Learn How You Can Help Prevent Traumatic Brain Injuries During Brain Injury Awareness Month

Christopher Guedri, Personal Injury Attorney

Author: P. Christopher Guedri, Personal Injury Attorney

For more than three decades, the Brain Injury Association of America (BIAA) has proudly led the nation in observing Brain Injury Awareness Month by conducting an engaging public awareness campaign in March of each year.

The theme for the 2018 to 2020 campaign is Change Your Mind.

The #ChangeYourMind campaign is meant to educate the public about brain injury and the needs of those who have been injured and the needs of their families. The BIAA actively strives to de-stigmatize brain injuries, empower survivors of brain injuries, and promote the support networks that are already in place for those suffering…

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Is it Illegal to Wear Headphones While Driving In Virginia?


Author: Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

In today’s tech-savvy world, drivers are using earbuds or headphones more frequently to listen to music while driving. While laws regulating these activities vary widely from state to state, obstructing your hearing while operating a motor vehicle could lead to a collision or injury.

What the Law Says

At last count, 32 of the 50 states have no statutes prohibiting headsets or earbuds for drivers.[1]  Virginia is not one of these 32 states.

Va. Code § 46.2-1078 provides that, “[t]t shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted…

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If I Have the Right of Way, Can I Be Sued for Waving Another Car to Go?

J. David “Dave” Douthit, Esq., Richmond, VA Personal Injury Trial Lawyer

 Author: J. David "Dave" Douthit, Richmond, VA Personal Injury Lawyer

Yes, you can. Drivers who have the right of way will often wave to other cars, indicating that they may proceed before them. There are circumstances in which a wave of this manner can subject a driver to tort liability - when a person unfairly causes someone else to suffer loss or harm.

The Virginia Supreme Court has adopted a principle from the Nolde Brothers v. Wray trial in 1980. In Nolde Brothers v. Wray, the Court stated: If a driver’s waving signal was or could be interpreted to another driver as a signal to proceed across lanes of incoming traffic then the driver who waves has to be certain the other driver…

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Three Ways Your Smart Watch Can Impact Your Legal Case

Danielle M. Bringard, Fredericksburg, VA Personal Injury Lawyer

Author: Danielle M. Bringard, Personal Injury Lawyer

You've probably noticed that the market for wearable technology like fitness trackers and smart watches is on the rise, but did you know that the data they collect is admissable in court?[1] 

Fitbit is a company that makes wearable devices which gather information about your health as your wear them; they track statistics such as steps, heart rate, and will even monitor your sleep.[2] In 2014, Fitbit had approximately 6.7 million paid/active users and sold 10.9 million devices.[3] While the health benefits for these devices are numerous, a few precautions must be shared when it comes to your personal injury case.

1. Wearables May…

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The Four Most Common Myths About Car Insurance in Virginia

R. Clayton Allen, Personal Injury Attorney

Author: R. Clayton Allen, Personal Injury Attorney

While talking to a client today about their auto insurance, I was reminded of a number of misconceptions and misunderstandings many people have about motor vehicle insurance. Here are the four of the most common:

Myth #1: The better known insurance companies offer better coverage, so it's safer to be with one of those.

The Virginia State Corporation Commission (SCC) Bureau of Insurance issues a form "family automobile insurance policy". (1) All consumer family auto insurance policies sold in Virginia must provide the coverage specified in the form policy. If a policy offers less, Virginia law provides that the policy…

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What Potential Dangers Lurk in E-Cigarettes and Vape Pens?

Derrick L. Walker, Richmond, VA  Personal Injury Attorney

Author: Derrick L. Walker, Personal Injury Attorney

Despite steadily declining smoking rates over the years, more and more Americans are trading in traditional tobacco products for electronic cigarettes. Because they are thought of as a safe alternative to regular cigarettes due to the absence of harmful secondhand smoke, e-cigarettes and the retailers selling them have become abundant. Proponents of e-cigarettes advertise them as helpful in “kicking the habit” for traditional smokers, but those who swap smoke for vapor may be trading one danger for another.

There are many reasons people may choose to use e-cigarettes, and that use has increased exponentially since they hit the market. According…

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The Challenges of Chain Reaction Collisions

David M. Irvine, Charlottesville Personal Injury Attorney

Author: David M. Irvine, Personal Injury Attorney

In our practice as personal injury attorneys, we regularly handle cases in which clients are entitled to recover damages after being struck from behind by another vehicle while lawfully stopped in the roadway. But what if you are hit from the rear, perhaps feeling multiple impacts, with two or more cars piled up behind from a “chain reaction” collision? How does the injured plaintiff determine which driver (or drivers) was negligent, and is therefore responsible for her injuries? 

Causes of Chain Reaction Collisions 

Chain reaction collisions can unfold in several different ways. An inattentive driver may fail to see a line of cars stopped…

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Run on the Left, Bike on the Right: Virginia’s Laws for Sharing the Road

Sandra S. Gregor, Personal Injury Attorney

Author: Sandra S. Gregor, Personal Injury Attorney

“Share the Road” – the slogan is on street signs and bumper stickers – it’s everywhere. But what does it mean?  It means all of us on the roads – cars, trucks, motorcycles, bikes and pedestrians – have to respect one another and respect the rules designed to keep us safe.

When we see this slogan we usually think about cars sharing the road with bicyclists and runners. There are laws governing both how motorists must drive with bicyclists and pedestrians on the roadways and how cyclists and pedestrians travel on Virginia’s roads.

Bicycle Basics

On highways, bicyclists are treated the same as motorists and thus have the same rights…

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Over the Counter Medications and Driving Can Be a Dangerous Combination

Bridget N. Long, Personal Injury Attorney

Author: Bridget N. Long, Personal Injury Attorney

Though many people think of impaired driving as the result of alcohol or illegal drug use, over the counter (OTC) medications can have side effects that dangerously affect your ability to safely drive a car in much the same way. 

Side effects such as drowsiness and disorientation are the most dangerous for drivers, and many common OTC medications warn of these side effects. You should always read all facts and warnings on the label of any medication you are taking and look for warnings if you know you will be driving. 

According to Ali Mohamadi, M.D., a medical officer at the Food and Drug Administration (FDA), “You can feel the…

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What Happens When Road Hazards Damage My Car or Cause a Crash?

R. Christopher Jones, Richmond, VA Personal Injury Attorney

Author: R. Christopher Jones, Personal Injury Attorney

Most drivers have experienced the cringe-worthy moment that occurs just after they’ve traveled over an undetected pothole and heard “THUMP!” 

Sudden hazards like potholes and road debris can cause serious (and expensive) harm to the tires and undercarriage, hindering the driver’s ability to control the vehicle.  Disabled vehicles, flooded roadways, and animals (dead or alive!) can also create situations that can lead to dangerous car accidents.

Here are some helpful things to know about road hazards and the possible damage they may cause to your car:

Create Clear Sightlines to Avoid Hazards and Debris

According to…

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