Virginia Beach Personal Injury Lawyer - injury lawyers

Italian Freight Train Derails, Then Explodes Due To Toxic Cargo – At Least Six Dead And 30 Injured

Rick Shapiro — Wed, 01 Jul 2009 19:41:02 GMT

At least six people died and more than 30 were injured when an Italian freight railroad train derailed and two cars filled with a dangerous gas exploded outside Rome, Italy in a Tuscan town called Viareggio. According to the AP, the derailed Italian freight train smashed one building and caused fire to break out over a large area.

This type of gas explosion on a freight train is remindful of the Graniteville South Carolina (SC) chlorine gas train/railroad derailment disaster. In that freight train disaster, the railroad train derailed due to a switch that was in the wrong position causing the train to derail spewing deadly chlorine gas over a small South Carolina town. The gas spewed and formed clouds and essentially poisoned the entire town of Graniteville, South Carolina, causing illness and injury to hundreds of residents. Our law firm represented dozens of residents with various personal injuries due to the chlorine gas contamination.

This new Italian train disaster highlights the fact that dangerous chemicals and gases are transported daily by railroads on a daily basis. Working for the railroad, and living near the railroad, exposes people to a lot of dangerous potential injuries or wrongful death. What type of safety measures can be taken?

For residents who are very close to a railroad track, it is hard to imagine that a train could derail and smash through one of your homes or apartments. Frankly, the only safety measure as far as being a resident of such a home or apartment is to have a kit in your home with a respirator or gas mask, and have handy all of the emergency rescue information for your area that directs what to do in case of such a disaster.

For railroad workers such as engineers, conductors or other transportation workers in the USA, it is important that workers require that management follow all state and federal regulations that govern the transportation of dangerous chemicals or gases. Railroad in the US are now required to have hazmat (hazardous materials) plans to deal with chemicals. For example, a full scale drill should be conducted by every railroad on a periodic basis so that workers are familiar with what steps to take in case of a hazardous or toxic spill of chemicals, gasses or dangerous substances. In other words, simply having a plan on the books is not going to prepare workers for such a real disaster.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more. Two of the firm's attorneys have served as chair of the railroad law section of the Amer. Ass'n For Justice.

Originally posted at InjuryBoard by Rick Shapiro

Mayor of Washington D.C. Agrees that The Metro Subway System Needs Repair and Improvement

John Cooper — Sun, 28 Jun 2009 00:53:00 GMT

The Mayor of Washington D.C., Adrian Fenty, has been reported saying that this week’s fatal collision of two Metro subway trains illustrates the need for officials who operate the system to upgrade and modernize the fleet.

According to Mayor Fenty safety investigators are still trying to figure out the cause of the crash that killed nine and injured 80 more. Fenty argued that there's no question that the issue of rail car safety is a valid one, conceding that they have to make some changes.

Additionally, Mayor Fenty said “we have to get rid of some of these cars that are not as crashworthy as they should be." He went on to mention that the District of Columbia ranks sixth among about 15 metropolitan areas with rapid transit systems and that improvements are in order.

The Mayor was quoted as saying "we can protect more people with stronger cars." It’s of importance to note that the system is operated jointly by the governments of the District of Columbia, Maryland and Virginia.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the Virginia Beach Injuryboard, Norfolk Injuryboard, and the Northeast North Carolina Injuryboard injury law blog as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by John Cooper

Texting And Driving: Cause of Crashes, Bans On the Way

Rick Shapiro — Sun, 07 Jun 2009 10:47:06 GMT

The new epidemic in Virginia, Carolina and every road and highway is the chronic texting multi-tasking car, truck or even bus driver. These texting drivers pose a risk of injury or death to other motorists. You’ve seen them on the highway, one hand on the steering wheel, the other on their phone, Blackberry or Palm Pilot scanning, and sometimes even, typing emails as they make their way through traffic. Or maybe you’ve been next to the novice driver in her late teens, fresh out of Driver’s Ed, texting her friends while attempting to drive, her license still hot off the DMV press. Though differing in their tasks, these types of drivers will inevitably cause the same unfortunate result, a crash.

Several states are considering banning texting, and in my home state of Virginia the ban takes effect during the summer of 2009. It is bound to save lives.

This is actualvideo footage of a texting bus driver

texting bus driver

and the texting bus driver's reaction after knowing the crash was caused by not paying full attention.

Lessons are learned the hard way sometimes. Try to use this as a lesson to avoid texting while driving. Wait till the red light or pull over.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro

Waving a Car or Truck Driver into a Highway Lane May Pin Civil Liability On A Driver for Any Injury or Death That Results

Rick Shapiro — Fri, 05 Jun 2009 14:35:00 GMT

Many of us have traveled on a busy highway and seen a car driver stopped in traffic waving a motorist into the highway even though several lanes may still be moving. Well, if you happen to wave a motorist affirmatively indicating that they should enter a highway, and then a major collision results, you could be held responsible for a part of the injury damages, at least in the State of New Jersey which has a specific motor vehicle regulation on this point. Even with a regulation, a car driver waving someone into traffic, which contributes to cause an injury, may be held civilly liable.

