Some Things to Consider about Veterans:

Though my own military career is long behind me, I still reflect on the valuable lessons I learned while serving in the Army.   My commitment as a lawyer has been greatly enhanced through learning leadership as a young lieutenant in the 82nd Airborne Division and later as an officer in a Psychological Operations unit.  I want to salute my fellow veterans today for the sacrifices they make daily of their personal safety, comfort, and family life – all for us!

I would also like to share an article written by a young woman who is a disabled veteran trying to move on with her life after sacrificially serving in our military.   I trust her story will make all of us more sensitive and willing to look for opportunities to show exceptional kindness, appreciation, and sensitivity for those faithful men and women who have served and may be working to overcome life-long challenges resulting from that service.

From Amanda C., Disabled Army Veteran:

“As Veterans Day approaches, may I share a few guidelines that can be helpful when interacting with veterans or service members?

  • It is never OK to ask a veteran if he or she has killed someone or to joke about it. If we have, we can’t even talk about it with our spouses, much less a stranger.
  • When you thank us for our service or pay for our meal, it is really appreciated. We also appreciate packages and notes.
  • Please don’t tell us that wars are a waste of dollars or lives or were fought for oil. What we hear is that, in your opinion, our best friend died for nothing. We know many people disagree with war, but it’s better to keep your opinions to yourself.
  • Many of us now have PTSD. If you see us acting anxious or moving away from crowds, simple kindness or a little distraction will be appreciated. Talk to us about something interesting and give us some breathing room.
  • Please remember that 15 percent of those who serve in the military are women, and some have been in combat. It’s better to ask, “Are you a veteran?” rather than, “Was your husband a soldier?”
  • As with any person who has a disability, please do not stare at us. We can be sensitive about our scars or injuries and would prefer not to be asked to relive a difficult experience by being quizzed about what happened. Please also understand that war injuries today are very different than in the past and are often not visible. It is not OK to tell someone they “don’t look disabled.”
  • Those of us with disabilities appreciate light conversation and assistance if we look like we are in need.
    It was my pleasure to serve our country. — AMANDA C., U.S. ARMY DISABLED VETERAN”

Source:  The Dominion Post, November 8, 2012

Submitted by the Robinette Legal Group, PLLC:  Morgantown Personal Injury Attorneys.  Visit us at http://www.robinettelaw.com or call anytime 304-594-1800.

Settlements Offered for Wrongful Death and Injuries from All Good Festival

September 12, 2012:  Update on All Good Festival Wrongful Death Lawsuits:

A federal judge approved two lawsuit settlements reached in the death of a South Carolina woman last year at the All Good Music Festival.
The woman’s family will receive about $572,000 once fees and expenses are paid, court documents state.
U.S. District Judge Irene Keeley said Monday that the settlements Kim S. Miller, the woman’s father, reached with Clay Harlin Lewin, the man who hit her, and James Tobin and his security firm, Jim Tobin Productions, are fair and reasonable.

According to the Dominion Post, September 5, 2012, the father of a South Carolina woman killed at the last All Good Music Festival on Marvin’s Mountaintop wants to settle with several parties in a civil suit.  Kim S. Miller, of Mount Pleasant, S.C., filed suit against promoter Walther Productions and its principals, Tim Walther and Junipa Contento; against Marvin Huggins, owner of Marvin’s Mountain; and against several security firms, including Jim Tobin, owner of Tobin Productions.
In a motion filed in U.S. District Court in Clarksburg recently, Miller asked the court to approve “tentative policy limit settlements” with Walther, Huggins and Tobin.
The settlements were to be presented for court approval at a hearing in U.S. District Court in Clarksburg on Tuesday.  No amounts were disclosed in court documents, and Miller’s attorney, Will Early, said he could not comment on the proposed settlements.
Elizabeth Doran and Yen Ton were injured at the festival and Miller’s daughter, Nicole, was killed when a truck driven by Clay Harlin Lewin, of Virginia, ran over the tent in which they were sleeping.
Doran and Ton filed suits against the same parties Miller claims had a role in the incident that killed his daughter, who was 20. All three parties reached settlements with Lewin’s insurance company.
The company was to pay $300,000 to Nicole Miller’s estate, and $100,000 each to Doran and Ton.
Suits are still pending against Event Staffing Inc., of Virginia; National Event Services Inc., of New Hampshire and Axis Security Inc., of Tennessee.
There are also suits pending against individuals associated with some of the companies.

