Tag: Morgantown accident lawyer

Teen Banned From Driving For Life

On By Jeffery RobinetteIn Car Accidents, DUI AccidentsLeave a comment

A Rhode Island judge wanted to send a clear message to young people that he will not tolerate drunk and reckless driving in his home state.  Chief Magistrate William Guglietta of the Rhode Island Traffic Tribunal has handed out the harshest possible sentence to a 17-year-old after he crashed into a tree while DUI last October.  The driver and three teenage passengers were fortunate to escape with their lives, but a 16-year-old male passenger was in a coma for weeks following the accident.  All four teens had been drinking alcohol at a party just before the wreck.

The judge poured over photos of the wreckage before handing out the sentence that the driver of the car is banned from driving in the State of Rhode Island for the rest of his life.  Judge Gugietta told news station KABC, “If you are going to drive dangerously in Rhode Island and you’re a young person, this court is going to respond accordingly.  The law in this case allows this court to impose that penalty.  If they think more stringent penalties are important for drunk driving, then I’m assuming at some point in time, those issues will be raised with the legislature.”

In addition to the DUI charge, the 17-year-old driver pled no contest to speeding, violating seat belt laws, and illegal passing.  Charges concerning violation of a graduated driver’s license, of having more passengers than allowed, being out past curfew, leaving the lane of travel, and failure to maintain control of the vehicle were dropped.

For information about obtaining legal help after having been a victim of someone else’s recklessness or inattention while driving, visit us at http://www.robinettelaw.com or call our car accident lawyers at 304-594-1800 for help today.

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One Text or Call Could Wreck it All

On By Jeffery RobinetteIn Car Accidents, Distracted Driving1 Comment

The West Virginia Texting Bill that passed the Senate earlier this month is now in the House. The legislation makes it illegal to text or talk on a hand-held cell phone while driving. The Senate bill makes it a primary offense. The House has yet to decide.   All distractions endanger driver, passenger, and bystander safety.  The National Safety Council has designated April 1-30, 2012 as National Distracted Driving Awareness Month in a concentrated effort to educate the public of the dangers of any distractions that impair driving.

Update:  The texting bill passed in WV, and it is now a primary offense if you are caught texting while driving.

The Senate sent the texting bill to the House with texting as a primary offense and talking on a hand-held cell phone a secondary offense.  The WV House voted to make both texting and use of a hand-held cell phone primary offenses with $100, $200, and $500 fines.  In conference committee Saturday evening, the three senators suggested a compromise phasing in the hand-held provision as a primary offense after two years.  The House responded that if the Senate would agree to a one year phase in, they would agree to lower the fines to $100, $200, and $300 for first and subsequent offenses.  When the bill goes to the governor, texting will be a primary offense as of July 1, 2012 and use of a hand-held phone a secondary offense.  Use of a hand-held phone will become a primary offense on July 1, 2013.  Though the governor’s original bill made both offenses secondary, the governor has said he supports the bill as it is and praises it as a measure to make West Virginia roads safer.

According to a United States Government program called Distraction.gov, distracted driving is any activity that could divert a person’s attention away from the primary task of driving.

These types of distractions include:

  • Texting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction.

The best way to end distracted driving is to educate all Americans about the danger it poses. On this page, you’ll find facts and statistics that are powerfully persuasive. If you don’t already think distracted driving is a safety problem, please take a moment to learn more. And, as with everything on Distraction.gov, please share these facts with others. Together, we can help save lives..

Key Facts and Statistics

  • In 2009, 5,474 people were killed in crashes involving driver distraction, and an estimated 448,000 were injured. (NHTSA)
  • 16% of fatal crashes in 2009 involved reports of distracted driving. (NHTSA)
  • 20% of injury crashes in 2009 involved reports of distracted driving. (NHTSA)
  • In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009. (CTIA)
  • Teen drivers are more likely than other age groups to be involved in a fatal crash where distraction is reported. In 2009, 16% of teen drivers involved in a fatal crash were reported to have been distracted. (NHTSA)
  • 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger. (Pew)
  • Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves. (Monash University)
  • Text messaging creates a crash risk 23 times worse than driving while not distracted. (VTTI)
  • Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind. (VTTI)
  • Headset cell phone use is not substantially safer than hand-held use. (VTTI)
  • Using a cell phone while driving – whether it’s hand-held or hands-free delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (University of Utah)
  • Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%. (Carnegie Mellon)
 

Chart from NegligentDriving.com

Robinette Legal Group, PLLC: We’re here to help.

If we can be of any further assistance to you, it would be our pleasure to speak with you personally about your injury claim. You may reach us at http://www.robinettelaw.com and http://www.robinettelaw.com/Car-Accident-Injuries/ or call our law office at 1-304-594-1800.

Additional information from a community outreach sponsored by Verizon Wireless which seeks to educate the public and support legislation and new technological solutions for driving responsibly:  http://aboutus.verizonwireless.com/commitment/safety_security/dont_text_and_drive/

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Pickup Truck Driver Killed in Head on Collision with a Coal Truck

On By Jeffery RobinetteIn Car Accidents, Distracted DrivingLeave a comment

A Blacksville, WV man was killed in a collision with a coal truck in  Monongalia County when his pickup truck crossed the center line on the Mason Dixon bridge.  West Virginia Highway 7 was closed for several hours as emergency crews responded to the truck accident.  The driver of the coal truck, who was hauling coal from the Blacksville No. 2 mine to Longview Power Plant, is in good physical condition.  The cause of the fatal driving error is not yet known.

The National Safety Council has designated April 1-30, 2012 as Distracted Driving Awareness Month.  For more information, see blog “One Text or Call Could Wreck it All.”

Robinette Legal Group, PLLC: We’re here to help.

If we can be of any further assistance to you, it would be our pleasure to speak with you personally about injury claims. You may reach us at http://www.robinettelaw.com and http://www.robinettelaw.com/Car-Accident-Injuries/ or call our law office at 1-304-594-1800.

Carbon Monoxide Poisoning: New Legislation Needed in West Virginia

On By Jeffery RobinetteIn Carbon Monoxide Poisoning, Community SafetyLeave a comment

Should Carbon Monoxide Detectors Be Required in all Hotels, Businesses, and Rental Housing Units?

A task force met in Kanawha County, WV on Friday, February 3rd.  Representatives from the health department, fire department, and emergency services, and code enforcement met to discuss how to prevent such deaths and poisonings from occurring in the future.

Approval by the state legislature is needed to enact an ordinance requiring carbon monoxide detectors in public buildings.  This could take a year or more, so for now, the best that can be done is to educate the public and business owners about the dangers of carbon monoxide poisoning.

The task force plans to meet again Tuesday and have invited leaders from the State Fire Marshall’s office and hospital representatives.

A Rhode Island man died in his sleep on Tuesday, January 31, 2012, when his hotel room at the Holiday Inn and Suites in South Charleston, WV filled with carbon monoxide.  Another man is still in critical condition, and at least a dozen more guests are being treated for carbon monoxide poisoning.

A swimming pool heater at the hotel was the source of the deadly carbon monoxide leak.  The heater pump was fed by a pipe that went all the way through the building.  The hotel had no carbon monoxide detectors.

Carbon Monoxide:  the Silent Killer

Often called “the silent killer,” Carbon monoxide (CO) 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.  A sleeping or intoxicated person may not experience symptoms before they 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.  Young children are especially vulnerable to the effects of carbon monoxide and may show symptoms sooner than a healthy adult. Because of their smaller bodies, children process CO differently than adults and may be more severely affected by it.

Recent Carbon Monoxide Poisoning Cases

Carbon monoxide poisoning happens in hotels, rental units, and businesses every year.  Between 1989 and 2004, 68 incidents of CO poisoning occurring at hotels, motels, and resorts were identified, resulting in 772 accidentally poisoned: 711 guests, 41 employees or owners, and 20 rescue personnel. Of those poisoned, 27 died.

