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

Monday, February 28, 2011

Serious Injuries and Legal Advice in Virginia

SERIOUS INJURY AUTO ACCIDENT | WHAT TO DO | INJURY ATTORNEY | VIRGINIA

When a person is seriously injured in an auto accident, there is often confusion and mixed advice offered by well-meaning individuals.

Following a serious auto accident, truck accident, or motorcycle accident, the seriously injured often wake up in the hospital. Following the trauma and while suffering from injuries, the seriously injured person is in a weakened state. That is not the time to talk with insurance claims agents, who do not have your best interest at heart. The seriously injured person needs professional advice from a person who has their best interest at heart. If there is a family member who has training or works in the legal field, then you can turn to them for advice. If not, you should contact an experienced attorney who concentrates in the field of serious personal injuries. That attorney will give you good advice during a free initial consultation. You are then prepared to fend off the questions and demands for a statement put to you by an insurance agent. You are then prepared to decide if you need professional and experienced legal advice about your claims for physical and mental injuries, medical bills and property damage.

The attorneys, investigators and legal assistant at Wilson & Hajek are pleased to offer you their personal assistance in matters involving serious personal injuries where another person is at fault.



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

Accidents on I-95 in Vrginia and Other States

TRUCK ACCIDENTS | I-95 | VIRGINIA TO FLORIDA ATTORNEYS

Spring is here and the lucky people heading south cause a heavy mixture of cars and trucks on I-95.

I-95 is almost a parking lot between Virginia and Florida during spring break. The dangerous mixture of tractor trailer trucks and increased automobile traffic lead to the inevitable truck and car accidents. Unfortunately, for the vacationers heading south, I-95 contains some of the most dangerous stretches of road on the east coast. Drivers heading south or returning home must look out for trucks and cars following too closely, weaving in and out of traffic and driving aggressively.

A word of advice from experienced truck accident and auto accident attorneys, drive defensively and expect the unexpected. If this does not work and an accident happens, rely on experienced trial lawyers who practice law from Florida to Washington, DC. Wilson & Hajek offer legal and investigative assistance for serious injury cases involving truck accidents and auto accidents. Our law practice is Only Injury Law. Call for a free consultation.



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

Railroad Crossing Accidents in Virginia And Other States

RAILROAD CROSSING ACCIDENTS | DEATH | VIRGINIA

Located in Charlottesville and Virginia Beach, Wilson & Hajek represents railroad crossing accident victims.

Between an automobile and a train, the train wins 99.99% of the time. Every year, there are large numbers of car accidents with serious injuries that result from the collision with a train. The many “sign only” crossings in the State of Virginia contribute to the rise in deaths at railroad crossings. In Virginia, private crossings do not require any signs and often do not require a whistle warning to be sounded by the oncoming train. It is during such instances that a trained investigator and/or lawyer must examine the scene of the crossing accident to make certain:

• If all state laws were complied with before the accident or death;
• If all rules of the railroad to warn pedestrians or vehicle operators of an oncoming train were followed;
• Whether the crossing is a public or private crossing as different rules apply to each;
• Whether or not there are whistle posts, blocked views, etc.;
• Make a determination of facts to find out if any negligence occurred to cause the collision.

The lawyers and investigators at our firm have experience in representing persons injured or killed at railroad crossings. We have investigated and made determinations of fault in Virginia, North Carolina, West Virginia, South Carolina and Florida. Call our Virginia Beach or Charlottesville offices for a free consultation.




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

I-81 Accidents in Virginia

TRUCK ACCIDENTS | I-81 | VIRGINIA AND POINTS SOUTH - ATTORNEYS

Spring is here and the lucky people in western Virginia heading south cause a heavy mixture of cars and trucks on I-81.

Interstate 81 is almost a parking lot in Virginia (south towards Roanoke) during spring break. The dangerous mixture of tractor trailer trucks and increased automobile traffic lead to the inevitable truck and car accidents. Unfortunately for the vacationers heading south, I-81 has dangerous stretches of road. Drivers heading south or returning home must look out for trucks and cars following too closely, weaving in and out of traffic and driving aggressively.

A word of advice from experienced truck accident and auto accident attorneys, drive defensively and expect the unexpected. If this does not work and an accident happens, rely on an experienced trial lawyer who practices law from Virginia to points south. Wilson and Hajek offer legal and investigative assistance for serious injury cases involving truck accidents and auto accidents. Our law practice is ONLY INJURY LAW. Call for a free consultation.



