Personal Injury Lawyers
Archive for October, 2009
Obama Bans Texting While Driving for Government Employees
Thursday, October 29th, 2009
In an attempt to cut down on the large problem caused by distracted driving, President Obama recently signed an order banning all federal employees from texting while driving government vehicles. Drivers are prohibited from both reading and sending text messages while driving. Instant messaging and the use of GPS devices are also forbidden.
This law also extends to government employees driving government-rented or -leased vehicles, as well as personal vehicles used for government business. President Obama stated that he feels it is important that federal employees set an example of proper safe driving practices to be followed by the rest of the nation.
Recent studies by the U.S. Department of Transportation indicate that distracted driving plays a role in many of the auto accidents occurring on our nation’s roads. In particular, cell phone use while driving - both talking and texting - dramatically increases the risk of an accident. The Department of Transportation recently released a report documenting that talking on a cell phone while driving is almost as dangerous as driving while intoxicated.
If you have been seriously injured in an auto accident caused by a distracted driver, the Newport News car accident attorneys at Kalfus & Nachman can help you receive compensation for your damages. Our lawyers have handled many auto accident cases, and we will provide you with aggressive legal representation to help you receive what you deserve.
Please contact our Newport News car accident attorneys today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.
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Safe Halloween Tips from Kalfus & Nachman
Wednesday, October 14th, 2009
The Personal Injury Law Firm of Kalfus & Nachman located in Norfolk and Newport News, is teaming up with local organizations and police departments to distribute candy to ensure a safe Halloween for Hampton Roads.
Why? While Halloween is one of the most exciting times of the year, it is also the night when the number of pedestrian fatalities quadruple. Kids dress in dark costumes and wear masks that may make it hard for them to see. These costumes combined with the excitement of the festivities may lead to disaster. The USDOT reports:
** Fatal collisions between motor vehicles and young pedestrians (under 15 years of age) happen most frequently between 4 p.m. and 8 p.m. - during prime trick-or-treating time.
** 84% of deaths among young pedestrians occurred at non-intersection locations, primarily because children are more likely to dart across streets from mid-block.
Halloween is can also be dangerous because of the high number of parties being thrown that night. Of all the highway fatalities that take place on Halloween two-thirds of them are alcohol related.
Here are some safety driving tips from the folks at Kalfus & Nachman:
* Only use hands free devices for your cell phone while driving through neighborhoods so you will be less distracted while driving.
* Pay attention to the speed limit in residential neighborhoods. Pay attention to what’s happening on sidewalks and in the road. Watchout for children who may dart across streets, especially from between parked cars.
* Look around when pulling in and out of driveways.
* Do not assume children can see you. They most likely will not be paying attention. Be the adult and take that responsibility.
* Make sure to check that all lights on your car work before hitting the road.
* Do not try and pass other vehicles that have stopped in the roadway. They could be dropping off children or may be aware of other children in the road you can’t see.
* If you are driving a group of children, but remaining in the car, be sure to park at the curb and put on your hazard lights to alert other motorists.
* If you are driving to a Halloween party, wait till you are at your destination before putting a mask on. You don’t want to impair your vision.
Be careful this Halloween and don’t let your’s turn into a nightmare. Plan ahead and always designate a sober driver.
Also a few tips for parents to help drivers this Halloween:
* Make sure drivers are able to see your children. Give them flashlights or glow sticks. Pick out costumes that are bright and reflective, or add some reflective tape to their costumes.
* Instead of masks, have kids wear makeup. This will keep their vission clear and unobstructed allowing them to see their surroundings.
* Be sure children practice safe street crossing techniques: cross at the corner and look left, right and left again before crossing.
Have a safe and fun Halloween!
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Court Preserves the Plaintiff’s Right to a Jury
Wednesday, October 14th, 2009
Is a restaurant responsible for a motel fire accidently caused by a manager-in-training who was a guest at the motel while he was attending a training seminar? A federal court judge says it is a question for the jury.
The trainee hoped to become a manager for a restaurant. In the summer of 2005, the restaurant put him up at a motel in Danville so he could learn the restaurant business at the restaurant’s location next door. One morning while at the motel, the trainee woke up with a fire burning in his trash can and spreading to his bed. The motel alleges the fire ultimately did more that $300,000.00 in damages.
