West Virginia Injury Lawyer Blog

In West Virginia, uninsured motorists cause a wide range of auto accidents every year, from fender benders to fatal collisions. The only real precaution you can take to safeguard yourself is to carry uninsured motorist coverage on your auto policy. As a matter of fact, the state of West Virginia requires every driver to carry at least $20,000 in uninsured motorist coverage.

Uninsured motorist coverage protects you in the event that a driver who hits you is driving illegally without insurance. While insurance companies will work to pay your claim, they will also work against you in many cases to pay you the bare minimum. But they're supposed to be your ally, right? Wrong. Insurance companies make money by collecting premiums and paying out as little as possible to claimants. That's why it is often necessary to hire a lawyer to fight for your rights in an uninsured motorist claim.

A lawyer can help you gather evidence to support your claim, call in expert witnesses to testify on your behalf, and gather reports from eyewitnesses who can corroborate your case. If you've been hit by an uninsured or underinsured motorist on I-79, Route 50 or in locations such as Upshur County or Harrison County, it is imperative that you call a reliable auto accident attorney to defend your rights. A lawyer can help you recover damages for your injuries to cover your medical expenses, lost time from work and/or pain and suffering.

The Occupational Health and Safety Administration (OSHA) is a part of the federal government's U.S. Department of Labor. OSHA is responsible for monitoring and regulating safety rules for businesses and industries across the nation. Part of OSHA's jurisdiction is controlling and preventing fires and explosions. According to federal mandates, employers must adhere to the following fire safety rules:

1. Employers must have fire prevention plans as required by OSHA standards.

2. Fire prevention plans must be posted in writing in the workplace so that all employees can review them. For companies with fewer than 10 employees, fire prevention plans can be communicated verbally.

3. Fire prevention plans must include: a list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control and the fire equipment necessary to control each major hazard. They must also include a description of procedures to control accumulations of flammable and combustible waste materials, procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent accidental ignition of combustible materials, the name/job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires and the name/job title of employees responsible for the control of fuel source hazards.

4. Employers must also inform employees upon initial assignment to a job of the fire hazards to which they are exposed.

If these rules are not followed, employees can be at a much higher risk for injury from fires and explosions on the job. If you have been injured in the workplace due to improper procedures, contact a lawyer to fight for your rights.

Recent sporting injuries like the spinal cord injury of a football player from Rutgers University this month are shedding light on developments in treating these devastating injuries. According to an October 18, 2010 article in the LA Times newspaper, new uses for embryonic stems cells are giving hope to victims of spinal cord injuries.

The article outlines the story of an Atlanta-based patient who was the first to be treated this month with therapy that utilized human embryonic stem cells. Research clinicians were testing the safety of specialized nerve cells that they hoped would repair damaged spinal cords. The results remain to be seen in the human patients of the study, but rats that were treated using the same methods showed marked improvement in the ability to walk and even run with a limp.

The hope of researchers is that patients who are treated with this new stem cell process will be able to not only regain mobility, but that they will also be able to regain the use of their bladders, legs and arms where applicable. There is no cure for spinal cord injury paralysis, but this new method could enhance the use of limbs and joints that were previously limited.

Every year, an estimated 262,000 people in the U.S. deal with some level of paralysis from a spinal cord injury. Many of those people suffered their injuries in car accidents or slip and falls. If you have been paralyzed in an accident, contact a West Virginia lawyer right away to determine your rights under the law.

According to a recent article published by Science Daily, new research from the University of California Los Angles and Australian scientists may lead to breakthroughs in memory for victims of traumatic brain injury (TBI). The article outlines results from clinical studies that studied how the brain learns and stores memories. In the study, scientists have shown that the way the brain first captures events or situations is different from how it actually stores subsequent memories.

Regular memories are formed in the hippocampus part of the brain. This area is also one of the most vulnerable sections of the brain, and is most often damaged through traumatic injury, stroke, lack of oxygen or by Alzheimer's disease. When a memory is initially formed, scientists have located a particular protein that is involved in synaptic transmission. This protein is called the NMDA receptor.

According to researchers, activation of the NMDA receptor allows calcium to enter a neuron, which subsequently enables a whole chain of molecular reactions that help solidify memories of experiences. Theories about this process hypothesize that learning simply cannot occur without these receptors, which is a breakthrough in the way we think about brain injuries.

Research suggests, then, that those who have suffered damage to the hippocampus can now be treated with processes that focus on the NMDA receptor as opposed to the normal cognitive enhancers given to TBI and Alzheimer's patients. If you or someone on you love has suffered a traumatic brain injury in an accident, you should contact a lawyer to determine if you are owed compensation that could pay for your TBI treatments.

As the boating season comes to a close in West Virginia, it's important to take precautions for next year to ensure that new boaters are aware of the rules of the state regarding safe boating operation. According to the State of West Virginia, the following regulations must be followed in order to operate a boat on waters within the state:

1. Anyone born after December 31, 1986 must complete a boating education course before they can operate a motorboat or personal watercraft in West Virginia.

2. Operators must satisfactorily complete a state-approved boating course or a course approved by the National Association of State Boating Law Administrators (NASBLA).

3. Boat operators must present their class completion certificate upon request made by a West Virginia Conservation Officer or any other law enforcement officer qualified to make such a request.

4. You must be 15 years of age or older to operate a boat in West Virginia, although children ages 12 to 15 are allowed to operate a watercraft under the direct supervision of an adult. Children from 12-15 years in age who operate boats with motors less than 10 horsepower (hp) do not need direct supervision of adults. No operators are allowed under the age of 12.

Boating regulations are put in place to safeguard you and your loved ones while enjoying recreational activities on West Virginia's numerous waterways. If you have been injured in a boating accident through the fault of another operator, it is crucial that you seek legal representation for your case. You may be able to receive compensation for your injuries and time lost from work.

A recent study released by State Farm Mutual Automobile Insurance Co. found that drivers in West Virginia are more likely to hit a deer than any other drivers in the nation. For the fourth straight year, the study found that motorists in West Virginia had the highest rate of deer-vehicle accidents in the nation, with the state total at 68,561 for the last two years.

One in every 42 drivers in West Virginia will likely hit a deer in the next year, says State Farm. The company believes that expanding city limits and new roads are to blame for many of these car-animal encounters. More than 80 percent of the state is made up of forestland, and many of the highways in West Virginia cut winding paths straight through the natural habitats of deer.

On average, State Farm reports that deer accident claims cost $3,103, although some West Virginia body shops report repairs costing as much as $14,000. Many of these accidents occur in the fall, as mating season picks up and more deer are traveling across busy roads. The busiest month for accidents is typically November, the peak of mating season. Insurance companies warn drivers to constantly check their blind spots, as most car-deer collisions happen when the deer runs into a driver's blind spot.

Multi-car crashes due to deer collisions can also be problematic in West Virginia. When drivers swerve to avoid deer, they often crash into other cars on the road. If you've been involved in this type of accident, contact an auto accident lawyer to recover damages for your injuries.