As long as roads and railroad tracks have coexisted, railroad crossings have been hotspots for collisions and serious injuries.  According to Operation Lifesaver, a non profit organization for rail safety education a person or vehicle is hit by a train every three hours.  While the frequency of these accidents is on the decline, railway related accidents have an extremely high rate of fatality.

Below are a few safety tips and facts courtesy of the good people at Operation Lifesaver.

• - Freight trains don't travel at fixed times, and schedules for passenger trains change. Always expect a train at each highway-rail intersection.
   - All train tracks are private property. Never walk on tracks; it's illegal trespass and highly dangerous. By the time a locomotive engineer sees a trespasser or vehicle on the tracks it's too late. It takes the average freight train traveling at 55 mph more than a mile—the length of 18 football fields—to stop. Trains cannot stop quickly enough to avoid a collision.
•  - The average locomotive weighs about 400,000 pounds or 200 tons; it can weigh up to 6,000 tons. This makes the weight ratio of a car to a train proportional to that of a soda can to a car. We all know what happens to a soda can hit by a car.
• Trains have the right of way 100% of the time over emergency vehicles, cars, the police and pedestrians.
• - A train can extend three feet or more beyond the steel rail, putting the safety zone for pedestrians well beyond the three foot mark. If there are rails on the railroad ties always assume the track is in use, even if there are weeds or the track looks unused.
• -Trains can move in either direction at any time. Sometimes their cars are pushed by locomotives instead of being pulled, which is especially true in commuter and light rail passenger service.
• -Today's trains are quieter than ever, producing no telltale "clackety-clack." Any approaching train is always closer, moving faster, than you think.
• -There are over 160,000 miles of railroad tracks in the United States (Association of American Railroads). Remember to cross them only at designated pedestrian or roadway crossings, and obey all warning signs and signals posted there. At many crossings you'll see a sign bearing a number. Use that to identify your exact location when calling to report an emergency.
• - Stay alert around railroad tracks. No texting, headphones or other distractions that would prevent you from hearing an approaching train; never mix rails and recreation.

The state of Virginia has just announced a new program aimed at providing motorcyclists prompt and proper care after an accident.  The program includes new "Rider Alert Cards" that will be placed inside the riders' helmet that contains medical information, emergency contacts and other pertinent information.  The goal is that first responders will have quicker access to this life saving information at the scene of the crash.  A sticker on the outer shell of the cyclists helmet will indicate that the biker has the alert card, which will be placed inside the helmet. The cards are not required as of yet, but could be at some point in the future.

While this might not be the end all be all for motorcycle safety, we applaud the state for taking strides to increase safety for cyclists.  Motorcycles make up only about 3% of the total motor vehicles on the road, motorcycle fatalities account for 11% of all highway fatalities each year.  Another troubling statistic is that while only 20% of auto accidents result in injury or death, over 80% of motorcycle accidents do.

If you are a motorcyclist, consider this program, and as always try to be safe and aware on the road.  Now that it is springtime there will be more motorcycles on the roads, and other drivers should try to be aware of cyclists as they are not the most visible vehicles on the road.  

Today the Ford Motor Company announced the recall of over 1 million of it's popular F-150 pickup trucks due to defective air bags. An electrical short is the reported problem, causing air bags to deploy unexpectedly and injuring some drivers.

Earlier this year, Ford acknowledged the problem, but only in 150,000 F150s, resisting the government's request to recall all 1.2 Million with he problem.  A growing number of incidents and injuries has convinced Ford to make the full recall.

If you have one of the latest model Ford F150s, call your local ford dealer to determine if your vehicle is affected in the latest recall.  Airbags are one of the most important safety features in a vehicle, and a properly functioning airbag can save your life in a serious auto accident.  If your vehicle is affected - don't hesitate to comply with the recall.

