Law Offices of Howard & HowardFindLaw IM Template2025-03-31T11:39:27Zhttps://www.hhlawva.com/feed/atom/WordPress/wp-content/uploads/sites/1100624/2023/03/cropped-favicon-n-32x32.pngOn Behalf of Law Offices of Howard & Howard<![CDATA[Proving negligence in a slip-and-fall accident]]>https://www.hhlawva.com/?p=599222024-07-29T18:47:12Z2024-08-12T18:38:51Z Many serious injuries are caused by slipping and falling due to a dangerous condition on someone else’s property. Business and property owners in Virgnia have a legal duty to make sure their premises are safe for customers and clients.
Slip-and-fall accidents are more common than you may believe. According to the National Floor Safety Institute, more than 1 million emergency room visits each year are caused by slip and fall accidents.
You have a right to compensation if you are injured in a slip and fall accident that was caused by a property owner’s negligence.
Did the property owner know about the danger?
Proving negligence requires showing that the property owner failed in their legal duty to ensure their property was safe from dangerous conditions. Successfully proving negligence also requires showing the property owner knew about the dangerous condition and did not respond to it or their response was unreasonable.
For example, if you slip and fall due to a puddle on the floor of a grocery store, but evidence shows that the puddle had just occurred a minute or two ago and no grocery store employee had known about it yet, proving negligence might be difficult.
How contributory negligence could impact your result
Virginia follows a strict contributory negligence rule. This means the defendant must bear 100% of the fault for the accident. To prevail on a negligence claim, you must show that you did not contribute to the accident through your own negligence.
In the above example of the accident in the grocery store, imagine there was a large sign next to the puddle warning about the dangerous condition and advising customers to avoid the area. If you missed the sign and stepped in the puddle anyway, the property owner could argue that your own negligence contributed to the accident.
Negligence is typically determined through assigning a percentage to each side. Even if you were found to be only 1% negligent while the property owner was 99% negligent, this could bar you from recovering compensation altogether.
Therefore, it is crucial to clearly prove the property owner’s negligence to increase your chance of compensation.]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Proving another driver was distracted]]>https://www.hhlawva.com/?p=599202024-07-16T15:33:30Z2024-07-29T14:37:32Zvictim of a distracted driving accident, a major problem you may face is how to prove the other driver was distracted. Gathering evidence of distraction is usually more challenging than evidence of other accident causes, such as intoxication or speeding.
Police report
One of the best ways to prove an accident was caused by distracted driving is to obtain a police report, especially if it shows the other driver was issued a traffic violation for distracted driving.
Virgnia law forbids drivers from driving while using a handheld personal communication device. A driver can receive a traffic violation for distracted driving under this law.
Sometimes a police officer may observe them on their phone. Other times the driver may acknowledge they were on their phone when the accident occurred.
The other driver might admit to certain types of distracted behavior, such as eating, using a navigation system or talking to a passenger.
The police report should contain statements the other driver made about what happened at the time of the accident. These statements could be used as proof of distracted driving.
Photo or video footage
If there is no traffic citation, video or photo footage of the accident could help prove distraction. The footage could show the other driver on their phone or distracted.
You can also talk to eyewitnesses to the accident. If the other driver was distracted, chances are someone else noticed it before the accident, particularly if your accident was in a busy area.
Even one witness’ testimony can be enough to prove distraction, but if the testimony is backed up by another witness, your case gets even stronger.
Finally, sometimes the type of crash could prove distracted driving. For example, many rear end collisions are caused by distracted driving. Take pictures of the accident scene from many angles and positions.]]>On Behalf of Law Offices of Howard & Howard<![CDATA[When do the feds get involved in drug cases?]]>https://www.hhlawva.com/?p=599182024-07-04T13:19:52Z2024-07-15T13:18:38Zcriteria and scenarios that distinguish federal from state jurisdiction.
How drug crimes become federal offenses
A drug crime typically becomes a federal offense under specific conditions. One of the most straightforward scenarios is when an individual is arrested by a federal agent or on federal property. For example, possession or distribution of drugs within national parks, federal buildings or other federally controlled areas automatically falls under federal jurisdiction.
Additionally, if federal law enforcement agencies are involved at any stage of the investigation, the case is likely to be prosecuted at the federal level. This involvement can begin with tips from federal informants or collaborative efforts between local and federal law enforcement agencies.
Types of cases that attract federal attention
Federal criminal cases generally involve offenses that cross state lines or violate federal laws. Drug trafficking, especially operations spanning multiple states or involving large quantities of controlled substances, often triggers federal involvement.
