Petersburg Personal Injury Blog

The number of TV ads touting auto insurance companies seems limitless. There's a gecko talking on screen about insurance provided by "his" company. A spokesman for another insurer tells us we're in "good hands" with his employer. Yet another voiceover reminds us that, "like a good neighbor," his company is there for us when we have a car accident. As a plaintiff's personal injury lawyer, I review auto insurance policies all the time because insurance coverage is one of the most important things I need to know about.

An injured client's own insurance coverage can sometimes be as important as the amount of coverage carried by the negligent driver who injured him. Therefore, it is important for every car or truck owner to search for the best insurance terms and the maximum coverage he can find at the best price. For this reason, I recommend you comparison shop your auto insurance coverage at least once every two or three years, if not more frequently.

Every insurance company bases its insurance rates on its own set of factors and actuarial calculations. These differ from company to company. Variables may include past accidents and traffic violations, the make and model of your vehicle, the number of miles you drive per year, where you drive, your age, your gender, and, of course, the amount of insurance you want to purchase.

It may be news to you, but auto insurance companies sometimes consider your credit record in determining the cost of your premium. A credit based insurance score differs from ordinary FICO scores used by banks and other lenders, but it does factor in data found in your credit report. Apparently, auto insurance companies believe your credit record may indicate how likely you are to file an insurance claim.

With all these variables, it makes sense to do some comparison shopping every so often. You might save hundreds of dollars by changing insurers. Look to see if your state's Department of Insurance provides price comparisons. Other Web based resources include: www.ChoiceTrust.com; www.value-auto-insurance.com.

Be careful in your analysis. Do you qualify for discounts? Many insurers offer good-student discounts to families whose teenage drivers maintain a certain grade point average. You may find discounts for going paperless or authorizing your bank to set up direct payments from your checking account. Some companies give discounts to customers who pay the premium in full rather than opting for an installment plan.

Check out the reputation of each auto insurance company you consider. Organizations like Consumer Reports and J.D. Power & Associates provide information regarding customer satisfaction rankings. Although many insurers now sell directly over the internet, many companies also have local agents who represent them. These agents may not only be able to give you competitive premium quotes, they can also explain, face to face, what your coverage options are and answer questions you have.

At the end of the day, you may decide to remain loyal to the auto insurance company you already have. And that's all right. You will have satisfied yourself that you're getting the best deal or value for your money. Just knowing this can give you peace of mind.

Labels: motor vehicle accidents

Some months ago, I wrote a blog post commenting on an Allstate auto insurance company newspaper ad reporting that "nearly 5,000 teens died in car crashes" in 2008. Recently, a similar Allstate advertisement caught my eye.

The headline asked a provocative question and gave a startling answer: "Why do most 16-year-olds drive like they're missing a part of their brain? Because they are." As a personal injury lawyer in Southside Virginia, I have represented many people injured in auto and truck accidents caused by young drivers, so this surprising statement encouraged me to do a little research.

A National Institutes of Health (NIH) study supports Allstate's assertion. Researchers using magnetic resonance imaging (MRIs) technology to map the human brain from childhood into adulthood have found the brain continues to mature well into a person's twenties, and it is the frontal lobes, which are responsible for many of the brain's executive functions, that develop last.

This area of the brain, called the dorsal lateral prefrontal cortex, plays a critical role in a person's ability to exercise good judgment and to make appropriate decisions. It also enables a person to better understand the future consequences of his or her actions, and it helps inhibit risky behavior.

It's easy to understand how a delay in development of the teenage and young adult brain might play a role in immature driving behavior among this segment of the population.

A look at crash statistics demonstrates this fact. The Insurance Institute for Highway Safety has reported that teenage drivers are four times more likely to be involved in a vehicle crash than older drivers, and they are three times more likely to die in one.

Of course, brain immaturity is not the only reason young adults are killed in motor vehicle accidents. However, the recent research on brain development has encouraged states to enact teen driving laws that include gradual licensing provisions and bans on cell phone use in vehicles operated by drivers under age 18.

The NIH research also serves as a reminder to parents to exert strict and active control over their teenage drivers. Ensure that your teen gets adequate driving instruction, monitor his driving behavior and skills, instruct him to comply with your state's driving laws, and take away driving privileges if and when it becomes obvious he is not driving responsibly.

Labels: motor vehicle accidents

There seems to be no end to what new technology can do for all of us - including drunk drivers. As a Virginia personal injury lawyer who handles car and truck accident cases, I have seen firsthand the tragedies irresponsible drunk driving can cause. Now cell phones are coming to the rescue according to The Wall Street Journal.

