Richmond Car Accident Lawyer

Author: Christopher A. Meyer, Richmond Personal Injury Lawyer

Many people in the Commonwealth of Virginia are required by court order to financially support children and have been unable to keep up with the court ordered payments.  In such cases, the Commissioner of the State Department of Social Services may cause an order to issue that attaches to property and income owed to the debtor by a third person and requires that such property or income be turned over to the Commonwealth in satisfaction of the past due child support.  There is a specific statute, Section 63.2-1929[1], which discusses this issue in relationship to personal injury cases in Virginia.    The operative sentence is as follows:

The orders to withhold and to deliver shall take priority over all other debts and creditors under state law of such debtor including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement except that the Department’s lien shall be inferior to those liens created under Section 8.01-66.2 or Section 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. (Emphasis added).

The two statutory sections cited are laws giving doctors and other medical providers a lien for a least part of their charges, up to $750 for most doctors, $200 for an ambulance, and $2,500 for a hospital, and also give the Commonwealth liens for its services such as Medicaid and services provided by Commonwealth operated hospitals like the hospital at the University of Virginia.  What this means in a typical personal injury case is that the lawyer gets the fee he has earned, the doctors get a lien for the minimum amounts as noted above, and the child support lien gets the rest until the whole lien is satisfied.  In many cases this means that a person in a personal injury case will receive no funds at all from the settlement proceeds with the entire net proceeds going to the back child support lien.  The Commonwealth can negotiate these liens but often takes a very hard line.

Therefore,  if an injured person with a claim owes back child support, the Commissioner may notify the person’s attorney or the insurance company paying the proceeds that there is a back child support.  If that happens,  then that back child support may have to be paid first, in its entirety, before the injured person gets anything.

If you are injured, and have a claim, and also owe back child support, then be sure you notify your attorney.

Mechanicsville Car Accident Lawyer

Author: Attorney Christopher A. Meyer

Taking bankruptcy can have a significant effect on a personal injury case.  In a recent personal injury case[1], the Virginia Supreme Court discussed the disastrous results that can occur when a plaintiff’s taking bankruptcy and the pendency of a personal injury case are not properly coordinated.

In Kocher the plaintiff was injured in an car accident.  Over a year later, he filed for bankruptcy and received a discharge several months following his filing. His personal injury lawyer filed suit several months after that, complying with Virginia law[2] that requires attorneys to file suit (in most cases) within two years of the date of the injury. Failure to abide by this rule permanently bars cases from being filed.

Though the attorney’s filing occurred several months in advance of the legal deadline[3], it was not served and the issue properly joined until several years later.  Though often a non-issue, in Kocher the lawyers for the defendant argued that the plaintiff and his attorney did not have standing (the legal right to initiate a lawsuit)[4] to file suit. Therefore, the suit they had filed to stop the statute of limitations from running was a nullity[5] (of no legal force and effect) and the plaintiff’s suit should be dismissed. The Virginia Supreme Court agreed.

The Supreme Court held that when a person files bankruptcy, by federal law all of his assets become part of the bankrupt’s estate and are therefore controlled by the trustee (court appointed administrator of the bankrupt person’s affairs)[6] in the bankruptcy.  The plaintiff’s assets include personal injury cases, regardless of whether they have been filed or listed in the bankruptcy filing.

Once the plaintiff has filed for bankruptcy, the trustee has possession of his assets and neither the plaintiff or his attorney have the right to file suit on his personal injury case.  This rule meant neither the plaintiff or his lawyer in Kocher had standing to file suit, causing the permanent dismissal of the case.

There are several ways to handle this problem.  Once a case has been filed in bankruptcy the trustee can be asked to abandon the personal injury claim, which allows the plaintiff to file suit.  Better, once the personal injury claim has been listed as an asset the trustee can be asked to exempt the claim.  This exemption also frees the plaintiff to file suit on his case.  Lastly, If the personal injury claim is listed as an asset and not dealt with by the trustee, it can be presumed abandoned when the plaintiff receives a discharge, or order forgiving the bankrupt person’s remaining debts,[7] in bankruptcy.

If none of these actions are taken then the trustee keeps the case and the rights to file suit even after a discharge has been granted.  In that case, any suit filed by the plaintiff or his attorney will not be effective.