Other significant crimes that may involve federal jurisdiction include terrorism, human trafficking and large-scale fraud or embezzlement. In essence, any drug-related activity that impacts interstate commerce, involves organized crime, or poses a substantial threat to public safety and national security is likely to draw federal scrutiny.
Federal drug laws and policies
Federal drug laws are established and enforced under the authority of the United States Congress. The cornerstone of federal drug legislation is the Controlled Substances Act of 1970. This act classifies drugs into different schedules based on their potential for abuse, medical use and safety.
The Drug Enforcement Administration is the primary agency responsible for enforcing these laws, and they focus on combating drug trafficking and distribution on a national and international scale.
The CSA outlines strict regulations for the manufacturing, distribution and possession of controlled substances. It makes violations severe and often results in harsher penalties compared to state-level offenses.
Conclusion
Federal involvement in drug cases is determined by specific criteria, such as the location of the crime, the scale of the operation and the involvement of federal agencies. Understanding these factors helps clarify the legal landscape and the significant role federal authorities play in combating drug-related crimes.
This knowledge is crucial for individuals facing federal drug charges and navigating the complexities of federal criminal defense. By comprehending when and why federal agents get involved, defendants can better prepare for the challenges of a federal case and work towards an effective defense strategy.
]]>On Behalf of Law Offices of Howard & Howard<![CDATA[DWI arrests can lead to other charges]]>https://www.hhlawva.com/?p=599162024-06-25T16:01:24Z2024-06-28T15:58:20ZRecent case
A recent arrest in Fauquier County has led to the arrest of a Stafford man and has resulted in several other charges being lodged against the man.
Perhaps the most shocking charge is the allegation that the defendant is now facing his eighth DUI charge in the last eight years. If convicted, the defendant would have been convicted of a DUI three times in the past 10 years.
According to news reports, the arresting officers were reporting to the scene of a minor traffic accident involving a Fauquier County ambulance and a Chevrolet Tahoe. When officers approached the driver of the Tahoe, they detected the smell of alcohol. They found four empty beer cans, and the man admitted to consuming the beer before driving the Tahoe. Officers also found an unaccompanied, unrestrained child in the rear seat.
The officers pulled up the man’s driving record on their on-board computer and discovered that he had been convicted of DUI seven times in the last ten years. The current charge is now his third alleged violation in the last three years. The man was arrested and incarcerated in the Rappahannock County Regional Jail. The child, who was unharmed, was turned over to relatives. In addition to the DUI charge, the man was charged with child endangerment, driving without a license, driving after license revocation in connection with a prior DUI and driving with an unrestrained child in the vehicle.
Increased penalties
A third DUI within a period of 10 years is a felony in Virginia. Media reports of this incident did not state the frequency of his prior convictions, but this driver is plainly facing severe penalties for intoxicated driving plus additional penalties for the related charges. This driver needs expert legal assistance to avoid large fines or a lengthy period of imprisonment.]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Virginia’s harsh contributory negligence rule]]>https://www.hhlawva.com/?p=599142024-06-24T15:37:39Z2024-06-24T15:37:39ZThe elements of negligence
Proving negligence involves four basic elements. You must show that the other driver breached, or failed, in their legal duty to drive safely and as a reasonable person would.
You must then show that their failure to drive safely was the direct cause of your accident. You must present enough evidence to show that the accident would not have happened and you would not have suffered your losses but for their failure.
The final element you must prove is damages. These are the losses you suffered because of the accident. Losses can include medical bills and lost wages.
Most car accident cases are not black and white. They are filled with gray areas involving who or what caused the accident and how much.
Because of this, many states allow personal injury victims to recover compensation in proportion to their own negligence. For example, if you are found to be 50% responsible for the accident, you can only recover 50% of your damages.
What contributory negligence means
However, Virginia’s contributory negligence rule states that you can only recover compensation if you prove the other driver was 100% negligent. If you are found to be even 1% negligent, you could recover nothing at all.
The only exception to this rule is if you are injured on a commo carrier such as a bus or an airplane and the evidence shows the carrier violated a safety code.
This harsh negligence law can majorly impact your personal injury case if you are injured in a car accident. You could lose out on your right to receive any compensation if the other driver can show that you were in some way at fault for the accident.
You should expect the other driver to take advantage of the contributory negligence law in a personal injury action. Putting on an aggressive defense is necessary.
Types of evidence negligence to prove
Collect evidence to support your claim of negligence against the other driver. There are many different types of evidence that you can use, including photographs and videos of the accident scene, witness statements, medical documentation and police reports.
