There is a doctrine recognized in Virginia known as “Last Clear Chance“. It applies mostly in auto crash cases but not exclusively there. The doctrine says two things. First of all, if the plaintiff negligently placed himself in a position … Continue reading
Distracted driving is a frequent cause of auto crashes. Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving may be negligent entrustment. There is … Continue reading
Discovery To Driver Truck accident discovery is critical. Trucks are complex. The relation between the company and the driver is complex. What follows is a series of proposed Interrogatories to the driver and then secondly to the company. Exams 1. … Continue reading
Insurance coverage is important in truck accident cases. Developing all sources of insurance is critical in any truck accident case. Auto Accidents with Trucks-Insurance-MCS-90 Get copies of all of the policies of insurance. They apply to the tractor, the trailer, … Continue reading
Auto Accidents with Trucks-Investigating In investigating truck crashes, aside from focusing on the causes, consider the following: Motor Carrier Issues Confirm the trucking company is a motor carrier engaged in interstate commerce. Study the Federal Motor Carrier Safety (FMCS) Regulations. … Continue reading
Truck accident lawsuits are hard fought and complex. Our roadways are loaded with large trucks. They are called 18-wheelers. These are mammoth vehicles. They occupy their entire lane. They are driven by experienced drivers. However these drivers make mistakes. Auto … Continue reading
In Virginia jury instructions, a motor vehicle crash is referred to as being an accident. The word “accident” does tend to downplay the seriousness of what happened. That is, saying that something was just an accident means that no one … Continue reading
Taxicabs are generally thought of as being common carriers. Va. Code § 46.2-2061 states that nothing in the article regulating taxicabs is to be construed to make them a common carrier. That doesn’t mean they’re not a common carrier. However … Continue reading
In personal injury cases it’s quite common that attorneys use an expert witness. They may be used either by the plaintiff or the party being sued. An expert witness is a witness who either by reason of education, training or … Continue reading
In many types of car accident cases there arises an issue of who is a resident relative. The resident relative may be entitled to coverage held by other relatives that are members of that same household. State Farm v. Smith, … Continue reading
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
© 2024 Brien Roche Law
