Roanoke Personal Injury Lawyer - Wrongful Death

Construction Site Death at Virginia Tech: Safety Must Come First

Dan Frith — Mon, 13 Jul 2009 09:25:49 GMT

Local news sources are reporting that just a few days ago, 61-year old Bonnie Tinker of Portland, Oregon was visiting the Virginia Tech campus when she was struck and killed by a dump truck at a construction site on campus. Tinker was one of 1,300 people attending a conference on the campus. The conference was for the Religious Society of Friends, a Quaker group dedicated to social justice. Tinker was often described as a peace activist.

Tinker was cycling through the intersection of West Campus and Drill Field Drives when the dump truck struck her. Students and others familiar with the campus did not identify the intersection as a dangerous. One student, sophomore Shane Duncan, had biked on campus and said that separate lanes on both sides of West Campus Drive made it easy for vehicles to share the road. The intersection was located in an open area. It is still unclear exactly how the accident occurred and police are continuing to investigate.

While currently there is no indication of who was at fault or exactly how the accident occurred, the fact is that construction sites can be dangerous areas. In fact, the OSHA (Occupations Safety and Heath Administration) assumes that there will be over 1,000 construction workers who will suffer a work-related fatality each year. The National Safety Council and Bureau of Labor Statistics track the number of construction-related injuries – but there is little data on the kind of accidents such as the one that took Tinker’s life. About 17% of all personal injury claims related to construction sites are made by non-workers. So while it is less common for passers-by and non-workers to be injured or killed, construction sites do pose a danger and make it important that pedestrians, cyclists, and drivers remain aware of their surroundings on and around construction sites.

My guess is that the tragedy at Virginia Tech could have been avoided.

Originally posted at InjuryBoard by Dan Frith

Virginia Should Raise Its Cap on Damages

Dan Frith — Wed, 23 Apr 2008 06:02:00 GMT

In my home state of Virginia, if an employee or agent of the state maims or kills you, any claim you may file against that individual and the state is limited to a maximum recovery of $100,000. This cap of $100,000 has been in place since 1993. The cap is an insult to Virginians and should be raised! If you lost your father due to the negligence of a state employee and your father was 35 years old and earned $65,000 per year, the financial loss experienced by your family will far exceed $100,000!

In 1982, the Virginia General Assembly waived the state's immunity for tort claims but capped potential damages, unbelievably, at $25,000. The cap, which is supposed to apply unless a plaintiff can prove "gross negligence," was raised to $100,000 in 1993. Many states have some form of immunity to shield them from lawsuits, but caps on damages are often higher than in Virginia. Maryland's cap on tort claims is $200,000, the same as Oregon's. Minnesota, South Carolina and Texas have a $300,000 cap.

Come on Virginia, raise the cap to $300,000 and tie it to inflation such that it remains a fair recovery in appropriate cases.

Originally posted at InjuryBoard by Dan Frith

Wrongful death....

Lauren Ellerman — Thu, 17 Apr 2008 11:13:00 GMT

What does that phrase, "wrongful death" mean? It is a legal term used to describe a type of negligence lawsuit, where someone cause the death of another. While it technically could be filed against someone who is charged with murder (think OJ simpson), it is typically a civil suit filed when criminal charges do not exist. Think car accident where someone dies; nursing home case where resident dies of malnutrition and family believes facility is cause of death; medical malpractice where surgeon does not recognize post surgical blood clot and plumonary embolism results..

Essentially you are saying "DOCTOR / CORPORATION / DRIVER - you had a duty to notice / provide care / drive safely, and you didn't, and your mistake caused the death of someone."

It may seem somewhat strange to file a civil lawsuit alleging wrongful death - after all, money won't bring back that loved one, will it? Most statutes however, are written to allow for damages for the survivor.

For example, 10 year old being raised by his single Mom, mom is killed in a car accident. Who is going to pay for her funeral? Who is going to care for the child? What if she had $40,000 worth of medical bills before she died - who pays for that? That is why states have wrongful death statutes - to help make the persons effected, financially whole. So no, I understand no amount of money will bring your loved one back, but maybe, just maybe, someone will think twice next time, or a nursing home will hire more staff, or a driver will try to be safe.

Originally posted at InjuryBoard by Lauren Ellerman