Even the most experienced driver can find winter roads and conditions challenging. It’s simple to forget that the pavement is slippery or that you need to drive or maneuver slower to account for these conditions. But, when a lack of care leads to an accident on winter roads, the results can be devastating.

How Common Are Winter Car Accidents? It might seem logical that more road accidents would happen during the winter, but this isn’t necessarily the case. In fact, most accidents happen during the summer months and on weekends, when there are more drivers on the road. But that doesn’t diminish the threat of a car crash during the winter months. The Federal Highway Administration reports that about 70% of the roads in the U.S. are in snowy regions, and Virginia certain has its fair share of snow in the winter. Each year, there are more than 156,000 crashes due to icy or snowy roads, resulting in over 116,000 injuries and more than 1,300 deaths.

Common Causes of Winter Car Accidents Each year, 24% of weather-related vehicle accidents happen on icy, slushy, or snowy roads, and 15% occur during times of sleet or snowfall. Poor winter conditions not only create slippery pavement but will also reduce visibility and cover up markings, which can create additional hazards.

Here are some of the most common causes of winter car crashes:

Driving Too Fast for Conditions Speed is the most common cause of motor vehicle accidents in the Commonwealth of Virginia, but speed and winter conditions don’t mix. Drivers with a habitually “lead foot” are more likely to cause accidents at any time, but this can be deadly on icy and snowy roads. The speed limits are set at a certain level for a reason, and exceeding them can result in a vehicle hydroplaning or sliding into the path of another car, causing serious harm.

Obstructed Windows It can be tough to see when snow or sleet is blowing across the road. But when a driver fails to properly and fully remove ice and snow from their windshield and windows before getting behind the wheel, this can spell disaster. A proper scraper and de-icer are a must to maximize visibility.

Speeding It’s a fact that it will take a driver longer to get from one place to the next during a blizzard than it will during a sunny spring day. Drivers that don’t consider this basic math are more likely to speed in the worst conditions possible and become a danger to themselves and everyone else on the road.

Following Too Closely It makes sense that stopping on slippery roads can be treacherous, but that doesn’t seem to stop many drivers from clinging to the bumpers of the vehicles in front of them. AAA says that the normal following distance in dry conditions is three to four seconds. But, this should be increased to eight to ten seconds in winter conditions. So, when a vehicle passes a landmark, the next driver should be a minimum of eight seconds behind them.

Braking Issues Braking in winter conditions is a skill that every driver should learn. Instead of jamming on the breaks, they should be slowly pumped. If the driver behind you isn’t following too closely, there should be plenty of room to stop safely. If a driver doesn’t brake properly, it can lead to fishtailing and dangerous crashes.

What to Do After a Car Crash in the Ice or Snow Winter car accidents are dangerous and frustrating. No one wants to be out in those conditions. And now you’ve been hit by another vehicle and have to deal with an accident scene. If this happens to you, follow these steps to stay safe and protect your rights:

• Get to safety. Secondary accidents are more common during the winter because of poor visibility and reduced braking ability. Either move your car, if it’s driveable, or yourself to a safe spot.
• Call 911. Get immediate medical attention for yourself and anyone else that has been injured. Also, request that the police come to the scene for documentation.
• Preserve evidence. If possible, take some photographs of the accident scene and damage. Collect the details of everyone involved as well as any witnesses. Report the accident to your insurance company, but don’t give anyone a recorded statement.
• Speak with an attorney. Car accidents are frustrating enough, and winter weather can make everything more challenging. A skilled personal injury attorney can handle every aspect of your accident claim while you focus on getting better.

Contact an Experienced Virginia Car Accident Attorney If you have been injured in a snow or ice-related car crash due to another party’s negligence, The Pack Law Group will aggressively fight to safeguard your rights. We will investigate your claim and help you pursue the parties responsible for fair and just compensation. Contact our Bedford office today at 540-586-7225 or reach out to us online to schedule a free consultation. We never collect a fee from you unless we obtain a favorable outcome in your case.

Am I Allowed to Carry a Handgun in Virginia?

We often get this question from residents of Virginia because the laws vary state-to-state. Be sure to check before you make any decision about carrying a handgun in Virginia or elsewhere, as the laws change frequently. The short answer is yes, you can carry a gun in Virginia, even without a permit. Virginia does not require a permit for what’s known as “open carry,” which means the gun is in its holster and visible and is in the possession of someone at least 18 years of age. The same law applies to a gun carried in a vehicle as long as it is in plain view on the seat. There are exceptions that apply to the average citizen, not law enforcement, military, or a licensed security guard:

• A semi-automatic rifle or pistol that holds more than 20 rounds of ammunition cannot be carried in public.
• A silencer attached gun cannot be open carry.
• Shotguns equipped with more than seven additional rounds cannot be open carry.
• Some facilities and stores may discourage or ban open carry.