The following are some of the most recent cases of carbon monoxide poisoning:

  • January 26, 2012:  A leak from a forklift Thursday led to 13 employees at Chippewa Bi Products in Wisconsin being sent to the hospital for carbon monoxide poisoning.  Propane forklifts were being used in the Chippewa Bi Products building where the employees got ill, and authorities believe one of the forklifts had a mechanical problem and released the toxic carbon monoxide fumes.  Chippewa Bi Products said that it has carbon monoxide detectors, and that one did go off at the time of the incident.
  • January 3, 2012:  A Target store in Keene, N.H., had to be evacuated Tuesday due to high levels of carbon monoxide, and 17 employees were taken to local hospitals.  The source of the carbon monoxide was a gas-powered cutting machine that was in the Target in the morning cutting out pieces of its concrete floor as part of a renovation, according to the Keene Sentinel. Fire authorities believe that the store wasn’t properly ventilated when that work was done, or when workers took out the concrete slabs with a tractor.
  • December 30, 2011:  The Hilton Garden Inn in Green Bay, Wisconsin had a carbon monoxide leak that led to about 16 people going to the hospital. There was no mention in the report of whether the hotel had carbon monoxide detectors as required by Wisconsin state law.  High levels of carbon monoxide were found in a swimming pool area, a workout room, a mechanical room, a stairway and several restrooms.
  • September 20, 2011:  In Morgantown, WV one person was killed and several others hospitalized after carbon monoxide poisoning occurred in the home they were renting.
  • July 25, 2011: Twelve people staying at a Norman, Oklahoma hotel were taken to the hospital after breathing toxic levels of carbon monoxide.  Firefighters arrived at the Sooner Legends Inn and Suites after a 3-year-old child became ill and was taken to the hospital. The firefighters detected carbon monoxide and evacuated the hotel.  The cause of the carbon monoxide leak was determined to be from a damaged, leaking ventilation pipe running from the boiler to the roof.

Business Owners Are Responsible to Prevent Carbon Monoxide Poisoning

Hotel owners and landlords have a heightened 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.  Unfortunately, West Virginia does not require all hotels and rental homes to have carbon monoxide detectors.  Further legislation is needed to ensure that employees, guests, patrons and renters are kept safe from carbon monoxide poisoning which often results in catastrophic injuries and deaths.

Update: 

On April 5, 2012, Gov. Earl Ray Tomblin signed Senate Bill 597.  The bill, effective Sept. 1, requires carbon monoxide detectors to be installed in all hotels, motels, apartment buildings, boarding houses, dormitories, long-term care facilities, adult or child care facilities, assisted living facilities, along with one- and two-family dwellings intended to be rented or leased.  The family of the carbon monoxide victim who died in a Charleston, WV hotel earlier in 2012 was present at the signing and expressed gratitude that the state of West Virginia has taken measures to prevent other families from experiencing this same sorrow in the future.

If you or  loved one has been a victim of carbon monoxide poisoning, please contact us the Robinette Legal Group, PLLC at http://www.robinettelaw.com

 

Carbon Monoxide Leak Kills Hotel Guest in South Charleston, WV; Injures at Least a Dozen More

On By Jeffery RobinetteIn Carbon Monoxide Poisoning, Community Safety, Uncategorized2 Comments

A Rhode Island man died in his sleep on Tuesday, January 31, 2012, when his hotel room at the Holiday Inn and Suites in South Charleston, WV filled with carbon monoxide.  Another man is still in critical condition, and at least a dozen more guests are being treated for carbon monoxide poisoning.

A  swimming pool heater at the hotel was the source of the deadly carbon monoxide leak.  The heater pump was fed by a pipe that went all the way through the building – that is why one should choose the professional equippment only (learn specific details at Poolheaterworld.com).  The hotel had no carbon monoxide detectors.

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.

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.

If you or a loved one has experienced the devastating effects of carbon monoxide poisoning due to someone else’s negligence, please contact us at the Robinette Legal Group, PLLC for help at http://www.robinettelaw.com or (304)594-1800.

