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 Claims Consultant Chris Cloude

Author: Claims Consultant Chris B. Cloude

This is a question I get from just about every client I assist at some point during their personal injury case.   Until a case is ripe for settlement, this question is impossible to answer.  To understand why this is true, it’s helpful to understand the general process we go through to determine the value of a case.

Although we are roughly tracking the value of a case throughout a client’s medical treatment, this is usually a very rough estimate until the client has been discharged from their care by a doctor. [1] After a client has been released by their doctor, we obtain the final office note and bill from the doctor.  Then I review the entire file with the attorney who is working on the case with me.  We consider many factors concerning the liability and damages aspects of the case.  We review the following, if available, about how the injury occurred and who might be responsible: the facts of the accident, the police report, police officer interviews, witness interviews,  photographs of the vehicles, vehicle repairs bills or estimates, the likely nature and force of any impact, the photographs of the scene, information about the defendant or defendants, information about the plaintiff, traffic court records and any other information available.  Regarding damages, we review the medical records, medical bills, prescription receipts, photographs of injuries, medical research, employment information and any calculation of lost earnings or income, effect of injuries on activities and any limitations, prior medical history and records, whether there are any permanent or residual injuries or limitations, any injury or surgical scarring, and any other information available.  We also consider whether the case will be tried before a judge or a jury, and where the case can or will be tried.[2]

The trial lawyer and I sit down and go through all of the evidence we have to present on the client’s behalf.  We consider what defenses the attorney for the insurance company will have for the other side.  We then estimate what we feel a jury, or a judge, would be likely to return as a verdict.  Usually we arrive at a range of the likely verdict, and within that range, the most likely verdict.  That figure becomes the starting place for determining value for negotiations.

The process to reach a final value is lengthy and complex.  However, our comprehensive approach rewards our clients’ patience by allowing us to provide them with the best result we feel we can achieve.

About the Author: Chris Cloude is a claims consultant with the Fredericksburg injury attorneys of Allen, Allen, Allen & Allen. Working with Fredericksburg car accident lawyer Edward Allen, Chris maintains a strong record of successfully assisting clients with their car accident injury claims.

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.

Fredericksburg personal injury lawyer David M. Williams, Jr.

On September 19, 2011, Virginia Governor Bob McDonnell announced that the Federal Highway Administration (FHWA) has authorized the Virginia Department of Transportation (VDOT) to move forward with the Governor’s plan to toll I-95.  Although there are a number of turnpikes, and other roads, that charge motorists, the interstate system has been largely free of tolls since its birth.  This has left many Virginians asking how? … why? … where? … and when?… can I-95 be tolled.

HOW?

The Transportation Equity Act for the 21^st Century (TEA-21) is federal legislation governing transportation programs for highways, highway safety and transit.  TEA-21 includes the Interstate Reconstruction and Rehabilitation Pilot Program that allows up to three existing U.S. Interstate facilities to qualify for tolling to fund needed reconstruction on Interstate highway corridors that could not otherwise be adequately maintained or improved without toll collection.  The three “slots” for this program must be maintained in different states.

Secretary of Transportation Sean T. Connaughton, at the request of Governor McDonnell, submitted Virginia’s proposal to toll I-95 in April 2010.  VDOT followed by submitting a formal expression of interest in January 2011.  Now, Virginia is looking to join Missouri in planning to charge drivers for the use of an existing interstate.

WHY?

Money is needed to fund improvements on an aging corridor that is obviously critical to Virginia’s economic health.  Governor McDonnell said:

I-95 is one of the most important and heavily traveled highway corridors in the country, linking population and commercial centers up and down the East Coast.  Limited funds and growing capital and maintenance needs have led to deficient pavements and structures, congestion, higher crash density and safety concerns.  This approval is a major step toward funding critical capacity and infrastructure improvements needed in this corridor.  The Commonwealth cannot continue to be a leader in economic development and job creation if we do not address our transportation needs.  Earlier this year, the General Assembly passed my transportation plan setting the framework for investing $4 billion in our transportation network over the next three years.  The ability to toll I-95 will help leverage this investment by funding transportation improvement in this vital corridor.[1]

VDOT estimates it could generate $250 million over the first five years of the toll program and over $50 million annually thereafter.[2] The Governor sees these toll revenues as the best way to fund reconstruction, rehabilitation, capacity expansion, and safety improvements on Virginia’s stretch of I-95.

