Attorney Blog

Trucks Collide and Catch Fire on U.S. 220

blog@www.davislawfirm.com (blog Author)36869 — Fri, 06 Aug 2010 08:00:00 EST

Two trucks collided on U.S. 220 in Franklin County on Monday night and caught fire north of Dudley’s truck stop, according to The Franklin News Post.

Kenneth Hancock, 32 ,of Rocky Mount was driving a Kenworth and pulling a flatbed trailer loaded with logs north on U.S. 220 when he observed a truck driven by Benny Oakley, 57, of Kentucky attempting to make a U-turn at a crossover. Hancock swerved but was unable to avoid the collision and his truck rolled over with logs spilling out and blocking both lanes of U.S. 220 north.

Both trucks caught fire following the impact and the roadway was closed for almost five hours. Cars were detoured to Iron Ridge Road. Oakley’s truck was carrying batteries and a minor leak was discovered and contained, according to the Franklin County fire marshall.

A hazardous material cleanup company completed the cleanup of fuel, oil and antifreeze on Tuesday morning. No contamination was found in the nearby Blackwater River.

Oakley was driving for L.J. Trucking Company out of Ohio, and was charged with improper/unsafe lane change. Hancock is employed by Cundiff Trucking in Wirtz.

Thankfully, no serious injuries were reported in this truck accident, but the highways of southern and southwestern Virginia can be dangerous places. If you or a loved one has been injured in a car or truck accident through no fault of your own, you need a caring and competent attorney to protect your rights and see that you receive the compensation you deserve. Don’t be a victim twice. Contact Will Davis of the Davis Law Firm at (540) 483-5221 and schedule a free consultation to discuss your case.

Helping Seriously Injured People Since 1891.

Montgomery County Woman Killed in Wreck with Big Rig

blog@www.davislawfirm.com (blog Author)36872 — Fri, 06 Aug 2010 08:00:00 EST

Virginia State Police have reported that a Montgomery County woman was killed early this morning when she collided head-on with a tractor-trailer on Interstate 81.

Police indicated that Pamela Renee Price, 41, of Elliston, crossed over the median and crashed into the tractor-trailer around 4 a.m. She was taken to Carilion New River Valley Medical Center where she died soon after arriving at the hospital.

The truck driver, who works for Class One Transport Inc in McVeytown, Pa, was not taken to the hospital, according to police.

Price was traveling south on I-81 near mile marker 112 when the accident occurred. The wreck is still under investigation and police did not immediately know if Price was wearing her seat belt.

The Davis Law Firm extends its sympathies to the Price family.

Two Longtime Rocky Mount Firefighters Killed in Crash

blog@www.davislawfirm.com (blog Author)35924 — Tue, 27 Jul 2010 08:00:00 EST

An accident late Monday afternoon involving a fire truck and two other vehicles resulted in the deaths of Rocky Mount Fire Chief Posey Dillon, 59, and firefighter William Daniel “Danny” Altice, 57.

The Roanoke Times reported that the firefighters were responding to a house fire when the fire truck, driven by Dillon, veered to miss an SUV that turned on to Old Franklin Turnpike from School Board Road. The Ford Escape, driven by Terry Valentine, 41, of Rocky Mount, struck the fire truck on the driver’s side causing the truck to flip. The fire engine, with 1,000 gallons of water in its tank, rolled three times because of the shifting weight of the liquid and landed on a Ford Mustang driven by Carolyn Puckett, 47, of Bassett.

According to the Franklin News Post, both Altice and Dillon were thrown from the tumbling truck. Dillon was taken to the Carilion Franklin Memorial Hospital where he was pronounced dead on arrival. Altice was dead at the scene. Both drivers of the other vehicles were treated at the hospital and released.

The state police confirm that the SUV was proceeding through a green light at the intersection and that investigation is ongoing regarding the speed of the vehicles and whether the fire engine slowed down or stopped at the intersection.

Altice had served with the fire department since 1963 and was fire chief from 1977 to 1984. Dillon, who had served as the fire chief for the last 20 years and had been associated with the fire department since 1977, also served on the town council for 24 years, including 10 years as vice mayor.

According to reports, the two men are believed to be the first Rocky Mount firefighters killed in the line of duty in the department's 97-year history.

Our thoughts and prayers are with the two firefighters and their families, and we honor these two individuals who served our community for many years.

