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