Paul D. Hux, Petersburg personal injury attorney

Author: Paul D. Hux, Petersburg Personal Injury Lawyer

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

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

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

So – what can we do ?

1. Lead By Example

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

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

2. Continue To Educate

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

3. Set Expectations Before Your Teenager Starts To Drive

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

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

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

Richmond personal injury attorney Courtney Van Winkle

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.

Richmond personal injury attorney Courtney Van Winkle

Author: Attorney Courtney Van Winkle

As we walked out of the gym, I could tell my 8 year old was brimming over with excitement. He had just scored his first bucket in his first basketball game with a 10 foot hoop. His 13 year old sister pumped him up even more by telling him she didn’t score a basket until the next to last game of her first year. As we walked to the car Matt said, “Hey Mom can I sit in the front seat to celebrate?” Like many parents, I was tempted, but …

Car accidents are a leading cause of death for young children in the United States. Every year thousands of children are killed or injured in car crashes. As a personal injury lawyer, I know all too well the anguish and devastation brought upon families whose member’s lives are changed forever when their children are seriously injured. Every time we get into a vehicle, there are so many factors affecting our welfare that are beyond our control.  The drunk driver.  The texting teen.  The adult preoccupied on the cellphone while driving.  The truck driver who barrels down the highway after driving well over the minimum hours.  These things are beyond our control, but what does lie solely within our control as parents is making sure that our children are properly restrained in the right car seat for their age.  If we make sure of that, then if we do get involved in an automobile collision, our children have the best chance of avoiding serious injury or death.

One of the most important jobs we have as a parent is keeping our children safe when riding in a vehicle. How do we do this? Start with these safety tips:[1]

• Always use a car seat when transporting an infant or child
• All children under 12 should ride in the back seat.
• Keep children in a booster until they are at least 8 years old (unless 4 feet 9 inches or taller)
• Never allow a child to place a shoulder belt under his arm or behind his back
• Make sure the shoulder belt fits snugly across the chest and over the shoulder
• Never secure a child with a lap belt only
• For Infants (Birth to at least 1 year AND at least 20 pounds) use an Infant Only or a convertible seat in the rear facing position only
• Be diligent about properly securing a car seat
• Be diligent about properly choosing a rear facing or forward facing car seat based on the size and age of your child[2]
• Never try to hold a child in your lap
• Never allow anyone to share seatbelts
• Do not use a car seat that has previously been involved in an automobile accident

My son didn’t wait for the answer he already knew; he went straight to the backseat.  As I started the car, my mind drifted to my 13 year old sitting next to me, my 15 year old looking forward to getting his learner’s permit soon, and my 18 year old out on his own who has been driving for over 2 years now.  I know I can’t protect them from all the perils of the road, but I can reduce their risk by an estimated 50 to 83 percent by use of proper restraints in the car[3].  Those are numbers we can’t afford to ignore.

About the Author: Courtney Van Winkle is a Richmond car accident attorney with almost 20 years of experience. As a partner with Allen & Allen, Courtney concentrates her practice on accidents involving cars, tractor trailers, brain injury and wrongful death claims.

[2] For specific information about use of carseats, see references in footnote 1 above.

[3] See safety statistics compiled by the National Highway Traffic Safety Administration at http://www.nhtsa.dot.gov/.

Egena Younger

Author: Egena Younger

It’s that time again.  Everyone is busy shopping and looking forward to the festive events associated with the ending of another year.  We are all trying to spend less time outside and avoid the cold temperatures. The days are shorter and the nights are colder.  Yes, winter is upon us.  Iit is time to prepare for the cold temperatures and the unpredictable precipitation we have come to experience in Virginia.  Preparation takes a minimal amount of time and effort, but can prove to be essential to having a safe and enjoyable season.

Winter requires a lot of your vehicle and being sure it is functioning properly is just as important as being sure your home is properly prepared for winter.  The following list of suggestion may help you avoid unnecessary vehicle problems during this winter.

1.    Replace your windshield wiper blades and the wiper fluid with a wintertime fluid.

2.    Flush the cooling system and replace the coolant.

3.    Put together an emergency winter kit for the trunk of your car that  includes an ice scraper, blanket, small snow shovel, flashlight, ice melt, and kitty litter if needed for traction.

4.    Keep the gas tank near full to avoid ice or moisture in the tank or running out of gas.

5.    Keep a tire gauge to check the tire pressure and a tool kit in your car at all times.

6.    Try to never leave home without your cell phone and a car cell phone charger.

7.    Be sure you have a fully inflated spare tire, as well as the proper tire changing equipment needed to change the tire.  (If you are not familiar with how to change a tire on your vehicle, then make sure you have the owner’s manual in the car. If it’s lost, you should be able to download or purchase a new on on-line).

