All posts by Jeffery Robinette

Fatal Crash on I-79 at Westover WV Exit

Samantha Schaub, 21, of Indianapolis Indiana was headed north on Monday, June 17, 2013 when her 1997 Ford Explorer suddenly crossed the median and crashed into a Jeep which was headed south on  I-79 near Morgantown, WV. Schaub was removed from her burning car by a passerby, but was found dead at the scene.  Mechanical failure and medical conditions are being investigated to determine a possible cause for the vehicle crossing the median.crash on I-79 Westover exit

Five others, including three children, were injured in the southbound vehicle, a 2006 Jeep, in the crash that occurred at about 12:45 p.m. in the southbound lanes of I-79 near the Westover, WV exit.

Carl Hautmann, 46, of Ownings, Md was the driver of the Jeep.  Four of the five injured in the Jeep were taken to Ruby Memorial Hospital by Mon EMS, and one child was flown by helicopter.

Eyewitnesses said the Ford Explorer burst into flames almost immediately, but State Police Sgt. J.P. Branham reported Schaub did not die from the fire. She was the only person in that vehicle. Several people stopped to help including Neil Korzun.

Traffic was backed up for miles while the southbound lane of I-79 was shut down for hours during the rescue, investigation, and cleanup efforts after this fiery, tragic crash.  In addition to the vehicle debris, clothes from the Jeep were strewn all over the interstate.

jeep crashed on I-79The names and conditions of Hautmann’s passengers were not available Monday afternoon. At the scene all of the people in the southbound Jeep were alive, though badly injured.

Ford Recalls 390,000 Vehicles for Gas Tank Fire Potential

Though the impact of the crash certainly led to this fire, it is interesting to note that as of June 3, 2013 Ford has recalled nearly 390,000 vehicles in the U.S. for a potential fuel tank leak that could result in a fire.

The automaker said the recall affects the Ford Explorer, Taurus, Flex, Fusion, Interceptor Utility, Interceptor Sedan, and Lincoln MKS, MKT, and MKZ. All of the vehicles are from the 2013 model year.  The Explorer involved in this accident was a 1997 model, but if you have a 2013 Ford, you need to contact your dealership for possible recall on your vehicle.

At issue is a part within the gas tank that may fail and leak fuel onto the ground. If the spilled fuel catches a spark, a fire could occur. Ford said it is not aware of any fires, accidents, or injuries as a result of this defect.  The automaker has received 600 complaints as of March 31, said Ford spokeswoman Kelli Felker.

Robinette Legal Group, PLLC — Morgantown WV Injury Attorneys

If you or your loved one has been injured, it is important to act quickly to protect your claim in order to gain the compensation needed to help you move forward with your recovery and your life.  Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

If you have questions, call Jeff Robinette today at 304-594-1800, or after hours 304-216-6695.  You may also visit our website: 
http://www.robinettelaw.com
 to find the answers you need today.

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Source:  The Dominion Post, “Woman Dies on I-79” by Brandy Brubaker, 6/18/2013, www.dominionpost.com

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by Jeffery Robinette on June 18, 2013  •  Permalink
Posted in Car Accidents
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Posted by Jeffery Robinette on June 18, 2013

http://wvaccidentlawyer.org/2013/06/18/fatal-crash-on-i-79-at-westover-exit/

Three Deaths in same Motel Room within Two Months from Carbon Monoxide Poisoning

Carbon monoxide poisoning is emerging as the most likely cause of death of an 11-year-old boy and two elderly guests in the motel room almost two months apart in Boone NC.

Boone police said emergency responders found elevated levels of the gas in the Best Western room where Jeffrey Lee Williams of Rock Hill, South Carolina, died on Saturday.

Police say a preliminary post mortem found the boy died from asphyxia, which happens when toxic gases cut off oxygen to the body.

Jeffrey’s 49-year-old mother, Jeannie Williams, was rushed to hospital and survived. She is in a stable condition.

A Longview, Washington, couple was found dead in the same motel room on April 16.

Police said new toxicology results show 73-year-old Daryl Dean Jenkins and 72-year-old Shirley Mae Jenkins also died of carbon monoxide poisoning.

The hotel on East King Street in Boone remains closed while investigators focus on the heating system for the pool.

The room where all three people died is above the pool.  The pool permit was suspended on March 16 after inspectors noted ventilation problems in the chemical and equipment room.  The pool had since reopened, but it could not confirm the problems had been fixed.

