Attorney Blog

You Can't Get More Than You Sue For in Virginia

willdavis@davislawfirm.com (Blog Author)27283 — Wed, 24 Feb 2010 08:00:00 EST

Medical malpractice attorney Ben Glass of Fairfax, Va, has written an interesting blog post about the rule that you cannot receive more than you sue for in Virginia.

The Virginia Supreme Court recently heard the appellate case of Addison vs. D'Amour and made a ruling that affirmed the long-standing rule. Glass points out that most attorneys sue for inflated amounts so that any award they receive for their clients will not be limited by the rule. Glass also states that when you see lawsuits for higher amounts than you would think would be reasonable, it's a sign of smart litigation rather than greedy lawyers and plaintiffs.

Is it Legal to Drive with Snow and Ice on Your Car in Virginia?

willdavis@davislawfirm.com (Blog Author)26761 — Mon, 15 Feb 2010 08:00:00 EST

With the relentless winter weather in Virginia this year, we've all seen plenty of cars on the roads with several inches of snow and ice still on the roof as drivers make their way around. Many people wonder if it's even legal to drive that way.

Despite the obvious risks, Virginia does not have a law requiring drivers of passenger vehicles or tractor-trailers to remove snow and ice before driving. In some states such as New Jersey and Pennsylvania, drivers face potential fines for not making a reasonable effort to clear off their vehicle prior to driving. In those states, additional fines can be levied if snow and ice falling off a vehicle causes damage or injuries.

The dangers of leaving snow and ice on a vehicle were clearly illustrated by a recent incident on I-81 in Roanoke County. According to Virginia State Police, a truck driver was injured last Wednesday when several large pieces of ice from another truck crashed through his windshield.

With the higher speeds on roads such as I-81 and I-77, it is not uncommon for chunks of snow and ice to break free of vehicles and become airborne missiles. In other cases, melting snow may slide onto the windshield, blocking the driver's view of the road.

Even though it's not required by law, we strongly encourage all drivers to do what they can to remove snow and ice from their vehicles before venturing out - for your safety and the safety of others.

If you or a loved one has been injured in an accident caused by snow and ice falling from another vehicle, please contact an experienced attorney at Davis, Davis, Davis & Davis, to discuss the incident. You may be entitled to compensation for your injuries. Your initial consultation is completely free. Call us at 540-483-5221.

Virginia Street Race Ends in Tragedy

willdavis@davislawfirm.com (Blog Author)26475 — Tue, 09 Feb 2010 08:00:00 EST

A street race in Bristol, Va, claimed the life of a Southwest Virginia woman Monday night. Police say Melinda Woodward, 38, of Abingdon, Va, was killed instantly when her blue Ford Mustang was struck in the driver-side door by a vehicle involved in a street race on Gate City Highway.

Bristol police indicate that Woodward had just left the Bristol Mall when her car was struck by a silver Pontiac Trans Am driven by 19-year-old Joseph D. Rose of Wise County, Va. According to police, Rose was racing alongside a red Ford Mustang when the collision occurred. Rose and his passenger were rushed by paramedics for treatment at Bristol Regional Medical Center. Charges are pending against Rose, according to police.

Police are still looking for the red Mustang, which never stopped. The car is believed to be a 2004 or 2005 model, possibly a Cobra design. The Mustang did not hit Woodward's car, according to police. Based on eyewitness accounts, police believe the vehicles in the street race were traveling at a high rate of speed and ran a red light when the accident took place.

We extend our deepest condolences to the Woodward family during this difficult time.

Serious and fatal accidents are often caused by reckless and irresponsible driving. If you have been severely injured, or a loved one has been killed in an accident caused by a negligent driver, you should contact an experienced car accident attorney to help protect your rights and file a claim.

Toyota's Troubles Continue to Mount

willdavis@davislawfirm.com (Blog Author)26200 — Thu, 04 Feb 2010 08:00:00 EST

The National Highway Traffic Safety Administration has announced an investigation into the Toyota Prius brakes after receiving over 100 complaints from drivers, including four reports of accidents. The drivers reported that the brakes would not engage quickly in some cases, or would seem to suddenly release if the car went over a bump, pothole or icy patch.