Free Child Safety Seat Check

blog@www.davislawfirm.com (news Author)16404 — Thu, 22 Jul 2010 08:00:00 EST

Child injuries can have a devastating impact on Virginia families and our communities, and our children are especially vulnerable when they are passengers in cars. Take advantage of a free child safety seat check hosted this Saturday by the Franklin County Perinatal Education Center at the Rocky Mount McDonald's. The seat check will run from 10 a.m. until noon.

Virginia State Trooper Narrowly Escapes Disaster

blog@www.davislawfirm.com (blog Author)34406 — Wed, 30 Jun 2010 08:00:00 EST

The Roanoke Times reported that a California truck driver named Enrique Gonzales, 37, was being charged with reckless driving in a nearly disastrous traffic accident involving a Virginia State Trooper recently.

According to State Police, Kenneth Kozar, a 21-year-veteran of the force, was attempting to remove debris from the left lane of Interstate I-81 in Southwest Virginia near the Ironto rest area.

With his vehicle parked on the shoulder of the road and with its lights flashing, Kozar exited his car to remove a shred of tire that was a hazard for motorists in the left lane of the northbound highway. Gonzales, driving in the left lane, attempted to slow his truck as he approached the slower traffic ahead but was unsuccessful. He then pulled into the right lane, lost control of the truck and hit the guardrail. At that point, the truck fell to its side and crashed into the police vehicle which was still parked on the shoulder.

Seeing the truck driver lose control, Kosar ran across the highway past the shoulder, and leapt over the guardrail, rolling down a steep embankment to a swampy area well below the highway, just moments before the truck collided with his patrol car. Several drivers, including the driver of truck, climbed down to help Kozar up the steep embankment.

Police stated that they often remove dangerous items from the roadway, even though they are not required to do so.
Police didn’t know if the accident could have been avoided, but added that there were many vehicles on the road that were able to slow down and avoid incident, but the truck did not. According to police, inattentiveness behind the wheel is a factor in most crashes.

If you or a loved one has been injured in a Virginia car accident due to someone else's negligence or inattentiveness, you should contact an experienced personal injury 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 with Will Davis, call 540-483-5221.

CPSC Announces Recall of Two Million Cribs

blog@www.davislawfirm.com (news Author)15752 — Thu, 24 Jun 2010 08:00:00 EST

Because of ongoing concerns about the safety of so called drop-side cribs, the Consumer Product Safety Commission has ordered a recall of over two million cribs. The CPSC indicates that the cribs can cause infants to suffocate, become trapped or fall out of the cribs.

Seven companies were part of the recall, including Delta Enterprises Corp., Evenflo, Child Craft, LaJobi, Jardine Enterprises, Million Dollar Baby, and Simmons Juvenile Products Inc.

No deaths have been associated with the recalled cribs, though 16 infants have reportedly been trapped in the cribs. Since 2000, over 9 million drop-side cribs have been recalled, and they have been blamed for 32 infant and toddler deaths since that year and are suspected in another 14 deaths.

Ten Virginia Traffic Deaths During Memorial Day Weekend

blog@www.davislawfirm.com (blog Author)32787 — Thu, 03 Jun 2010 08:00:00 EST

According to an article in the Roanoke Times, Virginia State Police have confirmed 10 traffic-related deaths on Virginia roads during the recent Memorial Day weekend, including six who were not wearing seat belts. Three of the ten killed were motorcyclists who were wearing their helmets. One pedestrian was also killed.

Five of the traffic-related deaths over the weekend occurred in Southwest Virginia.

North Carolina resident Neil Canada, 38, was killed when his FedEx truck, pulling two 28 foot trailers, struck a guardrail on I-81 and crashed down an embankment. Canada, who was not wearing a seatbelt, was partially thrown from the cab and pinned under the truck. The accident occurred on Monday near Radford.

In another incident, a pickup truck driven by Matthew Walker of Danville collided with another truck at the intersection of Rt. 703 and Rt. 57 near Chatham. Walker’s mother, Elva Walker of Callands, was a passenger in her son's truck and died in the crash. She was not wearing her seat belt. Both Matthew Walker and the driver of the other vehicle were taken to the hospital with minor injuries. The police charged Walker with failure to yield.

In Pittsylvania County on Rt. 58, 51-year-old Norfolk resident Susan Beth Arnold was killed when her vehicle ran off the road and overturned. State Police confirmed that she was not wearing a seat belt and was ejected from the vehicle.

