Our Virginia Personal Injury Attorneys Have the Answers You Seek
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Should I talk to the insurance company after a premises liability accident?
If you were injured in a slip and fall or other premises liability accident, the insurance company for the property owner or business where you were hurt will probably contact you within a few days of your accident. Should you talk to the insurance adjuster? While you may need to have a short conversation with him, you should keep your call as brief as possible and limit further direct communications with the insurance company.
Why the Insurance Company Wants to Talk to You
Once the insurance company is notified of your accident, an insurance adjuster will be assigned to your case. One of the reasons he would contact you is to investigate your claim. However, he also may have other motives.
The insurance adjuster may appear to be friendly and concerned about your health. However, it is important to remember that this person is not your friend and is not looking out for your best interests. He works for the insurance company and may try to use statements you make to him to deny your claim or try to pay you less than you are owed.
How to Handle Talking to the Insurance Company
You need to be very careful when talking to the insurance adjuster so that you do not inadvertently say something that weakens your right to compensation for your injuries. Here are guidelines on how to talk to him:
- Be polite.
- Obtain the contact information for the insurance company.
- Provide basic information, such as the date, time, and place of your accident, but do not discuss the details of the accident or your injuries.
- Advise the insurance adjuster that you will have your lawyer contact him to discuss your claim. Then retain an experienced premises liability attorney immediately if you have not hired one.
There are some things that you should not say or agree to when speaking to the insurance adjuster:
- Do not say “I’m sorry” or statements that admit fault.
- Do not agree to give a recorded statement, which is a tape-recorded question and answer session between the insurance adjuster and you.
- Do not sign the insurance company’s authorization for release of medical information. You would give them access to confidential medical information that they do not need and may use to try to deny your claim.
Our skilled and dedicated legal team is here to file your claim and take over all communications with the insurance company so that you receive the maximum amount in your settlement. Call our Norfolk office to schedule a free consultation to get your questions answered and learn how we can assist you.
How soon should I hire an attorney after my truck accident?
If you are injured in a truck accident, you may not see the need to rush to retain an experienced truck accident lawyer right after your truck crash to help you file your claim for compensation. However, even though you have two years from the date of your collision to file your lawsuit for your injuries, you should not delay hiring an attorney. If you do, you could weaken your case against the negligent trucker and trucking company.
Three Reasons Why You Need to Retain a Lawyer as Soon as Possible
It can be overwhelming to cope with your injuries and how to pay your bills while you are off work recovering after your truck crash. An attorney can help by taking over the burden of filing your claim so you can focus on healing from your injuries. Here are other reasons why it is crucial to have a lawyer advocating for you right away.
Reason #1: Preserving Evidence
The causes of a truck accident can be more complicated than in a car accident and may involve violations of federal regulations governing the trucking industry, such as maintenance requirements and hours of service rules regarding how long truckers can drive without a break. If you hire a lawyer immediately, he can conduct a more thorough investigation into the cause of your crash and collect the evidence you need to prove the trucker’s and trucking company’s negligence. He can also quickly send the trucking company a spoliation letter advising them of your claim and not to destroy documents that may be helpful to your case.
Reason #2: Avoiding Mistakes
If you do not have an attorney, you may make mistakes that weaken your case when you talk to the insurance adjuster and file your claim. For example, you could agree to give a recorded statement or say something that could be misinterpreted as an admission of fault.
Reason #3: Negotiating Your Settlement
An attorney who has settled and litigated many truck accident cases will be able to accurately value your claim and negotiate your settlement so that you receive the maximum amount you are entitled to. He will understand the strategies that the insurance company may use to try to deny or reduce your claim and will have persuasive arguments and evidence to defeat them.
You do not need to go it alone when filing your claim with the insurance company following a truck crash. Take advantage of our offer of a free consultation to learn about your options and how we can assist you. Call our Norfolk office today to schedule your appointment with our skilled truck accident legal team.
Should I talk to the police following my car accident?
You should always call the police at the scene of your auto crash even if you believe that you suffered no injuries or “minor” injuries and there was little damage to your car. Why is this important? You may find that the cost to repair your vehicle is higher than you thought or that you suffered serious injuries requiring medical treatment. The symptoms of some injuries, like traumatic brain injuries, back and spinal cord injuries, and internal bleeding, can take days or longer to emerge.
If you decide to file a claim with the negligent driver’s or your own insurance company, having a police report can be extremely useful. It can avoid disputes with the insurance company about whether your crash really happened and will have helpful information, such as the officer’s conclusions as to who was at fault and whether a traffic citation was issued.
When Are You Required to Report a Car Accident in Virginia?
