West Virginia Injury Lawyer Blog

As we discussed in Part I of this entry, air bags can save your life in an auto accident, but they can also cause severe injuries such as temporary or permanent hearing loss and tinnitus (ringing or buzzing in the ears). When an airbag deploys, it causes a rapid and often violent explosion. The airbag, although more helpful than harmful usually, can cause still collateral damage to car accident victims. X-rays and CT scans are often needed to accurately diagnose hearing loss and other problems. This is why it's so important to get a medical examination after an auto accident. With proper medical diagnosis, a personal injury lawyer can help you recover fair compensation for your injuries.

Common Signs of Hearing Loss
If you have been in an accident in which the airbag deployed, it is critical that you are checked for signs of hearing loss. These include muffled hearing, trouble understanding what others are saying, difficulty distinguishing between direct conversation and background noise, the inability to hear when there are competing voices, listening to the radio or television at higher than normal levels, avoiding conversations you would have taken part in before the accident and even depression. You may also have other physical symptoms, such as ear bleeding, pus leakage or vertigo.

Although some ear injuries can heal on their own, many are permanent. Damaged eardrums can be surgically corrected for some people and devices can be implanted for others to increase hearing ability, however, there is no complete cure. This is why you need a lawyer on your side - to fight for the compensation you deserve for your injury.

Air bags save lives in West Virginia every day. However, the rapid and loud explosion required for immediate airbag deployment can cause injuries that result in temporary or permanent hearing loss in car accident victims. The average airbag deployment causes sound pressure equal to 170 decibels - louder than a close-range shotgun blast or a jet engine.

This type of noise exposure is enough to rupture eardrums, cause ear canal bleeding and create permanent "tinnitus." According to the Mayo Clinic, tinnitus (pronounced TIN-i-tus) is defined as noise or ringing in the ears. It can also exhibit as persistent buzzing, roaring or pulsating sounds in the ears. This condition is serious because it not only affects the way people hear, but it can also cause disruptions in equilibrium, causing unsteadiness and dizziness.

No matter if the car accident is at a low speed or a high speed, airbags will always deploy at the same explosive rate and noise level. Airbags are actually equipped with small explosive mechanisms that inflate them within a fraction of a second. Impact with an airbag can save your life, to be sure, but it can also cause dislocation of sensitive bones in your ear, such as those that transmit sound from the middle ear to the inner ear (cochlea). This is how hearing loss often occurs.

If you or someone you love has experienced tinnitus or hearing loss after an auto accident in West Virginia, contact a personal injury attorney right away. It is important that you have a legal representative to advocate for your rights in the event of hearing loss, since this is a problem that is going to affect the rest of your life. A lawyer can get you adequate compensation for your permanent injury.

Starting in the middle of May, West Virginia towns all across the state began enforcing strict "Click It or Ticket" campaigns to crack down on drivers and passengers who don't wear seat belts. In Beckley, for instance, police began their campaign on May 17, 2010 and it will last through the end of the month. Local law enforcement will be setting up checkpoints and watching vehicles vigilantly to ensure that drivers, passengers and children are all buckled in properly.

Statewide, police hope to help save lives this Memorial Day weekend. According to Sgt. Paul Blume of the Beckley Police Department, "About 15,000 lives are saved each year by simply wearing seat belts." In addition, the National Highway Transportation Safety Administration (NHTSA) warns that air bags are not enough to save you, and that without a seat belt, you can actually be harmed more severely by being thrown into a deployed air bag.

In addition to your own driving safety, wearing a seat belt can also help you safeguard against drunk drivers who may be traveling the roadways over the holiday weekend. AAA estimates that approximately 32.1 million people will take trips over the Memorial Day holiday. Many of those people will be driving on the roadways and others will be traveling on buses, boats, trains and other modes of transportation.

The Click It or Ticket campaign is an annual event around holiday time. The program has helped increase seat belt usage from 48 to 90 percent in West Virginia. A seat belt can truly save your life you're involved in an auto accident, so wear one every time you get in a car. If you are involved in an accident, be sure to contact a West Virginia personal injury lawyer right away to ensure your rights.

On March 2, 2010, the West Virginia Senate passed a bill that proponents say could save you a significant amount on your auto insurance. Senate Bill 394 allows the DMV (Department of Motor Vehicles) to start using an electronic verification system that will alert law enforcement immediately if a driver is operating a vehicle without insurance.

Right now, insurance companies must notify the DMV of uninsured drivers, then the DMV must notify the West Virginia State Police. At this point, state troopers are instructed to find uninsured vehicles and remove the license plates. But, this method has proven to be too time-consuming and laborious given limited state resources. According to an article in the Herald Tribune, slow communication between the DMV and insurance companies has also made it difficult to keep track of uninsured drivers.

If the House passes this new bill, however, insurance companies with clients in West Virginia would have to submit proof of insurance directly to the DMV. This information would be stored in an electronic database that would be shared with law enforcement. The new system would be accessible directly from state trooper patrol units for use at traffic stops, accident sites, hit-and-run scenes and police chases. The information would show up as soon as the officer runs the license plate number.

The hope is that over time, fewer drivers would risk operating their vehicles without insurance, as more citations are written. In turn, insurance companies would eventually be able to lower their auto insurance premiums as the number of uninsured claims decreased (as has been proven in other states). If an uninsured motorist has hit you, you know how difficult it can be to recover damages. Talk to an auto accident lawyer in West Virginia about your case today.

Hit-and-run drivers are responsible for one out of every eight traffic accidents in West Virginia, according to the National Highway Traffic Safety Administration (NHTSA). Hit-and-run drivers are those who leave the scene of an accident without stopping after a collision. The reasons vary, but many drivers flee accident scenes because they don't have state-required insurance; others leave the scene simply because they panic. Either way, a hit-and-run accident can be quite devastating to your car and your sense of security.

Hire a Lawyer to Help Track Down a Hit-and-Run Driver
A lawyer can work with an accident reconstruction expert to figure out exactly what took place and to find clues that can help locate the negligent driver. Time is of the essence in accident reconstruction, so it's crucial that you hire an auto accident attorney immediately so that you can collect the most supporting evidence for your case:

Witness Accounts - Even though they may not have come out to help you, people in neighboring homes or businesses likely saw what happened during your accident. They may be able to provide identifying information about the hit-and-run driver's car, appearance and direction of travel after the accident.

Accident Scene Evidence - At the scene of the accident, you might be able to find clues that can help you track down the other driver, such as evidence of paint transfer on property, broken car parts and even apparel lost during the accident. In New Jersey, a driver was captured when police found his license plate on the scene after he'd knocked down a telephone pole.

Security Camera Footage - Local business owners or homeowners may have been operating closed-circuit security cameras near your accident scene. Especially in parking lots or industrial areas, there is usually a high concentration of security cameras.

It's New Year's Eve and many West Virginians are looking forward to a fun night of celebrating. While most people will have a safe and responsible night, some people will inevitably get behind the wheel after they've had too much to drink. Drunk driving in West Virginia isn't only a problem around the holidays, either. According to the Times West Virginian, an estimated 128 people died in traffic accidents involving alcohol-impaired (having a blood-alcohol content of .08 or higher) drivers in 2008 in West Virginia.

Here are some other shocking statistics:
- Across the nation, an estimated 11,773 people were killed in drunk driving crashes in 2008.

- On average, a drunk driver kills someone every 45 minutes in the United States.

- The National Highway Traffic Safety Administration (NHTSA) reports that about 34% of all traffic fatalities in 2008 were the result of drunk driving-related crashes.

- MADD (Mothers Against Drunk Driving) estimates that more than 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or drugs.

In response to the rise in the number of drunk drivers on the road on New Year's Eve, the West Virginia State Police and other local police agencies are stepping up their patrols to keep people safe and to discourage drinking and driving. If you get a DUI, your license can be suspended and you'll get slapped with a heavy fine. You may even have to spend the night in jail. Underage drinkers (under 21) are subject to a zero tolerance policy - if they get caught driving under the influence, their licenses will be revoked. If you or someone you love has been hit by a drunk driver, contact a personal injury lawyer immediately.

According to the West Virginia Department of Transportation, all drivers must carry a minimum level of accident liability insurance on passenger vehicles. Drivers must have at least $20,000 in coverage for one accident with one injury, $40,000 for one accident with two injuries and $10,000 for property damage. These requirements are designed to protect drivers so that they are protected when accidents happen.

But what do you do when an uninsured driver hits you? In West Virginia, insurance companies offer "Uninsured Motorist" coverage, which protects drivers in the case of an accident in which the other driver is not insured. You can recover damages for medical costs and property damage up to the amounts covered under your plan, just like you would if the other driver was carrying liability insurance.

I Don't Have Uninsured Motorist Coverage. Can I Still Recover Damages?
Yes. You can sue another driver for negligence, even if you don't have insurance coverage for uninsured drivers. You will want to talk to an auto accident attorney in West Virginia about your options. Not only can you get money for your medical bills and property damage, but you can also make sure that the other driver pays under penalty of license suspension.

By law, you may file a claim against an uninsured driver through civil court. Once a judgment is awarded, you have to submit a copy of the court order and accident report to the Department of Motor Vehicles. At this point, the DMV will suspend the uninsured driver's license. The suspension will remain in effect until the judgment is paid in full or the defendant has entered into an installment payment plan, whichever comes first.

