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.

Make sure you have as much available insurance coverage as possible when riding a motorcycle.

Paul D. Hux, Petersburg motorcycle accident lawyer

Attorney Paul D. Hux

There are two kinds of people that ride motorcycles: those that have been in a wreck and those that are going to be in a wreck.

As personal injury lawyer who handles motorcycle accident cases in the Petersburg area, I have received many calls from people who have been involved in motorcycle wrecks.  Just in the last month, I have spoken with the spouses of two husbands killed in motorcycle crashes and the family of a young man paralyzed from the chest down due to a motorcycle wreck.  What all three accidents have in common is that there was not enough insurance coverage to adequately compensate the families of the deceased drivers nor the injured rider.

According to the DMV website for Virginia, there have been approximately 2,000 motorcycle riders injured each year from 2005 until 2009.  There have been approximately 70 motorcycle riders killed each year during this same period.  The average age for the majority of riders injured or killed during this period is 21-35.  The minimum limit of insurance coverage a bike rider must have on his bike is $25,000.00.  This is the same amount for a car also.  I know this is the minimum amount one must have, but wouldn’t it just make more sense to have significantly more coverage when you are operating a vehicle on the roads of the Commonwealth and this vehicle has no doors, no roof, only two tires and you are literally inches away from being thrown to the pavement should something happen?

Your motorcycle policy has three kinds of coverage that may be involved.

• First, liability coverage – which covers you in situations where you, the driver may have caused an accident.
• Second, uninsured motorist (UM) coverage – where another driver who causes a wreck has NO insurance, your carrier steps in and provides coverage to the rider on behalf of the at-fault party.
• Third, under insured motorist (UIM) coverage – which applies when the at-fault person has insurance, but the amount of their available coverage is not adequate to properly compensate the bike rider for the tangible and intangible damages they have caused and the injured driver has higher limits of coverage than the at-fault driver.

I would like to focus on the last two kinds of coverage (UM and UIM) for the rest of this discussion.[1]

As we all know, motorcycle safety is something we must all keep in mind.   We must constantly be on guard for bikes on the road way.  Riders wear helmets, leather jackets, leather pants and boots to protect themselves in the event of a wreck.  Why not protect yourself by also investing in as much UM/UIM insurance coverage as you can possible afford?  Clearly, you are more likely to sustain more significant injuries when you are riding a motorcycle at the time of the wreck versus being in a car.  The more serious the injuries are, the more significant the treatment and in turn the larger the medical bills are likely to be.  If both the at-fault driver and the bike rider have only minimum limit policies in Virginia ($25,000.00), then generally no matter what the injuries are, what the treatment involved or what the medical costs are, there is usually never any way the bike rider would have more than $25,000.00 he could use to resolve his case.

But if the motorcyclist had as much coverage as he could possibly get, maybe $250,000.00 or even more, he would have that much higher amount to use for his case, over the other driver’s policy, and not have to hope for higher coverage on behalf of the wrong doer.  This UM/UIM coverage is for you, the motorcyclist’s, own protection.  The more coverage YOU have on your own policy, the more YOU are protected.

You may ask why I write this article.  Well, I do so because of the three people I mentioned to you above.  The young man that was paralyzed and who was in the hospital for 2 months and then in an extended care facility had only $75,000.00 in motor vehicle insurance available to him.  His medical expenses alone are several times that amount, and he will be unable to return to work for a long time.[2]

In the deaths of the other two hard-working men, both of whom had a wife and children, one man had only $50,000.00 in available coverage and the other had only $100,000.00 in available coverage.  These riders were not at fault at all in their accidents.  Certainly these riders and their families deserve better than this.  I hope this article will motivate other riders to increase their insurance coverage as much as possible.  You take so many other steps to protect yourself, please heed this warning and take this step.  You will be glad you did should something unforeseen occur.

I urge you to contact your insurance carrier and discuss raising the coverage limits at your earliest convenience – if, God forbid, something bad happens, you will be glad you did.

Robert L. Mertig, Claims Consultant

Author: Claims Consultant Robert L. Mertig

Many states have minimum limits for automobile liability insurance.  In Virginia, this minimum is $25,000 per person and $50,000 per accident.[1] Because car insurance can be expensive, many people are tempted to purchase only the minimum.  There are good reasons, however, to purchase  limits that exceed the 25/50 state minimum.