Under Virginia law, you are required to report an auto accident in the following situations:
- An individual suffered injuries or was killed.
- A vehicle was damaged in the wreck.
It is best to call the police from the scene of your accident because the police report will be more detailed and help prove the other driver’s negligence. If you do not contact law enforcement, then you should do so within 24 hours of the collision or as soon as you can if your injuries prevent you from doing so right away.
Tips on What You Should Say to the Police
You will have a duty to provide the police officer with a copy of your driver’s license, proof of insurance, and vehicle registration. When talking to the police, you need to be careful what you say. Your statements will be included in the police report, and the other motorist’s insurance company may use them to try to deny your claim or pay you less than you are entitled to. Here are some tips on how to talk to the police:
- Be polite when speaking to the officer or anyone else.
- Do not interrupt the other driver or other witnesses when they are being interviewed by the officer.
- When answering the officer’s questions, stick with the facts, and give a general accounting of how the collision occurred. Do not embellish what happened or give too many details that you may contradict later or can be misinterpreted by the insurance company when you file your claim.
- Do not admit fault or make statements, such as “I’m sorry,” that can be interpreted as an admission of guilt.
Do you have additional questions about your legal rights following a car accident? Do you need to file a claim for compensation? Call our Norfolk office to schedule a free consultation with our experienced car accident attorneys today to get answers to your questions and learn how we can assist you with all the steps you will need to take to win your case.
How soon should I go to a doctor after a premises liability accident?
There is no law in Virginia that sets a deadline for being seen by a physician after a premises liability accident. However, it is best to be examined by a doctor within a day or two of your accident—even if you believe your injuries are “minor” or that you were not hurt.
Two Reasons Why Prompt Medical Treatment Is Important
There are two important reasons to go to the emergency room, an urgent care facility, or your physician right away after a slip and fall or other premises liability accident.
Reason #1: You Protect Your Health
If you suffered obvious injuries, you know to get medical care right away. However, no matter whether you know you were hurt or not, you should see a doctor as soon as possible.
Why is this so important? The symptoms of some injuries may not develop for days or longer after your accident. Some common injuries that may not be evident right away include:
- Traumatic brain injury and other brain injuries
- Back, neck, and shoulder injuries
- Spinal cord injuries
- Internal bleeding
- Internal organ damage
It could become a life-threatening medical emergency if you wait until symptoms develop to see a doctor or your condition could worsen due to the lack of prompt medical treatment. You protect your health by seeing a medical professional within a day or two of your crash.
Reason #2: You Build a Stronger Case for Compensation for Your Injuries
When you file your claim with the negligent property owner’s or business’ insurance company, the insurance adjuster may look for reasons to deny your claim or reduce the amount of your settlement. If you delay getting medical care, you give them ammunition to dispute your claim. They could argue that your injuries were caused by another incident or that they are not very serious, or you would have sought treatment sooner.
Were you or a loved one injured in a premises liability accident in Norfolk? Call our office to schedule your free consultation today to learn how our experienced premises liability lawyers can help.
What should I do after a hit and run accident?
If you were injured in a hit and run accident in Norfolk, you may still be able to obtain compensation for injuries. However, there are immediate steps you need to take to protect your legal rights. Here are five first actions that you should take.
Step #1: Stay at the Crash Scene and Call the Police
Do not try to chase the hit and run driver. It could be dangerous. Instead, you should stay at the crash scene and call the police. The police report will contain vital information that you will need if you later locate the motorist and file a claim with his insurance company or if you need to file one with your own insurance company. This includes:
- Date, time, and place of your crash
- Narration of how the collision occurred
- Witness’ contact information and statements
- Officer’s conclusions as to who caused your accident
Step #2: Obtain Medical Treatment
If you know you suffered injuries, call 911 for an ambulance or go to the emergency room as soon as possible. Even if you do not believe you were hurt, you may have suffered injuries that are not apparent right away, such as neck and back injuries, internal injuries, and traumatic brain injuries. You protect your health and your claim by having a doctor examine you within a day or two of the crash.
Step #3: Take Photos
You should use your cellphone camera to take pictures of the accident scene, damage to your vehicle, your injuries, and anything else that could help you identify the hit and run driver or prove his negligence. Ask a passenger or witness to take photos for you if you are too hurt to do it yourself.
Step #4: Obtain Witness’ Contact Information
Get the contact information for any witnesses at the crash scene before they disappear. They may have information that can help you identify the negligent driver and can corroborate his fault in causing your wreck.
