Sony E-mails Cause Controversy - Can They Be Published Legally?

I just read an article about whether or not the leaked Sony e-mails can be published legally. It can be found here - http://www.bostonherald.com/business/media_marketing/2014/12/the_legal_case_for_publishing_sony_emails It sets out a powerful argument detailing why anyone who wants to publish the Sony emails can probably do so without fear of breaking the law. However, the article does not address the issue of what Sony will do if a large volume of emails are published by someone with =out the resources of a large newspaper or other major news organization. Hiring a lawyer is an expensive proposition, particularly when you are dealing with First Amendment issues. So even if the individual might ultimately prevail in the courts, will the process bankrupt him or her? Perhaps the article's author is assuming that Sony will not really try to stop the publication of the emails because Sony knows that it will eventually lose. I would also like to read more on the ethical issues involved as the emails contain personal data on employees who are not public figures, even though their employer is a major international corporation. 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

Texting and Driving Laws Difficult To Enforce

The Lynchburg News and Advance reports that police are finding that the new Virginia ban on texting while driving is difficult to enforce. The police officer has to observe the driver texting in order for a violation to occur. In Central Virginia, only 40 convictions have been obtained for the offense since the law went into effect in July, 2013. In all of Virginia, there were around 650 violations of the law in the first 6 months after the law took effect, with even fewer convictions. And yet, driving while distracted, and texting while driving is very distracting, accounts for 20 percent of traffic accidents. Virginia has not done a very good job of educating the public about the law. When you enter Maryland, there are huge signs advising the driver that cellphone use while driving is not permitted. In Virginia, there are plenty of signs advising the driver that speed is checked by aircraft, when in fact, Virginia no longer uses aircraft to ticket speeding drivers. Those signs should be changed to warn drivers about the dangers of texting and driving. Teenage drivers are at particular risk because of their inexperience. it would help to remind them that they should avoid such risky behavior. 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

Accidents Caused by Texting and Driving

As a Virginia personal injury lawyer based in Charlottesville, Virginia, I have been surprised by the number of reports of recent car accident caused by drivers who are texting while behind the wheel. I suppose it is good for business, but such accidents are completely unnecessary, not to mention the fact that texting while driving is illegal. Even before such conduct was criminalized, it didn't make much sense. the driver who texts is like a drunk driver. Just today I was behind a car on the interstate that was slowing down rather markedly - from 70 to the mid-fifties - even though the speed limit had not changed. Of course, when I passed the car, I could see the driver using his smartphone to text. At least he stayed in his lane while texting. So often, the texting driver is straying into my lane of travel. There are several campaigns going on across the state that are designed to increase awareness of the dangers of texting and driving. Virginia still permits the use of a cellphone while driving, although many states, including Maryland and Washington, DC have placed limits on the use of a cellphone by a driver. In light of several recent studies that document the attention deficits of drivers using a cellphone, such restrictions are probably wise. If you have been injured as a result of a driver texting while driving or using a cellphone while driving, call me for a free evaluation of your case. Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Tractor Trailer Accident Shuts Down I-64

A tractor trailer accident has shut down I-64 near Black CatRoad according to reports from the Charlottesville Daily Progress. Apparently five vehicles were involved including two tractor trailers. Unfortunately, the accident resulted in one fatality. The Progress reports that the accident happened when a tractor trailer failed to stop in time for a crash on the interstate that had already happened. The tractor trailer struck an SUV and there was a chain reaction crash. One vehicle burst into flames. This type of accident is not unusual on heavily trafficked portions of interstate highways. There have been recent attempts to limit the hours that truck drivers can operate their rigs and there have also been a number of laws recently enacted that focus on distracted driving, including texting and using a cell phone without a hands free device while driving. We don't know yet why the tractor trailer driver failed to stop. Since there was fatality, the investigation will be detailed and the cause of the accident should be determined. I have worked with the former lead investigator for the Virginia State Police in looking at accident causes. In an accident involving a tractor trailer, there are many sources of information. In this case, the speed of the driver before the accident could be a factor as well as the hours that he or she had been on the road. For most of us who travel the interstates on a regular basis, an accident like this on wis just an inconvenience. But for the people involved, it can be life changing. 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

