Fatal Crash on I-79 at Westover WV Exit

Westover Accident Update:  Another tragic accident near Westover on I-79 happened Wednesday morning, November 19th, 2014, just before 10:00 a.m. when a head-on collision and fire shut down I-79 about a mile south of the Westover exit.  Both northbound and southbound lanes were closed after the accident.  Firefighters blocked interstate ramps, and emergency medical teams were on the scene.

Witnesses said a southbound vehicle crossed the median and struck a northbound SUV, causing both vehicles to burst into flame.  Current information indicates there was one fatality and the driver who crossed center was taken to the hospital for injuries.  Troopers said two other vehicles, a tractor-trailer and Chevy Malibu, were struck in the accident but their drivers were not injured.  More information will become available as state police release the findings of their investigation.  Every possibility for the loss of control will be investigated including medical conditions of the driver and mechanical failure of the vehicle.

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Original story:  A young woman was headed north on Monday, June 17, 2013, when her 1997 Ford Explorer suddenly crossed the median and crashed into a Jeep which was headed south on  I-79 near Morgantown, WV. She was removed from her burning car by a passerby but was found dead at the scene.  Mechanical failure and medical conditions are being investigated to determine a possible cause for the vehicle crossing the median.

Five others, including three children, were injured in the southbound vehicle, a 2006 Jeep, in the crash that occurred at about 12:45 p.m. in the southbound lanes of I-79 near the Westover, WV exit.

Four of the five injured in the Jeep were taken to Ruby Memorial Hospital by Mon EMS, and one child was flown by helicopter.

Eyewitnesses said the Ford Explorer burst into flames almost immediately, but State Police Sgt. J.P. Branham reported the driver of the Ford did not die from the fire. She was the only person in that vehicle. Several people stopped to help.

Traffic was backed up for miles while the southbound lane of I-79 was shut down for hours during the rescue, investigation, and cleanup efforts after this fiery, tragic crash.  In addition to the vehicle debris, clothes from the Jeep were strewn all over the interstate.

The names and conditions of the Jeep’s passengers were not available Monday afternoon. At the scene, all of the people in the southbound Jeep were alive, though badly injured.

Ford Recalls 390,000 Vehicles for Gas Tank Fire Potential

Though the impact of the crash certainly led to this fire, it is interesting to note that as of June 3, 2013, Ford has recalled nearly 390,000 vehicles in the U.S. for a potential fuel tank leak that could result in a fire.

The automaker said the recall affects the Ford Explorer, Taurus, Flex, Fusion, Interceptor Utility, Interceptor Sedan, and Lincoln MKS, MKT, and MKZ. All of the vehicles are from the 2013 model year.  The Explorer involved in this accident was a 1997 model, but if you have a 2013 Ford, you need to contact your dealership for possible recall on your vehicle.

At issue is a part within the gas tank that may fail and leak fuel onto the ground. If the spilled fuel catches a spark, a fire could occur. Ford said it is not aware of any fires, accidents, or injuries as a result of this defect.  The automaker has received 600 complaints as of March 31, said Ford spokeswoman Kelli Felker.

Robinette Legal Group, PLLC — Morgantown WV Injury 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.

Related posts:

Snow and Sleet Buildup on I-79 Cause Car Accident in Westover  — February 17, 2014.

Source:  The Dominion Post, “Woman Dies on I-79” by Brandy Brubaker, 6/18/2013, www.dominionpost.com

Three Deaths in same Motel Room within Two Months from Carbon Monoxide Poisoning

Carbon monoxide poisoning is emerging as the most likely cause of death of an 11-year-old boy and two elderly guests in the motel room almost two months apart in Boone NC.

Boone police said emergency responders found elevated levels of the gas in the Best Western room where the young boy died on Saturday.

Police say a preliminary post mortem found the boy died from asphyxia, which happens when toxic gases cut off oxygen to the body.

The boy’s mother was rushed to hospital and survived. She is in a stable condition.

An elderly couple was found dead in the same motel room on April 16.