The point: any time that a person who has a personal injury action wants to declare bankruptcy there must be close cooperation between the attorney handling the case in bankruptcy and the attorney for the personal injury action.  A failure to follow the proper steps may result, as Kocher demonstrates, in the case being lost forever.

About the Author: Chris Meyer is a car accident lawyer in Mechanicsville Virginia with personal injury law firm of Allen & Allen. 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 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.

Richmond Accident Lawyer J. David Douthit

Author: Attorney J. David Douthit

Many times our personal injury clients are upset when the police officer does not place charges against the driver our clients feel caused the auto accident, or when the officer does place charges but they are dismissed at traffic court.  Usually, however, it has no real effect on their personal injury claim under Virginia law. The reason is that, if their personal injury claim went to trial, the jury would never know whether the police officer charged anyone or not, and if the officer did, the jury would never know what the outcome of the charge was, either.

To many people, that sounds crazy. This seems like important information that a jury should know. There are, however, very good reasons why this information is not admissible at trial.

One of the questions at the trial of a personal injury claim is whether the defendant (the person who has been sued) is at fault in causing the auto accident.  In legal, terms, the question is whether the defendant was negligent; that is, did they do something wrong that caused the accident.[1] This is an issue the jury is supposed to decide based on the witnesses and evidence that is presented to them.  Usually the witnesses are questioned and cross-examined by attorneys for both sides, and the jury will hear a lot more information than the police officer had available at the scene of the accident.

Whether or not to charge someone who is involved in an motor vehicle accident is a decision that he police officer makes, based on their opinion and judgment. In a claim for personal injuries, we would not want the jury to substitute the police officer’s opinion for their own.  If the charges were admissible, the jury might be improperly swayed by the police officer’s opinion.  Similarly, the judge’s decision at traffic court is based on the evidence presented to the judge during what is usually a hearing lasting less than 15 minutes. In a claim for person injuries, we would not want the jury to substitute the traffic court judge’s opinion for their own.  The effort and expense that a defendant might make to defend himself against a traffic court charge that carries a fine of less than one hundred dollars may be very different from the effort and expense a defendant might make to defend himself from an injury lawsuit for thousands of dollars arising from the same accident.  Surely it would not be fair for a jury to be influenced by the decision of a traffic court judge to convict of a traffic charge when that decision was based on much less evidence than the jury had to consider in the injury case.

On the other hand, if the charges were dismissed by the traffic court judge, it would be unfair to the injured claimant (the plaintiff) to let the injury case jury hear that.  The standard of proof in a criminal traffic case is beyond a reasonable doubt, which is a very high standard.  In a civil claim for personal injuries, the standard is much lower; the claimant must prove the defendant was negligent by a preponderance of the evidence.  This is sometimes described as the greater weight of the evidence, or 51% or more. Surely it would be unfair for a jury in a personal injury trial to be influenced by the decision of a traffic court judge to dismiss a charge when the standard of proof is so much higher to support a conviction in traffic court than the standard of proof to support a finding of negligence in the personal injury case.

Of course, it’s not uncommon for jurors in a personal injury trial to have questions while they are discussing a verdict.  One of the most common questions jurors ask in a case like this, where there is a question as to who is at fault, is whether the responding officer charged anyone with a traffic violation. Typically, members of a jury with such a question will write the question out and a bailiff will deliver it to the presiding judge.  At that point, the judge will inform the lawyers for the parties that the jury has a question.  Typically the judge will read the question to the lawyers and give them an opportunity to express any preference they may have as to how the judge should respond.

For a variety of reasons, it is uncommon for a judge to give the jurors a substantive answer to their questions.  The reasons for not answering this question about whether anyone was charged in the accident should now be clear to you.  In every instance I can recall, the judge will ask the jury to return to the courtroom, read their question into the written record of the trial and tell the jury that they must base their verdict only on the evidence that was presented during the trial.  Assuming (as is almost always the case) that no evidence on traffic charges was presented during the trial, the judge will instruct the jurors that they should not speculate about such matters and base their verdict only on the evidence presented.

While an answer like this is probably the legally correct thing for a judge to say, it’s probably not very satisfying for the jurors.  The reason a judge won’t answer a question about who an officer may have charged is because, as we have seen, the answer will not help the jury properly decide the issue of fault.  There is also the danger that a jury wrestling with a difficult liability case will choose not to decide that issue, substituting the officer’s judgment as to who may have been at fault for their own.

