Drowsy Driving Prevention Week November 12-18, 2012

In an effort to reduce the number of fatigue-related crashes and to save lives, the National Sleep Foundation is declaring November 12-18, 2012 to be Drowsy Driving Prevention Week®.  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.

FedEx Truck Accident in West Virginia

 In October, 2012 near Morgantown, WV a FedEx truck was traveling north in the southbound lanes shortly before 1 a.m. when the driver tried to make a U-turn to correct his direction.  The FedEx driver caused a truck accident when he struck a tractor-trailer which then crossed the median into the northbound lanes and crashed through a guardrail on the east edge of the road.  A passenger car traveling ahead of the tractor-trailer ran off the west edge of I-79 south, coming to rest against a guardrail.  Amazingly, no one was killed or seriously injured.  Three people were taken to the hospital, treated, and released.  The FedEx driver was from North Dakota and the semi-truck driver was from Arizona.  

At least two of these drivers illustrate the types of drivers that are most at risk for driving error due to drowsiness.  Before we launch into the fall and winter holidays, we need to consider the potential impact of driving while exhausted could have on our own safety, our families, and other drivers sharing the road with us.

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.
  • Avoid driving at times you would normally be asleep.
  • 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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Common Back and Spine Injuries After an Accident

Does your back hurt after a car or work accident in West Virginia (WV)?

If your spine has been injured, you know the pain can be excruciating, debilitating, and unending.  Back and spine injuries are some of the most common injuries that permanently alter our clients’ lives after a car wreck or workplace accident.   The insurance companies will attempt to minimize the amount of compensation you receive for your back injury, especially if you have a prior history of back pain that has been aggravated and made considerably worse by this traumatic event.  Our office frequently receives calls concerning spinal injuries, especially to the lower vertebrae, and the Robinette Legal Group has consistently obtained excellent results for our seriously injured clients.

Spinal cord injuries include:

  • Herniated discs: Fluid in the discs between any vertebrae ruptures, causing partial arm paralysis and pain
  • Fractured vertebrae: Can happen anywhere along the spinal column. Individual vertebrae break or disconnect, leading to possible paralysis below the fracture.
  • Cervical injuries: Injuries to the spine near the neck usually result in full or partial paralysis. A broken neck is a type of cervical injury.
  • Thoracic injuries: Mid-back area of the spine. Often results in paralysis or partial immobility of arms and legs.
  • Lumbar and sacral injuries: Lower spine injuries often result in mobility problems or paralysis of hips, as well as effects on the urinary tract and digestive tract.

A spinal cord injury doesn’t always mean paralysis. Many spine injuries suffered in accidents go undetected as hairline fractures on the vertebrae. There may be only minor symptoms, which may go away over time, leaving the victim to believe that no serious injury occurred.

In time, however, even a minor spinal cord injury can progress to a serious problem, requiring surgery and years of medical treatment. At their worst, a spinal cord injury can progress to paralysis and organ damage.

Get the Help You Need From Experienced Professionals

If you or a loved one has been in an accident and is noticing back pain or other nerve damage, make sure a medical specialist considers the possibility of a spinal cord injury. The West Virginia spinal cord injury lawyers of the Robinette Legal Group have extensive experience representing clients involved in spinal cord injury claims.

Jeff Robinette is a former insurance defense attorney who now exclusively represents plaintiffs injured by someone else’s negligence.  I use my courtroom experience and knowledge of the insurance litigation system to provide vigorous, effective representation for people who need to recover full and fair money damages for serious injuries that forever change our clients’ work and daily lives.

Free Books for WV Accident Victims:

Spinal cord injuries don’t go away on their own. If you have been injured, you may face a lifetime of medical treatment and financial loss. Our firm will fight hard to help you recover the full and fair money damages you are entitled to.

To learn more about what actions you should take — and must avoid — after an accident, order a FREE copy of our latest book Righting the Wrong:  West Virginia Serious Injury Guide.  You can obtain this book by contacting us through our website http://www.robinettelaw.com or by calling us at 304-594-1800 today.

We welcome your call and would be glad to answer your questions concerning your serious back or spinal injury.

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Texting While Driving Four Times More Dangerous Than Drunk Driving

A bill that would outlaw texting and using a hand-held cell phone while driving was passed unanimously by the West Virginia Senate Judiciary Committee.  Texting while driving would now be a primary offense.  Using a hand-held cell phone would still be a secondary offense.  A person who texts while driving is twenty-three times more likely to be involved in an accident.

The West Virginia Trucking Association also supports the bill.  Truckers  are already prohibited from texting or talking on hand-held phones while driving.

Texting while driving is a dangerous epidemic on America’s roadways. In 2009 alone, nearly 5,500 people were killed and 450,000 more were injured in distracted driving crashes.

The Senate bill sets the fines at $50 for the first offense; $100 for the second offense, and $200 for each subsequent offense.  Drivers would be penalized three points for a third texting offense.

Governor Tomblin supports the bill.  The bill will now go to the full Senate, and a similar version is being considered in the House.

Drivers Involved in Fatal Crashes by Age and Vehicle Type, 2009

Total Drivers

 

Distracted Drivers

 

Drivers With Cell Phone*

(% of Distracted Drivers)

 

Total 

45,230

 

5,084 (11%)

 

1,006 (20%)

 

Drivers by Age Group

 

Under 20 

3,967

 

619 (16%)

 

138 (22%)

 

20-29 

10,719

 

1,378 (13%)

 

293 (21%)

 

30-39 

7,633

 

832 (11%)

 

196 (24%)

 

40-49 

7,930

 

811 (10%)

 

161 (20%)

 

50-59 

6,559

 

631 (10%)

 

124 (20%)

 

60-69 

3,968

 

367 (9%)

 

56 (15%)

 

70+ 

3,778

 

408 (11%)

 

37 (9%)

 

Drivers by Vehicle Type

 

Passenger Car 

18,279

 

2,044 (11%)

 

386 (19%)

 

Light Truck 

17,822

 

2,117 (12%)

 

475 (22%)

 

Motorcycle 

4,593

 

562 (12%)

 

63 (11%)

 

Large Truck 

3,187

 

257 (8%)

 

75 (29%)

 

Bus 

221

 

14 (6%)

 

3 (21%)

 

 

 

Common Shoulder Injuries after an Accident

Was your shoulder hurt in an accident in West Virginia (WV)?

Many people suffer from shoulder pain either immediately or shortly after a car wreck, motorcycle, or bike accident, slip and fall, or after having been hurt in a work accident.  The severe trauma to the shoulder joint caused the impact of an accident can result in several different types shoulder injuries.

The shoulder is a ball-and-socket joint with three main bones: the upper arm bone (humerus), collarbone (clavicle), and shoulder blade (scapula). These bones are held together by muscles, tendons, and ligaments. The shoulder joint has the greatest range of motion of any joint in the body. Because of this mobility, the shoulder is more likely to be injured, especially the  acromioclavicular (AC) joint, which lays over the top of the shoulder.

Common shoulder injuries you may experience after an accident

  • Rotator cuff tear:  the most common shoulder injury after an accident is a stretching, tear, or rip in the tendons and ligaments in the shoulder joint. The shoulder has three separate joints, and any of these joints can be separated, causing extreme pain and loss of movement.
  • Fractured bone
  • Bruises
  • Strains and sprains
  • Frozen shoulder

Common symptoms of shoulder injury

  • Painfully tender, stiff shoulder that hurts more at night and may interrupt sleeping
  • Tingling, numbness, weakness, or swelling in shoulder
  • Shoulder pain in a specific spot that may worsen with exertion
  • Difficulty moving arm in any direction without pain
  • Sudden, intense pain in shoulder area
  • Pale, blue or otherwise discolored shoulder area

What type of treatment will I need?

  • If you suspect a broken bone or tear resulting from your accident, seek medical care immediately.  Do not move the shoulder; stabilize its position.
  • Shoulder injuries can be accurately diagnosed by an orthopedic doctor through tests such as x-rays, CAT scans, MRIs, and clinical evaluation.
  • The remedy may be as simple as the use of a sling to immobilize your arm and rest your shoulder to promote healing and reduce pain.
  • Elevation, compression, and ice may also aid healing.
  • A torn muscle or ligament or tendon may require prompt surgery, so an early diagnosis is essential for maximizing your recovery.
  • Pain can be coming from somewhere else in your body (referred shoulder pain), so accurate, as well as early, diagnosis is essential.
  • Physical therapy
  • Surgery

Frozen Shoulder

A frozen shoulder usually begins when injury or overuse causes pain that, in turn, limits the shoulder’s range of motion. Common conditions that cause pain in the shoulder are bursitis or a tear in the rotator cuff.

If you don’t move your shoulder much at all for many weeks, the tissue surrounding the shoulder joint thickens and shrinks. It loses its ability to stretch. When you try to move it even a little, it hurts. So to avoid the pain, you move the shoulder even less. As a result, the joint capsule stiffens even further. It’s a vicious cycle.

A frozen shoulder can take months to develop.  The cornerstone of treatment is physical therapy. At first, you’ll concentrate on exercises that stretch the joint capsule. Then you’ll move on to strengthening exercises.

Full recovery can take several months or even longer. If you don’t improve steadily, go back to your doctor or consult a shoulder expert. In rare cases, a frozen shoulder that doesn’t respond to the treatments I’ve discussed may require surgery.

Video of shoulder surgery:  Rotator Cuff Repair                         

It wasn’t my fault — how am I going to pay for treatment? 

If a combination of home treatment and physical therapy does not help your shoulder injury, shoulder surgery may be required.  Surgery is not only expensive, but will require recovery time away from your workplace, limitations on your daily activities, and time and money spent on physical therapy and doctor’s visits.  If your shoulder has been injured due to someone else’s carelessness or negligence, please contact our office for a free consultation to determine the best course for obtaining the financial resources needed to pay for your treatment and lost wages.

Submitted by the Robinette Legal Group, PLLC, West Virginia Workplace Injury/Wrongful Death Lawyers. Call us today: 304-216-6695 or 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide or Collision Care:  WV Auto Collision Injury Guide.  These books will answer your questions concerning negotiations with the insurance companies.

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Contact us today at www.robinettelaw.com or 1-304-594-1800.

Simple Blood Test for Brain Injuries

Traumatic Brain Injuries can result from car, truck, motorcycle, and bike accidents, sports injury, falls, work accidents, and from impact during explosions.  If research by the Army and Cleveland Clinic is successful, then diagnosis for brain injury could include an inexpensive blood test.  Medical researchers are developing a test that will determine the presence of a protein that is released into the bloodstream after a person suffers a brain injury.

  • Researchers are currently testing their findings by analyzing the blood of college football, hockey, and soccer players to diagnose concussions.  Current methods of diagnosing brain injury involve the use of a CT scanner.  These scans are expensive and may also fail to detect slight bleeding and other signs of a brain injury.
  • Research indicates that the potential for serious lifelong traumatic brain injury is increased greatly if a subsequent head injury occurs a short time after a concussion, so a quick and inexpensive means of determining mild brain injuries could be a lifesaver for military personnel, workers, children, and sports participants.   

Contact a Morgantown TBI Attorney

If you or a loved one has recently suffered a head injury in an accident, get checked out by a qualified medical specialist. If you are concerned about brain injury, talk to a West Virginia brain injury attorney at the Robinette Legal Group to discuss possible legal action to pursue compensation for the medical treatment, financial losses and lifetime of care. As former insurance defense attorneys, we know how easy it is for insurance companies to claim the victim isn’t really suffering the effects of brain damage.

Our Morgantown and Preston County TBI lawyers have experience representing clients in significant brain injury claims. We know what juries will be looking for in the way of evidence to prove your case. Our firm offers the professional and independent resources to handle the medical complexities of serious brain injury cases.  Please visit our web site or call 1-304-594-1800.

West Virginia Car Crash? Don’t self-diagnose injuries – get a doctor’s opinion.

If you have been involved in a serious car crash, it is important that you follow the advice of the EMS personnel and get immediate medical attention, even if you aren’t certain you have been injured.

After an accident, many auto accident victims make the mistake of trying to minimize the ordeal they have just experienced.  The attention a car accident generates can be embarrassing as well as traumatic.  Many people just want to go to the comfort of home as quickly as possible rather than continuing this major interruption to their life by spending four hours or more at an emergency room. 

If you were involved in a car accident and initially refused medical evaluation and treatment, you may be surprised by symptoms showing up later.  Adrenaline can mask physical symptoms in the minutes following an accident, and some injuries such as back pain and head trauma don’t reveal themselves until hours or days later.

A thorough medical evaluation can diagnose and treat internal injuries that could save your life, and early treatment could improve your chance of a full recovery.  Having a doctor’s evaluation of the car accident’s impact on your overall health will also assist you in knowing whether you need to file an insurance claim for damages, future treatment, and lost wages.

Even if you refused medical treatment immediately after your car accident, and you discover injuries days or weeks after the crash, you could still have a personal injury case.  Please contact Morgantown car accident lawyers at the Robinette Legal Group to learn more.

What is First Party Insurance Bad Faith?

Your insurance company has an obligation to fairly consider your interests and compensate you according to the loss you have suffered within the limits of your insurance policy.  If the insurance company considers its own best interest, and you suffer losses as a result, you have a right to sue your own insurance company for bad faith.

Personal Property Bad Faith:

If you have suffered significant damage by fire, flood, ice, or wind to your home or place of business, your insurance company may only offer a fraction of the amount of money it will take to repair the damage.  Insurance companies are motivated to pay as little as possible, so you will need a lawyer if you wish to recover the full value of your loss.

In order to prove bad faith, your attorney will have to prove that your insurance company acted unreasonably in the adjustment of your claim.  This will be a complex process of litigation, and for optimum results it is essential that you hire an attorney with many years of experience in working directly with insurance companies.

Motor Vehicle Accident Bad Faith:

Likewise, if you have been in a car, truck, or motorcycle accident and are suffering from a personal injury and your insurance company has acted unreasonably or unfairly in settling your claim, you may be a victim of insurance bad faith.

If you need help with your insurance claim, contact us at www.robinettelaw.com or 1-304-594-1800.

Drowsy Driving Prevention Week November 12-18, 2012

In an effort to reduce the number of fatigue-related crashes and to save lives, the National Sleep Foundation is declaring November 12-18, 2012 to be Drowsy Driving Prevention Week®.  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.

FedEx Truck Accident in West Virginia

 In October, 2012 near Morgantown, WV a FedEx truck was traveling north in the southbound lanes shortly before 1 a.m. when the driver tried to make a U-turn to correct his direction.  The FedEx driver caused a truck accident when he struck a tractor-trailer which then crossed the median into the northbound lanes and crashed through a guardrail on the east edge of the road.  A passenger car traveling ahead of the tractor-trailer ran off the west edge of I-79 south, coming to rest against a guardrail.  Amazingly, no one was killed or seriously injured.  Three people were taken to the hospital, treated, and released.  The FedEx driver was from North Dakota and the semi-truck driver was from Arizona. 

At least two of these drivers illustrate the types of drivers that are most at risk for driving error due to drowsiness.  Before we launch into the fall and winter holidays, we need to consider the potential impact of driving while exhausted could have on our own safety, our families, and other drivers sharing the road with us.

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.
  • Avoid driving at times you would normally be asleep.
  • 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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