Frequently Asked Questions
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I recently rear-ended a car in Virginia Beach, Virginia that came to a sudden stop to make a right turn, but never put their blinkers on. Who is at fault?

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Car Accidents in Virginia Beach, Norfolk & Chesapeake

 A: The law in Virginia, written in the Virginia Model Jury Instructions states, “If the driver of a vehicle will affect the operation of another’s vehicle by turning or stopping, then the driver has a duty to give a visible turn signal; and/or brake light continuously for a distance of at least [100; 50] feet.”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit.  If the driver did not use a turn signal or break lights for at least 50 feet in speeds up to 35 miles per hour, or for 100 feet in speeds above 35 miles per hour, then that driver is negligent.

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I recently got diagnosed with asthma and COPD. My doctor think my lung problems could be related to my railroad job. Did I need to file an accident or injury report for this to be related to the railroad and to make a FELA claim?

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Railroad Injuries & Lung Cancer Cases in NC

No. There is no provision of FELA, the federal law that allows railroad workers to bring injury and occupational illness claims against their employers, that requires the filing of a written injury report in order to recover compensation under the act. Technically, the law properly known as the Federal Employers’ Liability Act imposes no duty or need for a harmed worker to ever file an injury report.We do recommend, however, that you file a report when you learn that your physical problems, disease or disorder has been caused by incidents or exposures to dangerous fumes or toxic chemicals while you were working on trains, in rail yards or on tracks.If your doctor believes your serious lung disease, cancer or health problems were caused by railroad workplace exposure to toxic substances, please call us for a free confidential consultation. These types of claims cannot be pursued under workers’ compensation laws. Railroad workplace injuries fall under the FELA, which, like workers’ comp, provides for compensation for medical expenses, lost wages, permanent injury, disability and other injury- or occupational illness-related costs.Learn more: As Carolina and Virginia attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks.

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I own numerous rental properties and one of my tenant’s dogs bit another tenant on my property. Am I responsible for those dog bite injuries?

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Serious Injuries in VA

The answer is usually no. The law in Virginia does not transfer liability to the owner of a rental property for a tenant’s animal. However, it might be a good idea to require your renters to have get renters’ insurance, which is like home owners’ insurance, but for tenants. Then, the insurer will take care of paying and defending any claims for injury or death caused by pets at the apartment building or house.
Furthermore, Virginia follows the law commonly referred to as the “one bite rule.” This means the dog owner is shielded from civil liability the first time each of his or her animals attacks another individual, if the attack was not intentional or due to negligence. For example, if the owner caused the dog bite by breaking a leash law, then that person could be held legally liable. If the animal was known to have dangerous propensities, the owner can sometimes be held responsible for even the first time it breaks skin.

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