8.    Replace worn tires and be sure the air level is appropriate, since air in tires contracts in cold temperatures.

9.    Check your battery.  Make sure the battery’s posts and connections are corrosion-free and that the battery has sufficient water levels. If your battery is more than three years old, have it tested to ensure its ability to hold a charge. However, having jumper cables could prove to be extremely beneficial should you happen to leave your lights on or have an unforeseen loss of battery power.

10. Be sure your heater and vehicle’s windshield defrosters are working properly and all fluids are at appropriate levels.

11. Try to avoid traveling in severe weather, but if you must do so, be aware of where you are and what options are available, should you need to pull off the road due to conditions that cause limited visibility (A navigation system is an invaluable resource).

The Allen Law Firm appreciates serving our community and hopes this information is helpful.  We wish you and your loved ones a safe winter and a joyous season filled with holiday cheer.

About the author: Egena Younger is a claims consultant in the Chesterfield personal injury law firm of Allen & Allen. Working under the supervision of Chesterfield car accident attorney Trent Kerns, Egena assists clients in their auto accident injury claims.

Richmond Personal Injury Attorney Priscilla Woody

Author: Attorney Priscilla Woody

Everyone is looking forward to the winter holidays, whether they celebrate Thanksgiving, Christmas, Hanukkah, Kwanzaa, Boxing Day, New Years, other religious or national holidays, or just the winter break with family and friends.  Many people travel by car to get to their celebrations, and the preparations for exchange of gifts and entertaining often involve lots of shopping trips by car.  In the Commonwealth of Virginia, as well as elsewhere, motorists can expect heavy congestion during this period of holiday travel.  The Commonwealth of Virginia offers a number of helpful travel resources and information.[1]

Some Safe Holiday Driving Tips

Motorists can reduce the risk of a crash or serious injury by following these safe driving tips:

• Buckle up- Seatbelts saves lives, and it’s the law. This year, Virginia has a new expanded law for minors wearing seatbelts that lets police ticket drivers for operating vehicles in which even 16- and 17-year-old children are riding in the back seat without seatbelts. (Virginia law requires all children under age 18 to wear seatbelts, and all children under age 8 to be in an approved child safety seat).[2]
• Obey speed limits – The Virginia Department of Transportation (VDOT) has recently raised the speed limits on many of Virginia’s highways and interstates from 65 to 70 mph, so be alert for current speed limits.
• Avoid distractions – Try to avoid cell phone use.  Increasingly, cell phone use is being associated with a large number of accidents.  Some studies have even concluded that cell phone use impairs a driver’s concentration more than being intoxicated ![3] As a result, experts estimate that as many as 28% of car accidents in 2009 were caused by cellphone usage.[4] Also, don’t text and drive.  In Virginia as well as many other states, it is against the law to text while driving.[5]
• Drive drug- and alcohol-free.  Driving a motor vehicle is like operating a several thousand pound missile down the road. You need all your faculties to do so safely.
• Share the road – Further enhancing safety regulations for police and others, Virginia’s revised “SLOW DOWN MOVE ON LAW” is intended to protect police and emergency workers engaged in enforcement or rescue work on the side of a highway using blinking, flashing or alternating red or blue lights.  Under Virginia as amended, a driver is required to either change lanes to move away from the scene of the action, or, if that’s not possible, slow down while passing.  Virginia’s “Move Over law” expanded the lane changing requirements to include tow trucks and highway service vehicles using amber lights.  Now motorists must move to the next lane, when possible, when approaching and passing vehicles with flashing blue, red or amber lights stopped on the side of the road. Drivers should bear in mind that not all police and emergency vehicles will be marked as such; they could be unmarked vehicles or privately-owned vehicles operated by police and firefighters. Therefore, drivers should continue to proceed with caution as if the vehicle was owned and operated by police, firefighters, or other civil defense agents. This also avoids the danger of a motorist on the side of the road suddenly opening a door into the adjacent travel lane.
• Move your vehicle to a position of safety after an accident. If you’re in a fender bender with no injuries and you can move your vehicle from the travel lanes, you should do so. It’s allowed by the law. Virginia’s “Move It” law states, “If the driver is capable of safely doing so and the vehicle is movable, (you) may move the vehicle from the roadway to prevent obstructing the regular flow of traffic.”[6] The law adds that moving your vehicle does not relieve law-enforcement officers of their duty to file a report of the accident. When you leave your vehicle on the road after a crash, you add to traffic back-ups, which may cause other more serious crashes in terms of property damage and personal injury.

