The Truck & Auto Accident Issue by Law Offices of Richard J. Serpe, PC

$120 Over $120 million in

recoveries.

25 Y. 25 Years of practice

experience

Issue 1.03 Official Magazine of Law Offices of Richard J. Serpe, PC

The Truck and Auto Accident

Newsletter

serpefirm.com

Why does a drunk driver refuse a

Breathalyzer test? I was hit by a drunk driver, how does

this affect my case?

You Need Emily!5 Reasons to Get Legal

Help IMMEDIATELY After a Truck Accident

Distracted DrivingYour Car’s “Black

Box” may hold the secret to winning

your catastrophic collision case

Youthful Drivers

In ThIs Issue

Newsletter-vorne_v01.indd 1 18.12.2013 23:20:47

02 \\ The Truck and Auto Accident Newsletter | Law Offices of Richard J. Serpe, PC

I recently represented a person who was injured when a drunk driver hit his vehicle. My client was leaving the gym after a workout in Chesapeake, Virginia, when another driver drove up on the sidewalk and struck him as he was walking to his car. My client suffered serious injuries to his lower leg. As it turns out, the driver of the vehicle was drunk and was found to have a BAC (blood alcohol content) of .17, over two times the legal limit. In Virginia, if the defendant has blood alcohol content higher than .15, the plaintiff can ask for punitive damages. Punitive damages are intended to punish. Therefore, they are typically much higher than regular dam-ages and this scares insurance companies who provide coverage to drunk drivers.

Why does a drunk driver refuse a Breathalyzer test? I was hit by a drunk driver, how does this affect my case?

So what happens when a defendant refuses to take a Breathalyzer? Most drivers who are arrested for driving under the influence refuse the test because they think they will get off the charges if there is no actual proof of their blood alcohol level. They are wrong. In Virginia, if you refuse to take the test, your license must automatically be sus-pended for 1 year. When you sign the back of your driver’s license you consent to take the breathlyzer if you are pulled

over for suspected drunk driving. Also, despite the lack of the actual blood alcohol content, the Judge can look to other evidence to establish intoxication.

Just because the drunk driver who hit you refused the breath-lyzer doesn’t mean we can’t prove they were intoxicated. As experienced personal injury lawyers, our firm knows that we must schedule a court re-porter to attend the hearing on the DUI charge. The reason we

do that is to make sure to have a record of what the defendant says at the hearing. Sometimes the statements made by the defendant can be helpful in a later trial of the personal injury case. For example, if the defendant refused a breath-lyzer but at the hearing states that he consumed 10 drinks in a 2 hour period; we can later hire an expert toxicologist to establish what the BAC was at the time of the wreck and still seek punitive damages.

If you were injured by a drunk driver, don’t waste time. It could cost you.

You Need emilY!

medical bills. This is the point when you need Emily.Here’s the deal. Virginia has two courts accessible to plaintiffs to pursue their auto wreck case. The Circuit Court is the higher level court which can hear cases for any amount. This Court takes longer to give you a trial date, costs more money and requires that any medical witnesses appear live, which costs you even more money. The lower court, General District Court, or as I call it GDC, allows plaintiffs to sue for up to $25,000.00. On a related note, Virginia requires that all drivers carry a mini-mum insurance policy on their vehicles. The amount required by Virginia law is $25,000.00. So, the cases which involve soft tissue injuries and medical bills between $3,000.00 - $8,000.00

can be tried quickly and cheaply in GDC. All you need is Emily.I love GDC. I have so many clients who feel vindicated once they have their day in court. The beauty of GDC is that I can give my clients their day in court without all the extra time and cost involved in Circuit Court. If you are feeling frustrated by the insurance adjuster handling your claim, all you need is Emily. Call me. I am happy to help you get your day in court.

DIsclaImer

Please understand that all cas-es are different and the results of one case cannot be used as an indication of what our firm may obtain for a similar case.

Have you been in a car wreck and feel you are getting the run

around from the insurance company? No matter what they tell you on T.V., you are never in good hands with the insurance company.