Police said new toxicology results show that elderly couple also died of carbon monoxide poisoning.

The hotel on East King Street in Boone remains closed while investigators focus on the heating system for the pool.

The room where all three people died is above the pool.  The pool permit was suspended on March 16 after inspectors noted ventilation problems in the chemical and equipment room.  The pool had since reopened, but it could not confirm the problems had been fixed.

Duty to Protect from Carbon Monoxide Poisoning — Business and Home Owners

Unfortunately not every hotel or apartment is equipped with functional CO monitors — which means that unwary occupants are potentially exposed to this silent killer.  Hotel guests and tenants of apartments should not be required to wear personal monitors for these type of preventable exposures.  All owners of property, even home owners, should conduct annual inspections of their gas furnaces and hot water heaters that are fueled by natural gas, liquid propane gas or heating oil.  A certified heating and ventilation inspector should ensure that the furnace and water heaters are in good working order and properly vented.   Clogged chimneys and vent pipes often cause a backup of CO gas that eventually escapes to other areas of a dwelling.

What is Carbon Monoxide Poisoning?

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

West Virginia Carbon Monoxide Wrongful Death Attorneys

Hotel owners and landlords have the highest degree of responsibility to ensure that their facilities are safe for guests and tenants.  Inspections and proper maintenance of equipment and heating units and the installation and maintenance of detectors are common-sense preventative measures one would expect any building owner to have in place to prevent these senseless tragedies.

Robinette Legal Group has represented CO injury victims and the families of individuals who have died from CO exposure.  Jeff Robinette is a National Board Certified Trial Lawyer and has the experience to handle your carbon monoxide exposure case.  If you or a loved one has experienced the devastating effects of carbon monoxide poisoning , please contact us at the Robinette Legal Group, PLLC for help at http://www.robinettelaw.com or (304)594-1800.

 

Trailer Sway Main Cause of Recreational Vehicle (RV) Collisions on WV Highways

What is a Trailer Sway Collision?

Each year in West Virginia there are multiple highway collisions involving pull-behind recreational trailers that have flipped over due to high winds and  “trailer sway.”    Trailer sway (fishtailing) occurs when big tractor-trailers pass tow trailers on the interstate causing the trailer to oscillate or sway back and forth.  Unfortunately, in some cases, trailer sway has caused serious injuries and fatalities.   It is ironic that operators of those tractor-trailers must be specially trained, tested and licensed in order to operate on the highway, but the law allows a person with no experience at all to pull a 30-foot trailer alongside these large tractor-trailers.

Trailer Sway #1 Cause of RV Accidentstruck pulling rv

As far back as the 1960s, studies showed that persons towing trailers were four times more likely to crash than the average motorist.  Though there is government regulation regarding towing, what is surprising about this is that there are no federal testing requirements for trailer sway devices, so just about any invention can be touted as an anti-sway device.   How did this practice come about?   It is fairly clear that the lobbyists have influenced lawmakers to allow this practice.

The fact that it is legal to pull a large trailer down the road doesn’t mean that it is safe.  What makes trailer sway even more likely is the fact that many sales dealerships don’t always safely match the tow rating of the tow vehicle with the trailer to be towed.  Even when the salesman shows you the “book” that gives the tow rating for your vehicle, that doesn’t mean that your vehicle can safely pull the trailer involved because your vehicle has never been tested together with the trailer you are going to purchase.    So, you learn as you go and hope that you can get the hang of it without any problems.

Hazardous WV Roads and Highways

West Virginia interstate roads are not level and they often bank the wrong way around curves.   Most owners of recreational tow vehicles don’t have the training to react to trailer sway at interstate speeds.   Manufacturers of trailers nor the retail stores selling the trailers provide any training on how to pull trailers under “trailer sway” conditions.    So, the first time you encounter trailer sway could cause a serious problem.rv wreck

Tips for Controlling Trailer Sway:

  • Steady the steering wheel – sudden turns can cause more sway.
  • Gently apply the trailer brake to help reduce sway.  Too much, too quickly, and you will find yourself in more trouble than you started with.
  • Do not slam on the brakes – jackknifing could occur.
  • Do not attempt to steer out of a sway situation.
  • Do not increase speed – trailer sway increases with speed.
  • Do not tow a trailer that continues to sway.

