Virginia Beach Personal Injury Lawyer

Fatal Virginia Beach (VA) accident raises questions about minivans

John Cooper — Sat, 21 Nov 2009 16:36:31 GMT

The unfortunate accidental death of Virginia Beach grandmother Scarlet A. Harvell has raised important questions about the safety mechanisms automakers build into vehicles.

Harvell, 54, was unloading groceries from the minivan Monday afternoon when one of her young grandchildren apparently climbed behind the wheel and put the van into gear, WVEC-TV reported.

The van rolled backwards, The Virginian-Pilot reported, with an open door striking Harvell and knocking her down. She suffered a serious head injury and died at an area hospital Tuesday evening.

Virginia Beach police are still investigating the crash, and authorities have not released the make, model or year of the minivan.

But 221 people died in 2007 when they were struck by autos in reverse, The New York Times reported in April. About 14,000 people were hurt in the same period, The Times said, citing the National Highway Traffic Safety Administration.

Not all automobiles come with a brake transmission safety interlock (BTSI). This safety mechanism requires the driver to apply pressure to the brakes before the auto can be shifted into gear.

Since most children cannot reach the brake pedal, this means they cannot put a vehicle into gear simply by moving the transmission lever.

ABC News reported in 2006 that Chrysler minivans – Chrysler also manufactures the Plymouth brand – do not have the brake transmission safety interlock.

"They advertise it for families," Joan Claybrook, a consumer advocate, told ABC. "And yet it's a killer vehicle. This vehicle can kill people inadvertently."

The NHTSA has this advice to avoid accidental vehicle rollaway:

– Teach children not to play in or around autos

– Supervise children carefully in and around autos

– Lock the auto when left unattended

– Never leave keys in the car

– Always activate your emergency brake when you park

– Check whether your vehicle has a brake transmission safety interlock.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by John Cooper

$4 million study planned for Virginia Beach auto crashes

Jim Lewis — Fri, 20 Nov 2009 21:54:43 GMT

A team of researchers studying the role of drugs in automobile crashes will hit the streets of Virginia Beach in 2010 to quiz – and potentially draw blood from – drivers involved in traffic accidents, The Virginian-Pilot reported Friday.

The researchers are from the Pacific Institute for Research and Evaluation, which bills itself on its Web site as “one of the nation’s preeminent independent nonprofit public health organization.”

Their goal is to learn how using drugs – over-the-counter, prescription, and illegal – plays a role in whether or not the driver gets into a crash.

The study is expected to involve 2,500 drivers who are in crashes and another 5,000 drivers not in crashes. It’s not clear how those 5,000 non-crash drivers will be selected.

To reach drivers involved in crashes, researchers will ride with off-duty police officers – paid by the institute – to crash scenes. Officers will introduce researchers to people involved in crashes. Participation is voluntary, the newspaper said.

“Not only is it conducting the valuable research that will be used nationwide and for many years to come, but also it’s supplementing our workforce,” Virginia Beach Police Department Sgt. Scott Wichtendahl told the Pilot. “The ramifications of it are astronomical.”

According to the Virginia Beach Police Department, drugs or alcohol were involved in 7 percent of the city’s 9,021 auto crashes in 2008.

Of 49 fatal crashes in 2008 and so far in 2009, 27 – more than half – involved drugs or alcohol.

The study will cost about $4 million.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Charges filed in bicycling death of Virginia Beach (VA) physician

Emily Mapp Brannon — Thu, 19 Nov 2009 23:11:26 GMT

Almost three months after Virginia Beach physician Joseph Mirenda was struck and killed while bicycling near Harrisonburg, the driver who killed him has been charged with a crime.

Jessica Chandler, 22, was charged with reckless driving, according to The Breeze, the student newspaper at James Madison University in Harrisonburg.

Mirenda was biking 50 miles from Wintergreen to Harrisonburg to visit his son at JMU, The Virginian-Pilot reported at the time.

Mirenda was south of Harrisonburg when he was struck from behind at around 10:45 a.m. on Aug. 24.

Chandler, of nearby Port Republic, was driving the Ford Taurus that hit Mirenda on Port Republic Road.

Mirenda’s son told The Breeze that he didn’t want Chandler charged with a more serious crime.

“I’m glad she didn’t get a felony or anything like that,” Mirenda said to the newspaper. “She’s already going through a lot, and she obviously didn’t do it on purpose.”

His viewpoint is influenced by his father’s outlook, he said.

“Just trying to imagine being in the driver’s standpoint,” Mirenda said, “I wouldn’t be able to live with myself.”

The fatal crash is a reminder for drivers to take care when operating their vehicle around bicyclists. The Virginia Department of Motor Vehicles directs drivers in rural areas to keep an extra watch for out-of-the-ordinary vehicles like trucks, oversize and slow-moving farm vehicles and bicycles.