WHERE?

The exact location of tolls is unknown but the administration is looking at a 126 mile stretch of the interstate from the Fredericksburg area to the North Carolina border.

WHEN?

It is estimated that it could take up to two years to get the program in place.  The FHWA approval is conditional and it simply reserves a “slot” for Virginia to further develop its plan to toll I-95 and submit a detailed plan to gain final approval.  The FHWA has outlined several steps Virginia must take to move forward including providing the following information:

• The specific short-term improvements Virginia will implement via the toll revenues and why these particular improvements were selected;
• A more detailed, specific explanation of how this request will support the creation of new capacity on the facility.
• How VDOT will address the issue of maintenance of effort on the tolled portion of I-95; and
• Where the tolls will be collected and why VDOT selected these particular locations for toll collection sites.[3]

So while there is much work to be done, this preliminary permission from the Federal Government is indeed a “major step forward” for Governor McDonnell’s tolling project.

Fredericksburg Personal Injury Attorney Nathan J. D. Veldhuis

Author: Attorney Nathan J. D. Veldhuis

*This originally article was published in the Fall 2011 Issue 11-3 of Headway Newsletter, Brain Injury Association of Virginia

The trial lawyer’s duty to prove the nature and extent of brain injuries in personal injury cases involving traumatic brain injury (TBI) requires that lawyers keep up advances in medical diagnosis and treatment.  Many of these advances are made through the development and use of technology.  In many cases involving traumatic brain injury, the results of routine  diagnostic tests, such as MRIs[1] and CT Scans, are normal and do not show the injury. This is true even when a person has clearly sustained a permanent traumatic brain injury and is demonstrating symptoms such as post-traumatic amnesia, changes in mood and personality, and changes in attention and concentration.  However, these symptoms are viewed as subjective evidence of the injury.[2]

Years after the injury, the person in a personal injury case who has sustained a traumatic brain injury may have regular CT Scans and MRIs with normal readings because the brain swelling has subsided. The inability to produce objective evidence to support a finding of permanent brain injury has always been a difficult challenge in these kinds of cases.

Recently, some new diagnostic tools have been developed which can produce objective signs of permanent brain injury years after the initial trauma. The latest neuro-anatomic technology is a test called the “3 Tesla MRI”, which provides the ability to compare the brain of someone who has had a brain injury with a group of normal control subjects of the same age.  Despite the fact that these tests may take place a number of years following the injury, they constitute the most current technology to identify patterns of change and reveal objective evidence of injuries not seen in routine readings of MRI and CT Scan imaging.[3]

The 3 Tesla MRI differs from a standard MRI test in the strength and measurement of the magnetic field.  The 3 Tesla MRI allows images to a resolution of a half-millimeter in terms of brain structure.  In addition, this new MRI allows for a new very specific type of measurement of the brain tissue to get an objective percentage-based finding of how the brain-injured person’s brain compares to normal brain tissue.

Gregory O’Shanick, MD, an expert in this area, has described it thus, “The technology uses a sophisticated mathematical formula to calculate the volume of the brain based upon measurements of brain tissue with a specific type of imaging sequence.”

The studies are performed using a software program that provides healthcare providers with the means to quantify volume within regions of the brain. The comparisons of measurements are done in percentiles so that the patient would be evaluated in comparison to normal subjects of the same age range. The results would reveal how the injured person’s brain compares, in terms of a percentage of volume, to the normal range. Having this objective evidence using real numbers and percentages would appear to be an invaluable tool in attempting to prove the permanence of a brain injury even a number of years after the injury occurred.

These findings are especially useful when considered in the context of “Iowa Collateral Head Injury Interviews.” This interview format for suspected head injury victims has been proven through numerous studies to be effective in evaluating the nature and extent of the symptoms exhibited by the brain-injured person. Persons interviewed would include close family members and friends.  The interviews focus on the behavioral changes exhibited by the brain-injured person. The Iowa Collateral Head Injury Interview test evaluates 21 different items that are ranked from 0 to 2 (0 being no change and 2 being substantial change).  Collateral Head Injury Interview test scores at ten or higher are seen as being clearly abnormal.

