a public meeting in May 2009 to hear testimony and discuss Puller’s bill. On Dec. 15 the commission will again meet to assess testimony and forward its views to the respective Courts of Justice Committees in the House and Senate.
Mark Hubbard, a registered lobbyist with McGuireWoods, Consulting, which is providing pro bono assistance to Puller on this matter, said, "We believe the Puller bill should be enacted. … With the congested traffic situation in urban areas of the Commonwealth changes in the emergency procedures language in Virginia law are needed to protect the public from unnecessary accidents such as that which resulted in the fatal accident in Northern Virginia. … We are hopeful that the commission will support the Puller legislation."
Del. David Albo (R-42), chairman, House Courts of Justice Committee, and former co-chair of the State Crime Commission, said, "Senator Puller clearly believes that there is a flaw in the current Virginia law governing emergency operating procedures for police and other emergency vehicle drivers. ... I look forward to assessing Senator Puller’s bill, the State Crime Commission’s comments, as well as the views of public safety organizations and others when the bill comes before the Courts of Justice Committee."
The president of the 900-member Fairfax Coalition of Police, Marshall Thielen does not support the Puller legislation: "The changes proposed would place an unnecessary burden on public safety personnel. … Police must be free to make split second decisions and not be restricted by a requirement that may not fit the emergency."
Thielen pointed out that in addition to the Fairfax County Police Coalition, the State Association of Chiefs of Police, the State Association of Sheriffs, and the Virginia State Police Association oppose Puller’s bill.
ACCORDING TO Cindy McIntosh-Colasanto, mother of the victim, 26 other states require the use of emergency equipment at all times when traveling through a red light. This past spring she testified before the State Crime Commission, urging that they support the bill. At that time she said: "Ashley had just left a polling place after doing her civic duty and voting in the Presidential Primary Election, but the laws of Virginia let her down. … More than half the states in the U.S. require police officers to use both lights and a siren and to slow down when driving through red lights. This includes Maryland, North Carolina, Pennsylvania, New York, and California. I hope you commissioners will agree that it is time the Commonwealth of Virginia does the same. ... It is too late for Ashley. But it is not too late to protect other daughters, and everyone in Virginia. … Thousands of petition signers also agree with me."
McIntosh-Colasanto has been able to obtain the support of over 3,000 petition signers.
Tappy Phillips, one of the supporters of a change in the Virginia law, said: "It is a very simple issue: when my family enters an intersection in Virginia with a green light, I expect them to make it to the other side alive, not be crushed by a speeding police car."
When asked her views about the prospects for passage of the bill next year, McIntosh-Colasanto said: "I am cautiously optimistic; the members are discussing it, and they are now aware that half the states in the U.S. have language similar to Senator Puller’s. For the next several months I will be working to generate letters from the public to write to the State Crime Commission and to Virginia legislators across the Commonwealth to support this legislation that would indeed save lives."
In addition, she plans on returning to the State Crime Commission for their regular meeting on Dec. 15 to again testify, answer questions, and personally urge members to back the change in Virginia law.
Source
Monday, August 17, 2009
Automobile Accident Lawyers
Every day in Maryland, Washington, D.C., Pennsylvania and Virginia, there are thousands of accidents where serious personal injuries are sustained as a result of a careless or reckless driver. When an accident is caused by another driver's negligence, the auto accident lawyers at Saiontz & Kirk, P.A. can help you through the process and make sure that you obtain all of the benefits and money you are entitled to.
For over 35 years, the attorneys at Saiontz & Kirk, P.A. have represented accident victims throughout Maryland, Washington, D.C., Pennsylvania, Virginia and the mid-atlantic region. Following an accident, it is important to protect your family and make sure that you get what you deserve for your injury, not just what the insurance company tells you they will pay.
Before talking to an auto accident insurance adjuster, request a free consultation and claim evaluation to make sure you understand your legal rights. The negligent driver who caused the accident is protected by their insurance company, and it is important to have a qualified personal injury lawyer on your side to protect you.
Source
For over 35 years, the attorneys at Saiontz & Kirk, P.A. have represented accident victims throughout Maryland, Washington, D.C., Pennsylvania, Virginia and the mid-atlantic region. Following an accident, it is important to protect your family and make sure that you get what you deserve for your injury, not just what the insurance company tells you they will pay.
