Vehicle Accidents

Car Accidents

Most cases involving personal injury are the result of car accidents where you as an individual has been injured by a careless driver. It is not enough for you as a driver of your vehicle to do the best you can in trying to maintain every rule of the road when other drivers are not paying attention or are speeding to a degree and to an extent that their vehicle will collide with you causing you serious personal injury. A driver who negligently causes serious personal injury must compensate his victim for all the harm they have caused. Virginia law demands full and fair compensation. The law in Virginia will require the Defendant to provide you compensation for all past and future lost earnings and lost earning capacity, all bodily injuries, all physical pain and mental anguish, all scarring and disfigurement or deformity and associated humiliation and embarrassment, all past and future inconvenience, all past and future medical expenses.

Hopefully, the other driver will have adequate insurance to cover your damages. If not then we may look at if you had uninsured motorist coverage which will fill the gap should the other driver either not have any insurance or inadequate insurance to cover your serious injuries. Every personal injury case in Virginia must be adequately investigated by your attorney. Either I or my investigator will go out to the accident scene to see for myself as to how the collision occurred. Nothing replaces firsthand knowledge of adequately understanding how the collision occurred and the layout of the roadway at the time and place of the collision is paramount for the lawyer to understand what actually happened which goes far beyond just reading the accident report compiled by the police. I will also obtain all of your records relating to your injuries which will include but not be limited to ambulance reports, hospital emergency room records, records from all treating doctors, and records of any surgeries and will review them as they come in so as to determine which way your case is progressing so as to adequately and fully prepare for either mediation, arbitration or trial before a jury.

Bicycle Accidents:

Today’s bicyclists have just as much of a right to be on the road as motor vehicles. Unfortunately, many motorists do not seem to understand or appreciate or respect the right of a bicyclist to share the road in a fair and unencumbered manner. Cars pass bicyclists within inches or slam into them causing them injury and many times with crippling or catastrophic injuries. Bicyclists can incur head injuries including traumatic brain injury, brain contusion, concussion, skull fractures and intercranial hemorrhage. They can also suffer fractures, dislocations, and sprains; chest injuries, rib fractures and punctured lung(s) or abdominal injuries.

Unfortunately the motorist always wants to blame the bicyclist for weaving in front of the vehicle when in fact the bicyclist has done nothing of the sort. It is imperative for your attorney to find the witnesses through an investigator, if possible, as to how the collision occurred. In many instances there are witnesses soon after the accident but the police either fail to obtain their names and contact information or will write down the name of a witness who didn’t actually see the collision occur. Having an experienced attorney on your side is essential in these types of cases.

Motorcycle Accidents

Individuals using motorcycles are unfairly routinely blamed by motorists who collide with them. It is usually the motorist who has failed to give the motorcycle the right of way when in fact the motorcyclist was entitled to the right of way under the circumstances. Being knocked off a motorcycle can involve terrible injuries. The insurance companies in their defense would love to be able to convince a jury that the accident was all the motorcyclist’s fault while fully knowing that it was the fault of their own insured for not paying attention and not paying attention to the location of the motorcycle on the road in question. Motorcyclists and bicyclists have an equal right to the road as motorists. In many instances a motorist will attempt to squeeze out a motorcycle from their lane or will abruptly turn in front of a motorcycle ignoring them and not giving them the attention that they deserve on the road.

The types of injuries that a motorcyclist can incur are:

  • Spinal injuries
  • Fractures
  • Traumatic brain injuries
  • Post traumatic stress disorder
  • Death

Mr. Kaydouh will make every effort to get all of the witnesses to substantiate your case so that your rights will be vindicated.

Truck Accidents

Let’s be honest. Trucks are dangerous. They are dangerous to all of us. Anybody on the road for any reason should be in fear of a truck slamming into them. The usual negligence that occurs is when a truck driver has:

  • fallen asleep at the wheel
  • become distracted while driving
  • made unsafe lane changes
  • failed to inspect his vehicle for safety violations
  • been driving with defective brakes and equipment
  • been driving with an unsecured loan
  • been driving in unsafe weather conditions for the weight of their truck
  • been driving too close to your vehicle

Having a truck come down upon you in those circumstances constitutes a great likelihood that there will be colossal collision and you are going to be substantially injured. If in fact you have been injured in such a situation, it is imperative that all of records of the accident, including your medical records and that witness statements be gathered as soon as possible so as to put you case on a firm foundation and to put forth an adequate settlement proposal to the insurance company on your behalf.

Pedestrian Accidents

Nothing can be more tragic than an innocent pedestrian who is crossing a road at a green light or through a crosswalk, having the right of way, and is struck by a careless or speeding driver. Unfortunately this is happening all the time. The drivers routinely blame the pedestrian falsely claiming that they ran out into the street or didn’t have a green light, didn’t have the right of way, or weren’t in the crosswalk. It is the job of your attorney to go out to the scene of the accident or to send our investigator to interview witnesses to determine early on and this is essential, as to how the striking of the pedestrian occurred. Once the evidence is gone it is simply not available and it is our job to ensure that we hit the ground running in regards to getting the necessary witnesses that are available who can support your case. Virginia law requires a driver to yield to a pedestrian to avoid striking a pedestrian and places upon him the duty to avoid hitting a pedestrian by any and all means possible. Once a pedestrian has been struck by an oncoming vehicle the damages can be devastating. The pedestrian can occur spinal injuries, fractures, internal injuries, bleeding and last but not least traumatic brain injury which can cause a substantial disability for the rest of the pedestrian’s life.

Mr. Kaydouh has recently attained a substantial recovery for two daughters who lost their mother as a result of being struck by a bicyclist on the W&OD Trail. Read more on this under Verdicts and Settlements.

Drunk Driving Accidents

There are many people on the road today who should not be driving a vehicle. Why should they not be driving a vehicle? Because they have a long history of alcohol use and/or they are under the influence of alcohol or drugs. This is like having a bomb coming down the road towards your vehicle. You can be driving in the most safe way possible but there is no way you can anticipate what a drunk driver is going to do when their vehicle approaches your vehicle. The first thing that usually happens in a collision is the police arrive on the scene along with an ambulance and possibly the fire department. They make determinations right there on the spot as to whether or not the other driver is under the influence. In many instances, the police will not know what the individual’s true blood alcohol content (BAC) level is at the time of the accident until a breath test or blood test is administered. Once that information is acquired we will be able to know whether or not the other driver was in fact intoxicated and whether or not you may be entitled to punitive damages because of the high level of their BAC. In Virginia if the driver’s BAC is over 0.15 it opens the door to obtaining additional damages based upon punitive damages, damages under the statute designed to punish the other driver for their irresponsible and dangerous behavior. Of course, you can suffer any kind of injury as a result of a collision and if and when you do, we are here and fully experienced to acquire all the necessary documents to go forward with your case to prove that the other driver was in fact intoxicated, to prove if necessary that the other driver was over the limit of 0.15 entitling you to punitive damages and to prove whatever medical damages you have incurred as a result of being hit by a drunk driver.

Mr. Kaydouh has recently settled a case against a drunk driver and the case involved a request for punitive damages against the driver since his BAC was almost three times the legal limit of intoxication in Virginia. Read more on this under Verdicts and Settlements.

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