Source:  The Dominion Post, “Victim’s Dad asks Court for Approval,” by Michelle Wolford, September 6, 2012.

Settlements are on the table in three suits filed against a Virginia man in the death of one woman and the injury of two others at the 2011 All Good Music Festival.  According to documents filed in U.S. District Court in Clarksburg, attorneys for Clay Harlin Lewin, of Cape Charles, Va., have offered a settlement to Kim S. Miller, whose daughter, Nicole Faris Miller, was killed when Lewin’s truck ran over her tent. Offers are also on the table in suits filed by Yen Ton and Elizabeth Doran, who were injured at the same time on July 17, 2011.

Lewin’s insurance company, Virginia Farm Bureau Mutual Insurance Co., had coverage limits of $300,000 for each person and $500,000 for each accident, according to a letter filed in the court (more information on compensation at https://mesotheliomaexplained.com/compensation/mesothelioma-lawyer/ – for cancer-related health issues). The company offered $300,000 for Nicole Miller’s estate, and $100,000 each for Ton and Doran.  According to a letter included with court documents, Miller’s estate asked for $13.5 million; Ton for $3.7 million and Doran for $975,000.

Lewin acknowledged he lost control of his pickup but blames the parking and security agents who told him to park on a steep, grassy slope near tents and other vehicles.

They were there when he arrived, he says, but no one was present to guide him out when he tried to leave.

Lewin, of Cape Charles, is among about a dozen organizers, producers, promoters and corporations sued over the accident. The other cases remained on track for trials Monday.

Ton, Doran and Kim Miller are also suing: campground operator Marvin’s Mountaintop LLC; Maryland-based Walther Productions; California-based Tobin Productions; M&M Parking Inc. of Pennsylvania; and three security providers, Event Staffing Inc. of Virginia, National Event Services Inc. of New Hampshire, and Axis Security Inc. of Tennessee. Some principals of those companies are also being sued as individuals.  All have denied culpability, and most have filed counterclaims against each other.

What does the term “wrongful death” imply?  For more information about wrongful death and catastrophic injuries, please visit our website at http://www.robinettelaw.com

Fatal Truck Wreck on I-79


One person was killed in a crash Wednesday morning on I-79, near the Pennsylvania state line.

 According to a press release: A 2008 Ford F-350 Super Duty truck belonging to Energy Contractors LLC was headed north on I-79 when the driver lost control, near the 158 milepost. The truck went into the median and flipped several times, throwing out the driver and a passenger.

 The driver was pronounced dead at the scene; the passenger sustained minor injuries.

 A Weston man was identified as the victim of Wednesday’s fatal crash on Interstate 79.

The accident was reported to MECCA 911 at 6:28 a.m. The southbound lanes of I-79 were shut down for about an hour and a half, during which the Pennsylvania Department of Transportation routed traffic from the Mount Morris exit to U.S. 19.

According to its website, Energy Contractors provides a range of services for the oil and gas industry throughout the northeastern U.S. and the Appalachian basin.

If you have any questions regarding injuries from truck accidents, contact our office by calling 304-594-1800 or email Jeff at  jeff.robinette@robinettelaw.com. 

We answer questions like yours every day, and would be glad to give you the answers you need when navigating the insurance claim settlement process.

Injured In A Car Accident In West Virginia? Know Your Legal Rights!