Step #5: Retain an Attorney
Although you may have plenty of time before the deadline, referred to as the statute of limitations, expires to sue the negligent driver, you should retain an experienced car accident attorney as soon as possible after your crash. He may be able to obtain business surveillance footage and take other steps to help you locate the negligent driver and can negotiate your settlement with the insurance company so that you receive all the compensation you deserve.
If you or a loved one were injured in a hit and run or other type of car accident in Norfolk, call our office today to schedule a free consultation. A member of our skilled legal team can answer your questions and explain how we can help you file your claim.
Is a truck accident settlement or judgment taxable?
If you settled your truck accident claim or won your case at a jury trial, you may be worried that you will have to pay federal income taxes on the amount you received. Whether you will owe any taxes will depend on the type of damages you receive.
Understanding the Taxable and Non-Taxable Portions of Your Settlement or Judgment
Settlements and judgments are treated the same when determining whether the proceeds you receive are taxable. Under IRS rules, the damages you received for physical injuries and sicknesses are not taxed. Here are the types of compensation you may receive and whether the proceeds are taxable:
- Medical expenses. The amount you receive to reimburse you for your medical expenses for hospitalizations, surgeries, doctor visits, medications, and other necessary medical treatments are not taxable.
- Wage loss. The portion of your settlement that is to reimburse you for the wages you lost while you were off work recovering from your injuries may be taxed. You could also owe income taxes on future wage losses, and lost earning capacity in the future if you cannot return to work.
- Pain and suffering. If you received damages for the physical pain and injuries you endured in a truck accident, this amount would not be considered income. However, if the amount you received is for emotional distress not related to physical pain and injuries, it could be taxed.
- Property damage. The amounts you receive for car repairs, other property damage, and car rental fees are to reimburse you for out-of-pocket expenses and are not taxable.
- Interest. If a portion of your settlement or judgment is interest on the amount you received, you would owe taxes on this amount.
- Punitive damages. Punitive damages are not commonly awarded in truck accident cases. However, if you received this type of compensation, it would be taxable income.
We Are Here to Fight for the Compensation You Deserve
Were you or a family member injured in a truck accident? You can trust our skilled truck accident lawyers to collect the evidence you need to prove the trucker’s and trucking company’s liability and to fight with their insurance companies so that you receive the compensation you deserve. To learn more about your options and how we have helped other truck collision victims successfully resolve their cases, fill out the online form on this page to schedule a free case evaluation today.
What are the potential penalties for driving under the influence with a child in the car?
Any conviction for DUI in Virginia comes with harsh penalties, such as a jail sentence and hefty fines, and long-term consequences of having a permanent criminal record. However, you could face additional charges and more severe punishments if you had a child in your vehicle when you were arrested for DUI.
What Charges Could You Face If You Are Arrested for DUI With a Child in Your Car?
If you are caught driving while intoxicated with a minor child who is 17 years old or younger in your vehicle, you could face aggravated charges. You may also be charged with DUI child endangerment. It is considered child endangerment to put a minor child in danger of being injured or killed due to a parent or other adult’s willful act or omission or refusal to provide the necessary care.
Like many other states, the Commonwealth of Virginia considers it a form of child endangerment to drive a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher with a child in the car. The risk that a child will be seriously injured or killed in a car accident increases significantly if the driver was drunk. In addition, it is less likely that the child will be wearing his seat belt.
DUI child endangerment is a misdemeanor offense, and you could be charged with is as well as DUI when pulled over for drinking with a child in the car. If convicted of DUI child endangerment, you face these punishments in addition to those for DUI:
- First offense. You will be sentenced to a mandatory minimum jail sentence of five days and a fine of between $500 and $1,000.
- Second offense. You face the same penalties as for a first offense and will be required to perform 80 hours of community service.
You could be charged with additional crimes if the child was injured or died. You also risk losing your right to custody and visitation if the child in your vehicle was yours
Were you charged with DUI or DUI child endangerment? You could have strong defenses to the charges you face—even if you believe you were guilty. Let our experienced DUI lawyers in Norfolk mount a strong defense for you so that you achieve the best possible outcome given your situation. To schedule a free consultation to learn more, call our Norfolk office or fill out the convenient form on this page.
How much does it cost to hire a premises liability attorney?
If you were hurt in a slip and fall or other premises liability accident, you may realize that settling your claim against the negligent property or business owner on your own would not be in your best interests. However, you may worry that you cannot afford to hire an experienced premises liability lawyer, especially when you have mounting medical bills and no income while you are off work recovering. Fortunately, most attorneys charge their fees in a contingency fee agreement where you would not owe any fees upfront.