The motel claims the trainee threw a cigarette butt in the trash can, and the trainee says others had been smoking in his room and dumped an ash tray into the can. The restaurant claims that the trainee was going to be terminated on the same day the fire occurred, and as a result, should not be responsible for the fire in any event.
The restaurant asked a federal court judge to dismiss the case against the restaurant before trial, claiming that it is clear the scope of employment of the trainee did not include what the trainee did in the motel room. Not so fast, said the federal court judge, concluding that Virginia case law is not clear. In Virginia, one must consider the trainee’s motivation to serve the employer in doing what he was doing, whether the act was committed while the trainee was “on the clock,” whether the act was committed while on the employer’s premises, among other factors. Because the law is unclear, the plaintiff’s right to a jury trial should be preserved. The court then preserved the plaintiff’s right to put its case before a jury.
If you have suffered loss or damage as a result of another’s negligence, let the experienced attorneys of Kalfus & Nachman help you! Call us at once, and let’s start the wheels of justice rolling for you!
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Negligent Doctor Forced to Pay for His Carelessness
Tuesday, October 6th, 2009
A $1.8 Million medical malpractice claim was paid by an insurance company following a Newport News jury’s verdict that a doctor misdiagnosed a young woman’s heart condition.
The 25-year old woman went to the emergency room complaining about a shortness of breath five months after having a baby. The X-rays showed that she had an enlarged heart, as well as swelling in her legs and her electrocardiogram was abnormal. The doctor mis-diagnosed the victim with hepatitis based on her having a high count of liver enzymes.
Later, it was determined that she had a rare heart condition as a result of the childbirth. If the woman had been properly diagnosed, she could have been treated with medicine and would not have needed a transplant.
Experts hired by the insurance company that defended the negligent doctor testified that certain “tell-tale” signs of heart failure were missing, and so, in their opinion (for which they were compensated by the insurance company) they did not believe the doctor was negligent. After hearing evidence from both the victim and the doctor, the jury disagreed.
Upon deliberating for about three hours, the jury actually awarded $4 Million Dollars to the victim as fair compensation for past and future expenses and losses as a result of the doctor’s negligence. Factors taken into account included past and future medical expenses, lost earnings over a lifetime, and an amount to try to make right the degree of pain and suffering associated with the process.
Even though the jury weighed all these factors, the insurance company successfully had the award reduced. The insurance industry has successfully promoted a law in Virginia that limits (caps) damages for a doctor’s malpractice without regard to the victim’s unique circumstances. So the verdict was reduced to $1.8 million.
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Federal Government says Texting While Driving: a Major “No-No”
Monday, October 5th, 2009
At the conclusion of the Department of Transportation’s Distracted Driving Summit, Treasury Secretary Ray LaHood announced Thursday that the White House signed an executive order to ban federal employees from text messaging while behind the wheel while on government business, in federal vehicles or when using government equipment.
Southeast Virginia, with its many military installations, including Norfolk, Virginia Beach and Hampton, has many federal employees driving automobiles with the need to communicate on their cell phones. Blackberrys and IPhones. Auto accidents in Hampton Roads are always a concern for the Federal Government.
As first reported by ABC News, the White House played off the summit, signing the order Wednesday evening in what the secretary called a “big deal.”
“This order sends a very clear signal to the American public that distracted driving is dangerous and unacceptable,” LaHood told the 300 people gathered at the event and the thousands watching via webcast at home.” It shows that the federal government is leading by example. This is a very big deal.”
Earlier the federal government banned cell phone usage while driving automobiles on the military bases. It was determined that military employees, contractors and subcontractors were side skirting the ban by texting while driving on the base. It is known that distracted driving can sometimes be as dangerous and drinking and driving.
The administration made public the executive order on Thursday, which stated that given the government’s nearly 3 million civilian employees, it is its duty to “demonstrate leadership in reducing the dangers of text messaging while driving.”
“A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment will help save lives, reduce injuries, and set an example for State and local governments, private employers, and individual drivers,” read the release from the White House.
Tags: Auto Accident, cell phone, distracted driver, Drinking and Driving, federal government, Texting while driving
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