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Virginia drivers face many dangers on the commonwealth's roads and highways, everything from aggressive drivers to unsafe road surfaces. Attorney Vaden Warren represents men, women, and children injured in car, truck, bicycle and motorcycle accidents. In this section of the website Mr. Warren presents current traffic accident news from across Virginia and relevant national auto news.

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Auto Accident

Charlottesville drunk driver crashes into telephone poll
Jun 02, 2011

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
Jun 02, 2011
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
May 31, 2011

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.
University Transit Service Bus Hits UVa's Historic Beta Bridge
Oct 21, 2010
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
Oct 18, 2010
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.
UPDATE Virgina Tech Students Injured in Auto Accident Near Blacksburg
Oct 06, 2010
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.
Virginia Tech Students Seriously Injured in One Vehicle Car Accident
Oct 04, 2010
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.
Charity Riders Happy With DUI Sentencing
Sep 24, 2010
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
Sep 23, 2010
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.
Pedestrian Dies Weeks after Auto Accident
Sep 14, 2010
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.