Richmond Injury Lawyer Scott D. Fitzgerald

With gas prices remaining high, consumers are trading in  their automobiles in favor of gas-sipping scooters and mopeds, particularly in urban areas.  Scooter sales were up 17% in 2011, and moped sales have experienced a similar rise.[1] The number one reason first-time buyers cited for their purchase: to save money.  Mopeds and scooters average between 40 and 100 miles per gallon, which can save consumers hundreds of dollars a year in gas alone.

However, there is one major drawback: safety.  The National Highway Traffic Safety Administration (NHTSA) estimates that moped and scooter fatalities increased 50% from 2005 to 2009.[2] Scooters and mopeds are dangerous because there is little to no protection for riders in an accident.  Accidents at any significant speed often result in fatalities.  Furthermore, scooters and mopeds are involved in a lot of accidents because other drivers often have a hard time seeing them on the roadways, particularly at night.

There are several precautions you should take when riding your scooter or moped.  According to the NHTSA, around 40% of moped or scooter fatalities involved drivers or passengers who were not wearing a helmet at the time of the collision.  Helmets approved by the DOT, ANSI, or Snell are the safest choice, as they have hard outer shells with retention systems to protect from head and brain injury in a variety of impacts.

In addition to wearing a helmet, here are some general moped and scooter tips to keep you safe:

• Obey all traffic control devices and use proper hand signals.
• Always ride with the flow of traffic.
• Pay attention to the roadway, which may pose special dangers to you as a motorcycle or scooter driver, such as potholes, expansion joints on bridges, oil slicks in the middle of the lane (especially when rain begins), and crumbling edges of the roadway.
• Pass vehicles with extreme care, especially near intersections – turning vehicles may not see you.
• Be aware of motor vehicle blind spots.
• Maximize your visibility at night – wear reflective clothing and apply reflective tape to your moped or scooter.
• Always wear a DOT, ANSI, or Snell-approved helmet.
• If your helmet is not equipped with a face shield, wear goggles or glasses with plastic lenses to protect your eyes against insects, wind, dirt, rocks, or other airborne matter.
• Use extra caution at intersections, parking lot entrances and exits, and driveways.
• Always use your headlight, even during the daytime.
• Be aware that most scooters and mopeds stop quicker than standard vehicles. Make sure there is always enough space between you and the person following you.
• Familiarize yourself with the local laws regarding your vehicle.
• Finally, drive defensively: realize that other drivers are used to looking for larger vehicles and you may be “invisible” to them, so try to anticipate the actions of others on the roadway and assume they do not see you.

These vehicles require extra vigilance and defensive driving skills.  If you follow these safety guidelines and practice safe driving generally, however, you may enjoy many years of safe driving of your motorcycle, moped or scooter.

Paul D. Hux, Petersburg personal injury attorney

Author: Paul D. Hux, Petersburg Personal Injury Lawyer

What parents can do to help new drivers once they get their license?

As a Virgina personal injury attorney that has seen many terrible car accidents – and as the father of twin boys that recently received their licenses – I cannot help but be worried every time they get behind the wheel of a car.  I know they have both taken the driver’s education class in school, gone through “behind the wheel” training, completed the required amounts of driving during the day, at night, on the highway, and on back roads, but I know this is just the tip of the iceberg when it comes to the things they really need – continued education and experience.

As parents we must continue to do everything in our power to impress upon teen drivers that they are now participating in something that could have grave effects on themselves or others for the rest of their lives.  Your teen still believes they are “bullet proof” and does not truly understand the risks associated with driving.  They do not believe their decisions while on the road actually could bring about bad consequences.

So – what can we do ?

1. Lead By Example

We need to drive so that our teens can “model” our behavior.  That means to make sure we watch our speed; wear our seat belts; do not text or use our phones in an unsafe manner; keep safe following distances; obey traffic laws; don’t drink and drive; and don’t get upset due to other drivers or traffic conditions.

This may be the hardest thing for us parents to do because we are set in our ways – right or wrong.  But we must understand that we are teaching our kids that behavior  is “ok”  - when we know it really isn’t.

