Have you been injured in an auto accident? You should call me for a free consultation (434) 660-9701. Let me use my experience with injury compensation cases to obtain the maximum value for your auto accident injury case. I am a Lynchburg Car Crash Attorney.

U.S. Injury Attorney

Today, in the United States the insurance industry has spent millions if not billions in order to manipulate the masses into believing that those who make an auto accident injury claim are making it up. Though this may be true for a small percentage of persons, for the vast majority, an injury claim for compensation is absolutely justified. Insurance companies conduct psyops on the population and it really saves the insurance company billions in subdued insurance claims. Unfortunately, this is often at the detriment of basic right and wrong.

Lynchburg Injury Cases

For example, many clients have said things to me like “I don’t want to be a bother” or “I don’t want to waste your time,” the only time wasted or bother made is not providing you everything you are entitled to. By ensuring insurance compensation, it makes society safer. Insurance companies have a lot to do with the efficiency v. safety balance. In other words, if unsafe conditions become expensive for the insurance company to insure, they will do things like lobby for department of transportation to put up signs, guard rails or even certain designs of vehicles. However, if compensation is not pursued insurance companys will not do much. The reality is, most safety measures are written in blood.

Lynchburg Car Wreck Lawyer

Lynchburg Car Wreck Lawyer

Another example prior to becoming an attorney years ago is when I had a family member that was killed in  a car crash. The mother and father of the young lady did not want to make a wrongful death claim against the at-fault driver because they didn’t want to seem greedy to the behest of their deceased child. This is a false perception because let me tell you, insurance companies have no soul. They  are soulless. The insurance company should have given the full policy limits to that mother and father immediately however, they remained silent on the sideline padding the pockets of their shareholders.

If you have been injured in an accident or your loved one has been killed in a car crash, you should call me for a free consultation (434) 660-9701 because insurance companies and their representatives are not for you they are for their shareholders. I am a Lynchburg Car Crash Attorney and I am here to help.

Lynchburg Auto Accident Attorney

Lynchburg Car Crash Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

Car accidents occur everyday in Virginia. Virginia residents also pay auto insurance premiums everyday. If you have been in an auto accident, you may be entitled to insurance compensation. You should call me for a free consultation at (434) 660-9701. I am a Virginia auto accident attorney. The following is an evaluation of data from an article published by the Virginia Department of Motor Vehicles.

2022 Virginia Auto Accident Facts:

From 2021 to 2022 there was an increase of 1.1% of vehicles and drivers in Virgina. However, from 2021 to 2022 there was an increase of 3.8% of persons killed from an auto accident. The relation of increase of percentage of persons killed from an auto accident in light of the increase in vehicles and drivers tends to suggest that Virginia roads are becoming less safe. And, this makes sense when we take into consideration Virginia’s recent legalization regarding marijuana.[2]

Alcohol related crashes also saw an increase over the increase in percentage of drivers, in that there was an increase of 2.4% over 2021 to 2022 from alcohol related crashes. Drinking and driving can have a serious impact on a motor vehicle operators’ ability to diligently control their vehicle. It is best to not have anything to drink prior to driving. Not only was there an increase in alcohol related crashes, there was also an increase in alcohol related fatalities of 10.9%. This suggests that these types of crashes are increasing with frequency and severity.

Pedestrian related crashes represented a 5.5% increase from 2021 to 2022. This is a drastic increase. Pedestrian related fatalities represented a 36.8% increase. Maintain proper signaling and reflective gear when commuting Virginia as a pedestrian. Do not wear dark colors if traveling on a road that does not have sidewalk especially at night.

If you or a loved one has been injured in an auto accident, you should call me for a free consultation (434) 660-9701

[1] 2022 Virginia Traffic Crash Facts, https://www.dmv.virginia.gov/sites/default/files/documents/crash_facts_22.pdf

[2] Title 4.1. Alcoholic Beverage and Cannabis Control, https://law.lis.virginia.gov/vacode/title4.1/chapter11/section4.1-1100/; DeFusco & Desk, It's official: Virginia legalizes marijuana possession starting this summer, https://www.wfxrtv.com/news/regional-news/virginia-news/its-official-virginia-legalizes-marijuana-possession-starting-this-summer/

Virginia Auto Accident Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

Punitive Damages

In Virginia, punitive damages are damages above special damages or in layperson’s terms over and above the damages that are clearly identifiable on your medical bills. Punitive damages are above and beyond the regular damages such as medical bills, lost wages, pain and suffering and, property damages. When we think of punitive damages, these are the damages that are allocated to an injured party when hear the circumstance of the injury and are shocked by the audacity. Penalty damage would be another way to refer to punitive damages. If you have been in an accident where someone was "road rageing" or drunk when they caused the accident you should call a punitive damages attorney.

