McGrady & McGrady, PLLC Hillsville Personal Injury Attorney | Car Accident, Slip And Fall 2026-09-16T08:05:42Z https://www.mcgradylaw.com/feed/atom/ WordPress by McGrady & McGrady, PLLC <![CDATA[Can you fight a following-too-closely ticket in Virginia?]]> https://www.mcgradylaw.com/?p=48542 2026-09-13T09:28:55Z 2026-09-13T09:28:55Z What Virginia law says about following too closely Virginia Code § 46.2-816 requires drivers to leave a reasonable distance between vehicles based on their speed and the traffic and road conditions. The statute does not require a specific number of feet or seconds. Instead, the circumstances determine whether the following distance was safe. Police officers often issue these citations when they believe a driver was too close to another vehicle. In many cases, the officer’s observations form the key evidence supporting the ticket.

How to challenge the evidence in a following-too-closely case

A following-too-close ticket may be challenged when the driving conditions or available evidence support a different account of the incident. Common defenses include:
  • Road conditions: Weather, traffic and other drivers’ actions may affect what counts as a safe following distance.
  • Sudden actions: An emergency or sudden move by another driver may have caused the reduced spacing.
  • Evidence: Dashcam footage, witness statements and other records can support the driver’s account and challenge the officer’s observations.
These facts can help explain the reduced distance and support a challenge to the citation.

Potential consequences of a conviction

A following-too-closely conviction adds four demerit points to a Virginia driving record. The points stay active for two years. They may raise insurance rates or lead to a license suspension after more violations. For commercial drivers, traffic violations in personal vehicles also go to the DMV. A following-too-closely conviction can create problems for commercial drivers. Federal regulations treat it as a serious traffic offense. The first conviction generally does not disqualify a CDL holder, but a second conviction within three years can bring a 60-day disqualification. A third conviction can result in a 120-day disqualification. Since employers must check CDL driving records each year, these violations may also affect employment.

Deciding whether to contest the ticket

A Virginia driver may have grounds to challenge a following-too-closely citation when footage, witnesses or road conditions support the case. A conviction adds four demerit points and may raise insurance rates. CDL holders may also face federal consequences. A Virginia traffic attorney can assess the case before the court date and determine whether a challenge is realistic.  ]]> by McGrady & McGrady, PLLC <![CDATA[What makes embezzlement different from other theft crimes?]]> https://www.mcgradylaw.com/?p=48540 2026-09-07T09:28:54Z 2026-09-07T09:28:54Z How does trust factor into embezzlement charges? Under Virginia Code § 18.2-111, embezzlement occurs when a person acting as a bailee, agent, trustee, clerk, officer, servant or in another fiduciary capacity wrongfully converts property entrusted to them. Courts require proof of three elements: the accused had a fiduciary relationship with the victim, the victim lawfully entrusted property to the accused and the accused intentionally used that property for personal gain with an intent to defraud. Whether a cashier who takes money faces embezzlement or larceny charges depends on Virginia law's distinction between lawful possession and mere custody. Courts examine the extent of the employee's control over the funds. This differs from shoplifting, where no trust relationship exists. Prosecutors must prove the accused was lawfully entrusted with the property before converting it to personal use. The initial access was lawful, but the conversion was unlawful.

What role does intent play in these cases?

Intent is a key part of an embezzlement case. Courts look at whether the accused knowingly used or took property for personal gain. An honest mistake or accounting error does not usually show this intent. Virginia law sets the charge based on the value of the property and the victim's age or condition:
  • Under $1,000: Class 1 misdemeanor, punishable by up to 12 months in jail
  • $1,000 or more: Felony punishable by one to 20 years in prison
  • $500 or more involving a victim age 65 or older or an incapacitated adult: Class 5 felony, punishable by one to 10 years in prison
These penalties may affect future employment and professional licensing. A Virginia criminal defense attorney can review the case and explain the possible penalties.

Key distinctions in Virginia theft charges

Embezzlement charges require a close look at the evidence and the parties’ relationship. If someone takes property without first having lawful possession, the offense is usually larceny, not embezzlement.  Legal counsel can help clarify the specific elements prosecutors must prove and the defenses that may apply to your situation.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[Can you claim lost income if your earnings vary?]]> https://www.mcgradylaw.com/?p=48534 2026-08-20T16:09:54Z 2026-08-20T15:00:22Z include lost earnings in a personal injury claim when an injury keeps you from working. You will need evidence that shows how much income you lost. If your pay varies, your past work and earnings may help establish what you likely would have made.

Use past records to show your usual income

Your financial history may provide a useful basis for comparison. Tax returns could show how much you earned in prior years. Invoices might also show how much work you completed before the injury and how your workload changed over time. Looking at more than one period may help when your income changes by season. One unusually busy or slow month could give an incomplete view of your normal earnings. If you own a business, your books might also help separate company revenue from the income you personally receive.

Compare your work before and after the injury

An insurer may dispute how much of your lost income resulted from the injury. A slow month could have happened even without the accident. Recent growth in your work might also make an older annual average less useful. Records from just before the injury may help explain the difference. Booked jobs could show work you expected to complete. Medical notes that describe your work limits might also connect the injury with the work you missed afterward.

Prepare for the claims process

A lost-income claim may involve a closer review when your pay changes from month to month. You might need to explain how your work usually produces income and why the injury reduced what you earned. Consider keeping the key documents tied to your work and medical limits in one place. Having that information ready could make it easier to respond to requests, explain changes in your earnings and move through the claims process with a more complete record.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[What rights exist during a police interrogation?]]> https://www.mcgradylaw.com/?p=48533 2026-08-18T14:12:04Z 2026-08-18T14:12:04Z Sitting in a small room at a police station creates heavy stress, leaving many people unsure of what to say. Officers use specific tactics to collect evidence, and even simple answers can quickly get used against you in court. Knowing how to handle these situations gives you control over your words and protects your future when facing potential criminal charges.

Your core protections during questioning

The U.S. Constitution guarantees specific rights during any official police interview. Using these rights limits the evidence officers can build against you:
  • The right to remain silent: Speaking up to invoke your Fifth Amendment rights stops questioning right away and prevents self-incrimination.
  • The right to a lawyer: Requesting an attorney brings a trained professional into the room to guide every conversation with investigators.
  • The right to pause questioning: Stopping your answers at any point shuts down the interview until legal help arrives.
Courts cannot use your decision to stay quiet as an admission of guilt, so staying silent protects your defense. Hiring a local criminal lawyer during an investigation can help prevent costly mistakes and keep officers from pushing past your constitutional boundaries.

How to use your rights effectively

Protecting yourself requires direct words and action when talking with officers. Staying passive or hoping officers guess your intentions usually leads to more questions. Stating your choice to remain silent out loud clears up confusion and forces officers to stop the interview. Requesting a lawyer immediately creates a shield against pressure tactics. Refusing to engage in small talk while waiting in a station room stops accidental slips, since prosecutors can use casual statements against you later.

Protecting your future today

Taking action during a police meeting keeps important legal paths open when facing possible charges. Using your rights early keeps you in control of your defense and builds a solid base for your case. Standing firm on your protections stops officers from twisting your words, giving you the best path toward a good result.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[Failure to yield in Virginia: Who really had the right-of-way?]]> https://www.mcgradylaw.com/?p=48532 2026-08-13T07:37:00Z 2026-08-13T07:37:00Z Right-of-way rules vary by intersection Under Virginia law, when two vehicles reach an uncontrolled intersection at roughly the same moment, the driver on the left must yield to the driver on the right. Stop signs, yield signs and traffic signals all set their own standards, and entering a highway from a side road triggers a separate requirement.

A ticket can carry more weight than a fine

Most failure-to-yield violations count as simple traffic infractions. Fines can reach $250, and the Department of Motor Vehicles (DMV) adds four demerit points to a motorist’s record. Certain failure-to-yield or intersection-related conduct, depending on the circumstances and the applicable statute, may result in more serious charges, including reckless driving in some cases. A conviction for reckless driving can result in up to 12 months in jail, a $2,500 fine and a six-month license suspension, though judges rarely impose the maximum penalties.

Fault is not always clear-cut

Officers typically arrive after a crash, piecing events together from skid marks, vehicle damage and witness accounts. A driver who believes the other motorist entered the intersection too fast, ran a stale yellow light or exceeded the speed limit may have a viable defense. A motorist's excessive speed may affect whether they can reasonably rely on having the right-of-way and can be considered when determining negligence or fault.

A strong defense rests on evidence, not guesswork

Dashcam footage, intersection photos, signal timing and independent witnesses all shape how a judge weighs a failure-to-yield case. Waiting until the court date to gather that evidence often means it has already vanished. A failure-to-yield charge brings consequences well beyond a fine: higher insurance premiums, DMV points, and, in reckless driving cases, a criminal record. Anyone facing this charge may benefit from learning the Virginia traffic rules that apply to their case early, before memories fade and evidence slips away.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[How relocation affects child custody in Virginia]]> https://www.mcgradylaw.com/?p=48530 2026-07-31T06:25:48Z 2026-07-31T06:25:48Z A move to a new city or state can change a family's daily life. It may also affect child custody arrangements. A new home may affect school schedules, parenting time and the child’s daily routine. Parents should understand how relocation may affect an existing custody order before making plans.

When a move may affect custody

Not every move changes a custody order. However, a relocation that makes the current parenting schedule difficult to follow may require court review. Either parent can ask the court to decide whether the custody arrangement should change. Under Virginia Code § 20-124.5, a parent with custody or visitation usually must give the court and the other parent at least 30 days' written notice before moving. This gives both parents time to discuss the relocation and its effect on the child. If they cannot reach an agreement, the court may determine whether changes to the existing custody order still serve the child's best interests. If the parents can't agree, the court steps in to decide whether the existing order still works.

How courts make relocation decisions

The child's best interests are the court's first concern. It considers the circumstances of each family instead of following the same result in every case. Virginia Code § 20-124.3, along with case law addressing relocation specifically, guides the factors courts consider. The court may consider:
  • The child's relationship with each parent
  • The child's age and daily needs
  • The readiness of each parent to support the child's continued relationship with the other parent
  • The reason for the proposed relocation and its effect on the child
  • The ability of the parents to maintain a workable parenting schedule after the move
The court weighs all of these factors together rather than focusing on any single one.

How parents can prepare for a move

A planned move often requires changes to parenting schedules, travel arrangements and communication. Parents should keep records about the proposed move and explain how the child will spend time with both parents after relocation. Careful planning can reduce conflict and help the court understand the family's situation. Relocation does not automatically change a child custody order. Virginia courts look at each family's circumstances and focus on the child's well-being. Relocation cases are fact-specific; preparing early with clear documentation often makes the biggest difference. If you have questions about this topic, you may consider reaching out to a legal professional for guidance.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[Can you hold an ambulance liable for a car accident in Virginia?]]> https://www.mcgradylaw.com/?p=48528 2026-07-01T13:00:14Z 2026-07-07T12:59:51Z Ambulances are given utmost priority on the road to save lives. Sometimes, their haste can lead to accidents endangering both the patient and other drivers on the road. If an ambulance crashed into your car, can you hold them legally responsible? 

What does Virginia law say?

The operators of emergency vehicles, like ambulances, are exempt from following certain traffic rules while responding to an emergency. Specifically, the law permits them to:
  • Exceed speed limits
  • Run red lights or stop signs (with reduced speed)
  • Travel in the wrong direction
  • Pass stopped or slow-moving vehicles
These exemptions only apply if the ambulance has its emergency lights and sirens activated, and the vehicle carries proper liability insurance (at least $100,000/$300,000 in bodily injury coverage).

When can you hold an ambulance liable?

Virginia law requires that ambulance operators use reasonable care at all times, even during an emergency response. You may hold an ambulance driver or company liable when:
  • The driver failed to use reasonable care (for private ambulances)
  • The driver or company was grossly negligent (driving under the influence, distracted driving or reckless driving)
  • The company failed to adequately screen, train or maintain its vehicles
If the ambulance driver was not responding to an emergency, the law may treat the incident like a regular car accident case.

Ambulances operated by the Commonwealth of Virginia 

Usually, the doctrine of sovereign immunity protects ambulances that the Commonwealth of Virginia owns, which generally prevents people from suing the government. Nevertheless, you can still recover monetary compensation under the Virginia Tort Claims Act (VTCA) for injuries caused by a government employee. You must file this claim within one year from the date of the accident. 

