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How do you know if the driver who caused the wreck that led to you being injured was too tired to drive? Unfortunately there is no test for fatigue in drivers who cause serious auto accidents, but there are risk factors and population groups that are at risk for drowsy driving.
Here are some things to look for if you think you were injured by a drowsy driver. Risk factors for drowsy driving:
Suspect you or someone you love was injured in a wreck caused by a drowsy driver in Virginia or North Carolina? GET HELP NOW: contact the experienced and aggressive auto accident lawyers at Tavss Fletcher today.
Medical emergencies can lead to serious – even fatal – car crashes in Virginia and North Carolina. Often overlooked as a contributing factor in major auto accidents, medical emergencies come in many forms. Diabetic attacks, seizures, epileptic fits, heart attacks, strokes – these are just a few examples of physical conditions that can cause a driver to lose control and crash.
An example of the seriousness of this type of incident happened in Virginia Beach this week, when a woman suffered a medical emergency while driving, and as a result crashed her vehicle into a local business.
According to a spokesperson for the Virginia Beach Fire Department the driver had to be taken to the hospital with “advanced life support” equipment after crashing into a pawn shop in the 6400 block of Auburn Drive. Fortunately, nobody else was injured in the crash, even though the pawn shop was occupied at the time.
If you are hit by a driver who has suffered from a medical event while behind the wheel, you deserve fair compensation for your injuries. While some medical emergencies happen unexpectedly, there are cases where people chose to drive when they should not, either because of a medical condition or a prescription medication or other drug that they have taken.
Read more about medical emergencies and serious Virginia auto accidents in our law library article, “Medical conditions that can lead to serious car accidents”.
Your car might suddenly accelerate without warning – these are words that no driver wants to hear, but millions of Toyota drivers are facing exactly this news after a series of record-breaking Toyota recalls.
Since last fall, over eight million Toyota vehicles have been recalled for issues ranging from defective floor mats to sticky throttles to braking problems. With over eight thousand vehicles affected by one of the recent Toyota recalls, if you own a Toyota there is a good chance that your car or SUV is affected.
Toyota recall resources:
Our Overview of the Toyota Recalls
VIN number search for recalled Toyota vehicles
NHTSA database of vehicle recalls
Toyota is bracing itself for a flood of lawsuits as a result of the recalls. Not only will they face legitimate claims from motorists who were injured in recall-related collisions, but they’ll also have to contend with lawsuits from drivers who want to blame their unrelated accident on the recall issues.
Do you think that you were hurt because of a Toyota related recall problem? If you were the driver of the car, you may be blamed for the accident even though it was not your fault. If you were hit by the driver of a recalled Toyota, a recall issue may be to blame. Finally, if you were a passenger in a recalled vehicle that crashed or if you were a passenger in a vehicle hit by a recalled Toyota your case may require a special investigation.
Virginia and North Carolina auto accident victims: let us help you. Please contact Tavss Fletcher today to discuss your case with one of our experienced personal injury attorneys.
Virginia makes use of what are called reversible HOV lanes, which are just lanes lined with concrete barriers in which vehicles can travel in either direction depending on the time of day. Lanes are typically synchronized with rush hour, so that the HOV lanes always move in the direction of the greatest traffic flow, switching to the other direction when rush hour changes direction.
However, some people believe that switching directions on a single roadway is confusing for drivers, and can potentially be deadly. Take the case of Norfolk driver Montreal D. Fuller, 29, who accidentally headed onto I-64’s HOV lanes against the flow of traffic. He drove through several barriers and eventually collided with another vehicle, killing himself and the other driver.
In 2008 – the last year for which data is available – there were twelve accidents in the I-64 reversible HOV lanes. And last year, the barrier gates on I-64 that prevent drivers from entering a reversible HOV lane going the wrong direction had to be replaced 72 times because they were struck by an errant driver.
This does not necessarily indicate a problem, claim some experts defending the reversible lanes. Instead, they state that excessive speed and driver inattention are more to blame for accidents than the reversible nature of the HOV lanes.
Some local residents disagree about the safety of these lanes. One example is the I-64 east HOV lanes to I-264, which some motorists feel are poorly designed and required drivers to think fast to get out of the way of the barriers. It’s hard to disagree with the claim of poor design, knowing that barrier gates along I-64 were replaced seventy-two times last year. Perhaps we should all just be glad that there aren’t more traffic accidents along these lanes!
Auto manufacturing giant Toyota has issued another recall related to unintended acceleration problems in its vehicles, pushing the worldwide total of affected autos up to nine million. The most recent recall is for sticky acceleration pedals.