Before talking to an auto accident insurance adjuster, request a free consultation and claim evaluation to make sure you understand your legal rights. The negligent driver who caused the accident is protected by their insurance company, and it is important to have a qualified personal injury lawyer on your side to protect you.
Source
Monday, August 10, 2009
Motor Vehicle Accidents
Pierce & Thornton will handle all aspects of your motor vehicle accident claim from the initial investigation and preservation of evidence to the recovery of compensation from all available sources. We will conduct a thorough investigation of your motor vehicle accident claim. Interviews of witnesses and investigating police officers, photographs of the vehicles involved in the accident, as well as photographs and diagrams of the accident scene and roadway are necessary to preserve vital evidence for your claim. All available insurance will be explored to insure that all sources of coverage are paid to you. There are many sources of coverage available when someone causes an accident including the other driver's policy, members of the other driver's household's policies, employers' or lessor's policies and your own policy, even if you did not cause the accident. Unfortunately, insurance adjusters are not required by law to advise you of all coverage available and they seldom do so. We will find the coverage.
Having a full understanding of all medical issues related to your injuries is essential to maximizing your recovery. Pierce & Thornton will obtain your medical records and bills and organize and summarize them for the proper presentation of your claim to the insurance adjuster or at trial if necessary. More importantly, Pierce & Thornton will discuss the nature and extent of your injuries, all past and possible future treatment and any resulting disabilities with your treating physicians so we can communicate effectively with the insurance company or jury about your claim. By obtaining cooperation and understanding from your physicians, we can maximize your chances of obtaining a full and fair recovery for your injuries. We will also fully investigate all economic loss in addition to your medical bills including past lost wages, future lost wages and any reduction in your earning capacity. We will vigorously pursue each and every element of damages available to you.
Source
Having a full understanding of all medical issues related to your injuries is essential to maximizing your recovery. Pierce & Thornton will obtain your medical records and bills and organize and summarize them for the proper presentation of your claim to the insurance adjuster or at trial if necessary. More importantly, Pierce & Thornton will discuss the nature and extent of your injuries, all past and possible future treatment and any resulting disabilities with your treating physicians so we can communicate effectively with the insurance company or jury about your claim. By obtaining cooperation and understanding from your physicians, we can maximize your chances of obtaining a full and fair recovery for your injuries. We will also fully investigate all economic loss in addition to your medical bills including past lost wages, future lost wages and any reduction in your earning capacity. We will vigorously pursue each and every element of damages available to you.
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Monday, August 3, 2009
Car Accident Information & Car Accident Lawyers In Virginia
Traffic statistics report that in 2004, 922 people were killed in Virginia car accidents and more than 78,000 people were injured in car accidents in this state. The statistics break the numbers down further to tell how many of these Virginia car accidents were the direct result of drunk driving or excessive speed. If you have been injured in a Virginia car accident, you may be entitled to receive compensation to pay your medical bills and for your pain and suffering.
In any case involving a Virginia car accident, you do have to prove that the other driver was at fault or negligent. In this state, you must be free of any fault in the Virginia car accident in order to bring a lawsuit against the insurance company of the other driver. This is why you do need to consult with a lawyer to find out what your legal rights are in the case of a Virginia car accident. Even if you are found to be at fault, there many be some circumstances of the Virginia car accident that were the fault of the other driver, and this bars him/her from recovering any damages in this state.
You may need to have expert testimony when you proceed with a lawsuit in a Virginia car accident case. In most cases the other driver will countersue, which means that you not only have to prove the other driver caused the Virginia car accident, but you also have to prove that you were completely innocent. If you are involved in a Virginia car accident, make sure you get the names and phone numbers of any witnesses. This will help your case immensely.
When preparing your case in a Virginia car accident, your lawyer will need to obtain copies of your medical report. At the same time, the insurance company will try to prove that the injuries you received in the Virginia car accident are not as serious as you claim them to be. Trying to recover from a Virginia car accident and deal with these issues at the same time can be both traumatic and frustrating. When you have an experienced lawyer, you can leave all the details of the Virginia car accident is his/her hands and concentrate on getting better.
