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Everett Lupton

Everett Lupton

W. Everett Lupton has won many injury cases before juries. He has represented injured plaintiffs to verdict in more than 100 jury trials. Because of his interest in helping an injured person, Mr. Lupton focuses his practice on litigating motor vehicle collisions, premises injuries, railroad injuries, and admiralty/maritime injuries. He is qualified and licensed to practice in Virginia, North Carolina, Georgia, and is admitted to the bar of the Supreme Court of the United States. Mr. Lupton has successfully represented clients in federal and state courts throughout the Southeastern United States. He has prior criminal and traffic prosecution and defense experience, and commercial, and contract litigation experience. Mr. Lupton is a native of Tidewater and a graduate of ODU and the University of Richmond. He has published multiple legal articles and has been cited in numerous national and international legal publications. He also has lectured at many continuing education seminars for attorneys and paralegals. Mr. Lupton is an active participant in state and local bar associations and serves on several state and local bar committees. He is a member of the American Association of Justice, Virginia Bar Association, Virginia Trial Lawyers’ Association, Norfolk and Portsmouth Bar Association, and Virginia Beach Bar Association. He is active in the Hampton Roads community and serves on the Boards of Trustees and Advisors of several regional and national charitable organizations.


mayismotorcyclemonth

May is Motorcycle Safety Awareness Month - a national initiative aimed at getting motorists and motorcyclists alike to conscientiously and courteously "share the road" with each other. Motorcycle crashes remain one of the most prevalent causes of death and injury on the road. According to the Department of Transportation's National Highway Traffic Safety Administration, or NHTSA, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash and five times more likely to be injured based on miles traveled in 2009.


With warmer temperatures, we can expect to see more motorcycles on the road. Motorcyclists, as well as motorists, must be aware of surroundings at all times. Here are a few safety guidelines when sharing the road:
• Be fully focused and aware when on the road, and be in control of your vehicle at all times.
• Always signal your intentions before turning or changing lanes.
• Check mirrors and blind spots before changing lanes.
• Show caution at intersections.
• Allow a large following distance.
• Motorcyclists: Stay visible. Wear brightly colored long sleeve upper body wear, and use a DOT-rated helmet. Wear riding gloves and boots. Avoid riding in poor weather conditions.

We hope you enjoy the warming Spring weather. Make sure to share the road with all vehicles, large and small. If you or a loved one has been injured in a motorcycle accident, please call your friends at Rutter Mills at (757) 622-5000.

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spring-cleaning
It's the perfect season to begin to cleaning the inside and outside our homes. Spring cleaning typically involves lifting, moving heavy objects, using ladders, and working outdoors. Heavy lifting and physical activities can increase the risk for at-home injuries.  According to the Home Safety Council, there are over 10 million unintentional home injuries nationally per year that result in visits to hospital emergency rooms. These injuries result in over 20,000 deaths per year. Falls and poisonings cause over half of home deaths. Here are a few safety tips as you clean your home this Spring.

Avoid House Fires
• According to NFPA, almost two-thirds of reported home fire deaths resulted from fires in homes with no smoke alarms or no working smoke alarms. Make sure there is a smoke detector installed in each level of your home. Test each detector monthly, and change the batteries as needed.
• Place a fire extinguisher in the kitchen, and check to see it is in proper working condition.
• Do you have a fire escape plan? There should be an escape plan for each room in your home. Prepare one and practice the escape route with your family.

Prevent Injuries
• Ladders - Read the instructions and warning labels before using your ladder. For every four feet of ladder height, the bottom of the ladder should be one foot away from the wall or object it is leaning against.
• Lifting Techniques - Bend at the knees and keep your back straight when lifting. Make sure to keep the object close to your body.
• Yard Work - Inspect and service all equipment, such as your lawnmower and hedge trimmer, at the start of each spring. Repair or replace damaged items. Wear proper clothing and protective equipment. Store gasoline in a proper UL Classified container.

"Breathe new life and energy into your home. The first rite of Spring is to clear out the dust, dank odors and darkness of the winter. The first warm rays of spring are a time to throw off the weight of winter and start fresh."

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The Governor's Highway Safety Association (GHSA) out of Washington, D.C. published a report indicating that the number of teen driver deaths jumped sharply during the first half of 2012.  The premise of this particular government agency study is to focus solely on the teen driver (not the passenger or bystanders, which they feel is a good indicator of teen behavior behind the wheel.

