Virginia Injury Lawyers Blog

November 30, 2024

Salisbury Tragedy on Route 50 Illustrates the Dangers of Single-Vehicle Accidents

A devastating single-vehicle accident on Route 50 near Salisbury claimed the lives of two residents and left a community mourning. The crash occurred when the driver of the vehicle lost control, causing the car to leave the roadway and overturn. While emergency responders worked tirelessly at the scene, the tragic outcome serves as a reminder of how serious and life-altering single-vehicle accidents can be.

Single-vehicle accidents often involve complex legal and factual questions. While initial impressions might suggest the driver is solely at fault, various factors could contribute to these crashes, such as mechanical defects, road hazards, or inadequate signage. For those impacted by such incidents—whether victims or their families—understanding their rights and seeking legal guidance can be a critical step in finding answers and pursuing justice.

The Unique Challenges of Single-Vehicle Accidents

Single-vehicle accidents, like the recent Salisbury tragedy, are more common than many realize. They account for a significant percentage of roadway fatalities nationwide. While driver error is often cited as a leading cause, other contributing factors may not be immediately apparent. Defective tires or brakes, poorly maintained roadways, or sudden obstacles can create conditions that are impossible for even the most careful driver to avoid. Investigating these factors requires expertise and attention to detail.

Victims and their families often face a host of challenges in the aftermath of a single-vehicle accident. Medical bills, funeral costs, and emotional distress can compound an already overwhelming situation. Unfortunately, insurance companies may attempt to deny claims or shift blame, leaving victims or their loved ones struggling to secure fair compensation.

Investigating and Establishing Fault

Determining fault in single-vehicle accidents is not always straightforward. A comprehensive investigation may uncover contributing factors that shift liability away from the driver. For example, if the crash was caused by a defect in the vehicle, the manufacturer may bear responsibility. Similarly, if poor road design or hazardous conditions played a role, a government entity or contractor may be liable.

October 23, 2024

Southeast D.C. Multi-Vehicle Crash Leaves Four Injured: How to Protect Your Rights After an Accident

by Sidney Schupak, Esq.

A serious multi-vehicle accident in Southeast Washington, D.C., resulted in four people being injured, with two suffering critical injuries. Emergency responders from both D.C. Fire and EMS and Prince George’s County Fire and EMS were called to the scene on Southern Avenue, where they rescued one person who had been trapped in their car. All four injured individuals were taken to the hospital, where they are being treated for their injuries.

Multi-vehicle accidents like this can lead to devastating consequences, not only physically but also financially and emotionally.

Understanding your legal rights is crucial for those injured in such accidents. In Washington, D.C., accident victims have the right to pursue compensation for their injuries through personal injury claims, which hold the responsible parties accountable.

Understanding Your Rights After a Multi-Vehicle Accident

Multi-vehicle accidents are often complex and involve multiple factors, such as reckless driving, distracted driving, or unsafe road conditions. In this case, where four individuals sustained serious injuries, determining the cause of the crash and identifying who is liable is crucial in securing compensation for medical expenses, lost wages, and other damages.

Victims of car accidents in Washington, D.C., are entitled to file personal injury claims against those responsible for the crash. This process involves proving that another party’s negligence caused the accident and resulted in injuries. Given the complexity of multi-vehicle crashes, working with a skilled attorney can be invaluable in ensuring that all liable parties are identified and held accountable.

September 30, 2024

Labor Day Crash Leaves Five People Hospitalized

by Sidney Schupak, Esq.

Long weekends and holidays, like Labor Day, often bring a surge in traffic, leading to more accidents on the road. The mix of unexpected traffic volumes and irregular driving patterns can overwhelm the local infrastructure, making it more difficult for drivers to navigate safely. Unfortunately, this past Labor Day in Washington, D.C., was no exception, as a serious accident took place that sent five people to the hospital, with one person trapped in their vehicle.