Virginia Law

In Virginia, punitive damages are typically available in three sets of circumstances:

“The court has examined the cases in which the Supreme Court has found sufficient evidence of willful and wanton conduct in the operation of a motor vehicle to support submission of the issue of punitive damages to the jury. All of the cases in which the Supreme Court found a sufficient factual basis for a finding of willful and wanton conduct involving operation of a motor vehicle, involved one of three scenarios: (1) excessive use of alcohol plus very dangerous driving maneuvers; (2) acts supporting a finding that the injuries were intentionally caused or (3) the defendant creating an extremely hazardous condition contrary to specialized training.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018)

Punitive Damages for Drunk Driving Car Accident

Drunk Driving Accident

Drunk Driving Accident

Usually, punitive damages are generated when a tortfeasor has done something that is illegal in the commission of their tort. For example, in a car accident, this is often when a drunk driver causes an accident severely injuring a client. I have represented clients for drunk driving accidents. One of my clients, was sitting at a stop light when a drunk driver slammed into her going over 35 miles per hour. The impact caused my client severe injuries. My client was forced to go to medical treatment for several months just to be able to go to work again. Needless to say, the damages were substantial. Punitive damages were applicable because the party at-fault for the injuries was committing the crime of driving while intoxicated at the time of the accident. The at-fault party later pleaded guilty to § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

Punitive Damages for "Road Rage" Car Accident

Punitive Damages Attorney

Punitive Damages Attorney

The standard for punitive damages varies. Another one of my clients was injured in a road rage accident. The at-fault party that rearended my client was swerving at my client, flicking my client the middle finger, and generally harassing my client. Fortunately, my client got this on video otherwise we would have had a difficult time proving the road rage part of the case. Road rage is a crime and amounts to aggressive driving. The at-fault driver was guilty of Virginia Criminal offense § 46.2-868.1. Aggressive driving; penalties. The Virginia code specifically references “(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.”

Policy Limits for Punitive Damages

Road rage accident Lawyer

Road rage accident Lawyer

I had an additional client that initially did not report his auto accident road rage case as a road rage case to the authorities. Initially, he came to my office wanting to pursue a medical negligence case. I always provide clients or potential clients with a free consultation. While listening to my client, I realized that I could quickly help him obtain the full Uninsured Motorist Policy limits for him from his own insurance policy limits.

His circumstances where unfortunate, a road rage perpetrator was cursing at him on the road and followed him almost to his house. When he was at a stop light the road rage perpetrator rearended my client slightly. My client was forced to stop and provide the perpetrator with his information, because that is the law if you are in an auto accident. Upon exiting his vehicle and attempting to do so, my client was severely beaten up, even suffering a brain bleed. Because it was initially reported as an assault and battery and, not an auto accident injury the insurance company did a brief fact finding investigation including an examination under oath. After my clients deposition detailing the event, we were able to secure the full insurance policy limits for my client. § 18.2-57. Assault and battery; penalty

Conscious disregard for the rights of others

Virginia case law is specific on when punitive damages are available in a car accident involving an at-fault party that is far beyond the standard of mere negligence.

“In determining whether punitive damages may be considered by a jury in an automobile collision case, the trial court's inquiry is limited to ascertaining if reasonable persons could differ in their conclusion whether the defendant's negligent conduct, considered in its entirety, was so willful or wanton as to show a conscious disregard for the rights of others.” Lovelace v. Moser, 98 Va. Cir. 315, 316 (Cir. Ct. 2018).

The Standard

This standard has been repeated throughout Virginia case law. "acting consciously in disregard of another person's rights or acting with reckless indifference  to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another." Griffin v. Shively, 227 Va. 317, 321, 315 S.E.2d 210, 212-13 (1984).

If you have been injured in a car accident as the result of another person’s illegal punitive conduct, you should call me for a free consultation (434) 660-9701.

Lynchburg Punitive Damages Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

Premises Liability Cases in Virginia

Virginia is not a plaintiff’s friendly Commonwealth.Consequently, Virginia is a commonwealth where contributory negligence applies. Essentially, where a plaintiff has contributed to their own injury, it may be a complete bar to any recovery. That said, you should take advantage of a free consultation from an Attorney (434) 660-9701. Often clients will take advantage of a free consultation not knowing they have a claim for compensation. Clients have called before when they have a claim for compensation for something they did not contemplate. Lynchburg Slip and Fall Attorney

Slip and Fall Cases in Virginia

There are several factors that go into whether an injured party has a claim for compensation with regards to a premises liability case or slip and fall case. The court will examine several factors in order to determine if the case will even make it to a jury.

It is well established in Virginia that “store owners must maintain reasonably safe facilities for their invitees” or patrons. Specifically, the storeowner “owes an invitee the duty of using ordinary care to maintain its premises in a reasonably safe condition and to warn…of any hidden dangers.”

