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

Thursday, October 31, 2013

Update on Loudoun County Virginia Fatal Car Crash Caused By Billionaire

As an update to the report of a Loudoun County car accident that caused a death and several serious personal injury cases, it appears that the billionaire who caused the crash is now asserting that she fell asleep at the wheel just before the accident. Prosecutors are pursuing a reckless driving charge. As an experienced personal injury lawyer and attorney who focuses his practice on these types of serious personal injuries, I would like to know why more serious charges were not filed. Hopefully, the picture will become clearer when the victims' lawyers explore the facts of the 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, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Wednesday, October 30, 2013

Loudoun County Virginia Fatal Car Accident Results In Reckless Driving Charge

Loudoun County is charging a billionaire with reckless driving after her SUV crossed a center line and struck an oncoming vehicle, killing a passenger and seriously injuring others. Serious personal injury and wrongful death cases like these are tragedies for all who are involved, but the terms of justice can often be very different depending on who is at fault. In these cases, justice will be extracted in the form of significant monetary settlements. A reckless driving conviction rarely involves jail time and the fines are not that large, particularly for a billionaire. So all that is left for the serious personal injury victims and the survivors in the wrongful death case is the potential to obtain money settlements or verdicts. Fortunately, the billionaire involved can afford to compensate the victims. However, most serious personal injury victims do not have cases where the defendant has the resources of a billionaire. Recovery is usually limited to whatever insurance the parties have between them. Sometimes, if neither side has a large insurance policy, there can be an extremely limited amount available for damages. An experienced personal injury lawyer will take the time to look at all possible sources of recovery in such cases. Sometimes, the results can be surprising because the experienced personal injury lawyer and attorney can help to identify all potential parties to a case and all available insurance policies, a task which can be difficult. So it is always a good idea to consult with an experienced personal injury and attorney before settling any serious personal injury 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, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Serious Personal Injury in Virginia II

Serious Personal Injury In Virginia II. Virginia personal injury lawyers and attorneys face difficulties that a personal injury lawyer or attorney in another state might not have. First and foremost is Virginia's long standing acceptance of contributory negligence as a complete defense or bar to a personal injury case. What this means is that if the plaintiff is determined to be partially responsible for causing an accident, then there can be no recovery. While this legal rule has broad application, it is most commonly applied to the "slip and fall" case. For instance, a case often turns on whether the plaintiff should have seen the condition that caused the slip and fall. If the court believes that the condition was obvious, then the rule of contributory negligence kicks in and the case is over. This can be true even if the plaintiff was distracted or has an explanation as to why the condition was not seen until after the slip and fall. In 1962, the Virginia Supreme Court rejected the argument that pushing a grocery cart does not permit the shopper to see what is on the floor in front of the cart as it held that the shopper should have seen what was on the floor ahead of the cart. The plaintiff was denied a recovery. Most states have adopted comparative negligence as the standard for personal injury cases. In those states, the fault of the parties in a personal injury case is weighed and the verdict is apportioned as necessary. In those states, if a plaintiff is partially responsible for causing an accident, the plaintiff can still recover, but the damages will be reduced by the percent of negligence attributed to the plaintiff. However in Virginia, if the plaintiff is even slightly responsible for contributing to cause the accident, the case will be decided in favor of the defendant, with absolutely no recovery for the plaintiff. Only three states, including Virginia, still maintain the doctrine of contributory negligence as a complete bar to recovery. Until the Virginia legislature decides to change this rule of law, plaintiffs and their lawyers will have to consider this defense. This defense can be particularly troubling in a serious personal injury case as the plaintiff may have no other means to pay medical bills. As an experienced Virginia personal injury lawyer, I have had to explain this defense to potential clients and then tell them that I do not believe their case can be pursued successfully. 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News
Albemarle School Bus Drivers Avoid Accidents. Albemarle Virginia school bus drivers reached a safety milestone recently, 4 million miles without an accident. As a Virginia personal injury attorney and lawyer, it is heartening to learn of this safety record. School bus accidents are every parent's nightmare and so Albemarle school bus drivers should be proud of their accomplishment. Interestingly, the director of transportation for Albemarle schools also noted that in addition to being an exceptionally safe transportation method, school buses are a more environmentally friendly means of getting children to school. This news item gets placed in the good news 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, October 29, 2013

