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, September 30, 2013

Auto Accidents And Teen Drivers. As an experienced personal injury lawyer and attorney in the Charlottesville Albemarle area, I already knew that teen drivers are more likely to be involved in fatal car accidents. Now there is confirmation of my practical experience. A researcher at TTI (Texas A&M Transportation Institute) analyzed 10 years of traffic data and determined that teenage drivers(19 an younger) are approximately eight times more likely to have a fatal auto accident when they are driving with two or more teenagers in the car. This statistic represents a thirty percent increase in teen deaths related to automobile accidents. In addition, teenagers as a group are three times more likely to die in auto accidents. In fact, car accidents resulting in traffic fatalities are the leading cause of death for teenagers. Virginia does have restrictions on teenage drivers and their ability to transport other teenagers who are not family members. Interestingly, the traffic researcher attributed the increase in car accidents and traffic fatalities to the incomplete development of teenage brains. Apparently, the area of the brain that is responsible for weighing the consequences of risky behavior is not yet fully developed. It is the last area of the brain to develop and as a result, slightly older drivers do not have the same risk of death while driving. Practically, I have had to deal with the tragedy of representing the survivors of auto accidents where a teenage friend has died and the survivors have serious personal injuries. I do not expect these statistics to improve in the near future as increased use of cell phones while driving, including texting, continues to result in more car accidents. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro

Thursday, September 26, 2013

Texas Train Derailment Leaves Two Critically Injured. A CSX train in Virginia derailed last week. This week, it is a BNSF train in Texas, near Amarillo. Unfortunately, the Terxas train derailment has resulted in serious personal injury to two railroad employees. Apparently, a BNSF train struck a stopped train and the resulting train derailment caused significant personal injuries to the crew members of both trains. Two of the railroad employees injured in the Texas BNSF train derailment are in critical condition. Hopefully, both of the railroad employees will recover, but their railroad careers may be over. The cause of the Texas BNSF train derailment has not yet been determined. Although the BNSF will look into the cause of the derailment, the NTSB will conduct an official investigation of the derailment. In addition, the injured railroad employees may retain lawyers to help them with their personal injury cases. Since the injured crew members are railroad employees, they are covered by the Federal Employer's Liability Act, or FELA. FELA permits injured railroad workers to make a claim directly against their railroad employer for any injury suffered at work. The injured railroad employee then has to prove that there was some negligence of the railroad that contributed to cause the injury. In the case of a derailment, the railroad negligence could be as simple as a failure of the signal system to warn of the presence of a stopped train ahead. It could also be the negligence of another railroad employee. An experienced FELA lawyer knows railroad practices and can investigate the causes of a derailment to determine what happened and where negligence occurred. In an earlier train derailment case, I was able to establish the cause of a derailment that resulted in serious personal injury and the jury delivered the largest personal injury verdict ever for a mild traumatic brain injury. The verdict plus interest was for over 60 million dollars. You can read about the details of the case on my firm's website at www.winjurylaw.com. But right now, our thoughts are with the critically injured railroad employees in Texas and we hope they have a good recovery. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro

Tuesday, September 24, 2013

Traffic Research At Virginia Tech Looks At Sign Visibility In Fog. In the wake of a 41 car accident on I-81, experts in traffic and visibility at Virginia Tech are looking at several options for new signs on I-81 to warn of fog and other adverse traffic conditions. Researchers have been using simulated fog banks on test tracks to determine what kind of sign offers the best warning to drivers and is the most visible. The results of the research may also affect local traffic in the Charlottesville Albemarle area as new signs are being considered for I-64 in the Afton mountain crossing. I have worked with traffic engineers on several personal injury cases. It can be very important to look at road conditions and other traffic safety issues to determine the cause of an accident. Was it driver error or were there other factors involved in the accident? Sometimes, even an experienced personal injury lawyer has to consult an expert to conduct a more extensive and scientific review of the evidence in order to prove a legal case of causation. 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, Greene, Augusta, Staunton, Waynesboro

