Attorney Blog

Continued follow up: bus driver charged and Sky Express shutdown after I-95 Richmond bus crash Tuesday morning

Tue, 07 Jun 2011 08:00:00 EST

The Department of Transportation (DOT) has responded in full force to the Virginia car crash that occurred on I-95 Tuesday morning, May 31, 2011, close to Richmond. Four people were killed and over fifty wounded.

Soon after the crash, the DOT began an investigation of the bus company and the road to ascertain the cause of the crash. They cited the main factor to be driver fatigue. Further inquiry revealed that the bus company, Sky Express, Inc, had an anything but stellar record, with lower numbers of driver fitness and alertness ratings than almost every other bus company. Sky Express, Inc consistently did worse than the rest of the companies over the past two years with regard to lack of driver training, experience, or medical qualifications, as well as allowing drivers to work while sick or fatigued. The company also received 46 violations for keeping improper driving logs and a number of speeding citations.

During the investigation, all of Sky Express' bus services stopped and the company promised to cooperate. Its operating registration was revoked and it received a shutdown order. However, merely days after the accident, the company was discovered painting over the named on their buses and illegally selling tickets under the logo of 108 Tours, trying to evade the shutdown order. The DOT's Federal Motor Carrier Safety Administration demanded that Sky Express cease and desist and it is cracking down on any websites that may have aided in selling the tickets.

As for the driver, Kin Yiu Cheung was arrested, charged with reckless driving, and held for $3,000 bond. After his hearing on Wednesday, June 1, 2011, four counts of involuntary manslaughter were also added to his charge.

Cheung admitted to falling asleep behind the wheel and claims that when he woke up, he swerved sharply to the left. Passengers' comments, which appeared in the affidavit, revealed that he kept drinking Red Bull and coffee and reacted very irritably toward the passengers. He was also overheard complaining on his cell phone about how tired he was and that there wasn't much time in between drives. The police also discovered that his driving log was two days out-of-date, which he was allowed to update.

There is obviously a lot of liability against the bus driver and the bus company. The criminal charges have no relation to the civil claims brought by the injured and the families of the deceased.

Information from:
http://www2.timesdispatch.com/news/2011/jun/04/4/tdmain01-us-sky-express-trying-to-evade-shutdown-o-ar-1084598/
http://www2.timesdispatch.com/news/2011/jun/03/16/driver-fatal-i-95-bus-crash-due-court-morning-ar-1083231/
http://www2.timesdispatch.com/news/2011/jun/03/affidavit-says-bus-driver-admitted-falling-asleep-ar-1083595/
http://www2.timesdispatch.com/news/2011/jun/01/tdmain01-bus-company-shut-down-after-i-95-cash-kil-ar-1077099/

Charlottesville drunk driver crashes into telephone poll

Thu, 02 Jun 2011 08:00:00 EST

On Monday, May 30, 2011, passenger Juan Argueta was injured in a drunken car crash. Driver Miguel Salazar drove drunk and collided with a telephone poll off of Old Lynchburg Rd. around 12pm. Argueta was propelled through the windshield upon impact. Salazar has been charged with DUI and driving without a license. Argueta was charged with not wearing a seatbelt and currently is still being held at the UVA Medical Center. However, they do not believe the injuries he sustained are life threatening.

The victims of drunk driving can't always receive damages for their injuries. If the passenger of the vehicle knew that the driver was drunk, then he likely cannot recover for his injuries because he would have "assumed the risk."

Assumption of risk means that Argueta knew that Salazar was drunk, and his voluntary act of getting into the car means that he assumed the risk of riding with a drunk driver. If this was the case, then Argueta could not receive any restitution.

Punitive damages can also be an issue in a potential case against the driver if the BAC was greater than .15. In a case where the BAC is greater than .15, Virginia law allows the injured party to make a claim for punitive damages.

Follow up: Bus accident on I-95 Richmond

Thu, 02 Jun 2011 08:00:00 EST

After the collision in Richmond on Tuesday morning, where a bus headed for New York swerved off the road and flipped, killing four people, bus company Sky Express, Inc was promptly shut down by the Department of Transportation. They have agreed to cooperate with all investigations relating to this incident and prevented any of its buses from leaving as soon as it heard about the accident.. According to the Associated Press, the company was already close to being shut down, but they had been granted an extension to file an appeal. Had this extension not been granted, the company would no longer have existed as of the Saturday before the accident.

