Civil rights suit filed over fatal Las Vegas police car accident

By Steve Green (contact)

Tuesday, Jan. 31, 2012 | 3:51 p.m.

A new round of litigation alleging civil rights violations is under way over a fatal 2007 accident involving a Las Vegas police patrol car.

Raymond Yeghiazarian, 47, died after his car and a Las Vegas Metropolitan Police Department vehicle collided in the intersection of Fort Apache Road and Sahara Avenue on July 4, 2007, at 11:04 p.m.

Yeghiazarian’s family filed a wrongful death lawsuit, and a Clark County District Court jury last summer awarded the family $2 million in damages, while at the same time finding Yeghiazarian was 25 percent at fault in the wreck.

The Yeghiazarian family’s attorney claimed Metro officer Jared Wicks â€" who survived the wreck â€" was at fault because he was driving too fast while chasing a van for a traffic violation without the use of his emergency warning lights or siren.

But Metro Police attorneys said Yeghiazarian caused the accident when he tried to make a left turn in his Toyota Corolla in front of Wicks’ Ford Crown Victoria Police Interceptor.

District Judge Jerry Wiese reduced the $2 million verdict to $250,000 because of a state law limiting damages against municipalities.

He also awarded the attorney for the Yeghiazarian family, Marc Saggese of the Las Vegas law firm Cristalli and Saggese Ltd., $9,631 in costs and $88,104 in fees based on his billing rate of $400 per hour.

The police department has now appealed the case to the Nevada Supreme Court.

Its attorneys at the Las Vegas law firm Marquis Aurbach Coffing believe Wiese erred by refusing to allow the admission of evidence about Yeghiazarian’s consumption of alcohol before the wreck, “thus substantially affecting LVMPD’s rights at trial.”

They also are arguing Wiese shouldn’t have allowed a certain expert to testify and shouldn’t have awarded attorney’s fees and costs to Yeghiazarian’s attorney.

They also believe Wiese didn’t calculate the damages correctly given the jury finding Yeghiazarian was 25 percent at fault.

Wiese, in his order denying the police department a new trial, said Yeghiazarian’s blood-alcohol level was measured 0.049 percent.

“The defendants had no expert who was going to be able to testify that Mr. Yeghiazarian’s blood-alcohol content was sufficient to have affected his driving abilities or his perception/reaction time,” Wiese wrote in his ruling.

Wiese wrote that the blood-alcohol content information was irrelevant “and that the probative value was substantially outweighed by the danger of unfair prejudice and confusion of the jury.”

With a state Supreme Court decision on the police appeal likely many months or even years away, Saggese filed a new lawsuit against the police department on Monday, this time in federal court and alleging civil rights violations.

The new suit claims the rights of Yeghiazarian’s widow and the couple’s three children were violated when a Metro investigator purposefully failed to complete a reconstruction of the accident by excluding the pre-braking speed of Wicks and by deleting “valuable” black box data from the police cruiser’s Powertrain Control Module, including its speed prior to the wreck.

The new suit also claims Wicks “failed to disclose truthful and accurate information to investigators by purposefully neglecting to mention his excessive speed” and that Metro investigators altered a witness statement that initially was damaging to Wicks.

The suit further alleges that “crucial evidence” was withheld from Yeghiazarian’s family, including non-disclosure of multiple 9-1-1 calls placed to dispatchers by witnesses reporting the details of the collision.

The police department has not yet responded to the new lawsuit, which seeks more than $7.1 million in damages, including compensatory and punitive damages.

Woman killed in Superior car accident was facing prison time

One of the two people killed on a slippery road in Superior was facing prison time after pleading guilty in federal court to charges in a widespread identity theft ring.

Frances Jones, 41, was a passenger in an SUV that collided with another vehicle last Friday. The driver of the SUV, 49-year-old Harry Wilson, was also killed.

The U.S. attorney's office says 12 people were indicted in the plot that defrauded banks and retail businesses, primarily in the Midwest, of more than $2 million. Jones faced up to 32 years in federal prison after pleading guilty to conspiracy to commit bank fraud and aggravated identity theft.

The Duluth News Tribune says the crash is still under investigation by the Douglas County sheriff's office. An accident report says roads were snow-covered and slippery at the time of the crash.

Death of former pastor's wife in 1999 now ruled homicide

LEBANON--â€"

When Arthur Schirmer was arrested last September and charged with killing his wife, Betty Jean, in 2008, and trying to make it look like a car accident, it made people wonder about the circumstances of the death of Schirmer's first wife, Jewel, who died after falling down stairs in 1999. Suspicions aroused, the case was re-opened by the Lebanon County District Attorney's Office..

Now Jewel Schirmer's death is being called a homicide by the Dauphin County coroner. Arthur Schirmer was a pastor in our area; at the Marietta Bainbridge united Methodist Church in Marietta, and at the Bethany United Methodist Church in Lebanon.

While at Bethany, Jewel Schirmer died. At the time, police believed she fell down the steps. Schirmer told them he found her in a pool of blood at the bottom of the stairs.

FOX43 News will have a full report on the story at 6pm.

Original Story: A former pastor with ties to Lancaster and Lebanon Counties is charged with killing his wife and trying to cover it up as a car accident. Pennsylvania State Police say Arthur Burton Schirmer, 62, of Reeders, Pa, killed his wife, Betty Jean Schirmer, in 2008 and tried to make it look like she suffered her injuries in a crash.

On July 15th of 2008, Schirmer reported he lost control of his car trying to avoid a deer and hit a guard rail at a high rate of speed. Betty Schirmer was in the passenger's seat not wearing a seat belt. She died the next day at the Lehigh Valley Hospital as a result of blunt force head trauma. In November of 2008, the case was reopened when there was a suicide at the Reeders United Methodist Church, where Arthur Schirmer was pastor. Police say Schrimer was having an affair with the man's wife, and the man killed himself in Schrimer's office at the church. The man was married to the church secretary.

Further investigation revealed that the crash on July 15th was actually minor, and occurred at speeds between 18-22 mph. Betty Schirmer was bleeding before the car accident. Police executing a search warrant found Betty Schirmer's blood in the garage of the parsonage.

A forensic pathologist and the Lehigh County Coroner determined the crash did not cause the injuries that killed Betty Schirmer. The coroner changed the manner of her death to homicide.

Arthur Schirmer was also a pastor in our area; at the Marietta Bainbridge united Methodist Church in Marietta, and at the Bethany United Methodist Church in Lebanon.

While at Bethany, Schrimer's first wife, Jewel, died. At the time, police believed she fell down the steps. Schirmer told them he found her in a pool of blood at the bottom of the stairs. Now, that case is being re-opened. Lebanon County District Attorney David Arnold says they will re-interview people and take another look at evidence.

Anyone with additional information that would aid the investigation is asked to call State Police at 570-646-2271 or 570-459-3890, or Pocono Township Police at 570-629-7323.

Chicago Car Accident Lawyer Says Driver Error a Concern in Snowy, Icy Conditions

Florida primary day - time for Rudy Giuliani to really break through. Have I got that right?

Family settles lawsuit with CHP over crash photos

(01-30) 20:30 PST Los Angeles, CA (AP) --

The family of an Orange County teen killed in a 2006 car accident has reached a settlement in a lawsuit against the California Highway Patrol over graphic crash photos that were leaked by the agency, the Los Angeles Times reported Monday.

The photos, taken by CHP investigators at the crash site, show 18-year-old Nicole "Nikki" Catsouras maimed and nearly decapitated in her father's mangled Porsche.

Pictures of the gruesome scene, never intended for public release, were leaked by two highway patrol dispatchers and quickly spread online.

"This has been a long journey," Keith Bremer, an attorney for the Ladera Ranch family, told the Times (http://lat.ms/yrymm5). The family, through Bremer, declined to comment Monday.

As part of the settlement, Bremer said the CHP agreed to cooperate with the family in fighting to remove the images that can still be found on the Internet. No other details were revealed.

An Orange County Superior Court judge initially dismissed the family's lawsuit, concluding that the agency had not breached any legal duty to the family. At the time, the law did not recognize the right of family members to sue for invasion of privacy involving photos of the dead.

In 2010, the 4th District Court of Appeal reversed the decision, ruling that surviving family members have a right to sue for invasion of privacy in such cases.

Catsouras crashed after taking her father's car without permission, accelerating to speeds above 100 mph on State Route 241 in south Orange County. She clipped another car and slammed into a toll booth.

The young woman was so badly disfigured her family hadn't been allowed to see her body after the crash, but the photos began proliferating on the Internet, appearing on thousands of websites.

On many of the sites, Catsouras was dubbed "Porsche girl" and mocked as a spoiled rich girl who deserved to die. Anonymous taunting messages were also sent to the family's home.

Over the years, the family has gone through extended efforts to find ways to remove the photos. But as soon as the images were taken down on some sites, they would sprout up elsewhere.

In a statement from their attorney, the family said it hopes this case will help others who get caught up in such nightmares. And for the Catsouras family, the settlement might finally allow them some closure.

"I think they can finally put this chapter behind them," Bremer told the Times.

___

Information from: Los Angeles Times, www.latimes.com

Pennsylvania Bicycle Accident Lawyer Urges Adoption of ‘Safe Passing’ Law for Cyclists’ Safety

RT @JRBoh: Odd question in re: http://t.co/7nDp9nQk Was the McMahon '10 campaign onto something? http://t.co/XtC35lEH cc: @maggiepolitico

Console & Hollawell P.C. New iPhone App Could Save The Lives of Car Accident Victims

@radical_eddie theyre even nicer and smarter than you think! @pbsgwen @jdickerson @washingtonweek

Charleston Accident Lawyer Says James Island Connector Controversy Should Lead to Greater Bicycle Safety Awareness

Personal injury attorney Ken Harrell of Charleston’s Joye Law Firm says the city needs to focus on making sure that car drivers, bicyclists and pedestrians safely share the road.

North Charleston, S.C. (PRWEB) January 27, 2012

Charleston accident lawyer Ken Harrell today expressed hope that a controversial ban on bicycles on the James Island connector bridge will bring much-needed awareness to the dangers created when cars, bicycles, and pedestrians fail to share the road, although he hopes the city will reconsider the ban.

