Hampton Roads- Attorney: Police office and sailor die in auto accident

Date: June 28, 2009

Location: Virginia Beach, VA

Type: Motor Vehicle Accident

Twenty-nine year old Norfolk Police officer, Eric Clay Hallstrom, of Chesapeake was one of two men killed in a car crash Friday night on Interstate 264 at Birdneck Road, according to the State Police.

The two men were traveling eastbound on I-264 at 6:51 p.m. when the driver switched lanes and lost control of the 2002 Honda CV, according to Sgt. Michelle Cotten, a state police spokeswoman. The vehicle ran off the road, struck the median and several trees, before overturning and ejecting the two men, Cotten said.

Norfolk Police officer, Eric Clay Hallstrom, was transported to Sentara Virginia Beach General Hospital, where he died from his injuries, Cotten said.

Miguel Ortiz, 21, of Florida, died at the scene. Ortiz was stationed at Naval Air Station Oceana.

State police did not release details of the accident due to the accident investigation.

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Norfolk, VA – Attorney: Driven taken to hospital after overturned tractor-trailer shuts down busy road in Suffolk

The driver of a tractor-trailer was taken to a hospital this morning after his rig overturned on U.S. 460.

The crash happened near Old Myrtle Road around 5:30 a.m., said Debbie George, city spokeswoman.  The driver changed lanes, ran off the road to the right, hit a utility pole and overturned, she said.  The driver was extricated and taken to Obici Hospital with what appeared to be minor injuries, George said.

It could take several more hours to get the road cleared, George said. 

There was no immediate word on the circumstances of the accident. The driver, whose name has not yet been released to the media, has been charged with reckless driving.

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Norfolk, VA- Attorney: Friday morning crash kills man after car flips over three times

Early this morning in a motorist died in a single-vehicle accident.

Police spokesman Wayne Gilbert said the man was driving a 1999 Ford Contour four-door sedan at a high rate of speed northbound on Bold Ruler Drive shortly before 2 a.m. The man hit a curb near Dam Neck Road, overcorrected and lost control as the car rolled over at least three times before striking a utility box, Gilbert said.

The driver, who was not wearing a seat belt, was ejected from the vehicle. He was pronounced dead at the scene.  The man has not been identified to the media, pending notification of his family.

Gilbert said investigators do not know if alcohol was a contributing factor.

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Norfolk, VA – Attorney: Laws for Damages in Virginia

Laws when you drive a motor vehicle

In regards to monetary damages, the law in Virginia allows the recovery of monetary damages if you are injured through no fault of your own in a motor vehicle accident. Unfortunately, there is no precise formula to determine the amount of damages. The judge or jury considers the following aspects in awarding damages in any personal injury matter:

Any bodily injury sustained and how these injuries affect your health according to the degree and duration;

Any physical pain and mental anguish suffered in the past or in the future;

Any scarring and any associated humiliation or embarrassment because of said scarring;

Any inconvenience caused in the past and that could possibly be caused in the future;

Any medical expenses occurred in the past and any that may be caused in the future;

Any earnings lost;

Any lessening of earning capacity that may be reasonably expected to be sustained in the future; and

Any property damage.

As such, the judge or jury looks at all of the appropriate elements in your case in coming to a proper award for the damages in your personal injury case. In regards to damages, the plaintiff has the burden of proving each of the elements of the damages and their particular case.

The fact that you have health insurance to pay some of your bills is not relevant when determining the amount of your award because the existence of health insurance does not affect the amount of damages. The monetary awards should be based solely on the testimony and the evidence presented in the courtroom based on the above eight factors.

Also, if the injured party had a condition before the accident that was aggravated because of the accident or a pre-existing condition that made the injury more severe or difficult to treat, the injured party may recover for the aggravation or for the increased severity or difficulty of treatment. However, the injured party cannot recover for the pre-existing condition.

Gross negligence gives you an opportunity to be awarded punitive damages in your case. The judge or jury can award punitive damages if the defendant acted with malice toward the plaintiff or acted under circumstances amounting to willful and wanton disregard of plaintiff’s rights, such as drinking and driving by the defendant. These damages are awarded to punish the defendant for his actions and to serve as an example to prevent others from acting in a similar way. In awarding punitive damages, the judge or jury specifically states that these damages are for punitive damages. The other damages are generally considered to be compensatory damages, which were previously discussed in the eight elements.

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Hampton Roads, VA – Attorney: Hampton man charged with DUI after driving vehicle into state trooper’s patrol car

Cleveland N. Robertson of Hampton, a 44-year-old Hampton man, was arrested on charges of DUI and hit and run Tuesday after he collided with another motorist and a state trooper’s car while traveling in the wrong direction in Virginia Beach.

About 1 a.m., state police received several calls about a driver heading west in the eastbound lanes of I-264 near Laskin Road, said Sgt. Michelle Cotten, a state police spokeswoman.