2. Continue To Educate

Every time you ride or drive with your teen, talk about what they are doing and why they are doing it.  Inquire into many areas of the trip: Which lane is the best for their purpose?  What are they looking for up the road that could be a potential hazard?  What kinds of things have they noticed other drivers do that have been dangerous?   Based on the current weather, should they be altering their driving behavior? In what way? Why?   I have found that if you are able to talk about anticipating things “coming up” as they travel, then teenage drivers are more prepared when they occur.   This method of teaching is a lot more positive and works a lot better than waiting until your teenage driver doesn’t react as you think they should, and then trying to direct or teach during the middle of the chaos.  Often the urgency of the situation at that point may cause you to raise your voice in a way that’s likely to just fluster and distract your teenage driver, instead of being the helpful learning experience that you really want.

3. Set Expectations Before Your Teenager Starts To Drive

Decide on what your “ground rules” are that you expect your teen driver to follow, and discuss these ground rules in advance.  Explain to your teenager that these rules must be followed if your teen plans on using your car.  Consider rules like: they must let you know where they are going; call you upon arrival and departure from any location; confirm passengers (if any – it is recommended they have as few as possible)[1]; no using a phone for any reason while driving (if you MUST, then you MUST pull off of the road)[2]; follow the traffic and speed limit signs; absolutely no alcohol use when driving; keep distractions from passengers and/or music at a minimum; and no aggressive or thrill-seeking behavior when behind the wheel.

AAA offers a website that provides wonderful information for all new drivers and their parents.  It includes a “Parent-Teen Driving Agreement” http://teendriving.aaa.com/VA/.  This is an agreement your teen will read and understand and sign BEFORE they drive.  They will also understand that the more tasks properly performed means more privileges, but the more rules that are not followed or are violated the more consequences they can expect.  Driving for most teens is a luxury and not a necessity, so if they cannot follow your rules, then this privilege must be taken away.

Parents must continue to be involved for the sake of the teen and the public.  We must do all we can to keep both safe.  Driving is something no one should ever be too relaxed about as bad things can happen in the blink of an eye.  Your teen should know you stayed involved in their driving because you care and because of how dangerous it is. You should emphasize that as maturity creates greater opportunities, those greater opportunities also carry greater responsibilities and greater risk of harm to themselves and others.  In driving as in everything else, actions have consequences; in driving, the consequences can be catastrophic and life-changing.

Richmond personal injury attorney Courtney Van Winkle

I will never forget driving down 64 West after a wonderful weekend at Virginia Beach with my family when suddenly my Ford Explorer became impossible to control. With much difficulty and a racing heart I was able to steer my vehicle off the highway. I did not have a cell phone with me as that was back in the days when I fought the idea of being that connected to the world, especially while on vacation.  My mind changed on that scary day. Cars whizzed by while I stood on the side of the road with 2 small children, a baby, and a shredded tire. I vowed never to be in that position again. Now I am armed with a smart phone and older kids that have their own phones with them but is that always enough to ensure our safety? Is a cell phone all we need in the car these days: a connection to the outside world?

Whether you are heading out on a long distance road trip to visit family over the holidays or just traveling around town, it is a good idea to carry an emergency roadside kit in your vehicle. We all know this is a smart thing to do, but do you actually have an emergency kit in your car? If you become stranded in a snowstorm or your automobile breaks down in a remote area, you will be relieved that you took the time to be prepared. Why compromise your safety?

It’s hard to imagine being stranded in your car in this day and time, but it does happen. Even if you have roadside assistance coverage it is of no use without a working phone or cell service. An unexpected automobile accident may damage your vehicle leaving you unable to drive.  A car wreck could also damage your phone or make you unable to retrieve it. Injuries could affect your ability to seek the help you need. Winter snowstorms may blow in and strand you on the highway as you are trying to get home.