Kingwood Car Accident
Morgantown WV car accident

Take a moment to reflect back on what happened at the instant of the collision, while your mind and body were still in the process of reacting to the traumatic event. Your initial thoughts most likely turned to immediate needs like assessing your own physical condition and, if possible, deciding whether to stay in the vehicle or get out of it. You may have called 911 to report the collision and requested emergency medical support. You may have even been able to check on the physical condition of the other persons involved in the collision. If you were coherent and realized some unsafe condition still existed, like your vehicle being in a dangerous position on the road, or you smelled gasoline, you may have felt that you needed to take additional steps to protect yourself and others from further injury.

Little consideration, if any, was probably given to how you thought others would view your immediate reactions to the collision and the actions you took immediately following the collision. All your actions or omissions (your failure to act) will have an effect on your ability to pursue your legal rights for full and fair compensation for your injuries.

West Virginia law provides that you have two years from the date of the auto collision to take legal action (i.e., file a lawsuit) against responsible individuals and companies, including insurance companies, to seek compensation for the damages (i.e., your injuries and losses) you sustained in the auto collision. If your child is injured in a collision, your child will have two years from the date of adulthood to file such a claim. Waiting until your child is an adult, however, creates a significant loss of evidence you will need to prove your child’s claim. For adults, if you do not file a lawsuit within the two-year statute of limitations period, your claim will be forever time-barred.

Two years may sound like a long time from now, but believe me, it is not when considering all the things that must be done to secure your legal rights against the responsible parties. Every day that you wait to seek legal counsel equates to a loss of opportunity to obtain full compensation for your injuries. In reality, it is the first 60 to 90 days following your auto collision that will make or break your case. It is within this shorter time period that necessary evidence and testimony must be secured, treatment rendered and medical opinions obtained.

If you wait until after this time period has passed, and you have not developed your claim properly, it will make the job of even a good lawyer very hard to obtain a full recovery for you. Worse yet, if you wait until close to the two-year statute of limitations period to consult with a lawyer, it is almost guaranteed that your claim will be compromised. It is somewhat like getting cancer diagnosed early — your chances of improvement are greater the earlier the diagnosis is made. So, don’t wait to get your legal claim diagnosed by a qualified lawyer.

In a typical auto injury case, the injured person is entitled to pursue compensation for their past and future pain and suffering, past and future medical bills, past and future lost wages, and their loss of enjoyment of life. If the injuries are very serious and diminish the relationship with a married spouse, loss of consortium (physical and emotional intimacy and services) damages may be awarded to the spouse for those losses they have sustained stemming from your injuries.

Finally, if the at-fault driver was intoxicated or was guilty of grossly negligent behavior, punitive damages may also be awarded in a court of law. With each category of damages, however, there are complex laws and trial court procedures that must be strictly followed in order to prove your injuries in a court of law.

If you are unrepresented, there will be no one to advise you on the law and to ensure that you have met all your legal obligations — any failure on your part to follow these strict rules will have an adverse impact on your auto injury claim. Remember, only those damages that can be proven in a court of law will be considered for compensation.

West Virginia Accident Lawyers:  We would be glad to personally answer your questions.

This information has been provided by the Robinette Legal Group, PLLC as a public service and does not in any way establish a lawyer/client relationship, but if we can be of any further assistance to you, it would be our pleasure to speak with you personally about your injury claim.  Visit us at the Robinette Legal Group, PLLC, West Virginia Injury Lawyers.

We provide free books to 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.  Call 304-594-1800 today.

 

Don’t Wreck Your Personal Injury Claim

Above all, be Honest!

The number one way to ruin your otherwise legitimate claim is to lie about anything that relates to your claim. The veracity, that is the truthfulness of your story of your injury, has to be ultimately believed by a jury, and if you lie about even a seemingly insignificant thing, you may not be believed about your injury.

As a true illustration, a client lied to the police about who was driving the vehicle to shield blame from the actual driver who wasn’t supposed to be driving. Irrespective of whether my client or her friend was the driver, it should not have mattered since the collision was caused by the driver of the other vehicle who ran a stop sign. The insurance company and defense lawyer used the lie to refute my client’s injury claims, even though her injuries were legitimate, permanent, and painful. Ultimately, the jury did not fully believe the magnitude of the client’s injuries because she had lied to the police.

If you are the type of person that doesn’t like this type of confrontation, you are going to feel nervous when the insurance adjuster calls to have a chat about your injury claim.  Sure, you want to tell the truth, but you also want to receive just compensation, and the questions that are asked make you feel uncomfortable (if not intimidated).  When it comes to giving information that will be scrutinized by the insurance adjuster and defense lawyer, guessing about information is not a good idea. You will be characterized as someone who just “makes up” information to fit their financial motives, or worse, you will be considered a liar.Car in snow in ditch

While lying is an act of commission, that is what you do say knowing it is untrue; concealing information is an act of omission, which is what you didn’t say knowing it to be true. Both are wrong and both will ruin your auto injury claim. Before you decide to discuss your case with the insurance adjuster you ought to give careful consideration to the difficulties you will face without legal counsel. It is easy to get confused and say the wrong thing when the insurance adjuster is firing questions at you and you feel the sense of urgency to answer each one, hoping your responses will satisfy the insurance adjuster. Take my word for it, the insurance adjuster is laying traps for you to fall into and will allow you to hang yourself if you are not very careful.

Don’t Exaggerate or Minimize Your Injuries

If you try to play your injuries down, like a lot of people do, you will not be taken seriously. And when your injuries don’t get better, you will be accused of being a malingerer (a person who fakes their injuries). But, on the other hand, if you exaggerate at all the symptoms of your injuries at the outset, you will be labeled as a faker or money-grubber. For instance, if you are losing quality sleep because of neck pain from the auto collision, you should not say that you haven’t slept a wink for two nights. You should say you have tried to sleep, but could not get restful sleep because of the neck pain. Because your symptoms change, sometimes day to day, it is not advisable to speak with an insurance adjuster early on after your auto collision. Of course, it is best to consult an attorney before you speak with an insurance adjuster.

When you visit the emergency room or medical express clinic for your injuries you are routinely given a form that tells you what is expected of you in treating your injuries. If you are prescribed medications it is expected that you will promptly go to a pharmacy and fill the prescription and take the medicine. If you don’t, you will not be taken seriously when you tell an adjuster or jury that you had pain. Likewise, if the physician instructs you to apply hot or cold compresses to your neck and stretch every day, and you don’t, others will minimize your injuries.

Many people work in pain, even with a lot of pain. I know many persons who have worked for years with chronic, constant pain. But early on in your assessment, if you attempt to do normal things in pain, you will be viewed as normal. Pain is invisible; nobody can see your pain. What they can see is how you respond to the pain. So if your conduct resembles that of a normal person, even though you are in pain, your injury will be minimized and so will your compensation.

Don’t Give a Recorded Statement or Sign Anything without Counsel

We have all watched the news programs that tell of the latest investigations or indictments for wrongdoing. Have you noticed how many times the newscaster stated that the accused or involved party was unavailable for comment, or they have no comment? Well, there’s a good reason for this – they don’t have all the information and they know that if they say something wrong, it will be used against them. I have previously explained the hidden dangers of giving a recorded statement to an insurance adjuster. There are times when giving a recorded statement to an adjuster may be in your best interest, but only an experienced lawyer will know when to do so.

When you are injured in an auto collision, which was not your fault, you are viewed in the eyes of the law as a victim. The insurance adjuster, however, doesn’t view you as a victim, but a claimant, a money-grubber (someone who is motivated to get something they don’t deserve). The more the insurance adjusters cheat you out of your recovery, the more applause and promotions they receive. When you are told that you won’t get any recovery until you sign a medical release, you feel like you don’t have any choice in the matter. But when you sign the medical release, an entire world of your personal information is given to the individual who looks on you as a money-grubber, and your records will be used to prove it. I have seen this scenario work out hundreds of times. The motivation of the insurance company to get your records is to disprove or minimize your claim. Additionally, all your medical history will be recorded on national insurance indexes that the insurance industry uses to defeat claims. You have to ask yourself whether giving the insurance adjuster access to all your medical records is necessary and wise.

Hire a Good Lawyer

There is a common saying in the practice of law, “Don’t hire yourself to act as your own lawyer.” The reason for this is that the client lacks objectivity. Objectivity means that you can analyze the law correctly and evaluate the facts of the case in a neutral way. That way you are not overlooking a key weakness in your case. I have known many who represented themselves, and even filed their own lawsuits, but in the end finally come around to the obvious need to have a professional oversee and handle their legal matters. If you had a common cold, you would likely go to the local grocery store and buy some cold medicine. But if you had a severe laceration on the leg, you wouldn’t likely stitch your leg. Many people try to represent themselves because they think it will be like treating a common cold. By the time they realize that a professional is needed, a lot of damage to their claim has already occurred.

By now you know that handling your own auto injury claim has significant challenges, and you decide to hire an Irvine lawyer (or the one based in your city). Keep in mind, though, not every lawyer who takes personal injury cases has the necessary experience to provide excellent representation. There are plenty of average lawyers who are looking for quick answers to solve their client’s complex problems, because they don’t have the experience and knowledge to answer their own questions. Hiring an inexperienced, but well-intended lawyer, to handle your case will be no substitute for an experienced lawyer with a thorough knowledge of auto injury law, and trials and appeals. And, if you expect to collect any money from the insurance company, you had better hire a lawyer that knows insurance law, too. Without question, having no lawyer is a worse mistake than hiring an inexperienced lawyer. But since you are wisely choosing to hire a lawyer, hire a good one.

Not Deciding is a Decision regarding your Injury Claim

Last, but not least, you will sabotage your claim if you remain undecided. This often resembles “doing nothing” about your claim. The problem is that “doing nothing” is actually “doing something” after all, but not the “something” that will help your case (source: Costa Ivone, LLC). While you wait week after week, month after month, the clock is ticking on the statute of limitations on your claim, witnesses vital to your claim are not interviewed and move out of the area.  Furthermore, evidence about the collision is destroyed, the police officer can’t remember the collision anymore, the time period when you are expected to seek treatment has passed, and a whole host of other negative things happen to your claim while you are making no decisions. So, as it turns out, waiting around for things to get better on their own actually worsens the situation. Many individuals, though, have difficulty taking the first step to meet with a lawyer. You’ll be glad you did.

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.  To learn more about car accident injuries or other injury claims, click here  or call our law office at 1-304-594-1800.

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Workplace Injuries: NFL Faces New Lawsuit By More Than 100 Ex-players For Football Related Brain Injuries

ATLANTA — More than 100 former NFL players have filed a federal lawsuit in Atlanta claiming that pro football didn’t properly protect its players from concussions.

The plaintiffs in the lawsuit include former Atlanta Falcon Jamal Anderson, ex-Georgia star Lindsey Scott and veteran quarterback Don Majkowski.

The lawsuit, filed Thursday in federal court in Georgia, claims the league failed to protect NFL players from brain injuries linked to footballrelated concussions.

They are among more than 1,000 former NFL players suing the league. The cases say not enough was done to inform players about the dangers of concussions in the past, and not enough is done to take care of them today.

The league has said any allegation that the league intentionally sought to mislead players is without merit.  AP

Robinette Legal Group, PLLC

Charleston Rental House Fire Kills Two Adults and Seven Children

Early Saturday, a quick-burning fire in a rental house caused the deaths of nine people, two adults and seven children.  This was one of the most horrific fires in the history of Charleston.  All of the victims likely died of smoke inhalation.

According to West Virginia MetroNews, Charleston Mayor Danny Jones and investigators say the fire moved quickly through the house on Arlington Ave. putting out a lot of smoke. Fire investigators were back at the house on Sunday working to determine the cause of the blaze. The investigation will continue on Monday.

A child, who initially survived the fire, died Sunday at a Charleston hospital when he was taken off life support. His death brings the death toll to nine.  All of the children were no older than eight years old.

Alisha Carter-Camp, also known as Lisa Carter, perished in the blaze at a two story house she rented with her sister Latasha Jones Isabell, 24, on Arlington Avenue in Charleston.

Isabell says she was outside smoking a cigarette at just after 3 a.m. Saturday morning when she noticed the blaze and ran to a neighbor’s house for help.

The fire killed Carter-Camp, her children, Keahna Camp, 8, and Jeremiah Camp, 3. It’s believed they were sleeping upstairs in the house. Another son, Bryan Timothy Camp, 7, was pulled out of the home by firefighters but died Sunday morning.

The blaze also killed Alex Seal, and his twin daughters, Kiki and Gigi, both 3.

Isabell’s two sons also were killed. They are identified as Elijah Scott, 3, and Emanuel Jones, 3.

“When the units came on the scene there was already a fire here. We had one adult female on the outside (Isabell) telling us there were people inside,” Charleston Assistant Fire Chief Bob Sharp said.

The first city fire crews were on the scene within two minutes, but the house was already full of flames and heavy smoke.

Arson Not Suspected in Charleston Fire:

Arson is not primarily suspected as a cause of this fire.  “We haven’t ruled it out. It doesn’t appear to be that way, but that doesn’t mean that it’s not,” Charleston Fire Dept. Lt. Ken Tyree said this weekend.

Sometimes the destruction caused by the flames makes it more difficult for investigators to find out how a particular fire began, but Lt. Tyree says he doesn’t believe that will be the case with this fire.

“It was a fast-burning fire. There’s a lot still intact so we feel confident we’ll be able to do well in the aspect of having an origin and hopefully a cause,” Tyree said.

The fire dept. was getting assistance from the state Fire Marshal’s Office and ATF. A specially trained dog was due on the scene Saturday evening.

Only One Smoke Detector in Rental House:

There were only two smoke detectors in the house. One was reportedly improperly installed under a cabinet and the other was not working.

A building inspector with the City of Charleston planned to inspect the house less than a month ago.

Mayor Danny Jones says the inspection was scheduled for Feb. 28 as part of routine inspections the office does at rental units. He says the inspector had permission from the owner of the Arlington Ave. house, Delores Shamblin. He says Alisha Carter-Camp, one of the adults who lived there, knew about it, but it didn’t happen.

“Had we been able to get in that day and had we seen the fact that they did not have the proper number of smoke detectors, we might have saved a lot of lives,” Jones said.

A criminal investigation is underway.  Landlords have a legal and moral duty to their tenants to maintain a safe living environment in their rental homes.  City code requires rentals to have smoke detectors in every bedroom and in hallways close to bedrooms.

Morgantown Residents Take Note:

Morgantown residents and students need to take note of the horrific destruction and loss of life that can result from fire.  Morgantown police and fire departments reported over 35 intentionally-set street and dumpster fires over St. Patrick’s Day weekend, and three additional fires set last week.  As we see in the case of the Charleston house fire, just one out-of-control fire can cause unimaginable destruction and devastation.

Lt. Tyree of the Charleston Fire Department says there’s a tragic lesson to be learned from the blaze in Charleston. He says residents need to do all they can to prevent a fire.

For more information regarding this fire, please visit http://www.wvmetronews.com.  For information regarding another tragic Charleston wrongful death incident that could have been avoided through use of working detectors, see our previous blog about the carbon monoxide deaths at a Charleston hotel.

Cars of the Future at L.A. Auto Show – New Car Accident Prevention Safety Features

New Cadillac Features Accident Prevention TechnologyAt this year’s L.A. Auto Show, carmakers highlighted safety features that focus on preventing accidents rather than merely surviving them.

Warning indicators for blind spots and rearview cameras have become common, but many manufacturers are taking the technologies a step further.

The additional features act on the safety warnings when a driver fails to do so, said Jeremy Anwyl, chief executive of online auto research firm Edmunds Inc.

“I think they are too easy to ignore,” he said of the warnings. “If your car has a whole series of these different lights flashing and buzzers, it is too much to process in a panic moment.”

