Common Sense is Still your Best Defense

On November 12, 2013June 17, 2020 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:

The 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

If you Wait, it May be Too Late…

On October 25, 2013June 17, 2020 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?

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 October 21, 2013June 17, 2020 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.

What if I was Partly at Fault for the Accident?

On September 20, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Personal Injury, Truck Accidents, Work InjuriesLeave a comment

Q. What is Comparative Fault in an Accident Case?

A. In order for you to pursue a liability claim against someone else for your injuries, the cause of your injuries must have been predominately caused by their conduct, and not your own. For instance, if you were severely injured in an auto collision, and your driving merely contributed in some small way (e.g., you were traveling 60 mph in a 55 mph speed zone), you will not likely be foreclosed from pursuing your injury claim against the other at-fault driver.

However, the percentage of your own fault (called “comparative fault”) will reduce your compensation by the same percentage of fault you contributed to causing the auto collision. So, if you are found by a jury to have been 20% at fault in causing the auto collision, your compensation will be reduced by 20% of the total verdict.

How the Insurance Company will Use Comparative Fault

Insurance adjusters exaggerate the impact of your conduct—like going 5mph over the speed limit—as a basis to substantially reduce the value of your injury claim. The same result occurs in construction injury or coal mine injury cases, where the adjuster exaggerates the impact of the employee’s conduct to show that the injuries would not have occurred if the employee had followed safe work practices.

When “Who was at Fault?” is an Issue, You Need a Strong Advocate on Your Side

While the law permits your own comparative fault to be as high as 49%, the closer your own fault gets to this maximum percentage, the less you will be compensated, and you run the risk that you will be completely foreclosed from recovering anything at all. If your fault equates to 50%, then you will be foreclosed from any recovery or compensation for your injuries. For instance, if a construction worker decides to remove his safety equipment in violation of safety rules, and is injured, it is likely that the worker’s conduct will be viewed as a significant contributing factor to his own injuries.

The law and jurors take a dim view of parties whose own conduct significantly contributes to their own injuries. Be aware that insurance adjusters try to craft reasons why your alleged negligent conduct equaled or exceeded that of their own insured, which has the end result of you receiving little to nothing in settlement of your injury claim, which is why it is essential you have a skilled personal injury attorney on your side fighting for you.

Morgantown WV Personal Injury Lawyers

The Robinette Legal Group is ready to stand up and fight for your rights to pursue full and fair money damages after a workplace injury or motor vehicle accident. You can try to file an insurance claim yourself, but there are some important things you will come to realize over time. The insurance company isn’t interested in protecting your rights and they will minimize the value of your injuries and your financial losses. That’s why having an experienced trial attorney from our firm is so important. We have years of experience handling personal injury cases, as both defense lawyers and on behalf of injury victims.

Jeff Robinette at the Robinette Legal Group, PLLC is glad to answer questions about work injury and auto accident claims. Call today: 304-594-1800.

Look Alert: Second Pedestrian Fatality in Morgantown in a Month

On September 16, 2013September 30, 2013 By Jeffery RobinetteIn Car Accidents, Hit and RunLeave a comment

Morgantown Police are investigating and fatal hit and run accident that happened early in the morning on September 15, 2013. Police continue to search for the vehicle and driver which killed this student pedestrian on Patteson Drive in an area between Krepps Park and Arby’s.

According to a Morgantown Police Department news release, a vehicle was traveling east on Patteson Drive when it struck a pedestrian in the roadway. The vehicle then fled the scene.

Anyone with information regarding the incident is asked to call the Morgantown Police Department at (304) 284-7522.

Second Fatal Pedestrian Accident in Morgantown within a Month

The incident marks the second pedestrian hit and killed by a vehicle in the past 30 days in Morgantown. On Aug. 20, a man was driving along South High Street when he struck and killed an elderly Morgantown gentleman as he was attempting to cross the street.

Local Morgantown drivers need to stay alert and be aware, especially at night when visibility is diminished, for the sake of pedestrians crossing streets, especially downtown on High and Spruce Streets, and along Van Voorhis Road, Chestnut Ridge Road, and Patteson Drive.