Vehicles equipped with these acceleration pedals may experience problems with unintended acceleration as parts in the throttle assembly wear prematurely, causing the pedal to stick and remain depressed even when foot pressure is removed.
Some sources blame up to 19 deaths from auto accidents on the overall problem of Toyota’s unintended acceleration, caused by a combination of sticky accelerators and poorly designed pedal / floor mat combinations. Vehicles involved in the latest U.S. recall are no longer being sold in dealerships across the country, a move made by Toyota to protect consumers.
Toyota’s problems with unintended acceleration have caught the attention of Washington lawmakers, who have called for a hearing on the matter. A hearing has tentatively been planned by the House Oversight and Government Reform Committee for next week, and is titled “Toyota Gas Pedals: Is the Public At Risk?”
In addition, a hearing will be held on February 25th to hear consumer complaints about the issue. In preparation for the hearing committee chairman Henry A. Waxman has asked the National Highway Transportation Safety Administration (NHTSA) for documentation from Toyota and the agency from when they first learned about the issue. Waxman and fellow committee members plan to investigate when each learned about the safety defects and what actions were taken and when to resolve them.
According to data collected by the Virginia Department of Motor Vehicles (DMV), there are about four cell-phone related crashes every day in Virginia – a total of 1,628 so far this year – but that’s not all that is distracting drivers.
There are actually three other distractions that according to the DMV distract drivers more than cell phones. The top distractions are drivers who don’t keep their eyes on the road, tired drivers, and “rubbernecking” drivers (drivers looking at incidents on the side of the road).
The Virginia DMV lists the following as the Top Ten Driver Distractions:
These distractions are one of the reasons that the number of rear-end crashes on Virginia roads are on the rise. Any time a driver is not paying attention to the road, there is an increased chance that he or she will crash into the back of the vehicle in front.
The federal government and Virginia lawmakers have been examining the issue of distracted driving, and even though it is not the number one distraction cell phone use is getting a lot of attention. Virginia most recently passed laws restricting the sending and receiving of text messages and email by drivers, and some lawmakers want to similarly ban the use of cell phones behind the wheel.
Owners of a variety of different Ford makes and models are being urged to take their vehicles in to repair a faulty cruise control switch as soon as possible. The repair can be performed at any Ford dealer for free. A fused wiring harness will be installed, eliminating the risk of fire.
The troublesome switch is at risk for leaking hydraulic fluid, overheating, and smoking and bursting into flame. According to the NHTSA, the switch is a fire risk even when the car is parked and turned off. To avoid any potential injury, owners of recalled vehicles are advised to park their car outside until it is fixed.
This latest recall adds 4.5 vehicles to the existing recall for this issue, bringing the total number of recalled vehicles to over 14 million, Ford’s largest recall ever and a record for a single issue recall according to the NHTSA.
If you own one of the vehicles subject to the recall, you should contact Ford at 1-800-392-3673 or NTHSA's vehicle safety hotline at 1-888-327-4236 or visit http://www.safercar.gov.
The Ford vehicles affected in the latest recall include:
The faulty switch was made by Texas Instruments. Ford stopped using these switches in 2003, however they were installed in millions of vehicles and have been the subject of 8 recalls over a 10 year period.
Text message use in the last few years has exploded. More people than ever are keeping in touch with each other through mobile devices, allowing them to send and receive text messages from just about anywhere – even from behind the wheel. Combine the ease of text messaging with services like Twitter, and the potential distractions for the modern driver are endless.
This has led to something of a conundrum in some states. Even while banning or restricting the use of mobile devices to send and receive text messages and emails while driving, some states send out Twitter updates about road conditions, traffic issues or other road emergencies.
Virginia is one of these states. Virginians can receive traffic information via Twitter, which means that some drivers could be using the service while they’re behind the wheel. The disconnect here is that Virginia lawmakers just passed legislation making it illegal to send or receive text messages or emails while driving. Are authorities inadvertently encouraging road users to text and drive?
Instead of reading updates while driving, motorists are encouraged by some states to check the traffic situation before getting in their vehicle. If road users are focusing their attention on their mobile devices instead of what’s going on around them – they could quickly become part of the traffic problem by causing a crash themselves.
As the nation gets ready to celebrate Labor Day and weary parents send their children back to school, drivers need to be reminded that holidays can be a dangerous time to be on the road.
The Virginia Department of Motor Vehicles (DMV) collects statistics about car crashes across the state, and has information available publicly on their website. Comparing data from year to year allows law enforcement officials to follow trends in driving accidents, and keep on top of potential problems.