How a Contingency Fee Arrangement Works
Most premises liability lawyers understand how difficult it is for accident victims to pay attorney fees when they are struggling to get the medical treatment they need and charge their fees on a contingency fee basis. Here is how this agreement works:
- No upfront fees. You do not owe any attorney fees at the beginning of your case. Your lawyer would not get paid until your claim is resolved.
- Fees only owed if you win. You will only owe attorney fees if your lawyer settles your case or wins it at a trial. If your case is not successful, you would owe him no fees.
- Fees are a percentage of your settlement. Most premises liability lawyers charge a percentage of the amount you recover in your settlement or at trial as their fees.
- Fees paid from your settlement. When your case is settled, you do not have to write a check to your lawyer for his fees. Instead, he will deduct the amount you owe from your settlement proceeds.
Other Costs You Could Owe
Attorney fees are not the only expense you will incur when filing a claim for compensation following a premises liability accident. Some attorneys will expect you to pay a retainer when you hire them to cover a portion of these costs, while others will pay these expenses for you and deduct them from your settlement. Here are some of the additional costs you may owe:
- Expert witness fees
- Record copying costs
- Civil lawsuit filing fee
- Deposition costs
Your lawyer should explain how he would charge his attorney fees and other costs at your initial consultation with him—which should be at no cost to you. At Tavss Fletcher, we offer a free consultation with a member of our legal team to discuss your legal options, how we can assist you, and the attorney fees and costs you would owe. To schedule yours, call our office or fill out the online form on this page.
Do I need to register my out-of-state custody and child support order in Virginia?
If you obtained a custody and child support order in a divorce or other child custody action in another state and moved to Virginia, your orders can be enforced in Virginia. Our commonwealth has adopted The Uniform Child Custody Jurisdiction and Enforcement Act, which provides that the custody and child support orders entered in another state are recognized by our state courts. However, you need to register your out-of-state orders.
What Is the Benefit of Registering Your Out-of-State Custody and Support Orders?
The benefit of registering your custody and support orders from another state within a Virginia court is that it will be easier for you to enforce the orders if you need to. Once you register your orders, you can file any necessary motions to change the orders or compel your ex-spouse or partner to comply with them in a state court. If you do not register your orders, you would have to file your motions in that state and incur travel costs and miss work to attend required court hearings.
How Do You Register Your Out-of-State Family Law Orders in Virginia?
The process of registering your child custody and support orders from another state is relatively simple. You must follow this procedure:
- File a letter or other document requesting to register your out-of-state orders with the court in the county or city where you reside after you have lived there at least six months.
- File two copies of the order to be registered with an affidavit that there are no modifications of the order. One copy of the order must be a certified copy, which you can obtain for a fee from the court that entered the order.
- Serve notice of the registration of your orders on your ex-spouse or partner. He will have the opportunity to object to your request, and a hearing will be scheduled if he files an objection.
If you need to enforce an order from another state quickly, you can file a petition for expedited enforcement of the order.
Do you have questions about enforcing an out-of-state custody or support order? Do you need to file an action to enforce these orders? Our skilled and compassionate family law lawyers are here to help. Call our Norfolk office to schedule a free consultation to get the answers and legal assistance you need.
How soon after my premises liability accident should I retain a lawyer?
If you want to obtain all the compensation you deserve for your injuries, you should hire an experienced premises liability attorney right away after your accident. Here are four reasons why this is so important.
Reason #1: Preservation of Evidence
It is not easy to prove a property or business owner’s negligence in causing a slip and fall or other type of premises liability accident. Your attorney can conduct a more exhaustive investigation into the cause of your accident soon after it occurred. In addition, he can obtain time-sensitive evidence, such as surveillance videotape that may have recorded your accident or witness statements—before they are lost.
Reason #2: Help You Avoid Mistakes
You probably have never been injured in an accident where you needed to file a claim for compensation with the negligent party’s insurance company. It is easy to make unintentional mistakes that can weaken your case. Here are some common ones that a lawyer can help you avoid:
- Agreeing to give a recorded statement to the insurance company
- Signing the insurance company’s blanket authorization for release of your medical records
- Posting about your accident on social media sites
- Making statements to the insurance adjuster that he can use to deny your claim or try to pay you less than you are owed.
Reason #3: Negotiate Your Settlement
It can be challenging to negotiate your settlement with the insurance company. It is difficult to know how much your claim is really worth. In addition, the insurance company may try to pressure you into accepting a quick settlement for far less than you deserve.
An attorney who has handled many premises liability cases will be able to value your claim accurately. He will also have strategies that he can use in negotiations with the insurance company to defeat their arguments as to why you should receive less than you deserve.