Not all municipalities agree with open carry. Some disallow the open carry of assault weapons that carry multiple rounds or are equipped with a silencer. Check the cities of Alexandria, Fairfax, Falls Church, Newport News, Chesapeake, Norfolk, Richmond, Virginia Beach, and the counties of Arlington, Henrico, Fairfax, Loudoun, and Prince William. On the other hand, with no permit, a gun can be carried in a vehicle as long as it is in a container or compartment within the vehicle, such as a center console, glove box, or trunk. It can be loaded and available to the driver. There is an exception. A county may make it unlawful to carry a loaded rifle or gun on any public street as may a place of employment.

Concealed Carry For a concealed weapon, however, the law is completely different. According to the state Code of Virginia, 18.2-308, for a concealed weapon, the owner must have a license or permit, be at least 21 years old, pass certain training, and may not have any disqualifying criminal convictions. After paying a fee of $50 to the circuit court in their county of residence, the applicant must undergo a background check. The applicant is also required to take a class on gun safety and some areas will require fingerprints. The permit should last for five years and may be honored by other states, but check before you travel cross-state. A violation of the concealed weapon statute is a Class 1 misdemeanor in Virginia.  A second violation is a Class 6 felony, while a third is a Class 5 felony.

Shall Issue While many assume gun laws have made carrying more difficult in Virginia, the opposite has happened. Until 1995, it was up to the discretion of the locality whether or not to issue a permit after the applicant made a request to carry. Virginia is a “shall issue” state, meaning that unless there is a compelling reason why a permit should not be issued, it will be.  According to The Virginian-Pilot, the “shall issue” concept is catching on and now 36 states grant permits to carry a concealed weapon to almost everyone who asks.

Private Property and Guns Not everyone is in favor of guns on their premise, so private businesses and landowners can prohibit firearms on their property, whether a concealed weapon or open carry. Whether a bar, a hospital, a bank, church, a store, or restaurant, all have the discretion to ban guns or make them off limits. Assume a school, airport, military base, courthouse, or any other federal property will not welcome a weapon, whether open carry or concealed. Look for any prominently posted signs to let you know the rules.

Stand Your Ground Although it is controversial, Virginia is a “Stand Your Ground” state. That means as long as you are not involved in a conflict, if you feel threatened you can stand your ground and use your gun to defend yourself. There are varying scenarios and each side will have a different story to tell. Contact the Pack Law Group in our Bedford, Virginia offices at (540) 586-7225 if you have the need to discuss your questions with an experienced team of criminal defense attorneys.

How is Child Support Calculated in Virginia?

When a marriage is no longer viable, couples often choose to divorce. It is a tragedy and not the way you expected your life to unfold. It is also wise to be informed and know your rights in order to preserve them, especially when children are involved. We will help you decide if you want to file a fault or no-fault divorce.  If children are involved or you do not have a written agreement, you will have to wait one year before you can file for a no-fault divorce. You may want to enter into a legal separation which is available on the grounds of a fault divorce. Others want a complete break and choose a “complete” divorce.

When Children are Involved

When you have children, things become a bit more complicated. When children are involved and there are issues of support or alimony and you do not agree with your spouse, you will have to opt for a contested divorce. In that case, expect the assets of both sides to be assessed as well as the liabilities. We will want to know the relative worth of each of the parents. Some property is jointly owned, some individually. That may include items or property that was acquired before the marriage. You will need skilled legal help during this phase when the court considers the division of assets and how long you were married to determine the level of support. What is the earning power of each spouse? Who should the children live with? The custodial spouse may have the children live with them while the other partner receives a visitation schedule. How liberal that is depends, in part, on the couple. Is the separation friendly or is there animosity? You generally want to work these things out with your former partner, rather than have a court decide these important matters.