You should always have some essential safety items packed in your car just in case. How do you know what you should include in your emergency car kit?  Start with the basics – food, water, and a blanket and then add other items that you might need, such as an emergency light, first aid items, and other accessories. Try to have enough supplies to accommodate all the members of your family or those traveling with you.  Also, if you have an infant or young child, you will want to make sure you have extra diapers, formula or any other supplies you might need to care for your child.

You can buy a pre-packed car emergency kit from many places, but you may want to add a few extra items of your own to customize your emergency kit. Here is a list of suggested items:

EMERGENCY CAR KIT[1]

• First aid kit
• Flashlight
• Emergency candles and water-proof matches
• Food – energy bars or any food/snack that will not spoil
• Water – in plastic bottles (replace every 4 – 6 months)
• Prescription medicines
• Blanket
• Whistle – in case you need to attract attention
• Road maps
• Tow rope
• Seat belt cutter
• Jumper cables
• Fire extinguisher
• Road flares
• Light sticks
• Small shovel and ice scraper
• Pocket knife or multi-purpose tool
• Gloves
• Rain poncho
• Duct tape

Keep everything together in a duffel bag or backpack so it fits easily under a seat or in your trunk. This may seem like a lot of items, but the more prepared you are, the better you will be able to handle whatever arises.

Not only will I never forget how frightened I felt that night on the side of 64, I will never forget the elderly gentleman in the baseball cap who pulled over to help. He also did not have a cell phone but he took my AAA card and went to a pay phone and called them. He then came back and waited with me and helped with the kids until help arrived.  At least now I could offer him a bottle of water and a Zone Bar while we wait (after putting out the proper flares of course!)

Fredericksburg Claims Consultant Chris Cloude

In the next couple of months we will have overnight freezing temperatures, sleet, freezing rain and maybe even some snow.  To make sure we arrive safely at our destination, we must alter our driving for these conditions.  Below are some driving tips for the winter season.

TEN TIPS FOR SAFE WINTER DRIVING:

1.  STAY HOME:

Don’t drive if you don’t have to – the safest place for us to be during a snowstorm or ice storm is at home.  During inclement weather, don’t take to the roads unless it is absolutely necessary.

2.  PREPARE:

Make sure your car is ready for the winter.  Clear all of the snow and/or ice from your windows so there is none obstructing your vision.  Make sure your tires are in good condition.  Make sure your engine fluids and gas tank are full.

3.  SLOW FOR CAUTION:

Drive more slowly.  Posted speed limits are for ideal weather conditions.  Reduce your driving speed for the conditions.  Your vehicle will not stop quickly when the roads are covered with snow or ice.

4.  GET BACK:

Allow greater following distances during winter weather conditions.  Your vehicle will require more distance to stop so you should allow more distance between vehicles.

5.  SEE AND BE SEEN:

Turn on your lights.  Driving with your lights on increases your ability to see and increases your visibility to other motorists.

6.  USE YOUR BRAKES CORRECTLY:

If your vehicle was made after 1994, very likely  it is equipped with anti-lock brakes or ABS.  It is important that you check your vehicle to see if you have ABS.  If so, DO NOT pump your brakes as it could cause you to loose control.  If you do not have ABS you should pump the brakes to prevent the brakes from locking completely.

7.  STAY IN CONTROL:

If you have a rear wheel drive vehicle, to control a skid, you need take your foot off the accelerator pedal and counter steer until your vehicle is heading in the correct direction.  If you have a front wheel drive vehicle, to control a skid, you also need to remove your foot from the accelerator pedal until you feel the tires regain traction.  As traction returns, slowly turn the front wheels in the direction you want to go.

8.  A WET ROAD MAY MEAN ICE:

Be aware of black ice.  When moisture freezes on a roadway, it may just appear wet.  As a result, black ice is often not visible.  However, by paying attention to your surroundings you can predict were black ice may form.  Black ice will form on roads around lakes, rivers, tunnels, overpasses, and rural roads that may not be exposed to direct sunlight.  If you suspect you may be entering an area of the roadway that may be covered with black ice, slow your vehicle down and be prepared to control your skid.

