Northern Virginia Personal Injury Lawyer - Automobile Accidents - Most Commented

No More "Runners" In Washington, D.C.

Ben Glass — Thu, 03 Aug 2006 09:01:42 GMT

No, no, I'm not talking about the heat wave here and how no one is out jogging. I'm talking about the refreshing law change that will permit unscrupulous lawyers and chiropractors from obtaining accident reports and calling and visiting car accident victims shortly after an accident to solicit cases/patients. While technically an amendment to the D.C. Theft and White Collar Crimes Act, I like to call the new law the Protect Washington, D.C. Car Accident Victims From Harrassment by Lawyers and Chiropractors Act.

Here's the deal. D.C. is, until next week, practically the only place in the United States where a lawyer could pay a "runner" to buy yesteday's accident reports from the police and then make a person to person visit to solicit the work. Actually it's even worse. Talking to a potential client yesterday (who lives in Virginia but was injured in a Washington, D.C. car accident. the very next morning after his accident (a minor fender bender) there was a guy on his front doorstep trying to get him to sign up with a lawyer and for physical therapy! Not only did it turn this client off of this lawyer but it sure sent a message to him about all lawyers.

Next week, this will be illegal. You can read the entire text of the new D.C. "Anti-Runner" Legislation here.

Originally posted at InjuryBoard by Ben Glass

Virginia drivers beware: New law places hefty fines on bad drivers

Ben Glass — Wed, 27 Jun 2007 08:58:28 GMT

You'll want to think twice about speeding. A new Virginia law places hefty fines on bad drivers. On top of criminal fines and court costs, those who break the law will also have to pay civil fines of $300 to $1,000. (Note that these new fines only apply to Virginia citizens. So if you are from another state and get caught speeding, you only get the 'regular fines.")

Blowing through a stop light, passing a school bus while it's stopped, and driving over 80 miles per hour on any road are all against the law. Starting Sunday you'll pay dearly for doing so. They're called abuser fees. They were included in the legislature's transportation bill to raise money for new roads and rail.

Right now if you fail to turn without giving a signal, a judge can fine you up to $2,500, with a $50 court cost. The abuser fees for that crime are three payments of $350. That $1,050 does not include a criminal fine.

There's lots of people making list of the Virginia legislators who voted for this one. Apparently, it is one of those new laws that snuck through the Virginia General Assembly while folks weren't paying attention. (Then again, the bad drivers of Virginia don't have a strong lobbying group."

And, there's a huge problem for "problem drivers, " according to a press release

The new law also has strict punishments for repeat problem drivers. People who have driving records with eight or more demerit points will be charged an additional $100 upon a new conviction, plus $75 for each demerit point in addition to eight. The fees based on demerit points will not exceed $700 and the $75 per point fee only applies to demerit points earned after July 1.

Attorney Dave Albo (one of architects of the plan to assess the fees, which will eventually raise $65 million a year for transportation projects) is both a Virginia Delegate and an attorney who will represent people charged with driving offenses. Here's a very interesting blog dedicated to Mr. Albo. He was quoted as saying:

"I've had people from all around the state calling and yelling at me."

Originally posted at InjuryBoard by Ben Glass

Hulk Hogan Sues His Lawyers: What consumers need to know about car insurance

Ben Glass — Fri, 18 Sep 2009 20:44:03 GMT

Terry Bollea's (aka "Hulk Hogan") recent lawsuit against his former lawyers at Zuckerman Spaeder, has several very important teaching points for consumers.

Here's the short version of the story. Hogan's son, Nick, was involved in a very serious car crash when he was 17. In fact, his passenger was permanently injured. The Hogan family had car insurance with Progressive Insurance Company. Progressive carried $250,000 of coverage (way too low!!).

According to the a lawsuit that has recently been filed in Florida, after the accident, Hogan did not notify Progressive of the case. Instead, the family hired the Zuckerman Spaeder firm to represent young Nick in any civil claim and any criminal claim that might arise from the accident. The family agreed to pay an astonishing $550 per hour and began to deposit large amounts of money with the law firm, which worked the case to the (ultimate tune of) about $1,500,000 in fees and costs.

Now Hogan is suing is son's former firm alleging, essentially this: you never told me that Progressive would have provided me a defense that would have cost me nothing.

Teaching point #1: yes, that's true...if you cause an accident your car insurance company will pay for your defense.