First, the insurance company’s responsibility is to pay the limits of liability coverage if the injury claim is severe enough and to try and obtain a release on behalf of their policyholder.  The insurance company may not be able to obtain a release if the coverage is not sufficient to compensate the injured person, and the insured person will be personally responsible for the excess.  Thus, many people purchase automobile liability insurance with limits of at least 250/500 to protect themselves in case they are at fault in an accident.

Second, the increased coverage also provides additional compensation to the policyholder if someone else is at fault and the at-fault party does not have adequate coverage to compensate the insured for his injury.  The insured can then look to his uninsured motorist (UM) coverage for additional compensation for his injuries and losses. [2]

I would urge all drivers to contact their car insurance company or agent, and discuss increasing their liability and uninsured motorist policy limits.  It is important that the UM and liability limits are the same.  Unfortunately I have seen instances where an individual reduced his UM limits at the suggestion of his agent to reduce his premium.  This type of action is only advantageous to the insurance company by reducing their exposure.  It is not to the benefit of the policyholder.

I highly recommend that everyone review their automobile liability  and homeowner’s policies on an annual basis to make sure the coverage is adequate and there have been no changes unless requested by you, the policyholder.  It’s not a bad idea to shop around periodically, too, to make sure you are not paying too much.

About the Author: Bob Mertig is a claims consultant working under the supervision of Petersburg car accident lawyer Paul Hux. Bob assists clients in resolving their personal injury claims.

Robert L. Mertig, Claims Consultant

Author: Claims Consultant Robert L. Mertig

I have read many articles recommending that consumers cancel the collision coverage on their vehicle’s car insurance policy once it reaches a certain age.  However, my many years spent in the field of insurance has shown me that this is almost always a bad idea.  Authors often present cancellation as a way to save money, arguing that there is no reason to carry collision coverage on an older model vehicle.  They reason that, due to the lower value of an older vehicle, the vehicle’s worth does not justify the coverage cost.   However, this is a half truth; it means nothing unless you are able to absorb the loss if the vehicle is wrecked and you are the at fault party.  For instance, you may be able to pay a few dollars a month more in your auto insurance bill for collision coverage, but if your vehicle was destroyed in an accident that was your fault, you may not be able to afford the several thousand dollars needed to replace the vehicle. In my experience, collision coverage does not greatly increase the cost of your policy.

Comprehensive coverage, which offers protection from fire, theft, vandalism, flood and broken glass, also does not cost much more per month.  If your windshield was broken, however, the cost to replace the windshield could easily be in the hundreds of dollars, outweighing the relatively minor cost for comprehensive coverage.

Unfortunately, many of us are “penny wise and pound foolish”, and are tempted to drop the collision and comprehensive coverages on an older vehicle.  I urge all insureds to reconsider dropping this coverage unless they are prepared to pay in full for the consequences.

About the Author: Bob Mertig is a claims consultant working under the supervision of Petersburg accident lawyer Paul Hux. Bob assists clients in resolving their personal injury claims.

Paul D. Hux, Petersburg personal injury attorney

Author: Attorney Paul D. Hux

It is reported that there are currently more than 500 million users of Facebook and that these users spend over 700 billion minutes per month on Facebook.  Interestingly, approximately 70% of Facebook users are outside of the United States.

Facebook is more than just individual people.  There are over 900 million objects that people interact with (pages, groups, events and community pages).  There are more than 30 billion pieces of content (web links, news stories, blog posts, notes, music, etc.) shared each month.

This, as you can already tell, is an amazing amount of traffic and information.  While the majority of the content and people are involved for the specific purposes of reacquainting with old friends or networking, there are some spammers and scammers out there that use your information for their own personal gain.  Some are trying to infect your computer with viruses that can range from the minor problem to the complete computer shut down. Others may just be looking for personal information they can sell or use.

Users should be aware that everything put on Facebook is in the cyberworld forever.  Please do not think that removing a sentence, thought or picture from Facebook erases its existence.  It can always be found by the savvy techie.  The key here is to never put anything on Facebook that you would not want your grandmother, mother, boss or future employer to see.

Here are some other useful tips to make your time on Facebook more enjoyable and safe.

