Author: Jeffery Robinette

Jeff Robinette is a National Board Certified Trial Attorney who has been honored with the designation of Super Lawyer and is Lead Counsel Rated, and has been awarded the AV rating from Martindale-Hubbell. Mr. Robinette is also a member of the Multi-Million Dollar Advocates Forum and Elite Lawyers of America. Jeff's personal statement: Prior to representing injured individuals exclusively, I was a partner in a major West Virginia law firm where I focused my law practice on defending serious and catastrophic injury claims, and had countless opportunities to gain inside knowledge of the operations and dangers of coal mines, power plants, and other industrial sites. I have litigated and tried numerous and varied civil cases, including serious personal injury and wrongful death cases. I now devote my entire law practice to representing injury victims with a focus on catastrophic injury claims. I have handled hundreds of serious and catastrophic injury claims caused by motor vehicle collisions and unsafe work environments, the two leading causes of serious and catastrophic injuries in the United States.

Could the Minneapolis Explosion and Fire Have Been Prevented?

On By Jeffery RobinetteIn Fire, Personal Injury, Wrongful DeathLeave a comment

Natural gas can be a relatively inexpensive and efficient heating fuel, but the dangers of explosion, fire, and carbon monoxide poisoning which can result in permanent injury or death are safety hazards that must be and can be prevented by homeowners and landlords.

Gas Explosion Suspected as Cause of Minneapolis Apartment Fire

Recently in Minneapolis, MN fourteen people were hurt, at least three critically, and two bodies discovered as a result of an explosion and fire that rocked a three-story apartment building in Minneapolis in early January 2014, forcing residents to jump from windows and flee to the streets into subzero temperatures.

By the time firefighters arrived, smoke and 20-foot flames were pouring out of the second and third stories of the building, and residents were jumping out of the windows.

Explosive devices have been ruled out by investigators.  Residents reported a natural gas odor shortly before the explosion, though some investigators deny any natural gas lines running in or near the building.  Other types of gas are also being considered as possible causes for the spark which caused the explosion.

It is horrible to think of all of these people in this mostly Somali neighborhood having to evacuate and lose their homes and possessions in sub-zero weather, reportedly as low as -4˚F with a -24˚F wind-chill, having to run out into ice and snow-covered streets to attempt to gain safety for themselves and their children.  Investigators are still trying to determine the cause of this explosion; it is not yet known who or what was at fault.

West Virginia Natural Gas Fatal House Explosion

In October of 2013, a similarly tragic situation occurred in Follansbee, WV, a small town south of Weirton in Brooke County.  A family had recently purchased and was still moving into this home when an explosion likely caused by a natural gas leak obliterated this rural West Virginia home.  Tragically, this violent explosion killed their 13-year-old daughter and seriously injured three others.  The blast was so powerful it shook the entire neighborhood, blew out the windows of a nearby fire station, sent plywood siding rocketing nearly 50 feet into the air, and shot boards through other houses.  Three other houses were damaged – one knocked off its foundation.natural gas explosion in neighborhood

In addition to the fatality, the girl’s parents and a sister were injured and taken to hospitals.  An especially tragic aspect of this story is that half an hour before the explosion, a neighbor had called local authorities to report a possible gas leak.  The fire department responded but found nothing.  Shortly after they left, the house exploded.

Investigators are trying to determine whether or not the gas leaked in the house from an outside source, or was a leak within the house.  Either way, when the gas reached a high enough concentration, even the most mundane action could have deadly consequences.  Once the concentration is high enough, all it takes is a pilot light or even a light switch being switched on to cause an explosion.

How can you prevent a natural gas explosion from happening in your home?

Explosions such as the ones in West Virginia and Minneapolis are rare, but I advise that homeowners and landlords have an approved maintenance worker check for leaks around stoves, furnaces, and hot water heaters.  Firefighters in every county in WV receive dozens of natural gas-related calls each year from homeowners like you.

When purchasing an appliance, look for the UL markup to ensure it has met safety standards, and if you are purchasing a used item, have it checked by a knowledgeable professional.

If you do smell the “rotten egg scent” from the odorant added to natural gas, mercaptan, react quickly and shut off the source if possible, and call a professional or 9-1-1.  If the scent is strong, evacuate the house or building, get a safe distance from it, and call emergency help immediately.  Do not smoke, use a lighter or flashlight, cell phone, turn on a light switch, or use other electronic devices in or near the house.  If possible, turn off the gas from the outside of the home.

Wise homeowners can also install a gas detector to make sure your home and family doesn’t suffer the effects of a natural gas leak.