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In any case involving a Virginia car accident, you do have to prove that the other driver was at fault or negligent. In this state, you must be free of any fault in the Virginia car accident in order to bring a lawsuit against the insurance company of the other driver. This is why you do need to consult with a lawyer to find out what your legal rights are in the case of a Virginia car accident. Even if you are found to be at fault, there many be some circumstances of the Virginia car accident that were the fault of the other driver, and this bars him/her from recovering any damages in this state.
You may need to have expert testimony when you proceed with a lawsuit in a Virginia car accident case. In most cases the other driver will countersue, which means that you not only have to prove the other driver caused the Virginia car accident, but you also have to prove that you were completely innocent. If you are involved in a Virginia car accident, make sure you get the names and phone numbers of any witnesses. This will help your case immensely.
When preparing your case in a Virginia car accident, your lawyer will need to obtain copies of your medical report. At the same time, the insurance company will try to prove that the injuries you received in the Virginia car accident are not as serious as you claim them to be. Trying to recover from a Virginia car accident and deal with these issues at the same time can be both traumatic and frustrating. When you have an experienced lawyer, you can leave all the details of the Virginia car accident is his/her hands and concentrate on getting better.
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Monday, July 27, 2009
Automobile & Motorcycle Accidents
Injuries suffered as a result of automobile, motorcycle or truck accidents can be catastrophic and life changing. Most of these accidents occur because of someone's negligence. We represent clients who have suffered personal injuries as a result of automobile, motorcycle and truck accidents. These accidents often involve drunk drivers, hit and runs, uninsured or underinsured drivers as well as accidents involving tractor-trailer collisions and rollovers.
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Monday, July 20, 2009
Car Accident Lawyer Washington DC, Maryland & Virginia
A car accident can ruin a person’s life. One minute, you are driving down the road, minding your own business; the next minute, you’re a victim of someone else’s mistake or inattention.
Whether in Maryland, Washington DC, or Virginia, the lawyers at Cohen & Cohen, P.C. help injured people who have been involved in car accidents. From the moment the collision occurs, the clock starts ticking, and it is important to take charge of the situation. Below are four basic tips on what to do when involved in a car accident.
1. Call the Police
Quite often after a car accident the parties involved in the collision refuse to call the police. The sense is often one of immediate reconciliation. Most clients explain that they never called the police because they did not think the situation would be “a big deal,” and the person that caused the accident admitted fault at the scene. This view is shortsighted. If you are involved in a car accident, you should immediately call the police. The police will help you obtain valuable information and will document how the accident occurred by getting the names of witnesses and insurance information. Sometimes the police will draw a scene diagram documenting the area where the accident occurs. The police will usually issue a ticket to the at-fault driver. All of this will help later with successfully resolving your case.
2. Exchange Information
Immediately exchange information with the other driver. This means getting the other driver’s (a) name, (b) address, (c) telephone number, (d) tag number, (e) insurance company, (f) make and model of vehicle, and (g) the name of the owner of the car if it is owned by someone other than the person driving. It is also important for you to get the names, addresses, and phone numbers of any witnesses. Make sure to get witnesses first and last names if possible.
3. Take Photographs
Take photographs of your vehicle, and, if possible, of the other vehicle involved in the accident. Perhaps the old saying “a picture is worth a thousand words” is never more appropriate than after a car accident. Pictures help show where the property damage is on each vehicle, and this can become excellent evidence in the case. Quite often property damage photographs make the difference between a successful versus an unsuccessful case. You should also take pictures of any injuries you sustain in an car accident, such as bruises or swelling. Scene photographs are also important. Take pictures of the area where the accident occurs, including photos of the intersection, road surface, stop signs or lights. A photo of skid marks, for example, may help show a car’s speed. Make sure to take plenty of photographs and keep your negatives in a safe place. In short, photographs help to preserve evidence, and it is critical that they be taken very early on in the case.