Data about holiday weekend accidents is collected because over time holidays have proven to be more dangerous for drivers than other times of the year. What’s interesting is that one holiday isn’t always the most dangerous; they tend to switch places each year.
For example, in 2007 Labor Day weekend had 22 traffic accident fatalities, more than any of the other holiday weekends. However, last year Memorial weekend was the most dangerous, with 18 fatalities.
Here are the fatality statistics for 2008 holiday weekends, from most dangerous to the least:
Drive safely this upcoming Labor Day weekend!
If you get into a car accident, one of the first parts of your car to take an impact is the bumper. In the old days, bumpers were often unattractive but functional, and you could bang them up a bit without too much worry. However, these days bumpers are both functional and decorative, their sleek design adding to a car’s roadside appeal but also upping the cost of a future repair.
The exorbitant cost to fix the technology driven gizmos and gadgets in some newer cars is a frustration for many drivers, especially those facing a big repair bill after an accident. Car manufacturers aren’t helping much, as the Insurance Institute for Highway Safety (IIHS) revealed in a recent test.
Several mid-sized vehicles tested by IIHS scored poorly on low-speed crash tests, meaning that it wouldn’t take much force to damage the bumper and land the car in the repair shop. Not only is it aggravating to have to repair a car after a minor fender bender, but it can be pricey as well.
Here are IIHS’ low-speed crash ratings and bumper repair averages for five 2009 midsize vehicles:
Think about it: if a low-speed crash can cause over $2,000 worth of damage in a new car, what is the cost going to be in a serious accident? Ouch!
Do you use a cell phone while driving? Some surveys suggest that over 80 percent of drivers do, and Virginia lawmakers are starting to take notice. Not only is cell phone use behind the wheel becoming alarmingly prevalent, but it is also very dangerous.
With accidents caused by cell phone users costing Americans $43 billion each year, there is immense pressure on legislators to further restrict driving laws. And it isn’t just about hands-free devices. Studies have shown that drivers are equally distracted and likely to cause serious auto accidents whether they are talking on a hand held or hands free mobile phone.
Virginia probably won’t be banning cell phone use completely any time soon. It has taken a number of years just for lawmakers to push some very basic cell phone driving restrictions through the General Assembly, although this year text messaging was banned for all drivers.
Below is a summary of cell phone laws in Virginia:
Read more about distracted driving in our law library article “Distracted Driving: A Growing Danger on Virginia Roads”.
A fatal Virginia beach car crash illustrates how deadly an unexpected medical condition can be. A North Carolina man is dead after crashing his car on Blackwater Road, near the Virginia and North Carolina state line.
The cause of the accident? According to police investigators, Cecil W. Davis’ pre-existing medical condition contributed to the crash – and his death.
Unexpected medical emergencies are one overlooked cause of potentially serious auto accidents. Crashes can happen when a driver becomes incapacitated when suddenly experiencing a stroke, blackout, or other medical event that can leave them unable to drive.
Medical emergencies are more common in groups like senior citizens or those with known medical conditions like diabetes or seizure disorders. These drivers often fact the difficult choice between the freedom offered by driving and the risk that they could be a danger to themselves or others on the road.
If you’ve been the victim of a serious auto accident, you might be surprised to find out that the accident was caused not by the other driver’s inattention or poor driving, but by a known or unknown medical condition.
Red light cameras are a hot topic in Virginia. Law enforcement officers claim that their use will reduce the number of dangerous and deadly front-to-side impact (t-bone) crashes, while critics contend that they are simply a way for cash-strapped cities to make money.
Regardless of what you think about red light cameras and their potential for auto accident prevention, they are here in Virginia Beach. Below is a list of intersections where you can or will find them:
Intersections Approved by VDOT for Camera Enforcement:
Intersections in the Routing Process for VDOT approval:
Did you notice that last Wednesday was Virginia’s Distracted Driving Awareness Day? Those guilty of distracted driving behaviors – including chatting on cell-phones, texting while driving, eating behind the wheel, and more – may not even know that April 29th was a day directed at them.
Since at least one study has shown that distracted driving contributes to up to 80 percent of all car accidents, lawmakers are eager to find ways to encourage drivers to keep their eyes – and minds – on the road.
Many drivers are guilty of driving while distracted at some point behind the wheel, since there are so many opportunities for distraction. Cell phones, music players, dropped objects, chatty passengers, and even interesting distractions outside the car window all compete for a driver’s attention.