Sky Express was cited for a number of violations of transportation regulations and will not be able to resume its service until the Federal Motor Carrier Safety Administration deems it to be safe again. The driver of the bus, Kin Yiu Cheung, is being charged with reckless driving and his hearing is scheduled for Friday, June 3, 2011. The police also believe that driver fatigue played a hand in the terrible accident. This accident has also begun to prompt new reforms, such as seatbelts for passengers and electronic on-board recorders of timetables that would decrease the amount of falsified driver hours.

As a Virginia accident attorney, I know coverage may be an issue. Since there were so many injuries and four deaths, there could be a problem with insurance coverage. If Sky Express only has $5 million in insurance coverage, there may not be enough for all the claims. Many victims may be looking to the bus company to pay directly or to their own insurance policies, if they have large enough uninsured policy limits.

Richmond bus accident on I-95 kills four people

Tue, 31 May 2011 08:00:00 EST

Photo by 6 Abc News

Background

On May 31, 2011, I-95 saw one of its most devastating accidents of the year. A Sky Express commercial bus from Charlotte, North Carolina overturned on Interstate 95, 30 miles north of Richmond. Four people were killed and over 50 others have been wounded and are currently being treated at hospitals around Caroline Country. Their injuries range from minor to severe. The driver of the bus received suffered only superficial harms. In order to investigate and transport all of the wounded people, the North side of I-95 was closed to traffic until about noon that day.

The bust left North Carolina at 10:30pm Monday night traveling towards Chinatown, New York. Between 4am and 5am, the bus ran off the side of the road and flipped onto its roof. The Washington Post quoted Virginia Governor Bob McDonnell as claiming that further investigation would be needed to determine the exact cause of the crash, while MSNBC claimed in a TV spot that it was due to driver fatigue.

Driver Fatigue

If the crash was due to driver fatigue, then the driver or the bus company could potentially face a civil lawsuit for all the damages caused to the victims of the crash. There are potential Virginia injury and wrongful death cases.

The Federal Motor Carrier Safety Administration, part of the Department of Transportation, has safety regulations in place to avoid the potential of a drowsy driver on the job. These regulations mainly consist of driving hour restrictions, including the rules that a driver cannot operate a commercial vehicle for more than 10-15 hours a day and at most 60-70 hours a week, depending on whether the company runs commercial buses every day or not. Bus companies as well as individual drivers are held responsible for upholding these standards and drivers are required to keep a precise log of all their actions and time on the job. If the driver of the bus broke any of these laws, then Sky Express or the driver himself could be made to compensate for the terrible events of today.

Charlottesville City Council Will Vote to Require Bike Helmets for Children Under 14

Sat, 14 May 2011 08:00:00 EST

The Daily Progress reports that Charlottesville City Council will vote Monday May 16, 2011 to require children age 14 or younger to wear bicycle helmets while riding a bicycle in the city. The ordinance will reportedly require helmets for children of the same age riding skateboards, motorized scooters and other "toy vehicles". A $25 fine woudl be the punishment for violating the ordinance. A first time violation would be suspended if the child purchased a helmet between the violation and when the fine would be imposed.

Virginia Law allow does not require people to wear helmets will cycling in the state. The Virginia Code does allow counties and towns to pass ordinances requiring children age 14 and under to wear helmets, which would explain why the Charlottesville ordinance will only apply to children 14 and under.

For a other requirements of Virginia law see our artile: Bicycle Equipment Requirements in Virginia.

For cycling rules of the road in Virginia see our article: Rules While Cyclling in Virginia.

Vaden Warren Elected Govenor At Large of Virginia Trial Lawyers Association

Mon, 02 May 2011 08:00:00 EST

For over 50 year, the Virginia Trial Lawyers Association has worked hard to protect the rights of indiviual people. As large corporations and insurance companies spend millions of dollars in political donations and on lobbyist to erode the ability of individual people to have access the civil jury system, VTLA has been there to fight for individuals.

Vaden Warren is proud to have been elected to Virginia Trial Lawyers Association board as a Governor-at-Large for 2011. This is Vaden's seven year of serving on the Board, having served as various committee and section chairs over the years.

I-64 Tractor Trailer Accident with Injuries, Snarles Traffic in Charlottesville Area

Tue, 12 Apr 2011 08:00:00 EST

A tractor trailer accident with injuries on I-64 has slowed and stopped traffic in the Charlottesville area. The Virginia State Police Report the collision occured before 8:00 am and traffic was back up for miles into the early afternoon.