4. Obtain Medical Care
Unfortunately, car accidents often result in physical injury. If you are injured in an accident, it is crucial that you obtain medical care immediately. The adrenaline rush after an accident often masks pain. This can be very dangerous for an injured person because there may be a serious underlying problem that needs to be addressed quickly. Similarly, if a person has complaints of pain or soreness but does not seek prompt medical care, it will be hard to later prove the injury. It makes good medical and legal sense to seek prompt medical attention if you are injured in a car accident.
Source
Whether in Maryland, Washington DC, or Virginia, the lawyers at Cohen & Cohen, P.C. help injured people who have been involved in car accidents. From the moment the collision occurs, the clock starts ticking, and it is important to take charge of the situation. Below are four basic tips on what to do when involved in a car accident.
1. Call the Police
Quite often after a car accident the parties involved in the collision refuse to call the police. The sense is often one of immediate reconciliation. Most clients explain that they never called the police because they did not think the situation would be “a big deal,” and the person that caused the accident admitted fault at the scene. This view is shortsighted. If you are involved in a car accident, you should immediately call the police. The police will help you obtain valuable information and will document how the accident occurred by getting the names of witnesses and insurance information. Sometimes the police will draw a scene diagram documenting the area where the accident occurs. The police will usually issue a ticket to the at-fault driver. All of this will help later with successfully resolving your case.
2. Exchange Information
Immediately exchange information with the other driver. This means getting the other driver’s (a) name, (b) address, (c) telephone number, (d) tag number, (e) insurance company, (f) make and model of vehicle, and (g) the name of the owner of the car if it is owned by someone other than the person driving. It is also important for you to get the names, addresses, and phone numbers of any witnesses. Make sure to get witnesses first and last names if possible.
3. Take Photographs
Take photographs of your vehicle, and, if possible, of the other vehicle involved in the accident. Perhaps the old saying “a picture is worth a thousand words” is never more appropriate than after a car accident. Pictures help show where the property damage is on each vehicle, and this can become excellent evidence in the case. Quite often property damage photographs make the difference between a successful versus an unsuccessful case. You should also take pictures of any injuries you sustain in an car accident, such as bruises or swelling. Scene photographs are also important. Take pictures of the area where the accident occurs, including photos of the intersection, road surface, stop signs or lights. A photo of skid marks, for example, may help show a car’s speed. Make sure to take plenty of photographs and keep your negatives in a safe place. In short, photographs help to preserve evidence, and it is critical that they be taken very early on in the case.
4. Obtain Medical Care
Unfortunately, car accidents often result in physical injury. If you are injured in an accident, it is crucial that you obtain medical care immediately. The adrenaline rush after an accident often masks pain. This can be very dangerous for an injured person because there may be a serious underlying problem that needs to be addressed quickly. Similarly, if a person has complaints of pain or soreness but does not seek prompt medical care, it will be hard to later prove the injury. It makes good medical and legal sense to seek prompt medical attention if you are injured in a car accident.
Source
Monday, July 13, 2009
VIRGINIA PERSONAL INJURY LAWYERS
Sometimes when you’re hurt you need help from a Virginia personal injury lawyer. Getting the help you need, however, may not be easy. But at Geoff McDonald & Associates, it’s our goal to make getting the legal assistance you need after a Virginia accident easy and convenient.
Our mission is to help the disabled and injured put their lives back together. So if you or a loved one is suffering after a Virginia auto accident or you feel you’re not getting fair treatment with a Virginia workers’ compensation claim, let us stand by your side and fight for your rights. We consider each case an honor and a privilege, and we take care to treat every client with utmost compassion and professionalism.
If you’re worried about cost or the hassle of pursuing a lawsuit, let us put your mind at ease. At Geoff McDonald & Associates, our Virginia personal injury lawyers work on a contingency fee basis, which means you owe no attorney’s fees unless we get compensation for you—and then, the fee is just a percentage of your compensation. Also, getting a Virginia personal injury lawyer on your side doesn’t necessarily mean you’ll have to go to court. Often times cases can be settled before a lawsuit is even filed. The necessary actions will depend on your case and what’s best for you.
Our mission is to help the disabled and injured put their lives back together. So if you or a loved one is suffering after a Virginia auto accident or you feel you’re not getting fair treatment with a Virginia workers’ compensation claim, let us stand by your side and fight for your rights. We consider each case an honor and a privilege, and we take care to treat every client with utmost compassion and professionalism.
