Attorney Blog

Mechanicsville Woman Killed Saturday in Louisa County Crash

blog@www.vapersonalinjuryaccidentattorney.com (news Author)17342 — 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

blog@www.vapersonalinjuryaccidentattorney.com (news Author)17311 — 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

afruit@warren-law.com (blog Author)36187 — 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

blog@www.vapersonalinjuryaccidentattorney.com (news Author)16335 — 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

blog@www.vapersonalinjuryaccidentattorney.com (news Author)16293 — 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.

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

afruit@warren-law.com (blog Author)35348 — Wed, 14 Jul 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.

Two Fatal Boating Accidents in Virginia over Holiday Weekend

blog@www.vapersonalinjuryaccidentattorney.com (news Author)15970 — 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!

afruit@warren-law.com (blog Author)34285 — 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

afruit@warren-law.com (blog Author)33016 — 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

afruit@warren-law.com (blog Author)31994 — 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

afruit@warren-law.com (blog Author)31908 — 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

afruit@warren-law.com (blog Author)31661 — 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

afruit@warren-law.com (blog Author)30524 — Mon, 26 Apr 2010 08:00:00 EST

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

Tips for Handling the Damage to Your Car after an Accident

afruit@warren-law.com (blog Author)28723 — Mon, 22 Mar 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.

Lindsay Lohan's Frivolous Lawsuit against E*TRADE

afruit@warren-law.com (blog Author)27980 — 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

afruit@warren-law.com (blog Author)27947 — 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

afruit@warren-law.com (blog Author)27072 — 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?

afruit@warren-law.com (blog Author)26737 — 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

afruit@warren-law.com (blog Author)25636 — 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

afruit@warren-law.com (blog Author)25353 — 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

afruit@warren-law.com (blog Author)24854 — 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

afruit@warren-law.com (blog Author)24699 — 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

afruit@warren-law.com (blog Author)23799 — 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

afruit@warren-law.com (blog Author)23611 — 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?

afruit@warren-law.com (blog Author)23612 — 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

afruit@warren-law.com (blog Author)23168 — 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?

afruit@warren-law.com (blog Author)23139 — 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

afruit@warren-law.com (blog Author)22821 — 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

afruit@warren-law.com (blog Author)22143 — 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/.