Serious Personal Injury In Virginia

Serious Personal Injury In Virginia. As an experienced Virginia personal injury lawyer and attorney, I want to devote several blog posts to the subject of serious person injury in Virginia. Personal injuries cases can be divided into many different categories. Most experienced personal injury lawyers focus on a few categories, rather than trying to handle all types of cases. Serious personal injury cases should be considered one of these categories, just like automobile accidents, tractor trailer accidents, medical malpractice and others. So what is a serious personal injury case? I think that it depends on the damages. Significant physical injuries, such as traumatic brain injury, serious orthopedic injuries or a wrongful death, should all be considered examples of serious personal injury cases. In my nearly thirty years of law practice, I have worked with many clients who have had serious personal injury cases. There is no one common characteristic to all of these cases except that they require the focus and dedication of an experienced personal injury lawyer. The legal and damage issues in such cases are always complex. There have been times when I have had to assemble a team of lawyers and experts to address all the issues in a particularly complex serious personal injury case. Recognizing all of the issues is one of the tasks that must be accomplished in a serious personal injury case and it needs to be done as soon as possible. In Virginia, there can be important deadlines that a personal injury attorney must handle. I will go into more detail on deadlines in my next post. 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Cheasapeake, Hampton, Newport News

Thursday, October 24, 2013

Amtrak Personal Injury Lawyer and Attorney Comments on Amtrak New Equipment. Amtrak has revealed what it is getting for nearly 300 million dollars, 130 new cars. The new cars are intended to replace older cars, many dating from the 1940s and 1950s and they will be used on the longer distance trips. Amtrak has also spent 446 million dollars on 70 new locomotive engines, but they will be used primarily in the northeast corridor. These capital investments are long overdue and they may help Amtrak's image. They may also go a long way to improving safety on the railroad and to preventing railroad employee and passenger injuries. Older railroad passenger cars were not designed with safety as a foremost consideration. As a result, train derailments are often catastrophic with multiple injuries. Fortunately, Amtrak's safety record is as good as most other common carriers. 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, October 22, 2013

Texting While Driving Getting Attention Of Virginia State Police. Texting while driving became a primary traffic offense in Virginia this past July. Virginia state police now report that they have issued over 300 citations for texting while driving over the past several months. While 300 is not a small number, it does not seem to be in line with the perception of most people that texting while driving is very commonplace. It is a significant issue because it is a very dangerous practice and serious personal injury issues are the end result. From my perspective as a Virginia personal injury and attorney, texting while driving and then causing an accident presents challenges. It is easy to obtain cell phone records that show when a person has been talking on their cell phone, but those same records will not show when a person was texting as the record of the text only occurs when it is sent. So practically, there has to be some other evidence of the act of texting such as an eye witness. Let's hope that people get the message and stop texting while 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, Buckingham, Staunton, Waynesboro

Monday, October 21, 2013

Fatal Louisa Auto Accident Ends In Guilty Plea. A terrible accident involving a motorcycle and a van resulted in a Louisa man entering a guilty plea to involuntary manslaughter and driving on a suspended license. Incredibly, the man had also been drinking at the time his van struck a motorcycle. Both of the motorcycle riders died at the scene. This fact situation, a drunk driver operating a vehicle without a license is not unusual. As an experienced personal injury attorney and lawyer, I have seen many accidents caused by drunk drivers and drivers whose licenses have been suspended. One of the problems in such situations is that the guilty driver often has no insurance coverage and so the injured person must rely on his or her own auto insurance coverage. I often have clients who do not know what type of insurance coverage they have and they also do not know what the amount of their coverage is. In serious auto accident cases where the personal injury is significant, the amount of insurance coverage can be very important. A hundred thousand dollars may seem like a lot of coverage, but hospital bills can easily exceed that amount for a serious personal injury. Interestingly, the premium difference in coverage for one hundred thousand dollars versus three hundred thousand dollars is not usually all that much more. An umbrella liability policy providing a lot more coverage can also be purchased for a very reasonable premium. The extra coverage may mean the difference between surviving financially after an accident or facing bankruptcy. Check your coverage. Are you comfortable with the limits of your policy knowing that the person who will cause the accident probably has no insurance? 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, October 17, 2013

Virgina Amtrak Passenger Numbers Increase. As a Virginia railroad law personal injury and attorney handling Amtrak cases, it is nice to read about the significant increase in Amtrak ridership. Since 2009, Amtrak has experienced a 50% increase in Virginia train passengers. In part, the increase is attributable to the expansion of Amtrak routes in Virginia. Charlottesville area residents can now take Amtrak trains directly to Washington D.C., as can Lynchburg residents. The modest projections of passenger numbers for these new routes have been exceeded and it is hoped that the service will be expanded to other Virginia cities. 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

Wednesday, October 16, 2013

Albemarle County, Va. Car Accident Sends Three to Hospital. As a personal injury lawyer and attorney in Albemarle County, Va., I am very aware of the dangerous intersection located at Route 29 and Rio Road. I have seen car accidents at that intersection and I have seen the red light ignored many times. Yesterday, another auto accident at that intersection sent three people to the hospital. Fortunately, the injuries were reported be non-life threatening. This car wreck is in stark contrast to the high speed single car accident that claimed the life of a Madison County teen over the weekend. More details have emerged about that auto accident and it has been reported that failure to use a seat belt was a factor in the fatality. Tragically, the Madison county teenage passenger remains in critical condition. These daily reports of car wrecks and personal injuries should serve as a striking reminder of the need to be very careful while driving on our roads. 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, October 15, 2013

