The Kalfus Nachman Blog

Norfolk, Newport News, and Roanoke, Virginia

Archive for the ‘Fatal Accidents’ Category

Wal-Mart contends Tracey Morgan is liable & should have worn a Seat Belt
Tuesday, September 30th, 2014

We all remember that frightful night June 7th, 2014, traffic was stopped 15 miles north of Trenton near Exit 8A on the New Jersey Turnpike, when a tractor trailer, driven by Kevin Roper, traveling at 65mph plowed into the back of a limousine bus causing a six-car accident. Tracey Morgan and several others were injured, and James "Jimmy Mack" McNair, was killed in the crash. Tracy is still recovering from injuries sustained; a broken leg, nose and several ribs. He is been released from inpatient rehab but still utilizes a wheelchair and walker to get around as he received in home therapy. His reps shared it will still be months before he is able to walk without assistance, as he continues to struggle.

The driver of the truck was employed by Walmart and had been driving for over 13.5 hours, when the crash occurred. Roper pleaded not guilty to charges of vehicular homicide and assault, he was released on $50,000 bail. Wal-Mart has made a public apology and vowed to take "full responsibility" for the accident if Roper was found to be at fault. The National Transportation Safety Board is still investigating the accident.

In July 10th, 2014 Morgan and three others filed suit against Walmart. The suit states “Wal-Mart knew or should have known its truck driver, Kevin Roper, had been awake for more than 24 hours before the crash, which under the law meant he should not have been on the road, according to New Jersey State Laws.”

Wal-Mart filed its contention in Federal Court on September 29, 2014, responding to the lawsuit by Morgan and three other plaintiffs. In its filing, Wal-Mart stated the injuries suffered by surviving passengers were caused in whole or in part by their "failure to properly wear an appropriate available seatbelt restraint device” and by not using seat belts, the plaintiffs "acted unreasonably and in disregard of plaintiffs' own best interests." They further went on to say the plaintiffs' damages were not caused by Wal-Mart or any of its affiliated employees; the injuries "may have been caused by third parties over whom Walmart had no control." Walmart is asking for a trial by jury.

Anytime life is lost or someone sustains life threatening injuries in an accident, a person should seek legal representation. Laws vary from state to state and experienced attorney can help you sort through your next steps. If you or someone you love has been involved in a truck accident that resulted in injury or death, please contact Kalfus & Nachman. Our experienced team of Virginia car accident lawyers can assist you with the entire process of filing a lawsuit. Call us at (800) 361-0430.

Posted in auto accidents, car accidents, fatal accidents, Fatal Accidents
| Comments Off
FATAL ACCIDENTS CONTINUE TO RISE IN THE US
Friday, September 26th, 2014

In the past four months there have been several fatal accidents involving high profile athletes at the collegiate and professional level. In June we lost three collegiate players, two at Texas A&M Commerce that died tragically in Paris, as their car stopped at a stop sign, and pulled out into an intersection they were hit by an 18-wheeler. There were four occupants in the vehicle, at the time of the crash; two passengers Aubree Butts and Devon Oliver were killed. The driver La’tisha Hearne and front passenger Zeonbia Winbush were taking to the hospital with non-life threatening injuries. They were in Paris coaching a basketball camp at Paris High School. Later that month, Ex-Auburn football player Philip Lutzenkirchen died in a single car accident in Georgia, and just five days ago on September 21, 2024 we lost the Former Titans Kicker Rob Bironoas, he was 36 years old and lost control of his SUV went off the road into several trees before turning upside down. Yesterday, University of Cincinnati lost Chamoda Kennedy-Palmore, when a vehicle turned two lanes of traffic and his motorcycle was struck, in Cincinnati.

In the Aviation Industry there is zero tolerance for pilot error, because the result of error is catastrophic. The Insurance Institute for Highway Safety describes the American roadways as such when it comes to fatal accidents; Imagine a plane full of people crashing, killing everyone on board, every single day. That’s how many people die on America’s roads daily. “Motor vehicle crashes in the United States result in more than 40,000 deaths per year,” says the Institute in the journal Injury Prevention. On average, more than 100 people per day died in car crashes in the U.S. The death toll for a single day can range from 45 to 252 people, say the researchers.