Imagine a situation where two drivers collide in an intersection controlled by a traffic light.  Each driver tells the responding officer that his light was green and there are no other witnesses.  Often in these circumstances, the officer will charge no one.  Assuming that the traffic light is working properly, the decision not to charge anyone does not mean no one is at fault.  One of the two drivers ran a red light.  However, the officer has no way of knowing or proving which of the two drivers ran the red light.  Less often, the officer will charge both drivers with disregarding a red light.  Again assuming that the light is working properly, the fact that both drivers were charged does not mean that both drivers ran a red light.  One of them had a green light.  Sometimes the police officer will charge only one or the other driver with disregarding the red light.  This decision may be based on the police officer’s impression at the scene. But there may an eyewitness to the accident who gave their contact information to the person not at fault but the eyewitness may have left the scene before the police officer arrived.  And sometimes one driver may have left the scene by ambulance before the police officer arrives, and the officer may charge that driver based only on talking to the driver who is still at the scene.   In all of these situations, the jury in the injury case could easily be misled by the charges the police officer made or by the outcome at traffic court.[2]

About the Author: Dave is an car accident lawyer in Richmond VA. He is experienced in handling cases ranging from bike accidents to car accidents to premises liability.

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.

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.

Chesterfield injury lawyer Trent S. Kerns

Author: Attorney Trent S. Kerns

How can you prove that a product was defective without the product in a product liability case?  How can you prove that a condition was unsafe if the condition has been altered or removed?  Many personal injury cases become unwinnable because there is not a prompt investigation.

I recently had a case in which the wooden stairs to a second floor deck of my client’s home pulled loose and caused her to fall.  As a result, she was severely  injured.  Fortunately her son-in-law suggested that she contact an injury lawyer at Allen and Allen immediately, and she did so.  Knowing that there had to be some defect in the construction, design, or maintenance of the steps for this incident to occur, our product liability attorney arranged to get experts out to examine the stairway right away.  Since the experts were able to view the stairs within a matter of days following the accident, and before the stairs had been altered, removed, or repaired, the experts were able to determine that the failure was due to inadequate securing of the stairway to the decking by use of insufficient nails and other subpar work.  If the stairs had been removed, we would not have been able to determine that the steps were improperly built and were in fact in violation of the building code.  Only a prompt investigation with expert examination and photographs of the stairway before the stairs had been removed and before there had been changes made allowed the expert to determine the exact cause of the failure.   Although this is just one example it serves to remind everyone that contacting an attorney promptly is extremely important.

What if a motor vehicle collision occurs in a roadway construction area?  The scene may be altered before photographs are taken if a prompt investigation is not made.  What is an eyewitness gives their contact information to the injured person or the police officer at the scene, but this information is discarded or misplaced before an investigation occurs?  What is the eyewitness moves or changes their phone number before an investigation occurs?  You can have an car, truck or motorcycle accident in which independent witnesses who are critical to the case die, move, or for other reasons are unable to be located and that could make the difference of whether you win or lose your case.  Whether it is an automobile accident, failure of a product or failure of some condition, it is important to promptly call an experienced accident lawyer so that they can determine if immediate action needs to be taken.

About the Author: Trent Kerns is a Chesterfield accident lawyer. For over 25 years he has worked to protect the rights of Virginia and Midlothian area residents injured in car accidents, motorcycle accidents, product liability cases and other difficult injury cases.

Richmond Personal Injury Attorney P. Christopher Guedri

Author: Attorney P. Christopher Guedri

In my years as a Virginia personal injury attorney I’ve helped clients with a dizzying array of injuries and medical conditions. It always saddens me when I see someone whose suffering could have been mitigated if their condition had been diagnosed in time.

One client, a State Trooper, fell victim to misfortune and a defective product. After slashing his finger to the bone on a hubcap, he developed Complex Regional Pain Syndrome and watched helplessly as his right hand curled and warped into a misshapen claw-like appendage. This injury ended his career as a state trooper.

Complex Regional Pain Syndrome, or CRPS, is a chronic, progressive disease characterized by intense pain and swelling. It generally begins with a small injury, after which the blood flow to the region is compromised. The actual cause of a small trauma advancing to Complex Regional Pain Syndrome is not well understood. As the disease progresses the skin and bones become irreversibly warped. In most cases this eventually leads to the affected limb being rendered all but useless.