If you’re worried about cost or the hassle of pursuing a lawsuit, let us put your mind at ease. At Geoff McDonald & Associates, our Virginia personal injury lawyers work on a contingency fee basis, which means you owe no attorney’s fees unless we get compensation for you—and then, the fee is just a percentage of your compensation. Also, getting a Virginia personal injury lawyer on your side doesn’t necessarily mean you’ll have to go to court. Often times cases can be settled before a lawsuit is even filed. The necessary actions will depend on your case and what’s best for you.
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Monday, July 6, 2009
New Legal Resource for Virginia Dog Bite Victims
A March 8 article in U.S. News & World Report reinforces the fact that summer is the time of year when young children are at the greatest risk for dog bites, especially to the most severe bites to the head and neck. The article reports on findings from a study published in the March issue of Otolaryngology – Head and Neck Surgery.
Manassas attorney Jim Parrish has written a new book to help Virginia dog bite victims and other concerned citizens understand their legal rights. The Insider's Guide to Dog Bite Claims in Virginia is a resource to help dog bite victims, their families, and the general public understand the legal process and learn what the insurance companies do not want victims to know. The book is available free to Virginia residents by visiting ww.thevirginiadogbitebook.com.
Dog Bite Statistics
*According to The National Centers for Disease Control and Prevention (CDC), dogs bite or attack nearly 2% of the U.S. population, which translates into more than 4.7 million people every year.
*The CDC says that approximately 60% of dog bite victims are children.
*In 2007, there were 32 fatal dog attacks in the U.S., including 1 in Virginia. This number is approximately 200% greater than the average over the last two decades.
“As a parent, I know how it feels to want to keep your children safe,” Parrish says. “While we can't prevent accidents and injuries completely, as parents, we can arm ourselves with information about issues like dog bites. That's why I wrote this book – to educate the citizens of Virginia about this serious issue.”
In The Insider's Guide to Dog Bite Claims in Virginia, Parrish offers facts about dog bites and attacks, explains what insurance companies don't want victims to know, and gives tips for victims on selecting an attorney to represent them.
“Jim Parrish's The Insider's Guide to Dog Bite Claims in Virginia is a truly comprehensive resource,” says Chris Davis, Seattle attorney and dog bite expert. “This book is a ‘must read' for every parent in Virginia, whether their child has been a dog bite victim or not. The information will help inform residents about the legal process and offer resources for finding an attorney in the event that you need one.”
The Insider's Guide to Dog Bite Claims in Virginia is the second in a series of books Parrish is writing to educate Virginians about their rights. He is also the author of The Virginia Car Accident Guide which helps car accident victims understand their rights and identify an attorney to represent them in their cases.
Source
Manassas attorney Jim Parrish has written a new book to help Virginia dog bite victims and other concerned citizens understand their legal rights. The Insider's Guide to Dog Bite Claims in Virginia is a resource to help dog bite victims, their families, and the general public understand the legal process and learn what the insurance companies do not want victims to know. The book is available free to Virginia residents by visiting ww.thevirginiadogbitebook.com.
Dog Bite Statistics
*According to The National Centers for Disease Control and Prevention (CDC), dogs bite or attack nearly 2% of the U.S. population, which translates into more than 4.7 million people every year.
*The CDC says that approximately 60% of dog bite victims are children.
*In 2007, there were 32 fatal dog attacks in the U.S., including 1 in Virginia. This number is approximately 200% greater than the average over the last two decades.
“As a parent, I know how it feels to want to keep your children safe,” Parrish says. “While we can't prevent accidents and injuries completely, as parents, we can arm ourselves with information about issues like dog bites. That's why I wrote this book – to educate the citizens of Virginia about this serious issue.”
In The Insider's Guide to Dog Bite Claims in Virginia, Parrish offers facts about dog bites and attacks, explains what insurance companies don't want victims to know, and gives tips for victims on selecting an attorney to represent them.
“Jim Parrish's The Insider's Guide to Dog Bite Claims in Virginia is a truly comprehensive resource,” says Chris Davis, Seattle attorney and dog bite expert. “This book is a ‘must read' for every parent in Virginia, whether their child has been a dog bite victim or not. The information will help inform residents about the legal process and offer resources for finding an attorney in the event that you need one.”
