I pride myself in helping clients through their toughest times.- Bill O’Mara
Attorney at Cooper Hurley Injury Lawyers
Fatal Wreck Closes Down 164 Western Freeway in Portsmouth
By Mike Snellings, Portsmouth Injury Lawyer
Whenever I read about a crash involving fatalities, I always become saddened at the thought of whether the wreck could have been avoided. This morning, on Route 164 in Portsmouth, a single-car wreck at 3.09 a.m. resulted in one man losing his life and another being transported to a local hospital with life-threatening injuries.
Attorney Bill O'Mara talks about the rights of passengers in car wrecks
Few details of the man who died have been released and it’s not yet clear if he was a driver or a passenger. As a personal injury attorney in Hampton Roads, I occasionally get asked about the rights of passengers in vehicles involved in accidents, especially single-vehicle accidents. Many times, passengers who are seriously injured do not seek legal assistance because they do not want to sue the friend or family member they may be riding with. This is the reason a driver of a vehicle carries insurance. It would be no different if you were a stranger.
You should not assume a driver would not want you to make a claim for your injuries and suffering if he or she is a friend or a family member. The driver will most likely want you to be compensated for the pain caused by his or her error. If you were to file a claim, his insurance premiums would not increase significantly solely for that reason. The accident will have already been added to his driving record.
Many times the claim of a passenger is actually easier in that there are typically no issues of contributory negligence – that is, your own negligence being a partial cause of your injuries. Virginia has strict contributory negligence laws which disallow someone who has been injured to recover if they are found to be even 1 percent at fault. Luckily, passengers often do not have to deal with this issue.
I wish a speedy recovery to the occupant of the vehicle facing life-threatening injuries from the wreck, and my deep condolences to the family of the man who tragically lost his life.
Single vehicle accidents are the most common kind in the United States.
Serious Injuries Reported in Hampton Boulevard Crash
I was saddened to read of another accident that occurred early Friday on Hampton Boulevard in Norfolk. Police say the crash involved one car, and happened around 3:25 a.m., close to the intersection of Hampton Boulevard and Bedford Avenue. The occupant of the car was seriously injured.
If you have been injured in an accident due to the fault of another person, please call Cooper Hurley Injury Lawyers at 757-455-0077 for a free, no obligation consultation. Whether a driver or passenger in a vehicle, we can advise you of your legal rights to make sure you get properly compensated for your injuries.
John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.
Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.
Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.
Cooper Hurley awards three $2,000 college scholarships annually to high school seniors in the Tidewater and Eastern Shore areas of Virginia. Eligible students can submit an essay of 500 to 1,000 words on the subject of Distracted Driving. We established this program to aid worthy scholars and to raise awareness of the tragic consequences of distracted driving, which we encounter too often in our practice.