Police looked at Chandler’s cell phone records to determine if she had been texting or talking on the phone at the time of the incident,” The Breeze reported, “which could have resulted in a more serious charge.”

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia Beach, Portsmouth Ban Solicitations in Medians at Busy Intersections

Rick Shapiro — Thu, 12 Nov 2009 08:24:00 GMT

Portsmouth City Council last night followed the lead of their Virginia Beach counterparts in imposing a ban on fundraising and other solicitations by individuals standing in the medians of busy intersections. The move, reports the Virginian-Pilot, was prompted by safety concerns and what "Portsmouth police estimated (to be) a tenfold increase in the number of solicitors" at intersections since the start of 2009.

Encouragingly, Hampton Roads cities are enacting bans on in-median solicitations even though the region already does a relatively good job of protecting pedestrians. The independent Transportation for America and the Surface Transportation Policy Partnership just reported in Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths that, taken together, Virginia Beach, Norfolk and Newport News ranked in the top fifteen of the safest U.S. regions for pedestrians.

The report, whose findings were highlighted in the Nov. 10 Virginian-Pilot, also noted that 39 people were killed while walking or standing along Tidewater roadways during 2007 and 2008. Statewide, Virginia saw 286 pedestrian fatalities during the reporting period.

So, obviously, much work remains to be done to keep pedestrians safe. City Council members in Virginia Beach and Portsmouth have taken important steps in keeping people out of harm's way by banning solicitations in traffic medians and at red lights. Despite these new restrictions, though, pedestrians and drivers will still need to take responsibility for avoiding accidents.

My colleague John Cooper posted an excellent list of rules for pedestrians on this blog a few days ago. I will take this opportunity to offer the following advice to drivers:

Check for pedestrians or bicyclists on all corners when approaching an intersection or parking lot.
Stop behind and in front of any bus taking on or letting off passengers, especially school children.
Do not block crosswalks when stopping at red lights or stop signs; blocking a crosswalk can force pedestrians and bicyclists to veer into the path of on-coming traffic.
Understand that people in a crosswalk always have the right of way.
Do not speed.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Hospital sanctioned for serious surgical errors

John Cooper — Wed, 11 Nov 2009 17:40:26 GMT

A Rhode Island hospital is expected to pay $150,000 in fines after a surgeon operated on the wrong part of the body – not for the first time.

Rhode Island Hospital in Providence is the only hospital in the state to receive such fines, The Associated Press reported recently.

Surgeons were to have operated on two fingers belonging to the same patient, The AP reported. Instead, “both operations were performed on the same finger.”

The hospital was directed to install surveillance cameras in all of its operating rooms by David Gifford, Rhode Island’s health director.

The move after a pattern of conduct emerged at Rhode Island Hospital, the teaching hospital for Brown University’s Alpert Medical Center. In 2007, three patients had brain operations – but surgeons operated on the wrong part of the brain.

The hospital’s chief executive officer, Timothy Babineau, said in a statement that “the hospital was committed to reducing medical errors and had been taking steps to improve patient safety.”

According to the AP, standard surgical procedures were not followed – the finger to be operated on was not marked ahead of time, and surgeons did not stop to double-check that they were operating in the right place.

“Under protocols adopted in the medical field, the surgery site should have been marked and the surgical team should have taken a timeout before cutting to ensure they were operating on the right patient, the right part of the patient's body and doing the correct procedure, the AP said.

(MM)

Originally posted at InjuryBoard by John Cooper

Three People Injured After Virginia Beach Plane Crashes in South Carolina

Jim Lewis — Tue, 10 Nov 2009 09:59:48 GMT

A multi-engine Beechcraft B200 King Air airplane crashed before arriving at the runway of Greenville-Spartanburg International Airport in South Carolina (SC). Three people were injured including the pilot and two individuals employed by Stevens Aviation, according to The Virginian-Pilot.

The pilot was employed by MTDR Holdings LLC, a Virginia Beach company which the airplane is registered with.

We dont know how badly the three men were injured, but I hope they pull through. As a licensed pilot, Ive always worried about the risk of a bad landing turning into a bad accident. Its terrible to hear when this scenario comes to fruition.

We know the plane hit a guardrail while trying to land, but further details regarding the accident havent been released. Well have to wait and see what the Federal Aviation Administration has to say in their accident report.

This isnt the first time this model airplane was involved in an aviation accident. Back in September a B200 crashed at Hayward Airport in California.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

John Cooper — Fri, 06 Nov 2009 15:52:25 GMT

When a pedestrian gets hit by a car or truck, the injuries are typically quite severe, including broken bones or even the death of the pedestrian. The pedestrian has the right of way in Virginia if they are inside of the cross walk. If you have to cross anywhere other than an intersection, then the duties on the pedestrian include going across the road in the most direct manner.

Here are some tips to try to avoid being hit by a car as you are walking:

-Make eye-contact with the drivers of oncoming cars, to make sure they see you.