“The rules of the road and an individual’s duty to the safety of their fellow travelers apply to everyone, including protecting bicyclists and pedestrians,” said Harrell, managing partner at Joye Law Firm, a Charleston personal injury firm that provides legal assistance to people across South Carolina who are injured in bicycle accidents and pedestrian accidents.

“We hope the current spotlight on James Island and the measures that authorities have adopted to avoid bicycle-car and pedestrian-car accidents will create a lasting awareness among motorists throughout South Carolina’s Lowcountry,” he said.

Crossing the limited-access bridge between Charleston and James Island on foot or by bicycle has long been against state law, but thousands of bicyclists have used the bridge since it was constructed.

However, Friday marked the first appearance of signs on the connector that proclaimed the prohibition, the Charleston Post and Courier reported. Violators could pay a $100 fine or spend 30 days in jail, but police say they hope to educate cyclists caught on the bridge and avoid issuing citations.

Questions about cyclists’ use of the bridge were raised last summer when a 54-year-old bicycle rider died after being hit by a van and thrown from the bridge into the marsh below, according to ABC News 4.

During debate among drivers and cycling advocates in the aftermath of the wreck, Charleston officials admitted that neither bicycles nor pedestrians were supposed to be on the span, the TV station said.

Cycling enthusiasts maintain that the James Island connector is safer than alternative routes to the island, and that the ban is likely to result in more collisions between cars and bicycles elsewhere, the station reported.

“We hope for safety’s sake that every driver, rider and walker, no matter where they are, will keep their mind on their surroundings and who or what is using the road alongside them,” Harrell said. “It’s unfortunate that the city has decided to take action to keep bicyclists off of the James Island connector because it’s clearly safer than the other bridges leading into Charleston from James Island and west Ashley. I hope the city will reconsider the ban.”

Harrell and the Joye Law Firm prosecute personal injury and wrongful death lawsuits in cases in which pedestrians and cyclists are injured or killed in wrecks involving automobiles and negligent drivers. Harrell said individuals injured in such accidents or the loved ones of those involved in fatal collisions often face long and costly recoveries in addition to pain and grief.

“Awareness is the key to fewer people being hurt or killed in bicycle-car and pedestrian-car accidents,” Harrell said.

“In the meantime, we at Joye Law remain dedicated to the promotion of traffic safety and to the rights of South Carolinians who are injured when people flout traffic laws and other rules of the road and society.”

About Joye Law Firm

Since 1968, Joye Law Firm has been fighting to help people throughout South Carolina with their legal challenges in a broad range of practice areas, including personal injury, car accidents, birth injury, brain injury, defective products, drug injury, motorcycle accidents, nursing home abuse, Social Security disability, spinal cord injury, traffic tickets, truck accidents, workers’ compensation and wrongful death. The South Carolina law firm has offices in Charleston and Myrtle Beach and assists clients in areas that include Mount Pleasant, Goose Creek, Moncks Corner and Summerville. To learn more, contact the firm by calling (888) 324-3100 or filling out its online form.

###

Ken Harrell
Joye Law Firm
(888) 324-3100
Email Information

No indictment in police/car accident

NEW ULM - A Brown County grand jury heard evidence this week in the fatal July traffic accident involving a New Ulm police officer, and has returned a "no-bill," or no indictment against the officer involved, Officer Matthew Rasmussen.

Steven Collins, the Redwood County Attorney acting as special prosecutor, presented the evidence this week in the July 8, 2011 accident that claimed the lives of Myra Meyer of New Ulm and her son, Brian Wichmann. Collins said in a press release Thursday that the grand jury considered a number of felony and misdemeanor criminal counts, but issued a "no-bill" on each count. The result is that no criminal charges will be filed against Rasmussen by the grand jury.

No further criminal charges are being considered against Rasmussen as a result of the incident, said Collins.

The grand jury result does not affect any potential civil lawsuits stemming from the accident, said Collins.

Meyer was driving on North Garden Street in New Ulm on July 8, with her son a passenger in her car. She was turning left when her car was hit by a New Ulm squad car driven by Rasmussen. Wichmann, 60, died of his injuries after being taken to New Ulm Medical Center after the crash. Meyer, who was 82, died on July 20.

In Response to the Lack of Legal Knowledge, MHK Attorneys Writes New Book to Educate Stroudsburg Car Crash Victims ...

Newt will get around to vets eventually, but is clearly consumed: "We don't need a campaign dominated by trash commercials..."

Victim sues city of Mobile and officer

Updated: Thursday, 26 Jan 2012, 8:33 AM CST
Published : Wednesday, 25 Jan 2012, 9:51 PM CST

MOBILE, Ala. (WALA) - Both the city of Mobile and a Mobile police officer are being sued after a police-involved accident.

Anthony Croomes’ attorney filed suit Monday against Officer Robert Harris and the city after a car accident that left him critically injured.  

“I would not wish it on the worst enemy I had,” Croomes said.

The lawsuit claims that Harris was negligent and caused the accident in May 2011.

Croomes said his medical bills have been piling up ever since and believes, after speaking with his attorney, that legal action was his only option.

“I've asked him two questions. I asked, 'Do you sell out folks? Are you scared of Mobile?' And he said no to both of them,” Croomes said.

He said he now lives with metal plates in his lower back and has difficulty walking, among other injuries.

His lawyer Bryan Murphy said the internal investigation revealed Officer Harris was driving 65mph in a 40 mph zone.

He said the reports show Harris was not responding to an emergency call when he crashed into two different vehicles, injuring five people.  

Witnesses on the scene said that the officer appeared to be speeding to beat a red light.

“It was the officer's fault. If he had been on-call or had a reason I could see it, but it wasn't like that,”  Croomes said.

Croomes’ attorney said there are reasons for suing the officer as well as the city, but wouldn't go into details.

He did however say the $100,000 cap for damages against a municipality played a factor in their decision to also sue Officer Harris.

Authorities said Harris was given an 84 hour suspension, his driving privileges were revoked indefinitely, and he was assigned to a walking beat downtown.

Croomes said his medical expenses could add up to half-a-million dollars, and he needs help.

The police department has not yet commented on the internal investigation.

Murphy said they are waiting for the city and Officer Harris’ answer to the complaint.

Victim sues city and officer

Updated: Wednesday, 25 Jan 2012, 9:51 PM CST
Published : Wednesday, 25 Jan 2012, 9:51 PM CST

MOBILE, Ala. (WALA) - Both the city of Mobile and a Mobile police officer are being sued after a police-involved accident.

Anthony Croomes’ attorney filed suit Monday against Officer Robert Harris and the city after a car accident that left him critically injured.  

“I would not wish it on the worst enemy I had,” Croomes said.

The lawsuit claims that Harris was negligent and caused the accident back in May.

Croomes said his medical bills have been piling up ever since and believes, after speaking with his attorney, that legal action was his only option.

“I've asked him two questions. I asked, 'Do you sell out folks? Are you scared of Mobile?' And he said no to both of them,” Croomes said.

He said he now lives with metal plates in his lower back and has difficulty walking, among other injuries.

His lawyer Bryan Murphy said the internal investigation revealed Officer Harris was driving 65mph in a 40 mph zone.

He said the reports show Harris was not responding to an emergency call when he crashed into two different vehicles, injuring five people.  

Witnesses on the scene said that the officer appeared to be speeding to beat a red light.

“It was the officer's fault. If he had been on-call or had a reason I could see it, but it wasn't like that,”  Croomes said.

Croomes’ attorney said there are reasons for suing the officer as well as the city, but wouldn't go into details.

He did however say the $100,000 cap for damages against a municipality played a factor in their decision to also sue Officer Harris.

Authorities said Harris was given an 84 hour suspension, his driving privileges were revoked indefinitely, and he was assigned to a walking beat downtown.

Croomes’ said his medical expenses could add up to half-a-million dollars, and he needs help.

The police department has not yet commented on the internal investigation.

Murphy said they are waiting for the city and Officer Harris’ answer to the complaint.

Injured car accident victims would be forced to emergency rooms under lawmaker proposal

TALLAHASSEE â€" With the support of Gov. Rick Scott, a plan requiring that all victims injured in auto accidents be treated in emergency rooms continues to gain steam.

The proposed reform to the state's no-fault auto insurance program has already been approved by two House committees and has the backing of the insurance and business industries. During a Wednesday news conference that sometimes resembled a pep rally, Scott encouraged Florida citizens to continue to put pressure on legislators.

"You're tired of scammers taking advantage of you," the governor said. "You're tired of attorneys taking advantage of you. One billion dollars a year. We need to change this."

The news conference was hosted by a coalition of groups that support personal injury protection, or PIP, reform. Several of the roughly 100 people who crowded around to listen to the governor held signs supporting HB 119 and chanted, "Put the brakes on fraud."

The legislation requires people to seek treatment at a hospital within 72 hours of an accident, caps attorneys fees and strikes chiropractors and massage therapists from the list of medical professionals who can perform follow-up care.

The state requires drivers to carry $10,000 of PIP insurance, which helps pay for their medical care and lost wages if they are injured in an accident, regardless of who is at fault. In recent years, fraudulent claims and staged accidents have caused car insurance rates to skyrocket.

But the House proposal isn't the only one that legislators have to chose from.

Another measure backed by Senate President Mike Haridopolos, R-Merritt Island, does not cap attorneys fees but requires long-form accident reports and additional licensing for clinics. It also would create a statewide anti-fraud task force.

The Senate legislation has the support of attorneys, chiropractors and citizens groups. They say the House's emergency room requirement limits patient choice and does nothing to eliminate actual fraud.

Tia Mitchell can be reached at tmitchell@tampabay.com or (850) 224-7263.

Drunk Driving Persists As A Problem, Washington Car Accident Lawyer Says

Indiana Gov Mitch Daniels delivering #GOP response: http://t.co/WZ28VEN6

New York City Car Accident Attorney Hails NYC’s Record Low in Automotive Fatalities

#winning RT @joshrogin: McCain on how he is able to travel all the time: “I’m an Ambien addict.”

Carlton County attorney sued over car crash

On this much, everyone agrees: On Nov. 18, Carlton County Attorney Thom Pertler and Cloquet resident Tracy Vargason were in a minor car accident at Minnesota 33 and Big Lake Road in Cloquet.

No one was hurt, but events after that have spiraled to where Vargason is suing Pertler, claiming he was responsible for the accident and should cover her $1,000 deductible for car repairs, and that what he told his insurance company differs from his initial statement to police.

