Asleep at the Wheel: The Facts About Fatigued Driving

Author: Christopher J. Toepp - Fredericksburg Personal Injury Lawyer

We live in a fast-paced world. Whether it’s working overtime, staying up late to finish a project or socializing with friends, studies suggest that long days and restless nights are common for most of us. The National Sleep Foundation (“NSF”) estimates that millions of Americans suffer from “self-imposed sleep deprivation.”[1] Everyone knows that sleep-deprived drivers create serious and potentially deadly car accidents on America’s roadways. A lesser known fact is that fatigued driving has reached almost epidemic proportions in today’s society.

The NSF survey reveals that 36 percent of Americans drive drowsy or fall asleep behind…

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Buying Motor Vehicle Insurance: Who Are the Best Car Insurance Companies?

Author: David M. Williams, Jr., Stafford Personal Injury Attorney

As a personal injury trial lawyer, I battle with insurance companies on a daily basis – both inside and outside of the courtroom. In today’s society, many view the insurance industry as employing a strategy to “deny, delay and defend” claims in an effort to put their profits first and policyholders / claimants second. People need to remember that insurance companies are not in business to pay claims… they are in business to collect your premiums every month.

Given the increasing problems my clients encounter with insurance companies, I am frequently asked the simple question: “Who is the best insurance company for my car?” Although…

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Federal Court: Jurisdiction and Venue Defined

Author: Melinda H. South

In filing a lawsuit, an attorney must consider both jurisdiction and venue to determine in which court a case can be filed and in which court a case should be filed. “Jurisdiction” means that a court has the power to exercise authority over all persons and things within its territory. To properly file a lawsuit, you must file the lawsuit in a court that has jurisdiction. “Venue” is the geographical location of a particular court. To properly file a lawsuit, you must file the case in an appropriate venue.

There are two ways a lawsuit may end up in federal court. First, a case may be filed in the federal court directly. Second, although a plaintiff files a case in state court,…

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UNINSURED MOTORIST COVERAGE IN THE WAKE OF A HIT AND RUN: A Touch of Relief in the Wake of Tragedy

By: Christopher J. Toepp, Fredericksburg Personal Injury Attorney

On Saturday May 11, 2013 – the day before Mother’s Day – news reports in Richmond, VA and Chesterfield, VA detailed two unrelated accidents involving hit-and-run drivers. Will Bagby and Jonathan Clark were severely injured when a tractor trailer struck their bicycles as they were riding on the side of the road.[1] Elizabeth West, a 19 year old girl, was tragically killed as she was walking across an intersection near her home.[2] Both drivers – unidentified at the time of this writing – fled the scene of the accidents.

As families across the country prepared to honor their mothers and grandmothers with a day of celebration, my thoughts…

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Brain Injury Statistics: Infographic

Author: Courtney Allen Van Winkle, Richmond Personal Injury Attorney

Every 21 seconds someone in the United States sustains a brain injury. This often results in a litany of difficult choices and medical treatments for the injured and their family. Brain injuries are among the most devastating and traumatic afflictions one can suffer. They are caused by a wide variety of factors and present with a massive array of symptoms and conditions that experts are still struggling to understand. Often, brain injuries are permanent; requiring a lifetime of treatment and care.

Even a minor brain injury has the potential to seriously impact the victim’s life. Possible symptoms include personality changes, inability…

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New Trial Attorney Sandra S. Gregor Joins The Allen Law Firm in Fredericksburg, VA

The personal injury law firm of Allen, Allen, Allen & Allen is pleased to announce that Sandra S. Gregor has joined the firm as a Trial Attorney in the Fredericksburg, Virginia Office.

Sandy is an experienced litigator whose practice is dedicated to standing up for the rights of clients who have been seriously injured through no fault of their own. Prior to joining Allen & Allen, Sandy practiced law with a Richmond insurance defense firm where she gained valuable knowledge of how insurance companies and their attorneys evaluate claims and handle cases. Sandy graduated magna cum laude from Mary Washington College in Fredericksburg, Virginia and then obtained a graduate degree in social work from Virginia…

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General District Court: An Overview for the Personal Injury Trial Lawyer

David M. Williams, Jr., Stafford Personal Injury Attorney

Author: David M. Williams, Jr., Fredericksburg Personal Injury Attorney

Trying personal injury cases in the general district court has become more attractive and fun over the past five years thanks to two significant changes fought for by the Virginia Trial Lawyers Association.

The first significant change was the repeal of the removal statute. In “the old days”, defense lawyers routinely relied on Virginia Code §16.1-92 to remove cases to circuit court where the amount sued for was greater than $4,500.00. That statute was repealed in 2007 and removal was abolished. 1 The second significant change came in 2011 when the jurisdictional limit of the general district court was increased from…

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Motor Vehicle Crashes: Be Sure to Keep the “Exchange of Information” Form from a Non-Reportable Accident

R. Clayton Allen, Mechanicsville, VA Personal Injury Lawyer

Author: R. Clayton Allen, Mechanicsville, VA Personal Injury Lawyer

In Virginia, a law enforcement officer is required to complete a Police Crash Report (Form FR300P)[1] only if there is a complaint of injury, or if the total property damage exceeds $1,500.00.[2] The officer is required to file a copy of their report with the Virginia DMV within 24 hours of completing his or her investigation.[3] When you are involved in a relatively minor automobile accident with property damage to the vehicles estimated at less than $1,500 and there are no injuries reported at the scene, the officer will most likely designate your accident as “non reportable”. When that happens, rather than complete the Police Crash…

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Alternative Dispute Resolution for a Personal Injury Case: Mediation and Arbitration

Author: J. David Douthit, Richmond Personal Injury Lawyer

As the name suggests, alternative dispute resolution (ADR) provides an alternative means of resolving legal disputes, including personal injury cases, other than a trial. The principal forms of ADR are mediation and arbitration. There are similarities and differences between mediation and arbitration. Each is appropriate in different circumstances.

The two methods are similar in that both involve the use of a neutral third party, typically a lawyer or a retired judge. Usually the parties select the mediator or arbitrator by agreement and split the cost of the mediator or arbitrator. Most mediators or arbitrators charge by the hour, although…

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New Texting Laws in Virginia: July 1, 2013

Save It 4 L8r: Virginia Cracking Down on Texting Behind the Wheel

Author: Courtney Allen Van Winkle, Virginia Personal Injury Attorney

As a parent of three young drivers with another not far behind I was thrilled to hear about the recent amendment to Virginia’s anti-texting and driving laws. Proposed by the governor and passed with strong Democratic support, this new law upgrades texting while driving to a primary offense and increases the fines for violators. This allows police to effect a stop on any driver they observe texting, whereas previously a texting ticket required the officer to observe another offense in order to pull the driver over. Furthermore, the fine for texting while driving skyrocketed…

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