Duty to Protect from Carbon Monoxide Poisoning — Business and Home Owners

Unfortunately not every hotel or apartment is equipped with functional CO monitors — which means that unwary occupants are potentially exposed to this silent killer.  Hotel guests and tenants of apartments should not be required to wear personal monitors for these type of preventable exposures.  All owners of property, even home owners, should conduct annual inspections of their gas furnaces and hot water heaters that are fueled by natural gas, liquid propane gas or heating oil.  A certified heating and ventilation inspector should ensure that the furnace and water heaters are in good working order and properly vented.   Clogged chimneys and vent pipes often cause a backup of CO gas that eventually escapes to other areas of a dwelling.

What is Carbon Monoxide Poisoning?

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

West Virginia Carbon Monoxide Wrongful Death Attorneys

Hotel owners and landlords have the highest degree of responsibility to ensure that their facilities are safe for guests and tenants.  Inspections and proper maintenance of equipment and heating units and the installation and maintenance of detectors are common-sense preventative measures one would expect any building owner to have in place to prevent these senseless tragedies.

Robinette Legal Group has represented CO injury victims and the families of individuals who have died from CO exposure.  Jeff Robinette is a National Board Certified Trial Lawyer and has the experience to handle your carbon monoxide exposure case.  If you or a loved one has experienced the devastating effects of carbon monoxide poisoning , please contact us at the Robinette Legal Group, PLLC for help at
http://www.robinettelaw.com
 or (304)594-1800.

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by Jeffery Robinette on June 11, 2013  •  Permalink
Posted in Carbon Monoxide Poisoning, Personal Injury, Wrongful Death
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Posted by Jeffery Robinette on June 11, 2013

http://wvaccidentlawyer.org/2013/06/11/three-deaths-in-same-motel-room-within-two-months-possible-carbon-monoxide-poisoning/

Trailer Sway Main Cause of Recreational Vehicle (RV) Collisions on WV Highways

What is a Trailer Sway Collision?

Each year in West Virginia there are multiple highway collisions involving pull-behind recreational trailers that have flipped over due to high winds and  “trailer sway.”    Trailer sway (fishtailing) occurs when big tractor trailers pass tow trailers on the interstate causing the trailer to oscillate or sway back and forth.  Unfortunately, in some cases trailer sway has caused serious injuries and fatalities.   It is ironic that operators of those tractor-trailers must be specially trained, tested and licensed in order to operate on the highway, but the law allows a person with no experience at all to pull a 30 foot trailer along side these large tractor-trailers.

Trailer Sway #1 Cause of RV Accidentstruck pulling rv

As far back as the 1960′s, studies showed that persons towing trailers were four times  more likely to crash than the average motorist.  Though there is government regulation regarding towing, what is surprising about this is that there are no federal testing requirements for trailer sway devices, so just about any invention can be touted as an anti-sway device.   How did this practice come about?   It is fairly clear that the lobbyists have influenced lawmakers to allow this practice.

The fact that it is legal to pull a large trailer down the road doesn’t mean that it is safe.  What makes trailer sway even more likely is the fact that many sales dealerships don’t always safely match the tow rating of the tow vehicle with the trailer to be towed.  Even when the salesman shows you the “book” that gives the tow rating for your vehicle, that doesn’t mean that your vehicle can safely pull the trailer involved because your vehicle has never been tested together with the trailer you are going to purchase.    So, you learn as you go and hope that you can get the hang of it without any problems.

Hazardous WV Roads and Highways

West Virginia interstate roads are not level and they often bank the wrong way around curves.   Most owners  of recreational tow vehicles don’t have the training to react to trailer sway at interstate speeds.   Manufacturers of trailers nor  the retail stores selling the trailers provide any training on how to pull trailers under “trailer sway” conditions.    So, the first time you encounter trailer sway could cause a serious problem.rv wreck

Tips for Controlling Trailer Sway:

  • Steady the steering wheel – sudden turns can cause more sway.
  • Gently apply the trailer brake to help reduce sway.  Too much, too quickly, and you will find yourself in more trouble than you started with.
  • Do not slam on the brakes – jackknifing could occur.
  • Do not attempt to steer out of a sway situation.
  • Do not increase speed – trailer sway increases with speed.
  • Do not tow a trailer that continues to sway.