Pay attention to Traffic Alerts and Work Zones:

• Drive at the posted speed limit. The fine for speeding in a work zone can be $500.
• Proceed with extreme caution. Expect anything in construction sites.
• Be aware – especially of construction vehicles moving in and out of work zones.
• Obey signs, channelizing devices and pavement markings. They will guide you through the work zone.
• Don’t change lanes or pass. The time saved is not worth the risk.
• Leave plenty of room between your vehicle and others around you. Unexpected stops and slowdowns frequently occur in work zones.
• Watch for flaggers. Their direction will get you safely through the work zones.
• Look for changes. A work zone might have changed since your last trip.

Virginia Highway Travel Resources

Virginia has a traveler’s assistance website www.511Virginia.org, that provides real-time travel information, such as delays due to accidents, weather or congestion.  You can plan the route for your trip, view real-time traffic cameras, and get information about planned construction that could delay your travels. If you are already on the road, call 511 for the latest travel information. To report a road hazard or to get answers to your transportation questions, you may also now call VDOT’s Customer Service Center at 1-800-FOR-ROAD (1-800-367-7623) around the clock.

Be safe & enjoy the holiday season accident-free!

About the Author: Priscilla Woody is a auto accident lawyer in Richmond VA. She handles car accident cases for Richmond truck accidents as well as personal injury cases involving motorcycle crashes and wrongful death.

[1] For weather-related road condition alerts, see http://511virginia.org/RoadConditions.aspx?j=All&r=6. For winter weather preparedness tips, see http://www.vaemergency.com/.

[2] See explanation at http://www.vahealth.org/Injury/safetyseat/laws.htm. For the actual statute, see Va Code §46.2-1095 at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1095.

[3] See recent blog article “Bad Calls: Mixing Driving With the Use of Cell Phones” at http://www.allenandallen.com/blog/driving-and-cell-phones.html, and studies cited therein.

[4] Based on National Highway Traffic Safety Administration and Virginia Tech April 2006 study, “The Impact of Driver Inattention On Near-Crash/Crash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data”, at http://www.nhtsa.gov/DOT/NHTSA/NRD/Multimedia/PDFs/Crash%20Avoidance/Driver%20Distraction/810594.pdf, and analysis done by the National Safety Council as reported at http://www.nsc.org/news_resources/Resources/Documents/Cell%20Phone%20Fact%20Sheet%2012-09PCIrevisions.pdf .

[5] “Nineteen states and the District have banned it, but in four of those states, Virginia, New York, Washington and Louisiana, the laws require that an officer have some other primary reason for stopping a vehicle.” See Washington Post article, “28 percent of accidents involve talking, texting on cellphones”, 1/13/10, at http://www.washingtonpost.com/wp-dyn/content/article/2010/01/12/AR2010011202218.html. See also Va. Code § 46.2-1078.1, described in blog article Texting and Driving – What the Law in Virginia Actually Says.

[6] See Va. Code § 46.2-888, at http://leg1.state.va.us/000/cod/46.2-888.HTM.

Fredericksburg Injury Attorney Tamara Jezic

Author: Attorney Tamara Jezic

Most of us with small children are keenly aware that everyday objects in our homes can be hazardous to babies and small children.  We spend time and money baby-proofing our homes.  We secure bookshelves to the walls, cover electrical outlets with plastic outlet covers, install gates at the top and bottom of stairways, replace or shorten venetian blind cords, and lock medicine cabinets, to name a few examples.[1] We should be equally vigilant about child-proofing our vehicles.

The most important safety concern for children in vehicles is the car seat.  The American Academy of Pediatrics (AAP) recommends that infants and toddlers up to the age of two ride in rear-facing car seats.  Make sure the car seat is appropriate for the child’s age or weight, be sure to buckle the child into the seat correctly, and fasten the seat into the car properly.  Visit http://www.seatcheck.org/ to find a technician who can inspect your child’s car seat and make sure it is installed correctly.

When child-proofing your car, keep an eye out for hazards you would look for at home.  Keep your vehicle free from choking hazards.  Make sure chemicals are out of the child’s reach.

Before backing out of your driveway, and before backing out of any parking space where children might be present, make sure no child is near the rear of your car.  Back out slowly.  Consider investing in a rear-view back up video camera so that you can see what is behind your vehicle when you put your car in reverse.

Getting into certain habits while transporting your child will help keep your child safe. First, always be certain that a child is not in the car when you leave it unattended.  Tragically, 15 to 25 children in the United States die every year after being left in cars on hot summer days.    Second, inspect your vehicle in the front and back before walking away from the vehicle.  Put your briefcase or purse in the back seat so that you have to check the backseat before you leave the vehicle.  Third, get others to help you double-check on your child.  Ask your child care provider to call you if your child is absent from child care.  Call your spouse or partner after dropping the child off at child care to let him or her know how drop off went.

