Virginia Injury Law Blog

On October 20, 2009, authorities in Norfolk and Virginia Beach reported fatalities as a result of a truck striking a woman in Norfolk and a two-vehicle crash in Virginia Beach. In Norfolk, a Dominion Virginia Power truck struck a woman crossing Little Creek Road near Granby Street. The woman later died of her injuries at Sentara Norfolk General Hospital. In Virginia Beach, a mother and her daughter died after being involved in a two-vehicle accident at the intersection of Dam Neck Road and Corporate Landing Parkway. They were ejected from the car as it overturned several times. The daughter died at the scene, while the mother succumbed to her injuries after being taken to Sentara Virginia Beach General Hospital. The Virginia Beach Police are still unclear as to who had the right-of-way.

Tragic accidents such as these are an unfortunate part of life. If you or a loved one has been involved in a serious auto or truck accident we can help. The attorneys at Pierce & Thornton have experience and expertise in representing families of those seriously injured or killed by the negligence of car or truck 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. Call today for an immediate consultation with one of our auto or truck accident attorneys.

Posted by Anthony Gantous | Permalink | Email This Post

Posted In: Auto Accident , Trucking Accident

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A recent government watchdog organization’s report estimates that approximately 563,000 commercial drivers (about 4% of commercial license holders nationwide) have medical conditions that would qualify them for full disability benefits. The medical disabilities include impaired vision, hearing, seizures, heart attacks, sleep disorders, or periods of unconsciousness that could lead to deadly crashes if they occur while drivers are behind the wheel. These statistics are alarming, especially in light of a federal study that reported last summer that the leading causes of serious crashes involving tractor trailer and other big trucks were drivers falling asleep, blacking out or collapsing while operating their vehicles. In 2006, over 5,000 people died in wrecks involving large commercial vehicles, and over 125,000 people were injured in such crashes. Despite these numbers, the agency primarily responsible for regulating the trucking industry, the Federal Motor Carrier Safety Administration, reports that it has not completed eight recommendations that U.S. safety regulators proposed back in 2001. One of the key standards proposed was to set a minimum standard for officials who decide whether a trucker is medically safe to operate a truck. Another standard not yet adopted is a provision prohibiting truckers from doctor-shopping until they find a doctor willing to certify that they are fit to drive. These are eye-opening facts to consider when driving down the interstate at night with eighteen wheelers in front and back of your car.

The attorneys at Pierce & Thornton have experience and expertise in representing families of those seriously injured or killed by the negligence of truck drivers. Please call us if you or your family needs the help of one of our truck accident attorneys.

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Trucking Accident

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Although a recent tractor trailer crash that killed three women occurred outside of Virginia, the case raises interesting issues regarding punitive damages. A Missouri jury found a truck driver negligent in rear-ending a line of stopped traffic, but while the jury was considering whether to award punitive damages, the trucking company settled the case with the families of the women who died in the crash.

In Virginia, punitive damages can be awarded to punish a defendant for conduct that is so reckless or negligent that it amounts to a conscious disregard of the rights (or safety) of others. But no matter how reckless or indifferent a company’s or individual’s actions are, punitive damages in Virginia are capped at $350,000. In other words, the trucking company defending the same lawsuit mentioned above in Virginia would not have had the same concern about punitive damages that they had in the Missouri court. Placing a cap on punitive damages’ awards strips a jury of the ability to condemn and punish outrageous behavior by a defendant that causes death or serious harm to an individual or his family. $350,000 in punitive damages to a large corporation does not send much of a message about the need to hire better drivers or engage in safer practices.

Continue reading "Trucking Company Settles Wrongful Death Case" »

Posted by Jonathan L. Thornton | Permalink | Email This Post

Posted In: Trucking Accident , Wrongful Death

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