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

Sanitation Worker Killed by Tree Limb

On August 20, 2013June 17, 2020 By Jeffery RobinetteIn Personal Injury, Uncategorized, Wrongful Death1 Comment

In May 2013, a sanitation worker collecting trash in an alley in Moundsville, West Virginia, was killed when a broken limb fell from a tree and struck him in the head as he was collecting trash.

The limb was apparently damaged in a recent storm; it is unclear whether the truck struck the branch. The worker suffered a massive head injury and was transported to hospital, where he was pronounced dead.

This was called a “freak” accident, but legally, could there have been any premises liability for this fatal injury?

How Healthy are Your Trees? Danger Signs:

Broken branches (called “widow makers” by arborists)

Weak branch unions

Old wounds

Ooze or fungus indicating decay

Sharp bends

Excessive pruning

Cracks

Cavity indicating advanced decay

As a home and property owner, you have a legal duty to keep your family and neighbors safe from tree hazards as much as it depends on you. This list is not all-inclusive, so if you have any doubt about the soundness of the trees on your property, hire a specialist to inspect and evaluate safety issues.

How to Identify Tree Risks on your Property

Tree owners are not expected to have the expertise of a certified arborist in evaluating tree risk, but there are common defects and situations for which a tree owner may be held responsible as a “reasonable person” in the eyes of the law.

A hazard tree is one that has both a defect that may cause it to break apart or blow over prematurely and a target that could be damaged if the tree were to fail. A tree that has dead branches overhanging a sidewalk or street is a hazard because the dead branches may break off, striking a car or pedestrian. Without a potential target, a tree cannot be considered hazardous. Targets include houses, cars, outdoor decks, and, of course, people.

We recommend that private tree owners should inspect their trees twice annually: when the leaves are on the tree (spring and summer) and, for deciduous species, when the leaves are off the trees (late fall and winter).

Tree owners should also inspect their trees after severe wind events and storms. This is important because strong winds frequently cause tree damage such as broken branches and cracks in the trunk.

Checking trees immediately following storms will help reduce the risk of defects becoming more severe and subsequently causing personal injury or property damage

Traditional Standard for Tree Owner Liability

The liability United States tree owners face from hazardous trees on their private properties has and continues to undergo a transformation.

The traditional common law legal test focused upon whether a tree owner had acted to create a hazardous condition on the property. When a tree owner did not act to create a hazardous condition on his or her property, the law did not hold the tree owner responsible for tree accidents. Essentially the law would not impose liability for the tree owner’s failure to act to remedy a natural hazard.

Only in cases where the tree owner had in some way acted to create or increase the risk of harm would liability attach to the tree owner. For example, removing a portion of a stand of trees, thus leaving the remainder susceptible to windthrow could be an example where a human act created a potentially dangerous tree situation.

Modern Trend for Dangerous Tree Litigation

Legal liability for private tree owners by structurally deficient trees or tree limbs has been undergoing a legal evolution over the last four decades.

The modern trend is towards a test that imposes greater responsibility and greater uncertainty on tree owners and arborists.

Abandoning the natural/artificial distinction, the modern test, adopted in half the U.S. jurisdictions, imposes general principles of negligence on tree owners.

Courts in each of the “modern” U.S. jurisdictions, however, have ruled in falling tree and tree-related cases that tree owners owe a duty to both passersby and other property owners to prevent harm to them from potentially dangerous objects on their properties.

The direction in which the trend appears to be proceeding raises the stakes for tree owners. Whereas immunity from legal liability may have previously existed, such liability can now more easily result from a tree owner’s actions or failure to act. The responsibilities of individual tree owners, particularly in urban areas, have increased in many states, and nothing suggests that the trend will abate.

Since the U.S. legal trend is clearly toward greater liability for hazardous trees, this warrants paying closer attention to the condition of one’s trees more than ever before.

Example of a Tree Liability Case

An example in the state of South Carolina was a lawsuit involving a decayed tree limb that fell onto an adjoining property owner’s land, striking and destroying an occupied automobile and injuring its occupant.

