Virginia Injury Lawyers Blog

December 14, 2023

Fatal Maryland Car Accident Kills Four People

According to the Maryland Department of Transportation, 563 people have died in a Maryland car accident in 2023. Fatal Maryland car accidents can have a number of causes, from driver carelessness to inclement weather to a faulty vehicle part. If a driver’s carelessness leads to a person’s death, the deceased person’s loved ones may bring a lawsuit against the driver for damages. However, issues can arise when multiple drivers share responsibility for the crash.

As a recent news article reported, a fatal Maryland car accident claimed the lives of four people. According to Maryland state troopers, the accident occurred when a Saturn struck the rear of a Chevrolet attempting a left turn in the westbound lane. Due to the impact of the crash, the Chevrolet entered the eastbound lane, where it was struck by a Ford. As a result of the collision, the Chevrolet drivers and three passengers died from their injuries.

Can You Sue Multiple Defendants After a Fatal Maryland Car Accident?

November 30, 2023

One Dead in Fatal Virginia Motorcycle Accident

by Sidney Schupak, Esq.

Because motorcycles have fewer safety protections than cars, a motorcycle accident can lead to significant injuries and fatalities. When a person dies in a fatal motorcycle accident, their surviving loved ones may be unsure what to do next. While bringing a lawsuit may be the last thing on their mind, recovering compensation can help alleviate the medical, funeral, and burial expenses resulting from the accident. An experienced Virginia personal injury attorney can work with you to hold the responsible driver accountable for a motorcycle accident.

For example, according to a recent news story, one person tragically lost his life in a Virginia motorcycle accident. Virginia State Police reported that the Arlington, Virginia crash took place on southbound I-395 in the early morning. Three motorcyclists were traveling on the highway when a SUV struck all their motorcycles from behind. Two of the motorcyclists were transported to the hospital, where one sadly died from his injuries.

What Are the Elements of a Fatal Virginia Motorcycle Accident Lawsuit?

When a person dies in a Virginia motorcycle accident, their loved ones can bring a wrongful death lawsuit against the responsible driver. In Virginia, the deceased’s personal representative must file a wrongful death lawsuit, but the deceased’s loved ones may receive the resultant damages award. Virginia law allows representatives to bring a wrongful death action if the deceased could have sued if they survived. Therefore, to prevail on a wrongful death action, the plaintiff must prove all four elements of negligence. These include a duty of care, a breach of that duty, a causal link between the breach and the accident, and harm as a result of the accident.

October 9, 2023

Types of Penalties for a Maryland Hit-And-Run Accident

by Sidney Schupak, Esq.

Hit-and-run accidents are serious offenses. When a driver flees the scene of an accident, they often worsen an injured victim’s likelihood of recovery. By failing to render medical aid or call an ambulance, hit-and-run drivers cause a delay in care to the victim, which may lead to death or severe bodily harm. Due to the egregious nature of a hit-and-run, drivers who flee the scene of an accident can face significant legal penalties, including hefty damages awards in a negligence lawsuit.

According to a recent news story, a driver and passenger died following a hit-and-run accident in Prince George’s County, Maryland. Local police believe an unidentified driver was heading northbound on a local road when it collided with another vehicle attempting a left turn into the southbound lane. As the vehicles collided, they caught on fire. The driver and passenger of the left-turning vehicle died at the scene. The other driver, however, fled the scene on foot. Later, investigators determined that the hit-and-run driver stole the vehicle from a nearby residence. Investigators are continuing to search for the unidentified driver.

What Are the Penalties for a Maryland Hit-And-Run?

In Maryland, leaving the scene of an accident carries significant consequences. If the hit-and-run accident results in property damage but no bodily injury, the hit-and-run driver faces up to 60 days in prison and $500 in fines. If the accident causes bodily injury, the driver may receive up to 5 years in prison and $5,000 in fines. Finally, if a person dies in a hit-and-run accident, a driver who fled the scene could face 10 years in prison and a $10,000 fine. In addition, a Maryland hit-and-run driver could have their license suspended or revoked.

September 5, 2023

Understanding Virginia Hit-And-Run Accident Insurance Coverage

by Sidney Schupak, Esq.

Hit-and-run accidents often cause severe bodily injury, property damage, and psychological harm. If you are injured in a hit-and-run accident, you may seek coverage from your insurance company. However, insurance companies are businesses, and they often do not cover the full extent of their customers’ harm. When insurance does not provide the compensation you need, you may be able to bring a personal injury lawsuit to hold a hit-and-run driver accountable for your injuries.

For example, one person suffered injuries following a hit-and-run collision in Washington, D.C. According to a witness, the victim was riding a Lime scooter in the early morning hours when a car struck his scooter. Rather than stopping to provide aid, the driver kept driving toward Virginia. Local police have continued to investigate the crash.

