West Virginia Injury Lawyer Blog

Two people suffered serious injuries after a tractor-trailer collided with a Nissan Frontier pickup truck head-on Monday, July 26, 2010. The crash happened on U.S. 522 in Morgan County, West Virginia. According to the Herald-Mail newspaper, the accident occurred around 1:30pm after Hal Gamble drove his passenger truck across the center line into the path of a tractor-trailer hauling lumber.

The reasons for the crash are unknown at this point. Morgan County Sheriff officials reported that Hal Price and his wife, Suzie Price, had to be extricated from their mangled vehicle by rescue workers. Mr. Gamble was conscious but suffered severe injuries, as did his wife. Both victims are in their 60s. After being airlifted to Washington County Hospital, both Hal and Suzie Gamble were listed in serious but stable condition on Tuesday. The driver of the semi truck, Matt Price, was uninjured in the crash.

All too often, passengers and drivers who collide with tractor-trailers in West Virginia don't make it out of collisions like this one. That's why exercising proper defensive driving techniques and safety procedures is absolutely critical on the roads in West Virginia. This is true of both passenger vehicle drivers as well as truck drivers.

If you have been involved in a tractor-trailer accident through no fault of your own, you have rights. Contact a reliable tractor-trailer accident attorney who can help you get the compensation you deserve. Similarly, an attorney can also help you recover damages for the wrongful death of a spouse or loved one.

Medical malpractice is one of the hardest cases to prove, especially against major medical corporations, pharmaceutical companies or hospitals. However, an experienced medical malpractice attorney can fight for your rights against any corporation, doctor or medical provider, no matter what the size, if he or she is knowledgeable in the current laws, the burden of proof necessary in malpractice cases and the legal precedents in this area of law.

Malpractice is often cited in cases in which patients are given prescription drugs incorrectly or irresponsibly, and in which they also suffer a tangible injury. A lawyer must prove negligence as well as show evidence of injury if success is to be assured in a malpractice case involving prescription drugs. Negligence can mean that the doctor or medical professional gave you the wrong dosage, instructed you to use the drug incorrectly or didn't give you enough of a particular medicine as is accepted for use in the medical field for your particular condition. Once negligence is proven, documented injuries directly related to the misdiagnosis or misdistribution must be shown.

If you or someone you love has suffered ill effects after being given a particular prescription drug, you can help your case by keeping meticulous records of your health, the side effects or injuries you experience and doctors visits as they occur. The more careful you are in your recordkeeping, the stronger case you will have. A lawyer can then argue for compensation for your medical bills, pain and suffering, lost wages and more.

TylerStarNews.com reports that the Tyler County Sheriff's office participated in a state-funded drunk driving crackdown from February 1 to June 30 of this year. Results from the federally funded grant program of the State of West Virginia turned up hundreds of traffic stops and several arrests of drunk drivers in the Tyler County jurisdiction.

During the period of the program, Sheriff Bob Kendle of the Tyler County Sheriff's office said the purpose of the project was to add patrol to combat drunk driving. Sheriffs made a total of 522 traffic stops, three DUI arrests, 10 misdemeanor arrests, two felony arrests and two drug-related arrests. Deputies reported handing out 53 traffic violations and 344 warnings as well.

Tyler County, West Virginia has been experiencing a spike in drunk driving incidents and the Sheriff's office hopes this program will be a deterrent to people who drink and drive. All of the above listed statistics were in addition to traditional on-duty arrests and citations, so there was a very evident increase in the police presence in the area.

The long-term results of this study remain to seen, but drunk drivers throughout West Virginia can expect more and more police presence as grants like this one continue to be used by local law enforcement. If you've been arrested for DUI or falsely accused of DUI, it's important that you have a DUI lawyer on your side to defend your case. With increased enforcement of drunk driving laws in West Virginia, the penalties can be steep for DUI and related charges.