NBC-29 is reporting that the tractor trailer collided with a pick up truck and jacknifed, spiling 120 gallons of gas onto the interstate. The station is reporting no major injuries from the scene with one person being transported to the University of Virginia Medical Center.

There were no reports yet on how the collision was caused or which vechilce was responsible for the collision.

Fortunately, it does not appear that there are major injuries to any of the people involved. Unfortunately, that is not usually the case when tractor trailers are involved in collisions of this type.

Albemarle County to Study Moving Courts

Tue, 11 Jan 2011 08:00:00 EST

Channel 29 in Charlottesville reports that the Board of Supervisors will conduct a study to help find ways for the county courts to have more space. The study will consider using other buildings, inclduing the old Levy Opera House, in the Court Square area, as well as completely moving to the county. A move to the county woudl presumably require building a new court complex.

University Transit Service Bus Hits UVa's Historic Beta Bridge

Thu, 21 Oct 2010 08:00:00 EST

The Hook reports that A University Transit Service bus driver hit the University of Virginia’s historic Beta Bridge on Wednesday morning, resulting in significant damage to the end column as well as a portion of the wall. Apparently, the driver failed to secure the brakes while performing a cleaning operation.

The University of Virginia’s Beta Bridge is most famous for its use as a canvas for student painted messages. Layer upon layer of paint adorns the bridge; in fact, the accident revealed the layers of paint to be about two inches thick.

Fortunately, it looks as if no one was injured. The bridge is likely owned by CSX or possibly the city. In either case, the University Transit Service would be responsible to pay to have the bridge repaired. Perhaps the two inch thick layer of paint on Beta Bridge helped make the impact less severe. . .no really.

UVa Today's picture of the Beta Bridge's many paint layers.

http://www.virginia.edu/uvatoday/newsRelease.php?id=2941#

More information on the famous Beta Bridge on Rugby Road

Tom Perriello Involved in Car Accident in Nottoway County, VA

Mon, 18 Oct 2010 08:00:00 EST

The Richmond Times-Dispatch reports that Congressman Tom Periello was involved in a car accident on Friday evening in Nottoway County, injuring one. According to Virginia State Police, Representative Periello was charged with making an unsafe lane change at around 8:00 pm on Lewiston Plank Road in Nottoway County. Alcohol and speed were not factors in the crash.

Perriello’s 2005 Ford Ranger pick-up truck changed lanes into a Ford Explorer carrying four individuals. One of the passengers was transported by ambulance to Farmville Medical Center for treatment of minor injuries.

Usually an accident of this sort would not be news, but since it involves a current Congressman, it is. Accidents can happen to anyone, which is why it is wise to not only carry insurance, but to carry enough insurance. Fortunately, there were only minor injuries and no extreme factors of the collision that would cause concern. I am sure that Congressman Perriello is well insured, and his insurance company will resolve any potential property or injury claims.

Tractor Trailer Accident on US 460 in Virginia Kills 1 and Injures 1

Thu, 07 Oct 2010 08:00:00 EST

US 430 in Virginia was blocked Wednesday following an accident involving a 2007 Ford Focus and tractor trailer. According to the Virginia State Police, at approximately 2:00 pm, the Focus, traveling east, crossed over the center line and collided with a tractor-trailer heading west.

The tractor-trailer left the road, struck and tree and immediately caught fire. The truck driver was pronounced dead at the scene. The driver of the focus was airlifted to VCU Medical Center after the Focus overturned in the middle of the four lane highway. No word yet on the condition of the driver. Names have not yet been released by Virginia Police.

The accident occured near the Sussex County/Prince George's County Line, blocking traffic and closing the road until around 8:30 Wednesday evening.

The Warren Firm wishes our deepest condolences to the family and friends of the truck driver killed in this accident.

Tips for Handling the Damage to Your Car after an Accident

Thu, 07 Oct 2010 08:00:00 EST

If you are in a car accident, and the accident is not your fault, you are entitled to receive compensation for any property damage to your vehicle. In this case, the repairs will be paid for by the insurance company of the party at fault. If the at fault party has no insurance, property damage will be covered by your own uninsured motorist coverage with no deductible or increase in premiums.

If the accident is your fault, your own insurance company will be responsible for covering repairs should you have collision, or full coverage. If not, the repairs will need to come out of pocket.