Hit and Run Drivers Need to be Prosecuted to the Fullest Extent of the Law

Car accidents are sometimes understandable mistakes or are simply unavoidable. But as soon as drivers flee the scene in order to avoid responsibility, the accident becomes a crime. In cases like this one, families often file wrongful death lawsuits against hit-and-run drivers in addition to criminal charges.

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

Source: The Dominion Post, “Student Killed in hit-and-run” by Alex Lang, September 16, 2013, http://www.dominionpost.com

What if a Police Officer Caused my Injury?

On September 14, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Motorcycle Accidents and Safety, Personal Injury, UncategorizedLeave a comment

We all understand the need to call the sheriff, city police, or state police if we are involved in a serious accident on a motorcycle, or while driving a car, or truck.* But, who do you call and what can you do if the collision was caused by a local police officer or WV state trooper?

Every year accidents and injuries are caused by police officers while in the line of duty. In a recent West Virginia auto collision, a motorcyclist was clipped by a police cruiser in pursuit of another motorist, causing substantial injury to the rider.

It was an unintended collision, and the policeman was just doing his job, but this injured biker now is suffering from injuries, medical bills, lost wages, and may be facing surgery and therapy in the future to gain a more full recovery after the accident. This is all going to be very expensive. Who is going to pay?

Can I sue a police officer, police department, state agency, or city for damages?

Even if the police officer was on-duty, the standard of care the officer must abide by is the same as any other citizen, except when the officer is in pursuit of another individual. In the latter circumstance, the rules for the operation of his motor vehicle change to allow him to exceed posted speed limits and the like. However, the officer is not permitted to disregard the safety of other motorists.

When a public employee causes a motor vehicle collision, there are special laws that govern the liability of the State and political subdivisions. Generally, state agencies such as the Department of Highways are immune from civil lawsuits except in certain circumstances. When a public agency or political subdivision can be sued, the claim is limited to a modest insurance coverage limit. When a police officer causes a collision, it must be determined whether the police department is insured under the State policy. So, an officer can be sued, but there will likely be a limit of insurance coverage available.

What type of damages can be recovered after a car or motorcycle accident?

Accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others (such as in a NC case where the police officer caused a collision due to road rage incident).

Recently another lawsuit was filed in WV wherein a man is suing the West Virginia State Police for injuries he sustained in a car accident caused by one of its state troopers.

A West Virginia State Trooper negligently struck the front left side of the plaintiff’s vehicle and caused him to veer off the road and strike an electric pole. The plaintiff claims as a result of the defendant’s negligence and carelessness, he sustained damages and injuries, including broken ribs, a permanent back injury, medical expenses, loss of earning capacity and loss of enjoyment of life, and pain and suffering.

In Indiana, top-tier personal injury attorney William Hurst has been involved in many cases where a police officer’s negligence caused a motor vehicle accident, killing or seriously injuring a client or client’s family member. In his blog, he outlines the special difficulties in bringing suit against police officers such as partial “waivers” of the sovereign immunity to allow the State, Cities, etc. to be sued for personal injury when their employees caused injury but have imposed restrictions and limitations as who can be sued and what an injured party can recover.

West Virginia Personal Injury Attorneys

Because of the complexity involved in crashes directly involving police vehicles, it is imperative you contact an experienced personal injury attorney to find all applicable insurance coverage and have an advocate on your side to fight for your right to compensation for your injuries.

If you have questions about a West Virginia road incident, Attorney Jeff Robinette would be glad to answer your questions. Call today: 304-594-1800.

* West Virginia accident law states the driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia State Police.

Harrison County Head On Collision

On September 11, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Personal InjuryLeave a comment

Five people were injured on September 10, 2013 in a head-on collision in Harrison County. One man was flown to the hospital and three others were taken to United Hospital Center by ambulance. The fifth man drove himself to the hospital. The site of the accident near the intersection of Routes 18 and 19 near Hepzibah, WV.

West Virginia State Police said a man was driving towards Clarksburg at about 6:00 p.m. when a Ford Escape crossed the center line and struck a minivan head-on. The man driving a Chrysler Town & County minivan attempted to prevent the accident, according to police.

HealthNet landed at the Gore Transitional School to transport the victim. HealthNet flew a male passenger, who was in the Ford Escape, to Ruby Memorial Hospital, according to state police. His name and condition are not being released at this time.

All three who were in the Ford Escape were taken by Harrison County EMS ambulance to United Hospital Center. Their present health conditions are unknown.

Police say drugs or alcohol were not factors in the crash, but other charges are pending.

A Personal Injury Lawyer’s Advice for Medical Treatment after a Car Accident

As the victims of this car/van accident wisely realized, it is critical to seek prompt and appropriate medical treatment after a collision. Following the initial treatment, don’t allow any interruption in your treatment without a good reason until fully recovered.

Keep in mind that if you intend to file an insurance claim to recover for your medical expenses, lost wages, and future expenses related to the accident, if you skip appointments or fail to follow through with prescribed treatments, the insurance company and their defense lawyers will argue that you must have felt that you were fully recovered from your injuries and had no need of continued treatment or compensation.

Additionally, much of the work that was done by insurance adjusters to evaluate claims in the past is now done by computers. If the required documentation is not entered into the computer in language and codes the program understands, the program will not properly evaluate your injury and may deny the compensation due to you. A knowledgeable personal injury attorney will know how to present the medical evidence the computers are designed to recognize.

Morgantown WV Auto Accident Attorneys

If you have questions regarding a car accident claim, call the Robinette Legal Group today and ask to speak to Jeff Robinette, a former insurance defense attorney, who can advise you on the best course for you to take in dealing with the insurance companies. Call 304-594-1800 today, or visit our Legal Advice website and click on Find Answers to your Questions.

Jeff Robinette

304-594-1800

jeff.robinette@robinettelaw.com

http://www.robinettelaw.com

Five Sent to Hospital after Crash on Chestnut Ridge Road

On August 26, 2013June 17, 2020 By Jeffery RobinetteIn Car AccidentsLeave a comment

MORGANTOWN WV – A two-vehicle accident happened around 9:30 Saturday evening near the entrance to Suburban Plaza, sending five to Ruby Memorial Hospital.

The two vehicles involved were a Ford Explorer and a Jeep Liberty. There were five people in the Jeep and two people in the Ford. Three people from the Jeep and both people in the Ford Explorer were transported to Ruby Memorial. Police say none of their injuries seemed life-threatening.

The two westbound lanes and the center turning lane on Chestnut Ridge Road were closed for about two hours while officers from the Morgantown Police Department were investigating the accident.

Chestnut Ridge Road, especially in front of Suburban Lanes and Wings Ole’, remains the third most dangerous road in Morgantown, with thirty-four accidents last year.

Morgantown Car Accident 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. You may also visit our website to find the answers you need today. You don’t have to handle this alone.

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.

Elderly Pedestrian Killed While Crossing Street

On August 20, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Hit and Run, Personal InjuryLeave a comment

Police are investigating the death of an elderly pedestrian killed on South High Street in Morgantown West Virginia in the evening on Monday, August 19th, 2013, the first day of the fall semester at West Virginia University. The family of the decedent has filed a wrongful death lawsuit against the Jimmy Johns Pizza Company, claiming that the company’s slogan, “Freaky Fast Delivery” encourages drivers to speed and drive recklessly.

Officers said a delivery driver heading north on South High Street at about 8:45 p.m. struck and killed an elderly Morgantown man who was crossing the street at the Simpson Street intersection. According to the police department the driver failed to see the elderly man as he was crossing the street.

The driver was transported to Ruby Memorial Hospital and submitted blood samples for forensic testing, and the car was impounded for examination. Officers are waiting to receive the forensic test results and plan to consult the Monongalia County Prosecutor’s Office before completing the investigation.

The Morgantown police and accident reconstructionists are investigating.

