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Is a truck driver's error responsible for your accident?
There are many causes of truck accidents, from poor truck maintenance to driver negligence. The injuries suffered in this type of accident are often catastrophic. Should the accident victim or victims survive those injuries, there could be massive disfigurement, a need for extensive rehabilitation or an inability to work again.
At Locklin & Coleman, PLLC, we represent victims of truck accidents. We know there are many causes of truck accidents. Our investigators and truck accident reconstruction experts document debris and skid marks, thoroughly examine the vehicles involved, speak with witnesses, analyze the "black box" recorder in the semi-truck involved and get the logbooks the driver used.
While some truck accidents are due to road conditions, poor truck maintenance and other motorists, many are due to the truck driver's error. This might include a driver who is operating the truck while drowsy or impaired by alcohol or drugs. Other truck driving negligence includes judgment errors, inattentive driving, failure to maintain the lane and traffic violations. The companies that employee the drivers can be held liable for their errors, such as hiring a driver who has a criminal history, substance abuse problems or numerous traffic violations.
How does alcohol affect the body?
Drunk driving accidents can cause serious injuries, permanent disabilities, pain and suffering and fatalities. It can fracture a family emotionally, but it can also cause significant financial problems when wages are gone after a family member's loss or long recovery. These accidents are completely preventable, which is what makes them so tragic.
Alcohol affects everyone differently, depending on a number of factors. A person's blood alcohol concentration level includes factors such as person's gender, weight and tolerance level. In addition, how quickly alcohol is absorbed into the body can depend on whether a person has eaten recently. Here are some typical and predicable effects of alcohol. The number of drinks listed is what a 160-lb man would need to consume in an hour to reach the given BAC.
More than 1,000 car wrecks on snow-covered Virginia roads
The snowstorm that smacked the East Coast last week has created a nightmare for drivers. The Virginia State Police were exceedingly busy on Friday, responding to more than 1,000 car accidents on Virginia highways.
As the cold temperatures and the snow continued, authorities are asking people to stay off the highways. The wind is now causing drifting snow, which is piling up on many primary routes and interstates.
On Friday, Jan. 22, the VSP dispatch centers took 3,471 calls for service. The VSP responded to 1,032 car accidents and 879 disabled vehicles. The area with the most accidents was the Hampton Roads region with 339.
This snowstorm dumped as much as three feet of snow in some areas on the East Coast. So far, 18 people have died in ways related to the storm, such as in fatal motor vehicle accidents, heart attacks and more. Georgia had restored power to over 66,000 homes since Friday morning. Kentucky saw motorists on Interstate 75 south stuck overnight due to blowing snow and car accidents. Food, water and gas were passed out to those stranded.
Should you choose a judge or jury to hear a personal injury case?
You may wonder how people decide whether to have a judge or jury hear their personal injury case at trial. It's up to the plaintiff, although the decision is usually made based upon the advice of his or her attorney.
Your attorney will advise you on whether you have a better chance at a successful personal injury case with a judge or jury. While the decision is up to you, your attorney has a lot of experience in these types of trials and with specific judges. Putting that knowledge and experience to work for you is one reason why you hired the lawyer you did to represent you.
A jury is often a good choice for personal injury cases that are fairly straightforward. A compelling, sad story is often better received by a jury than it is by a judge who hears this type of case day in and day out. A complex case is often better received by a judge. The judge will be familiar with the legal problems that might arise, as well as the damages you would be permitted to receive. It's often easier for a judge to understand the complexities than it is for a jury.
What is a ‘common carrier'?
A common carrier is a business or corporation that transports goods or people from one place to another and gets paid for it. This includes commercial airplanes, tour buses, school buses, commercial buses, cruise ships and taxis, just to name a few.
When a common carrier is sued by the victim of an accident, the lawsuit is often successful because of claims of willful acts or negligence. In order to prove a negligence claim, a standard of "reasonableness" must be met. In other words, a bus driver exercising reasonable care is expected to obey traffic laws, not operate the bus in dangerous maneuvers and to stop at places that are reasonably safe for passengers.
Multiple entities could be found liable in a bus accident if they are partially at fault for an injury-causing accident. This is called contributory negligence. If someone is injured on a chartered tour bus, the issue of liability can become even more complicated. A tour bus injury lawsuit often includes the following named as defendants:
Criminal conviction not necessary to file personal injury claim
When you're injured in a car accident, it can be difficult to deal with all the issues the wreck caused. Some of these issues include getting the proper medical treatment, dealing with your insurance company and trying to figure out how to pay your bills until you can return to work. If you weren't responsible for the accident, it just makes the situation worse.