According to a June 28, 2010 report by CBS News, long-term diseases such as Alzheimer's, cancer, heart failure and other conditions, cause more than 80% of American deaths every year. For the families of elderly or infirmed patients, it can be difficult to stand by and do nothing while a loved one is suffering. The same is true for many caring doctors and medical professionals who make every effort to save people's lives in their last days.

In the weeks or months leading up to death, the vast majority of ill patients opt for radical procedures like radiation, chemotherapy and experimental treatments in an effort to prolong life. However, the CBS News report claims that these treatments can actually cause more pain than the patient may have had if he would have chosen to live out his last days without drastic medical measures.

Our desire to live is stronger than our common sense, however, in many cases, says the report. But this desperation to save your own life or the life of a loved one can lead to medical mistakes as well as increased suffering. In many cases, families that push for radical procedures end up suing the doctor or medical staff who failed to take the proper precautions when administering such treatments.

If you have experienced the wrongful death of a loved one due to medical malpractice, contact an experienced lawyer in West Virginia. Only an attorney can tell you whether or not you have a valid case. Medical malpractice can be very tough to prove and you will need a legal professional on your side in order to recover damages.

Medical malpractice cases are defined as those in which a patient suffers harm due to the negligence or willful action of a doctor, nurse or other medical professional. Health care providers have the responsibility to provide a basic level of care that is widely accepted in the medical field for any given situation. Doctors must act with reasonable care when administering drugs, performing procedures and treating and advising patients. If proper procedures are not followed, medical malpractice lawsuits are often filed in an effort to recover damages for injuries suffered as a result.

Determining medical malpractice can be tricky, however. Just because you have a negative side effect from a drug a doctor prescribes or because you don't get better after surgery does not necessarily mean you have grounds for a medical malpractice case. These cases often require complete documentation of the medical history, outside research and expert testimony from witnesses and other medical professionals. Further, you must prove that the doctor's breach of the standard of care needed directly resulted in tangible harm or injury.

If you believe that you or someone you care about has been injured by the negligence of a doctor or other medical professional, it's at least worth consulting a personal injury attorney in West Virginia to speak about your case. Most attorneys work on a contingency fee, which means that you don't have to pay for legal assistance until you recover money for your injuries. If a lawyer believes you have a case, he or she will work for you to fight for your rights and will take a fee after a settlement is reached. For many people who can't afford legal representation on their own, this is an ideal way to reach a successful conclusion in a medical malpractice case.

Summer is the perfect time of year to ride bikes through the beautiful roads and trails across the state of West Virginia. Although many riders are able to safely navigate through the streets, accidents do happen. To help safeguard riders against injury, the state mandates that every bicycle rider under the age of 15 must wear a helmet. Further, some towns in West Virginia have even stricter rules regarding helmets and older riders, such as in the following locations:

Clarksburg - Riders under the age of 18 must wear helmets
Morgantown - Riders of all ages are required to wear helmets
South Charleston - Riders under the age of 18 must wear helmets
St. Albans - Riders under the age of 18 must wear helmets

In addition to wearing approved helmets, the National Bicycle Safety Network (NBSN) recommends several ways to help riders stay safe this summer:

1. Young riders should take a bicycle safety course in order to learn good riding skills, such as how to perform panic stops and how to ride in inclement weather.
2. Be familiar with off-road and trail bicycling techniques and use only equipment that is suitable for the terrains on which you'll be riding.
3. Educate yourself and any riders in your family as to the laws for bicyclists in your area, including hand signals, where riding is permitted and which traffic signals you must obey.
4. Equip your bicycle, helmet and riding gear with the proper lights and reflector strips, especially if you plan on riding at night. Blinking red lights are preferable over stationary lights. A bright white headlight is also helpful and recommended.

Proper bicycle safety can prevent broken bones and head injuries that are commonly reported from these types of accidents. If you have been injured by a vehicle while riding your bike, be sure to contact a West Virginia personal injury lawyer to defend your rights.