West Virginia Injury Lawyer Blog

Many parts of West Virginia are beautiful, especially in the fall. However, beautiful areas like Appalachia have perils that you would not expect: such as auto collisions with deer. At this time of year, the collisions are most common, as deer are prone to be most active.

For the fourth year in a row, West Virginia was rated by State Farm as the number one state for auto collisions with deer. Right now, with hunting season starting and deer mating, deer are constantly on the move. Not only are they roaming around in the usual rural areas, but also they are appearing more frequently in suburban areas. Part of the reason is suburban sprawl, but the other is that the deer population is growing. At the least, deer can be a nuisance for property owners. At worst, it can mean a fatality for both the deer and you.

Fortunately, deer fatalities remain low -- nationwide, they amount to 200 per year. However, that doesn't mean that a collision with a deer cannot cause a lot of damage. In neighboring Ohio, reported deer collisions were 23,201, but Department of Transportation officials believed that it could be as high as 60,000 because so many people fail to report the collisions. The majority of collisions occur between 5 pm and midnight, when visibility is at its lowest. Motorists often don't see the deer until they are right in front of their headlights, and by then it's too late.

Officials are urging motorists to use extra caution between dusk and dawn and to watch for deer crossing signs. If you see a deer while driving, chances are there may be one or two more nearby. If you accidentally hit a deer, you should report it to a law enforcement agency as soon as possible.

If you accidentally hit a deer, you will be forced to pay for the damage out of pocket or through your insurance. You can't sue a deer for colliding with your car, so it wouldn't be worth it to hire an attorney to represent you. However, most auto collisions are between two people and are avoidable. If you are involved in an auto collision, don't hesitate to hire an experienced West Virginia car accident attorney. An attorney has the resources to quickly investigate the scene of the collision and to interview witnesses. An attorney can also help you obtain damages (a money award) for the injuries that can result, such as head, neck, and spinal injuries. You would file a lawsuit against the other driver for negligence and if you prevailed, the jury would award you damages. Even if you were partially at fault for the accident, in West Virginia, you can still collect unless you are 50% or more at fault.

Continue reading "West Virginia Officials Urge Motorists to Drive More Cautiously to Avoid Deer Collisions" »

One day after a terrible Reno, Nevada air crash, a Martinsburg, West Virginia air show cancelled its second day of events after a stunt pilot was killed in a crash. The pilot was to perform a maneuver with a second pilot as part of a six-plane T-28 Warbird Aerobatic Formation Demonstration Team, which has performed stunts around the country. The two planes were supposed to pass each other laterally, then pull up and perform a roll. The entire routine was supposed to last for 15 minutes, but instead the crash occurred five minutes in. No one on the ground was injured.

National Transportation Safety Board investigators are trying to learn the cause of the crash. As in Nevada, the plane was an antique, a 1958 fixed-wing, single-engine T-28. The identity of the pilot has not been released, though ownership records trace the plane to Jack Mangan, a former Air Force fighter pilot and flight instructor.

We at the Wolfe Law Firm express our sincere condolences to the pilot's family. The only fortunate thing is that the tragedy in Reno, Nevada, where nine people on the ground were killed, was not repeated here. Still, when you experience such a tragedy, you wonder what your options are. If it turns out your loved one was not responsible for the events that led to the crash, and the plane was owned or maintained by a third party, such as a mechanic, you might sue for wrongful death. You would argue that the mechanic owed a duty to your loved one to properly maintain the plane; that the mechanic breached the duty by not maintaining the plane and was therefore negligent; that the breach led to your loved one's injury; and the result was his or her death. If you hire a West Virginia wrongful death attorney and succeed with your suit, you would likely collect a money award for loss of support and services, loss of wages, funeral and possible medical expenses, and more. You might even be able to collect punitive damages if you could prove that the mechanic's actions were intentional or grossly negligent.