The tree owner argued that the law did not impose any duty of inspection on a tree whose limbs happened to overhang an adjoining business property. The court did not agree, determining that while that may have been the prior rule, the modern rule requires the exercise of reasonable care to prevent dangerous trees from causing such injuries.

Negligence in Tree Management

To recover for injuries or damages caused by a falling tree or portion of a tree, an injured party must demonstrate that:

a tree owner had some duty to prevent the harm,

the tree owner breached that duty,
the breach was the cause of the injured party’s harm.

Since the modern trend is to establish in law duty on the part of the tree owner to identify and repair or eliminate dangerous or hazardous conditions on the property, the modern threshold test is: Was the dangerous object under the control or supervision of the tree owner?

But how does a court assess whether the tree in question was in fact hazardous or dangerous, and additionally, whether the tree owner’s legal duty to eliminate the hazard was triggered?

The legal principle at work essentially states that if a tree owner is actually aware, or should have been aware, of a defect or risk posed by a tree, remedial action is warranted, even required. A tree owner must act as a reasonable person would have acted in the same circumstances.

West Virginia Premises Liability Attorneys

If you have suffered as a result of a fallen tree, broken limbs, or injured by any other premises hazard, we are here to help. If you have any questions or are not sure if you have a case, call Jeff Robinette of the Robinette Legal Group, PLLC today and get the answers and help you need. Call today: 304-594-1800.

Sources:

http://wvmetronews.com/2013/05/18/moundsville-sanitation-worker-killed-in-freak-accident/

Hazard tree liability in the United States: Uncertain risks for owners and professionals, by Michael J. Mortimer and Brian Kane, 2004: http://www.summit-tree.com/pubs/Hazard%20Tree%20Liability.pdf‎

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.

Why are Ankle Injuries so Common after a Bicycle or Motorcycle Accident?

On August 5, 2013June 17, 2020 By Jeffery RobinetteIn Bicycle Accidents, Motorcycle Accidents and Safety, Personal Injury1 Comment

Reblogged from California Injury Victims Lawyer:

Ankle injuries along with ligament tears in and around the ankle are very common following bicycle traffic incidents or motorcycle collisions for several reasons. To understand these common factors that cause damage to the lower leg and anklebone, you must first understand the following:

The Anatomy of the Bones and Ligaments In And Around the Ankle

The anklebones are made up of three main bones that form a union between the foot and the shin. These include the following: 1) the tibia is the largest bone in the lower part of the leg; 2) the fibula is the smaller of the two bones running along the shin and runs parallel to the tibia; and 3) the far ends of the tibia and fibula form the malleolus which connects to the top portion of the foot (the talus). These bones are all connected by three groups of ligaments that connect bone to bone and assist in the movement of the joints in and around the ankle. When there is a fracture of the tibia, fibula or talus or a tear of any of these joints, this can affect the mobility and function of the ankle and restrict the movement of the foot which can, in turn, inhibit simple tasks like standing or walking without the use of crutches or some other assistive device.

Ankle injuries can come in the form of fractures, ligament tears, or a combination of the two and are attributable to one main factor, namely, stress or traumatic impact to the joint. This happens when the joint is either extremely flexed or extended and/or from severe force being applied to the joints or bones. When only the ligaments give way to this trauma, you have a sprain or strain. When the bones give way, you have a fracture. When there is a combination of the two (as happens in many impacts related to bike and motorcycle crashes), this usually results in severe swelling of the leg, ankle and foot, pain coming directly from the site of fracture and from the surrounding area, black and blue bruising in or around the joint, and, in the most severe cases, the bone sticking out of the skin (so called “compound fractures”).