When the findings of these interviews (the subjective evidence of neuro-behavioral problems) and the objective evidence of the 3 Tesla MRI tests are presented together, they provide a very persuasive means of determining and proving the nature and extent of the brain injury.  In the context of civil litigation, this is extremely helpful.[4]

For example, a 60-year-old woman suffering from moderate traumatic brain injury could have a regular MRI, interpreted in the traditional way, which would reveal no change. Using the new technology, the report could reveal any change she experienced as a consequence of the injury which was not detected in the traditional MRI reading.

From a purely neurological and healthcare perspective, these tests are of great importance, and can assist in ensuring the nature and extent of a person’s brain injury is fully recognized and diagnosed, so that treatment can be provided accordingly.

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.

Fredericksburg Personal Injury Attorney Nathan J. D. Veldhuis

Author: Attorney Nathan J. D. Veldhuis

Every year, the Virginia State Bar[1] holds its Annual Meeting in Virginia Beach in June, and attorneys from around the state gather to meet, discuss legal issues, and go to Continuing Legal Education[2] seminars.   I have attended the Annual Meeting every year since passing the bar examination and receiving my license.   The Annual Meeting features several events sponsored by the Young Lawyers Conference (YLC) which is comprised of new and young lawyers. While the YLC programs are always well-organized, this year’s meeting was especially noteworthy due to the impressive number, and quality, of events the YLC hosted during the weekend. These activities included a 5K “Run In the Sun” along the boardwalk, a poolside reception at the Cavalier Oceanfront Hotel, the annual David T. Stitt memorial volleyball tournament, and a speech at our annual members meeting and luncheon from the incoming president of Virginia State Bar – this year, George Warren Shanks, Esquire.   This year the YLC organized and sponsored a “Showcase CLE” Program that was a highlight of the weekend and very well-attended.

The Showcase CLE was entitled “Judiciary Squares—Interactive Review of Evidentiary Matters”, and was presented on Friday morning.  Modeled after the “Hollywood Squares” game show, nine Virginia judges and justices served as “squares” and answered questions from contestants.  The moderator was former Judge Stanley P. Kline, who asked each of the jurists (squares) an evidence-related question to which the jurist provided a response. It was up to the contestants to decide whether the jurist had provided the correct answer, and determining whether the answer was true or false was very challenging for the contestants and the audience.

This year’s Showcase CLE was a resounding success due largely to the efforts of the YLC Committee responsible for the event, headed by Joanna Foust, Esquire who was ably assisted by other members of that Committee. Additionally, special thanks must be given to the jurists for their graciousness in participating in the Program and for their entertaining and educational answers.  The jurists were the Honorable Cynthia D. Kinser, Chief Justice of the Supreme Court of Virginia; the Honorable B. Waugh Crigler, U.S. Magistrate Judge for the Western District of Virginia, Charlottesville; the Honorable Joel C. Cunningham, Judge of the 10^th Judicial Circuit Court in Halifax; the Honorable Barry G. Logsdon, a Judge in the Juvenile and Domestic Relations Court in Newport News; the Honorable Cleo E. Powell, a Judge on the Virginia Court of Appeals; the Honorable Angela E. Roberts, a Judge in the Juvenile and Domestic Relations Court in the City of Richmond; the Honorable Deborah S. Rowe, Judge in the Juvenile and Domestic Relations Court in Hampton; the Honorable Beverly W. Snuckals, a Judge in the 13^th Judicial Circuit in Richmond; and the Honorable Robert W. Woolridge, Jr., retired Judge of the Circuit Court of Fairfax County.  As a member of the YLC Board of Governors, I would like to thank them all for donating their time, knowledge and enjoyable sense of humor during the competition.  Their performance made this one of the best Showcase CLE’s the Annual Meeting has ever presented.

If you are a young lawyer and have never been to the Annual Meeting, I strongly encourage you to attend. The conference provides an excellent opportunity to network, learn, and take in some sun. There are many opportunities to volunteer, so if you are interested in becoming more active in the YLC[3] please feel free to contact me using the contact information provided. I wish you an enjoyable remainder of the summer, and hope to see you at next year’s Virginia State Bar Annual Meeting.

About the Author: Nathan is a Fredericksburg accident attorney with Allen & Allen. He has broad litigation experience in fields as diverse as professional malpractice, defamation, medical malpractice,  mental health, and personal injury law.

