West Virginia Injury Lawyer Blog

We all know that driving while under the influence is a dangerous proposition at best, and a deadly one at worst. However, many people don't realize that talking on the phone, eating, putting on make-up, or any number of other activities that take your focus off the roadway is equally as dangerous. Driving while distracted reduces a driver's reaction time to a level similar to someone driving while intoxicated, which is why so many accidents are caused by driver inattention. The National Traffic Safety Administration has found that distracted motorists cause sixteen percent of fatal car crashes in America, and twenty-one percent of wrecks that result in injuries.

In light of these figures, the Kanawa County Sherriff's Department aims to create West Virginia's first distracted driving program. The Charleston Gazette reports that 301 accidents in the county were caused by distracted drivers in 2009 and 2010, and the aim of the program is to educate the populace just how dangerous dividing your attention while operating a vehicle can be. The plan is to make presentations at local schools and businesses, and have participants drive a course in a golf cart -- on the first go-around people can focus solely on turning and stopping, and the second time an officer will converse with the driver while someone else texts them as they drive the circuit. The officers hope that driving the course will give folks first-hand experience with the dangers of driving distracted, and will get everyone to start paying attention to what's important when they're behind the wheel... the road.

As a law office that sees first hand the damage that is done to the parties involved in automobile accidents, we here at the Wolfe Law Firm are encouraged by the Kanawa County Sherriff's Department's plan to educate the communities it serves about the dangers of distracted driving. However, as the numbers above show, there are still many injured every year by the inattention and negligence of other drivers. If you've been hit by someone who wasn't paying proper attention to the road, then you may have a legal claim for damages and should consult a West Virginia car accident attorney as soon as possible.

WSAZ reports that a train collided with a pick-up truck in Wayne County, West Virginia last week that resulted in the death of two people. Evidently, the locomotive was traveling at full speed when it struck the vehicle at a private railroad crossing along U.S. Route 52 near Whites Creek in the afternoon of March 19th. The cause of the accident is unknown, but it seems possible that the lack of signs, lights, or warnings at the crossing played a part in causing the collision. Emergency crews responded, but the truck was torn in half on impact and unfortunately neither the driver nor passenger survived.

We here at the Wolfe Law Firm wish to send our sincerest condolences to the family and friends who survive the victims of this terrible incident. There is much to deal with in the wake of such a crash, and while it may not be the first concern, filing a wrongful death action should be considered. Despite the fact that the incident described above occurred at an unmarked private railroad crossing -- where West Virginia law doesn't require signage -- the family members may have a legal claim. In this instance, the owner of the private crossing may be liable for the lack of warnings around the crossing, and the train conductor (and the railroad company he works for) may be liable for operating the train in a negligent manner and failing to blow the train's whistle before the crossing. An in-depth investigation of the events would be required to fully understand what caused the accident, but a West Virginia wrongful death attorney could conduct the necessary research to discover whether there is a valid legal claim.

No one can be fully compensated for the loss of a loved one, but West Virginia law does provide legal recourse for those who are so affected. If a member of your family has perished due to circumstances beyond their control, there may be a wrongful death claim. Not every situation gives rise to legal liability, but the only way to be sure is to consult with a qualified attorney. West Virginia law only allows such claims to be brought within a certain amount of time, and the sooner you speak with a lawyer, the better chance you have of successfully prosecuting a well-founded claim.

A two-car accident occurred in Bethlehem, West Virginia last week that resulted in the death of a woman from Sherrard, West Virginia. The Wheeling News-Register reports that the deceased perished in a head-on car accident on West Virginia State Route 88 due to head injuries suffered in the accident. According to news reports, the woman was a back-seat passenger in a southbound vehicle, and suffered her fatal wounds when a northbound car veered across the road's center line and caused the collision. Unfortunately, the woman was not wearing a safety belt at the time and was killed in the impact - thankfully, the driver and front-seat passenger in the vehicle escaped without sustaining any life-threatening injuries. A preliminary investigation revealed that the driver who caused the accident fell asleep behind the wheel and drifted into the southbound lane. Authorities are completing their full investigation, and charges may be filed once the crash has been fully evaluated.

The family surviving the victim of these unfortunate events may have a wrongful death claim based upon the legal negligence of the driver who caused the accident. To support such a claim, it must be shown that: the driver who fell asleep had a duty of care in operating her car, she breached that duty by driving when she was tired, and that breaching her duty caused the accident. The duty of care is determined by what a reasonable person would do in a similar situation - so, if a jury determines that the driver did not act unreasonably in driving her car, there will be no finding of negligence and the wrongful death claim will fail.

Proving negligence can be a difficult task because the circumstances of every situation are different, and there are no bright-line laws or statutes that determine what constitutes a negligent act. Because of this ambiguity in the law, the aid of a trained West Virginia Wrongful Death attorney can help to make sure that your case is handled properly.

This past week, a woman driving her car on 3rd Avenue in Huntington was allegedly forced off the road by a tractor-trailer, which caused her to crash into a nearby duplex. WSAZ reports that the incident occurred where 26th Street crosses 3rd Avenue, and the semi-truck fled the scene after cutting off the driver and causing her to careen off the roadway. Thankfully, neither of the two occupants of the ground floor apartment in the duplex were injured, and the driver and passenger in the vehicle escaped the wreck unscathed as well. The accident is currently under investigation, and the trucking company has admitted that one of its drivers was involved.

In instances like the one described above, the legal ramifications for the company employing the driver who caused the accident could be quite large. If the man driving the truck was acting in the scope of his employment, then the company can be held liable for the damages that flow from his actions, which in this case is damage to the other vehicle and the duplex. However, such a case is not cut and dry, as West Virginia follows the 50% rule - meaning as long as the victim is found to be less than 50% at fault in causing the accident, she may recover for her damages. Otherwise, she'll be denied recovery by the courts.

While we all try to be safe when operating a motor vehicle, there are those who are less careful on the roads today. Defensive driving can help avoid many accidents -- but there are situations, such as the one reported above, that put you between a rock and a hard place. When circumstances out of your control -- such as the negligence of other drivers -- cause you to suffer, you should call a West Virginia automobile accident attorney right away. Your attorney knows the law and can help get you compensated for your damages and help you deal with any legal repercussions that follow from such unpleasant events. Don't wait, as the sooner you obtain representation, the sooner your lawyer can help get things resolved.

The Associated Press reports that a steam valve failed at the ArcelorMittal tin mill in Weirton, West Virginia on Friday. After the malfunction, four workers were injured in the ensuing discharge, and one worker was injured seriously enough to be taken to a hospital in Pittsburgh over thirty miles away. One victim was taken to a local hospital, then released, and the remaining two were treated on site at the mill. The cause of the accident is still unknown, but is being investigated both by ArcelorMittal and United Steelworkers Local 2911 union.

West Virginians are some of the hardest working people in our great nation, and our citizens have long been accustomed to the dangers posed by working in tin mills. The tin industry has served as crucial element of our nations growth, and its importance to both the United States and West Virginian economies remains to this day. Accidents like the one that occurred in Weirton are an unfortunate byproduct of the monetary benefits brought by the presence of metal foundaries in our great state. When such accidents occur, the victims may have workers compensation, personal injury, or wrongful death claims. Consulting with a West Virginia personal injury attorney in the wake of such incidents gives you the ability to sift through the circumstances of the accident and discover the best course of action to ensure that your rights are protected.