The Dangers of Trinity Guardrail End Terminals in Virginia

Scott D. Fitzgerald, Richmond, VA Personal Injury Attorney

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

On October 9, 2011, Adam Coster lost control of his vehicle on I-64 eastbound in Newport News.[1]  His car ran off the side of the road and struck a guardrail end terminal, which impaled him.[2]  Adam died at the scene.[3]  His family filed suit against the manufacturer of the guardrail end terminal, Trinity Industries.[4]  In the lawsuit, the Coster family alleges that the end terminal, called the ET-Plus, pierced through the vehicle and impaled Adam rather than sliding harmlessly off to the side, as it was designed to do.[5]  

Trinity Guardrail Lawsuits

Trinity ET-Plus end terminals have been the source of countless…

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What it Means to be an Allen - VIDEO

Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

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

I have always wanted to be a trial attorney at the Allen Law Firm. When I was a child, the reason was simple: I wanted to be like my grandfather. Over the years, I have only found more reasons, and my desire to be a trial lawyer at the Allen firm has not wavered.

As the first of the fourth generation of Allen family members to join the firm, I am proud to carry on the traditions and legacy that my grandfather, his two brothers, and his father began years ago.


Our Founder

My great-grandfather, George E. Allen, founded the firm in 1910 in Lunenburg County, Virginia as a solo practitioner. George E. Allen…

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Virginia General Assembly Passes New Law to Protect Cyclists

Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

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

In 2014, over 100 million Americans aged 3 and older rode a bicycle at least once. Cycling is considered to be the 7th most popular recreational activity in the U.S.[1] Unfortunately, 743 cyclists were killed and approximately 48,000 more were injured in crashes involving motor vehicles in the United States in 2013, figures which have steadily increased since 2010.[2] In Virginia alone, there were eight cyclist fatalities and 740 injuries in the same year.[3]

Cyclists have the same rights and responsibilities on Virginia roadways as motorists. Virginia law states, “[e]very person riding a bicycle on a highway shall be subject to…

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Class Action Lawsuit Alleges Design Flaw in Keyless Ignition Switches


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

In August of this year, a class action lawsuit was filed in federal court claiming that major automakers failed to install an essential safeguard in the keyless ignition switches of their vehicles.[1]  With keyless ignitions, which use a key fob rather than a traditional key with teeth, an electronic signal is sent to the vehicle to start the engine. The key fob must be in close proximity to the vehicle in order to send this electronic signal to start the vehicle, which is accomplished by pushing an On/Off button on the dash. 

The lawsuit alleges that manufacturers, despite possessing the knowledge and capability to do so, declined…

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What’s in a Name? Allen, Allen, Allen & Allen!

George E. Allen Sr.

Almost weekly, we receive questions about the firm’s name: Allen, Allen, Allen & Allen.

The name of the firm actually refers to the founders of the firm: George E. Allen, Sr. and his three sons, Wilbur Allen, Ashby Allen and George Allen, Jr. Founded in 1910, Allen, Allen, Allen & Allen is the oldest and largest personal injury law firms in Virginia.

Today the Firm’s 30+ attorneys include the 3rd and 4th generation of the Allen family in addition to personal injury attorneys and Partners who are not members of the Allen family. Because the family legacy lives on, the name remains today. While in conversation, “Allen & Allen” is used, the full name of “Allen, Allen, Allen & Allen” continues as a tribute to the…

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Headphones or Earbuds While Driving: Illegal in Virginia


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

In today’s tech savvy world, drivers are increasingly using earbuds or headphones to listen to music while driving. Some opt to use Bluetooth devices or other hands-free headsets behind the wheel. Laws regulating these activities vary widely from state to state.

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 bicycle, or moped…

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Do I Notify My Insurance Company After an Accident?

Scott D. Fitzgerald, Richmond Personal Injury Lawyer

Speaker: Scott D. Fitzgerald, Richmond, VA Personal Injury Attorney


It's normal to have many questions following a car accident. One of the first things you may be wondering is whether or not you should contact your insurance company. Perhaps you feel it's unnecessary to call your insurance company if the accident was not your fault because you are expecting the other drivers insurance company to accept responsibility.

In this short video attorney Scott Fitzgerald discusses why it's important for you to contact your insurance company after an accident, even if the accident was not your fault.

There are several types of coverage on your policy that may help you


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Alcohol Related Fatalities Are Rising in Virginia: Governor McAuliffe Launches Website "Virginia Faces of Drunk Driving" to Combat DUI

By: Scott D. Fitzgerald, Richmond, VA Personal Car Accident Attorney

In 2013, 741 individuals lost their lives on Virginia’s roadways. While shocking, this number constitutes a slight improvement over 2012, when 775 individuals died in crashes on the roads of the Commonwealth.  Unfortunately, 253 of those traffic deaths in 2013 resulted from driving under the influence of alcohol.  That figure represents a 10.48% increase over alcohol-related fatalities on Virginia’s roadways in 2012.  The increase in 2013 followed what had been a 5 year decline in alcohol related fatalities.[1

In an attempt to reduce this alarming trend, Governor Terry McAuliffe has rolled out the state’s newest campaign, a website…

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Faulty Guardrails: Intended to Protect the Public, Now Blamed for Injuries and Deaths Nationwide

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

On September 17, 2012, Melton Tucker fell asleep at the wheel on his commute to work on Highway 81, outside of Dallas, Texas.  His car drifted off the highway and collided with a guardrail.  His Chevrolet Cruze struck the beginning piece of a guardrail, otherwise known as an end terminal or guardrail head.  The guardrail came through the car and struck Tucker in the head, killing him instantly.[1] 

This accident and others like it have raised questions about the effectiveness of guardrail heads manufactured by Trinity Highway Products, based in Dallas.  The ET-Plus, designed by Trinity, is one of the most common guardrail end terminals…

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Faulty GM Ignition Switches Lead to at Least 13 Deaths

Scott D. Fitzgerald, Personal Injury Attorney, Richmond VA

Allen & Allen is currently investigating claims for people who were injured or killed in accidents involving GM vehicles that were recently recalled due to defective ignition switches. If you or a loved one were injured in an accident involving one of those vehicles, please contact us today for a free consultation at 866-388-1307.

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

As the fallout from GM’s recall of faulty ignition switches in Saturn Ions and Chevrolet Cobalts continues, details of the crashes linked to the faulty ignition switches that have killed 13 people have begun to emerge. 

Amy Rademaker, age 15, of St.…

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