Attorney Blog

Dad Leaves Kids Home Alone to Buy Drugs

Mon, 30 Jan 2012 08:00:00 EST

Sometimes you just really want to get high. Lennell Holloman, a 27-year-old man from Suffolk, is accused of leaving his three young children alone at home so he could go across town and buy marijuana, reports WTKR TV.
A Suffolk police officer saw what he thought was a drug deal go down on E. Washington Street. When the officer approached Holloman, the officer discovered 12 baggies full of marijuana in his pockets.
After he was arrested, Holloman asked to make a phone call. The reason being that he had left his kids home alone. The police went to Holloman’s home to check it out and found that he did in fact leave a 4-year-old, 3-year-old, and 1-year-old alone so that he could buy pot, reports WTKR. The children were unharmed and police have no idea how long they were left unsupervised.
Lennell Holloman will now have to deal with a Child Protective Services (CPS) investigation along with his drug charges. For the drug charges, Holloman could be sentenced to jail. For leaving his kids alone, Holloman could potentially lose custody of his children.
Losing custody of your children is obviously a big deal. If the facts are true, Holloman was an idiot leaving his kids alone to buy marijuana. But should Holloman lose his children for that offense? The CPS will likely look into a lot of factors to determine the best interests of the children and whether they are safe in Holloman’s care. Holloman will need a good family law attorney to argue that while he made a mistake, he should not lose his kids.
If you or someone you know is in a position where they are subject to a CPS investigation, you should see experienced child custody attorney Michael Weisberg to ensure that your rights are protected and that your child is not removed from your care.

Man Arrested for Pizza Robberies Says He's Innocent

Mon, 30 Jan 2012 08:00:00 EST

Brandon Smith will be spending his birthday behind bars after he was arrested for robbing a Chesapeake, VA Papa John’s pizza delivery driver. There have been a spate of robberies involving pizza delivery people recently including the shooting of a Newport News pizza worker who is now in critical condition, reports WTKR TV.
This most recent robbery occurred at around 8:30 p.m. Monday night, and the female pizza employee said she had been robbed while making a delivery in the 1100 block of Merchant’s Way.
When cops got to the scene, they saw two men they suspected of being the robbers run into a nearby home. After a search, they arrested Brandon Smith and his friend, Brian Faulcon. Smith, a volunteer high school basketball coach, says police have the wrong man and that he had nothing to do with the robbery. He says that he had just gotten out of a car and may have looked suspicious because he was wearing a hoodie.
If convicted of robbing the pizza delivery person, Smith could face between five years and life in prison for the offense. So it’s critical for Smith to hire an experienced criminal defense attorney.
All too often, police arrest the wrong guy or there is a mistaken identity that leads to serious penalties. If you have been wrongly accused of a crime or are otherwise involved in a criminal matter, you will want experienced Norfolk criminal defense lawyer Michael Weisberg to represent your interests and help ensure you do not do the time for a crime you did not commit.

Father to Lose Custody of Daughter he Whipped 82 Times?

Mon, 30 Jan 2012 08:00:00 EST

Child custody can be a messy business in Virginia where a court will normally make the difficult decision based on the “best interests” of the child. Every once in a while, this decision can be easy as a court will be presented with a set of facts that so favor one parent having custody of the child over the other.
In Suffolk, VA Victor Gomez, a 29-year-old father, was accused of hitting his 13-year-old daughter 82 times with a belt as the teen’s step-mother stood by and watched. The child sustained serious bruising and welts on her back, buttocks, and legs, reports WTKT TV.
The child was removed from the home by Child Protective Services, and Gomez was charged with felony counts of abuse and neglect.
It wasn’t reported if the girl’s biological mother was seeking custody of the girl, but if she is, the facts seem to favor her. In a child custody dispute, the court will look to the best interests of the child by considering the following factors:

- age and physical and mental condition of the child
- age and physical and mental condition of each parent
- relationship between each parent and child
- needs of the child such as relationships with siblings, peers, and extended family members
- role that each parent has played and will play in the upbringing of the child
- propensity of each parent to support the child’s contact and relationship with the other parent
- willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child
- preference of the child
- any history of family abuse or sexual abuse
Certain factors will be given more weight depending upon the circumstances of each case. If Victor Gomez faces a child custody hearing, a court will likely consider the 82 lashes he doled out to his daughter more than any other single factor.
There is no exact science to Virginia child custody laws. Because of this uncertainty, you will need experienced Norfolk child custody attorney Michael Weisberg on your side to ensure that the best interests of your child are represented.

Unidentified Pedestrian Injured When Struck by Truck in Portsmouth

Sun, 29 Jan 2012 08:00:00 EST

On the evening of Tuesday, December 20th, 2011, a pedestrian was walking in the intersection of Turnpike Road and Frederick Boulevard in Portsmouth, Virginia, when a truck stuck the male victim. The accident occurred in the 2800 block of Turnpike Road.

According to police reports, the pedestrian was walking in a poorly lit area at approximately 9:00 PM when he was hit by a Dodge truck. The driver of the truck immediately stopped his vehicle and called police. When the police arrived at the scene, the victim was lying in the street unconscious. The victim suffered from head trauma as a result of the motor vehicle accident, and emergency medical personnel transported the male victim to a local hospital Sentara Norfolk General Hospital. Officers were initially told that the man had died from his injuries, but the following morning investigators were informed that the victim was, in fact, alive.

According to police spokeswoman Jan Westerbeck, traffic investigators are still trying to determine exactly what happened with regard to this motor vehicle accident. The victim’s name and information on his condition have not been released.

If you or a loved one has been involved in a motor vehicle accident in southeastern Virginia, whether as a driver or a pedestrian, call Michael S. Weisberg, P.C. Attorney Weisberg has been representing clients involved in motor vehicle crashes for several decades. Call the law office toll free at (800) 690-0235, or complete the contact form on this page to speak with an experienced Norfolk car accident lawyer.

Man Dies and Suspect Apprehended in a Virginia Beach Hit and Run

Sat, 28 Jan 2012 08:00:00 EST

A suspect who struck and killed a pedestrian in Virginia Beach while fleeing from the police on Monday, January 2nd, 2012, is now in custody. The suspect (Ronald Lee Perkins, Jr., 38, of the 4700 block of Teal Duck Court in Virginia Beach) is facing several charges, including homicide, hit and run, and eluding police.

According to police spokesman Sergeant Brian Ricardo, Virginia Beach police spotted an unoccupied burgundy vehicle near South Military Highway matching the description of a vehicle involved in a Portsmouth, Virginia, robbery. At approximately 11:00 PM, police watched Perkins get into the vehicle and drive away. When police attempted to pull Perkins over, he fled by turning onto Northampton Boulevard. At that time, he hit innocent pedestrian Raymond Rogers, Jr. and then continued to flee the scene. A number of officers stopped to help Rogers, who was 49 years of age and from Providence, Rhode Island. Sadly, Rogers died at the scene.

The police then found Perkins’ abandoned vehicle in the 3500 block of Bertha Street in Norfolk. At approximately 6:20 AM, on January 3rd, 2012, a Bertha Street resident found an unknown man sleeping in his van and contacted the police. The police identified the man as Perkins.

Perkins is being held without bond and also faces a robbery charge in Portsmouth from a theft at a local GameStop on December 27, 2011.

Our deepest sympathies go out to the family members and friends of Raymond Rogers, Jr., who have been impacted by this tragic event.

Sergeant Faces Involuntary Manslaughter for Fatal Car Crash in VA

Wed, 25 Jan 2012 08:00:00 EST

In December, 2011, Jesse Evans was accused of driving the wrong way down I-64 and killing two young women in a horrific car accident. Police say alcohol played a role in the accident, and this month Evans learned that he will be facing two counts of involuntary manslaughter for killing 19-year-old Sierra Smith and 17-year-old Kimberly Brin, college roommates.
Evans was a former Army staff sergeant based out of Fort Eustis. He was previously convicted of a drunk driving episode back in September and he is currently serving time in the Newport News City jail for that offense, reports WVEC TV.
If convicted of the two involuntary manslaughter charges, Evans can expect a significant increase in his prison stay.
Generally, someone convicted of involuntary manslaughter while driving drunk faces a class 5 felony charge and could be sentenced to a jail term between one and ten years.
In extreme circumstances, if the drunk driver displayed a complete reckless disregard for human life, the driver can face an aggravated involuntary manslaughter charge and up to 20 years in jail.
In Jesse Evans’ case, while the former army staff sergeant had a previous DUI conviction to his name, he was only charged with the lesser involuntary manslaughter charge. If convicted of the crime, the sentencing judge may consider his past record and give him a penalty closer to ten years than one year for each manslaughter charge.
The penalties for a drunk driving death or injury can vary a great deal depending upon the facts and circumstances of the crime. If you have been charged with drunk driving or seriously injuring another while driving drunk, you will want to speak with experienced DUI attorney Michael S. Weisberg to help explain the penalties you face and possible defenses to your charge.

Charisse Turner Killed in Norfolk Car Accident

Tue, 24 Jan 2012 08:00:00 EST

A 40-year-old Portsmouth woman, Charisse Turner reportedly got a flat tire while she was driving her 1993 BMW near the Northampton Blvd. exit on I-64. She pulled over to the shoulder and another driver offered to provide assistance. Turner got out of her car and spoke to the Good Samaritan. As she walked back to her own car, another vehicle driven by Jonathon Hueneman lost control, ran off the side of the road, and struck Turner, killing her.
In causing the accident, Hueneman was charged with reckless driving though it is not believed that alcohol played a role in the crash. Along with the criminal charges, Hueneman may also have to deal with a wrongful death lawsuit.
Liability for a car accident is usually determined by which party was careless or negligent in causing the crash. If one driver was responsible for the accident such as by driving recklessly, texting and driving, or driving drunk, that driver may have to pay the injured party (or the survivors of a dead party) a significant amount to compensate for the injuries.
Jonathon Hueneman faces criminal liability for killing Charisse Turner in the fatal Norfolk car accident. He may soon face a civil lawsuit as well.
Those who injure others while driving recklessly should have to pay for the damage they cause. If you have been injured in a car accident, you may want to speak with Norfolk car accident attorney Michael Weisberg to learn your rights.

Young Driver Killed in Tragic Motor Vehicle Crash in Hampton, Virginia

Mon, 16 Jan 2012 08:00:00 EST

A tragic motor vehicle accident occurred in Hampton, Virginia, on Wednesday, December 21^st, 2011, which took the life of a 22-year-old driver. William Bradley Hicks, of the 100 block of Taurus Court in Yorktown, died at the intersection of Magruder Boulevard and Hampton Roads Center Parkway in an unfortunate early-morning crash.

According to Hampton Police Spokeswoman Allison Quinones, the police received a call at 5:22 AM, after Hicks’ Acura Integra was hit by a Chevy Silverado. The police arrived at the scene and determined that the Acura Integra, which was traveling southbound on Magruder Boulevard, was hit when a northbound Chevy Silverado tried to make a left turn onto Hampton Roads Center Parkway. The Chevy Silverado crashed into the Acura Integra at the intersection. Sadly, medics pronounced Hicks dead at the scene.

The investigation into this fatal crash is still ongoing and is being conducted by the Hampton Police Division’s Fatal Crash Team.

This is a very unfortunate accident; we extend our deepest condolences to the family and friends of William Bradley Hicks who have been impacted by these tragic events.

If you or a loved one has been involved in a motor vehicle crash in southeastern Virginia, contact Norfolk car accident lawyer Michael Weisberg for assistance. Call the law office toll free at (800) 690-0235.

Would You Put a Loved One in a Large For-Profit Norfolk Nursing Home?

Thu, 12 Jan 2012 08:00:00 EST

Selecting the best nursing home for your loved one is a difficult decision. Sadly, a recent study from the University of California in San Francisco indicated that the largest for-profit nursing homes in the United States have the most significant deficiencies due to low staffing levels. This impacts the level of care your loved one receives and leads to serious issues involving nursing home abuse and neglect. If you suspect nursing home abuse, then you should contact a Norfolk nursing home neglect attorney immediately.

So how do you determine which Virginia nursing home is best for your family member or other loved one?

Have your loved one evaluated to determine his/her physical and mental status and to learn his/her needs.
Other than level of care, determine what is essential in selecting a nursing home, such as location and cost of care. Read the “fine print” to understand what the cost includes and what is extra.
Evaluate each facility during the day and in the evening – What are the patients doing? Are they kept busy? Are there recreational and socialization opportunities? Is the facility kept clean? Are the rooms and bathrooms clean? Are the dining areas and kitchen clean?
Determine how the staff handles sick patients.
Find out if there is a physician on-site or a 24-hour emergency response system.
Determine the ratio of staff to patients, both during the day and at night.
Talk to the residents – ask them about their experiences in the nursing home. Observe their mannerisms and behavior, and determine if, in your opinion, they appear well kept and well cared for.

Selecting an appropriate nursing home in Norfolk takes time and serious consideration. Finding a suitable nursing home may also be difficult due to availability, as this is oftentimes based on the number of open beds in a facility. While it is a difficult decision, if a loved one requires 24-hour care, then a nursing home may be the only option.

Contact Norfolk nursing home neglect lawyer Michael Weisberg if you have questions about your loved one’s care. Call the office toll free at (800) 690-0235.

Virginia State Trooper Recovering After Near-Fatal Crash in Kiptopeke

Fri, 06 Jan 2012 08:00:00 EST

On Wednesday, November 23^rd, 2011, shortly after 10:00 AM, Trooper Lane Edward Farlow was parked and conducting speed enforcement on US Route 13 in Kiptopeke, Virginia, when Jose Evans crashed into his police cruiser. Evans, 49, of Winterville, NC, was traveling southbound with passenger Victoria Poynter, also of Winterville, NC. Evans was driving just north of the Chesapeake Bay Bridge Tunnel at approximately 65 mph, when Evans’ 2003 Nissan Murano ran off the left side of the road and crashed into Farlow’s vehicle. At the time of the crash, Farlow was parked in the grass at the intersection of Latimer’s Bluff Road, facing eastbound. Evans struck the left front wheel of Farlow’s vehicle, and the Murano went halfway into the cruiser’s engine compartment.

According to state police spokesperson Sergeant Michelle Anaya, Farlow was sitting in the cruiser at the time of the crash, which went spinning and landed in a ditch after it was hit. Farlow was knocked unconscious, and an unidentified 33-year-old Maryland man called the state police dispatch from the cruiser’s radio. Virginia State Police and EMS responded to the call. Both Farlow and Evans were airlifted to Sentara Norfolk General Hospital, while Poynter was taken to Eastern Shore Hospital.

Farlow suffered serious but non-life-threatening injuries and has since been released from the hospital. Evans and Poynter also suffered non-life-threatening injuries.

According to police, alcohol was not a factor in this near-fatal crash, but Evans has been charged with reckless driving.

Call Norfolk car accident lawyer Michael Weisberg if you or a loved one has been in a motor vehicle crash. Contact the office toll free at (800) 690-0235.

Police Charge Two in Five-Vehicle Crash in Chesapeake, Virginia

Thu, 05 Jan 2012 08:00:00 EST

A serious crash occurred on Sunday, December 4^th, 2011, at approximately 2:30 PM in Chesapeake, Virginia. The collision involved five vehicles and sent six people to the hospital.

According to Chesapeake police spokeswoman Kelly O’Sullivan the accident took place at the intersection of Battlefield Boulevard and Wal-Mart Way. Five vehicles were stopped behind one another at a red light, heading northbound on Battlefield Boulevard, when a vehicle driven by Rosa Nolbia Lopez, 41, of the 2600 block of Yale Court, failed to stop and crashed into the last vehicle. As a result, the vehicles rear-ended one another.

Lopez was charged with reckless driving and driving without a license.

One of the vehicles that had stopped at the red light included a four-year old girl, who was not wearing a restraining device and was transported to the hospital with serious injuries. The driver, Humberto Ramos De La Cruz, 31, was charged with driving without a license and failing to secure a child in a child restraint. The young girl is expected to recover.

The other five motorists transported to the hospital were released.

Contact Attorney Michael S. Weisberg if you or a loved one has been involved in a motor vehicle crash in Southeastern Virginia. Call the law office toll free at (800) 690-0235 for a free, no-obligation consultation with an experienced Norfolk car accident lawyer.

Hit Crossing a Virginia Road? A Norfolk Car Accident Lawyer Can Help.

Mon, 02 Jan 2012 08:00:00 EST

Imagine you were hit by a car while crossing the street in Virginia, suffering significant physical injuries and emotional distress. In fact, the injuries have kept you from returning to work. When the accident took place, you were not crossing the roadway on a designated crosswalk.
Who is at fault in this Norfolk car accident?
The Virginia Department of Motor Vehicles has laws covering both drivers and pedestrians. One important law indicates that crossing the roadway at any point other than a crosswalk is considered jaywalking, which is illegal in the Commonwealth. If there is no crosswalk, a pedestrian should cross the street from one corner to another, where a crosswalk would normally be painted.
Drivers must stop for pedestrians in the crosswalk, regardless of who has the right of way. Therefore, even if an intoxicated pedestrian is not paying attention while crossing the street and crosses against a “do not walk” sign, drivers are required to stop.
However, you may still have a claim and should contact a Norfolk car accident attorney if you have been hit while crossing the roadway, regardless of whether or not you were using the crosswalk. Virginia law requires a driver to always stop for pedestrians, no matter where the pedestrians were crossing the street. An experienced Norfolk car accident lawyer will examine the case and determine whether negligent driving was a factor in your situation.
In a Norfolk car accident case, an attorney can show that the negligent driver was:

Driving while intoxicated
Driving while distracted (talking, texting, eating, applying makeup)
Falling asleep at the wheel
Speeding
Insufficiently maintaining the motor vehicle

Therefore, even if you were not in a crosswalk at the time you were hit, you may still file a civil claim for damages against the driver. Call Norfolk car accident attorney Michael Weisberg at (800) 690-0235, or complete the contact form on this page for a free consultation. Our attorneys are here to speak with you about your case.

Virginia Beach Twenty Year Old Dies Tragically in Motorcycle Crash

Tue, 20 Dec 2011 08:00:00 EST

On November 13^th, 2011, a tragic Virginia Beach motorcycle accident took the life of Joshua William Wimberly, who was only 20 years old at the time and lived in the 3200 block of Dunnbury Court.

According to Virginia Beach Police Spokesperson Grazia Moyers, shortly after 3:00 PM on Sunday, Wimberly was traveling north on his motorcycle in the 1100 block of Lynnhaven Parkway, near the intersection of Holland Road. Wimberly’s motorcycle struck a blue Ford Expedition SUV in the left rear quarter panel when the SUV was turning right onto Lynnhaven Parkway from a parking lot. Sadly, Wimberly suffered head injuries and, according to medics, died at the scene.

The investigation is ongoing and will be reviewed by the Office of the Commonwealth’s Attorney for any possible charges, but alcohol does not appear to be a factor at this time.

Motorcycle accidents can occur any time of the year in Virginia. If you or a loved one has been in a motorcycle crash, contact Norfolk motorcycle accident lawyer, Michael Weisberg, at (800) 690-0235.

Newport News Drivers Aggravated with Busy Intersection Traffic Light

Fri, 16 Dec 2011 08:00:00 EST

Frustrated drivers in Newport News, Virginia believe that they are being unfairly ticketed due to a traffic light malfunction at Oyster Point Road and Jefferson Avenue. Local drivers feel that the light is set incorrectly because the yellow light turns red before they can even get through the intersection. The Oyster Point Road and Jefferson Avenue intersection is a large intersection with eight lanes.

The Virginia Department of Transportation sets the standard as to how long a light will stay yellow, which is 3.6 seconds for a 35 mph approach like the one found at Oyster Point Road. However, one local driver, Villa Sutton, indicated that the light changes so quickly that she gets scared because drivers are not given enough time to drive through the light. Sutton, in fact, was ticketed for $50 and she was also sent a picture to show the traffic violation.

In addition, another Newport News driver, Rose Cloud, was so frustrated with the traffic lights that she conducted her own testing. 13News also did its own testing using a stopwatch. Both testing results indicated that drivers had more time at less congested intersections to drive through the yellow lights in Newport News.

According to a city spokesperson, while this intersection is the most popular intersection for drivers running red lights in Newport News, the Virginia Department of Transportation does not have any plans to change the traffic light settings.

If you have been in a car accident or ticketed for a traffic violation in southeastern Virginia, contact Norfolk car accident lawyer, Michael Weisberg, at (800) 690-0235 for immediate assistance.

51-Year-Old Man Dies in Fatal Crash at Virginia Beach Intersection

Wed, 14 Dec 2011 08:00:00 EST

A fatal motor vehicle accident in Virginia Beach on Saturday, October 29^th, 2011, claimed the life of 51-year-old Qi Hua Wong, who lived in the 1900 block of Evar Place in Virginia Beach. According to police, Wong, who was driving a 2010 Toyota Sienna minivan heading north on Corporate Landing Parkway at approximately 8:15 AM, ran a red light turning left onto Dam Neck Road. At the same time, a 2004 Dodge Dakota pickup truck was heading east on Dam Neck Road and had a green light entering the intersection. The Dodge Dakota was unable to stop at the light and crashed into the Toyota Sienna.

Wong was transported to Sentara Virginia Beach General Hospital and died from his injuries the following day. Wong was wearing his seatbelt at the time of the crash. The driver of the Dodge Dakota received treatment for only minor injuries.

According to police, neither alcohol nor speed was a factor in this fatal crash.

Our deepest condolences go out to the family and friends of Qi Hua Wong at this difficult time.

If you or a loved one has been in a Virginia car accident, contact Norfolk car accident lawyer Michael Weisberg at (800) 690-0235.

How a Norfolk Car Accident Lawyer Brings Claims for Car Fire Damages

Wed, 14 Dec 2011 08:00:00 EST

Imagine driving along the roadway in Virginia when, suddenly, smoke starts billowing from the front of your car. You carefully pull over to the side and pop the hood to find that the engine has caught fire. You are confused, as you have never been in a motor vehicle accident, and you have always kept up the maintenance on the car. The damages from this fire can be costly. In a situation like this, do you have a claim against the manufacturer, the company that sold you the car, or even the mechanic who serviced your car?

While a car fire can be the result of an electrical or mechanical manufacturing defect, a case like this can be very complicated to prove. Therefore, it is important to contact a Norfolk car accident lawyer to determine who is at fault, as an experienced attorney will:

Obtain and review all of the information to determine the cause of the fire
Determine whether any of the parties owed you a duty of care and were negligent or did not exercise due care in either manufacturing or repairing/servicing the vehicle
If it is determined that one of the parties owed you a duty of care, was there a breach in this duty of care and did this breach cause the car fire? Or were there any other intervening events that could have caused the fire, such as a Norfolk car accident?
If it is determined that the party’s breach in the duty of care caused the car fire, your attorney will determine the damages, including costs to repair the car, costs of a rental vehicle and loss of personal property due to the fire.

If the fire was caused by a manufacturer’s defect, the seller may also be liable if he or she knew about the defect.

Motor vehicles are complex machines and there are many reasons why a car can catch fire, including problems with the battery, leakage, and overheating. Whatever the reason, if your car has caught on fire, call a Norfolk car accident attorney to discuss your case. Attorney Michael Weisberg has been representing clients in southeastern Virginia, including the greater Norfolk and Portsmouth areas, for over forty years. Call Attorney Weisberg toll free at (800) 690-0235, or complete the contact form on this page for a free consultation.

Untreated Depression in Norfolk Nursing Homes: It Will Make You Sick

Fri, 09 Dec 2011 08:00:00 EST

According to statistics from the National Institute of Mental Health, more than 14 million Americans suffer from depression each year. Sadly, many of those suffering include Virginia nursing home residents whose depression symptoms have gone untreated. When the short-term effects of depression escalate into long-term effects among elderly Norfolk nursing home residents, the impact on their lives can be devastating.

The short-term effects of untreated depression among Virginia nursing home residents include:

Loss of interest in daily life activities
Lack of motivation, enthusiasm, and energy
Feelings of loneliness and sadness
Over-sleeping

When these symptoms remain untreated, the symptoms become long-term effects that include:

Chronic fatigue
Low immune system leading to unrelenting illness
Chronic aches and pains
Relationships suffer because the nursing home resident can no longer express himself or herself
Loss of memory and attention

When a Norfolk nursing home resident’s depression has gone untreated and symptoms increase, who is at fault?

You pay for the best nursing home care you can possibly afford. If your loved one is in a Virginia nursing home and nursing home staff have failed to appropriately treat your loved one’s depression, contact an experienced Norfolk nursing home neglect attorney to discuss your case. The nursing home may be at fault.

For the past forty years, Attorney Michael Weisberg has been working hard to protect the rights of nursing home residents. Contact the law office of Michael S. Weisberg, P.C., at (800) 690-0235, so your loved one can receive the care he or she deserves. Talk to a Norfolk nursing home neglect lawyer today.

Eight-Year-Old Boy Hit by Car in Virginia While Getting on School Bus

Mon, 05 Dec 2011 08:00:00 EST

A child was hit by a car at approximately 7:30 AM on November 17^th, 2011 in Matthews County, Virginia. According to Virginia State Police, they responded to a call of a pedestrian being hit by a motor vehicle in the 17300 block of Route 14. When the police arrived at the scene, they found an eight-year-old boy had been hit by a car while attempting to get on his school bus.

The school bus was stopped at 17300 John Clayton Highway (Route 14), heading eastbound, when a Dodge Neon, driven by Robert L. Armellino, 69, hit the child. The lights and equipment on the school bus were active and functioning properly, but Armellino told police that he did not see the child or the bus. According to police, Armellino struck the child when he passed by the activated lights and stop sign on the bus.

The child was brought to Riverside Walter Reed Hospital in Gloucester and then transferred to Riverside Regional Hospital in Newport News. He was listed in serious condition at the time of the incident.

Armellino was charged with failing to stop for a school bus.

Our thoughts for a full and speedy recovery go out to this young boy.

If you or a loved one has been in a motor vehicle accident, contact Norfolk car accident lawyer Michael Weisberg at (800) 690-0235.

Newport News Parents Not Informed Immediately After School Bus Crash

Mon, 05 Dec 2011 08:00:00 EST

Several parents of special needs students in Newport News, Virginia were upset that they had not been immediately informed that the school bus transporting their children home had crashed into a tree. At the time of the accident, parents had only been informed that their children would be home a little later that day.

On the afternoon of October 19^th, 2011, the driver of a school bus filled with special needs students was bringing the students home from Woodside High School. The driver passed out, and the bus ran into a tree at Ft. Eustis Blvd and Woodside Lane. According to parent Tashia Smith, she was waiting for her son and had not been informed by the school district that the bus was in an accident. She found out by watching the four o’clock news and seeing a report of the crash. The school district finally informed Smith an hour and a half after the incident.

According to officials, the students on the bus were not injured. However, Smith indicated that her 16-year-old son Perry appeared shaken when he arrived home. Smith took her son to get checked out and reported that he was fine.

The school bus driver had been with the school system for ten years and was taken to Mary Immaculate for a medical emergency.

Unfortunate accidents occur on the roads in Virginia. If you or a loved one has been in a motor vehicle crash, call an experienced Norfolk car accident lawyer. Michael Weisberg has been representing clients involved in motor vehicle accidents throughout southeastern Virginia for several decades. Call Attorney Michael Weisberg at (800) 690-0235, or complete the contact form on this page for a free consultation.

Portsmouth Police Officer Charged With DUI After Late Night Accident

Sun, 20 Nov 2011 08:00:00 EST

Portsmouth police officer Jason Knorowski, 40, was placed on administrative leave after hitting a car in the parking lot of a 7-Eleven located at 725 London Boulevard in Portsmouth, Virginia. The accident occurred at 12:20 a.m. on Friday, October 28, 2011.

Knorowski, who is the president of the Southeast Chapter of the Virginia Police Benevolent Association, was driving his Jeep when he hit the driver's side door of a Ford F-150, causing minor damage. Knorowski was off-duty at the time of the accident.

Police were called to the scene and, after administering a series of tests, determined that Knorowski was driving while intoxicated. Police then arrested Knorowski on a DUI charge. Knorowski has been with the Portsmouth Police Department since 1998.

Nobody was hurt in the incident. The Portsmouth Police Department's Professional Standards Unit is conducting an internal investigation.

If you or a loved one has been in a Virginia motor vehicle accident or charged with driving under the influence, contact Norfolk car accident lawyer Michael Weisberg at (800) 690-0235. Attorney Weisberg has significant experience representing clients in southeastern Virginia who have been involved in car accidents and charged with DUIs.

Two Separate Virginia Motorcycle Accidents Result in Death of Drivers

Sat, 19 Nov 2011 08:00:00 EST

Two motorcycle accidents occurred in southeastern Virginia on Tuesday, October 18, 2011 - one in Norfolk and the other in Virginia Beach. Unfortunately, both drivers died in these separate accidents.

The first Virginia motorcycle crash happened at approximately 1:50 p.m. when the motorcyclist, Julian Ford, a U.S. Navy sailor, was riding his motorcycle in Norfolk. According to police spokesperson Chris Amos, Ford crashed the motorcycle into a guardrail at Terminal Boulevard and Ruthven Road and was thrown from the bike. Ford was taken to the hospital with life-threatening injuries and later died.

The second motorcycle crash occurred on West Neck Road near First Landing, in Virginia Beach. The motorcycle, driven by Chris Vargas Lorenzo, 18, of the 3700 block of North Landing Road, crashed into another motor vehicle. According to police, the collision occurred at approximately 5:30 p.m. when Lorenzo was heading southbound on West Neck Road. He crossed over the median, colliding head-on with a pickup truck. Lorenzo was pronounced dead at the scene. Neither speed nor alcohol was a factor in this accident.

Both accidents are still under investigation.

We offer our deepest sympathies in these sad times to the families of Julian Ford and Chris Vargas Lorenzo.

Spike in Number of Car Accident Deaths in Chesapeake

Fri, 18 Nov 2011 08:00:00 EST

There have been 19 auto accident fatalities in Chesapeake, Virginia since the start of 2011. The death toll from Chesapeake motor vehicle crashes has almost tripled since 2010 - and the year's not over yet.

14 of the collisions were caused by driver error.
The deaths have taken place throughout the city, from the rural roads to the busy intersections.
3 of the fatalities involved pedestrians
6 of the crashes involved alcohol.
8 of those who died were under the age of 30.

According to Chesapeake Lieutenant Johnny Day, there is no one specific reason for so many deaths this year. However, other cities in the Hampton Roads area have not seen such an increase.

In Portsmouth there have been 7 fatalities from car crashes in 2011, compared to 5 in 2010.
In Norfolk there have been 8 fatalities so far, which is one more than in 2010.
Virginia Beach has also seen a slight increase in the number of deaths due to motor vehicle accidents. So far there have been 19 fatalities, which is 2 more than in 2010.
Suffolk, however, has seen a decrease in the number of fatalities since 2010.

According to the Virginia Department of Motor Vehicles, the significant rise in the total number of deaths in Chesapeake is not the norm in the Commonwealth. In fact, the number of fatalities due to motor vehicle crashes has been decreasing steadily throughout Virginia for the past few years.

According to Day, Chesapeake is starting to become more aggressive with traffic safety and enforcement for speeding and seatbelt use. This is partially due to the number of deaths this year involving one or both of these issues. An emphasis has been placed on driving while under the influence as well. In addition, Day indicated that enforcement will be increased over the upcoming 2011 holidays.

Increase in Norfolk Nursing Home Neglect Cases Caused by Infections

Wed, 16 Nov 2011 08:00:00 EST

Nursing homes have important standards to meet in order to prevent the spread of germs that cause infections amongst the elderly patients in these facilities. While nursing homes have a responsibility to maintain a high level of infection control, staff do not always follow the proper precautions. As a result, germs spread freely from patient to patient or staff to patient.
The elderly do not have strong enough immune systems to fight off the infections caused by these germs. Most infections are caused by the spread of germs through hand-contact; the airborne transmission of germs is relatively low. In nursing homes throughout Virginia, an infection may also result from a resident ingesting food or water that is contaminated.
If your loved one has been susceptible to infections since entering a Virginia nursing home, he or she may be a victim of Norfolk nursing home neglect and abuse. Virginia nursing home infections are preventable through:

Proper hand hygiene for staff and residents
Thoroughly and regularly washing and bathing the residents
Using personal protective equipment such as disposable gloves, masks, gowns and aprons
Keeping clothing, bedding, personal items (such as tooth brushes), flooring, furniture and food areas clean
Proper management and disposal of needles
Cleaning and disinfecting patients' rooms
Keeping sick visitors from entering the facility

Watch for the following symptoms to help you determine whether your loved one has been subjected to continuous infections as a result of Norfolk nursing home neglect:

Subnormal temperature
Confusion
Fatigue
Decreased appetite
Dehydration
Headaches and achiness
Swelling
Skin infections and rashes

If you suspect that your loved one has been a victim of nursing home abuse in Virginia, contact Michael Weisberg, an experienced Norfolk nursing home neglect attorney. Call our office toll free at (800) 690-0235 or complete the contact form on this page to speak with a knowledgeable Norfolk nursing home neglect lawyer.

CLICK-IT-OR-TICKET!

Tue, 15 Nov 2011 08:00:00 EST

DRIVER'S BEWARE! Virginia State Police have now joined the Click-It-or-Ticket program that the local law enforcement started. While troopers and other law enforcement will still be enforcing all traffic laws, they will be paying special attention to seatbelts and proper child safety restraints.

The Click-It-or-Ticket campaign will begin Sunday November 13, 2011 and will go through November 20th. According to reports, as of October 31st of this year at least 257 people who died in car crashes were not wearing seatbelts. In 2010, 307 died in car accidents while not buckled.

Seatbelt safety obviously has been a major concern for state and local police force. Last year, Virginia State troopers ticketed 26,797 adults for not wearing their seatbelts and 7,135 adults for not having their children properly restrained.

My advice to you would be to buckle up, not only to refrain from getting a ticket but also for your own safety and the safety of others. While it is easy to forget or feel like you do not need it on that quick trip to the store, it is definitely not worth the risk.

If you or someone you know has been charged with a traffic violation with the Tidewater Area, please call or e-mail local Hampton Roads Attorney Michael S. Weisberg. He is located in the heart of downtown Norfolk next to Tidewater Community College. Please call or fill out a form on our website today for your free consultation.

