Recent Blog Posts
Seeking compensation after a fatal commercial vehicle accident
When a loved one is lost in a fatal motor vehicle accident, the family is left to try to move on with their lives. It's one of the most difficult times the family and friends will experience. While seeking compensation through a wrongful death lawsuit won't bring back a loved one, it can help bring a sense of closure and justice.
At Locklin & Coleman, PLLC, we understand how your family can be affected emotionally and financially. We also know that a wrongful death lawsuit can be very painful for your family. Our law firm works with leading experts, investigators, accident reconstruction specialists and many other resources to determine what caused the truck accident. These experts will reveal the truck driver's or trucking company's negligence that contributed to your loved one's death.
Trucking accidents can occur for a number of reasons, including driver fatigue, improper maintenance, defective truck parts or imbalanced loads. Our experts will also identify all parties to name as defendants in the wrongful death suit. In many cases, the driver is not the only one responsible for the accident.
Thanksgiving sees more fatal DUI crashes than New Year's Eve
New Year's Eve is thought of as a party holiday, with drinking, dancing and people driving home from the bar. Thanksgiving is thought of as a family holiday, where everyone gathers at grandma's house and carves a turkey.
Perceptions and stereotypes aside, though, and the states tell a different story. Thanksgiving has actually ended up causing more fatal DUI crashes recently than New Year's Eve, making it the deadlier of the two holidays.
The days around Thanksgiving are also ones that see a significant amount of action when it comes to drinking and driving. Specifically, the night before Thanksgiving-and into the early morning on the holiday itself-is one of the biggest bar nights in the country every year. This can naturally lead to more DUI arrests, as well.
Some experts have noted that there are more arrests when people have long weekends. This could contribute to the danger of Thanksgiving, which is on Thursday. Even if people don't go out the night before, many of them will get Thursday, Friday, Saturday and Sunday off of work, something that rarely happens.
Which truck drivers are most likely to fall asleep?
It would be wonderful if drivers in Virginia could know in advance which truck drivers were most likely to fall asleep behind the wheel. After all, there are roughly 6,000 fatal accidents each year that can be linked back to drowsy driving, and commercial drivers play a big part in this.
While it's impossible to spot all drowsy drivers, knowing some of the key factors that make it likely for someone to fall asleep at the wheel can help. These include:
- Drivers who work on abnormal shifts, meaning they may be up at odd hours or not sleep as well. This is also a problem for drivers who are not used to these shifts and may be covering them for the first time.
- Drivers who are using any type of drug or medication that could make them more tired than usual.
- Drivers who simply don't sleep enough at night - perhaps wanting to stay up late to hang out with friends or watch a football game on TV, for example.
Pedestrian dies after hit by car
Pedestrians are always at higher risk of serious injuries or death when involved in a car accident simply because there isn't any protection around them. While vehicles are supposed to yield to pedestrians, this doesn't always happen.
In Gainesville, Virginia, a man was struck by a 2009 Cadillac CTS when he tried to cross Linton Hall Road close to Limestone Drive. The driver of the Cadillac was headed northbound on Linton Hall when the vehicle hit the man.
The victim died at the scene of the accident. According to police, the driver didn't appear to be under the influence of drugs or alcohol. The driver, who is from Manassas, Virginia, stayed at the scene of the accident and didn't suffer any injuries. No charges have been filed against the 39-year-old driver.
In any car vs pedestrian accident, the police investigation will prove very important. The police will determine whether the pedestrian or the driver was at-fault. In civil cases, an accident reconstructionist may be called in to recreate the scene. While criminal charges are not required for a civil case to be filed, it can help strengthen a wrongful death or personal injury case.
7 people hospitalized after deputy attempts traffic stop
A man from Manassas, Virginia, is facing charges of driving under the influence after he allegedly refused to stop for a Fauquier County sheriff's deputy.
The crash occurred on Halloween in Warrenton, Virginia, which is about a 30-minute drive from Manassas. The deputy tried to stop the 22-year-old's vehicle after it reportedly sped by him at over 80 mph on U.S. 29. When the driver fled, he tried to take an exit, but lost control of his 2001 Ford Focus.
The driver of the Ford smashed into the deputy's cruiser, resulting in serious injuries to a passenger in the man's car and to the deputy. Those two people were taken by helicopter to INOVA Fairfax Hospital. Their injuries were described as non-life-threatening, but serious.
Another five people were taken by ambulance. Several agencies responded to the accident, including the Warrenton Volunteer Fire Company. One of the volunteers suffered exposure to blood from one victim's open wound.
The Virginia State Police are still investigating the accident. Currently, the driver who fled is only charged with DUI. It is not known if additional charges will be filed.