Monday, September 23, 2013

Virginia Train Derailment Results In Railroad Injuries. Last week, a CSX train derailed in Southampton County. The train derailment took place in the early morning hours and the cause of the derailment is not yet known. The 41 car train was carrying mixed freight and originated in Portsmouth, Va. It was en route to Rocky Mount, NC. What we do know about this train derailment is that the two railroad employees aboard the train suffered injuries and that one of the train crew members had to be taken by helicopter to the hospital. We also know that diesel fuel from the train engine caused a large fire. Railroad employee injury incidents like this are not uncommon. Railroad work is particularly dangerous. For that reason, railroad workers are covered by a special law, the Federal Employer's Liability Act, or FELA, that allows them to make a legal claim for their railroad injury or injuries against the employing railroad, whether it is CSX, Norfolk Southern, or even a smaller railroad like the Buckingham Branch Railroad. Train derailments are not uncommon. Earlier this year, a CSX coal train derailed near Scottsville, Va. Fortunately, the railroad employees were not injured in that railroad accident. Our law firm has handled a large number of railroad employee injury cases. Cases involving the FELA are quite different from automobile accident cases. The important issues in a railroad injury case require experience in the field to identify and address those issues as soon as possible. For instance, in a recent railroad employee injury case involving the Buckingham Branch Railroad, a site visit and early investigation proved crucial in resolving the injured railroad employee's FELA case. Please contact me directly if you need advice concerning a railroad injury and your FELA 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, Greene, Augusta, Staunton, Waynesboro

Friday, September 20, 2013

Virginia Medical Malpractice Lawyer Comments On Malpractice Cap. As a Charlottesville personal injury lawyer and attorney, I get a lot of calls about potential Virginia medical malpractice cases. Most medical malpractice victims are not aware that Virginia has a cap on medical malpractice damages. Currently, the cap is 2 million dollars. While this sounds like a lot of money, if the medical malpractice victim has medical bills of 2.5 million dollars, the cap still applies. It is an absolute limit on damages. As a result, bankruptcy may be the only option for the Virginia medical malpractice victim. The medical malpractice cap has been in effect since 1976. Most medical malpractice attorneys and lawyers look at the cap as a license that has been given to insurance companies, a license to gamble. Medical malpractice insurance companies know that their exposure is limited to the cap and so they can always gamble that they will do better than the cap amount in every case by just letting a judge or jury decide the damages. Even if the medical malpractice is the result of errors by several doctors and a hospital, the cap applies to all defendants in the case so that the most that can be recovered is the cap amount. Challenges to the cap on constitutional grounds have been rejected by the Virginia Supreme Court. 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, Greene, Augusta, Staunton, Waynesboro

Tuesday, September 17, 2013

Virginia State Police Ticket Over 1,000 Drivers In One Day. The Richmond Times Dispatch reports that the Virginia State Police hit drivers on Virginia interstates with over 1,000 tickets this past Saturday. Enforcement efforts focused on I-81, I-64, and I-95. There have been many car accidents involving both trucks and cars on Virginia interstate highways in recent months. Virginia personal injury lawyers and attorneys have been kept busy as accident injuries and fatalities have mounted. A recent accident on I-81 involved over 40 cars and trucks with many injuries. In the recent crackdown on drivers, there were over 1,00 speeding tickets, 255 reckless driving citations and numerous drunk driving charges. The funding for the traffic enforcement operation came from federal highway safety funds. The ticket proceeds will benefit Virgina's Literary Fund. 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, , Greene, Augusta, Staunton, Waynesboro
Louisa County Car Accident Causes Two Fatalities. Virginia State police report a single car accident killed the driver and passenger in Louisa County, Virginia. Speed was reported to be a factor as the car rolled over several times. This brief description of the car crash does not convey much information about this tragic car accident, nor does a picture emerge. We know that both the driver and passenger were wearing seat belts. We know that the driver was only 21 years old. Apparently, he lost control of the car and ran off the road at 9:15 p.m. on a Sunday evening. We also know that he passenger was 41 years old. Beyond these facts, our imaginations must fill in the blanks. A photograph would help. As a personal injury lawyer with decades of experience, one of the first resources that I always use is the police file. When there is a fatality involved, I usually find a detailed file that is full of photos, measurements and witness statements. Under new procedures, it is now much more difficult to access state police files. The accident report from a state trooper must be obtained through the Division of Motor Vehicles. Virginia personal injury lawyers are working to change this new procedure as it imposes a real burden on car and truck accident victims. As an experienced personal injury attorney, I appreciate the effort to streamline the procedure for obtaining car and truck accident reports, but those reports need to be readily available so that a prompt and thorough investigation of the accident facts can be undertaken. 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, Greene, Augusta, Staunton, Waynesboro