Fredericksburg Personal Injury Attorney Kathleen Llewellyn-Duncan

Author:  Attorney Kathleen Llewellyn-Duncan

Most pet owners consider their cute companions to be a part of their families.  I certainly feel this way about my two big dogs, a Great Dane and a Mastiff, and for this reason I would never leave them unattended in the car while I run errands in the sweltering Virginia summer heat.  As a friendly reminder during the warm weather, and as a fellow animal lover, please remember to consider the following information if you take your furry friends in the car.

Most responsible pet owners know that an animal shouldn’t be left in a car in the extreme heat; however, you might not be aware that even moderate temperatures outside can be dangerous to an animal inside the car.  A pleasant, 70 degree day can cause temperatures of up to a scorching 125 degrees inside a car within 5 to 10 minutes! [1] In addition, the anxiety and stress that a pet suffers due to the rising temperature and feeling of abandonment can amplify the serious health risk that your pet will overheat.[2]

Even leaving a window cracked only minimally increases air flow inside the vehicle.  To be effective, the window would have to be left down enough for the pet to stick its full head out the window.  This, too, can be risky.  Not everyone out there is an animal lover, and giving strangers access to your pets – and car – could have harmful consequences.

If it is absolutely necessary for your pet to be in a vehicle unattended, you can minimize the risk to your pet’s health by taking the following precautions:

• Limit the time to a few minutes.
• Park under a tree or in a shady area.
• Have water available inside the car while you’re gone – Bass Pro Shops carries a plastic, spill-proof portable water bowl for only $14.99.[c1]
• Consider getting a battery operated fan for your pet.

Pets cannot tell us if they are in need of help, so the responsibility falls on us to act as their advocates and protectors.  If you see an unattended animal in a car struggling to breathe or in distress, call your local animal control.  For your own favorite furry creatures, consider finding “pet friendly” stores and even some restaurants (usually with outdoor patio seating) that will allow you to keep your pets with you (and out of the car) during your daily activities.[c2]

Have a safe and wonderful summer with your family and pets!

About the Author: Kathleen is a Fredericksburg accident attorney with the Virginia personal injury law firm of Allen & Allen. She handles all types of injury cases including car accidents and premises liability in Fredericksburg, Garrisonville and the surrounding areas.

Fredericksburg personal injury attorney David M. Williams, Jr.

Author: Attorney David M. Williams, Jr.

A new Virginia law increasing the consequences for underage drinking and driving went into effect July 1, 2011.

The 2011 Virginia General Assembly unanimously passed a bill establishing a “zero tolerance” (0.02% BAC) for underage drinking and driving by making it punishable as a class 1 misdemeanor. The punishment for teens that drink and drive – teens convicted of Driving While Intoxicated (DWI) – now includes two additional severe penalties:

1.    loss of their driver’s license for one year from the date of conviction, AND

2.    either a mandatory minimum fine of $500.00 or 50 hours of community service.[1]

Compared to the previous penalty for underage conviction of a DWI – license forfeiture for only 6 months and a fine of no more than $500.00 – these new laws have serious consequences for teens convicted of under age drinking and driving [c1] (and their DWI lawyers[c2] ).

The need for tougher laws on teen drinking and driving is obvious. Alcohol use remains widespread among our youth. Nearly three quarters (72%) of students have consumed alcohol by the end of high school and more than a third (37%) have done so by the eighth grade.[2] Furthermore, motor vehicle accidents remain the leading cause of death for 15-20 year old drivers. ^[3] In light of these sobering facts, the zero tolerance law is long overdue.

No legislature can completely eliminate underage driving while intoxicated, but hopefully the increased severity of these new under age drinking and driving [c3] laws will send a message and help curb this dangerous behavior.

About the Author: Fredericksburg car accident attorney David M. Williams, Jr. is an expert in the litigation and alternate dispute resolution of personal injury, wrongful death, medical malpractice and products liability cases.  David has successfully argued multiple cases before the Virginia Supreme Court in more than 15 years of experience with personal injury law.

Fredericksburg injury attorney David M. Williams, Jr.

Author: Attorney David M. Williams, Jr.

As the parent of two small children who use child safety seats, I am very concerned about their safety when riding in a motor vehicle.