Why are the Anklebones and Ligaments In and Around The Ankle So Often Affected by Bike Accidents and Motorcycle Crashes

According to national accident statistics and data, approximately 87 percent of bicycle and motorcycle accident victims suffer injuries to their lower extremities including their legs, ankles and feet and lower extremity injuries were the most common injuries treated at trauma centers in the U.S. following a motorcycle collision. Tibia and fibula malleolar fractures were the most common of these injuries comprising 90 percent of all ankle injuries. (See U.S. Department of Transportation – National Highway Traffic Safety Administration Study: “Lower Extremity Injuries in Motorcycle Crashes” at p. 9). One of the main reasons for this is that, unlike a driver or passenger in a motor vehicle such as a car, the bicyclist or motorcycle rider’s extremities are not protected by a steel cage. In side impact collisions, the direct force of the vehicle strike can sometimes be on the lower leg itself or on the ankle or can cause the ankle to flex or extend in such a way as to tear ligaments or break bones. The other factor in play is the ejectment of the bicyclists or motorcycle rider from their bike which can cause an impact between the bones and ligaments of the ankle and the pavement or other roadway surface. Ankle injuries can also occur when the bike is “laid down” on its side which can come from both direct impact collisions and “near misses” which cause the biker to swerve and lose control.

Why is it Important to Seek Prompt Medical Examination and Treatment and Legal Assistance Following An Ankle Injury from A Bike Or Motorcycle Crash?

Because the anatomy of the tibia, fibula, talus and malleolus and the surrounding joints and ligaments is so complex, fractures, tears or combinations of the two can be somewhat difficult to diagnose and sometimes slow to heal properly. The ankle is the main weight-bearing joint for your entire body. You rely upon it to be able to stand, walk, run, jump, and perform the basic tasks required for many jobs and occupations, home chores, and simple day to day living. This makes it imperative to seek quality consultation with an orthopedic specialist following a bike ankle injury which will include x-rays at a minimum and may and often should include more comprehensive diagnostic studies like an MRI. It is important to fully ascertain the injury and the extent it will affect future mobility and the cost of present and future medical treatment for this type of severe injury. It is equally important to hire a qualified personal injury attorney familiar with bike and motorcycle ankle injury claims to obtain the best medical evidence of the present and future costs of treatment and obtain compensation accordingly. Otherwise, you may be left with lifetime physical consequences like arthritis and other conditions that are not accounted for and not fully compensated.

West Virginia Foot and Ankle Injury Attorneys

If you are a West Virginian, or your injuries occurred in West Virginia, you need to know you don’t have to navigate through the insurance claims process alone. Often future medical expenses will be incurred for a foot or ankle injury, and our foot and ankle injury attorneys in Morgantown would be glad to assist you to make sure you receive the full amount you are legally entitled to receive for your injuries. Call Jeff Robinette at the Robinette Legal Group, PLLC today for a Free Evaluation of your claim: 304-594-1800.

Source: http://www.victimslawyer.com/ankle-injuries-from-bicycle-or-motorcycle-accidents/ July 7, 2013 By Steven Sweat, California Personal Injury Attorney.

How Does the Insurance Company Decide How Much My Case is Worth?

On July 30, 2013June 17, 2020 By Jeffery RobinetteIn Car Accidents, Personal Injury, Secrets of the Insurance Companies, Work Injuries1 Comment

Injury Assessment Software for Injury Cases

All major insurance companies now use computer software programs to assist adjusters in placing a “value” on injury claims. These specially-designed programs purportedly allow adjusters to “standardize” claim information so that claims evaluations are efficient and consistent. The problem is, the programs were written for the insurance companies, using their input as to what was fair compensation. So the whole program is flawed in favor of the insurance company.

Some insurance companies have developed their own adjustment software programs, while others have opted for the commercially marketed software programs. The leading adjustment software programs that are commercially available are Colossus, Claims Outcome Advisor, and Claims IQ. These programs systematically assess claim information and assign a reduced value to each injury claim. The program assesses all your past medical conditions and treatments and your current and future medical treatments and then arbitrarily places a “value” on your claim.