Texting While Driving Four Times More Dangerous Than Drunk Driving

On By Jeffery RobinetteIn Car Accidents, Distracted DrivingLeave a comment

A bill that would outlaw texting and using a hand-held cell phone while driving was passed unanimously by the West Virginia Senate Judiciary Committee.  Texting while driving would now be a primary offense.  Using a hand-held cell phone would still be a secondary offense.  A person who texts while driving is twenty-three times more likely to be involved in an accident.

The West Virginia Trucking Association also supports the bill.  Truckers  are already prohibited from texting or talking on hand-held phones while driving.

Texting while driving is a dangerous epidemic on America’s roadways. In 2009 alone, nearly 5,500 people were killed and 450,000 more were injured in distracted driving crashes.

The Senate bill sets the fines at $50 for the first offense; $100 for the second offense, and $200 for each subsequent offense.  Drivers would be penalized three points for a third texting offense.

Governor Tomblin supports the bill.  The bill will now go to the full Senate, and a similar version is being considered in the House.

Drivers Involved in Fatal Crashes by Age and Vehicle Type, 2009

Total Drivers

 

Distracted Drivers

 

Drivers With Cell Phone*

(% of Distracted Drivers)

 
Total 

45,230

 

5,084 (11%)

 

1,006 (20%)

 

Drivers by Age Group

 
Under 20 

3,967

 

619 (16%)

 

138 (22%)

 
20-29 

10,719

 

1,378 (13%)

 

293 (21%)

 
30-39 

7,633

 

832 (11%)

 

196 (24%)

 
40-49 

7,930

 

811 (10%)

 

161 (20%)

 
50-59 

6,559

 

631 (10%)

 

124 (20%)

 
60-69 

3,968

 

367 (9%)

 

56 (15%)

 
70+ 

3,778

 

408 (11%)

 

37 (9%)

 

Drivers by Vehicle Type

 
Passenger Car 

18,279

 

2,044 (11%)

 

386 (19%)

 
Light Truck 

17,822

 

2,117 (12%)

 

475 (22%)

 
Motorcycle 

4,593

 

562 (12%)

 

63 (11%)

 
Large Truck 

3,187

 

257 (8%)

 

75 (29%)

 
Bus 

221

 

14 (6%)

 

3 (21%)

 
 

 

Common Shoulder Injuries after an Accident

On By Jeffery RobinetteIn Car Accidents, Motorcycle Accidents and Safety, Work Injuries3 Comments

Was your shoulder hurt in an accident in West Virginia (WV)?

Many people suffer from shoulder pain either immediately or shortly after a car wreck, motorcycle, or bike accident, slip and fall, or after having been hurt in a work accident.  The severe trauma to the shoulder joint caused the by impact of an accident can result in several different types of shoulder injuries.

Human Shoulder PainThe shoulder is a ball-and-socket joint with three main bones: the upper arm bone (humerus), collarbone and shoulder blade (scapula). These bones are held together by muscles, tendons, and ligaments. The shoulder joint has the greatest range of motion of any joint in the body. Because of this mobility, the shoulder is more likely to be injured, especially the  acromioclavicular (AC) joint, which lays over the top of the shoulder.

What you don’t know can hurt you. Click here to receive the information you need before signing away your rights to compensation: 7 Facts You Need to Know about WV Injury Claims.

Common shoulder injuries you may experience after an accident

  • Rotator cuff tear:  the most common shoulder injury after an accident is a stretching, tear, or rip in the tendons and ligaments in the shoulder joint. The shoulder has three separate joints, and any of these joints can be separated, causing extreme pain and loss of movement.
  • Fractured bone
  • Bruises
  • Strains and sprains
  • Frozen shoulder

Common symptoms of a shoulder injury

  • Painfully tender, a stiff shoulder that hurts more at night and may interrupt sleeping
  • Tingling, numbness, weakness, or swelling in the shoulder
  • Shoulder pain in a specific spot that may worsen with exertion
  • Difficulty moving the arm in any direction without pain
  • Sudden, intense pain in the shoulder area
  • Pale, blue or otherwise discolored shoulder area

click here for free report buttonWhat type of treatment will I need for a shoulder injury?