Meanwhile, the Cloquet Police Department acknowledges its officers should have done more to investigate and document the accident.

"This whole thing is crazy," said Vargason, 43, who works for the Minnesota Department of Revenue in the Sales and Use Tax Department. "It was such a minor accident and it never had to come to this."

Because it's currently in litigation, Pertler said he had no comment on the case, except to say: "It's my position that I was in the right of way."

That's where the disagreement begins.

Vargason said she was heading north on Minnesota 33 when she made a left turn onto Big Lake Road and collided with Pertler, who she claims was making a right turn onto Big Lake Road on a red light.

"When the police asked what happened, I responded that he hit me," Vargason said. "He didn't refute that at all. If he thought I was turning on red, you would think he would say that then. I didn't realize he was going to change his story."

Vargason said that after she submitted her

insurance claims, Pertler's insurance company responded by saying she was at fault for the accident by turning on a red light.

But police reports indicate that Pertler didn't challenge Vargason's assessment of the accident shortly after it occurred. According to one report, an officer wrote Vargason was making a "left turn" on the green arrow when Pertler made a right turn and both tried to enter the same lane at the same time. The officer coded Pertler's turn as being done on a red light.

That report wasn't written until Vargason asked for it on Dec. 5 - two and a half weeks after the accident.

Cloquet Deputy Police Chief Terry Hill acknowledges the delay in writing the report was a mistake.

Accident reports don't have to be written by police unless the damage exceeds $1,000. In the Dec. 5 report, the officer said he "observed very minor damage to both vehicles."

Vargason said the damage to her car exceeded $2,500 because the right-side quarter panel and the fender of her car were smashed in.

"There should have been a report done at that time by the officer," Hill said, adding that officers also should have also taken photos of the damage. "In this case, my officers could have and probably should have asked additional questions at the scene of all parties."

Hill said the mistake was not because of Pertler's position as county attorney and that the officers in fact knew Vargason, too.

"My officers knew both parties when they arrived at the scene," Hill said.

Hill said he told the officers who responded to the accident to write additional reports, which were filed on Jan. 17, two months after the crash.

Officer David Hallback wrote that when he asked about the crash, Pertler said "he was taking his son to hockey practice and he was scooting across the parking lot and the two collided."

Vargason took that to mean Pertler was at fault.

"He was in a rush to get to hockey practice," she said.

But both officers wrote that because there were no witnesses to the crash, they could not determine who was at fault.

Vargason, who said she has known Hallback for several years, said because officers knew her and Pertler it's likely "that they didn't follow all of the steps they should have; they didn't follow the procedures."

"I hate to think (Pertler) got preferential treatment, because that would be a sad commentary on the Cloquet Police Department," Vargason added.

Insurance companies for both sides are in arbitration deciding who was at fault for the accident. Until that's settled, the small-claims lawsuit she filed against Pertler was put on hold Monday by Judge Daniel Kammeyer.

The arbitration is expected to be settled sometime next month, Vargason said.

Personal Injury Law Firm Adds Top Rated Motorcycle Accident LawyerSeed Newsvine

Posted on Tuesday, January 24, 2012

ShareSouthfield, MI LawFuel.com - January 23, 2012 â€" The Michigan personal injury law firm of Buckfire & Buckfire, P.C. is proud to introduce the addition of motorcycle accident attorney, Dondi Vesprini, to their team of already award winning, experienced personal injury lawyers in Michigan!

Michigan Car Accident Law Firm
Partner and car accident lawyer, Daniel L. Buckfire stated, “For over 40 years, our Michigan personal injury law firm has not only earned the trust of our clients, but has a proven track record of winning the highest settlements for accident and injury victims. Our team of attorneys has helped us attain this reputation, and adding Dondi Vesprini to our team will continue to make that statement true. Dondi is an experienced, highly reputable attorney and we are proud to have Dondi join our law firm.”

Dondi Vesprini earned his Bachelor of Arts degree in Psychology from Oakland University in 1996 and his Juris Doctor degree from the University of Detroit Mercy School of Law in 1999 where he was on the Moot Court Board of Directors and a member of the St. Thomas More Society.

He has recovered millions of dollars in verdicts and settlements for his injured clients and specializes in issues affecting motorcyclists such as motorcycle accidents or any type of motor vehicle accident, roadway defect accidents, and Michigan No Fault claims. He also litigates personal injury matters and represents clients in Social Security disability claims. In addition to trial work, he has also argued cases in front of the Michigan Court of Appeals, the Michigan Supreme Court and the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.

Dondi Vesprini’s advocacy extends beyond the court room as he has met with the Governor’s office, legislators and lobbyists regarding legislation affecting injured motorcyclists and non-motorcyclists alike, including the Michigan motorcycle helmet law and current proposed changes to Michigan’s No Fault system.

He is a member of the State Bar of Michigan and Michigan Association for Justice and is on the Board of Directors of ABATE of Michigan (American Bikers Aiming Toward Education). He is a multiple time presenter and speaker at various functions of ABATE of Michigan and the Michigan Confederation of Clubs and has also authored articles published in Midwest Motorcycle magazine.

Prior to joining Buckfire & Buckfire, Dondi worked for 11 years as a trial attorney for the Law Offices of Lawrence S. Katkowsky, P.C., which specialized in motorcycle accidents. Previously, Dondi worked for the Wayne County Prosecutor’s Office for 2 years where he tried felony drug cases and also worked on criminal appeals.

Buckfire & Buckfire, P.C. handles all accident and injury cases, including auto accidents, motorcycle accidents, wrongful death cases, medical malpractice lawsuits, nursing home neglect cases, slip and fall cases, dog bite attack cases, and all other personal injury matters throughout the State of Michigan. Our lawyers for car accidents in Michigan are known for their meticulous case preparation-an approach that results in major verdicts and settlements for their clients.

Buckfire & Buckfire, P.C.
25800 Northwestern Hwy, Ste. 890
Southfield, Michigan

Kater pleads not guilty in DUI fatality

CHARLESTON - A woman pleaded not guilty Tuesday to charges accusing her of being intoxicated when the car she was driving was involved in an accident that killed one of her passengers.

Samantha N. Kater, 23, 6219 N. County Road 1200E, Charleston, is charged with aggravated driving under the influence of alcohol, a felony offense, in connection with the Oct. 29 accident on Illinois Route 16 near the Embarras River. One of her passengers, Katie Marie Floyd, who was also 23, died from head injuries she received in the accident.

No additional information on the accident became available during Tuesday's hearing because Sean Britton, the attorney representing Kater, said she would waive her right to a preliminary hearing on the charges.

At such a hearing, the prosecution presents some evidence, usually police testimony, for a judge to use to decide whether to order a case to trial. No evidence is required if the defendant waives such a hearing, a move that happens in most of Coles County's felony cases.

At Britton's request, Circuit Judge James Glenn didn't schedule Kater's case for trial but instead set a hearing to review the case's status. Britton and Assistant State's Attorney Gabe Siehr agreed to schedule the hearing for Feb. 21. Kater is also charged with traffic offenses, namely failure to reduce speed to avoid an accident, improper lane use, not wearing a seat belt and no proof of insurance.

Kater is free on bond. She'd face the possibility of a prison sentence of three to 14 years if she's convicted of the felony charges, though prison time wouldn't be required.

The felony charges against Kater allege allege that she was legally intoxicated at the time of the accident, specifically that her blood alcohol content was 0.117 percent, above the legal limit of 0.08 percent for driving. The "aggravating" factor that makes the offense a felony is the allegation that the accident resulted in Floyd's death.

According to police accounts at the time of the accident, neither Kater, Floyd nor another passenger, Jordan Pollard, were wearing seat belts at the time of the accident. Floyd was asleep in the back seat of the car and was thrown from it when the vehicle hit a ditch, they said.

Contact Dave Fopay at dfopay@jg-tc.com or 238-6858.

The Latest: Commonwealth's Attorney office to review fatal accident on I-64 shoulder

NORFOLK -- The Norfolk Commonwealth's Attorney will the report on a crash that killed a Portsmouth woman over the weekend, Va. State Police spokeswoman Sgt. Michelle Anaya told WVEC.com.

Charisse Turner, 40, was driving a 1993 BMW westbound on I-64 in Norfolk when her car had a flat tire on Sunday.  Turner pulled over onto the right shoulder. 

According to police, Terry Bragg, 36, of Norfolk pulled his vehicle in front of Turner's to help her.

Turner spoke to Bragg and walked back to her vehicle to get her purse. As she stood by her car, a 1992 Mercury ran off the side of the road, striking Turner and her vehicle.

The Mercury was driven by 47-year-old Johnathan Heuneman of Norfolk, who is now charged with reckless driving.

Turner, who lived in Portsmouth, died later at the hospital.

Police say alcohol was not a factor in the incident.

Victim of Provincetown police car accident recuperating at Seashore Point

Jim Parker, the 61-year old pedestrian who was struck by a police vehicle in front of the police station on Dec. 9, got his wish: he is rehabbing comfortably at Seashore Point following surgery for the fractured knee he suffered in the accident.

“I’m doing okay,” Parker said from his room at the Alden Street complex. “I’m doing physical therapy every day and the knee feels good.”

While at Cape Cod Hospital Parker was concerned that he wouldn’t be able to rehab at Seashore Point because they do not accept Blue Cross Blue Shield for in-patient rehabilitation. He did not want to be cut off from his friends and well-wishers during the long recovery. He credits his case managers at the hospital and at Blue Cross, plus his attorney Chris Snow, for making it happen.

“Someone was pulling some strings to get me here, for which I’m grateful,” he said.

Parker arrived at Seashore Point two days before Christmas and doesn’t know how long he’ll be here. He’s hoping just another couple of weeks. “I’m not complaining,” he commented. “I can’t put weight on it yet, not for another couple of months.”

“It’s very nice,” he said of Seashore Point. “I know six or eight people who work here, and the staff is good. They’re all helpful.” Most importantly, lots of his friends come to visit, many with their dogs.

“It’s better than what I cook,” he said, when asked how the food is. “If God had meant me to cook, she wouldn’t have invented the microwave.”

“It was a little bit of work on our side and his insurer’s side,” said attorney Snow. “It took a lot of maneuvering and negotiation. Given the high profile of the case it would be in their best interest.” Snow said the lesson here is to be persistent. “If you’re a squeaky wheel, they’ll apply the oil.”