I get calls every day from po-tential clients who are incred-ibly frustrated. It’s not enough that they were in a car wreck that was not their fault. It’s not enough that they are in pain every day and having trouble working. Now the insurance company has offered a low ball settlement that barely covers

Alex - car accindents newsletter.indd 2 18.12.2013 23:19:24

// 03

Truck injury and death cases demand immediate attention – more so than any other type of case we handle. Because of the severe injuries suffered by truck accident victims, trucking companies and their insurance compa-nies have ‘rapid response’ teams on stand-by to fly in and sanitize their lia-bility to an extraordinary extent. To level the play-ing field, truck accident victims should act quickly to hire an experienced lawyer to secure critical evidence including these five important steps:

5 ReasoNs to Get leGal Help immediatelY afteR a tRuck accideNt

tHe dRiVeR’s loG BookTrucking companies are highly regulated and are required under Federal Law to keep detailed records on the hours behind the wheel, and obtaining mandatory rest. Truck driver fatigue is a major source of truck accidents. Obtaining the Driver’s log book, and comparing these records to other time stamped records (tolls, weigh stations, credit card charges) can solidify a winning case.

CAUTION: a driver is only required to keep his log book for 7 days.

tRuck iNspectioNEarly legal help can force the trucking company to turn over the truck for a detailed inspection by a highly qualified engineer BEFORE the trucking company does “routine” service and obliterates critical evidence that can prove your case (such as poorly adjusted brakes, and improperly loaded and balanced trailers).Securing the black box data (see article in this issue) is also critical before it is overwritten.

site iNspectioNFollowing a serious truck accident, a detailed survey of the accident scene provides crucial evidence to support the victim’s case. In addition to the location and length of skid marks, gouges in roadway surface and guardrails serve as “witness marks” which can prove a truck driver’s excessive speed, failure to main-tain a proper lookout, or failure to maintain adequate equipment. Conducting the inspection immedi-ately preserves the evidence before the weather, or aggressive truck company investigator, removes the evidence.

Gps compaNY RecoRdsMany truck companies utilize GPS to track their vehicles, and record critical trip data in temporary files during the truck’s trip. This data can be used to audit the hours of service, speed and other driving factors that can contribute to accidents. This data must be preserved before it is overwritten. Promptly hiring a lawyer to force the preservation of this evidence can make or break your case.

old fasHioN leG WoRkThe search for witnesses to truck accidents requires immediate door-to-door work in some truck accident settings. These interviews often turn up security tapes that includes the accident scene in the field of view. Once again, securing the tapes before they are overwritten is critical. Identifying all eye witnesses requires hard work, but can yield critical testimony to back up your side of the story and make the difference be-tween winning and losing your serious truck accident case.

For more information on Virginia Truck Accidents Visit: www.Virginiatruckaccidentlawyer.org

in crashes involving fatalities and other catastrophic injuries, local and state police conduct superb investigations. Getting legal help immediately allows your lawyer to determine how to best work with the investigation.

did You kNoW


04 \\ The Truck and Auto Accident Newsletter | Law Offices of Richard J. Serpe, PC

Distracted driving, wherein a motorist is not giving his or her

full attention to the road, is a serious problem in the United States today—with the proliferation of cell phones, smartphones and digital on-board map devices and media centers, drivers are more at risk than ever for taking their concentration away from the road and onto some-thing else.

The National Highway Traffic Safety Administration pro-vides the startling statistics on distracted driving. Over ten percent of drivers under twen-ty years old were reported as distracted after being involved in fatal crashes; over one-fifth of this group of drivers was distracted due to the use of a cell phone at the time. That’s

distRacted dRiViNG

These are extremely troubling numbers. It can take only a second of distracted driving to cause a devastating accident; on top of that, teens are the least experienced of all drivers, so their full concentration on the road is even more critical. Everyone’s life is endangered when a motorist drives while distracted---the motorists themselves, their passengers, other drivers, and bystanders and pedestrians.

Thankfully, many states are passing laws forbidding texting while driving. Virginia recent-ly passed a law that makes texting and driving a primary offense; this law has resulted in three hundred driving-and-tex-ting tickets being issued. This is still a serious problem within Virginia and nationwide. Leg-islators are right to pass laws that prohibit this dangerous and reckless practice and pun-ish those who engage in it.

not surprising, for during the daytime in America, 660,000 drivers are using a cell phone or other electronic device at any given moment. 25% of teenagers respond to one or more text messages every time they get behind the wheel; many report having very long and involved text conversa-tions during these times.

There is also the problem of commercial vehicle operators texting while driving. Because many commercial motorists are transporting hazardous materials, the Federal Motor Carrier Safety and Hazardous Materials Safety Administra-tions have passed strict rules against commercial motor vehicle (CMV) operators using their phones to text while driving. CMV drivers are twen-ty-three times more likely to crash a vehicle while texting and driving than are “normal” drivers.