Courts Analysis:

Dangerous Condition:

“The plaintiff in a premises liability case must prove the existence of and unsafe or dangerous condition on the premises.” For example, “Virginia courts have typically recognized that certain conditions are unsafe as a matter of course, such as a wet or slippery substance on the floor of the premises, or the presence of an unexpected object lying on the floor."

Knowledge:

"To recover against the owner, an injured invitee must show that the owner had knowledge, actual or constructive, that a defect existed and that such defect created an unsafe condition.":

    1. Actual knowledge, or: Actual knowledge is exactly that, that the storeowner knew the condition was dangerous and did nothing about it.
    2. Constructive knowledge: "Constructive knowledge or notice of a defective condition of a premise ... may be shown by evidence that the defect was noticeable and had existed for a sufficient length of time to charge its possessor with notice of its defective condition." Furthermore, "if the evidence fails to show when a defect occurred on the premises, the plaintiff has not made out a prima facie case."

Proximate Cause:

"A plaintiff must show why and how the incident happened.... If the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover. The general rule in Virginia is that a plaintiff must, in order to establish a defendant's negligence, prove why and how the incident happened; if the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover. Negligence cannot be presumed from the mere happening of an accident.... The evidence produced must prove more than a probability of negligence and any inferences therefrom must be based on facts, not presumptions."

Contributory Negligence:

The Plaintiff must not have contributed to their own injury.

Conclusion

Virginia Law on Premises Liability cases have a strict standard. The Court will set aside verdicts on a broad standard. This includes that if the verdict was based on as “the result of surmise, speculation and conjecture." If you have been injured on someone else’s property, you may be entitled to compensation and you should call me for a free consultation (434) 660-9701.

It must be noted that all of the quoted information is from Virginia Case Jefferson v. Kroger, L.P. I, 2014 (United States District Court for the Eastern District of Virginia, Richmond Division November 3, 2014, Filed). This case is still good law as of the date of posting this article.

Lynchburg Virginia Injury Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

What is Discvoery? Discovery is essentially the evidence. Discovery is the process of gathering the evidence and information that can later be used at trial. Often, at the end of discovery, the case will settle. This is because at the end of discovery we know what the evidence will likely show and what a verdict will most likely look like.

Criminal Proceeding:

In criminal cases, depending on your state, the discovery process may be different. For example, in some states criminal defendants are permitted to depose the arresting officers and witnesses. In other states they are not permitted to depose the witnesses or it is typically not allowed.

Civil Proceeding:

Civil discovery is usually large amounts of information gathering. For example, in a car accident case the insurance companies defense attorney’s usually request all sorts of information in order to get an amount they are willing to offer in settlement. This can be positive or negative for the case, it just all depends on the facts.

Discovery Motions:

In criminal cases in Virginia, there are discovery motions. Some are to compel the government to provide to the defense what the government intends on using at trial. Some localities use a form of “open” discovery. However, a lawyer will likely want to get a discovery order anyway soo that the government cannot spring anything on them at the last minute. For example, the any evidence that may be used in a criminal case, a criminal defendant will likely want to use a private investigator or expert witness to review the evidence and inquire into the credibility of the evidence.

In civil cases, discovery motions are usually motions to compel discovery, motion to protect certain kinds of discovery and motions for extensions of time to respond to discovery. These are the most common kinds of discovery motions.

I have experience with both civil and criminal discovery motions. You should call me for a free consultation (434) 660-9701

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblrBlogger, RedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

What is a Deposition? A deposition is typically when a lawyer asks a witness a series of questions prior to or out of court, wherein a court reporter is present and recording the entire statement. This is for the purpose of later being used at trial or in a court hearing. If you have an upcoming Deposition, you should call me for a free consultation (434) 660-9701 Depending on your state, a deposition can either be in a Criminal or Civil proceeding.

Civil:

In Civil Law, a party is usually permitted to take depositions of other parties and witnesses. The transcripts or sometimes even video recorded depositions are later be played to a jury. This Often, depositions in Civil proceedings are used for the purposes of settlement. Civil proceedings are usually primarily about money damages. Sometimes they can be about more then money damages like, injunctions.

Criminal:

Virginia does not typically have criminal proceeding depositions. Florida does though. In Florida, your criminal defense attorney is permitted to depose the police officer prior to trial. In Virginia this is not allowed. Virginia does however, have preliminary hearing wherein the arresting officer is usually called to testify, in which case this can be recorded or transcribed by a court reporter.

Lynchburg Deposition Attorney:

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

A mediation is essentially a meeting. Mediations are usually a meeting where all parties to a case meet and in front of a neutral party present their case. The neutral party or “mediator” reviews the information and then discusses their opinion of the case. If you are a party to a civil suit, you should call me. I am  a Lynchburg Virginia Attorney.