The Insider's Guide to Dog Bite Claims in Virginia is the second in a series of books Parrish is writing to educate Virginians about their rights. He is also the author of The Virginia Car Accident Guide which helps car accident victims understand their rights and identify an attorney to represent them in their cases.
Source
Monday, June 29, 2009
Virginia & D.C. Car Accidents: In Which Court Should You File?
How do the court systems work in Virginia and D.C.? That’s the question we asked Doug Stevens, an attorney who has practiced law for 30 years and whose firm focuses on personal injury and car accident matters in Maryland, Virginia and the District of Columbia, to explain. Here’s what he told us:
- District of Columbia. In the District of Columbia, I can sue you for $5,000 in Small Claims Court. The laws of evidence are relaxed, which means I’m definitely going to get your medical bills into evidence before the judge and I’m almost certainly going to get your medical reports in when dealing with a Pro Se action. The defense lawyers will usually keep the reports out, but there’s a chance the rules of evidence are relaxed in the small claims division. If you sue for more than $5,000, you’re in Superior Court, where the filing fees are more and the other side can beg for a jury. In D.C, the defense can demand a jury, regardless of the amount sued for – which is a big pain in the neck.
- Virginia. In Virginia, you can sue for $15,000 in District Court, but we have what’s called a trial de novo provision, which means no matter what happened in District Court, you get to start all over again in Circuit Court. In a lot of ways, this means that the District Court system in Virginia is really a mirage. For example, last year we got a $15,000 verdict for a little girl, the other side appealed it and that verdict just didn’t exist. It became extremely difficult thereafter to convince the parents that they should settle for $10,000, which in fact was more like the fair market value of the case. I had to explain to them that the $15,000 verdict from a judge was really a mirage under Virginia’s trial de novo rules.
Virginia also has what’s called the plaintiff’s parachute – which is a non-suit statute. That means the plaintiff can simply announce to the court that he is taking a voluntary non-suit anytime before a verdict is returned. At that point, everything stops. The plaintiff’s lawyer can go home and the plaintiff has six months to reinstate a cause of action, even if the statute of limitations has already run. In a substantial case, I want to have that non-suit “in my pocket” during the trial in case our crucial witness doesn’t show up.
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Monday, June 22, 2009
Virginia & D.C. Car Accidents: The Importance Of Adhering To Statutes Of Limitation
When you’re in a car accident, the law provides you with an opportunity to bring a lawsuit against the person, or persons, who injured you. However, each state sets time limits in which you can do so. Known as statutes of limitation, these time limits are important to adhere to – or you may risk losing the chance for your day in court.
Attorney Doug Stevens
Doug Stevens, an attorney who has practiced law for 30 years and whose firm focuses on personal injury and car accident matters in Maryland, Virginia and the District of Columbia, knows which statutes of limitation apply like the back of his hand. He explained how these limitations are applied in the District of Columbia and Virginia:
Stevens can’t stress the importance of not missing the deadline enough. He says that he even gets calls from his colleagues sometimes because, unlike him, they’ve missed the date. He explained:
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Attorney Doug Stevens
Doug Stevens, an attorney who has practiced law for 30 years and whose firm focuses on personal injury and car accident matters in Maryland, Virginia and the District of Columbia, knows which statutes of limitation apply like the back of his hand. He explained how these limitations are applied in the District of Columbia and Virginia:
- District of Columbia. In the District of Columbia, you have three years to file suit for negligence. Of course, if you represent a minor, the three years doesn’t start to run until his 18th birthday. That changes when the accident involved a wrongful death – and only a fool would wait more than a year to file a wrongful death case in the District of Columbia, but again, when someone dies in the District of Columbia, there are two causes of action. There’s a wrongful death action and a survival action. It has been held that a survival action can be filed after a year goes by, but it would be unwise to do so, absent special circumstances.
- Virginia Virginia is the trickiest of the three jurisdictions that I practice in because in Virginia, you have two years to file suit for injury, which is a full year less than Maryland or the District of Columbia. However, you have five years to sue for property damage. If you split a cause of action and take that action to verdict, you are barred from subsequently bringing the cause of action on the other part of the claim.