Of course, to keep your children safe in the car, keep your eyes on the road.  Do not attempt to feed a child, pick up toys, or resolve a conflict between siblings while driving.  Give children plenty of things to keep them occupied while traveling.  If a child needs attention, pull into a safe area, stop the car, and attend to the child.[2]

These steps may seem simple or unnecessary, but following them will help you keep your children safe.  And isn’t that what we all want?  Remember the old saying: better safe than sorry.

About the Author: Tamara L. Jezic is a Fredericksburg car accident attorney with the law firm of Allen & Allen. Tamara received a B.A. from Georgetown University and attended Harvard Law School. She works primarily in the Fredericksburg and Garrisonville offices and is fluent in both English and Spanish.

[2]For more information, see Consumer Reports article “Guide to Childproofing and Safety “ at http://www.consumerreports.org/cro/babies-kids/resource-center/guide-to-childproofing-and-safety/getting-to-know-your-car-seat/getting-to-know-your-car-seat.htm

Paul D. Hux, Petersburg personal injury attorney

Author: Personal Injury Attorney Paul D. Hux

Here comes summer and with it the opening of the multitude of pools that may be in your area. There is nothing better than jumping into a pool on one of our hot and humid days in Virginia.

But pools can be dangerous if proper safety precautions are not taken. You can never be too careful when it comes to being around water, especially for children. Each year over 300 children under the age of five drown in swimming pools. Approximately 3,000 children in that same arge group end up in hospital emergency rooms for injuries received in and around pools and spas. Nationally, drowning is the leading cause of death for children under five years of age.

So what can each of us do to make our visits to the pool safer for our families and for others?

• Supervision – there is no substitute for keeping a close eye on someone.
• Make sure children know how to swim.
• Teach children some basic water safety tips.

• Learn CPR and basic First Aid.
• If a child is missing, always look in the pool first. Seconds count in preventing death or disability.
• Never dive into an above-ground pool.
• Only dive from the diving board into an in-ground pool, and never from the side.
• Always remember to keep your hands in front of you when diving.
• Alcohol and pools do not mix – you need to be aware and alert not only for yourself, but also for your family and others.
• NEVER swim alone! Too many unexpected things can happen.
• Know the water depths and where the drop-offs are located.
• Stay away from bottom drains. The suction can attach to your bathing suit or skin hold you under.
• Know your limits while in the pool and keep an eye on others to make sure they are ok.

• Do not use floatation devices as a substitute for knowing how to swim or for supervision.
• No running and no horseplay on the deck – injuries are common from falls when running or playing on the deck. Wet decks are slippery!
• Finally, remember to wear sunscreen for your skin – re-apply approximately every 45-60 minutes when swimming for maximum protection.

Pools are wonderful places to spend your summers, but they can be dangerous and even deadly. A little preventive education will go a long way toward making your summer fun and safe.

The US Product Safety Commission has great information on safety tips when you are in and around pools and hot tubs. For more information, see:
http://www.cpsc.gov/cpscpub/pubs/chdrown.html.

About the Author: Paul Hux is a Petersburg accident attorney with the personal injury law firm of Allen & Allen. With a strong work ethic, he is dedicated to meeting the needs of every client.

Attorney Elizabeth M. Allen

Author: Attorney Elizabeth M. Allen

With the Holidays come family gatherings, office parties, socializing with friends and Year End football game get-togethers. These are occasions we look forward to all year. But there can be a dark side to the holiday cheer: drunk driving and the injuries and deaths that result.

Every December we see a spike in highway fatalities in the United States during the Christmas and New Year Holiday periods. In 2005, there were 193 deaths involving at least one impaired driver during the three day New Year weekend. Another 160 people died over the three day Christmas weekend in 2006. These grim figures do not reflect the other horrific consequences of such accidents: a child’s loss of a parent, a wife’s loss of her wage earning husband, and the severe injuries and lost income innocent passengers may suffer.

It’s up to each and every one of us to do our part to prevent these tragedies. Remember, everyone has a role to play in keeping drunk drivers off the road.

The driver. No one is more responsible for preventing drunk driving than you, the driver. No excuses! If you drink, you can’t drive.

• Line up a sober driver to take you home if you anticipate drinking alcohol during an evening out.
• Call a cab or set up a ride with a program such as Safe Rides or Sober Rides, which provide free rides home to intoxicated citizens.
• Watch what you drink and eat. Never drink too much too quickly. Put soft drinks or coffee into your mix of beverages. Don’t drink on an empty stomach.
Make sure you eat food at the same time you’re drinking.
• Stay overnight in a nearby hotel or motel, if you’re going to attend a Christmas party and you know you want to have more than one or two drinks during the evening. That way you can walk to your hotel room after the party’s over.

