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Fairfax County Legal Blog

Potentially liable parties in a truck accident case

Sometimes, the cause of an accident seems obvious. For example, a driver looks down at a cellphone and hits the vehicle ahead. However, there are also times when the circumstances leading to the crash are much more complex, particularly when those circumstances involves a commercial vehicle.

Determining all liable parties in a commercial truck accident may involve extensive investigation.

Myths vs. reality: How easy is it to avoid a slip-and-fall?

Whether at work or running errands around town, possibilities abound to fall and become injured. You do not have to work in a hazardous environment to risk slipping and falling, but your employer could require workers to wear non-slip shoes regardless. After a spill at your office or supermarket, someone may put up a sign warning about the wet floor. Exactly how effective are the usual measures in preventing everyday slips and falls for people in Virginia?

You, your employer and others may believe it is only a matter of common sense and the right protective gear to prevent falls in public and at work. However, EHS Today challenges some of these longstanding beliefs by presenting ways you and others may easily fall despite preventive measures.

3 ways to help your car accident case

Being in a car accident often makes people feel as though they do not have much control over what happens. In the time following the crash, you may continue to feel as though you have to depend on others for decisions that affect your wellbeing.

Taking an active role can help you by aiding your recovery and increasing your chances of success in obtaining compensation for your losses. The following points offer a good way to start.

3 tips for passing a field sobriety test

Field sobriety tests are one of the most common measurements law enforcement use to assess a person's level of intoxication. Despite multiple studies that have called the accuracy and ethical implications of these tests into question, officers still often default to the one-leg stand, horizontal nystagmus and walk-and-turn tests to gauge inebriation. Luckily, there are a few tips you can adopt that can help you pass an FST.

According to the Virginia Department of Motor Vehicles, there are over 7,000 car accidents involving alcohol in the state each year. It is understandable that law enforcement would seek to minimize these numbers, but sometimes innocent drivers are wrongly accused because of reliance on FSTs.

Three myths about field sobriety tests

Field sobriety tests have been a staple of DUI traffic stops for decades. If a law enforcement officer pulls over a person suspected of drinking and driving, it is likely he or she will be subjected to at least one of these tests. According to AAA, the three most common include the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus. All of these are intended to test a person's physical coordination to gauge inebriation.

There are many misconceptions and myths surrounding field sobriety tests, though. Many people are pulled over and act according to false information given by the officer or misinformation that they have heard previously. You should be aware of the following myths so that you do not fall prey to misinformation.

How are theft, robbery and burglary different?

If you are accused of stealing something in Virginia, you could face charges of theft, robbery or burglary depending on what you allegedly did and how you allegedly did it. All three of theseĀ are property crimes, but while similar, each is its own separate crime and requires its own separate evidence in order to convict you.

The evidence to convict you of theft, a/k/a larceny, must establish that you stole personal property from someone with the intent not only to steal it, but also to permanently deprive your victim of it.

Factors known to impact Breathalyzer accuracy

Seeing those blue lights come on in your review mirror can prove incredibly unnerving, and so, too, can undergoing a breath test after a law enforcement official stops you on suspicion of drunk driving. Conducted using devices known as Breathalyzers, breath tests give authorities an idea of your level of impairment behind the wheel. Depending on the results of your breath test and whether authorities formally charge you with drinking and driving, you may face harsh penalties, if convicted.

Because the repercussions of drinking and driving in Virginia can prove considerable, it is critical that the results produced by your breath test are completely accurate. Unfortunately, however, this is not always the case, as there are a number of outside factors that can affect Breathalyzer accuracy. These factors can include the following:

FAQs about criminal record expungement in Virginia

A few months ago, law enforcement arrested you on criminal charges. You were innocent, though, and the judge acquitted you of all charges. You believed the whole experience was over and done, but now, an employer has run a background check and the hiring manager says there's a problem: You have a criminal record.

This is an unfortunate outcome of an arrest, but in Virginia, you may file a petition to have your record expunged.

4 mistakes to avoid with a slip-and-fall claim

As a result of building owners' negligence, people slip and fall all the time. While most people end up feeling fine after an incident, the National Floor Safety Institute estimates that approximately 8,000,000 emergency room visits occur annually as a result of slip and falls. 

One action to always take after a slip and fall is to consult with an attorney. However, you want to make sure you do not jeopardize your claim by failing to take specific actions in the aftermath of the accident.

What to do if a car hits you as a pedestrian

Drivers need to learn to share the road with pedestrians when they have the right-of-way. According to a report from NPR, the number of pedestrian fatalities in the United States increased by 11 percent between 2016 and 2017. 

Hopefully, you will never find yourself in a situation where a vehicle strikes you as you cross the street. However, it is important to remain informed so you know how to react if this awful event happens to you. 

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Fairfax, VA 22030-7528

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