Homeowners should also have their furnace and water heater exhaust pipes checked regularly for safety to prevent backup and carbon monoxide poisoning.

Landlord’s Obligation for Safety of Rental Property

West Virginia landlords are required to maintain a leased property in a condition that meets requirements of applicable health, fire, and safety housing codes.

Sometimes a natural gas leak is caused in part by the negligence of a landlord, repair technician, or faulty piece of equipment. Landlords and professional service technicians are held to the highest standards of accountability for the safety of those they serve.

One of the problems that city and county building inspectors face is that many older buildings are not equipped with modern electrical and gas services and alarms throughout the buildings.   These older buildings were “grandfathered in” decades ago when stricter building codes were adopted.

This allows some landlords to do minimal repairs on their buildings, and never comply with current building and safety codes.   However, some cities and counties have required work permits on every kind of repair to certain buildings, and before the permit is granted, an inspection is done and the building is required to come up to code.

Some landlords skirt these requirements by doing the work themselves, under the radar of the city.   When they are caught doing the work without a permit, they risk having their building closed down.     No city or town can keep up on the status of every building.    When a tragedy does strike, there may be significant responsibility on the landlord, and perhaps the building inspectors, for allowing an unsafe building to be occupied.

That’s why you need knowledgeable and skilled lawyers to enforce the rules.   Remember, trial lawyers are for the public’s safety, we enforce the rules when others won’t.

Questions?  Call us today:  304-594-1800.

Sources:

Silver, Jonathan, Pittsburgh Post-Gazette, “West Virginia Girl Killed in Natural Gas Explosion,” October 11, 2013.

Forliti, Amy.  ABC News. “Body of Second Victim Found after Minneapolis Fire.”  January 3, 2014.

Cross Median Vehicle Collision on I-79

On By Jeffery RobinetteIn Car Accidents, Truck AccidentsLeave a comment

A cross median crash is a collision or wreck where a vehicle or vehicles depart from the way traveled to the left, traversing the median separation between the highway’s directional lanes, and colliding with a vehicle traveling in the opposite direction.  In an attempt to prevent these often fatal collisions, grass medians separate interstate highway lanes and concrete or metal beam barriers have been installed in some known highway danger areas.

Grass medians can be somewhat effective, as also are traditional concrete and metal-beam barriers, but are expensive and can be difficult to install in some locations.  The good news is that the alternative of cable median barriers can provide a solution that is both comparatively inexpensive and effective.  A great advantage for West Virginia terrain is that these cable barriers are very effective on slopes.   National studies have shown a 96% reduction in fatal cross median crashes when these cable barriers are used, and several high-tension cable designs are now available that can withstand multiple hits.

A recent three-vehicle collision near Weston, WV where two vehicles collided in the southbound lanes of I-79 may be a case for consideration in determining whether or not the mere separation of lanes by a grass median is enough to prevent such head-on collisions.  The impact of this collision drove one of the vehicles into the northbound lanes, where it slammed into a flatbed truck.   Tragically, the truck driver was injured and taken to Stonewall Jackson Memorial Hospital, and one person was killed in the wreck.  Clearly, the grass median was not enough in this case to prevent tragedy.

Accident reconstructionists are working to determine the cause of the initial collision involving the two cars in the southbound lane.crash on I-79 near weston

This accident was obviously a cross-median collision, but the absence of a standard definition leaves many accident situations in doubt with regard to characterizing them as cross-median crashes. Questionable examples include the following: vehicles departing the roadway, crossing the median, and colliding with a tree and vehicles crossing the median and falling from a bridge overpass onto a different road such as in a recent incident that occurred near Bridgeport, WV.

In October of 2013, on the southbound side of I-79 just past the Meadowbrook Mall exit in Bridgeport, a truck lost control as it was approaching the bridge crossing Johnson Avenue/Meadowbrook Road, hit the guardrail and then fell off the bridge on the street below.

The semi-truck was completely destroyed and I-79 South was limited to one lane while the section of Johnson Avenue/Meadowbrook Road between the I-79 northbound on-ramp and the I-79 southbound off-ramp was completely closed.  One person was injured, but the truck driver was able to crawl out of the cab after the collision.

In light of trying to prevent such accidents from happening at all, or at least minimizing the impact and damage from such collisions, the National Traffic Safety Board (NTSB) is working toward better accident analysis in this area.  Furthermore, the NTSB recommends that NHTSA and Governors Highway Safety Association work together to add a standard definition for “cross-median crash” and a data element for cross-median crash accidents to the national databases.  Solutions to address the problem naturally include barrier application and installation decisions in where to best place highway dollars for driver’s safety.