Non-binding

Usually, mediation is non-binding. Unlike arbitration, where the parties are bound by the decision of the neutral party or arbitrator. In mediation, the parties can take it our leave it. The opinion of the mediator can either be followed or the parties can continue to litigate the matter.

Experienced Civil Attorney

In a lot of states, mediation is mandatory prior to putting a case to a jury. And, in states where mediation is not mandatory a judge will usually Order mediation before a trial. This is because judges do not like to waste jurors time. It is an effort to settle cases prior to calling a jury from the community to and having them sit and listen to a case. Judges like settlements, it frees up their case loads and gets them extra vacations.

Jurys have to take time off work or their lives to come to a jury trial. This can be cumbersome on the community and cost the system a lot of money. Sitting on a jury is however, a United States Constitutional duty. If you have been called to a jury, you should take your duty seriously and respectfully.

Mediation in practicality

Mediation is a good way for both parties to lay everything out on the table and negotiate the case. Often, good civil case offers come from Mediation. I have settled several cases at mediation. I am an experienced Lynchburg Virginia Attorney. You should call me for a free consultation (434) 660-9701.

The negotiations that take place a mediation are usually a good way for both parties to a case to see everything that is going on in the case and understand the perceptions of a neutral party. The truth is though, a lot of cases do not settle at Mediation.

Lynchburg Mediation Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

Causes of Rear-End Accident

Understanding the Common Causes of Rear-End Accidents is important to preventing these types of accidents. If you have been injured in a rear-end auto accident, you should call me for a free consultation. I am a Motor Vehicle Accident Attorney (434) 660-9701 A substantial number of auto accidents are rear-end crashes. Following to closely can be a cause of a rear-end crash.

What causes most rear end accidents:

Distracted driving:

Distracted driving accidents are a real problem in the United States. Basically, the Centers for Disease Control identifies three types of distracted driving. Moreover, the three types of distracted driving are visual, manual and cognitive. Visual is taking your eyes off the road. Manual is taking your hands off the wheel. Cognitive is taking your mind off driving.

The CDC further identified that 3,100 people were killed because of distracted driving in 2019. Often, we do not get these statistics until a few years after the fact, because the information takes time to be collected. What was an unfortunate fact is that 1 in 5 of the people who died from a distracted driver in 2019 were walking, riding bikes or not in a vehicle.[1]

Driving while using the cellphone:

Driving while using a cellphone is illegal in Virginia. § 46.2-818.2. “Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty. It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.”[2]

In Virginia, Driving while using a cellphone is a primary offence. , the difference between primary and secondary offences is what you can get a ticket for and what an officer can pull you over for. A primary offence is something an officer can pull you over for. For example, if an officer sees you using a cellphone, they can pull you over. If an officer sees you do not have a seat belt they cannot pull you over but can give you a ticket for not wearing a seat belt if you have been pulled over for another reason.

Drunk driving:

Drunk driving is never ok. It is never ok to drink and drive. Every year people in the United States are killed because of drunk driving. If you have been injured as a result of a drunk driver, you should call me for a free consultation. I am a motor vehicle accident attorney. Consequently, drunk driving accidents carry with them punitive damages. Nevertheless, punitive damages have a multiplier effect and can quickly add up. I have secured substantial settlements for drunk driving accident clients.[3]

The National Highway Traffic and Safety Administration collects and disseminates information about drunk driving accidents. According to NHTSA 37 people a day die from drunk driving accidents.[4]

reckless driving:

Reckless driving is a crime in Virginia.[5] Subsequently, it was made a crime to deter this conduct. Reckless driving is the source of a lot of auto accidents injuries. In many states, reckless driving, like drunk driving, brings with it punitive damages. Subsequently, I have secured punitive damage settlements for clients that have been injured in reckless driving auto accidents. Usually, insurance companies move a little quicker with the level of negligence amounts to recklessness.

Depending on the state the accident happened in, if you have been the victim of a reckless driving accident you may be entitled to punitive damages. Some states do not recognize all conduct as a punitive damages warranting event. In contrast, the driving laws in the United States very substantially from state to state. For example, in the Commonwealth of Virginia, a hit and run accident may not entitle you to punitive damages while in Florida it certainly will.

For example, one of my former clients was driving along a highway when another driver approached from the rear, went into the oncoming lane beside them and was forced to swerve and side swipe my client in order to avoid a head on collision. This was reckless driving. I was able to secure the full insurance policy for my client.

road rage or aggressive driving:

I have secured settlements for clients that have been injured as the result of a road rage and aggressive driving accident. Likewise, one of my clients was rear ended after being berated and followed by a person perpetuating road rage. I must commend it when an insurance company does the right thing and provides a substantial settlement for what was clearly conduct that is unacceptable. My client was being followed, flicked off, cursed at, threatened with a much larger vehicle then my client was in and eventually rear-ended. Luckly, we had proof of all of this conduct and were able to secure a settlement.