1.         PRIVACY SETTINGS: Probably the most important tip to pass along would be to understand your Facebook privacy settings.

• You can make Friend Lists, which groups your friends into different categories (personal friends, acquaintances, work).  You can then use your security settings to select who can see what (and who cannot).
• You can limit who can find you and what they can see.  You can restrict which people can find you on Facebook plus what is actually viewable on your profile page..  The “settings” menu and “privacy settings” control this information.

2.         PERSONAL IDNETIFYING INFORMATION:  Do not post your address, phone number, place of employment, or organizations you belong to on your profile. Do not list the year of your birthday;  list only the date.  Too much information makes it easier for your identity to be taken over or for someone to locate and potentially stalk you.

3.         ONLY “FRIEND“ PEOPLE YOU KNOW:  Do not “friend” people you do not know.  Criminals often use fake profiles to send spam or even worse, steal personal information.

4.         LIMIT DOWNLOADS:  Be careful about downloading extra applications for your Facebook page.  Make sure others are using this page and have positive comments about it.

5.         BE CAREFUL OF LINKS:  Be careful when you click on links that you receive in messages that you think are from your “friends.”  Viruses have been known to generate these messages and exist in these links.

6.         KEEP YOUR LOCATION PRIVATE:  Protect where you are.  You should not list your home address.  When out and checking Facebook from a different location, not a good idea to describe where you are in a post because that means you are not home and therefore your house is probably empty.  Also, posting that you are on a family vacation tips people off that your house is available to be robbed.

All of these are common sense tips to protect you identity and to keep you and your family safe.  But we all need to know that there are ways Facebook provides to accomplish these goals.

Remember, do not over share and try to be conservative in what you post.  So even if your settings are not perfect, nothing will show up on your boss’s news feed that would embarrass you.  Think before you post – would you want that post to “go viral”?   Remember that your “friends” may re-post whatever you post, and they may not have any privacy settings at all!

About the Author: Paul Hux is a car accident attorney in Petersburg, Virginia with the personal injury law firm of Allen & Allen. Paul has 20 years of experience helping Petersburg, VA and Southern Virginia clients recover damages after car crashess, boating accidents, wrongful death and brain injury.
Become a Fan of Allen & Allen on Facebook.

Scott Fitzgerald, Law Clerk

Author: Scott Fitzgerald, Law Clerk

Crash test rating systems for new cars have been around for many years, but recent changes in technology and methods are a significant improvement.  The latest reforms have also refined testing procedures and streamlined the ratings system to make it easier for the consumer to understand how well each vehicle performs in a car crash.  Last fall U.S. Transportation Secretary Ray LaHood and the National Highway Traffic Safety Administration (NHTSA) announced that the “5 Star Safety Ratings System” will now evaluate cars based on whether they use crash-prevention and crash-protection technologies.[1] Although the old ratings system also used 5 stars, in recent years most new vehicles were receiving the system’s highest rating, which discouraged innovation in the field of new safety technologies.

The new ratings system awards points for whether vehicles use three of the latest technological developments.  The first is called Electronic Stability Control.  ESC detects loss of steering control by the driver and automatically applies the brakes on one side of the car to correct driver mistakes.  Another cutting-edge advancement is called the Lane Departure Warning System, which monitors lane markings on the road and warns drivers of unintentional drifting.  Lastly, cars receive additional points for using the Forward Collision Warning System, which detects vehicles and objects ahead in the road and cautions drivers of impending collisions.  As NHTSA Administrator David Strickland explained, “[w]e want consumers to embrace these new safety technologies as a way to make vehicles safer …  [These systems] offer significant safety benefits and consumers should consider them when buying a new car.”[2]

The NHTSA also added Side Pole Crash Testing, which simulates a side impact with a tree or telephone pole by analyzing how well a vehicle fares in a 20 mph collision with a 10 inch pole.[3] For the first time, the tests used smaller female dummies to compare how the female body reacts differently than males to the same car crash.  For all frontal crash tests, the female dummy was placed in the passenger seat.  Secretary LaHood said, “[w]ith our upgraded Five-Star Safety Ratings System, we’re raising the bar on safety.  Through new tests, better crash data, and higher standards, we are making the safety ratings tougher and more meaningful for consumers.”[4]

The overhauled ratings system also includes an Overall Vehicle Score that combines the results of all tests to make it easier for consumers to readily identify which automobile will help avoid a collision and keep them safest when a collision does occur.[5]

About the Author: Scott Fitzgerald is a law clerk with Virginia injury law firm Allen, Allen, Allen & Allen. This article is brought to you by the Petersburg car crash attorneys of the personal injury law firm. If you have been involved in a car crash, call an experienced car crash attorney in Petersburg, Virginia.