Amtrak Personal Injury Lawyer Comments on Amtrak Record. Amtrak has set a record for the number of passengers on Amtrak trains. 31.6 million people rode the rails on Amtrak in fiscal year 2013. In addition, the northeast corridor had its second best year for Amtrak passengers. In the course of my 30 year career as a Virginia personal injury lawyer and attorney, I have represented many Amtrak passengers and Amtrak employees for personal injury claims. Amtrak employee personal injury claims involve the Federal Employers Liability Act or FELA. I have handled Amtrak cases in Washington D.C., where I am licensed, as well as many other states, including virtually the entire eastern United States: Virginia, North Carolina, South Carolina, Georgia, Florida, Maryland, Pennsylvania, New York and Louisiana. I have probably missed a few states in this list, because my Amtrak clients have lived all over. Amtrak personal injury cases present special challenges because of the geographic diversity of the employee residences. Fortunately, over 30 years of personal injury law practice involving Amtrak employee and passenger injury claims, I have accumulated a great deal of knowledge about Amtrak and its operations. I am pleased that Amtrak is prospering and I hope it can continue to do so without incident. But if there is a train accident or Amtrak employee injury, I am available for a free consultation to discuss any potential Amtrak personal injury 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, Greene, Augusta, Buckingham, Staunton, Waynesboro

Monday, October 14, 2013

Madison County, Va. Car Accident Results in Fatality. In this personal injury lawyer blog, I recently wrote about weekend car crashes that happen in the early morning hours. I also wrote about teenage drivers and their high fatality rates. Tragically, a Madison County high school senior, age 18, died early Sunday morning in a fatal car accident. His young 16 year old passenger was also injured in the single car accident. She was transported to the UVa medical center for treatment. As a personal injury attorney and lawyer, I have counseled too many clients whose have been injured in these types of crashes. Every parent would willingly take the place of the child. In the justice system, the only remedy for a personal injury resulting form an auto accident is money damages. It is a harsh reality and money does not bring back good health. However, it can help provide the very best medical care. It can provide for appropriate services to restore appearances and assist with any psychological issues. And, it is the only remedy in our justice system. 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

Wednesday, October 9, 2013

Virginia Car Accidents Deadly Over Weekend. Virginia personal injury attorneys and lawyers know that a lot of car accidents happen in the early weekend hours. This past weekend was no exception and perhaps was deadlier than usual. In Fairfax, two young adults were killed early Sunday morning when their car crashed into a barrier. Speed was probably a factor. In Loudon, a car crashed into a motorcycle and killed both riders in the early morning hours. The car driver was charged with driving under the influence. In another Loudon crash, a backseat passenger who was not wearing a seat belt was killed in a car accident. Charlottesville and Albemarle escaped the weekend carnage. It is always sad to read these types of headlines. It is even sadder when I visit the family of a young adult who was killed by a drunk driver or who was not wearing a seat belt. As an experienced Virginia injury attorney and lawyer, I am able to help in these situations by taking over the complexities of injury cases involving a fatality and allowing the family to focus on their loved one. 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

Monday, October 7, 2013

Nelson County Car Accident Kills Passenger. Tragically, a single car accident in Nelson County, Virginia has resulted in the death of the passenger. According to news reports, the Saturday night fatal auto accident happened on Route 250 near Afton, Va. An eastbound Toyota Camry crossed the center line and flipped. The driver was taken the to the UVa medical Center with some injuries, but the passenger died at the scene of the car crash. The female passenger was from Shipman, Va. We don't know what caused the car to flip, but we do know the consequences. From a personal injury lawyer perspective, there is a claim for the wrongful death of the passenger. But, that perspective does not address the human consequences of a loss of life. When personal injury attorneys look at the damages for a wrongful death, the practical reality is that we start with the value of the insurance available. The person who was killed may have left behind a grieving family who will suffer for years, but it is difficult to obtain a recovery for anything more than the value of the insurance policies. As a result, the family of a decedent who was in a car where all the insurance adds up to only $50,000 will be looking at a recovery for only that amount. A different family whose decedent who was in a car where a corporate defendant was involved in the auto accident may be looking at a recovery that is only limited by the facts of the case. In such cases, it is not unusual to hear about settlements or verdicts for millions of dollars. Life, or in such cases, death, is not fair. 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