Road rage may be on the rise. “The number of aggressive drivers has increased steadily since America went back to work following the pandemic.”[6] There are several road rage aggressive driving cases in Virginia every year and sometimes, they result in death.[7]

Road rage is not acceptable and if you have been injured as a result of a road rage accident you should call me for a free consultation (434) 660-9701. Aggressive driving is also a problem in this country, we are all on the road together so be safe out there and considerate to others.

Conclusion

If you have experienced a rear-end collision, the first thing you should do is call your local authorities. The second thing you should do is call a motor vehicle accident attorney. A motor vehicle accident attorney can focus on getting you maximum compensation for your auto accident. The insurance companies are not on your side. Even though you pay premiums, once you have a claim often they turn on you.

[1] https://www.cdc.gov/transportationsafety/Distracted_Driving/index.html

[2] https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.2/

[3] https://chriswhitelawyer.com/results/

[4] https://www.nhtsa.gov/risky-driving/drunk-driving

[5] https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-868/

[6] https://advance-lexis-com.eu1.proxy.openathens.net/document/?pdmfid=1516831&crid=44e713ef-a39b-41c6-809c-e6d891fea635&pddocfullpath=%2Fshared%2Fdocument%2Fnews%2Furn%3AcontentItem%3A67BV-R1S1-DXVP-V410-00000-00&pdcontentcomponentid=152567&pdteaserkey=sr0&pditab=allpods&ecomp=tmnyk&earg=sr0&prid=6d67e9fd-705e-4fa4-be80-e0802748d332

[7] Canipe v. Commonwealth, 25 Va. App. 629 (1997)

Lynchburg Motor Vehicle Accident

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube ChannelInstagram, FacebookTwitter, LinkedInTumblrBloggerRedditRumbleTruthSocialPatreonVimeoThreadsYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

100 Tradewynd Dr. Lynchburg, VA 24502

9424 Baymeadows Rd Unit 250, Jacksonville, FL 32256

1701 Pennsylvania Avenue NW Suite 200, Washington, DC 20006

 

Tort Law and The Economics of Sovereign Immunity[1]

I hate and detest falsehood but I love your law.”[2] We need a return to the biblical law standard and the older common law approach to tort law. This is because the economic impact of fraudulent local prosecutors would be held in check. Where “there is a set standard of conduct, and the Court looks at the facts of the case, determines whether the facts of the case meet or fall short of the standard, and based upon that determination decides liability.”[3]

Tort law is implicated through the doctrine of sovereign immunity. When our nations prosecutors engage in frauds on the court, the should incure Tortious liability. It is a tort against the falsely accused, the innocent. The economic damages are insurmountable, but those in power deny that.

The current law and economic approach is instead focused upon setting a rule that will minimize incidents in the future.[4] At first glance this seems like a great idea, but upon implimentation, the authorities are prosecuting innocent people. Not just innocent, blantatly innocent, obviously independantly proven innocent. What it has resulted in is total unaccountability for state actors. Really, what we should be asking is what is the truth and pursuing that. That is not what is happening in our government today, it is a “might makes right” agenda and bulldoze people that we are just exercising a “we don’t like” analysis. The is the current state of federal, state and local justice departments. Personally, I think God is going to serve them with what they got coming soon enough. God only allows injustice to go forward for a limited time, and then the rubber band snaps back.

There Must Be Limits To Absolute Prosecutorial Immunity

“The current system of absolute prosecutorial immunity fails when prosecutors fail to “seek Justice before victory.”[5] For this reason the Court must reexamine the doctrine of absolute prosecutorial immunity.”[6] Arbitrary government decisions by those charged with fair enforcement of the law is a violation of the law. “To permit criminal prosecutions to be initiated on the basis of arbitrary or irrational factors would be to transform the prosecutorial function from, one protecting the public interest through impartial enforcement of the rule of law to one permitting the exercise of prosecutorial power based on personal or political bias."[7] Governments routinely charge based on arbitrary government decision making. In recent years this is certainly true. This is a foundational affront to the rule of law.

Throughout this brief, I find it is extremely difficult to refer to Virginia prosecutors as “Commonwealth Attorneys” because that is not what they are. The basis of the proceedings against a number of accused citizens were not for the good Commonwealth of Virginia, but were based on personal bias and not a fair enforcement of the law. As we sit here in the United States, where Law enforcement and political agenda meet, there is dark underbelly of corruption.

The economic impact of false persecutions are so huge they cannot be over stated. The torts of defamation, malicious prosecution, intentional infliction of emotional distress and false arrest. This conduct can have lifelong economic impact. The system has to change, the state actors must be held accountable for their own actions.