While bans against cell-phone use while driving haven’t been successful in Virginia – although lawmakers have been trying to pass such a law since 2001 – it is against the law for teenagers to use a cell-phone while behind the wheel. And for other drivers, sending or reading text messages while driving will become illegal as of July 1.
Many people fret about the dangers of aggressive drivers on Virginia roads – a legitimate concern – but how many of us are prepared to change our own distracted driving habits to keep the roads free from car crashes?
The recent shooting death of two men in Chesapeake by Portsmouth police officers reveals the integral part that modern automobile technology plays in today’s accident investigations. Police seized the event data recorder (EDR) – also known as a “black box” – from the victim’s vehicle to aid in their investigation. From the EDR they should be able to determine what actions the driver took in the seconds before his death. Investigators hope that this information will help them piece together exactly what actions the driver took before he was fatally shot by police.
Most recent model vehicles contain EDRs. These devices began as a way for auto manufacturers to capture information about airbag functioning in accidents, and have since morphed into more general data recorders. EDRs can track everything from vehicle speed to when and how hard the driver applied the brakes to the direction the car was traveling at the time of impact. They typically record data up to 10 seconds before the crash and several seconds afterwards.
In the case of the killing of two suspects by Portsmouth police, information on the EDR could allow investigators to verify the statement made by officers at the scene of the accident. According to officers, the suspects backed into a police vehicle and then moved forward, pinning an officer between their car and another patrol car. EDR data from the deceased suspects’ vehicle may be able to confirm what happened that day, or give officials reason to dig deeper into the shootings.
EDR devices are controversial to be sure. Many Americans are unaware that their vehicle has the ability to record information in a crash. Read more about EDRs and the even more controversial vehicle status data recorders (VSDRs) in our articles “How much do you know about your car’s little black box?” and "Vehicle Event Data Recorders: Big Brother is Watching".
If you ask people what their greatest annoyance on the road is these days, many will respond that it is those pesky drivers who hold animated conversations on their cell phones while driving. Nobody likes to see a distracted driver chatting away with only one hand on the wheel as they speed down the highway, ready to cause a serious auto accident.
Studies support the general perception that talking on a cell phone while driving is not safe. In fact, some studies have compared cell phone conversations behind the wheel to driving while under the influence of alcohol. It’s an issue that many states and local governments are taking seriously. Some, like Washington D.C., have passed “hands-free” laws, which require a hands-free device to be used with cell phones.
Virginia already has a law on the books that makes it illegal for drivers under the age of 18 or those still using a learner’s permit to use a cell phone for talking or texting while behind the wheel. Until now, no bill has successfully passed in the Virginia General Assembly that ban cell phone use for driving adults in the Commonwealth of Virginia. Some lawmakers want to go even further than the hands-free laws and ban the use of all wireless devices while driving – that includes the use of hands-free devices.
It’s a controversial topic. To date, while five states and the District of Columbia require the use of hands-free devices, no states have completely banned the use of all wireless devices.
It looks like this year lawmakers in Virginia will try again to pass a law restricting the use of wireless devices like cell phones and Blackberries. At least two laws have been put before the General Assembly so far, one to ban only text messaging while driving and the other similar to the hands free law in DC.
Only time will tell if Virginia lawmakers indeed have the stomach to make such a ban reality.
When most people think about the impact of a car accident, they think of lacerations, broken bones, head trauma and other physical injuries. Many people don’t consider the mental after-effects of a serious auto crash. Some doctors believe that car accident victims can suffer from post-traumatic stress disorders (PTSD) and the symptoms can last for decades.
According to researchers, PTSD is most often experienced by victims of a very serious auto accident especially one involving fatalities.
PTSD symptoms can include:
Researchers estimate that up to 45% of auto accident victims suffer from PTSD symptoms. If you were in a car, truck, or motorcycle accident and suspect that you are experiencing PTSD symptoms, let your doctor and your attorney know. There is treatment available for PTSD, and the sooner your symptoms are recognized and addressed the better for you.
Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your car, truck, or motorcycle accident case.
How would you feel if you were involved in a serious traffic accident, only to find out that the bus or truck driver who hit you was considered unfit to drive? This is a reality that many individuals have had to face over the years, as lax regulations and inadequate oversight of commercial driver regulations have allowed medically unfit drivers to menace the roadways.
What is especially disturbing is that this has been a known issue since 1999, when a bus driver with multiple heart and kidney conditions slumped in his seat while driving, causing a terrible crash that took the lives of 22 people. Despite the driver’s many serious health problems and multiple prescription medications, he held a valid license and medical certificate.