What is meant by ‘negligence?'
There are many instances when someone's negligence can lead to a civil lawsuit. For example, someone could be a negligent driver involved in a car accident, a negligent pet owner whose dog attacked a neighborhood child or a negligent doctor who didn't prescribe the right medication.
In Virginia, the term negligence means that someone did not exercise the right degree of care that is expected in a specific situation. So, how does someone prove negligence in court?
You must define what a "reasonable person" would or wouldn't do in the situation that you were injured in or suffered a loss from. In Virginia, though, if you as an injured party contributed to your injuries in some way, then you don't have a case. This very harsh rule is still on the law books in the state. The other person who was negligent must be found to be 100 percent responsible for the accident or you can't collect monetary damages.
Rush hour produces the most car accidents
When you're given car accident statistics in Virginia, they're often broken down to an even spacing, perhaps by saying that there are "X" amount of accidents every five minutes, or that there is one accident every "X" seconds. While this can illustrate how common accidents are, it also leads to misconceptions, making people think that accidents happen evenly spaced out throughout the day.
The reality is quite different. Accidents often come in clusters, and the statistics show that rush hour produces the vast majority of them, where rush hour is defined as six to nine in the evening. Even if you expand that a bit, most accidents happen between three and nine. This is also the time when there are the most fatal accidents. In 2010, for instance, there were 5,178 fatal crashes in this time frame, all across the United States.
It's not really that surprising, as this is when traffic is heaviest. The more traffic, the greater the odds that someone will crash, and the greater the odds that multiple vehicles will be drawn into an accident that, at another time with lighter traffic, may have only involved one or two cars.
We hold drunk drivers accountable for the injuries they inflict
There is no doubt that drunk driving is a serious problem here in Virginia, just as it is across the nation. Intoxicated drivers claim innocent lives and spread misery and heartache when their poor decisions result in deaths and injuries.
In a recent year, there were 254 accident fatalities attributed to impaired driving and comprising more than 34 percent of all traffic deaths during that period. This indicated a whopping 21.5 percent jump from the prior year.
There were even more injuries — 5,288 — from collisions where at least one of the drivers had a blood alcohol content of at least.01. The total of alcohol-related wrecks for the year was 8,047.While statistics are unavailable for the number of drunk driving arrests, there were 27,333 DUI convictions.
Here at Locklin & Coleman, PLLC, we understand the havoc a drunk driver can wreak on a person's life when an accident occurs and injuries result. We realize that a criminal conviction does not go far enough to ameliorate the damage that was done. That's why we doggedly pursue justice for our clients through settlements from the insurance companies of drunk drivers and sometimes from the drivers themselves.
Safety tips for driving in fall weather
It doesn't seem like it should be fall yet. However, the temperatures are falling, rain and other precipitation keep coming down and pumpkins are starting to appear on doorsteps. While it might not seem like there is much to consider when driving in the fall, that really couldn't be farther from the truth. Here are some safety tips to remember during this season:
— Weather conditions can change rapidly in the fall. A gorgeous, warm afternoon can turn cold and raining in minutes. The days are also getting shorter, so you might be heading to or from work in the dark.
-The first few weeks of fall rain can really be dangerous. The oil and dust that has collected on the road mixed with the rain can make for slick conditions. Keep this in mind when the rain showers start.
— With early mornings in the fall, fog will return. This can make heading to or from work more dangerous than usual. Your perception of distance and your visibility can be affected by fog. Some people use their high beam lights in foggy weather, but this just makes it more difficult to see through the glare of the lights hitting the fog. Low beam lights are much better for driving in fog. In addition, remember to slow down so you have time to react if needed.
Motorcylist escorting motorcyclist's ashes killed in crash
Motorcyclists are vulnerable when on the road. Other drivers in motor vehicles may not see the much smaller bikes and the lack of protection around the motorcyclists often means serious injuries or death when a crash occurs.
A recent Iowa motorcycle accident has odd ties to Manassas, Virginia. In mid-September, a 69-year-old man died from head injuries he suffered while escorting the remains of six veterans for burial in Arlington Cemetery.
The man was instrumental in creating and operating Missing In America Project in Nebraska. This organization arranges military burials for the unclaimed remains of veterans. In addition, they try to find family members of the veterans.
The man's remains were being escorted to Omaha, Nebraska, from western Iowa by 125 motorcyclists. His remains had been transported from Virginia to western Iowa by his brother-in-law. During the final leg of the journey, a driver changed lanes and struck several motorcyclists. Three riders were injured and one, age 38, was killed. One of the injured was the deceased's wife.

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