When police respond to an accident with serious or even deadly injuries, they ensure the victims get the help they need, but they also investigate the crash to determine if criminal charges should be filed. However, even if criminal charges are not brought against the person responsible for the accident, it doesn't mean that you can't seek compensation from the at-fault driver.
At the law firm of Locklin & Coleman, PLLC, we provide our clients with vigorous representation in car accident and other motor vehicle accident cases. We use investigators who are retired state troopers and police chiefs, and a U.S. marshal. These accident investigators know that while criminal charges are a requirement, their presence could help your civil case.
Drugs and driving are a deadly combination
Drugged driving is a growing problem in our country. Each year, there are around 4,000 drivers who had drugs in their bodies when they were killed. The number is likely much, much higher, as this doesn't take into account those drivers who died and were not tested for drugs. It also doesn't include drivers who were killed by other drivers who had drugs in their systems.
Nearly 7 percent of drivers involved in deadly traffic accidents tested positive for the principle ingredient in marijuana — THC. Around 18 percent of drivers who died in motor vehicle accidents had drugs like cocaine and marijuana in their systems, but no alcohol.
Here's a scary statistic: Nearly 10 million people reported that they had driven while under the influence of drugs. That's almost 4 percent of the population. While some teens believe — mistakenly — that they drive better while they are high on pot, more than half of the drivers who were admitted to a Level 1 trauma center for injuries suffered in a traffic accident had drugs in their system. This doesn't include alcohol. Almost 25 percent had marijuana in their system.
Pamphlet on alcoholism written by convicted drunk driver
If you're in the Roanoke Valley in Virginia, you might come across a new pamphlet on alcoholism. The title of it, "Alcoholism & Denial Destroyed My Life." It is written by a woman who is well known in the area for drunk driving.
In 2008, she and a friend drove separate vehicles after leaving a downtown bar. Both vehicles crashed into a road construction crew working the nightshift on Electric Road. One of the workers was killed.
Both of the drivers pleaded guilty to DUI, but they were also charged with aggravated manslaughter. Both were convicted of that charge and their sentence was 2.5 years and 6.5 years, suspended. In 2014, the woman was arrested again for DUI, with a blood alcohol concentration of.25 — which is more than three times the legal limit. She was convicted and sentenced to five years, which was the maximum sentence. She was also sentenced to the 6.5 years from the previous case.
Dealing with a wrongful death lawsuit brings mixed emotions
When you lose someone you love in an accident, the grief you experience is not going to go away quickly. For many people, the grief is overwhelming, especially when your loved one was lost because of another person's negligence, recklessness or intentional act.
Filing a wrongful death lawsuit can bring myriad emotions to the surface. You may simply want to grieve without worrying about court appearances or even having to see the person responsible for your loved one's death.
At Locklin & Coleman, PLLC, we understand how difficult this time is and we will help you with all aspects of this necessary action. We know you want to see the party responsible for your loved one's death held accountable.
Wrongful death lawsuits may be brought because of a loved one's death in a number of ways. For example, car accidents, premises liability accidents, and workplace accidents may all result in someone's wrongful death.
There are time limits for bringing such lawsuits. In Virginia, the Wrongful Death Act is very specific about how this type of case must be put together and filed. In addition, over time, evidence can fade, which means it can be more difficult to prove what happened. An experienced attorney can help you prepare a wrongful death case before the statute of limitation expires.
Distracted driving statistics for truckers
Distracted driving has become an even greater risk for motorists and pedestrians thanks to cellphone technology. Now people can text, check email and even play games on their cellphones — all while driving.
While any type of distracted driving can cause a fatal accident, when the driver is operating a semi-truck, the resulting accident can result in catastrophe. Here are some of the statistics associated with distracted driving and truckers.
— Texting drivers are 23 times more likely to be involved in an accident.
— Texting commercial motor vehicle drivers were six times more likely to be involved in an accident.
— A truck driver is 6.7 times more likely to be involved in an accident while reaching for an electronic device.
— A truck driver is 7.0 times more likely to be involved in an accident while looking at a map.
— A driver takes his or her eyes off the road for between 3.8 and 4.6 seconds when he or she texts or dials a phone number. While that may not seem like a long time, a truck can travel the length of a football fields during those few seconds.

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