From Charlottesville, Virginia

Covering the state of Virginia, Wilson & Hajek, a personal injury law firm, is centrally located in Charlottesville, Virginia. Francis Hajek is an experienced Virginia personal injury attorney and lawyer who provides aggressive representation and personal service to his clients who have suffered injuries. Since 2007, he has been listed in Best Lawyers in America. www.winjurylaw.com

Wednesday, June 30, 2010

Do All Family Members Get Uninsured Motorist Coverage Under A Virginia Insurance Policy?

Insurance coverage questions are always tricky. They often come up in the context of uninsured motorist coverage. Who is entitled to the coverage? How much coverage is there? When does the coverage apply? These are all questions that are raised after an accident and the answer can determine whether any money is available to the accident victim.
A recent Virginia Federal Court decision looked at who qualified as a resident of a household for purposes of seeing if uninsured motorist coverage was available. The accident victim was a passenger in a car, where there was not enough insurance to cover his claim. He made a claim against his father's automobile insurance policy on the theory that he was a member of the household since he was staying at his father's house at the time and had lived there off and on for years after graduating high school. The court said no, the son was not a household member because his presence there was only temporary and transitory. Key facts in the decision included evidence that the son had purchased a house and was in the process of moving in to his new house. He listed the new house address as his residence of record for several different purposes, including health insurance. The court did not believe that he qualified as a member of the household even though he was a member of the family. This decision highlights the need to maintain sufficient coverage in your individual insurance policy.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, June 22, 2010

Hotel Liability for Assault

I am in Virginia Beach for the week because one of my daughters is in a field hockey tournament that is being played at the National Training Center in Virginia Beach. Most of the players are staying at hotels on or near the Virginia Beach oceanfront. I was asked by one of the parents "What happens if we are assaulted at our hotel? Does the hotel have any responsibility under Virginia law?" Like most lawyer answers, the answer is maybe. It all depends on the facts. Hotels and motels have a duty to provide reasonably safe premises for their guests. This duty of care has its origins in the common law and is now well established. The guest has several ways to show that the hotel did not live up to its duty when the guest has been assaulted. One way is to show that the hotel failed to warn the guest of prior criminal activity at the hotel or around the hotel. Another way is to show that the hotel did not provide security or limit access to guest quarters. There have been several instance where the room locks have been shown to be inadequate. An experienced injury lawyer will investigate all theories of liability to determine what happened and who is responsible. For example, this investigation can involve obtaining local police records. Another key factor is obtaining the guest list and interviewing other guests. If you are the victim of an assault at a hotel, don't delay. Talk to an experienced lawyer to determine your options.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, June 17, 2010

Death on the Railroad - CSX Conductor Killed

According to news reports, a CSX conductor was killed last week near Richmond, Virgina when he was struck by a passing train. This tragic incident is a sobering reminder of how dangerous railroad work is for the men and women who work on and around heavy, moving equipment. Our lawyers have handled many wrongful death cases, for railroaders and non-railroaders, and each one is a self contained drama. We work hard to make sure that the victims' families are compensated, but nothing makes up for, or replaces, the individual who has died. Fortunately, the Federal Employer's Liability Act, also known as FELA, provides a system of recovery that favors the railroad worker's survivors. For more information on the FELA or if you have questions about it, contact our office and one of our lawyers will be happy to assist you.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, June 16, 2010

Slip and Fall Dismissed in Charlottesville

In a recent decision, Kitts v. Boddie Noel Enterprises (Hardees), by Federal District Court Judge Moon in Charlottesville, Virginia, the perils of slip and fall claims are well illustrated. In brief, the court found that the condition which caused the fall was open and obvious and so granted summary judgment to the defendant. The plaintiff had fallen while exiting her car. She did not see a concrete wheel block underneath the running board of her car. The wheel block was painted orange and was a permanent part of the parking lot. The plaintiff's husband had parked the truck parallel to the wheel block instead of heading in to the parking space because a trailer was attached to the truck. The key legal justification for the decision rests on the legal principle that a plaintiff should see what an ordinary person should see if they are exercising reasonable care. It was undisputed that the plaintiff did not actually see the block, but that fact was not relevant to the court's decision. The court reasoned that if the plaintiff had been paying attention, she would have seen the condition because it was open and obvious. This finding negated the plaintiff's contention that the block was a hazardous condition. This decision tracks Virginia case law in this area of the law and shows that just because you slip and fall at a business, it does not mean that you have a claim. An experienced injury lawyer can help you determine if the facts of your case have merit.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Truck and Bus Drivers Hide Traffic Convictions

