West Virginia Injury Lawyer Blog

This story will serve as a precaution for every West Virginia driver: keep an eye on the road at all times, or you could become a casualty of those who have no concern about driving while intoxicated or on drugs.

A tractor trailer driver from Mississippi was recently sentenced in neighboring Maryland to 21 years in prison for going on a high-speed rampage through three states in December 2010, including West Virginia. A police pursuit of Thomas McNeel, 43, began in West Virginia and reached speeds of 80 miles per hour by the time they reached Maryland. While driving along Interstate 70 and Interstate 81, he damaged four vehicles of civilians unlucky enough to get out of the way in time. Police finally slowed McNeel down by shooting out McNeel's tires -- yet even that just slowed him down to 35 miles per hour. When McNeel reached Washington County, Maryland, he purposely swerved the tractor trailer toward a police cruiser. Because of police dashboard cameras, McNeel avoided being charged with first-degree assault, as police determined that McNeel was just trying to scare the officers in the cruiser rather than actually harm them.

Instead, McNeel was charged with four counts of second-degree assault. McNeel later testified that he tried a synthetic methamphetamine called "bath salts" that morning, which left him unable to remember the high-speed chase. His bench trial took place one year after the original offense and the verdict was handed down soon after.

Most people know that driving is a privilege and a responsibility. We might sometimes bend certain rules, but most people would never consider taking drugs before getting behind the wheel. It is almost miraculous that no one was killed in the incident. However, some civilians did pay a price. The people whose cars were damaged by McNeel's tractor trailer have asked for $11,000 for repairs, and one woman reported suffering back injuries as a result.

If you or a loved one ever experiences such a situation, you should go out and hire a West Virginia car accident attorney as soon as possible. An experienced car accident attorney would quickly take evidence from the scene of the crime and gather the necessary witnesses. Your attorney would then help you build a case that the other driver was negligent or reckless. Even if the driver were not as obviously reckless as McNeel, it would be possible to get a sizeable award from the jury -- known as "money damages," or just "damages" -- that could pay your medical expenses, for pain and suffering, and for any possible property damage. You might even be able to obtain punitive damages -- in West Virginia, punitive damages may be awarded if the wrongdoer's actions were intentional or grossly negligent. The burden of proof is a preponderance of the evidence, the lowest burden of proof in a trial.

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Wrongful death lawsuits are very difficult cases for any attorney to prosecute, as they are often more contentious than many other types of litigation due to the high emotional and monetary stakes involved. As a West Virginia wrongful death attorney, it is important to stay as up to date as possible on changes in the law as they happen, and at the Wolfe Law Firm, we pride ourselves on doing so. Our attorneys recently uncovered an interesting wrongful death decision rendered by the US District Court, District of Maryland, and wanted to share it with our readers.

In the Estate of Anderson v. US, Eric Anderson was a passenger in a vehicle that had stopped on the right shoulder of the Baltimore Washington Parkway and turned on its hazard lights due to limited visibility and inclement weather conditions. After the car was stopped, Anderson exited the vehicle, and was struck and killed by a tractor trailer being operated by an employee of United States Postal Service on its way to a mail processing and distribution center. After his death, his siblings filed a wrongful death and survivorship lawsuit for four million dollars in damages against the government, who then filed a Motion for Summary Judgment to dismiss the action.

Plaintiffs alleged that on the night of the accident, the driver remained in the right lane of the road and did not reduce his speed prior to the impact with Mr. Anderson. In contrast, the driver himself testified that he saw Plaintiff's vehicle on the right shoulder, reduced his speed, and "conducted an avoidance maneuver" by steering into the left lane. The driver hit his brakes upon seeing Mr. Anderson in the roadway, but was unable to avoid him, as he claimed to be traveling at fifty miles per hour at the time. Plaintiffs allege that the big rig was traveling in excess of the posted 55 mile per hour speed limit. Both parties agreed that Mr. Anderson was killed instantly, but Plaintiffs assert that the victim suffered pre-impact trauma before he was struck by the Postal Service truck. Defendant's dispute this claim, citing witness testimony that Mr. Anderson had been drinking heavily that night and a toxicology report showing he had a blood-alcohol concentration of 0.21% (more than twice the legal limit).

In evaluating Defendant's Motion for Summary Judgment, the Court first addressed whether the government was immune from the tort claims, and determined that because the suit concerned a government employee acting in the scope of his employment, the action was allowed under the waiver of sovereign immunity clause contained within the Federal Tort Claims Act. Next, the Court evaluated whether Plaintiffs could bring a wrongful death claim under Maryland law, as the statute allows recovery for secondary beneficiaries who are related to the deceased by blood or marriage and are substantially dependent upon them. Because there were no primary beneficiaries (spouse, parent, or child), and Plaintiffs were "in no way dependent" upon Mr. Anderson, the Court granted Defendant's motion for summary judgment on the wrongful death claim.

