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Showing posts from July, 2011

Albemarle Charlottesville Bypass Approved

The Route 29 bypass through Albemarle County and around Charlottesville has been approved. The opposition was fierce. So in several years we will have a way to avoid the congestion at 29 and Hydraulic Rd. Or will we? The chief proponents of the bypass are located in communities to the south of Charlottesville. In particular, Lynchburg representatives pushed hard for approval of the project. A lot of communities, such as Waynesboro, did not have a voice in the decision.As a personal injury attorney, I hope that the bypass will reduce the number of some of the horrible accidents that we see. Unfortunately, truck traffic may increase and speeds on the bypass will probably increase. In the end, more traffic means more accidents and we seem to be headed that way.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Wayne…

Charlottesville Law Firm Offers Help for Injury Victims

Personal Injury Lawyer Charlottesville Virginia Beach Attorney Offices

Legal representation limited to personal injury law involving auto, truck, motorcycle and pedestrian accidents.

When you undergo a personal injury due to the fault of others, the firm of Wilson & Hajek is available to help solve problems that arise. Our lawyers take a firm, aggressive position to protect the rights of our clients. Our experienced personal injury lawyers immediately gather information about the claim that includes police reports, photos, statements and insurance information that concerns your personal injury.

We inform the insurance company that you are represented by our firm. This means they must have all information filtered through our office. They are no longer able to force one-sided and often damaging statements from the person suffering from a personal injury. This is one of the major protections you can achieve when you immediately hire an experienced personal injury attorney.

You may …

Virginia Cyclist Settles Injury Case for $2.25 Million

A Virginia cyclist has settled her personal injury case for $2.25 million dollars according to a published report from Virginia Lawyers Weekly. The case involved a mild traumatic brain injury as well as serious orthopedic injuries that are expected to result in a hip replacement. The bicycle rider was struck from behind and flew 130 feet in the air. A significant issue in the case was the delay in diagnosis of the brain injury. In my experience, mild traumatic brain injuries are often not apparent until the orthopedic issues resolve. The focus of treatment is on the obvious and brain injuries are often subtle in their signs. For instance, memory issues may be attributed to pain medication. The true origin of the memory is thus not appreciated until the injury victim stops taking the pain medication and finds that the memory problem does not improve. When I obtained a $60 million verdict for a mild traumatic brain injury, the facts were similar. It was several months after the …

Louisa Teen in Fatal Accident

A car accident claimed the life of a Louisa County teen this past week. According to the Charlottesville Daily Progress, the 16 year old attempted to exit her vehicle while it was rolling backwards down a driveway and was crushed. Her car then struck another car in the road. We don't know if it was an equipment failure or just an inexperienced driver losing control of her car. The victim can't tell us what happened. So the only way for a personal injury lawyer to figure out what happened is to bring some experts to look at the scene and the car. A mechanic should look at the car and an accident reconstruction expert can examine the scene and the facts developed by the mechanic. In this case, an explanation is needed and the facts should be developed.


Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesbor…

Motorcycle Accident in Charlottesville Area

Personal Injury Attorney Motorcycle Accidents Virginia

The Virginia personal injury law firm of Wilson & Hajek represents seriously injured motorcycle riders. Often the drivers of the vehicles causing the accident state that they just didn�t see the motorcycle. In the Charlottesville area, there have been several recent accidents involving motorcycles and at least one fatality.

Our personal injury law firm represents motorcycle riders. Many motorists treat a motorcycle as if it does not belong on the road. When discussing an accident, the vehicle driver often acts as if the motorcycle rider is invisible. The driver ignores the headlight, the person and the bike. Motorcycle riders have the same road privileges as cars.

To avoid personal injury, motorcycle riders have to drive defensively. They must avoid cars that pull in front of them, cut them off in lanes of traffic and crowd them on the road. The fun is in the ride and we all want to keep it that way. So keep a close look…

Virginia Personal Injury Cases Head to General District Court

A new option for Virginia personal injury plaintiffs is available as of July 1. Cases with a value up to $25,000 may now be filed in Virginia General District Court. The previous limit was $15,000. Personal injury plaintiffs can now take advantage of the shorter time to get a trail date that the district court offers. For smaller cases, it is an option worth looking at as there is also a right of appeal to circuit court if the judge does not make an award that is satisfactory to the plaintiff.For instance, in Albemarle County, a case filed in General District Court will usually be tried within 2 to 3 months. To obtain a jury trial date in circuit court can take a year or longer.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

FELA Railroad Injury Causation Standard

FELA Railroad Injury Causation Virginia West Virginia Washington DC

Railroad employees should celebrate the recent Supreme Court case of CSX v.McBride. The case upheld the causation standard used in FELA injury cases. The railroad argued unsuccessfully that proximate cause should be the rule. Instead, the court kept in place a causation in the slightest standard. Essentially, this standard is a "but for" causation analysis for determining if a railroad worker should recover for an on the job injury. The significance of this FELA ruling is that railroad employees can continue to make claims and recover for injuries that are remotely caused by the railroad's negligence. For instance, if the lighting in the railroad employee's workplace is problematic, this factor alone can engender a recovery.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluv…

Weekend Tragedy - Western Albemarle Student Killed

A traffic accident claimed the life of a Western Albemarle high school student this past weekend. The tragedy seems more immediate as I have a daughter who is a student at Western. The Charlottesville newspaper reports indicate that a Domino's pizza delivery vehicle struck the student as he was crossing Route 250. Albemarle police are investigating the cause but have not issued any statements about the cause of the accident. I am not going to speculate about the fault of either party. The tragedy is too overwhelming at this point. However, an effort should be made to collect information such as witness names and physical evidence, if any exist. Sometime, it is surprising what can be discovered. After over 27 years of law practice in Virginia and other states, I have learned to approach each case without prejudging the facts. All information must be collected as soon as possible. A site visit with an expert witness can provide valuable perspective. In these ways, a perso…

Virginia State Police Increase Patrols on I-64

Virginia State Police have increased their presence on I-64. The increase comes during the summer highway construction season. In Charlottesville and Albemarle County, several highway construction projects are ongoing. Increased patrols are designed to lower injury rates through lower highway speeds. Statistics show that every 10 mile per hour increase in highway traffic speeds results in a 7 percent increase in injuries. Injuries also tend to be more severe as the crashes involve greater speeds. As an injury law firm, we are particularly aware of the impact of high speed collisions and the tragedy that results. Hopefully, the visibility of state troopers will have the desired effect.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Railroad Law Update

Railroad Law Virginia FELA Injury Attorney Charlottesville

The U.S. Supreme Court Maintains Rights of Injured Railroad Employees

The U.S. Supreme Court, in a 5 to 4 decision, affirmed that an injured railroad worker only has to show that the railroad�s negligence played �a part � no matter how small � in bringing about the injury�. The June 23, 2011 decision addressed a basic railroad law question concerning the Federal Employer�s Liability Act (FELA).

The decision is a decisive victory for injured railroad workers. It leaves in place a standard set by the U.S. Supreme Court in 1957. In basic terms, it means an injured railroad worker does not have to show proximate cause, but only has to show the negligence of the railroad played a part � no matter how small � in bringing about the injury.

This is a solid victory for railroad workers and for the FELA attorneys who fought the railroads� attempts to change this law. The five judge majority ruled the FELA law intended to establish a…