Articles Posted in Trucking Accident

Virginia residents should be aware that a recent study by the U.S. Department of Health and Human Services covering the 15 percent of the U.S. population enrolled in Medicare found that each month one out of seven Medicare hospital patients is injured-and an estimated 15,000 are killed-by harmful medical practice. Moreover, treating the consequences of these medical errors cost Medicare approximately $324 million a month, which amounts to 3.5 percent of all Medicare expenditures for inpatient care. Another recent study looked at the incidence of avoidable medical errors across the entire U.S. population and concluded that they affected 1.5 million people and cost the economy $19.5 billion in 2008. The Centers for Disease Control and Prevention has estimated that almost 100,000 Americans now die from hospital-acquired infections alone, most of which are preventable.

These recent studies are in addition to the landmark study conducted over twelve years ago by the Institute of Medicine showing that medical errors in U.S. hospitals kill up to 98,000 Americans a year. In 2000, another estimate in the Journal of the American Medical Association put the total annual death toll at 250,000. It included fatalities resulting from unnecessary surgery, hospital-acquired infections, and other instances of harmful medical practice.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined 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.

A jury in Charlottesville, Virginia recently awarded more than $10.5 million to the family of a woman who died after a concrete mixer truck fell on her car in 2007. The victims were a married couple from southwest Virginia who were travelling on State Route 53 when their car was crushed by a truck owned and operated by Allied Concrete Company. The wife, who was 25 years old at the time, died eight days after the accident. Her husband survived. The driver of the truck later pleaded guilty to manslaughter and served 30 days in jail.

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.

Virginia residents should be aware that a recent study has shown that patients in hospitals where nurses work long hours are much more likely to die of pneumonia and heart attack. In most U.S. hospitals, nurses work 12-hour shifts exclusively, a trend that began during the 1980’s due to nationwide nursing shortages, the authors of the new study explained. The study went on to state that although many nurses like these schedules because of the compressed nature of the work week, the long schedule, as well as shift work in general, leads to sleep deprivation. “Alertness and vigilance required for providing good nursing care depend upon having an adequate duration of quality sleep and rest, and long work hours can impact the quality of nursing care and can increase the potential for error,” an author of the study stated. “Nursing work hours may also be increasing to compensate for decreasing physician work hours in hospitals because the medical profession has taken steps to limit the hours a physician-in-training may work, whereas nursing has not taken similar steps,” the author added. Along with long work hours, the work schedule factor most frequently linked with patient deaths was lack of time off the job.

The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those involving nursing malpractice. 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.

A jury in Norfolk, Virginia recently awarded a doctor beaten by a patient in a Virginia Beach psychiatric clinic a $5.35 million judgment. The award was against Psychiatric Solutions Inc. and First Hospital Corp. of Virginia Beach, the companies that own and operate the Virginia Beach Psychiatric Center, a 100-bed facility on First Colonial Road where the beating happened.

According to court records, the doctor was injured by the patient after the patient accused him of stealing. During trial, the doctor’s lawyer argued that the facility staff members should have known the patient was dangerous and prevented the injury to his client because of the patient’s previous behavior. The patient had earlier confronted the doctor on two separate occasions threatening personal injury before he actually attacked the doctor, fracturing his skull and eye socket and causing a concussion.

The doctor is still only able to work part time, and is not fully recovered. A spokesman for the defendants said that although the companies continue to dispute liability in the matter and might appeal, they are “sorry for [the doctor’s] injuries from the incident.” The judgment includes $5 million in compensatory damages and $350,000 in punitive damages.

According to a recently released report by the Virginia Department of Motor Vehicles, there are substantially more motorcyclists traveling Virginia’s roads, which has in turn contributed to an increase in fatal accidents involving motorcycles. Since 2001, DMV spokeswoman Melanie Stokes says motorcycle registration in Virginia has jumped by 105 percent. According to the DMV, 38 motorcyclists were killed during the first six months of 2010, which is a 19 percent increase from the same six-month period in 2009. Virginia recorded 71 motorcycle deaths and 1,506 injuries for all of 2009. In order to combat the rise in motorcycle deaths, the DMV is taking steps to better educate new riders to ensure that they are properly trained and licensed.

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. 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 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.

According to the Virginia State Police, five motorists were killed in Virginia over the long July 4th holiday weekend. Troopers also reported responding to 743 traffic crashes over the four-day counting period. Of the fatalities, one occurred in the Hampton Roads area (which is comprised of Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore), while the other four happened in the counties of Accomack, Fairfax, Nottoway and Rockingham. Three of the victims were not wearing seat belts, and one of the deaths involved a motorcycle. With increased traffic and everyone anxious to get to their vacation destinations, it is extremely important to be careful and take an extra dose of patience while in your vehicle. The beach will be waiting for you when you arrive. And remember, under a new Virginia law that went into effect on July 1, 2010, no texting while driving.

We hope you never need our services. But if you or someone you know does, please know that the attorneys at Pierce & Thornton have experience and expertise in representing Virginia and North Carolina 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. 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 consultation with one of our auto or truck accident attorneys.

According to a recent report, Hampton Roads (which is comprised of Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore) had the highest number of car accidents that resulted in injury or death in Virginia from 2006 to 2008. On average, there was a traffic accident in the Tidewater region every 19 minutes, and every 2.5 days someone died from one of those auto wrecks. Nearly 8 percent of all crashes in Hampton Roads involved alcohol, with 41 percent of fatal crashes involving alcohol. The leading causes of non-fatal accidents were following too closely, distracted driving and failure to yield; while the leading causes of fatal accidents were distracted driving and speeding. Nationally, Hampton Roads ranked 17th among 26 similar-sized U.S. metropolitan areas in traffic fatality rates.

Tragic accidents 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. 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 consultation with one of our auto or truck accident attorneys.

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.

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.

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.
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