Davis, Davis, Davis & Davis extends its condolences to the families and loved ones of the motorists who lost their lives on Virginia roadways this past weekend.

Virginia State Police report that they investigated 646 crashes and issued over 10,000 citations during the four day holiday weekend which ended Monday. They also reported that 1,314 individuals were not wearing seat belts. During the weekend the police stepped up enforcement with Operation CARE (Combined Accident Reduction Effort) which increases the number of officers on patrol throughout the state.

If you or a loved one has been injured in a Virginia car accident, you should contact an experienced personal injury 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 with Will Davis, call 540-483-5221.

Glade Hill Woman Dies in Car Accident on U.S. 220

blog@www.davislawfirm.com (blog Author)30586 — Mon, 26 Apr 2010 08:00:00 EST

A tragic accident claimed the life of a Franklin County woman this past weekend.

Jennifer Lorraine Angell of Glade Hill died Saturday night at the scene of a single-vehicle crash on U.S. 220.

According to Virginia State Police, Angell, 23, was a passenger in a car driven by Chad Allen Burnopp, 23, of Rocky Mount, when it struck a utility pole. Police say Burnopp lost control of his 1994 Honda Civic during heavy rain as he was traveling north on U.S. 220, just north of Boones Mill.

After spinning, the vehicle left the road and then struck the pole on the driver's side. Police indicate that Burnopp was traveling too fast for the road conditions and that neither he nor Angell was wearing a seatbelt at the time of the wreck.

Burnopp suffered serious injuries in the accident and was taken to Carilion Roanoke Memorial Hospital.

Police are still investigating and said charges are pending. Angell's death marked the second fatality in 2010 on Franklin County roads.

Davis, Davis, Davis & Davis, P.C. would like to extend its deepest sympathies to the Angell family during this difficult time.

Motorcyclist Killed on U.S. 220

blog@www.davislawfirm.com (blog Author)29638 — Wed, 07 Apr 2010 08:00:00 EST

A Martinsville resident was killed Tuesday morning when the motorcycle he was riding was struck by a car on U.S. 220 south of Martinsville.

Drew M. Thomson, 58, was riding southbound on U.S. 220 just north of Route 966 on his 2009 Harley Davidson Fat Boy Motorcycle when a car pulled out of the Big Lots parking lot and collided with his cycle.

Thomson, who died at the scene, was wearing a helmet, according to Virginia State Police.

The law firm of Davis, Davis, Davis & Davis, P.C., has been assisting injured people in Southwest Virginia since 1891. As long-standing members of the local community, we take any injury of yours personally. If you've been injured in a motorcycle accident or lost a loved one due to a motorcycle accident, 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 Will Davis.

Missing Boaters Safe After Capsizing on Roanoke River

blog@www.davislawfirm.com (blog Author)28794 — Tue, 23 Mar 2010 08:00:00 EST

Two boaters -- David Pryor, 25, and his brother, Daniel, 18, were found safe Monday night after their boat had capsized on the Roanoke River.

A dozen Roanoke Fire-EMS workers had searched the water in the area of 13th Street, near the Jamestown Apartments in Southeast Roanoke, in an effort to find the two men after witnesses reported seeing them go under after their boat flipped over in the rough water.

Unaware that the two men had made it safely to the bank of the river and then gone home to change into dry clothes, rescue workers were about to embark on a more intensive search for the boaters when the two men arrived back at the scene.

The men, who were unharmed, were charged for not wearing life-vests in the river, according to Conservation Police.

While this boat accident had a good ending, far too often that is not the case. With rivers and creeks currently running high as well as the promise of warmer weather and increased boating activity on local waterways such as Smith Mountain Lake, the Davis Law Firm urges all boaters to use caution, always wear life-vests and follow all safety guidelines.

The law firm of Davis, Davis, Davis & Davis, P.C., has been assisting injured people in the areas of Roanoke and Franklin County, Virginia since 1891. As long-standing members of the Southwest Virginia community, we take any injury of yours personally. If you've been injured in a boating accident or any other type of accident, 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 Will Davis.

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

blog@www.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?

blog@www.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

blog@www.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

blog@www.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.

Free Boating Safety Class Offered

blog@www.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.

Virginia Traffic Deaths Reach New Low in 2009

blog@www.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

blog@www.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.