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Heat, Hazards & Hard Labor

Heat, Hazards & Hard LaborAs spring temperatures rise across Virginia, outdoor workers—especially those in construction, landscaping, and agriculture—face heightened risks of injury and illness. From heat-related illnesses to equipment accidents, the hazards are real and often preventable. At Hilton and Somer, we’re committed to helping injured workers secure the medical care and compensation they deserve.

Heat Stress & Dehydration: A Growing Threat

Outdoor laborers are particularly vulnerable to heat stress, which can lead to heat exhaustion or even fatal heat stroke. In fact, the Bureau of Labor Statistics  reported 36 work-related deaths due to environmental heat exposure in 2021, highlighting the severity of this issue 

In Virginia, the Department of Labor and Industry (DOLI) has recognized the dangers of heat exposure. Their 2021 Annual Report emphasizes the need for employers to implement heat illness prevention programs, including providing water, rest breaks, and shade.

Despite these guidelines, many employers fall short, leaving workers at risk. If you’ve suffered from a heat-related illness on the job, it’s crucial to understand your rights and the steps to take for compensation.

Falls and Equipment Accidents: Persistent Dangers

Falls remain a leading cause of injury in the construction industry. OSHA reports that in 2023, falls accounted for 421 of the 1,075 construction fatalities recorded . In Virginia, construction workers face similar risks, with common injuries including sprains, strains, and fractures resulting from falls and equipment-related incidents.

Equipment accidents, such as being struck by or caught in machinery, also pose significant threats. These incidents often result from inadequate training, lack of safety protocols, or malfunctioning equipment.

Employers are legally obligated to maintain safe work environments. When they fail to do so, and workers are injured as a result, legal recourse is available.

How Hilton and Somer Can Help

Navigating the aftermath of a workplace injury can be overwhelming. At Hilton and Somer, we specialize in personal injury law with a focus on workplace accidents. Our experienced attorneys can assist you in:

  • Securing Workers’ Compensation: Ensuring you receive the benefits you’re entitled to, including coverage for medical expenses and lost wages.

  • Pursuing Third-Party Claims: If a third party’s negligence contributed to your injury, we can help you seek additional compensation.

  • Providing Legal Guidance: Offering clear, compassionate advice throughout the legal process to help you make informed decisions.

Our goal is to alleviate the burden on injured workers, allowing you to focus on recovery while we handle the legal complexities.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://www.osha.gov/stop-falls-stand-down

https://www.osha.gov/heat-exposure

https://www.bls.gov/opub/ted/2023/36-work-related-deaths-due-to-environmental-heat-exposure-in-2021

Who’s Liable in a Construction Zone Accident?

Who’s Liable in a Construction Zone AccidentConstruction zones are inherently dangerous, not just for workers but also for pedestrians and drivers passing nearby. From falling debris to poor traffic control, accidents in these areas can lead to serious injuries—or worse. At Hilton and Somer, we help victims navigate the complex legal landscape of construction zone accidents to ensure they receive the compensation they deserve.

Common Hazards in Construction Zones

In urban areas across Virginia, construction is a constant. Unfortunately, with that comes risk. Some of the most common causes of construction zone accidents include:

  • Unsafe scaffolding or falling tools 
  • Lack of warning signage for pedestrians or drivers 
  • Improper traffic redirection or barriers 
  • Negligent heavy machinery operation 
  • Failure to secure hazardous materials

According to the Occupational Safety and Health Administration (OSHA), falls, struck-by objects, electrocution, and caught-in/between accidents are among the “Fatal Four” construction hazards. These accidents can affect not only workers but also bystanders and passing motorists.

Who’s Liable?

Liability in construction zone accidents depends on the circumstances and the parties involved.

For Injured Workers:

In Virginia, workers injured on the job are generally covered under Virginia Workers’ Compensation Law. However, if a third party—such as a subcontractor or equipment manufacturer—was negligent, the injured worker may also file a third-party personal injury claim.

For example, if faulty scaffolding supplied by a third-party vendor collapses, the injured worker could pursue compensation beyond workers’ comp by suing the vendor directly.

For Injured Bystanders and Drivers:

Construction companies and site managers have a duty to ensure safety for the public. If you were injured walking past a site or driving through a work zone due to a lack of proper signage, barriers, or flaggers, you may be entitled to damages. In these cases, potential defendants could include:

  • General contractors 
  • Subcontractors 
  • Municipalities (if the work zone was improperly supervised) 
  • Private property owners

For instance, Virginia’s Work Zone Safety law (§ 46.2-878.1) mandates speed reductions and visible signage in designated work zones. If these rules aren’t followed and you’re injured as a result, this could demonstrate negligence.

How Hilton and Somer Can Help

At Hilton and Somer, our experienced personal injury attorneys know how to investigate construction zone accidents thoroughly. We:

  • Collect eyewitness and expert testimony 
  • Analyze site safety protocols and OSHA violations 
  • Identify all potentially liable parties 
  • Negotiate aggressively with insurers and defendants

We understand the unique liability challenges these cases pose, especially in Northern Virginia and the D.C. metro area, where multiple contractors and agencies often overlap on a single project.

Don’t Let Negligence Go Unchecked

Whether you’re a construction worker injured on the job or a bystander harmed due to negligence, you deserve justice. Let Hilton and Somer fight for the compensation you need to heal and move forward.

Contact us today for a free consultation. We’re here to help you uncover the truth and hold the right parties accountable.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://law.lis.virginia.gov/vacode/46.2-878.1/

https://www.workcomp.virginia.gov/

https://www.osha.gov/data/commonstats

Injured by a Defective Outdoor Product? Know Your Rights This Spring

Injured by a Defective Outdoor Product? Know Your Rights This SpringAs warmer weather returns to Virginia, outdoor activities ramp up—grills are fired up, lawnmowers roar back to life, and families gather on decks filled with patio furniture. But along with the joys of spring come hidden dangers. Each year, defective outdoor products lead to serious injuries, from burns and lacerations to head trauma and even fatalities. If you’ve been injured by a faulty product, it’s essential to understand your legal rights and the steps to take toward a potential product liability claim.

Common Defective Outdoor Products

Many outdoor products used in springtime have been subject to recalls or lawsuits due to design flaws, manufacturing errors, or inadequate warnings. Some of the most frequently cited include:

  • Grills and propane tanks: Defective regulators, gas leaks, or improper labeling can lead to explosions or severe burns. The Consumer Product Safety Commission (CPSC) reports that nearly 20,000 people visit emergency rooms annually due to grill-related injuries.

  • Lawnmowers and gardening tools: Faulty blade mechanisms, poor design, or lack of proper safety guards can cause amputations or lacerations. The Virginia Poison Center also cautions about exposure to engine fuel and chemicals.

  • E-scooters and recreational vehicles: As e-scooters rise in popularity, so do accidents involving faulty brakes or battery malfunctions. In Washington, D.C., and Northern Virginia, shared scooter usage has skyrocketed, increasing potential for product-related mishaps.

  • Outdoor furniture: Collapsing chairs or unstable patio tables may seem minor, but can cause severe back injuries, fractures, or head trauma, particularly among children and seniors.

What Is Product Liability?

Product liability refers to the legal responsibility manufacturers, distributors, and retailers have to ensure their products are safe for consumers. Under Virginia product liability law, an injured party may pursue compensation if the injury was caused by:

  • A defective design

  • A manufacturing defect

  • A failure to warn or provide adequate instructions

Virginia follows the “contributory negligence” rule, which means if the injured party is found even 1% at fault, they may be barred from recovering damages. That’s why working with experienced attorneys like Hilton and Somer is crucial for building a strong case.

What to Do If You’re Injured

  1. Seek medical attention immediately and document all injuries.

  2. Preserve the defective product—don’t throw it away or attempt to repair it.

  3. Photograph the product, your injuries, and the scene of the incident.

  4. Report the issue to the manufacturer and check the CPSC recall database for known issues.

  5. Contact a personal injury lawyer as soon as possible to evaluate your claim.

We’re Here to Help

If you or a loved one has been injured by a defective outdoor product in Virginia or the D.C. metro area, Hilton and Somer, LLC is ready to help. With over 50 years of experience in personal injury law, we fight to hold negligent manufacturers accountable and secure the compensation you deserve.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-58/

https://poison.vcu.edu/

https://www.cpsc.gov/node/63278

Springtime Driving Hazards: What to Know About Truck Accidents

Springtime Driving Hazards What to Know About Truck AccidentsAs the weather warms and spring arrives in Virginia, more people take to the roads—and so do commercial trucks. From seasonal deliveries to construction-related hauls, trucking activity ramps up this time of year. Unfortunately, this increase in truck traffic brings a higher risk of serious accidents, especially on major routes like I-95, I-66, and the Capital Beltway. For victims, the aftermath of a truck accident is often devastating, and navigating the legal process can be overwhelming.

Why Spring Means More Trucking—and More Risk

Spring marks the start of many industries’ busy seasons. Construction projects resume, agricultural transport picks up, and businesses restock for the coming summer months. This surge in trucking coincides with unpredictable weather patterns—rainstorms, fog, and sudden temperature shifts—which can reduce visibility and make roads slippery. In Virginia, spring rainfall can significantly increase crash risks, particularly on highways with fast-moving traffic.

According to the Virginia Department of Motor Vehicles (DMV), there were over 4,600 large truck crashes in Virginia in 2022 alone. These accidents resulted in 116 fatalities and thousands of injuries. Many of these crashes occurred in spring and summer months when roads are more congested.

The Unique Complexity of Truck Accident Cases

Truck accidents differ significantly from typical car crashes. First, the sheer size and weight of commercial trucks mean that collisions often lead to catastrophic injuries or death. Victims may suffer from traumatic brain injuries, spinal cord damage, or long-term disabilities.

Second, the legal process is far more complex. Multiple parties may be involved, including the truck driver, the trucking company, vehicle manufacturers, and even third-party contractors. Investigating a truck accident requires reviewing driving logs, maintenance records, GPS data, and often securing expert testimony.

At Hilton and Somer, we have extensive experience handling truck accident cases and understand the intricate regulations set by both state and federal authorities. These include rules enforced by the Federal Motor Carrier Safety Administration (FMCSA), such as hours-of-service limitations designed to prevent driver fatigue—a leading cause of crashes.

Local Roads Pose Added Challenges

Northern Virginia is a hub of trucking activity due to its proximity to Washington, D.C., major ports, and interstate corridors. Unfortunately, roads like I-495 and Route 29 are notorious for congestion and high crash rates. According to VDOT crash data, Fairfax and Arlington counties consistently rank among the highest for traffic accidents, many involving commercial vehicles.

These densely traveled areas require swift and strategic legal action after a crash. Time-sensitive evidence, such as surveillance footage or electronic logging device (ELD) data, can be crucial to building a strong claim.

Know Your Rights as a Victim

If you or a loved one has been injured in a truck accident, you don’t have to face the legal battle alone. The team at Hilton and Somer is committed to helping victims pursue full and fair compensation for their injuries, lost wages, and pain and suffering.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://www.dmv.virginia.gov/sites/default/files/documents/crash_facts_22.pdf

https://www.fmcsa.dot.gov/regulations

Who Can File a Wrongful Death Claim? Understanding Your Rights After a Tragedy

Who Can File a Wrongful Death Claim? Understanding Your Rights After a TragedyLosing a loved one due to someone else’s negligence is a devastating experience. In Virginia, the law provides a pathway for families to seek justice through wrongful death claims. However, understanding who is eligible to file such a claim and who can benefit from it is crucial. Hilton & Somer, LLC, serving Virginia, Maryland, and Washington, D.C., is here to guide you through this complex legal process.​

Who Can File a Wrongful Death Claim in Virginia?​

In Virginia, a wrongful death claim must be initiated by the personal representative of the deceased’s estate. This individual is either appointed by the deceased’s will or, if no will exists, by the court. It’s important to note that the personal representative acts on behalf of the beneficiaries and may not necessarily be one of them. ​

The personal representative must be duly qualified and appointed by a Virginia circuit court to bring a wrongful death action. If the representative is not properly appointed, any legal actions taken can be nullified, potentially jeopardizing the claim. ​

Who Are the Beneficiaries?​

While the personal representative files the claim, the beneficiaries are the individuals entitled to recover damages. Virginia law outlines a specific hierarchy:​

  1. Surviving Spouse and Children: They are the primary beneficiaries. If both exist, the compensation is divided among them, with at least one-third going to the spouse. 
  2. Parents: If there’s no surviving spouse or children, the deceased’s parents may be beneficiaries, especially if they received support from the deceased within 12 months prior to death. ​ 
  3. Siblings and Other Dependents: In the absence of the above, siblings or other relatives who were dependent on the deceased and shared a household may be eligible. ​
  4. Estate Heirs: If none of the above exist, the compensation is distributed according to Virginia’s intestacy laws. 

It’s essential to understand that the distribution of damages is determined by law, not by the deceased’s will. ​

Timeframe for Filing a Claim​

Virginia law mandates that wrongful death claims be filed within two years from the date of death. Failing to meet this deadline can result in the claim being barred. ​

Why Legal Guidance is Crucial​

Navigating the complexities of wrongful death claims requires experienced legal counsel. Hilton & Somer, LLC, with decades of experience in personal injury law, is committed to providing compassionate and effective representation. Our team will ensure that the personal representative is properly appointed and that the rights of all beneficiaries are protected.

Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys

If you have suffered an injury, don’t go through it alone.  Help is available today.  Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.

References:

https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-virginia.html

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/

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