Un-Occupy Norfolk

Tue, 15 Nov 2011 08:00:00 EST

The Occupy movement has spread nationwide in the past month or so, even here locally in Norfolk, VA. The Occupy Norfolk protestors set up their campsite in between the city's corporate building and the Confederate Monument. The organizer of Occupy Norfolk, James McPherson, 24, received a legal permit from the city to set up their campsite with a maximum of 30 protestors.

On Thursday, campsite occupants were woken up at 6 a.m. and told that they had three hours to remove their belongings. The people were unaware that they would be asked to remove their campsite so quickly. According to McPherson, he met with the Assistant City Manager and deputy city attorneys on Wednesday and was told that they keep the encampment until the Grand Illumination Parade on November 19th. So, Thursday morning was quite shock to all the campers. Many of the Occupy protesters believe the city handled the situation poorly. Six were peacefully arrested after the park was closed. The arrests happened around 9 a.m. when some of the protesters tried to get back in the encampment to retrieve their personal belongings. All six were given summonses and released. While the police were polite, the protestors still did not think the arrests were necessary. The protestors stated that their mission was not about having a permanent campsite but promoting their cause about bank reforms and stopping corporate influence in politics. Unlike many of other places around the states, Norfolk did not have any problems with the Occupy Norfolk tenure.

If you or someone you know has had a run-in with the police and are in need of representation, please call local Hampton Roads Attorney Michael S. Weisberg for help with your case. Call, e-mail or fill-out the form on the company website to set up your free initial consultation.

Chesapeake Area Counts 2011 Pedestrian Fatalities From Car Accidents

Fri, 11 Nov 2011 08:00:00 EST

A Chesapeake pedestrian accident occurred on Sunday, October 9, 2011, when a man was struck and killed by a car. The pedestrian, Joeray L. Suarez, was crossing North Battlefield Boulevard near the traffic light at Oak Grove Road at approximately 8 p.m. when he was hit by a sedan traveling northbound. Sadly, Suarez suffered from severe head trauma and was pronounced dead at Chesapeake General Hospital. Police indicated that speed, drugs and alcohol do not appear to be factors in this car accident.

Police are concerned as Suarez is the third pedestrian to be struck and killed by a car in Chesapeake this year. The number of pedestrian fatalities in the area is the highest it has been in four years. In addition, according to records from the Chesapeake Police Department, this is also the 18th traffic fatality this year.

Just six days prior to Suarez's death, Lovette Person, 35, was killed while directing traffic on Terry Drive in front of Western Branch Intermediate School. The first fatality of the year occurred on April 21, 2011, when Kelly Valentine, 13, was hit by a driver in a Honda Civic while crossing Cedar Road at Country Club Boulevard.

We extend our deepest condolences to the families and friends impacted by these tragic accidents.

No Charges Filed Against Virginia Beach Driver Who Hit Eight-Year-Old

Thu, 10 Nov 2011 08:00:00 EST

A car accident in Virginia Beach on Wednesday, October 5, 2011, resulted in life-threatening injuries to an eight-year-old girl, whose name has not been released. The young girl is a student at Princess Ann Elementary School.

At approximately 5:45 p.m., the girl was crossing in the 1800 block of Sandbridge Road in front of Red Mill Elementary; the driver of a sedan hit the girl.

The young girl had just left her father's car and was walking across the street to soccer practice. She was almost across when the sedan struck her on the right passenger's side.

The girl was flown to Sentara Norfolk General Hospital with life-threatening injuries. She is currently in stable condition.

According to police spokesperson Adam Bernstein, the young girl was not crossing the street on a crosswalk and the driver was not speeding. Sadly, the driver just did not see her before it was too late. Bernstein indicated that no charges have been filed against the driver as no laws were broken.

Our thoughts for a quick and full recovery go out to the young girl and her family.

In a Norfolk Car Accident With an Uninsured Driver? Protect Yourself.

Mon, 07 Nov 2011 08:00:00 EST

With the given economic climate, the number of uninsured motorists is a growing concern in Virginia. Approximately nine percent of all drivers in the Commonwealth are uninsured. If you are in a motor vehicle accident with an uninsured motorist, your uninsured motorist insurance coverage will allow you to recover damages if the uninsured driver is at fault.
If you have been involved in a Norfolk car accident with an uninsured motorist, it is important to note the following:

If the uninsured driver is at fault, a claim will be made against your insurance company in order to recover.
Your insurance company will retain a lawyer to represent the uninsured motorist.
The uninsured driver will be personally liable for the damages.
If it is determined that you are not at fault, your insurance company cannot raise your premium as a result of filing a Norfolk car accident claim.

We believe that to protect yourself and your family against uninsured motorists in Virginia, you should ensure that you have ample uninsured motorist insurance coverage. You may seek to get the highest amount possible for protection against a serious motor vehicle wreck caused by an uninsured driver.
If you have been in a motor vehicle accident in Virginia caused by an uninsured driver, contact a knowledgeable Norfolk car accident lawyer to help you through the process of filing a claim. Michael Weisberg, an experienced Norfolk car accident attorney, will fight for your rights and will work hard to help you fully recover. Call Attorney Weisberg toll free at (800) 690-0235 or complete the contact form on this page. We are ready to work for you.

Trouble at Atlantis

Thu, 03 Nov 2011 08:00:00 EST

Trouble at Atlantis Gentleman's Club yet again. Two people were injured early this morning in a shooting outside of the club. Police were notified around 1:30 a.m. of the shooting. According to reports, there was an altercation inside the club and some people were asked to leave. They left in their vehicle that was parked not too far from the club and at least two of them returned to the club and shot at the victims who were standing at the entrance of the club. One of the victims was an employee at the club. The shooters quickly sped away in their car down Oceana Boulevard. The police have no suspects or descriptions of the vehicles involved.

This is not the first criminal event at the Atlantis. Just last week Hampton Roads remembered the death of a Norfolk police officer who was shot not far from Atlantis a year ago. This past July, Atlantis Gentleman's Club was designated as an off limits business for all military members. In March, the police searched the premises regarding a possible drug distribution going on at the business. Let's hope that Atlantis takes the necessary precautions to improve the safety and reputation of their club.

If you or someone you know have been involved in criminal activity or have been injured by another, please contact Attorney Michael Weisberg for help and legal advice. He has been serving the people of Hampton Roads for over thirty years and would welcome the opportunity to help you with your particular situation. Please call or e-mail to set up your free consultation.

Military Members Fake Marriages for Cash

Mon, 31 Oct 2011 08:00:00 EST

Many young sailors struggle to make ends meet as they are low on the ranking totem pole. Justin James Robbins was one of these sailors. While aboard the amphibious assault ship Kearsarge, two fellow sailors told Robbins an easy way to get extra money from the government. They explained that he could stage a phony marriage with a foreign national and triple his salary rate and get housing allowance. They also explained that he could get extra money if he recruited others to enter into phony marriages. Prosecution said that 26 year-old Jermar Jones was the ringleader of the conspiracy on the Kearsarge which included four fake marriages between soldiers and foreigners seeking to remain in the United States.

Jones is on trial in the U.S. District Court here in Norfolk. He is facing 11 counts of conspiracy, marriage fraud, false claims, witness tampering and making false statements. Robbins did testify that he easily made the extra money and that he met his wife from Nigeria on their wedding day on October 13, 2005 at Norfolk City Hall. Robbins never had sexual relations with her and never lived with her. His wife returned to New York City where she had been living and eventually obtained a green card. She was arrested earlier this month on charges related to the 2009 indictment against Robbins and the others. Robbins pleaded guilty to theft of government property and must serve one year in prison and repay the government $57,700. The defense is trying to prove that Jones was not the ring leader of these phony marriages but with Robbins' as a witness and another witness who testified that she paid Jones $6,000 to arrange a phony marriage does not help Jones's case of innocence. Most of the sailors have since been discharged, but it is not clear if any of them remain in the service.

If you or someone you know has been charged with criminal activity, please contact your local Hampton Roads Attorney Michael S. Weisberg. He is located in downtown Norfolk and has been practicing law for over 30 years. Please call today and set up your initial consultation.

Man Found Guilty for Fatal DUI Accident

Thu, 27 Oct 2011 08:00:00 EST

The man responsible for the DUI crash that killed three people in August was found guilty today in the Norfolk Courts System. 32 year-old Craig Watson was convicted of three counts of aggravated involuntary manslaughter and driving under the influence. He crashed on the 1800 block of E. Indian River Road; the car went through a guardrail, multiple trees and landed in the front porch of a house. According to reports, Watson and three other men met four teenage girls at the Oceanfront. The group decided to rent a hotel room and drink and party past midnight. One of the young ladies made it safely home, and one of the men decided to stay at the hotel. The rest of the group decided to move to a different location, and Watson took the wheel of his friend's car. Prosecutors said that Watson was driving over 100 mph and that his blood alcohol content was more than three times the legal limit. The defense attorney said that Watson had control of the vehicle until one of the passengers grabbed the wheel and caused the crash. However, the jury still found Watson guilty and recommended a 25 year sentence, with eight years for each manslaughter charge and the maximum one year sentence for the DUI. Watson's formal sentencing will take place in January.

If you or someone who know has been charged with criminal activity or has been injured in a car accident, please contact your local Hampton Roads Attorney Michael S. Weisberg. He is located in the heart of downtown Norfolk and has been handling criminal and personal injury cases for multiple years. Please call and set up your free consultation today.

Virginia Car Accident Claims Life of Crossing Guard in Chesapeake

Wed, 26 Oct 2011 08:00:00 EST

A Virginia motor vehicle accident on Monday, October 03, 2011, took the life of Lovette T. Person, who was working as a crossing guard in Chesapeake, Virginia. Person was directing traffic at the intersection of Brittany Way and Terry Drive at 7:30 a.m. when she was struck by a red Toyota pickup truck. The driver, who was taking her son to school, said that she could not see Person standing in the middle of the road because the sun was in her eyes.

Person was transported to Sentara Norfolk General Hospital. Sadly, she died from the injuries sustained as a result of the crash.

Police are continuing to investigate the motor vehicle accident. At this time no charges have been brought against the driver.

Person, who was only 35 years of age, lived on the 1800 block of Summer Hedge Close in Virginia Beach. She had been working as a crossing guard for almost 18 months. Person was also an employee of the Chesapeake Police Department.

Our deepest sympathies go out to the family and friends impacted by this tragic accident.

Teenager Killed in Virginia Beach Drunk Driving Crash

Tue, 25 Oct 2011 08:00:00 EST

A tragic Virginia drunk driving accident occurred in the Pungo section of Virginia Beach on Saturday, October 1, 2011, which resulted in the death of one 19-year old passenger.

According to police spokesperson Jimmy Barnes, at 1:10 a.m. police arrived at a crash at the 3700 block of West Neck Road. They determined that a 2000 Nissan Xterra SUV, driven by Christopher A. Sell, had run off the road, struck a group of trees on the passenger's side and landed in a ditch. Sell, who is 19 years of age, is from the 2200 block of Rayburn Lane in Virginia Beach. There were also three others in the SUV, including William L. Keipe, 19, of Virginia Beach, who was riding in the backseat on the passenger's side. Sadly, Keipe was not wearing a seatbelt and died as a result of the collision.

Keipe and the passenger in the front seat, who had non life-threatening injuries, were transported to the Sentara Virginia Beach Hospital. The second passenger in the backseat was not injured.

Sell is being charged with driving under the influence, involuntary manslaughter, illegal possession of alcohol, and possession of an ID belonging to another. According to police, speed and alcohol were factors in the motor vehicle accident.

Our deepest sympathies go out to the family and friends impacted by this tragic accident.

President Obama Ends War in Iraq

Tue, 25 Oct 2011 08:00:00 EST

On Friday, President Obama declared that the war on Iraq is over and that all troops will be home before the New Year. Obama's announcement put an end to the discussion and rumors about whether he would let the war head in to 2012. But, Obama is keeping an election promise to end the war and bring the troops back home. Obama has held his promise of building a self-reliant Iraq and focusing the nation's attention on itself. The President said that both he and the Iraqi Prime Minister Nouri al-Maliki agreed on the decision to remove the American troops. Since the war started over nine years ago more than 4,400 American military members have been killed. There were discussions of keeping several thousand troops to continue training the Iraqi military, but Iraq refused to permit the American troops to have immunity in the Iraqi courts. With that lack of protection, the U.S. decided to pull out the troops; only a few will stay in correlation to the leaders in different U.S. Embassys. President Obama stated in his address to the country that "after a decade of war the nation that we need to build and the nation that we will is our own, an America that sees its economic strength restored just as we've restored our leadership around the globe."

In Hampton Roads, we have the privilege of knowing many military personnel and families. Attorney Michael S. Weisberg has had the privilege of helping many military service men and women in the Hampton Roads area. Please call and set up a free initial consultation today.

Mentally Handicapped Adults Held in Dungeon

Thu, 20 Oct 2011 08:00:00 EST

Four mentally handicapped adults were found in Philadelphia in what the police described as a basement dungeon. The four victims had the mental capacities of 10-year-olds. Authorities explained that the victims were chained to a boiler in a 15x15 foot basement. There was no sign of food; only some water, a bucket for the prisoners to use as a bathroom, a mattress, and a flat board with a pillow. Their captor, 50-year-old Linda Westen, posed as their caregiver and collected their disability benefit checks. Two of the victims have been with her for as long as 11 years. Westen has moved the victims from city to city; she collected the other two victims in February. Authorities have found that Westen also had two male accomplices, Eddie Wright, 51, and Gregory Thomas, 48. All three were charged with kidnapping, aggravated assault and false imprisonment. The malnourished victims were taken to the hospital for some much needed medical attention. Authorities are still trying to identify the prisoners.

If you or someone you know is in need of a criminal law attorney, please contact Attorney Michael S. Weisberg. Mr. Weisberg has been practicing law in Hampton Roads for over 30 years. Call today and set up your free consultation.

SUV Collides with Ambulance in Hampton, Killing Patient

Wed, 19 Oct 2011 08:00:00 EST

A motor vehicle accident occurred in Hampton, Virginia on Saturday, September 24, 2011 when a 2002 Chevy Suburban crashed into an ambulance at the intersection of West Mercury Boulevard and North Armistead Avenue. The collision occurred at approximately 8 p.m. when the ambulance was taking a critically ill 42-year old man to the Sentara Careplex. The patient being transported was from Hampton.

According to the Hampton Police Department, the collision caused the ambulance to flip on its side. Seven people were injured in this motor vehicle accident; six of those injured had non-life threatening injuries; four were from the Hampton Fire Department. Sadly, the 42-year old man died at the hospital.

The investigation is still on-going and the police are currently trying to determine the cause of the accident. The man's identity will not be released until the cause of death is determined.

We extend our deepest sympathies to the family and friends impacted by this tragic accident.

If you or a loved one has been in a Virginia car accident, contact Norfolk car accident lawyer, Michael Weisberg, for immediate assistance. Call toll free at (800) 690-0235 or complete the contact form on this page.

Statistics Show Seat Belt Use on the Rise in Virginia

Tue, 18 Oct 2011 08:00:00 EST

According to a study by Old Dominion in Norfolk, Virginia, seat belt use has increased throughout the Commonwealth. In 2010, the rate of seat belt use was 80.5 percent and this past year the rate has increased to 81.8 percent. While the highest rate recorded was in 2009, at 82.3 percent, this is still an improvement.

Reports indicate that, as of September 8, 2011, there were 448 traffic fatalities in Virginia this year. Sadly, 194 of the people who died were not wearing seat belts. According to Virginia's Department of Motor Vehicles Commissioner Richard Holcomb, since car crashes always come as a surprise, seat belts are the best defense.

According to Virginia state police, motorists wearing seat belts are 40% less likely to be fatally injured in a motor vehicle crash. Alternatively, motorists not wearing seat belts are five times more likely to be killed and three times more likely to be seriously injured in a car accident. In addition, medical bills from collisions in which motorists are not wearing seat belts are twice as costly. As a result, insured drivers who wear seat belts are forced to pay higher premiums to cover the costs of drivers and passengers who choose not to wear them.

If you or a loved one has been in a motor vehicle accident in Virginia, contact Norfolk car accident lawyer Michael Weisberg for immediate assistance and answers to your questions. Attorney Michael Weisberg has been representing personal injury victims in southeastern Virginia for over forty years. Call (800) 690-0235 or complete the contact form on this page to speak with a Norfolk car accident attorney. Michael Weisberg has significant experience in representing clients involved in motor vehicle accidents and is ready to help you.

Bikers Beware!

Mon, 17 Oct 2011 08:00:00 EST

Bikers Beware! Sunday night in Virginia Beach around 8:30 p.m. a driver turning on Baker Street from Wesleyan Drive struck bicyclist Arielle Santiful. The accident induced life threatening injuries for Ms. Santiful. 20 year-old Arielle Santiful was heading east on Baker Street when she was struck by the vehicle; the vehicle made a legal stop at the intersection and attempted to turn on Baker Street when he hit Santiful. Unfortunately, the bicyclist was not wearing any reflective gear, did not have a light, and was not wearing a helmet. She was transported to the hospital immediately for her injuries. According to reports, the driver was not injured. The case remains under investigation and no charges have been pressed. Let this be a reminder for bikers to wear the necessary safety gear during the day and night, and also for drivers to always be aware of their surroundings and who might be walking or traveling.

If you or someone you know has been injured in an accident, please contact your local Hampton Roads Attorney Michael S. Weisberg. Mr. Weisberg has been practicing law for over 30 years and specializes in personal injury. Call today and set up your free consultation.

Norfolk Nursing Home Neglect Attorney Cautions of Chemical Restraints

Fri, 14 Oct 2011 08:00:00 EST

Nursing home staff throughout Virginia are turning to the use of chemical restraints for reasons that are non-medical, including to pacify residents, for convenience, and for discipline. When you visit a loved one, it is not always obvious that he or she is being subjected to abuse in a Virginia nursing home through the use of chemical restraints. Chemical restraints are similar to the use of physical restraints except that you cannot see the vests, straps and belts holding the patient down. With chemical restraints, nursing home staff use powerful psychotropic medications to:

Sedate residents
Control the behaviors of residents
Keep the residents "out of their way"
Discipline residents

Most patients are unaware that they are being given these medications. This form of abuse and neglect in Norfolk nursing homes, as well as those throughout Virginia, is on the increase.
Unfortunately, the use of chemical restraints on nursing home patients can have dire results. Patients frequently become seriously ill and need to be hospitalized. In a number of cases, patients have died from the use of chemical restraints. Their elderly bodies cannot handle medications of this magnitude.
If you have seen a change in a loved one in a Virginia nursing home, such as an increase in lethargy, or if your loved one has become delirious, lost weight or become dehydrated, call a Norfolk nursing home neglect attorney so that immediate steps can be taken to protect their rights. Attorney Michael Weisberg believes in the rights of nursing home residents and has been fighting for their rights for decades. Call Attorney Michael Weisberg toll free at (800) 690-0235 or complete the contact form on this page to speak with a Norfolk nursing home neglect lawyer before it is too late.

Motorcyclist Killed on Elbow Road

Mon, 10 Oct 2011 08:00:00 EST

A Chesapeake motorcyclist was killed Saturday afternoon after he was hit head-on by a pick-up truck. The man is identified as 50 year-old Gary Franks. For those who are familiar with Chesapeake roads, Franks was traveling on Elbow Road which is notorious for its sharp turns, ditches on both sides, and little room for error. Gary Franks was pronounced dead when he arrived at Sentara Norfolk General Hospital. According to reports, the passengers in the pick-up truck were not injured. Police believe that speed was probably a factor in the accident. The charges have been filed as of yet.

If you or someone who know has been involved in an auto-accident, please contact your local Hampton Roads Attorney Michael S. Weisberg. Call 1-800-690-0235 to set up your free initial consultation.

Virginia Officer Hit Twice by Suspect During Chase in Newport News

Tue, 04 Oct 2011 08:00:00 EST

A Virginia motor vehicle crash occurred on Interstate 64 in Newport News on Monday, September 12, 2011. According to Sergeant Michelle Anaya, at approximately 4:43 p.m. a police officer spotted a driver of a 2004 GMC Sierra pickup truck traveling westbound in the HOV lane at Bland Boulevard. The officer attempted to pull the driver over for the HOV lane violation, but the driver refused to stop. When the trooper ran the license plate of the pickup truck, the vehicle came back as having been stolen from Henrico County, outside of Richmond.

A chase then ensued on the interstate with the suspect cutting through openings and changing direction prior to the Fort Eustis exit, where he started heading eastbound. According to Sergeant Anaya, the suspect first hit the trooper's vehicle at Bland Boulevard. He made another cut through to head westbound again, then one more time at Denbigh to head eastbound. The suspect then crashed into the same trooper again, at which time the suspect wrecked the truck in the crash and the pursuit ended.

Although he was hit twice, the trooper was not injured in the chase. The suspect, whose name has not been released, was transported to the hospital. The extent of his injuries is unknown.

If you have been injured in a motor vehicle crash, contact Norfolk car accident lawyer Michael Weisberg toll free at (800) 690-0235 for immediate assistance.

Didn't Hurt Your Head or Neck in a Virginia Car Crash? Think Again.

Sat, 01 Oct 2011 08:00:00 EST

If you have walked away from a Virginia motor vehicle accidentand tried to ignore the ensuing pain in your head or neck, attempting to get on with your life, you may want to think again. Even if you believe that you were unscathed, you need to seek immediate medical attention. Injuries, even minor aches and pains, must be taken seriously.
A delay in the onset of pain and soreness in the head or neck is very common in motor vehicle crashes. The following are examples of injuries resulting from Virginia car accidents that do not always present themselves immediately:

Whiplash resulting from a car crash may turn into a seriously debilitating headache days or weeks later.
Joint injuries that you may feel as only bumps or bruises are known to lead to posttraumatic osteoarthritis, causing pain and limiting your range of motion. Osteoarthritis may also involve the spine and cause significant pain when trying to turn your head from side to side.
Intracranial hematoma occurs when a blood vessel ruptures within your brain or between your brain and skull. Symptoms of a hematoma may not start until several weeks after the car accident and may be life-threatening.

Without proper treatment and care, what you may feel is just a nuisance may cause progressive issues leading to debilitating migraines, arthritic complications or even death. Even if you do not feel your injuries are life-threatening, don't ignore them. Many times injuries do not get better over time - they get worse.
If you or a loved one has been in a Virginia car crash, seek immediate medical treatment and contact a Norfolk car accident lawyer for assistance. Even if the injuries do not present themselves right away, you may still have sustained serious internal injuries that require medical attention. These injuries may be legally compensable. Contact Attorney Michael Weisberg toll free at (800) 690-0235 to speak with a knowledgeable Norfolk car accident attorney about your case.

Virginia Police Urge Motorists to Stop When Traffic Lights are Out

Fri, 23 Sep 2011 08:00:00 EST

In the wake of Hurricane Irene, power outages were rampant throughout the Tidewater area of Virginia. In addition to houses losing electricity, police were concerned about Virginia motor vehicle accidents occurring due to the number of traffic lights that were down, particularly in the busier intersections throughout southeastern Virginia. Police reported motorists driving straight through intersections in which traffic lights were out without first stopping to see if the intersection was clear, creating a serious hazard on the roads.

If the traffic signal at an intersection is not working, it is the law for motorists to stop in all directions - just as a driver would stop at a stop sign. Spokeswoman for the Newport News Police Department, Holly McPherson, points to Virginia State Code 46.2-833C indicating that it is a violation to drive through an intersection in which the traffic light is inoperable without stopping. A driver could be ticketed for such an offense.

Jason Price, Spokesman for the Hampton Police Department, indicated that while there has not been an increase in motor vehicle crashes at intersections as a result of the power outages, motorists who are driving through inoperable traffic lights without stopping are creating a dangerous problem. Price continued by stating that the only reason why there has not been an increase in car accidents is because other motorists are yielding to those who are driving straight through the intersections.

If you have been in a motor vehicle accident in southeastern Virginia, contact Virginia car accident lawyer Michael Weisberg for answers to your questions. Contact Attorney Weisberg toll free at (800) 690-0235 or complete the contact form at the top of this page for a free, no obligation consultation.

Deadly Car Crashes Throughout Virginia Kill 14 Over Labor Day Weekend

Thu, 22 Sep 2011 08:00:00 EST

A series of Virginia motor vehicle accidents occurred on the roads over the 2011 Labor Day weekend. According to preliminary data, there were 11 crashes resulting in 14 deaths from Friday, September 2, 2011, through Monday, September 5, 2011. This is an increase in the number of deaths from two years ago, in which there were 13 deaths throughout the Commonwealth.

Two people died in each of the three crashes occurring in Fairfax, Fauquier and Lancaster counties. Two fatalities involving motorcyclists occurred, both of whom were wearing helmets at the time of the accidents. Six motor vehicle collisions took place in Virginia Beach and the counties of Chesterfield, Mecklenburg, Northampton, Prince William and Smyth.

According to police, alcohol was a factor in at least one of the collisions. It is still underdetermined as to whether another two involved intoxicated drivers. Seven of the victims of the motor vehicle accidents were passengers and one was a pedestrian. Sadly, an eight year old boy was killed in the accident in Fauquier County.

Over the Labor Day weekend in Virginia, police arrested 110 impaired drivers, cited 7,475 drivers for speeding, and cited 2,164 drivers for driving recklessly. Virginia state police responded to a total of 577 motor vehicle crashes state-wide over the long weekend.

We are deeply saddened by these tragic accidents and we extend our deepest condolences to the families and friends impacted by these unfortunate events over the Labor Day weekend.

Several Virginia Car Accidents Left in the Wake of Hurricane Irene

Fri, 16 Sep 2011 08:00:00 EST

Hurricane Irene tore through the east coast, hitting Virginia on Saturday, August 27, 2011 and continuing through the weekend. As the heavy rains and devastating winds bore down on the eastern and central portions of the Commonwealth, Virginia State Police were busy responding to several calls about Virginia motor vehicle accidents and disabled vehicles. Between the hours of 8 a.m. and 9 p.m. on August 27, the Virginia State Police responded to 237 calls for assistance in response to motor vehicle accidents and 152 calls for disabled vehicles. According to the Virginia State Police, most of the motor vehicle accidents included property damage.

During the hurricane, the Division 5 - Chesapeake area Virginia State Police responded to 65 motor vehicle crashes and 40 disabled vehicles. People were urged to stay off the roads throughout the Commonwealth. Driving conditions were especially dangerous in the Hampton Roads region due to the standing water on roadways and several downed trees.

Hurricane Irene caused a number of car crashes and a significant amount of damage in the Tidewater area including Virginia Beach, Norfolk, Chesapeake, Portsmouth and Hampton. If you were involved in a motor vehicle collision in Virginia, contact Norfolk car accident lawyer Michael Weisberg immediately at (800) 690-0235. We can start gathering the facts and working on your case as soon as possible. You may also complete the contact form at the top of this page for a free no obligation consultation.

Also be sure to order your FREE copy of Attorney Weisberg's book, What You Need to Know About Getting a Fair and Reasonable Settlement. Attorney Michael Weisberg has represented victims of motor vehicle accidents in southeastern Virginia for over 40 years and is ready to assist you.

How Understaffed Nursing Homes Lead to Abuse and Neglect of Residents

Wed, 14 Sep 2011 08:00:00 EST

Nursing homes throughout Virginia are understaffed, leading to serious concerns about the treatment of nursing home residents, including Virginia nursing home abuse and neglect. While the Federal Nursing Home Reform Act requires that nursing homes have appropriate staffing to provide nursing and related services to the residents, nursing homes throughout Virginia continue to be understaffed. This lack of staff has dire consequences on the residents, including malnutrition, dehydration, sickness, injury and even death.
In nursing homes that are understaffed, nursing home workers are too busy to care for the elderly residents. Nursing home abuse and neglect from understaffed Virginia nursing homes results in the following:

Residents not being properly fed or given enough fluids
Lying or sitting in one position for too long, causing bed sores, muscular pain and stiffness
Medication errors
Poor hygiene, including lack of bathing
Unsanitary conditions such as unwashed bedding and clothing, even when soiled

We also believe that understaffed nursing homes lead to emotional abuse of the elderly residents. Overworked staff are under a significant amount of stress trying to cater to the needs of all of the nursing home residents. As a result, the stress and anxiety trigger nursing home staff to lash out at the residents verbally, mentally and emotionally.
Nursing home residents should never be subjected to nursing home abuse and neglect. Elderly residents deserve the highest level of care possible. If you or a loved one has been a victim of nursing home abuse and neglect due to an understaffed Virginia nursing home, contact Norfolk nursing home neglect attorney Michael Weisberg at (800) 690-0235. You may also complete the contact form at the top of this page to speak with an experienced Norfolk nursing home neglect lawyer today.

Autistic Girl Found Dead

Tue, 13 Sep 2011 08:00:00 EST

Autism is a very real disease to thousands of parents and has become more present as the years pass on. Symptoms can vary from barely noticeable to almost debilitating. I know that autism became more real for me when people who I knew had children with the disease. Awareness has been pushed by many including Hollywood stars like Holly Robinson Peete who started a booming foundation for Autism Research because her son was diagnosed with autism.

The sometimes horrifying effects of having an Autistic child hit home for a Hampton Roads family last week. A Hampton family reported their daughter, Kaymania Serenity Catta, as missing on Wednesday night. The 5-year-old Autistic girl went missing from her home around 5:30 p.m. Kaymania was unable to speak or communicate due to her autism. The family was fairly new to their Hampton neighborhood and the girl was not familiar with her surroundings. The neighborhood had a total of three lakes that were searched by Virginia State and Hampton dive teams. At 7:45 a.m. on Thursday the divers found the body in one of the neighborhood lakes, about two blocks from where she lived.

This is a very devastating story and outcome for the family and those involved in the search. Harmful things can happen to the ones you love, and if they do, contact your local family law lawyer, Attorney Michael Weisberg. He services the Hampton Roads area and has decades of experience to best handle your case. Call today to set up a free consultation.

HRT Bus and Land Rover Collide

Thu, 08 Sep 2011 08:00:00 EST

Many locals of Hampton Roads are familiar with blue Hampton Roads Transit busses driving around the Southside and Peninsula cities. These busses have maneuver tediously around busy street and speeding car, especially on the slim streets of Norfolk. I know that I have a few close calls when passing these busses. Unfortunately for a woman driving in a black Land Rover on Granby Street at downtown Norfolk, she was not so fortunate when coming across one of the HRT busses. According to reports, the Land Rover collided with the bus as it was crossing over the City Hall intersection. Thankfully, there were no passengers in the Land Rover. The driver was taken into the hospital for an evaluation along with a few of the bus passengers. No serious injuries were reported. Also, no charges have been made. Police are investigating what the color rotation of the light was before any charges will be made.

If you or someone you know has been involved in a vehicular accident, please contact your local Hampton Roads Attorney Michael S. Weisberg to set up a free consultation. Attorney Weisberg offers a comfortable and confidential session and will do his best to help you through your situation.

Two Children Hit, One Killed, Crossing Virginia Beach Parkway

Sat, 03 Sep 2011 08:00:00 EST

On Friday, August 12, 2011, Tashawna Harrison-Reddick, age 7, was crossing Lynnhaven Parkway near Ski Lodge Road at 9:15 p.m. with a group of children. The children stopped to allow a car to drive by, but Harrison-Reddick continued walking.

Harrison-Reddick, of the 700 block of 16th Street, was struck by a Honda Accord as she crossed the parkway. Sadly, she died at the hospital approximately one hour later as a result of her injuries. Charges are currently under review by the Commonwealth's attorney.

An earlier nearly fatal Virginia car accident occurred on February 9, 2011, when eleven-year-old Kamryn Johnson-McCall was crossing South Lynnhaven Parkway, only a couple of miles away from the recent August fatality.

Johnson-McCall was hit by a car driven by Mark Richard Tietjen, 36, when she was crossing the parkway and stopped to pick up her iPod that she had dropped. Johnson-McCall was airlifted to a local hospital in critical condition, but she stabilized. Tietjen, who fled the scene, was caught by police and charged with a felony hit and run.

Drew Langford, the spokesperson from the Virginia Beach Public Works Department, indicated that the Traffic Engineering Department will inspect the lighting, speed and other factors involved in the recent fatal car crash in Virginia, as they had done previously for the car accident that occurred in February. According to authorities, both young girls were not using the crosswalks and neither of the drivers were speeding or driving under the influence of alcohol. Langford indicated that, after reviewing the unfortunate accident in February involving Kamryn Johnson-McCall, it was determined that no changes needed to be made at that time on Lynnhaven Parkway. However, the investigation into the car crash involving Tashawna Harrison-Reddick is still ongoing.

These motor vehicle accidents were unfortunate and tragic; we offer our deepest sympathies to the families and friends impacted by these events.

Fatal Portsmouth Motorcycle Crash Claims Life of Driver

Sat, 03 Sep 2011 08:00:00 EST

A Virginia motorcycle accident that occurred in Portsmouth on Thursday, August 18, resulted in the death of Desmond Leroy St. George Constable, who was 28 years of age.

According to Virginia State Police Sergeant Michelle Anaya, Constable, who is from Norfolk, was riding a 2007 Suzuki motorcycle and traveling westbound on Interstate 264 inside the downtown tunnel at approximately 10:30 p.m. He was traveling with other motorcyclists when he sped up and lost control of the bike, causing the motorcycle to strike a wall and then the tunnel walkway pole. He died immediately upon impact while the motorcycle continued down Interstate 264, completely engulfed in flames.

The investigation into the accident is ongoing, including whether alcohol was a factor in this fatal VA motorcycle crash.

We offer our deepest condolences to the family and friends of Desmond Leroy
St. George Constable who were impacted by this tragic accident. We wish them much strength during this difficult time.

If you or a loved one has been involved in a motorcycle accident, contact Virginia motorcycle accident attorney Michael Weisberg at (800) 690-0235 for immediate assistance.

Making a Claim for Punitive Damages After a Virginia Car Accident

Thu, 01 Sep 2011 08:00:00 EST

Punitive damages, also known as exemplary damages, are monetary damages awarded to the plaintiff in a Virginia car accidentin order to punish the defendant and to deter him or her from committing the act that caused the car crash again. In Virginia, it is difficult to claim punitive damages in a motor vehicle collision unless the driver, who caused the accident, was driving while under the influence.
The laws in Virginia regarding punitive damages involving drunken driving claims require that the following must be proven when there is a personal injury:

The driver causing the accident had a blood alcohol concentration of 0.15 or higher;
When the driver began drinking alcohol, he or she should have known that the ability to operate a motor vehicle would be impaired, or while operating the motor vehicle, the driver knew or should have known that he or she was impaired;
The driver's intoxication was the proximate cause of the injury to the plaintiff.

