Personal Injury Lawyers and Attorneys in Virginia

Spring Break

2012-04-04T08:47:00.000-07:00

It is Spring Break for Albemarle County schools. The whole family is home. And just in time for the break, the GI bug also arrives. It has hit 4 of us and so all of our plans for day trips and fun outings have changed. I suppose it is for the best. The roads are busy and accidents are still happening. In fact, a friend just shared a video on the dangers of driving and texting. In turn, I have forwarded that video to my children. In one particularly poignant scene, a young woman talks about how she sent her sister a text, and then how her sister crashed her car and died when she read the text while driving. It is a good lesson about the risk of diverting your attention from the road for a very short time.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Asbestos Decision By Virginia Supreme Court

2012-03-30T11:41:00.000-07:00

Our law firm handles asbestos disease cases, including mesothelioma cases. Thus, it was with great interest that we read the recent decision of the Virginia Supreme Court addressing the issue of what types of damages a sailor could recover in a wrongful death case where the death was caused by asbestos disease. The Court limited damages because the sailor's claim came under maritime law. And so the widow was only entitled to recover her pecuniary losses, such as loss of income support. The amount of the verdict for pain and suffering and other non-pecuniary damages was taken away by the Court.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Snow In Charlottesville and Albemarle Causes Car Accidents

2012-03-07T06:55:00.000-08:00

The car accident tally from the recent snow in Charlottesville and Albemarle is still not final. Numerous car wrecks were reported and there were some serious injuries. Unfortunately, many motorists did not heed the call to stay home and were faced with treacherous conditions. Cases involving snow related accidents can be challenging for the personal injury lawyer because the defense is the weather. Prompt investigation of the case to locate witnesses and get photographs can be helpful in countering this defense. Sometimes, the weather conditions can be used by the injury victim as a fact in support of a negligence case. If the defendant driver was travelling too fast for the conditions, this fact can bolster an injury case.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Virginia Suprem Court Decision Upholds Personal Injury Verdict

2012-03-02T13:30:00.000-08:00

Today, the Supreme Court of Virginia issued several decisions that affect personal injury lawyers in Virginia. One decision stands out in the field of personal injury law as it directly addresses what a personal injury lawyer can say in closing argument. In the underlying injury trial, the plaintiff's injury attorney argued in closing that the jury should assign an amount of compensation for each item of damages claimed. The attorney went on to state what the injury victim was requesting for each item of damage. The defendant's lawyer objected to such a breakdown of damages and argued that the injury victim could only state a single amount for the claimed damages. The Virginia Supreme Court ruled that the argument of the injury lawyer was proper and did not cross over into the impermissible area of per diem arguments. Per diem arguments are where the injury lawyer argues that the injury victim is entitled to recover a set amount of damages for each day of injury. For instance, a per diem argument would suggest that the injury victim has suffered for 300 days and should get $1,000 per day. This type of closing argument is permitted in some states, but not in Virginia. It is now clear that an injury victim's lawyer can ask a jury to award a specific amount of damages for every element of damages proven. So if the injury victim has offered evidence of pain, a request for a certain amount for that pain is proper. Similarly, if there has been evidence of inconvenience, an amount can be assigned to that inconvenience. This ruling should prove to be of assistance to injury lawyers and to the juries who are called upon to decide damages. No longer will a jury have to guess what is a fair amount for pain or other proven damages. The injury victim can ask for what he or she believes is a fair amount.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Charlottesville Metal on Metal Hip Implant Lawyer

2012-02-29T18:21:00.000-08:00

Metal on metal hip implant devices are in the news again here in Charlottesville and all across Virginia. The BBC reports that British health authorities are following up on reports that all metal on metal hip implant device recipients need to have their blood tested annually for the presence of toxic metal ions such as cobalt and chromium. This injury law blog has followed the developing hip implant device problem for some time. The first metal on metal hip implant device to be recalled was manufactured by DePuy. It now appears likely that other manufacturers such as Wright Medical will also need to take action to address metal toxicity in patients who have received metal on metal hip implant devices. Our personal injury law firm is handling metal on metal hip implant cases.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Snow Causes Car Accidents in Albemarle and Charlottesville