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

Train Strikes And Kills Waterworks Employee On February 25, 2011

FEBRUARY 25, 2011 TRAIN CROSSING ACCIDENT | AMTRAK TRAIN KILLS WATERWORKS EMPLOYEE - Virginia

An Amtrak train traveling from Newport News to Richmond struck and killed the driver of a pickup at a crossing marked only by a sign. The absence of gates and warning lights at railroad crossings creates a dangerous situation for persons using these crossings and for the train crews and passengers on Amtrak trains.

The State of Virginia has many of these “sign only” crossings. Just last year a woman was killed in James City Count at a crossing which had only a sign. The railroads should be working harder to provide protection to the general public at these crossings. Gates and flashing lights would undoubtedly save lives of the general public and prevent injuries to train passengers and train crews.



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

Wednesday, February 23, 2011

Justice Delayed: Virginia's Judicial Crisis

Jury Trial - Personal Injury - Virginia Courts

As an experienced personal injury attorney handling accident cases all over the state of Virginia, I like to move my client's cases along by setting a trial date as soon as possible. I have always been able to tell my injury clients that we can get a trial date in Virginia pretty quickly compared to other states, and most of the time, their injury case will be tried by a jury within a year from the date of filing the case. Unfortunately, Virginia's legal system is now in a crisis that makes it impossible to predict when a case will see the inside of a courtroom. Currently, there is a freeze on the appointment of new judges to the trial bench. The effects of that freeze are just beginning to be felt. Frederick County just announced that due to the retirement of one of its three judges, no more cases will be scheduled for jury trials until the remaining judges can work through the backlog of cases already on the trial docket. The bottom line is that we need more judges and, as judges continue to retire, the need is going to become even greater.

If you are as concerned about this as I am, contact your legislators and let them know that they need to fill all vacant judicial seats as soon as possible to get Virginia's legal system back on track. For as the saying goes, justice delayed is no justice at all.


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

Wednesday, February 16, 2011

Is The Employer Responsible For an Accident Caused By The Employee

RECOVERY FOR AN INJURY CAUSING ACT OF AN EMPLOYEE | VIRGINIA INJURY ATTORNEY DISCUSSES RECOVERY

When a person suffers an injury by an employee, the question asked is can a recovery be made against the employer. This discussion answers that question.

For the discussion of employer responsibility for an employee’s negligent acts, the example will be used of a truck and auto accident. If a truck driver is working and commits a negligent act which injures a person in a car, can the person in the car take action against the employer? (Same for an employee striking a pedestrian).

To recover against the employer (usually owner of truck) it must first be proven that the employer had the right to control the employee and the employee’s means and methods of performing the work. It is then necessary to prove the employee acted in a negligent manner. The same as other cases involving a personal injury. It also must be proven that the employee was negligent while acting within the scope of his employment.

There are many different scenarios that come into play. But usually, an experienced personal injury accident attorney can prevail in a case once the above is proven. The general answer is yes, you can sue an employer when an employee commits a negligent act that causes injury to another person.

Please call if you have a serious injury and need more information based on the specific details of your case.



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

Are You Responsible If You Lend Your Car

LENDING YOUR CAR | BORROW VEHICLE | INVOLVED IN WRECK

A car is loaned out and the car is in an accident with injuries. A Virginia accident attorney discusses the law.

When you loan a car in Virginia you may be responsible for the negligent acts of the driver under certain circumstances. A Virginia accident attorney discusses those circumstances under which you may be liable.

You should never lend your car to a person who is considered an unfit driver. If that unfit driver is involved in an accident caused by their negligence, which is a result of the unfitness, the person lending the car may be liable to the injured party.

An unfit driver is a person in the following categories:

• Underage
• Lack of experience
• Physical incapacity to drive
• Mentally unfit to drive
• Drug impaired
• Alcohol impaired

Permission to drive the car can be express, that is given directly, or implied when derived from the circumstances, general language, or conduct of the parties. The following must be proven in order to hold the lending party liable for the accident and any damages:

• Permission was expressed or implied
• The party borrowing the car was unfit
• The party lending the car knew the driver was unfit
• The party borrowing the car was negligent as a result of the unfitness
• The negligence caused the accident and injuries

Once these are proven, the party who loaned the car can be held liable. Be smart, and be careful about lending your car. This is advice from an auto accident attorney who draws from the Virginia Model Jury Instructions to discuss negligent entrustment. (Lending your car).