Reason #4: File Your Lawsuit
In Virginia, there is a deadline referred to as the statute of limitations for filing a lawsuit against the negligent party who caused your injuries. If your lawyer cannot settle your claim, he will sue the property owner or business before the time period to do so expires.
Were you or a family member injured in a premises liability accident? Our dedicated and knowledgeable lawyers are here to help. To get started, call our Norfolk office to schedule your free consultation today.
What happens if I was partially at fault in causing my truck accident?
If you were partly to blame for your truck collision, it can have very negative consequences on the value of your claim for compensation for your injuries. This is because Virginia, unlike most other states, follows the contributory negligence doctrine.
How Contributory Negligence Could Affect Your Truck Crash Claim
Virginia follows a very harsh rule when the victim is partially at fault in causing a truck collision. Under the contributory negligence law, a person who is at all negligent in causing an accident is barred from receiving any compensation for your injuries. This is true whether he was 1, 50, or 99 percent to blame.
Don’t Trust the Insurance Company If They Claim You Were at Fault
Not surprisingly, insurance companies love to raise a victim’s partial fault as a reason to deny his claim. However, just because the adjuster uses this insurance tactic does not make it a valid one.
How Can You Protect Your Rights After a Truck Accident in Norfolk?
You should take steps to protect your right to compensation even if you think you may have been partially to blame for your truck crash. Here are important ways to do that:
- Don’t admit fault. You should not make any statements admitting or implying that you were to blame. It is best not to talk to the insurance company at all on your own.
- Collect evidence. Collect evidence at the accident scene that can help you prove that you were an innocent victim—which could very well be true. Take pictures of the damage to the vehicles, crash scene, weather conditions, and anything else that might help show how your crash occurred. You also want to get the contact information for any witnesses who can corroborate the trucker’s fault in your wreck.
- Don’t give a recorded statement. Do not agree to give a recorded statement, which is a recorded question and answer session with the insurance adjuster. You may unintentionally say something that you did not intend that the insurance company can use against you.
- Contact an attorney. Retain an experienced truck accident attorney as soon as possible. He can help you prove you were not at fault, handle all communications with the insurance company, and negotiate your settlement so that you receive what you deserve.
Do you have questions about your options after a truck crash? Call our Norfolk office to schedule a free consultation to get answers and the quality representation that you need.
What should I do if the police don’t come to the scene of my car accident?
Whenever you are involved in a car accident, you should contact the police at the crash scene and obtain a copy of the police report. The police report will contain helpful information, such as a narration of how the collision occurred, who was at fault, and whether any citations were issued. It can be very useful when filing a claim with the insurance company.
However, the police do not always show up at the scene. If you are in this situation, here’s what you can do to document your accident and protect your right to compensation for your injuries from the negligent driver.
Why the Police May Not Show Up at a Crash Scene
There are a number of reasons that the police may not come when you call to report a collision. Here are some common ones:
- If there were no injuries or the injuries were minor, it may not be a priority to the police, especially if there are a lot of other accidents or other incidents they need to respond to at the same time.
- If your accident happened in a parking lot or on private property, the police may have a policy not to respond.
- If weather conditions are bad, the police may not have sufficient personnel to respond to all the crashes being reported and may only go to the scene of the most serious ones.
What to Do If the Police Don’t Show Up After You Call 911
If the police will not come to your accident scene, it is important to remember that this will not prevent you from filing a claim with the negligent driver’s or your own insurance company. You also have options for obtaining a police report. Here’s what you need to do:
- Seek medical care. Your first step should be to obtain immediate medical treatment for anyone injured in the crash.
- Obtain contact information. You should get the contact information for the other driver and his insurance company. This includes the driver’s name, address, telephone number, driver’s license number, and the license plate number for his vehicle. If there were any witnesses to the collision, it is vital to obtain their contact information too.
- Take pictures. Use your cell phone camera to take pictures of the damage to the vehicles, the accident scene, your injuries, and anything else you think might be helpful when you file your claim.
- File your own report. If the police do not come to you, you may be able to go to the police station or on their website and file a police report on your own. They most likely have a form that you can fill out to file the report.
- Retain an attorney. It is always best to retain an experienced car accident lawyer as soon as possible to file your claim for compensation with the insurance company and negotiate your settlement so that you receive all that you deserve.
Were you injured in a car accident in Norfolk? Call our office or fill out our online form to schedule a free consultation to get your questions answered and learn how we can help you.
Can I date after I separate from my spouse?
Dating after you split up with your spouse may not be a good idea in Virginia. Unlike other states, the Commonwealth of Virginia does not recognize legal separations. You are either married or divorced.
How Dating Can Hurt Your Divorce Case
If you enter into a romantic relationship with someone after you stop living with your spouse, you are doing so while you are still married. Here is how this can be used against you in your divorce.