9.  WEATHER CHANGES EVERYTHING:

Be aware that everything you do in your car will be affected by the conditions.  The most important thing to remember is to slow down.  Turn slowly, move slowly and brake slowly.

10.  EXPECT THE UNEXPECTED:

Carry an emergency kit in your car.  If the worst happens and you are stranded, you need to make sure you have the necessary items in your car.  For example, you should carry a First Aid kit, blankets, shovel, bag of sand, flashlight with extra batteries, extra warm clothing, and a cell phone or CB radio.

If you follow these tips, you should have a safe and enjoyable winter driving season.  And don’t forget – watch out for other drivers who may not be as conscientious or prepared as you are.

About the Author: Chris Cloude is a claims consultant with the Fredericksburg injury lawyers of Allen & Allen. Chris works with Fredericksburg car accident lawyer Edward Allen to assist clients with their car accident injury claims in Stafford, Garrisonville, Fredericksburg and the surrounding areas.

Fredericksburg Car Accident Lawyer Kathleen Llewellyn-Duncan

Author: Attorney Kathleen Llewellyn-Duncan

Winter weather not only makes special demands on you when driving, but also on your vehicle.  To avoid problems this winter, be prepared.  The following tips can help you avoid an unpleasant or even dangerous situation this winter.

1. Get your oil checked.

Make sure you take your car in for a full oil change before the really cold weather approaches.  When the air gets colder, it gets thicker.  Thicker oil will not circulate as well, and may make it harder to start your engine.   Be sure to check your manual, because you might need to change to an oil with less viscosity (a thinner oil than you would use in summer time).[1] For instance, some vehicle manufacturers recommend 10w-40 in the summer and 5w-30 in the winter.[2]

2. Check your windshield and wiper blades, and replace if necessary.

If your windshield has a little crack or chip, you’ll want to get it fixed. Freezing temperatures cause those damaged places to become worse; cracks can widen and a hole may open up suddenly.  You don’t want that to happen in the middle of a snow storm or at night on a highway.   Make sure your wiper blades are in good condition to be able to clear the snow or slush so you have good visibility. Be sure to keep your windshield wiper fluid filled.  As we get snow and chemicals are spread on the roads, the contaminants build up.  You’ll want to be sure to keep your windshield clear of any residue that could affect your vision.

3.  Check the battery.

“The chemical reactions inside of batteries take place more slowly when the battery is cold, so the battery produces fewer electrons. The starter motor therefore has less energy to work with when it tries to start the engine, and this causes the engine to crank slowly.”[3] Clear any corrosion that has built up on the battery ports or connections.  If your battery is older, you may want a certified mechanic check to be sure it will maintain a charge.  Some batteries need fluid added.

4.  Check your radiator and radiator fluid.

The antifreeze in your car radiator serves three main functions: heat transfer, corrosion protection, and freeze-boil protection.[4] Typically, antifreeze should be close to a 50% mixture between water and antifreeze.[5] Your owner’s manual will show you how to check the radiator fluid level, and you can get an inexpensive coolant mixture tester kit at most auto repair stores to see if you have the right mix.  (Oftentimes adding water in the summer when the radiator overflows or water evaporates can lead to a mixture that has too little antifreeze to properly protect your engine from cold in the winter.)

5.  Check your tire tread depth and tire pressure.

Excessive wear resulting in inadequate tire tread depth can cause tires to lose traction and slide more easily on wet, snowy or icy roads. Virginia law states that tires must have at least 2/32’s of an inch of tread, and must not have worn through to tread wear indicators, if the tires have such indicators.[6] “Higher temperatures in the summer cause the air in your tires to expand, and the pressure rises; as air temperatures cool in the fall and winter, the air contracts and the pressure falls.  A tire that was properly inflated for the summer will probably be underinflated in the winter.  Experts estimate that every time the outside temperature drops ten degrees, the air pressure inside your tires goes down about one or two PSI. Tires also lose air normally through the process of permeation. Under-inflated tires can cause a car to react more slowly to steering. Drivers should check their tire pressures frequently during cold weather, adding enough air to keep them at recommended levels of inflation at all times.”[7]

Winter weather requires foresight and preparation from a driver, as well as more attention and focus.  Check your vehicle as indicated above, and concentrate on your driving.  Hang up the cell phone and pay attention to your driving, so we can all get where we are going safely.