What do I mean by that? What I mean is that if you sue me for bodily injury and get a verdict for that and then subsequently sue me for property damage, I would be successful in saying to your lawyer that he or she should not have split your causes of action. Since the property damage arose out of the same occurrence, he or she should have brought the property damage action in the personal injury suit – even though there was a separate five-year statute of limitations on property damage. So, this comes into play when someone is only suing for property damage.
Stevens can’t stress the importance of not missing the deadline enough. He says that he even gets calls from his colleagues sometimes because, unlike him, they’ve missed the date. He explained:
I had a colleague that mailed the suit in, but mailed it to the wrong address and it wasn’t filed. I was one of his first calls because he was lamenting. I explained to him that although he had given up his client’s injury claim in the case, the property damage piece was actually worth more than the injury claim. He was overjoyed to realize that he still had a property cause of action.”
In addition, there’s another issue that comes up when you’re disengaging from representing a minor. Let’s suppose I’m representing you for your three-year-old injury claim. Do I tell you that you are free to wait 15 years to file a claim? Only a fool would wait 15 years to file a claim and risk an adverse witness disappearing, but that’s the law. That’s the rule and it gets very complicated.
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Monday, June 15, 2009
Virginia Car Accidents: What Is Contributory Negligence?
Liability for car accidents in Virginia is based on contributory negligence – a term which is often misunderstood. In a recent interview, Doug Stevens, an attorney who has practiced law for 30 years and whose firm focuses on personal injury and car accident matters in Maryland, Virginia and the District of Columbia, explained this type of liability.
VA Liability
Virginia is a negligence and contributory negligence state, according to Stevens, a legal theory that generally prevents a party from recovering for damages if he or she contributed in any way to the injury. In Virginia, the contributory negligence of the claimant must be a proximate cause of the accident – which means that it was the substantial cause of the accident. Stevens provided some insight:
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VA Liability
Virginia is a negligence and contributory negligence state, according to Stevens, a legal theory that generally prevents a party from recovering for damages if he or she contributed in any way to the injury. In Virginia, the contributory negligence of the claimant must be a proximate cause of the accident – which means that it was the substantial cause of the accident. Stevens provided some insight:
In the old days, when comparative negligence came along, a lot of people thought it was going to be a much better system because people had been faced with the heartbreak of being only a small percentage negligent for an accident and having the other person being severely negligent. In that case, the victim ended up with nothing.Stevens says that the main reason for that is that the proper instruction and ruling of a judge is that the plaintiff’s contributory negligence has to be a substantial or proximate cause of the accident. So that gives the jury the chance to actually do justice and then you don’t have to be faced with the diminution of your verdict. Virginia is part of only a handful of states that continue to use contributory negligence, so if you’ve been involved in a car accident in Virginia, make sure to retain an experienced Virginia car accident attorney in order to maximize your recovery.
The idea came along that if a case was worth $100,000 for a broken arm and the plaintiff was 20 percent liable, then the jury could reduce the amount of the reward from $100,000 to $80,000. It sounds like a wonderful system, but unfortunately in practice, it’s turned into a system whereby people yearn for the old days of contributory negligence instruction.
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Monday, June 8, 2009
State should pass reform
North Carolina has been among the four remaining places in the US which enforce this law. It has been costly financially and emotionally to accident victims and their families in North Carolina, Virginia, West Virginia and Washington.
All other states have had for a long time No Fault or Contributory Fault laws that have protected the citizens of their states from being denied their claims.
I know about this from personal experience. On Sept. 1, 2005 I was hit by a car as I tried to cross an intersection in Hendersonville. Even though the light was with me the insurance company said I contributed to my own accident because I risked crossing an intersection that had no marked crosswalk.
Source
All other states have had for a long time No Fault or Contributory Fault laws that have protected the citizens of their states from being denied their claims.
I know about this from personal experience. On Sept. 1, 2005 I was hit by a car as I tried to cross an intersection in Hendersonville. Even though the light was with me the insurance company said I contributed to my own accident because I risked crossing an intersection that had no marked crosswalk.
Source
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