These are common types of evidence. Given that you have so much at stake due to Virginia’s contributory negligence rule, stronger evidence, such as expert reports or opinions, may be necessary to increase your chance of proving your case.
If the other driver accuses you of contributing to the accident, you can use the same types of evidence to tell your side of the story and refute their claims of negligence. Be careful about what you say to police officers at the accident scene, as even minor statements, sch as an apology, could be used against you as evidence of fault.
Although Virginia’s negligence law may make it more challenging to prove negligence, it is not impossible. Acting quickly and being careful about what you say and do after an accident can increase your chance of a successful recovery.]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Virginia takes steps to address speeding problems]]>https://www.hhlawva.com/?p=599122024-06-06T16:14:20Z2024-06-13T16:12:43Ztrying a new tactic. Still, it is wise to be prepared if a speeding accident causes injuries and death.
Change to the law will let localities adjust speed limits for safety
A bill recently signed by Gov. Glenn Youngkin will let local areas decide on speed limits and be able to reduce them accordingly to make them safer. In the past, the state was responsible for making the determination as to what the speed limits could be.
The primary reason is the increasing dangers faced by pedestrians. In some areas, the speed can be reduced to as low as 15 mph if it is a state-owned highway when they are also used for commercial and residential locations.
Experts from AAA applauded the decision saying that it lets the community determine what is the best strategy to lower the risk of accidents because of speeding. The numbers back up the fear that speeding is a major catalyst for fatal collisions.
In Virginia, nearly 50% of all fatal crashes cite speed as a factor. This is particularly problematic if the accident involves a pedestrian. The faster a vehicle is traveling, the more severe the outcome of an accident. If a vehicle is traveling at 42 mph, the chance of a fatality is at 50%. At 20 mph lower, it is 10%.
Accident victims should know their rights
Given the prevalence of speeding accidents, it is understandable that lawmakers are taking steps to try and reduce them. The changes could spark improvements and prevent some car accidents. However, even with a lower speed limit, many drivers will flout the law as they currently do. People who have been hurt or lost a loved one in an accident must know what can be done to hold speeding drivers accountable and recover for personal, physical, emotional and financial loss.]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Traffic offenses and misdemeanor or felony charges]]>https://www.hhlawva.com/?p=599092024-05-27T11:53:35Z2024-05-30T11:52:51Zserious traffic offense understand their options for a defense.
Serious traffic offenses
In most cases, a traffic offense will tip the scale towards a misdemeanor or felony charge when the motorist causes injury to a person, caused damage to property or created a real threat of injury to a person or damage to property. When a motorist runs a red light or a stop sign, this is often charged as a misdemeanor. However, if the motorist hit a vehicle, cyclist or pedestrian in the course of this traffic offense, it is likely to become a felony.
There are some traffic offenses that are automatically charged as a misdemeanor or felony, resulting in fines, jail time or both. Those charged as a misdemeanor traffic violation include driving under the influence of alcohol or drugs, hit-and-run, driving without a valid driver’s license, driving without insurance and reckless driving.
For felony traffic offenses, these are more serious offenses or subsequent conviction of a misdemeanor traffic offense. Examples include repeat DUI or DWI convictions, hit-and-run accidents involving injuries and vehicular homicide.
Defense options
Like other criminal charges, the details of the charge are important when establishing the best defense possible. Thus, it is important to consider a full perspective of the arrest and charge, as this could reveal errors and mistakes made by law enforcement.
In addition to assessing your defense options, it is important to consider how the charge could immediately impact you. Your driving privileges could be compromised, due to a driver’s license suspension or revocation. A conviction could also mean mandatory classes, an increase in auto insurance and even jail time.
The situation can feel overwhelming. But you are not alone in this matter. A legal professional can ensure you understand the charges, what defense options you have and the potential outcomes.
]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Auto insurance mandatory in Virginia starting July 2024]]>https://www.hhlawva.com/?p=599052024-05-10T08:13:53Z2024-05-15T08:09:34Zexisting rules, a vehicle owner must either have minimum insurance as defined in Virginia Code 46.2-472 or pay the Uninsured Motor Vehicle (UMV) fee. The UMV fee, which started at $15 in the 1950s, is $500 per car per year at present.
Here, it is important to note that the UMV fee does not provide any insurance coverage and any liability arising from an accident is the vehicle owner’s responsibility. The UMV fee that is paid is deposited in a special fund known as the Uninsured Motorists Fund, which helps the state reduce the cost of insurance coverage for uninsured motorists.