Toyota -- the world's largest automaker -- has experienced a series of safety problems, concerns and recalls in recent months. Last September, Toyota recalled 3.8 million vehicles because of issues with loose floor mats that could cause the accelerator pedal to get caught in the mats and send the car out of control.

Just two weeks ago the automaker recalled another 2.3 million vehicles for a problem with the accelerator pedal possibly sticking. If current reports are accurate, Toyota will soon announce a recall for approximately 270,000 Prius vehicles for the braking system issue.

If you or a loved one has been injured in a Virginia car accident, you should contact an experienced attorney in your area. The attorneys at the law firm of Davis, Davis, Davis & Davis represent Virginia car and truck accident victims and the families of wrongful death victims. For a free consultation, call 540-483-5221.

Virginia Traffic Deaths Reach New Low in 2009

willdavis@davislawfirm.com (Blog Author)25222 — Mon, 18 Jan 2010 08:00:00 EST

According to a preliminary report released by the Virginia Department of Motor Vehicles, the 750 traffic deaths logged by Virginia in 2009 represented the lowest amount since officials started keeping official records in 1966. The new low comes just two years after Virginia had its all-time high in traffic deaths -- 1,026 in 2007. There were 821 deaths on the state's roadways in 2008.

Some possible reasons for the drop in traffic deaths are being attributed to both police work and driver behavior, including increased usage of seat belts. According to an Old Dominion University survey, seat-belt use by vehicle occupants was at 82.3 percent in May 2009, the highest number recorded yet.

Of particular interest for drivers in Southwest Virginia is the fact that the vast majority of traffic deaths occur on rural roads instead of interstates such as I-81. In fact, it is estimated that upwards of 650 of the 750 deaths last year took place on rural roadways.

Top Ten Worst Insurance Companies

willdavis@davislawfirm.com (Blog Author)23904 — Wed, 23 Dec 2009 08:00:00 EST

At Davis, Davis, Davis & Davis, P.C., we take on the insurance companies every day. We see the lengths they'll go to in order to maximize profits at the expense of people, and we know and understand the tactics they use to deny, delay and confuse injured victims in an effort to pay out as little as possible on claims.

The American Association for Justice has completed an exhaustive report that identifies the worst insurance companies in America for consumers. Researchers at AAJ extensively researched SEC filings and FBI records, state insurance investigations and complaints, thousands of court documents, news media stories, and also conducted interviews with former insurance agents and adjusters.

What they found may or may not surprise you, depending on your experiences with your own insurance company.

AAJ's final list includes homeowners and auto insurers, health insurers, life insurers, and disability insurers.

According to AAJ, here are the top ten worst insurance companies:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

The Virginia State Corporation Commission Bureau of Insurance consumer service representatives can be reached toll-free at 1-877-310-6560 or by visiting the Bureau of Insurance website.

The law firm of Davis, Davis, Davis & Davis, P.C., has been assisting injured people in the Roanoke area since 1891. As long-standing members of the Southwest Virginia community, we take any injury of yours personally. If you've been injured, don't make the mistake of trying to take on the insurance companies by yourself. Call 540-483-5221 or 866-LAW-DAVIS to schedule a free consultation with the experienced attorneys at Davis, Davis, Davis & Davis.

Free Boating Safety Class Offered

willdavis@davislawfirm.com (News Author)12258 — Mon, 18 Jan 2010 08:00:00 EST

Even though we are in the grips of a snowy and icy winter here in Southwest Virginia, before you know it, local residents and visitors alike will be enjoying warmer temps and the many outdoor activities available at Smith Mountain Lake. Having represented many injury victims of boating accidents, the law firm of Davis, Davis, Davis & Davis encourages boating enthusiasts to follow all safety guidelines and rules.

The Star-Tribune is reporting that the Boat Dealers Association of Southwest Virginia is sponsoring a free boating safety class in conjuction with the annual boat show at the Roanoke Civic Center on Saturday, February 27.

Here is the article.