Some programs also assess the skill and experience of the personal injury attorney, and whether he or she is capable of getting a substantial verdict against the company. Claims adjusters are instructed not to deviate from the computer assessment of the injury claim. What they personally may think about the value of the injury claim is completely taken out of the picture; it’s not important or relevant. This is why the adjuster’s “low-ball” offer of settlement doesn’t bother them; their personal opinion doesn’t matter.

Example of a Computer Assessment for a Personal Injury Claim

Let’s consider how a claims adjuster would use computer assessment software to assess the value of a serious injury claim. Suppose the serious injury being evaluated is a crush injury to the foot. Because no surgery would adequately repair the damaged ligaments in the foot, the surgeon is reluctant to try surgery unless the injury victim reports that they can’t walk at all. So, the medical bills are just a few thousand dollars for initial treatments. But the injury victim can’t work on his or her feet without pain, and can’t participate in many other activities previously enjoyed.

The claims adjuster will enter information about the claim on the computer program, and the assessment program will indicate the highest possible value on the claim. The problem is, the assessed value may be as low as only 25% of the full value of the claim. Nonetheless, the adjuster will not offer even this grossly inadequate amount as a settlement offer—they are prohibited from doing so without special company authorization.

How Does the Insurance Adjuster Use this Computer Generated Assessment of my Injury Claim?

The adjuster is only permitted to negotiate a settlement significantly below the computer assessment. The adjuster will attempt to withhold payment of at least 50% of the full value of the claim to the injury victim. In the assessment of this injury claim, the computer assessment may be as low as $10,000. The claims adjuster then will offer only $5,000 in a settlement, which is half of the computer assessment value. The computer assessment completely ignores the possibility of future surgery costs, which may be as much as $30,000, because the surgeon is hesitant to say exactly when a future surgery would be needed.

Although it is clear that there is a permanent injury—a torn ligament—and all other previous treatments have failed to correct the symptoms, there is a “minimal” value placed on the injury claim.

The claims adjuster can’t even consider any lost wages because the person can still walk, albeit, in a lot of pain—thus, no reason not to work! The claims adjuster remains convinced that her low-ball offer is fair because she has a computer program assessment to support her position.

Even if the adjuster felt compelled to offer more money in the settlement, she’s not allowed to offer more without authorization from management. Because computer assessment software is written for the benefit of insurance companies, there is a built-in bias against your claim, and it should be no surprise that the claims adjuster’s assessment of the value of your injury claim is grossly inadequate to compensate you for all your injuries.

So What Can I Do to Receive Maximum Compensation for my Injuries and Losses?

What is the value of an attorney in negotiating with an insurance company? If you go it alone, you may wind up settling for much less than your claim is actually worth. Many times, insurance companies offer settlements for cents on the dollar. But they will tell you a settlement is in your best interests. They may try to get to you say things that hurt your case. Many people who are struggling with injuries find this an intimidating and confusing process. If you enlist our firm to represent you, we will handle all negotiations on your behalf.

We have handled numerous insurance claims involving car accidents, truck accidents, premises liability and other personal injury accidents. In the past, our lawyers have represented insurance companies, and therefore we know how they value claims and what arguments they will respond to. We are adept at reaching favorable results through negotiation and settlement. If we do not achieve favorable results by those means, we are always prepared to meet the insurance companies in court.

Contact a Morgantown Insurance Dispute Attorney

Contact us to learn how we can help you recover full and fair money damages for your injuries and financial losses. From our offices in Morgantown, we represent clients in car accident and motor vehicle injury cases throughout West Virginia. Call Today: 304-594-1800 for a free evaluation of your insurance claim. You don’t have to do this alone.

Source: Righting the Wrong: West Virginia Serious Injury Guide by Jeff Robinette, Word Association Publishers, 2012.

Mountainfest 2013 Motorcycle Fatality

On July 29, 2013June 17, 2020 By Jeffery RobinetteIn Motorcycle Accidents and SafetyLeave a comment

Biker Killed In MountainFest Accident

An estimated 60,000 motorcycle riders attended this year’s MountainFest sponsored by Triple S Harley Davidson of Morgantown, WV. My observation was it was a well regulated, safety-focused event, but some circumstances such as rain showers all day and evening Saturday, July 27th were beyond the event host’s control.

Sadly, a motorcyclist attending MountainFest in Morgantown WV was killed Saturday in a highway accident.

The biker was part of a line of motorcycles leaving MountainFest along Chaplin Hill Road. Rain-slickened roads after a rainstorm caused the driver to lose control of his bike and drive into oncoming traffic where the motorcycle collided with a Dodge Neon. Police say the man was killed instantly.

The driver of the Dodge Neon was transported to Ruby Memorial Hospital with minor injuries, according to police. A passenger in the car did not sustain any injuries, and no charges are expected to be filed.

Rain was the probable cause of twelve other crashes that day, so EMS crews stayed busy. Local and State police were on top of the event and stopped several instances of reckless driving.

Morgantown WV Motorcycle Crash Attorneys

Motorcyclists have rights on our West Virginia roads and highways. After an accident, many car and truck drivers will say that they didn’t see the motorcycle. Isn’t that another way of admitting they were negligent?

Jeff Robinette of the Robinette Legal Group, PLLC is ready to stand up and fight for your rights to pursue full and fair money damages after a motorcycle injury or wrongful death. If you or a family member has been involved in a motorcycle accident, don’t let the insurance company tell you it was the motorcyclist’s fault. It’s a common tactic. Insurance defense lawyers know that juries are often prejudiced against bikers.

Free Consultation · No Attorneys Fees Unless You Win · Statewide Motorcycle Practice

Yes, you can try to file a motorcycle accident 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. Even if they admit liability on the part of their policyholder, 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 motorcycle accident cases, as both defense lawyers and on behalf of injury victims.

We know what motorcycle accident cases settle for and we know what juries are likely to award if the case goes to court. We don’t back down in our pursuit of fair compensation for you.

We have trial experience in the most complex types of motorcycle accident injury and wrongful death cases, including:

Biker head injuries, brain injury
Spinal cord injuries, paralysis
Burns, scarring and disfigurement
Amputation, loss of limb
Shoulder pain

From our offices in Morgantown, we are prepared to represent motorcycle accident injury victims throughout West Virginia. Contact us for a free consultation about your bike wreck injury claim today.

Call 24 hours a day: 304-594-1800.

Source: The Dominion Post, July 28, 2013: http://www.dominionpost.com

Consol Found to be at Fault for Slurry Impoundment Collapse

On July 12, 2013June 17, 2020 By Jeffery RobinetteIn Coal mining accidents, Work Injuries, Wrongful DeathLeave a comment

The West Virginia Office of Miners’ Health Safety and Training has cited Consolidation Coal Co. for the coal slurry impoundment collapse that killed one in November.

The haulage road on the coarse refuse dump area was not safe to drive on, according to the agency’s July 10 report on the incident.

“This is a violation of a Health and Safety statute of serious nature involving a fatality,” the report reads.

In the November 30 incident at the Robinson Run mine in Harrison County, experienced miner Markel J. Koon, age 58, was running a bulldozer on the haulage road about noon when the dumpsite cracked and failed, sweeping the dozer, with Koon, into the impoundment.

The report details evidence that the location was not safe.

Consolidation Coal engineer Paul Stuart Carter had received numerous email messages from supervisor Michael Friedline over the previous week about high readings on a piezometer on the upstream slope, according to the report. A piezometer measures water pressure and is used to monitor the stability of a dam.

Carter arrived at the mine at about 11:30 a.m. on Nov. 30, and the two walked the slope and noticed bubbling — more, in Friedline’s observation, than even that morning. Carter said, “we need to get off the fill.” Friedline instructed Koon by radio to leave the fill, and Koon had begun moving the dozer when a large crack began to develop. Large sections immediately broke off, sliding into the thick slurry and carrying Friedline, Carter, their pickup trucks, and the bulldozer and Koon with it.

Friedline and Carter were quickly rescued. The recovery of Koon’s body on Dec. 14 concluded an extensive recovery operation.

The section that failed, according to the report, was more than 600 feet long, 50 feet wide and 24 feet high. The depth of slurry where the dozer came to rest was 27 feet.

In addition to citing the company, Miners Health Safety and Training recommended the company train employees on hazards of working near water, and that life jackets should be worn by all employees working near water.

It is not clear whether that would have helped Koon.

Further recommendations may be issued when all of the information has been reviewed, the report said.

For Full Story of Markel Koon Recovery Efforts: http://wvaccidentlawyer.org/2012/12/01/consol-miner-missing/

Legal Insight — Work-related Wrongful Death Claims

West Virginia workers have had a long-standing tradition of persevering and working hard in spite of dangerous and exhausting conditions. In most cases, the family of a worker who is killed on the job will be able to receive some benefits from a Worker’s Compensation claim. In West Virginia, if an employer is found to have intentionally placed their employee in harm’s way, resulting in serious injury or death, that family may qualify to file a claim against the employer’s insurance company.

Workers’ compensation laws say that you cannot hold your employer accountable for damages above the amount of benefits paid by the workers’ comp insurance unless you can prove the employer acted with “deliberate intent,” as provided in W. Va. Code 23-4-2.

In many workplace injury and wrongful death cases, however, there may also be a third party who can be held liable for negligence. The third-party can include the manufacturer of a piece of defective industrial equipment, the property owner or a subcontractor working on the same job site.

If you or your loved one has died 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 Jeff Robinette today for a free evaluation of your case at 304-594-1800 or visit our website for more information.

Submitted by the Robinette 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.

Source: The State Journal, July 10, 2013, Pam Kasey http://www.statejournal.com/story/22809250/supervisor-had-concerns-before-consol-slurry-impoundment-fell-in#.Ud6WooeXXPI.twitter

Tired Truckers Protest New Regulations

On July 11, 2013June 17, 2020 By Jeffery RobinetteIn Truck Accidents, Work Injuries, Wrongful Death3 Comments

New Rules for Truckers

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.

New Schedule Guidelines for Truckers

Starting Monday, 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.

The rules are part of a program to make U.S. highways safer by reducing the number of truck accidents and fatalities. The program also includes a safety rating system that shippers can review when they chose a new carrier, with the goal of prodding the trucking industry to further improve the safety of its drivers and equipment.

Recent Examples of Driving Fatigue in West Virginia

Driver fatigue is a dangerous condition on highways throughout West Virginia. Federal laws regulate how many miles a truck driver can travel per day, per week and on consecutive days. All too often, however, truck drivers push these limits to increase profits or because they are pressured by their employers. In either case, the lives of innocent motorists, passengers and pedestrians are put at risk.

This year in Doddridge County three people were injured when an ambulance driver had fallen asleep while driving. The driver said he was traveling toward Parkersburg when the vehicle ran off the roadway and ended up in the guard rail and a ravine, according to West Virginia State Police.
Last July, Richard Detamore was killed when he and coworker Jacob Rowan Forrest were ejected from their vehicle. Now Ashley Detamore is suing her husband’s employer, Nabors Well Services for negligence and wrongful death. She said the Nabors company knew her husband and Forrest, both truckers for Nabors, had worked more than 30 hours in a 48-hour span.
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.

What does the Trucking Industry Think About New Rules?

But the trucking industry—which has sued to have the rules reversed—is warning that they will mean more highway traffic and high shipping costs for consumers. Truckers are saying, “If I get any more breaks out here I won’t be able to make a living.”

What the complainers are missing is that trucking is dangerous when drivers are too tired to be on full alert at all times. Slugging out the last hundred miles every day is what the new laws are designed to address. The truckers should actually “rest” during the rest stops instead of playing arcade games, going gambling or watching movies. That is not rest.

The new rules are predicted to prevent 1,400 crashes and 560 injuries and saving 19 lives each year. The DOT says the new rules will also produce a broader economic benefit. The department’s analysis found that in 2009 alone, large truck and bus accidents cost some $20 billion in medical and insurance costs, infrastructure damage, lost wages and productivity. The analysis also estimated $470 million in benefits from reduced driver mortality.

Jeff Robinette, West Virginia Truck Accident Attorney

Jeff Robinette is a National Board Certified Trial Attorney who has focused his practice on motor vehicle accidents. Our office is in Morgantown, but we represent clients in car accident and motor vehicle injury cases in Monongalia County, Taylor County, Doddridge County, Marion County, and Preston County, West Virginia.

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.

Gas Well Fire in Doddridge County WV Legal Insight

On July 9, 2013June 17, 2020 By Jeffery RobinetteIn Gas drilling injuries, Marcellus Shale, Personal Injury, Work Injuries, Wrongful Death4 Comments

On Sunday, July 7th, 2013, Antero officials reported five workers were injured in a gas well pad explosion at about 4:00 a.m. at a Doddridge County, WV gas drilling site off Brushy Fork Road near New Milton, WV. The five men were taken to the West Penn Burn Center and are being treated for various degrees of burns. Regular operations have been shut down at the Antero Resources well site after the two explosions on Sunday morning. Most of the injured are in severe critical condition and some have required surgery.

The men who suffered burn injuries were working for contracting companies — three men from Nabors Completion and Production Service, one from C and R Downhole Drilling LLC, and a worker who is employed by Willowbend Investments Incorporated. The identities of the men and their conditions have not been released. Antero operates 15 drilling sites in seven counties in West Virginia. This is the second explosion at an Antero site within a year in West Virginia. Two deaths resulted from this tragic incident.

Right now investigators believe a pump which the employees were working on may have ignited gas vapors which caused an explosion, causing two tanks to rupture and causing damage to other tanks. The diesel engine pump, which had malfunctioned, was being used to push data logging equipment down into the horizontal wellbore, which had been drilled and hydraulically fractured, by pumping fluid behind it. The well had been drilled recently, and the crew was in the final stages of completing the well. Workers were inserting a narrow production tube into the metal casing around the drilled hole when methane gas somehow ignited. Investigators have not ruled out the possibility that fumes that had volatilized and accumulated inside the tanks and exploded.

The fluid that was contained in two tanks next to the pump was “produced water” which is a fluid that comes back up from wells that may contain explosive volatile organic compounds. DEP spokeswoman said Monday the blast ruptured two tanks containing flow backwater that Antero had been reusing, but the secondary containment system captured the fluid as designed and none left the site. There was no contamination to any nearby streams, she said, and the nearest home is about a half-mile away so it was unaffected.

Legal Insight You Need for Your Gas Well Injury Claim

West Virginia workers have had a long-standing tradition of persevering and working hard in spite of dangerous and exhausting conditions. As the oil and gas drilling industry grows, an increasing number of workers are experiencing accidents resulting in serious permanent injuries and wrongful death.

In most cases, a worker who is injured on the job will be able to receive some benefits from a Worker’s Compensation claim. In West Virginia, if an employer is found to have intentionally placed their employee in harm’s way, resulting in serious injury or death, that employee may qualify to file a claim against the employer’s insurance company.

Many injured workers think that their financial damages for medical bills and lost earnings are limited to West Virginia workers’ compensation benefits.

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 Jeff Robinette today for a free evaluation of your case at 304-594-1800 visit our website for more information.

For More Information: WBOY news, July 8th, 2013: http://www.wboy.com/story/22776291/gas-well-workers-injured-in-explosion#.Udq5ObZMY_0.twitter

West Virginia State Journal, July 8th, 2013: http://www.statejournal.com/story/22782306/basic-details-still-coming-in-on-sunday-antero-wellpad-explosion