Motor vehicle crashes are the leading cause of death among children in the United States.[1] Sadly, many of these deaths can be prevented. Studies have shown that placing our children in appropriate car and booster seats for their age and size can reduce the chances of serious and fatal injuries by more than 50%.[2] In an effort to increase safety for children in vehicles, a national medical group and a federal agency are offering new advice which will change the way we buckle up our kids.

On March 21, 2011, the American Academy of Pediatrics (AAP), a physician’s advocacy group dedicated to the promotion of healthcare standards for children, released the following guidelines which contain new recommendations:

-        all infants and toddlers should be placed in rear-facing car seats until age 2, or until they reach the maximum height/weight for their car seat.

-        all children age 2 or older, or those younger than age 2 who have outgrown their rear-facing height/weight limit for their car seat, should use a forward facing car seat with a harness for as long as possible, up to the highest height/weight allowed for their car seat.

-        most children will need to ride in a booster seat until they have reached a height of 4 feet 9 inches tall and are between ages 8 and 12.

-        children old and large enough to use the vehicle seat belt alone should use both lap and shoulder seat belts.

-        all children younger than age 13 should be seated/restrained in the rear of vehicles.[3]

The previous AAP policy, dating back to 2002, advised rear-facing up to the limits of the car seat, but it also cited age 1 and 20 pounds as the minimum. As a result, most parents celebrated a child’s first birthday by switching the seat from rear to front facing. Now, the AAP is recommending that children remain in rear-facing seats until age 2 or at least until they outgrow their car seat.

The National Highway Traffic Safety Administration (NHTSA) also issued separate new recommendations on March 21, 2011, which are fairly consistent with the AAP guidelines.[4] The NHTSA recommends the following:

Birth – 12 months:

Your child under age 1 should always ride in a rear-facing car seat.

There are different types of rear-facing car seats: Infant-only seats can only be used rear-facing. Convertible and 3-in-1 car seats typically have higher height and weight limits for the rear-facing position, allowing you to keep your child rear-facing for a longer period of time.

1 – 3 years

Keep your child rear-facing as long as possible. It is the best way to keep him or her safe. Your child should remain in a rear-facing car seat until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the rear-facing car seat, your child is ready to travel in a forward-facing car seat with a harness.

4 – 7 years

Keep your child in a forward-facing car seat with a harness until he or she reaches the top height or weight limit allowed by your car seat’s manufacturer. Once your child outgrows the forward facing car seat with harness, it’s time to travel in a booster seat, but still in the back seat.

8 – 12 years

Keep your child in a booster seat until he or she is big enough to fit in a seat belt properly. For a seat belt to fit properly the lap belt must lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snug across the shoulder and chest and not cross the neck or face. Remember: your child should still ride in the back seat because it is safer there.

Both the AAP and NHTSA appear to have revised their guidelines to keep pace with the latest scientific and medical research as well as the development of the new child restraint technologies. The benefits of child safety seats are obvious. They reduce the risk of death in passenger cars by 71% for infants and by 54% for toddlers  ages 1 to 4 years.[5] *5 Booster seats reduce the risk of non-fatal injury among children between 4 and 8 years old by 45% compared with seatbelts.[6] So remember, it is not enough to simply “buckle-up” your children in a child seat. The equipment you use and the manner in which you use it are just as important.

About the Author: Fredericksburg car accident attorney David Williams has focused his legal career almost exclusively on personal injury law and wrongful death cases. David is also a defective products lawyer in Fredericksburg. He has successfully argued cases before the Virginia Supreme Court.

[1] CDC. Web-based Injury Statistics Query and Reporting System [online]. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (producer).  Available from URL: www.cdc.gov/ncipc/wisqars. [2008 May 5]

[2] Department of Transportation (US), National Highway Traffic Safety Administration (NHTSA).  Traffic Safety Facts 2006: Children.  Washington (DC):  NHTSA; 2008.  [cited 2008 May 5].  Available from URL: http://www.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2005/810618.pdf

[3] Pediatrics, Official Journal of the American Academcy of Pediatrics, Policy Statement Child Passenger Safety, Page 789, published online March 21, 2011.

[4] National Highway Traffic Safety Administration Press Release – March 21, 2011.

[5] Department of Transportation (US), National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts 2006: Children. Washington (DC); NHTSA; 2008.

[6]Pediatrics, Official Journal of the American Academy of Pediatrics, Policy Statement Child Passenger Safety,  page 788, published online March 24, 2011.