The host. Most of us enjoy hosting holiday parties for friends and family. However, with the decision to serve alcoholic beverages comes the responsibility to make certain our guests don’t leave the party so impaired that they are unable to drive safely.

• Serve a variety of food, coffee, and non-alcoholic beverages.
• Keep an eye on your guests as you circulate during the party. If you observe someone take more than one or two alcoholic drinks or you see someone who shows signs of intoxication, be pro-active. Determine whether the person expects to drive himself home. If so, intervene and ensure that a sober driver takes him.
• Provide a list of phone numbers for local cab companies and post it for your guests.
• Take the keys away and call a cab. Or call a family member or friend to give your guest a sober ride. If you can’t take care of the situation on your own, ask his friends (or yours) to help.

The family. Many of you know family members who drink too much at holiday parties. You recognize your husband, boyfriend, sister, or mother risks his or her life and the lives of others when he or she gets behind the wheel in an intoxicated state. Take a stand and be firm. No drinking and driving.

• Offer to take your family member to the party and pick him up afterwards.
• Arrange a ride with a responsible friend or a cab.
• If you are a parent worried that your teenager or young adult may drink and drive, try to establish an understanding or agreement on the subject. Explain that you are available 24/7 to pick your child up, wherever he is, if he or his friends believe he is too intoxicated to drive.

Friends. We hear it repeated again and again, but it’s true! Friends don’t let friends drive drunk. Do what it takes to keep an intoxicated friend from getting behind the wheel. Take his keys away. Move his car to a place where he can’t find it. Drive him home yourself. Call a cab, if you can’t drive him home either because you don’t have a car or because you’ve had too much to drink yourself.

You. Yes, you. You have a role to play in keeping drunk drivers off the roads. Watch out for them as you travel the highways and roads over the holidays. If you see driver conduct that suggests a motorist is driving while intoxicated, call the police and report the suspicious behavior immediately. Give location, vehicle make and model, and license plate number whenever possible.

For your own safety, think twice before you travel the roads and highways late at night during the Holidays. There are more intoxicated drivers on the road in the late evening and early morning hours. And be selfish! Don’t get into a car or onto a motorcycle operated by someone you know has had too much to drink!

Attorney Elizabeth M. Allen

Following these steps will help you protect yourself against a motorcycle accident

On the highway, motorcycles are “small fry”. They’re easy for autos and trucks to miss or disregard. Over the last decade, there has been an increase in serious and sometimes fatal injuries to motorcyclists. Consequently, responsible motorcyclists always stay alert to nearby vehicles and their surroundings. But that’s not enough if you want to take a safe ride.

What are some of the basics in motorcycle safety?