2012-02-21T13:33:00.000-08:00

Winter snows contributed to an increase in car accidents in Albemarle and Charlottesville over the President's Day weekend. Albemarle County reports 19 accidents where snow was a contributing factor. Charlottesville has yet to release any statistics on car accidents caused by snow and weather conditions. This year, weather conditions have been mild, and even the Sunday snowstorm is not expected to leave any lasting impression. However, for the few who were involved in a car accident because of snow conditions, the snowstorm will be remembered. For those few, it is critical to review our websites guidance on what to do if you are injured in a car accident. All to often, potential clients report that they have given statements to insurance companies or settled too hastily. Don't be a victim a second time. Arm yourself with knowledge.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Virginia Truck Accident Closes Interstate I-81

2012-02-12T17:50:00.000-08:00

Both north bound lanes of Virgina's I-81 were closed by a truck accident today. The tractor trailer accident happened in Rockbridge County, Virginia which is near Lexington, Virginia. Unfortunately, I-81 is well known for serious accidents involving "big rig"trucks. The traffic volume of trucks on the highway is heavy as the interstate is a major north south artery. Our personal injury lawyers routinely are called upon to represent the victims of truck accidents in Virginia and other states. Today's truck accident actually required a detour of traffic from the interstate to local roads. In turn, hazardous road and traffic conditions then existed for the local residents as well as interstate travelers. In such cases, experts recommend that you take you time and exercise even more caution than usual. This advice is common sense, but all too frequently, agitated motorists try to cut ahead and even more car accidents result.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Huguely Case Clogs Charlottesville Court

2012-02-10T07:15:00.000-08:00

Charlottesville lawyers are avoiding the Circuit Court for the City of Charlottesville because of the ongoing Huguely trial. The celebrated criminal trial of a former UVa lacrosse player who allegedly killed his ex-girlfriend is clogging the docket and courthouse. The trial is expected to take many days to conclude, today is the fifth day of trial and the prosecution is still presenting its case. Will the end come in one week or two?

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Railroad Injuries Decrease And Harriman Award On Way Out

2012-02-07T12:45:00.000-08:00

Virginia is the home of Norfolk Southern, one of the largest railroads in the country. The NS railroad has won the Harriman award 22 times because it has had the lowest injury rate among the class 1 railroads. However, it was recently announced that this will be the last year for the Harriman award. Over the past 32 years, railroad employee injuries have decreased by 82%. In addition, there has been a recognition that pressure to win the award has translated into attempts by supervisors to avoid reportable injuries on all railroads. Railroad employees who are injured on the job are covered by the Federal Employer's Liability Act or FELA and they have to make a claim against their employer since they are not covered by a state compensation scheme. Our firm has handled railroad employe injury claims for decades and is familiar with the requirements of the FELA. We believe that the demise of the Harriman award is long overdue and all railroad employees will be better off without the pressure of supervisors trying to avoid the reporting of an injury. We are glad that injuries have decreased and hope that the railroads will continue to improve and stress safety without the incentive of the Harriman award.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Amtrak To Expand Service to Norfolk, Virgina

2012-02-06T06:40:00.000-08:00

Amtrak service from Norfolk, Virgina to Washington, DC, via Richmond, Virginia, will be in place much sooner than was originally projected. It was recently announced by Governor McDonnell that service was expected to begin in December, 2012, rather than October 2013. The updated timetable could be an early Christmas present for the Hampton Roads area. The project to upgrade track between Richmond, Petersburg and Norfolk has a price tag of over $100 million dollars. It involves the railroad track of both CSX and Norfolk Southern (NS)railroads. Amtrak operates its trains over the track of these railroads by agreement in the state of Virginia. As such, Amtrak has to rely on NS and CSX to provide track that is safe for its higher speed passenger trains. Unfortunately, the NS and CSX track is not able to handle high speed trains such as the Amtrak Acela which serves the northeast on track owned and maintained by Amtrak. Nonetheless. the reintroduction of Amtrak passenger service to Norfolk should be beneficial to the area as passengers will be able to travel by train to and from the nation's capitol in one day. Our personal injury law firm has extensive experience with every type of injury claim involving Amtrak and other railroads. For more details, visit our website at www.winjurylaw.com.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

