Leesburg - 105 Loudoun Street SE, Leesburg, VA 20175 Midlothian - 13303 Midlothian Turnpike, Midlothian, VA 23113 Hopewell - 110 North 2nd Avenue, Hopewell, VA 23860 Winchester - 14 S Kent Street, Winchester, VA 22601
Burnett & Williams - Experienced Loudoun County Truck Accident Lawyers
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.
Settlement of Mesothelioma Lawsuit Awards $7.5 Million to California Man from Six Companies A California construction worker who developed a highly aggressive form of cancer after exposure to asbestos has received $7.5 million in settlement of legal claims against six companies that manufactured or distributed asbestos-cement pipe, the law firm Weitz & Luxenberg, PC, today announced (docket number 153777, Butte County Superior Court, Chico, Calif.). The man, 57, [...]
Euro Asia Imports Recalls Bicycle Handlebars The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Name of product: Bicycle Handlebars Units: About 2,000 [...]
Violation of Lead Paint Standard Forces Recall of Mexican Wrestling Action Figures The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Name of product: Super Luchamania Action Figures Units: About 7,000 packs [...]
Hewlett-Packard Agrees to $425,000 Civil Penalty for Failure to Immediately Report Lithium-Ion Battery Packs The U.S. Consumer Product Safety Commission (CPSC) announced today that Hewlett-Packard Company (HP), of Palo Alto, Calif., has agreed to pay a civil penalty of $425,000. The settlement agreement (pdf) has been provisionally accepted by the Commission (3-1). The settlement resolves staff allegations that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain [...]
Giant Bicycle Recalls Two Models; Forks Can Break Causing Fall Hazard The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Name of product: 2012 Model Year Giant Defy Advanced and [...]
CPSC Posts Recall to Web Site The U.S. Consumer Product Safety Commission (CPSC) announced today that the following voluntary recall alert was posted in cooperation with the firm listed below. Recalls can be viewed at www.cpsc.gov. Company Name Product Name Quantity Hazard Steelcase Inc., of Grand Rapids, Mich. Amia desk chairs About 11,000 The pivot pins installed in the control mechanism under [...]
New Law Would Require Drug Makers to Disclose Fees to Doctors According to a January 17, 2012 article published in the New York Times, under the new health care law, if a company has just one product covered by Medicare or Medicaid, it will have to report all payments made to doctors other than its own employees. The payment information will be posted by the federal [...]
Top AAA State Legislative Safety Priorities Shifted Towards Distracted Driving and Teen Driver Safety in 2012 Recent public attention to distracted driving will likely spur additional legislative activity as states convene their 2012 sessions, according to AAA. Laws that ban texting while driving and that improve teen driver safety again top AAA’s nationwide legislative agenda to improve highway safety. “Last month’s NTSB recommendation will lead state legislatures to consider a range [...]
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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.
Analysis of large truck rollover crashes.
McKnight AJ, Bahouth GT.
Pacific Institute for Research and Evaluation, Calverton, Maryland 20705, USA. jimmcknight@comcast.net
OBJECTIVES: Close to a tenth of all large truck crashes result from rolling over during some maneuver. The aim of this study was to identify causes of these serious events as well as preventive measures that could be taken to reduce their number. METHODS: Detailed descriptions of 231 rollovers provided by field investigators were analyzed to identify causes. The descriptions addressed crash location, the nature of the crash, effect upon the vehicles involved, injuries and treatment, and contributing conditions. Causes were inferred from the nature of the crash. RESULTS: Almost half of the rollover crashes resulted from failing to adjust speed to curves, loads, brake condition, road surfaces, and intersections. A second major contributor involved lack of attention, including general inattention, misdirected attention, falling asleep, and distraction. The third major factor involved control errors, including oversteering, understeering, overcorrecting for errors, and minor control errors. The remainder were not driving errors and included those of other drivers, those occurring before the truck took to the road, and the condition of the vehicle before it was driven. CONCLUSIONS: Although they account for but a tenth of all large truck crashes, rollovers result from causes that are relatively unique to the vehicle and where it is driven. Programs could improve safety through the use of video to expose truck drivers to the situations causing rollovers, along with simulation allowing drivers to experience the consequences of errors without the harmful results of actual rollovers.
