Virginia Injury Law BlogVirginia drivers who want to lower their chance of being in a crash should take note of a government study that found that 80% of vehicle accidents are caused by distracted drivers. Another compelling statistic reveals that drivers between the ages of 18 and 20 are four times more likely to be involved in an accident compared to other drivers. For this reason, Virginia has enacted a law prohibiting drivers under the age of 18 from using a cell phone or other wireless device while behind the wheel. Some jurisdictions, such as Washington, D.C., have enacted local ordinances prohibiting the use of handheld phones or devices while driving. Despite the recent legislation, it is common to see young and older drivers with their heads down, in the “texting position”, while driving down the interstate. The idea that someone can safely operate a vehicle and keep a proper lookout while punching small buttons on a keypad is ludicrous. The Virginia legislature considered a bill earlier this year that would have banned texting while driving for all ages, but the bill died in committee. It seems that such a law would make sense for everyone, but especially for the age group most likely to text while driving.
Virginia Auto Crash Claims Two Lives
Two sisters who died in a Virginia car crash on Tuesday were wearing their seatbelts and alcohol was not a factor. In other words, the two main elements of most auto fatalities were not present.
A recent study published by the National Highway Traffic Safety Administration reports that more than two-thirds of young drivers and passengers killed in nighttime car crashes were not wearing seatbelts. Although seatbelt use nationally has risen to an average of 81% (with 12 states having seatbelt usage of 90% or better), almost 7 out of 10 young people killed in car crashes in 2006 were unbuckled. With Memorial Day weekend here, police and public safety groups are launching a national campaign to increase seatbelt usage over the holiday weekend. Young drivers already bring a dangerous combination of inexperience and fearlessness to the highway, and not wearing a seatbelt only adds to the likelihood of serious injury or death when an accident occurs. Add in the final element of alcohol, which is common in fatal crashes involving drivers under age 30, and one readily understands why young motorists are at greater risk than older drivers. All Virginians should buckle up this weekend and make sure that our children and their friends use their seatbelts as well.
Virginia Birth Injury Case Settles
A Virginia child with brain damage and cerebral palsy caused by oxygen deprivation at birth has received a $1.35 million settlement. The plaintiff asserted that the doctors failed to respond to their son’s deteriorating condition in the hours before his birth. The doctors at the University of Virginia denied any allegations of medical negligence and further argued that they were immune from suit because they were employed by a Foundation that provided care to indigent patients.
The Supreme Court of Virginia recently ruled that the Foundation that employs the doctors (the University of Virginia Foundation) followed the model of a profitable commercial business and was not a charitable institution and therefore was not immune from suit under the charitable immunity doctrine. The charitable immunity doctrine had previously prevented medical negligence suits from being pursued against the University of Virginia Foundation.
The medical malpractice cap in Virginia imposes its harshest consequences on children and families who are devastated by a birth injury. The settlement with UVA, although in excess of $1.3 million dollars will pay only a small portion of the $9 million dollars in life-long care that this child will need. Pierce & Thornton has experience in medical negligence cases involving injured children. If you or a family member has a child who suffered a birth injury, call Pierce & Thornton for assistance.
Trucking Company Settles Wrongful Death Case
Although a recent tractor trailer crash that killed three women occurred outside of Virginia, the case raises interesting issues regarding punitive damages. A Missouri jury found a truck driver negligent in rear-ending a line of stopped traffic, but while the jury was considering whether to award punitive damages, the trucking company settled the case with the families of the women who died in the crash.
In Virginia, punitive damages can be awarded to punish a defendant for conduct that is so reckless or negligent that it amounts to a conscious disregard of the rights (or safety) of others. But no matter how reckless or indifferent a company’s or individual’s actions are, punitive damages in Virginia are capped at $350,000. In other words, the trucking company defending the same lawsuit mentioned above in Virginia would not have had the same concern about punitive damages that they had in the Missouri court. Placing a cap on punitive damages’ awards strips a jury of the ability to condemn and punish outrageous behavior by a defendant that causes death or serious harm to an individual or his family. $350,000 in punitive damages to a large corporation does not send much of a message about the need to hire better drivers or engage in safer practices.
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Medical Malpractice: Virginia Active Duty Military Personnel Can’t Sue Government
Virginia active duty military personnel injured by medical negligence at a military hospital (for example, Portsmouth Naval Hospital) cannot sue the government. The law that prevents this type of lawsuit, no matter how negligent or even willfully reckless the conduct by the government in providing medical care, came from United States Supreme Court case Feres v. United States. The reasoning behind the Feres doctrine is that it protects the government from costly, time-consuming trials that could also damage military discipline.
Medical negligence committed by the government against a military dependent, however, can be pursued. Under the Federal Tort Claims Act (FTCA), a dependent of an active duty military member who is injured or dies as a result of medical negligence by military medical personnel can pursue a claim in negligence. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the Federal government and have experience in Federal court, which is where an FTCA case must be filed.
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Virginia Bicyclist Dies From Injuries
A Norfolk bicyclist riding along East Little Creek Road died from injuries he sustained when a car struck him last week. No charges have yet been filed against the driver, but the investigation is ongoing. Bicycle and motorcycle accidents are all too common in Hampton Roads, where our highways and secondary roads are extremely congested, particularly in Virginia Beach during the tourist season.