Read more about handling damage to your car after an accident.

UPDATE Virgina Tech Students Injured in Auto Accident Near Blacksburg

Wed, 06 Oct 2010 08:00:00 EST

There is still no word on the condition of the six Virginia Tech students injured in a car accident over the weekend. The students were apparently Virginia Tech Core of Cadets sophomores on their way to a sophomore initiation event when the SUV in which they were traveling on Craigs Creek Road near Blacksburg, Virginia flipped into a ditch, seriously injuring five of the students.

We will update when names and conditions are released.

Motorcylist Killed in Accident in Albemarle County

Tue, 05 Oct 2010 08:00:00 EST

Alcohol and speed have been named as factors in Monday's fatal accident on Earlysville Road in Albemarle County, Virginia.

58-year old William Thompson of Ruckersville was traveling east when he lost control of his vehicle, swerved and hit motorcyclist 31-year old Daniel Mike Neumister of Crozet, Virginia. Neumister died at the scene. Thompas was airlifted to the University of Virginia Medical condition with serious injuries.

Thompson has been charged with driving under the influence, and additional charges may be filed.

Our deepest condolences to the family and friends of Mr. Neumister.

Virginia Tech Students Seriously Injured in One Vehicle Car Accident

Mon, 04 Oct 2010 08:00:00 EST

Six Virginia Tech Students were involved in a single car accident on Saturday evening around 5:00p.m. on Craigs Creek Road near Blacksburg, Virginia. The students were traveling in an older model SUV when it apparently veered slightly off the road, over corrected, and then flipped and landed upside down in a ditch, leaving all six passengers trapped inside.

Five of the students had to be airlifted to Roanake Memorial Hospital with what has been described as "potentially life threatening injuries." One other student suffered only minor injuries and was transported to and treated at Montgomery Regional Hospital.

No word on the current condition of the five injured. We will update when the information becomes available.

Warren Firm October Legal News Coming Soon!

Thu, 30 Sep 2010 08:00:00 EST

The October 2010 edition of Home and Family News should be coming out sometime early next week. The Warren Firm has included information that you need to know about dog bites, the law and safety and bite prevention. Also, you will find information on the latest trailer laws in effect in Virginia. Don't forget to submit a testimonial for your chance to get entered in a drawing for a brand new iPod touch. As always, you can request Vaden's FREE BOOK online or by phone: (434) 972-9090. Get your copy today.

Charity Riders Happy With DUI Sentencing

Fri, 24 Sep 2010 08:00:00 EST

Four motorcyclists who were injured by a drunk driver while participating in a charity ride are pleased with Judge Victor Ludwig's 8 year sentence for repeat DUI offender, 34 year old Sean Avery Stanton of Highland County. Over a year ago, the four cyclists were riding in a charity event to raise money and awareness for the University of Virginia Children's Medical Center when Stanton plowed into them with his pickup truck. All four riders were seriously injured. While one of the riders argued for a full sentence of 16 years in prison, the remaining riders and Judge Ludwig felt that a full sentence would constitute "full vengeance" and was unecessary to get the message across. Overall, the victims were pleased with the justice system and the outcome of the case.

School Bus Driver Charged in Albemarle County Accident

Thu, 23 Sep 2010 08:00:00 EST

60-year old Ralph Agee, an Albemarle County School Bus operator has been charged with failure to yield the right away after an accident involving a school bus and pickup truck on the morning of Tuesday, September 21.

The Albemarle County School Bus was transporting two pre-school aged special needs children as well as a transportation aide. All who were in the school bus were not seriously injured; however, they were taken to the University of Virginia Medical Center as a precaution.

The driver of the pickup, however, was less fortunate. He was airlifted to the University Medical Center with life-threatening injuries. As of yet, there is no update on his condition.

It appears that Agee pulled into the path of the oncoming truck.

T. Vaden Warren, Jr. named VIRGINIA SUPER LAWYER 2010

Mon, 20 Sep 2010 08:00:00 EST

Super Lawyers Magazine recently named T. Vaden Warren, Jr. one of their Virginia Super Lawyers of 2010. Super Lawyers recognizes attorneys who have obtained high levels of peer recognition and professional achievement and who continually meet ethical standards. Only five percent of the total lawyers in Virginia are ultimately included in Super Lawyers. Attorneys are selected through the use of a "rigourous, multi-step process" where candidates are evaluated based on peer evaluation and third party research. The list is limited to attorneys who can be sought and retained by the public, as Super Lawyers magazine prides itself as being a tool for the public to use to find outstanding lawyers. The list appears in July's edition of Richmond Magazine.