Author: Gayle C. Bragg

Gayle Bragg

You’ve got your eye on a new vehicle because it’s sporty or maybe luxurious. How safe is that vehicle that you will be making payments on for several years? Will it protect you and your family if you are involved in an automobile crash? If you are searching for a new car it might be worth your time to review information on website of the Insurance Institute of Highway Safety (IIHS).[1]

IIHS rates crashworthiness or how well a vehicle protects its occupants in a crash. “The Institute rates vehicles as good, acceptable, marginal and poor based on performance in high speed front and side crash test, a rollover test, plus evaluations of seat/head restraints for protection against neck injuries in rear end impacts. To earn Top Safety Pick for 2011, a vehicle must have good ratings in all four Institute tests.”[2] We have probably all seen these tests on shows like Dateline and 60 Minutes. The violent car crash as portrayed on film clips may seem like a waste of a good vehicle, however these tests have caused manufacturers to create new technology to protect passengers and save lives.  Having visited IIHS numerous times, I find the technology used there to be  amazing.  As soon as the vehicle is crashed, computers are hooked up to the “crash dummies” to download information and determine what forces they were subjected to, what their injuries would be, would a person likely have survived the crash, and so on. IIHS says that “The dummies mimic the movement of humans in real crashes and record the forces that would be inflicted on the body. Each dummy has 25 to 40 sensors to record forces on head, chest, abdomen, legs and other body parts”.

According to the Institute “all vehicles have basic features to reduce crash likelihood; lights so other motorists can see you, brakes to stop, etc.” Some new features, including alerts if you stray from your lane or get too close to a car in front of you, have not been scientifically evaluated yet.  Electronic stability control seems to be an effective new technology.  Electronic stability control is an extension of antilock brake technology that “helps drivers maintain control in the worst situation; loss of control at high speed. These systems engage automatically to help bring a vehicle back in the intended line of travel”.

Electronic stability control lowers the risk of fatal single-vehicle crash by about half; it lowers the risk of a fatal rollover crash by as much as 80 percent, according to IIHS. You can go to an IIHS website to determine if a vehicle you are considering has electronic stability control.[3]

When you are out there shopping for a vehicle, make sure the vehicle doesn’t just catch your eye because of its looks; take the time to make sure the vehicle is safe for you and your family.

A few of the Institute’s Top Safety Picks for 2011:[4]

LARGE CARS

• Buick LaCrosse
• Cadillac CTS
• Dodge Charger
• Ford Taurus
• Hyundai Genesis
• Mercedes E Class Sedan and Coupe

MIDSIZE CARS

• Audi A3
• Chevrolet Malibu
• Ford Fusion
• Hyundai Sonata
• Kia Optima
• Volkswagon Jetta Sedan

SMALL CARS

• Honda Civic
• Mitsubishi Lancer
• Nissan Cube
• Scion TC
• Subaru Impreza
• Toyota Corolla

About the Author: Gayle Bragg is a claims consultant for the Charlottesville personal injury law firm of Allen, Allen, Allen & Allen. Working under the supervision of a Charlottesville car accident lawyer, Gayle helps victims with their injury cases. Locally, Gayle is involved in the Charlottesville Regional Chamber of Commerce and the Community Children’s Dental Center in Charlottesville.

Richmond Injury Lawyer Jason W. Konvicka

Author: Attorney Jason W. Konvicka

Halloween can be a magical time of year for children.  Costumes, trick or treating, parties, and, of course, eating candy are all part of the fun of Halloween.  But the excitement of the night can cause children and adults to be less careful.  The following are a few tips for making Halloween fun and safe for your children:

Costumes

1)    Purchase flame resistant costumes.  Look for the label “Flame Resistant.”  Although this does not mean that the item will not catch fire, it does indicate that the item should resist burning.

