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What is Premises Liability? | Richmond Slip and Fall Lawyer

December 8, 2011 Leave a comment

Accidents can happen anywhere and at any time. Slip and fall accidents are one of causes of personal injury claims. According to the Centers for Disease Control and Prevention (CDC), over one million Americans suffer a slip, trip, and fall injury every year.

“Premises liability” is a term that describes the responsibility that a property owner has for accidents or injuries that occur on the property, including slip, trip, or fall accidents. There have been cases in which the property owner was aware that a danger or hazardous condition existed, but failed to fix it; or the property owner should have known about the problem since a reasonable person would have discovered it and taken action to prevent an accident.

Business owners or any property owner have a responsibility to ensure that their properties are safe for visitors or guests. A few examples of conditions that may lead to liability include:

  • Hazardous stairways
  • Objects on the ground
  • Slippery floors
  • Uneven ground (cracked or broken sidewalks)

Keep in mind that these types of cases require a great deal of investigation due to the nature of the accident. You must prove that the owner of the property was well aware of the hazard prior to the incident and that this hazard did indeed cause injury to you.

Have you been involved in a slip and fall accident or have any questions about a personal injury case? At O’Bryan Law we help people who have suffered an injury due to negligence. Call us at (804) 643-4343 for a free consultation.

Drowsy Driving? There’s an App For That

October 28, 2011 Leave a comment

The lifestyle of the average American has changed drastically in the last 20 years. People are busy and constantly on the go. They are in a rush to get to places – especially solo business travelers during long road trips. Because of this lifestyle, people are experiencing driver fatigue more often. There have been many suggestions offered to curb driver fatigue, and now companies are utilizing advances in technology to provide even more solutions to help solve the problem.

Earlier this year Danish company, ASP Technology, unveiled an anti-fatigue device and mobile app that alerts drivers when they are in danger of drowsy driving. The portable device is mounted on the dashboard and monitors the conditions that affect a driver’s fatigue level. It helps the driver stay alert by constantly testing their reaction times through tap-touch tests. The device also works as an alarm to alert the driver when it’s time to take a break.  The iPhone app (available at iTunes) is based on the same research and works much the same way as the dashboard device.

According to the AAA Foundation for Traffic Safety, driver fatigue is a factor in nearly 17 percent of all fatal traffic accidents. Meanwhile, nearly 41 percent of drivers admit to having “fallen asleep or nodded off” while driving.

If you’ve been injured in an accident with a drowsy driver, make sure to order our free accident injury book before you consult with any Richmond accident injury lawyer.

 

Tips for Long Distance Summer Road Trips | Virginia Auto Accident Lawyer

October 5, 2011 Leave a comment

It’s been a hot summer in most parts of the country, and the Richmond area is no exception. Many people are out enjoying summer vacation and taking road trips with their families. Long distance driving during the summer time has its own set of challenges and hot weather can be rough on cars, so it’s important to be prepared before hitting the road. Here are 5 tips to for a safe summer road trip:

1. Check the air pressure in all tires. Tire blowouts are very common during the summer months due to low tire pressure. The lower your tire pressure, the hotter your tire gets, which will cause it to pop.

2. When driving at night, make sure your front window is squeaky clean. Carry a bottle of glass cleaner and a roll of paper towels or micro-fiber cloth in your trunk to clean your windows and rear-view mirrors every few hours. Also, replace any ragged or broken windshield wipers.

3. During long-distance trips you will likely come across large cargo trucks and tractor trailers. Avoid following close behind and do not drive along side them.

4. Rest or take a nap anytime you feel sleepy. There are ways you can stay awake like drinking coffee or opening the window for fresh air, but nothing beats drowsy driving than good ole fashioned rest. When you’re sleepy, your reaction time slows down, which increases the likelihood of an accident.

5. Before the trip, find out all the radio stations to check traffic and road conditions for the route you will be taking.

Hopefully these tips will help you have a safer summer road trip and avoid any accidents! Have fun and send us a postcard :)

Update: Fatal Bus Crash Involving Sky Express, Inc. | Richmond Accident Injury Lawyer

Earlier this month we talked about the fatal bus crash involving Sky Express Inc., a charter bus company that was transporting passengers from Greensboro N.C. to New York City. The crash occurred on I-95 in Virginia. Since the accident, the driver of the bus, Kin Yiu Cheung, of Flushing, NY has been charged with four charges of involuntary manslaughter and can face up to 10 years of in prison for each charge.