We believe that the Commonwealth's laws regarding driving while under the influence are strictly enforced, but negligence must be proven in order to make a claim for punitive damages. According to the law, the driver's conduct must be deemed "willful or wanton as to show a conscious disregard for the rights of others."
There are also several types of compensatory damages that may be awarded, which cover:

Loss of property
Medical expenses
Legal expenses
Loss of wages
Emotional distress

We believe that every case is different. Norfolk car accident lawyer, Michael Weisberg, has been representing clients involved in motor vehicle accidents in southeastern Virginia, including the greater Norfolk and Portsmouth areas, for over forty years. He will carefully review the facts of your case and will work hard to recover the most compensation possible.
Contact Michael Weisberg at (800) 690-0235 to schedule your free injury case consultation. Also be sure to order your free copy of his book, What You Need To Know About Getting a Fair and Reasonable Settlement.

Shaken by the Unexpected?

Wed, 24 Aug 2011 08:00:00 EST

Local Hampton Roads civilians were shocked by the 5.8-6.0 magnitude earthquake that shook much of the eastern seaboard. The earthquake centered in Mineral, Virginia which is located in central Virginia. However, the quake could be felt as far as Iowa and New York City, affecting as many as 12 million people. While no deaths were reported, the Pentagon and White House were evacuated. Control towers at J.F.K. International Airport in NYC and Newark Liberty Airport in New Jersey were evacuated while authorities inspected the towers and runways delaying many flights. The last earthquake to affect Virginia occurred in 1897 in Giles County with a magnitude of 5.9.

As the last earthquake experienced by Virginians was over a hundred years ago, yesterday's earthquake came as a total shock. While no one was hurt and no important damage was reported, the earthquake startled everyone. In life, many forget to expect the unexpected such as an earthquake, divorce, devastating automobile accident, or unexpected outcome from a surgical procedure. All of these and more can happen to anyone at anytime. In times like these, you need a dependable lawyer who can help you through when the unexpected becomes the present. Hampton Roads Attorney Michael Weisberg has been helping clients through situations like the ones noted above (and many more) for multiple years. Contact Michael Weisberg for a free consultation if the unexpected has happened to you.

Medication Errors in a Virginia Nursing Home? You Need an Attorney.

Tue, 23 Aug 2011 08:00:00 EST

When you place a loved one in a nursing home in Virginia, you expect the best care possible from well trained and well qualified staff. Your mother, father or other beloved family member deserves the finest care available from full-time nursing home staff; however, this is not always the case as medication errors resulting from Virginia nursing home neglectare a growing concern in the state's understaffed nursing homes.
We believe medication mistakes that occur in Virginia's nursing homes are preventable. Oftentimes, medication errors are simple mistakes that could have been avoided if the staff would have taken the time to double-check the medication label and monitor the residents more closely. But even simple mistakes can have severe consequences, such as fractures, broken bones, serious illness and even death. Repeated medication errors caused by nursing home neglect result in prolonged pain and suffering, but victims of nursing home neglect are often so over-medicated and sedated that they are unable to let their loved ones know that something is seriously wrong.
We believe that your family members don't deserve to be subjected to this type of treatment. Even one medication mistake caused by nursing home neglect can have severe consequences, impacting your loved ones forever.
If you or a family member has been a victim of medication errors in a Virginia nursing home, contact an experienced Virginia nursing home neglect attorney immediately. Attorney Michael Weisberg has been representing victims of nursing home abuse and neglect for over 40 years. Call Attorney Weisberg toll free at (800) 690-0235 or complete the contact form at the top of this page. A knowledgeable nursing home neglect lawyer is ready to answer your questions.

How New Driving Laws Will Decrease the Risk of Virginia Car Accidents

Mon, 22 Aug 2011 08:00:00 EST

On July 1, 2011, several new driving laws went into effect in Virginia to address safety concerns on the roadways. The laws were implemented to reduce the number of Virginia motor vehicle accidents in the Commonwealth, including the number of teens driving under the influence. These laws included:

Increased penalties for teens driving while intoxicated, including mandatory loss of the driver's license for one year and either a minimum of a $500 fine or 50 hours of community service.
Motorcycles, mopeds and bicycles that do not trigger a traffic light to turn green may treat the red light as a stop sign once they have waited two full cycles of the light or two minutes, whichever is shorter.
Video cameras have been mounted inside school buses, which can now record anyone who violates school bus traffic laws. The cameras will record license plates, dates and times of any violations, and fines will be assessed, payable to the local school division.
Ashley's Law: Emergency vehicles entering an intersection against a red light or stop sign must flash their lights and sound a siren or the emergency personnel must yield to the right of way and stop if necessary.

If you or a family member has been involved in a Virginia motor vehicle accident, you need the assistance of an experienced Virginia car accident lawyer. Contact Michael S. Weisberg, P.C. toll free at (800) 690-0235 to schedule a free case consultation. Also be sure to order your FREE copy of his book, What You Need to Know About Getting a Fair and Reasonable Settlement.

Ashley's Law Changes How Emergency Personnel Respond in Virginia

Sun, 21 Aug 2011 08:00:00 EST

On February 12, 2008, Virginia Police Officer Amanda Perry was responding to a call about an assault in progress. She was driving through the intersection of Richmond Highway and Boswell Avenue in Alexandria with the cruiser lights flashing, but no siren.

Officer Perry drove through the intersection against a red light while, at the same time, 33-year-old kindergarten assistant teacher, Ashley McIntosh, was pulling out of the Mount Vernon Shopping Plaza on a green light. The officer crashed into McIntosh's Toyota Corolla. McIntosh was thrown from the car and, sadly, died the next day from her injuries.

In 2008, the state's law did little to help prevent Virginia motor vehicle collisions from occurring with emergency responders at intersections. The law required police officers to use a siren when passing through a red light at an intersection, but only at the officer's discretion and only when reasonably necessary.

On July 26, 2011, in response to McIntosh's untimely death, Virginia Governor Robert McDonnell signed into effect Ashley's Law to protect drivers on the road when emergency personnel are responding to a call.

Today, Ashley's Law requires emergency vehicles state-wide to take the following steps when entering an intersection against a red light:

Use the siren and flashing lights; or
Yield to the right of way and stop if necessary.

Ashley's Law, which held almost unanimous support by passing both houses by a combined vote of 137 to 1, will help ensure that emergency vehicles arrive safely at the scene and that other drivers on the road remain unharmed.

If you or a family member has been involved in a Virginia motor vehicle accident, we can help. Michael Weisberg, an experienced Virginia car accident lawyer, has been representing personal injury victims in the Tidewater area for more than four decades. For a free, no obligation consultation, contact Michael Weisberg toll free at (800) 690-0235.

Two-Vehicle VA Car Crash in Yorktown Leads to Death of Military Man

Fri, 19 Aug 2011 08:00:00 EST

A Virginia motor vehicle accident in Yorktown on Monday, August 8, 2011, resulted in the death of Lieutenant Colonel Christopher P. Kaiser USAF, 38, of the 100 block of Ostrey Point in Yorktown.

According to Virginia State Police Sergeant Michelle Anaya, Kaiser, who was driving a 2006 Hyundai Tiberon at 5:30 a.m., made a left turn onto US Route 17 from Battlefield Road when Jacob Frederick, driving a 2002 Ford Ecoline, ran a red light at the intersection. Frederick, 33, of the 8000 block of Roaring Springs Road, struck Kaiser on the driver's side. According to police, Kaiser died on impact.

Frederick was taken to a hospital in Newport News with non life-threatening injuries.

Charges are pending upon review by the Commonwealth's Attorney.

We offer our deepest condolences to the family and friends of Lieutenant Colonel Christopher P. Kaiser and wish them strength during this difficult time.

Hampton, Virginia Car Crash Leads to Charges for Young Driver

Thu, 18 Aug 2011 08:00:00 EST

On the evening of Friday, August 5, 2011, a police officer spotted a green Cadillac in the 1300 block of Garden Drive in Newport News, Virginia. Upon further observation, the officer recognized the driver of the Cadillac as 22-year-old Michael Dewayne Carter, of the 1400 block of 24th Street. The police officer tried to stop Carter, who was driving with a suspended license, but Carter refused to pull over and a chase ensued.

Carter ran a red light and almost hit two cars before being involved in a single-vehicle Virginia car crash into a tree at the intersection of Wythe Parkway and Kecoughthan Road in Hampton.

Three of the four occupants in Carter's vehicle ran after it crashed. The passenger in the front seat injured his knee during the car accident and was transported to a local hospital. The police caught the other three people who fled the scene.

Upon further investigation, the police also found a handgun in the car.

Carter has been charged with a felony hit and run, driving under a suspended operator's license and reckless driving. There is no word yet as to whether the others will also be charged.

If you are facing a personal injury resulting from an automobile accident or having to defend a criminal or traffic charge, contact experienced Virginia car accident lawyer Michael Weisberg.

Attorney Michael Weisberg has been representing clients involved in automobile accidents in the Tidewater area for over four decades. Contact him toll free at (800) 690-0235 or complete the contact form at the top of this page to speak with a knowledgeable Virginia car accident attorney.

Virginia Beach rapist given two life sentences as a youth

Fri, 12 Aug 2011 08:00:00 EST

Do the sins of your youth follow you into your old age? Most people would say "no" or at least hope that they do not. However, for Dennis Robert LeBlanc his sins as a minor may follow him to his death bed. As a sixteen-year-old in 1999, he was given two life sentences for attacking an elderly women and raping her in the woods. The judge gave him that sentencing because he was stated as an extreme danger to society. While that situation is horrorific and deserves punishment, does that mean he should be given no chance for redemption? Many would agree that things they do in their youth they would not do in their adult years.

In 2010, the U.S. Supreme Court decided that a life sentence without parole for minors is cruel and unusual punishment. Due to this recent switch in views, LeBlanc challenged his sentencing, the third person from Virginia to do so, and asked for parole consideration. He did not fair well however; the Virginia Beach judge decided that he can only petition for parole for geriatric release. Prisoners are eligible for geriatric release when they are sixty, which means that LeBlanc will have to wait until 2042. According to LeBlanc's lawyer, Marc Shapiro, no more than fifteen prisoners have been granted geriatric in the past sixteen years. According to prosecution LeBlanc got what he deserved and has not made any improvement while in prison. Since being in prison LeBlanc has not been given any type of review to see if he is still a threat to society, which makes the prosecution's statement very ill-informed. Despite his lawyer's attempts, LeBlanc will have to wait another thirty years before he can possibly be released from prison.

If you or someone you know has been involved in criminal activity and needs help in their case, please contact Hampton Roads criminal Attorney Michael S. Weisberg for a free consultation.

Shocking Third Old Dominion Shooting in Two Months

Tue, 09 Aug 2011 08:00:00 EST

A shocking third shooting took place at Old Dominion University Thursday night. This is the third shooting involving an ODU student in two months. The victim was reportedly shot while he was walking home from a bar. The shooting took place near 37th Street and Hampton Boulevard. The cause of the shooting is still unanswered along with the identity of the shooter.
   The heat from these shootings is being place on the Norfolk police department and campus police. They are working on combining their efforts to produce tighter security on the campus and around the surrounding neighborhoods.
   There is much criticism from the students about how the school is handling these recent shootings compared to Virginia Tech's recent campus shut down due to a camper "thinking" she saw a man with a gun. ODU only sent a message to the students informing them about the shooting and warning them to avoid walking around alone at night.
    Criminal activity can happen when you least expect it. If you have been the victim or are charged as a perpetrator of a criminal activity contact your local Hampton Roads attorney, Michael Weisberg.

Minivan Crash kills 13-year-old boy and injures others

Tue, 09 Aug 2011 08:00:00 EST

A startling accident occurred on John Tyler Highway Monday at 8 p.m. A minivan traveling down the Richmond area highway seemed to have lost control, drove off the road and rolled several times. The vehicle ended up hitting a dump truck heading the opposite direction on the highway. The crash resulted in the death of a 13-year-old boy who was a passenger in the van. The van also contained three adults and three other children. The passengers were taken to a local Richmond hospital and treated for their injuries. It is reported that their injuries ranged from non-life threatening to critical. The truck driver was taken to a Williamsburg hospital for treatment; his injuries were also non-life threatening.

Police are still unsure of the cause of the accident and no charges have been filed. Vehicular accidents happen often and can cause an array of injuries and a devatasting interruption to your lives. A personal injury lawyer will be able to help you as the client through this often times difficult process. Contact Attorney Michael Weisberg, Hampton Roads personal injury attorney.

Fatal Car Accident in Virginia Beach Claims Life of Driver

Wed, 03 Aug 2011 08:00:00 EST

On Monday, July 18, a fatal car crash in the Pungo area of Virginia Beach killed Arnold Hope Cason Jr. of Knotts Island, North Carolina. Cason was only 36 years old at the time of the motor vehicle accident.

According to investigators, Cason was driving westbound on North Muddy Creek Road when he veered off the road and hit a mailbox just before Princess Anne Road. In an attempt to over-correct, Cason then crossed back over the road and drove through a field. His car overturned and struck a tree. Cason was the only person in the car at the time of the accident.

Emergency Medical Services personnel were called to the scene of this single car crash at 7:40 PM. Sadly, Cason was already suffering from serious life-threatening injuries when EMS arrived. Although an air ambulance was called to the scene, Cason was too unstable to fly and was transported to the hospital via ambulance. Cason was soon pronounced dead at the hospital.

Cason was not wearing a seatbelt at the time of the car accident, and investigators are still trying to determine if alcohol was a factor in the crash.

We offer our deepest condolences to the family and friends impacted by this tragic accident.

If you or a loved one has been involved in a motor vehicle accident in Virginia, Michael Weisberg, an experienced Virginia car accident attorney, can help. Contact Michael Weisberg at (800) 690-0235 for a free consultation.

Virginia Lawmakers Crack Down on Underage Drinking and Driving

Mon, 01 Aug 2011 08:00:00 EST

Even though Virginia has a zero-tolerance law on underage drinking and driving, motor vehicle accidents are still the leading cause of death among teenagers. In 2010, 35 teen driver died in motor vehicle accidents, along with another 4,118 teen driver injuries in Virginia. There were also 1,285 drivers under 21 years of age convicted of drinking and driving in the Commonwealth in 2010. As a result, Virginia lawmakers passed a bill in February increasing the penalties for underage drinking and driving. This law went into effect on July 1, 2011.
Prior to this law, the penalties for underage drinking and driving included:

Forfeiting the license for six months
Fine of not more than $500
Attendance and completion of the Alcohol Safety Action Program (required of some, but not all, teens caught drinking and driving)

Under the new Virginia law, Va. Code 18.2-266.1, any driver under the age of 21 caught with a blood alcohol content of .02 or higher will now be charged with a class one misdemeanor, which becomes a part of the driver's record. Additionally, the following penalties apply if convicted:

Mandatory license suspension for one year
Either a fine of $500 or 50 hours of community service

We believe the strict new law will help deter teens from driving under the influence (DUI), which should decrease the number of car accidents caused by teen drivers each year. To teen drivers, freedom is a necessity. The thought of forfeiting their license and losing that very freedom is terrifying to new drivers.
If your teen driver has been charged with driving under the influence, contact Michael Weisberg, an experienced Virginia car accident lawyer, at (800) 690-0235 for answers to your questions. A class one misdemeanor is a serious offense; we can help.

Involved in a Virginia motorcycle accident? You need an attorney.

Tue, 26 Jul 2011 08:00:00 EST

In 2010, over two thousand motorcycle accidents occurred in the state of Virginia. Such crashes can be physically, emotionally, and financially devastating for those involved. But do you need a motorcycle accident attorney if you have been involved in a motorcycle collision in Virginia?
The aftermath of a motorcycle accident is overwhelming, particularly for those dealing with pain, suffering, and loss. Motorcycle accidents are often complex and involve the following:

Dealing with insurance companies. - While you may be paid out initially, there is a large amount of paperwork involved, and insurance companies pay out as little as possible.
Obtaining and analyzing information. - Gathering and examining documents, such as the police report, witness statements, medical records, and photographs in order to build a case can be difficult and demanding.
Determining liability. - Trying to figure out who is at fault is complicated, and may involve recreating the scene of the accident and expert testimony.

We believe that an experienced Virginia motorcycle accident attorney is required if you have been involved in a motorcycle crash. Based on the information in your case, a lawsuit may be filed in order for you to fully recover physically, emotionally, and financially. This process can be long and exhausting. An attorney will work hard to represent your best interests.
If you have been involved in a Virginia motorcycle accident, we can help. Contact Michael S. Weisberg, an experienced Virginia motorcycle accident attorney, by calling (800) 690-0235, and receive a copy of his free book, What You Need to Know about Getting a Fair and Reasonable Settlement.

Woman Dies from Wristband

Mon, 25 Jul 2011 08:00:00 EST

Jacquelynn Diane Schwartz went to court Friday afternoon to show that she'd completed a court-ordered driving safety course after receiving a speeding ticket in April.

Three days later, she was dead in a jail cell.

A sheriff's deputy found the 31-year-old woman unresponsive on her cell bed early Monday, and medics were unable to revive her, police said Tuesday. An autopsy determined that she'd choked on her plastic inmate identification bracelet and ruled her death accidental.

Now Schwartz's family members want to know what happened to the bubbly newlywed, who had just gotten married on June 4 and had never been in serious trouble with the law.

"All of us are in shock and disbelief," said Schwartz's sister-in-law, Audrey La Clair. "It just doesn't make sense."
On April 3, an officer gave Schwartz a ticket, charging her with driving 76 mph in a 55-mph zone, according to General District Court records online. A judge imposed a $150 fine and ordered her to attend driving school, which she completed after the couple returned from their two-week honeymoon in the British Virgin Islands, said Schwartz's husband, David La Clair.

When Schwartz reported to court on Friday to present her certificate, sheriff's deputies said they smelled alcohol on her and administered a breath test, which she failed, David La Clair said.

A judge then ordered her jailed for 10 days for contempt of court, according to online court records.

When David La Clair heard what happened, he drove to the Virginia Beach Correctional Center to see his wife but was told he could not, he said. The couple lived in York-town and worked in Newport News.

They spoke on the phone that night, and Schwartz told La Clair the last alcohol that she'd had to drink had been wine the night before. She sounded scared but otherwise OK, he said.

La Clair hired an attorney, and they got Schwartz's case placed on the docket for Monday, hoping to free her. He was waiting in the courtroom that morning when two police detectives pulled him outside and told him his wife was dead.
Earlier that day, between 5 and 5:30 a.m., Schwartz's cellmate had called for help after a feverish Schwartz started shaking and saying she heard dogs barking in the next cell, La Clair said the detectives told him.

Deputies placed Schwartz in an observation cell, which jail staff monitor via a camera system and, at least twice an hour, in person, said Ashley Lanteigne, a spokeswoman for the Sheriff's Office, which runs the jail.

Less than 90 minutes later, at 6:20 a.m., a deputy found Schwartz unresponsive, police said.

Lanteigne said she couldn't comment on what happened due to the ongoing police investigation. It's unclear whether Schwartz received medical treatment prior to her death.

She had no history of medical or mental health issues, La Clair said.

"I have no idea why they wouldn't call an ambulance when she started exhibiting this erratic behavior," he said. "And I have no idea why they weren't watching the observation cell. And I have no idea why they put her in there alone. And the bottom line is that she isn't with us anymore, my wife of six weeks, and I loved her more than anything."
The Sheriff's Office also is conducting an internal investigation.

"Our hearts go out to the family," Lanteigne said. "It's a very unfortunate incident, but beyond that, at this point we kind of have to wait for the investigation to play out."

Police said they don't suspect foul play.

Schwartz was originally from Prior Lake, Minn., and had five siblings, according to a biography provided by her family. She met her husband in 2001 while earning her bachelor's degree in exercise and wellness at Arizona State University. After graduation, she worked for the Boys & Girls Clubs of America in Arizona before moving to Virginia with La Clair in 2004, according to the biography.

They'd since started a defense contracting business, Insignia Technology Services, married and planned to have children later this year.

"She had a very bubbly personality," Audrey La Clair said. "A beautiful person. Probably the sweetest person I've ever met."

As David La Clair plans his wife's funeral, he said, he just wants to know what happened.

"She's not a criminal... and she ended up dead in prison," he said. "I'm really just looking for the truth."

He recalled Tuesday the last thing he said to his wife before they hung up on Friday night.

"Everything is going to be OK," he'd told her. "I love you."

Kathy Adams
The Virginian Pilot
http://hamptonroads.com/2011/07/woman-died-va-beach-jail-choking-bracelet

Morning Car Crash on Virginia Interstate Leads to Death of a Teenager

Sun, 24 Jul 2011 08:00:00 EST

On Saturday, July 9, 2011, a car accident on Virginia's Interstate 64 led to the death of Santell Deneen Dobson, who was only 17 years of age. Dobson, a teenager from Williamsburg, crashed her car at mile marker 233 in James City County when she and another passenger were driving east on I-64 during the early morning hours.

Virginia State Police were called to the scene at 6:08 a.m. Upon further examination, it was determined that Dobson lost control of her motor vehicle, overcorrected, and veered off the road. Dobson then struck a tree. Sadly, she was pronounced dead at the scene. According to Virginia State Police, Dobson was wearing her seatbelt at the time of the crash, but it is unknown whether or not alcohol was a factor.

The passenger in the car was injured and transferred to a hospital for treatment. The condition of the passenger is unknown at this time.

We extend our deepest condolences to family and friends impacted by this tragic event. We also hope for a quick recovery for the passenger involved in this motor vehicle collision.

If you or a family member has been involved in a motor vehicle accident, contact us today at (800) 690-0235 or by email at info@weislaw.com to have your questions answered. Michael Weisberg has been representing personal injury victims in the Tidewater area for more than forty years.

The Dangers of Distracted Driving in Virginia – What You Need to Know

Sat, 23 Jul 2011 08:00:00 EST

A five-year study from the Department of Motor Vehicles revealed a 22 percent increase in the number of fatalities caused by distracted drivers in Virginia. Distractions on the road include texting, emailing, eating, loud radio, and excited children in the backseat - anything that diverts the driver's attention, even for a second. In fact, 20 percent of accidents in Virginia each year involve distracted drivers.

Virginia, along with 33 other states, has instituted a ban on texting while driving, and only nine other states, including Washington D.C., do not allow the use of any handheld devices when driving. However, according to Virginia police, the law regarding texting while driving is difficult to enforce, as a driver cannot be stopped for texting alone. When a driver is stopped, the fine for the first offense is $20 and then $50 for every subsequent violation.

Distracted driving is such a serious cause of concern in Virginia that, according to police, a driver's phone records are now obtained whenever a crash results in a fatality or serious injury.

If you or a loved one has been involved in a motor vehicle accident involving a distracted driver, we can help. Michael Weisberg is an experienced personal injury attorney serving the Tidewater area, including Virginia Beach, Chesapeake, Portsmouth, Hampton, Poquoson, Newport News, Williamsburg, Suffolk, and Franklin. Contact Michael Weisberg by calling toll free at (800) 690-0235, by emailing info@weislaw.com, or by completing this form: http://www.weislaw.com/contact.cfm. An experienced motor vehicle accident attorney can be in touch with you today.

Virginia Beach Man Dies Tragically in Early Morning Crash

Fri, 22 Jul 2011 08:00:00 EST

A motor vehicle crash in Virginia Beach on Saturday, July 9, 2011, led to the death of Joseph Robert Cooley, who was only 28 years of age. Cooley, from Virginia Beach, died when he crashed his Isuzu Rodeo SUV after midnight on Indian River Road.

Virginia Beach Police received a call at approximately 1:30 a.m. and went to the scene of the single-vehicle crash, which occurred in the 3500 block of Indian River Road. The initial investigation indicated that Cooley was rounding a curve when the SUV veered off the road and hit a tree. Sadly, Cooley died at the scene of the accident.

Further investigation indicated that Cooley was not wearing a seatbelt and that alcohol and speed may have been factors in this unfortunate event.

We offer our sincere condolences to the family and friends of Joseph Robert Cooley.

We understand that the loss of a loved one is difficult to endure. If you or a family member has been involved in a Virginia motor vehicle accident, contact us today at (800) 690-0235 or by email at info@weislaw.com to have your questions answered. Michael Weisberg is a caring and compassionate motor vehicle accident attorney, and he has been representing personal injury victims in the Tidewater area for more than forty years.

Children safer in the car with Grandparents than parents

Mon, 18 Jul 2011 08:00:00 EST

A recent study shows that children will probably be safer on the road with their grandparents than their parents. The results of this study came as a surprise to those involved in the research. The research showed that children are an astoundingly 50% less likely to suffer from injuries in an accident with their grandparents than their actual parents.

A few factors are noted as to why studies sided with grandparents. One is that Grandparents have a sense of carrying precious cargo and are aware of any challenges they might face with driving in their older age. They also are not as rushed and distracted on the road as parents are with technology and busy schedules. Grandparents might view the car rides as time well spent with their grandchildren while most parents view it as getting from point A to point B. It the study, researchers found that the children suffered the same injuries regardless of who was driving; such as, concussions, other head injuries and broken bones. If you or someone you know has suffered an injury in an auto accident, contact your local personal injury attorney, Michael Weisberg.

Resident-on-Resident Assault in Virginia Nursing Homes: Who Is Liable?

Fri, 15 Jul 2011 08:00:00 EST

Resident-on-resident assault and nursing home abuse are on the rise in nursing homes throughout Virginia. Victims of such assault are often residents who are incapable of defending themselves in such a situation. Warning signs that your family member or loved one has been a victim of assault may include bruises, abrasions, cuts, sprains, or dislocations. You may even notice a change in your loved one's emotional state, including increased agitation, anxiety, depression, or withdrawal. While these warning signs are, at times, difficult to notice, they should be considered serious. But who is liable when your loved one becomes a victim of resident-on-resident assault in a nursing home in Virginia?

The Federal Nursing Home Reform Act sets a minimum standard of care for nursing homes participating in federal Medicare and Medicaid programs, including those in Virginia. The nursing home has an obligation to keep your family member or loved one safe, free from abuse and mistreatment. Nursing home staff members are responsible for the care and supervision of residents 24 hours a day, seven days a week. A nursing home may be held liable if it has not taken the proper precautions to prevent resident-on-resident assault.

Unfortunately there are many elderly victims of assault in nursing homes who do not have the ability to speak for themselves. We believe that victims have a right to be heard. Contact Michael S. Weisberg, an experienced Virginia nursing home abuse attorney, at (800) 690-0235. Take action by calling today.

Increase in Car Accident Deaths over Fourth of July in Virginia

Thu, 14 Jul 2011 08:00:00 EST

There was a significant increase in the number of deaths from motor vehicle accidents over the recent Fourth of July weekend in Virginia. The number of deaths throughout the state during the holiday weekend more than doubled, from six in 2010 to thirteen in 2011.

This year, eleven car crashes occurred from July 1st to July 4th in Virginia. The crashes occurred throughout the state, including Portsmouth. According to Virginia State Police, two contributing factors in the increased number of car wreck deaths were alcohol and the lack of seatbelt use. In particular, four of the fatal car accidents involved alcohol, and five of those killed were not wearing seatbelts.

One of the fatal car crashes involved passenger Sara Ghaffari-Nik, who was only 21 years of age. She was thrown from a vehicle after the driver hit a curb and drove into a tree. According to police, the driver was under the influence of alcohol.

We extend our condolences to the families and friends impacted by each of these tragic accidents that occurred over the Fourth of July weekend.

If you or a family member has been involved in a car accident, we can help. Contact Michael Weisberg toll free at (800) 690-0235 or by email at info@weislaw.com to schedule a free, no-obligation consultation.

Five-Vehicle Accident in Virginia Leads to Death of Motorcyclist

Wed, 13 Jul 2011 08:00:00 EST

An accident involving five motor vehicles occurred in Norfolk, Virginia near the Military Highway exit on July 1, 2011, shutting down the interstate for several hours and diverting traffic. The crash involved two motorcycles, two cars, and a pickup truck.

Dwayne Bubose, 41, of Virginia Beach, lost control of his motorcycle while speeding and hit a pickup truck. At the same time that Bubose's motorcycle collided with the pickup truck, George Nipper, 41, crashed his motorcycle into Bubose's motorcycle. Nipper was riding with a passenger, and both were thrown from the motorcycle. According to Virginia State Police, the two motorcycles had been traveling at extreme speeds.

Two cars hit Nipper when he was ejected from the motorcycle. Sadly, he died at the scene. His passenger was injured, but should make a full recovery. Bubose survived the collision, suffering non-life threatening injuries.

The drivers of the two cars and the pickup truck did not suffer any injuries and were not charged.

We offer our sincere condolences to the family and friends impacted by these tragic events. We also hope for a quick recovery for those who were injured in the accident.

If you or a family member has been involved in a motor vehicle accident, we can help. Michael Weisberg has been representing personal injury victims in the Tidewater area for more than four decades. Contact Michael Weisberg toll free at (800) 690-0235 or by email at info@weislaw.com to schedule a free, no-obligation consultation.

Deadly Accident in Virginia Beach

Wed, 13 Jul 2011 08:00:00 EST

Early in the morning on Saturday July 9th, driver Jeff Cooley accidently ended his life in a single vehicle crash. Police, EMT, and fire services were called to the scene. Mr. Cooley was declared dead on the scene.

Emergency services were notified of the crash immediately on Saturday at 1:32 a.m. The accident took place on Indian River Road in Virginia Beach. According to reports the driver took a curve too fast and attempted to correct his error and ended up going off the road and into a ditch. The vehicle hit a tree and bounced back on the road. Once entering the road, the vehicle rolled onto its side and the driver was partially ejected from the car. Mr. Cooley was not wearing a seatbelt at the time of the accident which factors into his prompt death. Police also noted that alcohol and speed were additional dangerous factors in this deadly auto accident. If you or someone you know have been involved in an auto accident please call your local Hampton Roads vehicular personal injury lawyer, Michael Weisberg.

Virginia Beach Oceanfront Deaths

Tue, 21 Jun 2011 08:00:00 EST

A 33-year-old man and a 2-year-old were killed this past weekend at the Virginia Beach Oceanfront. In two separate incidences, these two individuals fell from the balcony of their hotels and were killed instantly.

33-year-old Christopher Kidd fell nine stories at the Four Sails Resort. His family told authorities that he had been drinking all day. It is still unknown if he purposely jumped or accidently fell. 2 year-old Leah Moats was playing with a toy at the Sandcastle Hotel when she fell through the railings of the balcony. Charges have not been filed for either of these cases.

These devastating circumstances add to the previous two deaths at the Oceanfront in the past month. A 9-year-old boy drowned while struggling in a rip current and a Williamsburg man died while trying to save two other individuals. If you or someone you know need legal advice about wrongful death, please contact your local Hampton Roads lawyer, Michael S. Weisberg.

Forty Percent of Holiday Traffic Deaths Were in Hampton Roads Area

Sun, 19 Jun 2011 08:00:00 EST

According to the Virginia State Police, four out of the ten fatal traffic accidents that occurred in Virginia over the recent Memorial Day weekend happened in Hampton Roads.

Police reported a fatal motorcycle crash that occurred on Friday of the holiday weekend in Virginia Beach. Elliott Warren Graham III, 40, apparently flew from his bike and hit a pole around noon in the 1400 block of Salem Road.

Another two fatal crashes happened in the region on Saturday. The first occurred when a vehicle left Interstate 64, struck a concrete barrier, and turned over. The driver of the vehicle wasn't wearing a seatbelt, and thus was ejected from the car.
The second fatal crash occurred when Russell James Crawford, 42, of Suffolk, drove into an oncoming car while heading east on the 300 block of W. Constance Road.

One person died on Monday when a vehicle left the road and turned over in Isle of Wight County.

According to the police, the rest of the Virginia fatal crashes occurred in Greensville, Spotsylvania, Culpeper, Prince William, and Loudoun counties.

Over the holiday weekend, state police reportedly stopped more than 8,900 people for speeding and more than 2,500 people for reckless driving. They charged 132 people with drunk driving.

Have you been ticketed or involved in a traffic accident in the Hampton Roads area recently? If so, Michael S. Weisberg can help. He has been helping folks like you and your family for 30 years here in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Woman Dies after Crash with School Bus in Chesapeake, VA

Thu, 16 Jun 2011 08:00:00 EST

A 61-year-old woman died after being involved in a crash with a school bus on Great Bride Blvd. on Thursday, June 9, 2011, according to local media reports.

After the accident, Lorraine B. Taylor, of the 700 block of Priscilla Lane in Chesapeake, was taken by helicopter to Sentara Norfolk General Hospital in Norfolk. Sadly, she died from her injuries.

According to police, Taylor's SUV pulled out in front of the bus and became wedged under it.

A spokesman for the Chesapeake School System told local media that the bus driver and students were okay. A total of 37 students from Great Bridge High School were on the bus at the time of the crash.

Have you been ticketed or involved in a traffic accident in the Hampton Roads area recently? If so, Michael S. Weisberg can help. He has been helping folks like you and your family for 30 years here in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Hampton Roads Area Police Receive Training in Car Crash Analysis

Wed, 15 Jun 2011 08:00:00 EST

Police from the Hampton Roads area of Virginia recently completed a two-week course in car accident reconstruction, an emerging technique in law enforcement. Collision Analysis and Reconstruction, a Maryland-based company, led the course, while the Virginia Highway Safety Office funded it. Lenny Simpson, an accident reconstruction specialist for Collision Analysis and Reconstruction, described the purpose of the course: "to show them in fact that the formulas, the principles and theories that they have learned can be applied and in fact do work."

Students viewed and then participated in staged crashes as part of the course of study. One driver was stunned to learn that a car could flip over when colliding with another vehicle at just 30 miles per hour.

Another aspect to the course was the study of evidence left at an accident scene. According to instructor Gene Taitano, important crash indicators can be found on the roadway following an incident. This includes tire marks, debris, and vehicle positions.

The course hopefully will bolster the technical proficiency of Hampton Roads area police crash team members by 30 percent. The Newport News crash reconstruction team is made up of 15 officers, who get sent to help at fatal or serious crashes.