Virginia is an equitable division state, and marital property should be divided fairly in a divorce. However, the judge can consider fault in determining what is fair. Dating while separated is technically committing adultery. This could be used by your spouse to argue she is entitled to more of the marital assets.
Child Custody and Visitation
When deciding custody and visitation issues, the court must consider the best interests of the child, which involves considering many factors relating to a child’s welfare, needs, and care. If you are dating someone new, the judge may consider this as negatively affecting your fitness as a parent and the ability to take care of your children. You may not be granted primary physical custody, and your visitation with your children may be impacted as well.
Adultery is a crime in Virginia. While it is unlikely, you may be charged with a criminal offense if you are involved romantically with someone else during your divorce proceedings.
How to Protect Yourself in Your Divorce
While there is no law that prohibits dating, it may be in your best interests to not date until your divorce is finalized. If you are considering dating, you should contact an experienced family law lawyer for advice on your rights and how to avoid the potential negative consequences before doing so. Call our Norfolk office today to schedule a free consultation with a member of our legal team to get the answers you need to your questions and to learn how we can help you move forward with filing for divorce.
Can someone who was injured while illegally on your property sue you?
Unfortunately, a trespasser on your property who is injured in a premises liability accident may be able to pursue a claim for compensation against you. However, the type of guest a person is matters in Virginia, and your duties to a trespasser are limited.
When Can a Trespasser Sue You for His Injuries?
In Virginia, there are three types of guests: invitees, licensees, and trespassers. Your duties to each are different, and you have the least duty to a trespasser. A trespasser is an individual who enters the property of another without permission or any right to do so. Your duty to him is only to not intentionally or wantonly injure him.
Like with other rules, there are exceptions to this law. A trespasser may be able to sue you in these situations:
- If the trespass is of such a nature and so frequent that you should have known of the trespass and the likely danger to the trespasser, you could face liability.
- Under the “dangerous instrumentality doctrine,” you can be found negligent if you leave on your property an instrument, appliance, or machine that is easily accessible to children and that has hidden, concealed, or latent dangers. These dangerous items must be in an area that you know or should reasonably know that children gather in. If a child is seven-years-old or younger and is injured, he cannot be considered negligent under Virginia law.
What to Do If a Trespasser Is Injured on Your Property in a Premises Liability Accident
If a trespasser is injured while on your property, you should retain an experienced premises liability accident lawyer as soon as possible. He can help you build a strong defense to this person’s claim. In addition to showing that the exceptions discussed above do not apply, an attorney can prove that the trespasser’s comparative fault caused his injuries.
Do you have other questions about your liability to a trespasser? Do you need to file a claim after suffering injuries in a premises liability accident? Call our Norfolk office to schedule a free consultation with a member of our legal team to get your questions answered and learn how we can assist you.
Why could a trucker’s log book be important in proving negligence in causing a truck accident?
Truck drivers are required to follow detailed regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA) designed to promote truck safety and prevent crashes. A violation of one of these rules may have caused or contributed to your collision. The trucker’s log book can provide you with the evidence you need to prove the trucker’s negligence.
How the Truck Driver’s Log Book Can Help You Win Your Truck Accident Case
Under FMCSA rules, truck drivers are required to keep a written log book while on their trips. The information in the log book can help you prove that the trucker violated the federal hours of service regulations regarding the number of hours they can work without taking a break and their duties to inspect their truck. Here are types of helpful information contained in the log book:
- Hours worked. The trucker is required to list the hours he worked and took a break during his trip. Under federal regulations, he is only allowed to drive a certain number of hours without taking a break during a 14-hour period and a total number of hours during the past seven days. The log book can show whether the trucker violated these rules and was too fatigued to safely drive when he caused your wreck.
- Miles covered. The log book will contain the total miles traveled in a 24-hour period. This information can be checked against when the log book shows the trucker drove and took breaks. In some cases, the miles covered can show that the trucker really drove longer than he claimed in his log book and, in fact, violated the hours of service rules.
- Off time duty. The trucker must report when he was off duty and had no trucker responsibilities, which can also be useful in establishing whether he took sufficient rest breaks before your crash.
- Inspection reports. The truck driver must inspect his truck daily while on the road. He is required to note these inspections and any needed repairs or truck malfunctions in the log book. This information may show that he drove his truck when it was not safe to do so.
You need the assistance of an experienced truck accident lawyer to obtain the trucker’s log book before it is altered or destroyed by the trucker or trucking company. Your attorney will also have the skill to evaluate the information in the log book and other documents to determine whether the information is accurate. To learn how we will obtain the trucker’s log book and other evidence you need to win your case, call our Norfolk office to schedule your free consultation today.
