Virginia Injury Lawyers Blog

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.

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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.

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Pedestrians in Virginia and the Beltway region have been at an increased risk of injury from auto-pedestrian accidents in recent years. Obsolete traffic control devices, as part of a broader shift away from pedestrian infrastructure, have caused more pedestrians to cross dangerous roads without the right-of-way, resulting in hundreds of injuries and deaths in recent years in the region. A woman was recently killed when attempting to cross the street from a restaurant in Washington County earlier this month.

According to a local news report discussing the incident, the 72-year-old victim was crossing the street in front of the Williamsport Waffle House restaurant on Route 11 an early morning in January, when she was struck by a GMC truck and died at the scene of the crash. Reportedly, it was still dark outside when the crash occurred, and visibility may have been an issue. The driver of the truck stopped after the incident and has cooperated fully with authorities concerning the tragedy, although the article does not note if a citation was issued to the driver after the crash.

Pedestrians in Virginia should exercise extreme caution when walking near a roadway or crossing the street. It is always best to find a crosswalk to cross a busy street and make eye contact with any stopping drivers before entering the road to ensure that they see you. Drivers owe all pedestrians a duty to avoid a collision and can be held accountable for causing a crash. A pedestrian who is hit by a vehicle while properly using a crosswalk has the right of way, and the driver of the vehicle can be held financially accountable for any injuries suffered in the crash.

In recent years, the dangers of prescription opioids have gained significant public attention. The public has now recognized the potential for severe opioid addiction and the dire health outcomes it portends. What has gained less attention is the link between opioid use and motor vehicle accidents. Research has shown that people who take prescription opioids are more than twice as likely to be involved in a car accident than people who don’t. As opioid use climbed from the 1990s and early 2010s, so did the number of fatalities among drivers who used prescription opioids. Until recently, however, little was known about the link between prescription opioid use and non-fatal motor vehicle accidents.

A recent study from researchers at Yale University sought to remedy this gap in knowledge. In a study of non-fatal accidents from 2014-2018, the researchers found that car accidents involving opioids have significantly decreased. The researchers started with de-identified data from roughly 255 million people with health insurance from all 50 U.S. states and Washington, D.C. From there, they looked at over 142,000 emergency room visits resulting from motor vehicle accidents. Then, they determined how many injured drivers had an active opioid prescription at the time of the accident. Each year, the number of drivers with opioid prescriptions dropped. By the end of the study, so did the number of accidents.

The study’s authors credit this change to the Center for Disease Control and Prevention (CDC)’s 2016 guidelines around the prescription of opioids. That year, the CDC provided guidance for doctors on whether to prescribe or continue prescribing opioids, along with the length and dosage of prescriptions. Additionally, the CDC offered strategies for assessing the risks of opioid abuse and the harm it can inflict on patients and their families. After the CDC published its guidelines, non-fatal accidents involving opioids decreased by 28%. According to an author of the study, this data suggests that more cautious opioid prescription practices have reduced the occurrence of motor vehicle accidents. The study’s lead author further credits lawmakers at the federal and state levels who have tried to address the opioid crisis. They praised measures including drug take-back programs, electronic databases that monitor the number of opioid prescriptions within a state, and further restrictions on opioid prescriptions.

In today’s world, it is common to see riders being picked up by popular rideshare services such as Uber or Lyft. These rideshare services offer convenience at the tip of our fingertips as individuals and groups book rides to get them from point A to point B using the mobile app on their phones. Rideshare companies have their own policies for dealing with car accidents that result while rideshare drivers are on the clock, and this includes their own requirements for insurance coverage. According to a quick look at Uber’s website, a partner driver must be insured, and while rideshare drivers are online with Uber, the company maintains auto insurance on the driver’s behalf. Figuring out exactly which type of insurance coverage a family member has after a serious accident can be complex.

According to a recent news article, a Maryland man working for a popular rideshare service company was killed in a car crash in Baltimore County, Maryland. His family is suing Uber, the rideshare service he worked for, due to a dispute regarding the amount of insurance coverage provided to the deceased man. In December 2021, another driver caused a car accident, resulting in the death of the man whose family is suing Uber and the death of the at-fault driver. In addition, other rideshare passengers suffered serious injuries. The other driver was driving on the wrong side of the road, resulting in their vehicles colliding head-on. In addition, the other driver was in possession of a stolen car, and toxicology results showed that he had cocaine and fentanyl in his system. The other driver did not have insurance. The family is suing Uber Technologies Inc., claiming that the company committed fraud. The family believes that their deceased family member had $1 million in insurance based on information found on Uber’s website, but Uber disagrees and is arguing that it is a fraction of that amount. The family is also suing the insurance company for wrongful death and breach of contract. A settlement conference was scheduled to occur to determine if the case would proceed to trial.

In some instances, disputes with rideshare companies and insurance companies regarding coverage and claims can lead to litigation. It can be difficult to decipher contracts, understand the laws that govern contracts, and understand exactly what coverage and claims may apply. This is why connecting with an experienced lawyer in your area can be extremely beneficial.

It’s no secret that everyday driving is a dangerous endeavor that requires caution and consideration from all drivers. But long-distance trips in recreational vehicles, or RVs, can be novel experiences that can trip up even the most experienced of drivers. Accidents in these vehicles may seem rare but can be deadly. Many RV passengers do not wear seatbelts, and there may be a risk of more projectile items in the vehicle that could harm passengers in a crash. Further, RV travelers may be more likely to be on road trips for long periods of time or be driving on unfamiliar roads in unfamiliar jurisdictions, increasing the risk of an accident.

According to a recent article, a group of people traveling to New York Fashion Week from Houston was involved in an accident in Virginia. The RV they were riding in collided with a tractor-trailer, killing two of the passengers and injuring seven others. The 25-year-old driver has been charged with reckless driving and driving without a valid operator’s license and was the only person in the RV wearing a seat belt. The investigation, however, is still underway.

Seat Belt Laws in Virginia

While all drivers and passengers should wear protective devices to prevent serious injury and even death in car accidents, the law does not always require it. Seat belt requirements vary by state and can apply differently to different age groups or where a passenger is seated in the vehicle. For example, some states require every person in a vehicle to buckle up, regardless of age, while others only require seatbelts for the driver and front passenger. This is even further complicated by vehicles like buses and RVs, which aren’t subject to the same seat belt laws as traditional motor vehicles.

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It is a known fact that vehicular accidents occur every day, and it is common for drivers to file claims with their insurance and sometimes civil claims in court. However, in some particularly egregious cases, criminal charges are brought by the state. Criminal vehicular charges may be brought in situations where a car accident results in the death of another person, particularly in situations where one driver was under the influence of drugs or alcohol, or driving recklessly. Depending on the state, there are different laws that govern when someone may be criminally charged.

According to a recent news report, a 40-year-old Virginia man was charged with criminal vehicular homicide in St. Louis County, Minnesota. Authorities found that the driver’s blood alcohol level was more than three times the legal limit. The 40-year-old driver is accused of crossing the center line and hitting another vehicle head-on. Due to the crash, officers found the other vehicle in a ditch, and unfortunately, the crash resulted in the death of the other driver. Officers reported that the 40-year-old driver had a limp and watery eyes, as well as slurred speech, in addition to smelling like alcohol. His blood alcohol content was .247, which is more than three times the legal limit of .08.

What’s the Difference Between a Civil Personal Injury Lawsuit and a Criminal Charge?