Articles Posted in Personal Injury

A Virginia wrongful death claim involving the death of a bicyclist was recently settled by the attorneys of Pierce & Thornton. The facts of the case involve an experienced bicyclist who rented a bicycle while in town for a religious conference. As she approached an intersection at a high rate of speed, according to the sole eyewitness who was standing on the sidewalk, the witness observed the bicyclist (operating in a designated bicycle lane) wobble, re-gain control and veer toward the curb before her body “hurtled” from the bike and fell into the street. As she fell, a dump truck that was executing a right hand turn ran over the bicyclist. In the days following the events, the witness posted on a blog that the dump truck driver had done nothing wrong and was not responsible for the bicyclist’s death.

The dump truck driver testified that he had signaled well in advance of the turn as he was descending a hill and approaching the turn. The fatality crash team investigation of the dump truck revealed that the turn signals were inoperable. The driver, at the scene, claimed that the turn signals had been operational, and that he must have caught the wiring (which was located under the steering column) with his leg as he exited the truck after being waved down by the eyewitness. The driver pointed this out at the scene and when the wiring was re-connected, the signals were again operational. The driver also testified that he never saw the bicyclist as he approached the intersection and that she must therefore have been overtaking him at a high speed in the seconds before the turn.

The investigating officers concluded that a bicycle skid mark that measured approximately 62.5 feet had been made by the bicyclist, and performed skid testing to conclude that the bicyclist’s speed was approximately 25-34 mph prior to her braking. The investigation also found that a rub mark on the curb was made by the bicyclist before she lost control and fell from the bicycle under the right rear tandems of the truck. The case turned on defendant’s failure to maintain a proper lookout and failure to signal due to defective equipment versus a contributory negligence defense based on the eyewitness’ account that the bicyclist was traveling very fast and had lost control well before the intersection and before the truck started to turn. The case resolved in the weeks following mediation.

The Virginia Lawyers Weekly recently reported that a federal court in Virginia held that a widow whose husband died in a collision with a tractor-trailer may sue the truck driver for punitive damages, which are damages exceeding normal compensation that are meant to punish the defendant. The Court in this case found that while the Virginia Supreme Court normally frowns on awarding punitive damages in most motor vehicle cases, they would be allowed here because the defendant truck driver fell asleep at the wheel of his truck, despite a prior citation for violating a federal rule against driving more than 14 consecutive hours. The Court reasoned that a jury could find that the commercial driver engaged in conduct that he had been specifically warned about, and by doing so, he acted willfully, wantonly and in reckless disregard for the safety of the public.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious truck, auto or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our truck, auto or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia and North Carolina, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

Two personal injury claims, both of which involved automobile accidents, were recently tried and won in Virginia courts by the attorneys of Pierce & Thornton. The first accident involved our client being struck from the side while traveling on Virginia Beach Blvd. in Virginia Beach, Virginia. The impact from the accident was severe enough to total both drivers’ cars, and resulted in serious personal injuries. During trial in the Virginia Beach General District Court, the defense contended that the plaintiff was at fault for the collision because she was speeding and also questioned the amount and type of medical treatment received by the plaintiff as a result of the accident. The judge, however, returned a verdict for the plaintiff that was nearly twice the amount of money the defendant and his insurance company had previously offered to settle the case for before trial.

The second motor vehicle accident case occurred on Newtown Road in Norfolk, Virginia. Here, our client was rear-ended by a distracted driver while stopped at a red light. As a result of this accident, the plaintiff was forced to undergo extensive physical and chiropractic therapy for over a year to be relieved of the pain associated with the injuries from this collision. At trial in the Norfolk General District Court, the defendant did not question liability, but argued that the plaintiff had over-treated and that his injuries from the accident were pre-existing. The judge, however, ruled in favor of the plaintiff and awarded damages that were over twice the amount of money the defendant’s insurance company offered to settle the case for prior to trial.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto, truck or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our auto, truck or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a motorcycle rider was hospitalized with life-threatening injuries after he collided with a tractor-trailer in Newport News, Virginia. According to the report, when police arrived at the scene, they found the motorcyclist unconscious in the street. Investigators believe that the truck driver did not know that he struck the motorcyclist because the motorcycle collided with the rear of the tractor-trailer. Although the commercial driver did not stop at the scene, the driver and his truck have since been located. The crash is under investigation.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto, truck or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our auto, truck or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a motor vehicle accident left one person dead and others injured in Norfolk, Virginia. According to the report, the deceased individual was a passenger who exited the vehicle he was traveling in, which was parked in the travel lane, to put something in the trunk of the car. As he was doing so, another car read-ended the vehicle thus causing the decedent to become trapped between the two cars. Police and rescue crews arrived on the scene immediately and took the decedent to the hospital, where he was pronounced dead shortly thereafter. The drivers of the other vehicles were treated for non-life-threatening injuries and are expected to be fine. The crash is under investigation.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto, truck or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our auto, truck or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

A recent article in The Washington Post reported that surgical “never” events – errors that should never occur, such as leaving an instrument inside a patient or operating on the wrong body part – resulted in paid medical malpractice claims about 500 times a year throughout the country, including Virginia. Of the patients experiencing “never” events, approximately 7% die, one-third incur a permanent injury, and 59% a temporary injury. The report goes on to note that the actual incidence of “never” events is likely higher due to the fact that the study only examined medical malpractice claims that were filed, rather than those that were settled pre-lawsuit or not filed. The physicians most likely to experience “never” events were those who had been sued in the past, as well as younger, less experienced doctors. Physicians and hospitals are using this research to identify scenarios where a “never” event is likely to occur and implementing higher standards and checklists, similar to other high risk industries, to reduce the number of occurrences of these events.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The firm associates on cases throughout the United States. The attorneys at Pierce & Thornton have nearly 50 years of experience in litigating all types of medical malpractice cases. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.

Two personal injury claims, both of which involved automobile accidents, were recently settled by the attorneys of Pierce & Thornton. The first accident involved our client being struck from behind while traveling north on Independence Blvd. in Virginia Beach, Virginia. The impact from the accident was severe enough to cause the driver’s airbags to deploy, and resulted in serious personal injuries, including a broken nose, and neck and back injuries. The second car accident also occurred in Virginia Beach and also involved a rear-end collision. As a result of this accident, our client was forced to undergo extensive physical therapy for over a year to be relieved of the pain associated with the injuries from this automobile collision. As part of each settlement, the amount paid by the defendants’ insurance companies is to remain confidential.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious auto, truck or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our auto, truck or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a bicyclist died in the Hampton Roads area after being hit by a van while riding down Northampton Blvd. near the border between Virginia Beach and Norfolk. According to the Norfolk Police, the bicyclist was struck at approximately 12:25 p.m., and was unfortunately pronounced dead at the scene. In a similar story, the Richmond Times-Dispatch also reported on a bicyclist being fatally struck in Richmond by an SUV. Initially, the driver of the SUV fled the scene, but later came forward and admitted being the driver who hit the bicyclist. According to the driver, he unintentionally collided with the bicyclist while driving down a stretch of road that did not have a bicycle lane, was narrow and lined with heavy vegetation.

While the articles did not report the exact causes of the accidents or determine who was at fault, many bicycle accidents, injuries and fatalities are caused by the inattention of the drivers of cars, buses and trucks. Often times, even if the investigating officer cannot determine who caused the accident, a more thorough investigation conducted by a specialist trained in accident reconstruction can properly assign fault and allow the proper party to be compensated for his or her injuries.

If you or a loved one has been involved in a serious bicycle, motorcycle, auto or truck accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our bicycle, motorcycle, auto or truck accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

The Virginian-Pilot recently reported that a 19-year-old man died in the Hampton Roads area when his motorcycle collided with a car on Interstate 64. According to the Virginia State Police, the man riding the motorcycle came into contact with a Jeep Cherokee and lost control, ran off the road, hit a guardrail and flew off the motorcycle. Unfortunately, the motorcyclist died at the scene.

While the article did not report the exact cause of the accident or determine who was at fault, many motorcycle accidents, injuries and fatalities are caused by the inattention of the drivers of cars, buses and trucks. Often times, even if the investigating officer cannot determine who caused the accident, a more thorough investigation conducted by a specialist trained in accident reconstruction can properly assign fault and allow the proper party to be compensated for his or her injuries.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious motorcycle, auto or truck accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our motorcycle, auto or truck accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

A 56-year-old-man from Newport News, Virginia was recently arrested after causing several automobile accidents while travelling the wrong way on Interstate 664 in Suffolk, Virginia. Prior to his arrest, two Virginia State Police Troopers tried several times to stop and block the driver, but rather than stop, the driver struck the Virginia State Police cars, as well as several other automobiles, causing injuries. The Virginia Troopers eventually stopped the driver’s vehicle at Jefferson Avenue and Dresden Drive in Newport News, Virginia. The driver was charged with driving under the influence, reckless driving, eluding, damage to property and felony hit and run.

The attorneys at the law firm of Pierce & Thornton understand that tragic accidents are an unfortunate part of life. If you or a loved one has been involved in a serious truck, auto or motorcycle accident we can help. Pierce & Thornton has experience and expertise in representing families of those seriously injured or killed by the negligence of other drivers. The lawyers at Pierce & Thornton have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We can put together a team of qualified investigators and gather the information and data necessary to reconstruct the accident and determine who was at fault. We will consult with all of your health care providers so that we have a complete understanding of the nature and extent of your injuries and how the accident has impacted your life. Call today for an immediate free consultation with one of our truck, auto or motorcycle accident attorneys. The attorneys at Pierce & Thornton handle cases throughout Virginia and North Carolina, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. They also associate with other attorneys on significant injury cases throughout the United States.

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