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