If you've been involved in a serious car crash, Michael S. Weisberg can help you analyze the facts and protect your legal rights. Weisberg has been helping folks like you and your family for 30 years here in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

ODU Student Killed

Tue, 14 Jun 2011 08:00:00 EST

The victim of the recent Old Dominion University shooting was the nephew of Maryland Congressman, Elijah Cummings. The victim, 20 year-old Christopher Cummings was a junior at ODU and studying criminal science. His roommate was also shot and taken to the hospital for life-threatening injuries. The hospital has not released anymore information on his status.

Rep. Cummings has been an advocate for gun control for quite a while, so he is familiar with the pain and emotions of gun shot victims and their families. He commented that it is different when gun shot deaths happen in your own family but it allows him to better understand the lives and emotions of those who have been in similar situations.

According to police they are still looking for the suspects and the motives for the attack; as of Monday no one has been arrested. Christopher lived in an off-campus apartment. According to reports, there have been four other robberies on that same block in the past month. If you or someone you know has been involved in a criminal situation, please contact your local Norfolk attorney, Michael S. Weisberg.

Virginia Beach Man Pleads Guilty of Hit-and-Run

Thu, 09 Jun 2011 08:00:00 EST

Mark Tietjen, a resident of Virginia Beach, pleaded guilty on May 25, 2011 to a hit-and-run accident for which he now faces ten years in prison. Tietjen allegedly hit an 11-year-old with his mini-van on February 9th and then proceeded to flee the scene.

The accident was deemed a felony by prosecutors, as Tietjen critically injured the little girl on Lynnhaven Parkway at the intersection of Crimson Holly Lane in Virginia Beach. His attorney claimed in open court that the defendant panicked and fled the scene, but that he wasn't drunk or on drugs at the time of the accident.

According to a local news report, the defendant has a record of run-ins with the law. Past charges include speeding, impaired driving, and driving with a suspended license.

The girl's family was not at the court hearing.

The defendant, formerly employed as an auto mechanic, wrote a letter to the judge expressing his sorrow over the accident.

Tietjen is still in the county jail, and faces time in the state penitentiary. He will return to court on August 17th for his sentencing hearing.

If your child has been hurt in a car crash by a reckless driver, we can help. Michael S. Weisberg has been helping folks like you and your family for 30 years in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Two-Car Crash Kills Middle-Aged Suffolk, VA Man

Tue, 07 Jun 2011 08:00:00 EST

A middle-aged Suffolk man died when he headed into oncoming traffic on Saturday, May 28, 2011, according to local news reports.

A resident of the 500 block of Virginia Avenue, 42-year-old Russell James Crawford slammed into an oncoming vehicle around 3 p.m. He had been heading east on the 300 block of West Constance Road, according to local police spokeswoman Debbie George.

Crawford's wife was in the car with him, and she sustained non-life threatening injuries. She was transported to Sentara Norfolk General Hospital.

Local police reported that the driver of the other car sustained non-life threatening injuries and was taken to Sentara Obici Hospital in Suffolk.

According to Crawford's wife, Crawford seemingly lost consciousness before the crash. However, he wasn't wearing his seatbelt, and a physician told local media that he died from injuries sustained in the crash.

If you or a loved one has been injured in a car crash due to a careless driver, we can help. Michael S. Weisberg has been helping folks like you and your family for 30 years in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Responding to a Recorded Statement Request Following a Car Accident

Mon, 06 Jun 2011 08:00:00 EST

You've just been in a traumatic car accident. In addition to the damage to your car, you're probably dealing with physical pain and emotional suffering. Adding to the stress is an increasing tendency amongst insurance companies. Many insurance adjusters are now asking car accident claimants to make a "voluntary" statement that will be recorded. If this happens to you, proceed with caution.

Don't let an insurance adjuster bully you by claiming that you have a "cooperation" clause in your insurance contract. The contract possibly states that you should cooperate with the insurance firm, but not that you have to submit to being recorded without your consent. That's an invasion of privacy.

If the adjuster is argumentative and demanding, ask the individual to submit the request to you in writing, citing the clause in the contract to which he is referring. Then, check your policy to see the actual wording.

If you agree to the interview, stick to the facts. Tell the adjuster that you only consent to the interview if a copy of the recording is made available to you in MP3 or transcript form. Make sure that you say this when the adjuster is recording so that it is all on the record. Have a copy of the police report that you filed after the crash with you when you do the interview. This should include facts like the name of the street you were on when the accident happened, the time of the day, etc. Only answer the questions that are put to you - nothing more. Don't answer subjective questions. Instead, tell the investigator that you don't know what he's getting at, and ask him to be more specific so that you can answer with facts. Finally, always be polite, and plan ahead if you want an attorney to be with you.

If you or a loved one has been involved in a car or motorcycle accident and is facing difficulties with an insurance company, we can help. Michael S. Weisberg has been helping folks like you and your family for 30 years in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Man Arrested for Selling Weed in First Landing State Park

Mon, 06 Jun 2011 08:00:00 EST

A man was arrested for trafficking drugs in First Landing State Park in Virginia Beach, VA. The accused pot dealer is identified as Charles W. Knipp. Knipp already has drug-selling convictions on his record. First Landing State Park is a popular family and outdoor spot for many Hampton Roads residents. But for Mr. Knipp, this was a perfect secluded spot to deal massive amounts of marijuana.

A series of arrests and investigations led police to Knipp. According to reports, one individual, who was arrested for possession of $8,000 worth of pot, told authorities he bought it from a seller who was dealing under the pines. Authorities monitored the cabin last week and arrested two men who were leaving the cabin with a duffel bag which contained a significant amount of marijuana. State Park officials were completely unaware of the situation and Knipp's arrest. They have on record that Knipp rented the cabin for five days but he never checked out. If you or someone you know has a criminal conviction against them, please contact your local Hampton Roads attorney, Michael S. Weisberg.

Deadly Bus Accident

Wed, 01 Jun 2011 08:00:00 EST

A deadly bus accident in the Richmond, Virginia area killed four women and sent 50 people to the hospital. The driver of the bus was charged with reckless driving. Authorities believe that the cause of the accident was due to driver fatigue. The Sky Express Company offers red-eye drives from Charlotte, North Carolina to Chinatown, New York City. The driver and passengers were on their way up to New York City when the accident happened. The Sky Express Bus accident shut down I-95 for four hours just above the King's Dominion exit. The bus drove off the road into a ditch and eventually flipped which injured several of the passengers.

Sky Express Bus Company has been scrutinized for their poor safety regulations. According to local reports, they scored far below average on their driver safety and driver fitness regulations. The driver of the bus in the above reference accident was 37 year old, Kn Yiu Cheung. He is being held on a $3000 bond at the Pamunkey Regional Jail in Hanover County. According to medical authorities, those who were injured in the accident are all in stable conditions. If you have been injured in an automobile accident, please contact your local Personal Injury attorney, Michael S. Weisberg.

Hit-and-Run Driver Still on the Loose in Norfolk

Wed, 25 May 2011 08:00:00 EST

Around 9:15 a.m. on May 19, 2011, a woman was hit as she was crossing the street at the intersection of Ingleside and Princess Anne Road in Norfolk. Unfortunately, the car that hit her did not stop. Police continue to hunt for the mysterious driver of this hit-and-run accident that left the woman seriously injured.

Local police indicated that the car that hit the pedestrian was a late model/90s Toyota Paseo. It apparently was driven by an African-American female and last spotted by witnesses headed toward Virginia Beach Blvd.

Witnesses of the accident can call the Norfolk Crime Line at 1-888-LOCK-U-UP.

Hit-and-runs are serious crimes that can leave victims and their families devastated and marred for life by the trauma.

If you have been hurt in a car crash, contact Michael S. Weisberg. He's been helping folks like you and your family for 30 years here in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Virginia Beach Woman Dies in NC Car Crash

Tue, 24 May 2011 08:00:00 EST

A young woman from Virginia Beach recently died in a car accident in Elizabeth City, NC, according to the local Virginia Beach broadcaster, WAVY-TV (Channel 10). Mary Alexandra Gable was just 19 years old.

North Carolina State Highway Patrol Trooper C.H. Allison said that a pickup truck struck Gable's car as she was attempting to turn onto Peartree Road from Pitts Chapel Road. According to local police, a deadly car crash occurred in the exact same location nearly a year ago.

Paramedics transported Gable to Albemarle Hospital for emergency help. She was then flown to Sentara Norfolk General Hospital. Sadly, she couldn't be saved.

According to Allison, the driver of the pickup truck was treated at the hospital and later released.

Gable apparently graduated from Kellam High School last year. Since then, she had been studying at Tidewater Community College.

If your child has been hurt in a car crash, contact Michael S. Weisberg. He has been helping folks like you and your family for 30 years in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

Norfolk Man Shot In Virginia Beach

Tue, 24 May 2011 08:00:00 EST

A Norfolk man was found dead in Virginia Beach at 2 a.m. early Monday morning. According to local reports, the man was shot to death in a 7-Eleven parking lot. No one has been charged so far due to unclear information on whether the shooting can be justified.

Investigators found a shotgun near the vehicle which belonged to the gun shot victim, 20 year-old Derek Spencer. They have reason to believe that the shotgun belonged to Spencer. According to authorities a crowd from Hanger 09 gathered at the near-by convenience store and an argument started which initiated the gunfire shots. Along with the death of Derek Spencer, two other individuals were taken to the hospital and treated. They were released soon after. Spencer's body was covered in a vehicle on 6600 block of Stoney Point South. Police will speak with the commonwealth attorney to find out if the shooting was justified. If you need legal advice in a personal injury or criminal situation contact your local Hampton Roads attorney, Michael S. Weisberg

Ejected from Speeding Car, Female Driver Dies on I-64 in Norfolk

Mon, 23 May 2011 08:00:00 EST

A female driver tragically died recently when she completely and inexplicably lost control of her luxury sedan and crashed on route I-64 in Norfolk, VA.

Sgt. Michelle Anaya of the Virginia State Police told the Daily Press, a Tidewater area newspaper, that Pamela Dawn Ferman was apparently not wearing a seat belt when she crashed. She was ejected from the vehicle when her 2011 Nissan Versa hit a guard rail and overturned.

Paramedics pronounced that 31-year-old Ferman, of Virginia Beach, was dead at the scene on I-64 eastbound close to Chesapeake Boulevard.

According to the report, Sgt. Anaya said the female driver was apparently zooming "at a high rate of speed" when she left the road and slammed into a jersey wall. She then smashed into a guard rail on the other side of the highway.
It remains unknown whether or not alcohol was a factor in this incident.

If you or a family member has suffered as a result of a car accident in Norfolk, VA, there is immediate help available. Contact Michael S. Weisberg PC today by calling 1-800-690-0235.

Young College Student Killed in Car Wreck in Norfolk

Mon, 23 May 2011 08:00:00 EST

The family of a college student who died in a car wreck is asking for donations to help with the cost of the untimely funeral.

According to a news report from WAVY-TV, the car wreck that killed Yabeth Dade occurred on Sunday, May 1, 2011. Yabeth Dade was enrolled at Old Dominion University, one of the leading public colleges in Virginia. Another freshman at ODU, Yoseph Dade, was severely hurt in the crash, according to a letter ODU officials sent to grieving faculty and students after the tragic event.

Both from Alexandria, VA, Yabeth and Yoseph Dade were studying information systems, or business computing.

Yabeth Dade was buried on May 9th. According to ODU officials, contributions can be made at www.yabeth.com.

If your child has been hurt in a car crash, contact Michael S. Weisberg. He has been helping folks like you and your family for 30 years in the Tidewater area. Call toll-free today at 1-800-690-0235 for a free consultation.

New Car Designs Make Accidents More Likely

Thu, 19 May 2011 08:00:00 EST

You're more likely to get into an accident when driving one of today's new luxury sports cars than older versions of these upscale vehicles, according to a Forbes blog post.

The article, "Design Disasters: Three Ways Cars Are Getting Worse," by Matthew de Paula, who pens the Auto Insider blog for the magazine, reports that high-end vehicles like the BMW 3 Series "have ‘run flat' tires with beefed up sidewalls." These tires are designed to let drivers keep going even when a flat occurs. But apparently there are strange side effects. For instance, when de Paula hit a pothole while driving a BMW, a coffee tumbler was "launched into the air." The tire, however, stayed inflated. "When I got home, I found a two-inch gash right above the edge of the rim," de Paula writes.

Another time, while de Paula was driving an Audi A5, he encountered a sizeable pothole that had been momentarily concealed by the Ford van he was trailing on the Brooklyn-Queens Expressway in New York City. Both the driver of the Ford and de Paula tried to avoid the pothole. They both failed. But while the van wasn't impacted by it, the "low-profile rubber on the 18-inch wheel of the Audi A5" completely collapsed.

Apparently, this is the new car designers' idea of safety. "And it's only one of several unfortunate trends in automotive design that are making cars less practical, less comfortable and in some cases less safe," writes de Paula.

If you've been involved in a car accident, we're here to help in the Virginia Beach or Tidewater area. Contact Michael Weisberg PC today by calling 1-800-690-0235.

Hampton Roads Drivers Are Cautioned About Texting While Driving

Thu, 19 May 2011 08:00:00 EST

Hampton Roads drivers are finding themselves in a very technology advanced world, which has its positives and negatives. Many people are constantly surrounded by technology which can cause distractions. One huge distracter for Virginia drivers is texting. In Virginia, texting is illegal. However, authorities cannot pull a driver over for texting alone; texting is qualified as a secondary offense. However, if a driver is swerving or speeding while texting, police can pull a driver over for reckless driving such as swerving or speeding and then charge them with texting while driving along with the primary offense.

According to local reports, many Virginia State troopers see multiple distracted drivers while patrolling. Drivers are not only distracted by texting but also by talking on the phone, putting on make up, and even reading. When patrollers notice a swerving vehicle, most often the driver was distracted by one of these items. Local authorities have noticed a rise in automobile accidents, and they believe drivers trying to multi-task are the blame for many of these accidents. If you have been injured in an automobile accident, been the cause of an automobile accident, or have been charged with reckless driving, you should contact your local Hampton Roads personal injury and traffic attorney.

Former Norfolk College Basketball Star Killed in Car Crash

Fri, 06 May 2011 08:00:00 EST

A former star of Christopher Newport University's basketball team, Brian Herrmann, was killed in a car accident on Saturday, April 17, 2011. Herrmann was 21 years old. Two other young men died in the crash as well.

CNU coach John Krikorian heard the news when he got a phone call early in the morning, according to a report in The Virginian-Pilot, a local Tidewater area newspaper.

"As a coach, you pray that your phone doesn't ring early in the morning," said Krikorian.

Apparently, the vehicle that Herrmann was riding in went out of control on Interstate 64 in Norfolk, plowing into a ditch at 11 p.m. The car was allegedly heading eastward on I-64 about half a mile west of Chesapeake Boulevard at high speeds when it went off the left side of the road.

A spokeswoman for the Virginia State Police told the media that Herrmann died at Sentara Norfolk General Hospital. The two other men in the car-Clarence Ramone Hill, 22, of Norfolk, and Terrell Dontae Cherry, 21, of Newport News-died at the scene of the accident. A fourth passenger was still in the hospital and in critical condition, the police spokeswoman said.

Conley Taylor, the leading scorer last season for CNU, was devastated by the death of his friend.

"I grew up with Brian," said Taylor, a junior at CNU who went to Menchville High. "We used to compete and we got closer when we came together on the same team. We'll miss him on and off the court."

The CNU team planned to have a memorial dinner in Herrmann's honor.

"He was just the most likeable, respectful ... the guy you just wanted to be around," said Krikorian. "He loved his teammates. He valued his friendships with his teammates more than just about anything else in the world."

If your loved one has been killed or injured in a Norfolk area car crash, we may be able to help you. Contact Michael S. Weisberg by calling 1-800-690-0235. We have 40 years of experience in dealing with car accidents in the Tidewater area.

New Federal Safety Standards May Reduce Risk of Injury for Children

Tue, 03 May 2011 08:00:00 EST

A new federal safety rule will require that all new vehicles have "back-up cameras" by 2014. The National Highway Traffic Safety Administration is using the ruling to implement a 2007 law that amended the federal motor vehicle safety standard on rearview mirrors. The forthcoming rule change is designed to improve the ability of a driver to detect pedestrians, especially children, in the area immediately behind his or her vehicle. Hopefully, it will reduce the likelihood of a car running over a child pedestrian while the driver is backing out of the driveway. Cameras expand the field of view for all passenger cars, trucks, multipurpose passenger vehicles, buses, and low-speed vehicles.

The area right behind each vehicle must be visible when the driver puts the car's transmission in reverse. Today, only a wide-angle camera linked to a dashboard display meets that requirement. This technology will add between $159 and $203 to the cost of a new vehicle. However, the NHTSA is proposing additional, lower cost alternatives, like a sensor with a warning noise.

The rule is expected to prevent an estimated 228 car accident deaths every year. According to federal data, 44 percent of those killed in accidents are children under the age of five.

If your child has been hurt in a car accident, contact Michael S. Weisberg at 1-800-690-0235. We have 40 years of experience in dealing with car accidents in the Tidewater area of Virginia.

Local Authorities Searching For Dog Responsible For Injuring Woman

Mon, 02 May 2011 08:00:00 EST

Friendly dogs can make great family pets. However, pet owners need to remember to keep a close eye on their animals to make sure that they do not injure others. The Hampton Health Department reported earlier this week that they are looking for a local dog that is responsible for biting and injuring a woman earlier this week.

According to local reports, a woman was walking near Edgewater Road when two women approached from the opposite direction walking a large brown and white dog. The dog is believed to be part mastiff. The woman attempted to avoid the dog but it lunged at her and bit her in the hip. The Hampton Health Department is searching for the dog and its owner so that the dog can be tested for rabies and other illnesses, which may have infected the victim.

The Hampton Health Department is encouraging anyone with information on the location of the dog or the identity of the dog’s owner to contact them immediately. Virginia pet owners have an obligation to ensure that their pets do not cause harm to others. If you have been the victim of a dog bite, a Hampton Roads personal injury attorney may be able to help. Call a local attorney who is experienced in dog bite and personal injury cases today for a free consultation.

Virginia Beach Man Pleads Guilty to Five Bank Robberies

Mon, 02 May 2011 08:00:00 EST

James Pizer of Virginia Beach appeared in federal court in Norfolk this past Tuesday and pled guilty to five charges of armed bank robbery. The robberies took place across the Tidewater area and included locations in Chesapeake, Suffolk and Virginia Beach from approximately July to November of last year.

Pizer also admitted that he attempted to rob a sixth bank in November of 2010. According to local news reports, bank employees recognized Pizer from a warning flier that was distributed by local law enforcement as he was approaching the sixth bank that he intended to rob. The bank tellers refused to let Pizer enter the bank.

Pizer fled from the bank but was arrested later than day. Pizer is scheduled to appear back in federal court in September for sentencing. He is facing a maximum sentence of 25 years in prison. If you have been arrested or charged with a criminal offense in the Norfolk, Suffolk, Chesapeake or Virginia Beach areas, an experienced criminal defense attorney can help to ensure that your rights are protected. Contact your local Virginia criminal defense lawyer today.

Virginia Man Receives 360-Year Prison Sentence

Fri, 29 Apr 2011 08:00:00 EST

A man from Virginia Beach received a 360-year prison sentence this week following a four-day trial. Richard Richardson, Jr. was convicted of more than forty charges including robbery, abduction, rape, aggravated malicious wounding, and illegal use of a firearm. The jury that heard the case found Richardson guilty on all accounts and recommended the 360-year sentence. The judge agreed and entered the final judgment in the case.

According to reports, the criminal acts that resulted in a multi-century prison sentence for Richardson began in 2008. During the trial, the prosecutor presented evidence that suggested that Richardson and two additional co-defendants had robbed two victims at gunpoint at a Virginia Beach apartment complex.

The three men returned to the same apartment complex three days after the initial robbery with the intention of invading the home of the same person. However, the defendants broke into the wrong apartment unit. When they entered the unit, they found approximately ten people inside. The defendants demanded that the occupants lie face-down on the floor and empty their pockets.

During the invasion, two of the victims were forced into a separate room and sexually assaulted. At some point during the invasion, a man knocked on the door of the apartment unit. One of the defendants allegedly opened the door and began firing a gun at the man. The man sustained gunshot wounds to the head and abdomen. There has been word regarding whether the defendant will seek an appeal in this case.

Speeding and Failing to Wear a Seat Belt Were Factors In a Deadly Car Accident

Fri, 29 Apr 2011 08:00:00 EST

Local authorities believe that speeding and failing to wear a seatbelt resulted in the car accident death of a 31-year-old local woman earlier this week. According to news reports, a Nissan Versa was traveling eastbound on I-64 in Norfolk at a high rate of speed. Around 3:20 a.m. on April 28th, the vehicle ran off the left side of the roadway and collided with a jersey wall.

According to reports, the driver attempted to gain control of the vehicle, but overcorrected her steering and veered off of the right side of the roadway. The vehicle struck a guardrail, overturned, and the driver was ejected from the car. The driver was declared dead at the scene of the accident. The driver was the only individual involved in the accident.

Local authorities reported that the driver was not wearing a seatbelt at the time of the accident. Car accidents take hundreds of lives throughout the Commonwealth of Virginia each year. They are also responsible for thousands of injuries. Drivers can reduce their chances of being involved in accidents on the highway by following posted speed limits, wearing their safety belts and paying close attention to the roadway, including the actions of the other drivers around them.

Virginia Beach Man Charged With Hit-and-Run

Thu, 28 Apr 2011 08:00:00 EST

A Virginia Beach man was arrested and charged with a felony hit-and-run after he allegedly struck an 11-year-old girl with his car as she attempted to cross Lynnhaven Parkway with several of her friends. The man has been accused of fleeing the scene following the accident. According to news sources, the young girl is currently hospitalized and listed in critical condition.

This incident does not appear to be the man’s first run-in with the law. A Virginia court recently found the man guilty of an unrelated assault and battery incident that occurred in 2009. The verdict in the assault and battery case was supposed to be deferred until later this fall; however, the man was brought before a Juvenile and Domestic Relations Court judge last week for failing to comply with the stipulations of a community corrections program.

The man accused of critically injuring an 11-year-old girl is scheduled to appear at trial on May 25, 2011. If you have been arrested and charged with a DUI, traffic violation or criminal offense in Norfolk, Hampton Roads, Virginia Beach or the Suffolk area, an experienced Virginia defense attorney may be able to help. The Commonwealth considers these types of violations to be very serious offenses. A Virginia DUI and traffic lawyer can provide you with an exceptional legal defense and ensure that your rights are protected to the fullest extent under the law.

Criminal Manslaughter Charges Dropped Against Police Officer In Norfolk

Thu, 28 Apr 2011 08:00:00 EST

A Virginia judge dropped criminal manslaughter charges that were pending against Officer Joey Bennett who was accused of playing a role in the death of a bicycle rider last year. A second manslaughter charge is still pending against another officer who was allegedly involved in the fatal crash that took Donnell Worsely’s life.

According to local news reports, Officers Bennett and Folston were driving in separate police cars on Brambleton Avenue near Norfolk State University. The officers were allegedly responding to a call when Officer Bennett noticed a bicyclist crossing the street in front of him. According to reports, he was able to stop his police car. Unfortunately, Officer Folston allegedly pulled around Bennett’s cruiser and stuck Worsely.

According to evidence obtained from a global positioning system, Officer Bennett’s car had been traveling at a rate of approximately 60 mph. The posted speed limit on Brambleton Avenue is 30 mph. Officer Folston, the second officer involved in the motor vehicle death of Donnell Worsely, will be attending a court hearing next week on charges of reckless driving and manslaughter.

Medical Malpractice Lawsuit Filed Against Valley Health By Former Employee

Wed, 27 Apr 2011 08:00:00 EST

A former employee of the Winchester Medical Center recently filed a lawsuit against Valley Health claiming that she was wrongfully terminated from her position at the medical facility and that at doctor at the facility committed medical malpractice during a medical procedure that he performed on the employee.

The case was recently moved from a state trial court to a Virginia Federal District Court since the former employee is also claiming that the medical facility violated the Family Medical Leave Act (FMLA), which is a federal law and therefore invokes federal jurisdiction over the case.

The case stems from an incident that occurred in 2009. The former employee alleged that she was fired from her job after she complained about a surgery that was performed on her by a doctor at the medical center that allegedly required her to have a subsequent surgery performed to repair a tear in her bladder. The plaintiff also alleged that the hospital did not allow her to take sick leave for a surgery in 2010. She believes that this action is a violation of the Family Medical Leave Act.

Attorneys for the medical center have denied all liability in this case. According to news sources, hospital representatives have indicated that the hospital employees that treated the plaintiff did not act with gross negligence. The former employee is seeking a total of $550,000 in damages for her wrongful termination and medical malpractice claims against the medical center.

Virginia Man Arrested For DUI After Stealing Chesapeake School Bus

Wed, 27 Apr 2011 08:00:00 EST

A Virginia man was arrested earlier this week and charged with a DUI. When police caught up to him they found him driving a Chesapeake school bus, which had been reported stolen. The arrest occurred across state lines in New Bern, North Carolina. Police officials received a tip from another motorist who reported that the school bus was driving erratically and weaving in-and-out of its lane. The driver also allegedly drove through a railroad crossing while it had its crossing arm out.

Police officers caught up with the bus driver and were able to get him to stop. According to local news reports, there were no other passengers on the bus. The driver will face charges for DUI, driving without a valid driver’s license and possession of stolen property when he appears in court in early June.

If you have been arrested for a DUI in Virginia, you should contact an experienced attorney who is intimately familiar with the DUI and traffic laws in Virginia. Self-representation in DUI cases is generally not recommended due to the complexity of the evidentiary laws in this area. An experienced DUI attorney can ensure that your legal rights are protected and that you receive the most favorable outcome possible in your Virginia DUI or traffic case.

Suffolk High School Teacher Arrested and Charged With DUI

Wed, 27 Apr 2011 08:00:00 EST

A teacher from Kings Fork High School in Suffolk was stopped and charged with a DUI offense in Virginia Beach earlier this week. This arrest was allegedly the teacher’s third DUI offense. The teacher is currently awaiting court proceedings in the Virginia Beach jail. According to local news reports, he was not granted bail.

The Commonwealth of Virginia takes DUI offenses very seriously. Your first DUI offense can have life changing consequences including the loss of your license, fines, and potentially jail time. In Virginia, DUI and DWI offenses are classified as class one misdemeanors. This is the highest misdemeanor classification and is punishable by up to one year in prison.

Some DUI cases are classified as felony offenses, in which case, the offender may be required to serve a mandatory minimum sentence of six-months in prison. The potential punishments can increase with each subsequent DUI conviction that you receive. If you or someone you know has been arrested for a DUI in Virginia, contact an experienced Virginia DUI attorney right away to ensure that your legal rights are protected.

Defamation Lawsuit Filed Against Virginia Police For False Accusation

Mon, 25 Apr 2011 08:00:00 EST

Michael Lewis, Jr. recently filed a civil lawsuit against a Virginia police officer claiming defamation, malicious prosecution, and false imprisonment. Originally, a Virginia Circuit Court had dismissed the case; however, the Virginia Court of Appeals recently reinstated the defamation claim after Lewis appealed the decision of the lower court.

The events that led up to the lawsuit began on August 1, 2008. According to court documents, Lewis, who was working as a general contractor, was working on a project in a residential neighborhood. While he was sitting in the driver’s seat of his parked truck talking with a customer on the phone, a ten-year-old child approached Lewis and asked if he would give him a ride home. Lewis agreed to give the child a ride even through he did not know him.

As the child got into the truck, a man who lived in the neighborhood came out of his home and approached the truck. He yelled at the child and told him to get out of the truck. Once the child exited the vehicle, Lewis attempted to explain the circumstances regarding the child to the concerned man and then drove away. The local man called the police and reported that he had witnessed an attempted abduction.

According to reports, the local news ran a televised story on the night that the incident occurred, claiming the police were “on the hunt for a suspect who tried to kidnap a local child.” Several days later, an officer from the Prince George County Police Department obtained an arrest warrant for Lewis based solely on the information that was provided by the local man who watched the child get into Lewis’ truck. According to the complaint, the officer did not interview the child or the child’s parents prior to arresting Lewis.

Lewis was held in jail for forty-one days and was denied bail on two separate occasions. The charges pending against Lewis were dropped after his defense lawyer and the attorney for the Commonwealth spoke with the child and confirmed Lewis’ version of the events that took place on August 1, 2008.

Lewis now claims that he was defamed when the officer that arrested him wrote an article about the arrest and published it on the county’s website. The article contained a picture of Lewis and stated that he had been arrested in connection with the local abduction case. According to court documents, the article remained on the website for several months after the charge against Lewis had been expunged.

The case was remanded back to the Circuit Court for further proceedings regarding Lewis’ defamation claim.

Personal Injury Claim For $20 Million Filed In Virginia Against the Makers of Botox

Fri, 22 Apr 2011 08:00:00 EST

A federal jury will begin hearing testimony this week for a personal injury lawsuit that was filed against, Allergan, Inc., a company most commonly known for manufacturing and distributing the wrinkle smoothing drug, Botox. According to reports, Douglas Ray, Jr., a man from Fredricksburg, Virginia, filed a lawsuit after receiving Botox injections in his right hand.

The Botox injections were allegedly intended to treat and relieve symptoms related to a hand-cramping condition, commonly referred to as “writer’s cramp”. Mr. Ray suffered from a brain injury shortly after receiving the injections in his hand, which he believes were caused from the Botox. The cornerstone of Mr. Ray’s personal injury claim is that Allergan promoted the use of Botox for treatments that were not approved by the FDA, including writer’s cramp.

Mr. Ray is now totally disabled and fully dependant on others to provide him with life sustaining care. He is seeking $20 million from Allergan, Inc. as compensation for his injury. If you have been injured during a medical procedure or suffered adverse consequences from a medication or treatment that was prescribed to you or administered by a medical professional, a Virginia personal injury attorney or medical malpractice lawyer may be able to help you secure compensation for your injuries and medical bills.

Virginia Beach Man Found "Not Guilty" For 2009 Killing By Reason of Insanity

Fri, 22 Apr 2011 08:00:00 EST

The trial of Aaron Louis Patterson, a man accused of a double shooting incident that resulted in the death of one man and the severe wounding of another, came to a close this week after a jury found Patterson not guilty by reason of insanity.

In 2009, Patterson shot his neighbor and the neighbor’s brother who was visiting for the Christmas holiday. According to reports, Patterson baracaded himself inside of his home when the police showed up to the scene of the crime. He was eventually obtained, arrested and taken into police custody. Patterson was originally charged with multiple counts which included murder, malicious wounding, using a firearm while committing a felony and possessing a weapon while in jail.

In Virginia, certain crimes require a mental element, which is often referred to as “mens rea”. Murder is crime that requires the perpetrator to specifically intend to take the life of another. Individuals who are “insane” or do not have the mental capacity to specifically intend to commit the crime of murder may not be found guilty of the offense in the traditional sense. This is precisely what occurred at the end of Patterson’s trial this week. However, the fact that Patterson was found “not guilty” by reason of insanity does not mean that he gets to go home and move forward with his daily life.

Section 19.2-182.2 of the Virginia Code mandates that in cases where the defendant is acquitted by reason of insanity, the court must place the defendant into the temporary custody of the Commission of Behavioral Health and Developmental Services who will decide whether the defendant will be committed at a mental health institution.

If you have been charged with a crime, contact an experienced Virginia criminal defense attorney as soon as possible following your arrest to ensure that your rights are protected. A Virginia criminal defense lawyer can advise and assist you through every step of the criminal process including arraignment, bail, preliminary hearings, trial and appeal.

Reckless Driver Collides With Stopped Police Car On I-264

Fri, 22 Apr 2011 08:00:00 EST

Most Virginia drivers will receive a speeding ticket or other motor vehicle citation at some point during their lives. In many cases, a Virginia traffic attorney may be able to get the ticket thrown out or reduced depending upon whether the Commonwealth of Virginia can produce enough evidence to sustain the citation. One traffic incident that occurred this week, however, may prove very difficult to defend.

On Wednesday afternoon the driver of a Jeep was traveling at a high rate of speed down I-264 in the westbound lane. Suddenly, the driver came upon congested traffic and was unable to stop his vehicle. In order to avoid hitting the cars that were directly in front of him, the driver swerved off the road and collided with a state police motorist assist unit that was stopped along side of the highway.

According to reports, the Virginia police officer who was sitting in his vehicle at the time of the collision was not harmed in the crash. The driver of the Jeep sustained minor injuries in the accident and was treated at a local hospital. The driver was later charged with reckless driving and driving without a valid driver’s license.

If you have recently received a traffic citation by a Virginia police officer, it is often in your best interests to speak with a Virginia traffic attorney before conceding to the ticket by paying your fine. An experienced traffic lawyer in Virginia may be able to get your ticket thrown out or reduced. In some cases, this may mean the difference between keeping and losing your driving privileges.

Virginia Law Prevents Pharmacists From Compounding Drug To Treat At-Risk Pregnancies

Fri, 22 Apr 2011 08:00:00 EST

The drug compound known as “17 HP” has historically been used to treat pregnant women who are not producing enough of the progesterone hormone. This hormone deficiency has been linked to a high rate of premature births and miscarriages in pregnant women.

According to reports, local pharmacies that have been compounding and dispensing the drug for decades may no longer do so due to a nuance in Virginia’s law. Section 54.1-3410.2 of the Virginia Code permits pharmacists to compound medications so long as they are not commercially available. Recently, KV Pharmaceutical began manufacturing the drug. Reports indicate that the drug can cost up to $1,500 from the new manufacturer. Previously, patients were able to purchase the drug for $10-$35 per does from their pharmacist.

Since local pharmacies are no longer permitted to create the medication, the only way that pregnant woman who are in need of the medication can get it is to purchase it from the pharmaceutical company. Tragically, at $1,500 per dose, it could potentially cost $30,000 or more to treat a woman with this type of hormone deficiency throughout her pregnancy. Women who cannot afford the medication may end up losing their children if the law is not changed.

Virginia Beach Police Investigate Fatal Accident

Wed, 20 Apr 2011 08:00:00 EST

Virginia Beach police are probing into a fatal accident in which a parking enforcement worker was killed after a motorist allegedly hit him. The driver was charged with failure to yield the right of way.

