Texting at the wheel has been a primary offense in Virginia since 2013. That means a cop can pull you over if he or she thinks you are texting and driving. However, new fines for texting in construction zones came into law in July.
Drivers are usually fined $125 for a first offense of texting in Virginia and $250 for a second offense.
Under a new law enacted by the Virginia General Assembly – HB1525 – people caught texting or reading an email in a work zone when workers are present face a mandatory first fine of $250.
The legislation targets the use of all handheld devices. A move to impose a wider ban on handheld devices while driving on all Virginia roads failed earlier this year in the General Assembly.
Although Virginia has had a ban on texting and driving for over six years, lawmakers say the prohibition is difficult for police to enforce. Often officers cannot tell if a driver is using a phone to text or is entering a number for a call which remains legal.
It’s legal to hold a phone while driving in the Commonwealth outside a work zone even though law enforcement agencies say this is a bad practice.
Why are Work Zones so Dangerous in Virginia?
Work zones are inherently dangerous places. Drivers often become confused by lane diversions, bright lights, work trucks, highway workers, and reduced speeds. Motorists often fail to slow down and react to these zones.
Janet Brooking, the executive director of DRIVE SMART Virginia, told a local TV station, work zones or construction zones are hazardous by their nature. She said:
“Unlike normal road conditions, work zones involve large equipment, traffic pattern changes, lane closures, uneven pavement, variable speed limits, and – most importantly – workers. That’s a volatile environment.”
According to Brooking, work zone injuries and deaths rose by 20%, in 2018 while the number of injuries in work zones in the Commonwealth rose 6%.
The number of deaths caused by distracted driving rose by a fifth in Virginia in 2017 to 208., according to Virginia Crash Facts, an annual report by the Virginia Department of Motor Vehicles (DMV).
The distracted driving death toll fell 39.4% to 126 in 2018. However, texting and cellphone use continues to claim a grim toll on our roads. In 2018, 13,733 people were injured by distracted drivers. Many of them were using electronic devices at the time of their crashes. Other common forms of distracted driving include eyes not being on the road and drivers who look at incidents such as other crashes instead of paying attention to the road ahead.
Contact a Virginia Personal Injury Lawyer Over Work Zone Accidents
Work zones are found on many Virginia highways. Major routes like I-64 are the subject of long-term widening projects. The summer months typically see an upsurge in road improvement projects.
The combination of busy highways, work zones, and cellphones is a potentially deadly one. Accidents in work zones are often very serious. On occasions, tractor-trailers have plowed into vehicles stopped ahead of them with devastating results.
At the Smith Law Center, our attorneys litigate many serious accident cases that involve brain injuries, fractures, and spinal injuries. Please call our experienced team today at (757) 244-7000. We have helped the injured on the Virginia Peninsula and across the country since the late 1940s. Please see our personal injury results on our website.
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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