If I am self-employed, how are my lost wages determined in a car accident case?
If a negligent driver caused your injuries in an auto collision, you are entitled to compensation from him, including reimbursement of your lost wages. This amount can be easier to calculate if you receive a regular paycheck. However, it can be more complicated to determine how much you should receive if you are self-employed.
Who Is Considered Self-Employed?
You are generally considered self-employed if you are a freelancer, independent contractor, consultant, or sole proprietor of a business. You decide your own hours of work and whom you will work for. This is in contrast to an employee who works for an employer who dictates his wages, hours of work, and job duties.
How Are Self-Employment Wages Determined?
If you are self-employed, the first step in knowing how much you should receive is to understand the types of damages you can request. Your wage loss claim may include:
- Lost income
- Loss of your earning capacity if you are disabled or unable to work in your profession
- Lost profits
- Business opportunities you lost
Lost income claims can be more complicated to calculate because income and lost profits tend to vary month to month and year to year for some people who are self-employed. Here are documents that can help you figure this out and prove this portion of your claim:
- Independent contractors. If you are a consultant or independent contractor, you most likely receive a form 1099 at the end of the year from the clients you work for, which can be used to establish your lost income. However, you may need additional documentation of your monthly income if it is seasonal or is not the same every month. Tax returns can also be helpful if your income is different each year.
- Small businesses. You may need monthly profit-and-loss statements, receipts for expenses, and payroll and account records to figure out how much lost income, profits, and other damages you deserve. Your tax returns and schedules may also be helpful, but these other documents can help paint a more accurate picture of your income.
An experienced car accident lawyer can help you identify the documents you need and can calculate the amount of wage loss damages to request in your settlement. If your situation is complicated, he may recommend that you also hire an economic expert.
At Tavss Fletcher, we have decades of experience fighting for the rights of victims of car accidents. We understand the steps you need to take to obtain a fair settlement and are here to handle all aspects of filing your claim for you. Call our Norfolk office to schedule your free consultation today.
Whom should I choose as an executor of my will?
When you are creating a will or updating an existing one, one decision you will need to make is whom to name as the executor of your will. This person performs an important job for you after your death, so it is important to pick the right person.
What Is an Executor?
An executor of your estate is the person you appoint to distribute your assets according to your wishes that are stated in your will and to take care of your other financial responsibilities. An executor is also referred to as the personal representative. Some of the duties this person must perform include:
- Distributing your assets according to the terms of your will
- Paying bills for your estate
- Maintaining property until it is transferred
- Paying real estate taxes, insurance, and mortgage payments on real estate
- Selling real estate and other assets
- Keeping detailed records of assets and expenses of the estate
- Attending court hearings
Tips on Whom to Pick as an Executor of Your Estate
Most people pick family members, such as spouses or adult children to be the personal representative of their estate. This can be a good choice as long as they can perform the required duties and will honor your wishes. Here are some tips on whom to select:
- Pick a responsible person. You should select a person who is responsible, can communicate with other heirs, and can make hard decisions if necessary. While he does not need to be an expert in finances, he should be financially responsible and understand the importance of attention to detail. If you do not have a family member or friend that you feel comfortable appointing, you can select a lawyer or financial institution. Keep in mind that they would charge a fee for their services.
- Select an alternate. It is a good idea to appoint an alternate person who can step in as executor if your first choice dies before you or is unable to assume these duties. If possible, pick someone younger as the alternate.
- Consider the location of your executor. While it is not essential to pick someone who lives near you as your executor, it can be more convenient if you do so. A local person would be better able to maintain your property and have an easier time attending required court hearings than someone who lives out of state.
Do you need help drafting a will? Our experienced estate planning attorneys can create a will and other estate planning documents you need that are tailor-made to your family situation and your concerns. Fill out our convenient online form to schedule a free, no-obligation consultation to learn more about how we can help you.
How can I prove that the truck driver who caused my truck accident was speeding?
Speeding is one of the most common causes of truck collisions and can result in victims suffering catastrophic injuries or death. If you believe that the truck driver who caused your crash was speeding, you cannot assume that the insurance company for the trucker and trucking company will agree with you. You will have to prove this in order to receive the compensation that you deserve for your injuries.
Types of Evidence You Can Use to Establish That the Trucker Was Speeding
You need evidence to prove your case. Here are types of evidence that can help you show that the trucker’s speeding caused your injuries:
- Police report. If the police officer who investigated your crash determined the trucker was speeding, he would include this conclusion in the police report. He may also have ticketed the trucker for speeding, which can be compelling evidence that you are right.