Next, the court addressed the claims for the survival action, which are limited to compensation for the pain and suffering of the deceased and funeral expenses. Next, the court stated that damages for pre-impact fright are available where there is "great fear and apprehension of imminent death before the fatal physical impact," but in order for plaintiffs to recover, those damages must be objectively determinable. In this case, the court found that Plaintiffs could only speculate that Mr. Anderson experienced such fears before impact, which did not meet the objectivity standard - therefore the court granted summary judgment as to damages for pre-impact fright, but allowed the claim for funeral expenses to proceed.

WDTV News reports that a Randolph County school bus was involved in an accident yesterday on Route 92. According to news reports, the bus - that was carrying 21 passengers - was rear ended by a commercial truck when it had stopped to allow some of the children to disembark the bus. The collision injured two students, who were taken to the hospital for treatment of their non-life threatening injuries. State Police officers are currently investigating the incident in order to determine the cause of the wreck.

Most traffic accidents only involve a few persons, but when public transportation is involved, cases can become much more complicated simply because there are often far more victims involved. In the case described above, only two children required immediate medical treatment, but given the large number of children onboard the bus, the outcome could have been far worse. While the driver of the truck that rear-ended the bus may have been at fault, there are many other factors that could have contributed to causing the accident. Negligent truck maintenance, malfunctioning brakes, or even broken bus brake lights could have played a part in causing the collision. Determining the actual cause or causes of the accident is a difficult and complicated process, and is best approached by someone with experience and applicable legal knowledge.

If you or a loved one has been involved in such an accident, it is always a good idea to consult an attorney for advice as soon as possible. A West Virginia personal injury attorney can perform a proper investigation and evaluate the resulting evidence to create a plan for your case. By retaining legal representation, you are protecting your rights and helping to ensure that you are able to obtain the medical treatment you or your child needs.

For the second time in three days, a tractor trailer has overturned on West Virginia's roads and spilled a load of steel onto the highway. The Charleston Daily Mail reports that Wednesday's accident happened on the southbound lanes of I-77 caused a truck hauling steel plates to overturn and block both lanes of traffic. Now this afternoon, WSAZ reports that a similar accident occurred when a semi-truck hauling steel coil flipped while driving northbound on I-77. Authorities stated that both accidents occurred due to a shift of the steel loads each driver was carrying. Luckily, neither driver was hurt, nor was anyone else injured in the crashes.

Stories like these show us all just how dangerous driving at highway speeds can be. In both of the accidents described above, the truck in question was coming around a curve at speed when its load shifted and caused each truck to roll over. In both cases it is possible that either their loads were not strapped to the truck securely enough, or the driver was operating the truck at an unsafe speed while turning. Were anyone else was caught up in the debris or struck the overturned vehicle, the driver and the people who loaded the steel could be liable for the damages suffered by the victim because such accidents rarely occur in the absence of negligence.

If you or a loved one have been injured in a semi-truck accident, you should contact a West Virginia tractor-trailer accident attorney to help you determine if you have a viable claim. Your lawyer can investigate the causes of your accident and help you build a successful legal case to help you pay for your damages. Proving negligence requires the keen legal knowledge and skilled advocacy that an attorney can provide, so you should retain a lawyer as soon as possible after the accident occurs.

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 Wheeling News-Register / Intelligencer reports that a large crane truck that was used at a natural gas drilling site overturned around midnight on Wednesday of last week. The accident occurred in southern Marshall County on Burch Ridge when the crane driver -- returning the vehicle to Stephenson Equipment of Harrisburg, Pennsylvania -- allegedly took a turn too sharply, flipped the rig, and blocked the roadway. Because the truck was so large, the West Virginia Division of Highways was forced to close the road for most of the day as crews cleared the accident debris. Local law enforcement arrived at the scene soon after the crash was reported, and thankfully found that neither the driver nor his passenger were injured in the incident.

West Virginians are used to seeing semi-trucks and crane trucks on the highway, but when such large vehicles attempt to maneuver through winding mountain roads, accidents like the one mentioned above can easily occur. The Wolfe Law Firm is happy to hear that no one was injured when the crane truck overturned, but the fact that the road was closed for most of the day afterward showcases how serious such accidents can be. The damage dealt when a large vehicle, like a crane a truck, overturns is massive and the consequences for other cars on the road are severe.

If you or a loved one has been involved in an accident with a semi-truck or other large commercial vehicle, you should consult a West Virginia truck accident attorney as soon as you can. There's no need to deal with your injuries and insurance claims by yourself because a trained lawyer can help you get the medical attention you need and work with you to seek compensation for your injuries. Insurance companies have lawyers looking out for their best interests, so you should have an attorney fighting for your rights and looking out for yours.

WSAZ reports that a semi-truck crashed and flipped on its side yesterday afternoon on Interstate 64 near the Kenova exit. The truck was pulling a load of lumber and debris from the accident was strewn across all four lanes of traffic, causing a complete shutdown of the westbound lanes for a time. Thankfully, no one was injured in the wreck, though another vehicle was involved with the incident. A preliminary investigation indicated that the crash was caused by inclement weather conditions.

