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Showing posts from August, 2011

Albemarle Car Truck Accident Sends Victim to Hospital

Car Accident Truck Accident Albemarle Charlottesville Injury Lawyer Attorney

Yesterday, a terrible accident took place when a truck struck a car on Route 250 in Ivy, Virginia, which is in Albemarle County. The Charlottesville Daily Progress reports that the driver of the car, which was an SUV was transported to the hospital with significant injuries. This car truck accident illustrates the unfairness of an accident's consequences when a truck hits a car, or even an SUV. The tractor trailer driver is rarely injured. meanwhile, the car or SUV driver is facing serious injuries and a long recovery. At Wilson & Hajek, we know that the car driver needs help in pursuing the driver of the truck and we have the expertise to investigate thoroughly the accident circumstances. For instance, tractor trailer divers are required to maintain a log of the truck's driving hours. This log can be a vital resource in establishing fault for an accident. In this case, early investigation o…

Fluvanna County Teen's Life Claimed in Car Accident

As a Virginia personal injury lawyer, I am always saddened by the reports of needless deaths in car accidents. This weekend, I read the obituary of a Fluvanna County teen whose life was cut short by a car accident. According to the Charlottesville Daily Progress, the teen ran off the road, struck a culvert and overturned. The teen was from Palmyra in Fluvanna County, Virginia. Unfortunately, the teen was not wearing a seatbelt and was ejected from the car. The circumstance reminded me of another tragic car accident many years ago which involved my brother. He was a seatbelted passenger in a car which overturned and he survived with just a few bruises. The driver was not wearing his seatbelt and was ejected and killed. I know that I have always worn my seatbelt since that time. Of course, there are always stories of the driver or passenger who was ejected and saved from the car fire and so swears that not wearing a seatbelt is good thing. But, I still think that a careful and…

Where To FIle A Personal Injury Claim In Virgina

Personal Injury Attorney Lawyer Virginia Venue

One of the more interesting decisions that a Virgina personal injury lawyer has to make is where to file a personal injury claim. Virgina law describes two types of venue (the [place where the lawsuit is to be filed), preferred and permissible venue. These categories of venue are found in the Virginia Code. Generally, the personal injury attorney is looking at the choices set out in the permissible venue section. The choices available depend in part on the type of claim, where the defendant is located and where the accident happened. An experienced injury attorney will determine all permissible venues and then analyze each forum (court) in the hope of selecting the most favorable. In a typical car accident injury case, the available forum selection will include the place where the accident happened and the home of the defendant. The home of the plaintiff is a possibility if the defendant is out of state or not to be found. Personal …

Railroad Repetitive Motion Injury Claims - A Growing Field in Railroad Personal Injury Law

In Virginia, West Virginia, North Carolina, South Carolina and all across the country, we are seeing an increase in railroad employee repetitive motion injury claims. These railroad personal injury claims involve injury to different parts of the body from strenuous job duties performed repeatedly over the years. The injury claims can also involve vibration issues from equipment such as locomotive engines and vibrating tools. The types of injuries include neck,and back problems, carpal tunnel syndrome, and knee and shoulder problems. For instance, a crane operator's duties typically involve working on a machine that has vibration issues. The duties also include heavy lifting and a lot of work at shoulder height or greater. As a result, we are seeing crane operators with neck and shoulder problems caused by their work over time. These claims can be pursued under the Federal Employer's Liability Act or FELA, a law designed to protect railroad employees. Railroad conductor…

Railroad Injury Law and Railroad Accidents

The Federal Employer's Liability Act ( commonly known as FELA )has been around since 1908. The FELA protects railroad workers injured on the job. There is no equivalent statute that protects train passengers injured in a train wreck or car train collision. Both groups of injury victims, railroad employees and train passengers are protected by Federal Rail Safety statutes. Our firm is well versed in all of these areas. Recently, there have been several train accidents in Virginia involving the new rail transit system in Norfolk, Virgina. Amtrak has also been involved in several high profile accident case over the last year. These types of cases require a lawyer who is familiar with the special laws that apply to these cases. Eddie Wilson and I work on these types of cases every day. We have been practicing railroad law and representing employees and passengers for decades. Call us for a free evaluation.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm E…

Train Accident in Norfolk Virginia

Norfolk, Virginia finally has a light rail train transit system and train car accidents to go along with it. On August 17, 2011, a train struck a car making a turn at a railroad crossing. Remarkably, this was the second accident at the intersection and the light rail train transit system has only been running for a short while. The driver was ticketed. Apparently, there were no injuries on the train. This train car accident illustrates the dangers of railroad crossings. The driver and the car are usually the losers. Norfolk is going to see an increase in these types of accidents as the system has several intersections. Train operators and crews are at risk, as are the train passengers. Our law firm has significant experience in these types of cases.

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�…

Virginia Playground Injuries

Virginia Injury Law Playgrounds

If you or a family member is injured while playing at a city, town or county playground, do you have a claim for your injuries? In Virginia, the answer in most cases will be "no" and there are very few exceptions. The reason that personal injury claims for playground injuries are unlikely to succeed is Virginia Code Section 15.2-1809, which provides that cities, towns and counties have immunity for negligence claims arising from the operation of parks, recreational facilities and playgrounds. In order to recover for a playground injury, there would have to be proof of gross negligence. The Virginia courts have held that the standard of gross negligence requires proof that goes well beyond simple carelessness. It is more like a standard of deliberate indifference, where there is proof that the municipal entity knew about the playground defect and its dangers and made a conscious decision not to fix it. The mere fact that municipal workers …

Double Fatality in Orange County, Virginia

Personal Injury Lawyer Orange County Virginia
A double traffic fatality in Orange County, Virginia is still under investigation. What is known is that a car traveling on Route 20 in Orange County, Virginia was sideswiped by another car causing a serious accident. Whether wrongful death claims will be asserted is also unknown. In Virgina personal injury law, a wrongful death claim requires proof of negligence. The damages which can be recovered are also limited by statute. An experienced personal injury attorney can help the survivors navigate the maze of legal requirements. Orange county, Virginia is close to Charlottesville and most lawyers cover all the counties surrounding the city. At Wilson & Hajek, we practice injury law all over the state of Virginia as our focus is serious injury cases. Our firm holds the personal injury jury verdict record, obtained in Prince William County. Call us for a free consultation today.