In a recent case, a truck driver waved a car driver into traffic just before it collided with a motorcyclist. That trucker was ordered to pay half of the $1.5 million in damages which was awarded in favor of the motorcycle operator who suffered serious injuries in the resulting collision. In the case in question there was a June 2006 crash where the truck driver waved into the highway another motor vehicle driver who was in a donut store parking lot. As the car driver crossed the highway his car collided with a motorcycle operator who then sustained a concussion, cracked five teeth and also suffered a permanent injury to his arm. Later the trucker denied he waved the car operator into traffic but the police officer had recorded a note that he had been told by the trucker that he had done so. Importantly, New Jersey has a state law which specifies that drivers may be held liable if they negligently wave others into the highway.

I have personally seen lanes stopped in both Norfolk or Virginia Beach, and crawled up to an area, and seen a driver vigorously waving another driver into the highway. Before you ever wave a driver into traffic or a highway, you ought to think twice and let them make the decision on their own. Particularly, if you are in one lane of traffic and there are other lanes of traffic that may not realize the driver will cut into their lane, waving a person through traffic is not a good idea, and may incur civil liability on a car driver.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

RNS

Originally posted at InjuryBoard by Rick Shapiro

Remain Aware of Swine Flu Symptoms and Take Necessary Precautions

Jim Lewis — Sat, 16 May 2009 12:35:00 GMT

The hysteria surrounding the H1N1 virus, commonly referred to as Swine Flu, has somewhat dissipated, but that does not mean the threat is gone. CNN reported on five new cases of the H1N1 virus in New York City schools on May 14, 2009 prompting Mayor Michael Bloomberg to close the schools.

As the proud father of two daughters, it’s heart breaking to hear about a child being stricken with an illness. The decision for Mayor Bloomberg to close down the schools in New York was prudent considering the potential for further spread of the virus. Also, speaking as an injury lawyer, it’s best to contain a potential volatile situation involving people’s health.

The threat of swine flu isn’t relegated to New York. WAVY.com reported three cases of Swine Flu in Hampton Roads. One of the cases involved a child in Norfolk, Virginia (VA). This brings the total number of Swine Flu cases in the state of Virginia (VA) up to 19.

In response to the concern over Swine Flu, the city of Virginia Beach created a special web page with general information regarding the outbreak of the virus and its existence in Virginia.

This isn’t the first time I’ve written about Swine Flu. Earlier this month I wrote about nine cases of Swine Flu in North Carolina (NC).

Here is some general information about Swine Flu that you need to know, including symptoms, according to The Centers for Disease Control and Prevention:

Swine flu symptoms in humans are similar to the symptoms of regular human seasonal influenza.

These symptoms include fever, lethargy, lack of appetite and coughing.

Other potential symptoms include runny nose, sore throat, nausea, vomiting and diarrhea.

Here’s what you can do to avoid catching Swine Flu, according to the CDC:

Cover your nose and mouth with a tissue when coughing or sneezing

Wash your hands regularly

If you feel ill, do not go into work or school and consult your doctor.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

Patchy Fog Is A Cause of Road Hazards and Serious Injuries-Precautions Are Necessary

Rick Shapiro — Wed, 13 May 2009 17:37:23 GMT

As an injury trial lawyer licensed over 20 years in the state of Virginia (VA) the sight of thick, patchy fog always worries me when thinking about other drivers on the road. On May 13, 2009 two school divisions on the Eastern Shore of Virginia (VA) were forced to postpone classes due to fog, according to The Virginian-Pilot.

Thick fog isn’t relegated to the Eastern Shore. It affects numerous locations, especially cities near the water such as Virginia Beach, Norfolk or Portsmouth, Virginia (VA). For example, a little over a year ago on April 25, 2008 a woman named Chasity Chenelle Anderson was killed driving west on Interstate I-64 in Norfolk, Virginia (VA) at Willoughby when the weather conditions included thick fog, according to The Virginian-Pilot.

The article stated limited visibility because of fog and increased traffic diverted from the Hampton Roads Bridge-Tunnel contributed to the Monitor-Merrimack accident, according to Sgt. Michelle Cotton, a police spokeswoman for Virginia (VA).

My colleague Randy Appleton, also a personal injury lawyer, wrote about the risk associated with fog, rain, or ice leading to car wrecks or death. Earlier, my partner John Cooper challenged us with this question: does Virginia law mandate that if you have your windshield wipers on, that you must have your lights on? Click here for the answer. All drivers must exercise a level of responsibility when driving in difficult weather conditions such as thick fog. But are the other car driver's taking precautions that they should?