The accident occurred early in the morning, around 2:20 a.m., on the 2900 block of 13th Street Northwest, near the Columbia Heights Metro station. Two vehicles were involved in the crash, and by the time emergency responders arrived, they found one of the vehicles lying on its side with a small fire that had fortunately been extinguished. The crash’s impact had caused significant damage, and one motorist was trapped inside their vehicle, creating a terrifying situation for both the victim and the emergency crews. With four men and one woman needing medical attention, the situation quickly became a race against time.

As the rescue teams worked to free the trapped individual, the severity of the incident became clear. Serious injuries were reported, though the exact cause of the crash remained under investigation. The work of the emergency personnel at the scene was critical, as getting the trapped person out of the wreckage quickly could mean the difference between life and death. In many cases like this, being trapped in a vehicle after an accident is a life-threatening situation. Victims can suffer from complications such as suffocation, severe blood loss, or the risk of being burned if fire breaks out again. Crush injuries caused by the weight of the vehicle or debris can also result in long-term disability or even death if the person is not rescued swiftly.

August 31, 2024

Several Children Seriously Injured in Terrifying Southern Maryland Bounce House Incident

by Sidney Schupak, Esq.

Summer is a season filled with excitement and opportunities for families in Maryland to enjoy a wide variety of outdoor activities. From local fairs and amusement parks to sporting events, there are countless ways to create lasting memories with loved ones. Children in particular delight in the temporary attractions and rides that often accompany these events, such as bouncy houses, carnival games, and food stands. While these experiences are meant to provide fun and entertainment, there is always an inherent risk involved, especially when the attractions are temporary and not permanently established. Sometimes, inadequate precautions are taken, which can result in dangerous situations for eventgoers.

A recent accident at a minor league sports game tragically underscored these dangers. What was intended to be a fun-filled day at the ballpark quickly turned into a chaotic and frightening experience for several families. A bouncy house that had been set up as part of the event was picked up by a sudden gust of wind and flung across the field, injuring several children who were playing inside. In the blink of an eye, a seemingly innocent attraction became a hazard, forcing emergency responders to rush to the scene. Two children were critically injured and had to be airlifted to a hospital for treatment, while others received medical attention on-site.

This terrifying incident raises important questions about safety protocols at events where temporary attractions are involved. The weather on that day was clearly unpredictable, but this does not excuse the decision to allow the bouncy house to remain in operation despite the looming threat of dangerous winds. In retrospect, it seems evident that the ride should have been shut down well before the weather conditions deteriorated to the point where it became unsafe. The stakes holding the bouncy house in place were ripped from the ground by the wind, showing just how ill-prepared the attraction was for the environment. Fortunately, no lives were lost, but the severity of the injuries sustained by the children highlights the need for better safety measures.

July 30, 2024

A New Law Ensures Safety and Accountability at Maryland’s Recreational Facilities

by Sidney Schupak, Esq.

Every year, hundreds of injuries, and even deaths, occur at recreational facilities across Maryland and the East Coast. Whether it’s a thrilling day at a trampoline park, an adventurous climb at a rock wall gym, or a family outing to an amusement park, the risks of injury are real and significant. These accidents are often not mere flukes but the result of negligence on the part of the facility or its employees. Until recently, however, many consumers unknowingly signed away their right to seek compensation for such injuries. The recent passage of a new law in Maryland is set to change that, marking a significant step to protect consumers.

A Landmark Law for Consumer Protection

On May 16, 2024, Maryland Governor Wes Moore signed into law a bill passed by the Maryland General Assembly that prohibits waivers of liability for negligence at commercial recreational facilities. This new law represents a monumental shift in how businesses and consumers share risk at recreational activities. For years, facilities such as trampoline parks, rock climbing gyms, and other entertainment venues have required customers to sign pre-injury waivers as a condition of entry or participation. These waivers effectively stripped consumers of their right to seek legal recourse in the event of an injury caused by the facility’s negligence.

By declaring these waivers void and unenforceable, Maryland has taken a decisive stand to protect its citizens from unjust and potentially dangerous practices. Business owners often used these waivers as a shield to avoid accountability for the negligent actions of themselves or their employees. This law ensures that all recreational facilities are held to the same standard of care, fostering a safer environment for everyone involved.