WV Accident Lawyers — Protecting Your Rights

If you or a family member has been involved in a trailer sway collision, you will need an experienced lawyer to pursue your legal rights.     Remember, the manufacturer and sales company will have their legal team to argue that you caused your own collision by oversteering or improper braking.    You will need your own lawyer to look out for your rights, too.

Robinette Legal Group, PLLC — Morgantown Trailer and RV Accident Attorneys

If you or your loved one has been injured due to an RV or Trailer collision, 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 Robinette Legal Group, PLLC website:  https://www.robinettelaw.com

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Should I Salvage my Vehicle after a WV Car Accident?

What is Spoilation of Evidence in a WV Car Accident Injury Claim?

Many people don’t know that they have an obligation to preserve evidence that caused their personal injury claim.  If you discard evidence (called “spoliation”), you may be prohibited from asserting part or even all of your injury claim.   In auto injury claims, you have a duty to preserve the evidence that is under your control or ownership.   So, you may need to keep a wrecked vehicle in the same condition if the vehicle malfunctioned in any way that may have caused a collision.   You may otherwise want to keep the vehicle in its unrepaired state until you have consulted with legal counsel because once the vehicle is repaired or salvaged, you can’t go back and inspect the damages.   So, you should take lots of photos of your damaged vehicle at a minimum before sending the vehicle to salvage.Van Fire outside

Your insurance adjuster may be encouraging you to discard or salvage your vehicle before adequate pictures or inspections can be taken of the damage.  Keep in mind that the “little scuff” on the back bumper may actually be a huge dent in the metal bumper system behind the plastic bumper cover.   If you allow the vehicle to be salvaged and crushed, then you are stuck with these limitations in presenting your injury claim.

What can an injured person do to make sure that they don’t destroy key evidence for their injury claim?

Meeting your duty to preserve evidence that you own or control can be confusing.  This is yet another reason to engage experienced legal counsel early in the process to safely navigate all the pitfalls that may compromise your insurance claim.

Morgantown Car Accident Injury Lawyers

If you or your loved one has been injured due to someone’s careless conduct 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.Collision care 3d

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.

 

Is There a Difference Between a Collision and an Accident in WV?

Collision CareOne of the classic ways that insurance adjusters begin the process of defeating your claim is to label the wrongful conduct of their own insured driver as an accident.   They will attempt to gain sympathy for their insured driver and make the collision sound like just a little mistake — an accident.   While it is true that many minor collisions occur every day and cause no personal injuries to anyone, it is not accurate to say that all collisions are “accidents”.

When a significant auto collision occurs, causing serious personal injuries, it is self-evident that the person who caused the collision violated the motor vehicle safety laws and is thus guilty of careless, negligent conduct.

It is important to never refer to the conduct of the at-fault driver, who caused your serious injuries, as a mere mistake, or the auto collision as an accident.  If the collision was truly an “accident,” then the law may not hold anyone responsible.  The law requires that legal liability be established on the basis of fault, referred to as negligence.

 WV Uniform Crash Report Replaces Uniform Accident Report

 For many decades, law enforcement officers used the “Uniform Accident Report” form to annotate information about the auto collision.   Notice the word “Accident” in the title of the form?    Insurance companies and defense lawyers loved it!   During trials, the defense lawyer, the police officer, and even the judge referred to the collision as an accident.   So, what’s a jury to think about your claim if it was caused by an accident?  Well, I can tell you from experience — not much.

Recently, however, the use of a revised auto collision report form was mandated in West Virginia.   The change was primarily brought about because a new form had to be created to be integrated with computer software.    Irrespective of the reasons to get a new form in the system, every state, county and city police force must use the revised form: “State of West Virginia Uniform Traffic Crash Report.”   Did you notice the word “Crash” in the title of the report?  You can bet the insurance adjuster and defense lawyer noticed it.

So now, even police officers must recognize that they are investigating car “crashes,” not mere “accidents.”    But, old ways are hard to break, and it will take constant reminders to adjusters and even judges to refrain from referring to the police report as an “accident” report.

 Morgantown WV Collision Injury Lawyers

If you or your loved one has been injured due to someone’s careless, negligent conduct 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.

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.

 

Ambulance Driver Falls Asleep on the Job

Collision CareJan Care Accident Injures Three People in Doddridge County:  West Virginia State Police are investigating an ambulance crash that happened in Doddridge County on the night of May 20, 2013.  A Jan-Care ambulance crashed on Route 50 near Arnold’s Creek just after 11 p.m.   The ambulance driver told police that he 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.  One person was flown to Ruby Memorial Hospital.  There was one patient in the ambulance, according to 911 officials. The patient and another person in the ambulance were taken to United Hospital Center for treatment.

State police have not released the names of the people involved. Their injuries didn’t appear to be life threatening.

Drowsy Driving is one of the Leading Causes of Accidents on WV Highways

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.

Ambulance drivers are on call 24-7 — it is no wonder that the drivers are often driving while sleep deprived.  It is especically sad when an ambulance driver whose only intent is to save lives falls asleep at the wheel and causes injury.   This is the second major Jan Care accident in this area this year.  I am confident the Jan Care company will be revising policies or will at least have a new urgency in working to prevent future accidents that could injure their staff and the patients who have been trusted to their care.

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 — does not apply to ambulance drivers!
  • Avoid driving at times you would normally be asleep — also does not apply to ambulance drivers.
  • Avoid alcohol and medicines that cause drowsiness.
  • Caffeine can increase alertness for several hours, but you will still need adequate rest if you want to prevent fatigue related errors.

Warning Signs that it is time to pull over:

  • Difficulty focusing, frequent blinking, heavy eyelids.
  • Trouble keeping your head up.
  • Drifting onto rumble strips, swerving in your lane.
  • Inability to clearly remember the last few miles driven.
  • Missed exits or traffic signs.
  • Repeated yawning.
  • Feeling restless or irritable.

Robinette Legal Group, PLLC in Morgantown, WV. You may not have been able to avoid the collision that caused your injuries, but you can avoid the unnecessary pitfalls of dealing with the insurance adjusters who are motivated and trained to devalue your claim, if not destroy it altogether.

Call our office today for free books for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

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One Killed and One Injured by a Truck while changing a Tire on I-79

Collision CareA man was recently killed while changing a tire on the northbound shoulder of Interstate 79 near the Star City exit.  This man was struck and killed by a tractor-trailer and was found already deceased when the investigating trooper arrived on the scene.  A passenger was also struck by the passing truck but suffered minor injuries. The driver of the tractor-trailer was not physically injured by the impact, but surely is suffering as well.

Tire Changing Safety

If you get a flat tire and have no other choice but to change it yourself, it is essential that you do everything you can to make yourself visible to other drivers. Some drivers drive too close to the shoulder and may not see you in time to stop when they are traveling between 70 and 80 miles per hour.

• Turn on your hazard lights (emergency blinkers).
• If possible, keep rolling until you get to a straight stretch of highway so that you are not hidden to other drivers by a curve in the road.
• Pull off as far away from the highway as possible to keep yourself off the roadway as you are working to change the tire safely.

As fellow drivers, we have a continual responsibility to look out for others in distress. This fact makes it essential that we do everything possible to ensure that we are not distracted by anything while driving.

If You Were Injured in a Truck Accident

When you are suddenly involved in an auto collision causing you serious injuries, you will likely have plenty of questions about how the insurance claims process and court system work. In essence, you want to be informed so that you can be fairly compensated for your injuries.

You need to understand your legal rights to ensure that you are compensated fairly for the injuries you received due to someone else’s negligence. The Robinette Legal Group has made available Collision Care, a Guide for WV Accident Victims, free of charge for West Virginians and those injured in WV.

Collision Care will answer your important questions about how to enforce your legal rights against the persons responsible for causing your injuries; how to navigate through the complexities of the insurance claim process and legal court system; and how to avoid being taken advantage of by insurance adjusters and their team of defense lawyers who are determined to minimize your recovery for your auto injury claim.

Robinette Legal Group, PLLC — Morgantown Truck Accident Attorneys

If you or your loved one has been injured due to negligence or willful violation of safety regulations on the road, 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 Robinette Legal Group, PLLC website:  http://www.robinettelaw.com

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I’ve Been Involved in a Car Accident

Guest Blog by Adam Rosenblum, a personal injury lawyer who is admitted to practice in both New York and New Jersey. 

Car AccidentIf 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. 

Welcome to the WV Accident Blog by Jeffery Robinette. 

Author Bio 

Adam RosenblumAdam 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.

Gas Well Flash Fire in Tyler County, WV

Compressor-Fire-1-650x350Authorities are investigating the cause of an explosion at a gas well compression station site in Tyler County.  The Twin Hickories Road compression station explosion happened on Thursday, April 11, 2013 in Wick near Middlebourne.  The facility is owned by Marietta, Ohio based Eureka-Hunter.  Three people employed by third-party contractors suffered severe burns and were flown directly to the West Penn Burn Center in Pittsburgh.  A fourth employee was injured, but treated and released at a local hospital.

Later, Eureka officials corrected initial reports.  The senior vice president of Eureka Hunter clarified the reported explosion was a flash fire, and the location was a pig receiving station along the pipeline, not a compression station as first reported.  The “pig” is a device to clean out pipelines to remove accumulated liquids.  This particular line carried methane as well as natural gas liquids such as ethane, propane and butane from the wellhead.

At about 7 p.m. on April 11th, Tyler County 911 received a call from a Eureka Hunter employee of an explosion with storage tanks on fire and at least two people injured at the Twin Hickories Road compression station near Wick, W.Va.

Fire and emergency responders were sent to the scene along with the Tyler County Sheriff Deputies. According to a press release, fire units from Shirley, Alma, Middlebourne, Sistersville, as well as Saint Mary’s from Pleasants County and Paden City from Wetzel County, responded.

Two Tanks on Fire near Tyler County Compression Station

“When we arrived on scene we had a track-hoe on fire and two tanks were on fire,” said a member of the Middlebourne VFD. “This was not a well, this was a compressor station.”

It was reported the workers were using a new piece of equipment to “pig” the line. However, it’s unclear what caused the fire. The blaze was intense and rekindled several times due to the heat. He said firemen took more than an hour to get it out.  Early reports indicated the natural gas liquids in the tanks fueled the fire.  The fire remained above ground and did not progress to the underground pipelines.

“We went in and shut the valves off feeding the tanks. What was burning was what was in the tanks on top. It was very flammable,” he said. “It kept reigniting and burning off. We climbed on the tank, shut the lid, and put it out.”

West Virginia Gas Drilling Injury Lawyers – Robinette Legal Group, PLLC

The development of the Marcellus Shale oil and gas drilling in West Virginia provides many jobs to hard-working West Virginians.  West Virginia workers have a long-standing tradition of working hard in spite of dangerous and exhausting conditions.

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. If the cause of your injury was due to faulty equipment or a negligent contractor, you may be entitled to seek additional monetary compensation from that third party.

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 or visit our Robinette Legal Group, PLLC website:  http://www.robinettelaw.com

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Sources:

http://wvmetronews.com/three-burned-in-compressor-fire/  WV MetroNews, by Chris Lawrence, April 12, 2013

http://www.mariettatimes.com/page/content.detail/id/551182/-Flash-fire–in-Tyler-Co–investigated.html?nav=5002

OSHA Finds Management Failure led to Death at Blacksville No. 2 Mine

coal miner died, hat and glovesApril 11, 2013 update:  William E. Mock, 61, died in September at the Blacksville No. 2 coal mine in Monongalia County near Morgantown, WV.  Federal inspectors find death was in part due to a failure of management to ensure the safety of its employees.