Build you case

Ambulance accident cases are legally complex, especially when sovereign immunity or volunteer status is involved. Consulting with an experienced motor vehicle accident attorney is essential to protect your right to compensation.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[Can a broken tail light lead to a Virginia traffic ticket?]]> https://www.mcgradylaw.com/?p=48527 2026-06-24T08:14:11Z 2026-06-24T08:14:11Z What Virginia law requires for tail lights Under Va. Code § 46.2-1013, most motor vehicles and trailers must have two red tail lights at the rear. They must be visible in clear weather from 500 feet behind the vehicle. An officer may issue a traffic summons if a bulb is out, a lens is broken or the rear lighting is blocked. State law generally prohibits officers from stopping a vehicle solely for a single nonworking tail light or defective license plate illumination, treating those issues as secondary offenses. However, exceptions apply if the condition creates an active hazard. Because officers can cite rear-lighting problems under different sections, the exact wording on the summons can matter.

What may happen after a tail light ticket

This type of equipment ticket is usually less serious than a moving violation, but it can still create costs and inconvenience. Depending on the charge, you may face a fine, added costs or a required appearance. In some cases involving unsafe or defective equipment, a judge could dismiss the summons if you show proof of repair by the date listed on the ticket. Helpful records may include a receipt, a photo of the working lights or proof of replacement parts. If the violation results in a conviction, it can also appear on your driving record. In Virginia, equipment violations, such as a broken tail light, are nonmoving violations and do not result in demerit points on your driving record.

Take a small ticket seriously

A broken tail light may be a simple repair, but the citation connected to it still deserves attention. Reviewing the summons, understanding what the officer cited and responding before the court date can help you avoid added costs or confusion.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[Potential signs of a traumatic brain injury (TBI)]]> https://www.mcgradylaw.com/?p=48525 2026-06-19T23:45:53Z 2026-06-19T23:45:53Z Mild TBI symptoms With a mild TBI, there is often some level of dizziness, lightheadedness or blurred vision. This may be coupled with a minor headache, ringing in the ears or sensitivity to lights and sounds. From a cognitive standpoint, a person who has suffered a TBI may struggle with concentration, memory or general mental processing. They may be very confused or even agitated.

Serious TBI symptoms

If a TBI is more serious, it often leads to symptoms that do not go away, such as a headache or migraine that gets worse. A person may begin slurring their words or complaining about vision loss. Some TBIs can cause symptoms such as convulsions, seizures or repeated vomiting. One key detail to keep in mind is how long a person loses consciousness at the time of the initial injury. If it is a few minutes or longer, that could make their TBI much more severe than someone who simply hits their head and remains conscious the entire time.

Seeking financial compensation

Have you suffered a TBI due to another party's negligence? If you are experiencing these symptoms, you should get medical treatment as soon as possible. This can be very expensive. That is why it is so important to know how to seek financial compensation for your injuries if they were caused by another party.]]> On Behalf of McGrady & McGrady, PLLC <![CDATA[How social media can hurt your personal injury claim in Virginia]]> https://www.mcgradylaw.com/?p=48523 2026-06-19T16:36:07Z 2026-06-19T16:36:07Z How insurance companies use your posts against you Reviewing a claimant's social media activity is standard practice for insurance companies and opposing counsel. They look for anything that could contradict your account of the accident or the extent of your injuries. This includes public posts, photos, check-ins and even comments or reactions on other people's content. Even posts that seem completely unrelated to the accident can be taken out of context and used to challenge your credibility.

What types of posts can hurt your case

The most common problem is a post that contradicts your injury claims. Opposing counsel can use a photo of you hiking or playing with your children to argue that your injuries are less serious than claimed. Casual comments about the accident can be just as damaging. A statement like "I did not see the other car coming" gives the defense grounds to interpret it as an admission of partial fault. Even posts about your daily routine or travel plans can undermine your claim.

Why Virginia's negligence rules matter here

Virginia has not abandoned the doctrine of contributory negligence, unlike most states. Under this rule, if a court finds your actions to be a proximate cause of the accident, the court may bar you from recovering any compensation at all. Most other states simply reduce your recovery by your share of fault. Virginia generally does not. A single social media post suggesting you played even a minor role in what happened could be used to argue for eliminating your claim entirely.

What you can do to protect your claim

The safest approach is to avoid posting about the accident, your injuries or your daily activities for the duration of your claim. This includes your own posts as well as comments or reactions on posts that reference the accident. Letting friends and family know not to tag you or share content about you without your knowledge can also help. Keep in mind that deleting existing posts once litigation is reasonably foreseeable could be seen as destruction of evidence. When in doubt, speaking with an attorney before posting anything is usually the better choice. When a personal injury claim is active, the details of your life can become evidence. An experienced attorney can help you avoid mistakes that could affect your recovery.  ]]>