These results are alarming, and the number of drivers and accidents on the US roadways are not decreasing. Even with the latest technology and safety features, the number of fatalities on US roadways continues to climb based on the last NHTSA’s Fatal Analysis Report System (FARS).

In 2012, 33,561 people died in motor vehicle traffic crashes in the United States; this was a 3.3-percent increase in the number of people killed on our roadways, from 32,479 the previous year.

The attorneys at Kalfus & Nachman have developed several videos to help keep you and your love ones safe, on our roadways.

Highway Safety

Distracted Driving

Whom Do You Contact If You Are Involved In Accident

Injured in another State

If you or a loved one have been injured by the negligence of another, please give us a call today to schedule a consultation with a Norfolk personal injury attorney, please visit the website and fill out the convenient online form.

Links to Social Media:

Youtube: http://www.youtube.com/user/VAPersonalInjuryKN

FB: https://www.facebook.com/pages/Kalfus-and-Nachman/103386589709320

Google+ https://plus.google.com/111549101320921068317/about

Posted in Auto Accident, fatal accidents, Fatal Accidents, truck accident, Wrongful Death
| Comments Off
DC has the Lowest Fatality Rate
Wednesday, August 13th, 2014

Across the US, the roadway fatalities have dropped 22.7% since 2005. However, perception is the last thing you would like to do as a license driver is drive through Washington DC, when the US Congress is in session or drive down I-495 the Capital Beltway during rush hour. A recent study finds Washington, D.C., has the lowest fatality rate and North Dakota, South Carolina and West Virginia have the highest chance of a motorist becoming a road fatality statistic. Whether you’ll die in a traffic accident largely depends where you live, according to a recent study from the University of Michigan's Transportation Research Institute.

University of Michigan Transportation Research Institute Research Professor Michael Sivak found a wide disparity in traffic fatality rates for individual states and the District of Columbia.

He concluded that if you drive in Massachusetts and Washington, D.C., you have the lowest chance of dying in a traffic accident than any other state, while motorists in North Dakota, South Carolina and West Virginia have the highest chance of becoming a road fatality statistic.

West Virginia had the highest fatality rate in the U.S. in 2012 as measured in vehicle miles traveled, while North Dakota claimed that dubious honor when the numbers of deaths were compared with state population. Measured by the number of deaths in relation to state population, drivers in North Dakota were more than 10 times likelier to die in a traffic accident in 2012 than those in the District of Columbia.

California, Connecticut, Minnesota, New Jersey and Washington were all in the top 10 of the safest states using both measurements, while Mississippi, Montana, North Dakota, Oklahoma, South Carolina and West Virginia were in the bottom 10. Sivak concluded that the northern Plains states and the South have the overall worst fatality rates.

The study didn’t focus on the reasons for the large gap in the safest and most dangerous states in which to drive, only the raw data. But Sivak noted that factors such as speed limits, topography, alcohol-enforcement policies, age distribution and proportion of urban versus rural areas could all be reasons for the wide differences, while higher speeds on rural roads, reduced visibility and the longer response time of emergency personnel could also be contributing factors.

[Source: University of Michigan Transportation Research Institute]

So, next time you go to Washington DC you just might not hop on a train… but rent a car and take a drive!! If you or a loved one have been injured in an in an accident caused by the negligence of another, please give us a call today to schedule a consultation with a Norfolk, Newport News or Roanoke personal injury attorney, please visit the website and fill out the convenient online form.

Links to Social Media:

  • Youtube: http://www.youtube.com/user/VAPersonalInjuryKN
  • FB: https://www.facebook.com/pages/Kalfus-and-Nachman/103386589709320
  • Google+ https://plus.google.com/111549101320921068317/about

Posted in Auto Accident, Auto Accident, fatal accidents, Fatal Accidents, Personal Injury; wrongful death, Wrongful Deaths
| Comments Off