2)    Make sure that costumes are visible, particularly outside in the dark.  Purchase costumes that are light colored or bright enough to be visible by motorists.  In addition, decorate the costume with reflective stickers or reflective tape.

3)    Children should wear comfortable, well-fitting shoes.  Likewise, costumes should fit well, be comfortable, and be short enough to prevent children from tripping and falling.  Falls are the leading cause of unintentional injuries on Halloween.

4)    Swords, knives, and similar accessories should be soft and flexible.

5)    Weapons should be clearly identifiable as being a toy.

6)    Any masks should be checked to ensure that your child can breathe and see clearly.  Consider applying a “natural” mask of cosmetics instead.

7)    Always test make-up first to make sure that it will not irritate your child’s skin.  Avoid applying make-up close to eyes.  Remove any make-up before bed.

Trick or Treating

1)    Young children should be accompanied by an adult.

2)    Walk on sidewalks or the edge of the road – not out in the street.

3)    Avoid walking across lawns where holes and other unseen hazards can cause injury.

4)    To easily see and be seen, children and adults should carry flashlights.  Bring extra batteries, too.

5)    Children should only approach homes where the residents are known and expecting Halloween visitors.  Illuminated lights, decorations, and Jack-O-Lanterns are a good sign.

6)    Children should never enter a home unless they are accompanied by a trusted adult.

7)    Never walk near lit candles.

8)    Walk, don’t run.

9)    Attach a slip of paper with your child’s name, address and phone number inside their costume in case they get separated from the group.

Treats

1)    Tell your child not to eat any treats until they return home.

2)    Insist that all treats be examined by an adult for signs of tampering before anything is eaten.

3)    When in doubt, throw it out.

4)    Encourage your child to eat dinner before they trick or treat.

Hopefully, following these tips will make Halloween fun, healthy and safe for everyone in your family.

About Jason W. Konvicka: Jason W. Konvicka is an attorney experienced in handling wrongful death cases. He is a member of the Allen, Allen, Allen & Allen medical malpractice team. He also represents persons severely injured through the use of defective drugs and medical devices. Jason has achieved impressive verdicts and settlements for clients in wrongful death, traumatic brain injury, and tractor trailer accident cases. Mr. Konvicka is AV rated by Martindale-Hubble and is listed in Best Lawyers in America. He is a Certified Civil Trial Advocate by the National Board of Trial Advocacy and he has successfully argued before the Virginia Supreme Court and the Fourth Circuit Court of Appeals.

Egena Younger

Author: Egena Younger

Hurricane season in the Atlantic lasts from June 1 to November 30, which includes all of our summer months, when we are normally focusing on vacationing and finding activities to keep our children busy while they are out of school.  However, that period is also a time to focus on hurricane preparedness.  To avoid the stress of a chaotic rush to  purchase batteries, water, generators, etc., consider completing a few simple tasks that will help you feel somewhat more relaxed during the time of a natural disaster[1].  The following tips are the advice of the experts on how to be prepared:

1. Store water that is specifically set aside for emergency use, along with canned and other foods that do not require refrigeration.
2. Keep passports, birth records, identification records, a credit card, and some cash in a safe, waterproof place that is easily accessible to grab and take with you if necessary.
3. Have the address of your closest two shelters and have alternate routes identified, in case of delays due to trees down, heavy traffic, flooding, or other obstacles.
4. If you have pets, make a list of nearby emergency shelters that allow animals, and have pet food stored in a waterproof container.  Also, be sure your pet has a collar and you have all immunization records.
5. Keep a waterproof bag for all medications and phone numbers for your pharmacy for refilling prescriptions for each family member.  Include a list of food and medicine allergies that any of your family members may have.
6. Try to keep a battery-operated radio or battery-operated television in your emergency kit. Also, keep at least 2 flashlights and extra batteries.
7. Identify any special needs for you or your family members, and have an extra waterproof bag for those items.
8. Have your cell phone charged and easily accessible and be sure to have a car and electrical charger with you at all times, but in a waterproof bag.  Your cell phone could possibly be your only form of contact. (Remember, sometimes when a cell phone will not work or you can’t get through, you can still send a text message.)
9. A generator is a great option that has become more affordable over the last few years.  Investing in a generator could save hundreds of dollars of lost food.  If you have one, do a practice run, so you will know how to use it before the time comes when you NEED to use it.  (Most generators are not sufficiently large to operate an entire household, so learn how to cut off appliances you will not be using).
10. Try to be mindful of others.  Everyone is stressed during a challenging time and your concerns are likely the same concerns that others are experiencing.  Working against your fellow man, only heightens the stress.  Lend a helping hand and be a part of the solution.