Kevin Comick, executive director of Seashore Point, said the residential community and wellness center has a contract with Blue Cross for outpatient rehab, but not in-patient. The certification process to obtain a contract for in-patient rehab costs $10,000, he said. “It’s on our radar to do that this year.”

Many people in town, including town employees, have Blue Cross Blue Shield for their health insurance.

“If someone wants to come here, we work with Blue Cross,” Comick said. “We want to be able to take care of the people out here and we do as much as we can. Sometimes they say yes, sometimes no.” He said it is the same with other insurance programs that Seashore Point doesn’t have contracts with. “Our business office is good at doing it.”

5 News Update: Beverly Accident Investigation

Written by Larry Hallock Thursday, 19 January 2012 20:37

Update on Randolph County Accident Investigation: The Harrison County Prosecuting Attorney's Office will be assigned the case where several firefighters are under investigation for what happened after a car accident on December 17th. The case assignment comes after the Randolph County Prosecuting Attorney recused himself. The Beverly accident is still under investigation from the Elkins State Police. We will bring more updates as they become available.

Murder suspect among inmates hurt in car accident

Despite a transport vehicle accident that sent murder suspect Marshall Jackson to the hospital Thursday morning, a judge said the defendant must be in court for his trial next week even if it means arriving in a wheelchair.

Jackson, 30, was supposed to appear in Oneida County Court Thursday for last-minute preparations before trial, but the defendant never made it because the county sheriff’s transport van he was riding in was rear-ended by another vehicle.

Jackson was among the three inmates taken to St. Elizabeth Medical Center to be treated for neck, knee and back injuries, along with two sheriff’s correction officers, officials said. The van also was carrying 10 jail inmates.

The accident occurred at the corner of Genesee and Elizabeth streets in downtown Utica around 9 a.m., right as Jackson’s defense attorney, Rebecca Wittman, and the prosecutor, Assistant District Attorney Joseph Saba, waited in court for the defendant to show up.

When Judge Michael L. Dwyer got word that Jackson was hospitalized and would not be in court, Dwyer rescheduled the pretrial discussions for Friday or Monday morning.

“Just make sure there are no serious injuries that will delay us,” Dwyer told Wittman, who expects to meet with Jackson this weekend.

Jackson is charged with second-degree murder in connection to the shooting death of 24-year-old Anthony Garner following a May 25 confrontation on James Street. Jury selection is set to begin Monday.

By 2 p.m. Thursday, Jackson and the two other injured inmates â€" Jamie Lotoski and Thomas Ackerman â€" had been released from the hospital and returned to the county jail, where they were being monitored in the infirmary, officials said.

Thomas Trace, 42, of Marcy, was driving a 2005 Toyota south on Genesee Street when he rear-ended the county corrections van, deputies said. Trace was not injured.

The driver of the van, Deputy Robert Wright, was taken to St. Elizabeth with neck injuries, while his partner, Deputy Rodrick Pelton, went to the hospital for evaluation. Both officers were released.

The accident is under investigation and no tickets have been issued yet, deputies said.

Although Wittman doesn’t believe Jackson’s injuries are serious, she said the incident might pose an unexpected setback in her preparation plans on the eve of trial.

“It’s a little unfortunate that when we’re supposed to be in there discussing last-minute issues as far as the trial, he’s at the hospital instead and we’re doing none of the above,” Wittman said. “I just don’t know what the impact might be as far as if he can appear in court on Monday.”

Wittman also questions whether the accident might have aggravated Jackson’s post-traumatic stress disorder, which stems from his combat experience in Iraq and Afghanistan. Although police have not yet offered a motive for the James Street shooting, the defense could raise Jackson’s PTSD as a factor that could have triggered the violent gunfire.

Inmates are transported from the jail to court every day, so a couple of accidents a year is not uncommon, Oneida County Sheriff Robert Maciol said. Because the inmates’ movements are restrained with ankle shackles and wrist handcuffs, Maciol said there is little risk of escape when a vehicle is involved in an accident.

“We quickly deployed people from both the road patrols and the jail, so security of the inmates was never an issue,” Maciol said.

The Tennessee Auto Accident Lawyers at Michael D. Ponce & Associates Alert the Public to a Tennessee Attorney General ...

The Tennessee auto accident attorneys at the law firm of Michael D. Ponce & Associates, whose law firm Web site URL can be found at http://www.poncelaw.com, hereby alert the public to a recent opinion published by the Tennessee Attorney General regarding whether stricter testing and restrictive laws regarding senior drivers in the state would be Constitutional. The opinion stated that these laws would generally be acceptable under the guidelines of the Constitution.

(PRWEB) January 19, 2012

The Tennessee auto accident lawyers at the law firm of Michael D. Ponce & Associates hereby alerts the public of a recent opinion published by the Office of the Attorney General of Tennessee that answered questions regarding the permissibility of passing state laws that would tighten restrictions and regulations regarding senior drivers in the state. The opinion of the Attorney General stated that laws that dealt with additional testing and potential methods for removing driving privileges would be Constitutional and therefore permissible.

Specifically, the Attorney General Opinion cited as Opinion Number 11-80 and published on December 5, 2011, answered five questions regarding whether or not laws that could be passed that dealt with mandating periodic driving exams for senior drivers, modifying these driving tests for senior drivers, requiring a retest of driving skills in the event of an accident or by request of a family member and allowing physicians to report medical information that would make a senior a potential danger behind the wheel.

The Attorney General answered that these laws and these procedures would be Constitutional in nature in his opinion and that these laws could be enacted to promote public safety and in an attempt to lower the number of Tennessee car accidents that occur on an annual basis. While such an opinion is not necessarily legally binding, it was published in an attempt to clarify the legal position of the Attorney General’s Office.

Overall, approximately 1,000 people overall are killed in Tennessee car accidents, and more than 50,000 others are injured. These statistics are also kept by the State of Tennessee and include Tennessee car accidents that occur for any and all reasons and those Tennessee car accidents that involve drivers of all ages.

About Michael D. Ponce & Associates

Michael D. Ponce & Associates, PLLC, whose Web site can be found at the URL of http://www.poncelaw.com, is a law firm comprised of Tennessee personal injury lawyers who have been handling cases on behalf of clients in legal matters including personal injury and negligence, car accidents, motorcycle accidents, trucking accidents, pedestrian accidents, DUI accidents, premises liability, swimming pool accidents, dog bite injuries, bed bug cases, wrongful death and social security disability matters.

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Zulett Chavez
Michael D. Ponce & Associates
888-999-1615
Email Information

Fatality in two-car accident

HELEN OUTLAND

CAPE CARTERET â€" The N.C. Highway Patrol said Tuesday additional charges may be filed in a fatal two-car crash that occurred at 7:50 p.m. Friday, taking the life of Hannah Faye Smith, 21, of Swansboro.

Joshuah Shawn Dodd, 21, of Jacksonville, is charged with failure to yield and pending an investigation and consultation with District Attorney Scott Thomas, more charges could be filed including death by vehicle.

Highway Patrol Trooper Sgt. H. Wilkerson reported that neither alcohol nor drugs were contributing factors in the wreck.

According to Trooper Wilderson, Mr. Dodd was driving a 2002 Mitsubishi east on White Oak Street (State Road 1641), near Piners trailer park, when he failed to stop for the stop sign and attempted to turn the car left onto Highway 58. He pulled into the path of a 2009 Honda Accord driven by Richard Edward Alder, 61, of Mebane, who was heading north on Highway 58.

The patrol said this exposed Ms. Smith, the passenger in the Mitsubishi, to the impact.

Mr. Alder’s vehicle struck the right passenger door of the Mitsubishi, according to Trooper Wilkerson. It then struck the right shoulder of the highway and overturned.

Ms. Smith was transported to Carteret General Hospital in Morehead City and later airlifted to Pitt County Memorial Hospital in Greenville where she died about 10 p.m.

Mr. Dodd was treated and released at Carteret General while Mr. Alder and his wife, Christine Marie Alder, 54, were treated at the scene.

The Mitsubishi, owned by Jeffrey S. Miller of Swansboro, sustained about $10,000 in damages. The Honda, driven by Mr. Alder, sustained about $20,000 in damages, according to authorities.

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Kentucky Car Accident Lawyer Says Driver Error (Not Weather) Causes Crashes

Drivers have a duty to drive reasonably in poor weather conditions such as the snow and ice that hit Kentucky in early January, says Frank M. Jenkins III of Frank Jenkins Law Office.

(PRWEB) January 18, 2012

As a series of accidents in Kentucky in early January showed, inclement weather conditions such as snow and ice can make driving dangerous, said Kentucky car accident lawyer Frank M. Jenkins III.

However, poor weather conditions do not relieve drivers of the duty to drive responsibly, the attorney said.

“Without commenting on these specific accidents, generally speaking, snow and ice do not cause car crashes. Instead, people cause crashes when they fail to adjust their driving to the conditions,” said Jenkins, whose Lexington personal injury firm represents auto accident victims and their families throughout Kentucky in personal injury and wrongful death lawsuits.

“Even when the weather is bad, people owe a duty to others on the road to drive reasonably,” he said. “When they fail to live up to that duty, and it causes another to suffer serious bodily injury as a result, they need to be held legally accountable.”

According to the Lexington Herald-Leader, snow, wind and ice contributed to several chain reaction crashes throughout Kentucky during the week of January 2, including two pileups on Interstate 75 in Grant County that involved more than 70 motor vehicles.

“We don’t know how these accidents occurred, but we do know that the winter months can be very challenging for drivers in Kentucky. Snow storms can decrease visibility and make road conditions extremely slick,” Jenkins said.

“If the weather is bad, stay off the roads. And if you have to drive, take proper measures,” Jenkins said. “For instance, even if the speed limit says 55 mph, you may need to drive slower so that you can maintain control of your vehicle and keep a proper lookout.”

If a person is harmed by a driver who failed to adjust to weather and road conditions, they should consult with a Kentucky auto accident lawyer as soon as possible in order to learn more about their legal rights and options, Jenkins said.

“It’s possible that the at-fault driver’s insurance company will contact you within days â€" maybe even hours â€" after the wreck, and they might try to blame the accident on the weather,” the Lexington attorney said. “The best practice would be to politely decline making any statements until after you’ve discussed your accident with a lawyer.

“An insurance company’s goal will be to pay out as little as possible for any claim. An attorney’s goal, on the other hand, will be to make sure your rights and interests are protected, including the right to receive the full compensation that you deserve.”

About the Frank Jenkins Law Office

The Lexington, Ky., personal injury attorneys of the Frank Jenkins Law Office handle injury and accident cases, including motorcycle accidents, car accidents, truck accidents, wrongful death, workplace accidents, construction accidents and Social Security disability claims. For more information, contact the Frank Jenkins Law Office today at (800) CAR-WRECK, locally at (859) 389-9344 or through the firm’s online contact form.

# # #

Frank M. Jenkins III
Frank Jenkins Law Office
(859) 389-9344
Email Information

No charges filed in December car, pedestrian accident

Tuesday January 17, 2012

Berkshire Eagle Staff

PITTSFIELD -- No criminal charges will be filed against a 24-year-old driver in connection with a December accident that left a city man with severe injuries, according to the driver’s lawyer.

Meredith Nilan’s attorney, Timothy J. Shugrue, said a 2 1/2-hour "full evidentiary hearing" before Assistant Clerk Magistrate Nathan A. Byrnes from the Westfield District Court was held on Thursday.

"There was no probable cause found to go a step further," Shugrue said on Tuesday.

The Pittsfield Police filed applications for criminal complaints in district court against Meredith Nilan, the daughter of Clifford Nilan, who is the chief of probation at Berkshire Superior Court in Pittsfield.

Police planned on charging her with two misdemeanors: leaving the scene of a personal injury accident and negligent operation of a motor vehicle.

According to police, Meredith Nilan, driving her father’s 2001 Subaru Forester, swerved into the other lane and struck Peter Moore while he jogged with his dog on Winesap Road near East Street in Pittsfield on the evening of Dec. 8.

Meredith Nilan told police she was on her way to meet her boyfriend for dinner when she hit either a dog or a deer. She stopped, but didn’t find anything she hit. She then returned home and went out with her father looking for evidence of what she may have hit, but couldn’t find anything, according to her attorney. Clifford

Nilan later called police to report the accident.

Moore, who left the scene after being hit and didn’t seek medical attention until early the next morning, suffered a fractured calf bone and a broken vertebra, a bruised colon, trauma to the left side of his body, a concussion and abrasions "from head to toe."

"It was an accident," Shugrue said, adding that his client "feels bad someone was hurt."

Pittsfield Police Capt. John Mullin declined to comment on the case.

The hearing was held Thursday morning, but show-cause hearings are off-limits to the press and public.

The clerk who heard the case was not familiar with anyone involved, according to Shugrue.

Shugrue said it would be up to a district court judge whether to allow an appeal of not.

"Nothing has been filed as of this [Tuesday] afternoon to my knowledge," said Shugrue. "This should be the end of it."

Decision on charges could come today in fatal car-pedestrian accident in Summit

A Lake City man has been charged with homicide by vehicle in a Dec. 20 accident that killed a 13-year-old girl in Summit Township.

Tyler J. Festa, 19, was arraigned by video by Corry District Judge Brenda Nichols at 8:40 a.m. and was released on $25,000 unsecured bond.

Festa is accused of being behind the wheel of a Chevrolet Cavalier that struck and killed 13-year-old Ashley Clark, and injured 17-year-old Taz Giannelli, as they crossed Perry Highway to catch their school bus on the morning of Dec. 20.

State police also charged Festa with involuntary manslaughter, simple assault, recklessly endangering another person, duty of driver/amber lights flashing, careless driving-unintentional death and reckless driving.

The charges come following a lengthy state police investigation and a review by the Erie County District Attorney's Office of evidence collected in the nearly monthlong investigation.

Return to GoErie.com for updates. See Wednesday's Erie Times-News for more coverage.

Scott J. Corwin, A Professional Law Corporation Settles Two Accident Cases for $500,000 Total

The Los Angeles auto accident law firm of Scott J. Corwin settled two accident cases on behalf of James Caldwell & Lillian Weinberg for a combined $500,000

Los Angeles, CA (PRWEB) January 17, 2012

Los Angeles accident attorney Scott J. Corwin, the principal at the law firm of Scott J. Corwin, A Professional Law Corporation, has obtained a $375,000 out-of-court settlement on behalf of an elderly California woman, Lillian Weinberg, in a pedestrian auto accident case. Attorney Corwin also obtained an out-of-court settlement of $125,000 on behalf of James Caldwell in a car accident case.

Scott J. Corwin represented plaintiff Lillian Weinberg, an 89-year-old retired woman, against defendants, Tony’s Mexican Grill, its owner, and an employee who was driving the owner’s car. According to the original complaint, the plaintiff was walking in a strip mall parking lot after just exiting her friend’s car. She was then struck by a car backing out of a parking space driven by the Tony’s Mexican Grill employee. Ms. Weinberg sustained a torn rotator cuff and remained hospitalized for five days. After negotiations, the $375,000 settlement resolves Ms. Weinberg’s claim against all of the defendants.

According to his complaint, Mr. Caldwell, a 28-year-old waiter, was driving in the #1 lane on the I-5 freeway in Los Angeles when the defendant, who was illegally stopped on the freeway, pulled out in front of Mr. Caldwell, resulting in a rollover collision. Mr. Caldwell suffered a fractured shoulder and underwent arthroscopic surgery because of the defendant’s negligence. Scott J. Corwin obtained a $125,000 settlement on behalf of Mr. Caldwell.

Attorney Scott J. Corwin commented, “I am pleased to help my clients out during their most vulnerable times. It is my pleasure to be able to assist injured California victims when they need it the most so that they can pay for their medical expenses and other losses.”

About Scott J. Corwin, A Professional Law Corporation

Scott J. Corwin is the founder of the Los Angeles, California personal injury law firm Scott J. Corwin, A Professional Law Corporation. Since its founding in 1992, the firm has successfully represented more than two thousand injured victims, with recoveries totaling over $60,000,000.

Scott J. Corwin received his Bachelor of Arts degree UCLA in 1985. He received his Juris Doctorate from the USC Gould School of Law in 1990. Scott J. Corwin serves on the boards of three trial lawyer and consumer attorney organizations: Consumer Attorneys of California (CAOC) since 2006, Consumer Attorneys Association of Los Angeles (CAALA) since 2005, and Western Trial Lawyers (WTLA) since 2010. Mr. Corwin is also a lifetime member of The National Trial Lawyers Association (NTLA), composed of the top 100 trial lawyers from each state. He is one of less than 700 attorneys nationwide who are members of the Multi-Million Dollar Advocates Forum. Mr. Corwin has been honored by being selected as a Southern California SuperLawyer for 2007, 2008, 2009, 2010, 2011, and 2012 by Los Angeles Magazine. Mr. Corwin is also a published author and speaker in the consumer legal field. To see Mr. Corwin’s complete professional resume and bio, please click here.

Attorney Corwin’s firm represents injured victims in Los Angeles, San Bernardino, Riverside, Orange, San Diego, Ventura and Santa Barbara Counties, and throughout the State of California. Attorneys at the law firm of Scott J. Corwin, A Professional Law Corporation offer legal counsel primarily in the following areas of practice:

• Auto Accidents

• Motorcycle Accidents
• Truck Accidents
• Traumatic Brain Injury
• Wrongful Death
• Spinal Cord Injuries

Scott J. Corwin, A Professional Law Corporation, was founded in 1992 by Scott J. Corwin, who has nearly 20 years experience in representing auto, motorcycle, and truck accident victims. For more information about the firm, please go to http://www.sjclaw.com/contact.html or call 310-207-4030.

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Scott J. Corwin
Scott J. Corwin, A Professional Law Corporation
310-207-4030
Email Information

Las Vegas Attorney, Son Killed In Vermont Car Crash

Posted: Jan. 16, 2012 | 3:12 p.m.
Updated: Jan. 16, 2012 | 3:32 p.m.

Veteran Las Vegas attorney Christopher Raleigh, 56, and his 10-year-old son, Travis, were killed in a head-on crash near Bridgewater, Vt., on Sunday.

The both were pronounced dead at the scene, according to police.

Raleigh's wife, Anastasia was one of five other people injured in the accident. She was listed in critical condition with severe head and internal injuries.

The Raleighs' 13-year-old son suffered minor injuries in the crash, according to Vermont State Police. He was listed in good condition.

Neither Christopher nor Anastasia was wearing a seat belt in the two-vehicle accident, police said.

Raleigh was in Vermont for his mother's funeral, according to a source in Las Vegas.

State police say a vehicle driven by 25-year-old Joshua Ouimette of Rutland crossed the center line on U.S. Route 4 in Bridgewater about 12:30 p.m. and crashed into an oncoming sport utility vehicle.

Officials said Ouimette and his passenger, 28-year-old Stephanie Hill of Rutland, suffered severe but non-life threatening injuries. A 6-month-old infant who was in a child safety seat was not injured.

Police said alcohol and drugs do not appear to be a factor in the accident.

Christopher Raleigh was the longtime law partner of Clark County district attorney's office candidate John Hunt.

Born in Rutland on July 20, 1955, Raleigh graduated from the University of Vermont in 1977 and Vermont Law School in 1980. He was admitted to the Nevada Bar in 1982, and according to legal website martindale.com was the senior litigation partner at Raleigh and Hunt, P.C.

Among Raleigh's specialties were personal injury, insurance defense, medical malpractice and railroad defense work.

The Associated Press contributed to this report.

Police investigate fatal 1-car accident

ASHEVILLE, NC (FOX Carolina) -

Asheville Police said they were investigating a fatal single-vehicle collision that happened early Monday morning.

Officers said at 2:13 a.m. Monday they were notified of the accident and due to its severity, additional personnel were called in.

The accident happened on the Interstate 240 eastbound on-ramp to Interstate 40 eastbound near exit 53 in East Asheville.

Police said the driver of a 2011 Hyundai was traveling from I-240 onto I-40 when she left the roadway to the right, traveled up an embankment and overturned, coming to rest on the shoulder of the roadway on its wheels.

The only passenger, Michelle Dawn Crabtree, 30, was killed in the accident, according to police. The driver was taken to Mission Hospital with serious non-life threatening injuries.

The investigation is ongoing, but investigators said that speed and impairment were factors in the crash.

The Buncombe County District Attorney's Office was notified of the crash's circumstances and charges are pending, according to officers.