[2] Karen Aldana, U.S. Transportation Secretary Ray LaHood Rolls Out Upgraded 5-Star Vehicle Safety Ratings System, NHTSA, October 5, 2010, available at http://www.nhtsa.gov/PR/NHTSA-13-10.

[3] To watch a video of cars undergoing this new side pole crash testing, see http://www.autoblog.com/2009/11/18/pole-dance-nhtsa-to-add-new-side-impact-crash-test-w-video/.

[4] Karen Aldana, U.S. Transportation Secretary Ray LaHood Rolls Out Upgraded 5-Star Vehicle Safety Ratings System, NHTSA, October 5, 2010, available at http://www.nhtsa.gov/PR/NHTSA-13-10.

[5] To see how each make and model fared, see http://www.nhtsa.gov/PR/NHTSA-13-10 .

Download the Mobile Accident App Today

P.I. firm offers accident guide phone app

Allen, Allen, Allen & Allen’s My Lawyer™ Accident App guides users through what to do during and after an accident.

The personal injury law firm of Allen, Allen, Allen & Allen is pleased to announce the launch of its new, FREE mobile app for Android Smartphones. The My Lawyer™ Mobile Accident App guides users through the immediate steps to take after being involved in a car accident. Allen, Allen, Allen & Allen is bringing this mobile app to Virginians because the firm had concern that drivers may not know what steps to take after an accident to protect their rights and secure evidence.

“There is a lot of talk about avoiding accidents but not a lot of discussion about what to do if you are in an accident. The minutes after a car accident can be scary and confusing” says attorney Courtney Van Winkle. “Often those involved are shaken up and not thinking clearly. The My Lawyer™ Accident App can dial 911, guide the user through documenting the accident, fault, property damage and injuries. It will also explain your rights under Virginia accident law.”

My Lawyer™ Accident App gives the user pertinent information about legal rights in Virginia in the event of a car accident. The app arms the user with vital tools and checklists that allow you to organize and document important evidence after an accident. You can catalog photographic evidence, keep witness and insurance information and more. It even has a fun quiz to test your knowledge about your legal rights.

Allen, Allen, Allen & Allen’s My Lawyer™ Accident App is FREE for anyone with an Android Smartphone. The app will also soon be available for iPhone. If the app’s user is injured outside of Virginia, it will help connect him or her with an attorney who can help.

Features of the My Lawyer Accident App:

• Know what to do at the scene of the accident
• Dial emergency help
• Record all pertinent accident information
• Take photos
• Document injuries
• Be informed of relevant state laws
• Know what to do after an accident
• Accident check list
• Free phone consultation if you think you may need a lawyer
• Free case evaluation
• Fun legal knowledge quiz

For more information about the My Lawyer™ Accident App or to download, visit: http://www.allenandallen.com/my-lawyer-app.html

Paul D. Hux, Petersburg personal injury attorney

Author: Attorney Paul D. Hux

On December 30, 2010, Governor Bob McDonnell informed the citizens of the Commonwealth that traffic fatalities reached a record low in 2010 for the second straight year in Virginia.  As of that date, he reported, there were 715 road deaths reported statewide as compared with 750 on this same last year.  This decrease occurred even with drivers logging more miles than any previous year.  The data represents a 5 decrease in fatalities from 2009, and a 30% decrease from the record high of 1,026 fatalities in 2007.[1]

Many different groups and reasons can be cited for this improvement.  One cause is state and local law enforcement agencies have implemented more programs to monitor motorists (Click It or Ticket, Operation Air, Land and Speed, Operation Combined Accident Reduction Effort (C.A.R.E.), and Checkpoint Strikeforce campaign).  Another cause is media blitzes aimed at preventing drunk driving, reckless driving and driver inattentiveness.  Yet another contributing cause is better driver education for younger and newer drivers.