Pedestrian Dies Weeks after Auto Accident

Tue, 14 Sep 2010 08:00:00 EST

Kam Tamang, 36, of Charlottesville died on Friday from injuries sustained in a car accident occuring near Pantops, Charlottesville on August 27, 2010. Tamang had been drinking and was wearing dark clothing when he tried to cross the street with a friend near the intersection of 250 and Stony Point Road. An SUV was unable to see Tamang and was unable to stop in time. The driver of the SUV is facing zero charges for the incident which was cited as being a result of pedstrian error and alcohol use.

According to the Virginia Department of Transportation, 73 pedestrian deaths occured last year in Virginia. Although the circumstances of this case differ, many of the deaths were not the fault of the pedestrian involved. Virginia State Police warn pedestrians to never assume that a driver operating a motor vehicle can see you when you're crossing a roadway.

Mechanicsville Woman Killed Saturday in Louisa County Crash

Mon, 30 Aug 2010 08:00:00 EST

20 year old Deanne Kenney was killed on Saturday in a single car accident in Louisa County, Virginia. Headed northbound on Virginia State Route 615 on Saturday afternoon, she lost control of her car while coming around a curve; the vehicle overturned and Kenney was thrown from the car. She was pronounced dead at the scene. The Warren firm extends our deepest condolences to the family of Ms. Kenney.

Automobile Accident on I-95 near Stafford, VA Claims Lives of Three

Fri, 27 Aug 2010 08:00:00 EST

At approximately 6:18 am this morning, Friday, August 27, a two vehicle crash occured in which 3 people were killed. A minivan and sedan collided as the occupants of the minivan became trapped and rolled down an embankment. When Stafford Fire and Rescue Department responded to the scene of the accident, all three occupants of the minivan were pronounced dead at the scene. The four occupants of the sedan claimed no injuries at the time of the accident.

As a result of the accident, traffic was backed up for miles, slowing down the morning commute. Drivers were advised to take US-1 as an alternate route. The names of the victims have not yet been released, nor have details about who was at fault for the accident. The Warren Firm sends our deepest condolences to the family members of those killed in this morning's crash.

The Warren Firm You Tube Channel

Fri, 30 Jul 2010 08:00:00 EST

The Warren Firm PLLC is FINALLY on You Tube! Check out our Personal Injury You Tube Channel. We will be continually updating the channel with videos of T. Vaden Warren, Jr., Charlottesville auto accident attorney explaining personal injury concepts and sharing expert legal information with the general public. You don't want to miss these informational tidbits. Being informed will ensure you the best chance of success in your personal injury or car accident case in Virginia.

Automobile Accident on Afton Mountain Casued by DUI Driver

Tue, 20 Jul 2010 08:00:00 EST

The Daily Progress Reports that a young Charlottesville resident has been charged with driving under the influence and felony hit-and-run following an accident involving a Virginia Department of Transportation (VDOT) construction worker that occurred early Saturday morning on I-64 Eastbound, Afton Mountain.

According to the Virginia State Police, the victim, 50-year-old Jose Porfirio Martinez of Reston, Virginia was in a work zone near one of the eastbound lanes of I-64 when he was struck by a 1999 Buick Sedan. The driver immediately fled the scene.

Virginia State Police had received a call reporting a reckless driver around the same time that the accident occurred, and they were able to find the vehicle after a tip from the owner, who was not the driver involved, called State Police to inform them that the vehicle may have been in an accident. Virginia State Police arrested Vitalija Vasciunaite, 22, at around 7am on Saturday morning.

Jose Martinez had been working for VDOT as a bridge repairman and was in a clearly marked work zone, wearing reflective clothing at the time of the accident. He sustained life threatening injuries as a result of the accident and was transported by ambulance to the University of Virginia Medical Center where he is now recovering.

Because the defendant was alleged to be under the influence, the victim may be allowed to pursue punitive damages under Virginia law in addition to compensatory damages. If the defendant's blood alcohol content (BAC) was .15 or greater at the time of the collision, Virginia Code allows a claim for punitive damages. The Victim would have to prove the .15 BAC at the time of the collision and not at the time of the arrest. This can be done with the help of a toxicologist. If the BAC was less than .15, it is still possible to pursue punitive damages by proving a willful and wanton disrgard of the rights of Mr. Martinez.