• Make it easy for automobile and truck drivers to see you.Wear bright colored clothing. Fluorescent, orange and/or yellow shirts, vests, jackets, and helmets enhance visibility during the day. At night, wear reflective material on helmets, vests/jackets, and even shoes. Remember, you must be seen from the side, not just the back and front. Put reflective material on the sides of your helmet, clothing and shoes, not just on the front and back. If a motorist can’t see you or your bike, he won’t take action to avoid you.
• Make it a habit to use your turn signals – always. Turn signals tell other drivers what you plan to do. They make your bike easier to see on the road. Nearby motor vehicle operators are more likely to notice your bike’s flashing turn signal than its activated taillight. Equally important, however, is the need to deactivate your turn signal as soon as you complete your turn or as soon as you decide not to turn after all. If your turn signal remains activated after you have made a turn, the driver behind you may assume you will turn again, and he may pull directly into your path.Enhance your visibility by tapping your foot brake lightly before you slow down, especially when you anticipate a quick stop. The flashing brake light will alert the driver behind you to your sudden change in speed.
• Stay out of blind spots.Motorcyclists are more at risk in a blind spot or no-zone than other motorists because their cycles are relatively small compared to trucks and automobiles. Whenever you approach a vehicle you may want to pass, you must make a choice, and quickly too. Do you really want to pass? If so, pass as fast as you reasonably can. If not, drop back, well out of the blind spot. The less time you spend in another driver’s blind spot, the safer you will be.As you travel along the roads and highways behind another vehicle, take care to position your bike where the other driver will be able to see you in his rear view mirror. Keep in mind that intersections are always dangerous. It’s where most motorcycle crashes happen because auto or truck drivers who approach an intersection sometimes fail to see the motorcyclist who has the right of way.
• Keep your headlights on night and day. Sound strange? Yes, but studies show that keeping your headlights on high beam during daylight hours increases your visibility to oncoming traffic and prevents accidents.
• Wear a Federal Motor Vehicle Safety Standard (FMVSS) No. 218- compliant helmet every time you ride your bike.It’s the law in many states so you may have no choice in the matter. Regardless, it is always safer to ride wearing a helmet that meets recognized Snell, ANSI, and/or Federal DOT standards. Statistics show helmets are 37% effective in preventing fatal injuries. What does this mean? For every 100 motorcyclists who die in motorcycle crashes, 37 of them would have been saved had they been wearing a helmet when the accident happened. And make certain your helmet is, in fact, a certified/compliant helmet. Watch out for helmets with false certifications or counterfeit stickers imprinted with a DOT symbol.Accidents happen close to home, not just far away. Never say to yourself, “Well, I’m just going a mile or two to the store or to a friend’s house, why should I bother with a helmet?” Helmets save lives. They give you some measure of protection against traumatic brain injuries in the event of an accident.In addition to helmet laws, there may be requirements in your state regarding face shields and safety glasses or goggles. Face shields protect your face from rain, dust, insects and flying debris. Goggles protect your eyes. Special regulations may control whether or not a motorcycle may carry a second passenger. This usually depends on whether your motorcycle is equipped with a permanent seat specially designed to carry a second person. A passenger who is not properly seated on a motorcycle is at increased risk of falling off a bike and accidental injury.
• Follow state and local traffic laws. Motorcyclists must follow the same “rules of the road” and traffic regulations as automobiles and trucks. These laws may be even more important to the safety of the motorcycle operator than to drivers of other motor vehicles. After all, motorcycles are not equipped with the same physical protections and restraints found in autos and trucks. Familiarize yourself with the general motor vehicle laws of your state. Just as important, study carefully the statutes directed specifically at the operation of motorcycles. They were enacted to help ensure your safety.
• Take a motorcycle rider skills training course.You can pay with your life if you don’t learn the essential skills necessary to operate a motorcycle properly and safely. Most everyone takes a driver training course to obtain an automobile driver’s license when they are teenagers. In fact, many states mandate such instruction because well trained automobile operators make for safer roads and highways. It makes just as much sense for motorcycle operators to take a skills training course given by a professional instructor and designed specifically for motorcycle operation.There are motorcycle rider skills training courses in most states. Your state department of motor vehicles should have information on such programs. And remember, there are skills training courses not just for the novice but for the more experienced rider as well. Take the time to refresh and refine your rider techniques by taking an advanced skills course every few years.
• Obtain the driver’s license endorsement you need to legally operate a motorcycle in your state.Statistics kept by The National Highway Traffic Safety Administration (NHTSA) tell us that 25% of the motorcyclists who died as a result of traffic accidents in 2004 were either not licensed at all or were not properly licensed to operate a motorcycle.
• Don’t speed.In 2004, 36% of all motorcyclists involved in fatal accidents were speeding at the time of the accident. It’s simple. Speed kills.
• Keep a safe distance behind other vehicles.Think you don’t have to maintain the same distance behind an auto or truck that an auto or truck must keep as it travels behind other vehicles? Wrong! A motorcycle ordinarily requires as much stopping distance as an automobile. Studies have shown that following too closely is a major cause of accidents on the part of the motorcyclist.
• Don’t ride in an impaired condition.It is no surprise that alcohol and other drugs play a substantial role in too many motorcycle accidents. In 2004, for example, alcohol was involved in a much higher percentage of motorcycle accidents (31% higher) than auto accidents. And worse, according to NHSTA, 41 percent of the 1672 motorcyclists who died in single vehicle crashes in 2004 had blood alcohol levels above the legal minimum of .08 g/dL. Never ride while intoxicated.
• Give your bike a “pre-trip” inspection. Long distance truckers give their tractor trailers daily pre-trip inspections and motorcycle operators should do the same with their bikes. For example, check tire air pressure and the hydraulic fluid level. Look for signs of an oil or gas leak. Do headlights and tail lights work in both high and low beam? Are your brake lights and turn signals operational? Do you need to refill your coolant reservoir? Clutch and throttle should work smoothly. Clean your mirrors and adjust them when needed. Engage your front and rear brake levers, one brake at a time, to ensure they are in working order.
• Never ride someone else’s bike without first familiarizing yourself with its particular features and/or without giving it a pre-trip inspection. Don’t assume that someone else’s bike is just like yours. Make sure you know the location of the turn signals, the horn, the headlight switch, and the engine cut-off switch. Familiarize yourself with the controls and the bike’s gear pattern. Practice working the throttle, clutch and brakes a few times before you take a borrowed bike for a spin.
• Beware of road surface and other hazards. Road surfaces that may not be so dangerous for auto and truck drivers may be very dangerous for the motorcyclist. Gravel roads, wet pavement, wet pavement with oil slicks, and paved roads with loose sand and gravel are especially treacherous. These surfaces provide poor traction for motorcycles traveling along them. Motorcyclists should think twice about taking their bikes out at all in mud, snow, or icy conditions. In Autumn, wet leaves can cause problematic conditions as well.Uneven surfaces can be dangerous. The motorcyclist should drive especially carefully when passing over bumps, broken pavement, potholes, railroad tracks, steel plates, grates, manhole covers or raised lane and highway markers, to name just a few.
• Remember that darkness reduces visibility on the road. If a motorcycle can sometimes travel unnoticed by traffic nearby in broad daylight, the situation at night is even more hazardous. Darkness reduces visibility. At night, it is more difficult for other drivers to see your relatively small motorcycle or to pick up its headlights and tail lights from among the myriad of other vehicle lights surrounding you.It’s up to you to keep the odds on your side. Drive slower at night. Keep a greater distance between you and the vehicle directly ahead of you. Unless you are following immediately behind another vehicle or another vehicle is approaching you from the opposite direction, use your high beams. They will help you see unexpected obstacles or animals in the road in front of you.
• Always remain alert to your surroundings and nearby vehicles.You can’t take action to avoid a potential accident if you are not aware of the danger. There are negligent motorists on the roads. They may drive recklessly so defensive driving is essential. What is one of the most deadly maneuvers a motorcyclist is likely to confront everyday on the road? It is the other driver who turns left in front of the cyclists while the cyclist is doing one of three things: (1) traveling straight, (2) passing the other vehicle, or (3) overtaking the other vehicle. In 2004, 39% of fatal motorcycle accidents occurred under one of the foregoing fact patterns. Do what it takes to ensure the other driver knows you are in his path if he decides to turn left in front of you.