New laws coming into effect soon
Last year, lawmakers passed Senate Bill 951 and it comes into effect in July this year. According to SB 951, by July 1, all vehicle owners in the state must have at least the minimum insurance coverage for them to be able to register a car. In the event of failure to comply with this law within one month, a vehicle owner’s license will be suspended.
The minimum liability insurance limits are also set to increase. Up to December 2024, minimum liability requirements are $30,000 for injury or death of one person, $50,000 for injury or death of two or more persons, and $20,000 for property damage. From January 2025, the amounts will be $50,000, $100,000 and $25,000, respectively.
What does it mean for crash victims?
According to the consumer advocacy group Insurance Information Institute, about 12 percent drivers in Virginia were uninsured in 2022. However, the costs of buying insurance can pose a challenge to prompt compliance as average car insurance prices increased by 22 percent since March 2023, per data from the Bureau of Labor Statistics.
That said, liability insurance can go a long way in helping car accident victims in the event of a crash where the other party was at fault. Compensation from uninsured drivers, even after taking them to court, could be a long and uncertain battle, especially when someone is already dealing with pain and suffering and financial losses. With minimum liability insurance now mandatory, one may hope that things will be better for car accident victims and their families.
]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Will a “motion to suppress” be part of your defense strategy?]]>https://www.hhlawva.com/?p=598962024-04-29T08:14:38Z2024-05-06T08:13:43Zmotion to suppress” by criminal defendants.
Motion to suppress overview
So, will a motion to suppress be part of your defense strategy? As with most legal questions, the immediate answer to that question is likely to be “it depends.” A motion to suppress is a filing with the court that alleges that certain evidence that the prosecution plans to use in the case should not be allowed to be presented. It short, it is a motion to get certain evidence “thrown out.” But why?
A motion to suppress is usually based on an allegation by a defendant of the violation of certain constitutional or statutory rights by law enforcement or the prosecution. For example, the Fourth Amendment protects defendants from “unreasonable search and seizure.”
In practical effect, if a law enforcement official uncovers potential evidence through an illegal search or seizure, this could mean that the evidence cannot be used in the criminal prosecution of the defendant.
Or, if, for example, a defendant makes some kind of confession without having been made aware of the right to remain silent, that could also be the basis for a motion to suppress.
When facing a criminal charge, defendants must consider all of their options. Pre-trial motions like a motion to suppress could be a path toward weakening the prosecution’s case – or getting it dismissed altogether.
]]>On Behalf of Law Offices of Howard & Howard<![CDATA[Four tips for gathering photographic evidence after a car accident]]>https://www.hhlawva.com/?p=598942024-04-23T16:11:17Z2024-04-23T16:11:17ZWhy photographic evidence matters
The saying “a picture is worth a thousand words” is certainly true in the personal injury context. If you have photographs of the accident scene and your injuries, then you’re going to paint a more compelling picture for the judge and jury. These pictures can also help you capture detail that’s difficult to explain in words, or that you might’ve otherwise miss. So, gathering photographic evidence could be crucial in your case.
Not all photos are created equal. And bad pictures can stymie your case, making it difficult to prove what you’re trying to show. Therefore, if you or someone you trust is going to take pictures to support your case, then you should consider doing the following:
Capturing multiple angles: There’s no such thing as taking too many pictures of your accident. In fact, by taking pictures from different angles and taking some with and without flash, you can be sure that you’ve captured every aspect of the crash. Then you can go through those pictures and pick the ones that are going to be most helpful to your case.
Taking pictures of the area surrounding the accident scene: While you’ll want to take pictures of damage caused to the cars involved in the accident, you’ll also want to capture the area surrounding the wreck. This includes intersections, traffic signs, and road conditions. These pictures can help you contextualize the accident so that you can lay a foundation for key issues like the applicable speed limit and whether there were any stop signs that were implicated.
Taking progressive photographs of your injuries: It might feel gruesome to take pictures of your injuries, but you want the jury to have an emotional reaction to the harm that’s been caused to you. It can also be helpful to take pictures of your injuries as they start to heal so that the jury can understand the long and painful recovery process you’ve been forced to endure. This evidence can help support your non-economic damages claim, such as those tied to pain and suffering and lost enjoyment of life.
Photographing witness contact information: In the immediate aftermath of your wreck, your body is going to be coursing with adrenaline. As a result, you might make an error in transcribing witness contact information. But by having them write it down and taking a picture of it, you eliminate your error out of the equation.
Build the holistic personal injury case you need
Your financial future and your physical and mental recovery are on the line when you pursue a personal injury case. Therefore, you’ll want to be as thorough as possible when building your case. The process can be stressful, but don’t let that deter you from taking legal action.]]>