Maddie came in first in our group, with Kris running and Jim jogging behind, and Chase, Mac and Patrick followed behind. Mallory and her mother also participated. It was a great day for everyone, enjoying the music and imaginative cheers from the Spirit Groups along the scenic, tree-lined medians. There were lots of great costumed runners and walkers mingled among the 40,000 participants, and an awesome post race party in Monroe Park!

My point in writing about these websites is that they all have a common thread: the information they contain is easily obtainable by the insurance company lawyers through a subpoena. I have been reading about cases in my legal journals where deserving plaintiffs have hurt their cases by sharing very personal thoughts about their case or their injuries on these OSN sites.

Although the typical way for insurance companies to obtain information is through the use of subpoenas after a lawsuit is started, from my perspective, the scary part of OSN sites is that with the click of a mouse just about any information can be uncovered. What this means is that you or your attorney may not necessarily know that posted information is being obtained by the insurance company.

The important point I’m trying to convey is this: Be careful with what you post in Cyberspace. Once it’s there, it’s almost impossible to retract. Avoid writing anything about your claim or lawsuit, or your injuries. If you do feel the need to write something, then always remember it can potentially become exhibit 1 against you at trial.

Here is a short list of my thoughts concerning social networking:

1. Anything that you have posted or will post on a OSN may end up in the hands of the opposition.
2. Check the privacy settings on your profile, and adjust them to prevent unwanted viewers from seeing it.
3. Do not post anything to your profile that discusses your law suit or related injuries.
4. Make every attempt to ensure your profile includes no photographs (posted by you or your friends) of you attempting to engage in any physical activities that you are now unable to do as a result of your injuries.
5. Do not accept “friends” invitations from people you do not know. It is possible that someone working for the defendant may attempt to pose as a “friend.” That person may try to view your page to obtain incriminating evidence that could harm your chances of a successful recovery in your lawsuit. Review your “friends” list. If you do not know someone on the list, remove them from it.

The important thing to remember here is that social networking sites have the potential to do great harm to a case. As the law is still evolving in this area with respect to privacy rights, the best approach is to assume that the insurance company will get its hands on anything you put in Cyberspace.

Jim Williams,  Lisa Kopecko, Leslie Haley, and Charles Batchelor present a check for $30,000 to the Chesterfield County Board of Supervisors. The money raised by the Field of Dreams Foundation and Midlothian Volunteer Coalition goes toward a new multi-use playing field at the former Watkins Annex.

Peter Burnett was recently selected by the American Trial Lawyers Association as one of the top 100 trial lawyers in Virginia. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership,reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers. Visit Peter’s profile at the American Trial Lawyers Association website

Peter accepted the 2010 Signatures of Loudoun Design Excellence Award and wishes to thank every one involved with the restoration of his family home. A Washington Post article by Nancy McKeon quotes Peter emphasizing the fact that “Many, many of my clients have lost so much more. This loss was not a tragedy, only a bump in the road”  Read the article here  Barn Raising

Jim Williams and Peter Burnett are both members of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the U.S. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members. Visit the Million Dollar Advocates Forum website here.

The dangers associated with texting while driving have been well documented over the last several years. Despite state legislation and widespread media attention, too many Virginians remain unyielding to the dangers it presents; not surprisingly, young drivers are increasingly among the offenders.

A recent study by the Pew Internet & American Life Project estimates that 26% of all American teens have texted while driving. Equally, if not more troubling is that nearly half of teens ages 12 to 17 have witnessed someone else texting while driving. These numbers reflect not only an alarming ambivalence among teen drivers, but also indicate that texting while driving may be an increasingly learned behavior.

“[My] dad drives like he’s drunk,” explains one teenaged survey participant, “his phone is just like sitting in front of his face, and he puts his knees on the bottom of the steering wheel and tries to text.” Based on my own experience, this teen’s account is, I am afraid, all too real. Our children clearly recognize and to some extent appreciate the folly we often exhibit as parents, but time has shown again and again, that teens are quite prone to mimicry. Take smoking for instance. Research suggests that children of parent’s who smoke, may have at least twice the risk of becoming habitual smokers by the time they graduate from high school. The same logic applies here, folks.

As each generation becomes increasingly connected through modern technology, this problem will grow exponentially if unchecked. Teenagers do not respond very well to statistics and too often shrug off threats to their own safety. They are, however, likely to imitate the actions of those closest to them. Make certain that you set a good example for the young drivers in your family, and maybe we can begin to curb this awful trend.

We at Burnett & Williams were delighted to learn that House Bill 93 was passed into law. Passage of this bill is particularly gratifying for our law firm, because not only does it advance the interests of many of our clients, but it has also been the object of a spirited Burnett & Williams lobbying effort.

This bill addresses a situation frequently abused by insurance companies when the person responsible for an accident has less insurance than his victim.  Unfortunately, many people buy only the bare minimum of car insurance.  And those same people seem to cause a lot of accidents.

Other folks have heeded my law partner Peter Burnett’s advice (see his video dated August 24^th, 2009) and have higher limits.  This is wise because if you get hit by someone with minimal insurance, then you can go after your own insurance company to be fully compensated for your injuries.  And the best part is that your premiums will not go up solely because you make an underinsured motorist claim.

House Bill 93 makes the car accident victim’s insurance company with the higher limits responsible for paying the expenses of defending the case.  All the wrong doer’s lower limit insurance company has to do is offer to settle for its policy limits and tell the higher limit insurance company that it has done so.  Prior to this law, the carrier with the lower limits had to pay to defend the case even when it was obvious that the case had much greater value than the lower limits.   Since the victim’s higher limit insurance company didn’t have to worry about the costs of defending the case, it would make cases go to trial, or at least be prepared for trial, that should have settled.  The lawyers at Burnett & Williams frequently see such situations and have long advocated for a change in the law.

Now, it has finally happened.  The victim’s insurance company in underinsured motorist cases can no longer abuse the process as it did before, thanks to House Bill 93. And we at Burnett & Williams are proud to say that our lobbying efforts helped to make it possible. House Bill 93 is scheduled to go into effect July 1, 2010.

The full text of this bill can be seen at this website