Can You Pursue Insurance Coverage After a Virginia Hit-and-Run?

Virginia allows insured drivers to seek coverage for a motor vehicle accident without identifying the responsible driver. According to the Virginia Bureau of Insurance, drivers in Virginia must purchase Uninsured/Underinsured Motorist (UM) coverage, which every insurance policy must offer. This type of coverage provides bodily injury and property damage protection in an accident with a hit-and-run driver. You can still receive UM coverage if you do not identify the responsible driver, but you must pay the first $200. If you have identified the driver, UM coverage can help pay the difference if the driver’s liability limits are not high enough to cover your damages. The minimum amount of UM coverage is $30,000 for bodily injury liability and $20,000 for property damage liability.

July 31, 2023

Bringing Wrongful Death Lawsuits After Fatal Virginia Hit-and-Run

by Sidney Schupak, Esq.

Hit-and-runs are senseless tragedies that occur when a driver leaves the scene of an accident. Too often, the person who committed the hit-and-run leaves behind another person who has suffered injuries from the crash. By fleeing the scene instead of seeking medical attention, a hit-and-run driver leaves an injured victim helpless, often worsening the victim’s harm. When a driver’s actions lead to another person’s death, the deceased’s family may pursue a wrongful death lawsuit to hold the hit-and-run driver responsible in court.

As a recent news article tragically reported, a passenger lost her life following a hit-and-run in Washington, D.C. The accident occurred as a Ford was traveling north at an intersection when a Mercedes drove through a red light, slamming into the Ford. As a result of the crash, a backseat passenger in the Ford was ejected from the vehicle. Following the accident, the driver and passenger in the Mercedes ran from the scene. Sadly, the Ford passenger died at the scene. The other two occupants of the Ford suffered minor injuries.

Can You Bring a Lawsuit for Damages After a Fatal Virginia Hit-and-Run?

Virginia allows plaintiffs to bring a wrongful death suit after a fatal hit-and-run accident. Under Virginia law, the deceased’s personal representative must bring the wrongful death lawsuit. However, the law specifies that the resulting damages award will go to the deceased’s surviving spouse and children or, if the deceased did not have a spouse or children, the deceased’s parents, siblings, and any dependent relatives. A Virginia plaintiff can bring a wrongful death lawsuit against a defendant as long as the deceased would have also been able to bring a lawsuit had they survived the accident.

June 30, 2023

Truck Accident Victims in Virginia Deserve Justice

by Sidney Schupak, Esq.

Too often, truck accidents have tragic consequences. The size and weight of a truck means that collisions tend to be severe. If you or a loved one suffers harm in a Virginia truck accident, you may be able to hold the responsible party liable for your injuries. A recent crash in Virginia illustrates the devastating harm that may result from a truck accident.

According to a recent news article, four people lost their lives in an accident involving two tractor-trailers and four cars in Montgomery County, Virginia. The accident occurred along as a family was traveling north on Interstate 81 in the rain when their U-Haul trailer lost control and spun around. The family members were then struck by a northbound tractor-trailer. Sadly, four of them died at the scene.

Can You Sue Employers for Employees’ Negligent Driving?

Virginia law allows plaintiffs to sue an employer for an employee’s negligent conduct under the theory of respondeat superior, which is also known as vicarious liability. To hold an employer liable for an employee’s negligence, a Virginia plaintiff must prove that the employee was acting within the scope of employment when the accident occurred. Employees act within the scope of their employment when they work at their designated time and workspace and perform a task that furthers the employer’s business. For example, truck drivers would act within the scope of employment if they injured someone while completing a delivery for the employer. However, if an accident occurred when the truck driver was using the employer’s truck for personal errands, that driver would not be acting within the scope of employment.

May 21, 2023

Recovering Damages After a Virginia Pedestrian Accident

by Sidney Schupak, Esq.

Too often, pedestrian accidents result in severe injury or even death. Typically, they occur when a driver fails to spot a pedestrian or a pedestrian crosses the road outside of a designated crosswalk. No matter the cause, when a person or their loved one suffers injuries after a pedestrian accident, they make seek to hold the responsible party accountable through a negligence lawsuit.

As a recent news article reported, a pedestrian accident tragically killed a three-year-old boy in Lynchburg, Virginia. According to eyewitnesses, the accident occurred when the child approached the side of a truck. As the truck driver began to travel, he struck the child, whom he did not see. Tragically, the boy died at the scene. Police are continuing to investigate the cause of the accident.

What Are the Elements of a Virginia Pedestrian Accident Lawsuit?

