McLean Law Blog

Woman crossing street dies in Virginia pedestrian-auto accident

On behalf of Roeder, Cochran, Phillips, PLLC posted in personal injury on Thursday, June 13, 2019.

Much has been said about the danger pedestrians in Virginia face as they are on the road and crossing the street. However, people who adhere to the rules, walk in crosswalks and try to make sure they are safe expect to avoid being in a pedestrian-auto accident. Unfortunately, that is not always enough and frequently people are injured and lose their lives in these crashes. Since pedestrians do not have any protection, they are enormously vulnerable to injuries and death in a pedestrian accident. For people who have been hurt and families who are suffering after the loss of a loved one in this type of crash, one of the few options they have for closure is to file a lawsuit to be compensated.

A 65-year-old woman who was crossing the street in the crosswalk was hit by a car and killed. The accident happened at around 10:30 p.m. Emergency responders were called to the scene and found that a man, 75, driving a 2019 Buick sedan had hit the woman. The street where the woman was crossing does not have a traffic signal, but she was at the intersection and crossing legally. No charges have been filed against the driver. The investigation is continuing.

Breaking the divorce news to your children takes planning

On behalf of Roeder, Cochran, Phillips, PLLC on Monday, June 10, 2019.

The decision to divorce is difficult for most adults to make. One thing that can complicate the situation even more is when you have to tell your children that their parents are splitting up. It is usually best if you make a plan for breaking the news before you have to take that step.

One thing that might make it easier is if you and your ex can discuss it with them together. This does a few things that can help the children through the transition. First, it shows them that their parents will continue to work as a team. Second, it gives them the chance to share their concerns with both parents. Third, it ensures that all information being passed around is shared with everyone in the same manner.

Virginians label being a distracted driver greatest highway risk

On behalf of Roeder, Cochran, Phillips, PLLC posted in personal injury on Friday, May 31, 2019.

Driving in Virginia can always be dangerous, but there are certain activities that are increasing the risk every day. Being a distracted driver places others on the road in jeopardy. In a recent survey, residents of the Commonwealth discussed their biggest fears on the road. The greatest fear is now distracted driving. People who have had an auto accident with injuries and fatalities should be cognizant that it might have been due to distracted driving and understand the importance of legal advice when considering a lawsuit.

In the survey of more than 2,000 state residents, distracted driving topped the list of concerns. Next came drivers who were aggressive, drivers who were under the influence of drugs, drowsy drivers, drivers who went beyond the speed limit and drivers who did not wear seatbelts. Distracted drivers were said to cause dangers to others, show irresponsibility, behave selfishly and to be deadly. The survey was conducted anonymously and was done online.

How is child support determined in Virginia?

On behalf of Roeder, Cochran, Phillips, PLLC on Tuesday, May 21, 2019.

Divorce is never easy. Everyone goes into marriage with good intentions, and the dissolution of that marriage can lead to emotional and financial hardships. Things get even more complicated when children are part of the equation.

If you’re a parent, you want to protect your children’s best interests once your marriage ends. And often that means contributing to your children financially. Virginia, too, wants to look out for your children’s welfare, and that’s why they’ve created guidelines for child support.

What should I know about family law and a premarital agreement?

On behalf of Roeder, Cochran, Phillips, PLLC posted in family law on Friday, May 17, 2019.

In Virginia, when some couples get married, they will try to protect their interests by having a premarital agreement. In others, they will have an agreement after they have gotten married to address various changes to their situation. Since this can be a complicated issue in family law and there are circumstances where either side will believe that the agreement is unfair and should not be upheld, it is imperative to know the law when there is a divorce and there was a premarital agreement. A law firm that understands all aspects of family law should be contacted for help.

Knowing what can be in a premarital agreement (also referred to a prenuptial agreement) is a foundational aspect. The following can be addressed in a premarital agreement: property division, the rights and obligations regarding property depending on when and where it was acquired; the right to dispose of or manage property; how property is disposed of when the couple separated, divorces or if any other incident related to the marriage happens; whether there will be spousal support and how much it will be; the creation of an estate plan; ownership of a life insurance policy; which law will govern the agreement; and other matters related to the marriage.

Pedestrian-auto accident numbers in Virginia are concerning

On behalf of Roeder, Cochran, Phillips, PLLC posted in personal injury on Thursday, May 2, 2019.

