Personal Injury Lawyers and Attorneys in Virginia

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

Skiing Accidents in Virgina

2011-10-27T10:49:00.000-07:00

Virginia skiing accidents (and snowboarding accidents) resulting in a personal injury are the subject of many questions under Virginia law. Unlike some states where skiing is major industry, Virginia skiing and snowboarding resorts are few in number and fairly small in size. Some local resorts are Wintergreen, Massanutten and the Homestead. Virginia does not have a comprehensive skier responsibility statute or other laws aimed at ski resorts and their operation. One general statute that does affect ski resorts concerns the operation of lifts used to transport skiers and snowboarders. These lifts are subject to regulation as an amusement attraction ride and have to conform to certain standards. Unfortunately, most personal injury claims involving skiers and snowboarders take place on the slopes of the ski resort. In such cases, the ski resorts often assert two primary defenses, contributory negligence and assumption of risk. In Virginia, proof of these defenses can lead to dismissal of a claim. In a ski or snowboard accident, it is vital to contact a personal injury lawyer as soon as possible so that an investigation can be launched quickly. For example, many ski resort employees are seasonal and move on after the ski season ends. Our law firm has handled ski injury cases in the past and we know the issues involved in such 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

Drunk Driver Car Accidents In Charlottesville and Albemarle

2011-10-19T08:13:00.000-07:00

Personal Injury Lawyer Charlottesville Albemarle

Two weeks ago in the Charlottesville area, a drunk driver caused a head on collision car accident that killed the driver of one car and seriously injured several passengers. This tragic case is not an isolated instance of drunk driving causing a car accident. Each year in this country, over 17,000 people die as a result of drunk driver car accidents. Recently, in Albemarle Circuit Court, a drunk driver pleaded guilty to two counts of maiming as a result of drunk driving. Another recent case in Albemarle Circuit Court involved a college student who was sentenced to 10 years in prison for a drunk driving accident that severely injured a construction worker. These are local examples of drunk diver car accidents that contribute to the national picture of over 1 million injuries a year caused by drunk drivers. Such a staggering statistic does not get the attention it deserves. To put the numbers in perspective, the terrorist attacks on New York City killed over 3,000 people whereas each year there nearly 6 times that many people being killed by drunk drivers. We spend billions of dollars on homeland security to prevent another Twin Towers tragedy but only a fraction of that amount is spent on fighting the much greater threat of drunk drivers. It is also a threat that is much more real for every driver on our roads. It is a daily problem across the country and deserves just as much attention as terrorism prevention efforts. Imagine the effect of every car being equipped with an ignition lock that tested for alcohol in your breath before allowing the vehicle to start. Do you think such an investment would result in a dramatic drop in drunk driver car accidents? It is a sentencing option for habitual offenders. Would it be too much of an intrusion on our lives to have such equipment in every new car?

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 and Fatality Statistics

2011-10-13T05:42:00.000-07:00

Personal Injury Lawyer Charlottesville

Car accidents result in over 100 deaths every day. In Charlottesville, the last week has brought news of several fatalities resulting from car accidents. Over the last 25 years, over 1 million people have been killed in car accidents in this country. That amazing statistic ties is the result of an average of 40,000 deaths per year from car accidents. Nearly half of that yearly number is the result of drunk drivers causing the car accident wrongful death. And yet, most people think that they are fairly safe when traveling on the road. That perception of safety is not very accurate. The average driver has a 1 in 9 chance of being involved in a car accident each year. Such odds do not engender a feeling of confidence for me when I get in my car, even though I think I am a good driver. We should all think about our driving habits and the care that we take when driving in order to avoid becoming an addition to these statistics. So the next time your cell phone rings while you are driving on a busy road, think before you pick it up and get distracted. Do you want to become one of the 40,000?

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 Accident Statistics Are Scary

2011-10-12T06:20:00.000-07:00

Charlottesville Personal Injury Lawyer

Halloween is coming and there will be many scary costumes. But even scarier are the statistics concerning car accidents. Did you know that every year you drive, you have a 1 in 10 chance of being in a car accident? To surmount those odds, you have to be a careful driver who is prepared to deal with the bad driver or the unexpected hazard. As a personal injury lawyer in Charlottesville, Virginia, I am always surprised at how many of my injury clients are the victims of drunk drivers. Unfortunately, the drunk driver and the bad driver usually do not have adequate car insurance and so the car accident victim has to look to his or her own insurance policy. Another frightening statistic is that in the United States, there are over 40,000 fatalities every year caused by car accidents. Think of how many plane crashes it would take to reach such a death toll. There are also over 3 million car accidents every year. These mind boggling statistics should make all of us more cautious drivers.

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

Madison Man Charged In Car Accident Injuring Albemarle Family

2011-10-05T08:17:00.000-07:00

A head on collision on Old Lynchburg Road severely injured an Albemarle family, all of whom are being treated at the University of Virginia hospital in Charlottesville, Virginia. According to the Daily Progress, the driver of the car who struck the Albemarle family's vehicle was a 28 year old resident of Madison, Virgina. He has been charged with driving under the influence. Both drivers remain in critical condition. This car accident case illustrates a fact that personal injury lawyers know only too well. Drunk drivers cause serious car accidents on a regular basis. As part of our personal injury law firm practice, we monitor cases involving drunk driving. Many times, our clients have to testify at the trial of the drunk driver. We assist our clients as needed in this process. If the blood alcohol level of the drunk driver exceeds certain levels, punitive damages are a possibility in the personal injury lawsuit. In Virgina, an award of punitive damages is limited by statute to a maximum of $350,000.00. In drunk driving personal injury cases, the option of pursuing punitive damages should always be considered as the potential for such damages enhances the overall case and can increase the likelihood of a prompt resolution of 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

Amtrak and Washington, DC

2011-09-29T10:50:00.000-07:00

FELA Employee Railroad Amtrak Washington,DC

Amtrak is a railroad corporation based in Washington, DC. Over the years, our personal injury law firm has represented many Amtrak employees located in the Washington, DC area. Amtrak personal injury clients have included engineers, conductors mechanical services, electricians, car cleaners, firemen and oilers members and every other craft. All of our injury clients have had cases under FELA, the Federal Employer's Liability Act. Washington, Dc is a great place to try a personal injury case. Injured Amtrak employees can almost always have their case tried in Washington, DC because it is the headquarters. For a free review of injury case facts, call us.

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

Statements to Insurance Adjusters

2011-09-27T05:47:00.000-07:00

Charlottesville personal injury lawyers, and lawyers all across the state of Virginia, are often faced with the issue of a prospective client telling them that the insurance adjuster required a statement. Fortunately, there is a Virginia law that requires insurance companies to provide a copy of any statement given by an insured to the insured or their lawyer. But the big question is, should the insured, the victim in the car accident, give a statement in the first place? As an experienced Virginia personal injury lawyer who practices across the state, I think the answer is a resounding no. The car accident victim gets no benefit from providing a statement. I have yet to encounter a case where the insurance company was more generous or accommodating simply because the insured gave a statement. In fact, nowadays, insurance companies are taking a very hard line on compensation for most accidents, particularly the low impact type of car accidents. In Charlottesville, the most common type of car accident injury is from a low speed impact. I suppose the urban environment with rush hour traffic lens itself to this type on accident. In contrast, the surrounding counties, such as Albemarle, Greene, Louisa, Fluvanna, Nelson, and Madison see more high speed car accidents with significant damage to the car. A personal injury attorney has a lot more to work with when there is a lot of car damage. But the bottom line is, do not give a statement to an insurance company adjuster until you have met with a personal injury lawyer.

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