Apparently, there is a new iPhone app that reports whether it is safe for you to drive after you've been drinking alcoholic beverages. It works this way. You enter your weight and what you have had to drink into an app appropriately named R-U Buzzed. In response to the information you've entered, the cell phone will provide an estimate of your blood alcohol level. If it is 0.08% or higher, you are above the legal limit and are in the category of those drivers who may be arrested and convicted of drunk driving in Virginia.

Always remember, however, that you may not be a safe driver at BAC levels below 0.08%. You may not realize it, but it is a scientific fact that your reflexes begin to slow down after you've ingested alcohol but well before your blood alcohol content reaches the present 0.08% legal limit. This means you may be unable to react as quickly as you need to in order to avoid a motor vehicle accident. And the accident may not even be your fault!

For example, if another driver falls asleep at the wheel and drifts into your travel lane and you are fully alert, you may have time to swerve out of the way and prevent a catastrophic crash. On the other hand, if your judgment or ability to react is impaired, by even a small amount of alcohol, you may be unable to take action in the second or two necessary to avoid a collision.

State law enforcement officials are hoping the free iPhone app will appeal to teenagers and young adults, the demographic most often involved in drunken driving fatalities. About 80% of drunk drivers involved in fatal vehicle crashes are between the ages of 16 and 34!

Yes, the iPhone app has its limitations. A drinker's level of impairment may depend, not only on the amount of alcohol he has ingested, but also on additional factors such as the amount of food he has eaten, any medications he may have taken, and the extent to which he may be sleep deprived.

Yet, the iPhone application can be effective. Often a drinker won't accept the fact he has had too much to drink. He thinks he feels just fine. He may disregard or laugh off a friend's admonition not to drive. However, it may be more difficult for him to ignore the cautionary red message his cell phone sends him saying, "Don’t even think about it!... Designate a sober driver."

If you have an iPhone, download the R-U Buzzed app. After all it's free, so why not try it?

Labels: motor vehicle accidents

On the same day I wrote my post on the dangers of riding in pickup truck beds, I was driving near my home in Petersburg, Virginia when I saw something else that disturbed me: a beautiful chocolate lab sitting proudly, nose into the wind, in the bed of a pickup that was hauling a camouflaged boat. The lab and his owner must have gone hunting earlier that morning.

As a personal injury attorney in Southside, Virginia, I spend most of my time worried about human clients who have been injured in car and truck accidents, not dogs. However, riding in the back of a pickup is just as dangerous for a dog as it is for a person - and it's dangerous for passersby as well.

Estimates indicate that about 100,000 dogs riding in truck beds die every year in accidents. Sometimes a dog simply jumps out of the bed of a moving pickup. Occasionally he falls out. More often a dog, sitting or lying unrestrained, is ejected from a truck bed during a motor vehicle collision. In most of these cases where the truck is moving, someone's beloved pet is injured or killed. He may be run over by a passing vehicle.

The most obvious solution to this hazard is to ensure your dog rides up front with you, restrained in a harness. Placing your animal in a cage or travel carrier secured to the truck bed may be an option. Tethering may also prevent a dog from voluntarily jumping out of a truck.

However, the cage and tether present risks of their own. A cage may not be much protection when a pickup flips over. In addition, a dog may strangle or be dragged along the roadway if caught the wrong way in a tether or leash during an accident.

There is something else that concerns me as a personal injury lawyer who represents people injured or killed in car and truck accidents. Transporting a dog in the open bed of a truck endangers other motorists. When a dog is ejected or jumps out of a truck, another motorist may have to swerve to miss the animal and in the process strike a third vehicle or travel off the road and crash into a tree. Serious injury or death may result.

So be fair to your dog and other motorists. Don't drive with your dog in the back of your pickup truck. Keep your pet up front with you.

Labels: motor vehicle accidents

A month or two ago, a sad news item flashed across my computer screen. It announced that Bengal's receiver Chris Henry had died from injuries suffered when he fell from the bed of a pickup truck. Personal injury lawyers like me know that riding in the back of a pickup is extraordinarily dangerous.

This is why a number of states, including Virginia, have enacted laws that forbid children under 16 from riding in the back of this type of truck. Young adults are the most likely to be victims of truck bed accidents which commonly occur on summer afternoons and evenings when they are out of school. Of course, the same dangers confront adults, but they are left to determine for themselves whether or not to assume the risk.