The Richmond Times Dispatch has reported that truck and bus drivers have been able to hide their traffic convictions by attending driving school and then having the conviction erased from their record. This procedure is not permitted under federal and state regulations governing the holders of commercial driver's licenses. However, the drivers have been given this break because prosecutors say they did not think it was fair to jeopardize someone's job. This discovery came in the wake of a fatal accident caused by a bus driver who hit a pedestrian. The driver had several prior traffic convictions but they did not appear on the driver's record and the employer was not aware of them. This loophole has been utilized many times by truck and bus drivers in the Richmond area. Local prosecutors say the practice will no longer be permitted. However, the question remains as to how many other Virgina jurisdictions permit this practice. In Charlottesville, a truck driver recently struck and killed a bicyclist. The truck driver was not charged with any offense although his CDL was not in proper order. Clearly, truck and bus drivers need to be held to a higher standard of care if they are going to be permitted to operate large vehicles on the highways. Employers should be made aware of their traffic infractions so that the driver can face the consequences of poor driving behavior. Federal law requires it and the Virginia courts should not permit it.


Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, June 15, 2010

Virginia Law and Childseats

The Virginia Supreme Court has issued an opinion concerning child seats and restraints. Sadly, the case concerned an unrestrained 4 year old in a pickup truck who was injured in a head-on collision. The trial court judge ruled that Virginia Code Section 46.2-1095 barred the the child's claim because although the section requires a child younger than age eight to be restrained, it says that a violation of the section "shall not constitute negligence." The Virginia Supreme Court reversed because it concluded that the reference to negligence should be interpreted to mean "negligence per se" and so a claim of negligence would not be barred. The Court looked to Virginia Code Section 46.2-1098 and said that the sections must be read in conjunction and that the legislature meant "negligence per se" in both sections, although it only used that term in the Section 46.2-1098. This section establishes a monetary penalty for violation of the provision. Dissenting, Justice Kiser opined that the language should be read as it is written. It seems that the General Assembly needs to clarify what it intended.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, June 2, 2010

Charlottesville District Court Allows Sexual Harassment Case To Proceed

Charlottesville District Court Judge Moon issued an opinion allowing a Title VII sexual harassment case to proceed against Carter Bank. The case is pending in federal court, not the Virginia state court system. The reason for this is that the action arises under a federal statute and so the federal court has jurisdiction to hear the matter. The lawsuit alleges that 3 female employees of the bank were sexually harassed by a female supervisor and that the bank did not prevent the behavior. The case includes a count asking for punitive damages. Such cases require very specific factual allegations if they are going to be allowed to proceed. It is not enough just to allege bad behavior. A well drafted complaint will set out the various instances of sexual harassment so that the court can make an initial determination that the essential elements of the claim have been outlined. In this case, the plaintiffs described several instances of sexually harassing behavior and so survived the defendant's challenge to their case. Discovery in the case is the next step and ultimately, a jury trial may be scheduled if the parties cannot agree on a settlement.



Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Checking Your Car Insurance After An Accident

I have written about insurance coverage before, but I have recently had a lot of callers who have had an accident and who have no idea what their insurance coverage is. Most of them are unhappy to learn that they do not have as much coverage as they thought. Why does this matter? Well, most car accident victims who have injury cases have to look to their own insurance policies for coverage, specifically the uninsured or underinsured coverage limits. Quite often, the other driver who is at fault in the accident has only $25,000 in coverage. If the injury case has a value of more than this minimal coverage, the injury victim has to look to their own insurance policy. Do you know what your coverage is? Some people have lower limits for their uninsured motorist coverage. This makes no sense as you are limiting your own recovery in the event of a car wreck where you are injured. Everyone should have at least $300,000 coverage per person, including uninsured motorist coverage. Whether you are in Charlottesville or Virginia Beach, your odds of being in an accident with someone who has little or no coverage are pretty much equal. So protect yourself and make sure you have adequate coverage. By the way, I don't sell insurance. I just have to inform injured people that their coverage is inadequate for their injuries. And that is not much fun.



Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, June 1, 2010

Traffic and Accidents

TRAFFIC – TRAFFIC – TRAFFIC!!! The “Terrible T’s” in Charlottesville and Virginia Beach.

There is traffic, tourism, tunnels, tempers and traffic accidents. The lawyers at Wilson & Hajek start getting the calls when the “Terrible T’s” start in Charlottesville and Virginia Beach.

Virginia has two distinct areas for tourism. One is the beaches and the other is the mountains. These are two distinct groups, with two distinct agendas, but with the same “Terrible T’s”.

One major problem when the “Terrible T’s” visit you is that you are not near home and you need help with towing, car assistance, lodging and legal help. Tickets are usually involved in accidents.

Whether you are in Charlottesville, Virginia Beach or other parts of Virginia you can call toll free 877-222-1588 to the Wilson & Hajek personal injury law firm and receive that help you need to get through the “Terrible T’s”.



Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro