Intoxicated driving remains a major problem in Virginia. A recent report notes the number of deaths caused by drunk drivers in the Commonwealth rose by 12.1% in 2018.
The increase in intoxicated driving wrecks is noted in the Virginia Department of Motor Vehicles’ Crash Facts report. Drunk driving claimed 278 lives in the state. The report noted 819 people died in auto accidents in 2018. A third of all roads deaths in Virginia in 2019 was caused by drunk drivers. Intoxicated drivers left 4,475 people injured in Virginia, a 1% rise over 2017.
In Hampton, drunk drivers caused 182 crashes and claimed three lives in 2018. The city saw 160 injuries linked to drunk driving wrecks.
Intoxicated drivers caused 204 accidents in Newport News with 11 deaths and 164 injuries in 2018.
Many of those who lost their lives were drunk drivers. The report noted the deaths of 177 drinking drivers last year in Virginia, a 15.7% increase over 2017.
Virginia saw 19,790 DUI convictions, a 5.8% rise on 2017. Men are more likely to drive drunk than women. The report revealed 66.5% of DUI convictions were male and 22.6% were female.
Crashes caused by alcohol are more likely to be serious. The 7,181 alcohol-related crashes comprised just 5.4% of all traffic crashes. However, a third of all fatal crashes were caused by intoxicated drivers.
Rising numbers of highway deaths in Virginia prompted the setting up of an executive leadership team on highway safety by Virginia Governor Ralph Northam in late 2018. The team is made up of representatives from the Virginia Departments of Motor Vehicles, Health, Transportation, Education, and State Police. It is headed up by the Deputy Secretaries of Transportation and Public Safety and Homeland Security.
The rise in highway deaths on the roads of Virginia in 2017 sparked the new initiative. In 2017, there were 843 fatalities on the highways of the Commonwealth. The figure represented a 20.4 percent increase in fatalities from 700 deaths in 2014.
Although the number of fatalities fell to 819 in 2018, the first decrease since 2014, the rise in deaths caused by intoxicated drivers remains a matter of serious concern.
Why Intoxicated Drivers in Virginia Pay the Penalty
You can be charged with driving under the influence in Virginia if your blood/alcohol content is at least 0.08. The average BAC for tested drivers in Virginia in 2018 was 0.147.
DUI is a class 1 misdemeanor charge in Virginia. Intoxicated drivers face a fine of up to $2,500 and a jail sentence of up to 12 months on conviction for a first offense. Intoxicated drivers also end up with a permanent record that can impact their job prospects.
The DMV statistics show many drunk drivers who are involved in accidents suffer serious injuries and fail to survive. You may also kill or maim others and face the possibility of a lawsuit. Drunk drivers often cause serious head and brain injuries to other drivers. Virginia allows punitive damages in extreme cases to punish a drunk driver.
Intoxicated drivers cause misery every year and destroy families and lives. If you or a family member was hurt by a drunk driver, please call our experienced Hampton based personal injury lawyers at (757) 244-7000.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.
Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.
Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.
Mold in Military Housing
Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.
Hypersensitivity pneumonitis in individuals with weak immune systems.
There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.
Understanding Exposure to Toxic Mold in Military Housing
The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.
Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.
Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.
People may be more likely to experience mold toxicity symptoms if they have:
Allergies,
An underlying lung disease,
Immune suppression,
Chronic obstructive pulmonary disorder,
Asthma, or
Another chronic respiratory disease.
Common Types of Military Housing Mold
When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
Who is Liable for Military Housing Mold?
Since 1996, most military housing has come under the management of private companies:
Belfour Beatty Communities: Fort Eustis and Fort Story/li>
Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
Hunt Military Communities: Fort Lee and Langley AFB
Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.
Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.
If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.
The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.
Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.
Other Hazards in Military Housing
Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:
Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.
Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.
Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.
Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.
What Happens When a Lot of People Get Sick?
Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.
Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.
Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.
Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away
Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.
Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.
Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.
You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.
Military Housing Mold Lawsuits: FAQs
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