WV Accident Lawyers — Protecting Your Rights

If you or a family member has been involved in a trailer sway collision, you will need an experienced lawyer to pursue your legal rights.     Remember, the manufacturer and sales company will have their legal team to argue that you caused your own collision by oversteering or improper braking.    You will need your own lawyer to look out for your rights, too.

Robinette Legal Group, PLLC — Morgantown Trailer and RV Accident Attorneys

If you or your loved one has been injured due to an RV or Trailer collision, it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now. Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695 or visit our Robinette Legal Group, PLLC website: 
http://www.robinettelaw.com

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by Jeffery Robinette on June 7, 2013  •  Permalink
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Posted by Jeffery Robinette on June 7, 2013

http://wvaccidentlawyer.org/2013/06/07/trailer-sway-main-cause-of-recreational-vehicle-rv-collisions-on-wv-highways/

Should I Salvage my Vehicle after a WV Car Accident?

What is Spoilation of Evidence in a WV Car Accident Injury Claim?

Many people don’t know that they have an obligation to preserve evidence that caused their personal injury claim.  If you discard evidence (called “spoliation”), you may be prohibited from asserting part or even all of your injury claim.   In auto injury claims, you have a duty to preserve the evidence that is under your control or ownership.   So, you may need to keep a wrecked vehicle in the same condition if the vehicle malfunctioned in any way that may have caused a collision.   You may otherwise want to keep the vehicle in its unrepaired state until you have consulted with legal counsel, because once the vehicle is repaired or salvaged, you can’t go back and inspect the damages.   So, you should take lots of photos of your damaged vehicle at a minimum before sending the vehicle to salvage.Van Fire outside

Your insurance adjuster may be encouraging you to discard or salvage your vehicle before adequate pictures or inspections can be taken of the damage.  Keep in mind that the “little scuff” on the back bumper may actually be a huge dent in the metal bumper system behind the plastic bumper cover.   If you allow the vehicle to be salvaged and crushed, then you are stuck with these limitations in presenting your injury claim.

What can an injured person do to make sure that they don’t destroy key evidence for their injury claim?

Meeting your duty to preserve evidence that you own or control can be confusing.  This is yet another reason to engage experienced legal counsel early in the process to safely navigate all the pitfalls that may compromise your insurance claim.

Morgantown Car Accident Injury Lawyers

If you or your loved one has been injured due to someone’s careless conduct it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695.Collision care 3d

We are glad to provide free books and information for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

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by Jeffery Robinette on June 4, 2013  •  Permalink
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Posted by Jeffery Robinette on June 4, 2013

http://wvaccidentlawyer.org/2013/06/04/should-i-salvage-my-vehicle/

Is There a Difference Between a Collision and an Accident in WV?

Collision CareOne of the classic ways that insurance adjusters begin the process of defeating your claim is to label the wrongful conduct of their own insured driver as an accident.   They will attempt to gain sympathy for their insured driver and make the collision sound like just a little mistake — an accident.   While it is true that many minor collisions occur every day and cause no personal injuries to anyone, it is not accurate to say that all collisions are “accidents”.

When a significant auto collision occurs, causing serious personal injuries, it is self-evident that the person who caused the collision violated the motor vehicle safety laws and is thus guilty of careless, negligent conduct.

It is important to never refer to the conduct of the at-fault driver, who caused your serious injuries, as a mere mistake, or the auto collision as an accident.  If the collision was truly an “accident,” then the law may not hold anyone responsible.  The law requires that legal liability be established on the basis of fault, referred to as negligence.

 WV Uniform Crash Report Replaces Uniform Accident Report

 For many decades, law enforcement officers used the “Uniform Accident Report” form to annotate information about the auto collision.   Notice the word “Accident” in the title of the form?    Insurance companies and defense lawyers loved it!   During trials, the defense lawyer, the police officer, and even the judge referred to the collision as an accident.   So, what’s a jury to think about your claim if it was caused by an accident?  Well, I can tell you from experience — not much.

Recently, however, the use of a revised auto collision report form was mandated in West Virginia.   The change was primarily brought about because a new form had to be created to be integrated with computer software.    Irrespective of the reasons to get a new form in the system, every state, county and city police force must use the revised form: “State of West Virginia Uniform Traffic Crash Report.”   Did you notice the word “Crash” in the title of the report?  You can bet the insurance adjuster and defense lawyer noticed it.