How to Determine Child Support

Each parent is expected to contribute financially to support the minor children. The calculations come down to math and are laid out under the child support guidelines in the Virginia Code. For example, say a non-custodial parent has an income of $5,000 a month. He has an obligation of $755 a month for one child, $1,136 a month for two children and it goes up from there. Any custody arrangements would be considered in determining the payments. In a sole custody case, the child support is determined by adding the monthly support obligation to costs for health care coverage and child care costs. The child support depends on what percentage each parent pays into the combined income. Shared custody will determine how much each parent pays. The support is based on how much time the child spends with each parent. Exemptions might include a person who is disabled, institutionalized, or in prison. If a parent is poor, the court has an option to set a payment below the statutory minimum provided that it does not impair the parent’s ability to support a livable housing and provide for basic necessities. If your salary is lowered through no fault of your own, the court may take that into consideration, if it is not deliberate. Conversely, if one’s income increases, the child support payments are likely to increase. Fail to pay child support and in Virginia you are guilty of a Class U misdemeanor punishable by a fine of up to $500 and a year in jail or both. Child support continues until the child reached the legal age of adulthood at 18, unless the teen is still living at home. The custodial parent can then petition for child support beyond the age of 18, at least until the child graduates from high school or reaches the age of 19. If the child is disabled mentally or physically, child support can continue beyond the age of 18 if the child lives in the home of a custodial parent. The lawyers at the Pack Law Group can explain divorce and child support issues during a complimentary consultation. We can be reached at our offices in Bedford, Lynchburg, Roanoke and central Virginia at 540-586-7225.  Let us help lighten the load on you as the divorce proceeds. We can help you work toward finalizing your divorce and child support matters.

One of the most common forms of aggressive driving, as recognized by the National Highway Traffic Safety Administration (NHTSA), is tailgating. Tailgating is a driving practice where one vehicle follows another too closely. Tailgating often leads to rear-end accidents, some of them severe based on the speed of travel of both vehicles. Being involved in any type of accident is always a hassle, even if there are no injuries. There’s still a lot of paperwork, dealing with insurance companies, and filing police reports that cause a lot of anxiety. And an accident that results from tailgating is no different.

Common Accidents Caused by Tailgating

The rear-end collision is one of the most common vehicle accidents in the United States, occurring 28 percent of the time when there is a crash, according to data from the NHTSA. When one vehicle follows too closely to another it often leads to a rear-end collision, because the vehicle following too closely has a lowered reaction time. For example, if a car cuts off the vehicle in front and that vehicle slams on its brakes, the trailing vehicle will likely have trouble stopping before it hits the lead vehicle. Another common accident caused by tailgating is the accident involving road rage. Road rage often comes into play with tailgating because the lead vehicle driver gets frustrated with the vehicle following too close to them. The lead vehicle will sometimes brake check the trailing vehicle, which is slamming on the brakes for no reason at all but to upset the trailing driver or let them know that they are not happy with the tailgating. When the lead vehicle brake checks, it often causes an accident that results in an angry feud. Tailgating accidents are also the result of weather issues, such as snow, sleet, rain, fog, or ice. It is recommended that during inclement weather drivers leave plenty of distance between their vehicle and the vehicle in front of them. Inclement weather can prevent drivers from being able to see the vehicle in front of them clearly, which can affect their judgment or depth perception. Tailgating might not be done on purpose in bad weather, but it can still lead to a tragic accident.

Injuries Caused by Tailgating Accidents

Every motor vehicle accident can result in a range of injuries that are either minor or severe. Cuts, scrapes, bruises, broken bones and head trauma can be caused by any type of crash. The injuries that can be caused by a tailgating accident include the following:

• Fractures
• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Neck injuries
• Damage to internal organs
• Whiplash
• Death

The extent or severity of the injuries will depend on the speed at which the two vehicles collided, the angles at which they made impact, and other factors. Many believe that tailgating couldn’t cause a tragic accident resulting in TBI or another serious condition or death because of the lack of distance between the two vehicles. The sad fact is that a tailgating accident can lead to catastrophic results if there is enough speed and force involved.

What to Do if You Are Being Tailgated

If you ever find yourself being tailgated in Virginia, you need to know how to handle the situation. First and foremost, you should never brake check the vehicle behind you. This can cause an accident and even a fight if the trailing driver exhibits road rage. Try to change lanes, if available, to get away from the driver tailgating you. If you do not have another lane available, turn off the road and wait for the vehicle to pass before resuming travel. Tailgating can turn into a serious situation if not handled appropriately.

Contact an Experienced Personal Injury Attorney

Were you or a loved one injured in a tailgating accident in Virginia? If so, it is important that you protect your legal rights immediately by contacting an experienced personal injury attorney. There is so much that can go wrong when you try to handle the aftermath of an accident on your own, especially in a state like Virginia, where a plaintiff can be barred from recovering damages if they are found to be even 1% at fault for the underlying accident. This makes it all the more important to secure strong legal counsel as early as possible. Call the office of the Pack Law Group today at 540-586-7225 to schedule a free consultation or send us a message through our online contact form.