-Follow the age-old advice of "looking both ways before crossing the street."

- Avoid distractions, like talking or texting on your cell phone, or listening to music. You might not notice a car barreling towards you if you are distracted by other things.

- Always watch for traffic, especially cars turning the corner, while you are in the road.

-If you are walking on the side of a street that does not have sidewalks, walk facing the traffic, so that you can see what is coming towards you.

-Never walk behind a vehicle that is backing up. You could be in their blind spot.

-If you are walking at night, try to wear bright colors or reflective clothing.

-If you see a "DO NOT WALK" signal, then you should not walk.

-Always make sure that any children in your care are safely accounted for, and preferably holding on to your hand as you cross the street.

Follow these simple safety tips, and you can improve the odds that you and your loved ones stay safe while crossing the street.

Originally posted at InjuryBoard by John Cooper

One Dead, Three Injured in Virginia Beach Car Accident

John Cooper — Wed, 04 Nov 2009 13:19:42 GMT

The driver of a 2006 Toyota Scion was traveling along Indian River Road in Virginia Beach, Virginia (VA) when tragedy struck. The driver turned too quickly around a curve, overcorrected, and wound up in the opposite lane hitting a Honda Odyssey in a head-on collision, according to WAVY.com.

There were three people in the Honda Odyssey – a wife, husband, and their daughter – all of whom sustained injuries from the car accident. What a nightmare to have a car coming at you the wrong way, in your lane! There is nothing the parent/driver could do, once the other driver made the grave mistake behind the wheel which set the collision sequence in motion.

This terrible incident reminds us how important it is to reduce our speed when making sharp turns around curves on the road.

Originally posted at InjuryBoard by John Cooper

Virginia Beach mom dies in Chesapeake crash

Jim Lewis — Tue, 03 Nov 2009 12:30:41 GMT

Katie Young – a Virginia Beach wife and mother of two – died Friday night when the car she was riding in collided with a second auto at Mount Pleasant Road and Stadium Drive in Chesapeake.

The death of Young, 29, is particularly tragic – a national newspaper wrote two days before her death about how her family was dealing with her recent diagnosis of Crohn’s disease.

The Young family has my deepest sympathies. They are bearing a burden no family should ever have to.

Young was a passenger in a Honda that was traveling on Stadium Drive in Chesapeake when it crossed Mount Pleasant Road. A Buick headed east on Mount Pleasant collided with the Honda, and Young was thrown clear by the force of the impact, The Virginian-Pilot reported.

Police have not yet identified the driver of either auto, and no charges have yet been announced.

The crash happened just after 11 p.m. Friday near Colon Hall Stadium and Great Bridge Middle School.

Young lived in the 3900 block of Rainbow Drive in Virginia Beach, the newspaper said. She was married to Justin Young and they had two children together: Justin, 8, and Madison, 5.

Young’s husband had recently restarted his music career – songs and more at justinyoung.com – to help pay medical bills for his wife’s Crohn’s disease.

"You look at the trials that happen in your life and say, OK, why am I going through this? What am I supposed to learn from this? Let's learn this and move on,” Justin Young told the Mormon Times before the crash. “That's how we're looking at it."

Originally posted at InjuryBoard by Jim Lewis

Pedestrian signs erected in Virginia Beach (VA) after pedestrian's death

Jim Lewis — Tue, 03 Nov 2009 08:57:08 GMT

A week after pedestrian Arnold Lee Jones was killed in a tragic accident on Shore Drive in Virginia Beach, city officials have erected pedestrian signs on the busy road.

Eight signs have been installed on the 1.5-mile stretch of Shore Drive from First Landing State Park west to the Lesner Bridge, WAVY-TV reports.

The much-needed improvements come after Jones’s death at the hands of a driver who is known to police but who hasn’t been publicly identified or charged.

The crash, on Oct. 21, comes less than six months after the victim’s younger brother Isiah Jones was senselessly shot to death at Lynnhaven Crossing Shopping Center in Virginia Beach. My genuine condolences go out to the family.

Arnold Lee Jones, 21, lived in the 3700 block of Dupont Circle in Virginia Beach, The Virginian-Pilot reported. He was struck by someone driving a 2001 Toyota Spyder MR2 sports car.

Jones, who was struck in the 2900 block of Shore Drive – about a mile and a half from home – and suffered severe head injuries, WAVY reported. He died at an area hospital two days later.

Jones, known as “Dobbie,” was a student at Tidewater Community College and also coached at Fame All-Star Cheerleading, according to his obituary published in The Pilot. Jones was born Dec. 31, 1987 in Oakland, Calif.

"We're hoping to alert the motoring public to watch for pedestrians crossing mid-block, especially mid-block, and also a campaign to slow down and watch for pedestrians crossing,” city traffic engineer Mike Shahsiah told WAVY. “It's all for traffic safety."

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Jim Lewis