3 main types of distraction

During the day-time in America, 660,000 drivers are using a cell phone or other electronic de-vice at any given moment. 25% of teenagers respond to one or more text messages every time they get be-hind the wheel; many report hav-ing very long and involved text con-versations during these times.

visual taking your eyes off the road

manualtaking your hands off the wheel

cognitivetaking your mind off what you are doing


// 05

At the tender age of 16 years and 3 months, Virginia residents are eligible to obtain a driver’s license. Think of all the things you would not trust a 16 year-old to do, then consider the fact that your life is basically in their hands when you are sharing the roadway. If experience is the best teacher, then these youngsters are truly unschooled. For this reason, it is not surprising that about 1-in-5 (http://www.geico.com/in-formation/safety/auto/teendriving/statistics/) 16 year-olds is involved in a collision in their first year as a licensed driver. Also, approximately two-thirds of teen passenger deaths are in vehicles driven by other teenagers. Finally, a 16 year-old is 20 times more likely to die in a car accident than an adult.

YoutHful dRiVeRs

YouR caR’s

“Black Box” maY Hold tHe secRet to WiNNiNG YouR catastRopHic collisioN case

important evidence can and will be lost, resulting in courts imposing severe sanctions in-cluding dismissal of your case. On the other hand, if you do not move quickly to secure the data, the defendant may sell their vehicle for scrap and the black box is lost forever.

Downloading black box data has been extremely useful in our traumatic brain injury (TBI) cases. TBI victims frequently have no recollection of the events leading up to the accident. Therefore, they are unable to comment on issues such as speed or sudden emer-gency. In one recent case for a client who was rear-ended by a tractor-trailer, black box data established the truck’s excessive speed, and the fail-ure of the truck driver to touch the brake pedal until seconds before impact despite a clear line of sight.

Following a catastrophic accident, our firm strongly considers the possibility of “downloading” the data from the black box of both our client’s and the defendant driver’s automobile. This data can confirm our client’s version of the accident, including the speed of the vehicles prior to impact, as well as a host of other factors such as the amount of time pre-impact that the defendant finally applied their brakes, seatbelt status, and data on airbags deployment. This information can make or break a case, and is especially important when one, or both, drivers are killed in the collision.

Extreme care must be exer-cised in conducting this type of investigation. Qualified experts with the best instruments and latest software must be select-ed. If the download is botched,

The majority of automobiles manufactured in the last five years contain a sophisticated “black box” that monitors and stores information about events that take place immedi-ately before, during and after a collision. These devices live in the same portion of the car’s computer that houses the airbag controller. Understanding how these black boxes can be used to support your case, and how to defend against misuse of their data often becomes critical to winning or losing major injury cases.

Statistics such as these are the reason insurance rates are so much higher for young drivers. They are simply a greater danger than their older, more experienced counterparts. Parents must rise to meet this challenge by implementing rules for these young, new drivers. Below is a list of components that make up safe driving practices. These are effective guidelines parents should enforce, including when their young adult is learning to drive:

Zero tolerance for drugs and alcohol

Never use a cell phone – hands held or hands free - while driving

Zero passengers under age 18 until driver is age 18

Seat belts are to be worn by all passengers at all times

Nighttime driving limits – no driving after 10:00 p.m. for the first six months

Along with these provisions, parents should make a com-mitted effort to avoid demon-strating poor driving behavior while travelling with children.

Should you ever find yourself involved in an accident with a youthful driver, there are cer-tain actions you want to take immediately, if you are able:

Glance in their vehicle; you are looking for signs of distracted driving. Was this person texting while driving? Updating their Facebook status? Eating a hot-dog? Applying makeup?

Scan for evidence of alcohol or drug use.

If there are other persons in the vehicle, record names and ages.


SettlementS & CaSeS of IntereSt

$500,000.00settlement for a woman who

sustained injuries after being hit by a truck in

Isle of Wight County.

$450,000.00settlement for injured motor-

cyclist that was hit by another vehicle in King and

Queen County, Virginia.

$400,000.00settlement in Eastern Shore hit

and run bicycle accident

DISClaImerAll cases are different and the results of one

case cannot be used as an indication of what our firm may obtain for a similar case.

06\\ The Truck and Auto Accident Newsletter | Law Offices of Richard J. Serpe, PC

580 East Main StreetSuite 310

Norfolk, VA 23510

[email protected]

Phone 757.233.0009

Toll-Free 877.544.5323

580 East Main Street, Suite 310, Norfolk, VA 23510

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The Truck & Auto Accident Issue by Law Offices of Richard J. Serpe, PC