Teaching point #2: if you cause an auto accident call your insurance company and report it.

What kid graduating from high school in America today doesn't know that??

This will be an interesting case because if the allegations are true these lawyers could be in a heap of trouble.

Originally posted at InjuryBoard by Ben Glass

Which insurance pays in a Virginia car accident

Ben Glass — Fri, 12 Dec 2008 19:29:00 GMT

Talked to a couple of folks this week and discovered that there is still a great misperception about which insurance companies to send the bills to after an accident. Here's my thoughts.

the defendant's insurance company--the guy who hit you--may take care of your property damage promptly, but if they don't, contact your own insurance company
the defendant's insurance company is not going to pay your medical bills piecemeal..they aren't going to pay now..they are only going to pay at the end of the case
submit your bills to your own health insurance company
submit your bills to your own car insurance company

One couple had not bought medical payments on their car policy. This is being penny- wise and pound -- foolish.

Another had only bought the minimum auto coverage ($25,000). This is a real risk. If the guy who hit you has no insurance (perfectly legal in Virginia) you are likely to not get a full recovery unless you have bought plenty of insurance for yourself.

Originally posted at InjuryBoard by Ben Glass

Injured Students from McLean Bible Church may Need to Look to Own Insurance

Ben Glass — Mon, 14 Apr 2008 11:51:42 GMT

Virginia State police are investigating a crash that occurred this past weekend, involving a bus carrying children from McLean Bible Church, in McLean.

According to published reports, at least 10 children and two adults are being treated for injuries sustained when the bus overturned near Bridgewater, Virginia. The driver of the bus had been charged with speeding.

In similar situations in the past, folks involved in accident such as this have had the following questions:

1. Who will pay the medical bills? Answer: in most cases you should use your own health insurance plan first. They may be required to be reimbursed later if there is a recovery against any negligent driver, but doctor bills should not be left unpaid in the interim.

2. What should I do if contacted by an insurance adjuster for any negligent driver. Answer: be polite, don't sign any broad medical authorizations, be aware that your conversation may be recorded.

3. Will I or my child be entitled to a personal injury settlement from the accident. Answer: impossible to say at this point. There is an investigation pending. Folks may want to contact an experienced personal injury attorney but its not absolutely necessary at this point. Folks may want to get and read The Ultimate Guide to Car Accidents in Virginia.

4. Will I need to contact my own car insurance company? Answer: maybe... your own company may have medical payment benefits that you are paid for and are entitled to. Also, depending on the amount of insurance available to cover any negligent driver and the exent of the injuries suffered by the victims, you may have to make a claim under the underinsured motorist provision of your own policy.

Originally posted at InjuryBoard by Ben Glass

Insurance coverage when an injury caused by family member

Ben Glass — Fri, 13 Jul 2007 10:19:50 GMT

The tragic death of a 14-year-old Fairfax County girl on Wednesday in a car accident in which her sister was the driver raises a question that is often asked by families: can a recovery be made in the case for the family's loss even though it was a family member who apparently was at fault in the accident?

The Washington Post reported that Olivia Aull was killed on Jermantown Road after the car in which her sister was driving crashed.

The answer to that question is that "yes" a claim and recovery can likely be made against the family's automobile insurance policy. There was a time in America when family members could not bring claims against other family members. That was long ago however and now the car insurance policy that you buy to protect your family also will provide some small measure of compensation when tragedies like this occur.

You should check your own car insurance policy and perhaps talk to your insurance agent to make sure that your family is fully protected against even the carelessness of other family members. Car insurance is relatively inexpensive and the more you buy the less expensive it gets, per dollar.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ben Glass

Bring Back Red Light Cameras to Virginia?

Ben Glass — Thu, 18 Jan 2007 05:43:48 GMT

I may be in the minority but I like the idea of red light cameras at some of Northern Virginia's busy intersections. I think they make people more aware of the danger of running red lights. Sure, some people get rear ended, but then, that means everyone has to pay more attention.

The Virginia State Senate passed legislation yesterday to restore the red lights at some Northern Virginia intersections.

Look, I understand the argument that sometimes the owner of a car gets a ticket in the mail when the owner wasn't driving. That just means you have to be careful who you lend your car too and, in my case, it might mean one of my kids ran a red light. Now I know about it.

Good.

Sen. Jeannemarie Devolites Davis, Fairfax County Republican, told colleagues that her bill would allow photo-red enforcement only in Arlington, Fairfax and Loudoun counties, the cities of Alexandria, Fairfax, Falls Church and Virginia Beach and the town of Vienna.

Originally posted at InjuryBoard by Ben Glass

Beware of the Virginia Car Accident Attorney Who Refers You to a Doctor

Ben Glass — Fri, 25 Feb 2011 21:55:00 GMT

Is a lawyer to doctor referral really the “kiss of death?”

Recently, a local chiropractor explained the red flags to look for when working with a Virginia car accident attorney. One of the warnings he gave has to do with lawyer to doctor referrals.

According to the chiropractor, if your lawyer is telling you that you need to go in for X number of visits, so that you will get your bill up to a certain price, you should probably run far away from the attorney, and fast. While it is okay to ask your attorney if he or she knows of a medical provider, you have to be careful. The problem occurs when lawyers send their clients to the same orthopedic, spinal surgeon and so on. This type of practice doesn’t look good when you take your case to court.

Imagine sitting in court listening to the defense lawyer ask the doctor how many patients your attorney refers to him or her. When a jury finds out that the attorney is referring a lot of clients to the medical provider, they become very skeptical. Even if your claim is legitimate, the jury might still punish you.

Focus on Getting Better
When you go to the doctor following a Virginia car accident, your sole purpose should be to improve your condition. You should not be focused on increasing your medical bills to make your case appear more valuable.

There is a whole lot more you can learn about this topic by watching the video, Lawyer to Doctor Referrals - The Kiss of Death to a Virginia Car Crash Claim?

Originally posted at InjuryBoard by Ben Glass

But I Didn’t Feel Pain Right After My Virginia Car Accident

Ben Glass — Thu, 17 Feb 2011 17:19:00 GMT

When you are involved in a Virginia car accident, you may be at the point where you are just happy to be alive. You are, of course, thankful that the outcome wasn’t worse.

Many people don’t feel immediate pain following an auto accident, so they assume that they escaped injury. However, it is not uncommon to start experiencing pain and discomfort within 48 hours after the crash. I recently talked to a local chiropractor about why this happens.

Delayed Pain
According to the medical professional, when you are in a car accident you are generally in shock. Adrenaline starts to run through your body, which actually blocks your pain receptors. It isn’t until the adrenaline leaves your system that you start to feel pain.

The truth is, a Virginia car accident can seriously hurt your neck. But the symptoms of a neck injury, or whiplash injury, might not show up right away. The reason for this delay is that many neck injuries involve inflammation, which doesn’t happen overnight. Therefore, it might take 24 to 48 hours before you feel pain or notice any swelling.

Get to the Doctor
It is important to see a physician immediately after a car accident. Not only will a doctor be able to diagnose your injuries, but he or she will also be able to recommend an appropriate treatment plan. There are many complications that can arise if an injury goes untreated. Don’t wait too long to get examined.

You can learn a lot more about Virginia car accidents and whiplash by watching the informative video: Whiplash injuries after a car accident.

Originally posted at InjuryBoard by Ben Glass

No Wonder There’s So Much Concern Over Virginia Distracted Driving

Ben Glass — Thu, 10 Jun 2010 11:29:00 GMT

At this point, most of us have heard about the dangers of texting and driving, but did you know that one study found that talking on a cell phone had the same impact on drivers as having a blood alcohol concentration of .08 percent? You may take great measures to avoid driving drunk, but if this study is correct, talking on a cell phone isn’t that different.

According to Distraction.gov, the “official U.S. government website for distracted driving,” almost 6,000 people were killed in 2008 in distracted driving accidents. That number doesn’t include the nearly 500,000 who were injured.

Studies have shown that both hands free and handheld cell phone devices are dangerous. Researchers believe that talking on cell phones while behind the wheel significantly impacts a person’s driving abilities. A study by Carnegie Mellon quantified this level of distraction by concluding that brain activity associated with driving is reduced by 37 percent when someone uses a cell phone.

Even though cell phones seem to be the most common culprit when it comes to Virginia distracted driving accidents, there are many other things that distract drivers. For example, eating, drinking, talking to passengers, reading, using a navigational system, watching a video and changing the music, can all take a driver’s attention off the road.

Originally posted at InjuryBoard by Ben Glass