Causes of cross median crashes are the same as you would expect in any motor vehicle collision, such as fatigue, improper lane changes, and inattention, but the good news is that research is showing that protective barriers, especially cable median barriers, can prevent most cross median crashes, regardless of the circumstances.

One of the least expensive solutions would be increased installation of cable median barriers which consists of 3 or 4 steel cables, tensioned and strung on posts which contain vehicles in the median once they leave the roadway where they are less likely to involve other vehicles and cause a multi-vehicle crash.

Cable median barriers are also some of the most versatile and forgiving barrier systems available for reducing the severity of run-off-road crashes and show a substantial reduction in fatal and injury crashes when compared to concrete and metal beam barriers.  When struck, the cables flex and the posts break which absorbs most of the crash’s kinetic energy and redirects the vehicle along the barrier.  National studies have shown a 96% reduction in fatal cross median crashes when these barriers are used.

Indisputably, prevention is always preferable to the cure, but when a motor vehicle accident does occur, whatever the circumstances, human suffering and property loss is too often the result.  At the Robinette Legal Group, PLLC, we have spent decades helping the victims of such collisions gain the compensation they need to put their lives and health back together, as much as possible.

We know how to navigate the insurance agencies’ strategies to minimize reimbursement and compensation for your losses and how to help you gain your best possible result.

If you have any questions concerning injuries or financial losses, or property damage from a car, truck, or motorcycle accident, call us today to get the answers you need:  304-594-1800.

Source:  National Transportation Safety Board, “Safety Recommendation.”  October 4th, 2011.  http://www.ntsb.gov/doclib/recletters/2011/H-11-028.pdf

Hit and Run Drivers Face Civil as well as Criminal Charges

On By Jeffery RobinetteIn Car Accidents, DUI Accidents, Hit and RunLeave a comment

Car accidents are sometimes understandable mistakes or are simply unavoidable.  Sometimes they are caused by negligence like substance abuse or driving which has been distracted by electronics.  But as soon as drivers flee the scene in order to avoid responsibility, no matter the cause of the accident, it becomes a crime.  In these cases, families often file personal injury or wrongful death lawsuits against hit-and-run drivers in addition to criminal charges they are facing which may be up to five years in prison and a $5,000 fine.

Drivers often flee the scene of a pedestrian collision due to fear of prosecution, fear of being found to have been driving under the influence of alcohol or illegal substances, or fear of having been found to have been driving without liability insurance, as is one in every seven drivers on the road today.

We need to send a message to hit-and-run drivers in West Virginia which is:  You will be caught, and you will be prosecuted, so don’t make matters worse for yourself or anyone else involved.

Beverly, WV:  Hit and Run on Highway Route 219

A good example of this involves the West Virginia State Police in Elkins who are investigating a hit and run that happened on Rt. 219 outside of Beverly around 4:30 p.m. on Friday, November 29th, 2013.  State Police have located and arrested the driver and charged him with DUI causing personal injury, leaving the scene of an accident, possession of a controlled substance, and possessing marijuana.

State Police said the perpetrator of this hit and run was driving north on Rt. 219 outside of Beverly and struck a young man who was walking on the shoulder with another person. Troopers said the driver was answering his cell phone while driving around a turn when he traveled off of the roadway and struck the pedestrian who is now in critical condition. The second pedestrian was not injured.  At the time of this post, the pedestrian remains in critical condition at Ruby Hospital, and the hit and run driver is being held in Tygart Valley Regional Jail.

What Can A Victim Do In Such Cases?

This collision exemplifies all that can go wrong when irresponsible persons are behind the wheel of a vehicle —  driving under the influence, losing control of the vehicle and leaving the victim on the side of the road.   Thankfully, there was a witness who was able to communicate the identity of the perpetrator to the police.    But what about the victim’s rights of recovery against the perpetrator?   What can be done to make him responsible for the damages he has caused?   Unfortunately, in many cases, there is little that can be done.   If the perpetrator has insurance, it is often in the minimum limits required by law: $20,000.   One day in the hospital would absorb that amount.   More often, though, the perpetrator doesn’t have automobile insurance and has no assets.   A judgment against such an individual would likely be difficult if not impossible to collect.  Besides, he is likely to be spending some time behind bars for his illegal behavior.   These types of situations illustrate the need for responsible drivers to have sufficient underinsured motorist vehicle coverage and medical payments coverage on their own policies.

Elkins WV Pedestrian Accident Lawyers

Every year in communities throughout West Virginia, hundreds of innocent adults and children are injured or killed while walking on a sidewalk or pedestrian crossing or riding their bikes legally on our streets. When a car or truck hits a pedestrian, there is usually no question about who is going to suffer.

Going up against an insurance company to fight for full and fair money damages for your injuries or financial losses is no easy task. Insurance companies often devote substantial financial resources trying to beat you down and frustrate you until you accept their low settlement offer.

The  Robinette Legal Group puts you on an even playing field.  Jeff Robinette is a former insurance defense lawyer who understands the strategies and tactics insurance companies use to limit their liability and avoid paying you what your claim is worth.

Our firm has experience representing clients in all types of pedestrian accident injury and wrongful death claims, including:

  • Intersection and crosswalk injuries
  • Parking lot injuries
  • Hit and run and uninsured motorist accidents

Contact our offices in Morgantown to schedule a free consultation about your pedestrian accident injury claim. We represent clients injured in communities throughout West Virginia.

Related article on Erin’s Law in WV stiffening penalties for hit and run drivers.

If you have questions, call 304-594-1800 today.

Source:  WBOY: “1 Arrested, 1 Hospitalized at Ruby Memorial Hospital Following Rt. 219 Hit and Run.”  December 3, 2013.

Head-on Collision in Harrison County

On By Jeffery RobinetteIn Car Accidents, Truck Accidents, Wrongful Death1 Comment

Anyone who drives knows the care that must be applied when meeting oncoming traffic, especially at high speeds. Nonetheless, drivers cause head-on collisions every day, putting innocent lives at risk.  Due to the sheer physics involved in head-on collisions, the resulting injuries are typically severe and catastrophic, and all too often, head-on collisions result in fatal injuries.

For example, on November 20, 2013 in Harrison County a pick-up truck traveling east on Route 50 crossed the median, hitting a Subaru Forester traveling westbound before rolling over the embankment.  Two Air Evac Medical Teams out of Wetzel County were called to the scene on Highway 50.  Tragically, sheriff’s officials confirmed that this accident resulted in the death of the two men who were in the Subaru.  At the time of this posting, it is not know what was the cause of the truck crossing the median and the current medical condition of the driver of the pick-up.  In cases where there are no outside witnesses to a collision, particularly in cases where death has resulted, accident reconstruction experts will be called in to provide these grieving families with some answers as to how the accident occurred and who was at fault.

One week later, on Route 57 in Harrison County, a 16-year-old female driver with an 18-year-old passenger was attempting to pass on a curve in a no-passing zone and lost control of her vehicle and slid into traffic in the eastbound lane.  The horrible result was that two teen girls’ lives were cut short, and the two occupants of the eastbound car are receiving treatment for serious injuries; one determined now to be in fair condition, but the other is still in very serious condition.

How do head-on collisions occur?

Head-on collisions can occur when:

  • A driver falls asleep at the wheel and swerves into oncoming traffic
  • A driver loses control on ice
  • A driver swerves to avoid hitting a deer or other animal
  • A drunk driver crosses lanes
  • A motorist drives the wrong way on a one-way lane or approach
  • A driver attempts to pass other vehicles in an illegal or unsafe manner

At Robinette Legal Group, we are dedicated to helping injured people and their families recover compensation for the losses they have suffered. We are prepared to handle the most complex cases involving serious injuries and wrongful death.  If you or a loved one has been injured in a head-on collision caused by another driver’s negligence, it is important to have an experienced personal injury attorney on your side.

We have the skill and resources to handle cases involving catastrophic injuries and wrongful death. If you have been seriously injured, an experienced car accident lawyer will carefully assess the full extent of the damage and how it will affect you today and in the future. We take everything into account, including your need for ongoing medical treatment, physical therapy, adaptive equipment and other needs.

For families that have lost loved ones in fatal car accidents, we apply the same thorough approach. We will help you pursue compensation for lost earnings, loss of companionship, emotional pain and suffering and other damages. We are committed to helping you obtain the resources you need to make it through this difficult time.

Contact Us

Contact us to learn how we can help you recover full and fair money damages for your head-on accident injuries and financial losses. From our offices in Morgantown, we represent clients in car accident and motor vehicle injury cases throughout West Virginia.  If you have questions concerning a head-on collision, call us today at 304-594-1800 to obtain the answers you need today.

Source:  WBOY News, “Update: Route 50 Eastbound Near Dog Run Closed Following Vehicle Crash” November 20,2013.

