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.
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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
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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]
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 2005, with 1,320 and 1,275 fatal crashes, respectively. [Crashes : 2005]
- Fifty-eight percent of fatal crashes involved only one vehicle, compared to 31 percent of injury crashes and 31 percent of property-damage-only crashes. [Crashes : 2005]
- More than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 23 percent of property-damage-only crashes occurred on these roads. [Crashes : 2005]
- 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 19 percent of all crashes, but they accounted for 44 percent of fatal crashes. [Crashes : 2005]
- Thirty-nine percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 75 percent involved alcohol. [Crashes : 2005]
- Nearly 6.2 million police-reported motor vehicle crashes occurred in the United States in 2004. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (38,253) resulting in a death. [Crashes : 2004]
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 2004, with 1,174 and 1,277 fatal crashes, respectively. [Crashes : 2004]
- Fifty-seven percent of fatal crashes involved only one vehicle, compared to 30 percent of injury crashes and 30 percent of property-damage-only crashes. [Crashes : 2004]
- More than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 24 percent of property-damage-only crashes occurred on these roads. [Crashes : 2004]
- Thirty-nine percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 76 percent involved alcohol. [Crashes : 2004]
Personal Injury Lawyers - Specialists in Auto & Truck Accident Cases P.O. Box 3552 Winchester, VA 22604
- More than 6.3 million police-reported motor vehicle crashes occurred in the United States in 2003. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (38,252) resulting in a death. [Crashes : 2003]
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 2003, with 1,228 and 1,208 fatal crashes, respectively. [Crashes : 2003]
- Fifty-seven percent of fatal crashes involved only one vehicle, compared to 30 percent of injury crashes and 31 percent of property-damage-only crashes. [Crashes : 2003]
- More than half of fatal crashes occurred on roads with posted speed limits of 55 mph or more, while only 25 percent of property-damage-only crashes occurred on these roads. [Crashes : 2003]
- 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 19 percent of all crashes, but they accounted for 44 percent of fatal crashes.
- Forty percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 77 percent involved alcohol. [Crashes : 2003]
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 2000, with 1,271 and 1,218 fatal crashes, respectively.
- Fifty-six percent of fatal crashes involved only one vehicle, compared to 30 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.
- Forty percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 77 percent involved alcohol.
- Nearly 6.3 million police-reported motor vehicle crashes occurred in the United States in 1999. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (37,043) resulting in a death. [Crashes : 1999]
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 1999, with 1,215 and 1,182 fatal crashes, respectively. [Crashes : 1999]
- 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 17 percent of all crashes, but they accounted for 41 percent of fatal crashes.
- 1999 Motor Vehicle Crash Data from FARS and GES Thirty-eight percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 75 percent involved alcohol.
- More than 6.3 million police-reported motor vehicle crashes occurred in the United States in 1998. Almost one-third of these crashes resulted in an injury, with less than 1 percent of total crashes (37,081) resulting in a death.
- Midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 1998, with 1,218 and 1,208 fatal crashes, respectively.
Personal Injury Lawyers - Specialists in Auto & Truck Accident Cases P.O. Box 3552 Winchester, VA 22604
- 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 23 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.
- Thirty-nine percent of fatal crashes involved alcohol. For fatal crashes occurring from midnight to 3 a.m., 76 percent involved alcohol.
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.
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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.
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Ethnographic analysis of traumatic brain injury patients in the national Model Systems database.
Burnett DM, Kolakowsky-Hayner SA, Slater D, Stringer A, Bushnik T, Zafonte R, Cifu DX.
Department of Physical Medicine and Rehabilitation, Virginia Commonwealth University, Medical College of Virginia, Richmond, VA, USA. DBurnett@rlshospital.org
OBJECTIVE: To compare demographics, injury characteristics, therapy service and intensity, and outcome in minority versus nonminority patients with traumatic brain injury (TBI). DESIGN: Retrospective analysis. SETTING: Twenty medical centers. PARTICIPANTS: Two thousand twenty patients (men, n=1,518; women, n=502; nonminority, n=1,168; minority, n=852) with TBI enrolled in the Traumatic Brain Injury Model Systems database. INTERVENTIONS: Not applicable. MAIN OUTCOMES MEASURES: Age, gender, marital status, education, employment status, injury severity (based on Glasgow Coma Scale [GCS] admission score, length of posttraumatic amnesia, duration of unconsciousness), intensity (hours) of therapy rendered, rehabilitation length of stay (LOS), rehabilitation charges, discharge disposition, postinjury employment status, FIM instrument change scores, and FIM efficiency scores. Independent sample t tests were used to analyze continuous variables; chi-square analyses were used to evaluate categorical data. RESULTS: Demographics: overall, minorities were found to be mostly young men who were single, unemployed, and less well educated, with a longer work week if employed when injured. Etiology: motor vehicle crashes (MVCs) predominated as the cause of injury for both groups; however, minorities were more likely to sustain injury from acts of violence and auto-versus-pedestrian crashes. Minorities also had higher GCS scores on admission and shorter LOS. Rehabilitation services: significant differences were found in the types and intensity of rehabilitation services provided; these included physical therapy, occupational therapy, and speech-language pathology, but not psychology. CONCLUSION: Minority patients who sustain TBI generally tend to be young men with less social responsibility. Although MVCs predominate as the primary etiology, acts of violence and auto-versus-pedestrian incidents are more common in the minority population. Minorities tend to have higher GCS scores at admission. Also, the type and intensity of rehabilitation services provided differed significantly for the various interdisciplinary subspecialties. Rehabilitation charges, discharge disposition, and postinjury employment status were similar for the 2 groups, even though LOS is typically 3 to 4 days shorter for the minority group. A more detailed investigation is warranted to explain these findings.
PMID: 12601659 [PubMed - indexed for MEDLINE]
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