Ban on Texting Lowers Injury Death Rate In Automobile Accidents

Personal injury lawyers and attorneys in Virginia and other states know all too well that a significant number of accidents are caused by drivers, particularly teenage drivers, who are trying to text and drive at the same time. The Washington Post reports today that a new study has concluded that "texting bans can reduce teen fatalities by as much as 11 percent." Virginia is one of the states that has such a ban in place. However, the study also found banning all handheld devices is the most effective way to reduce traffic deaths across all age groups. Thirteen states have such a ban. Virginia is not one of the states that bans all handheld devices. Our neighbors to the north, Maryland and Washington D.C., do have such bans in place. Hopefully, all states will realize that the use of handheld devices poses a risk to all drivers, bicyclists and pedestrians and so take measures to limit their use 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

700+ Car Accidents And One Snowy Day

Snow and car accidents seem to go together. Monday's snow resulted in over 700 Virginia car accidents and a host of personal injury victims. The problem with a car accident caused by snow is that the at fault driver often says that it wasn't his or her fault, it was the snow that caused the car accident. However, such defensive statements must be analyzed in the context of all the facts surrounding the car accident. Was the other driver going too fast for the conditions? If so, snow is not a defense. Di d the other driver fail to clear the snow off their vehicle and so had limited visibility? Is so, the snow is not a defense. An experienced personal injury lawyer can assist you in looking at all the facts surrounding your accident and determine if there is a claim for damages. 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 Driver Causes Accident in Snow on I-95

I-95 was closed for several hours after a bus overturned in snowy conditions. The bus driver was charged with reckless driving as he was driving too fast for the conditions present on the interstate highway. The bus was en route from New York to Georgia. The circumstances of the accident are reminiscent of another recent bus accident that also involved driver error and resulted in serious personal injury to several bus passengers. Long distance travel by bus can be attractive because of low fares. However, sometimes the price can be high when the driver is fatigued and makes judgment errors that lead to a serious accident. The full facts are still not known for this most recent accident, but we do know that several bus passengers have already paid too high a price. 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 Supreme Court Reinstates Punitive Damage Award

A drunk driver injures two people in a Virginia car accident. The injuries are not serious or life threatening, but not only is the driver drunk, he is also talking on his cell phone when he causes a car accident. Both cases go to trial and both accident victims obtain an award of compensatory and punitive damages. One injury victim gets an award of fourteen thousand dollars ($14,000) in compensatory damages and one hundred thousand dollars ($100,000) in punitive damages. The other injury victim gets an award of five thousand six hundred thousand dollars ($5600)in compensatory damages and also gets one hundred thousand dollars ($100,000)in punitive damages. The trial judge thought that the $100,000 was okay for the car accident injury victim who received an award of $14,600, but felt that the award of $100,000 for the car accident injury victim who received an award of $5600was just too much. In fact, the trial judge reduced the punitive damages award to $50,000. The Virginia Supreme Court recently reversed the decision of the trial court. The Virginia Supreme Court's decision is a good one. The drunk driver's conduct was terrible. 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 Courts May Move

Virginia personal injury lawyers and attorneys who handle car accident cases and other personal injury cases in Albemarle county and the city of Charlottesville have first hand experience with the courts in those jurisdictions and the state of the courthouses. Charlottesville only has one courtroom for circuit court cases, such as significant and serious personal injury cases. It can take more than 18 months to schedule a trial date for a complicated and serious personal injury case that will take an experienced personal injury lawyer and attorney a few days to present to a jury. The Albemarle courthouse is also challenging for the experienced serious personal injury lawyer and attorney as meeting rooms are often used as courtrooms. The Daily Progress reports today that there is some discussion going on among supervisors to building a new court complex. While I hate to see the old and very historic courthouse in Albemarle put out of service, it is time to accommodate the needs of the citizens of the county who have to resort to the courts for justice. 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