The above incident ironically occured about one mile from the VDOT memorial on Afton Mountain, honoring construction workers who have lost their lives while on the job.

Interstate Highway I-81 a Continual Cause for Concern

Sat, 17 Jul 2010 08:00:00 EST

Wednesday was just another example of the dangers of driving on I-81, especially as far as tractor trailers are concerned. I-81 in Virginia is notorious for the amount of tractor trailer accidents that occur each year, and this week saw another one near Buchanan, VA where a tractor trailer flipped on an interstate ramp, spilling the contents of its load, or 31,000 pounds of steel to be exact.

The driver of the tractor trailer was charged with failure to maintain control of the vehicle, and thankfully, no one was injured in the crash. However, the incident was not without inconvenience; southbound lanes of the interstate were closed for 2.5 hours, and the traffic was backed up for miles.

Two Fatal Boating Accidents in Virginia over Holiday Weekend

Tue, 06 Jul 2010 08:00:00 EST

Two deaths occured on Virginia waterways this 2010 4th of July Holiday weekend. Both were the result of a motorboat colliding with a stationary object at high speeds. The first incident, occuring on Saturday, involved the operation of a motorboat by a 7-year-old which collided with a dock on the Hampton River. The boy's mother, 35 year old Elizabeth Elliot, died from severe head trauma at the scene. Currently, Virginia law does not specify a minimum age for the operation of a motorboat.

The second accident, which occured on the Rappahannock River in Middlesex County, resulted in the death of 25 year old Amanda Brady of Glen Allen, VA. Nine other passengers, all from the Richmond area, are reported as injured with two in critical condition. The operator and passengers were heading back to their campground at Belle Isle State Park after spending time at Charlie's Tiki Bar on Windmill Point. On the return trip, the 22ft. boat slammed into a channel marker at 35 miles per hour. The boat was owned by Steven Nixon, a Richmond Fire Captain. Alcohol is assumed to be a factor at this point.

The Warren Firm Wishes You a Happy 4th of July!

Sun, 04 Jul 2010 08:00:00 EST

We at the Warren Firm PLLC want to take this opportunity to wish you, your family and friends a happy and safe Fourth of July!

The 4th of July is a big day for accidents, so make sure that you are extra alert and aware of your surroundings as you travel on Sunday.

Above all else, stay cool and hydrated and have FUN celebrating the birth of our great country!

Fun Facts about Independance Day

Virginia Interstate Speed Limit to Increase to 70mph

Tue, 08 Jun 2010 08:00:00 EST

The Virginia General Assembly approved a bill earlier this year that allows for an increase in the speed limit on various stretches of the interstate. The proposed speed would increase from teh current 65mph to 70 mph, and after safety evaluations conclude, the the higher speed limit will be introduced to certain stretches of interstate starting on July 1, 2010. It is important to note that not all areas of Virginia will note an increase, and drivers must follow posted speed limit signs, even in areas that fall with the jurisdiction of the higher limit but have not yet updated their signage.

National Bike to Work Day - Charlottesville

Fri, 21 May 2010 08:00:00 EST

Friday, May 21, 2010 is National Bike to Work Day. On this day, people who would normally drive to work are encouraged to ride their bike instead. With the potential for a lot more bikers on the road, accompanied with Friday afternoon and weekend traffic, it is important for both drivers and bikers alike to pay extra attention while driving.

There have been mutliple cases of bike accidents in Charlottesville over the past month. One case involved the fatality of a UVA grad student. The biking infrastructure in Charlottesville has been criticized, but undoubtedly, bikers and drivers can coexist peacefully and without incident if proper care is taken to maintain safety. Hopefully, on National Bike to Work Day in Charlottesville, both drivers and bikers will be attentive and avoid distractions to avoid any accidents resulting in injury or death.

Home and Family News - June 2010

Thu, 20 May 2010 08:00:00 EST

The Warren Firm Home and Family News - June 2010

For those of you who are not on our mailing list, we send out a newsletter monthly which typically includes articles written by Vaden Warren as well as general articles relating to the season.

This month features articles on:

The Jury Selection Process: Have you ever been called for jury duty? If not, you may be uncomfortable about the process. Vaden Warren wants you to feel comfortable and informed as to what goes on in the courtroom concerning jury selection before a trial. If you want to know what to expect when called for jury duty, read this article!

NEW VA General Assembly Bill: The Virginia General Assembly recently passed a non-partisan bill, signed into law by Governer McDonnell. The bill requires that attorneys be provided with a list of potential jurors at least 5 business days before a trial. 48 hours was the previously required condition.

Where are all of the Virginia Judges?: Have you ever wondered why civil cases take such a long time to go to court? Under the US Constitution, criminal matters are entitled to a "speedy trial" and therefore, civil cases are often "bumped" to make room for a criminal trial. With the onset of the state budget crunch, Virginia has elected to not replace judges that have retired by choice or are forced to retire due to age. Less judges handling the same caseload results in even longer wait times for civil matters.

Virginia General Assembly Passes Bill Concerning Jury List Availability

Mon, 17 May 2010 08:00:00 EST

The Virginia General Assembly recently passed a new bill that has now been signed into law by Governor McDonnell. The bill allows attorneys to receive a list of potential jurors five business days before a jury trial. Before the bill was passed, attorneys were often unable to get the list of potential jurors for their personal injury case until the day before the trial. Fortunately, in Charlottesville and Albemarle, we were usually able to get the list at least two days in advance. It is important that a Virginia attorney, personal injury or otherwise, is able to have adequate time to review who the potential jurors are. Five days will allow time to properly vet, or examine potential jurors. This was a good non-partisan bill that was supported by both Virginia plaintiff and defense attorneys.

April/May 2010 The Warren Firm Home and Family News

Mon, 26 Apr 2010 08:00:00 EST

http://nl.r2rassoc.com/enews/1261/the-warren-firm/

Lindsay Lohan's Frivolous Lawsuit against E*TRADE

Wed, 10 Mar 2010 08:00:00 EST

Lindsay Lohan sues E*TRADE for $100,000,000 in response to this video:

Read more about this lawsuit and the implications it may have for future lawsuits here:

Study Shows Settling Outside of Court May be Best Option for Personal Injury Plaintiffs

Tue, 09 Mar 2010 08:00:00 EST

A 2008 study published in the Journal of Empirical Legal Studies suggests that it may in fact be in your best interest, as a Charlottesville personal injury victim, to settle you case out of court. In fact, in 61.2 percent of all personal injury cases tried as a part of the study, the plaintiff lost money when compared to the defendant's final settlement offer. Worse off were medical malpractice plaintiffs with an error rate of 80.8 percent.

Interestingly enough, the study shows that the error in decision to go to trial is more directly correlated with the type of civil case being heard as opposed to "actor" variables such as an attorney's gender or years of experience. Read more about the study here.

Collecting Information at the Scene of an Accident

Mon, 22 Feb 2010 08:00:00 EST

Attempt to get as much complete and correct information as possible at the scene of your car accident. Find out more about the information you need to get here.

Should I Buy Elephant Insurance?

Mon, 15 Feb 2010 08:00:00 EST

Virginia Injury Attorney, T. Vaden Warren, Jr. researches the new Virginia auto insurance company: Elephant Insurance here.

Headquartered in Richmond, VA, Elephant Insurance began selling auto insurance policies to residents of Virginia in 2009.

Obtaining a Copy of your Virginia State Police Accident Report

Mon, 25 Jan 2010 08:00:00 EST

Visit our article library to find out how you can obtain a copy of your Virginia State Police accident report. Please note that the following information is only valid concerning State Police reports. Accident reports completed by local police or sherrif's departments must be obtained locally.

READ MORE: Obtaining a Copy of your Virginia State Police Accident Report

For additional information, visit the Official Website of the Virginia State Police

Virginia Ends Aerial Speed Enforcement

Wed, 20 Jan 2010 08:00:00 EST

Virginia's nine year Aerial Speed Enforcement program is coming to an end with the start of the New Year. Due to budget cuts, it is expected that the program's speed enforcement efforts will be suspended until at least 2011. While many drivers were quick to dismiss the "Speed limit Enforced by Aircraft" signs across the state, the program was actually quite effective at its peak. At one time, Virginia State Police were issuing around 2,145 tickets per year as a result of the program.

According to VA State Police records, traffic fatalities were lower in 2009 than they have been since 1966. The economy has put a strain on the population and fewer cars are on Virginia roads. Aerial enforcement, costing around $90/hour, is not a justifiable means of enforcement at this point.

READ MORE: Virginia Ends Aerial Speed Enforcement Program

Explaining your Right to Go on a Green Light

Mon, 11 Jan 2010 08:00:00 EST

You may be surprised to find out that a green light is NOT an automatic go. In fact, due to Virginia's strict contributory negligence laws, you may be barred from making a recovery if you get hit while traveling through and intersection in Virginia on a green light. Virginia Personal Injury Attorney Vaden Warren suggests looking both ways, even on a green light to avoid personal injury in a Virginia Car Crash. You may not think it's your fault, but the Virginia Courts may find you negligent even if you traveled through the Virginia intersection on a green light!

FAQ: If someone hits me while I'm traveling through an intersection on a green light, is it automatically entirely their fault?

Virginia Traffic Fatalities Low in 2009

Fri, 08 Jan 2010 08:00:00 EST

Virginia State Police report that 2009 was a good year in terms of traffic fatalities. In fact, 2009 recorded the lowest number of traffic fatalities, at 750, since 1966 when Virginia automobile accident fatalities were first recorded. The Virginia Highway Safety Office has been working with the Virginia State Police to increase seatbelt use, decrease driving speed and decrease drunk driving across the Commonwealth of Virginia. It seems to be working; already in 2010, there was one fewer death by the fifth day of the year than at the same time last year.

READ MORE: Virginia Automobile Accident Fatalities Down in 2009!

Study Shows that Virginia Automobile Accidents Might Decrease with Later School Start Times

Tue, 22 Dec 2009 08:00:00 EST

Science Daily reports that biological and social pressures cause sleep patterns to shift towards a later bedtime during adolescence, resulting in fewer hours of total sleep per night. As a result, Virginia teenagers incur a significant sleep debt which increases their drowsiness during the day and can also increase their risk of crashing their vehicles while driving.

READ MORE: Study Shows that Later School Start Times can Reduce the Risk of Virginia Automobile Accidents

Virginia Leads Research Efforts in Making Cars Safer for Pregnant Women

Fri, 18 Dec 2009 08:00:00 EST

Read about Virginia Tech's latest research efforts in making Virginia roads safer for everyone:

Virginia Leads Research Efforts in Making Cars Safer for Pregnant Women

Who can file a Virginia child's personal injury case?

Fri, 18 Dec 2009 08:00:00 EST

The following links help to illustrate the procedure of handling a child's personal injury case in Virginia:

Who is eligible to file a Virginia child's personal injury lawsuit?

9 Things You Should Know About Your Child’s Personal Injury Case

Free Group Presentations Available

Thu, 10 Dec 2009 08:00:00 EST

Virginia auto accident attorney Vaden Warren wants to speak to YOU! He is willing to come to your organization to give one of three separate presentations at no charge, tailored to fit the needs of your group. For more information, or to schedule a presentation, click here or call 434-972-9090 today!

READ MORE: FREE Group Presentations Available

Who Gets the Money from Children's Cases?

Wed, 09 Dec 2009 08:00:00 EST

If you want to know where the money goes in the case of Charlottesville Children's Injury cases, Albemarle County Child Injury cases, and Virginia auto accident cases involving children, you can find the answer here.

To whom does the money go in a child's personal injury case in Virginia?

Accidents in Parking Lots Increase over the Holidays

Thu, 03 Dec 2009 08:00:00 EST

If you're wondering about parking lot safety during the holidays, you have come to the right place. Read Vaden Warren's latest article on Parking Lot Accidents during the holiday shopping season here.

Parking lot accidents occur much more frequently during the winter holiday months. The key to avoiding these accidents and possible injury or even death is to remain patient and take specific precuations outlined by AAA Mid-Atlantic.

Here is a fantastic example of how NOT to park during the holidays:

READ MORE: Accidents in Parking Lots Increase over the Holidays

Contributory Negligence Unfair to Virginia Car Accident Victims

Fri, 20 Nov 2009 08:00:00 EST

Contributory Negligence: Unfair to Victims of the Road

Contributory negligence laws state that an injured person who can prove negligence of another party must also be able to stand up against claims that they themselves were negligent on the road. If the injured party is found to be negligent, he or she is barred from any compensation for injuries received in a Virginia car accident. This is a very harsh rule, only enforced in four states and the District of Columbia. Read more about this unfair law at http://charlottesvilleinjuryattorney.wordpress.com/.