Medical reports tell a grim story about what happens to people who fall out of or are ejected from pickup truck beds. Their injuries are usually more serious than the injuries suffered by passengers who are seated and belted inside automobiles when an accident occurs. Head injuries are frequent, but arm and leg injuries as well as facial wounds are also common. However, the head injuries are the most likely to kill a person ejected from a truck bed.

Keep in mind the various kinds of protection provided for passengers who sit inside a car or truck - protection that is not provided to those who occupy the truck bed: three point seat belts, airbags (front and side), and the enclosed cage of the vehicle itself. Passengers riding in a truck bed don't have the benefit of any of these important safety features.

As a result, in the event of a collision, a sharp turn, or a sudden stop, truck bed occupants are likely to be flung across the truck bed, striking the truck walls or hitting cargo. And that's if they are lucky. It is more likely they will be ejected from the vehicle altogether and face an increased risk of severe brain injury or death.

It's one thing for an adult to choose to ride in the bed of a pickup truck. It is unconscionable to permit a child to do so. So if you're a parent, think carefully before you allow your own child or other children to sit in a truck bed - even if you're sitting back there with them. The physical forces unleashed in a motor vehicle crash and the speed with which these accidents happen mean it is physically impossible for an adult to adequately protect a child while an accident is in progress.

Everyone traveling in a pick-up truck deserves a reasonably safe ride. Unfortunately, no one sitting in a truck bed is safe, by any definition. The opposite is true. So always make sure you sit in the front of a pick-up truck and buckle up. If there's no room for you there, travel in another vehicle or just stay home. The risk of severe and permanent injury just isn't worth it!

Labels: motor vehicle accidents, personal injury

In a recent post, I discussed ways ATV operators can drive more safely. What I didn't mention are the dangers associated with the shoddy design and manufacture of some ATVs, especially ones produced in China for children. A child or adult can be a cautious driver, but if he is driving a defective ATV, the safe operation of his vehicle may not count for much. The same, of course, is also true for cars and trucks that are defectively designed and manufactured. As a personal injury attorney in Petersburg, Virginia, I've seen these cases as well.

Recently, ATVs made in China have attracted attention in the press. According to a New York Times article, some small ATVs imported from China and marketed for young children are unsafe. Some lack front brakes or come equipped with sharp handlebars that may cause injury. Others are designed with a narrow wheel base that makes the vehicles more likely to flip over. The situation has deteriorated to such an extent that, at one port in this country, customs officials seized a ship's cargo of Chinese ATVs because they did not meet United States safety standards.

Because there is a demand in the United States for inexpensive, ATVs made for children, Chinese manufacturers seem willing to cut corners in their design and production in order to capture market share. The less it costs these companies to make child sized ATVs, the cheaper the price they can charge, the more ATVs they will sell, and the more profit they will make. Because these vehicles are low-priced, more and more of them are sold to Americans every year.

And it's not just ATVs. More faulty products of all kinds have been entering the United States. Last year, Congress finally took action and passed the Consumer Product Safety Improvement Act which applies to many consumer products. Under the new statute, safety standards for the design of ATVs are mandatory. Previously, they had been voluntary. Remember, however, that ATVs do not have to meet the same federal safety standards that cars and trucks do. This means ATVs will continue to be more dangerous than they should be. What can you do?

First, think twice about whether it is a good idea to buy any ATV, American made or a Chinese import, for a child under 12. ATVs are not toys. They are powerful, potentially dangerous machines, and children don't have the driving experience or judgment to handle them safely. Avoid buying ATVs over the internet. You will want to examine the vehicle you buy first hand. Test its brakes and steering mechanism. Consider the width of its wheel base and ask yourself if it is more likely than other ATVs to tip over on rough terrain. Look for obvious manufacturing and design flaws. Where your children are concerned, you can't be too careful.

Labels: motor vehicle accidents, personal injury

When I drive down country roads in Southside Virginia and glance off road to see a small pack of ATVs flying over rough terrain, it looks like great fun for all ages. However, as a personal injury attorney I know there are two sides to the story. A well trained and careful ATV driver operating a well designed and properly manufactured all terrain vehicle can enjoy a safe ride. However, a child or adult who drives recklessly or has the misfortune to operate a defectively built ATV is likely to become involved in a serious accident and suffer life-threatening injuries.

Today, let's talk about ATV driver safety. As the popularity of ATVs has increased over the years, so have injuries and deaths. In 2006, there were 750 reported deaths in ATV-related accidents. In addition, 146,000 people were treated in emergency rooms for ATV-related injuries. What do the experts recommend to help reduce this tragic toll?