- Black box. The truck’s black box may contain data regarding the truck’s speed at the time of your wreck. You need the assistance of an experienced truck accident lawyer to obtain this data from the trucking company before it is destroyed.
- Witnesses. Witnesses to your crash can corroborate that the truck driver was speeding. If this person is an eyewitness you do not know and who has no stake in your claim, his testimony may be especially compelling.
- Accident reconstruction expert. You may need to hire an accident reconstruction expert who can create a reenactment of how your collision occurred to prove that the trucker’s excessive speed caused it.
- Logbook. Truck drivers are required to keep detailed logbooks on their trips of driving time, rest breaks, and other information under the Federal Motor Carrier Safety Administration (FMCSA) rules. Your attorney may be able to use the logbook to help establish that the trucker must have been exceeding the speed limit.
The skilled truck accident lawyers at Tavss Fletcher will conduct a thorough investigation of the cause of your truck accident and collect the evidence you need to prove the trucker’s and trucking company’s negligence. To learn more about how we can assist you, call our Norfolk office to schedule your free confidential consultation today.
How much lost income can I recover after a car accident?
If another driver caused your auto crash, you are entitled to compensation for the wages you lost while you were off work recovering from your injuries, as well as your medical expenses and pain and suffering under Virginia law. Your lost income claim may include much more than just your wages.
Types of Lost Income Damages You Should Receive in Your Car Accident Settlement
You may be entitled to lost wages not only if you work full-time at a regular job, but also if you are a part-time worker, contract worker, seasonal worker, or are self-employed. Here are the types of lost income compensation you may be able to receive:
- Lost Wages. You are entitled to your past and future lost wages as part of your settlement.
- Lost sick and vacation time. You should be reimbursed for any sick time or vacation time you used at your job while you recovered from your injuries. Like lost wages, you can ask for past and future time that is lost.
- Lost perks and opportunities. If you are paid commissions, bonuses, or other perks of your job that you lost due to your car crash, you should receive these amounts in your settlement. You may also be compensated for lost opportunities, such as a promotion or raise at work.
- Lost earning capacity. If your injuries are serious enough, you may have to find a different type of job that pays less or may not be able to work at all. In this situation, you may be entitled to your lost earning capacity. Determining the value of this part of your claim can be extremely complicated, and you need the assistance of an experienced car accident attorney to calculate this.
Documenting Your Lost Wage Claim
You will have the burden of proving the amount of lost income you should receive. Some of the evidence that can help you do this includes:
- Copies of your paystubs
- Copies of your income tax returns
- Letter or testimony by your employer
- Expert witness testimony, such as from an economic expert or physician
If a negligent driver caused your car accident in Norfolk, our skilled and dedicated lawyers can determine all the compensation you should receive in your settlement and fight to ensure that you receive it. To get started, fill out the online form on our website to schedule your free confidential consultation.
Will it help me to attend traffic school before my reckless driving hearing?
It may help you to avoid the harsh consequences you face if you attend traffic school before your court hearing in your reckless driving case. However, whether this will be beneficial will depend on your driving record and why you were charged with reckless driving.
What Is a Driving Improvement Course?
In a driver improvement class, you are taught defensive driving techniques that can help you avoid causing an accident. These courses are approximately eight hours, and they can be taken in a classroom or online. You must take an exam at the end of the class.
The cost of attending traffic school varies, but is generally less than $100. If you decide to enroll in a class before your reckless driving hearing, it is important to pick one on the Virginia Department of Motor Vehicle’s list of approved clinics.
Ways That Attending a Driver Improvement Clinic Can Help You
An experienced traffic ticket lawyer can help you decide whether taking a driver improvement course before your reckless driving hearing is a good idea. Here are ways that it may help you:
- Reduced charges. The charges against you may be reduced or dismissed if you attend traffic school if you have no speeding tickets and this is your first reckless driving charge. In more serious cases, such as if you have a poor driving record, were driving at an excessive speed, or risked injuring someone, taking a driving improvement course can show the judge that you take your actions seriously.
- Reduce your DMV points. Successfully completing a traffic school class will result in a five point reduction in your DMV points. This will improve your DMV record and may help you when you are sentenced in your reckless driving case.
- Lower your insurance rates. Depending on your insurance company, you may be able to reduce your auto insurance costs by attending a driver improvement class.
Have you been charged with reckless driving or another traffic offense in Norfolk? Contact us to schedule a free consultation with a member of our reckless driving legal team to learn about what you can expect in your criminal case and how we can help you mount a strong defense to the charges you face. Call our Norfolk office to schedule your appointment today.