Arbitrary Government Decision Making

A prosecutor acting contrary to seeking justice and instead pursues arbitrary government decision making sees prosecutorial discretion that is “ill-served by granting [absolute immunity] it in cases when [a prosecutor] acts without colorable authority.”[8].  As it sits today, when applied to the conduct of Commonwealth Attorney’s offices, the doctrine of absolute prosecutorial immunity, does not serve the interests of justice. To the contrary, it only serves as permission for prosecutors to conduct themselves however they want. Acting without any regard to the law and foundationally contrary to the pursuit of justice, all while facing zero accountability for their actions.

There must be a civil remedy

Holding prosecutors civilly liable for their dishonorable, unethical and outright fraudulent conduct on this nations courts and citizens must not be permitted. When absolute prosecutorial immunity was established, fraud on the court was not in the minds of those creating the doctrine. Because it was unimaginable that those entrusted with fair enforcement of the law, and serving the community would conduct themselves in a manner in which this nations prosecutors do. Absolute Prosecutorial immunity never considered that prosecutors would exercise their extraordinary power without doing so judiciously, in the pursuit of justice.

Absolute prosecutorial immunity has evolved into a zero accountability systematic “get out of jail free card” to conduct a fraud on the U.S. Court system and deprive U.S. Citizens of their Constitutional, Biblical and International Human Rights. Absolute Immunity provides prosecutors with zero accountability for their conduct. Prosecutors have displayed numerous times throughout their proceedings that they do not conduct themselves objectively that instead they exercise a “I don’t like this person” analysis and therefore I should put them in prison based on utterly unfounded accusations. The number of people exonerated from death row because of irrefutable DNA evidence is an undeniable fact that prosecutors get it wrong.

When we speak about the economic impact of falsely imprisoning someone, we must consider the billions of dollars this is likely affecting. In the United States we live in a mass incarceration society. We imprison more people per capita then any other developed nation on this planet. Even if it’s a fraction of a percent of them that are innocent, that number would be in the thousands. This is also know as billions in economic impact.

Systemic Abuse and Change

Currently, there is a premium on winning as opposed to pursuing a just result. Prosecutors are evaluated, not based on their measure and good judgment in the pursuit of justice, but on “winning” (convictions). This is an affront to the foundation of jurisprudence and the Oath every attorney takes before being admitted to the bar. Prosecutors are permitted to not point to evidence in frauds on the court, they seek to foundationally undermine the law. This has often led to absurd circus's in the court system.

One in six reversed capital cases was the result of “prosecutorial suppression of evidence that the defendant is innocent.”[9] Read that last sentence again and then pray to God about what you “thought” you knew before you read this. Prosecutors seek to have exculpatory evidence of their own experts excluded from trial. Prosecutors lie right to Judge’s faces about evidence they have been shown in previous hearings, and ignore digital prima facie evidence that entire proceedings are a sham.

Endless U.S. Constitutional and Human Rights Violations.

A prosecutor’s job creates multiple moments of power and authority over a life-changing process, and with zero accountability and no incentive to pursue justice, the system has become rot with abuse of power. Prosecutors may even seek to delay a trial for the unjust purpose of their own personal bias or prejudice.[10] Prosecutors seek to delay trials for no other purpose then to submit pain and suffering of a continued persecution on their victims.

Where defendants seek to get the quickest trial date available, prosecutors force delay after delay after delay. Not for the purpose of just proceedings but for the sole purpose of infliction of emotional distress on the defendants and their families. The fact that they have no accountability whatsoever for Their actions and our elected officials dissociative indifference to the conduct of their subordinates will only see a deprecation to the good community. This is a human rights violation.[11]

Using Perjured Testimony

Prosecutors use absolute immunity to “knowingly use perjured testimony.”[12] Prosecutors blatantly ignore their own investigator testifying that false accusers commit perjury. Prosecutors will also make impermissible remarks or attempts to introduce improper evidence at trial.[13] Prosecutors purposefully and in an effort to undermine direct Court Orders by Judge’s not to refer to a previous hearings because of the improper prejudicial nature do so while cross-examining defendants in front of the Jury. This is a crime in and of itself.

Government Transparency

One thing is certain is that our government even the local government should be dismantled and carefully put back together. As it sits, a defendant can request that the whole trial be videotaped so that the public can know what an absolute fraud on the Court even Bethany Harrison of the Lynchburg City Prosecutors office will allow. But the judges can still deny that request. Fact is people in power want you to take the sodomy they dish out and if they are wrong they want no accountability for that. One of the few protections we have in this country is public hearings.

In Lynchburg City and all courts, you should be allowed to video tape a proceeding. Otherwise people that are false accusers will get away with their lies. Prosecutors can act insane with no accountability and when its time for a falsely accused to get their life back. Potential employment will no longer be available because whole thing was absolutely nonsense but there is no way to show it on video. In today's modern era, Court hearings must be recorded on video.