Traffic Tickets For Cars And Bikes

Charlottesville Tomorrow reports that traffic tickets for bikes are on the rise in Charlottesville. As an experienced personal injury lawyer in the Charlottesville Albemarle area, I am aware that this area has a reputation as a bike friendly place to be. However, what many cyclists do not realize is that a traffic ticket for an infraction involving a bike has the same effect as a traffic ticket involving the operation of an automobile when it comes to your driver's license. If you are convicted of failing to stop your bike at a stop sign, it is just like failing to stop your car. You get the same number of points and you are subject to the same fine. Bicyclists are required to obey all traffic signs and signals. They are also required to use proper hand signals for turns. The failure to follow the traffic laws can result in a ticket. One issue the article did not address concerned the unlicensed bicycle operator. What happens if they receive a ticket? Well, they still have to pay the fine or go to court if they want to contest the charge, but since they do not have a license, there can't be an assessment of points. 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 Personal Injury Lawyers Can't Loan Money

Virginia personal injury lawyers and attorneys can't loan money to their injury clients. To do so is a serious ethical violation and can subject the Virginia personal injury lawyer and attorney to a loss of his or her license. So what does a Virginia personal injury lawyer and attorney do when the injury client says that he or she is going to borrow money because of desperate times created by the injury. I think the attorney should counsel against the loan and try to see if there are other sources of funds for the client. Maybe a family member will help out. Maybe there is a possibility of a bank loan at a reasonable interest rate. If all of these options fail, the attorney should help the client avoid the lenders who charge truly excessive rates of interest. 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

Child Traffic Accident Deaths Decrease

Recent headlines announced that child car accident deaths decreased by 43% over the last decade. The decrease was attributed to increased use of seat belts and car seats. While it is good news, it underscores the increase in car accidents for teens and inexperienced drivers who are increasingly driving while distracted. Recent changes in Virginia law have made it a primary offense to text while driving. However, enforcement can only be random and sporadic, just as it is for speed limits. The odds of being pulled over for any traffic offense are incredibly low. So if we are to see a decrease in the teen car accident rate, there must be a change in the culture and a recognition by teens that such behavior is incredibly risky. To that end, parents must set the example and avoid talking on the cell phone while driving. I realize that it is unpopular to suggest that we don't answer the ringing cell phone while driving, bu tit is risky driving behavior. Most studies that have looked at talking on the cell phone while driving equate it to driving after having two or three drinks of an alcoholic beverage. But most of us will say that we can drive safely while talking on the cell phone, particularly if we are using a hands free device. Well, most of us are just wrong and science proves it. So if you want your children to drive safely, set a good example. Don't speed and don't talk on the cell phone 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, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Snow And Ice Cause Virginia Car Accidents

Snow and ice snarled traffic and caused a slew of car accidents across Virginia. When a car or truck accident involves weather conditions, who is at fault? This question can have significant implications if you are an injury victim as result of a car or truck accident in Virginia. Many times, the party who caused the accident will claim that it was an "Act of God" since the weather conditions were a contributing factor to the auto accident. In such cases, all of the facts must be examined to see if the accident was caused by negligence or if it happened because of unanticipated conditions that were not the result of anyone's negligence. An auto accident involving "black ice" is one of the most difficult auto accident cases. The driver who slid on the black ice will claim that he or she did nothing wrong and that the accident could not have been avoided. As an experienced Virginia personal injury attorney, I like to investigate such claims as soon as possible. In today's modern technology oriented world, one of the first things to look at is whether or not the driver was using a smart phone at the time of the accident. Cell phone use records can be obtained form the wireless carrier and then we can see if the driver was distracted. So don't assume that there is no claim for a personal injury in Virginia when snow or ice conditions are involved in a car 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, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Railroad Accident Involving Transport Of Oil