Friends Don’t Let Man’s Best Friend Drive Without Pet Insurance

I don’t have children. Or, maybe it’s more correct for me to say I don’t have human children. I do have a dog – an Australian Shepherd named Goose who is, without question, the handsomest, best, sweetest, most well behaved creature to ever have lived. And I say that without a hint of prejudice. I’m "that girl" at social gatherings who likes to refer to stories about my dog when other people are telling cute stories about their children. "Oh, little Johnny is misbehaving? I remember when I was training Goose; I discovered that hot dogs were a great motivator for good behavior." Things like that. It drives parents of human children crazy. It makes me laugh.

But maybe you understand my perspective. Dogs are a central part of the American household. They are a multi-million dollar industry – Martha Stewart has a pet accessory line at Petsmart. I’m not kidding. But more importantly, they are the happy little heartbeat at our feet when we come home from a long day. They are the unconditional love that never talks back. They are capable of expressing a soul full of love with one look and embody the definition of selflessness. Many people take them everywhere they go and, if your dog is anything like mine, going for a car ride is the doggy equivalent of a week-long trip to Disney.

What happens if they are injured in a car accident?

That question was brought to my attention by a client recently and I felt it was worth some investigation. Here’s what you need to know. If your pet is injured in a car accident due to someone else’s negligence then that person’s auto insurance policy should cover them because pets are considered property. They pay to fix the bumper, and while they are at it pay for fixing Fido. Same thing. Problems arise when the accident is your fault, or when the person who hit you has no insurance coverage. In that situation your bodily injury coverage does not extend to poor Pupper. They are not considered a human body by the insurance industry and therefore won’t be covered by your standard policy. How can you protect your pet?

Fortunately many insurance companies are beginning to realize the importance of protecting our pets, considering the number of them happily covering the backseat in dog hair. Some of the ones that I uncovered through a quick internet search are: (1) Progressive’s Pet Injury Coverage, the best in my opinion because it’s included free in Collision coverage, covers up to $1,000.00 of injuries to cats or dogs in auto accidents or during fire or theft, and extends to relative’s pets who live with you; (2) Chubb Auto Insurance will cover up to $2,000.00 in vet bills, and will even cover replacement costs but is only available in Arizona, Maryland, Texas and New Jersey; (3) Farmer’s Insurance Company will cover up to $600.00 in pet injuries and cover the costs associated with a pet’s death due to auto accident injuries.

Be an educated consumer! Call and find out what coverage is available to you and your fuzzy little friend. If the questions become too complicated the attorneys at Rutter Mills have years of experience making sure that you and all your passengers are well cared-for.

This is a phrase heard a couple of times a week on TV but do you think it would every apply to you? If you have had a work-related injury, one of the first items of business for your insurance carrier adjuster is to take a recorded statement from you regarding your injury. We often caution our clients about giving a recorded statement to the adjuster and are present when the statement is being recorded. If you do not have any attorney, you should be careful here because the adjuster will not only ask you about your injury but about prior injuries and prior workers' compensation claims. Take the recorded statement serious as it will follow you throughout your claim. Be sure to listen to the adjuster's questions, keep your answers simple and do not offer any additional information that what is asked of you. If you have any concerns about giving a recorded statement, consult an attorney.

Distracted driving killed nearly 5,500 people last year and injured 500,000 more.  While these disturbing statistics alone should help people think twice about picking up a cell phone on the road, the stories behind the statistics are much more moving.  Distraction.gov, the official U.S. Government website for distracted driving has an ongoing video series called "Faces of Distracted Driving", that is quite moving.  Below are a few of the latest stories.  These stories may seem far off, but they are very real.  They, just like the rest of us, didn't think they were going to be involved in an auto accident.  Please think twice before using a cell phone on the road, and try to be as aware as possible of the drivers around you.

According to the New York Times, California lawmakers are working to enact a bill that would force rental car companies to pull recalled vehicles off the road.  Wait, rental car companies are not doing this already?  No, apparently it literally takes an act of Congress to force some of our country's largest rental car companies to treat their customers fairly and to care for their safety.  It is currently illegal for car dealerships to sell recalled vehicles, why should car rentals be any different.  