Following the suggestions outlined above will make for safer motorcycle operation. The stakes are high. And who has a greater interest in motorcycle safety than the motorcyclist himself? The cyclist who takes responsibility for ensuring he has taken every precaution to make his ride a safe one is less likely to find himself injured in a serious accident.

Here are a few of the things you need to know about driving motorcycles and Virginia law.

• Virginia law mandates that all motorcycle operators and passengers wear protective helmets which meet or exceed the standards and specifications of the Snell Memorial Foundation (Snell), the American National Standards Institute (ANSI) or the federal Department of Transportation (DOT).(Va. Code 46.2-910).

• Virginia law requires that, at all times while operating a motorcycle, an operator must wear a face shield, safety glasses or goggles or have his motorcycle equipped with safety glass or a windshield. This equipment must comply with the standards and specifications of Snell, ANSI, or the DOT.

• Virginia law provides special regulations for motorcycle passengers. A second person (passenger) may not ride on a motorcycle unless the motorcycle is designed to carry more than one person and the passenger rides on the permanent seat designed for that purpose or on a seat firmly attached to the rear or side of the operator’s seat.

• Under Virginia law, a person who operates a motorcycle must have a valid Virginia driver’s license with a Class M designation/endorsement or a motorcycle license. To obtain such a license, the applicant must take and pass a special examination which includes written material and a road test. (Va. Code 46.2-337). With the successful completion of a motorcycle rider safety training course offered by a qualified provider, the Department of Motor Vehicles may waive the written test and/or road test.

Want to know more about motorcycle licensing and safety? The Virginia Department of Motor Vehicles has published a Virginia Motorcycle Operator Manual. You can obtain a copy at your local DMV Office or download a copy at www.dmv.com.

If you have been injured in a motorcycle accident due to the negligence of others, call the motorcycle accident attorneys at Allen and Allen for a free consultation at 866-388-1307.

Attorney Elizabeth M. Allen

Author: Elizabeth M. Allen

It’s that time of year. Schools are opening, and children are traveling on school buses again. Over and over, students will hear the same admonitions: “stay seated and talk quietly during your bus ride”, “don’t stand or play in the aisle”, “follow the bus driver’s instructions”, and “don’t throw things in the bus or out the window”. These are all important rules of safety and civility that parents should discuss with their children to prevent school bus accidents. This year, however, you should consider spending extra time talking about those safety rules that are most likely to save your child’s life.

What is the most serious danger facing children who take a bus to school every day? It’s being struck by a motor vehicle, whether they are waiting at the bus stop, getting on and off the bus, or walking away from the bus after they get off. This danger isn’t simply limited to cars, trucks or motorcycles, a school bus can strike and kill a child just as easily.