A Personal Injury Lawyer Not Limited By Geography

2012-02-03T06:49:00.000-08:00

Where do our personal injury lawyers practice? Primarily, we serve the state of Virgina. Our expertise in the field of personal injury transportation law, including railroad and FELA claims, often takes us into West Virginia, North Carolina, Ohio, Maryland, South Carolina and other nearby states. Locally, our Charlottesville office is the base of operations for a personal injury practice handling primarily car and truck accidents and is close to Charlottesville, Crozet, Ruckersville, Earlysville, Scottsville, Lake Monticello, Palmyra, Stanardsville, Barboursville, Gordonsville, Waynesboro, Albemarle Co., Greene Co., Madison Co., Culpeper Co., Orange Co., Fluvanna Co., Louisa Co., Nelson Co. and Augusta Co.. Our Virginia Beach office serves Norfolk, Chesapeake, Hampton, Portsmouth, Suffolk, Newport News, Virginia Beach and surrounding areas. However, we will serve our clients wherever they are located. We were recently retained by Chicago residents injured in Louisiana. Our geographic reach is broad and is not limited by state or region. I have tried cases in many states although I have yet to make it to another country for a trial. I have had clients in European countries who were injured while on vacation or business in this country and whose cases required unusual effort. We make every effort to help injury victims, no matter where they are located.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

I-81 Truck Accidents In News Today

2012-02-02T06:42:00.000-08:00

Truck accidents on the Virginia portion of I-81 are in the news today. One of the tractor trailer accidents involved the transportation of hazardous chemicals. I-81 is well known amongst personal injury lawyers and attorneys for its heavy volume of trucks and commensurately high volume of tractor trailer accidents and wrecks. The interstate is heavily trafficked. Another complicating factor is the geography of Virginia in that area as there are hills aplenty. The hazardous chemical truck accident involved a fatality. The interstate was closed after the wreck and at this time, some 8 hours later, the interstate is still shut down as response crews deal with the hazardous chemical issue. The truck accident happened near Buchanan, which is between Roanoke and Lexington. From the Charlottesville area, it is less than an hour to the location, but today it is impassable. Interestingly, the truck involved was a a tractor hauling two trailers. These double loads make such accidents particularly dangerous and difficult to manage.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

100 Years Ago

2012-02-01T10:54:00.000-08:00

If we were to go back in time 100 years, would we recognize much of anything? If you went to Paris, you would see the Eiffel Tower. It was then the tallest structure in the world. But, you would not have as much time to enjoy it. The average life expectancy for a man was only 47 years. The pace of life was also much slower. The average city speed limit was just 10 miles per hour. There were also no lifesaving antibiotics. In fact, only 10 percent of doctors had actual medical degrees. Who knows where we will be 100 years from now? Will personal injury lawyers still have a role to play when people are injured in car accidents. 100 years ago, injury lawyers helped pedestrians who were run over by horse drawn buggies. I think the profession will adapt to the times.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Charlottesville and ALbemarle Population Growth

2012-02-01T08:12:00.001-08:00

Charlottesville And Albemarle County Experience Population Growth
It’s official. Both Charlottesville and Albemarle County experienced significant population growth between 2000 and 2010. Albemarle County now has over 100,000 people and Charlottesville has around 44,000 people. Unfortunately, the city and county roads have not been improved to keep pace with this population growth. Route 29 is perpetually backed up and is the site of many car accidents. AS an experienced personal injury lawyer, I have worked with accident investigation experts who analyze how road conditions affect accident rates. Our local roads are a factor in car accidents and our law firm has handled many personal injury cases involving crowded roads. In particular, crowded roads seem to lead to an increased number of accidents involving the running of red lights. An article in the Charlottesville Daily Progress recently discussed the use of red light cameras at a busy intersection on Route 29. Revenue of over $90,000 was generated by the cameras. And, accidents fell from 3 to 1 in a year. Is the drop attributable to the installation of the cameras. I think it is difficult to draw any conclusions based on the limited data. If accident rates stay lower after 3 or more years of camera operation, I would be willing to accept the conclusion. However, at this point, it seems more like wishful thinking. After all, all the traffic tickets that went out were sent for a reason, someone running the red light. So at this point, I think a drop from 3 to 1 is more the result of luck than drivers’ knowledge of cameras at the intersection.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Update on Hip Implant Devices

2012-01-30T18:38:00.000-08:00

Wright Medical Defective Hip Implant Device - Metal on Metal - Product Liability - Personal Injury Lawyer - Attorney

