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Norfolk Personal Injury Law Blog

What are the laws against elder abuse in Virginia?

In the United States, each and every state has laws concerning the abuse of elderly people. There is a system in place that allows for the reporting of abuse and for the investigation of said abuse. In many states, victims have a civil cause of action they can use to seek compensation and a remedy to the situation.

In Virginia, the abuse of an elderly person is a crime. If someone you love has been abused in a nursing home, you'll need to report the abuse to the state's adult protective services agency. You may also want to report the abuse to the nursing home itself and then speak with a legal representative. If the allegations are founded on facts, then the state's agencies will respond to them by offering appropriate services to the victim. Some of those services may include counseling, special transportation services or placement in a new residential setting.

Serious representation needed in all DUI cases

In our last post, we touched on some of the basic drunk driving facts for the Commonwealth of Virginia. In that post, we discussed how age, gender and other factors can affect the blood alcohol concentration of motorists. Toward the end of the post, we touched on some of the penalties that people convicted of a drunk driving charge might have to endure. Community service, ignition interlock devices, fines and jail time were some of the ones mentioned.

On top of the criminal penalties that come with a conviction, there are also other consequences that can drastically alter a person's life. A dramatic increase in car insurance rates, for example, will likely impact your bank account. A loss of your driving privileges might affect your ability to go to work or do simple errands like getting groceries.

Some facts about drunk driving in Virginia

The Commonwealth of Virginia considers anyone operating a motor vehicle with a blood alcohol concentration above 0.08 percent to be legally drunk. This means that a person's motor skills such as distance judgments, coordination, response times and overall driving abilities are diminished to a point where they have become a safety hazard to other motorists.

According to the National Highway Traffic Administration, over a million DUI arrests are made each year across America. Those most likely to offend are younger drivers typically between the ages of 21 - 34. That demographic represents nearly half of all alcohol-related crash fatalities nationally.

Can you seek compensation for a truck accident in Virginia?

Commercial trucking accidents can cause deaths or serious injuries any time they take place. The weight of a vehicle of that size is able to crush passenger vehicles and motorcycles even in minor truck accidents, leaving the victims scarred and wounded. On top of that, many commercial vehicles carry flammable and hazardous materials that may spill onto the roadways and cause injuries to unfortunate victims.

A commercial truck can weigh 80,000 pounds or more, while a passenger vehicle weighs only around 3,000. The size difference is enough to lead to more serious accidents, and larger trucks are harder to stop in emergency situations. The accident itself can be caused by many factors like blind spot hazards or negligence, but the results tend to be extreme.

Criminal charges filed in missing co-ed case in Virginia

By now, almost everyone around the country has heard of the arrest of the man in connection with the missing University of Virginia student. The man has been charged with kidnapping with intent to defile in that case. Now, officials are potentially linking him to other criminal activities.

The man has been linked to a 2009 murder, according to Huffington Post. Some people are going as far as questioning whether the man was part of other incidents. The FBI and other law enforcement officials are going to try to determine if the man did have a part in those other crimes.

Signs of elder abuse violate Virginia laws

Many recent advances in medical science means that many of us will enjoy more time to share life experiences with our parents as the lifespans of average adults continues to increase. Sadly, the fact that people are now living longer also means that many individuals will also develop some of the mentally and physically incapacitating diseases and disorders normally associated with advanced age.

In some cases, the best option for children with parents suffering from these afflictions is to place their loved ones in a nursing home or skilled care facility. The majority of these institutions treat their patients with compassion and dignity. However, there are some such places that cut corners by hiring insufficiently trained staff members to care for the people placed in their care. Still, other nursing home facilities will attempt to save money by intentionally understaffing the number of care providers per facility residents.

Motorcyclists in Virginia: Injuries caused by reckless drivers?

Riding your motorcycle has many benefits; you feel the breeze against your skin, you get to be closer to the elements, and you spend less on fuel. Unfortunately, as a rider, you have a higher risk of being injured on the road by dangerous and neglectful drivers. As a rider, you have less protection against vehicles, and that can lead to serious, potentially life-threatening injuries if you're hit.

There are several reasons motorcyclists could be struck in the roadway. Motorists sometimes don't give them enough room on the roads, or the vehicles may strike the motorcyclist due to failing to yield to the right of way. Intersection accidents can also happen, some of which could be caused by a failure to see the motorcyclist or failing to judge the correct distance between the driver and motorcyclist.

Are all birth injuries preventable?

When you discover that your baby was injured during birth, you might wonder if the choices the medical professionals made led to those injuries. In some cases, the injuries might have been unavoidable. In other cases, the injuries could have been avoided if the medical team had made different choices. Readers in Virginia might be interested in learning the differences between avoidable and unavoidable birth injuries.

What kinds of birth injuries aren't preventable?

Some facts about Virginia law for those facing rape charges

Virginia state laws are strict against the crime of rape. Rape as it is defined by the state, happens anytime a person has sexual intercourse with another against that person's will by force, threat or intimidation against the actual victim or another person. Additionally, a rape is deemed to have occurred when one person has sexual intercourse with a victim who is mentally incapacitated, physically helpless or a child under the age of 13.

A person convicted of rape in Virginia can receive a sentence ranging anywhere between a minimum of five years in prison to life in prison.

What are the DUI charge penalties in Virginia?

The DUI law in Virginia is defined as driving under the influence by having a blood alcohol content of 0.08 or higher when you're over the age of 21. If you're younger than 21, a 0.02 percent or higher BAC will also result in a DUI charge. If you are a commercial driver, you can face a DUI for having a BAC of 0.04 percent, even if you aren't on the job at the time you're pulled over.

There are also several kinds of alcohol-related crimes you can be charged for. These include having open alcohol containers in your vehicle, misrepresenting your age when drinking, possessing alcohol when you're on school property (dry campuses and high schools) and buying alcohol for a person under 21.

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