Most importantly, try to keep a level head and always focus on the fact that items can be replaced but people cannot.

We all hope we never have to deal with a catastrophe or have to vacate our homes due to a disaster, but being prepared allows a level of comfort if you are faced with an emergency situation.[2]

Mechanicsville Accident Lawyer

Author: Attorney Christopher A. Meyer

A recent Virginia Supreme Court case highlights a deceptively dangerous obstacle on many of Virginia’s waterways: the low head dam.  A low head dam is simply a dam that goes all the way across a river and is designed so water flows over the top of the dam, rather than around it or through a hole in the dam.  Generally low head dams are not very high, often just a few feet, and are designed to create a pool of water behind the dam for  irrigation or to create a flow for a waterwheel.  Many of these dams were constructed a century or more ago but are still in existence today.

These dams look quite innocent.  Usually upstream there is a placid pool of water and over the dam flows a lovely stream of water creating some attractive boiling action near the downstream side of the dam.  However, this harmless appearance is quite deceptive.  Low head dams are so dangerous that they are often called drowning machines.[1] Many of these dams have a drop or waterfall of less than 10 feet, so they don’t seem large enough to be dangerous.

The reason for the danger is the circular motion of the water near the dam.  When the water flow is strong, it flows over the dam with force.  The water crosses over the top of the dam and then falls to the bottom on the downstream side where it strikes the bottom and is deflected back up towards the dam.  As the water nears the surface it curls back away from the dam face in a circular motion as it encounters the flow over the dam and is pulled to the bottom again.  This forms a continuous circle of water, called a hydraulic, from which even the strongest swimmers often cannot escape.  They are circulated up and down until they drown.  One of the things that makes the hydraulic even more dangerous is that the water flowing over the dam and entering the hydraulic becomes aerated or filled with air.  Surprisingly, aerated water is actually less buoyant and thus harder to float or swim in.

The danger associated with the hydraulic below a low head dam is often increased by the time of year.  Hydraulics are usually stronger when the flow of water is heavier; this most often occurs in the spring.  At that time of year, the water is colder than in the summer or fall.   With the lower temperature, Hypothermia quickly saps the strength of even the strongest swimmer in these circumstances.

A recent Virginia Supreme Court case, Volpe v. City of Lexington, 2011 Va. Lexis 80 (April 21, 2011)[2] cited such a tragic incident.  The plaintiff was a young man and he decided to go swimming in a park in the City of Lexington on the Maury River.  He had often gone swimming there and swimming was one of the recreational aspects for which the park was intended.  However, about 85 feet down river from the place where swimmers were to enter the water, and where this young man entered the water, was a low head dam.  There were apparently no signs warning of the dangers of a low head dam.  The young man had often swum there and had even played on the dam and jumped over it when water levels were low.  On this day, however, water levels were high.  Unfortunately one of the deceptive problems of low head dams is that the water above the dam can appear relatively calm and placid even with a very high flow.  The young man was swept over the dam into a hydraulic and drowned.

The parents filed suit alleging that the City of Lexington had a duty to warn of the dangers or otherwise make the low head dam less dangerous, and that the City was negligent for not doing so.  Under Virginia law, however, a city is immune from being held responsible for most acts of negligence.   In order for the city to be liable, a plaintiff normally must prove not just simple or ordinary negligence by the city, but the much higher standard of gross negligence.[3] At the conclusion of the trial, the jury couldn’t reach a decision, so the trial court finally took the issue away from the jury and decided against the plaintiff’s estate.  The Virginia Supreme Court decided that the trial court erred, reversed the trial court’s decision, and sent the case back for a new trial with a new jury.