In Virginia, there is a growing trend of pedestrians and bicyclists being injured and losing their lives in crashes with motor vehicles. This is a problematic issue that seems to be getting worse. With the number of drivers who are distracted behind the wheel, it is no surprise that pedestrian crashes have spiked. Since there can be serious injury and fatalities when a pedestrian is hit by a car, it is wise for those who are in an accident to be aware of all the potential problems they will face in the aftermath and prepare for a legal filing to be compensated.

The problem of pedestrians being injured and killed in an auto accident is particularly worrisome in Fairfax County. So much so that officials have put a new initiative into action to reduce its frequency. More than one-third of traffic deaths in the area involve a pedestrian or a cyclist. In 2019, 43 pedestrian accidents have happened with eight deaths and more than 40 people being injured. In 2018, there were 174 pedestrian accidents, 16 deaths and 196 people were hurt. Three pedestrian deaths since December were hit-and-runs.

Litigation continues to swirl around Virginia hotel rehab project

On behalf of Roeder, Cochran, Phillips, PLLC posted in business and commercial disputes on Thursday, April 25, 2019.

The lawsuits are piling up.

First came the claim approximately two years ago from a Richmond architectural firm alleging that it was not timely or fully paid for work it did on a hotel rehabilitation project on I-95 near Petersburg.

With family law, how do the child's best interests factor in?

On behalf of Roeder, Cochran, Phillips, PLLC posted in family law on Friday, April 19, 2019.

A Virginia divorce is inevitably difficult for the spouses as they part ways. As they sift through their family law issues, some of the most complex parts of the case center around children. This is linked to custody and visitation and is often the foundation for significant dispute. For the parents, it is important to put the children's best interests first. Often, as they disagree and there are likely lingering factors from the marital breakdown sowing discord, the children can get caught in the middle. The law of the Commonwealth takes steps to watch for the best interests of the children in these cases.

When coming to a determination on the best interests of a child, the court will consider multiple factors. The child's age, physical and mental condition will be considered with specific focus on the developmental requirements and how they are changing with the passage of time and the end of the marriage. The parents will also have their mental and physical condition assesses. The child and the parents' relationship with one another will be key. Consideration will be given as to whether there will be a positive outcome from the child having a relationship with the parents and if the parents can oversee the child's needs in a physical, intellectual and emotional way.

Bicycle-auto accident kills elderly rider in Virginia

On behalf of Roeder, Cochran, Phillips, PLLC posted in personal injury on Thursday, April 4, 2019.

In McLean and across the Commonwealth, many people get back and forth via bicycle. Not only is this a good way to stay in shape and active, but it saves money and is a positive for the environment. Regardless of the safety procedures riders follow and the caution they exhibit, sharing the road with a motor vehicle is always dangerous. When there is an auto accident between a car and a bicycle, the rider will inevitably suffer the worst of it. There can be serious injuries and death. After such a crash, people who have been hurt or lost a loved one should think about a legal filing for compensation.

A 77-year-old man died after he was hit by a car as he rode his bicycle. The accident happened in the evening at around 5 p.m. when a 1998 Volvo tried to pass the rider and there was a collision. He was taken to the hospital after a brain injury and he died there. The driver, a 59-year-old woman, was heading north when she attempted to pass. The rider was taken for treatment via helicopter, but the medical professionals were unable to help him. According to the law, bicyclists are granted the same rights to the road as drivers. If a driver is seeking to pass a rider, the vehicle must be driven at a "reasonable" speed with three feet granted to the rider. The most recent stats for the Commonwealth from 2017 say there were 14 bicycle fatalities on the road.

What will the court consider when awarding spousal support?

On behalf of Roeder, Cochran, Phillips, PLLC posted in family law on Thursday, March 21, 2019.

For Virginians whose marriage has reached the juncture where they can no longer remain together, the decision to divorce is not a simple one. A litany of family law issues will be part of the process. One that frequently invites dispute is spousal support, alternatively referred to as alimony. In general, one spouse will be ordered to pay support to the other. The amount will hinge on a variety of factors. Understanding these factors and the circumstances that dictate how much will be paid is an important aspect of a case.

The court will assess what sparked the end of the marriage and the grounds for divorce. It will consider the parties' financial resources, their obligations and their needs. This will include the income each receives regardless of where it comes from. In any marriage, there will be a standard of living that the couple shared. With spousal support, the receiving party will be expected to maintain that standard of living. The court will consider how long the couple was married. The parties' condition - mental, physical and their age - will be part of the process as will special circumstances. These issues and any special circumstances can also include children from the marriage with the custodial parent being unable to seek employment due to the need to care for the child.