Recently, there have been several significant railroad accidents involving the transportation of oil by rail. Increased domestic production and importation of oil from Canada account for the dramatic increase in the use of railroad transportation of oil and petroleum products. Transportation of hazardous chemicals by rail has always been an area where there is the potential for some type of disaster. A good example of the extreme hazards that can be posed by a chemical spill due to a railroad accident is what happened to the small South Carolina town of Graniteville some years ago. A train derailed and chlorine gas escaped from a tank car. The town was devastated and several people died. The recent disaster in Canada involving exploding rail cars was just as disastrous. Such incidents are not once in a century disasters and if one were to happen in a larger metropolitan area, the consequences will be dire. Oil and chemical cars routinely travel through major metropolitan areas. A chlorine gas leak in Richmond, Virginia would be a Graniteville disaster times one hundred. 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, , Hampton, Newport News

Icy Roads Close Virginia Schools

Cold temperatures and icy roads closed local schools for a second day in the Charlottesville Albemarle area. Although primary roads are largely clear, secondary roads still have snow and ice present which can create difficult driving conditions. A lot of car accidents happen after a snow storm has passed and drivers think that there is no longer any reason to be more cautious in driving. I think that the school authorities were wise to keep inexperienced drivers off the road in the early morning hours by cancelling school or delaying the start of the school day.Snow and ice on the roads can result in car accidents and those types of cases are challenging for lawyers and insurance companies. Recovery in a car accident case is premised on the negligence of the driver who caused the accident. Is losing control of a car because of ice just an act of nature or god such that it excuses the driver? The lawyer representing the injury victim in a personal injury case in Virginia has to make the case that the driver did not act reasonably or prudently as would any other driver in the face of icy and snow covered roads. But what if all the facts indicate that the driver was being careful and just happened upon a patch of black ice in an otherwise clear road? Is that driver still responsible for the accident? An experienced personal injury lawyer will want to know all the facts before making a judgment. For instance, how did the driver react after the ice caused problems? Was it really a patch of invisible black ice that caused the accident? It is helpful to be able to begin an investigation of such accidents as soon as possible after the accident happened. If you have questions about a personal injury case involving a car accident caused by ice or snow, call me to go over the facts and see if a recovery is possible. 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

Car Accidents and Distracted Driving in Virginia

Virginia Tech researchers have published a study concerning inexperienced drivers and cellphone use. The study looked at 42 newly licensed teenage drivers and 167 adults with driving experience. The results are disturbing, but they also help to explain why new drivers have a higher accident rate, a fact that I have experienced as the parent of several teenage drivers and also as a personal injury lawyer in Virginia who has represented injury victims. Using sophisticated equipment such as accelerometers,global positioning devices and other sensors, the study looked at how the driver reacted when reaching for objects, including cellphones, using the radio and other car equipment, and eating and drinking. The study found that the new teenage driver was three times more likely to crash while eating and four times more likely to crash while texting. Dialing a cellphone increased the risk of a crash or near crash by more than 700 percent. For the experienced drivers, only the behavior of dialing a cellphone significantly increased the risk of an accident. The ultimate conclusion of the study is that teenage drivers need to focus on driving with their eyes looking ahead and they need to avoid any distractions in the car. When I have a significant serious personal injury case, I am always concerned that the other driver was using a cellphone when the accident occurred. If possible, I obtain the cellphone records of the other driver. If you are in an auto accident and cellphone use is suspected as a cause, it is important to note the exact time of the accident if possible. If you have been in an accident and would like to discuss your options, please call me. 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

Car Accident Deaths Decline in 2013

AAA reports that car accident deaths declined in many states in 2013 to levels not seen since the 1940s. Texas and Illinois bucked the trend and saw an increase in accident deaths. AAA believes the decline in car accident deaths can be attributed to safer cars, safer roads and more educated drivers. Interestingly, the decline comes at a time when there is record car ownership. In 1980 there were 161 million registered cars. Today, there are over 250 million registered cars. I think there are still a lot of problem areas for drivers. The use of technology while driving is causing an increase in distracted driver accidents. I represent several car accident victims where the at fault driver was using a smart phone at the time of 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, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News