Police say that 21-year-old Cory James Dyer died an hour after the accident.

Dyer's motorized scooter crashed into a sports utility vehicle (SUV). The SUV's driver was 60-year-old Patricia Gail Kimball, of Virginia Beach.

Central Parking System, which enforces parking for the city at the oceanfront, employed Dyer.

The crash remains under investigation, according to police.

If you or a loved one has been injured recently in a motor vehicle accident in Norfolk, VA or the Tidewater area, we can help you right now. Contact Michael S. Weisberg, P.C. by calling 1-800-690-0235 today. We've been helping motor vehicle accident victims like you for more than four decades.

Virginia Judge Sets Aside Multi-Million Dollar Verdict In Medical Malpractice Case

Wed, 20 Apr 2011 08:00:00 EST

A judge in Portsmouth, Virginia recently set aside a $3.5 million dollar verdict that had been awarded to a plaintiff in a medical malpractice case. The case began when a lawsuit was filed by the estate of Kenneth Westermann. Mr. Westermann had sought medical treatment from a family practitioner after suffering from chest pain. His doctor prescribed him a pain reliever.

Unfortunately, Mr. Westermann’s symptoms grew worse and he returned to the family practitioner’s office the next day. The doctor diagnosed him with an upper respiratory infection and prescribed cough syrup for the treatment of the infection. Mr. Westermann had a chest x-ray performed later that day at a local hospital. The x-ray revealed that Mr. Westermann was suffering from pneumonia.

The hospital contacted the family practitioner’s office to provide the doctor with the results of the chest x-ray. Several days passed before the doctor took any action on the information that was revealed by the x-ray. At some point, the doctor’s office attempted to contact Mr. Westermann but they dialed the wrong number. According to reports, the medical office did not make any subsequent attempts to contact Mr. Westermann to inform him of his condition.

Mr. Westermann’s health continued to deteriorate. He was found unresponsive in his home by his former wife and rushed to the hospital. According to news sources, he passed away from complications related to pneumonia shortly after he was admitted to the hospital.

A medical malpractice lawsuit was filed against the doctor and the medical practice group that failed to contact Mr. Westermann and the jury in the case originally awarded Mr. Westermann’s estate $3.5 million against the medical practice group. However, since the verdict exonerated the doctor, the court set the verdict aside.

If you believe that you may have a claim for medical malpractice, you should contact a Virginia medical malpractice attorney to have your case evaluated.

High School Students Reminded To Avoid Drinking and Driving After Prom

Wed, 20 Apr 2011 08:00:00 EST

In many school districts across Virginia students are making plans for prom night throughout the months of April and May. Each prom season, teenagers will be enticed to participate in post-prom activities, which often include underage drinking or the use of illegal drugs and other substances. These activities are dangerous in and of themselves; however, driving after consuming alcohol or other mind-altering substances can have life-altering consequences.

Each year, the lives of hundreds of teens and other individuals end too early because of drug and alcohol-related accidents. Commonly, alcohol related accidents claim numerous lives aside from the intoxicated driver. High schools across the country have been holding demonstrations with mock accidents to show the potential consequences of driving under the influence on prom night. According to one local report, students at local high school exhibited an emotional response after visualizing their friends and peers in an accident demonstration.

While fatalities are common when drivers operate a motor vehicle under the influence of alcohol, they are not the only consequences of the offense. Even if you are not involved in an accident, you may be stopped by a Virginia police officer and charged with a DUI. In Virginia, DUI offenses often result in the loss of your driver’s license, fines and jail time. Prom is meant to be a fun and festive time of year for students; however, the potential consequences of drinking and driving are never worth taking a chance behind the wheel.

High Speed Crash Claims One Man's Life In Newport News

Wed, 20 Apr 2011 08:00:00 EST

Driving at a high rate of speed has the potential to cause more harm and damage to both the driver and his or her vehicle in the event that an accident occurs. Drivers who speed are also much more likely to lose control of their vehicles and fail to safely react to sudden obstructions in the roadway. According to reports, speed was a likely factor in a Newport News car accident that claimed the life of one man and left another driver seriously injured.

The fatal car crash allegedly took place Tuesday night around 10pm on Warwick Boulevard in Newport News, Virginia. Local reports indicate that Lawrence McCross attempted to pass another vehicle on the roadway by pulling into the southbound lane. Unfortunately, McCross did not have enough time or clearance to return to his lane before he struck another vehicle.

Lawrence McCross was pronounced dead at the scene of the accident. The driver of the other vehicle was transported to a local hospital and is reported to be in serious condition. Drivers can reduce their chances of being involved in a fatal collision by following posted speed limit signs, obeying Virginia's traffic rules, wearing a safety belt and focusing their attention to the task of driving.

If you or someone you know has been injured in a motor vehicle accident, a Virginia personal injury attorney may be able to help you recover compensation to pay for medical bills, property damage, lost wages and other costs associated with the accident. Contact a Virginia personal injury attorney today for a free case evaluation.

Fatal Forklift Accident in Portsmouth, VA

Tue, 19 Apr 2011 08:00:00 EST

A forklift accident at APM Terminals in Portsmouth, VA has claimed the life of a 38-year-old female worker, according to a report on WAVY-TV (Channel 10).

Police say that the employee, Paula Bellamy, of Portsmouth, was working as a "slinger," someone who guides a crane operator, when she was struck by a forklift. She died from her injuries.

According to the WAVY-TV report, the Portsmouth Police Department believes that the forklift operator's vision was obscured by containers when he hit the victim at Ceres Terminals Incorporated.

Police are continuing the motor vehicle accident investigation. If you or a loved one has been injured recently in Norfolk, VA or the Tidewater area, we can help you right now. Contact Michael S. Weisberg, P.C. by calling 1-800-690-0235 today. We've been helping personal injury victims like you for more than four decades.

Man Arrested For Practicing Dentistry Without A License

Tue, 19 Apr 2011 08:00:00 EST

A North Carolina man was recently arrested and charged with practicing dentistry without a license. Each state has specific licensing procedures and criteria for individuals who wish to provide certain professional services such as dentistry and medicine. These criteria often require the individual to complete specific educational courses and refrain from engaging in practices that are unethical or potentially harmful to the general public.

As a general rule, individuals who are not fit to provide medical or dental services will not be issued a license. In certain cases, licenses may also be revoked for failing to act in accordance with state issued regulations and safety precautions. Receiving medical or dental services from an individual who is not qualified to hold a professional license could result in injury, botched procedures or even death.

According to reports, Alejandro Mendoza had been engaging in the unauthorized practice of dentistry and dispensing medication without a license. It is alleged that the man ordered and received Lidocaine on several occasions for the purpose of dispensing it to his patients. Since Mendoza was unlicensed, it is likely that he used fraudulent practices to obtain the prescription medications.

If you have received treatment from an unlicensed practitioner who held himself out as a bona fide medical professional, you may have a legal claim for medical malpractice. The best way to determine whether you may have a valid claim for medical malpractice is to contact a Virginia medical malpractice attorney who has years of experience handling these types of cases. A Virginia medical malpractice attorney can evaluate your case and provide you with guidance if you wish to pursue a legal remedy.

Motorcycle Accident Delays Traffic in Chesapeake

Mon, 18 Apr 2011 08:00:00 EST

A motorcycle accident caused a significant backup on a recent morning southbound on Interstate 664 at Military Highway in the Bowers Hill neighborhood of Chesapeake, VA.

According to a report on WAVY-TV (Channel 10), the motorcyclist was taken to a local hospital. No word on his condition was available at press time.

If you or a loved one has been injured recently in a motor vehicle accident in Chesapeake, VA or the Tidewater area, we can help you right now. Contact Michael S. Weisberg, P.C. by calling 1-800-690-0235 today. We've been helping motor vehicle accident victims like you for more than four decades.

Norfolk Law Firm Reminds Drivers to Use Caution After Numerous Car-Related Deaths This Weekend

Mon, 18 Apr 2011 08:00:00 EST

The Law Office of Michael S. Weisberg P.C. would like to remind drivers to use additional care and caution while driving their vehicles on Virginia’s roads and highways. Jut this past weekend alone, there were at least five vehicle-related deaths and two critical injuries that were reported by local authorities.

On Saturday evening, a vehicle containing four passengers was traveling down I-64 in Norfolk at a high rate of speed. According to reports, the driver lost control of the vehicle and it veered off of the highway and crashed into the ditch. Three of the four passengers were killed in the crash. The fourth passenger is listed in critical condition. None of the passengers were wearing seat belts at the time of the accident.

On Sunday a driver from North Carolina who was traveling through Virginia Beach was killed when his SUV veered off the road and flipped over. The man was ejected from his vehicle during the crash. According to reports, the man was also not wearing a safety belt at the time of the accident.

Also, this weekend a Hampton Roads woman was struck and killed while crossing the street. According to reports, the woman was crossing Todds Lane at Carr Lane when she was struck. The driver of the vehicle was not injured. The woman was taken to the hospital with critical injuries and pronounced dead a few hours after she arrived. Many accidents, deaths and critical injuries could be avoided if drivers slowed down, wore their safety belts and payed attention to the road.

Preliminary Study Suggests Effectiveness of Red Light Cameras

Mon, 18 Apr 2011 08:00:00 EST

The Virginian-Pilot has been monitoring the effectiveness of the red-light cameras that were installed at 13 intersections throughout Virginia Beach and have come to some positive conclusions regarding the project. The local paper’s study and analysis revealed that the number of motor vehicle crashes have decreased by 24 percent since the cameras have been installed.

According to the report, the intersection at Virginia Beach Boulevard and Great Neck Road saw the greatest amount of improvement with collisions falling 82 percent since 2008. It appears that people who are aware of the red-light camera program are choosing to stop and yellow and red lights rather than risk receiving a fine in the mail for violating the traffic laws.

An interesting feature that was discovered in the study was that the majority of the collisions that did occur at the camera monitored intersections were rear-end collisions rather than side impact collisions. While rear-end collisions have the potential to cause serious injuries, they are less likely to produce fatalities than side impact collisions.

Local authorities are not ready to concede that the installation of the red-light cameras has made a significant positive impact on the community. Since they have only been in place since 2009, it may be too early to produce an accurate conclusion regarding the effectiveness of the cameras. However, preliminary statistics appear to suggest that the program is reducing the number of accidents and fatalities in the Virginia Beach community.

Virginia Tech Faced With Personal Injury Lawsuit

Fri, 15 Apr 2011 08:00:00 EST

Virginia Tech recently received notice that they have been named in a personal injury lawsuit involving a teenage boy. In 2009, the Seth Greenberg Basketball Camp was held at the Wall Memorial Gym at Virginia Tech. One of the camp participants fell while engaging in camp related activities. The teenage boy struck his head against the wall of the gym and sustained numerous injuries including a brain injury, fracture, bruises and cut wounds. Although the boy has recovered, reports indicate that he poses a greater risk of future injuries and health complications as a result of the fall.

According to reports, the lawsuit alleged that the wall that caused the teenage boy’s head injuries should have been padded. The lawsuit also indicated that the game official who was present at the time of the injury was not sufficiently qualified or trained. Essentially, the parents of the injured child are suing because they feel that both the school and the basketball camp did not exercise the appropriate degree of care to prevent injuries of this nature.

All in all, the family of the injured child is seeking $2.5 million in their lawsuit against Virginia Tech and the Seth Greenberg Basketball Camp. The family reports that they have incurred large medical bills as a result of their child’s injury. If you or someone you know has been injured on the property of another individual or business, a Virginia personal injury attorney may be able to help you recover for your injuries and medical expenses.

Tractor Trailer Crash Knocked Out Power To Thousands In Norfolk

Fri, 15 Apr 2011 08:00:00 EST

Tractor-trailer accidents are relatively common in the Norfolk and Virginia Beach areas. Unfortunately, truck accidents tend to cause substantially more damage to other vehicles and property due to their size and weight. A tractor-trailer accident that occurred earlier this week demonstrated the destructive power of these vehicles when it knocked out power to thousands of residents and blocked traffic for hours.

According to reports, the tractor-trailer was heading south on Hampton Boulevard in Norfolk when it collided with a utility pole and overturned. A crossing guard who was working near the accident scene reported that he had to run out of the truck’s way to avoid being stuck. The fact that the crossing guard’s stop sign ended up underneath the overturned truck demonstrates how close of a call this was.

Fortunately, no one was physically injured in the accident. The driver of the tractor-trailer was allegedly able to walk away from the scene of the accident. Local police are still investigating the cause of the accident. If you have been injured in a tractor-trailer or automobile accident in Virginia, a Norfolk personal injury attorney may be able to help you recover for your injuries.

Virginia Police Plan to Patrol HOV Lanes More Heavily

Fri, 15 Apr 2011 08:00:00 EST

The Virginia State Police will be patrolling the high occupancy vehicle (HOV) lanes throughout the state more heavily for the next few weeks. The increase in patrolling is reportedly a response to numerous commuter complaints. The State Police plan to focus on stopping and citing speeders as well as drivers committing HOV violations.

Drivers who regularly use the HOV lanes are encouraged to follow the posted speed limit and abide by the high occupancy vehicle lane restrictions. During HOV operating hours, vehicles carrying the designated number of people, usually 2 to 3, can use the lanes. According to the Virginia Department of Transportation, all vehicles may use the lanes during non-restricted times.

Other exceptions apply to the use of Virginia’s high occupancy vehicle lanes. For example, motorcycles are permitted to use the HOV lanes at anytime. Also, certain hybrid vehicles displaying clean fuel license plates may use the lanes with less than the specified number of occupants riding in their vehicle. For a complete listing of the rules and regulations that apply to the use of Virginia’s HOV lanes, visit the Virginia Department of Transportation’s website.

Two Injured in Norfolk Car Accident

Thu, 14 Apr 2011 08:00:00 EST

Two people were injured in a motor vehicle accident in Norfolk, VA on Thursday, March 24, 2011, according to an overnight report on WAVY-TV (Channel 10).

Eye witnesses told the media that a passenger in one of the vehicles was ejected from the vehicle. Police have not yet confirmed the information, however.

Local police rushed to the site of the significant accident in the 6400 block of North Military Highway.

Police department emergency dispatchers say that two people were transported to the local hospital with unknown injuries, WAVY-TV reported online.

If you or a loved one has been injured recently in a motor vehicle accident in Norfolk, VA or the Tidewater area, we can help you right now. Contact Michael S. Weisberg, P.C. Call us today at 1-800-690-0235. We've been helping motor vehicle accident victims for more than 40 years.

Virginia Prosecutor Seeks Higher Penalties For Driving On A Suspended License

Thu, 14 Apr 2011 08:00:00 EST

Virginia prosecutor, Rupen Shah, recently joined forces with State Senator Emmett Hanger, in an effort to pass legislation that would alter the law with respect to the potential penalties that may be handed down for driving on a suspended driver’s license. The new law would alter Section 18.2-36.1 of the Virginia Code, relating to involuntary manslaughter, to allow prosecutors to pursue an involuntary manslaughter charge if someone is killed by another individual who is driving with a suspended license.

Under the current law, a charge of involuntary manslaughter may be issued as a result of driving under the influence of drugs or alcohol, or when a driver’s conduct is grossly negligent or reckless and causes the death of another. If a person in killed in an accident that does not involve a DUI or extreme recklessness, it is currently not treated as a crime. If the new law is passed, drivers could be convicted of the crime of involuntary manslaughter, even if death resulted from an accident where alcohol, drugs or recklessness were not involved.

The prosecutor initiated the potential legislation after he lost a court battle in which he sought a reckless driving conviction for a driver who was involved in an auto accident, which claimed the life of another driver. His driver’s license was suspended at the time of the accident. According to reports, the prosecutor and the deceased individual’s family believe that the driver would have been convicted of involuntary manslaughter if the law was written differently.

Opponents of the new law feel that the new penalty would be unjust. The sentence for involuntary manslaughter can range from one year to 20 years in prison. While it is illegal to drive without a valid license, many drivers may receive suspensions from failing to pay fines or tickets. If they were to get into an accident that resulted in an unintended death, most people would agree that an involuntary manslaughter charge would be a disproportionate penalty for an accident.

Virginia Beach School Bus Accident Reported

Wed, 13 Apr 2011 08:00:00 EST

A school bus packed with children from Virginia Beach was reportedly in an accident on the afternoon of March 25, 2011 on I-264 East before the Independence Boulevard exit.

The bus was motoring from the Renaissance Academy, a private school, on the interstate expressway to take students home at the end of the school day. There were no reported injuries, a spokesperson with the Virginia Beach school system said.

After a safety check, the bus was back in business, delivering the children home safely, according to a report on WAVY-TV (Channel 10).

If you or a loved one has been injured recently in a motor vehicle accident in Norfolk, VA or the Tidewater area, we can help you right now. Contact Michael S. Weisberg, P.C. Call us today at 1-800-690-0235. We've been helping motor vehicle accident victims for more than four decades.

Police Recover Vehicle that Plunged into Chesapeake Bay

Wed, 13 Apr 2011 08:00:00 EST

Police have recovered the car of a Virginia Beach woman who was killed when her vehicle plunged off the side of the Chesapeake Bay Bridge-Tunnel (CBBT) and into the Chesapeake Bay on March 15, 2011, according to a local news report.

Virginia Beach police said that Jean Calcagno was driving her 2007 Toyota Avalon south on the CBBT around 8:30 a.m. when it crashed through a guardrail and into the bay.

Calcagno's corpse was recovered on the same day as the accident, but her sports utility vehicle remained at the bottom of the Chesapeake Bay, in 30 feet of water, for several days.

The vehicle owner's insurance company contracted a dive company to fetch the car, according to a report on WAVY TV.
Divers dragged the vehicle back to the surface of the bay and put it on a barge.

If you or a family member has been injured in a car accident, we can help. We've been representing accident victims in Virginia for close to 40 years. Call Michael S. Weisberg at 1-800-690-0235 today.

Car Accident Plaintiff Was Sanctioned By Court For Failing To Disclose Relevant Evidence

Wed, 13 Apr 2011 08:00:00 EST

Once a plaintiff in a civil action files a lawsuit, they are usually presented with interrogatories and a request to sit for depositions from the opposing party. Interrogatories are a series of questions asked by the other party or parties that are involved in the case for the purposes of gaining additional information about the case. Depositions are formal question and answer sessions that are also used to provide the parties with additional information about the case and are often used to clarify or explore information that was listed in the written answers to the interrogatories. This entire process of gathering information is referred to as the “discovery process.”

During the discovery process, both sides of a civil lawsuit have a duty to provide honest and complete answers to questions that are asked unless they are not relevant to the case. Failing to provide accurate and complete information while answering interrogatories, requests for documents or other physical evidence, or during a deposition may lead to sanctions by the court.

Section 8.01-271.1 of the Virginia Code discusses permissible sanctions that may be imposed if a party fails to offer complete, accurate and relevant evidence during the discovery process. Court issued sanctions can range from paying fines to the court or expenses incurred by the opposing party to having the case dismissed. One Virginia plaintiff who filed a lawsuit after his vehicle collided with a locomotive, was recently the recipient of such sanctions.

According to reports, the car accident plaintiff failed to disclose several felony and misdemeanor charges as well as a prior injury that required him to call an ambulance to transport him to the emergency room. The injuries associated with the undisclosed emergency room visit were noted as being similar to the injuries that the plaintiff claimed to have received in his car accident.

As a result of the plaintiff’ omission of relevant evidence, the plaintiff will be required to pay fees and expenses associated with having additional depositions taken. The plaintiff’s attorney will also be prohibited from using certain evidence at trial. This could have a detrimental effect on the plaintiff’s case. Plaintiff’s involved in civil litigation should always provide their attorney with complete and accurate information, even if they think that certain facts could harm their case. An experienced Virginia attorney may be able to make a strong case on your behalf regardless of your past criminal or medical history.

Tractor Trailer Accident In Portsmouth Shuts Down Portions of I-264

Wed, 13 Apr 2011 08:00:00 EST

Due to their size and cargo, tractor-trailers have the potential to cause serious injuries when they are involved in accidents on Virginia’s roads and highways. Fortunately, no one was seriously injured in the tractor-trailer accident that shut down portions of both the eastbound and westbound lanes of I-264 in Portsmouth, Virginia earlier this week.

According to news reports, the driver of the tractor-trailer had fallen asleep at the wheel while transporting a truckload of blood plasma. The truck veered off the roadway, flipped over, and caught fire. Fire trucks and a Hazmat crew were called to the accident scene to battle the fire and clean up the roadway.

No other vehicles were involved in the accident. The driver of the tractor-trailer reportedly sustained minor injuries and was later charged with reckless driving. If you have been involved in a car accident or tractor-trailer accident, you should contact a Virginia lawyer to assess your case. You may be entitled to compensation for your injuries and expenses. An experienced Virginia attorney can work to ensure that your right to compensation is protected.

Newport News Man Spent 7 Years In Prison Before Being Exonerated By the Court

Wed, 13 Apr 2011 08:00:00 EST

One common motto regarding the American criminal justice system that is often repeated is all defendants are “innocent until proven guilty.” This phrase pertains to the procedural rule that requires the prosecutor to carry the burden of proof in criminal cases. Generally, the role of a Virginia criminal defense attorney is to rebut the evidence that is presented by the prosecutor and ensure that the defendant’s legal rights are protected. Unfortunately, the American criminal justice system failed for one man who spent over seven years behind bars before being exonerated by the Virginia Supreme Court.

Calvin Cunningham was arrested, charged and convicted in connection with a rape that occurred in 1979. The alleged victim was the superintendent of Mr. Cunningham’s apartment complex in Newport News, Virginia. Mr. Cunningham spent over seven years behind bars before he was cleared of the crime through Virginia’s post-conviction DNA program. The Supreme Court of Virginia granted a writ of innocence to Mr. Cunningham earlier this week and he was released from prison shortly thereafter.

According to local news reports, Mr. Cunningham is the eighth man to be exonerated of criminal charges through Virginia’s post-conviction DNA program. The goal of the program is to clear inmates who were falsely accused or innocent of the crimes that they were convicted of through the testing of DNA evidence that was preserved. Most cases involve testing samples that existed and were saved prior to scientific developments in DNA testing and identification procedures.

Post-conviction DNA testing may not be available to all inmates, especially if DNA evidence was not gathered or preserved in their case. However, this program has successfully cleared the names of several individuals who have spent time behind bars for crimes that they did not commit. If you have been arrested or falsely convicted, you should contact an experienced criminal defense attorney in Norfolk, Virginia who can work diligently to protect your legal rights.

Virginia Beach Woman Killed After Crashing Car Into Local Restaurant

Wed, 13 Apr 2011 08:00:00 EST

Car accidents are responsible for thousands of injuries and deaths each year in the Commonwealth of Virginia. Many of those accidents could be avoided if drivers chose to use additional caution and care while operating their vehicles on Virginia’s roadways. Unfortunately, police officials are still investigating the causes that lead one Virginia Beach woman to drive her vehicle into a local restaurant.

According to news reports, an 76-year-old woman named Elizabeth Briggs, lost her life when her vehicle, which was traveling eastbound on Virginia Boulevard, suddenly accelerated and veered off the roadway. Before Ms. Briggs’ car came to rest, she crashed through a chain link fence, drove over a curb and through a dirt lot, and finally collided with a local restaurant.

Ms. Briggs was taken to the hospital by emergency personnel, but later died of the injuries that she received in the crash. According to reports, the woman was wearing a seat-belt at the time of the accident. The local police authorities have not identified the cause of the accident. It is unknown whether alcohol, a medical condition or a vehicle defect played a role in the collision. If you or someone you know has been involved in an automobile accident, a Virginia personal injury attorney may be able to help.

Local Norfolk Child Attacked and Bitten By Rottweiler

Tue, 12 Apr 2011 08:00:00 EST

The local news reported that a young girl in Norfolk, Virginia was attacked and bitten by a rottweiler dog on Saturday, April 9. The child suffered several bite wounds and was taken to a local hospital for treatment. Fortunately, the young girl is expected to recover.

The Law Office of Michael S. Weisberg, P.C. would like to remind residents in the Norfolk and Virginia Beach areas to take special precautions to ensure that their dogs and other pets are adequately contained and restrained on their owner’s property. As the summer months approach, the number of children who play outdoors will increase. Checking to ensure that leashes and fences are in good repair is one simple way to reduce the chances of your pet becoming loose and potentially injuring another individual or child.

Thousands of individuals are injured in dog bite incidents each year. Many of these injuries are serious in nature and may require extensive medical treatment and rehabilitative therapy. If you have been attacked or injured by a dog, you may be able to recover for your injuries. The best course of action is to contact an experienced Virginia personal injury attorney who understands the dog bite laws in Virginia. Filing a lawsuit may not ease the physical pain that is associated with a dog attack, but it may ease the financial burden associated with your medical care and treatment.

Virginia Beach Woman Falls Victim to Craigslist Job Scam

Tue, 12 Apr 2011 08:00:00 EST

The Law Firm of Michael S. Weisberg, P.C. would like to alert Virginia residents to the fact that online scams have become increasingly more common in recent years as more people are using the Internet to communicate, shop and obtain information. Most of us are able to spot fake lottery and inheritance scams that are sent to our inboxes, but most of us wouldn’t expect to be scammed while looking for work. Unfortunately, that is precisely what happened to one Virginia Beach woman earlier this month.

According to news reports, Cidlaly Holbrook, a resident of Virginia Beach, regularly used the popular website Craigslist to find new cleaning jobs. One person recently responded to one of her advertisements and requested cleaning services for a six-month period. They agreed to pay Ms. Holbrook $400.00 a week and even offered to send the payment to Ms. Holbrook in advance. Ms. Holbrook was excited about the opportunity.

When Ms. Holbrook received a check for nearly $2,900, there were instructions attached to it that directed her to cash the check, keep a portion of the money and send the remaining portion to the person’s alleged “landlord” for the purpose of paying for repairs that needed to be completed. Ms. Holbrook complied with the instructions and received a call from her bank a few days later stating that the check was fake. Ms. Holbrook is now on the hook for paying the $2,900 back to the bank. Local police authorities are reportedly looking into the case.

Local residents can protect themselves from becoming the victims of online scams by following a few simple guidelines when conducting business online. You should never wire money via Western Union, Moneygram or any other type of wire transfer service as most requests for payment using this method have been identified as scams. Also, you should avoid cashing third-party checks and sending the cash to the requester. Finally, you should never give out personal or financial information such as bank account numbers or Social Security numbers unless you can verify that the requester is a bona fide business or financial institution.

If you have received any communication that you suspect might be a scam or if you have been the victim of an online scam, you should alert the local authorities as soon as possible. You should also alert your bank and credit card providers that you have been the victim of a financial scam, which may have compromised your financial accounts. This action may prevent additional financial loss.

Gas Bill Scam Targets Elderly Residents In Virginia

Sun, 10 Apr 2011 08:00:00 EST

Virginia police authorities have asked local residents in the South Hampton and Norfolk areas to be vigilant of a new scam that targets local senior citizens. According to reports, individuals have been able to gain access into local homes by claiming to work for the Virginia Department of Social Services. On more than one occasion, a white male has told homeowners that he needed to gain access to a home to measure rooms for purposes of financial assistance for gas and other public utilities.

The first reported incident occurred in November of 2010. On this occasion, it was reported that two individuals entered the home of an elderly person. While one of the individuals pretended to measure rooms, the other stole money from the resident’s wallet. A second incident took place in late March of 2011 where two men again gained access to a home claiming that they were there to measure the rooms.

Both suspects have been identified as white males and were last seen driving a white truck. One of the men is described as having white or gray hair and was very well dressed. If any individual approaches your home claiming to be a social services worker, you should ask for their department photo ID. If they cannot produce a picture identification card that proves that they work for the Virginia Department of Social Services, you should not allow them to come into your home. Local residents are urged to contact the police if they see or encounter suspicious fraud or scam activities taking place in their neighborhoods.

Woman Charged With Involuntary Manslaughter For Pushing 83-Year-Old

Sun, 10 Apr 2011 08:00:00 EST

Velma Brown was charged with involuntary manslaughter after allegedly pushing an 83-year-old woman down during a senior citizens event in 2009. Brown allegedly thought that the elderly woman was trying to cut in front of her in line when she pushed the woman to the ground.

The fall caused the elderly woman’s hip to break and she died several weeks later from complications that were caused by her injury. Brown was arrested and charged shortly after the woman’s death was ruled a homicide. Brown pleaded not guilty to the charge of involuntary manslaughter in June 2010.

Brown was later found to be incompetent to stand trial and is currently obtaining treatment at Eastern State Hospital. At Brown’s April 4, 2011 hearing, the judge ruled that she will remain in treatment until her next court date which is scheduled for the end of April.

Risk of Elopement, Wandering Rises for Nursing Home Patients in VA

Fri, 08 Apr 2011 08:00:00 EST

We recently read about a new study done by the Alzheimer's Association that shows that the incidence of Alzheimer's disease - a form of dementia and leading cause of nursing home elopement and wandering - has grown by 30% since 2000 in Virginia. Also, the disease will impact even more seniors aged 65 and older in the coming years. According to the study, 100,000 seniors were diagnosed with Alzheimer's in Virginia in 2000. Sadly, there will be 160,000 seniors with the disease by 2025.

Elopement commonly happens when a senior citizen with dementia, or otherwise unable to care for themselves, leaves a nursing home without nursing supervision. Wandering occurs when a cognitively-impaired patient leaves his or her room and wanders around inside the nursing home. Both wandering and elopement can happen if a nursing home's staff is not paying proper attention to at-risk patients. We've handled many cases for folks whose beloved has been hurt by wandering and elopement as a result of nursing home neglect. We can help you now. Call us today at 1-800-690-0235.

Virginia Beach Residents Express Concern Over Discarded Asbestos Tiles

Thu, 07 Apr 2011 08:00:00 EST

Numerous Virginia Beach residents have expressed concern regarding the remodeling of a grocery store in the Bradford Terrace section of the city. According to one local news source, construction crews began removing asbestos floor tiles from the building last week and disposing of them in an uncovered trash container.

Several Virginia Beach residents who were interviewed by the local news wondered if the method of disposal that was being used by the construction crew was safe. In recent years, the dangers of airborne asbestos fibers have been made apparent and are known for contributing to the deadly respiratory condition known as mesothelioma.

Recently, Virginia Beach authorities have intervened in the matter and have reassured the city’s residents that the asbestos will be disposed of appropriately going forward. According to one local news source, Fred Reils, the city’s code enforcement officer was quoted saying that “the dumpster will be covered and removed.” The construction company will dispose of the remaining asbestos tiles by bagging them up and placing them in a sealed waste container to prevent heath related issues from forming in the community.

Federal Agents Bust Norfolk Crime Ring Responsible For Distributing $4.3 Million Worth of Drugs

Thu, 07 Apr 2011 08:00:00 EST

A major Norfolk area drug ring, which consisted of at least seven individuals, was recently disrupted by federal agents. The crime ring is suspected of distributing more than $4.3 million dollars worth of cocaine and marijuana throughout Norfolk and Hampton Roads in Virginia.

Federal agents believe that the drugs were being imported from several states and countries including Georgia, Texas and Mexico. According to the Virginian-Pilot, the drug ring had been in operation for at least the past seven years. Seven individuals have been indicted for their alleged participation of the group. Five of those indicted individuals have been arrested.

Numerous additional suspects are also believed to have been involved in the crime ring. For instance, one man was recently arrested and charged with drug trafficking after authorities caught him with $700,000 in cash. The federal indictment alleges that the drug operation was being run out of a home near the Green Run High School in Virginia Beach.

Norfolk Auto Shop Is Subject of Crime Investigation

Thu, 07 Apr 2011 08:00:00 EST

A local auto repair shop is currently being investigated by Norfolk police officials for its suspected role in the thefts of dozens of vehicles in the surrounding area. Accoring to local news reports, the Tidewater Auto Theft Group started watching Chino’s Auto Repair shop more than seven months ago.

A search warrant was recently issued for the repair shop, which is also known as Tony’s Auto Repair. The business that offered towing and vehicle repair services is suspected of using its tow trucks to steal cars from parking lots in shopping centers and cars parked along city streets.

The stolen vehicles were allegedly taken to a warehouse and striped for parts. The unused metal that was left on the vehicles were allegedly sold for scrap at metal recycling centers. The owner of the business, Anthony Bates, has not yet been located by the police. However, according to reports, one of the business’s tow truck drivers has been arrested in conjunction with the alleged thefts.

Hampton VA Increasing Training After Negative Report By Dept. of Veterans Affairs

Thu, 07 Apr 2011 08:00:00 EST

A recent report issued by the Office of Inspector General at the Department of Veterans Affairs acknowledged that the Hampton VA Medical Center missed numerous opportunities to provide hospice care to a man who was allegedly dying from cancer. The man was not named in local news reports; however, it is known that he was in his 50’s and suffering from lung cancer which had spread to his brain.

The now deceased man had visited the Hampton VA Medical Center on numerous occasions prior to his death but was never admitted for end of life treatment to help manage is pain and symptoms. According to reports, the man had first reported to the Hampton VA Medical Center in August of 2010 for medical care and to have prescription medications refilled. He returned to the hospital several days later complaining of pain, weakness and mental disabilities. He was released and sent home two days later.

According to reports, a case worker from the VA hospital called the man’s home to check up on him a few days after he was released from the hospital. At that time, the man’s wife allegedly inquired about hospice care, but no referrals were made by the caseworker for such care. The man’s spouse specifically requested hospice care several days later but was told that no hospice beds were available. Later that day, the man collapsed and was taken to the emergency room where he stayed in an intensive care unit for several days.

It was only after a private physician requested hospice care at the Hampton VA Medical Center that the man was scheduled for admission. Unfortunately, the man died prior to being admitted for care. No one at the Medical Center was fired or disciplined regarding the incident; however, the Medical Center has instituted an additional training session for doctors, nurses, social workers and other medical assistants who may be required to work with patients facing end of life and palliative care issues.

Can motorcycle helmets save lives in Virginia?

Thu, 07 Apr 2011 08:00:00 EST

Indeed, they can. Scientists at the Johns Hopkins University School of Medicine, located in Baltimore, MD, have demonstrated in a new study that bikers who wear helmets decrease their chances of incurring traumatic brain injuries (TBIs). Wearing a helmet also lowers the risk of suffering neck area spinal injuries.