Francis P. Hajek
Wilson & Hajek, LLC, a personal…

9 Traffic Fatalities in Washington DC In One Weekend

Personal Injury Lawyer Charlottesville

It was a deadly weekend on the roads of Washington,DC., 9 fatalities in a series of car accidents. News reports speculated that summer heat and vacations were factors. But, Central Virginia did not experience a similarly deadly weekend. In Charlottesville and Albemarle County, there were no reports of car accident related fatalities. Still, driving conditions can change quickly as summer thunderstorms bring in high winds and driving rain. On Monday evening, a severe thunderstorm swept through Charlottesville and left many residents without electricity. If you are in a car accident that is the result of severe weather conditions, it is important to contact an experienced personal injury lawyer to determine if you have a claim. If you are caught in a severe weather incident, it is best to get off the road. And, if you are going to Washington, DC, take the train.

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm Experien…

Norfolk Southern Railroad Violates Whistleblower Statute

Railroad Law Whistleblower Violation Norfolk Southern Employeee

The Virginia Pilot reports that Norfolk Southern was fined $122,000 for firing an employee after the employee reported an injury. Whistleblower investigations under the Federal Rail Safety Act (FRSA)are investigated by OSHA. OSHA found that Norfolk Southern had routinely intimidated employees into not filing injury reports. And, in this case, the employee had delayed reporting his injury due to a fear of being fired. It is expected that NS will appeal. Our law firm has represented railroad employees in whistleblower cases. The FRSA provides protection to railroad employees not only for getting fired due to reporting an injury, but also, among other things, when the railroad employee refuses to perform an unsafe task or violate hours of service requirements. If you are a railroad employee who has been injured on any railroad, whether it is Norfolk Southern, CSX Amtrak or even a short line railroad, call us, we are ex…

Virginia Law on the Eggshell Skull Plaintiff

Charlottesville Personal Injury Law Firm

Virginia law follows the common law rule regarding preexisting conditions. Frequently, a personal injury victim has a preexisting condition that makes them more likely to suffer from an accident than someone who is in good health. A good example is someone who has a history of back problems. A rear end collision is more likely to injure such a person and cause additional problems. Under Virginia law, the person who caused the injury is responsible for all the consequences of their actions, even if the action would not have injured a healthy person. This rule is known as the eggshell plaintiff doctrine. When you think about it, a person who is negligent should be responsible for all the consequences of their negligence, even if he or she did not plan on injuring a less than healthy person. In other words, you take your victim as you find them. The classic example is the individual who punches someone and shatters their "eggshell"…

$5.1 Million Truck Accident Settlement

Truck Accident Injury Law Virginia Settlement

The Virginia Lawyer's Weekly reports that a $5.1 million dollar settlement was reached in a Rockingham County truck accident. The truck involved ran a red light signal and struck the victim's car, causing injuries to the leg. The case highlights the dangers of accidents involving tractor trailers and large trucks. Usually, the car driver is the one who is seriously injured or killed. At Wilson & Hajek, our personal injury attorneys are familiar with the federal regulations that govern trucks and truckers. We also know that in such cases it is very important to obtain the truck driver's log. The driver is supposed to record accurately his hours and other information about his trip. In practice, we have found numerous instance where the driver has not kept good records and in some cases has even kept a double set of books. one for the authorities and one that was real. As a result, we always look for driver fatigue as…

Bypass Effect on Albemarle and Charlottesville Traffic Accidents

As a personal injury lawyer located in the Charlottesville and Albemarle area, I think one aspect of the bypass that has not received a lot of comment is the effect it will have on traffic accidents in the Charlottesville Albemarle Route 29 corridor. One focus of our injury law firm is accidents involving big trucks and tractor trailers. It is hoped that a large number of big rigs and tractor trailers would utilize the proposed bypass. Right now, a major source of the congestion on Route 29 as it meets Route 250 is the presence of these large trucks going to points north and south of Charlottesville. Obviously, a legitimate concern is the amount of diesel pollutants that are emitted by these trucks and the effect of such pollutants on surrounding areas. Is it better to have the trucks on the present route or on the proposed bypass? The answer to that question is not obvious and may never be satisfactorily answered. But, for now, it does look like the bypass is a go.

Francis P.…

Charlottesville Virginia Personal Injury Lawyer

A lot of Charlottesville personal injury lawyers advertise their services on television. In Charlottesville, injury lawyers cover the various stations with ads promising all kinds of services. There are ads in the local Charlottesville newspaper. Our injury firm has an ad in the Yellow Pages. My experience is that the best recommendation is a satisfied client. AS a result, I strive to make sure that I keep every client informed of their case progress. If there are settlement discussions, I keep the client up to date and work with him or her to accomplish the goals we have agreed on for the case. As a result, a lot of our cases are referrals from friends and clients. If you have a legal question, call me.

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