Sunday, September 15, 2013

Madison, Va. Personal injury Lawyer Reports. Sometimes you can choose which county or city court will be the place for your client's lawsuit. More frequently, a Virginia personal injury lawyer and attorney is limited to the county or city where the car or truck accident happened because that is where the accident happened and the car or truck driver who caused the accident also happens to live in the same city or county. If by chance, the driver who caused the car or truck accident lives in a different city or county, the Virginia personal injury attorney and lawyer can consider filing the lawsuit in the driver's place of residence. These choices, also known as venue selections, can be very important to the outcome of a personal injury case. Some jurisdictions have reputations as being favorable for plaintiffs and others are known to be favored by defendants. Sometimes it is the reputation of the judge in a particular county or city that can influence the venue choice for a personal injury lawsuit. But for a Virginia personal injury lawyer to have a choice in the selection of the place of the lawsuit, there must be some fact that provides that choice, such as a defendant who lives out of state, or even in a city that has plaintiff friendly reputation. For instance, if you are driving on I-64 in the Charlottesville area and a truck driver from Madison, Va. causes an accident, the Virginia personal injury attorney can choose between the court in the city of Charlottesville and the court in Madison County. These choices are set out in the Virginia code provisions governing venue in civil actions or lawsuits. There are many factors that go into a venue choice. It could even be determined by the personal injury attorney's knowledge concerning which court will provide a speedier trial date. 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, Greene, Augusta, Staunton, Waynesboro

Wednesday, September 11, 2013

Albemarle Motorcycle Accident Results in Crash Fatality. The Virginia state police accident reconstruction team is investigating a motorcycle crash in Albemarle County that left the 18 year old motorcycle operator dead. Preliminary reports indicate that the motorcycle rider was speeding when a GMC Yukon SUV turned into his path of travel. The SUV occupants were not injured, which is not surprising because they were in a vehicle that weighs over 6,000 pounds. Motorcycles do not win battles with trucks or SUVs. In our personal injury practice, we have worked with traffic experts who formerly were with the Virginia state police accident reconstruction team. It can be important to show how an accident happened, or how it could have been prevented, and such an expert can assist in court. The estate of the motorcycle rider likely has the fact that the motorcycle rider may have been speeding is probably one of the causes of the accident. The bar of contributory negligence applies whenever it is established that the claimant contributed to the accident, even if that contribution was not a major cause of the car crash. The doctrine is harsh and it may be that juries do not apply it when the contributory negligence is not a significant cause of the car or truck accident. Most states have adopted comparative negligence where the court or jury compares the respective fault of the parties involved in the accident. 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, Greene, Augusta, Staunton, Waynesboro

Tuesday, September 10, 2013

Personal Injury Lawyer Attorney in Louisa, Va., Comments On Recent Crash And Accident The recent report of a crash causing injury to 8 people in Louisa, Va. caught my attention because the accident involved a golf cart. The eight people who were injured were all on the same golf cart when it was involved in an accident. I have never seen eight people on a golf cart. Most carts seat two people and some have a back seat that will accommodate two or three people. I suppose you could squeeze four people into each seating area, but it seems that such a crowd would make the golf cart difficult to handle. As a personal injury lawyer, one issue that comes to mind for the injured is whether there is insurance coverage for their injuries. Since the golf cart was being operated on a public road, I think everyone's automobile insurance comes into play. But, if the cart had been on a golf course, I do not think auto insurance policies would have covered the injured. Homeowner's insurance policies could also provide some coverage, but the language of each policy would have to be examined to see if there is coverage. Some golf cart owners have golf cart insurance. It is readily available and provides coverage just like an automobile insurance policy. Although we don't know the definitive answer about insurance coverage for the victims, we do know that the driver of the golf cart was charged with reckless driving. 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, Greene, Augusta, Staunton, Waynesboro

Saturday, September 7, 2013

Charlottesville Personal Injury Lawyer Reports On Traffic For Game Day. For the second weekend in a row, Charlottesville is expecting a near sellout crowd to attend the UVa football game. Traffic on I-64 and on Route 29 will experience episodic backups as fans arrive for pre-game festivities. The game begins at 3:30 and should end around 6:30. This is also the third day of the Lockn music festival in Nelson county and fans attending just for the day will have to navigate through he football crowds if they are going through Charlottesville and Albemarle. VDOT traffic cameras do not reveal any current traffic issues. In fact, I-64 is remarkably free of traffic. There are 17 traffic cameras in the Charlottesville area and it is worthwhile to check the ones for your trip before leaving home today. 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, Greene, Augusta, Staunton, Waynesboro