This new study from the Journal of the American College of Surgeons shows that those who wear helmets suffer "22% fewer cervical spine injuries than those who fail to wear helmets."

The study also confirms that bikers who wear helmets reduce their risk of traumatic brain injury by 65%. Also, wearing a motorcycle helmet can lower one's chances of dying in an accident by about 37%.

This landmark study, led by Adil H. Haider, M.D., M.P.H., an assistant professor of surgery at Johns Hopkins, trolled through motorcycle collision data for more than 40,000 accidents that happened between 2002 and 2006.

"We are debunking a popular myth that wearing a helmet while riding a motorcycle can be detrimental during a motorcycle crash," said Dr. Haider. "Using this new evidence, legislators should revisit the need for mandatory helmet laws. There is no doubt that helmets save lives and reduce head injury. And now we know they are also associated with a decreased risk of cervical spine injury."

Motorcycle use has risen dramatically during the past ten years in the U.S. Since 1997, motorcycle injuries have increased by approximately 5,000 a year, and motorcycle fatalities have nearly doubled, according to the journal article.

If you or someone you love has been involved in a motorcycle accident in Norfolk or the Tidewater area, we're here for you. Contact Michael Weisberg, P.C. today at1-800-690-0235.

Virginia Beach Car Crash During Morning Rush

Tue, 05 Apr 2011 08:00:00 EST

During the Monday morning rush, an SUV collided with a small car near the intersection of Oceana Boulevard and Bells Road in Virginia Beach. According to investigators and local news sources, the car was stopped at a red light when the SUV crashed into it. The force of the crash caused the car to flip over into a nearby ditch. Video footage of the accident can be viewed here.

According to news reports, neither driver was seriously injured in the collision. Investigators believe that the accident was a result of excessive speed on the part of the SUV. Apparently, the SUV drove up too quickly and did not have enough time to stop before crashing into the sedan that was stopped at a red light.

Many car accidents could be prevented by slowing down, following the posted speed limit and removing common distractions like talking or texting on a cell phone while driving. If you have been injured in an accident, you should consult with a local attorney right away for a potential case assessment. The other driver’s insurance company may ask you to sign documents or accept a settlement. You should not participate in either of these activities without consulting with an attorney who has your best interests in mind.

DePuy Hip Implants Could Lead To A Flood of Lawsuits

Tue, 05 Apr 2011 08:00:00 EST

The company, DePuy Orthopaedics, recently issued a voluntary recall of its ASR XL Acetabular Hip System and the ASR Hip Resurfacing System. These systems first became available in 2003 but are now being recalled due to the potential side effects that they may produce such as painful dislocation, loosening and fractures in the bone around the implant. It is estimated that 93,000 people worldwide received DePuy hip implants between 2003 and 2010.

According to news reports, numerous residents in the Newport News, Hampton Roads and Virginia Beach areas have complained of negative side effects related to DePuy hip implants. One Suffolk woman had been complaining that the device, which was implanted in her left hip, had been slipping, popping and grinding, sometimes more than 100 times per day, for several years. The pain became so severe that she considered using a wheel chair regularly instead of walking with the implanted hip.

The company recently sent out recall notices to thousands of individuals who had received the hip implants after 2003. One woman had a bone scan and blood tests performed after receiving the recall letter. The results indicated that she had elevated levels of chromium and cobalt in her blood, which may have come from the metal of the hip cup and socket rubbing together.

One interesting fact regarding the DePuy hip implants is that they were not required to undergo clinical safety trials before being approved by the federal Food and Drug Administration for use in patients. Under the "501(k) provision", the FDA allows medical devices that are “substantially” similar to others that are currently on the market to bypass the clinical trial phase of the approval process which investigates the safety and effectiveness of the product. Many patients are now expressing their frustration with the fact that the company did not make sure that the product was safe before putting it out on the market and responding by filing lawsuits against the company.

$5 Million In Damages Requested In Winchester Medical Malpractice Lawsuit

Tue, 05 Apr 2011 08:00:00 EST

A woman from Winchester, Virginia recently filed a medical malpractice lawsuit against Dr. Richard John Sears and Winchester Gastroenterology Associates seeking $5 million dollars in damages. The lawsuit allegedly stems from a colonoscopy that Dr. Sears performed on the woman in 2009.

According to reports, the woman was allegedly experiencing severe abdominal pain prior to the colonoscopy. The woman claims that she was given a pain reliever to ease her pain; however, the root cause of the abdominal pain was not investigated prior to the colonoscopy procedure. As the doctor begin the procedure, he allegedly could not pass the scope through the patient’s distal sigmoid colon, but he was able to successfully pass a pediatric scope. According to reports, the procedure was aborted because the doctor believed that he perforated the patient’s colon.

Following the procedure, the patient claimed that her abdomen was rigid and distended. She also claimed to have repeated episodes of vomiting fecal-like material. The woman was later admitted to the intensive care unit at the Winchester Medical Center where she underwent emergency surgery.

The woman claims in her lawsuit that the doctor breached his duty of care to her when he performed the first colonoscopy without first investigating the source of the intense abdominal pain that the woman was experiencing. The woman also claims that the doctor failed to appropriately advise her of the risks associated with performing the colonoscopy giver her condition at the time.

Head-On Collision Claims Two Lives In Virginia

Tue, 05 Apr 2011 08:00:00 EST

Virginia State Police responded to a tragic accident scene Monday involving two vehicles on Route 175 in Chincoteague, Virginia. According to news reports, a Volvo driven by a 63-year-old California man allegedly crashed into a Ford Taurus carrying three passengers, all of which were Virginia residents.

The accident was allegedly caused when the Volvo swerved into the eastbound lanes on Route 175. The Ford Taurus was unfortunately traveling in one of the eastbound lanes and was stuck by the Volvo. According to reports, alcohol was not a factor in the accident and investigators are still looking into the cause of the collision.

The driver of the Volvo was flown to the hospital with minor injuries. The driver of the Ford Taurus was flown to the hospital with major injuries and the two remaining passengers were pronounced dead at the scene of the accident. It was reported that none of the passengers of the Ford Taurus were wearing safety belts at the time of the accident.

U.S. Senate Candidate's Son Charged In Virginia Shooting Incident

Fri, 01 Apr 2011 08:00:00 EST

A 14-year-old boy was arrested earlier this week in connection with a tragic shooting that left one woman severely injured. The 14-year-old is believed to be the adopted son of David McCormick, a Virginia lawyer who is currently seeking the GOP nomination for the U.S. Senate seat that is currently being filled by Senator Jim Webb.

According to news reports, the woman who was shot was Mrs. McCormick’s sister and the boy’s aunt. The 48-year-old woman is expected to recover despite being shot in the back of the head. A statement released by David McCormick on April 1st indicated that the 14-year-old boy had been living with his aunt for some time. No motives have been reported to explain the cause of the shooting.

David McCormick and his wife adopted the boy from an orphanage in Russia when he was six years old. Mr. McCormick reported in his public statement that the boy had suffered from “serious issues” in the past, which may have still been affecting the boy. The minor has been charged with malicious wounding and shooting while committing a felony.

Man Known as "Parkway Shooter" Escapes Death Penalty By Accepting Plea

Fri, 01 Apr 2011 08:00:00 EST

Ralph Jackson, the man who was nicknamed the “Parkway Shooter” recently escaped the death penalty by accepting a plea deal from federal prosecutors for life in prison in exchange to pleading guilty to premeditated murder. On April 5, 2010, Jackson drove his car up to the Blue Ridge Parkway and opened fire on a man and a woman who were watching the sunset.

According to news reports, Jackson told investigators that he believed that one of the individuals was his son-in-law. After delivering the first shot-gun blast, Jackson said that he realized that the two individuals were not who he thought they were, but he continued the assault anyway. Timothy Davis, a Charlottesville radio personality died from the injuries that he sustained after being shot by Jackson and falling over the cliff at the Blue Ridge Parkway.

Christina Floyd, the other victim of Jackson’s bizarre shooting rampage, survived the attack. Floyd sustained injuries to her back and fractures to her skull as a result of shot gun pellets and being pushed off the cliff by Jackson. Miraculously, Floyd was able to run out onto the Parkway after her fall where a couple driving a pickup truck stopped to help her. The couple saw Jackson chasing after Floyd with the shotgun. Jackson allegedly shot several rounds at the pickup truck as it was driving away.

Helpless Father Watches Son Die in Virginia Beach Car Accident

Thu, 31 Mar 2011 08:00:00 EST

Clifton Taylor saw his 14-year-old son, Daniel Taylor, die on March 16, 2011. The distraught father could do nothing to save the teenager's life on that dark, rainy morning in Virginia Beach, VA.

According to a local news report on WTKR-TV, the younger Taylor died after being hit by a car when crossing Providence Road on his way to Kempsville High School.

Police say that "poor visibility," dark skies, and rain were contributing factors to Daniel's death.  Virginia Beach schools officials said that they stress traffic safety throughout the year, according to the local news report. However, officials did put out a new reminder for kids to "be cautious" in the morning on the way to school, especially due to the recent time change for spring.

Other teenagers, just like Daniel, were apparently heading to the bus stop in the utter darkness that rainy morning, according to the TV news report.   High school students told a TV news crew that getting to school in the dark can be difficult at this time of the year.  The as-yet unidentified driver who killed the teenage boy is not facing any criminal charges at this time, according to local police. The car crash case is still under investigation by the Virginia Beach Police Department's Fatal Crash Team. Those with additional facts are urged to come forward.

If you have suffered the loss of a loved one as a result of a car accident in Virginia Beach, VA, there is immediate help available. Contact Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers specializing in car accidents will assist you. Call today.

Trial to Begin In Virginia Fake Death Case

Thu, 31 Mar 2011 08:00:00 EST

Larry Deffenbaugh is scheduled to appear in Federal Court this afternoon for charges stemming from his effort to fake his own death. Deffenbaugh, a Maryland resident, was allegedly trying to get out of a probation violation in 2009 when the incident occurred.

Virginia prosecutors are claiming the Deffenbaugh jumped off of a boat in the Chesapeake Bay and communicated a false distress signal before disappearing. According to news reports, Deffenbaugh’s brother contacted the Coast Guard in May of 2009 to report that his brother was missing.

News sources reported that Deffenbaugh claimed that he was never on a boat and therefore did not try to fake his own death. His legal defense is expected to revolve around his contention that his brother, a diabetic, was suffering from a sugar coma at the time that the missing persons report was made to the Coast Guard. The defendant was found living in Texas and using an alias prior to his arrest.

Wrongful Death Lawsuit Involving Virginia Deputy Settled For $150,000

Thu, 31 Mar 2011 08:00:00 EST

A civil complaint was filed against Frederick County Police Deputy Richard Brill after he shot and killed a man that he was trying to apprehend in 2007. The complaint, which was filed by the deceased man’s estate administrator, alleged that the police deputy used excessive force while trying to apprehend the deceased man at his home in Shawneeland, Virginia.

According to news reports, the Virginia deputy claimed that he acted reasonably in shooting the deceased man because he allegedly had a history of mental health issues and was exhibiting bizarre behavior at the time that the deputy was attempting to arrest the man. The deceased man’s estate claimed that the use of deadly force was unreasonable and unnecessary.

The deceased man’s estate originally sought $ 4 million dollars in the wrongful death complaint. The two parties were able to negotiate a comprise settlement for $150,000, an amount that is far below what the plaintiffs had originally sought in the complaint.

Car Plunges into Water from Chesapeake Bay Bridge

Wed, 30 Mar 2011 08:00:00 EST

VIRGINIA BEACH, Va. - Police have positively identified a woman who was killed when her car ran off the Chesapeake Bay Bridge-Tunnel and plunged into the water, according to a report in the online edition of the Richmond-Times Dispatch on March 16, 2011. This marks the first time in five years that a car has fallen from the bridge into the bay.

Local police say that the corpse of 51-year-old Jean Calcagno of Virginia Beach, VA was recovered from the wreckage of her submerged car, a large sports utility vehicle (SUV).

The U.S. Coast Guard, which has jurisdiction over the waters of the bay, indicated that there were initial fears that two persons were in the car when it flew off the bridge-tunnel on that Tuesday morning near the 8-mile post of the bridge. The Chesapeake Bay Bridge Police, however, stated that the middle-aged woman was the only passenger in the car, according to the online edition of the Richmond-Times Dispatch.

Chesapeake Bay Bridge Police and Virginia Beach police are continuing their investigation of the tragic accident.

The local medical examiner's office said the woman drowned after her 2007 Toyota Avalon was seen by witnesses dropping from the Chesapeake Bay Bridge-Tunnel into the water at approximately 8:30 a.m.

Blunt Trauma Injury

A spokeswoman for the medical examiner's office, Donna Price, said blunt force trauma also was a contributing factor in Calcagno's death.

Authorities are still puzzled as to why she drove off the bridge, according to the Richmond paper's digital edition.

The crash occurred on the southbound span between the bridge's two tunnels. As a result of the fatal crash, traffic was shut down on both sides of the span for more than two hours.

If you or a loved one has been injured from a car accident in Virginia, contact our law office right now for a consultation with our specialists. Call 1-800-690-0235 today. We can help.

Virginia Beach Police Probe Death Stemming from Suspicious Car Accident

Wed, 30 Mar 2011 08:00:00 EST

A TV news report indicates that police responded to an accident at 2:08 a.m. on Thursday, March 17, 2011, after a car hit a business sign at 808 Lynnhaven Parkway in Virginia Beach. But what they found when they arrived did not look like the typical, late-night car accident scene.   

According to the WTKR-TV report, local police and paramedics arrived at the scene in the wee hours of the morning of St. Patrick's Day to find a single, young female bleeding from her head. A gun-make and model not disclosed at this time by police-was also found inside the car. The young woman was later pronounced dead at the scene by local paramedics, and local homicide police were then called to the scene of the accident.  

The early local police investigation, according to the TV report, shows that the accident victim was reportedly seen by witnesses walking around her 2009 Nissan Altima after the crash, examining the damage on the passenger's side of the car. No other facts were available about the crash or its immediate aftermath, however.

The victim's dead body was later transported to the office of the Virginia Beach chief medical examiner for an autopsy to determine the exact cause of death.  The victim has been identified as Lauren Broom, 23, of the 2800 block of Bluebill Drive, Virginia Beach.

If you or a family member has suffered as a result of a car accident in Virginia Beach, VA, immediate help is available.

Contact Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers specializing in car accidents will assist you. Call today.

Virginia Governor Vetoes Medical Malpractice Cap Legislation

Wed, 30 Mar 2011 08:00:00 EST

Governor Bob McDonnell recently vetoed a legislative bill that would increase the statutory cap on medical malpractice claims. Currently, the statutory limit on any given medical malpractice claim is $2 million. House Bill 1459 would have increased that limit by $50,000 each year until 2032.

The legislation had been negotiated fervently by representatives of the Medical Society of Virginia, Virginia Hospital and Heathcare Association and the Virginia Trial Lawyers Association along with Virginia legislators. The bill was passed by the Virginia legislature on February 20, 2011 and sent to Governor McDonnell for final approval. Proponents of the bill believed that it would help to stabilize the medical litigation climate in the Commonwealth, thereby lower overall costs and enticing qualified medical practitioners to keep or move their practices to Virginia.

Governor McDonnell released a statement providing his reasons for vetoing the legislation. He stated, “Virginia currently has a climate that has effectively stabilized malpractice premiums and attracted health care service providers to the Commonwealth.” He also felt that increasing the statutory cap at a time when the national heath care law is in pending litigation would not be the best course of action at this time.

Is Minimum Car Insurance Coverage Enough to Protect You In An Accident?

Wed, 30 Mar 2011 08:00:00 EST

We all know that in order to drive a vehicle in the Commonwealth of Virginia, we must have car insurance. Currently, the minimum amount of insurance that a Virginia driver must have is $25,000 for the injury or death caused to one person, $50,000 for the death or injury of two or more persons and $20,000 for property damage. Virginia drivers also have the option of not insuring their vehicle by paying an Uninsured Motor Vehicle (UMV) fee of $500 to the Virginia Department of Motor Vehicles.

Choosing to purchase only the state-required minimum amount of insurance or opting out all together may save you a few dollars in the short-term but it could also mean risking severe financial hardship in the future. Accidents happen. Even the most careful and attentive drivers may find themselves liable for an automobile accident that occurred because of conditions that were beyond the driver’s control.

Drivers need to carefully assess whether they can afford to risk their financial future when purchasing car insurance. If you are found to be at-fault for an accident that produces a $100,000 judgment for an injured plaintiff and you only have $25,000 worth of insurance coverage, you could be on the hook for $75,000. Similarly, drivers who elect not to purchase uninsured motorist coverage or comprehensive insurance may be out of luck if they are struck by a hit-and-run driver, collide with a deer or have their car vandalized or stolen. In many cases, Virginia drivers can better protect themselves and other drivers on the road by paying out a few additional dollars each year for adequate coverage.

Texting, Driving More Dangerous than DUI for Portsmouth, Hampton Drivers

Tue, 29 Mar 2011 08:00:00 EST

A recent study by researchers at Virginia Tech indicates that texting while driving is more dangerous than driving under the influence (DUI) of alcohol, according to a report in the online edition of the Bloomington Pantagraph, a newspaper in downstate Illinois.

Research at the Virginia Tech Transportation Institute shows that those who text while driving are "23 times more likely to get in a car accident than someone who is not."

Though the trend of texting started out with teenagers, the proliferation of Blackberrys and iPhones has made texting part of the normal business day for many adults in the Tidewater area and throughout the commonwealth of Virginia.

The author of the article in the Pantagraph raised questions to be mulled over by those Virginia drivers considering texting while behind the wheel. Is it really that crucial for the person you are texting to receive the message now? Can you wait a mere ten minutes to text? Can you pull over on the side of the road to send an urgent text? Do you have to read the texts that come in while you drive, or can you put off reading them until you have arrived safely at home?

If you or a family member has suffered as a result of a car accident due to another driver's careless texting while driving in Hampton or Portsmouth, VA, immediate help is available. Contact Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers specializing in car accidents will assist you. Call today.

New Military Burn Treatments May One Day Help VA Car Crash Victims

Tue, 29 Mar 2011 08:00:00 EST

New research being conducted by the military on soldiers suffering from burn wounds may help Virginia car crash victims one day.

The research, still at the early clinical trials phase, focuses on debilitating burns. It is being conducted at the Armed Forces Institute of Regenerative Medicine (AFIRM), according to a news release issued by the U.S. Air Force.   Painful and debilitating burns can become fatal if a bacterial infection invades the wound. The Pentagon launched AFIRM in 2008, hoping to speed the healing of America's wounded warriors in Iraq, Afghanistan, and perhaps now in Libya. Regenerative medicine is designed to enable patients to regrow bones, skin, and tissues.   Military scientists are developing laboratory-grown tissues and biosynthetically-developed drugs to treat burn injuries.

A total of ten clinical trials are now under way, three of which focus on burn repair, according to a news release from the U.S. Air Force.   AFIRM director Terry Irgens said the idea is to explore new medical technologies that are too expensive for the private sector to develop today.  Two research consortia, made up of professionals from 31 universities, are partnering with the U.S. Army Institute for Surgical Research at Fort Sam Houston, Texas to help.   "Once you get some good, promising data, that's when the commercial companies will come forward," Irgens said. 

Healthy Cell Spray

One of the more creative of clinical trials, which is entering the second phase, involves spraying a patient's healthy cells onto the burned area.  A total of seven patients already are enrolled in the trial, with a quota of 106 to participate based on the Food and Drug Administration (FDA) rules.

Dr. Smita Bhonsale, AFIRM's deputy director for science and technology, explained that the spray treatment works very simply, but is effective.  "The patient is rolled into the operating room, where doctors harvest a postage-stamp-size piece of skin from an unburned part of the body," Dr. Bhonsale said. "The biopsy is broken apart into single cells, which are then suspended in a gel-like solution so they can multiply and create new skin tissue. Within a matter of hours, the cells are sprayed onto the patient's burns, covering an area up to 80 times the size of the original biopsy."

For more information about these exciting developments in treatments of burn injuries, go to http://www.af.mil/news/story.asp?id=123247635.

If you or a family member has endured painful burns in a car accident in Virginia, you can get help immediately. Contact Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers will assist you. Call today.

Suffolk Police Report 52 Burglaries In The Last Two Months

Tue, 29 Mar 2011 08:00:00 EST

The Suffolk Police Department is currently investigating a rash of 52 home burglaries that have occurred in the past two months in the area. The police have not been able to identify or apprehend any suspects in connection with the local burglaries. According to officials and news sources, a majority of the burglaries have taken place during the day in broad daylight.

According to reports, the thieves appear to be targeting homes with flat screen televisions and electronic equipment. Some victims have also reported having jewelry and other personal valuables stolen from their homes. Since most of the burglaries have occurred while residents are at work or gone for the day, they have not been able to secure many leads or evidence related to these crimes.

Local residents should be on the look out for strange or suspicious activity such as unusual behavior, door-to-door salesmen, and unknown vehicles canvassing their neighborhoods. Local residents who witness suspicious activities taking place should alert the authorities immediately. Other individuals who may have knowledge or information related to the rash of burglaries that have taken place in Suffolk, Virginia over the past two months should contact the Suffolk Police Department.

Two Killed In Virginia Beach Shooting

Tue, 29 Mar 2011 08:00:00 EST

Two individuals, a man and a woman, were fatally shot in Virginia Beach over the weekend. The shooting occurred in the shopping center at 800 Baker Road. According to local news reports, the Virginia Beach Police were called to the shopping center at around 2 p.m. on Sunday. When they arrived they found the two individuals shot inside their car.

Chiquita Long, who was one of the victims of the shooting, was declared dead at the scene of the shooting. The other victim, Rahkim Goodwin was alive when the police arrived and was taken to the hospital. Mr. Goodwin, a Norfolk resident, died later that day as a result of the gunshot wounds that he sustained in the shooting.

According to news sources, the Virginia Beach Police are not currently looking for a suspect in this case. It was reported that the police will be providing additional details once the autopsies of the two deceased individuals are completed. This is the second shooting to take place in the Lake Edwards area of Virginia Beach in the past month.

Bizarre Car Accidents Reported in Norfolk

Mon, 28 Mar 2011 08:00:00 EST

Two very bizarre car accidents have been reported in Norfolk, VA recently. Norfolk police dispatchers said a car hit a telephone pole and flipped several times in the 5700 block of Granby Street near Arden Circle on the morning of March 16, 2011.

A police spokesman said that the driver apparently lost control of his car and rammed into a utility pole, causing the car to flip and pinning the driver inside, according to a local news report.

The driver was transported to a local hospital with what police said were non-life threatening injuries, the local news report said.

Northbound lanes in that area were blocked for some time, as rescue crews and fire department personnel worked at the scene.

No other cars were involved in the accident, the local news report said.

Car Breaks Window at Laundromat

The very next evening, elsewhere in Norfolk, a car went through the front window of a public laundromat.

Local police said the accident happened at the Soap and Suds, located on Poplar Drive, according to a TV news report.

Police were very worried that the brick veneer above the window of the building was damaged by the car crash, possibly posing a hazard for pedestrians.

A building inspector was dispatched to the scene to check on the damage.

No one was hurt, according to the local TV news report.

If you or a family member has suffered as a result of a car accident in Norfolk, VA, there is immediate help available. Contact Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers specializing in car accidents will assist you. Call today.

How Bedsores Can Be Treated at Nursing Homes

Mon, 28 Mar 2011 08:00:00 EST

New medical research being cited by the Mayo Clinic provides some insight into how bedsores can be prevented or treated at nursing homes in Virginia.

In a recently researched article entitled "Bedsores: Treatments and Drugs" that can be found at http://www.mayoclinic.com/health/bedsores/DS00570/DSECTION=treatments-and-drugs (accessed on March 23, 2011), doctors and staff report that bedsores are patches of damaged skin, also known as "pressure sores" or sometimes "pressure ulcers."

These bedsores develop as a result of sustained pressure cutting off circulation to a patient's skin. Human tissue dies without adequate blood supply, and can become seriously infected.

Nursing home patients are the most vulnerable of patient populations, as they are often confined to beds or wheelchairs. Bedsores can develop and progress quickly, and often are difficult to heal.

Doctors say that bedsores can be prevented by frequently moving patients and keeping skin dry and clean.

Bedsores may be a sign that a patient is not receiving the necessary attention from nursing home staff, i.e. existing wounds are not being redressed properly or new sores are developing as a result of lack of bodily movement.

Doctors, including orthopedists and neurologists, and specialty staff, including physical therapists, may have to be called in to consult on nursing home bedsore cases, according to the Mayo Clinic brief.

Bedsores can be treated with topical and oral antibiotics. Non-steroidal, anti-inflammatory drugs also can be helpful for patients suffering with these wounds, as well as a change of diet. Often, patients don't drink enough water, i.e. they are not fully hydrated, and, therefore, have exceedingly dry skin, according to the Mayo Clinic.

"Pressure sores that fail to heal may require surgical intervention," the Mayo Clinic brief added. "The goals of surgery include improving the hygiene and appearance of the sore, preventing or treating infection, reducing fluid loss through the wound, and lowering the risk of cancer."

Often, elderly individuals who are living in nursing homes are reluctant to speak up about bedsores for fear of embarrassment or, worse yet, reprisal by unethical nursing home staff. But we can be the voice of your elderly loved one. Call Michael S. Weisberg, PC today at 1-800-690-0235, and one of our lawyers will assist you. Contact us today.

Portsmouth Woman Seeking $1.875 Million From Virginia Doctor With Prior Violations

Mon, 28 Mar 2011 08:00:00 EST

A woman in Portsmouth, Virginia recently filed a lawsuit against Dr. David Ostman for medical malpractice. Dr. Ostman was working as a physician at the Hampton VA Medical Center when he performed a medical procedure on a woman, which allegedly left her with injuries to her large intestine and bladder. Dr. Ostman allegedly used a “blunt dissection” to pull the patient’s organs apart with his hands rather than using appropriate surgical tools to perform the hysterectomy.

The lawsuit also alleged that the doctor had failed to accurately identify the woman’s anatomy or consult with a more experienced surgeon for additional assistance. The woman reportedly required additional surgeries to repair the damage caused by Dr. Ostman. The woman is now required to live with a surgical opening in her abdomen which allows for bodily waste to be collected in a pouch. The woman is seeking $1.875 million in damages.

According to one local news report, Doctor Ostman was reprimanded by the Virginia Board of Medicine on a previous occasion in 2004 after the Board determinhttps://dss.fosterwebmarketing.com/blog/add.cfmed that he posed a danger to the health and welfare of his patients. The Board found that he had written numerous prescriptions for medications outside of a bona fide doctor-patient relationship for medications that were not FDA approved. Following his reprimand, Dr. Ostman closed his private practice and joined the medical staff at the VA Hampton Center. Dr. Ostman currently remains on the medical staff at the Hampton center.

Woman Killed In Deadly Portsmouth Forklift Accident

Mon, 28 Mar 2011 08:00:00 EST

Paula Bellamy, an employee of Ceres Terminals Incorporated, was killed in an unfortunate fort lift accident at APM Terminals Virginia in Portsmouth this morning. The 38-year-old woman was working as a guide to a crane operator when she was struck by a forklift that was operating nearby. Ms. Bellamy died shortly thereafter as a result of her injuries.

One local news source reported that the operator of the forklift was unable to see Ms. Bellamy because his view was obstructed by a stack of containers. Currently, no one has been arrested in conjunction with Ms. Bellamy’s death. While the incident is believed to be an accident, an investigation is still ongoing.

Accidents involving heavy machinery and equipment are often devastating and have the ability to cause serious injury and even death. Due to the dangers involved with operating heavy machinery, employers and equipment operators are required to take proper precautions and use a great deal of care to ensure the safety of their employees and the general public. Employers and operators who fail to follow proper safety precautions may face legal liability for any injuries resulting from their negligent actions.

Military Exercise Causes Traffic Headaches

Fri, 25 Mar 2011 08:00:00 EST

The annual Solid-Curtain Citadel Shield is the nation's biggest anti-terrorism drill, and occurs across all 50 states. The drill helps service people practice in case of multiple terrorist attacks across the country. But in a big military area like Hampton Roads, it has an even bigger effect on people's daily commute.

Because the drill is so important, military bases beefed up security entering through the gate. Bomb-sniffing dogs, vehicle searches, and ID checks were all utilized. The heightened security measures took longer for people to get through the gates, backing up traffic for miles all over the area. Additionally, some gate entrances were closed altogether.

Problems began just after 5 a.m., leaving many drivers at a standstill for hours. The traffic continued until 10 a.m. Most people estimate that their drive time was doubled, if not tripled. Some report they sat in traffic for as much as three hours.

While some people sat in traffic just outside the gate, others collided. A major accident at Bay Avenue and I-64 clogged additional roads, making a bad situation worse. The Virginia Department of Transportation had to stop traffic in the Hampton Roads Bridge tunnel seven times because they did not want drivers sitting idly inside the tunnel.

This exercise only takes place once a year, but when it does, it nearly always causes delays. Several school buses arrived late to campus, and many Hampton Roads Transit buses were delayed as well. Still, military representatives maintain that they spread the word to radio stations and newspapers, alerting the public to the potential delay.

Son of Late Virginia Supreme Court Justice Sentenced to 6 Years For Robbery

Fri, 25 Mar 2011 08:00:00 EST

Leroy Hassell, Jr., the son of the late Virginia Supreme Court Justice, Leroy Hassell, Sr., was sentenced to serve six-years in prison earlier this month for the role that he played in a home-invasion robbery that took place last June. Hassell was originally sentenced to serve 15-years in prison for the robbery and 12-months for unlawful wounding and brandishing a firearm. The Henrico County Circuit Court that handed down the sentence suspended 11-years of the prison term.

According to one local news source, Hassell faced a possible life sentence in the robbery case after pleading guilty to the offense. Hassell and a co-defendant had allegedly forced their way into the home of a Richmond resident to search for marijuana. The resident, who was home at the time of the invasion, was reportedly beaten and held captive while the two men searched the home.

News reports indicated that Hassell has had numerous run-ins with the law in the past including convictions for embezzlement and forgery. Hassell was able to attend his father’s funeral earlier this year under the close supervision of law-enforcement officers. Hassell reportedly felt remorse for his actions and wished to apologize to his family.

Chesapeake Couple Sues Local Television Stations For Defamation

Fri, 25 Mar 2011 08:00:00 EST

A couple from Chesapeake, Virginia has filed a defamation claim against two local television news stations. Defamation is essentially a false statement of fact that harms the plaintiff’s reputation in the community. Certain statements may constitute defamation per se, which would result in an automatic finding of liability if the plaintiff could prove that the defendant made the statement and that the statement was false. Accusing an innocent person of committing a criminal act may be considered defamation per se in Virginia.

The couple filed a lawsuit against WAVY-10 and its news affiliate Fox 43 seeking $5 million in damages for a story that aired approximately one year ago. The story reportedly claimed that the couple left $25,000 in unpaid debts when they sold the inventory for their event planning business. The couple claims that this report is false and that the news stations exaggerated the facts to create a sensational news story.

One local news source that is not the subject of lthis itigation reported that the couple felt that the defendant’s story gave “false implications that the couple had unlawfully converted or embezzled monetary deposits to customers and then fraudulently sold their business.” Neither station has responded to the suit, which was filed in the U.S. District Court last week.

New Virginia Legislation Outlaws Synthetic Marijuana

Thu, 24 Mar 2011 08:00:00 EST

HB 1473 was passed into law on March 24, 2011 after Governor Bob McDonnell gave his final approval by signing the bill. The new law makes it a crime to possess or sell synthetic marijuana, otherwise known as “Spice” or “K2”, in the Commonwealth of Virginia. Reports have noted that the drug consists of chemically treated plant matter that produces an intoxicating high that is similar to traditional marijuana when smoked.

Local news reports indicated that synthetic marijuana was first sold in Virginia gas stations and convenience stores in 2006. The drugs became increasingly popular among teens and young adults, as there were no age restrictions for buyers. In addition to banning synthetic marijuana, the law also prohibits bath salts that mimic the effects of cocaine when ingested. Reports have indicated that both synthetic marijuana and bath salts have been suspected in overdose deaths and illnesses nationwide.

Under the new law, possession of the banned substance is a misdemeanor offense in Virginia, while selling the substance is a felony. Individuals who get caught manufacturing synthetic marijuana and bath salts could face up to 30 years in prison if they are found guilty. Currently, more than fifteen states have passed legislation banning the use and sale of synthetic marijuana.

Virginia Legislation Could Stabilize the Statutory Cap On Medical Malpractice Awards

Thu, 24 Mar 2011 08:00:00 EST

The Virginia Legislature passed House Bill 1459 in February, which provides for gradual increases in the statutory cap on medical malpractice awards. The bill, which was introduced by Virginia Delegate Chris Peace, was heavily negotiated between the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, and the Virginia Trial Lawyers Association.

House Bill 1459 essentially provides for an increase in the statutory cap, which is the maximum amount that a plaintiff may be awarded in a medical malpractice case, of $50,000 each year beginning in 2012 and ending in 2032. The current statutory cap on medical malpractice claims in Virginia is $2 million.

Proponents of the legislation claim that the bill will help to stabilize the legal liability climate in Virginia, which would provide an incentive for doctors and other medical professionals to relocate or stay in Virginia. Proponents also believe that offering predictable statutory cap increases, as opposed to unknown increases, will help to lower the costs associated with medical malpractice insurance premiums, a topic that is of major concern to health care professionals throughout the country. As of March 17, 2011, Governor Bob McDonnell has yet to sign the approved bill into law. The Governor has until March 29th to sign, veto or amend the bill.

Paralyzed Bride Receives Unorthodox Wedding Present

Thu, 24 Mar 2011 08:00:00 EST

Rachelle Friedman's life was changed forever last May at her bachelorette party in Virginia Beach. Her best friend and bridesmaid playfully pushed Friedman into the pool, causing the bride-to-be to hit her head and become paralyzed. She suffered a C6 spinal cord injury and will likely never walk again.

Since then, Friedman and her fiancée Chris Chapman have slept in their makeshift bedroom in their living room, since their bedroom is on the second floor of their home. Chapman would carry her on his back to the shower, also on the second floor.

After such a tragedy, the couple now has something to be thankful for. CBS' "The Today Show" has been working around the clock to renovate their home and make it completely handicapped-accessible.