In order to avoid a car wreck while driving in fog, it’s recommended you get off the road as soon as possible and wait until the fog dissipates. However, if this is not a viable option here are some essential safety tips provided by Smartmotorist.com:

Slow down. Many fog-related car wrecks and deaths occur because an individual was driving too fast and couldn't stop in time to avoid a collision.
Turn on your fog lights, and use low beams.
Use your defroster and windscreen wipers in foggy conditions to keep the windows clear.
Keep an eye on your speedometer and maintain a slow, constant speed.
Signal early.
When using your brakes, don't stomp on them. Brake steadily.

Originally posted at InjuryBoard by Rick Shapiro

13 month-old girl bitten by Pit Bull in Virginia Beach, Virginia

Emily Mapp Brannon — Mon, 04 May 2009 02:52:00 GMT

Friday evening, May 1, 2009 a 13 month-old girl was bitten on the head by a pit bull mix dog. News channel 13 reported that Virginia Beach, VA EMS transported the little girl to the local hospital via the Nightingale. According to police the girls injuries were not life threatening. Animal Control was called and is investigating the incident. The pit bull mix was the family’s pet.

Many dog bites happen with a family pet, it just so happens that this particular pet was a pit bull mix. Lately there has been much attention drawn in the Eastern Virginia and North Carolina area because of the pit bull attack and death to an Outer Banks, NC family's golden retriever. This was popular news because it fueled many comments from both supporters and those who feel a ban on pit bulls is necessary.

The incident on the Outer Banks happened in Kitty Hawk and many residents have prompted the local government to ban pit bull breeds. On the other hand, pit bull owners and advocates across the Outer Banks are speaking out on behalf of the breed stating that the fears against the dogs are unfounded.

No matter which side you choose to take concerning pit bulls there are precautionary measures that a family can take with any type of dog to insure safety for your children. The Animal Planet website has some great tips on keeping your children safe around dogs. Some of their tips are to always keep an eye on your dog when it is around your children. Adequate supervision is the parent’s responsibility. Never allow your child to tease your dog or bother it while the dog is sleeping or eating. Any dog should never be viewed as a toy but as an animal which may be unpredictable.

Originally posted at InjuryBoard by Emily Mapp Brannon

Three Best Reasons to Hire an Experienced Lawyer for Your Virginia Car Accident Claim

John Cooper — Thu, 15 Jan 2009 20:29:58 GMT

In my 20 years of handling automobile accident and insurance claims for injured persons in Virginia, I have come to realize the main reasons why a person should hire a specialized injury lawyer, if they or if someone in their family is seriously hurt in a car.

1. If you have an injury lawyer helping you with your case, that lawyer will likely pay for himself by increasing the amount of money that you walk away with at the end of the claim. Nearly all personal injury lawyers in Virginia work on a percentage basis so that you do not owe them anything unless and until they make a recovery on the case for you. A good lawyer should be able to more than pay for themselves in most situations by maximizing the amount of compensation you receive for the damages that you did not think of, like lost future wages or future prescription medication costs caused by the car wreck. Also, the personal injury lawyer should know enough about the rules of car insurance law to find sources of insurance monies that you probably were not aware of, like medical payments coverage or underinsured motorist coverage. As a veteran personal injury attorney, I pride myself on knowing how to get the most money available for my clients by being smart, knowledgeable and creative.

2. Once you hire the right attorney, you can focus on getting well and getting your life back to normal and not worry about insurance companies, lawsuits and the other inconveniences of a car accident claim. One of the best reasons to get a strong professional on your side in the vent that you have been seriously injured in a car wreck is so that you can put your energy where it is most needed. Whey you are dealing with a back injury, physical therapy, the prospect of surgery and lots of doctor visits for things like MRI tests, the last thing you need is to also be hassling with insurance claims adjusters on the phone or worrying about some bureaucratic process to make sure that your bills get properly paid. By hiring an experienced personal injury lawyer, you have the peace of mind of knowing that your automobile insurance claim for your injury is being properly handled and you can work on dealing with the physical pain and medical issues that inevitably happens when you are hurt in a car accident.

3. Balancing the scales of justice to be more fair to you is another critical reason to hire a personal injury attorney who you trust. The insurance company whether Nationwide, Allstate, GEICO or State Farm have their army of lawyers and claims representatives. If you try to work your case out directly with the insurance company without the benefits of having a lawyer of your own, you are risking letting them take advantage of you and your lack of power and information. It is much better to have someone on your side who has dealt with this before and does it day in, day out for a living so that you are protected. Why go into a negotiation on your claim with the insurance company without full information? You need the ability to call the insurer’s bluff. If they do not treat you fairly, you now have representation that is willing and able to go to court. Your best chance of getting full and fair compensation fast is to have equal information and power on your side, so that you know what your options are.

