The Kalfus Nachman Blog

Norfolk, Newport News, and Roanoke, Virginia

Archive for the ‘Personal Injury; wrongful death’ Category

Wednesday, May 6th, 2015

Portsmouth's City Council is mulling significant budget cuts across the board. But there is one item—low profile but potentially significant—that many people are overlooking.

That issue is road maintenance. Portsmouth's main highways take a beating from heavy container shipments moving through Norfolk International Terminals and the former APM Terminals complex (now known as Virginia International Gateway), and recently the Portsmouth Marine Terminal reopened to container ships.

With other important issues up for discussion, why should you care about road upkeep? What's it matter if a couple more potholes spring up?

Unfortunately, lax road maintenance doesn't just make for a bumpy ride to work or increased delays.

In March, across the country in Portland the Oregon Court of Appeals revived a $3.7 million wrongful death suit. Why? To decide if the city of Portland should be liable for the death of Miss Lindsay Leonard—struck and killed by a grocery delivery driver in a crosswalk. A jury will decide if the city failed to properly maintain the crossing.

If you're following Portsmouth's budget cuts, please keep in mind the following:

  • Rough pavement = increased vehicle operating costs. What's cheaper for the city adds up for you—to the tune of an extra $380 each year between gasoline, worn tires and alignments for the average sedan.
  • A decreased road maintenance budget could affect your commute. As highways deteriorate, construction projects will shift from reducing congestion and bottlenecks to simply keeping the current roads from falling to pieces—likely resulting in increased gridlock.
  • Your safety is at risk. Accidents stemming from potholes and hydroplaning on damaged road surfaces put you and your vehicle in danger, not to mention even more traffic congestion.

Road maintenance isn't a flashy topic—it's one of those issues that only comes up when it isn't functioning properly.

That being said, be sure to look at the Portsmouth City Council's decisions from every angle. The outcomes won't always be so clear-cut unless something goes wrong.

If you believe you've been injured or had a car accident because of a defective roadway, please contact our Virginia attorneys at Kalfus & Nachman. We offer free case reviews and proudly serve clients in Norfolk, Newport News, and Roanoke, Virginia. Call us today at (800) 361-0430.

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Tuesday, May 5th, 2015

Recently there have been several accidents in the Hampton Roads area attributed to drowsy or asleep drivers. But how big is the problem, really?

A poll conducted by the National Sleep Foundation discovered that 60% of Americans have driven while drowsy, and an alarming 37% have actually drifted off to sleep behind the wheel.

Maybe you've nodded off once or twice but avoided an accident due to rumble strips or an alert passenger. But many aren't so lucky.

Roughly 71,000 Americans receive serious injuries every year from these same accidents, and another 1,600 are killed

But it's hard to say just how accurate these numbers really are—it's impossible to test drivers for “sleepiness” as you can for intoxication, and the only reliable reporting method is through admittance by the drivers themselves.

As you can imagine, motorists aren't very likely to admit falling asleep behind the wheel.

What's more alarming is the fact that an Australian study found similarities between drunk and drowsy driving.

According to the research, being awake for periods of 18–24 hours results in impairment equal to 0.5 to 0.10% blood alcohol content—0.8% is the legal limit for driving.

Fortunately, all of these accidents are preventable. It might seem pointless to mention “warning signs” of drowsy driving—surely you know when you're tired—but we often overlook the signals coming from our own bodies.

Drifting from your lane, excessive yawning or blinking, missing exits or hitting rumble strips are all signs that you are too tired to continue driving

People sometimes make the mistake of assuming “just one more mile and I'll be home.” Many times things turn out fine, but the stakes are always high. An accident could occur without warning

On the other hand, you may have experienced first-hand the effects of driving drowsy. You're driving down the road late at night and another car suddenly swerves into your lane—right into you

Since many drivers refuse to admit to falling asleep on the road, it can be difficult to prove in court. Falling asleep at the wheel is, after all, a form of negligence

When building cases against suspected drowsy drivers, perhaps the best evidence is gathered at the scene of the accident. Telltale signs of a slumbering driver are a lack of skid marks—indicating the driver made no attempt to swerve back into his lane.

If you've been in a car accident in Virginia or Northeastern North Carolina—and you suspect the other driver was guilty of drowsy driving— contact Kalfus & Nachman today or call (800) 361-0430 for a free consultation. We have offices in Newport News, Norfolk, and Roanoke, Virginia.