But we must remember, until there are zero deaths on the highways of the Commonwealth, we have not reached our goal in achieving traffic safety.  While the number of fatalities is lower, the loss to each of the 715 families of the fatalities last year is no less.  We all must be responsible for our driving.  We need to be more vigilant as we travel, use our seat belts more, avoid distractions, drive the speed limit and certainly not drive impaired.

In Virginia, the data shows that a crash occurs on our roadways every 4.5 minutes leading to more than 2 lives being lost and 173 people being injured every day.  Let’s all do our part to make the highways and byways of the Commonwealth safe for you, your family and your friends to travel.

About the Author: Paul Hux is a car accident attorney in Petersburg, Virginia with the personal injury law firm of Allen & Allen. Paul has20 years of experience helping Petersburg and Southern Virginia clients recover damages after car accidents, boating accidents, wrongful death and brain injury.

Robert L. Mertig

R. Clayton Allen

Authors: Bob Mertig & R. Clayton Allen, Esquire

When you purchase auto insurance in Virginia(1), there are several types of coverage on the policy that are optional.  One of these is Medical Payments coverage.  Medical Payments coverage is a “first party coverage” which you may purchase in addition to the basic liability coverage when you insure your vehicle in Virginia.  By law, the insurance company must offer this coverage to you.[2] Medical Payments coverage reimburses you for medical expenses even if the bill has been paid by your health insurance provider, as long as the treatment was for an injury involving a motor vehicle.[3]

By law, the medical payment coverage will pay, up to the limit of the coverage, for those expenses incurred for services rendered within three (3) years from the date of the accident.  It applies to anyone who may be occupying your vehicle with permission.  The coverage also applies if you are struck by an automobile while as a pedestrian, a bicyclist, or even as a passenger in someone else’s car or on a motorcycle.  However, if you are operating another vehicle that you own that is covered by a policy that does not have medical payments coverage, then you are not covered.  Medical payments coverage also pays regardless of who is at fault or any other insurance coverage that may applies to the same expenses.  So even if you are driving down the road, fall asleep at the wheel, run off the road and hit a tree, medical payments coverage will pay your medical expenses for any injuries you sustain.

Medical payments coverage is good coverage to have for a lot of reasons.  First, auto accidents are the most common cause of serious injuries in the United States today.  Second, many times health insurance has deductibles or co-pays, so that you may still owe a significant amount after health insurance pays their part.  Medical payments coverage will help pay most or all of that, so that you don’t end up having to pay out of your pocket. Third, medical payments coverage is relatively inexpensive. Often a limit of two to five thousand dollars may cost less than fifty dollars a year. Fourth, medical payments coverage covers not only you but your spouse and children who live with you also.

Check the Declaration Page of your auto insurance policy to see if you have medial payments coverage.[4] If you don’t, then discuss purchasing this coverage with your insurance agent.  You can add this coverage at any time.  Many of our clients who don’t have this coverage wish they did.[5]

About the Authors: Bob Mertig is a claims consultant working under the supervision of Petersburg accident attorney Paul Hux. Bob assists clients in resolving their personal injury claims. Clayton Allen is a Richmond accident attorney and is a seasoned litigator. He has successfully handled all types of personal injury cases including brain injury, car accidents, trailer trailer accidents and wrongful death.

[2] See Va. Code §38.2-2201, at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+38.2-2201 .

[3] The form Personal Auto Insurance Policy in Virginia states the injury must be caused by an accident and either while “occupying” a motor vehicle or being struck as a pedestrian. “Occupying” is defined as “in, upon, or getting in, out or off” of a motor vehicle.  (There are further exclusions limiting coverage to only four wheel motor vehicles and those designed for use mainly on public roads).  See Personal Auto Insurance Form Policy at http://www.scc.virginia.gov/division/boi/webpages/auto/PP00010105.pdf.

[4] The “Declaration Page” is the page that shows your name and address, the policy number, what vehicles are covered, what coverages you have, and the premium for each overage.  Normally the word “Declarations” appears somewhere on the page.

[5]This article attempts to summarize what medical payments coverage is and what it covers. There are a number of conditions, exceptions, and limitations which apply and are beyond the scope of this article. For more information, consult with an attorney who specializes in Automobile Insurance claims.