Common Sense is Still your Best Defense

On By Jeffery RobinetteIn Car Accidents, Personal Injury, Truck Accidents1 Comment

OSHA’s tongue-in-cheek April Fool’s day training blog post recommended two free smartphone apps to help you detect whether or not the roads, parking lots, and sidewalks are safe this winter.  Even though black ice is not a laughing matter, your best protection against slip and fall and road accidents is still just good common sense.

OSHA Cold App – Here are the instructions on how to use this App:  Place your smartphone face up on the ground in an open area located outdoors, exposed to the elements. Wait 12 minutes, and then scratch a fingernail over the screen. Then look at the screen; if you see a layer of frost buildup on the screen, very cold weather has been detected. You should immediately take a break and sip some hot chocolate.

OSHA Black Ice Detection App – this is another cold weather-related App, and it helps you detect when a thin layer of hard-to-see “black ice” has built up on sidewalks or pavement, which could lead to a nasty slip and fall. To use this App, follow these instructions:

Place your smartphone flat on its back on top of the sidewalk or pavement. Use one hand (either left or right) to give the phone a shove. If the phone easily slides across the pavement, black ice has been detected, and you should immediately apply some ice-melting compound before walking on the sidewalk or pavement.

All joking aside, did you know that OSHA has declared black ice is the deadliest of all winter driving hazards?

Winter can be a stunningly beautiful season when the snow rests on the trees and the roads are clear as it was in Morgantown this morning.   Driving hazards are increased exponentially, though, as the temperature drops below freezing and can make even the simplest commute extremely dangerous.  Challenges and risks unique to the season require heightened vigilance, and drivers must adjust their driving to meet the demands of the road.

According to the Occupational Safety and Health Administration (OSHA), black ice is the deadliest of all winter driving hazards.  More accurately, black ice is transparent ice without ripples or bubbles which may cause the surface of asphalt shine as if merely wet.  This type of ice can be nearly invisible.  Obviously, if freezing rain is forecast, it is prudent to heed the weather report’s advice to stay home if at all possible.

What is Black Ice?

  • A coating of thin, transparent ice forms on the surface of the road from moisture or airborne exhaust particles when there is a sudden drop in temperature.
  • Black ice forms so quickly that OSHA calls it the deadliest of all winter driving hazards.
  • Black ice is more common at night and early mornings.  Asphalt roads, shaded areas, and bridges are particularly hazardous.
  • Intersections can also be dangerous as spinning tires and vehicle exhaust melt snow which refreezes as an invisible coating.

Warning signs which can indicate road ice hazards:

 ice on mirrorThe most obvious warning sign is the knowledge that the temperature has dropped to freezing or near freezing.  If you aren’t sure, a professional truck driver’s tip is to run your finger down the outer edge of your driver’s side mirror.  If ice is forming on the mirror, you know it is cold enough for ice to form on the roads.  Also, look for shiny patches on the pavement which are slightly darker in color than the surrounding road surface.

Treated roadways may not freeze up right away, but there may still be patches of frozen surfaces on bridges, overpasses, lightly traveled roadways, and untreated road surfaces. These areas can become extremely hazardous very quickly. Construction zones and roadways which change from one surface to another, such as from concrete to asphalt, also are potentially risky areas.

What you can do to minimize hazards from black ice:

  • Braking on black ice can take up to nine times longer than usual, so anticipate braking distance to avoid losing control.
  • Remain calm and do not brake suddenly or make any other sudden movements.
  • Slow down as much as possible while also trying to avoid being rear-ended.
  • Winter tires can reduce braking distance by up to 50% as compared to all-season tires.
  • If you do start to skid, take your foot off gas pedal, shift the transmission into neutral, and look and steer in the direction you wish to go.  Wait until you are well out of a turn before you accelerate.
  • ABS will not help your vehicle stop any shorter, but will prevent your brakes from locking.  If you do not have ABS and feel your wheels locking, release the pressure slightly to avoid locked wheels which will not allow you to change direction.
  • Even the best drivers can lose to ice.  Stay off the roads if at all possible.

In all seriousness, stay in and stay safe!

Submitted by the Robinette Legal Group, PLLC of Morgantown, WV.  Working together to keep your family safe.  If you have questions concerning vehicle collision injuries or insurance issues related to a winter hazard injury, please contact us today at 304-594-1800 or visit our website for the answers you need today.

Source: “Four Best OSHA-related Safety Apps on the Web – Download Them All for FREE” April 1, 2013:  http://oshatrainingservices.blogspot.com/2013/04/four-best-osha-related-safety-apps-on.html

Two Gas Well Drilling Workers Treated for Burn Injuries after Antero Well Site Flash Fire

On By Jeffery RobinetteIn Gas drilling injuries, Marcellus Shale, Work Injuries1 Comment

WEST UNION —  Two oil and gas workers were installing a new separator at the Jonathon Davis pad site when a condensate leak occurred which caused a flash fire, burning two workers.  The flash fire at an Antero Resources well site in Doddridge County WV which burned two workers occurred on Sunday, October 27, 2013. One worker received first degree burns to his arms and hands, the other second degree burns to his arm.

One worker was sent to United Hospital Center and the second was taken to West Penn Burn Center in Pittsburgh, PA where he underwent a skin graft surgery.  One worker has already returned to work, the other is expected to remain hospitalized throughout the week.

Inspectors are working to determine an ignition source for the flash fire. The well pad is located off of Ramsey’s Ridge Road near West Union. There are several wells drilled on the pad and at least two are producing.WV gas well explosion

The West Virginia Office of Oil and Gas cited Antero Resources in August 2013 for failing to maintain well control in connection with a July 7 well explosion at the New Milton, Doddridge County Ruddy Alt well pad. Five men received severe burns in that gas well explosion and two of the men later died as a result of their injuries.

The Robinette Legal Group, PLLC, West Virginia Workplace Injury Attorneys 

If you or your loved one has been injured due to negligence or willful violation of safety regulations in the workplace, 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 us today for a free evaluation of your case at 304-594-1800 or visit the Marcellus Shale Work Injury page on our website today.

Source:  WBOY News.  “Antero Employee at PA Burn Center After Fire at West Union Well Site” By Kim Freda, http://www.wboy.com/story/23810159/antero-employee-at-pa-burn-center-after-fire-at-west-union-well-site, October 29, 2013.

If you Wait, it May be Too Late…

On By Jeffery RobinetteIn Car Accidents, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents1 Comment

The following is from the transcript of a live chat our office recently received:

“I was in a car accident 2 years ago.  I have a head injury.  I have to take meds for the rest of my life, and still have a knot on my head.  My doctor bills are around $10,000.00.”

“I called the insurance company to try to settle my claim about 2 weeks before the 2 years were up.  I didn’t know 2 years was all I had.  He told me he could not do anything with it until I had a doctor’s release form and to call him after I got it.  Then a week or so later I got a letter saying my case was closed.  When I called him he said they would not pay anything, even though I tried to settle it before the 2 years.”

She waited too long, trusted the adjustor, and now it is too late.

What is the Time Limit for Filing a Personal Injury Claim in West Virginia?gavel and clock

West Virginia law provides that you have two years from the date of the auto collision to take legal action (i.e., file a lawsuit) against responsible individuals and companies, including insurance companies, to seek compensation for the damages (i.e., your injuries and losses) you sustained in the auto collision.

If you do not file a lawsuit within the two-year statute of limitations period, your claim will be forever time-barred. Two years may sound like a long time from now, but believe me, it is not when considering all the things that must be done to secure your legal rights against the responsible parties.    Every day that you wait to seek legal counsel equates to a loss of opportunity to obtain full compensation for your injuries.

Don’t miss your only chance for a fair insurance settlement

There are laws that protect you and your family from the consequences of the negligent and wrongful behavior of others who caused your injuries and losses.  Your damages, which include your medical and financial losses and obligations, should be paid by the parties responsible for causing your injuries and losses — but they won’t pay, that is, not without a legal battle.

An experienced personal injury lawyer knows how to enforce your legal rights against the wrongdoers that caused your injuries and losses in a fair and professional way to obtain the compensation you deserve for your injuries.

What could happen if I wait to contact a Lawyer?

The first 60 to 90 days following your auto collision can make or break your case.   It is within this shorter time period that necessary evidence and testimony must be secured, treatment rendered and medical opinions obtained.

If you wait until after this time period has passed, and you have not developed your claim properly, it will make the job of even a good lawyer very hard to obtain a full recovery for you.   Worse yet, if you wait until close to the two-year statute of limitations period to consult with a lawyer, it is almost guaranteed that your claim has already been compromised.

You have one chance to gain fair compensation for your auto accident injuries.  Make sure it is done right.

Morgantown WV Injury Lawyers

If you need assistance with an insurance claim regarding a motor vehicle collision, we can help.  Call the Robinette Legal Group, PLLC  today for a free, no-obligation consultation with an experienced personal injury attorney:  304-594-1800 or after hours or visit our website to find answers to your questions.  You don’t have to handle this alone.

For more information, see our free report “Why the Insurance Company Doesn’t Want You to Hire a Lawyer.”

Source:  Collision Care — West Virginia Auto Injury Guide by Jeffery Robinette, Word Association Publishers, 2012.

Roll-over Crash in Harrison County

On By Jeffery RobinetteIn Car AccidentsLeave a comment

Clarksburg WV – Five young people in were involved in a serious roll-over crash on Highway Route 19 South near Laurel Park Road late on Saturday, October 19th, 2013.  The accident resulted in critical injuries in four of the car’s occupants.  The four individuals are in critical condition at Ruby Memorial Hospital in Morgantown; two were flown there by HealthNet, one was taken to UHC by ambulance and then flown to Ruby, and one was taken by ambulance.  Two women and three men were involved in this crash.

Sheriff deputies said the driver lost control of the vehicle and that speed may have been a factor.  The sheriff’s department said the car went over an embankment near a body of water and rolled a few times, but thankfully, did not go in the water.

West Virginia Roll-over Crashes:

Of all the types of car accidents, one of the most dangerous and deadliest is the rollover collision. In a rollover, a car, truck, or other vehicle turns over onto its side or even its roof before coming to a stop in any position, so all four of the vehicle’s sides are involved and the vehicle experiences at least five impacts during the collision. When the roof of the car is impacted, there is always a danger of it being crushed.  While cars are designed to withstand some force in a collision, the impact and damage from rollover accidents are more likely to cause not just the reason for auto breakdown recovery but also some injury and death – because of the nature of the collision, the forces involved, and the damage that is likely to result to a rolled vehicle.

Another factor that makes these rollover wrecks so dangerous is the driver and passengers inside the vehicle can become trapped because of the damage to the vehicle. This may prevent occupants from obtaining the help and medical treatment they need or delaying such treatment, sometimes requiring the jaws of life to cut into the car and so the injured occupants can receive help and treatment.

Morgantown WV Car Accident Attorneys

If you have been injured in a rollover accident, you may have a claim for your damages. Contact the car accident lawyers at Robinette Legal Group, PLLC for a free, no-obligation telephone conversation.  Call Today:  304-594-1800.

Sources:

WBOY News, “4 Taken to Area Hospitals After Vehicle Crash in Harrison County” October 20, 2013. http://www.wboy.com/story/23737492/update-4-taken-to-area-hospitals-after-vehicle-crash-in-harrison-county

Abels, Dave. “Rollover Accidents” http://www.daveabels.com/rollover-accidents.html October 21, 2013.

Early Morning U.S. Mail Truck Collision with Tanker Closes I-64

On By Jeffery RobinetteIn Truck Accidents, Work InjuriesLeave a comment

HUNTINGTON WV – The Huntington Police Department is investigating a crash involving two, tractor-trailer trucks that shut down all westbound lanes of Interstate 64 in Huntington.  Dispatchers received word of the crash at about 4:30 a.m. Thursday, October 17, 2013.

The crash involved a box truck owned by the U.S. Mail and a tanker truck carrying an unspecified substance. Dispatchers said the box truck overturned due to the crash’s impact and was leaking fuel from its tanks. One of the trucks also hit a bridge and knocked off a chunk of its concrete wall.
mail truck on side
The accident happened at the 9.5-mile marker, located just east of the 5th Street Road exit in Huntington. Officials were diverting westbound traffic off the Hal Greer and 29th Street exits.
Thankfully, there were no reported injuries, and unlike a May 2013 accident on I-64 in Kentucky involving a mail truck that caught fire as a result of a fuel leak, the contents of this US Postal Service truck were not destroyed and was transferred to another truck by Postal Service crews.  Even so, it is a good idea to follow up with any mail sent to or from this area recently if it is of any great importance.

New trucking regulations address the problem of extreme tiredness in truckers:

Both of these truck drivers involved in this 4:30 a.m. crash illustrate the types of drivers that are most at risk for driving error due to drowsiness.  In an effort to increase safety on our roadways and reduce driver fatigue, a leading factor in large truck crashes, the Department of Transportation has updated its mandates for breaks and rest periods for long haul truckers.

Tired drivers are far more likely to cause accidents than those who are well-rested and driving in compliance with federal trucking guidelines. Tired drivers may also enter a dangerous state known as “highway hypnosis” in which dozens of miles may pass that they do not even remember. Whether a driver falls asleep at the wheel or is inattentive due to lack of sleep, the resulting accidents can lead to catastrophic injuries and wrongful death.  Under the new guidelines, drivers will have to stick to a schedule that requires taking a 30-minute break in the first eight hours of driving, cut the maximum workweek to 70 hours from 82, and “restart” those 70 hours with a 34-hour break once a week.