The driver crashed the 1992 Lexus he was driving into a sedan carrying two people, who suffered minor injuries and were taken to a hospital, according to a news release

Virginia State Trooper L.C. White saw the oncoming car and attempted to angle his vehicle along the left lane and left shoulder to stop the car. The oncoming car struck White’s vehicle and continued traveling another 100 yards before coming to a stop.

Robertson was charged with driving under the influence, two counts of felony hit and run and driving the wrong way, Cotten said.

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Norfolk, VA – Attorney: Police ID Motorcyclist Who Crashed and Died

Virginia Beach Police have identified the man who died in a crash over the weekend of June 21, 2009.

Jason Gregory Potts, a 38-year-old Virginia Beach resident, was pronounced dead at the scene in the 5700 block of Shore Drive, in Virginia Beach, Saturday night just before midnight.  He lost control of the motorcycle and struck a concrete median.

Police spokesman Adam Bernstein said Potts was operating a 2008 Harley Davidson traveling southbound on Shore Drive when he went through a red light at Diamond Springs Road.

Bernstein said alcohol is “being investigated as a contributing factor” in the accident.

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Norfolk, VA – Attorney: Local Virginia Beach Cop Charged With DUI

A Virginia Beach police officer has been charged with driving under the influence after he was involved in a crash June 21, 2009.  The Virginia Beach Emergency Communications Center received a report of an accident at the intersection of 20th Street and Pacific Ave. shortly after 2p.m., police spokesman Adam Bernstein said.

“Police located a two vehicle accident with no reported injuries. The driver of one of the vehicles was taken into custody and subsequently charged with Driving Under the Influence,” he said.

The driver was identified as Bryan Keith Womble, 36, a Virginia Beach Police Officer.   He was released on a $500 personal recognizance bond.  He has been placed on an administrative assignment pending the outcome of the investigation.

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Hampton Roads, VA – Attorney: Man dies after pickup truck hits pole, overturns

A 26- year-old Hayes resident, Thomas Grant III, died in a single-vehicle accident June 14th when his pickup truck flipped over in Gloucester.

Grant III, was pronounced dead at the scene, Sgt. Greg Mathias of state police said Monday morning.  Mathias said that at 6:35 p.m. Sunday, Grant was driving on Route 636 (Providence Road) near Route 1375 when he lost control of his 2004 Dodge Ram pickup truck and went off the road to the right. Grant then overcorrected to the left, struck and embankment and hit a utility pole, causing the truck to overturn.

Grant, was not wearing a seatbelt. Mathias said Grant did not appear to be traveling at an excessive rate of speed, and it was unclear if alcohol played a role in the crash.

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Hampton Roads, VA – Attorney:Bicycling in Virginia

Several jurisdictions in Virginia require that every person fourteen years of age or younger shall wear a protective helmet whenever riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path. The jurisdictions reporting such ordinances to VDOT are:

•  Albemarle County     
• Floyd County     
• City of Norfolk     
• City of Alexandria     
• City of Hampton     
• Orange County
• Amherst County     
• City of Harrisonburg     
• City of Petersburg
• Arlington County     
• James City County     
• Prince William County
• Clarke County     
• Town of Luray     
• Stafford County
• City of Falls Church     
• City of Manassai    
• Town of Vienna
• Fairfax County     
• City of Manassas Park     
• Town of Wise                    
• York County

  Where to Ride

  • Bicyclists must ride with the flow of traffic on the right side of the highway.
  • Bicyclists operating a bicycle on a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely as possible to the right curb or edge of roadway. Additionally, bicycles are not excluded from riding on the highway shoulder.
  • Bicyclists must not ride between two lanes of traffic moving in the same direction unless one lane is a separate or mandatory turn lane.
  • Bicyclists cannot ride more than two or more side by side on highways.  When riding two side by side, bicyclists cannot impede the movement of traffic, need to move into single file when being overtaken from the rear.  On a laned roadway, bicyclists shall ride in a single lane.
  • Bicyclists are not permitted to ride on Interstate and certain other controlled access highways. The restricted sections of the highways are marked with noticeable signs.
  •  Bicycles may be ridden on sidewalks unless prohibited by local ordinance or traffic control devices. While on sidewalks and shared use paths, bicyclists must always yield the right of way to pedestrians and give an audible signal before passing a pedestrian.
  • Bicyclists pulling onto a sidewalk or highway from a driveway must yield the right of way to pedestrians or vehicles already on the sidewalk or highway.

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Norfolk, VA- Attorney: Pedestrian Crossing Lynnhaven Hit, Killed

Michael Alex Indino, 59, died Tuesday morning after being hit by a sport utility vehicle as he tried to cross Lynnhaven Parkway near Primrose Lane.

Indino had crossed the southbound lanes of Lynnhaven shortly before 7 a.m. and he made it to the median, said Margie Long, a police spokeswoman. When Indino tried to cross the northbound lanes to catch a bus, he was hit by the SUV. Indino was taken to the hospital where he later died, Long said.

Witnesses told police that Indino was trying to cross the street while traffic was moving and was focused on the bus when he stepped into the path of the vehicle, Long said.

No charges are pending against the driver of the vehicle, according to Long.

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