If a person or their loved one suffers injuries in a Virginia pedestrian accident, they can bring a personal injury lawsuit against the responsible party for negligence. In a negligence suit, the plaintiff must prove four essential elements by the preponderance of the evidence, meaning at least 51% more likely than not. Specifically, they must prove the defendant owed the plaintiff a duty of care, breached that duty through their action or failure to act, caused the accident through their negligence and that the plaintiff suffered harm due to the accident. The same elements of a negligence claim also apply to wrongful death suits. The intention behind wrongful death lawsuits is to hold the defendant responsible even though the deceased cannot sue them directly in court. Therefore, the person bringing the wrongful death lawsuit must prove that the deceased would have prevailed in a negligence suit had they sued the defendant directly.

April 24, 2023

Recovering Damages in a Virginia Red Light Accident

by Sidney Schupak, Esq.

When a driver runs a red light, they risk colliding with a vehicle traveling in a different direction. These red light accidents may result in severe injury or property damage to a vehicle. When these serious injuries occur, an accident victim may sue the driver who ran a red light for damages. An experienced Maryland personal injury attorney can help injured victims understand the laws that govern damages suits against a negligent driver.

As a recent news article reported, one person died and three people suffered injuries after a three-vehicle crash in Glen Burnie, Maryland. According to local police, a Toyota was traveling southbound when it ran a red light. The Toyota then drove right into an intersection, where it collided with a Chevrolet making a left turn. Unfortunately, a third vehicle was also turning left, and it was struck by both vehicles. A passenger in the Chevrolet tragically died at the scene. The Chevrolet driver, the Toyota driver, and a passenger in the Toyota were transported to the hospital for their injuries. As local police reported, the Toyota driver may have been driving under the influence of alcohol and speeding when the accident occurred.

How Can You Recover Damages After a Red Light Accident?

When someone causes injuries after running a red light, an injured victim may be able to bring a negligence claim to recover monetary damages. To succeed on a negligence claim, the plaintiff must prove the defendant owed the plaintiff a duty of care, breached that duty by acting carelessly or failing to act, caused an accident through their carelessness and that the plaintiff suffered consequent injuries, whether to their person or property. Examples of careless or negligent actions may include running a red light, distracted driving, or driving under the influence of drugs or alcohol. In fact, driving while distracted or under the influence may cause a driver to run a red light, potentially leading to a serious accident.

March 31, 2023

Recovering Damages After Virginia Train Accident

by Sidney Schupak, Esq.

Not all traffic accidents involve two people driving cars. Drivers may suffer an accident involving public transportation, including trains and light rails. When a train conductor fails to exercise ordinary care, both passengers and other drivers on the road may suffer the consequences. To bring a successful negligence lawsuit after a Virginia train accident, it is crucial to understand the rules for recovery when the responsible party is a public transportation department.

According to a recent news article, a teenager died after a train accident in Linthicum, Maryland. The accident occurred as automatic roadway gates began to lower and block traffic for the light rail train to pass. Before the roadway fully closed, the train conductor entered the intersection, colliding with the passenger side of a sedan. The driver died at the scene. The railroad conductor was unharmed. Initially, investigators believed the accident occurred when the driver failed to heed warning signals that the roadway gates were closing. However, upon further investigation, officers found the conductor caused the driver’s death by entering the intersection before the roadway could close. As a result, officers charged the conductor with negligent manslaughter, criminal negligence, and reckless endangerment.

Can You Sue for Civil Damages After Criminal Charges?

Because criminal and civil cases are separate actions, you can bring a civil negligence lawsuit for damages against a defendant who is facing criminal penalties; a criminal case does not bar your civil claim. This is true even if the criminal penalties include fines, which remain district from a civil damages award to a winning plaintiff. Additionally, the lower burden of proof in civil cases may result in a different outcome from a criminal trial. Even if a jury finds a defendant not guilty in a criminal case, a jury in a negligence lawsuit could find that defendant liable for civil damages.

February 8, 2023

Virginia DUI Accident Kills Passenger

by Sidney Schupak, Esq.

Even driving in clear conditions can be dangerous with a lapse of attention, mechanical failure, or unexpected actions from other drivers, pedestrians, or even animals. But when a driver is driving unsafely by recklessly disregarding the safety of other drivers or their passengers, including driving under the influence, tragedy is unfortunately even more likely to strike.

In Virginia, the chance of being in a crash due to alcohol-related reasons is one in six over an individual’s life. In 2019, 32% of traffic fatalities were alcohol-related, and nearly 19 thousand people were convicted of DUI.

According to a recent news report, a front-seat passenger died from life-threatening injuries sustained when the vehicle the passenger was riding in hit a utility pole at 7:15 PM. The car, a Volvo, was the only vehicle involved in the accident. Observers say there was no evident reason for the car to leave the roadway and strike the pole and that the driver of the vehicle was under the influence of alcohol. The driver was arrested at the scene, and the crash is currently under investigation.