The tragic lesson of the case remains: Be careful of low head dams.  There are many such dams in Virginia.  Bosher’s Dam, with which those of us who live in Richmond are well familiar, is such a low head dam and many people have drowned there despite numerous warning signs posted near the dam.  Further along the James River, just in the Richmond area, are several more low head dams or structures causing hydraulics: Williams Dam, including the “Z” Dam; Grant’s Dam; the pipeline shelves, and Belle Isle

Dams.[4] Before boating or swimming in an unfamiliar waterway, check with the locals or review charts to determine if there are any low head dams on the route and, if encountered, portage around them or stay well clear of them.  One of the dangers of low head dams is that from the upstream side they can appear only as a flat line on the horizon and thus are not easily spotted from upstream.  Look also for the concrete abutments on the side of the river that most low head dams have.

Generally stay away from low head dams if swimming or boating, especially in high water conditions.  As discussed above, many people have drowned in the hydraulics on the downstream side of such dams and they are deceivingly dangerous.

About the Author: Chris Meyer is a car accident lawyer in Mechanicsville Virginia with Allen & Allen. Mr. Meyer helps car accident victims in Mechanicsville, Hanover and Ashland recover damages from their injuries. He has developed a reputation on the Virginia Rules of Professional Conduct and annually lectures on Virginia Legal Ethics. He also lectures regularly on recent decisions of the Virginia Supreme court.

Fredericksburg Personal Injury Attorney Kathleen Llewellyn-Duncan

Author:  Attorney Kathleen Llewellyn-Duncan

Did you know Virginia State Law requires you to follow rules each time you go for a walk? Certain laws – for instance, not stepping into the middle of a highway – appeal to common sense.  However, rules like Virginia Law Code 46.2-928 – that requires pedestrians to walk on the sidewalk if one is available – may be less obvious.

Pedestrian regulations apply to the use of sidewalks, crosswalks, roadways, and highways.  Pedestrians have the right of way on sidewalks, and are required to walk on them instead of the roadway when a sidewalk is available.  If there is no sidewalk, stay to the far left, either facing oncoming traffic or on the shoulder if it is wide enough to provide safe passage.[1]

Virginia law requires that pedestrians use crosswalks if they are available. Often, crosswalks are easy to identify because they are marked or painted in the street. Unmarked crosswalks, however – defined as occurring anywhere sidewalks meet and streets intersect – are less easily identifiable.  Be on the lookout for these less obvious crosswalks, as pedestrians are required to use them in the same way as marked crosswalks.[2]

Motor vehicles must yield to pedestrians in a crosswalk, whether the crosswalk is marked or not. . Keep in mind, however, that the law prohibits pedestrians from “carelessly or maliciously” interfering with the orderly passage of vehicles.[3] Pedestrians are also responsible for paying attention at crosswalks, as well as obeying the “Walk” and “Don’t Walk” warnings when there are pedestrian control signals.[4]

As a pedestrian, the law[5] also prohibits you from stepping into a highway where you cannot be seen:

No pedestrian shall step into a highway open to moving vehicular traffic at any point between intersections where his presence would be obscured from the vision of drivers of approaching vehicles by a vehicle or other obstruction at the curb or side. The foregoing prohibition shall not apply to a pedestrian stepping into a highway to board a bus or to enter a safety zone, in which event he shall cross the highway only at right angles.

Always remember to plan your walks well and to take breaks. Don’t try to hitchhike or catch a ride, because pedestrians are never permitted to stand or stop in a roadway for the purpose of soliciting transportation.[6] Don’t just be a good defensive driver – be a good defensive pedestrian as well.  Be careful, be safe, and walk your way to a healthy, happy summer!

About the Author: Kathleen is a Fredericksburg personal injury attorney. She handles all types of personal injury cases including car accidents and pedestrian accidents in Fredericksburg, Garrisonville and the surrounding areas.