Copyright 2012 FOX Carolina (Meredith Corporation). All rights reserved.

Plenty of options but no consensus on car insurance reform

TALLAHASSEE â€" What happens after you get into a car accident, and who pays the bills, could be changing.

State lawmakers are wrestling with ways to reform the state's no-fault auto insurance law. The law requires drivers carry $10,000 worth of coverage and forces insurance companies to pay out regardless of who caused the accident.

The system is rife with abuse, lawmakers say â€" an estimated $1 billion in fraud this year.

But there is no simple fix, and several competing proposals are being floated by Republicans in Tallahassee.

One tightens procedures for licensing medical clinics and creates a task force to help stamp out abuse. Another requires car accident victims to seek initial treatment at emergency rooms and limits the type of medical services that are covered. A third measure repeals the law entirely and replaces it with a system where the person who caused the crash pays.

"I'm optimistic that we'll be able to address the issue before we're through here," said Sen. Joe Negron, a Stuart Republican.

He just doesn't know how yet.

Gov. Rick Scott urged action in his State of the State address Tuesday, calling on legislators to pass substantive fixes to the system, called Personal Injury Protection insurance, or PIP. In recent years, similar efforts have been watered down by politics.

Scott backs a House proposal that keeps the requirement of $10,000 in mandatory coverage but makes hospitals the first stop for treatment instead of a family doctor. The House proposal also limits which medical professionals provide follow-up care.

"You know there's other approaches to license providers and all sorts of things," Scott told the Associated Press, "(but) I think that bill is a good bill and I'm very supportive of it."

That measure, introduced by Rep. Jim Boyd, R-Bradenton, passed a subcommittee last week and has the support of the state Office of Insurance Regulation and the Property Casualty Insurers Association of America.

The bill is unpopular with Democrats, however, who say it goes too far and limits personal choice. It's also opposed by trial lawyers who don't like a provision to cap attorney fees and by physicians who believe some of the provisions are too heavy handed.

The opponents generally prefer another idea, sponsored by Negron and state Rep. Ritch Workman, R-Melbourne, that tightens regulations for medical clinics, requires more detailed accident reports and creates a statewide anti-fraud task force.

"Ultimately, the single biggest thing we can do to control fraud is to require a ticket to participate in PIP that is regulated heavily by the state," said attorney Russel Lazega, who represents hospitals and other medical providers.

Neither Negron nor Workman's legislation limits attorney fees. (Negron is a lawyer; Workman is a mortgage broker.)

A cap is an "essential element" that should be contained in any PIP reform package to lower costs, said Donovan Brown of the Property Casualty Insurers.

That organization, along with business groups and lawyers, has also expressed support for PIP repeal efforts, but the idea remains unpopular among medical providers and consumer advocacy groups.

The Florida Hospital Association isn't supporting any specific bill but said eliminating the no-fault insurance system would ultimately affect quality of care. More than a third of emergency room patients have no other health coverage beyond PIP, general counsel Bill Bell said.

Rep. Mike Horner, R-Kissimmee, and Rep. Mack Bernard, D-West Palm Beach, introduced legislation to repeal PIP. They want drivers to carry bodily injury insurance that goes into effect when they hurt someone else in an accident. Forty-eight other states have a similar requirement.

Bill Newton, executive director of the Florida Consumer Action Network, said he doesn't expect the Legislature to go that far.

"It's an election year, so crazy stuff like that is probably not going to happen," he said.

Among all the ideas, one proposal is already being left behind. Sen. Mike Bennett, R-Bradenton, has decided to let the legislation he filed in September die without being heard in any committees and instead will support one of the other proposals on the table, his aide said.

He hasn't decided which one.

Tia Mitchell can be reached at tmitchell@tampabay.com or (850) 224-7263.

Decision on charges pending in crash that killed 13-year-old in Summit

The Erie County District Attorney's Office will take a few more days to decide what charges, if any, will be filed in a Dec. 20 car-pedestrian accident in Summit Township that killed a 13-year-old girl and injured a 17-year-old boy.

A team of Pennsylvania State Police investigators met today with District Attorney Jack Daneri and members of his staff to review evidence in the accident on Perry Highway that killed Ashley Clark as she walked to her school bus.

Daneri said the group met for about two hours to review video of the accident scene, diagrams and calculations provided by the lead accident investigator, and statements made by witnesses to the crash and by the driver, 19-year-old Tyler J. Festa.

The group also discussed Festa's cell-phone records and the results of his toxicology testing, Daneri said.

Daneri said members of his staff then met for about an hour to further discuss the case and to examine the law as it applies in the case.

The lawyers had a "couple of things" that they wanted to clarify, and they asked state police to provide the information. They will also continue discussing the matter and examining the law before a decision on the case is made Monday or Tuesday, Daneri said.

See Saturday's Erie Times-News and GoErie.com for more details.

Chicago Car Accident Lawyer Says More Can Be Done to Reduce Drunk Driving

Chicago, IL (PRWEB) January 13, 2012

Although recently announced Illinois Department of Transportation data shows a steady downward trend in the state’s drunk-driving fatalities, the number of alcohol-related tragedies on the state’s roads remains unacceptably high, said Chicago car accident lawyer Patrick A. Salvi.

“Just this morning, I read in the Chicago Tribune about a 13-year-old boy who was killed in a crash involving an off-duty officer who is alleged to have been impaired at the time of the accident,” Salvi said.

“To me, it’s a reminder that, despite the encouraging statistics released by the DOT, the risk of drunk-driving accidents remains unreasonably high. Reckless drunk drivers continue to inflict tragedy on too many Illinois residents and their families,” he said.

“We need to stay vigilant in passing laws that crack down on intoxicated drivers, in spreading awareness of the dangers of drinking and driving and in using better judgment when we get the behind the wheel.”

Salvi is the managing equity partner of Salvi, Schostok & Pritchard P.C., a leading Chicago personal injury law firm. The firm’s personal injury lawyers have represented scores of car accident victims throughout Chicago and surrounding areas in Cook County and Lake County. Many of the firm’s cases have involved victims who were severely injured or killed by alcohol-impaired drivers.

The statistics released late last month by the Illinois DOT, however, indicate that alcohol-impaired motor vehicle fatalities are gradually declining across the state. According to the DOT, 298 impaired driving deaths occurred in 2010, marking a 33 percent reduction compared to 2006, when 446 people were killed in DUI accidents.

“Certainly, it’s good news that 148 fewer people have died in drunk-driving wrecks than five years ago,” Salvi said, “but the only acceptable number of DUI fatalities is zero.”

Although tough criminal penalties help to combat drunk driving, the civil justice system also plays a crucial role, the Chicago attorney said. Drunk drivers can be held accountable for their actions in personal injury and wrongful death lawsuits.

Although a lawsuit cannot undo a tragedy, it can help victims and their families pay for damages caused by an impaired driver, such as medical expenses, lost wages and the pain and suffering that has been endured, Salvi said.

Under Illinois law, an employer can be held liable for the harm caused by a drunk driver if the driver was an employee who was conducting company business at the time of the wreck, he added.

Also, under what’s commonly called the Illinois “Dram Shop Law,” an establishment that serves alcohol to an intoxicated customer can be sued for any injuries or deaths caused by that customer. In many drunk-driving cases, punitive damages are available. These damages are intended to punish and deter especially reckless conduct, Salvi said.

In many drunk-driving cases, punitive damages are available. These damages are intended to punish and deter especially reckless conduct, Salvi said.

“Our civil justice system in Illinois allows not only drunk drivers to be held responsible but also those who essentially enable the drivers to be on the road, exposing others to the risk of accidents, injuries and death,” he said.

“At our law firm, we will continue to be firmly dedicated to fighting drunk driving and protecting the rights and interests of those whose lives have been turned upside down by intoxicated drivers.”

About Salvi, Schostok & Pritchard P.C.

Salvi, Schostok & Pritchard is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $620 million on behalf of its clients in personal injury and wrongful death cases, including 175 multimillion-dollar verdicts or settlements. For more information, call (312) 372-1227 or use the firm’s online contact form.

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Pennsylvania Car Accident Attorney Supports Ban on Cell Phone Use While Driving

Caroline Munley of Munley, Munley & Cartwright, P.C., calls a proposal to ban using cell phones while behind the wheel a proper follow-up to a new prohibition applied to commercial truck and bus drivers.

Scranton, PA (PRWEB) January 12, 2012

Pennsylvania car accident attorney Caroline Munley today applauded a federal agency’s recommendation for the prohibition of cell phone use by drivers of all personal and commercial vehicles.

The National Transportation Safety Board (NTSB) recommended to the National Highway Traffic Safety Administration in December that all drivers be prohibited from using cell phones and other electronic devices behind the wheel.

The proposal grew from the NTSB’s investigation of a multi-vehicle collision in Missouri in 2010 that was caused by a pickup truck driver who was distracted by a text-messaging conversation. The wreck killed two and injured 38.

“We support the NTSB’s recommendation for a complete ban on cell phone use by drivers of all motor vehicles,” said Munley of the Pennsylvania personal injury firm of Munley, Munley & Cartwright, P.C., which represents victims of car crashes and truck accidents throughout the Northeast.

“The growing trend in Pennsylvania and across the nation of wrongful deaths and injuries caused by distracted driving needs to become a thing of the past,” Munley continued.

“A ban that applies to private drivers makes perfect sense alongside the newly implemented prohibition on using handheld cell phones while operating interstate trucks and buses.”

Munley pointed to a final rule posted by the Federal Motor Carrier Safety Administration that prohibits interstate truck and bus drivers from using handheld cell phones while operating their vehicles. The rule took effect January 3.

Also, in November, Pennsylvania Gov. Tom Corbett signed a statewide ban on text messaging while driving, which goes into effect in early March.

The NTSB said 3,092 Americans died last year in motor vehicle crashes attributed to drivers’ use of cell phones and other distractions.

Munley said her firm, which has investigated thousands of automotive accidents in Scranton and across Pennsylvania as part of personal injury and wrongful death lawsuits, says her firm has increasingly seen accidents attributed to distracted driving.

“We’re glad to see that laws and regulations are beginning to catch up with the need to curb the negligent and reckless practices involved in distracted driving,” she said.

According to Munley, anyone harmed in an accident caused by a distracted driver should contact an experienced Pennsylvania accident attorney.

“Insurance companies can easily take advantage of unsuspecting accident victims after a collision,” Munley said. “That’s why it’s important to seek the assistance of a lawyer who has dealt with insurance companies in accidents involving private vehicles and commercial trucks and buses.”

About Munley, Munley & Cartwright, P.C.

Munley, Munley & Cartwright, P.C., is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, including those injured in accidents that involve speeding, distracted driving, drunk driving, fatigued driving, aggressive driving and careless driving in hazardous weather conditions. The Pennsylvania personal injury law firm’s additional practice areas include trucking accidents, motorcycle accidents, medical malpractice, defective products, toxic chemicals, workplace injuries, nursing home litigation and other serious accidents.

Munley, Munley & Cartwright, P.C., has offices throughout Pennsylvania, including Scranton, Stroudsburg, Carbondale, Plains, Hazleton and Hamlin. To contact the law firm, call (800) 318-LAW1 or use the firm’s online contact form.

###

Marita Paparelli
Munley, Munley & Cartwright, P.C.
(800) 318-5291
Email Information

Funeral held Tuesday for local attorney

jgibbs@acnpapers.com

Funeral services were held Tuesday afternoon in Fort Worth for Southlake attorney Ronald Cary Eddins, 41, who was killed with two other people in a one-car accident in Irving during the early morning hours of Wednesday, Jan. 4.

Irving police said that Eddins and his two passengers, Kenneth Lark, 23, and his girlfriend Kaat Debeuckelaer, 21 died as a result of blunt force trauma when Eddins' four-door Porsche Panamera ran off the road near the intersection of Northwest Highway/Spur 348 and Riverside in Irving and into the canal there.

Lark was a UT graduate and Debeuckelaer was a student down there, according to a report from an Austin TV station.

"Investigators are still looking into this accident," said Irving police officer John Argumaniz, a spokesman for the department. "At this point, we believe speed was a factor in the accident but we are still trying to find out if alcohol played a role in the death of these three individuals."

Argumaniz said that there were no beer cans or any other evidence of alcohol in the Porsche and that it would take two to three weeks before police would have the results of the toxicology tests.

Police said that they don't suspect foul play but investigators are still looking into the circumstances surrounding the accident.

"We don't have a lot of information to release at this time but, what we do know is that Ronald Eddins met Lark and Debeuckelaer at the Hilton Hotel in Southlake. The young couple had gone to a Dallas Stars hockey game and had then gone to the Hilton Hotel, where they met Eddins. From the information that we have gathered, Eddins and the couple did not know each other prior to meeting at the Hilton Hotel."

Then, sometime between midnight and 1 a.m. on Wed., Jan. 4, Eddins, Lark and Debeuckelaer left the Hilton and went to The Men's Club, a strip club at 2340 West Northwest Highway in Dallas.

Argumaniz said that witnesses at the club told police that Eddins, Lark and Debeuckelaer were at The Men's Club from 1 a.m. until about 2:45 a.m.

"A resident close the canal where the accident occurred told investigators that they heard a loud crash about 2:55 a.m. that morning, which is consistent with when investigators think that the accident happened," Argumaniz said.

Some 12 hours later, workers from the Dallas County Water Utilities and Reclamation District discovered Eddins' wrecked Porsche in the canal about 2:40 p.m. as they were performing routine maintenance. They noticed guard rail damage and vehicle debris, Argumaniz said.

"it appears that the car was traveling west on Northwest Highway, just west of Riverside Drive, when it hit a curb, went down the embankment and hit a guard rail that protects the canal," Argumaniz said. "Based on the damage, it appears that speed was a factor, but we can't say that for sure at this point. We still have to do more mapping to see if there were other factors. But the car left the roadway, and it was traveling at a high rate of speed."

Argumaniz said Eddins was the driver of the vehicle and that Debeuckelaer was in the passenger's seat. Lark was apparently ejected from the car.

"We later received that there may have been a third person in the car," Argumaniz said. "So we contacted the Lewisville Fire Department's dive team [Thursday] morning, and we found the third body in the canal."

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Ft. Wright attorney Summe dies in car wreck

FORT WRIGHT â€" The city of Fort Wright is mourning the loss of Pete Summe after Fort Wright’s long-time city attorney died Tuesday night in a one-car accident.

Summe, a California, Ky. resident, was 60.

Fort Wright Mayor Joe Nienaber Jr. canceled Wednesday night’s regularly scheduled Fort Wright City Council meeting after learning of Summe’s death. That meeting has been rescheduled for 6 p.m. Jan. 11.

“We can meet without a city attorney, but we’re not going to go on without a friend,” Nienaber said of the canceled meeting.

In 1971, Summe, at age 21, was the youngest person elected to Fort Wright City Council. The former council member took over as Fort Wright’s city attorney after his sister, Patricia Summe, was elected Kenton Circuit Court judge in 1994. His five siblings also include Kenton County Clerk Gabrielle Summe.

At Wednesday’s Kenton Fiscal Court meeting, county officials said that Pete Summe had an apparent heart attack before he lost control of his car on eastbound Interstate 275 at 8:42 p.m. Tuesday. No one else was injured in the crash.

“Pete was a nice guy who was well known in city government circles,” Kenton Judge-executive Steve Arlinghaus said of the Northern Kentucky native who also was a former Ludlow city attorney and a current deputy master commissioner. “It’s just a real tragedy and a heck of a loss to the community.”

Family members told police that Summe had taken a yoga class Tuesday night and was driving home when the accident occurred.

“Right now, the preliminary investigation points to a medical condition behind the wheel,” said Sgt. Chris Haddle, who’s coordinator of the Kenton County Police Department’s STAR (Serious Traffic Accident Reconstruction) unit. “The evidence indicates that Mr. Summe was not in control of his vehicle at the time of the crash. There was no evasive action taken by Mr. Summe to avoid the collision.”

Haddle said Summe was the only person in his Audi A6 when it crashed on eastbound I-275 between Turkeyfoot Road and Ky. 17. He said the cable barriers kept Summe’s vehicle from crossing I-275’s median into the westbound lane.

(Page 2 of 2)

“His vehicle came to rest across the left hand emergency lane and the left hand travel lane," Haddle said. He added Summe, who was the only person in his car, was wearing his seat belt.

Attorney Garry Edmondson, a Fort Wright resident who was succeeded as Fort Wright city attorney by Patricia Summe, said that he’s known Pete most of his life. He described Pete, who inherited his father’s law practice when he died, as “a wonderful person who was always a gentleman.”

For Fort Wright’s mayor, the loss also was a personal one. Nienaber said that he and Pete “grew up around the Fort Wright city building,” as both of their fathers were involved in city government. Pete’s late father, Joseph, was a former Fort Wright city attorney.

“I like to think of Fort Wright as a bunch of friends that grew into a city,” Nienaber said. “You know pretty much anyone who’s ever been a part of the community. Pete was just a great guy who had a passion for Fort Wright.”

Nienaber said his business phone and the phones at the city building began ringing nonstop Wednesday morning, as word spread of the tragedy.

“I think that’s a testament to how much Pete is missed,” the mayor said.

Fort Wright Police Chief Dan Kreinest grew up next door to the Summe family on Kentucky Drive in Fort Wright.

“Pete was just a real gregarious fellow of exceptional integrity,” said Kreinest, who last saw his friend at lunch Tuesday. “He was a great guy, very unassuming. He would do anything in the world for you.”

Arrangements are pending at Middendorf Funeral Home in Fort Wright.

Defense Attorney: Cop Wasn’t Drunk When He Struck & Killed Teen

Chicago Police Officer Richard Bolling is charged with reckless homicide and aggravated DUI in a crash that killed a 13-year-old bicyclist in 2009. (Credit: Chicago Police Department)

Related tags

13-Year-Old Boy, 81st Street, Accident, Aggravated DUI, Ashland Avenue, bicyclist, Chicago Police officer, Crash, drunk driving, reckless homicide, Richard Bolling, Trenton Booker, trial

CHICAGO (STMW) â€" An off-duty Chicago Police officer charged in a deadly drunken driving accident wasn’t intoxicated and was only trying to avoid the 13-year-old boy riding his bike on the wrong side of Ashland when the officer struck and killed him, the cop’s attorney said at the first day of his trial Tuesday.

Richard Bolling, 42, passed all field sobriety tests before he was given a Breathalyzer test following the May 22, 2009 accident at 81st and Ashland, Tom Needham said in his opening statements.

Bolling has asked “for no special favors” and was in a state of “complete horror, fear and grief” when fellow officers told him Trenton Booker had died, Needham said.

But prosecutors painted a different picture. Before he heard about the fatality, all Bolling cared about was the damage to his Dodge Charger and when he could eat the White Castle meal officers found next to an open bottle of beer in his car, assistant Cook County state’s attorney Ashley Romito said.

Bolling didn’t undergo field sobriety tests until two hours after the accident and he wasn’t given a Breathalyzer test until 4 ½ hours later, Romito said.

His blood alcohol level registered at .079 â€" just a bit shy of the .08 legal intoxication level. Had Bolling been given the test sooner, his blood alcohol level would have been higher, Romito argued.

Bolling, who is expected to take the stand during the trial, admits he consumed a mixed drink and bottle of beer with friends at a South Side bar before the fatal wreck, Needham said.

The officer also grabbed a bottle of beer the bartender had given him on the way out and took a few sips, Needham said.

But Bolling was far from intoxicated when he drove southbound on Ashland, Needham said, saying that the Breathalyzer test was not accurate.

Trenton and a friend were riding their bicycles northbound on the southbound lanes on Ashland when Bolling swerved, trying to avoid hitting them, Needham said.

Bolling kept driving at a high rate of speed after he hit Trenton, sending him airborne like a helicopter, Romito said.

“He should of stopped but he didn’t. He was in a state of shock,” Needham explained.

Trenton’s mother, Barbara Norman, wept as she testified Tuesday that she didn’t know her son had snuck out and was riding his bicycle at 1:30 a.m.

Miles Roberts, who had just left a nearby dance club, said he was irritated to see two boys riding their bicycles on a sidewalk well past curfew.

But what he saw next was even more horrifying.

“I heard a loud thump,” Roberts said, describing the impact between Bolling’s speeding Charger and Trenton’s bicycle.

“I screamed, ‘No!’”

