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, October 27, 2010

Railroad Engineer's Award of $2 Million for Repetitive Stress Injuries Affirmed

A Pennsylvania jury awarded a CSX railroad engineer over $2 million for repetitive stress injuries. The engineer asserted that years of hard couplings had caused injury to his neck which ultimately required surgical correction. The railroad appealed the verdict claiming that federal regulations requiring that locomotive cab seats be securely mounted did not apply. The appeals court rejected the railroad's claim and held that the claim was actionable under the Locomotive Inspection Act. Our office is currently handling several repetitive stress cases and we are happy to go over the facts of your situation to see if you have a possible claim. Each case receives our individual attention.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, October 26, 2010

Railroad Crossing Accidents

A newspaper report of a railroad crossing accident in Charlottesville reminded me of how dangerous railroad crossings can be. In particular, rail crossings that do not have any gates are very hazardous. In many cases, the sight distance for a car is limited and it is not until the car is almost on the crossing that the driver can look down the tracks to see if a train is coming. Some crossings only have a sign warning of the crossing. In Virginia, the law favors the railroad when it comes to making a case against the railroad for hitting a car on a crossing. Virginia's doctrine of contributory negligence can be a bar to recovery. However, if the motorist can show that the train did not sound its horn, then comparative negligence applies. As a result, a thorough investigation of the case is needed as soon as possible after the accident. Over the years, I have handled many crossing cases and it is necessary to be familiar with all the state and federal rules concerning crossings. The railroads, such as CSX, Norfolk Southern and Amtrak, all have rules concerning crossings and what train crews are required to do when approaching them. Our office has copies of all of these rulebooks and manuals. Call us for a free review of your case facts.


Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, October 14, 2010

Pedestrian Fatalities Increasing In Virginia

Virginia pedestrian accidents and fatalities are increasing. This trend mirrors the national picture. Interestingly, cities with compact cores fared much better than sprawling, less walkable places. So cities like New York and Boston are statistically safer for pedestrians than sprawling suburban communities like Virginia Beach and Chesapeake. Our firm is working with an injured pedestrian in Charlottesville and the client is lucky to be alive. As a result of being struck by a car traveling at least 35 miles per hour, the injuries were severe. Speed does make a difference in pedestrian accidents. When someone is hit by a car going 20 miles an hour, there is an 80 percent chance of survival. In contrast, when the car is going 40 miles an hour, there is only a 20 percent chance of survival. Speed also affects the likelihood of an accident happening as braking distances increase dramatically as speed increases. The bottom line is that pedestrians need to be very careful because they pay the price in such an accident. Our law firm can help after the accident, but nothing can take away the pain.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, October 12, 2010

Fluvanna Bee Causes 3 Car Accident

A Fluvanna woman's attempt to swat a bee in her car led to a 3 car wreck with injuries to many. In hindsight, I am sure that a bee sting would have been the preferred option for the driver. When I was young, I was a passenger in a car that went off the road when the driver and front seat passenger both reached for a spilled bottle of soft drink. These types of accidents are not uncommon and the cause is the failure of the driver to maintain control of the car when confronted with an unexpected emergency. The emergency is minor but it only takes a second for a disaster to develop. Most of the time, we are able to swat the bee without causing a wreck, but these reported instances of tragedy should remind us that it is better to remain calm and stop the car before swatting.


Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, October 7, 2010

Crozet Man Dies After Motorcycle Accident

Tragically, a Crozet, Virginia resident was killed this week when his motorcycle was struck by a drunk driver who was speeding. The accident happened just outside of Charlottesville on Earlysville Road. The driver of the car is from Ruckersville, which is also in Albemarle County. I have previously posted about the danger of drivers who drink and speed. This combination of risky behaviors is all too common. When you add a two lane road filled with curves and hills, the results are tragic. According to news reports, the victim was a talented young man involved in the wine industry and he had recently married. Our deepest sympathy goes to the widow.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, October 5, 2010

Virginia Tractor Trailer Accident Case Settles for $1.37 Million

The driver of the Dodge Caravan stopped his car on Interstate 81, the Virginia portion, because of snowy conditions. Another car was disabled in the left lane. A Star Transport tractor Trailer swerved to avoid the disable car and struck the Caravan. The driver and his passenger were outside the van but could not escape and were killed in the collision. This tragedy resulted in a lawsuit against the truck driver and the truck owner. The case recently settled for $1.37 million. Is the settlement enough? What is the value of two lives, a father and son? Interestingly, the father's estate received $900,000, while the son's estate received only $437,000. This case highlights the need for experienced counsel who can explore all theories of recovery against the trucking company and driver and who can determine all the insurance coverage that is available.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Monday, October 4, 2010

Medical Malpractice Verdict Of $1.95 Million Upheld

A Virginia Beach Circuit Court judge has upheld a medical malpractice verdict of $1.95 million. The defendant had asked the court to set aside or reduce the verdict. The motion was denied this week and the defendant now has to decide whether or not to appeal the verdict. A trial judge has the power to reduce or increase a jury's verdict. Unfortunately, the power to increase a verdict is rarely used. Usually, a court is much more likely to reduce an award that it views as excessive. This substitution of the court's opinion for that of a jury is often troublesome. The considered verdict of a jury should be given considerable weight and the jury's verdict should only be altered in rare cases. In this case, the damages were compelling and the trial court judge found no reason to disturb the verdict. It is a trial lawyer's job to make sure that the foundation for a large verdict is established in the course of the trial. An experienced lawyer will take the time to call appropriate witnesses who can testify to the "human" damages sustained by the victim.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro