Articles from our Morgantown Personal Injury Law Office about Safety Issues, Insurance Law, Auto Accidents, Personal Injury Claims, and Other Legal Issues in West Virginia. Questions? Call 304-594-1800 Today. Our phones are answered night and day.
Guest Blog by Adam Rosenblum, a personal injury lawyer who is admitted to practice in both New York and New Jersey.
If you have been involved in a car accident and are unsure of what to do, it is important to understand the best course of action to take. Understanding your rights and how to proceed can help ensure that you are given proper compensation and are well on your way to repairing your vehicle or gathering the compensation to purchase another one.
As soon as you are involved in a car accident the first step would be to seek aid by way of calling the police and an ambulance for medical attention if anyone is in need of it. If you find that someone is seriously injured and attempting to move that person would result in further damage, contact emergency services immediately.
As police arrive and begin making an accident report, it is important to remember to never admit fault at the scene of an accident to the other driver, police, or even persons that were in your vehicle at the time the accident occurred. When the police begin the process of filing an accident report, make sure all information is filled out accurately and correctly. You should get the name, license number and other essential information from the other driver involved in the accident.
If the police officer issues you a traffic ticket in connection to your accident, it is important that you seek the advice of an attorney to protect your rights.
How Do I Go About Filing a Claim?
If the accident has left you injured or has resulted in damage to your vehicle or the other person’s vehicle, it is important that you file a claim with your insurance company.
Filing a claim is the best way to get legal compensation and help yourself or anyone else involved in the accident get on the path to medical recovery (learn more: Xarelto lawsuit compensation) or monetary damages for your vehicle.
As soon as the accident occurs you should exchange insurance information with the other drivers involved. This step is especially important if you were not the one at fault during the accident as you could potentially end up paying a higher deductible fee after an accident. Document any damages that occurred by taking pictures of the accident itself and the surrounding environment. The insurance representative will also take their own set of photos, but pictures will help in explaining your own personal experience in the accident.
Claiming Damages
All states require by law that drivers insure their vehicles in order to legally operate them. This prevents any potential mishaps that might occur when getting into an accident with the other driver not having insurance and covers both yourself and others in your policy from personal injury resulting from an accident. If the other driver does not have insurance, then it is important you call the police to make a report.
Your own insurance policy also helps cover you if the other driver involved in the accident does not have his or her own insurance. If you find yourself struggling to receive a claim for either monetary damage or a personal injury settlement resulting from a car accident, contacting an experienced personal injury attorney will get you well on your way to successfully gaining compensation and reduce an liabilities that you might forced to pay as a result of the negligence of another party.
Adam Rosenblum is a personal injury attorney licensed to practice in New York and New Jersey.For more information concerning car accidents in New York and New Jersey, visit Adam Rosenblum at personal-injury-nj.com and rosenblumlawfirm.com.
Does it really matter if I wait to contact a lawyer about my wrongful death claim?
If you think that waiting a few months to speak with a lawyer won’t impact your wrongful death claim, think again. Every day that you wait to seek legal counsel equates to a loss of opportunity to obtain full compensation for your injuries. In reality, it is the first 30 days following the fatal injuries to your deceased family member that are most critical to your case.
It is within this relatively short time period that initial inspections should be completed and necessary evidence and testimony secured. It is always best if a lawyer is consulted within the first few days following the tragic event because certain evidence won’t last even 30 days. If you wait too long to develop your wrongful death claim, it will make the job of even a good lawyer more difficult to obtain a full recovery for the estate.
Waiting even a few weeks to get legal advice about your case may be just enough time for evidence to be lost or destroyed or an important witness to disappear. Loss of vital evidence and witness testimony will cause permanent shortcomings in your wrongful death case. Without evidence, you have no way of proving liability against the responsible parties who caused the death of your family member.
You don’t know if or when your evidence will disappear or be destroyed. An important witness to your case will not likely call you up and give you their testimony and forwarding address before they skip town. When they skip town, there goes your evidence, too. And that documentary evidence — the tangible information like records and parts — you need to prove your case can disappear. Nobody is going to alert you to that either.
Also, please keep in mind that West Virginia allows only two years to file suit after the occurrence. After this time, your claim will be forever barred.
It doesn’t matter if your evidence is accidentally lostor intentionally destroyed; both have the same adverse impact on your fatal injury claim. All these things happen without you knowing it — these are some of the legal ramifications of waiting too long to get legal counsel. You don’t have to end up being further harmed — you can exercise your right to consult with your own lawyer about your injury claim today.
For further information about moving forward after a tragic, unexpected death, we offer a free resource for you to help guide you through the process of moving forward with your lives. Click this link to gain the insight you need today: Beside Still Waters: West Virginia Fatal Injury Guide.
No words or amount of remuneration could ever compensate all that you have lost when your loved one is taken from you. As you move forward with your life, those who are responsible must be held accountable to give you a sense of justice and closure. Jeff Robinette and his staff are available to answer your questions. Every call is handled with compassion, and every case is handled with dignity and professionalism.
Traumatic brain injury (TBI) has been designated as the signature injury of the recent conflicts in Afghanistan and Iraq, and as a result many injured soldiers and their families suffer in silence. In response to the need, the US military is now funding new research and has established multiple centers for those soldiers with traumatic brain injuries to receive effective therapies to rebuild and reroute their neurological pathways in the hope returning to work and building a better future.
Though most of the traumatic brain injury cases we handle are the result of vehicle and work accidents, hazardous military duty and sports activities also often lead to traumatic brain injuries (TBI). Injury to the brain is usually the first injury to occur, and the last to be diagnosed. Thanks to new funding by the US military and the NFL, more hope, treatments, and tests are available to help heal the wounds.
Symptoms of TBI involve a wide range of symptoms including vomiting, persistent headaches, sensitivity to light, memory loss, mood disorders, inability to focus, slow reaction time, dizziness, depression, blurred vision, and loss of balance.
On the leading edge of TBI research are studies concerning the use of Omega-3 fatty acids and new cognitive therapies designed to reroute and stimulate neurological pathways where healthy parts of the brain can compensate by learning to handle new functions. Rest augmented by a battery of mental exercises involving memory drills, math, and hand-eye coordination can help a brain accomplish neuroplasticity, a term which means that the brain repairs, regenerates, and reconnects.
In January of 2013, the results of the examination of the brain of the former NFL player, Junior Seau, were published indicating that Seau’s brain was found to be clearly damaged by the repeated blows inherent to football. Prior to his death by suicide, he had been diagnosed with degenerative brain disease. Results of an NIH study of Seau’s brain revealed abnormalities consistent with chronic traumatic encephalopathy (CTE), a severe problem experienced by dozens of top football players.
The NFL may be facing thousands of lawsuits right now from former players who say that they were not protected or informed enough about the result of concussion. In response, The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels.
PET Scans and Chemical Markers Can Identify Progression of Brain Diseases in Athletes
More and more, researchers have speculated a connection between sports-related concussions and mild traumatic brain injuries with the development of degenerative brain diseases later in life – most notably chronic traumatic encephalopathy (CTE) and even Alzheimer’s disease.
Previously, the only way to confirm a connection between repetitive brain injury and these debilitating brain conditions was through an autopsy.
But now, there may be a new way to identify or track the progression of these brain diseases while a current or former athlete is still alive.
For the first time, researchers from the University of California Los Angeles (UCLA) have utilized positron emission tomography (PET) scans and a newly developed chemical marker called FDDNP to do brain imaging tests on five retired NFL players. The new imaging technique ultimately revealed the buildup of the abnormal tau protein, which has been associated with repetitive head trauma, as well as the onset of Alzheimer’s.
New Research Indicates Omega-3 May be Part of the Answer
Brain Health Education and Research Institute was founded by Dr. Michael Lewis in 2011 to pursue educational and research endeavors to further knowledge of natural and nutritional ways to improve brain health. The initial focus of the Institute is educating providers and the public on the use of omega-3 fatty acids for the prevention, treatment, and rehabilitation of the brain prior to or following an injury such as traumatic brain injury or concussion. With Dr. Lewis’ 30-plus years of military experience, a special emphasis is working towards improving the care and outcomes of our military personnel and veterans who have experienced psychological or physical trauma to the brain.
Dr. Lewis is a pioneer in the use of omega-3 for concussion and TBI – a simple, yet profound concept. Everyone is different, but his theory is if the basic building blocks of the brain aren’t present, the brain is going to have a more difficult and longer time putting the pieces back together. Here is something essential to know:
According to Dr. Lewis, there is no cure for concussion and TBI. All medical providers can do is optimize the conditions to help the brain do the healing. That is what using omega-3’s will do. It provides a tool, the basic building block, for the brain’s healing.
Omega-3 Aids Brain Recovery of Randal McCloy, Survivor of the Sago Mine Disaster
Neurosurgeon Dr. Julian Bailes is often at the cutting edge of the latest treatments for people with brain injuries. Former NFL players and other notable people with brain injuries—including Randal McCloy Jr., the sole surviving miner in the 2006 Sago Mine disaster in West Virginia—have received his care. Dr. Oz talks with Dr. Bailes about how he used omega-3 fatty acids, a common nutritional supplement, to aid in Randal’s brain recovery.
On January 2, 2006, the nation was captivated by efforts to rescue 13 men who were trapped in the Sago coal mine explosion. While news sources initially reported that all 13 men were alive, tragically it was only Randal who survived. After more than 40 hours of exposure to carbon monoxide, Randal was entrusted into the care of many doctors, including Dr. Bailes. “He’s had a massive heart attack from the carbon monoxide exposure, he was in kidney failure, liver failure, he was dehydrated, he was hypothermic and he was in the deepest of coma,” he says. “We didn’t have anything promising.”
Soon though, Dr. Bailes says he and the other doctors were confident they could save Randal’s life, but it was uncertain if his brain would recover from its extensive injuries. Randal was given three hypobaric oxygen treatments, but Dr. Bailes says there was no drug available that could help repair his damaged brain. “Since there was no drug to do it … why don’t we give him what his brain was made from in the first place, when he was an embryo in his mother’s womb?” Dr. Bailes says. That substance was omega-3 fatty acids. “Omega-3 fatty acids—EPA and DHA—[are] what people commonly would call fish oil, but we gave him a super variety in extremely high doses, up to 19 grams a day that we delivered to him in a liquid form through his tube that was in his stomach,” he says.
As Randal’s brain functions started to improve, Dr. Bailes recorded his findings and now says people suffering from minor to severe brain injuries can benefit greatly from omega-3s. “Consider this as a nutritional supplement, if you will, for their recovery, which I think has very profound effects on the brain,” he says. While Randal was the first known person with brain injuries to be treated with omega-3s, Dr. Bailes says he won’t likely be the last. And, Dr. Bailes says everyone can benefit from the supplement—in fact, he says he takes 800 milligrams of algae-based DHA a day.
Randal McCloy has gone on to live a normal life in a small town in West Virginia and has become the father of two children since the Sago coal mine disaster.
US Army Funds Three-year study of Omega-3’s Effect on Brain Health
Research published last year by Brain Health Education and Research Institute’s Michael Lewis, MD, in the Journal of Clinical Psychiatry reported that active-duty military with lower blood levels of omega-3 fatty acids were 62% more likely to have committed suicide compared to those with higher levels. In October 2012, the military announced they are funding a three-year study to do just that. In cooperation with the NIH, researchers at the Medical University of South Carolina led by Bernadette Marriott, Ph.D., a professor in the Clinical Neuroscience Division of the Institute of Psychiatry, will test whether omega-3 fatty acids found in fish oils can relieve the anxieties and quiet the suicidal thoughts plaguing many combat veterans.
“The potential good versus the potential extraordinarily low risk and low cost make this a type of intervention that can be – if findings are warranted – rolled out extremely fast and on a large scale,” said Dr. Ron Acierno, a co-investigator on the project at USC. “Omega-3s are among the primary fatty acids in the brain… They’re responsible for the neural generation and neural repair – for new neurons to be made and for broken ones to be fixed.”According to Dr. Hibbeln, “Research conducted in our lab [at the NIH] during the last 20 years points to a fundamental role for omega-3 fatty acids in protecting against major depression, substance abuse and other problems. Here we hope to be successful in understanding if omega-3 may play a role in reducing the risk of severe suicidal behaviors among U.S. military veterans.”
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 even 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.
The military has also ordered nearly 50,000 sensor helmets with the ability to measure the severity of blows to the head and to detect possible concussions. The NFL is partnering with the military to place similar sensors in the helmets of professional football players.
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.
Jeff Robinette, Experienced Brain Injury Litigation Attorney
As a lawyer who has helped victims of TBI navigate and receive substantial settlements from insurance companies, my great hope for these injury victims is that they would be able to move forward with their lives and receive the best care and treatment available. Kudos to those who are at the forefront of this helpful new research designed to overcome TBI and help those people function in a manner close to that of their pre-injury selves.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
An ambulance and a flatbed semi-truck collided on Interstate 79 south near Weston Tuesday morning and closed the highway for almost two hours on Tuesday, January 15, 2013.
Jan-Care Ambulance Services confirmed Tuesday morning that a Jan-Care EMT died following the accident on Interstate 79 in Lewis County.
A Jan-Care ambulance was returning to the station from an EMS transport when it collided with a flatbed semi-truck Tuesday morning, according to the Director of Operations at Jan-Care Ambulance Services.
Lewis County sheriff’s deputy said Jan-Care EMT, a passenger in the ambulance, was injured in the accident and later died as a result of his injuries at Stonewall Jackson Memorial Hospital. The ambulance’s driver was treated and released. No patient was on-board the ambulance at the time of the accident.
A spokesman of Jan-Care reflected that “It is a real tragedy when something like this happens to someone who has devoted so much time and effort to helping others.”
The Lewis County Sheriff’s Department said the driver and passenger of the semi-truck involved in the fatal crash were not injured.
The collision happened south of the Weston exit at mile marker 97.5. Lewis County Sheriff’s Department and the Weston Fire Department were called to the scene. Drivers on I-79 south of Weston were stuck for an hour and a half until crews opened the shoulder to allow them to pass through.
The cause of the accident is unknown.
The Lewis County Sheriff’s Department and State Police are investigating the accident.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
Click on the book image for immediate download, or if you are a WV injury victim, call 1-304-594-1800 or email our office today to have a softcover book sent to your home at no cost or obligation to you.
Collision Care: A Guide for West Virginia Accident Victims will give you the basic facts that you must know in order to make the best decisions for your present and future circumstances and to help you achieve the best result possible regarding your injury claim. (87 pages)
Righting the Wrong: West Virginia Serious Injury Guide provides serious injury victims and their families essential information about the insurance claims process to enable them to maximize their efforts to rebuild their lives. (161 pages)
Beside Still Waters: West Virginia Fatal Injury Guide provides surviving family members the information they need in order to pick up the pieces of their lives to enable them to rebuild a financial future for themselves and their children. (123 pages)
Click on a book cover image for a free immediate download, or if you are an injury victim or family member, call our office today to have a softcover copy sent to your home. Due to limited availability, there is a limit of one book per family.
All of these books can also be purchased on Amazon.com and Barnes and Noble for $16.95 each, plus shipping, but if you act now, Jeff will send it to you at No Cost or obligation.
Some of the useful information you will find in these books:
What Are My Legal Rights?
What Is Legal Liability?
What Is Comparative Fault? What happens if we were both at fault?
How Do I Prove My Claim? What documentation must I provide?
For What Damages May I Receive Compensation?
Do I Really Need A Lawyer? How to choose the right lawyer for your case.
Can I Afford A Lawyer?
Financial Motivation Of The Insurance Company – to minimize their pay-outs and maximize their own profit.
What is wrongful death?
Statements and Authorizations – Think twice and get advice before you sign that release!
Social Media Traps and insurance company surveillance of your activities.
Spoliation of Evidence, vehicle salvage issues.
And much, much more!
Bonus Information: The Anatomy of a Real-life Injury Case and 10 Ways to Ruin Your Case
Our Mission
Morgantown lawyer and principal attorney, Jeff Robinette, shares what he believes is the mission of the Robinette Legal Group, PLLC. The primary objective of a personal injury law firm is to help the average person who has been the victim of negligence against the powerful resources of the insurance industry.
About the Author:
Jeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.
Mr. Robinette taught insurance companies and their adjusters how to follow insurance laws and regulations, including how to adjust insurance claims in good faith. He was a frequent speaker at insurance conferences on West Virginia insurance law.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Call us today: 304-594-1800. We are glad to answer your questions.
There are more people now than at any other time in history who are working to overcome the limitations imposed by disabilities. Since the start of the wars with Iraq and Afghanistan, over 17,ooo American soldiers have been catastrophically wounded, and the military has treated 1,559 amputee soldiers, many who are double amputees. With advances in better-protected vehicles, body armor, and improved medical care, more soldiers who would have been killed in the past are now wounded amputees.
As a former soldier and now as an attorney who helps people navigate through the insurance claims process after having sustained catastrophic injuries from vehicle or workplace accidents, I am particularly interested in and well aware of the impact such injuries have on an injured person’s future and family. As families and friends prepare for holiday gatherings, here are some tips for putting others at ease.
The following are some courtesy tips provided by the United Spinal Association:
Put the person first: say “person with a disability” rather than “disabled person;” say “wheelchair user” rather than “wheelchair-bound” or “confined to a wheelchair.” The wheelchair enables the person to get around and participate in society.
Always speak directly to the person with the disability, not just to their companion or aide. Respect their privacy and do not make their disability the topic of conversation.
Avoid outdated terms like “handicapped” or “crippled.” Also, avoid euphemistic jargon like “differently-abled.”
Ask before you help: just because someone has a disability, don’t assume they need help. Adults with disabilities want to be treated as independent people. Only offer assistance if the person seems to need it.
Avoid touching a person’s wheelchair, scooter, or cane. It is considered part of their personal space.
Never lean over a person in a wheelchair to shake someone else’s hand.
Never, ever, use a person in a wheelchair to hold people’s coats or set your drink on their desktop. (Surprisingly enough, some people do these things.)
No matter how a person’s catastrophic injury occurred, sensitivity and respect are crucial in our interactions with people with disabilities, just as it is with everyone else we encounter.
Submitted by theRobinette Legal Group, PLLC, West Virginia Workplace Injury/Wrongful Death Lawyers. Free books — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families.
In an effort to reduce the number of fatigue-related crashes and to save lives, the National Sleep Foundation has declared November 3-10, 2013 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.
Early Morning Collision in Huntington WV:
More recently, The Huntington Police Department is investigating a crash involving two tractor-trailer trucks which 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.
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 which caught fire as a result of a fuel leak, the contents of this US Postal Service truck was not destroyed and was transferred to another truck by Postal Service crews.
All of these truck drivers illustrate the type 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.
Posted by the 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.
“I need to quit texting because I could die in a car accident.”
That was one of the final texts written by a 21-year-old before his truck plummeted off a Texas bridge and into a ravine. The young man miraculously survived despite suffering brain injuries and breaking nearly every bone in his body, including his cheekbones, neck, and skull. He also had to be brought back to life three times, reports WBTV.
This past Wednesday the young man left the hospital after a six-month stay that included numerous reconstructive surgeries and intensive rehabilitation (he even had to learn how to speak again). Though the incident took place on January 24, only now is he able to discuss the crash.
“Don’t do it. It’s not worth losing your life,” the man said of texting behind the wheel. “I went to my grandmother’s funeral not long ago, and I kept thinking, it kept jumping into my head, I’m surprised that’s not me up in that casket. I came very close to that, to being gone forever.”
As smartphones increasingly play a role in our lives, so too does distracted driving. A doctor from the young man’s rehabilitation program told the Daily News that he is treating an increased number of patients injured because of texting on the road. “And unfortunately I don’t think we’re going to see a decrease in that anytime soon.”
But driving under the influence of your phone isn’t the only issue; pedestrians are also in danger. Recent security camera footage revealed a shocking incident in which a Philadelphia man fell onto train tracks as he distractedly walked and talked on his cellphone. (Luckily there were no trains were headed his way, and the man escaped to safety.)
“If I had a kid 16 years old starting to drive, they could have a phone but the texting feature wouldn’t be on it,” the young man’s father suggests.
This young man believes one of his reasons for still being alive is to spread the message he learned all too well. “I still have things to do in this world,” he said. “I should tell everyone not to text message and drive.”
Morgantown WV Car Accident Lawyers
If you would like more information about texting while driving or need help in navigating the insurance claims process after having been injured by someone else’s negligence or carelessness in WV, please click here. Jeff Robinette at the Robinette Legal Group in Morgantown answers questions like yours every day and would be happy to answer yours. Call 304-594-1800 today.
One person was killed in a crash Wednesday morning on I-79, near the Pennsylvania state line.
According to a press release: A 2008 Ford F-350 Super Duty truck belonging to Energy Contractors LLC was headed north on I-79 when the driver lost control, near the 158 milepost. The truck went into the median and flipped several times, throwing out the driver and a passenger.
The driver was pronounced dead at the scene; the passenger sustained minor injuries.
A Weston man was identified as the victim of Wednesday’s fatal crash on Interstate 79.
The accident was reported to MECCA 911 at 6:28 a.m. The southbound lanes of I-79 were shut down for about an hour and a half, during which the Pennsylvania Department of Transportation routed traffic from the Mount Morris exit to U.S. 19.
According to its website, Energy Contractors provides a range of services for the oil and gas industry throughout the northeastern U.S. and the Appalachian basin.
If you have any questions regarding injuries from truck accidents, contact our office by calling 304-594-1800 or email Jeff at jeff.robinette@robinettelaw.com.
We answer questions like yours every day, and would be glad to give you the answers you need when navigating the insurance claim settlement process.
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.
If you have been involved in a car accident and are unsure of what to do, it is important to understand the best course of action to take. Understanding your rights and how to proceed can help ensure that you are given proper compensation and are well on your way to repairing your vehicle or gathering the compensation to purchase another one. 
Adam Rosenblum is a personal injury attorney licensed to practice in New York and New Jersey. For more information concerning car accidents in New York and New Jersey, visit Adam Rosenblum at personal-injury-nj.com and rosenblumlawfirm.com.
Jeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.