When renting a car, be sure to verify with the rental agent that the vehicle you are renting isn't subject to any recalls.  If you or someone that you know suffers an injury in an auto accident, be sure to contact someone that cares about your rights and safety, like the personal injury lawyers of Rutter Mills.

It's springtime, and as temperatures increase more and more motorcyclists are hitting the road.  While motorists should always be aware of motorcycles on the road, spring is a particularly dangerous time for motorcycle related accidents as drivers aren't as used to seeing them on the road.

While motorcycles make up only about 3% of the total motor vehicles on the road, motorcycle fatalities account for 11% of all highway fatalities each year.  Another troubling statistic is that while only 20% of auto accidents result in injury or death, over 80% of motorcycle accidents do.

While there are numerous safety tips that motorcyclists should follow, regular drivers should also be more aware of motorcycles on the roads and highways.  A few tips for drivers to consider when driving to beware of motorcycles on the roads:

- Always search the traffic around you and be aware of the vehicles and motorcycles surrounding you.

- Check your blind spots before changing lanes or merging

- Double-check traffic at intersections before turning or pulling out

- Be aware that motorcycles can easily be hidden in traffic.  Look for a helmet above, tires below, or a shadow next to a vehicle you can't see around.

- Allow a 3 second cushion of driving space when following a motorcycle

- Watch out when turning left.  Most crashes between cars and motorcycles involve turning left at an intersection.  Because of their relative size, it is harder to see motorcycles and to judge their approach speed.

Being aware of your surroundings on the road can go a long way in avoiding accidents.  Now that spring has sprung, be sure to be on the look out for motorcycles on the roads.

The National Highway Traffic Safety Administration recently released a study on airbag deployment showing the increased risk of fatality in accidents that do not include airbags.  According to the study, out of the 2.5 million vehicles totaled and issued salvage titles by the insurance company, 40% are rebuilt and put back on the road for resale.  Many of these "salvage" titled cars are put back on the road without air bags, or with an improper airbag that may not function correctly.

 Since only a few states have laws regulating airbag system replacement, a buyer of a used vehicle may never know if they can expect their airbag to function properly in an accident.  Below are a few tips to help used car buyers ensure they get an airbag they can count on.

 - When you turn on the ignition, look for the airbag light to momentarily light.  If the light stays on or flashes, there may be a problem with the airbag.  If the light never comes on at all, this indicates that the bulb has been removed, and that there is most likely no airbag present.

- Have a mechanic you trust take a look at the used vehicle prior to purchase to make sure the airbag is working.

- Ask for a Carfax report on the vehicle, which will indicate any airbag deployments in the vehicle's history.  You only need a car's VIN number to attain a report.

Johnson & Johnson, and it's DePuy Orthopaedics subsidiary announced in August 2010 that it is recalling their hip implants due to a high rate of repeat surgeries needed by people who have received these hips. These defective hip implants have been causing discomfort, hip pain and swelling and difficulty walking in recipients of these products all over the country.

Below are the affected DePuy Hip Replacement Products:

- DePuy ASR (2005-2009)

- DePuy ASR-XL (2008 -2009)

Below is a brief timeline of the Depuy ASR Hip Recall:

- In 2005 the ASR was introduced in the US after Johnson and Johnson and DePuy got special permission from the FDA to skip clinical trials and begin selling right away.  Many orthopedic doctors believe that the companies knew their device was flawed from the start.

- In 2008 a report to the British equivalent of the FDA finds "evidence of genetic damage in patients with certain metal hip implants such as the ASR".

- In the same year, the FDA received 400 individual complaints from patients who received the ASR. 13% of the total ASR hip replacement patients required a revision to replace the device.

- In 2009 Depuy voluntarily withdrew the product from the Australia Market.

- In 2010 Johnson and Johnson and DePuy announced they will phase out sales of the ASR hip replacement and sends letters to doctors warning of high failure rate

- In August 2010, Johnson and Johnson announced a worldwide recall of the product.  

If you are one of the 90,000 plus individuals suffering from a bad hip replacement, you may be entitled to compensation.  Call the lawyers at Rutter Mills today for a free consultation of your legal rights today!