Mock, a general inside laborer, was fatally injured when an 11-foot by 5-foot piece of mine roof fell onto him on Sept. 13, 2012. Mock and another employee, Doug Ice Jr., were removing a piece of the permanent roof supports when the accident occurred. The Mine Safety and Health Administration’s fatal accident report concluded that failure to install additional support before the primary support was removed caused the accident.

The roof fell with just 30 minutes remaining in Mock’s shift.

“The plank was cut approximately half-way when they determined it was taking the weight from the mine roof. Mock stopped cutting the board,” the report states. “A portion of a roof bolt supporting the board was exposed due to the sloughing of roof material. Mock and Ice decided to cut the roof bolt with a track bonder. To avoid being exposed to a flash from the bonder, Ice turned his back. When the bolt was burned through, there was a loud ‘pop,’ causing Ice to duck. When Ice turned back around, he saw Mock covered with a rock from the lower chest down.”

Ice attempted to remove the rock but was unable to do so, according to the report.

“When assistance arrived at the accident site, Mock was checked for vital signs, but none were detected,” the report states. ” … The Mon County EMS Service transported Mock to the Waynesburg Hospital, where he was pronounced dead upon arrival.”

CONSOL could not provide proof to MSHA that either Mock or Ice had received task training for removal of permanent roof support.

MSHA’s report says management failed to assure that persons removing the roof were located in a safe position, failed to examine the roof conditions prior to removal and failed to provide task training instructing the miners in appropriate procedures for removing the roof supports.

“Management personnel were not present when the accident occurred,” the report states. “No member of mine management was with Mock and Ice during the entire shift, including the removal of the load-bearing support.”

In its root cause analysis of the accident, MSHA determined that the “most basic causes of the accident” would have been correctable through “reasonable management controls.” The report says CONSOL has since taken corrective actions to ensure policies and safety instructions related to the causes of the incident.

CONSOL received eight citations in relation to the investigation of the fatality.

Source:  http://www.statejournal.com/story/21943312/managements-failure-noted-in-consol-miners-death, by Taylor Kuykendall, April 11, 2013.

Original Post:  A CONSOL Miner, William Edward Mock died on Thursday, September 13, 2012 after being seriously injured when he was struck by a large rock during a workplace accident along the track haulage at the Blacksville No. 2 mine.  According to the Dominion Post, the accident is under investigation and CONSOL is looking into what happened.

While the mine has a portal in West Virginia west of Blacksville, the bulk of the coal being mined is in Pennsylvania. The site of the accident will determine which state mine safety agency is involved.

CONSOL said it will provide updates on the accident as information becomes available and will work closely with federal and state mining officials to determine the cause of the incident.

West Virginia coal miners are among the hardest working professionals in America. Despite strong MSHA regulations, coal mining continues to be one of the most dangerous occupations in the world. Every year, miners are injured or killed because the coal operators continue to circumvent or violate safety laws for the protection of the miners.

If your loved one has been injured or killed while working in or near a coal mine in West Virginia, you are entitled to certain workers’ compensation benefits and other recoveries from the coal company for “deliberate intention” violations set forth in West Virginia law, Section 23-4-2. Moreover, you may also be entitled to seek a recovery for money damages from any third parties – like equipment manufacturers and subcontractors – that contributed to or caused your injuries.

Free Consultation · Contingency Fees · Don’t Lose Your Workers’ Comp Benefits

The Robinette Legal Group is recognized as one of the region’s most successful coal mining injury litigation firms. Our attorneys understand the regulations and we know how to look beneath the coal dust to find the true cause of the accident and the full extent of your injuries and financial damages that result. We work independently as your attorney or with your workers’ compensation lawyer to seek full and fair compensation from the insurance company that is liable for damages.

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads 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.

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