Burnett & Williams - Experienced Winchester 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. Find out more...

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.

Personal Injury Lawyers - Specialists in Auto & Truck Accident Cases in Stephens City and P.O. Box 3552 Winchester, VA 22604

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.

If you have been involved in an auto accident in winchester va or an accident on a WInchester Rd pplease call us for a free consultation. We are specialists in truck accidents, semi truck accidents and auto accidents. Know your options before you speak to an insurance company. If you have accident reports in winchester virginia pertaining to your car accident, make sure you have them available for our discussion. If you or a loved one has susttained a car accident injury in winchester, va call us at 540) 667-3500 or write Burnett & Williams P.O. Box 3552 Winchester, VA 22604

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.

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For more tips Car Crash Facts from http://www-fars.nhtsa.dot.gov

More than 6.1 million police-reported motor vehicle crashes occurred in the United States in 2005. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (39,189) resulting in a death. [Crashes : 2005]

• The proportion of vehicles that rolled over in fatal crashes (21.5 percent) was nearly 4 times as high as the proportion in injury crashes (5.8 percent) and nearly 17 times as high as the proportion in property-damage-only crashes (1.3 percent). [Vehicles : 2007]
• Fires occurred in 0.1 percent of the vehicles involved in all traffic crashes in 2007. For fatal crashes, however, fires occurred in 3 percent of the vehicles involved. [Vehicles : 2007]
• Compared with other vehicle types, utility vehicles experienced the highest rollover rates in fatal crashes (33.7 percent) and in injury crashes (10.2 percent). Large trucks, pickups, and utility vehicles experienced the highest rollover rates in property-damage-only crashes (2.2 percent). [Vehicles : 2007]
• Large trucks accounted for 8 percent of the vehicles in fatal crashes, but only 3 percent of the vehicles involved in injury crashes and 5 percent of the vehicles involved in property-damage-only crashes. Of the 4,584 large trucks involved in fatal crashes, 74 percent were combination trucks. [Vehicles : 2007]
• Motorcycles in fatal crashes had the highest proportion of collisions with fixed objects (25.2 percent), and large trucks in fatal crashes had the lowest proportion (3.5 percent). [Vehicles : 2007]
• More than 94 percent of the 11 million vehicles involved in motor vehicle crashes in 2005 were passenger cars or light trucks. [Vehicles : 2005
• Large trucks accounted for 8 percent of the vehicles in fatal crashes, but only 3 percent of the vehicles involved in injury crashes and 5 percent of the vehicles involved in property-damage-only crashes. Of the 4,932 large trucks involved in fatal crashes, 74 percent were combination trucks. [Vehicles : 2005]
• The proportion of vehicles that rolled over in fatal crashes (21.1 percent) was 4 times as high as the proportion in injury crashes (5.3 percent) and 16 times as high as the proportion in property-damage-only crashes (1.3 percent). [Vehicles : 2005]
• Compared with other vehicle types, utility vehicles experienced the highest rollover rates in fatal crashes (35.4 percent) and in property-damage-only crashes (2.6 percent). Large trucks experienced the highest rollover rate in injury crashes (9.9 percent). [Vehicles : 2005]
• Fires occurred in 0.1 percent of the vehicles involved in all traffic crashes in 2005. For fatal crashes, however, fires occurred in 3 percent of the vehicles involved. [Vehicles : 2005]

Personal Injury Lawyers - Specialists in Auto & Truck Accident Cases P.O. Box 3552 Winchester, VA 22604

• Regardless of crash severity, the majority of vehicles in single- and two-vehicle crashes were going straight prior to the crash. The next most common vehicle maneuver differed by crash severity: negotiating a curve for fatal crashes, turning left for injury crashes, and stopped in traffic lane for property-damage-only crashes. [Vehicles : 2005]
• Motorcycles in fatal crashes had the highest proportion of collisions with fixed objects (26.0 percent), and buses in fatal crashes had the lowest proportion (2.2 percent). [Vehicles : 2005]
• Nearly 95 percent of the 11 million vehicles involved in motor vehicle crashes in 2004 were passenger cars or light trucks. [Vehicles : 2004
• Large trucks accounted for 8 percent of the vehicles in fatal crashes, but only 3 percent of the vehicles involved in injury and 4 percent of the vehicles involved in property-damage-only crashes. Of the 4,862 large trucks involved in fatal crashes, 74 percent were combination trucks. [Vehicles : 2004]
• The proportion of vehicles that rolled over in fatal crashes (20.5 percent) was 4 times as high as the proportion in injury crashes (5.0 percent) and 16 times as high as the proportion in property-damage-only crashes (1.3 percent). [Vehicles : 2004
• Compared with other vehicle types, utility vehicles experienced the highest rollover rates: 36.2 percent in fatal crashes, 9.6 percent in injury crashes, and 2.4 percent in property-damage-only crashes. [Vehicles : 2004]
• Fires occurred in 0.1 percent of the vehicles involved in all traffic crashes in 2004. For fatal crashes, however, fires occurred in nearly 3 percent of the vehicles involved. [Vehicles : 2004]
• Regardless of crash severity, the majority of vehicles in single- and two-vehicle crashes were going straight prior to the crash. The next most common vehicle maneuver differed by crash severity: negotiating a curve for fatal crashes, turning left for injury crashes, and stopped in traffic lane for property-damage-only crashes. [Vehicles : 2004]
• Motorcycles in fatal crashes had the highest proportion of collisions with fixed objects (26.4 percent), and buses in fatal crashes had the lowest proportion (2.2 percent). [Vehicles : 2004]
• Nearly 95 percent of the 11 million vehicles involved in motor vehicle crashes in 2003 were passenger cars or light trucks. [Vehicles : 2003]