Friday, September 6, 2013

Nelson County Traffic Creates Headaches. Personal injury lawyers cover a lot of ground in their practices and I have tried several cases in Nelson County, Virginia. It is home to Wintergreen ski resort and I have represented the injured skier. However, the usually quiet roads of Nelson County have been challenged by thousands of visitors to the inaugural Lockn music festival. Festival organizers expect around 25,000 people to attend the 4 day music festival which is taking place at Oak Ridge in Nelson County, Virginia. Some festival attendees reported being stuck in traffic for nearly 12 hours, although average wait times were in the 3-4 hour range. Fortunately, I have no scheduled appearances in the Nelson County Courts during the festival and my personal injury clients who live in Nelson County have been advised to avoid travel on Route 29 while the festival is ongoing. What's more, Nelson County deputies have assisted with traffic control and have apparently done an excellent job as no car accidents were reported. Let's hope the traffic settles down and everyone can enjoy the beauty of Nelson County while listening to the music. 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, Greene, Augusta, Staunton, Waynesboro

Thursday, September 5, 2013

Car Accidents And Fatalities Dampen Labor Day Weekend Festivities. Virginia State Police report that there were 636 car accidents in Virginia over the Labor Day Weekend. In addition, nine people died in car accidents in Virginia (one was on a moped). Sadly, five of the people who died were not wearing their seat belts. Alcohol was a factor in at least two of the deaths. In an earlier post, I discussed the predictions of the National Safety Council regarding potential fatalities over the Labor Day Weekend. The Council predicted a 6% increase in traffic fatalities over last year. For Virginia, the actual increase in fatalities was 50% as last year there were only 6 fatalities. Virginia State Police did increase enforcement efforts over the weekend. Police wrote 11,204 speeding tickets and arrested 108 people for driving under the influence. Also, there were 2,464 tickets for reckless driving. These types of statistics seem impressive until you consider the millions of drivers who were on Virginia's roads over the weekend. The only good news coming out of the State Police offices is that overall, fewer people have died in car accidents across the Virginia compared to last year. But, it seems drivers are rushing to make up the difference. If you have been injured in a car accident or tractor trailer truck accident, contact me for a free consultation on your rights as a personal injury victim. 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, Greene, Augusta, Staunton, Waynesboro

Wednesday, September 4, 2013

Fluvanna Personal Injury Lawyer Discusses Deadly Tractor Trailer Accident. A recent tractor trailer truck accident in Fluvanna county, Virginia left one man dead and his wife seriously injured. The accident happened on Route 15 and involved a tractor trailer truck. The driver of the passenger car was traveling north on Route 15 in Fluvanna county when he slowed to make a left turn. The tractor trailer truck was behind the car and did not slow down enough. As a result, the truck struck the passenger car in the driver's side, killing the driver. The truck diver was charged with reckless driving. Interestingly, the tractor trailer was not loaded at the time of the accident, which might account for the speed of the tractor trailer and the failure of the the truck driver to stop before causing the accident. Route 15 in Fluvanna county is for the most part a 2 lane highway and it can be treacherous if posted speed limits are not obeyed or if a driver follows too closely. The Virginia State Police Motor Carrier Safety Team and Accident Reconstruction Team arrived at the scene of the accident to assist with the investigation. As part of our personal injury law practice, it is sometimes necessary to have an expert assist in determining the cause of a car accident. Tractor trailer accidents can be particularly challenging. One of the experts with whom I have worked in serious truck accident cases is the former head of the Virginia Accident Reconstruction Team. His expertise in the area of car and truck accidents has been very helpful in proving fault where the defendant driver denies responsibility for causing the car crash. Our personal injury law practice knows when experts are needed to prove the case and we get the expert to the scene as soon as possible to make sure that the investigation is timely and that physical evidence,such as skid marks, does not disappear. Contact our law firm at (434) 202-8181 for more information about auto accident injury cases and how we can help. 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, Greene, Augusta, Staunton, Waynesboro

Tuesday, September 3, 2013

Crozet Railroad Tunnel And Track To Become Trail And Park. Albemarle and Charlottesville railroad enthusiasts, as well as everyone who enjoys the outdoors, will look forward to the opening of a section of the Blue Ridge Tunnel to the public. The tunnel was built in the mid-1800s as a railroad route under the Blue Ridge mountains. It is located in Afton, Virginia. The tunnel was designed by the French engineer Claudius Crozet and was built by Irish laborers and slaves. The tunnel was used until 1944, when the C&O railway completed a larger tunnel to handle modern freight trains. The tunnel is carved out of greenstone and is about 4,200 feet long. The planned trail will open up 700 feet of the tunnel from the Crozet side. It will be preceded by a 3,400 foot walking trial from the Afton depot along the old railway bed. According to published reports from the Charlottesville Daily Progress, the project is being overseen by Nelson County, but includes representatives from Albemarle and Augusta counties and the city of Waynesboro. Until the project is completed, the tunnel remains inaccessible as private property is involved. 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, Greene, Augusta, Staunton, Waynesboro