  • If you suspect a broken bone or tear resulting from your accident, seek medical care immediately.  Do not move the shoulder; stabilize its position.
  • Shoulder injuries can be accurately diagnosed by an orthopedic doctor through tests such as x-rays, CAT scans, MRIs, and clinical evaluation.
  • The remedy may be as simple as the use of a sling to immobilize your arm and rest your shoulder to promote healing and reduce pain.
  • Elevation, compression, and ice may also aid healing.
  • A torn muscle or ligament or tendon may require prompt surgery, so early diagnosis is essential for maximizing your recovery.
  • Pain can be coming from somewhere else in your body (referred shoulder pain), so accurate, as well as early, diagnosis is essential.
  • Physical therapy
  • Surgery

Frozen Shoulder

A frozen shoulder usually begins when injury or overuse causes pain that, in turn, limits the shoulder’s range of motion. Common conditions that cause pain in the shoulder are bursitis or a tear in the rotator cuff.

If you don’t move your shoulder much at all for many weeks, the tissue surrounding the shoulder joint thickens and shrinks. It loses its ability to stretch. When you try to move it even a little, it hurts. So to avoid the pain, you move the shoulder even less. As a result, the joint capsule stiffens even further. It’s a vicious cycle.

A frozen shoulder can take months to develop.  The cornerstone of treatment is physical therapy. At first, you’ll concentrate on exercises that stretch the joint capsule. Then you’ll move on to strengthening exercises.

Full recovery can take several months or even longer. If you don’t improve steadily, go back to your doctor or consult a shoulder expert. In rare cases, a frozen shoulder that doesn’t respond to the treatments I’ve discussed may require surgery.

Collision Care Ebook adIt wasn’t my fault — how am I going to pay for treatment? 

If a combination of home treatment and physical therapy does not help your shoulder injury, shoulder surgery may be required.  Surgery is not only expensive, but will require recovery time away from your workplace, limitations on your daily activities, and time and money spent on physical therapy and doctor’s visits.  If your shoulder has been injured due to someone else’s carelessness or negligence, please contact our office for a free consultation to determine the best course for obtaining the financial resources needed to pay for your treatment and lost wages.

Submitted by the Robinette Legal Group, PLLC, West Virginia Workplace Injury/Wrongful Death Lawyers. Call us today:  304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide or Collision Care:  WV Auto Collision Injury Guide.  These books will answer your questions concerning negotiations with the insurance companies.

Visit our website or call today for more information: 1-304-594-1800.

West Virginia Car Crash? Don’t self-diagnose injuries – get a doctor’s opinion.

On By Jeffery RobinetteIn Car Accidents2 Comments

If you have been involved in a serious car crash, it is important that you follow the advice of the EMS personnel and get immediate medical attention, even if you aren’t certain you have been injured.

After an accident, many auto accident victims make the mistake of trying to minimize the ordeal they have just experienced.  The attention a car accident generates can be embarrassing as well as traumatic.  Many people just want to go to the comfort of home as quickly as possible rather than continuing this major interruption to their life by spending four hours or more at an emergency room.

If you were involved in a car accident and initially refused medical evaluation and treatment, you may be surprised by symptoms showing up later.  Adrenaline can mask physical symptoms in the minutes following an accident, and some injuries such as back pain and head trauma don’t reveal themselves until hours or days later.

A thorough medical evaluation can diagnose and treat internal injuries that could save your life, and early treatment could improve your chance of a full recovery.  Having a doctor’s evaluation of the car accident’s impact on your overall health will also assist you in knowing whether you need to file an insurance claim for damages, future treatment, and lost wages.

Even if you refused medical treatment immediately after your car accident, and you discover injuries days or weeks after the crash, you could still have a personal injury case.  Please contact Morgantown car accident lawyers at the Robinette Legal Group to learn more.