After this tragic accident the National Transportation Safety Board (NTSB) made a number of recommendations to the Federal Motor Carrier Safety Administration (FMCSA). If implemented promptly, these recommendations would have shored up the holes in FMCSA regulations that allow medically unfit commercial drivers to secure the licenses and medical certificates they need to drive.
However, nearly a decade after that horrific accident in New Orleans, eight of NTSB’s recommendations are still outstanding and a recent investigation by AP News found that medically unfit commercial drivers have been driving – and causing serious accidents – in all 50 states. Some drivers are even accepting money from the federal government for their supposedly serious disabilities, but are somehow still behind the wheel.
FMCSA has been directed to speed up implementation of the final 8 NTSB recommendations; unfortunately, this will come too late for the men, women, and children already injured or killed by commercial drivers who never should have been behind the wheel.
If you have been affected by a spinal cord injury or know someone who has, you know that it is a devastating and life changing event. A spinal cord injury will often lead to a permanent disability or paralysis and a loss of sensation below the site of the injury. Damage to the spinal cord cannot be reversed.
The spinal cord carries sensation and motor signals to and from the brain. When the spine is injured, it can result in segmental losses of interneurons and motorneurons, which disrupt these signals. One of the leading causes of spinal cord injuries is car accidents. However, a spinal cord injury can also be caused by a motorcycle crash, truck accident, fall, gun shot or sports-related accident.
It is not uncommon for an individual to be unaware of a spinal cord injury. Sometimes the symptoms are not immediately apparent. Usually numbness or paralysis will occur right after the injury, but other times the symptoms appear gradually as the area around the spinal cord begins to bleed or swell.
Some of the symptoms of a spinal cord injury include unconsciousness, paralysis in any part of the body, numbness in the limbs, trouble walking, head, neck or back pressure, pain in the spine, immobility, loss of sensation, loss of bladder control, spasms and difficulty breathing.
Even though it is impossible to undo the damage to the spinal cord, advancements in surgical procedures and medical treatment can help improve the recovery of the patient. Treatment is generally focused on helping the patient have an active and healthy life. After a patient is stabilized, doctors will work on a plan to avoid further complications, such as blood clots, deconditioning, muscle contractures and bed sores.
The ongoing care and lifestyle change associated with a spinal cord injury can place a substantial burden on the victim and the victim’s family members. If you or someone you love has a spinal cord injury that was the result of another person’s negligence, you may be able to recover compensation to pay for medical care and lost wages. Contact Tavss Fletcher at (757) 625-1214 for legal advice.
The article, Spinal Cord Injury – Causes, Symptoms & Treatment, has additional information about these types of injuries.
Every year, 1.4 million Americans are the victims of traumatic brain injury. Traumatic brain injury occurs when the head is hit or penetrated, which damages the brain tissue. Since this type of injury affects the brain, it can lead to permanent physical or mental disability.
The most common causes of traumatic brain injury include falls, which is the leading cause, car accidents, assaults and blows to the head. When traumatic brain injury is the result of someone else’s negligence, such as a car accident caused by another driver, the injured victim can pursue compensation.
If you or a family member has received a head injury, it is important to recognize the signs of traumatic brain injury. Some of the symptoms of mild traumatic brain injury include headache, dizziness, confusion, lightheadedness, blurred vision, lethargy and behavioral changes. Moderate to severe traumatic brain injury has many of the same symptoms as a mild case, but might also include a headache that gets worse or will not go away, repeated vomiting, seizures, inability to awaken from sleep, pupil dilation, slurred speech, loss of coordination and restlessness. If you notice any of the signs associated with moderate to severe traumatic brain injury, medical attention should be pursued as soon as possible.
Unfortunately, brain damage is irreversible, but doctors will take action to prevent further injury. It is crucial that there is adequate blood flow and oxygen flow throughout the body and that blood pressure is kept under control. A doctor will order an imaging test, such as an x-ray, CT scan or MRI scan to determine the extent of damage. Nearly 50 percent of patients with traumatic brain injury will need surgery. Other patients may be put on a treatment program, which includes a variety of therapy.
Treating traumatic brain injury is expensive and can place a financial burden on you and your family. If the injury was caused by another person, you may be awarded damages to cover medical expenses, lost wages, pain and suffering and other costs related to traumatic brain injury. Contact Tavss Fletcher at (757) 625-1214 for legal advice regarding your traumatic brain injury case.
The article, What is Traumatic Brain Injury, has more information on this subject.
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