Weirton WV Business Man Killed by Truck while Walking

Just the day after the Morgantown man was killed, a Weirton businessman was struck and killed by a tractor-trailer while walking in a westbound lane of U.S. Route 22 near the Harmon Creek exit at about 11:21 a.m. Tuesday. Local police said it’s not clear why the man was in the highway, but no charges are expected to be filed against the truck’s driver.

Pedestrian Accidents In Morgantown

In Morgantown, though people of every age are at risk, students are the most likely victims of pedestrian accidents, especially on University Avenue, High Street, and Spruce Street. Our most recent newspaper safety ad in the Dominion Post highlighted the fact that we need to be continually aware, because the students are often distracted cars as they cross these busy streets.

In 2010, a large grant was designated to inform the public of the danger of pedestrian accidents in and around our city through enforcement of ordinances already in place and social media campaigns. The Morgantown Pedestrian Safety Board proposed a grant of $480,000 to help with walking safety around Morgantown. Between 1998 and 2008 more than 226 pedestrians had been struck in an around Morgantown. Sadly, it’s still happening.

We all need to pay closer attention as we drive or walk to ensure we are never the cause of such tragic pedestrian accidents which are heartbreaking for the driver and often deadly for the pedestrian.

Pedestrian Accident Lawyers in Morgantown WV

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. 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.

No Attorneys Fees Unless You Win

Many pedestrian accident cases are hit and run, or involve a situation where the car driver doesn’t carry insurance. That means you have to rely on your own uninsured driver policy to file a legitimate claim. Surprisingly, your insurance company may treat you as a hostile claimant, and you will need to fight to get the amount you are entitled to. It’s not right. It’s not fair. But it’s the way the game is played by the insurance industry. The Robinette Legal Group, PLLC 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.

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
Loading dock 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. If you have questions or want to know if you have a case, call Jeff Robinette at the Robinette Legal Group today: 304-594-1800.

Source: http://weirtondailytimes.com/page/content.detail/id/603300/Weirton-man-struck–killed-by-truck.html?nav=5006#sthash.ge2wh2ub.dpuf

Mandatory Black Box for Cars: Impact on Injury Litigation

On August 13, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Car Safety Features2 Comments

A new NHTSA rule requires all light passenger vehicles to be equipped with an Event Data Recorder (EDR) by Sep.1, 2014. Most new cars already have them – measuring such inputs as speed, lateral acceleration, pedal effort, seat belt use, wheel spin, steering wheel turn and direction. Supporters state that the data collected from these boxes could provide more information regarding car use and safety in a single day than could be collected through years of crash testing. Even with the good which could be accomplished through this mode of data collection, the opportunity for misuse and hacking will be ever-present.

The proposed federal rule that would require black boxes or event data recorders (EDRs) in every U.S. automobile will also make personal injury litigation tougher because in even clear liability cases where someone is involved in a collision while lawfully operating their vehicle, the “big brother” aspect of the black box will be used by the defense attorney to assign comparative fault to the injured driver. In a manner similar to the comparative fault assigned now to a driver who fails to wear a seatbelt which results in an automatic 5% reduction of potential reimbursement of medical bills at trial, if according to the EDR the injured driver was exceeding the speed limit by even five miles per hour their claim could be reduced by that comparative fault. Issues regarding potential tampering, hacking, and malfunction of the event data recording device will also impact the litigation of these claims.

The advent of a new technology of any type will take years to adjust to, and the insurance companies have billions of dollars at their disposal to steer legislation and regulations to favor their position on denying claims and limiting payments to injury victims. We have relied on eye-witness testimony for so long it is hard to imagine that a black box will replace eye witness testimony — but like it or not, we have to adjust to it. I agree that data recorders can assist us in screening our cases better, and may even assist in getting better recoveries for some cases. However, there are many collisions that involve some slight discrepancy of our client, and the black box could be used against them, where an eye-witness would not be able to substantiate any fault to our client. In the end, it will require us to be more careful in what cases we accept.

Morgantown Car Accident Attorneys

If you have questions, call Jeff Robinette today at 304-594-1800. You may also visit our website to find the answers you need today. You don’t have to handle this alone.