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Friday, April 17th, 2015

Don't hire a cheap freelancer or have an unlicensed friend do it—or you could be looking at a nasty infection, maybe a hospital stay and in extreme cases death

Tattoo artists in the state of Virginia are bound by the rules of the Centers for Disease Control (CDC)—specifically that tattoos are considered “invasive procedures” because they pierce your skin. Parlors have to practice proper sterilization and cleaning methods to minimize your risk of infection, which is something your cousin or best friend can't guarantee.

But what if you did get a tattoo from a licensed pro and something went wrong anyway? What can you do?

The most common claim you can file against a tattoo artist is negligence, where you suffered an unintentional injury or illness as a result of your procedure.

To file a claim for negligence in a court of civil law, you have to prove a few things:

  1. The parlor failed to meet certain standards of care;
  2. You were injured;
  3. And the parlor's failure to meet those standards was directly responsible for your injury.

At a bare minimum, you should expect the following from a licensed tattoo artist to meet the “standard of care” mentioned above:

  • Asking about your allergies and medical history;
  • Making sure you're at least 18 years old;
  • Clearly showing safety and health certificates;
  • Hand washing, wearing gloves, and using new needles for each customer;
  • Giving you adequate advice after the procedure is over.

Now, you can't just claim money from a tattoo parlor if you happen to get an infection. Agreeing to go under the needle almost always involves signing a consent form making you aware of any infection risks. The tattoo parlor will claim that your infection isn't their fault, and that you picked it up somewhere else or didn't follow their after-care advice.

Every case and contract is different, and it can be difficult to prove negligence without competent lawyers. If you've been injured due to tattoo artist negligence in Virginia or Northeast North Carolina, please contact Kalfus & Nachman today or call (800) 361-0430 for a free consultation. We have offices in Newport News, Norfolk, and Roanoke, Virginia.

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Monday, March 2nd, 2015

Even as the court battle continues and congress is calling for more rigorous testing for the modified ET-Plus Guardrails, VDOT (Virginia Department of Transportation) solicited bids for contractors to identify and replace the troubled guardrail in Virginia. The bid was open from October through March and on, a VDOT spokeswoman said “Even if a contract for the work is awarded, though, it is not clear if the guardrails will be removed”.

"Execution of the contracts is dependent upon facts uncovered by all eight crash tests, in-service reviews and any additional factual information on the modified ET-Plus," said VDOT spokeswoman Marshall Herman. "Plans could change at any time depending on facts uncovered."

In 2015 the federal court has not determined if Trinity Industries changed product designs resulting, in making the end terminal harder for the guardrail to ribbon off to the side in the event of a crash. Instead, the guardrail can jam and spear through a car, causing injury to the passengers.

A decision will not be made until all testing is completed and reviewed by all the necessary experts involved in the case from both sides.

#wrongfuldeathattorney #personalinjurylawyer

If you have been seriously injured, or if your family member has been killed in an accident anywhere in Virginia or Northeast NC, please contact Kalfus & Nachman today or call (800) 361-0430 for a free consultation. We have offices in Norfolk, Newport News, and Roanoke, Virginia.

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Wednesday, February 18th, 2015

Over 4 inches of snow has fallen here in Hampton Roads, and the kids are home. They are outside playing in the snow and to your surprise a child is being towed behind a vehicle on a sled. Yesterday, I witnessed this happening in my Churchland Neighborhood. I immediately contacted local officials, so that they could warn the parents of the dangers of children being towed on sleds behind vehicles. Later on in the day, as we drove out to Lowe’s I witnessed adults being pulled in an inner tube on an icy residential street in Portsmouth.

This is a reckless behavior and endangers someone’s life and could end in death. If the vehicle makes a sudden stop or turn, the person on the sleigh could be thrown from the sleigh, or the rope could become tangled around person. Please remember safety first, this is an unlawful act here in Hampton Roads and could land you in jail.

Last month in Colorado Springs, a man was on a makeshift sled made with a metal bedframe and a rubber mat; that slammed into a parked car. The 33-year-old man later died as a result of his injuries he sustained in the crash. These injuries he sustained were brain swelling caused by head injuries and chest injuries caused by CPR.

The driver of the SUV is facing criminal charge along with the passenger in the car.

Another incident occurred in the same month resulting a 15-year-old girl, sustaining severe injuries. The car towing her sleigh was traveling 35 mph.