Wright Medical Hip Implant systems or devices, particularly the metal on metal hip implant devices such as the Wright Conserve Total Hip system, are causing the same type of problem experienced by patients who received the Johnson & Johnson Depuy metal on metal hip implant devices. Metal toxicity, or heavy metal poisoning, is being found in patients who have received Wright medical hip implant systems or devices. The problematic hip implant devices are the Wright Conserve Total Hip System, the Wright Profemur Total Hip System and the Wright Profemur Z. These metal on metal hip implant devices have a shallow cup, just like the Johnson & Johnson hip implant systems. The metal ions that cause the problems are cadmium and chromium, both of which are released by the hip implant device as it wears. Many health problems are associated with the buildup of such metal ions and the end result may be a complete replacement or revision of the hip implant system. Please contact us immediately if you are having health problems related to a hip implant. We can assist you in determining if your particular hip implant system is a known cause of your health problems. We can then protect your interests as necessary.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Update on I-64 Car Wrecks

2012-01-26T06:38:00.000-08:00

Not one, not two, but four car accidents caused by sunlight. In a recent post, I noted that I had seen two car accidents on I-64 which appeared to have been caused by the glare of the early morning sun. A Daily Progress news article confirmed that the Albemarle County car accidents were caused by bright sun, but also reported that there were actually four separate accidents involving a total of eleven cars. I-64 was backed up for over two hours, all because of glare from the early morning sun. This type of extended car accident is not uncommon in Germany where high speed highways leave little time for driver reaction. A few years ago, I read about an accident involving over 40 cars on the autobahn where weather conditions were the cause which began the chain of events. Such "mass" car accidents are challenging for any personal injury lawyer given the causation questions. Fortunately, the I-64 accidents did not result in any fatalities. However, lives were disrupted and according to the news report, there were "minor" injuries. I think "minor" injuries are those injuries which happen to someone else. It is like surgery. It is "minor" if you are not the one who is going into the operating room to face the risks of the procedure and anesthesia. I doubt that we will hear any more about these car accidents and the injury victims. And yet, it is a valuable teaching moment for every driver who is in a hurry to get to work or some other appointment. Pay attention to the driving conditions, including the rising sun!

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Public Reactio to Drunk Driving Enforcement

2012-01-24T07:08:00.000-08:00

We are fortunate to have a guest post today by Beckley Mason. Thanks for the information Beckley!

Though efforts of organizations like MADD have been successful at changing a culture of permissiveness surrounding drunk driving, we still see a number of drunk driving related cases each year. That’s why I find the comments section of The ClayCord can provide an interesting perspective how local residents near the GJEL Bay Area offices react to DUI checkpoint enforcement. On Saturday the 21, between 9:30PM and 3:30AM, the Concord Police Department used a well-signed DUI check point. Before I get into the reactions, here were the reported results.

• 683 drivers passed through the screening
• 7 DUI Suspects were Arrested
• 13 Vehicles were Impounded
• 11 Unlicensed/Suspended Drivers
• 1 Warrant Arrest made
• 1 Arrest for possession of a controlled substance

While the other arrests and impounds probably improved safety, the object of the stop was to catch drunk drivers. While removing 7 drunk drivers from the road is a worthy end, only one percent of the drivers were judged to be intoxicated. Was that worth the imposition to the other 700 drivers?

Taking a look in the comments section, that endless source of anonymous complaining, found mixed reactions. Some people complained that the stop had been in the wrong place, but most of the people who weren’t happy with the result were ticked off because they believed the stops amounted to illegal search and seizure. However in California, these stops are legal. In fact, the Concord department has received federal grants for the kind of programs they use to stop drunk drivers.
Though it’s a bit besides the point, it's quite possible for intoxicated drivers to avoid the stops altogether if they so choose. As one commenter put it, "He just drove past 6 huge sobriety Checkpoint signs, 4 lighted traffic signs, 150 orange cones, 3 Sheriff trailers, 7 motorcycle cops. The movie set of the Blues Brothers would have been less conspicuous!"

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Multiple Car Accidents on I-64 Because of Bright Sun

