Archive for the Personal Injury Category

Fairfax County leads the State in Car Accident Deaths

Wednesday, January 14th, 2009

In 2007, there were 53 car accident fatalities in Fairfax County. There were more car accident fatalities in Fairfax County than any other County in Virginia. While the number of deaths on Fairfax County roads far exceeded all other the other Virginia Counties, the death rate per licensed drivers was  among the lowest in the state. The death rate per 1,000 Virginia licensed drivers was the second lowest in the state, with a death rate of 0.07.

The County with the lowest death rate per 1000 licensed drivers is Arlington County with a death rate of 0.04 per 1000 licensed Virginia drivers. With over 746,000 licensed drivers, Fairfax County is one of the most congested counties in the Commonwealth. The sheer volume of traffic causes the death rate to be so high. However, as a consequence of the number of drivers, our traffic is much more highly regulated than other counties. The Virginia County with dubious honor of having highest death rate per 1000 licensed drivers is Highland County, West of Charlottesville, bordering West Virginia. Highland County, with roughly 2000 licensed drivers, has a death rate of 1.46 per 1000 drivers. You might think that the road were safer in the hills and mountains of Virginia, but you would be sadly mistaken.

Fairfax Car Accident Lawyers – Fairfax Car Accident Statistics

Friday, January 9th, 2009

In 2007, the County of Fairfax saw 17,152 car accidents, with 53 fatalities. Of those car accidents, 8,019 were accidents involving injuries.  1051of those car crashes involved alcohol. 648 persons were injured in the alcohol related accidents, and there were 22 alcohol related deaths. Considering that there were over eight thousand injury accidents, there was a large need for Fairfax Car Accident Lawyers to represent those injured.

These statistics for Car Accidents in the County of Fairfax can be compared with prior years as The Virginia Department of Motor Vehicles releases their annual statistics for Car Accidents throughout the Commonwealth.

Motor Vehicle traffic is highly regulated in the County of Fairfax, and yet the number of accidents seems to be on the rise. Perhaps this has been caused by the large construction projects on the Capitol Beltway (I-495) , or perhaps due to the ever increasing congestion in Northern Virginia. Unfortunately the official State statistics do not show the locations of the Fairfax County car accidents.

All told there were 1,403 injury accidents within the City of Alexandria.  Considering the difficulties in obtaining fair compensation from large insurance companies, it is always best to retain an experienced lawyer to represent your interests. Attached are the latest 2007 Fairfax County Car Accident statistics from the Virginia Department of Motor Vehicles. 2007-fairfax-county-car-accident-statistics

Fairfax Virginia Car Accident Prompts Lawmakers to Introduce "Ashley's Law"

Thursday, January 8th, 2009

On February 13, 2008 Ashley McIntosh died from injuries she suffered when a Police Cruiser entered an intersection on Route 1 in Fairfax County with its emergency lights on but without its siren. In many states it is the law that emergency vehicles such as Police Cruisers responding to emergencies must have both their emergency lights and sirens on in order to proceed lawfully through a red light.

Virginia allows officers to use lights and sirens but only as may be reasonably necessary. As a result of this provision, although Fairfax officer Amanda Perry was charged with reckless driving for entering the intersection that fateful day when Ashley McIntosh was killed, she was found not guilty by a substitute judge from Stafford County.

Since that time, there have been many questions raised as to why Virginia would make it optional for a Police Officer to use all his emergency equipment when disregarding traffic laws. While the policy of Fairfax County is to have its officers use both lights and sirens, the state provision allows for the “reasonably necessary” loophole. Having both light and sirens functioning, provides valuable information to other drivers that they need to yield to the authorities, and get out of their way. In Fairfax, Alexandria and Arlington, Loudoun and Prince William Counties, the congestion that is almost always present on the roads requires that this law be changed.

Thankfully the surviving family of Ashley McIntosh have pushed to get “Ashley’s Law” introduced to the Virginia Legislature. Toddy Puller (D-Fairfax), and David Englin (D-Alexandria), will be introducing this bill to the legislature this session. It is time for Virginia to join the majority of states, and require the use of emergency lights and sirens without exception. This is too simple a proposition for our legislature to ignore. Please contact your state legislators and tell them that they should support “Ashley’s Law”.

How to go about hiring a lawyer for an injury case.

Friday, January 2nd, 2009

I have always found it strange how injured accident victims go about hiring a lawyer. For many years, injured accident victims relied on the yellow pages or television as their main source of information as who they should hire to handle their personal injury claim. Unfortunately the Yellow pages ads never really provided much information at all, and the television lawyer ads were worse. Decisions were usually made based on the size of the ad, the placement within the book, the eye grabbing photos, or the catchy telephone number.

In reality, none of the things that causes one to call a particular lawyer from the yellow pages has any real bearing on whether you should hire that lawyer or not. The same is mostly true about TV advertising. Some of the cheesiest ads have been lawyer ads, and they  have been resoundingly criticized and mocked over the years. Sirens, smashing gavels, helicopter sounds, exploding cars, or some talking head spokesperson should not have and influence on whether you call one lawyer or another. Thankfully, things have begun to change.

The Internet has begun to show that yellow page and TV ads for professional services really are a thing of the past. Five minutes spent at a good lawyer website can be more valuable than reading all the lawyers ads in the Northern Virginia Yellow pages. I have spent hours trying to answer questions from the public about problems that they have experienced in their workers compensation and personal injury claims, and will continue to do so. To the extent that you can walk away more knowledgeable after reading from our website, is more valuable to me than any ad we might place in the Yellow Pages.

So what should you look for in hiring a lawyer? Here is a list of some of the important factors to consider in hiring a lawyer:

  1. Does the lawyer actually go to court or does he/she farm out your file to another firm should the case need litigation. You would be surprised how many lawyers do not handle their own litigation; they merely settle cases, and nothing more. If the insurance company makes a low ball offer there is no way for that lawyer to say “see you in court”. You should consider hiring a lawyer who has confidence in your case so that he/she can and will file suit and take your case to trial.
  2. If the lawyer does go to Court, how many trials have they had? I have represented injured accident victims in well over 100 trials. Not many lawyers can say that. If something unusual happens in Court what is the probability that your lawyer will know how to handle it. It comes down to one word, experience. An experienced lawyer is your best ally in the Courtroom.
  3. Is your lawyer willing to discuss the potential value of your case. Many lawyers have difficulty speaking with their clients regarding the value of case for fear of giving the client unrealistic expectations. There is no reason why an experienced lawyer shouldn’t be able to speak with a client regarding the potential value of their case at any time.
  4. When you call the office, are you able to speak directly with the lawyer, or are your handed off to a staff member? Are you really that unimportant that the lawyer can’t take the time out of his day to discuss your case directly with you? I still can’t understand why people put up with this type of behavior.  If you hire a lawyer, and you need to speak directly with that lawyer, for whatever reason. You should, at a minimum, be able to get your call returned promptly. There are many times when clients call me, and I am unavailable as I am in Court, or in a meeting, however there is no reason why I can’t call that client back by the end of the day.
  5. Does the lawyer return your calls? If he doesn’t, you should think about the kind of relationship you have with your lawyer, and what he or she would do if your didn’t return their calls.
  6. Does the lawyer have a website, and is he available through e-mail? Welcome to the 21st Century. Yes, you can send me an email, and hopefully I have answered many of your questions on this website. There is no reason for a lawyer not to give you his or her e-mail address.
  7. When you speak directly to your lawyer, is he or she able to explain things to you without resorting to legal terms? Do you get along well with this person? Lawyers speak for a living. Many can’t stop talking. That doesn’t mean that they are good communicators. Should push come to shove, you might need a good communicator to convince seven jurors that you should get what you deserve.
  8. How much does the lawyer charge for an injury case? The standard charge is 1/3, and 20% for Workers’ Compensation cases. Why pay more? Perhaps you should speak with someone else should the lawyer ask for a higher percentage. Will the lawyer receive more than the client in connection with an injury claim? This is terrible situation that only makes injured accident victim feel victimized again by the legal system.

As you can see, the list of considerations in hiring a lawyer could go on and on,  and I could step on a few more toes along the way, but these are a few of the considerations that should point you in the right direction. Some lawyers don’t want you to hear or read these things. Some would much rather that you make up your mind based on the TV ad with the helicopter sounds, or the police lights. Legal cases can take years. Make sure that you will be able to stick with your lawyer from start to finish.

Virginia Motorcycle Accident Fatalities increase 80%

Tuesday, December 30th, 2008

The most recent statistics from the Virginia Department of Motor Vehicles show a unfortunate increase in Motorcycle Accident Fatalities. In 2006 there were only 70 Virginia Motorcycle Accident fatalities. However, in 2007, there were 126 Virginia Motorcycle Accident Fatalities, an 80% increase over the prior year. A full 70% of these Virginia accidents were caused by speed, failure to maintain control, and improper passing.

Over the past number of years there has been a large increase in the numbers of motorcyclists in Virginia. As Motorcycles have increased in popularity, the number of inexperienced motorcyclists has risen as well. Unfortunately, the most recent statistics tend to bear this out, with over 56% of all Virginia Motorcycle Accident fatalities in 2007 being single vehicle accidents.

We have handled many Virginia Motorcycle accidents, and have seen the devastation that results from another motor vehicle impact an unprotected driver. While the latest statistic show a 97% compliance with the Virginia Helmet requirement, the use of a helmet should not give one a false sense of security. To see the Official Virginia Department of Motor Vehicles graphs showing 2007 Virginia Motorcycle Accident statistics click here: Virginia Motorcycle Accident Fatalities, class_fatality_chart

Top 5 Mature Driver Actions Contributing to Crashes

Sunday, December 28th, 2008

The Alexandria  and Fairfax Car Accident Lawyers at the Barrera Law Firm, PLLC, have handled thousands of car accidents over the past 24 years. There are intersections within the City of Alexandria, and County of Fairfax which are all too familiar, but for the wrong reasons. There are also the circumstances of how the accident happened which becomes all too common. While the chart attached is a true picture of accident causes throughout the Commonwealth of Virginia there is no reason to think that The City of Alexandria is any different.

The number one mature driver action contributing to crashes is “failure to Yield”. Perhaps this explains why the Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen so many failure to yield collisions over the years. Unfortunately, this type of accident is becoming more common as congestion on our roads get worse.

The number two mature driver action contributing to crashes is “Following too Closely”. This explains why the Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen so many read end collision with such frequency in Northern Virginia.

The number three mature driver action contributing to crashes is “Ran Traffic Control”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases the responsible driver “ran the red light”. In Northern Virginia, Fairfax, Arlington and Alexandria, where everyone seems to be trying to get from here to there as fast as possible, or is running behind schedule, obeying the traffic controls becomes critical.

The number four mature driver action contributing to crashes is “Improper Lane Change”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen many cases where the driver simply was unable to see the other car as it was in its blind spot, or that the driver just failed to look. While not an excuse to driver negligence, in Northern Virginia, Fairfax, Arlington and Alexandria, congestion on the roads remains a problem, will not be getting better any time soon.

The number five driver action contributing to crashes is “Improper Turn”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases involving someone making an improper turn. The fast pace in Northern Virginia, Fairfax, Arlington and Alexandria, contributes to this problem. It is all too common to hear of an accident after someone disobeys the traffic laws.

To see the Official Chart from the Virginia Department of Motor Vehicles click on the following link. top_five_mature_chart2007

Top 5 Young Driver Actions Contributing to Crashes

Sunday, December 28th, 2008

The Alexandria  and Fairfax Car Accident Lawyers at the Barrera Law Firm, PLLC, have handled thousands of auto accidents over the past 24 years. Young drivers pose a special situation where their lack of experience at the wheel put them, their passengers, and other drivers at risk.

The number one young driver action contributing to crashes is “following too closely”. Perhaps this explains why the Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen so many rear end accidents where young drivers fail to keep their cars under control.

The number two young driver action contributing to crashes is “Failing to Yield”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have too many sad cases where a young driver tries to scoot in front of traffic with disastrous results. This must be linked to the terrible congestion on our roads in Northern Virginia.

The number three young driver action contributing to crashes is “Speed”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases involving excessive speed. In Northern Virginia, Fairfax, Arlington and Alexandria, speed remains a problem on our highways where everyone seems to be trying to get from “Point A” to “Point B” as fast as they can. This is the same position as that of adult drivers. See our other posts.

The number four young driver action contributing to crashes is “Driver Distraction”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen many cases where a young driver was distracted by a cell phone or by other passengers. There are limits to the number of passengers a young driver can have in a car for good reason.

The number five young driver action contributing to crashes is “ran traffic control”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases involving someone running red light. The fast pace in Northern Virginia, Fairfax, Arlington and Alexandria, contributes to this problem. It is all too common to hear of an accident after someone disobeys the traffic laws.

To see the Official Chart of the Department of Motor Vehicles click on the following link. top_five_young_chart2007-all-crashes

Top 5 Adult Driver Actions Contributing to Crashes

Sunday, December 28th, 2008

The Alexandria  and Fairfax Car Accident Lawyers at the Barrera Law Firm, PLLC, have handled thousands of auto accidents over the past 24 years. There are intersections within the City of Alexandria which are all too familiar but for the wrong reasons. There are also the circumstances of how the accident happened which become all too common. While the chart attached is a true picture of accident causes throughout the Commonwealth of Virginia there is no reason to think that The City of Alexandria is any different.

The number one driver action contributing to crashes is “following too Closely”. Perhaps this explains why the Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen so many rear end collisions over the years.

The number two driver action contributing to crashes is “Failing to Yield the Right of Way”. This explains why the Alexandria Injury Lawyers have seen failure to yield with such frequency in Northern Virginia, that we think it must be linked to the congestion on our roads.

The number three driver action contributing to crashes is “Speed”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases involving excessive speed. In Northern Virginia, Fairfax, Arlington and Alexandria, speed remains a problem on our highways where everyone seems to be trying to get from “Point A” to “Point B” as fast as they can.

The number four driver action contributing to crashes is “improper lane change”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have seen many cases where the driver simply was unable to see the other car as it was in its blindspot, or that the driver just failed to look. While not an excuse to driver negligence, in Northern Virginia, Fairfax, Arlington and Alexandria, congestion on the roads remains a problem, and will not be getting better any time soon.

The number five driver action contributing to crashes is “ran traffic control”. The Alexandria and Fairfax Car Accident and Personal Injury Lawyers at the Barrera Law Firm have handled many cases involving someone running a red light. The fast pace in Northern Virginia, Fairfax, Arlington and Alexandria, contributes to this problem. It is all too common to hear of an accident after someone disobeys the traffic laws.

To see the Official Chart of the Department of Motor Vehicles click on the following link. top_five_adult_chart2007

Alexandria Car Accident Lawyers – Alexandria Car Accident Statistics

Saturday, December 27th, 2008

The Alexandria Car Accident Lawyers at the Barrera Law Firm, PLLC, handle car accidents throughout Alexandria, Fairfax and Northern Virignia. Each year provides more insight into Alexandria driving habits and the types of accidents which occur within the City of Alexandria.

In 2007, the City of Alexandria saw 1,947 car accidents, with 5 fatalities. Of those Alexandria car accidents, 1,403 were injury accidents.  118 of those Alexandria car accidents involved alcohol. 115 persons were injured in the alcohol related car accidents. Considering that there were 1,403 injury accidents, there was a large need for Alexandria Car Accident Lawyers to represent those injured.

These statistics for Alexandria car accidents can be compared with prior years as The Virginia Department of Motor Vehicles releases their annual statistics for Car Accidents throughout the Commonwealth. Alexandria car accident lawyers routinely review these statistic for information regarding the driving habits of those passing through the City of Alexandria.

Motor Vehicle traffic is highly regulated in the City of Alexandria. There are few stretches of open road, yet the number of accidents seems to be on the rise. Perhaps it has been caused by the large construction projects bordering the City of Alexandria, or perhaps due to the ever increasing congestion so close to Washington, D.C.

All told there were 1,403 injury accidents within the City of Alexandria.  Considering the difficulties in obtaining fair compensation from large insurance companies, it is always best to retain an experienced Alexandria Car Accident Lawyer. Attached are the latest 2007 Crash Facts from the Virginia Department of Motor Vehicles. 2007-alexandria-accident-stats

5 Things to do After an Auto accident.

Sunday, December 21st, 2008

If you have just been involved in an auto accident. There are a number of things that you can to do protect yourself.

1. Call the police, and have them investigate the accident. The other driver might ask that you not call; that you can “work it out”- DO NOT FALL FOR THIS TRAP. Too many times I have had clients come to me and say that they didn’t call the police as the other driver was accepting responsibility, only to find out that the other driver completely  changed his story. Have the Police investigate the accident. If someone should be ticketed for causing the accident, then so be it.

2. If you’ve decided to not call the Police (a bad idea), and just exchange information. Do not rely on the other driver to write down his information. Make sure the other driver gives you his license and registration. Write down all the information you can, as you don’t want a situation where you can’t find the other dirver just because you didn’t write down his information.

3. See if there were any witnesses to your accident. Many times good samaritans will stop just to ask if you are okay after an accident. Ask them if they saw the accident, and if so, get their contact information. Many times the testimony of an independent witness made all the difference in terms of winning or losing a case.

4. Take photographs. Almost very cell phone has a camera these days. There is no excuse for not taking photographs. Take as many as you can of the accident scene, the damage to the cars, any skid marks, the other car’s license plate. All of this information in invaluable and should be preserved.

5. If you are not feeling well, go to the nearest emergency room. If the police are there, have them call an ambulance for you, and get yourself checked out. Once seen at the emergency room, follow their instructions regarding getting follow-up care. Delays in treatment are always used by insurance companies to claim that you weren’t hurt. Make sure you are thoroughly checked out.

These are just a few things that you should consider after an auto accident. Please read our other posts as to how you can protect your rights following an auto accident.

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