Posted on September 25, 2014 in Truck Accidents

Hours of service requirements for truckers have long been a source of concern for drivers, as well as for lawmakers. Over the years, regulations have helped solidify the expectation that truck drivers operate safely and without undue tiredness or rushing. Both driver fatigue and speeding can threaten others' safety, which is why the drivers of commercial vehicles are held to stringent hours of service requirements in Northern Virginia and beyond.

The most recent set of hours of service regulations went into effect in July, 2013. Truck drivers are now limited to 11 hours of daily driving and 14 total hours of being on the job each day. There are also regulations concerning the weekly number of service hours a driver can accumulate. Before the new rules were set forth in the summer of 2013, truck drivers could work up to 82 hours in a single week. Now, they must work only up to 70 hours per week.

If a driver reaches the maximum of 70 work hours in a week, he or she can resume working, but only if certain conditions are met. The driver must rest for 34 hours in a row; this rest must include two nights during which rest occurs between 1:00 a.m. and 5:00 a.m., when most people's body clocks tend to be in need of rest. Finally, an important element of the 2013 trucking regulations is that truck drivers must go on a break for 30 minutes during the first eight hours of their shift.

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 Posted on September 19, 2014 in Car Accidents

After many traffic accidents, it's relatively clear who was at fault. For example, if a sports car driver speeds through a stop sign and crashes into a sedan that was lawfully traveling through an intersection, the injured sedan driver has a strong case to show that the sports car driver caused the accident through negligence and should be held liable for the injured person's damages. However, determining causation after a car accident is not always so easy. For example, what if both drivers ran the stop sign? Can the sedan driver recover compensation in that case?

Virginia law has an answer to this question, and it is somewhat harsh: If the injured party negligently contributed to the cause of the accident, he or she cannot be compensated.

The concept here is known as contributory negligence. In the example above, the sports car driver owes a duty to other drivers on the road to not put them at unnecessary risk of harm. However, the sedan driver also owes a duty of care to him- or herself to avoid harm. By running a stop sign and getting into a car crash, the sedan driver acted negligently. This negligence contributed to the sedan driver's injuries.

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 Posted on September 12, 2014 in Commercial Vehicle Accidents

One of the most frightening sights on any highway, interstate or local road is an overturned truck. Especially in four-season states like Virginia, a semi truck accident is, unfortunately, a threat throughout the year. From slippery roads caused by thunderstorms to icy streets or slick autumn leaves, the danger of any vehicle spinning out of control is a frequent presence. Still, even more disturbing than the thought of a rollover is when it occurs to a truck is carrying hazardous materials.

Sometimes hazardous materials spills can be contained, even after a truck rollover, but often they are extremely dangerous. The Federal Motor Carrier Safety Administration has instituted several different regulations designed to keep both truck drivers and other drivers safe on the nation's roads.

According to the FMCSA, in order to obtain a Hazardous Materials Safety Permit, a carrier must first achieve a safety rating at the level of "satisfactory." Carriers must also register with the Pipeline and Hazardous Materials Safety Administration and have an adequate security program in place. In addition, carriers need to be outside the "worst 30 percent" of the nation's average when it comes to the ratings of their drivers, vehicles, and crashes. Finally, carriers must have in place a system of communicating whereby drivers can contact their carriers during their routes. Written documentation of these communications must also be a part of the program.

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 Posted on September 05, 2014 in Fatal Motor Vehicle Accidents

Coping with a loved one's death may be the most difficult thing a Virginia resident will ever have to go through. When a family member is killed by someone else's recklessness or negligence, the grief, confusion and anger can seem insurmountable. The legal system, however, offers surviving families a way to seek accountability in civil court, but this can be an overwhelming task without legal assistance.

Since demonstrating negligence requires discovering the cause or causes of fatal car accidents, surviving family members must take on this task following a deadly wreck. While official police reports are instrumental, sometimes an independent investigation is needed to round-out the overall review of what happened. A Virginia accident attorney experienced in handling wrongful death cases can provide a family with the experience and legal know-how to put their minds at ease.

In addition to uncovering the real cause of an accident, a wrongful death action must meet several important elements. In order for a wrongful death suit to be successful in civil court, there must have been a death that was caused by another person's negligence, or possibly with some intent to harm another. Moreover, there must have been some harm or damage caused by that death, be it medical expenses, funeral expenses or emotional pain and suffering.

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 Posted on August 28, 2014 in Commercial Vehicle Accidents

As many mature drivers understand, driver's education doesn't stop in high school. In addition to memorizing the rules of the road, safe drivers are always learning as they drive and integrating new experiences into stored information. While it's impossible to guarantee a driver will avoid all accidents, it is helpful to know how many common types of accidents are caused.

One of the most frightening types of crashes is a commercial vehicle accident. This type of accident incites fear in many because it is often the commercial driver's fault, not the passenger vehicle driver's fault; thus, it is not a type of accident most drivers can easily avoid. In addition, commercial vehicles often tower over most Virginia driver's cars, even SUVs and pickup trucks. An accident can thus prove especially catastrophic in terms of injury and property damage.

One of the most common types of any sort of accident is caused by speeding. Passenger cars can slow more quickly than large trucks can, though, which is why many a trucking accident has the simple explanation of speed behind it. A truck may be speeding simply because it's being driven by a negligent truck driver, or it may be going too fast because the driver's employer has set unrealistic timetables that may even go against Federal Motor Carrier Safety Administration regulations.