Thanks to the renovation, Friedman can take her own personal elevator to her bedroom. She also has a whole room devoted to her clothes, a handicapped-accessible shower, and a lift that allows her to get into bed by herself.

Though her life has certainly changed drastically since the accident last May, Friedman now serves as the only female player on the Raleigh Sidewinders wheelchair rugby team, which keeps her active. Though the wedding was initially postponed due to expensive medical bills, she and Chapman plan to marry this summer.

"Today Show" executives say they chose Friedman for this project after having her on the show in November. They say they were inspired by her positive attitude in spite of all the hardship she's faced.

Virginia Beach Business Owner Arrested By DEA On Drug Charges

Wed, 23 Mar 2011 08:00:00 EST

Loren Linker, a local Virginia Beach business owner, made an initial appearance before United States Magistrate Judge Douglas E. Miller on March 18, 2011 for federal methamphetamine changes. Linker is the President and CEO of Handyman Plus, Inc. located in Virginia Beach.

According to local news reports, Drug Enforcement Administration (DEA) agents obtained a search warrant to inspect the premises of Handyman Plus, Inc. last week after a grand jury indicted Linker for conspiracy to distribute and possess methamphetamine. The indictment contained 17 allegations of criminal activity in total.

Linker is suspected of using his business vehicles, location and the U.S. Postal Service to obtain and distribute methamphetamine. Local reports suggested that the drugs were sent through the mail to Linker’s business location from a supplier in California. A search warrant was also issued for a second un-named alleged co-conspirator.

Mickey Rooney Reported Feeling 'Trapped and Scared' As a Result of Elder Abuse

Wed, 23 Mar 2011 08:00:00 EST

Actor Mickey Rooney testified before Congress earlier this month regarding his personal experiences as a victim of elder abuse. The 90-year-old film star told the Senate’s Special Committee on Aging that he was abused and taken advantage of by a family member. He explained that the abuse made him feel “trapped, scared, frustrated, helpless and ashamed.”

Rooney offered to testify in support of a piece of legislation that Congress is considering that would help to curb the abuse of senior citizens by family members and other caretakers. It was reported by the American Psychological Association that an estimated 2.1 million senior citizens are currently victims of elder and nursing home abuse.

The National Center on Elder Abuse has reported that elder abuse is not predominant in any specific socioeconomic or racial group, but that seniors and other individuals who suffer from dementia are particularly vulnerable to abuse. If you suspect that a family member or friend is a victim of elder or nursing home abuse you should contact the Virginia Adult Protective Services hotline at: 1-888-832-3858. A qualified nursing home abuse attorney may also be able to help.

Norfolk Police Officer and Wife Found Dead In Chesapeake Home

Tue, 22 Mar 2011 08:00:00 EST

On March 21, 2011, police officials arrived at the home of William and Patricia Mackenzie after a co-worker noticed that one of the residents had failed to show up for work on Monday morning. When the Chesapeake police officials entered the home, they found both Mr. and Mrs. Mackenzie deceased.

Police officials have not publicly commented on the cause of death that took the lives of the two Chesapeake, Virginia residents. One of the Mackenzie’s neighbors told a local news source that he had heard “something startling at around 2 a.m.” on Monday morning that sounded like thud or banging on the wall. The police are allegedly calling this case a “death investigation”. There has been no word as to whether foul play was involved in the case or not. Currently, no suspects have been arrested in conjunction with this case.

The Mackenzie’s neighbors spoke fondly about the couple when interviewed by local news sources. William Mackenzie was an officer with the Norfolk Police Department and had served the citizens of Virginia in that capacity for the past 25 years. Patricia Mackenzie reportedly worked as a veterinary technician in Chesapeake. The Mackenzie’s neighbors were shocked and saddened to learn of the deaths and are seeking answers.

$25 Million Verdict Granted In Newport News Asbestos Case

Tue, 22 Mar 2011 08:00:00 EST

A Newport News jury recently handed down one of the largest verdicts in a personal injury case in Virginia’s legal history. On March 17, 2011, Rubert Minton of Isle of Wright county, won a $25 million dollar verdict in his personal injury case against Exxon.

Minton worked as a repair supervisor on commercial vessels at Newport News Shipbuilding from 1966 through 1977. During his term of employment, Minton worked on and repaired more than 17 oil tankers that were owned by Exxon. Minton was later diagnosed with mesothelioma. His doctors reported that his condition was brought about by inhaling asbestos fibers in the shipyard.

News sources that reported on the trial stated that Minton has a life expectancy of approximately two years and will face a painful death as a result of his condition. At the end of the three-week trial, Minton was awarded $12 million in compensatory damages, $430,961 for medical expenses and $12.5 million in punitive damages, an amount that is more than twice as much as Minton requested in his lawsuit complaint.

Virginia Man Files Lawsuit For $950,000 In Car Accident Case

Mon, 21 Mar 2011 08:00:00 EST

William McAndrew, a Virginia man who claims that he was “permanently disfigured” in a 2009 motor vehicle collision, has filed a lawsuit seeking $950,000 in damages. According to local news sources and the lawsuit complaint, McAndrew was driving on Greenwood Road in Winchester, Virginia when Jennifer Perry’s car crossed the centerline and collided head-on with McAndrew’s vehicle. Perry was killed in the crash.

McAndrew is claiming that he was permanently disfigured as a result of the crash and is seeking payment for “past and future medical bills, pain and suffering, mental anguish, inconvenience, out-of-pocket expenses and loss of income.” Details regarding the extent of McAndrew’s injuries have not been released.

If McAndrew is successful in his personal injury claim against Perry, the funds to pay for McAndrew’s damages will likely come from Perry’s car insurance company and her estate. Currently, Sheriff Lenny Millholland of Winchester, Virginia has been appointed by the court to act that the administrator of Perry’s estate.

Virginia District Court Dismisses Slip-and-Fall Case Against Wal-Mart

Mon, 21 Mar 2011 08:00:00 EST

The U.S. District Court for the Eastern District of Virginia recently granted a summary judgment motion in favor of the popular retail store, Wal-Mart, which effectively dismissed a personal injury case that was brought against them by a Virginia resident by the name of Tyrone Lee. According to court records, Lee was shopping in a Wal-Mart store on May 15, 2007 when he suddenly slipped on a liquid substance on the floor. Lee’s fall caused him to sustain multiple physical injuries and he reportedly lost consciousness for several minutes following the fall.

Lee filed a lawsuit following the incident claiming that Wal-Mart was negligent in allowing a wet spot to exist on the floor without proper signage to warn customers of the potentially dangerous condition. Wal-mart responded to the lawsuit by contending that Lee failed to provide any evidence that the store had created a dangerous condition or had either real or constructive notice that water had been spilled on the floor. The court agreed with Wal-Mart.

In most civil cases, the plaintiff must prove the allegations that are stated within the complaint that is filed with the court. If the plaintiff cannot provide enough evidence to make out a basic case, the defendant may file a motion for summary judgment. This motion requires the court to determine if there is enough evidence to proceed to trial. In this case, Lee needed to provide evidence to show that Wal-Mart was negligent. The fact that water was present on the floor is generally not enough evidence to prove negligence unless other factors are present. If Lee could have provided evidence that Wal-Mart was aware or should have been aware of the dangerous condition caused by the water, Lee may have had more success with his case.

VA House Bill 2229 Changes Reporting Requirements For Physicians In Medical Malpractice Cases

Fri, 18 Mar 2011 08:00:00 EST

HB 2229 was signed into law by the Virginia legislature on February 20, 2011. The new law changes some of the old rules that Virginia physicians were required to follow in the event that they were sued by one of their patients in a medical malpractice action. One Virginia legal news source has reported its opinion that the change in the law may aid in settling future medical malpractice claims between doctors and patients.

Prior to HB 2229, Virginia physicians and doctors were required to report to the Virginia Board of Medicine if they had three medical malpractice judgments or claims worth $10,000 or more within a ten-year period. Physicians who received the requisite number of claims within the ten-year period were required to undergo an assessment by the Board of Medicine to determine whether the physician was fit to continue on in the practice of medicine. As you could imagine, physicians facing a malpractice claim under these rules would be very hesitant to settle a claim if he or she knew that the settlement would count against one of his three judgments.

Under the new law, a settlement, judgment or claim would not count against the doctors “three judgments” unless the claim was settlement or adjudicated for more than $75,000. This law may help to alleviate some of pressure felt by physicians to pass up a settlement offer in favor of a judicial decision at trial. Essentially, the law may make settlement offers more appealing to physicians, which may benefit plaintiffs in some medical malpractice cases.

Woman Charged With Reckless Driving In Suffolk School Bus Collision

Fri, 18 Mar 2011 08:00:00 EST

Josette Winfield was charged with reckless driving for her role in a school bus collision that took place on March 17th in Suffolk, Virginia. According to news reports, the van that Winfield was driving collided head-on with a school bus at the intersection of East Washington and Carver Avenue in Suffolk. Police officials reported that Winfield had fallen asleep at the wheel while driving.

The school bus was transporting a dozen or more students, grades 2 through 5, to Driver Elementary School. The local news reported that six students were taken to the hospital from the accident scene to be treated for minor injuries. Five other children were taken to the emergency room later in the day after being picked up by their parents. The driver of the bus also reportedly sustained minor injuries but no one on the bus was seriously injured.

Josette Winfield was flown to Sentara General Hospital in Norfolk following the accident. Officials believe that her condition is serious, but not life threatening. Winfield’s two children, a five year old and a seven-month-old were also transported to the hospital for treatment.

14-Year Old Boy From Virginia Beach Died After Being Hit By Car

Thu, 17 Mar 2011 08:00:00 EST

Daniel Taylor, a 14-year old student of Kempsville High School in Virginia Beach, lost his life on March 16th after he was struck by a car at the intersection of Providence Road and Jamestown Drive. The young student was waiting for the school bus at the time of the accident.

News sources reported that it was dark and raining at the time of the accident that took Daniel Taylor’s life. Police officials also reported that Taylor was not crossing the road in a controlled intersection or crosswalk. Taylor was transported to Norfolk Sentara General Hospital Wednesday morning following the accident. He was pronounced dead only a few hours later.

The Virginia Beach police department is currently investigating the accident, but no criminal charges have been filed against the driver of the vehicle that took Daniel Taylor’s life. The family of the deceased boy will likely have a civil claim against the driver, but there has been no word on whether the family intends to file a lawsuit or not.

24 Suspects Arrested And Charged In Newport News Prostitution Sting

Thu, 17 Mar 2011 08:00:00 EST

Newport News police arrested and charged 24 men and women last weekend in connection with a prostitution sting operation. One of the individuals arrested was a 17-year-old minor female. Most of the suspects were from Hampton Roads and the surrounding areas in Virginia. Three of the suspects were reportedly from outside of the Commonwealth from states such as Arizona, Tennessee and New York.

According to Newport News police, detectives were able to contact the suspects through a website called “Backpage” to arrange meet-ups in a nearby apartment building. Once the suspects arrived, an under-cover officer would discuss the exchange of illegal services for money. The suspects were arrested once they agreed to participate in the illegal transaction.

A similar sting operation took place last month, which resulted in the arrests of ten individuals involved in illegal prostitution activities. Under-cover officers from Hampton Roads contacted numerous individuals who had placed advertisements on the popular website “Craigslist” for adult services. Once the detective and the suspects agreed upon the terms of an illicit exchange for cash, the suspects were taken into custody.

Infamous "East Coast Rapist" Suspect Sued In Personal Injury Case

Wed, 16 Mar 2011 08:00:00 EST

Aaron Thomas, a man recently arrested for multiple rapes across the East Coast from Virginia to Connecticut, was recently named as the defendant in a personal injury case involving an auto collision. A Rhode Island couple was traveling on Interstate 95 when Thomas allegedly rear-ended the couple’s vehicle with the tractor-trailer that he was driving at the time.

The incident, which occurred on June 25, 2007, caused Corrine Ahrens to sustain severe physical injuries. The personal injury lawsuit which was filed in the U.S. District Court of Rhode Island is set to proceed even through it is not known whether Thomas will be able to appear in court due to the numerous criminal charges that are currently pending against him.

According to one news source, the police have been able to link Thomas’ DNA to at least 17 attacks across the East Coast, including Virginia. He was taken into custody on March 5th on charges of sexual assault, burglary, and risk of injury to a minor. Thomas is currently facing five life sentences for his alleged actions.

Virginia Family Sues For Personal Injury From Pesticide Use

Wed, 16 Mar 2011 08:00:00 EST

The Virginia Supreme Court recently heard an appeal in the case of Kaltman v. All American Pest Control, Inc., a case that has been in the Virginia court system since the lawsuit was initially filed 2008. The court ultimately decided that the Kaltmans, the plaintiffs in the case, had a valid negligence cause of action and personal injury claim for APC’s inappropriate use of pesticides in their home.

The Kaltman’s had been using American Pest Control, Inc. (APC) to treat and prevent pest infestations in their home since 1996. In October of 2006, an employee of APC visited the Kaltman’s home to administer a regularly scheduled treatment. Prior to administering the treatment, the APC employee had used a strong pesticide that was not fit for residential use at a different location. The employee failed to properly clean his equipment before administering the treatment in the Kaltman’s home. This caused remnants of the commercial grade chemical to be sprayed onto the baseboards and untreated concrete floor in the Virginia residents’ home.

After the treatment was administered, the Kaltmans noticed a strong, pungent odor that permeated throughout their home. The Kaltmans contacted APC to inform them of the odor. APC told the Kaltmans that the wrong treatment had been used, but that the chemical used in their home was not toxic. The Kaltmans later sustained injuries from making contact with the chemical when they attempted to scrub their baseboards and floor in an effort to reduce the odor. Ultimately, the Kaltmans were forced to leave their home for one year as it was made inhabitable due to the fumes from the commercial grade pesticides.

The Kaltmans filed a personal injury lawsuit in the Virginia Circuit Court in 2008 alleging that APC was negligent in administering a chemical pesticide in their home which was not fit for residential use. The Circuit Court dismissed their claim, stating that the matter was a contractual dispute rather than a personal injury case. The Virginia Court of Appeals also rejected the Kaltman’s claims. It was only after the Kaltmans appealed to the highest court in the Commonwealth that the court took notice of the fact that the Kaltmans had a cause of action and overturned the decisions of the lower courts.

Virginia Beach Family Settles Medical Malpractice Claim For $2.3 Million

Tue, 15 Mar 2011 08:00:00 EST

The U.S. Justice Department recently entered into a medical malpractice settlement with a Virginia Beach family following claims of inadequate care at the Portsmouth Naval Medical Center. Scott and Michelle Holweger filed a medical malpractice lawsuit against the United States government last year seeking $15 million in damages after their child was born with developmental disabilities and neurological injuries.

In 2006, Michele Holweger was admitted into the Portsmouth Naval Medical Center when she was 35 weeks pregnant after suffering from severe abdominal cramping. Several hours after she was admitted, Mrs. Holweger had an emergency cesarean section to deliver her child. Unfortunately, during the surgery, the child suffered from oxygen deprivation, which may have caused the developmental disabilities and neurological injuries that the child was later diagnosed with.

The $2.3 million dollar settlement was reached between the parties and approved by U.S. District Judge Robert G. Doumar in January. According to local sources, approximately $54,000 of the settlement will be used to pay for the child’s medical expenses. The remaining $1.57 million dollars will be placed into a trust account for the purpose of caring for the child’s future needs.

A Key In The Ignition Is Enough For A DUI Conviction In Virginia

Tue, 15 Mar 2011 08:00:00 EST

The Supreme Court of Virginia recently affirmed an appeal of a lower court’s decision involving a DUI conviction that was issued even though the motor of the defendant’s vehicle was not turned on. As a result of the court’s decision, David Nelson, the defendant in the case, will be required to serve one year in prison and pay a $1,000 fine.

On September 2, 2007, Nelson was found sleeping in his truck by a Fairfax County police officer. The officer noticed that Nelson’s key was placed in the ignition and turned to the “accessory” position, which allowed battery power to flow to the radio and other electrical devices located within the vehicle. The motor of the vehicle was not running.

The Fairfax County officer removed the key from Nelson’s ignition and proceeded to coax the defendant awake. The officer reported that Nelson’s appearance was disheveled and that he smelled like alcohol. Nelson was asked to perform numerous field sobriety tests and he failed most of them. After a blood test, Nelson’s BAC was determined to be .4 which is approximately five times the legal limit.

The Virginia Circuit Court, the Virginia Court of Appeals and the Supreme Court of Virginia found Nelson guilty of a DUI offense. The courts’ decisions were made on the basis of Section 18.2 of the Virginia Code referring to operating a motor vehicle while intoxicated. In the court’s opinion, Nelson’s action of turning the key to the accessory position was “an action taken in sequence up to the point of activation, making Nelson an operator of the vehicle within the meaning of the Virginia Code.”

Virginia Nursing Home Worker Charged With Sexual Assault

Mon, 14 Mar 2011 08:00:00 EST

Craig Hiawatha Jones, Sr. recently appeared in a Lynchburg, Virginia General District Court after being charged with sexually assaulting a patient at the Lynchburg Heath and Rehab facility. The alleged incident took place on August 28, 2010 when a patient at the nursing home and rehabilitation facility claimed that she awoke and found Jones touching her inappropriately.

According to a local Virginia news source, the Virginia Board of Nursing had conducted an informal investigation on February 17, 2011 regarding the nursing home patient’s abuse allegations. After hearing preliminary evidence on the matter, the Board decided to hold a formal hearing to determine whether abuse and neglect was present.

If the Board concludes that neglect or abuse occurred at the Lynchburg Health and Rehab Facility, Mr. Jones could be prohibited from holding another position in a long-term care facility in the future. Additionally, if convicted on the charges of aggravated sexual battery, he could face a criminal punishment of up to 20 years in prison and a fine up to $100,000. Mr. Jones was approved for a bond February 28, 2011. Subsequent hearings on the matter have not been scheduled but are predicted to take place sometime in May.

Governor Launches Campaign to Fix Hazardous Potholes On Virginia Roadways

Mon, 14 Mar 2011 08:00:00 EST

Late last week Governor Bob McDonnell promulgated an order requiring the Virginia Department of Transportation to begin a pothole filling campaign to fix the Commonwealth’s state-owned roadways and highways. During last year’s pothole campaign, VDOT reportedly filled in more than 160,000 holes throughout the Commonwealth.

Both the Governor and the Virginia Department of Transportation have recognized that potholes are serious roadway hazards. Repeated contact with potholes can cause a number of vehicle malfunctions, including tire blowouts. Additionally, many drivers will go to great lengths to avoid hitting potholes, such as swerving out of their lane to miss them. These erratic and unexpected actions have the potential to cause serious accidents on the road.

All-in-all the Virginia Department of Transportation is responsible for maintaining over 58,000 miles of roadways throughout the Commonwealth. Virginia officials have asked that citizens assist in this roadway safety campaign by reporting unfilled holes to the Virginia Department of Transportation by calling 1-800-367-7623 or by visiting the Department’s website at www.VirginiaDOT.org.

Settlement Reached In Portsmouth Nursing Home Abuse Case

Fri, 11 Mar 2011 08:00:00 EST

Unique Friends, LLC, a group home for mentally disabled adults located in Portsmouth, Virginia, recently entered into a settlement agreement for $150,000 with the family of Gloria Jean Watts following a civil complaint that was filed by her family last year. The complaint filed against the group nursing home facility alleged that Ms. Watts, a mentally disabled woman, had been locked in her room, beaten, denied access to bathroom facilities and denied food and water by the staff of the facility.

One local news source conducted interviews with the family of Ms. Watts and reported, “when they visited her in the facility, they found her bruised, dehydrated and unable to speak”. Court records indicate that the original suit that was filed against the nursing home facility last year had requested more than $5 million in damages. Following the lawsuit, the Commonwealth of Virginia revoked the facility’s license to operate.

Ms. Watt’s family became concerned about her health and wellbeing when they were allegedly told by the facility that Ms. Watts was not allowed to visit them on a holiday because of her behavior. It is important for friends and family members to regularly visit loved ones who have been placed in an assisted living facility, nursing home or who require the assistance of a home health aide or nurse. If you suspect that your friend or loved one is the victim of physical, financial or any other type of abuse, you should contact the Virginia Adult Protective Services Unit for assistance immediately. You should also seek the advice and cousel of a local attorney who is experienced in protecting the rights of the elderly and the disabled.

Virginia School District Threatened by Freedom from Religion Foundation

Fri, 11 Mar 2011 08:00:00 EST

The idea of separation between church and state is seemingly as old as the United States itself. But a school district in Virginia recently vowed to hang the Ten Commandments in each of its schools regardless of potential of whether or not in provoked a lawsuit. The Ten Commandments have hung in the schools since a pastor provided them in 1999. The school board claims that Commandments serve as moral guideposts for students.

But after the Wisconsin based Freedom From Religion Foundation has threatened a lawsuit, the Giles County School Board is changing their tune. The Foundation, which aims to remove signs of religion in public schools, received a complaint last year from a student in the Giles County School District. Since then, they have approached the school board and have threatened to sue if the Commandments aren't removed.

When the Giles County School Board initially removed the Commandments upon hearing from the Freedom From Religion Foundation, but a day later, they were up again. Now, after a new vote on the matter, the Commandments are down again. But the Freedom From Religion Foundation isn't sure it will stick. They say they are still readying their case if they indeed choose to take the matter to court.

Many claim that this case is a battle between the heavily-Christian population of Giles County, Virginia, versus the largely atheist and agnostic population of the Freedom From Religion Foundation. Regardless, the idea of separation of church and state is proving to be just as relevant today as ever.

Somali Pirates Set To Make Initial Appearance In Norfolk Court

Thu, 10 Mar 2011 08:00:00 EST

Fourteen Somali and Yemeni pirates suspected of playing a role in the tragic shooting deaths of four American citizens back in February are scheduled to appear before a judge in the U.S. District Court in Norfolk on Thursday, March 10th. The fourteen suspects are facing multiple charges including piracy, kidnapping and possessing illegal firearms.

The four victims of the February attack off the East African coast near Oman were identified as Scott and Jean Adam of Southern California, Phyllis Macay and Bob Riggle, both of Seattle. It was reported that the four Americans were sailing around the world delivering bibles to churches in remote locations at the time of the attack. Scott Adam had spent his career as a filmmaker in Hollywood but enrolled at the Fuller Theological Seminary in 1996.

The Adam’s yacht was attacked and boarded by Somali pirates on February 18th. The American travelers were held hostage while U.S. naval forces attempted to negotiate with the pirates. According to reports by Pentagon officials, gunfire erupted on the Adam’s yacht on February 22nd while negotiations were in progress. U.S. naval forces responded to the gunfire and were able to capture fourteen pirate suspects. Unfortunately, by the time naval forces boarded the yacht, the four Americans had been shot and killed.

The suspects were turned over to the U.S. Justice Department on March 9th and were subsequently indicted by a federal grand jury. Local Norfolk news sources have reported that a press conference has been scheduled for Thursday afternoon where U.S. Attorney Neil McBride plans to further discuss the charges pending against the pirate suspects.

New Study Shows Lower Speed Limit on Shore Drive May Not Be Safer

Wed, 09 Mar 2011 08:00:00 EST

A new city-commissioned study shows that lowering the speed limit on Shore Drive in Virginia Beach may not have been the safest decision. The road’s speed limit changed in June 2010, moving from 45 miles per hour down ten miles to 35 miles per hour. This change was due in large part to the high frequency of accidents there in previous years. Ten pedestrians have been killed on Shore drive in the past eight and a half years – two in just the last year. The speed limit change was pushed for by families of the victims, along with civic leaders. Since the change in June, police have been heavily patrolling and enforcing the new speed limit.

But a new study shows that the change may not have been for the best. The study conducted by Parsons Brinckerhoff Inc., showed that 45, not 35, was the appropriate speed. In fact, the study showed no significant difference in safety between the two speeds. City traffic engineers agree with the study’s findings.

Now, it’s up to local politicians to decide what to do with their findings. Some argue that the study measured too short a time. Indeed, there have not been any deaths on Shore drive since the change has been implemented – surely a sign that something is working. Others suggest that the limits aren’t stopping most people from speeding; in fact, the average speed limit on the road is between 36 and 45 miles per hour. Whatever local leaders decide, Shore drive will probably always have a dangerous stigma attached to it.

Former Virginia Beach Police Investigator Sentenced to 12.5 Years In Prison

Wed, 09 Mar 2011 08:00:00 EST

This past week, a federal judge in Norfolk sentenced retired homicide detective, Robert Glenn Ford of Virginia Beach, to 12 years and 6 months in prison for taking bribes from criminals and lying to the FBI. Last October, a jury found Ford guilty on two counts of extortion and one count of lying to the FBI.

The evidence presented at trial suggested that Ford had been obtaining payments from criminals in exchange for securing their release on bond. The evidence also suggested that Ford has assisted multiple individuals in obtaining reduced prison sentences by providing false information to prosecutors and judges. Ford was also accused of stealing money from a fund that paid out monetary rewards for tips to police by fraudulently using his own informants to provide tips in exchange for a share of the reward proceeds.

Ford had worked with the Norfolk police force for over 30 years. During his tenure he worked on several high-profile cases such as the “Norfolk 4” case where four sailors were allegedly forced to confess to raping and murdering a woman. The four men who were originally sentenced to life in prison were later pardoned after serving numerous years behind bars.

In another case where Ford was involved, a Virginia man, John Danser, was convicted of murdering a Virginia woman after Ford allegedly instructed a witness to say that Danser was involved in the homicide. The witness later retracted his statement stating that Danser was not involved. Ford ignored the retraction. Danser was released from prison in 1999 after his attorney secured evidence that proved that Danser was in Philadelphia at the time the murder was committed in Virginia. Local news sources have reported that the Virginia Attorney General’s Office will be reviewing and handling all of Ford’s former cases.

How to Contest a Virginia Traffic Ticket If You Are Unable to Appear In Court

Wed, 09 Mar 2011 08:00:00 EST

For residents of the Hampton Roads, Norfolk or Virginia Beach areas, appearing in court to contest a traffic citation is generally inconvenient. However, for out-of-state residents and members of the military, physically appearing in court to contest a citation may not be an option. Military members who will be out at sea or deployed on a mission on the date of their scheduled court appearance may be tempted to simply remit payment for the traffic violation to “get it taken care of” quickly. This, however, may not be the best option.

If you pay a ticket without disputing it, you are pleading guilty to the offense. This may cause points to be added to your driving record and could lead to the suspension of your driver’s license. In some cases, certain traffic offenses must also be reported to the military. You can avoid the expenses, monetary and otherwise, that are associated with pleading guilty to a traffic ticket by successfully defending the ticket in court.

If you are unable to personally appear for your court date, you may be able to have a local attorney appear on your behalf to dispute your citation. The first thing that you should do after receiving a traffic ticket is contact a local attorney who has experience with the traffic laws and court rules for the Hampton Roads and Virginia Beach areas. Your attorney will be able to advise you as to whether or not he can appear in court without you being present. If you are facing charges that are more serious or complex than a basic traffic violation, your attorney will work with you, advise you of your rights and responsibilities, and guide you through the legal system to achieve the best possible outcome for your case.

Local College Student Bikes Across Country for Charity

Mon, 07 Mar 2011 08:00:00 EST

Most college students are known for their hard-partying ways, but Old Dominion University student Jake Richardson is breaking stereotypes as he takes up a more noble cause. A longtime athlete and member of the Old Dominion University Rowing Club, Richardson plans to participate in the charity Bike and Build this summer.

Bike and Build is a national charity that combines bicycling and building low-income housing. They hold several cross-country treks for young people each year. Each participant pays $4,000 to cover costs, and to help support the charity. They may pay the money out of pocket, or raise funds on their own. The program, which began in 2002, has risen over $2.7 million dollars, and has donated roughly 80,000 hours of construction work.

The adventure begins in Virginia Beach and ends in Cannon Beach, Oregon. Each day, the riders will bike about 75 miles, but they’ll stop at churches and community centers to give presentations on Bike and Build. The participants will also help assist various Habitat for Humanity projects along the way. The trip will cover 3,835 miles and will go through exciting landscapes, including the Rocky Mountains. Bikers will reach elevations of 11,000 feet.

The trip will certainly be a challenge, both mentally and physically. In order to train for the journey, Richardson has been riding his bike daily. He rides to campus for class, and also to work. He is planning to bring his iPod on his trip and he plans to blog along the way.

Tree Branch Falls on Car, Causes Tragic Accident

Fri, 04 Mar 2011 08:00:00 EST

In a freak accident this weekend, an 84-year old woman from Louisiana was killed on Colonial Parkway in Yorktown. The woman and her husband were headed east at 12:45 pm when a falling branch hit their Buick Lacrosse. The car ran off-road and hit another tree dead on. The woman, who was riding in the passenger seat, died at the scene. Her husband, who had been driving, was cut from the car by firefighters. He was in critical condition and was air-lifted to the Riverside Regional Medical Center in Newport News. Authorities say his condition is improving.

Authorities believe the branch broke and fell due to the high winds that day. While no amount of preparation can prevent an act of God, it is always important to factor in the weather when driving. Many of us may never suspect wind as a dangerous driving condition, but strange things do sometimes happen. Always check the weather before embarking on a trip, whether you’re heading to Disney World on vacation or simply running to the grocery store.

Of course, it is best to stay off the roads if the forecast calls for severe weather, such as hurricanes, tornados, blizzards or thunderstorms. But even relatively mild weather can be dangerous. Wind, light rain and even bright, sunny weather can create road hazards. Always be sure to pay attention when you drive, even if conditions are good. Freak of nature events like this one can truly occur to anyone at anytime.

Virginia Beach Woman Sentenced to Five Years Behind Bars For DUI Crash

Thu, 03 Mar 2011 08:00:00 EST

Virginia Beach Woman Sentenced to Five Years Behind Bars For DUI Crash

Natasha Herzog was sentenced to five years in prison earlier this week after pleading guilty to DUI and involuntary manslaughter. On November 27, 2009, Hunter Richardson and Charlotte Staats were crossing Columbus Street after leaving the Guadalajara Restaurant at the Virginia Beach Town Center when they were struck by Herzog’s car. Eyewitnesses who were present at the scene of the accident estimated that Herzog was driving between 40 and 50 mph, even though the posted speed limit on Columbus Street was only 35 mph. The witnesses also reported that Herzog did not attempt to slow down or stop before hitting the two pedestrians.

Hunter Richardson’s life ended as a result of the accident and Charlotte Staats sustained serious injuries, which required metal rods, screws and bone grafts to repair her legs. The Virginia Beach police officers that responded to the accident scene reported that Herzog’s speech was slurred, her breath smelled like alcohol, she had bloodshot eyes and was unsteady on her feet.

Following her arrest, Herzog refused to take a breathalyzer test, which added an additional three months to her sentence. She was also denied bail prior to her trial because she was considered a danger to society and a flight risk by the judge. This incident was not the first criminal offense that Herzog has been charged with. She had previously been convicted for a DUI in 2005, reckless driving in 2000 and 2004, and driving on a suspended license in 2000, 2001 and 2002. She had also failed to show up for numerous court hearings related to her prior charges.

Herzog was originally sentenced to 16 years and 6 months in prison for the 2009 DUI, involuntary manslaughter, and reckless driving charges. However, in exchange for pleading guilty to the charges, the judge suspended a majority of the sentence. Herzog will be required to spend the next five years in prison. DUI offenses are serious charges that may carry substantial penalties including the suspension of your driver’s license, fines and even jail time. If you have been charged with a DUI it is imperative that you contact an experienced local attorney who can not only explain your rights and options under the law, but also vigorously defend your case in court.

Virginia Beach speed limit traffic study reveals results.

Wed, 02 Mar 2011 08:00:00 EST

Virginia Beach Traffic Study Suggests That Lower Speed Limit Did Not Increase Roadway Safety

The City Council of Virginia Beach lowered the speed limit on Shore Drive from 45 mph to 35 mph after civic leaders and families of the ten pedestrians that had been killed on Shore Drive in the past eight years pushed for the decreased speed limit. The city recently commissioned a study to measure the benefits of the decreased speed limit. The study, which was performed by Parsons Brinckerhoff, Inc., found that “based on the speed, crash and physical characteristics data, the previously posted 45 mph speed limit was appropriate” and that “reducing the speed limit to 35 mph has yet to show benefits or impacts in terms of safety.”

Local news sources and opponents of the reduced speed limit have pointed to the fact that many of the pedestrians that were injured or killed on Shore Drive were attempting to cross the street after exiting a local bar. Therefore, it is believed that many of the fatal incidents that have occurred on Shore Drive were alcohol related. Opponents of the reduced speed limit have also commented on the fact that they believe that the new rule does nothing more than slow down traffic.

Even though there has been speculation regarding whether or not the speed limit on Shore Drive will be raised back up to 45 mph, city officials such as Vice Mayor Louis Jones and Councilman Jim Wood, have stated that they wish to keep the speed limit posted at 35 mph. Vice Major Jones supports his position with the fact that no deaths or serious accidents have occurred since the lower speed limit was implemented in June 2010

Should the Shore Drive speed limit be increased back to 45mph?

Mon, 28 Feb 2011 08:00:00 EST

If you’ve spent any time in the Virginia Beach area, you may appreciate how controversial the speed limit on Shore Drive is. In an attempt to cut down on pedestrian accidents and fatalities, the City Council lowered the speed limit on the stretch of Shore Drive between Pleasure House Road and North Great Neck Road to 35mph from 45mph.

However, a study commissioned by the City Council recently made the case that reducing the speed on Shore Drive by 10mph did nothing to make the road safer. The study’s authors concluded that the speed limit should be raised back up to 45mph.

The speed limit was lowered after two tragic pedestrian deaths that happened on Shore Drive within six months of each other. Both accidents happened as the pedestrians were trying to cross the road. Critics point out that in both cases the victims had been drinking at the bars that line Shore Drive, and their actions may have contributed to their deaths.

Families and some city leaders disagreed that the victims alone were responsible for their own deaths, and wanted the speed limit reduced. However, the recent study, which was done by Parsons Brinckerhoff Inc. came to the same conclusion as a study done last summer by city engineers: a speed limit reduction won’t make Shore Drive safer.

How did nurse aide convicted of elder neglect keep Virginia license?