 

Preliminary GHSA data shows that deaths of 16 and 17 year old drivers are up 19% as compared to the same period in 2011.  This is sad data considering the strong downward trend that has been developing in this age group over the last several years.

 

Most experts believe that distracted driving is a major culprit in this uptick in teen deaths.   The problem of distracted driving is by all accounts a growing problem.  As auto accident attorneys, we deal with tragic cases involving distracted driving on a daily basis.  If you are the parent of a teen driver, please talk to them about the importance of waiting to text, and even more importantly set a good example by not exhibiting these behaviors yourself.

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050175-teens-mirror-parents-distracted-driving-habits-new-liberty-mutual-insurance.1Distracted driving is a growing problem on our roadways, with over 3000 deaths and 400,000 injuries in the United States in 2010.  The problem is especially dangerous amongst teen drivers, where distracted driving has been attributed to 11% of all fatal crashes involving teen drivers.  Motor vehicle accidents are the leading cause of death for teens in the US, and statistics show that drivers ages 16-19 are four times more likely than older drivers to crash according to the Centers for Disease Control and Prevention.
A recent survey commissioned by Liberty mutual Insurance and Students Against Destructive Decisions (SADD) supports this position, showing that the majority of the 1,700 teens survey admitted to making poor decisions while behind the wheel.
Nine out of ten said that they talked on their cell phone while driving and 94 percent admitted to speeding.  A majority of these teen respondents said their parents practiced "do as I say, not as I do" rules when it came to driving.
This study reinforces what we already know.  Parents need to be a good influence on their children and practice what they preach as it pertains to cell phones and driving.  If you are the parent of a teen driver, understand that the dangers are very real and have an honest and open conversation with your teen.  As auto accident lawyers, we see so the devastating effects of distracted driving on an almost daily basis.

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Almost immediately after a motor vehicle collision, an insurance company will contact an injured person and ask them to provide what is commonly known as a recorded statement. The adjuster will sometimes take the statement in the initial conversation, but it is usually soon after the first phone conversation. The adjuster will usually ask the caller’s permission to begin recording the statement. Then the adjuster will ask a number of questions about how the accident occurred, conversations, and a person’s injuries.

If you have your statement recorded by an insurance carrier, you have the right to a transcribed copy. Virginia Code Section 8.01-417 requires the insurance carrier to send you a copy of any written statement relating to your injury "forthwith" or a verified typed transcription of the audio recording within 30 days after the statement or recording when the statement is transcribed or in all cases when requested by the injured person. But you have to request it to get it.The insurance carriers often base their decision of whether to accept or deny a claim based on the recorded statements. They begin investigating a claim almost immediately after it is reported and gather information, including statements, on which to base their decision. So remember when you make the claim you are going on the record, their record!

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A 64 year old woman was struck and killed while in her wheelchair last Friday Constance Road near the Plaza West Shopping Center. She was struck by a Chevrolet SUV, who's driver was charged with driving on a suspended license.

This auto accident could have been avoided however resulted in a fatality. Accidents happen every day and it is important that people are aware of their surroundings. If you or a loved one is injured while crossing the street, on a bike, or in a vehicle you need to contact a personal injury attorney. Personal injury lawyers know the law and will help you get the compensation you deserve.

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The Charleston Gazette reported that two people were killed in a tractor trailer accident near West Virginia on Interstate 79. The uncommonly cold and icy weather of late was blamed for the truck accident. to read more on the article visit tractor trailer accident.

If you or a loved one have been injured in a trucking accident in Virginia, contact the experienced tractor trailer accident lawyers from Rutter Mills to discuss your case.  We handle 18 wheeler accidents as well as smaller automobile ijnuries throughout Virginia and the Hampton Roads area. To talk to a Norfolk, Virginia truck accident lawyer about your case, call us at 757.622.5000.  All consultations are free to discuss a case if you or a loved one is an injury victim of a tractor trailer accident.



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Norfolk Office

 

160 W. Brambleton Ave.
Norfolk, VA 23510


Phone: 757.622.5000
Fax: 757.623.9189
Toll Free: 800.515.3000

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Newport News Office

 

4702 Washington Ave.
Newport News, VA 23607

 

Phone: 757.622.5000
Fax: 757.240.4318
Toll Free: 800.515.3000

 

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Roanoke Office

 

4648 Brambleton Ave
Roanoke, VA 24018


Phone: 540.982.3524
Fax: 540.982.3559
Toll Free: 800.515.3000

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