If not, you should visit the Virginia Workers’ Compensation Commission and read what rights you have. This can help you understand who and what you are up against when you file your claim.

If you don’t know what your rights are, you may accept anything the insurance carrier or their attorney tells you without knowing what is going on and the fact that you are being taken advantage of. Remember, knowledge is power! If you have read some of the details of the Virginia Workers’ Compensation Act, you can avoid signing documents that you shouldn’t or accepting whatever the comp insurance carrier may offer to you.

If you or someone you know is having trouble receiving workers’ compensation, please call Rutter Mills for a free review of your case.

An accident by definition is something that happens when something occurs unexpectedly or unintentionally. Because we as drivers have to make conscious decisions on the road, auto accidents do not always fall under this definition. We choose whether or not to drive the speed limit or to obey traffic rules and regulations. Choosing not to obey these laws is an intentional act with expected outcomes.

The selfish act of driving carelessly causes lives to be changed through death or injury on a daily basis. According to the National Car Accident Statistics, excessive speed is the second most common cause of deadly auto accidents, which accounts for about 30% of all fatal accidents in the U.S.

Accidents caused by speeding aren’t really accidents at all. They are potentially devastating events that could have been prevented if the driver stayed within the limits of the law. Watch your speed out there folks, it really isn’t worth it.

A recent report from the National Association of Insurance Commissioners (NAIC) shows that for the past three years, more than 1/3 of all complaints made by consumers to state insurance regulators have been about auto insurance.  The most frequent resons for complaints according to the report were delays, denials and unsatisfactory settlement sizes. 

At Rutter Mills we see these complaints in action on a daily basis.  We deal with insurance companies everyday, fighting for the rights of our clients.  If you are having a hard time dealing with the insurance company to recieve the settlement you deserve for your auto accident injuries, call the personal care attorneys of Rutter Mills today.

For more information on the NAIC study, including their best rated auto insurance companies - click here. 

This week the National Highway Traffic Safety Administration issued new safety guidelines for child seats in automobiles. Under the new guidelines, the safety agency recommends using the restraints in the rear-facing position as long as children fit within the height and weight limits of the car seat as established by the manufacturer.  The rear-facing position reduces stresses to the neck and spinal cord and is particularly important for growing babies. The guidelines advise parents to keep kids in rear facing restraints until two years of age.

 "Safety is our highest priority," said Transportation Secretary Ray LaHood. "The 'best' car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car."

Click here to learn more about this study from the NHTSA website.

My philosophy on life has always been “get where you’re going but enjoy the ride.”  And if you’re like me, you feel spring in the air and you want to roll the windows down, find a south-bound road, and just drive.  Good music and my Mazda3 have always done wonders for my mood.  I think there is a part of the soul of the American driver that has always connected with the Sunday drive – not needing to be anywhere in particular except for THIS tree-lined road dappled by a mid-afternoon sun.  Maybe, in such a time, you share my reluctance with having to share the road with anyone else.  Maybe you’re guilty, like I sometimes am, of taking that turn just a little more quickly, or of rushing to find the left lane and the empty space ahead of you with a smile and the radio turned up.
After becoming part of the Rutter Mills family I was more than a little surprised to discover how quickly my defensive driving increased. My day revolves around the stories of perfectly responsible people injured because someone else failed to exercise reasonable care.  After a while you begin to see that failure everywhere.
But this story is not all doom and gloom – I choose to see it as a reaffirmation of a simpler motto.  Be practical!  It’s easier to avoid irresponsible people if you’re doing the speed limit.  Put your iPod on shuffle and don’t mess with it; you won’t take your eyes off the road and you’ll find yourself singing along to songs you forgot you owned.  Put down your phone and stop being so instantly accessible to everyone.  You’ll be a safer driver and you might just learn to enjoy some solitude.
You may be the safest driver on the road but remember this – Twitter now has 200 million subscribers averaging 1,600 posts every second.  With the smart phone industry wrecking havoc on our driving records, eyes on the road please!  Get where you’re going, but enjoy the ride.

