Articles Posted in Automobile Accidents

Earlier this month, an appellate court in California issued a written opinion in a personal injury case that required the court to discuss an issue that often arises in Virginia premises liability cases. The case involved a plaintiff who was injured while crossing the street from an off-site parking lot to the church that owned the lot. The court had to determine if the church could be held liable for the plaintiff’s injuries despite the fact that the accident occurred on a public street that was not controlled by the church.

The Facts of the Case

The plaintiff was a member of the defendant church. One evening, the plaintiff planned on attending an evening service at the church. He drove to the church and upon his arrival found that the church’s regular parking lot was full. A volunteer parking attendant directed the plaintiff to the church’s off-site parking lot across a five-lane road.

The plaintiff entered the off-site lot and parked his car. The parking lot was located mid-block, about 100 feet away from either intersection. The plaintiff exited the parking lot and, rather than walk over to the intersection to cross the street, crossed the street mid-block. As the plaintiff was crossing, he was struck by a passing motorist and seriously injured.

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When someone is injured in a Virginia car accident, they may pursue compensation for the injuries they sustained through a personal injury lawsuit. Depending on the type of accident and the relationship between the parties, there may be one or more defenses that can prevent the defendant from being found liable for the plaintiff’s injuries. One defense, called the “fireman’s rule,” is discussed in a recent appellate opinion involving a police officer who was injured in a car accident while responding to the scene of an accident.

The Facts of the Case

The plaintiff was on duty as a police officer when he received a radio call dispatching him to the scene of an accident where a motorist slid off the roadway, rolled, and ended up in a nearby field. The evidence presented showed that the motorist lost control of his vehicle when it encountered a patch of grass clippings. The clippings had been left behind when an employee of a nearby used car dealership mowed the grass and failed to clean up the clippings. A subsequent rain storm wet the clippings, which made a slick spot on the road.

As the plaintiff was responding to the scene, he encountered the area of the roadway with the wet grass clippings. The plaintiff lost control of his patrol car and ended up veering off the side of the road and into a tree, sustaining serious injuries as a result.

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Insurance companies are supposed to make life after a Virginia car accident easier, although in reality, that is not always the case. In too many cases, insurance companies look for ways to avoid paying out on an accident victim’s claim, leaving the accident victim without any real means of recovery.

Earlier this month, an appellate court in Alabama issued a written opinion in a car accident case that provides valuable insight to Virginia car accident victims. The case illustrates how difficult it can be to deal with an insurance company following a car accident – even a driver’s own insurance company.

The Facts of the Case

The plaintiff was involved in a car accident with another driver and sustained serious injuries as a result of the accident. Believing that the other driver was at fault for the accident, the plaintiff filed a personal injury lawsuit against the other driver as well as that driver’s insurance company. Since the plaintiff was unsure whether the other driver’s insurance limits would cover all of his expenses, the plaintiff also named his own insurance company in the lawsuit, citing his policy’s underinsured motorist provision.

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When a Virginia personal injury trial has concluded, and after the jury’s verdict has been rendered, the parties have an opportunity to file post-trial motions seeking relief for perceived errors that occurred during the trial. Most often, these post-trial motions seek to preserve certain rights for appeal or seek judgment as a matter of law on claims that were not established by the evidence. A recent product liability case illustrates the complex issues that may arise when arguing post-trial motions.

The Facts of the Case

The plaintiff owned a van manufactured by the defendant. One day, as the plaintiff was driving his sons and their fellow Boy Scouts home from a camping trip, the van rolled, and the plaintiff was paralyzed as a result. The plaintiff filed a product liability lawsuit against the van’s manufacturer, claiming that the van’s seatbelt mechanism was defective and that the manufacturer was negligent for failing to conduct safety testing on the mechanism.

The case proceeded to trial, where the jury rendered a verdict in favor of the plaintiff on only the claim regarding the manufacturer’s failure to conduct safety testing. However, despite the very serious nature of the plaintiff’s injuries, the jury awarded him only $1 million for past damages. No award was provided for future damages, despite evidence that the plaintiff will suffer from permanent paralysis for the rest of his life.

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Car insurance is mandatory in Virginia and should help injured accident victims get back on their feet after being involved in a serious Virginia car accident. However, the reality is that insurance companies are for-profit companies that view claims as “expenses” that should be minimized. Thus, in most cases, insurance companies will either deny an accident victim’s claim for compensation or offer a low-ball settlement figure in hopes of quickly resolving the matter in as inexpensive a way as possible.