When you talk about these safety issues with your child, start the discussion at home but continue the conversation at the bus stop. You need to assess the relative dangers your child will confront at his bus stop. You must ask yourself a number of questions about the location of the bus stop and the times of pick-up and drop-off. For instance, will your child be standing on a sidewalk in a well lit and safe area of your city or will your child be standing at the end of a dark, gravel driveway on a country road? In the fall and winter, will your child be picked up at dawn, dusk, or when it’s dark? Will your child be picked up at a bus stop that is on a long, straight street, or at a bus stop near a curve in the road? Is the bus stop located on a busy street that lots of trucks and buses occupy or on a quiet street that ends in a cul-de-sac?

What are some of the critical issues to keep in mind to prevent school bus accidents?

• Visibility. You don’t want your child to stand close to the road itself because this will put him in a danger zone. Regardless where he stands, however, it is always a good idea for any child standing or walking near a road to wear clothing that makes it easy for passing motorists to see him. Bright yellow, orange, and white clothes are helpful. If your child stands at a bus stop early in the morning or late in the day, he should wear clothing made with at least some reflective material, be it a jacket with reflective stripes or shoes, book bags, and hats with reflective tape. The headlights of a vehicle will pick up reflective clothing and gear from as far away as 500 feet.
• Your child must stand in one safe place you designate for him, and wait quietly for the bus. After looking carefully at your child’s particular bus stop, you must decide where it is safest for him to stand and wait for the bus. Usually, this will be about ten feet away from the road and the bus stop. In most school districts, the same bus driver will pick up your child every day. Talk to the driver and tell him where you would like your child to stand and wait. This way he will know where to look for your child when he approaches the bus stop. He can also share with you his experience and give you advice about the safest places children can wait for school buses.
• Danger Zones. Your child is entering a danger zone when he approaches within ten feet of a school bus, from any direction.
• Your child should stand back and allow the bus to come to a full stop, the door to open, and the driver to give the “OK” before he moves to step onto the bus.
• Like trucks and cars, a school bus has blind spots or no zones where it is difficult for the driver to see vehicles or pedestrians approaching. A student should never walk behind a school bus for any reason and certainly should not cross the street there. The bus driver may back up suddenly.
• Crossing the street is always dangerous, and a child should cross the street in front of the school bus. Immediately after descending from the bus, he should turn left, walk straight for at least ten to fifteen feet, and then make eye contact with the driver before he starts to cross the street in front of the school bus. Your child needs to understand that if he cannot see the bus driver, from his vantage point, the driver probably can’t see him. Most bus drivers will give your child a signal to begin crossing the street. Make sure your child knows to wait for this signal.
• As he crosses the street, your child should look right for traffic approaching from the opposite direction, but he also needs to look left to make sure the school bus does not start to move forward while he crosses directly in front of it.
• Motorists do disobey the law. Occasionally they pass a school bus on the left after the bus has turned on its flashing red lights and has stopped. Teach your child to look left just before he steps beyond the front of the school bus. Also, remind him that, although it only happens rarely, a motorist may pass the school bus on the right. Your child needs to take a look to his right, just before he steps off the school bus, to make sure the way is clear.
• If your child has to walk to the bus stop on a roadway or shoulder where there is no sidewalk, he should always walk facing traffic.
• If you meet your child at the bus stop, wait for him on the same side of the street as the bus stop, not across the street. As he gets off the bus, your child may be distracted when he sees you, and he may fail to watch for traffic as he crosses the street.
• Explain to your child that he should never bend down near or under a school bus to pick up something. The driver may lose sight of him and start moving forward.

After you have asked yourself these questions – and others that occur to you when you stand at your child’s bus stop and observe the surroundings – do the following. Make a list of the specific dangers your child may face. Consider what actions your child can take to avoid the dangerous situations you have listed. Review the action plan with your child. Wait with him at the bus stop for at least the first few days to ensure he has understood your instructions (assuming your child is old enough to stand alone at a bus stop in the first place). Check on him every so often thereafter to make sure he continues to follow the rules you’ve established. Review with your child his school’s bus safety and behavior policy. Stress the importance of these rules and let your child know that you support, without reservation, his school’s safety regulations.

However, the most important lesson you can teach your child is that he is the one who is ultimately responsible for his own safety. He cannot always count on someone else to look out for him.

About the Author: Elizabeth Morrell Allen has been engaged in the practice of personal injury law for over 30 years at the law firm Allen & Allen. From 1988 to 2004, Beth served as a branch manager of the firm’s Petersburg, Virginia office.