June 30, 2024

Distracted Driving Responsible for Fatal Beltway Crash

by Sidney Schupak, Esq.

In the early hours of a recent Wednesday morning, a tragic three-vehicle crash occurred on the inner loop of the Capital Beltway near Georgia Avenue in Montgomery County, Maryland. The collision involved a 2005 Honda Accord and a 2020 Jeep Wrangler, and happened around 3 a.m. The incident resulted in the death of a passenger and left six others injured. Authorities believe that the crash, which is still under investigation, may have been caused by distracted driving. The collision led to hours of lane closures, causing significant delays that extended into the morning commute. This tragic event highlights the dangers of distracted driving and the serious consequences it can have.

Distracted driving remains one of the most dangerous and pervasive issues on our roads today. According to the National Highway Traffic Safety Administration (NHTSA), a staggering 80 percent of auto accidents are caused by some form of driver distraction. Safely operating a vehicle requires complete focus, and even a momentary lapse in attention can lead to catastrophic results. Despite 98 percent of adults acknowledging that texting while driving is unsafe, nearly half of them admit to doing it anyway. It’s estimated that at least 26 percent of total crashes involve drivers talking or texting on cell phones. These statistics underscore the critical importance of staying focused and alert while driving to prevent accidents and save lives.

Victims of car accidents caused by distracted driving may be entitled to compensation for their injuries and losses. It doesn’t matter which driver was distracted; all injured passengers have a potential avenue for legal relief. The experienced attorneys at The Schupak Law Firm specialize in Maryland and D.C. personal injury and car accident cases. They have a proven track record, having secured millions in settlements and judgments for their clients. Whether you are dealing with medical expenses, lost wages, or pain and suffering, The Schupak Law Firm can help you navigate the legal process to ensure you receive the compensation you deserve.

May 22, 2024

Types of Lawsuits After a Fatal Virginia Accident

by Sidney Schupak, Esq.

Fatal accidents affect not only the drivers involved but also their loved ones. After a person dies in a car accident, their family may be left with emotional and financial consequences from the crash. To provide closure and alleviate their financial burden, the deceased’s family may choose to file a lawsuit against the responsible driver. If you are considering a personal injury lawsuit, it is important to understand the difference between a wrongful death and a survival action, which are different types of lawsuits under Virginia personal injury law.

For example, as a news article recently reported, a Rockville, Maryland fatal accident claimed the life of one person. Local police observed a sedan speeding and turned on their emergency equipment. Shortly thereafter, they encountered a two-vehicle crash between the sedan and another vehicle. According to local investigators, the sedan likely collided with the other vehicle while making a turn. Sadly, the other driver died at the scene. The sedan driver fled from the scene, but police later apprehended him.

What Are the Differences Between Wrongful Death Lawsuits and Survival Actions?

In Virginia, there are two types of lawsuits you can bring after a fatal accident. A wrongful death lawsuit compensates the deceased victim’s family for the harm they have suffered from the accident. A court will award damages for pain and suffering, which compensates for the emotional and psychological harm resulting from the accident. A wrongful death lawsuit can also allow the victim’s family to recover economic damages, including the deceased’s lost future earnings. Conversely, survival actions compensate the deceased victim as if they had survived. The deceased’s personal representative files the survival action, but the damages award will go to their family. The damages recoverable in a survival action are the same as the deceased could recover had they survived.

April 2, 2024

Six Construction Workers Presumed Dead After Baltimore Bridge Collapses

by Sidney Schupak, Esq.

If you have lost a loved one in a fatal accident, you may not know what to do next. While bringing a lawsuit is probably the last thing on your mind, it can begin to provide closure and permit compensation for the emotional harm you have suffered. The recent Francis Scott Key Bridge collapse provoked conversations about the liability that could result from the deaths of six construction workers who were on the bridge when it collapsed.