Last year in Virginia, there were over 130 bicycle and motorcycle fatalities. Were all of the fatalities and injuries to bicyclists and motorcyclists due to careless automobile and truck drivers? Of course not. However, there is a tendency of drivers to not always see or pay attention to bicycles and motorcycles on the roadway. The most common causes of bike and motorcycle crashes are pulling out in front of an oncoming cyclist, running a stop sign or not yielding the right of way to cyclists. Not surprisingly, the majority of motorcycle and bicycle wrecks occur at intersections.
Despite the growing popularity of Harley-Davidson, jury research indicates that jurors still have bias against motorcycle riders versus drivers of cars or SUVs. Perhaps it stems from the way motorcycles sound, the way that some motorcyclists drive or the number of “near misses” experienced by drivers who encounter motorcyclists and bicyclists. Overcoming the bias against bicycle and motorcycle riders is critical to winning a personal injury case involving a cyclist. At Pierce & Thornton, we have handled cases involving serious bicycle and motorcycle injuries and fatalities. If you or a loved one has been injured while driving or riding as a passenger on a motorcycle or bicycle, call one of the attorneys at Pierce & Thornton for help.
Brain Injury – The Invisible Injury
It has been estimated that approximately 1.5 million people sustain a traumatic brain injury every year. Brain injuries often occur in the setting of car or tractor-trailer crashes, but they also can occur in bicycle and motorcycle accidents, slip and falls and medical negligence cases where surgical error or birth injury has occurred. At Pierce & Thornton, we have experience in representing brain injury clients, and we will work to maximize the recovery for our brain injured clients and their families, because the money is often necessary to support the patient and pay for rehabilitation.
The Brain Injury Association of America reports that at least 50,000 of those people die annually from their brain injury while another 80,000 have long-term disabilities with which to contend. The medical cause, diagnosis and treatment of brain injury is a specialized area of medicine, and it is important for the patient to receive necessary neuropsychological testing and training to minimize, if possible, the effects of the brain injury.
Common symptoms of a traumatic brain injury include loss of memory, change in personality, blurred vision, ringing in the ears, severe headache, dizziness, nausea and vomiting. Often times, these symptoms are misdiagnosed as post-concussion syndrome, when, in fact, the injury is much more significant and long-lasting.
Virginia Woman Wins Big Verdict in Slip & Fall Case
A Norfolk jury recently awarded a woman who slipped and fell in a grocery store $1.25 million dollars when she slipped in water that had collected near a freezer. She suffered a disk injury in her spine requiring surgery.
Slip and fall cases can be difficult to win under Virginia law. The injured party must prove that a dangerous condition existed on the premises that the owner either knew about (this is called “actual” notice) or should have known about with the exercise of reasonable care. If the premises owner actually created the dangerous condition, then it will be deemed to have actually known about the problem. However, in most premises injury cases, the plaintiff has to show that the condition existed for such a period of time (or had been complained about previously) that the owner should have corrected it. At Pierce & Thornton, our attorneys have successfully handled cases involving injuries caused by hazards or defects on a business premises. We can assist in investigating and preparing your claim if you call us.
Virginia Children At Risk For Medication Errors
In Virginia, medication errors in the hospital setting may be on the rise, according to a recent study. The medical journal Pediatrics will soon publish a study indicating that about 1 out of 15 children who are patients in the hospital are injured by prescription errors. This translates into a rate of about 11 drug-related harmful events for every 100 hospitalized children, which means that an alarming 7.3% of hospitalized children (540,000 children annually) will suffer injury from either the wrong medication or too much medication being given to them.
At Pierce & Thornton, our attorneys have experience in medication error cases involving both adults and children who have been over-prescribed medication or given the wrong drug.
The recent experience of Dennis Quaid and his wife is a frightening example of what can happen as a result of medication errors. Their newborn twins were given 1,000 times more Heparin than the recommended dosage and nearly died. Their advice (and ours) to parents of hospitalized children is to always ask nurses what medication they are giving your child and why they are giving the medication. If your child has a known allergy to a medication, make sure that the nurses and doctors are reminded so that your child is not given that medication or some derivative of it by mistake. Simple concepts, for sure, but they may prevent a tragedy.
Fatal Virginia Car Crash: Drunk Driving Suspected
A recent auto accident on Interstate 95 in northern Virginia is suspected to have been caused by an intoxicated driver. Even with stiffer drunk driving penalties and less leniency on drunk drivers by the courts, drunk driving remains a deadly problem for Virginians. In 2006, approximately 29,595 Virginia drivers were convicted for driving under the influence of alcohol. Intoxicated drivers were cited as the cause of approximately 374 highway fatalities and 7,543 injuries in the Commonwealth in 2006.
If you, a family member or loved one has been injured by a drunk driver, you should contact the attorneys at Pierce & Thornton as soon as possible. We have successfully settled and tried cases against drunk drivers. Call us so we can investigate the facts, preserve the evidence in your case and obtain all money damages allowed under Virginia law.
Under Virginia law, a drunk driver who causes personal injury can be required to not only compensate his victim for the injuries caused, but also will be required to pay punitive damages for his reckless conduct if the driver’s blood alcohol concentration (BAC) was .15 or above at the time of the crash. This is called the “statutory presumption” for punitive damages.