The key to Complex Regional Pain Syndrome is catching the disease early. If treatment begins within two or three months of the first symptoms, there is some chance that the limb will retain some functionality through physical therapy and drug treatments. However, if the condition goes undiagnosed for too long it is all but impossible to wrest back any function whatsoever. After a few months, most treatments will be largely ineffective.

Sadly it is too late for my client. He will deal with the complications of his condition for the rest of his life. But it is my hope that by educating people about this disease we can prevent others from being so drastically affected.

About the Author: Richmond product liability attorney Chris Guedri has over 30 years of experience handing complex defective products cases. Chris is also experienced in handling trucking and car accident cases in Richmond and throughout Virginia, some involving wrongful death or traumatic brain injury (TBI). Recognized by his peers as a superb litigator, Chris has been listed in the book Best Lawyers in America since 1995 and in 2008 he was inducted into the International Academy of Trial Lawyers, an organization of attorneys who are elected to membership based on their reputation for excellence. He has also been included among the “Legal Elite Best Lawyers in Virginia” by Virginia Business Magazine.

Richmond personal injury attorney Courtney Van Winkle

Author: Attorney Courtney A. Van Winkle

Richmond residents may be pleased to learn that their city has been nationally ranked as one of the Top Ten Best Cities to Find a Job[1], a Top 25 Best City for New College Grads[2], and The Best Small City of the Future[3]. They may also be dismayed to discover that Richmond has ranked near the top of another list, as the 20^th most dangerous city in America for pedestrians. [4]

Pedestrian accidents have been a major problem in America for decades, accounting for nearly 10% of all automobile-related fatalities. Since 2000, more than 47,700 pedestrians have been killed, the equivalent of a jumbo jet crashing every month. In Richmond alone the death toll has numbered 167.[5]

However, there are things you can do as a pedestrian to reduce your risk. These simple steps can help keep you safe on the streets.[6]

1-Always be predictable.

As you walk along the side of a road, drivers make assumptions about what you are going to do. Try to fulfill those assumptions. Never dart out into the road or change direction suddenly and without warning. If you make your intentions clear drivers will have a much easier time avoiding you.

2-Use what is provided.

Many areas have built in pedestrian safety devices such as sidewalks and crosswalks. Sidewalks place a barrier of space and a curb between you and a car, while crosswalks provide a designated, visible walking lane where drivers expect to find pedestrians.

3-Always face traffic.

If there are no sidewalks, it is safer to walk down the side of the road facing oncoming traffic. This way you will have a clear line of sight for any cars on your side of the road and more time to react to their approach.  In fact, VA Code § 46.2-928 requires pedestrians to walk on the left side of the road if there is no sidewalk. This provision is designed to “protect a pedestrian from the quiet approach of … vehicles from the rear.”

4-React to low visibility conditions.

If darkness is a factor be sure you are wearing bright or reflective clothing. A darkly clad person walking down a road at night is often invisible until it is too late. It may be a good idea to carry a light source. Also keep in mind that at night drivers are more likely to be tired and not paying full attention.

5-Never count on a driver.

Most drivers are careful and conscientious, but the only safe thing for a pedestrian to do is assume every driver is not paying attention. Even if visibility is good and you are crossing a street in plain view of an oncoming car that has plenty of time to stop, the driver may not see you. In the modern world we are constantly distracted by calls, texts, e mails, and a host of other interruptions. While it is certainly not advisable to deal with these while driving, we all know that many people choose to, and as a result are not fully minding their surroundings.

6-Know the street.

Know the speed limit and visibility of the street you are traveling down. Keep in mind that stopping distance increases dramatically as cars increase their speed. Always use extra caution when walking down or crossing a larger road with a higher speed limit.

7-Careful with alcohol.

Just as alcohol impairs your ability to drive, it can also impair your ability to be a safe pedestrian. People have been killed crossing streets that were clearly unsafe, behaving in a manner they never would have while not under the influence. If you have been drinking, be aware that your decision making may be compromised.

By following these simple steps, you can keep yourself and your loved ones safe. Together we can help our city eliminate senseless pedestrian deaths.

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.