2012-01-24T07:05:00.000-08:00

Charlottesville and Albemarle County personal injury attorneys will be getting a lot of calls today. While I was on I-64 in Albemarle County this morning, I saw two car accidents involving multiple vehicles. Both the accidents were in the eastbound lanes of I-64 heading towards Charlottesville. The first accident was at the crest of a large hill which is just before the first Charlottesville exit. At the top of the hill, the morning sun hits the car driver in the eyes quite suddenly. And, at just the right moment, today it was around 8:15, the sun is quite blinding. The angle of the hill combined with a rising sun leaves the car or truck driver unable to see for a few seconds. At speeds of 65 miles per hour or more, the consequences can be deadly. Today, there was on car accident near the top of the hill and a second car accident a few hundred yards before the first car accident. Car bumpers were everywhere. State police lights were flashing at both scenes and ambulances were on the way.
The circumstances of the accidents highlight the need for drivers to pay attention to the road and maintain safe following distances. As a personal injury lawyer, we may be called on to evaluate the fault of the respective car drivers. If the lead driver slows because of sun light in his or her eyes and a following driver slams into the lead car, who is at fault? Did the lead driver overreact and slow to unreasonable speed too rapidly? Or is the following driver at fault for not maintaining a safe distance? As to the car accident that was down the hill, is anyone at fault when traffic suddenly stops in front of you because of an accident on the top of the hill? The safe answer is that the cars which struck the rear ends of the cars in front of them are the ones responsible. A creative approach would be to argue that the lead driver reacted in an unreasonable fashion, but I think this case would require some evidence that the reaction was truly unreasonable and unexpected. A skid mark pattern could assist in this analysis. Accident reconstruction expertise would be need to assist in the case development. The better approach for the driver is to anticipate weather related driver reactions and plan ahead. Most of the drivers on this stretch of I-64 are commuting to work in Charlottesville. The sun is a known difficulty on any mountain crest and a cautious driver should be ready to stop. Good Luck out there.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Specializing in Personal Injury Law in Charlottesville, Va.

2012-01-02T14:19:00.000-08:00

As a lawyer in Charlottesville, Virginia, the decision to specialize in personal injury law requires a commitment to help injury victims. Serious injuries from car accidents and truck accidents require expertise from an accident attorney on many fronts. The initial step is evaluating the circumstances of the accident or wreck to determine fault and liability. Then, the medical care that the accident victim has received must be considered and assessed. Another part of the evaluation includes looking at insurance, both medical and liability. These starting points for the evaluation of a personal injury case can be accomplished during the initial interview. Additional information is then gathered through documents and witness interviews. All of this information is collected with an eye to seeing how we can best serve the accident victim in the context of a personal injury case and, possibly, a lawsuit. I like to involve my personal injury clients in the entire process as I have found that the best result requires that the injury attorney and client be on the same page throughout the case.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Airplane Crash Tragedy for Albemarle Family

2011-12-23T08:06:00.000-08:00

It was with great sadness that I read the report of a plane crash involving a local family. In addition, a friend and business partner of the aircraft owner was also killed in the tragedy. Aviation disasters are usually thought of in terms of larger plane crashes involving commercial airliners, but the reality is that most plane crashes involve small aircraft piloted by owners. When I first started practicing law, one of the first cases in which I was involved concerned a Cessna aircraft that had crashed. Fortunately, everyone survived. The controversy was whether the crash involved pilot error or the failure of a fuel gauge. The current tragedy will likely involve a similar dispute, with the aircraft manufacturer and or mechanic pointing to pilot error and the other side looking to an equipment failure. Unfortunately, the victims have no input and the remaining family members are left to mourn their passing. The dangers of travel in the winter holiday season are emphasized by this tragedy and I hope we will not read of any more disasters.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Medical Mistakes Equal Medical Malpractice?

2011-12-14T12:53:00.000-08:00

Is a medical mistake considered to be medical malpractice? Most lawyers will tell you that a simple mistake without an injury is not malpractice. But, there are plenty of injuries that do result from medical malpractice. Medical malpractice statistics are appalling. For instance, an estimated 225,000 people die each year from some form of medical malpractice, ranging from incorrect diagnoses to surgical error. It is the third leading cause of death in this country. And yet, only two percent of victims file a claim for medical malpractice and even fewer ever receive any form of compensation. The Institute of Medicine estimates that 1.5 million patients are injured every year because of medication errors. Far less than 2 percent of the victims file a claim for medical malpractice. Why? One reason is that is difficult to prove medical malpractice. Most states have laws that require an expert opinion before a lawsuit is filed. In addition, many states limit recoveries, thus discouraging small claims. I also think that most people don't want to file a lawsuit, they just want to get better and they want their doctor to help them.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Crosswalk Safety and Pedestrian Fatalities - A Difficult Case When The Driver Is Sober

2011-11-21T18:29:00.000-08:00

Thanks to Beckley Mason for this guest post on pedestrian safety in crosswalks. The article is very timely as the Charlottesville Daily Progress just had a special feature about pedestrian accidents at the University of Virgina. The article came only a few days after a bicyclist was struck in a crosswalk.

