Albemarle Car Accident And Alcohol

I recently wrote about a tragic two car accident in Albemarle Virginia that involved a fatality and serious injuries to two other people. Albemarle County police now indicate that alcohol may have played a role in causing the car accident. I had ventured a guess that alcohol would be a factor just because the accident took place at 3 a.m. on a Sunday. Unfortunately, too many people drink and drive on the weekends and even more so as we approach the holidays. Serious injuries and wrongful death accidents seem to cluster around the holidays. Just today, the front page of the Charlottesville Daily Progress had a photo of a plane crash that resulted in fatality. A doctor from New Jersey was on his way to pick up his son from UVA when his plane crashed. Aviation crash cases are complicated as so may things may contribute to cause the crash. At this point, we do not know what caused the plane to crash although it was reported that the pilot notified the tower of an emergency situation. In a plane crash case that I worked on several years ago, the cause was a combination of pilot error and poor maintenance. Let's hope that investigators can pinpoint the cause in this 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

Early Morning Fatal Car Accident in Albemarle Charlottesville

An early morning car crash killed one and injured two in Albemarle County, Virginia this past Sunday. As an experienced personal injury lawyer and attorney, I think the accident highlights the hazards of weekend travel, particularly in the late evening or early morning hours. This fatal car wreck occurred at 3 a.m. I am sure that more details will emerge abut the accident and it is very likely that alcohol and speed will be determined to be factors in the accident. It is the holiday season and there is an increase in accidents at this time of year. Serious personal injury lawyers usually experience an increase in client numbers at this time of year because of the increased number of accidents. One way to avoid becoming my client is to limit travel during the early morning hours on holiday weekends. If you do have to go out, practice defensive driving and be on the lookout for the errant driver. 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

Ice And Accidents Challenge Virginia Personal Injury Lawyers

Albemarle and Charlottesville have been hit with a significant ice storm that created difficult road conditions. Virginia personal injury lawyers and attorneys can receive a lot of calls after an ice storm about car accidents and other slip and fall injuries. A frequent defense in cases where icy conditions are involved is that it is an act of God. It is true that we cannot control the weather, but we can take appropriate precautions and a lot of cases hinge on the particular facts of the accident. If a store owner fails to clear the entryway of ice before opening the store, the injured person may have a strong claim. On the other hand, if a driver slides off the road because of ice, there may not be any facts that rise to the level of negligence. If you have questions about your injury and whether you are entitled to a recovery, call me 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Train Derailment in Virginia and Train Derailment in New York

It is the season for train derailments. As an experienced railroad personal injury lawyer and attorney, I usually hear about train derailments from former railroad employee clients soon after they happen. The cause of a train derailment is not always obvious. It can be a track defect and railroad track issues are fairly common as maintenance of railroad track is not what it used to be. Sometimes, train derailments are the result of railroad employee error. For instance, a dispatcher may not have the right signal in place. Train speed can also be an issue in a train derailment. Whenever there are significant injuries or fatalities, the NTSB investigates the train derailment to determine the cause. The report is not admissible as evidence in court, but it can assist in the investigation of a train derailment cause. Over the span of nearly 30 years, I have represented many injury victims of train derailments. 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

Charlottesville Personal Injury Attorney Comments on Single Car Crashes

As an experienced Virginia personal injury lawyer, I am rarely surprised by statistics regarding auto accidents and related crash data. However, I was taken aback at the recent news that Virginia single car accident account for over 60 percent of auto accident fatalities. The leading causes of single car accidents are speeding, drunk driving and inattention or distracted driving. Often, speeding and drunk driving contribute together to cause an auto accident. The reason I find this statistic so interesting is that I always had the impression that a fatality was much more likely to result when the car driver was in a collision with a truck or larger commercial vehicle such as a bus or delivery van. Instead, the drunk, speeding or otherwise inattentive driver is much more likely to be the cause of his or her own demise. Unfortunately, there is often a passenger who is also injured by the conduct of the errant single car driver. In such cases, an experienced Virginia personal injury attorney should be consulted. 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 Virginia Personal Injury Lawyer Discusses Medical Payments

As an experienced Virginia personal injury lawyer who practices in Charlottesville and Albemarle and the surrounding areas, It is not unusual to have clients who do not know if they have medical payments benefits as a part of their automobile insurance policies. In the event of an auto accident or truck accident, a personal injury victim can recover for his or her medical bills from their own insurance policy if they have medical payments coverage. A quick check of the policy declarations page will reveal if the coverage is available. Typically, the coverage is just a few thousand dollars, but I have seen coverage as high as $25,000 when there are multiple vehicles or policies. Payments made as a result of this coverage are not included in a personal injury case recovery. Unfortunately, many insurance companies are trying to factor in this coverage in making settlement offers to injury victims. However, the law is clear that a defendant in a Virginia personal injury claim is not entitled to the benefit of the personal injury victim's own 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Charlottesville Personal Injury Lawyer Comments On Ice And Snow Auto Accidents

Charlottesville and Albemarle and the surrounding areas are expecting winter weather tomorrow with snow and ice in the forecast. As an experienced Virginia personal injury lawyer and attorney, I typically see an uptick in calls about car accidents, truck wrecks, and slip and fall injuries after the area experiences winter weather. The main question for an experienced personal injury attorney is whether the weather caused the accident, or was human error a factor. Human error or the failure to use ordinary care can be considered negligence and negligence can give rise to a personal injury case. For instance, if a driver fails to slow down in the face of adverse winter weather when a careful driver would slow down, the failure to slow down can be considered negligence if it is the cause of the accident. Similarly, the entry to a store may have been covered by snow during the storm, but if the owner fails to clear the snow after the storm has stopped and someone falls as a result, it may be negligence. From these examples, it should be obvious that every case depends on the particular facts of that case. If you are injured as a result of an accident, please call me to see if the facts of your case have merit. 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

Virginia Railroad Lawyer And Attorney Comments On FELA Injury Cases

As an experienced Virginia railroad injury attorney and lawyer who has handled hundreds of railroad employee injury cases, I find it helpful to stay up to date with the latest case results and also any regulatory changes. An excellent source for railroad law news on railroad personal injury verdicts and settlements is the FELA Reporter. It is a monthly newsletter that compiles FELA injury verdicts and settlement reports. It is even possible to search through the reports of FELA and railroad injury verdicts and settlements to see what happened in other similar cases. I also try to report on case in my website content. For instance, I recently discussed a railroad conductor who was injured while attempting to operate a railroad switch in Virginia. Although he worked for the Buckingham Branch Railroad, a short line, his injury was covered by the FELA or Federal Employer's Liability Act, just like the major railroads such as CSX or Norfolk Southern. As a result, my experience as a Virginia railroad injury lawyer and attorney came into play as we worked through the issues in the case. If you or a loved one has been injured while working for a railroad, please call me to discuss 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

The Lawyer Searches For A Recovery In A Serious Personal Injury Case

In a serious personal injury case, one of the most urgent tasks is determining if there is any potential for a recovery. Assuming that someone is at fault for the injury, the most vexing issue in a serious personal injury case is figuring out if there is any possible recovery, whether it is an insurance policy or personal wealth or some other source. All too often, the only source of recovery for a serious personal injury victim is an insurance policy that may or may not cover the medical bills. If a corporate defendant is involved in the case as a defendant, there is usually a large insurance policy. But all too frequently, the insurance policies of the individuals involved ion a serious personal injury case do not exceed $100,000.00. In Virginia, the minimum required amount of insurance is only $25,000.00. In a serious personal injury case, a hospital stay of a few days can result in a bill that is well over these limited amounts. In these situations, the experienced personal injury lawyer and attorney has to investigate all sources of 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Accident Fatalities Increasing

NHTSA reports indicate that death rates for motorcyclists, bike riders and pedestrians are increasing while death rates for other highway users are staying low. My experience as a Virginia personal injury lawyer confirms the conclusion, but in Virginia, traffic fatalities involving cars are still high. And the NHTSA agrees that Virginia is one of the few states where car accident fatalities are increasing. Many of the cases where I am asked to represent the personal injury victim or the family of a decedent involve situations where the driver of the car that caused the accident was drunk or driving while distracted. Driving while distracted because of cell phone use is a growing problem. Hopefully, new laws prohibiting texting while driving will lower the accident rates and fatality rates, but I doubt it. Every time that I get on the road, I see someone driving in an erratic fashion and usually, his or her ear is glued to a cell phone. I think this problem is a significant factor in the increase in pedestrian deaths. As a Virginia lawyer and attorney focused on handling the serious personal injury case, I think there needs to be a change in the mindset of everyone that it is okay to talk on the cell phone while driving and that you can react just as quickly to a hazard. 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

Bus And Truck Accidents Under Scrutiny By NTSB

The NTSB investigates serious transportation accidents involving buses and trucks. Recently, the NTSB determined that the Federal Motor Carrier Safety Administration (FMSCA) had not done a good job in its oversight of bus companies. Following a number of serious crashes involving fatalities, the NTSB found that there were serious flaws in the oversight and that some inspections had been perfunctory and incomplete. Only after the fatal bus accidents, were several of the companies rated as unsatisfactory and issued out of service orders. As an experienced personal injury attorney and lawyer who represents victims of serious person injuries, it is disturbing to learn of the lack of effective oversight of these bus companies that transport people across the country. Taking a bus company out of service after a fatal accident is not a solution to the problem. Just last year, there was a terrible accident in Virginia involving a bus driver who was overly tired and driving at an excessive rate of speed. The FMSCA needs to be held accountable along with the bus companies in these situations. 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

The Medical Legal Exhibit Expert Blog: Understanding the Osteophyte/Disc Complex in Spinal Trauma

The Medical Legal Exhibit Expert Blog: Understanding the Osteophyte/Disc Complex in Spinal Trauma

Francis P. HajekWilson & Hajek, LLC, a personal injury law firmExperienced Injury and Accident LawyersServing 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 VI

Any Virginia personal injury lawyer and attorney will tell you that a serious personal injury case needs a lot of attention from the beginning, that is the day that the personal injury lawyer is hired to represent the victim. For this reason, the injured individual should always take the time to discuss their case in detail with the lawyer and determine if the lawyer is willing, and has the time, to devote to the serious personal injury case. The serious personal injury victim should ask the prospective lawyer about the number of cases that he or she is currently handling. And then there should be follow up questions for the personal injury lawyer such as, who will be working on my case, will you take my phone calls or will I be talking to a paralegal or junior associate most of the time. Serious personal injury accident cases demand a lot of time and effort so these types of questions are important. The lawyer's track record should also be considered. Has the lawyer handled a number of serious personal injury cases and what were the results? What does the lawyer see as the issues in the case and what type of plan is there to address those issues? I do think that is unfair to ask a prospective serious personal injury lawyer about the amount that the case is worth because there really is no way to project a recovery amount for a serious personal injury case until a lot of work has been done. The medical picture must be developed and the liability issues must be pretty clear before a range of possible recoveries can be explored. And, just because a lawyer had a good result in a case with a similar injury in the past really has very little to do with the value of a different case, even if the injury is similar. What is important is the lawyer's experience and his or her devotion to 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Albemarle Auto Accident Results In Fatality And Passenger Injury

Yesterday's car accident in Albemarle county, Virginia that left the driver dead and the passenger injured raises interesting issues for even an experienced Virginia personal injury lawyer and attorney practicing in the Charlottesville area. The auto accident was a single car crash. So what are the rights of the injured passenger? Since the auto accident involved a fatality, there will be an investigation and that investigation may come to some conclusion as to the cause of the accident. The personal injury victim, in this case the passenger, will have to show that there was some negligence on the part of the driver that led to the car crash if there is to be a personal injury recovery for damages. The injured passenger may have a good memory as to the driver's actions that caused the accident and that recollection may be sufficient to prove negligence. But, the passenger may not have a memory of the accident or the facts that are remembered do not establish a case. In such cases, it is always a good idea to contact an experienced personal injury attorney and lawyer as soon as possible so that the lawyer can begin an investigation into the causes of the accident before sources of proof disappear or become more difficult to obtain. Serious personal injury cases always involve twists like this and the only way to minimize the impact of difficult issues is to involve the experienced personal injury lawyer as soon as possible. It is also important to stay in contact with the personal injury lawyer after retention so that the best outcome results. I always encourage my clients to consult with me about decisions that may affect their case before taking action as opposed to checking with me after the fact to see if they made the right guess. To assist my personal injury clients, I provide them with all of my contact information and always try to get back to my clients as soon as possible to address their concerns. Because of this very close and personal attention, I work with a limited number of personal injury clients. Contact me for a free consultation if you have serious personal injury concerns. 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

Virginia Railroad Employee Injury Requires Experienced Railroad Personal Injury Lawyer

As an experienced railroad personal injury lawyer and attorney, I sometimes receive questions from other personal injury lawyers about railroad employee injury cases that they are reviewing. Although I do not discourage them from taking such cases, I do try to let them know that the practice area of railroad employee injury claims under the FELA (Federal Employer's Liability Act) is not simple and there is a learning curve. I have over 25 years of experience in handling railroad employee injury and wrongful death claims. It is an area of legal practice that requires knowledge of railroad operating practices and procedures. It also requires knowledge of a body of law that is unique. The law that governs railroad employee injury claims has many differences from Virginia personal injury law that controls everyday auto accident injury claims and the like. For instance, the causation requirements in a FELA case are completely different than for all other personal injury claims. If a lawyer for an injured railroad employee can show that the negligence of the railroad was a cause in the slightest of the employee's injury, then the employee is entitled to a verdict. This legal point has to be argued forcefully to the jury as it can make the difference in case ending on a favorable note or on a defense verdict. In most personal injury cases, the negligence must be a proximate cause of the injury. The difference between the two standards is enormous. A seasoned railroad defense lawyer knows that this standard is the injured railroad employee's greatest weapon in a FELA case and if the plaintiff's lawyer does not use it to his advantage, then all can be lost because the liability in a railroad employee injury case can often seem to be marginal or not significant. If you have a railroad employee injury case, please take advantage of a free consultation with my law firm. 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 5

The experienced Virginia personal injury lawyer and attorney knows that a serious personal injury, whether caused by an auto accident, a tractor trailer accident, a slip and fall, or any any other accident, requires extra attention to the damages and the future outlook for the serious personal injury victim. The complexity of the injury mandates a detailed review of the medical records and consultation with the medical providers to determine the progress of the recovery and the need for future care. With nearly 30 years of personal injury experience as a personal injury lawyer, I think that the future care needs of serious personal injury victims may be the most neglected aspect of a personal injury case. one reason for this is that a projection of future care needs for a serious personal injury victim often requires the services of a professional expert to coordinate the medical care providers opinions as to future care and then project the costs that will be required to provide care for the serious personal injury victim. I have worked with several life care plan experts to set forth a comprehensive future care package for serious personal injury victims. These reports frame the discussions with insurance companies and assist judges and juries in their understanding of the severity of an injury and its impact on the victim. The reports can also be utilized to provide a framework for a structured settlement that will fund the care plan into the future, thus providing the serious personal injury victim with the security of a future with all care needs being paid. 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 4

As an experienced Virginia serious personal injury lawyer and attorney, I think there are still many misconceptions and wrongly held beliefs about serious personal injury cases. Every state has its own laws and rules concerning personal injury cases and Virginia has laws and rules that limit damages for personal injury cases, sometimes specifically as to a category and for other cases quite generally. For instance, Virginia does have caps, or limits on recovery, for damages in certain types of cases and for categories of damages. In a medical malpractice case, the cap on damages is currently two million dollars. The medical malpractice cap is also comprehensive in that it applies to all defendants in a case. So if there is a medical malpractice injury and the claim is against the doctor and the hospital, the total damages amount is limited to two million dollars, not two million per defendant. There is also a limit on punitive damages. Currently, the Virginia personal injury victim can only recover $350,000 in punitive damages. There are also practical limitations on damage amounts in personal injury cases, not every case merits a million dollar verdict. For all of these reasons, it is important to consult an experienced Virginia personal injury lawyer to determine your rights and to know what damages are recoverable in a 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 III

Experienced personal injury lawyers and attorneys know that a serious personal injury can be a life changing event. Unfortunately, there is no guarantee that a serious personal injury will result in a recovery. For instance, if a deer runs into your car and causes an auto accident with a serious personal injury to the driver, insurance will cover the cost of repair to the car, but insurance does not generally cover the serious personal injury damages. The reason is that your car insurance protects only against the negligence of other drivers. Icy roads are another cause of car accidents that results in coverage for the car repair, but not for the injured driver. However, only a careful examination of your auto insurance policy will confirm the presence or absence of coverage for a particular event. There may also be other avenues of recovery if there is a serious personal injury. One example of such a situation is the icy road scenario that we just mentioned. There may not be an at fault driver, but there may still be a recovery if there was an equipment failure such as an air bag that did not deploy. Generally, a fact situation involving a product defect requires an expert to offer an opinion that the specific item did not function as intended. An experienced personal injury lawyer and attorney can look at the facts of an accident involving a serious personal injury and determine if further investigation is warranted. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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