Personal Injury Lawyers - Specialists in Auto & Truck Accident Cases P.O. Box 3552 Winchester, VA 22604

• Large trucks accounted for 8 percent of the vehicles in fatal crashes, but only 3 percent of the vehicles involved in injury and 5 percent of the vehicles involved in property-damageonly crashes. Of the 4,669 large trucks involved in fatal crashes, 75 percent were combination trucks. [Vehicles : 2003]
• The proportion of vehicles that rolled over in fatal crashes (20.0 percent) was 4 times as high as the proportion in injury crashes (4.9 percent) and 15 times as high as the proportion in property-damage-only crashes (1.3 percent). [Vehicles : 2003]
• Compared with other vehicle types, utility vehicles experienced the highest rollover rates: 35.7 percent in fatal crashes, 10.3 percent in injury crashes, and 2.8 percent in property-damage-only crashes. [Vehicles : 2003]
• Fires occurred in 0.1 percent of the vehicles involved in all traffic crashes in 2003. For fatal crashes, however, fires occurred in nearly 3 percent of the vehicles involved. [Vehicles : 2003]
• Regardless of crash severity, the majority of vehicles in single- and two-vehicle crashes were going straight prior to the crash. The next most common vehicle maneuver differed by crash severity: negotiating a curve for fatal crashes, turning left for injury crashes, and stopped in traffic lane for property-damage-only crashes. [Vehicles : 2003]
• Motorcycles in fatal crashes had the highest proportion of collisions with fixed objects (24.6 percent), and buses in fatal crashes had the lowest proportion (2.1 percent). [Vehicles : 2003]
• The proportion of vehicles that rolled over in fatal crashes (19.1 percent) was nearly 4 times as high as the proportion in injury crashes (4.9 percent) and nearly 14 times as high as the proportion in property-damage-only crashes (1.4 percent). [Vehicles : 2000]
• Compared with other vehicle types, utility vehicles experienced the highest rollover rates: 36.3 percent in fatal crashes, 12.1 percent in injury crashes, and 2.9 percent in property-damage-only crashes. [Vehicles : 2000]
• Motorcycles in fatal crashes had the highest proportion of collisions with fixed objects (27.3 percent), and buses in fatal crashes had the lowest proportion (2.9 percent). [Vehicles : 2000]
• Ninety-four percent of the 11 million vehicles involved in motor vehicle crashes in 1999 were passenger cars or light trucks. [Vehicles : 1999]

Were you involved in an accident or crash in the Winchester VA 22604 Area? Burnett & Williams can help. Our experienced staff can assist you in understanding your rights. Accidents on I-81 can have tragic consequences. Contact us today.

Dangers of Cell Phone Use While Driving

In your circle of friends, name five people who don’t have a cell phone. Name one.
Can’t do it? Not surprising since, for most Americans (224 million in 2006), cell phones
are an indispensable tool for communicating anytime, anywhere.
One place Americans use cell phones is in the car. While driving, you can catch up with
an old friend, conduct business, order a pizza to arrive at home at the same time you do,
among countless other things. Cell phones allowyou to multi­task. But if you are
concentrating on something other than safely operating your vehicle, you are putting
yourself and others at risk. According to a recent study, driver inattention was a factor
in 80% of crashes and 65% of near­crashes. What distracted most drivers: their cell
phones.
A serious personal conversation or a business call shifts concentration away from your
driving. Additionally, the act of dialing a number on your cell phone requires you to
look at the cell phone, taking youreyes off the road. Even more distracting is text
messaging. Thirty­seven percent of teens cite text messaging as their biggest
distraction while driving.
Removing your focus from driving to make a call or read a text message could have
disastrousconsequences. A University of Utah study illustrates the extent of the
danger: it found that driving while using a cell phone(even one that is hands­free)isas
dangerous as drunk driving.
Recognizing the hazardscaused by careless cell phone use by drivers, many states,
including New York, New Jersey, Connecticut, and California (and the District of
Columbia), have institutedlaws banning or restricting the use of hand­held cellular
devices while driving. Businesses are taking notice too. Since 2004, American justice
has seen the emergence of lawsuits against businesses whose employees caused a car
crash due tocell phoneuse while driving. Beers Skanska Inc., a large construction firm,
recently paida $5million settlement to a plaintiff involved insuch an accident with one
of its employees.
Accidents such as these can be avoided if you think of your cell phone as a piece of safety
equipment to be used in the event of an emergency. In the moments following an
accident, youneed your cell phone tocall for help. At all other times while you are
driving, you should pull off the road to a safe location to make or return a call or text
message.