If you have been seriously injured, or if your family member has been killed in an accident anywhere in Virginia or Northeast NC, please contact Kalfus & Nachman today or call (800) 361-0430 for a free consultation. We have offices in Norfolk, Newport News, and Roanoke, Virginia.

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Monday, February 9th, 2015

The accident was a chain reaction that left one woman dead and 5 children and two adults hospitalized with injuries. The weather was sunny and bright on Pacific Coast Highway in Malibu, CA when a Toyota came to a sudden stop. The white Lexus following behind slammed into the Toyota, Jenner driving a Cadillac Escalade pulling a trailer, hit the Lexus and knocked it into oncoming traffic. The Lexus was then struck head on by Hummer, and killed.

Jenner immediately told authorities that paparazzi was following him, and caused the accident. On Sunday, authorities shared that paparazzi was following but there was no indication they caused the accident. Authorities also went on to say “that paparazzi following stars are a regular occurrence, and there is no indications at this time it was a contributing factor of the crash.” However, the paparazzi did capture a photo of Jenner smoking shortly before his SUV made impact with the Lexus.

Jenner did voluntarily take a sobriety test at the scene, the results came back that he had not consumed any alcohol prior to the accident. The authorities have requested a subpoena of Bruce Jenner’s cell phone records to confirm whether or not he was distracted prior to the crash.

The investigation is on-going, and authorities have not determined who was at fault in the crash.

The question remains will there a manslaughter charge? A wrongful death claim for the woman killed in the Lexus? And will the 5 children and two adults that were sent to the hospital file a personal injury claim?

This was a tragedy and prayers and thoughts are with the victims, families and friends of this terrible crash.

#wrongfuldeathattorney #personalinjurylawyer

If you have been seriously injured, or if your family member has been killed in an accident anywhere in Virginia or Northeast NC, please contact Kalfus & Nachman, Norfolk truck accident lawyers, today or call (800) 361-0430 for a free consultation. We have offices in Norfolk, Newport News, and Roanoke, Virginia.

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Thursday, February 5th, 2015

This week is Burn Awareness Week 2015. It provides a platform for burn, fire and life safety educators to build awareness in community on preventing burns. Over 4,000 Americans are killed by fires a year and another 25,000 are hospitalized in burn centers. The ABA Burn Prevention Committee has identified to at-risk groups for burns, young children and the elderly. Please take time to view some of the materials available at www.ameriburn.org on how to stay safe.

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.

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Wednesday, February 4th, 2015

On Yesterday, a horrific accident occurred during rush hour outside of New York City at a Metro-North Grade Crossing in Valhalla. According to an MTA spokesman, an SUV-Jeep was stopped at the tracks, and the gates came down on the Jeep, which was shoved about 10 car lengths by the train, Donovan said. Six people were killed, and 15 have been injured, this is the deadliest crash in Metro North’s History of operation.

Here locally in Hampton Roads we have numerous grade crossings , that are operated by CSX, Hampton Roads Transit, Norfolk Southern and Amtrack. These trains carry freight and passengers. Even though they it may appear these trains are not traveling at very high speeds, it is still very difficult for them to stop quickly for pedestrians and motor vehicles. It takes a mile or more to stop a train, which is equivalent to eighteen football fields. The average weight of a freight train is 12 million pounds vs. 4,000 pounds in the US.

According to the FRA, in 2013, 250 people were killed in collisions at Grade Crossings. Nine people were killed in vehicle -rail accidents and 19 (deaths and injuries) by trespasser, in Virginia according to the Federal Railroad Administration Office of Safety Analysis. In the US, an every 3 hours, a person or vehicle is hit by a train and are 30 times more likely die. FRA has reported an 83% decline in collisions since 1972.

For life-saving tips at Grade Crossings for motor vehicles and tractor trailers Operation Lifesaver has established a website that has an abundance of information. Operation Lifesaver is a non-profit designed to end collisions, deaths and injuries at places where roadways cross train tracks, and on railroad right-of-way. For more information on Operation LifeSaver, please visit their website at www.oli.org

Kalfus & Nachman has helped many clients in Virginia and North Carolina get fair compensation for their wrongful death cases. If you suspect a loved one's death may have been the result of a medical professional's carelessness, call the Virginia wrongful death lawyers at Kalfus & Nachman right away.

Call Kalfus & Nachman at 800-361-0430
for your free legal consultation or save time with our online Contact Form.

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