The collapse of the Francis Scott Key Bridge in Baltimore, Maryland led to construction workers’ deaths and untold property damage throughout the area. As CNN reported, eight people were on the bridge when it collapsed after a ship struck the bridge. Two people were rescued, but six construction workers were sadly presumed dead after an extensive search and rescue operation. Before it hit the bridge, the ship’s lights flickered as it veered off course. The crew signaled a “mayday” before crashing, altering authorities to prevent incoming traffic from crossing the bridge. Sadly, they could not prevent harm to the people who were already on the bridge, whose families continue to mourn.

Can the Victims’ Families Sue for Wrongful Death?

The victims’ families may be able to pursue a wrongful death lawsuit, likely against the owner of the ship that ran into the bridge. Maryland law allows a deceased victim’s spouse, parents, and/or children to file a wrongful death action against the party responsible for the victim’s death. To prevail in a wrongful death lawsuit, the person bringing the suit must prove all the elements of negligence the deceased would have to prove if they survived the accident. Specifically, wrongful death plaintiffs must prove the defendant owed the victim a duty of care, breached that duty through their actions or failure to act, caused the accident, and that the victim died as a consequence. Plaintiffs must prove these elements by a preponderance of the evidence, meaning it was at least 51% likely that the defendant’s negligence led to the victim’s death.

March 30, 2024

Four People Killed in Fatal Virginia Auto Accident

by Sidney Schupak, Esq.

If a person has lost a loved one in a Virginia auto accident, they may want to put the event behind you as quickly as possible. However, holding the responsible driver accountable in court can provide closure and compensation for expenses resulting from the accident. Working with a personal injury attorney can help a person navigate the lawsuit process and recover damages for the harm their family has suffered.

As a recent news article reported, four people were killed in a car accident that occurred in Prince George’s County, Maryland. According to a first responder, a pickup truck traveling west on a local road struck a vehicle and continued traveling with a tire that had caught on fire. Then, the truck hit a van head-on. The van then caught on fire. Sadly, four people died from their injuries. Eight other people suffered a range of injuries.

Who Can Receive Damages in a Virginia Wrongful Death Claim?

While the representative of the deceased person’s estate files the wrongful death claim, the ultimate damages award will go to the deceased’s beneficiaries. Under Virginia law, these can include the deceased person’s surviving spouse and children or grandchildren if their children are also deceased. If the deceased does not have a spouse or children, the damages award can go to the deceased’s surviving parents, siblings, or any relative who was a dependent or shared a household with the deceased. Finally, if the deceased person has no surviving relatives under these categories, any other surviving family member can recover damages.

February 29, 2024

Virginia Head-On Collision Causes Multiple Injuries

by Sidney Schupak, Esq.

Head-on collisions can lead to serious injuries, especially when an accident involves multiple vehicles. Drivers and passengers may suffer serious physical injury, brain injury, and emotional harm from the traumatic event. Because head-on collisions often involve strong force and high speeds, they may also lead to fatalities. When a head-on collision involves multiple drivers, an injured accident victim may wish to hold all drivers accountable for their harm. Understanding Virginia’s rules of recovery is key to recovering the compensation you need after a head-on collision.

For example, a recent head-on collision involving three vehicles led to multiple injuries. According to a local news article, the accident occurred in Maryland as the vehicles were traveling on the highway. First responders closed the westbound lane of the highway where the head-on crash took place. The investigation into the crash remains ongoing.

Can You Recover Damages from Multiple Defendants for a Virginia Head-On Accident?

If more than one defendant caused your injuries, you may sue multiple defendants for negligence. Virginia follows a pure joint and several liability system. Under this theory of liability, the plaintiff may recover the full damages amount from any defendant. For example, if two defendants are equally responsible for the plaintiff’s injuries, but one cannot pay 50% of the damages award, the plaintiff can collect 100% of the damages award from the other defendant. In this respect, Virginia differs from other states that follow several liability or modified joint and several liability. In pure several liability states, each defendant is only responsible for paying damages proportionate to their share of fault. Under modified joint and several liability, states will only require one defendant to pay the full damages award if their portion of fault for the accident meets a certain minimum threshold, such as 51%.