A college student was awarded a $490,000 personal injury settlement for serious injuries sustained in a May 2008 auto accident.  The student was a passenger in a vehicle that was transporting him back to his college campus. The driver was exceeding the speed limit and lost control of the vehicle causing it to roll several times.  The victim sustained serious injuries including a fractured clavicle, hand and wrist, and a partial amputation of his toe.

The victim filed liability claims against the vehicle owner's insurance carrier and the driver's personal auto insure carrier, which ultimately led to a $490,000 settlement.

If you or someone you know has suffered serious injuries as a result of another driver's negligence, call the personal care attorneys at Rutter Mills for a free consultation of your rights.

One of the most dangerous problems on America's roads today is the act of distracted driving.  In 2009 5,474 people were killed and 450,000 were injured because of a distracted driver on the road.  That's 16% of all fatal crashes and 20% of all injury crashes for the year.  One in five of those deaths involved reports of the driver using a cell phone.

The U.S. Department of Transportation has developed an official government website to serve as a campaign against distracted driving, http://www.distraction.gov There is a great deal of information and statistics on the subject, hopefully they can make a real difference.

At Rutter Mills, we see the devastating effects of distracted driving on an almost daily basis.  We have seen countless numbers of our clients injured in an auto accident by another driver who was using a cell phone when they are supposed to be focused on the road.  If you or someone you know has been injured in an auto accident at the fault of someone else, call the personal care attorneys of Rutter Mills.

We are extremely proud to announce the opening of our new office in Roanoke, VA.   Starting today, we will be providing a local office presence in the Southwest Virginia community.  This expansion is especially exciting for us due to our personal ties to the Roanoke community.  From this new office, we will be serving clients in Roanoke, Lynchburg, Danville, and all of Southwestern Virginia.  We look forward to representing the rights of injured individuals throughout the state of Virginia.

New Year’s Eve is traditionally one of the worst days of the year for alcohol-related car accidents and deaths. New Year’s Eve falls on a weekend this year, which will most likely result in even more parties and festivities. Combine that with the dangerous road conditions from the recent winter storm, and this year could be more dangerous than ever.

Last year, over 10,700 people were killed in drunk driving related auto accidents, 735 of those occurring during the holiday season. A recent study by the AAA Foundation for Traffic Safety released a new study finding that on New Year’s Eve, alcohol related fatal crashes were 150 percent higher than the average for the same day of the week during the holiday season.

Don’t let the New Year start off deadly for you, your friends, or your family. If you are going to drink, have a designated driver. If a friend or family member has had too much to drink, don’t let them drive. If you aren’t drinking, be aware of the dangers that can arise from the actions of others.

Be careful and make it a safe New Year!

I witnessed an American tragedy last week. An attorney with Rutter Mills is representing a homeless client in her 50s for Social Security Disability. She was recently taken to a local homeless shelter in Norfolk by the some police officers. She was able to stay as long as she was seeking work. (Remember -- she is disabled.) She tried to find a job with a local fast food restaurant but they would not hire her. The attorney was able to get the hearing expedited due to her situation but she still would not have her day in court for several weeks. She asked the homeless shelter if they would let her stay until her hearing, but they let her go nonetheless.

This poor hopeful but helpless person appeared at her hearing dirty and disheveled but hopeful. After the hearing, the attorney could not bear to leave her at the same bus stop from which she was picked up. He called at least 13 shelters and churches in the Hampton Roads area looking for a place for her to stay the night. Not one homeless shelter or church would take her in. In fact, one church claimed it was too bad she didn’t have any family to go to and no one to help her but it wasn’t their problem and ended the conversation with "God bless you."

In the end, this homeless and family-less person decided she would rather spend the night with her "friends" on the street, than accept a charitable handout. Fortunately, once she wins her Social Security disability case, she will be eligible for Section 8 housing and a new start. Rutter Mills cares about their clients – we only wish everyone had the same compassion.