Bolling has been charged with reckless homicide, aggravated DUI and leaving the scene of an accident.

The trial continued Tuesday afternoon.

(Source: Sun-Times Media Wire © Chicago Sun-Times 2012. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Cop wasn’t drunk when he killed bicyclist, 13: attorney

BY RUMMANA HUSSAIN Criminal Courts Reporter rhussain@suntimes.com January 10, 2012 2:50PM

Richard Bolling as he walks through the lobby of the Criminal Courts Building at 26 & California. Tuesday, January 10, 2012. | Brian Jackson~Sun-Times

storyidforme: 23987002
tmspicid: 8830534
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Updated: January 10, 2012 8:58PM

Stephanie Greenlee was sitting in her car talking to a friend outside the South Side nightclub they had just exited when a speeding black Dodge Charger driven by an off-duty Chicago Police officer allegedly struck and killed a teenage bicyclist.

The “muscle car” was barreling down southbound on Ashland so “incredibly fast,” Greenlee, 42, said Tuesday, “I felt my car shake.”

Greenlee, terrified over the sight of 13-year-old Trenton Booker’s body thrown in the air in a “propeller”-like motion, immediately called 911.

Other witnesses said they did the same, rushing to help the bloodied Trenton, who landed behind a parked SUV at the gas station where he filled his bicycle’s flat tire with air minutes before. Some passersby performed cardiopulmonary resuscitation and went to a nearby fire station for help. One distraught woman testified that she took her shoes off and ran down the street to see what happened.

But Richard Bolling, 42, sped off and “didn’t even do so much as hit his brakes” after striking Trenton at the intersection of Ashland and 81st, assistant Cook County state’s attorney Ashley Romito said at the opening of Bolling’s trial.

Defense attorney Thomas Needham conceded that Bolling should have stopped but did not because he was in shock from hitting Trenton, who was pedaling northbound with his friend in the southbound lanes of Ashland in the early morning hours of May 22, 2009.

Bolling has been charged with reckless homicide, aggravated DUI and leaving the scene of an accident.

The married father of two had a mixed drink, a beer and a few sips of another bottle the bartender had given him as he left a South Side tavern before the fatal wreck; however, he was not drunk and passed all field sobriety tests, Needham said.

Bolling cooperated with his colleagues’ instructions upon his arrest and never asked for “special favors,” Needham said, adding that his client was feeling “complete horror, fear and grief” when fellow officers told him Trenton died.

Prosecutors painted a different picture. Before he heard about the fatality, all an emotionless Bolling cared about was the extensive damage to his vehicle and when he could savor the White Castle meal sitting inside, Romito said.

Bolling did not undergo field sobriety tests until two hours after the accident, and he was not given a Breathalyzer test until an Internal Affairs officer came on the scene 4½ hours later, Romito said. Bolling’s blood alcohol level registered at .079 â€" just a bit shy of the .08 legal intoxication level. Had he been given the test sooner, his blood alcohol level would have been higher, Romito argued.

Michael Smith was riding his bicycle with Trenton when Bolling’s car came at them on that morning at 1:30 a.m. The impact of the accident was like “glass hitting the floor,” Smith said matter-of-factly. “I see Trenton in the air. [The bicycle] was in the air too.”

Barbara Norman said that she was out of her house at the time of the accident and had no idea that her son had snuck out. Trenton’s body had been moved from the pavement when she came to the wreck.

Norman later saw his badly injured body at Holy Cross Hospital, she said, crying as she covered her face with her hands.

Virginia Car Accident Lawyer Concerned about Rise in State’s Traffic Deaths

In light of recent stats showing a spike in Virginia car crash fatalities, Charles Cuthbert of Cuthbert Law Offices calls for raising awareness about risky driving practices.

Petersburg, VA (PRWEB) January 10, 2012

Virginia car accident attorney Charles H. Cuthbert Jr. expressed his concern today about recently released statistics showing that the state’s traffic deaths are on the rise.

According to preliminary reports from the Virginia State Police (VSP), 731 people were killed in Virginia car accidents last year, through December 22, 2011, marking an increase of 18 traffic fatalities from that same time a year ago. The VSP has not yet released crash statistics from the 2011 Christmas and New Year’s holiday period.

“In recent years, our state has experienced a marked decrease in traffic deaths, so it disturbs me to see that progress fade,” said Cuthbert, referring to VSP records showing that, after hitting a 10-year peak of 1,026 deaths in 2007, the state’s total number of traffic deaths had trended downward until this past year.

“To me, these recent numbers indicate that traffic safety advocates can never become complacent,” Cuthbert said. “We need to continue to raise awareness about risky driving practices that lead to accidents, injuries and deaths on our roads.”

Cuthbert is a National Board-certified civil litigator whose Virginia personal injury law firm represents car accident victims and their families throughout the state from its offices in Petersburg and Richmond.

His record of results includes a $2.045 million verdict (plus interest) that was the largest ever obtained in Petersburg Circuit Court. (Pulliam v. Coastal Emergency Services, 257 Va. 1, 509 S.E.2d 307 (1999)).

In Cuthbert’s view, Virginia motorists need to be reminded about dangerous driving practices such as:

•     Speeding â€" One can easily lose control of a vehicle and fail to react when driving too fast, especially when road conditions are icy, wet or snowy, Cuthbert said. VSP statistics reveal that 34 percent of statewide traffic deaths in 2010 involved speeding.

•     Fatigued driving â€" People cause accidents when they fall asleep at the wheel or when fatigue has substantially impaired their mental and physical faculties, according to Cuthbert.
•     Distracted driving â€" Citing a series of recent studies, including one released last month by the National Highway Traffic Safety Administration, Cuthbert said it is clear that talking on a cell phone or texting while driving is a highly dangerous activity. He added that both hand-held and hands-free electronic devices take the driver’s attention away from the road and endanger other motorists, motorcyclists and pedestrians.
•     Drunk driving or drugged driving â€" In Cuthbert’s view, there is nothing more reckless than driving while impaired by alcohol or drugs. Since 2000, 346 people have been killed each year in alcohol-related wrecks on Virginia roads, VSP statistics show.

“All of these numbers represent a family member or friend who has been lost due to an accident that could have been prevented,” Cuthbert said. “Each number represents a tragedy.”

If one loses a family member to a car accident caused by another driver’s negligence, that person may be eligible to file a wrongful death lawsuit, Cuthbert said.

According to the Virginia personal injury attorney, wrongful death damages typically include reimbursement for:

•     Medical expenses incurred as a result of the negligence;
•     Lost future income;
•     Property damage;
•     Future services normally provided by the person who has died;
•     Loss of companionship, help and affection from the deceased; and
•     Punitive damages if the negligence was willful or wanton.

“Although no financial recovery can replace a loved one, a wrongful death action can lead to compensation that provides a car accident victim’s survivors with security as they get on with their lives,” Cuthbert said.

About Cuthbert Law Offices

For more than 30 years, Cuthbert Law Offices has successfully litigated cases for clients and their families throughout Virginia. The firm handles personal injury claims, including car and truck accidents, medical malpractice and wrongful deaths. The firm also helps clients obtain disability benefits that the Social Security Administration has denied. To contact Cuthbert Law Offices, call the Petersburg office at (804) 733-3100 or the Richmond office at (804) 643-3100 or use the firm’s online form.

###

Charles H. Cuthbert, Jr.
Cuthbert Law Offices
(804) 733-3100
Email Information

Braves' trainer injured, wife killed in car accident

ATLANTA (AP) -- The Atlanta Braves offered its condolences over the weekend to head trainer Jeff Porter, saying the team was "deeply saddened" after Porter's wife Kathy died in what authorities described as a collision between a Georgia State Patrol cruiser and an SUV driven by the trainer.

"The Braves family is deeply saddened and shocked to learn about the tragic accident," the team said in an emailed statement hours after the crash Saturday afternoon. "Our thoughts and prayers go out to Jeff and Kathy's family, their son David and all their friends and loved ones."

The Atlanta Journal-Constitution reported that Porter, his wife and son and a friend were on their way to the Chick-fil-A-Bowl at the time, about 4:40 p.m. Saturday.

A witness, Steve Bouye, told the newspaper on Sunday he had just gotten off work from his job as a federal prison employee when he saw the trooper's cruiser zoom past him on Saturday afternoon.

"As soon as I saw him go past I said `Man I hope he don't hit nobody,"' Bouye said. "Seconds later I heard a big blast like a train crash."

Bouye said he and Jeff Porter tried unsuccessfully to open Kathy Porter's door as she faded in and out of consciousness after the collision.

State Patrol spokesman Gordy Wright said in an email statement late Saturday that the trooper was traveling with emergency lights and siren activated Saturday afternoon when the cruiser struck a Ford Expedition driven by Jeff Porter at the intersection of Memorial Drive and Capitol Avenue.

Wright said the trooper, who had been traveling westbound on Memorial Drive, was going to assist another trooper who was attempting to stop a motorcyclist on nearby Interstate 20, west of the Downtown Connector. Wright said that motorcyclist had failed to yield.

State police provided few new details Sunday, but Wright said in an email statement that the trooper "was not involved in a chase but going to assist another trooper."

According to Wright, the Ford Expedition was traveling northbound on Capitol Avenue when it was struck on the passenger side. The statement said the SUV then struck a utility pole.

Kathy Porter, 54, of Loganville, a passenger in the SUV, died in the crash, Wright's statement to The Associated Press said. It added that Jeff Porter and two other passengers in the SUV- the couple's 19-year-old son David and a friend, Courtney Ann Williams, 18, of Grayson - were taken to Grady Memorial Hospital for treatment of injuries. All three were released later Saturday.

The Georgia State Patrol on Sunday night identified the officer as Trooper First Class Donald Crozier, a 10-year veteran.

He was examined at the same hospital and released. He has been placed on administrative leave as state police, the Georgia Bureau of Investigation and the Fulton County District Attorney's office investigate. Wright said the State Patrol's Specialized Collision Reconstruction Team was dispatched to the crash scene to help determine the cause.

"Any personnel actions related to the crash will be based on the findings of the various investigations," Wright wrote.

According to an MLB.com article posted on the Braves web site, former manager Bobby Cox, manager Fredi Gonzales and catcher Brian McCann went to the hospital to be with Jeff Porter after the accident. The article said Porter joined Atlanta's training staff in 1985 and has been head trainer since 2003.

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.