Originally posted at InjuryBoard by John Cooper

Personal Injury/Car Accident Law: What Insurance Companies Must Pay for Car Accident Damage, Rental Cars, Or In Cases of Total Loss of The Car

Rick Shapiro — Wed, 07 Jan 2009 08:14:26 GMT

Because our Virginia/Carolina personal injury law firm only practices injury law we field weekly phone calls from personal injury victims with questions about how claims adjusters with car insurance companies must compensate you for car property damage or cars totaled in car and truck accident cases, as well as rental car questions. (For answers about what compensation is allowed for personal injuries in a car accident, including a video explaining how a perfectly legal double or triple recovery of certain medical expenses is permissible, click here.)

Some of the common questions about car damage problems are:

How much does the insurance company owe me if my car is a total loss?

What must the claims adjuster pay for major body/property damage to my car?

How do I figure out full value for my totaled car?

Does the claims adjuster have to provide a rental car while my car is being repaired?

For the full and complete article, click here.

The article discusses that if a vehicle is a total loss, you must check the NADA value (www.NADA.com) to determine, at the month and year that your damage occurred, the retail value of your vehicle with its mileage, options and accessories. A second source to check the retail value of your vehicle, if damaged or totaled, is www.Edmunds.com , another site that allows you to enter the appropriate data. Note that the insurance company must pay the retail value, not the trade in or wholesale value.

In summary, our personal injury lawyers will assist any of our personal injury clients with information and guidance as to how to best handle damage to their car, total loss to your car, rental cars, and similar questions that arise while we are representing you for your personal injury claim whether in Virginia (VA), North/South Carolina (NC/SC), West Virginia (WV) or beyond.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The law firm's “main” website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects on our main law firm website.

Originally posted at InjuryBoard by Rick Shapiro

A Set of Railroad Industry Standards Unfamiliar to Most Railroad Injury Lawyers

Rick Shapiro — Wed, 03 Dec 2008 11:00:27 GMT

Most of the attorneys practicing railroad personal injury or wrongful death law have heard of the Geneva Convention, which resulted from efforts of the ILO. However, many railroad attorneys and even consumers in the United States do not realize that the International Labour office (ILO) continues to set industrial safety standards including standards in railroad industrial settings, and is one of the oldest international organizations setting such industry standards, existing since 1919. ( www.ILO.org ). Since 1919, the International Labour Organization states that it “has maintained and developed a system of international labour standards aimed at promoting opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and dignity.” The ILO representatives meet and develop standards called “Conventions” and the most notable is the “Geneva Convention” relating to torture, of course. When a Convention of the ILO is ratified in the USA, it has the force and effect of a treaty, which is actually equal to or superior to federal law, but trumps state law. The ILO also develops “Model Codes” and this article pertains mainly to such Codes.

Even if an ILO convention is not ratified in the USA, the conventions and the standards are influential industry standards affecting an industry, and there are a number of standards applying to railroads. (E.g., C-153 covers hours of service, including railroads, and has been ratified by 9 nations, not including the USA). Many other “conventions” touch on railroad practices, though not ratified in the USA. The ILO website allows a search for “conventions” to see a list of all ILO conventions. This link goes to the master convention index: http://www.ilo.org/ilolex/english/convdisp1.htm .

Of pertinence to the rail industry and of relevance to cases involving personal injuries to railroad workers or other persons working near railroads, is an ILO publication called the “Model Code of Safety Regulations for Industrial Establishments, for the Guidance of Governments and Industry”, published since at least 1954, with 1956 amendments, based on meetings that began in Geneva in 1948. There are numerous standards in effect covering many aspects of railroad operations, including at industrial tracks, as well as standards pertaining to locomotives, cranes, industrial settings, etc. Railways/railroads are just one portion of the 600 plus page Model Code.

For example Regulation 156 involves locomotive cranes and has various standards.

There is a provision 157 relating to railway cranes.

Regulation 176 provides definitions relating to plant railways, including boxcars, locomotives, gondola cars, hopper cars and so forth. There are regulations covering switch stands, clearances, railroad crossings, the manner in which tracks pass near industrial loading areas and so forth.

Regulation 178 applies to locomotives, 179 covers railway cars, and there are detailed regulations under regulation 180 relating to the operation and maintenance of plant railways covering railroad tracks, the movement of cars, loading and unloading, and similar.

A practitioner handling Federal Employers Liability Act cases, or cases involving negligence liability involving railway tracks or industrial situations involving movement of train cars, should review the ILO standards, or have their railroad operations expert review these standards, as they are another category of “industry standards” that can apply in a case involving a railroad accident, derailment or injury.

A search of ILO publications, including the Model Code mentioned above can be initiated online at:

http://labordoc.ilo.org

Originally posted at InjuryBoard by Rick Shapiro