A bill has been introduced in the Virginia General Assembly to ban most cell phone use while driving. Exceptions would be made for emergency use and for hands free devices.House bill 233 Provides that, except in certain emergency situations, the operator of a moving motor vehicle is prohibited from using any wireless communication device unless the device is equipped for hands-free communication...
The National Transportation Safety Board is now investigating the unfortunate subway train derailment that injured 20 people in Washington, D.C. yesterday. The District of Columbia recently passed "anti-runner" legislation so lawyers and their employees should (unless asked by a victim) not be contacting victims of this subway accident directly.Unfortunately, this means that the insurance...
From time to time I get questions about Virginia personal injury law emailed me by potential clients. Without revealing personal information, I can answer the questions here because others may have the same question.Question: I've been injured in an accident, what are standard percentages or break-downs for pain ?Answer: there are no standard percentages for pain. Each case is determined on its...
In yet another sign that whenever you hear an insurance company whine about losing money all you have to do is say "show me the facts," the Insurance Information Institute has issued a press release that says you can expect to pay less in 2007 for car insurance. The drop won't be great (.05%) but what is significant is that the auto insurance companies must be reaping enourmous profits to...
I spoke to a very nice lady earlier this week who was searching for an attorney to represent her in her Virginia car accident case. She told me she had spent a lot of time searching on the Internet and then calling attorneys. She had read Five Deadly Sins That Can Wreck Your Virginia Car Accident Case.She told me she basically had just one question:Her question was this:My injury is [she...
A Henrico County judge has ruled that the family of a child who was injured when a school bus driver negligently failed to operate safety equipment is limited in its recovery to $50,000.00. Virginia law says that where a school board is qualified as a self-insurer the amount that may be recovered by a plaintiff is the minimum amount set forth in the Code. The amount of liability the school...
We may be getting closer to a ban on all cell phone use while driving. The National Transportation Safety Board has come out with a recomendation that bus drivers be banned from using a cell phone while driving except in an emergency. The report recomendation is that:The Federal Motor Carrier Safety Administration and the 50 States and District of Columbia prohibit CDL holders with a...
I have a newfound respect for those who witness car accidents and then stick around to make sure the facts are known to the authorities. Last week I witnessed a terrible accident on Northern Virginia's beltway. Travelling about 60 mph, I watched as a car whizzed past me on the left at a high rate of speed, then made a quick change of about 3 lanes going to his right. "What a jerk" I...
A new paper published by the National Association of Mutual Insurance Companies debunks the myth that "no fault" insurance is the answer to a percevied "tort problem."Sixteen states have adopted a no fault system whereby your own automobile insurance company pays for your damages. This means that even though you may be a good driver, you are really paying the premium of the "average" driver in...
It should come as no surprise that there is increasing data that driving while talking on a cell phone, even a "hands free" device, is causing death and injury on our roads. There are groups of people who study this. It's called "human factors." Now a brand new study of cell phone using drivers shows that cell phone use can make you as "impaired" as a drunk driver. The researchers concluded: "We...
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