We are all guilty of driving while drowsy:

We all recognize 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.  Most of us are not professional truck drivers, but drowsy driving affects us all.

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.

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.
  • 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.

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.

Working with you to keep our families safe — The Robinette Legal Group, PLLC, Morgantown Personal Injury Attorneys serving the state of West Virginia.  We have vast experience handling truck accident claims.  If you need help with a motor vehicle collision insurance issue, call us today at 304-594-1800.

Source:  The Herald Dispatch, “Major truck crash closes I-64 Westbound” by Curtis Johnson, http://www.herald-dispatch.com/breaking/x1084575914/Major-truck-crash-closes-I-64-westbound, October 17, 2013

Logging Truck Crash Derails Fall Foliage Passenger Train in WV

On By Jeffery RobinetteIn Train Accidents, Truck AccidentsLeave a comment

logging truck and train accident on Cheat Mountain (2)Cheat Mountain WV — What could be safer than a pleasant day out with children and grandparents traveling on a scenic passenger railroad train through the mountains at ten miles an hour to admire the fall colors?  You just never know what a day can bring.  On this day in October, a logging truck failed to stop at a railroad crossing at the U.S. Route 250 crossing at Cheat Bridge on Cheat Mountain near the Randolph and Pocahontas County line.  The truck collided with a fall foliage sight-seeing passenger train, the Cheat Mountain Salamander, and caused two of the passenger cars to derail and overturn on their sides.

As bad as this collision was, it could have been far, far worse.  According to WVMetroNews, there were four cars on the train, and the truck hit the third car that was being used as a dining car and the logs from the truck went into the second car which was being used as storage and did not contain passengers.

The cars were reinforced with crash posts which is why the cars didn’t crumple when they were hit by this tremendous force and why metal didn’t shear and glass didn’t shatter.  Instead, they just got knocked off their track.  A second’s difference could have made all the difference for the passengers of this train.

The conditions for viewing the outstanding Cheat Mountain Sugar Maple display were not optimum on Friday, October 11th, 2013, which was a day plagued with drizzle, rain, and persistent fog.  The train carrying 63 sightseers and four crew members was traveling about ten miles per hour.

There was no immediate evidence that the truck driver had attempted to brake before his truck carrying logs ran through flashing railroad caution signals and crashed into two passenger cars of the Cheat Mountain Salamander, said a Randolph County Sheriff.  A complete brake failure, the combination of thick fog and rain, or medical condition could have precipitated the accident.

The train’s engineer had to run a third of a mile to get assistance after the crash.  The site of the logging truck-train collision is in the no radio, no cell phone area near the Greenbriar Radio Telescope.  Injuries ranged from minor to serious — all 67 people on the train were transported for medical evaluation — some by school bus and some by ambulance.  HealthNet helicopters were not available because of the weather.  Over twenty people were treated for injuries.

The driver of the truck was declared dead at the scene and the truck was a total loss.  The Sheriff identified the log truck as belonging to H & H Fisher LLC of Pocahontas County.  An autopsy will be performed to determine the cause of death of the truck driver.

Investigators are working with the Public Service Commission rather than the National Safety Board which is not operating due to the partial government shutdown.

Unique Aspects of Logging Truck Accidents

Accidents involving commercial trucks are different than any other kind of motor vehicle accidents. In the first place, logging trucks and mining trucks on West Virginia roads are often fully loaded. Their sheer size and mass put everything else on the road in danger. In addition, the companies that own and operate freight and cargo trucks are subject to federal safety standards. They know the level of liability they are under and will do everything possible to deny responsibility when one of their drivers is at fault.

Truck companies are under regulations by the Federal Motor Carrier Safety Act (FMCSA) to keep detailed records of maintenance and driver activities. After a serious collision, these records could be altered or even disappear.  But as experienced trial lawyers with defense experience, we know how to guard against such actions. We hold the opposition to the highest standards of the regulations.

West Virginia Trucking Accident Lawyers

If you or a member of your family has been involved in an accident with a commercial truck of any size or weight class, talk to us. We provide a free consultation to discuss your case. If we are a good fit with each other, and you decide to retain our services, we will represent you on a contingency basis. You will not pay attorneys fees unless we help you recover money.

Time is an important factor in truck accident claims. Contact the Robinette Legal Group, PLLC today at 304-594-1800.

For more information:  WV MetroNews, “Several still recovering from train accident; investigation continues” by Shauna Johnson, October 14, 2013:  http://wvmetronews.com/2013/10/14/several-still-recovering-from-train-accident-investigation-continues/