Despite the government’s attempt to shut down Sky Express for safety violations, the company continues to operate under a new name with newly painted buses. The company had a poor record in “fatigued driving” over the past two years, with a total of 46 violations of federal regulations.

Because of all the recent bus accidents, the New York state senate recently passed legislation requiring all bus drivers to submit to a criminal history check. Drivers will have to go through a 90 day conditional period while the background check is being undertaken.

This Sky Express bus accident in particular has raised concern about the low fare bus industry and their lack of concern about safety. If you are someone who travels by bus frequently, it may be in your best interest to do some research on the bus companies you travel with. If anything, paying the extra fare on a Greyhound or Amtrak train could be better for the sake of safety.

At O’Bryan Law Firm we help victims of bus accidents, truck accidents, or car wrecks. As a Richmond personal injury lawyer, I am dedicated to protecting your rights and making sure that you are justly compensated because of a negligent driver.

Act Now Before You Wreck Your Case | Richmond VA accident injury lawyer

  • Closure. Getting on with your life and over the hassle. Not being a victim anymore.
  • Evidence may be destroyed or discarded. Now it is available to help you win your case.
  • Witnesses may disappear, die or forget important details.
  • Adjuster may get harmful statements from witnesses.
  • Gaps in medical treatment may hurt case.
  • Insurance companies may close, merge with another company, or may change policy meanings or facts. Now you know who to contact and what you are entitled to recover.
  • Insurance companies may move out of area and try and deny coverage.
  • You may get worn down and not feel up to continue the path to get recovery, thus justice may not be delivered to you and that could mean no money to you.
  • New adjusters may come on to handle your case and want to start all over and waste time.
  • Insurance companies may decide not to pay.
  • The government may change coverage policies on what insurance companies have to pay. Lobbyists pay money out to get votes and rewrite the laws in the insurance company’s favor.

                      Va. Beach woman charged in pedestrian’s death | Richmond Virginia Accident Injury Lawyer

                      November 30, 2009 Leave a comment

                      Va. Beach woman charged in pedestrian’s death.

                      Black Friday was truly horrific for the family 23-year-old Hunter Richardson of Suffolk, VA as he was struck and killed by an SUV in the Town Center shopping center in Virginia Beach.

                      Another pedestrian was also injured in the accident. The SUV was driven by 29-year-old Natasha Herzog, who was charged with a second offense of drunken driving, refusal to take a breath test, manslaughter and maiming.

                      Hunter Richardson was a much loved figure in the community and a memorial service is to be held tomorrow at 11am in Centenary United Methodist Church in Portsmouth, VA.

                      It sounds like Hunter’s family could file a wrongful death lawsuit against Ms. Herzog and she would likely have to pay punitive damages to the family.

                      There are more and more pedestrians getting hurt and killed by cars lately. I suspect this may be due to the lack of safe places for people to walk in our cities due to a focus on the needs and rights of car drivers for the past century that has made the roads unsafe for pedestrian travel.

                      If you have been hurt in a pedestrian accident, you should read my FREE book, Accident Injury Book: Hidden Inside Secrets Big Insurance Companies Don’t Want You to Know About Your Injury Claim.

                      Colonial Heights woman guilty in fatal crash with mo-ped | Richmond VA Wrongful Death Lawyer

                      November 13, 2009 1 comment

                      Colonial Heights woman guilty in fatal crash with mo-ped.

                      A tragic story of a wrongful death accident case in Colonial Heights, VA that ended with one man killed, one man in a wheelchair and unable to speak, and one woman probably going to jail for years.

                      Megan Lean Brown was convicted on Monday of driving drunk on June 13 of this year. She was driving the wrong way down Jefferson Davis Highway when she had a head-on collision with a moped driven by Frederick Wall. Mr. Wall was pronounced dead at the scene.

                      Mr. Wall’s passenger was Ricky Hill, who suffered a fractured pelvis, head trauma, partial paralysis, and nerve and muscle damage.

                      Ms. Brown pled guilty to involuntary manslaughter while driving intoxicated, maiming while driving intoxicated and DUI . She faces up to 16 years in prison.

                      If you or your loved one has been hurt or killed in an accident please get a FREE copy of my book Accident Injury Book: Hidden Inside Secrets Big Insurance Companies Don’t Want You to Know About Your Injury Claim

                      Or call Richmond, Virginia lawyer D. Wayne O’Bryan at 804-643-4343 or 1-800-372-4099.

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