Training courses are important for all ATV operators. These courses are offered in many locations and are often free. Experience is critical for drivers who ride on uneven and sometimes steep terrain. Formal, hands-on training will teach a new ATV operator how to handle situations he is likely to face while operating his vehicle.

In Virginia, all ATV riders must wear helmets. It's the law: Va. Code Section 46.2-915.1A. The reason is obvious. There is a high risk of head injury in ATV accidents, and helmets may help reduce the severity of a head injury. Not all helmets are alike. Make sure yours is in good condition and is certified by the United States Department of Transportation and/or the Snell Memorial Foundation. Given the dangers associated with ATV use, wear goggles, gloves, boots, long pants, and long sleeved shirts when operating your ATV. If you are in an accident, this gear may protect you from cuts and abrasions.

Other safety tips:

• Do not carry a passenger on your ATV. An ATV operator must remain in control of his vehicle at all times, and this requires interactive riding. Often the driver must shift his weight and body in different directions to successfully negotiate changing terrain. Passengers may make these maneuvers more difficult or even impossible.


• Stay off paved roads. ATVs are not designed for use on paved roads. In fact, they are more difficult to control on a road or street. And, of course, an ATV is no match for a car or truck in a vehicular collision.


• Children under age 16 should not drive or ride ATVs designed for adults. Children under 16 who are riding adult ATVs are twice as likely to be injured as those driving youth ATVs.

Labels: motor vehicle accidents, personal injury

Recently a local newspaper headline caught my eye, "Group rates Virginia near bottom for road safety." For personal injury lawyers like me, road safety is a top priority. Every day I see the damage, both physical and emotional, caused by car, truck and motorcycle accidents. As a result, my colleagues and I try to promote state legislation that will enhance the safety of people traveling our roads and interstate highways.

When I saw the article, I immediately wondered what group had given Virginia such a bad rating and why. It turns out the organization is Advocates for Highway and Auto Safety (AHAS), an alliance of consumer, health, and safety groups, as well as insurance companies and their agents.

Every January for the past seven years the coalition has released a "report card" that grades all 50 states and the District of Columbia on their performance in enacting and maintaining 15 model traffic safety laws. This year the report focused on three areas the advocacy group believes need stricter laws and stronger enforcement: text messaging, graduated driver licensing (GDL) programs and ignition-interlock laws for drivers convicted of drunken driving offenses.

For the first time, AHAS is supporting an all-driver text messaging ban. Over the past several years, studies have shown that text messaging while driving is probably more dangerous than driving while intoxicated. With regard to teen driving, although many states have already adopted some form of graduated driver licensing legislation directed at teens, AHAS is encouraging even stricter regulation including setting the minimum age for a learner's permit at 16 and requiring applicants for unrestricted licenses to be 18.

AHAS also continues to push for other legislation including all-rider motorcycle helmet laws, primary enforcement seat belt laws, child booster seat laws covering children ages 4 through 7, mandatory blood-alcohol testing for all drivers who are killed or who survive a crash in which there is a fatality, and open container bans in vehicle passenger areas.

So where does Virginia fall short and why is it listed in the "worst states" classification, joining only 8 other states in this category? First, no state has enacted all 15 model laws. However, the so called "best" states have enacted anywhere from 9 to 13.5 of the proposed pieces of legislation. The worst states have adopted only 3 to 6.5 of the suggested laws. Virginia's "report" card stands at 6.

Virginia has failed to meet 10 AHAS standards. Our legislators have not adopted laws which would mandate (1) blood-alcohol testing of drivers involved in fatal accidents, (2) open container bans, (3) use of an ignition locking device which would prevent convicted drunk drivers from driving while intoxicated, or (4) the requirement that applicants be 16 years of age or older before obtaining a learner's permit.

The principal reason Virginia ranks so low in the AHAS ratings, however, is its failure to enact so called "primary enforcement" laws. Many safety statutes in Virginia are "secondary enforcement" laws. This means they can be enforced only if a driver or vehicle is lawfully stopped by a law enforcement officer for another traffic infraction.

It works this way. Let's say you're text messaging while driving and a police officer observes only this violation. Under Virginia law, he can't stop you and charge you with the text messaging violation. However, if he sees you texting and he also clocks you traveling at a speed in excess of the speed limit, the officer can stop your vehicle and cite you not only for speeding but also for text messaging while driving.