The same would hold true for mechanics of cars, boats, or other vehicles. Their work is extremely important and can be the difference between life and death. On the other hand, what if your loved one were someone on the ground, injured or killed by a plane crash? You could still sue the mechanic for negligence or wrongful death if he or she is found to be at fault. You could also sue the pilot (or the pilot's estate) if pilot error contributed to the crash. Frequently, multiple parties are sued in "joint and several" manner, meaning that they might all be at least partially at fault and any one of them can be forced to pay the entire amount of the money award.

A wrongful death situation is always tragic and can cause families terrible pain. A good attorney can ease the pain a little by helping families obtain relief that will get them through this difficult time.

For a change, some welcome news has come from the coal mining industry. Ever since the disaster at the Upper Big Branch mine in West Virginia that killed 29 people, coal mines have been growing safer. That had previously been the case for two decades, but the industry reached a troubling plateau in 2010. Then came the Upper Big Branch mine explosion, the deadliest in 40 years.

Yet so far in 2011, the data has been improving. Measured by hours of inspection time, there has been a 12% drop in the number of serious mining accidents during the first three quarters of the year. This came after the Mine Safety and Health Administration (MSHA) got involved, closing down some of the biggest offenders and shutting some mines temporarily until improvements could be made. Then there are efforts like those of the National Mining Association, which will be launching a program in which mining companies with poor safety records can collaborate with and learn from the companies with strong records. If the effort is successful, the number of accidents will continue to decrease. Of course, there is still work to do. As many as 14 people have died in coal mining accidents this year. Some people have noted that fewer violations does not mean that mining companies are obeying safety regulations. Phil Smith of the United Mine Workers for America noted: "There are still many mines out there which are not following the law and appear not to care to do so."

Coal mining has a long, proud history in West Virginia, as this recent article illustrates. It is definitely not a job for the faint hearted: spending most of the day in dark underground tunnels that can be as narrow as 42 inches. Coal mining companies should be doing everything possible to ensure they don't add to the danger. We at Wolfe Law Firm are pleased to see members of the industry taking safety measures more seriously.

If you or your loved one are injured in a coal mining accident, you might consider hiring a West Virginia personal injury attorney to get relief for medical expenses, lost wages, and pain and suffering. You can sue the employer directly for negligence if it does not carry workers compensation insurance. If your employer does carry workers compensation insurance, you must accept workers compensation payments in place of a lawsuit. Workers compensation provides fixed payments to take the place of your wages until you recover. It is provided when a worker is injured on the job regardless of whether the worker was at fault. You may still be able to sue for negligence if your injury were caused by a third party, such as the manufacturer of faulty equipment.

If your loved one died in a workplace accident, especially a coal mine, you could sue for wrongful death. You would argue that the employer was negligent for failing to follow safety regulations and the employer's violations resulted in your loved one's death. If you succeed, you could get a money award ("damages") just as you could if your loved one were injured. It would cover medical and funeral expenses, loss of earnings, and mental anguish. In West Virginia, you could also get punitive damages, but only if you could prove that the employer's actions were intentionally or grossly negligent.

The state fair has a long, cozy tradition. People go to the State Fair of West Virginia to camp out, see the livestock shows, and go on the rides. Staples of every state fair include the Ferris wheel, the merry-go-round, roller coasters, and more. While they seem innocent enough, looks can be deceiving. They are often hastily set up and may not follow accepted safety standards. This appears to be the case with a terrible accident that occurred at the State Fair on August 20th.

A ride operator, Adolpho Dominguez, is comatose after being hit by a gondola that was part of a ride known as The Speed. No one knows exactly why Dominguez chose to walk onto the platform while the ride was in progress, but Safety Inspector Thomas Jones recently concluded that the company (based in Gibsonton, Florida) that runs the rides needs to make changes in its safety procedures. He noted that there was no gate that could be locked to keep an operator off of the platform. Instead, The Speed was an older ride with controls on the platform itself -- something that newer rides don't allow. The company, Reithoffer Shows, Inc., is scrambling to put safety features in place that comply with the Occupational Safety and Health Administration (OSHA). OSHA regulations state: "When the operation of a machine or accidental contact injure the operator or others in the vicinity, the hazards must be eliminated or controlled."

Even if Reithoffer Shows, Inc. had provided more protection, there is a question of whether that would have been enough. A couple of fair goers who witnessed the accident thought that Dominguez was being inattentive. One thought he might have been going to watch the nearby fireworks, while another claimed that he was busy texting on his cell phone. Whatever the reason for Dominguez's injury, the Wolfe Law Firm wishes him a speedy recovery.

In difficult situations like this, an injured loved one has several options. If the company carries workers compensation insurance, your loved one would likely collect fixed workers compensation payments until he or she recovers. When companies carry workers compensation insurance, injured employees lose their right to sue for relief. If a company does not carry malpractice insurance, you may be able to hire a West Virginia personal injury attorney and sue for negligence. You could claim that the company had a duty to provide its employees with a safe environment, that it breached that duty, that the breach caused your loved one's injury, and as a result, he or she suffered damage. The problem you might face is whether, as in Dominguez's case, you contributed to the injury. West Virginia has modified comparative negligence, so if you are 50% or more at fault for the accident, you cannot recover a money award.

If your loved one's injury worsens to the point where he or she dies, you could sue the employer for wrongful death. The same steps apply as for when you sue for negligence, only now, you are suing to recover for loss of support and services in addition to medical expenses and other losses. It is important to find a skilled attorney who can explain all of your options for obtaining relief.

Two deputies at the Marshall County, West Virginia Sheriff's Department were injured when a gun that they were repairing accidentally went off. Both were rushed to the hospital. One deputy whose hand was wounded has been released, while the other remains at Wheeling Hospital, his condition listed as stable after being shot in the hip.

The accident occurred at one of the deputy's homes, shortly before they were to start their midnight shift. Both deputies were highly trained in firearm repair, and were the armorers for the Sheriff's Department. One had been cleaning the .45-caliber glock semi-automatic when a spring broke. When the deputies tried to fix it, the firearm was discharged. Sheriff John Gruzinskas said that the department would review the procedures taken to see if the deputies were following department protocol.

Gun accidents happen all too frequently across the country. As this situation shows, even people highly trained in firearm use are not immune. Which is why it is important to follow all safety protocols related to gun use, so that you are not one of the victims. However, if you or your loved one gets in an accident, and it is related to work, what are your options? Many workplaces carry workers compensation insurance, which provides fixed payments to employees who are injured on the job, taking the place of wages while the employee recovers. The good news for employees is that workers compensation can be provided regardless of fault -- so even if the two deputies did not follow all protocols, they could still collect workers compensation. The bad news is that it forces the employee to waive his or her right to sue the employer. Employees do not get to elect whether to accept workers compensation or hire a West Virginia personal injury attorney and sue in court; if an employer carries workers compensation insurance, the employee must automatically accept workers compensation. In some situations where the employee's conduct might be partially at fault -- such as if they ignored workplace protocols -- that might be preferable, since it would be harder to prove the employer's culpability in court.

In some cases, you might be able to file suit against a third party, such as the company that manufactured the gun. Maybe you could prove that it was a product liability issue: there was a dangerous defect in the gun that caused it to fire too easily despite a safety catch being on it. That defect led to your accident, and now you want to sue for damages, which will cover your wages, medical expenses, and pain and suffering. One thing you will want to watch out for is whether your culpability is as great, or greater, as the manufacturer's culpability. In West Virginia, if you are equally at fault or more, you cannot collect, even if the other party deserves half of the blame.

The Wolfe Law Firm has helped people who were involved in all manner of product liability accidents. We know how to find the evidence and the experts to help you present the strongest case possible. If you are injured in an accident, contact us to learn more about your options.