• Kids usually don’t realize that the gun with which they are playing is loaded.
• Some accidents involve drinking and accidentally shooting a household guest or acquaintance.
• A number of gun owners have accidentally killed themselves while cleaning a semi-automatic handgun or disassembling a pistol at home.

Despite our best efforts, accidents do happen, and it is important that we know how to deal with the situation. If you or a loved one has been the victim of an accidental shooting, you may be able to obtain compensation for damages. This is when you will need the help of a reputed and experienced law firm. Contacting a personal injury lawyer will not only help you to evaluate what kind of claim you can file, but you will also gain support through a traumatic period of your life.

In order to claim damages, however, you need to establish a few things, such as:

• The victim is visiting the home and is not the gun owner
• The gun owner should be the owner of the house or have homeowners insurance.
• The nature of the shooting was accidental.

Remember that the laws concerning accidental shooting are very complex and take into account several facets of the law. Therefore, it is always advisable to seek the counsel of an experienced and reputable lawyer.

Virginia drivers are being charged and convicted of an offense that is not a crime under state law: driving without proof of insurance.

The General Assembly has debated the issue at least three times, but in each instance, a bill to require drivers to carry an insurance card or other proof of insurance has failed. Nonetheless, in several localities, drivers have been hit with hefty fines and court costs for failing to have proof of insurance, according to court records.

A Lynchburg lawyer was steamed when he was charged for not having an insurance card when he was stopped as he drove through Sussex County over Labor Day. He could have folded like some people do when a police officer issues a citation. But he went back to Sussex in November to fight and told the judge that he has been charged with a non-existent crime. The judge has not yet ruled in the case.

Virginia law does not even require a driver to have insurance. Owners can opt to pay a $500 uninsured motor vehicle fee to the Department of Motor Vehicles. Failure either to insure your car or pay the fee is a Class 3 misdemeanor, punishable by fines of up to $500, according to Virginia Code § 46.2-707.

The statute provides the same penalty for falsely verifying insurance and related infractions, but it does not make it an offense to drive without proof of auto insurance, lawyers confirmed.

Some Virginia police officers – both state and local – are misinformed about Virginia auto insurance law.

A state police spokesperson said troopers can and do charge drivers with failure to have proof of insurance under Code § 46.2-707.

State troopers routinely ask for a driver’s license, registration and insurance card during a traffic stop or crash investigation, according to Corinne N. Geller, Virginia State Police public relations director. Based on the response from the driver when asked about insurance, she said, troopers can either charge under Code § 46.2-707 or require the driver to use a form to provide proof of insurance to the DMV within 30 days.

Court records show local police have written tickets for “no proof of insurance” in Colonial Heights and Prince William, Sussex and Dinwiddie counties. One driver was fined $100 plus $10 in court costs after being found guilty in Sussex County in May.

A Richmond prosecutor acknowledged some insured drivers in that city are charged for failure to have an insurance card. The charge is dismissed when the driver brings the proof of insurance to court, the prosecutor said in an email forwarded by Commonwealth’s Attorney Michael Herring.

The Lynchburg lawyer charged in Sussex County, M. Paul Valois, decided to fight because the stakes are high for a conviction under Code § 46.2-707. The violation is a Class 3 misdemeanor, and making any false statement a “crime of moral turpitude,” Valois said. Once that conviction is on someone’s record, it could affect future employment or military service. For those reasons, Valois said, “I’ve got to fight it.”

There’s even more at stake. Other lawyers point out that a conviction under Code § 46.2-707 brings immediate license suspension by the DMV and requires payment of the $500 and proof of financial responsibility.

Valois may have a valid defense. Attorneys who reviewed the statute agreed it does not criminalize failure to have an insurance card in your car.

“Not having proof of insurance is not an offense in Virginia. It’s just incorrect,” said G. Barton Chucker of Richmond, a traffic defense lawyer.

Chucker also serves as a substitute judge hearing traffic cases in Richmond. He said the issue comes up every time he sits on the traffic court bench. He added he has seen a handful of police officers in Richmond who try to charge motorists with failing to have proof of insurance. He said he simply tells prosecutors, “It’s not the law.”

“The offense is not driving an uninsured motor vehicle,” agreed Lynchburg Commonwealth’s Attorney Michael R. Doucette. “The offense also is not failure to have proof of insurance while operating the vehicle on the highways. Virginia allows the operation of uninsured motor vehicles on the highways,” he said.

“Rather, the offense is having an uninsured motor vehicle and not paying the uninsured motorist fee of $500 per year,” Doucette said.

Chucker, Doucette and other attorneys agree that if a driver tells an officer there is no insurance on the car and he has not paid the $500 fee, the driver has earned himself a valid ticket.

“My guess as to where the confusion arises is everyone assumes that if a person had the $500 to pay the uninsured motorist fee, he would get at least a minimal insurance policy instead. So, if a motorist tells a law enforcement officer that he has no insurance, the officer presumes that he also has not paid the uninsured motorist fee,” Doucette said.

Doucette said requiring drivers to present either proof of insurance or proof of payment of the uninsured vehicle fee would go a long way to clear up the confusion.

Richmond traffic lawyer Bob Battle said it’s possible to make a mistake and misread the statute. “My guess is it is an officer who got out his little Virginia Code summary book and looked at the title of 46.2-707 and looked at the words ‘verification of insurance’ and missed the word ‘uninsured’ before ‘vehicle,’” Battle said.

And many drivers may be making a mistake as well, just assuming that proof of insurance is required. “People don’t know they don’t have to show the insurance card,” said Fredericksburg traffic lawyer Andrew F. Flusche.

Even though half of all head and brain injuries are a result of a driving accident, they occur in non-driving related circumstances as well. People working in the construction industry are more prone to traumatic head or brain injuries because of the nature of their work. Athletics, in particular intense contact sports, like football, boxing, and hockey, carry high probability of athletes suffering brain injuries.  Nature also poses unpreventable risks. Environmental injuries, like lightning, can cause serious brain trauma and even result in death.

Brain injuries are especially frightening due to their indiscriminate nature. They can happen to anyone, in any circumstances, at any time. As with any serious injury, a brain injury in causes a lifetime of changes for the victim and their family. The result is overcoming physical, cognitive and behavioral challenges for the rest of your life.

• 2 million head injuries occur each year in the U.S.
• 300,000 people suffer brain injuries that require hospitalization
• 99,000 of those result in a lifelong disability
• 56,000 people die each year as a result of traumatic brain injury

Brain injuries are devastating and life changing. Whether it is a direct result of a car accident, sporting incident, or residual effects of a concussion, an experienced personal injury attorney can guide you through the legal process, including dealing with insurance companies, medical practices and defendants.

Driver inattention is a leading factor in many of these crashes. It’s not just talking or texting while you drive. Drivers are distracted by mobile devices in many more ways. Whether it’s surfing the web, dialing a phone number, sending emails, or updating Facebook or Twitter, there are too many distractions at the fingertips of today’s driver. Driving while using a mobile device can easily be compared to as “driving blind”.

Recent statistics show that over a quarter of all crashes are caused by drivers using their mobile devices or texting while driving. These drivers are 4 times more likely to get into a crash serious enough to injure themselves or another driver. The statistics associated with distracted driving prompt the problem to be treated as a public health crisis. The good news is that these accidents and fatalities are entirely preventable.

Emroch & Kilduff has partnered with WTVR CBS-6 to promote National Distracted Driving Awareness month to citizens across Virginia. The “Wait to Text” campaign is targeted at helping families, parents and communities prevent distracted driving. Any age of driver is susceptible to distracted driving accidents, but kids and teens are the most vulnerable. This is why the “Wait to Text” campaign starts with the kids and involves educating the entire family

The most common misconception is that a train can and will stop if it sees something in its direct path.  This is untrue.  What people don’t know is that they are supposed to yield to an oncoming train.   If the lights and bar at the crossing are active, be patient and stop.  Many times victims think they can speed through the crossing before the bars are fully extended.  In other situations, the warning lights and bars are not properly functioning.  Both scenarios too often result in tragedy.  Exercise caution at crossings regardless of alerts or warnings.

There are several types of scenarios that occur.  Train to car is the most common type of railroad accident.  The second is a train to person collision.  A train can derail off the tracks and cause damage to nearby people or property. Trains can also derail and collide with another train.  If it is a passenger train, more serious injuries can occur.  Derailment happens in both urban and rural areas.  Both of these can cause significant bodily harm and damage to property.

If you or a loved one have been injured, or died as a result of a railroad accident, it is a very difficult time.  Is it important to talk with an experienced attorney for advice on receiving well-deserved compensation for damages and losses.

Virginia is a one-bite and contributory negligence state.  This means that each dog gets “one free bite” before the owner is charged for their dog’s aggressive behavior.  If the dog’s owner is found negligent, for example, disregarding a leash law in a public place, they can be charged regardless of the one-bite rule. Since some violations constitute negligence, charges can be filed.  However, if all local ordinances are obeyed and the dog has never previously caused bodily harm, the owner may not be found liable, and the victim may not receive any compensation.

Virginia is one of only 19 states that still implement the one-bite law.  The rest of the country has stricter standards and adhere to a “no free-bite” law.  Since many Americans fall victim to vicious attacks and bites each year, legislation is pushing for all states to impose stricter laws to better protect citizens from aggressive animals.

Regardless your state’s laws on dog bites, there are a number of things you can do if you or a loved one is the victim of an attack.  Identifying the dog is critical to proceeding with a claim for reimbursement or compensation. Even with the pain and suddenness of the event, make a mental note of the dog’s description and the location of the attack. If there are bystanders get their help.

Get yourself checked by a medical professional.  Too often do dog attacks and bites result in rabies transmission or the need for facial reconstruction and other surgery.  Seeking medical attention immediately is advised.

Consult with an experienced attorney for legal council after a dog bite.  An attorney can represent your case, and aide in getting you the compensation you deserve for injuries and damages sustained.  Having representation in a time of physical and psychological pain is important, and an experienced attorney can help guide you through the process of claim filing and legal action.