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, January 30, 2012

Update on Hip Implant Devices

Wright Medical Defective Hip Implant Device - Metal on Metal - Product Liability - Personal Injury Lawyer - Attorney

Wright Medical Hip Implant systems or devices, particularly the metal on metal hip implant devices such as the Wright Conserve Total Hip system, are causing the same type of problem experienced by patients who received the Johnson & Johnson Depuy metal on metal hip implant devices. Metal toxicity, or heavy metal poisoning, is being found in patients who have received Wright medical hip implant systems or devices. The problematic hip implant devices are the Wright Conserve Total Hip System, the Wright Profemur Total Hip System and the Wright Profemur Z. These metal on metal hip implant devices have a shallow cup, just like the Johnson & Johnson hip implant systems. The metal ions that cause the problems are cadmium and chromium, both of which are released by the hip implant device as it wears. Many health problems are associated with the buildup of such metal ions and the end result may be a complete replacement or revision of the hip implant system. Please contact us immediately if you are having health problems related to a hip implant. We can assist you in determining if your particular hip implant system is a known cause of your health problems. We can then protect your interests as necessary.

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, January 26, 2012

Update on I-64 Car Wrecks

Not one, not two, but four car accidents caused by sunlight. In a recent post, I noted that I had seen two car accidents on I-64 which appeared to have been caused by the glare of the early morning sun. A Daily Progress news article confirmed that the Albemarle County car accidents were caused by bright sun, but also reported that there were actually four separate accidents involving a total of eleven cars. I-64 was backed up for over two hours, all because of glare from the early morning sun. This type of extended car accident is not uncommon in Germany where high speed highways leave little time for driver reaction. A few years ago, I read about an accident involving over 40 cars on the autobahn where weather conditions were the cause which began the chain of events. Such "mass" car accidents are challenging for any personal injury lawyer given the causation questions. Fortunately, the I-64 accidents did not result in any fatalities. However, lives were disrupted and according to the news report, there were "minor" injuries. I think "minor" injuries are those injuries which happen to someone else. It is like surgery. It is "minor" if you are not the one who is going into the operating room to face the risks of the procedure and anesthesia. I doubt that we will hear any more about these car accidents and the injury victims. And yet, it is a valuable teaching moment for every driver who is in a hurry to get to work or some other appointment. Pay attention to the driving conditions, including the rising sun!

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, January 24, 2012

Public Reactio to Drunk Driving Enforcement

We are fortunate to have a guest post today by Beckley Mason. Thanks for the information Beckley!

Though efforts of organizations like MADD have been successful at changing a culture of permissiveness surrounding drunk driving, we still see a number of drunk driving related cases each year. That’s why I find the comments section of The ClayCord can provide an interesting perspective how local residents near the GJEL Bay Area offices react to DUI checkpoint enforcement. On Saturday the 21, between 9:30PM and 3:30AM, the Concord Police Department used a well-signed DUI check point. Before I get into the reactions, here were the reported results.

• 683 drivers passed through the screening
• 7 DUI Suspects were Arrested
• 13 Vehicles were Impounded
• 11 Unlicensed/Suspended Drivers
• 1 Warrant Arrest made
• 1 Arrest for possession of a controlled substance

While the other arrests and impounds probably improved safety, the object of the stop was to catch drunk drivers. While removing 7 drunk drivers from the road is a worthy end, only one percent of the drivers were judged to be intoxicated. Was that worth the imposition to the other 700 drivers?

Taking a look in the comments section, that endless source of anonymous complaining, found mixed reactions. Some people complained that the stop had been in the wrong place, but most of the people who weren’t happy with the result were ticked off because they believed the stops amounted to illegal search and seizure. However in California, these stops are legal. In fact, the Concord department has received federal grants for the kind of programs they use to stop drunk drivers.
Though it’s a bit besides the point, it's quite possible for intoxicated drivers to avoid the stops altogether if they so choose. As one commenter put it, "He just drove past 6 huge sobriety Checkpoint signs, 4 lighted traffic signs, 150 orange cones, 3 Sheriff trailers, 7 motorcycle cops. The movie set of the Blues Brothers would have been less conspicuous!"


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

Multiple Car Accidents on I-64 Because of Bright Sun

Charlottesville and Albemarle County personal injury attorneys will be getting a lot of calls today. While I was on I-64 in Albemarle County this morning, I saw two car accidents involving multiple vehicles. Both the accidents were in the eastbound lanes of I-64 heading towards Charlottesville. The first accident was at the crest of a large hill which is just before the first Charlottesville exit. At the top of the hill, the morning sun hits the car driver in the eyes quite suddenly. And, at just the right moment, today it was around 8:15, the sun is quite blinding. The angle of the hill combined with a rising sun leaves the car or truck driver unable to see for a few seconds. At speeds of 65 miles per hour or more, the consequences can be deadly. Today, there was on car accident near the top of the hill and a second car accident a few hundred yards before the first car accident. Car bumpers were everywhere. State police lights were flashing at both scenes and ambulances were on the way.
The circumstances of the accidents highlight the need for drivers to pay attention to the road and maintain safe following distances. As a personal injury lawyer, we may be called on to evaluate the fault of the respective car drivers. If the lead driver slows because of sun light in his or her eyes and a following driver slams into the lead car, who is at fault? Did the lead driver overreact and slow to unreasonable speed too rapidly? Or is the following driver at fault for not maintaining a safe distance? As to the car accident that was down the hill, is anyone at fault when traffic suddenly stops in front of you because of an accident on the top of the hill? The safe answer is that the cars which struck the rear ends of the cars in front of them are the ones responsible. A creative approach would be to argue that the lead driver reacted in an unreasonable fashion, but I think this case would require some evidence that the reaction was truly unreasonable and unexpected. A skid mark pattern could assist in this analysis. Accident reconstruction expertise would be need to assist in the case development. The better approach for the driver is to anticipate weather related driver reactions and plan ahead. Most of the drivers on this stretch of I-64 are commuting to work in Charlottesville. The sun is a known difficulty on any mountain crest and a cautious driver should be ready to stop. Good Luck out there.

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, January 2, 2012

Specializing in Personal Injury Law in Charlottesville, Va.

As a lawyer in Charlottesville, Virginia, the decision to specialize in personal injury law requires a commitment to help injury victims. Serious injuries from car accidents and truck accidents require expertise from an accident attorney on many fronts. The initial step is evaluating the circumstances of the accident or wreck to determine fault and liability. Then, the medical care that the accident victim has received must be considered and assessed. Another part of the evaluation includes looking at insurance, both medical and liability. These starting points for the evaluation of a personal injury case can be accomplished during the initial interview. Additional information is then gathered through documents and witness interviews. All of this information is collected with an eye to seeing how we can best serve the accident victim in the context of a personal injury case and, possibly, a lawsuit. I like to involve my personal injury clients in the entire process as I have found that the best result requires that the injury attorney and client be on the same page throughout 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, Staunton, Waynesboro