The economic impact of this knows no bounds. If the public does not know the particularities of everything surrounding what our local Lynchburg City Prosecutors office will do, they will destroy the well-built Law Firm of the falsely accused. Where before the authorities conducted their unwarranted sodomy a falsely accused had a productive law firm with economical viability, now its destroyed and no one cares.

Zero Accountability for Prosecutorial Misconduct

Alternative checks on a prosecutor’s power is almost never effective and certainly not a conduct changing deterrent. As it sits, internal office discipline is the only real redress a defendant can hope for. This is almost never effective as a deterrent to what really amounts to criminal conduct of a prosecutor themselves. If any other lawyer acted in a way that our country’s prosecutors do, and not been a prosecutor, they would have been brought before the Bar and at a minimum civilly sued.

Electoral Process

The only real check on prosecutors misconduct is the prospect of losing an election, however this provides little to no deterrent to a prosecutor determined to violate a defendants’ U.S. Constitutional, Biblical and International Human rights. Most of the time voters do not even know who the Constitutional violating prosecutors are as their conduct is often suppressed or not made abundantly aware to the public until years later. And, this is certainly so in a small professional community of personal relationships between attorneys in a smaller locality. This environment makes it less likely that misconduct and fraud on the Court will be reported by neutral parties.

“Forty-five of the fifty states elect their chief local prosecutors. But in these elections, most prosecutors run unopposed. When the incumbent prosecutor runs for reelection, he or she is often the only candidate in the election. According to one study, eighty-five percent of incumbent prosecutors run unopposed in general elections. And, when they are opposed, prosecutors win their elections in nearly seventy percent of those races.”[14] The errors of a prosecutor acting without good faith can have disastrous and extreme affects on a defendants future, family’s and communities with generally no accountability.

“Prosecutors can engage in unequivocal misconduct—misconduct that is labeled as such by a federal court judge—and face no professional or criminal comeuppance.”[15] “The prosecutrix further abused her power by using the very situation she had created against the defendant in closing argument.”[16] Prosecutors abuse their power and oath to seek justice. Elected prosecutor Bethany Harrison exercises arbitrary government decision making that is a selective enforcement of the law. Bethany Harrison’s Office subverts basic U.S. Constitutional, foundations of jurisprudence, Biblical and International Human Rights law.

Prosecutors undermine the system, violate obvious rules without sanction and abuse power with no repercussions. Prosecutorial immunity must be limited. “Absolute Immunity leaves the genuinely wronged defendant without civil redress even against an indisputably and identified malicious or dishonest action that deprives him of liberty, dignity and protection of law.”[17]

Absolute Prosecutorial Immunity as a policy is misguided.

“[T]he common law recognized a fundamental ‘distinction between unauthorized acts and discretionary acts,’” with resulting “‘strict liability for acting outside of the authority enumerated by the Constitution.’[18] The Court must reevaluate prosecutorial immunity. We must return to the Common Law that held prosecutors liable for actions that exceeded the authority of their office.

Christian Worldview

What we must consider when evaluating Absolute Prosecutorial Immunity is that there are few individuals in our society that have no accountability for their conduct. That has created a license to do whatever you want and disregard the rights of others. All while basing your conduct on personal bias. This has maculated into a “might makes right” system, while trampling the rights of the falsely accused. That is not the purpose of the Immunity Doctrine, but that is what it has evolved into.

Lynchburg, Virginia

Ultimately, Bethany Harrison’s office, is a human rights violating office. What we need is someone similar to Jim Durkin. “Ill never be accused of being soft on crime, but I’m more interested in seeking the truth than a conviction.”—Jim Durkin (Illinois House Minority Leader) [19] The truth should be sought before the government is allowed to just sodomize an accused finances, future, employment, and most importantly the sanity of their family. As it sits, if the accused is not of the radical alt-left mind virus that has infested the Downtown Lynchburg Virginia authorities, it must be justified.

Citations

[1]Anilao v. Spota, No. 22-539 (2022)(the following essay has been written with various points of law that the amicus brief from of law enforcement action partnership)

[2]Psalms 119:163 (King James)

[3]Chrisman, Law & Economics, 75 (2016)

[4]Id.

[5]Miller v. United States, 14 A.3d 1094, 1107 (D.C. 2011)

[6]Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[7]United States v. Torquato, 602 F.2d 564, 568 (3d Cir. 1979)

[8]Snell v. Tunnell, 920 F.2d 673, 696 (10th Cir. 1990)

[9]David Keenan, Deborah Jane Cooper, David Lebowitz, & Tamar Lerer, The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct, 121 YALE L. J. 203, 209–11 (2011)

[10]Brady v. Maryland, 373 U.S. 83 (1963)

[11]Universal Declaration of Human Rights, December 10, 1948 ,United Nations General Assembly Resolution 217 A.