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

Monday, February 14, 2011

The Sudden Emergency Defense in Car Accident Cases

Car Accident - Personal Injury - Virginia - Sudden Emergency Defense

Personal injury case law in Virginia permits a defendant in a car accident case to raise the defense of sudden emergency. What this means is that the defendant is claiming that he or she was confronted with some set of circumstances that did not give time for the deliberate exercise of judgment. The defense does require that the defendant prove that he or she acted reasonably under the circumstances. Virginia case law holds that this type of defense should rarely be permitted. It is only appropriate where the emergency is truly an unexpected event and, most importantly, it is not a result of the emergency being created by the driver's own negligence. For instance, puddles of water on a highway during a rainstorm should be anticipated by the prudent driver. The puddles are not "unexpected." Also, it is not "unexpected" that a car in a line of traffic will stop suddenly. So you can see that there are actually very few occasions where such a defense is going to be available.

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

Thursday, February 10, 2011

If You Blog It, It Will Happen

I recently posted an article about ice in the Charlottesville area and safe driving. After my experience this morning, I need to revise the article. This morning there was a 2 hour school delay because of safe driving concerns. And, there was some snow and ice on the road, particularly in my hilly neighborhood. As I left to take my children to school, I followed the advice of all the experts. I was going slowly and paying careful attention. But suddenly, I noticed that the car was going straight even though i had turned the wheel in the direction of the downhill curve. Gradual application of the brakes did nothing to slow me down. I just slid off the road and then stopped. So the lesson is that when ice is involved, all bets are off. You just have to stay home. Lesson learned!

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

Virginia Trial Lawyer Tools

IS YOUR PERSONAL INJURY ACCIDENT ATTORNEY READY FOR COURT?

“Tools of the trade” for a personal injury accident attorney are a must for full and fair jury verdicts.

Many people do not realize that a good personal injury accident attorney needs “tools” to take to court, just like a carpenter needs a hammer, saw, level, etc. to do his job. The well prepared personal injury accident attorney will have exhibits prepared well in advance. These exhibits will show the scene of the accident through the use of photographs, videos and when possible, aerial or Goggle Earth depictions. The attorney will also use x-rays, with an x-ray view box, medical illustrations, and medical models when the case calls for that use at trial. Through the use of these trial tools the injury and accident attorney can “take” the jury members to the scene and have them understand how the accident happened. With the medical “tools”, the injury and accident attorney can cause the jury to understand the nature of the injury and the serious nature of the injuries.

When all this is done properly, the accident and injury attorney can stand before a jury in a closing argument and ask that the jury award a full and fair monetary verdict for the injured party. Only then has the attorney made full use of his “tools of the trade”.


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

Thursday, February 3, 2011

Charlottesville Ice and Injuries

ICE, SNOW AND SLIPPERY ROADS LEAD TO AUTO ACCIDENTS AND PERSONAL INJURY

February 2, 2011 – The recent and massive winter storms have caused slippery roads, auto accidents and personal injury to many drivers.

Many residents of western Virginia look forward to spring. The winter is only half over and we have had our share of icy roads, difficult driving and auto accidents with personal injury. Wilson and Hajek opened a Charlottesville office to complement their Virginia Beach office a year ago. After enjoying the spring, summer and fall weather, we experienced winter driving in the Charlottesville area. Our opening in Charlottesville to complement our being able to serve injured Virginia residents across the state resulted in a few surprises. The first was the need to purchase a snow shovel and have transportation that would get us to the office.

Our opening in Charlottesville has allowed us to better serve the residents of Albemarle, Nelson, Orange, Madison, Waynesboro, Staunton, Louisa, Fluvanna and points west. The winter season has resulted in dangerous driving conditions. Please be safe and please call if you need our help with auto accidents or personal injuries.


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

Tuesday, February 1, 2011

Charlottesville Injury Law - Aggravation of Old Injury

Accident attorneys often meet with clients who have aggravated an old injury in a car or truck wreck. Virginia law allows for a recovery of damages in this situation. While you cannot recover for the old injury, you can make a claim for an aggravation of a pre-existing condition. Perhaps the best example of this situation is where the injury victim had a log standing back condition. The back problems may be the result of arthritis or a prior injury. To the extent that the recent car or truck accident aggravates or worsens the condition, damages are recoverable. There is even a Virginia model jury instruction that sets out this principle.I recently had this issue come up in a case out of Nelson County where the driver of a tractor trailer was speeding and struck a car stopped at a red light on Route 29. The driver of the passenger car had a history of neck problems but had not had any treatment for those problems for several years. His x-rays showed degenerative changes that had happened over time, not because of the accident. However, he did have a lot of pain and muscle spasm or tightness after the accident. His treating doctor believed that the accident had made his condition worse. In these situations, the insurance company or defense lawyer always tries to put the blame for the injuries on the prior accident. In order to fight this tactic, I interview friends and family members and use these fact witnesses to establish that the neck had not been a problem for the intervening years. In this way, an experienced injury lawyer can protect his client and successfully pursue the claim.


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