Safety advocates believe "secondary enforcement" laws are weak. They don't deter the illegal behavior they're designed to curb. I agree. If and when you talk or write to your state legislators, encourage them to adopt "primary enforcement" laws. Virginians will be safer when they are enacted.

Labels: motor vehicle accidents

Recently I wrote a post about Toyota's massive 2009 recall of 4,000,000 Toyotas cars because of sudden acceleration problems. This was the largest auto recall in the nation's history, and it followed a car accident, involving a Toyota, that caused four fatalities. An investigation indicated that a floor mat had jammed the accelerator pedal preventing the driver from slowing down his vehicle.

Now, Toyota has issued another recall for a different accelerator defect. This time 2.3 million vehicles are involved. In the company's press release, a Toyota representative said "there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position." The company says the defect worsens over time and should be fixed promptly.

The Toyota vehicles subject to the new recall are the following:

2009-10 Corolla
2009-10 Matrix
2005-10 Avalon
2007-10 Camry
2010 Highlander
2007- 10 Tundra
2008-10 Sequoia

According to Toyota, the new defect has nothing to do with the poorly designed floor pads that precipitated the earlier recall. Rather, it involves a specific accelerator pedal assembly from a particular supplier. Unfortunately, however, of the 2.3 million vehicles Toyota has now recalled, 1.7 million may have both the floor pad and the sticking accelerator problems.

The 2010 recall relates to what Toyota terms a "wear issue." The vehicle operator may notice, at some point, his accelerator doesn't operate as smoothly as it used to. Should your accelerator stick while you're driving a Toyota, the company advises that you brake firmly and steadily. Do not pump the brake. Steer your vehicle to a safe place off the road, turn off the engine, and call Toyota.

If Toyotas two recalls weren't bad enough, there's another you should be aware of. News sources report that 1.5 Graco strollers sold at Wal-Mart, Target, and many other retailers have been recalled. Affected brands include Passage, Alano and Spree Strollers and Travel Systems. The defective strollers come equipped with a plastic, jointed hinge mechanism designed with indented canopy positioning notches.

Several small children have had fingertips amputated by the hinges that are used to open and close the stroller canopies. Other children have suffered cuts and lacerations. If you have one of the strollers subject to recall, contact Graco for a free protective cover repair kit.

Labels: motor vehicle accidents

Failure to pay attention to motor vehicle recall notices we receive in the mail or hear about on TV or in the newspaper can lead to serious car and truck accidents. As a personal injury lawyer in Petersburg, Virginia, I know from professional experience that motor vehicle or other product defects can cause severe injuries and even death. Therefore, I suggest you pay close attention whenever you learn of a manufacturer's recall.

What brought this issue to mind? Recently, I read that Toyota had recalled various Toyota and Lexus models after reports of one or more accidents involving unintended vehicle acceleration.

One story was particularly horrifying. Last August, an off-duty California Highway Patrol officer was driving near San Diego when he realized his car was suddenly accelerating, and he couldn't slow down or stop. In panic mode, his wife telephoned 911 to report they were travelling at 120 miles an hour and couldn't slow down. Shortly thereafter, the vehicle ran off an embankment, crashed, and caught fire. Four people were killed. What had happened?

An initial investigation indicated the floor mat on the driver's side had trapped the accelerator pedal. Owners of about 4 million Toyota and Lexus automobiles were warned to remove the floor mats immediately. The car company issued a recall and will begin fixing the problem early this year. First, the floor mats will be redesigned to reduce the risk of pedal entrapment due to floor mat interference.

Two further modifications have also been proposed. Toyota will shorten the accelerator pedal by about three-quarters-of-an-inch. Eventually, it will replace the pedals altogether.

Most important, in my opinion, however, is the company's decision to install a brake override system. This system will ensure a vehicle will stop even if the accelerator and brake are applied simultaneously. In other words, the brake will override the accelerator. In practice it will mean that, if an accelerator is entrapped for some reason and remains depressed, the driver only has to depress the brake to stop the car.

If you own a Camry, Avalon or Lexus 350, IS 350 and IS 250 models, check with your dealer to determine if your vehicle is one of those affected by the recall.

In the future, whenever you hear about a recall, ask yourself the following. Do you own the make and model vehicle subject to recall? If the recall doesn't involve a car or truck, does it include another type of product you have like a baby crib? If the answer to the first question is yes, take your car, truck or motorcycle to the dealership for repair as promptly as possible. If the product is not a motor vehicle, follow the manufacturer's guidelines for having the defect repaired. Your safety or a family member's may be at stake.

Labels: motor vehicle accidents