Mon, 28 Feb 2011 08:00:00 EST

How would you feel if your family member living in a Virginia nursing home had a toe amputated thanks to the negligence of a certified nurse’s aide (CNA)? And then, how would you feel if you found out that two years after your family member was hurt this nurse is still holding her CNA license in Virginia?

This is a real-life scenario, which started two years ago when certified nurse’s aide Ophelia Tarpeh was accused of causing an injury to a 61-year old half-paralyzed woman that the woman’s big toe had to be amputated.

The reason this case became complicated is because Tarpeh was working in an Annandale, Virginia nursing home but traveling to a dentist appointment in Washington D.C. with the resident when the incident occurred. It was the U.S. attorney’s office in D.C. that filed misdemeanor criminal neglect charges against Tarpeh, and it was in D.C. that Tarpeh was finally convicted of those charges two weeks ago.

However, when the Virginia nursing regulators first took a look at the charges against Tarpeh, they were limited in what they could discuss with her thanks to privacy rules. Because of this, they never fully understood what had happened and they allowed her to keep her license.

In fact, despite being convicted of the charges against her a few weeks ago Tarpeh still has her license to practice as a CNA. However, justice may be coming as the Virginia nursing regulators get ready to take a second look at her case.

What to Do if You Suspect Nursing Home Abuse

Mon, 28 Feb 2011 08:00:00 EST

It’s everyone’s worst nightmare: finding signs of abuse in a loved one at a nursing home. Whether you discover bruises, suspect emotional mistreatment, or your loved one reports the abuse to you, it’s a shocking and often disturbing thing to deal with.

It’s important to stay calm. Confront the administration immediately. Although it’s difficult not to let your emotions show, it’s important to be professional and firm. Allow the facility manager or supervisor to explain the situation or make amends. He or she may not even be aware of the problem. However, if the explanation is unsatisfactory in any way, don’t hesitate to arm yourself with proper allies, like the police or the Adult Protective Services.

If the elder abuse is life-threatening, don’t waste any time: call the police and report it immediately. They will likely investigate and bring in Social Services and Adult Protective Services.

If the abuse is not life-threatening, call Adult Protective Services yourself. This service has numerous resources to help investigate claims of elderly abuse. They’ll help you navigate the next steps in your complaint against the nursing home.

Another option is to call the Eldercare Locator Services at 1-800-677-1116. This toll free number will connect you with resources and referrals in your area. They specialize in dealing with elderly abuse, and will be able to answer questions you have.

Recognizing the signs of nursing home abuse can be traumatic, but with the right tools and references, you can prevent any more abuse from happening.

Tidewater residents: watch out for these vehicle safety recalls

Sun, 27 Feb 2011 08:00:00 EST

Calling all Tidewater residents: are you good about keeping up with the latest vehicle safety recalls from the National Highway Traffic Safety Administration (NHTSA)? Here are all the recalls since February 1, 2011:

2004-2005 Ford F-150 pickup trucks manufactured in Norfolk. Vehicle defect means airbag could deploy without warning, causing injury.
2009-2010 Ford F-150 pickup trucks are also being recalled because the door latch could fail in a crash, causing the door to open unexpectedly.
Variety of Suzuki motorcycles manufactured from 2008-2010. These motorcycles could experience engine stalling, which could lead to a wreck.
2004-2007 LEXUS / RX330, 2004-2007 LEXUS / RX350, 2004-2007 LEXUS / X400H, 2004-2006 TOYOTA / HIGHLANDER, and 2004-2006 TOYOTA / HIGHLANDER HYBRID – all recalled because the forward retention clip for the floor mats was not installed correctly, and could lead to the accelerator pedal becoming caught by the floor mat.
2006-2007 LEXUS / GS300 and 2006-2007 LEXUS / GS350 recalled because the accelerator pedal could become partially stuck, which could lead to a crash.
2008-2011 LEXUS / LX570, 2003-2009 TOYOTA / 4RUNNER, 2006-2010 TOYOTA / RAV4 all recalled because the accelerator pedal could become stuck wide open because of the floor mats, leading to an out of control speeding crash.
2009-2010 Honda Fit is being recalled because one of four engine springs could become detached, leading the engine to stall.
2009-2010 Cadillac CTS is being recalled because the rear suspension could become loose, causing drivers to lose control of their vehicle and crash.
2009-2011 Suzuki Grand Vitara and 2010-2011 Suzuki SX4 are recalled because the drive belt could become detached, contributing to a crash.
2011 Ford Explorers are being recalled because the second row seat backs may not remain upright in a crash, and could cause additional injury.

Hurt in a car or truck wreck thanks to a recalled vehicle? Contact our Norfolk office to find out how we can help.

What to do about your Virginia nursing home arbitration agreement

Sat, 26 Feb 2011 08:00:00 EST

So you are concerned about signing an arbitration agreement before you place a family member in a Virginia nursing home or assisted living facility. Or, you are worried that because you signed an arbitration agreement you won’t get the justice and compensation your loved one deserves after a nursing home death or case of abuse or neglect.

You are right to be concerned. Nursing home arbitration agreements exist primarily to protect nursing homes from big lawsuits. If they do something horribly wrong that leads to a resident suffering abuse, neglect or even death – they don’t want to be taken to court and forced to pay a big payout.

So what can you do about that arbitration agreement?

If you are looking for a nursing home or assisted living facility, make sure you take time to read all of the paperwork you are asked to sign. There is probably an arbitration agreement or clause in there somewhere.
Before you sign, ask if you can remove the clause.
If the nursing home won’t let you remove the clause, you may want to ask an attorney to review the paperwork before you sign.
If you do sign – or if you have already signed – a nursing home arbitration agreement, you still have rights. You may be able to opt out of the agreement, especially if your family member is hurt or killed because of the facility’s negligence.

Don’t let the Virginia nursing home push you around – get help from one of our experienced Virginia nursing home abuse & neglect attorneys as soon as possible. Just remember that time is of the essence, and you may lose some of your rights if you wait too long.

Avoiding Elder Abuse: How to Find the Right Nursing Home

Fri, 25 Feb 2011 08:00:00 EST

Choosing the right nursing home for a loved one can be a difficult decision. Finances, distance, and a lack of quality facilities can all pose significant hurdles. This daunting task is made all the more difficult when you factor in the high levels of elderly abuse often found in nursing homes.

Because nursing home abuse has become so common in the past few decades, it is critical to consult the Medicare website before you begin your search. The site provides in-depth information about local facilities, and allows you to compare and contrast various nursing homes.

Always visit the nursing home yourself before making a decision. Ask a nurse to show you a room. Pay attention to your gut feeling – your intuition will lead you. Come prepared to ask questions. Check and see how many residents there are in relation to the number of nurses. Legally, there should be at least one nurse to every 16 patients.

When you’ve decided on a home, check it out at the Better Business Bureau. They’ll have statistics on complaints about the nursing home, and what the nature of those complaints are.

Even after you’ve selected a nursing home and your loved one has moved in, continue being vigilant. Visit frequently, and check conditions of the nursing home each time you go. Is your loved one satisfied? Take their comments seriously. If they can’t communicate their feelings, check for bruises and bed sores, just in case.

Though nursing home abuse is extremely common, by doing your research and checking up on your loved one frequently, abuse can be prevented.

Nursing Home Abuse: By the Numbers

Wed, 23 Feb 2011 08:00:00 EST

In many cultures, the elderly are honored and beloved members of the community. Tragically, it seems many senior citizens do not receive the respect they deserve in their old age. For those afflicted, nursing home abuse destroys the possibility for what should be peaceful twilight years.

For years, horror stories about nursing home abuse have plagued the media, but the statistics are truly shocking. Recent numbers show that 30% of all nursing home facilities in the United States have reported instances of abuse. Among individual patients, an alarming 81% reported some kind of abuse, be it physical, verbal or other.

Tragically, though, many more cases occur but go unreported. Experts have concluded that for every one case of abuse reported, another five go unreported. Many patients are not cognitively able to report crimes against them, so we can truly only guess how ubiquitous elder abuse really is.

One of the most shocking statistics related to nursing home abuse is that 90% of abusers are known to the victim. Often, the abusers are the children or spouse of the victim. Other times, nurses and attendants are guilty.

Nursing home abuse may seem horrifying at first glance, it is even more shocking than many people realize. Not just a one-time problem, abuse truly affects senior citizens in the long run – those afflicted are 300 times more likely to die than those who are not abused.

These disturbing facts are a window into a world many of us will one day face ourselves.

Types of Nursing Home Abuse

Tue, 22 Feb 2011 08:00:00 EST

Nursing home abuse has become far too common in our society, but the truth is, many people don’t know much about it. Some assume physical abuse is the most common type, while others believe the elderly are simply neglected by overworked nurses. While both of these kinds of abuse certainly do occur, abuse comes in many shapes and forms. In fact, there are officially 6 different types of nursing home abuse: physical, emotional, sexual, neglect, abandonment and financial exploitation.

Emotional abuse is one of the most tragic forms of nursing home abuse. Frustrated nurses often take their anger or dissatisfaction out on their patients, both verbally and non-verbally.

Elderly nursing home residents are often easy prey for sexual predators. Often mentally or physically weak, nursing home residents are often victims of sexual abuse, especially if the facility does not perform background checks on employees.

Abandonment is a surprising and sad type of abuse many often overlook. Though nursing home nurses and workers assume responsibility for their residents, they are often overworked and sometimes forget about their patients.

Financial exploitation is yet another cruel type of nursing home abuse. Whether it is a nurse pick pocketing a few dollars from a wallet or pocket, or the liquidation of entire savings accounts, financial abuse is not to be taken lightly.

Obviously, abuse can take many different forms, often at the same time. By visiting our loved ones often and checking for tell-tale signs of abuse, we can prevent , or at least circumvent nursing home abuse.

Virginia nursing homes: not just for the elderly anymore

Tue, 22 Feb 2011 08:00:00 EST

Why is the average age of nursing home residents in Virginia going down? It isn’t because elderly Virginians need care sooner. It is ironically due to improvements in medical technology that are saving seriously injured people who in years past would have died from their injuries.

Take car crash victims. Serious auto accidents can lead to devastating injuries like spinal cord damage or brain injury. These days doctors know more about these types of injuries and are able to save patients with severe brain injuries, spinal cord damage or severe internal injuries. In addition, much progress has also been made in managing many serious chronic illnesses, so people are living longer than they used to.

However, many of these patients go on to need around-the-clock care – the very type of care that is available in Virginia nursing homes. Families are finding that nursing homes are an affordable alternative to home care, especially if nobody is able to quit their job and care for the patient full-time. Some patients need to stay in nursing homes long-term, others for shorter stays.

Some communities in Virginia have long-term care programs or assisted living options available for those who need constant care, but budget cuts and economic challenges have meant that nursing homes are a last resort for many.

DUI, involuntary manslaughter charges after Virginia Beach wreck

Mon, 21 Feb 2011 08:00:00 EST

A late night car wreck near the intersection of Virginia Beach Boulevard and Northridge Drive has taken the life of one man. The accident happened when the driver of a Nissan Altima lost control of his vehicle while heading westbound on Virginia Beach Boulevard.

The Altima smashed into a utility pole, and then spun sideways. There were four people in the car total. The two backseat passengers, who were not wearing seatbelts, were thrown from the vehicle. The driver and front seat passenger also suffered injuries, but they were not as severe as the backseat passengers.

One of the backseat passengers, Antoine Lashawn Fulford, 27, died in the accident. The other, whose name is not known, suffered life-threatening injuries.

The driver of the Altima, Adrian Black, Jr., 26, of Norfolk, was charged with involuntary manslaughter and driving under the influence. Black is currently being held without bond at the Virginia Beach Correctional Center.

According to the police report, Virginia Beach police officers also recovered 0.1 gram of marijuana from Black’s car. Alcohol was a factor in the crash, and it is not known if he was also under the influence of marijuana at the time of the accident.

Signs of Nursing Home Abuse

Mon, 21 Feb 2011 08:00:00 EST

When we make the difficult decision to move our loved ones into nursing homes, we always fear for the worst. The statistics are hard to ignore – nursing home abuse has been a huge problem in our society for some time now. Sadly, nursing home abuse is all too common, given the stress put on nurses. Workers are often paid very low wages, work long hours, and are improperly trained.

Many times, loved ones may not be able to physically tell us if there is a problem. Other times, they are ashamed or feel they can “suck it up” and deal with the problem themselves. The truth is, no one deserves to be mistreated, and they don’t have to put up with abuse.

There are certainly visual signs that a loved one is being physically abused. Check for bruises, scratches, and other marks. Other signs may not be as blatant. Sometimes, abuse comes from neglect. If a patient has recently lost or gained a significant amount of weight, a nurse may be neglecting their nutrition. Check to see that linens are being changed frequently, as well as clothing.

Physical abuse and neglect are tragically not the only forms of nursing home abuse. Emotional, sexual and financial abuse is also common in nursing homes. Has your loved one become listless and withdrawn? Have any of their personal items gone missing? Have there been any dramatic changes in their finances?

These are all important questions to ask to discover if nursing home abuse is occurring.

Virginia Beach hit and run driver has bad driving history

Sun, 20 Feb 2011 08:00:00 EST

A driver accused of striking an 11 year old girl near the intersection of South Lynnhaven Parkway and Crimson Holly Lane in Virginia Beach has been found to have a history of traffic violations.

The traffic accident happened Wednesday afternoon when driver Mark Richard Tietjen, 36, struck the girl while driving a van. The girl was crossing the street with a group of friends, and had stopped to pick up a dropped iPod. The driver quickly left the scene of the accident, but was apprehended about 45 minutes later.

Virginia Beach police were able to find Tietjen after the hit and run crash thanks to witness descriptions of the vehicle. Once apprehended, Tietjen was charged with felony hit and run then taken to the Virginia Beach Correctional Center. He was later also charged with leaving the scene of an accident.

The victim, whose parents have asked that her name not be released, had to be airlifted to Children's Hospital of The King's Daughters. She is in critical condition; no other details are known.

If found guilty of the charges against him, Tietjen could face up to 10 years in prison or a year in jail and a fine of as much as $2,500. He has a history of traffic violations, including several drunk driving convictions as well as speeding and driving on a suspended license.

Newport News Crash Suspect Identified and Charged With DUI

Fri, 18 Feb 2011 08:00:00 EST

Newport News police have identified Kurt Edward Fortner, Jr. as the driver of the vehicle that caused a multi-car crash on J. Clyde Morris Boulevard on February 14, 2011. Fortner was stopped by a deputy with the Newport News Sheriff’s Office while traveling eastbound on I-64. Rather than complying with the deputy’s instructions, Fortner took off in his vehicle and attempted to elude the police.

After exiting I-64, Fortner struck a mini-van containing a woman and her two young children. When the mini-van was struck by Fortner’s vehicle, it was hit so hard that it spun around and its rear tire flew off and struck another vehicle. That vehicle flipped over when it was struck by the tire and came to rest on the sidewalk. That vehicle also contained a woman and two young children. After colliding with the mini-van, Fortner’s vehicle went on to strike a tree and a utility pole. Video footage of the collision can be seen here. Fortner was taken to the hospital and is reported to be in stable condition. The other individuals involved in the crash were treated for minor injuries.

Fortner was charged with multiple crimes consisting of reckless driving, driving on a suspended license, DUI, evading and eluding the police and two counts of maiming while driving under the influence. The city of Newport News takes reckless driving and DUI offenses seriously. If you or someone you know has been injured in an accident or charged with a DUI offense, you should contact a local attorney who can assess your case and advise you of your rights under the law.

How to Pay Your Virginia Traffic Ticket Online

Tue, 15 Feb 2011 08:00:00 EST

If you received a traffic ticket in the Norfolk or Virginia Beach area, you should contact a knowledgeable local attorney even if you think that you may be guilty or at fault. By paying for your traffic ticket upfront, you are admitting guilt for purposes of the offense. The Commonwealth of Virginia issues demerit points against your driver record for most traffic offenses. Those points typically stay on your record for two years or more. If you accumulate too many points, you may risk having your driver’s license suspended.

A traffic lawyer who understands the local and state traffic laws may be able to successfully defend your traffic ticket if the Commonwealth fails to support each of the elements of the traffic violation that they have cited you with. In some cases, even if your attorney cannot get your traffic ticket dropped, they may be able to have the ticket reduced to a lower offense that carries a smaller fine or fewer demerit points.

If you are found guilty of a Virginia traffic violation you will be required to pay your ticket within 15 days after the court hearing. You have several options for paying your ticket; however, one of the most convenient ways to pay your ticket is online through the Virginia Judicial System website. You can access the website by clicking here.

Once you are on the site, you will be directed to the General District Court Case Information System. The first thing that you will do is select your court from the drop down menu at the top of the page. This will be the court that is listed on your summons or citation. Next, type your name, beginning with your last name, in the box that is directly under the court selection menu and click on the “Search” option. A listing of relevant cases will be loaded. Click on the case that corresponds with your name and case number. You will be required to enter your credit card or bank account information into the system. Once your payment is processed, you should receive a payment confirmation, which you should print and keep for your records.

Knowing Your Rights: Nursing Home Residents and Their Bill of Rights

Tue, 15 Feb 2011 08:00:00 EST

About 1.6 million American citizens live in nursing homes, and another million live in assisted living facilities. As the baby boomers age, this number will surely continue to swell. More and more of our loved ones, friends and family are checking into nursing homes. With the shocking statistics about nursing home abuse, it’s more important than ever to know the rights of nursing home residents.

When checking into a nursing home, residents will be required to sign a legible, clear list of their personal rights. Such rights include medical rights, a right to privacy, as well as financial rights.

Medical nursing home rights include being aware of medical conditions, seeing a primary physician, and accessing personal records and files. Residents should also be able to express concern about treatment and should be able to refuse experimental treatments.

Privacy rights are critical for many nursing home residents. These rights may seem basic – the ability to send and receive mail, using the telephone, sharing a room with a spouse – but they are truly the backbone of the nursing home bill of rights.

Financial rights are also very important for nursing home residents. Rights include the ability to handle money, receiving statements of funds, and being aware of what facility fees are costing them.

These rights are critical for any human being, but especially for those in the twilight years. Some patients may not be cognitively able to express their wishes, so this nursing home bill of rights is crucial. Be sure your loved ones read and sign with caution.

Virginia is One of Seven States to Receive a Failing Grade for Highway Safety Laws

Mon, 14 Feb 2011 08:00:00 EST

Each year, the Advocates for Highway and Auto Safety organization grades each state on the quality and effectiveness of their driver laws and regulations. The criteria that is used to calculate each state’s grade consists of multiple factors such as adult occupant protection, child passenger safety, teen driving, driving impairment and distracted driving laws.

In the “2011 Roadmap to State Highway Safety Laws” report, issued by the Advocates for Highway and Auto Safety organization, the Commonwealth of Virginia received a failing grade for falling dangerously behind in the adoption of the Advocates’ recommended safety laws. Among the recommended laws that Virginia currently lacks are a primary offense seat belt law, a minimum age law of 16 for learner’s permits, stricter cell phone restrictions, ignition interlock laws for all DUI/DWI offenders, an open container law, mandatory blood alcohol content (BAC) tests and a universal text messaging restriction for all drivers.

In response to the 757 car-related fatalities that occurred in Virginia in 2009, Delegate William K. Barlow introduced House Bill 2136 which would have made the failure to wear a safety belt a primary offense in Virginia. Under the current law, failing to wear a seat belt is a secondary offense, which means that you may be cited for failing to wear one if you are pulled over for a separate primary offense such as speeding. Under the proposed bill, the Virginia police could pull over and cite drivers for failing to wear a safety belt regardless of whether they committed an additional primary offense. House Bill 2136 was voted down on January 20, 2011.

What to Expect if You're Stopped at a Sobriety Checkpoint in Norfolk, Virginia

Sun, 13 Feb 2011 08:00:00 EST

If you enter a sobriety checkpoint and are stopped by a Virginia police officer, a number of things may occur. Initially, you will be asked to provide your driver’s license, vehicle registration and insurance information. You may also be asked a series of basic questions regarding where you are coming from or traveling to. Virginia police officers generally ask questions to determine whether you are exhibiting signs of impairment. While, as a general rule, you have no obligation to answer the officer’s questions, it is in your best interest to comply with a reasonable request for information. If you believe that an officer’s questions are unreasonable or harassing, you may politely state that you would prefer to consult with an attorney before providing any additional information.

If the officer suspects that you have been drinking or are under the influence of an illicit substance, you may be asked to exit your vehicle. Keep in mind that an officer may not ask you to exit your vehicle unless you are exhibiting signs of impairment. Some of these signs may include: smelling like alcohol or marijuana, slurring your words, having glassy eyes or driving erratically prior to the stop.

Once you are out of the vehicle you may be asked to complete several field sobriety tests such as walking in a straight line or balancing on one leg. You may also be asked to take a breath test. If you have not been arrested, you have the right under section 18.2-267 of the Virginia Code to refuse to take the test. If you do refuse the test you will likely be arrested for a DUI/DWI offense; however, the fact that you refused a breath test at the checkpoint may not be used against you at trial.

If you are arrested you will be required to take a breath or blood test to determine whether you are impaired. Evidence from a post-arrest breath or blood test is usually admissible in court. If you are arrested at a sobriety checkpoint in Norfolk or the Virginia Beach area, you should contact an experienced DUI/DWI attorney who can evaluate your case and determine whether the police conducted the checkpoint, and the events that led to your arrest, properly.

Rules for Sobriety Checkpoints and Roadblocks in Virginia

Sat, 12 Feb 2011 08:00:00 EST

The use of roadblocks and DUI checkpoints by police and state troopers is a relatively common practice in the Commonwealth of Virginia. The main purpose of these checkpoints is to increase highway safety by catching drivers that may be under the influence of drugs or alcohol. As you may know, Virginia police officers cannot stop every vehicle to search for individuals who may be breaking the law. This would violate your state and federal constitutional rights. The police must either have a reasonable suspicion that you have committed a crime or they may stop you in conjunction with a lawful sobriety checkpoint.

In order for a checkpoint to be considered lawful, the police must follow certain rules that have been issued through state and federal case law. If the police fail to follow the rules, any evidence that they collect during an unlawful roadblock may be suppressed in court. This could lead to a case getting thrown out or dismissed.

There are two main issues that you should be aware of if you happen to come upon a sobriety checkpoint. First, the time and location of the checkpoint must be announced to the public. Typically, checkpoints are reported in local newspapers, on the radio, on local government websites and on the local news. Second, and most importantly, the police officers performing the stop must use a statistical formula for selecting vehicles for a stop. For example, they may choose to stop every third car that passes through the checkpoint. However, they may never use their own discretion when making this selection unless they have an alternative reason for stopping you, such as erratic driving.

If you are stopped at a roadblock or sobriety checkpoint in the Virginia Beach or Norfolk area that you believe does not comply with these requirements, you should contact an experienced local attorney immediately to determine whether your rights have been violated.

What Can a Suppression Motion Mean for Your Case?

Fri, 11 Feb 2011 08:00:00 EST

A suppression motion is a tool that is commonly used by criminal defense lawyers in Virginia to get evidence thrown out in a client’s criminal case because it was seized or taken improperly by the police. The Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. It also protects our right to privacy. This basically means that the police cannot enter your home, search your vehicle, take your personal property or pressure you to provide information unless they follow certain procedures, such as obtaining a search warrant.

If a police officer violates your Fourth Amendment rights while collecting evidence that may be used to implicate you of committing a crime, the court may throw out the illegally obtained evidence if a suppression motion is filed. Many times, once key evidence is excluded or “suppressed” the prosecutor will be unable to meet his or her burden of proof, which may result in your charges being dropped or reduced.

Illegal searches and seizures commonly occur during vehicle stops and arrests. For example, if you are stopped for a routine traffic violation, a police officer cannot require you to open your trunk to search for drugs or other illegal contraband unless certain additional criteria are met. Additionally, if you are arrested and choose to exercise your right to remain silent, an officer may not continually interrogate you in an attempt to force you to confess to a crime. These are just two examples of events that may cause evidence to be suppressed.

If you have been arrested, accused of a crime or questioned by the police, you should contact a criminal defense attorney to discuss your case and your rights. If evidence or information was collected or obtained illegally by law enforcement officials, an experienced criminal defense lawyer may be able to draft a successful suppression motion to have that evidence thrown out. In many cases, this may mean the difference between serving time in jail and having your case dismissed.

Understanding the Elements of a Criminal Offense in Virginia

Thu, 10 Feb 2011 08:00:00 EST

If you were arrested in the Commonwealth of Virginia it was because the police had enough evidence against you to suspect that you may have committed one of the criminal offenses that is outlined in the Virginia Crimes Code. After your arrest you have the right, in most cases, to request a trial where you will either be found innocent or guilty of the crime that you have been accused of committing.

In order for you to be found guilty of committing a criminal offense in Virginia, the prosecutor must meet his or her “burden of proof”. This means that they must prove every element of the crime that you have been accused of committing. Many times, the prosecutor cannot prove every element of the offense because they lack evidence or an attorney is able to successfully defend the case. If the elements of the offense are not proven, the court must dismiss or reduce the charge.

To better illustrate this point, we will take a look at the elements of first degree murder in Virginia. In order to be convicted of this specific intent crime the prosecutor must prove three separate elements. First, that someone was killed. Second, that you willfully or deliberately caused the person’s death. Third, that the death was planned. The elements of 1st degree murder can also be met if the prosecutor can prove that a death occurred while you were committing another felony offense such as arson or burglary. However, if the prosecutor only has evidence that shows that the death occurred as the result of an accident, and not intentional planning, you could not be found guilty of 1st degree murder in Virginia.

If you have been arrested for any criminal offense in Virginia you should contact a knowledgeable criminal defense attorney who will explain the elements of the crime that you have been accused of and plan a strong defense to discount any evidence that the prosecutor may have against you.

Stuck: Keeping Cool and Staying Safe When Trapped in the Snow

Wed, 09 Feb 2011 08:00:00 EST

Driving in snowy conditions can be scary on its own, but getting stuck can be downright horrific. By staying calm and following a few basic tips, you’ll be out of the snow and on your way soon.

Always be sure to carry necessary safety accessories in your car, especially during the winter. A bag of sand costs very little, and could provide the traction you need to get your car out of an icy spot. Also, have flares and bright colored fabrics to tie to your antenna on hand to alert passing drivers of an emergency.

If you do become stuck, try not to spin your wheels in the ice. Though it’s tempting to pump the gas as much as possible, this only further buries your tire into the ice. Instead, rotate your tires back and forth to create friction and push excess snow out of the way. Lightly touch the gas when you think you’ve cleared some space. Though it might take some time, going slow will be more effective than slamming your foot on the gas.

If you become stranded in the snow, don’t leave your car unless you know where you are. Your chances of survival are far better in a sheltered place like your car. Though it seems counterintuitive, crack a window even if it’s cold. Ice and snow can seal a car’s doors and windows, and you wouldn’t want to be trapped. Rather than waste valuable gas, run the engine and the heater for ten minutes every hour and conserve power.

Must-Have Winter Acessories for Your Car

Tue, 08 Feb 2011 08:00:00 EST

We all love making our car look cool. Whether its fashionable tire rims, a pretty seat cover, or soft steering wheel cover, buying the best for our cars is important. Even more important than fashionable accessories are safety accessories, particularly in the winter. Having the right tools for potentially dangerous situations is a must.

The ice scraper is a vital tool for any car in the winter. Visibility is always important, and icy windshields can occur in even the mildest of conditions. Inexpensive and easy to store under a seat, the ice scraper is invaluable.

Though Hampton Roads may not be known for its snow storms, snow tires might be a good investment. It seems each year, more and more drivers are stuck on local roads, forfeiting their cars to the icy terrain. And while the tires may only come in handy a few days a year, they more than pay for themselves, considering the damage done to cars without snow tires.

Getting stuck in the snow is always a scary thought, but having the right tools can make all the difference. Grab a bag of sand or kitty litter to store in your trunk. It’ll come in handy the next time you need to create traction on an icy road. Also, flares can help alert others in case of emergency. It’s always best to plan for the worst case scenario, so consider leaving a warm blanket, some gloves and a hat in the backseat, too. Water bottles, too!

By the Numbers: Winter Car Accident Statistics

Mon, 07 Feb 2011 08:00:00 EST

Though Hampton Roads is probably more known for it’s hurricanes than it’s blizzards, winter weather definitely has a presence here. We’ve all heard stories and seen news footage of horrific winter accidents. It’s scary stuff, to be sure. Winter weather can truly cripple an entire area, as it did this past December in the Hampton Roads area. Whether it’s a slippery car accident or just a tire caught in snow, winter weather definitely affects the way we drive.

According to the Virginia Department of Motor Vehicles, approximately 10% of all accidents in 2009 were caused, at least in some part, by the snowy or icy road conditions. This is not a surprising number to anyone who has ever driven in the winter time. Types of accidents included rear-end collisions, rollover accidents, collision with man-made structures (telephone poles, traffic medians, etc.) and pedestrian-automobile accidents. Tragically, many of these accidents were indeed fatal. Not surprisingly, there were far fewer car accidents involving snow and ice when snow tires were used.

What does this statistic mean for you? If anything, it should be fair warning that winter weather is not to be underestimated. Take your time when traveling on icy roads, and allow yourself more time than usual to reach you destination.

If there were ever any doubt about wintery driving being unsafe, the statistics speak for themselves. Winter driving can be very unsafe, especially if you are unprepared or inexperienced. Arm yourself with facts, and you’ll be better prepared.

Winter Driving Tips

Sun, 06 Feb 2011 08:00:00 EST

Driving in winter is a necessary evil. Though the weather outside may be frightful, sometimes we have to brave the roads in order to live our daily lives. Of course, driving on icy roads can be very dangerous – you put both your vehicle and your life at risk! Slippery conditions, snow and black ice, all test your driving abilities, not to mention your car’s abilities. By following a few basic winter driving tips, you’ll be safe and sound, and on your way in no time!

Cleaning off your car seems like a simple, common sense idea, but is one that is often underestimated by drivers. Making sure your windows and tires are clear of snow and ice is the first step to driving safely during the winter. Grab an ice scraper and heat up the car while you brush off most of the snow.

Going slow also seems to be common sense, but many drivers get comfortable and cocky after a few miles, and speed up. It’s important to understand the science behind winter driving. By going slowly, you allow more time for your tires to grip the road firmly. When speeding over icy terrain, your tires cannot truly grasp the ground. This leads to slipping and sliding – always a scary possibility when driving in winter.

Having the proper tools for your car is also very important. If you know you’ll be driving in snowy conditions for much of the winter, consider investing in snow tires. They may seem extravagant at first, but could save you a lot of trouble in the long run.

In the event that you are involved in and injured in a car accident this winter, you may want to contact an attorney to discuss your options for compensation for injuries as well as property damage. If you are in need of a Virginia personal injury attorney, contact Attorney Michael S. Weisberg for a free consultation.

How to Handle a Winter Car Accident

Sat, 05 Feb 2011 08:00:00 EST

Automobile accidents are scary under the best of conditions, but adding in icy roads, snowstorms and cold weather, and you’ve got a recipe for disaster. It’s no wonder that this is the busiest time of year for insurance companies. With inexperienced and often times distracted drivers on the road, it seems only a matter of time before an accident occurs.

Of course, it’s always important to be proactive when driving during wintery weather. The easiest way to handle an accident is to prevent it from occurring in the first place. Double check local laws – some areas have specific rules pertaining to snow tires and when you should use your lights. Check your defroster, windshield wipers, and heat – it could make all the difference. Make sure your car is winter ready for the worst case scenario.

Even the most prepared driver can get into an accident, though, so it’s important to know what to do if you are in trouble. As in any automobile accident, exchange insurance and related information with the other driver (s). If anyone is injured call and wait for the police. Collect as much information from the scene as possible. Take photographs and gather facts about other vehicles and drivers involved. Contact and report to your insurance company as soon as possible. If your physical injuries are substantial, after you have obtained emergency treatment, contact an attorney.

Braving Hampton Roads' Roads: A 757 Winter Weather Guide

Fri, 04 Feb 2011 08:00:00 EST

There’s an old saying about Hampton Roads: If you don’t like the weather, wait fifteen minutes. It’s true; no matter the season, the weather here can be very erratic. While an annoyance from day to day life, unpredictable weather can be downright dangerous in the winter.

It’s certainly easy to get used to the average winter temperature – between 36 and 52 degrees in Norfolk – but snowy conditions can creep up on locals. Though the southeast is known for its mild winters, Hampton Roads has been crippled by several blizzards and winter storms through the years.

One of the most notorious storms reads like an urban legend. The blizzard of 1980 famously coincided with the circus coming to town. As the show went on, a winter storm slammed the area, leaving snow banks up to eight feet high. Like something out of a movie, hundreds of people were trapped inside the Norfolk Scope Arena, waiting for the storm to subside. The National Guard passed out blankets to children, while the governor declared a state of emergency. Many other blizzards have occurred, the most recent being December 2010’s storm, which blanketed the area in over 14 inches of snow.

And while blizzards are not exactly the norm for this area, snow, heavy wind and icy conditions are par for the course each winter. In fact, many local businesses and schools have been known to close due to ice on the roads. Always remember to check the local news before traveling to work in the winter – you never know when a snowstorm may hit!

Mentally ill nursing home residents in Virginia and advance care plans

Mon, 31 Jan 2011 08:00:00 EST

Virginia nursing homes are home to more than just elderly residents, they often house mentally ill people of all ages – young and old. In fact, more and more mentally ill individuals are finding themselves in nursing homes, as other care options become harder to find.

A recent research study examined mentally ill nursing home residents and whether or not they had adequate advance care plans, also known as advance directives. The researchers found that overall, residents with severe mental illnesses were less likely than those without mental illness to have an advance care directive in place.

What is an advance care directive? It is a way for residents to define the type of care they will receive in the future, and list the individuals who are allowed to make health care decisions for them. The types of directives out there include living wills, do-not-resuscitate (DNR) orders, do-not-hospitalize orders, and restrictions on medical interventions like feeding tubes, medications and other treatments.

Researchers found that 68 percent of residents without any mental illness had at least one type of advance directive in place, while only 57 percent of residents with severe mental illness had one. Serious mental illness includes schizophrenia, bipolar disorder, or other psychotic disorders.

If staff and managers at nursing homes do not have adequate instructions about the wishes of mentally ill nursing home residents, their care may be compromised and could even lead to abuse or neglect.