In West Virginia, you can often seek damages from a negligent driver to cover the costs of your associated medical treatments after an auto accident. But what is your legal recourse for old injuries that are aggravated from an accident? Back pain, neck injuries, healing bones and other conditions can be inflamed after a new shock to your body, but can you sue for these costs if they already existed when you had an accident?

The answer is yes, if you meet a certain burden of proof. A personal injury lawyer can help you figure out what damages are recoverable based on the specifics of the accident and the extent of your injuries. Even if you were already suffering from a previous injury, you may be able to collect for the aggravated injury caused by the new accident.

Auto accidents can make existing or latent injuries worse. If you've been injured, keeping a daily diary documenting your pain and physical restrictions as a result of the new injury can help establish your case. Be sure to keep record of both physical and emotional effects, as your lawyer may be able to collect money for you on both accounts.

Further, you'll need an immediate medical exam (and subsequent follow-up exams, depending on the severity of the injury) to document your new injury and how it's affected your previous condition. And it's not just outward injuries that should be carefully watched; head trauma and brain injuries are a chief concern as well. Especially if you have a history of concussions or Traumatic Brain Injury (TBI), you must track cognitive and behavioral patterns as well and report these to a medical professional and to your lawyer.

The moments immediately after a car accident can be frightening. You're not sure if you or you passengers are okay and you may be very confused as to what just happened, especially if you didn't see the collision coming. But what you do right after a car accident can be vital in determining the success you'll have in recovering damages for your injuries and property damage. Here's a checklist for an accident scene:

1. Secure Your Vehicle. If you can, drive the car to the side of the road or off the main road if possible without injury to yourself or further damage to the car.

2. Make sure you and your passengers are safe. If you are injured, don't attempt to move or leave the vehicle. Call 911 to reach the police or emergency response services.

3. If you are uninjured, look for witnesses and get their contact information so that they can corroborate your story. Exchange insurance information with the other driver and be sure to take down the other vehicle's license plate number, make, year and model. Also get the personal contact information of the driver.

4. Report your account of the accident to police, but do not admit fault. If the police ask you to sign a ticket, you must comply, but you do not have to accept responsibility on the scene.

5. Use your cell phone or camera to take pictures or video the accident scene, damage to your vehicle and others involved as well. Make a note of the time of the incident, weather and road conditions.

6. Call your insurance provider and report the accident.

7. Get a medical exam, even if you don't feel like you've been injured. Some injuries take days to develop and you'll need an exam to prove your injuries if you decide to hire a personal injury lawyer to recover damages later.

In West Virginia, there is no universal regulation regarding talking on a cell phone or texting while driving (although minors under 18 cannot text or call while driving), so it's up to drivers to use responsible judgment to avoid accidents caused by driver distraction.

According to Distraction.gov, the U.S. Department of Transportation's website dedicated to providing information about distracted driving, 16% of all crash fatalities (5,870 people) in 2008 were attributed to drivers who were distracted at the time of the accidents. Another 500,000 people were injured as a result of distracted driving, and those numbers are rising every year as cell phones and other technology become more widely used.

What is Distracted Driving?
Distractions can be visual (taking your eyes off the road), manual (taking your hands off the wheel) or cognitive (taking your mind off of what you're doing). Non-hands-free cell phone use and texting are especially dangerous because they both involve all three types of distraction. Distracted driving isn't just talking on a cell phone or texting, either. Eating, drinking, talking to passengers, grooming, reading maps or GPS, watching videos and changing the station on the radio or song on an MP3 player can all distract you from your driving duties.

If you've been injured as the result of someone's carelessness while driving, you must protect your rights. Hire an auto accident lawyer in West Virginia to help you fight your case. A lawyer can use reconstruction experts to recreate the scene of the accident, as well as witness to corroborate your account of the incident as it happened.

According to the West Virginia Insurance Commissioner in 1997, five thousand six hundred ninety-seven (5,697) teens died in the United States due to motor vehicle car crashes. Thirty-six percent of all deaths of 16-19 year-olds out of all causes were related to motor vehicle accidents. In an effort to protect teens from the serious injuries that can result from car accidents, the legislature has enacted new laws concerning teenage drivers.

The Department of Motor Vehicles requires that under the new law, level 2 (intermediate) drivers may only drive unsupervised (by a licensed adult age 21 or older) between the hours of 5:00 a.m. and 10:00 p.m. Under the old law the unsupervised time extended up to 11:00 p.m.
Under level 2 (intermediate) drivers may not have any unrelated passengers under the age of 20 for the first six months after they pass the Road Skills test and are limited to only one unrelated passenger under the age of 20 for the next six months.
The current law prohibiting Level 1 (instruction permit) and Level 2 (intermediate) licensed holders from using any handheld cell phone or text messaging device. These law can be enforced as a primary offense meaning law enforcement can stop and ticket a teen driver without an accompanying violation to justify the stop.
The number of hours of certified driving experience is now 50 hours, 10 of which must be at night. This is a requirement to be eligible to take the Road Skills test for moving up to the Level 2 (intermediate) driver's license.
In order to know the new requirements, all new drivers need to contact their local DMV and obtain copies of the new requirements for teenage drivers.

It can happen to any of us. Someone we love is the victim of a car accident and through no fault of their own are seriously injured. Most people unfortunately assume that because the other driver had insurance that they will be fully reimbursed for their loss. This is often not the case because most drivers in West Virginia carry the minimum insurance they are required to carry. When a person is injured in an accident it is can be a significant loss, which include medical bills, lost wages, and pain and suffering.

A driver in West Virginia is currently required to carry only 20/40/10 in coverage, which translated means $20,000.00 in liability per person, $40,000.00 per accident and $10,000.00 for property. This leave a person who may have been injured in an accident without sufficient coverage from the at fault driver to cover their damages. If this is the case then the person needs what is called underinsurance coverage.

Underinsurance is coverage which you purchase on your own automobile policy to help if you are injured in an accident and the at fault driver who injured you does not carry enough coverage.

The West Virginia Insurance Commissioner requires that all policy holders be advised of their rights to underinsurance and what amounts are available. Underinsurance is so important that in West Virginia your insurance agent is required to review this available options with you and you must select or reject in writing your rights to underinsurance coverage.

Always read closely prior to signing any documents and ask your insurance agent ? "Do I have underinsurance coverage and what are the limits of my coverage?" Now is the time to update your policy before it is too late.

It can be a scary chain of events through no fault of your own you are in a car accident. Your life seems to be spinning out of control and you are rushed to the hospital, treated in the emergency room and after a few difficult days, you are released.

You feel lucky to be alive, but the worry is not over. How are you going to pay for the hospital and the medical bills. The very institution that help save you life is now scrambling and looking to you for money.

Before the calls what can you do? Like many West Virginians, you may have no health insurance. However, hopefully, prior to this accident, you have opted to have medical pay added to your auto insurance policy. Wait a minute you say, "The accident wasn't my fault, doesn't the other person's insurance have to pay?" Well, you are only half -right.

The at-fault party's insurance company does have to pay under the liability provisions of the at fault driver, but only one time and with one lump sum in exchange for a full release. Unless you settle you case early before you have completely recovered the at fault insurance company will not help you. What they want is for you to settle early before you know if you have fully recovered or may have future medical bills. If you settle too soon, you cannot recover any future damages if you later have a medical setback. This is where if you have med pay on your policy you can turn for help.

The West Virginia Insurance Commission defines medical payments coverage as a form of insurance that pays for medical and funeral expenses regardless of liability.

Most policies in West Virginia provide for medical payments coverage and some insurance companies wisely offer higher levels of medical payments coverage. For example, State Farm policies routinely has $25,000 in medical payments coverage.

In these difficult economic times, we are all trying to find ways to cut cost. However, check with your agent to determine the amount of med pay you have on your policy. If you are without health insurance, med pay can be a welcome discovery, if unfortunately you or your passenger are in an accident.

Currently in West Virginia, the insurance companies are changing their approach on how adjustors handle the claims of persons involved in automobile accidents. When someone is in an accident, it is not something that they want in their lives. Often, it is the first time they may have a claim that involves injury to themselves or to a loved one. They are looking for help and are fearful that if they contact an attorney that it may be viewed negatively or could cost them.

Some unethical adjustors take advantage of this situation. They contact victims in their hospital rooms and obtain statements while they are under medication or at their homes when they are still reeling from the accident and confused. If an adjustor has treated someone improperly a complaint can be filed with the insurance commissioners office.

Most people do not know that they can contact a lawyer free of charge with answers to what appears to be a confusing issues. First, you do not have to talk to an adjustor. Although the adjustor may appear to be kind, his or her's primary concern is protecting their employer, the insurance company. They will do this by negating or eliminating liability on their insured and by minimizing your injuries. An adjustor will do this under the guise of obtaining an interview which will be recorded, often when you are not in the emotional state to give one. You do not have to give a statement to or talk to an adjustor. Often after an accident a person will not know the full extent of their injuries and will tell an adjustor "I think I'm ok" when in reality they are not.

Second, you do not have to sign any papers for the adjustor or insurance company. Some adjustors will try to get an injured person to sign a medical release so they can obtain your confidential medical records. There is not a requirement for you to sign a medical release. In fact, the HIPPA requirements were developed to protect your right to privacy regarding your medical treatment. Some companies store these records in a database which they will use without you consent.

Continue reading "Car Accidents in West Virginia and the Role of Adjustor Regarding Accident Victims" »