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 Posted on August 21, 2014 in Fatal Motor Vehicle Accidents

When fatal car accidents occur in Northern Virginia, they don't always make the news. While loss of life is always significant, the region is a heavily-populated area that is also crisscrossed by multiple busy interstates. Still, when a fatal motor vehicle accident involves a famous person, the publicity given to the case can highlight important legal issues.

In Charlottesville, Virginia, two vehicles and a tractor-trailer were involved in a deadly wreck. The identity of the allegedly drunk driver may come as a surprise to some: U.S. author Donovan Webster. The writer is currently being held without bail. According to local police in Albemarle County, the 55-year-old was driving while drunk and may be responsible for the accident that killed a 75-year-old man. Court documents indicate that he is scheduled for a hearing in October.

Reports note that there may be additional charges as the investigation progresses. The driver of the tractor-trailer involved in the accident did not receive any charges. In any fatal crash, the family of the victim is often put in an agitating position where they seek for answers. The results of an official investigation can take time, and even then may not answer every question. Who was at fault? Why did it happen? Did their loved one have to die?

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 Posted on August 15, 2014 in Drunk Driving Accidents

Many Virginians are aware of the dangers of drunk driving and the tragedy that can follow a drunk driver's getting behind the wheel. Understandably outraged, many wonder what they can to do prevent an activity responsible for the deaths and injuries of so many throughout the state.

While most drivers realize the extreme importance of never driving drunk, it's also crucial to never get in a vehicle with someone who has had a drink or two - or more. Even if someone who has been drinking appears to be alert, they still pose a tremendous danger to themselves and others and can easily cause a drunk driving accident. Anyone whose blood alcohol content is at or above 0.08 percent, the legal limit in Virginia, is impaired and should never get behind the wheel. Others can do their part by insisting on a taxi, staying where they are, securing a designated driver or even distracting the drunk driver so that they do not get in the driver's seat.

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 Posted on August 08, 2014 in Car Accidents

Commuters in Northern Virginia are used to traffic jams, speeding vehicles and the occasional political motorcade. Most of the time, the traffic situations that bring cars to a halt on the interstate are simply due too many vehicles trying to get to work during the same morning and evening hours. Recently in Fairfax, though, a nasty jam was created when a police chase became a multi-vehicle auto accident.

On Aug. 2 around 3:00 in the afternoon, police officers pulled over a Dodge Charger in the area of Interstate 66 in Fairfax County. The vehicle's driver was wanted on a warrant, and while an officer was taking the driver into police custody, the Charger's passenger grabbed the wheel and sped off. Police chased after the fleeing vehicle. Unfortunately, but not surprisingly, the Charger eventually veered into traffic and struck two cars on I-66 near Arlington.

Officials were able to redirect traffic off the interstate and caught up to the driver of the Charger. However, six people, including the Charger's driver, suffered injuries from the multi-vehicle accident. A few suffered severe injuries and had to be taken to Arlington's Virginia Hospital Center. Both lanes of I-66 were stalled for more than one hour as traffic stretched-out for miles. Ultimately, police were able to identify the two individuals in the fleeing Charger as a 33-year-old man and a 25-year-old woman from Washington, D.C.

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 Posted on July 31, 2014 in Car Accidents

Fortunately for its many residents, Northern Virginia is home to a robust mix of transportation options. With the price of gas certainly not going down in recent years, some residents are becoming more open to alternatives to driving a car. Some may choose to get around on a moped; if they're not going far, a moped can be ideal for in-town driving, if weather permits. Still, due to its small size and unfamiliarity for many drivers, a moped can easily become involved in a car accident if vehicle drivers aren't attentive.

Last year, according to officials, there were 600 crashes in Virginia that involved mopeds, motorscooters or mini-bikes. Of these incidents, 12 of them proved deadly. Earlier this year, a teenager from Reston was killed while riding a mini bike. Over the past five years, notes the DMV, there have been over 2,000 moped accidents spurring injuries for 1,967 individuals.

On July 1 of this year, a new law affecting mopeds required drivers to meet several new requirements. One is that they must wear an approved helmet, be age 16 or older, register their moped with the DMV and carry a photo ID when riding on state roads. In addition, if a moped does not feature a front windshield, the driver must sport certain types of face protection.

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 Posted on July 23, 2014 in Drunk Driving Accidents

Virginia is often known as one of the toughest states on drunk drivers. If one causes a drunk driving accident in the state, he or she may face more than a night in jail, even for a first offense. However, it's interesting to learn that Virginia's well-known toughness on DUI offenders was not always the case. Roughly a decade ago, a bipartisan set of lawmakers drafted over 70 pieces of legislation aimed at cracking down on drunk drivers.

Fortunately, the approach of getting tough with drunk drivers seems to have had a positive effect. Since 2005, deaths caused by DUI accidents have gone down by an impressive 21 percent. In addition, according to statistics from the Virginia Department of Motor Vehicles, DUI-related wrecks have gone down by about 30 percent. Even better, this apparent drop in DUI-related fatalities and accidents is reflected on the national level. From 2005 to 2012, DUI fatalities went down by about 23 percent nationwide.

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