So now, even police officers must recognize that they are investigating car “crashes,” not mere “accidents.”    But, old ways are hard to break, and it will take constant reminders to adjusters and even judges to refrain from referring to the police report as an “accident” report.

 Morgantown WV Collision Injury Lawyers

If you or your loved one has been injured due to someone’s careless, negligent conduct it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695.

We are glad to provide free books and information for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

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by Jeffery Robinette on May 30, 2013  •  Permalink
Posted in Car Accidents, Distracted Driving, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents, Wrongful Death
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Posted by Jeffery Robinette on May 30, 2013

http://wvaccidentlawyer.org/2013/05/30/is-there-a-difference-between-a-collision-and-an-accident-in-wv/

Ambulance Driver Falls Asleep on the Job

Collision CareJan Care Accident Injures Three People in Doddridge County:  West Virginia State Police are investigating an ambulance crash that happened in Doddridge County on the night of May 20, 2013.  A Jan-Care ambulance crashed on Route 50 near Arnold’s Creek just after 11 p.m.   The ambulance driver told police that he had fallen asleep while driving.

The driver said he was traveling toward Parkersburg when the vehicle ran off the roadway and ended up in the guard rail and a ravine, according to West Virginia State Police.  One person was flown to Ruby Memorial Hospital.  There was one patient in the ambulance, according to 911 officials. The patient and another person in the ambulance were taken to United Hospital Center for treatment.

State police have not released the names of the people involved. Their injuries didn’t appear to be life threatening.

Drowsy Driving is one of the Leading Causes of Accidents on WV Highways

Most of us realize how dangerous driving under the influence or texting while driving is, but driving while drowsy can be equally dangerous. Sleepiness can cause slower reaction times, blurred vision, lapses in judgment, and delays in processing information.

Ambulance drivers are on call 24-7 — it is no wonder that the drivers are often driving while sleep deprived.  It is especically sad when an ambulance driver whose only intent is to save lives falls asleep at the wheel and causes injury.   This is the second major Jan Care accident in this area this year.  I am confident the Jan Care company will be revising policies or will at least have a new urgency in working to prevent future accidents that could injure their staff and the patients who have been trusted to their care.

Specific At-Risk Groups for Drowsy Driving

  • Young people — especially males under age 26
  • Shift workers and people with long work hours-working the night shift increases your risk by nearly 6 times; rotating-shift workers and people working more than 60 hours a week need to be particularly careful
  • Commercial drivers-especially long-haul drivers – at least 15% of all heavy truck crashes involve fatigue
  • People with undiagnosed or untreated disorders-people with untreated obstructive sleep apnea have been shown to have up to a seven times increased risk of falling asleep at the wheel
  • Business travelers-who spend many hours driving or may be jet lagged

Fast Facts about Driving while Fatigued:

  • 100,000 crashes each year are caused by fatigued drivers
  • 55% of drowsy driving crashes are caused by drivers less than 25 years old
  • Being awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash
  • In 2010, the AAA Foundation for Traffic Safety released a study that shows that fatigue is a factor in one in six deadly crashes; one in eight crashes resulting in hospitalization, and one in fourteen crashes in which a vehicle was towed.
  • The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving results in 1,550 deaths, 76,000 injuries, and more than 100,000 accidents every year.

Tips for avoiding becoming a drowsy driver statistic:

  • Get a good night’s sleep (seven to nine hours) before you begin your trip.
  • Plan breaks into your driving schedule; don’t be so rushed to arrive at your destination that you can’t stop for rest.
  • Stop every 100 miles or two hours for a walk, run, snack, or drink.
  • Bring a buddy who can share the driving.
  • If you think you could fall asleep, pull over and take a 15-20 minute nap — does not apply to ambulance drivers!
  • Avoid driving at times you would normally be asleep — also does not apply to ambulance drivers.
  • Avoid alcohol and medicines that cause drowsiness.
  • Caffeine can increase alertness for several hours, but you will still need adequate rest if you want to prevent fatigue related errors.

Warning Signs that it is time to pull over:

  • Difficulty focusing, frequent blinking, heavy eyelids.
  • Trouble keeping your head up.
  • Drifting onto rumble strips, swerving in your lane.
  • Inability to clearly remember the last few miles driven.
  • Missed exits or traffic signs.
  • Repeated yawning.
  • Feeling restless or irritable.

Robinette Legal Group, PLLC in Morgantown, WV. You may not have been able to avoid the collision that caused your injuries, but you can avoid the unnecessary pitfalls of dealing with the insurance adjusters who are motivated and trained to devalue your claim, if not destroy it altogether.

Call our office today for free books for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

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by Jeffery Robinette on May 23, 2013  •  Permalink
Posted in Car Accidents, Personal Injury, Work Injuries
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Posted by Jeffery Robinette on May 23, 2013

http://wvaccidentlawyer.org/2013/05/23/jan-care-accident-injures-three-people-in-doddridge-county/

Elderly Man Runs Car into Crowd During Damascus, VA Parade

Who Will Most Likely Be Named in the Resulting Lawsuits?

Damascus VA Trail Days AccidentOn Saturday, May 18th, 2013 an elderly driver plowed his 1997 Cadillac into a crowd of dozens of people at the Hikers Parade at the Trail Days festival, an annual celebration of the Appalachian Trail held in Damascus, VA.  The cause of the accident is believed to be the result of a medical condition of the driver.

The driver’s car was a part of the parade.  The car accelerated up to about 25 mph on a two-way bridge on the town’s main road when it struck the parade participants.  Some people were pinned underneath the vehicle and were rescued by quick thinking and rapid action of family members and friends who lifted the car off those pinned by the car.  No fatalities were reported, but 50-60 people were injured — some critically and some superficially.  Three of the worst injured were flown by helicopter to nearby hospitals.

A man who jumped onto the car’s hood to avoid immediate impact said the driver was staring blankly and probably had no idea there was a man on his windshield.

Whenever there is a public function, city and county officials who are overseeing the function have a legal obligation to ensure that participants and the public are safe.  So, an experienced personal injury lawyer will negotiate with the insurance companies of the driver who caused the injuries as well as those public and civic entities’ insurance companies, and if settlements are not reached, file suit and proceed to trial.

Similar Cases in West Virginia

I represented one of the parties in a similar incident which happened in 2001 in Moundsville, WV during a Christmas parade.  A handicapped individual unintentionally lost control of the van he was driving and crashed into the crowd, seriously injuring many onlookers.  One of the critically injured was an eleven year old child whose heart stopped beating 14 times on the way to the hospital.  This child went into a coma and spent months in the hospital and two years in therapy.  The child survived, but now is a young woman who has undergone 36 surgeries to correct problems resulting from that incident.  She is glad to be alive, and appreciating the little things as she manages a life wrought with medical difficulties.

To read more:  
http://www.theintelligencer.net/page/content.detail/id/562069/Life-Goes-on-for-Woman-a-Decade-After-Christmas-Parade-Accident

In this case, insurance companies of the driver, as well as companies insuring the city officials and other entities which hosted the event were held financially responsible for past and future losses suffered.

A more recent WV injury case involved the driver of a truck who lost control of his vehicle and ran into a tent at the All Good Festival, killing one person and seriously injuring several more.  Sizable settlements were eventually reached with the driver, the event sponsors and promoters, and a security firm who had been hired to maintain a safe environment for participants.  For more information, see our blog about the event:  Settlements Offered for Wrongful Death and Injuries from All Good Festival.

The Value of an Experienced Personal Injury Attorney

Some injury claims are so small they may not require legal representation, but my best recommendation as a former insurance defense lawyer is if you have suffered serious injuries from a collision, you need to promptly seek advice from an excellent personal injury lawyer who knows how to gain compensation for your past and future medical needs and lost wages.

An experienced trial lawyer whose focus is auto injury litigation knows how to preserve all your legal rights, not just some of them, against the attempts of the insurance adjuster and their defense attorneys to defeat or minimize your claim.

A lawyer whose focus is auto accident law has handled hundreds of claims for injured people.  A skilled advocate will ensure you are not taken advantage of by the complexities of the insurance claim process and will receive the compensation due to you.

Retaining an attorney adds credibility to a client’s threat to file suit, to pursue a claim to trial, and to negotiate a larger payment. Thus, a client gains more experience, more knowledge, and more negotiating credibility and power in dealing with the insurance industry.

Morgantown WV Injury Lawyers

If you or your loved one has been injured due to negligence, whether intentional or unintentional, it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now. Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695 or visit our Robinette Legal Group, PLLC website: 
http://www.robinettelaw.com

For more information about determining when an elderly driver should hang up the keys, see our blog Ten Warning Signs for Senior Drivers.

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by Jeffery Robinette on May 19, 2013  •  Permalink
Posted in Car Accidents, Community Safety, Personal Injury
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Posted by Jeffery Robinette on May 19, 2013

http://wvaccidentlawyer.org/2013/05/19/elderly-man-runs-car-into-crowd-during-damascus-va-parade/

One Killed and One Injured by a Truck while changing a Tire on I-79

Collision CareRelated article: 
http://wvaccidentlawyer.org/2013/06/18/fatal-crash-on-i-79-at-westover-exit/
 June 17, 2013

On Tuesday, May 7, 2013, Michael Mario Schreiner, while changing a tire on the northbound shoulder of Interstate 79 near the Star City exit, was struck and killed by a tractor-trailer. Schreiner was found already deceased when the investigating trooper arrived on the scene.

Schreiner was a passenger in a black Nissan pickup driven by Charles Kennedy who was also struck by the passing truck, but suffered minor injuries. The pickup has Pennsylvania tags. The victims’ hometowns were not listed.

Gregory Riffle, an Ohio resident, was identified as the driver of the tractor-trailer. Riffle was not injured by the impact. The accident remains under investigation.

Tire Changing Safety

If you get a flat tire and have no other choice but to change it yourself, it is essential that you do everything you can to make yourself visible to other drivers. Some drivers drive too close to the shoulder and may not see you in time to stop when they are traveling between 70 and 80 miles per hour.

• Turn on your hazard lights (emergency blinkers).
• If possible, keep rolling until you get to a straight stretch of highway so that you are not hidden to other drivers by a curve in the road.
• Pull off as far away from the highway as possible to keep yourself off the roadway as you are working to change the tire safely.

As fellow drivers, we have a continual responsibility to look out for others in distress. This fact makes it essential that we do everything possible to ensure that we are not distracted by anything while driving.

If You Were Injured in a Truck Accident

When you are suddenly involved in an auto collision causing you serious injuries, you will likely have plenty of questions about how the insurance claims process and court system work. In essence, you want to be informed so that you can be fairly compensated for your injuries.

You need to understand your legal rights to ensure that you are compensated fairly for the injuries you received due to someone else’s negligence. The Robinette Legal Group has made available Collision Care, a Guide for WV Accident Victims, free of charge for West Virginians and those injured in WV.

Collision Care will answer your important questions about how to enforce your legal rights against the persons responsible for causing your injuries; how to navigate through the complexities of the insurance claim process and legal court system; and how to avoid being taken advantage of by insurance adjusters and their team of defense lawyers who are determined to minimize your recovery for your auto injury claim.

Robinette Legal Group, PLLC — Morgantown Truck Accident Attorneys

If you or your loved one has been injured due to negligence or willful violation of safety regulations on the road, it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now. Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695 or visit our Robinette Legal Group, PLLC website: 
http://www.robinettelaw.com

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by Jeffery Robinette on May 8, 2013  •  Permalink
Posted in Car Accidents, Distracted Driving, Personal Injury, Truck Accidents
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Posted by Jeffery Robinette on May 8, 2013

http://wvaccidentlawyer.org/2013/05/08/one-killed-and-one-injured-by-a-truck-while-changing-a-tire-on-i-79/

Best Buy Settles Lawsuit Brought by Former Employee over Foot Injury

CLARKSBURG – A Marion County woman has settled her lawsuit against Best Buy that alleged she injured her foot while working a pallet jack.

April 29, 2013 1:59 PM By John O’Brien

J.P. agreed to settle her claims for an undisclosed amount, according to a dismissal order entered April 23 in U.S. District Court for the Northern District of West Virginia.

Six weeks earlier, she reached settlements with Best Buy’s co-defendants. They were Mountaineer Property Co., E-P Equipment USA Corp. and EP Equipment Co.

J.P. was an employee of Best Buy and was trained by Best Buy to inventory merchandise in the store, according to a complaint filed Nov. 8, 2011, in Monongalia Circuit Court.

J.P. claims her job duties did not include the loading and unloading of merchandise delivery trucks and she was not trained to load or unload trailers using a Model EP 55-II pallet jack.

On Sept. 23, 2010, J.P. was injured when she was ordered to use the pallet jack when she was not trained on it, nor was she familiar with the use of the pallet jack, according to the suit, and claims her supervisor failed to acknowledge the seriousness of her injury and ignored her request to not work on her injured foot.

The supervisor admonished her for not getting the job done and instructed her to continue working on her injured foot, in violation of OSHA workplace standards and practices, according to the suit.

J.P. claims the defendants had actual knowledge of the existence of the specific unsafe working conditions and of the high degree of risk and the strong probability of serious injury or death presented by the unsafe working condition.

A month after the complaint was filed in Monongalia Circuit Court, Best Buy removed the case to federal court on the grounds that the defendants were out-of-state corporations and the amount in controversy exceeded a $75,000 threshold.

Best Buy later filed a third-party complaint against Mountaineer Property, which had built the loading dock area of the Best Buy store.

Representing plaintiff was Jeffery L. Robinette of Robinette Legal Group, in Morgantown, while Best Buy was represented by Andrew D. Byrd of Mannion & Gray in Charleston.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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by Jeffery Robinette on May 1, 2013  •  Permalink
Posted in Personal Injury, Work Injuries
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Posted by Jeffery Robinette on May 1, 2013

http://wvaccidentlawyer.org/2013/05/01/best-buy-settles-lawsuit-brought-by-former-employee-over-foot-injury/

I’ve Been Involved in a Car Accident

Guest Blog by Adam Rosenblum, a personal injury lawyer who is admitted to practice in both New York and New Jersey. 

Car AccidentIf you have been involved in a car accident and are unsure of what to do, it is important to understand the best course of action to take.  Understanding your rights and how to proceed can help ensure that you are given proper compensation and are well on your way to repairing your vehicle or gathering the compensation to purchase another one. 

As soon as you are involved in a car accident the first step would be to seek aid by way of calling the police and an ambulance for medical attention if anyone is in need of it.  If you find that someone is seriously injured and attempting to move that person would result in further damage, contact emergency services immediately. 

As police arrive and begin making an accident report, it is important to remember to never admit fault at the scene of an accident to the other driver, police, or even persons that were in your vehicle at the time the accident occurred.  When the police begin the process of filing an accident report, make sure all information is filled out accurately and correctly.  You should get the name, license number and other essential information from the other driver involved in the accident.  

If the police officer issues you a traffic ticket in connection to your accident, it is important that you seek the advice of an attorney to protect your rights. 

How Do I Go About Filing a Claim? 

If the accident has left you injured or has resulted in damage to your vehicle or the other person’s vehicle, it is important that you file a claim with your insurance company. 

Filing a claim is the best way to get legal compensation and help yourself or anyone else involved in the accident get on the path to medical recovery or monetary damages for your vehicle.  

As soon as the accident occurs you should exchange insurance information with the other drivers involved.  This step is especially important if you were not the one at fault during the accident as you could potentially end up paying a higher deductible fee after an accident.  Document any damages that occurred by taking pictures of the accident itself and the surrounding environment.  The insurance representative will also take their own set of photos, but pictures will help in explaining your own personal experience in the accident.  

Claiming Damages 

All states require by law that drivers insure their vehicles in order to legally operate them.  This prevents any potential mishaps that might occur when getting into an accident with the other driver not having insurance and covers both yourself and others in your policy from personal injury resulting from an accident.  If the other driver does not have insurance, then it is important you call the police to make a report.  

Your own insurance policy also helps cover you if the other driver involved in the accident does not have his or her own insurance.   If you find yourself struggling to receive a claim for either monetary damage or a personal injury settlement resulting from a car accident, contacting an experienced personal injury attorney will get you well on your way to successfully gaining compensation and reduce an liabilities that you might forced to pay as a result of the negligence of another party. 

Welcome to the WV Accident Blog by Jeffery Robinette. 

Author Bio 

Adam RosenblumAdam Rosenblum is a personal injury attorney licensed to practice in New York and New Jersey.  For more information concerning car accidents in New York and New Jersey, visit Adam Rosenblum at personal-injury-nj.com  and rosenblumlawfirm.com.

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by Jeffery Robinette on April 16, 2013  •  Permalink
Posted in Car Accidents, Personal Injury, Truck Accidents
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Posted by Jeffery Robinette on April 16, 2013

http://wvaccidentlawyer.org/2013/04/16/ive-been-involved-in-a-car-accident/

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