Friday, October 4, 2013

Tractor Trailer Truck Accident Shuts Down I-81. Virginia personal injury lawyers and attorneys know that certain roads and highways are more dangerous than others. I-81 is one of those dangerous roads and it is never a surprise to hear about a tractor trailer truck accident involving a personal injuries or injuries. I recently posted about a 41 car and truck pileup on I-81. It seems that such accidents are becoming more common. Certainly it seems that Virginia's interstates are busier than ever. I was traveling home from Williamsburg the other day on I-64 and the volume of traffic was so heavy that at times everything came to complete stop. The traffic did not end until after Richmond and there never was any indication of an accident or other cause of the standstill conditions except for heavy traffic conditions. Stop and go traffic conditions on an interstate generally result in more than one accident. Cell phone usage complicates the conditions even more. In fact, I have a personal injury case that arose under exactly the conditions which I just described, stop and go traffic on I-64 and the intemperate use of a cell phone. Fortunately, my personal injury client contacted me right after the accident and I was able to protect the client's interests before evidence disappeared. If you have sufffered a serious personal injury, contact me for a free consultation to determine your rights. 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, October 3, 2013

Virginia Railroad Law And A Railroad Employee Injury. As an experienced Virginia railroad lawyer and attorney handling railroad employee injuries for nearly 30 years, I have always been amazed by people who believe that any lawyer can handle a Virginia railroad employee injury case. There are several railroads doing business in Virginia. The large Class 1 railroads are Norfolk Southern (NS), CSX, and Amtrak. There are also several short line railroads, including the Buckingham Branch Railroad and the Norfolk Portsmouth Beltline Railroad. I have handled case for injured employees from all of these railroads. Interestingly and importantly, Virginia has its own laws regarding railroads, in addition to the federal laws covering the injury of a railroad employee. Personal injury lawyers who consider handling the case of a Virginia railroad employee need to be aware of these laws as they may enhance the case or provide a basis for liability. The federal laws, know as FELA which is short for the Federal Employer's Liability Act, are the starting point for an analysis of liability in the case of an injury to a Virginia railroad employee, but as previously mentioned, Virginia laws need to be checked. Sometimes, there are even local ordinances that can help in the case of an injury to a Virginia railroad employee. The bottom line is that an injured railroad employee needs experienced legal representation in the field of railroad law. 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

Wednesday, October 2, 2013

Virginia Railroad Lawyer and Attorney Listed In Best Lawyers In America. Best Lawyers in America has released its list of the best railroad lawyers in America for 2014 and I am pleased to report that I am on that list. Beginning in 2007 when I was first selected as on of the best railroad lawyers and attorneys in America, I have maintained a focus on providing quality representation to personal injury victims. In 2013, I was selected by Best Lawyers in America as personal injury attorney of the year for my area. One of the reasons that the selection by Best Lawyers in America is important is that a lawyer does not sign up for the listing or pay any fee. Instead, the selection is based on the the votes of other lawyers, in other words, it is truly a peer selection process. 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, October 1, 2013

Louisa, Va. Tractor Trailer Accident. Traffic delays resulting from a tractor trailer truck accident in Louisa, Va. tied up I-64 today. As a personal injury lawyer and attorney who practices in Louisa, Va, I was glad I did not have to be in court in Louisa today. Getting anywhere in Louisa was a problem as eastbound I-64 was essentially shut down. Fortunately, this shutdown did not affect millions of people, unlike the federal government shutdown that started today. Lawyers and their clients may also start to be affected by the closure of government offices as the federal judiciary relies on many employees such as clerks and bailiffs who are likely considered non-essential. As a result, courts may close and cases may be delayed. As an experienced personal injury trial lawyer and attorney, it is difficult to explain to clients who have been waiting a long time for their day in court, that I do not know when that day will arrive. Let's hope that Washington comes to its senses and funds the government. 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
Virginia Railroad Lawyer And Attorney Comments On Train Accidents. As an experienced Virginia railroad lawyer and attorney handling personal injury claims, I am not surprised at the large number of recent train derailments and crashes. Today's news contained yet another article about a commuter train crashing into another commuter train in Chicago. Fortunately, the report indicated that there were no serious personal injury victims. I don't think there is any one reason why we are seeing so many reports of train accidents. Perhaps we are seeing the end result of reductions in the number of railroad employees who operate trains and employees who maintain the railroad tracks. If you talk to an experienced railroad employee, most likely he or she will tell you that train operations and track maintenance have suffered because of reductions in the number of railroad employees. For instance, between 1980 and 1990, the number of railroad employees working for Class 1 railroads decreased by fifty percent. It is difficult to think of any other industry that experienced such a significant drop in employee numbers in such a short time. At the same time, railroad business did not decrease significantly. The only number that has continued to increase over the years is railroad executive compensation. Let's hope that this recent spike in the number of train derailments and accidents does not continue. 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