Between high winds, icy road conditions, and increased holiday traffic, the onset of winter usually means more traffic accidents on West Virginia's roads. Taking precautions accordingly is always advisable, but even the most cautious driver can be caught up in circumstances beyond their control. Semi-trucks are forever prevalent on the highways, and when such sizable vehicles are involved in a crash at high speeds, the property damage can be significant and the resulting injuries can be severe.

If you or a loved one has been involved in an accident with a tractor-trailer, contacting a West Virginia truck accident attorney is advisable. There is no need to deal with your injuries and automotive damages by yourself, and a trained lawyer can help get you compensated for your hardship. The insurance companies that get involved after a wreck will look out for their own best interests, so you should have a legal advocate looking out for yours.

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.

In January, U.S. Transportation Secretary Ray LaHood announced an interim ban on truck and bus driver texting on the highway. On April 1, 2010, the NHTSA took this action a step further, proposing making the ban on text messaging while driving a commercial truck or bus a permanent one nationwide. The proposed ban would apply to vehicles weighing more than 10,000 pounds and would carry either civil or criminal penalties for offenders.

Navigation devices, DVD players and cell phones have contributed to thousands of accidents across the United States, and given the deadliness of truck accidents, these types of distractions are all the more dangerous. Safety advocates from all corners of the nation are fighting back to keep drivers safe on the highways. According to the Department of Transportation, 5,870 people were killed and another 515,000 were injured in 2008 because of crashes in which the driver was distracted because of texting or talking on a cell phone, using a navigation device or some other type of distraction.

Even the trucking and bus industries support the ban, citing that their drivers would benefit from the proposal. Many companies have already enacted bans on texting while driving commercial vehicles. Additionally, many states have issued a texting-while-driving ban as well. 20 states and the District of Columbia already have bans on texting while driving and many more are following suit. Nine other states have bans on youth driver texting.

If you drive on I-68 or I-79, you know that texting by truck and bus drivers poses a huge danger to all drivers. If you've been the victim of a truck driver who was distracted on the road, call a truck accident lawyer in Elkins who can fight for all you deserve.

Known as The Mountain State, West Virginia is home to majestic views and winding passes through the Appalachian Mountains. While this scenery provides great backdrops for Sunday drives and postcard pictures, these mountain roads can also pose serious risks for drivers who come face-to-face with large trucks and tractor-trailers on West Virginia highways.

When a car gets into an accident with a semi truck, the car always loses. There is just no comparison in the size, weight and destructiveness of a semi truck versus a car. Sadly, the injury outcome is usually catastrophic. Severe injuries, disfigurement and even death can result from truck accidents in West Virginia. That's why it's so important to have a personal injury lawyer on your side when you've been involved in a truck accident.

A lawyer can prove that a semi truck may be at fault in the accident due to several mistakes, including speeding, reckless driving, improper maintenance of the truck, an unsecured load or an unbalanced load. Particularly for out-of-state drivers passing through the mountains who are unfamiliar with the territory, the likelihood of driver error is high.

If you've been hurt in a truck accident on a West Virginia highway, contact a lawyer today. You need sound legal advice to help you recover damages for your injuries or for the loss of a loved one. These types of accidents can be very traumatic and should not be handled alone. Even if a trucking company has offered you a settlement, you should have an attorney review the offer before you accept the terms to ensure that you're being adequately compensated.

The trucking industry is a necessary and important part of commerce in West Virginia. However, there are inherent dangers associated with the trucking industry and these dangers are ever so present in West Virginia. The shear size of a large truck increases the danger of damage in the event of a collision, especially a collision with a car or smaller vehicle. The mountainous terrain and periodic inclement weather in West Virginia increase the risk of a large truck or tractor trailer being involved in a collision and causing injuries and damages.

If you have been injured in an accident involving a bus or large truck, there is hope. Congress recognized the inherent dangers of the trucking industry and in 2000 established the Federal Motor Carrier Safety Administration (FMCSA), which focuses on reducing collisions, injuries and damages involving large trucks and buses in the United States. Trucking companies and their drivers are required to follow regulations created by FMCSA.

Often times, in the aftermath of a collision involving a large truck, it comes to light that the trucking company or the truck driver disobeyed one or more of the FMCSA regulations. Proving this disobedience is one of the major hurdles to overcome when bringing a suit against a truck driver or trucking company.

If you have suffered an injury through no fault of you own, but rather from a collision with a large truck, that truck driver and his employer should be liable for your damages, right? Unfortunately, it's not always that simple. The trucking industry is no stranger to the courtroom and you can guarantee that they have experienced attorneys on their side. Trucking companies are constantly battling lawsuits because of the immense damages that result from collisions with large trucks. They will do what they can to conceal any wrongdoing on there part and absolve them of any liability. Therefore, it is essential to know what kind of information is needed to build a strong case and what avenues you can take to recover the compensation you deserve.

If you have suffered a loss due to a collision involving a large truck, you should contact a personal injury attorney that has experience with the commercial trucking industry and the FMCSA regulations. These regulations and the trucking industry in general are complex and an experienced attorney can help guide you down the difficult road to recovery.