[12]Mooney v. Holohan, 294 U.S. 103, 112 (1935); Alcorta v. Texas, 355 U.S. 28, 31–32 (1957); Napue v. Illinois, 360 U.S. 264 (1959)

[13]Griffin v. California, 380 U.S. 609 (1965)

[14]National Study of Prosecutor Elections, The Prosecutors and Politics Project, U. N.C. (February 2020), at 4, available at: https://law.unc.edu/wp-content/uploads/2020/01/National-Study Prosecutor-Elections-2020.pdf; Ronald Wright, How Prosecutorial Elections Fail Us, 6 OHIO STATE JOURNAL OF CRIMINAL LAW 581, 593–94 (2009); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[15]Id.

[16]United States v. Golding, 168 F.3d 700, 703 (4th Cir. 1999)

[17]Imbler v. Pachtman, 424 U.S. 409 (1976); Anilao v. Spota, No. 22-539 (2022)(Amicus Brief)

[18]William Baude, Is Quasi-Judicial Immunity Qualified Immunity?, 74 STAN. L. REV. ONLINE 115, 123 (2022).

[19]Justin Brooks, “You May Go to Prison, Even Though You’re Innocent,” 83 (2023)

Criminal Justice Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedIn, Tumblr, BloggerReddit, YelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

Integrative Legal Theory: Human Rights

In Professor Berman's Book Faith and Order, The Reconciliation of Law and Religion he details that natural law, legal positivism, and historical jurisprudence should be integrated. And, that this integration should guide the development of law. Also, It should be noted that this article is primarily from a class I took with Professor Lindevaldsen at Liberty University School of Law.

Integration of Legal Theory:

“All that needs to be subtracted from each of the three major schools of jurisprudence [Positivism, Naturalism, Historicism], in order to integrate them, is its assertion of its own supremacy,” essentially working together.[1]  Correspondingly, to say “that we are at the end of one era and at the beginning of another,” I believe is a correct assertion. [2] Unfortunately, those enforcing the law have always had their bad apples. What we are coming into today is an entirely different legal analysis. It is a deviation from the biblical standard and needs to be course corrected.

Today:

Accordingly, a Contemporary legal issue in the United States, is the decision to not be a part of the International Criminal Court or only selectively adopt parts of the United Nations laws.[3] Certainly, integrative Jurisprudence is primary to understanding this assertion and the cornerstone to it. Because as humanity evolves, a world order is bound to come to power, that has been our lineage.

Empires rise and fall and, each time a new millennium comes, the empires that rise to power are ever so much larger than in previous history. Though it is looking like the United Nations will be a dominate world order, a substantial world war could quickly change that, just like what happened to the League of Nations. Consequently, for this “world law” to work Positivism (making, interpreting, and applying law) must be considered with Naturalism (morality, justice) and those can only properly formulate our future through an understanding and application of Historicism (using the past to develop the future).[4]

Human Rights:

Historical experiences of the community must be taken into account when considering human rights covenants.[5] “The Golden Rule-which is the rule of equality, to treat all others with equal respect…” is really the basis of a lot of our laws and the legal system in general, it is at the basis of positivism, naturalism and what developed as historicism.[6] And, each of the schools of theory must be used, to dismiss one and only use the others would be a to enact a prejudice.

Biblical Standard:

These theory’s fall well within the Christian Biblical Worldview. The Golden Rule is almost verbatim repeated in scripture. For example, “And as you wish that others would do to you, do so to them.” Also, “So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets.” Furthermore, “Let each of you look not only to his own interests, but also to the interests of others.” My personal Favorite is “Be kind to one another, tenderhearted, forgiving one another, as God in Christ forgave you.”[7]

All of the foregoing pertains to the International Criminal Court and the International Court of Justice because, how can the United States(the most powerful country in the world) expect other nations to respect the United Nations yet exclude itself from its primary judiciary branch? The ethical standard for attorneys is also different under international law. The standard is higher then the current practice within the United States.

[1] Harold J. Berman, Faith and Order, The Reconciliation of Law and Religion p.310 (John Witte, Jr. 1993).

[2] Id. at 309

[3] Thomas W. McShane, THE UNITED STATES AND THE INTERNATIONAL CRIMINAL COURT, U. S. ARMY WAR COLLEGE GUIDE TO NATIONAL SECURITY ISSUES, Strategic Studies Institute, US Army War College, pp.245–64 (2012).

[4] Berman, supra note 1, at 283

[5] Id. at 282

[6] Id. at 285

[7] Luke 6:31 (King James); Matthew 7:12 (King James); Philippians 2:4 (King James); Ephesians 4:32 (King James).

Human Rights Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube , InstagramFacebookTwitter, LinkedInTumblr, BloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

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