For more tips Car Crash Facts from http://www-fars.nhtsa.dot.gov

• More than 6.7 million police-reported motor vehicle crashes occurred in the United States in 1997. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (37,280) resulting in a death.
• Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 1997, with 1,190 and 1,196 fatal crashes, respectively.
• Fifty-six percent of fatal crashes involved only one vehicle, compared to 28 percent of both injury crashes and property-damage-only crashes.
• More than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 22 percent of property-damage-only crashes occurred on these roads.
• Collision with another motor vehicle in transport was the most common first harmful event for fatal, injury, and property-damage-only crashes. Collisions with fixed objects and noncollisions accounted for only 18 percent of all crashes, but they accounted for 40 percent of fatal crashes.
• Thirty-nine percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 75 percent involved alcohol.
• More than 6.8 million police-reported motor vehicle crashes occurred in the United States in 1996. One-third of these crashes resulted in an injury, with less than 1 percent of total crashes (37,351) resulting in a death. [Crashes : 1996]
• Midnight to 3 a.m. on Saturdays proved to be the deadliest 3-hour period throughout 1996, with 1,250 fatal crashes. [Crashes : 1996]
• Fifty-six percent of fatal crashes involved only one vehicle, compared to 29 percent of both injury crashes and property-damage-only crashes.
• More than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 21 percent of property-damage-only crashes occurred on these roads.
• Collision with another motor vehicle in transport was the most common first harmful event for fatal, injury, and property-damage-only crashes. Collisions with fixed objects and noncollisions accounted for only 17 percent of all crashes, but they accounted for 40 percent of fatal crashes.
• More than 6.6 million police-reported motor vehicle crashes occurred in the United States in 1995. One-third of these crashes resulted in an injury, with less than 1 percent of total crashes (37,221) resulting in a death. [Crashes : 1995]
• Fifty-seven percent of fatal crashes involved only one vehicle, compared to 28 percent of both injury crashes and property-damage-only crashes.
• Slightly more than half of fatal crashes occurred on roads with posted speed limits of 35 mph or more, while only 21 percent of property-damage-only crashes occurred on these roads.
• * Collision with another motor vehicle in transport was the most common first harmful event for fatal, injury, and property-damage-only crashes. Collisions with fixed objects and noncollisions accounted for only 17 percent of all crashes, but they accounted for 40 percent of fatal crashes.
• Forty-one percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 78 percent involved alcohol.
• Midnight to 3 a.m. on Saturdays proved to be the deadliest 3-hour period throughout 1995, with 1,339 fatal crashes. [Crashes : 1995]
• Almost 6.5 million police-reported motor vehicle crashes occurred in the United States in 1994. One-third of these crashes resulted in an injury, with less than 1 percent of total crashes (36,223) resulting in a death. [Crashes : 1994]
• Midnight to 3 a.m. on Saturdays proved to be the deadliest 3-hour period throughout 1994, with 1,290 fatal crashes. [Crashes : 1994]
• Fifty-seven percent of fatal crashes involved only one vehicle, compared to 30 percent of both injury crashes and property-damage-only crashes.
• Slightly more than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 22 percent of property-damage-only crashes occurred on these roads.
• Collision with another motor vehicle in transport was the most common first harmful event for fatal, injury and property-damage-only crashes. Collisions with fixed objects and noncollisions accounted for only 17 percent of all crashes, but they accounted for 39 percent of fatal crashes.
• Forty-one percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 78 percent involved alcohol on safe driving, go to
  www.nsc.org.

Schedule tightness among tractor-trailer drivers.

Beilock R.

FRE Department, University of Florida, Gainesville, Florida 32611-0240, USA. rpbeilock@mail.ifas.ufl.edu

The extent to which schedules are sufficiently tight to encourage violations of Hours-of-Service Regulations, speed limits, or both was investigated through a survey of over 1,600 tractor-trailer drivers. The focus was on drivers with refrigerated trailers. The results indicate high incidence levels of tight schedules. For example, assuming average speed limits of 65 mph, 24% had violation-inducing schedules with regard to the movement they were making at the time of the interviews. Incorporating information about previous driving, the incidence of violation-inducing schedules rose to 40%. Comparison with an earlier study suggests that, despite increases in speed limits which would tend to loosen schedules, schedules have become tighter over the past decade. The implications of these findings for reforms of Hours-of-Service Regulations are briefly discussed.

PMID: 16210195 [PubMed - indexed for MEDLINE]

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