Across the country, crosswalk laws are designed to protect pedestrians and encourage drivers to act cautiously and responsibly around intersections. Drivers and cyclists are expected to slow down and stop when a pedestrian wants to cross the street, and to generally cede right of way to the more vulnerable people. But a car, even traveling at 25 miles per hour, is harder to control than you might think. So pedestrians have a responsibility too, and aren’t protected by the law for crashes in which they leave the curb without giving approaching drivers a chance to see them and slow down.

According to California law, the driver's liability is mitigated by pedestrian's "duty of using care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard."

This provision is a necessity, but it creates a strange dynamic when it comes to fatal pedestrian crashes in which the driver is sober. Here’s a relatively common scenario in fatal pedestrian crashes: at night, so the driver has a harder time making out pedestrians, and away from busy or well-lit intersections, so few witnesses besides the driver and the victim see the collision. In such an instance, if the driver was sober and there is no hard evidence that the driver was distracted at the time of the accident, criminal charges are almost never pursued an in civil court, a plaintiff's verdict is not a foregone conclusion.

Take a recent case in Portland, Oregon. Two women were killed in the second lane from the crosswalk by a driver going the speed limit at night. The position of the crash implies that the women were well into the crosswalk at the time of impact. Also, the driver passed by four signs warning of crosswalks and received a call near the time when the collision occurred. All these signs point to culpability on the part of the driver. However the jury ruled that there simply was not enough evidence to prove the sober driver was indeed distracted. In the end, the civil trial jury did not give a verdict in favor of the families of the deceased women
Certainly, every case and every jury are different. The laws that are in place are the best attempt to create a fair system. What this case reminds us is that crosswalks present a dangerous situation that requires the full attention of both drivers and pedestrians.
Beckley Mason writes a street safety blog for GJEL Accident Attorneys.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Repeat of Deadly Weekend Car Crashes in Charlottesville

2011-11-12T18:39:00.000-08:00

Perhaps it is the lovely fall weather in Charlottesville that is causing such mayhem on our highways. Veteran's Day weekend has been highlighted by several deadly crashes in the area. The sad part of this report is that the deaths were preventable. A deadly car crash on I-64 claimed the life of a truck driver who was not wearing his seat belt. The restrained driver of the smaller car survived. The obvious lesson is to wear your seatbelt. In another accident, the two passengers of a drunk driver were killed. The drunk driver survived. Another obvious lesson, don't get in a car with a driver who has been drinking. The purpose of this post is not to cast blame, but to spread caution. The highways and roads of our communities are dangerous when simple precautions and safe driving techniques are not used. Don't be a victim. Think before you drive and as you drive.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Car Accidents Cost 300 Billion Dollars

2011-11-04T06:37:00.000-07:00

Charlottesville Personal Injury Lawyer

The number is correct. Car accidents cost Americans 300 billion dollars a year. The average cost per car accident is over $1500. Obviously, there are a lot of car accidents every year in this country, and so insurance companies and personal injury lawyers are kept very busy. Interestingly, Northern Virginia contributes a hefty portion of the 300 billion dollar total each year with over 7.4 billion dollars in car accident costs. Since the Washington D.C. area is the worst in the nation for traffic congestion, this statistic is not a surprise. Is there an easy fix that will reduce the annual cost of car accidents. Probably not as 90% of car accidents are due to driver error. Smart technology may be a long term solution as advances in technology that improve driver awareness may reduce accident totals. For instance, a leading cause of driver error accidents is the failure to maintain lane position. Smart technology can detect such a problem and warn the driver to regain control of the vehicle. Another hope lies in the reduction of drunk driving offenses. A million people a year are injured by drunk drivers. Again, new technology may help as ignition locks are increasingly used to prevent drunk drivers from starting their cars. But as for now, if you are the victim of a car accident, the best option is to call us for a free consultation.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tired Drivers Cause Car Accidents

2011-11-03T13:23:00.000-07:00

It is a fact. Tired drivers cause car accidents. The tired driver might be a truck driver pulling a trailer or maybe a college student heading home after exams. Some experts claim that as many as 60% of drivers on the road are driving drowsy. That statistic fits in with the portrait of our nation as being chronically sleep deprived. At some point in our driving careers, 36% of us will fall asleep at the wheel for a few seconds. This phenomenon is called microsleep and it is scary to realize how far a car or truck can travel in just a few seconds at 65 miles per hour. It is recommended that the long distance driver stop every 2 hours or 100 miles to stand up and stretch for a few minutes. Driving more than 500 miles a day is also not recommended.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro