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Virginia Auto Accident Victims Rights When Driver at Fault Has No Liabilty Insurance

Virginia drivers injured in auto accidents should look to their own insurance policies when the driver at fault has no liability insurance coverage, or too little insurance coverage, to pay damages.

Virginia Uninsured (UM) and Underinsured Motorist (UIM) Auto Insurance Coverages

Richmond, Virginia auto accident attorney Tony Stelly explains how Virignia motorists can protect themselves against catastrophic costs if they are injured in an accident and the party at fault has little or no liability insurance to fully compensate them.

Virginia Drivers "Texting" Subject to Fines Come July 1, 2009

On July 1, 2009, it will be illegal to text using a cellular device when operating a motor vehicle on Virginia highways. Code section 46.2-1078.1 goes into effect then, and anyone convicted faces a $20.00 fine and court costs; a second offense enhances the fine to $50.00. Virginia joins 11 other states and the District of Columbia which have enacted laws banning "texting" in the driver's seat.

Hopefully, enactment of the "no texting" law will reduce the number of traffic accidents and fatalities on I-95, I-64 and I-295, in and around Richmond. Driver inattention is the leading factor in most crashes and near-crashes, according to a 2006 study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event.  

In a Fox News article by Joshua Rhett Miller, published  May 11, 2009, transportation officials expressed concern that texting remains a "serious issue" on the nation's roadways, and transportation systems. Recently, a Boston area trolley operator failed to see a red light while reportedly sending his girlfriend a text message and smashed into the back of another trolley, injuring 50 people.

"For every two seconds a driver's eyes are off the road, a motorist is twice as likely to be involved in a crash, said Troy Green, national spokesman for AAA. "Texting while driving ... requires your full attention and leaves no room for distraction," Green said. "You'd have to be foolish at best and delusional at worst to think you can send and receive text messages while operating a motor vehicle effectively and safely....We believe that's something that should be banned."

Texting and cell phone use have been blamed for numerous deadly crashes in the past few years, including:

Nov. 20, 2008

Aug. 6, 2008

Jan. 3, 2008: Stephanie Phillips, 37, and Heather Hurd, 26, were killed when a trucker reportedly distracted by text-messaging on his cell phone crashed into their car along U.S. 27 in Florida.

Aug. 13, 2007:

June 28, 2007

April 26, 2007

March 18, 2007: Sela Anne Kalama, 19, was charged with two counts of involuntary manslaughter after she reportedly drove off the end of a road and into the Elwha River in Washington. Vanna Francis, 17, and Ronnie Scroggins, 15, were killed in the crash. Kalama and four others swam to shore and suffered only minor injuries.

Dec. 20, 2006

June 18, 2006

May 29, 2006

 

 

: Jessalyn Sanders, 6, was struck and killed by a truck as she crossed a street near her home in Tulsa, Okla. The driver of the truck, Justin Pearsall, reportedly told police he had reached down to answer his cell phone and did not see the girl.: Karyn "Nikki" Cordell, 22, and her unborn child die in a crash in Deerfield Township, Ohio. Cordell's 1998 Chevrolet Cavalier was slammed head-on by a 2004 Ford Explorer driven by 16-year-old Alexander Manocchio, who was allegedly reaching for a ringing cell phone at the time of the wreck.: Brittanie Montgomery, a 19-year-old dancer for the NBA's New Orleans Hornets, died in a crash in Oklahoma City while reportedly using her cell phone as she drove to practice.: Eight people were killed when a semi trailer driven by Leonardo Cooksey, 32, slammed into stopped traffic on the Indiana Toll Road. Cooksey, of Mount Prospect, Ill., told state police that he was distracted when his cell phone beeped, indicating the battery was low.: Text messages were sent and received on the cell phone of Bailey Goodman, 17, moments before her sport-utility vehicle slammed head-on into a truck, killing her and four other recent high school graduates in upstate New York. Ashley D. Miller, 18, of Glendale, Ariz., and Stacey Stubbs, 40, of Chino Valley, Ariz., die in a crash after Miller reportedly drifted across the center line because she was text-messaging on her cell phone.: Janet Indermuehle, 48, was reportedly speeding and using her cell phone while driving as she lost control of her car and crashed near Mount Horeb, Wis. Indermuehle, her 15-year-old son Daniel, and a 14-year-old passenger, Tiffany Kastner, were killed in the wreck.: Stephanie Phelps, 16, and her 4-month-old daughter, Katherine Pulsifer, were killed when the young mother, who was talking her cell phone, ran a red light and crashed into cement truck in Amarillo, Texas.

When Applying For Auto Insurance Be Completely Honest or Risk Having No Coverage When You Need It

Auto insurance policies are contracts formed between a company that is willing to risk that the policyholder (and other policy holders) will pay out more in premiums than the company will have to make in payouts because of accidents the insured may be responsible for during the term of the policy.  One of the more important aspects the company considers before issuing a policy and establishing the cost of the premium is the previous driving record of the insured, and others who may be operating vehicles insured under the policy. Most policy applications ask the applicant to state who, besides himself or herself, resides in the household and may be operating the vehicle(s) to be insured, so that their driving records may be checked.

But what happens when the applicant / insured of the policy has neglected to accurately list the people who reside in his household, and one of those persons has caused an accident? Must the company pay the under the terms of the policy?

A recent decision in the Virginia Supreme Court said no. In the case of Portillo v. Nationwide Mutual Fire Ins. Co., the Court said the applicant’s failure to list a 21 year old nephew who resided with him as a household resident in the application was a material misstatement of fact that voided the policy. Therefore, when the nephew caused an accident, Nationwide did not have to pay the claim or defend the case.

Richmond Accident Attorney: Weather Factors Into Interstate Highway Accidents

Teenagers and the elderly are often thought of as the most prone to having vehicle accidents. However, that is not necessarily so. Inexperience or slowed reflexes many times do factor in car crashes, but Virginia State Police statistics disclose that the drivers in more than half the accidents reported every year are in the "prime of life."

Even highly trained and experienced drivers get involved in traffic accidents on Virginia's interstate highways, especially those that are heavily traveled and often congested, such as I-95, I-295, and I-64 in and around Richmond. Especially when the weather is foul, obstructing visibility and lessening traction and control. This is what happened recently in Southwest Virginia when a State Police Trooper ran into the rear of a tractor trailer while responding to an accident on I-81 when his car hit a patch of standing water and hydroplaned. Though his "gray and blue" was totaled, the Trooper fortunately escaped with non-life threatening injuries.

Veteran accident attorneys know you cannot prevent every accident, but you can alter your driving in inclement weather to reduce the odds you may be a victim by doing the following: reduce your speed; increase the distance between your car and the one ahead of you; use your rear and side view mirrors to monitor where other cars are located in case you have to act suddenly; and don't let yourself be distracted by cell phones, smoking or day-dreaming.

Exercise Care on Virginia's I-95 Near Richmond

Many Virginia attorneys who litigate highway accident claims already know this: work on overpasses and other highway construction can contribute to auto accidents on Virginia highways, and even result in fatalities, especially when they are congested and speed limits are higher. Heavy traffic volume, including cross-country tractor trailers and semis, especially along I-95, I-64, and I-295 in and around Richmond, shorten the time between necessary repairs, and those VDOT crews have to block one or more lanes of traffic to get the work done safely.

Recently, VDOT attributed one multi-car collision involving a tractor trailer on I-95 near Richmond to work it was performing on an overpass. One person died at the scene in that accident.

Be careful when traveling these roadways for your own safety, and that of your family.

Virginia Accident Attorney Warns Against Rubber- Necking

Rubber-necking is dangerous, especially on Virginia's congested and bumpy interstates around Richmond. Among the most frequent causes of traffic accidents in Virginia in 2006 and 2007 was "driver distraction," according to reports of the Virginia State Police. Virginia accident attorneys know this, especially if they have been practicing long enough.

If you travel frequently on I-95, I-64, or I-295 in and aroound Richmond you will regularly see a crash or two. And if you are like most folks, you will slow down to get a better look as you pass the scene. But that is not the thing to do. You could be setting yourself up for involvement in a potentially fatal accident of your own. This happen just a few months ago on I-95.

A fiery crash along Interstate 95 in Prince George County in Virginia left person one dead, seven injured and snarled traffic for miles. State Police Sgt. Tom Cunningham said the Monday morning crash closed both northbound and southbound lanes of the highway.

Cunningham said the mess began when a car blew a tire and pulled off into the median. He said motorists in the southbound lane slowed to look at the disabled vehicle and a tractor trailer hauling sand plowed into several of the vehicles.

Richmond Virginia Accident Lawyer Urges Reporting Speeding Police and State Troopers

Virginia lawyers who litigate traffic accidents see all kinds of quirky things. Even pillars of the community get carried away when behind the wheel and do things they ordinarily would not do -- and get carried away to the hospital!

A few weeks ago this happened to two volunteer fire fighters in Spotsylvania County, Virginia. They were responding to a house fire shortly after midnight near Route 1 when their truck crossed the double yellow line and crashed into an embankment. Both were injured and had to be transported to the hospital in Fredericks burg.

Thankfully, neither firefighter was killed, but the investigating officer charged the driver with failing to keep proper control of his vehicle. Essentially, the fireman was speeding. But how many times have you seen a police cruiser racing along the highway without its lights flashing or siren on? How many times when traveling on I-95, I-64, or I-295 have you seen a state police blue and gray zoom past your car and the trooper did not have his car's lights flashing or siren on to alert you? Does the badge excuse these acts? Never!!

Those flashing lights and wailing sirens are on police cars to WARN other drivers and pedestrians that a fast moving car is nearby. Moreover, that it is a police car engaged in serious or life-threating mission. Regulations of virtually every police department in the country require officers to use the "lights and siren" when they have to exceed the posted speed limit. It is a safety measure to protect the public and the officer.

With good reason. More than 20% of the auto accidents that occur in Virginia each year are caused by "driver distraction" (or inattention), and another 10% are caused by excessive speed. Therefore, a third of the accidents occurring statewide in Virginia are caused by these two things careless law officers do from time to time. This needs to be stopped, or at least controlled.

Next time you see a police officer speeding without "lights and siren," take down the information from his car, and report him to his agency. Police supervisors need to know when their officers are breaking the law in this manner because, whether they realize it or not, these people are endangering the lives of the people they are charged to serve and protect.

 

 

Play the Odds to Survive Traveling on Richmond's I-95

The Virginia State Police (VSP) statistics for traffic accidents the past two reporting years illustrate some interesting facts about auto accidents in the Commonwealth in 2006 and 2007. Since Interstate 95 in and around Richmond becomes highly congested at times with travelers coming and going to from the far north and the the far south, to places in between, as well as local traffic to downtown Richmond, knowledge of the VSP factoids can help drivers be alert to the causes and take action themselves to avoid becoming a traffic fatality or injury statistic.

Surprisingly, for both years, drivers impaired by alcohol were involved in traffic accidents surprisingly little. Less than 3 percent of the drivers involved in auto accidents reported in each year involved were drunk.

Almost half (47%) of the accidents were merely that --- accidents --- involving no moving violations being issued to any of the drivers involved. However, 11 percent of the accidents involved one driver being cited for following too close, and over 8 percent involved drivers cited for failing to yield the right of way.

Accordingly, when traveling I-95, maintain a safe distance between your car and those in front and behind you. Be alert to cars changing lanes and yield to those entering or trying to exit their lane or the highway.

Illegal Immigrant Gets 10 Years for Killing Two With Truck While Drunk

Believe you have enough Uninsured/Underinsured Motorist  insurance on your auto policy to take care of your family if the worst happens to you, and the other driver has minimal or no liability coverage. Consider this unfortunate situation before you think, "Yes."

An illegal immigrant was sentenced December 9th to 10 years in prison for killing two people when he wrecked a truck while driving drunk in South Richmond.

After Richmond City prosecutors agreed to drop felony leaving the scene of an accident and DUI charges against the Mexican national, Carmen Alejandro Garcia-Hernandez, 30, pleaded guilty on October 9 to two counts of aggravated involuntary manslaughter in the deaths of Kathryn L. Jones, 44, and Joseph Owens, 40. The victims were standing between two parked cars outside a residence following a housewarming party last May when a truck operated by Garcia-Hernandez left the roadway and struck one parked car, crushing Jones and Owens between it and another parked car. His BAC two hours after the crash was more than twice the legal limit.

Richmond Circuit Court Judge Bradley B. Cavedo sentenced Garcia-Hernandez to 10 years on each of the manslaughter counts, with five years suspended on each. Garcia-Hernandez's attorney reported federal immigration authorities have notified Virginia officials of their intent to take Garcia-Hernandez into custody and likely deport him to Mexico once his state prison term is finished.

 

Virginia Auto Accident Victims: Protecting Yourself From Financial Hardship

Travel on Virginia highways and interstates is usually safe, but occasionally there are accidents. Serious accidents occur regularly on I-95, I-295 and I-64 resulting in fatalities and serious injuries. Many times drivers causing these accidents do not have insurance, or do not have enough insurance coverage to satisfy a judgment the injured parties may later bring. Virginia personal injury attorney Tony Stelly explains ways you can protect your family against financial hardships before you are injured in an auto accident by getting the right insurance in adequate amounts.