Earlier this month, a Rhode Island court issued a written opinion in a personal injury case involving a good samaritan who was seriously injured when she exited her car in an attempt to assist another motorist who had just been involved in an accident. The case is a good example of how Virginia car accident victims may encounter difficulties when dealing with insurance companies, and how an attorney’s assistance may make a difference in whether an accident victim receives compensation for their injuries.

The Facts of the Case

The plaintiff was a passenger in a car being driven by a friend. The two were on their way to a grocery store and had pulled into a space in the store’s parking lot. After parking the car, the plaintiff and her friend got involved in a conversation and stayed in the car for a few minutes. During this conversation, the plaintiff heard a loud noise that turned out to be a car accident that had occurred on an adjacent street.

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Virginia courts see tens of thousands of cases each year. If each of these cases was presented to a jury, the court system would get bogged down, resulting in cases taking several years to be heard. Thus, Virginia courts only allow cases to be presented to a jury when there is an important and disputed fact that the jury must resolve. However, if the issues presented in a case are legal in nature, a judge can make the decision through a process called summary judgment.

Virginia’s Summary Judgment Standard

In Virginia, either party can move for summary judgment, asking the court to find in their favor without the necessity of going to trial. This can save considerable time and expense; however, summary judgment is only appropriate when there “is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In determining whether summary judgment is appropriate, a court will look at the parties’ pleadings and proffered evidence. A recent motorcycle accident case illustrates a situation in which an appellate court agreed with the lower court that summary judgment was appropriate.

The Facts of the Case

The plaintiff was the surviving wife of a man who was killed in a motorcycle accident. On the day of the accident, the motorcyclist was driving eastbound on the highway in the far-right lane of travel. The defendant pulled up to the intersection, heading northbound on a perpendicular street, and was waiting to make a left turn across the highway to head westbound.

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In Virginia personal injury trials, the presiding judge has the power to determine which evidence the jury can consider. In doing so, the judge must consult with the rules of evidence, which are passed by the state legislature. As a general rule, only evidence that is relevant to the case may be considered. However, not all relevant information is admissible.

Relevant evidence may be inadmissible for a number of reasons. For example, hearsay evidence is generally excluded. Similarly, evidence that is very prejudicial to one party may be excluded even if it is technically relevant. In a recent car accident case, the court was tasked with determining whether a defendant’s two prior convictions for driving under the influence were admissible.

The Facts of the Case

The plaintiff was on his way to work when he was involved in a head-on collision with another motorist, who was driving home from a bar. That driver was later determined to have a blood-alcohol content of .18, which is over twice the legal limit.

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All Virginia drivers are responsible for carrying a certain amount of auto insurance for their vehicle in case they are in an accident that results in bodily injury or property damage. Drivers must also have insurance coverage in the event that an uninsured or underinsured motorist causes a collision. However, having the necessary insurance coverage does not guarantee that the insurance company will settle any claim made against the policy. In fact, in too many cases insurance companies will deny coverage for medical treatment that was received in the immediate aftermath of a serious accident.

A recent case in front of a state appellate court illustrates one woman’s journey in getting an insurance company to cover the costs of the treatment she received in the hours after a car accident, caused by an uninsured motorist.

The Facts of the Case

The plaintiff in the case was a passenger in her mother’s car when it was struck by another driver who had run a stop sign. The plaintiff was transported to the hospital via ambulance and admitted to the emergency room. Once she was seen in the emergency room, she was then sent to the trauma center. She was discharged later that day with a cervical collar.

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Earlier this month, the Supreme Court of Virginia issued an opinion in a car accident case showing the importance of keeping thorough records in the wake of a car accident. The case involved a plaintiff who was injured in a minor car accident that the defendant admitted he caused. However, since the plaintiff was unable to present sufficient proof that her injuries were caused by the accident, she received no compensation.

The Facts of the Case

The plaintiff was stopped at a red light when she heard “something boom.” She looked up to notice that he car was creeping into the intersection. She was wearing her seatbelt at the time and applied her foot to the brake immediately, stopping the car before it entered the intersection. At no time did the plaintiff’s body come into contact with the steering wheel or dashboard. However, she “tensed up” upon impact.

After the accident, the plaintiff did not notice any bruising, cuts, or scrapes but requested to be taken to the hospital. At the hospital, she was seen and then shortly afterward released. The plaintiff claims to have gone to her primary care doctor’s office twice, complaining of pain in her shoulder and back, shortly after the accident, but she was unable to present proof of these visits. Ten months after the accident, she went to an orthopedic center, and she was diagnosed with a “partial tear around her bicep tendon and a labral tear.” Surgery was recommended and subsequently performed.

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