Burnett & Williams
Experienced Accident Lawyers in Loudoun Virginia Serving Ashburn VA, Sterling VA, and Leesburg VA

In nearly two decades of personal injury specialization, Burnett & Williams has achieved notable verdicts, settlements, and appellate results in cases arising from wrongful deaths, medical malpractice, tractor trailer accidents, traumatic brain injuries, defective products, serious orthopaedic injuries,
and other significant injuries. This specialization and the consequent investment in time and resources in each case have been instrumental in our ability to obtain full compensation for our clients.

How the Process Works
One of the most common questions we hear from people interested in pursuing a personal injury case is, “So, how does this whole process work?” Most people are not familiar with how legal claims work, either because they have never been involved in a legal case before or simply because the process and procedure of the law is complicated, to say the least.

We understand that it is important for you to know what to expect when you decide to pursue a personal injury case. Although no two cases are the same, we have outlined a typical case process to guide you through a typical case. We want you to understand what is happening every step of the way.

If You've Been Injured
Choosing a lawyer can be time consuming, stressful, and confusing. If you've been injured, you need compassionate, experienced legal asistance. The attorneys at Burnett & Williams have extensive experience in all types of personal injury law. Contact us for more information and a free consultation. Having difficulty traveling? We will be happy to visit you at home or meet with you in a location that is convenient for you.

Serving : Ashburn, Leesburg and Northern Virginia

Auto accident

Every motor vehicle accident case raises at least three questions:

1) Who was at fault?
To be entitled to damages under Virginia law, you must prove that someone else was at fault in causing the accident. Sometimes the question of fault is easily determined, such as when someone for no legitimate reason drives through a red light and collides with someone who is lawfully in the intersection. What, you might ask, could be a legitimate reason for driving through a red light? Well, the answers are endless - mechanical failure, sudden illness, or anything else that the driver is unable to control. Until your opponent concedes liability for the accident, you should take nothing for granted. For example, contrary to popular belief, a driver who drives into the rear of another car is not automatically at fault under the law. Fault is a threshold question without first establishing fault, the case cannot proceed.

2) What are the injuries?
The amount that an injury victim is entitled to recover from a negligent driver is usually determined by the extent of the injuries, although in some cases the defendant’s conduct is so outrageous that the injured victim can also assert a claim for punitive damages. The most common elements of compensatory damages in motor vehicle cases include bodily injuries and their effect, past and future medical expenses, past and future lost wages, future lessened earning capacity, disfigurement, inconvenience, pain, and suffering. Virginia law sets no limit on the dollar amount an injury victim can recover in compensatory damages.

3) Is there adequate insurance coverage to fully compensate you for your injuries?
There are many potential sources of insurance coverage from which you might receive compensation for your injuries. The insurance coverage types (click here for more info) available to automobile accident victims fall into three categories: liability coverage; uninsured/underinsured motorist coverage; and medical expense coverage (also known as medical payments coverage or "med pay"). Sources of potential insurance coverage can be found in some unexpected places, so when you meet with us, be sure to provide us with a copy of every policy that might apply. Because Virginia law sets such low limits on the amount of insurance that motor vehicle owners must have, we see too many people who have cases of clear liability, substantial injuries, but grossly inadequate insurance coverage. To ensure that this does not happen to you, please review your own policies and consider increasing the limits on your uninsured and underinsured motorist coverage.

Tractor Trailer Accidents

Although we ask the same three questions to victims of tractor trailer accidents as we do to those involved in automobile accidents, the extensive regulation of truckers by the state and federal departments of transportation add a significant layer of complexity to the proper presentation of a tractor trailer claim. Given the size and weight of most tractor trailers, the resultant injuries are frequently much more severe and the issues are often much more technical. We often consult with experienced tractor trailer drivers and accident reconstructionists to assist us in the evaluation and presentation of technically complex evidence.

How safe is your family in your car?

DID YOU KNOW?
Only 10 to 20% of children between the ages of 4 and 7 are properly restrained when riding
in a car? What makes them safe: a booster seat.
A booster seat raises the child up, ensuring that the seat belt fits properly over the chest and
thighs. A standard seat belt, when fastened, falls across the face or neck of a child under
4'9", leaving him/her vulnerable to severe injuries. Tucking the shoulder strap under the
child's arm is not a safe solution to the problem.
So if booster seats are the answer to the problem of safe car travel for these kids, then why
aren't more kids riding in them? Lack of awareness is likely the answer. That's why the
National Highway Safety Administration named this week, February 12th through the
18th, as National Child Passenger Safety Week in the hope of informing more parents and
caregivers of the safe way to travel with small children.
Listed below are four helpful guidelines to help you make decisions about the safety of your
kids. For more information, go toboosterseat.gov.

1. Use rear­facing infant seats in the back from birth to at least one year of
age and at least 20 pounds;

2. Use forward­facing toddler seats in the back seat from age one and 20
pounds to about the age four and 40 pounds;

3. Use booster seats in the back seat from about age four to at least age
eight­ unless the child is 4'9" or taller; and

4. Use safety belts inthe back seat at age eight or older or taller than 4'9".
As of February 12th, the Virginia House of Delegates gave their final approval to a bill
requiring children up to eight years old to be restrained in a booster seat while riding in a
vehicle. The bill is now on its way to Gov. Timothy M. Kaine for approval.

US Consumer Product Safety Commission - Recent Sports/Recreation Related Recalls
Sports/Recreation related recalls and product safety news from CPC

Hayes Bicycle Group Recalls Quick-Release Devices for Bicycles Due To Fall Hazard
Wed, Jul 2, 2008 11:00 AM
The quick release devices can unexpectedly fail or break when locked in position on the bicycle, causing the rider to lose control, which poses a serious fall hazard.
Paintball Gun Adapters Recalled by RAP4 Due to Impact and Laceration Hazards
Wed, Jul 2, 2008 11:00 AM
The remote line adapter can burst when over tightened, posing serious impact and laceration hazards to consumers.
E-Z-GO Recalls RXV Golf Cars Due to Fall Hazard
Fri, Jun 27, 2008 12:00 PM
The hip restraints on the cars can detach at the base, posing a fall and injury risk to consumers.
ATVs Recalled By KYMCO Due to Loss of Speed Control
Thu, Jun 26, 2008 2:30 PM
A manufacturing defect in the carburetor can cause the throttle to stick open, posing a risk of serious injury or death to the rider.
ATVs Recalled By Kawasaki Due to Loss of Speed Control
Thu, Jun 26, 2008 2:30 PM
The throttle can fail to return to the idle position when released or could fail to be at idle on start-up. This could result in loss of vehicle control, posing a risk of serious injury or death to the rider.
Arctic Cat Recalls Model Year 2008 50cc and 90cc Youth Model ATVs
Tue, Jun 24, 2008 8:30 AM
The speed controller on the recalled ATVs could fail to return to the idle position when the throttle lever is released, or the speed controller could fail to be at idle on start up. This could result in loss of vehicle control, which could result in serious injury or death to the rider.
Tucker Rocky Recalls Off-Road Motorcycle Clamp Kits; Bolts Can Break Causing Handlebars to Separate During a Crash and Cause Serious Injury
Wed, Jun 18, 2008 9:30 AM
Some of the bolts included in the clamp kits (or sold separately) if installed incorrectly can break under extreme force such as a crash. This can cause the handlebars to separate posing a risk of serious injury to the rider.
BRP U.S. Inc. Recalls Snowmobiles Due to Fire Hazard
Tue, Jun 17, 2008 9:00 AM
Friction between the fuel hose and the cylinder head cover can cause the hose to pierce. This can cause fuel to leak out, posing a fire hazard.
Polaris Industries Expands Recall of ATVs Due to Fire Hazard
Wed, Jun 4, 2008 10:00 AM
The ATVs can have defective Electronic Control Modules (ECM) that overheat, posing a fire and burn hazard to riders.
Batting Helmets Recalled by Rawlings Sporting Goods Due to Violation of Lead Paint Standard
Tue, May 27, 2008 11:00 AM
Surface paint on the helmets contains excessive levels of lead, violating the federal lead paint standard.
BRP U.S. Inc. Recalls Snowmobiles Due to Explosion Hazard
Wed, May 21, 2008 12:00 PM
Under extreme cold and dry weather conditions, an explosion could occur because of sparking in the fuel tank when it is partially filled with gasoline at a low vapor pressure and the engine is left idling. This could cause serious injuries or death.
K2 Sports Recalls Snowboard Bindings Due to Fall Hazard
Tue, May 20, 2008 9:00 AM
The cable that links the toe strap to the binding could break, posing a fall hazard to snowboarders.
Air Pistols That Can Fire Unexpectedly Are Recalled by Umarex USA
Wed, May 14, 2008 9:30 AM
The air pistols can accidentally discharge, posing a risk of serious injury if the air pistol is loaded and pointed at the user or another person when it discharges.
American Honda Motor Co. Recalls ATVs Due to Loss of Steering Control
Thu, May 8, 2008 12:45 PM
The electric power steering shaft of the recalled ATVs could break unexpectedly, resulting in the rider's losing steering control. This poses a risk of injury or death to riders.
TJ Power Sports Recalls Dune Buggies Due To Ejection Hazard
Tue, May 6, 2008 11:00 AM
The seat belt adjustment for the shoulder buckle can break during impact or stress, posing an ejection and injury hazard to driver and passenger.

Are your Tires Safe?

info from http://www.safercar.gov/

What is meant by “tire aging”?

The structural integrity of a tire can degrade over an extended period of time. When that occurs, tires are more prone to catastrophic failure, which could, at best, cause an inconvenience, or, at worst, lead to a crash. The degradation of a tire occurs over time, mostly the result of a chemical reaction within the rubber components. That aging process can be accelerated by heat and sunlight.

Does climate have an effect on the aging of tires?

NHTSA research suggests that tires age faster in warmer climates. Exposure to high ambient temperatures can accelerate the tire aging process, which could contribute to tire failures, including tread separations. Environmental conditions like exposure to sunlight and coastal climates, as well as poor storage and infrequent use can hasten the aging process.

Are some vehicles more prone to tire aging problems?

Tire aging is generally not an issue with vehicles that are driven regularly. Tires will wear out and need to be replaced before aging becomes a safety concern. But those with occasional use - like recreational vehicles or collector cars, for example - could be susceptible. The spares on all vehicles also are prone to aging problems because they seldom get used or replaced. In those instances, the structural integrity of the tire may be weakened - and potentially hazardous - even though the tire still has a great deal of remaining tread.

How do you detect when tires have become unsafe?

The effects of aging may not be visibly detectable. Since there is no standard test to assess the serviceability of a tire, even an inspection performed by an expert may not always reveal the extent of tire deterioration. Vehicle owners are therefore encouraged to have their tires checked after five years of use, then annually thereafter.

How do you determine the age of a tire?

The age of the tire can be determined by checking the tire identification number on the sidewall of the tire, which begins with the letters "DOT". The last four digits represent the week and year the tire was manufactured. On newer model tires, the tire identification number is on the outside sidewall; older models will have the identification information on the inner sidewall.

When does NHTSA recommend that tires should be replaced?

While tire life will ultimately depend on the tires’ service conditions and the environment in which they operate, there are some general guidelines. Some vehicle manufacturers recommend that tires be replaced every six years regardless of use. In addition, a number of tire manufacturers cite 10 years as the maximum service life for tires. Check the owner’s manual for specific recommendations for your vehicle. Remember, it is always wise to err on the side of caution if you suspect your vehicle has tires that are over six years of age.

Are there other reasons for tire failure?

Yes. Poor maintenance is often cited as a cause of failure. While maintenance is important for good wear and safety performance of tires, many other factors contribute to their failure. Tire failures can be caused by a number of factors such as under- or over-inflation of tires, overloading of vehicles, road hazards, improper maintenance, structural defects, and improper installation, in addition to tire aging.

Is it a significant safety problem?

Most failures result in nothing more serious than minor property damage. For more serious crashes, NHTSA estimates that about 400 fatalities annually may have been attributed to tire failures.

What is a tire “placard?” And where is it usually located?

A tire placard is really just a fancy name for a tire information label. This label contains several key pieces of information: (1) the vehicle manufacturer’s recommended psi (pounds per square inch) or kilopascals (kPa) of air pressure for your vehicle’s tires, (2) the maximum weight (or “load”) you should have in your vehicle. Load or weight limits are usually given in terms of number of occupants or total weight (in pounds or kilograms) and (3) the recommended tire size.

You’ll find the label located inside the driver’s side doorframe or doorpost. It may also be affixed to the edge of the driver’s door or the inside of the glove-box door or trunk lid. Next time you get in your vehicle, take a moment to locate your vehicle’s tire placard and make a note of the correct tire pressure and load limits for your vehicle. The same information is also located in your owner’s manual.

What does the psi number on the tire placard or label have to do with tire safety? What are the risks of underinflating or overinflating?

The psi, or pounds per square inch, number on your tire placard or label represents the pressure you should fill your vehicle’s tires with to ensure tire safety. Under- and overinflating tires can both be safety hazards. Overinflating tires can adversely affect vehicle maneuverability, make the ride harsher, and sometimes lead to loss of control and crashes. Underinflating tires – a potentially more serious problem – can result in tire stress due to overheating, irregular wear of tread, tire failure, and sometimes loss of driver control and crashes. So obviously you’ll want to know the correct psi for your vehicle, check your tire pressure at least once a month with a tire gauge, and adjust tire pressure accordingly.

How often should I check my tire pressure?

Keep in mind that a tire doesn’t have to be punctured by a foreign object, such as a nail, to lose air. All tires will naturally lose some air over time. In fact, underinflation is a leading cause of tire failure. So it’s advisable to check the pressure in all your tires, including the spare, at least once a month. There’s nothing wrong with checking more often. Circumstances may call for more frequent checks. For instance, checking pressure after driving on poor road surfaces or before embarking on a long road trip are good safety practices. Finally, always remember to use a tire gauge: you cannot tell if a tire is underinflated simply by looking at, kicking, or pressing on a tire.

I’ve heard that the best time to get an accurate reading of tire pressure is when tires are “cold.” What is a “cold” tire?

While some people think that the term “cold” tire relates to the outside temperature, it really has nothing to do with the weather. It can be 90 degrees outside and your tires can still be considered cold. Rather, a cold tire is one that hasn’t been driven on for at least 3 hours, which is the optimal time to get an accurate pressure reading. A tire that has been driven on for short distances — even just 1 mile — is no longer considered “cold.”

What about the psi number listed on the side of my tires? Should I fill my tires to that pressure?

Tires are manufactured for many different vehicle makes and models of vehicles. And the psi number on the side of a tire only reflects the “maximum permissible” inflation pressure for that tire — not necessarily the correct psi for your vehicle. When filling your tires, always follow your vehicle manufacturer’s psi recommendations. You’ll find this psi number on your vehicle’s tire information label, as well as in your vehicle owner’s manual.

Do I need to check my tires for anything other than correct pressure?

When you perform your monthly tire pressure check with a gauge, it’s also important to visually inspect your tires. Look for and remove any foreign objects or debris that might have become wedged between the tire treads. Check for irregular wear patterns. Irregular wear patterns may mean your tires need rotating and/or your wheels need to be realigned. Take your vehicle in for servicing to correct these problems. If your tread depth is less than 2/32 (or 1/16) of an inch, it’s time to replace your tires.

How frequently should I rotate my tires? What happens if I don't?

Check your vehicle owner’s manual for specific recommendations on rotation timelines and patterns. In general, most vehicle manufacturers recommend rotating your vehicle’s tires every 6,000 to 8,000 miles. If you don’t rotate your vehicle’s tires, the difference is tread wear between the front and rear tires could eventually lead to adverse vehicle handling.

How much wear should I allow on my tires before I replace them? How do I know if they're "bald?"

Be sure to replace your tires when the tread wears down to 2/32 (or 1/16) of an inch. The tire’s built-in tread wear indicators, or “wear bars,” can tell you it’s time to replace your tires. When the tire tread becomes level with the “wear bars,” your tires only have 2/32 (or 1/16) of an inch of tread left and therefore should be replaced.

You can also use a Lincoln penny to determine when it’s time to replace your tires. Turn the penny so that Lincoln’s head is pointing down and insert it into the tread. If you can see all of Lincoln’s head, it’s time to replace your tires. “Bald” tires have a noticeably smooth surface caused by excessive wear beyond the 2/32 (or 1/16) of an inch replacement point. Such tires have reduced traction, which can lead to vehicle loss of control during braking and turning maneuvers.

What’s a tire blowout?

A blowout is a rapid loss of tire air pressure. This sudden loss of air pressure from a tire can cause a vehicle to lose control.

What should I do if I have a tire blowout while driving?

The goal in any rapid loss of tire pressure or “blowout” is to keep the vehicle balanced and controllable. Do not panic. Any over-reaction by the driver – including slamming on the brakes or abruptly removing your foot from the accelerator – can result in a loss of vehicle control.

In any blowout situation, it’s most important to first remember the 2 things you should NOT do:

Do not to step on the brake. As instinctive as it may be, it’s the worst mistake you can make in any tire blowout situation. Applying the brakes will cause an even greater imbalance on the vehicle’s stability.

Do not abruptly release your foot from the accelerator. This is the second worst mistake you can make. Rapidly releasing the accelerator causes the vehicle to transfer more of its weight from the rear tires to the front tires. With a flat tire, this can lead to loss of control of the vehicle.

What not to do in a blowout situation.

Instead, in any blowout situation, you should follow these 3 steps:

* Gradually release the accelerator .
* Correct the steering as necessary to stabilize your vehicle and regain control. Look where you want the vehicle to go and steer in that direction.
* Once your vehicle has stabilized, continue to slow down and pull off the road where and when you judge it’s safe to do so.

What you should do.

Remember, no matter which tire blows out — front or back — the do’s and don’ts for safely maintaining control of your vehicle are exactly the same. The only difference between a front and rear tire blowout is that you will feel the force of a front blowout more in the vehicle’s steering, while you’ll feel a rear blowout more in the seat or body of the vehicle.

Should I lower my tires' pressure to get better traction in the snow or off-road?

You should always keep your tire pressure at the psi level recommended for your vehicle by the vehicle manufacturer. Lowering your recommended tire pressure by even a few psi may results in a smoother ride, but it can lead to tire failure. Note: some vehicle manufacturers may provide a lower recommended tire pressure for lower vehicle loading conditions, e.g., if there are only 1-3 occupants in the vehicle. This should not be construed as recommending a lower pressure for use in snow or off-road.

When I get replacement tires, do I still follow the pressure and loading guidance on the vehicle’s tire information label?

Yes. No matter which manufacturer makes your replacement tires, you should always follow the tire pressure and loading guidelines of your vehicle manufacturer. You’ll find these numbers on the tire information label on your vehicle or within the pages of your vehicle owner’s manual.

All-terrain vehicle injuries in children.
Kirkpatrick R, Puffinbarger W, Sullivan JA.

Department of Orthopedic Surgery and Rehabilitation, University of Oklahoma, Oklahoma City, OK, USA.

PURPOSE: All-terrain vehicles (ATVs) were introduced in the early 1970s. Injury rates in children and adolescents were alarming. The Consumer Products Safety Commission 2002 annual report revealed 5239 deaths attributed to ATVs between 1982 and 2002. One third (n = 1706) involved children younger than 16 years. The Consumer Products Safety Commission entered into a 10-year decree with ATV manufacturers in 1988 in an attempt to decrease ATV injuries and deaths. The purpose of this study was to assess the experience at the Oklahoma University Medical Center Level 1 Trauma Center by review of the trauma registry for patients younger than 16 years injured in ATV accidents. METHODS: A retrospective review of the trauma registry was performed in children younger than 16 years who presented as a result of injury attributed to 3- or 4-wheel ATVs since 2001. RESULTS: A total of 73 patients fit the search description. The average age was 9.9 years. The average Injury Severity Score was 10.3 (Level 1 trauma, 20.0; Level 2 trauma, 8.3). All 4 deaths were attributed to head injury (average age, 12.5 years.). The most common injuries were extremity fractures (36 fractures), head injury (33 injuries), and facial trauma (20 injuries). Of the fractures, 8 were open (6 upper extremities all around the elbow and 2 lower extremity tibia fractures). Extremity fractures occurred in nearly half of our patients with a slightly higher number of upper extremity injuries. The rate and severity of fractures about the elbow is especially alarming. CONCLUSIONS: All-terrain vehicle injuries involving children continue to be a concern. Despite the 1988 decree, ATV injuries continue to be a significant source of morbidity and mortality among children. Orthopaedic injuries of the extremities are common in these patients. In this series, the only cause of death was head injury. CLINICAL RELEVANCE: Orthopaedic injuries are the norm in children and adolescents injured in ATV accidents. Although some legislation is in place, the level of compliance is unclear. Legislation requiring helmet use and age limits failed in Oklahoma this year. Perhaps a comprehensive community education program would be the most effective in decreasing ATV morbidity and mortality in children.

PMID: 17878773 [PubMed - indexed for MEDLINE]
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