Lane Departure Prevention – Cars that Self-Correct Driver Errors:

Infiniti presented one solution with its Infiniti JX, unveiled last week at the auto show. The JX boasts the world’s first backup collision intervention technology. Like existing backup sensors, the system beeps if it detects potential obstacles while the vehicle is in reverse. But now, if the driver does not respond, the system automatically brakes to prevent a collision.

“We initiated this technology in the industry,” said Kyle Bazemore, senior manager of Infiniti product communications. He said Infiniti also pioneered other proactive safety systems.

“We were the first to have lane-departure prevention — if you’re drifting out of your lane, it’ll automatically nudge you back in,” he said. “Also blind-spot intervention — if you move with something in your blind spot it also nudges you back.”

Inflatable Seat Belts and Virtual Bumper Systems:

The new Ford Explorer on display at the auto show also integrates lane-departure technology. In addition, the Explorer features inflatable seat belts — a first in the industry — designed to reduce chest and neck injuries. Other safety options include blind-spot warnings and an automatic parallel-parking system.

“In the industry, the technologies are all already there,” said Cadillac spokesman David Caldwell. “The difference is what you tell these systems to do.”

One way Cadillac’s new XTS adopted these technologies is with its virtual bumper feature.

“For example, in a dark, low-speed place, like a parking garage with columns and pillars,” Caldwell said, “if you’re about to hit something, behind you or in front of you, the virtual bumper will alert the driver and apply full braking up to 25 mph.”

The XTS also offers a collision mitigation braking system that, simply put, understands and interprets the pressure the driver applies to the brake. So if the system feels a panicked stomp, the electronic brakes will intervene and help avoid nearby objects detected by sensors placed around the car.

Increased Air Bag Protection:

The new Scion iQ, the world’s smallest four-seater, has the most airbags in the industry, according to a spokeswoman at the carmaker’s auto show exhibit. The iQadded a rear-window airbag, an industry first, totaling 11 for the compact car.

The Cadillac XTS also added an airbag between the driver and front passenger seat, giving the vehicle a total of 10 airbags.

“It’s about as many as you can add without turning it into a pillow,” Caldwell said.

Airbags aside, Volvo spokesman James Hope summed up what safety means for future cars: “It’s the whole idea of intuitive technology.”

Pedestrian, Animal, and Bicycle Detection Features:

Four U.S. Volvo models currently offer an active pedestrian detection system. The vehicle automatically brakes if the driver does not react to pedestrians detected by the radar. The car fully brakes up to 25 mph.

“What’s coming in the near future for Volvo, we’re talking 2014, is animal detection,” Hope said. “In Sweden, for example, there’s a big problem with elk and moose. The full weight of this animal coming through the windshield can kill occupants.”

The new Cadillac XTS has sensors and cameras that can also detect if cyclists or pedestrians are approaching from the side. The system alerts the driver of this side traffic by vibrating the seat cushion on the corresponding side.

What’s Next?  Cars that Communicate with Each Other for Accident Prevention:

What else is next? Anwyl said there eventually would be technology that enables cars to adapt to surrounding vehicles and prevent potential collisions.

“Cars will be able to communicate so each car knows what to do,” he said. “The technology is here. It’s just a few years off.”

Volvo is among the automakers already thinking in that direction. It’s working on a concept it calls “platooning,” Hope said.

“You have the lead car, and the car behind it drives to the tune of the car ahead,” he said. “This increases efficiency and safety — cars can drive closer together safely.”

The Cadillac XTS already offers a speed-range adaptive cruise control, enabling drivers to set a following distance from the car in front of them. Caldwell said this was a useful bonus for Angelenos driving on crowded freeways in stop-and-go traffic.

“This kind of technology is hugely useful because it doesn’t require that you pay full attention,” Anwyl said. “We are right at the beginning of what I think is going to be a huge wave of these features and it’s really all based on advanced technologies. Computers, processors are all getting to the point now where they can handle a vast amount of information and turn that information around.”

“In the end, it’s about helping the driver see better,” Caldwell said. “We don’t want to take over the driver, but we do want to assist the driver.”

Source:  Rosanna Xia, Los Angeles Times:  rosanna.xia@latimes.com

If you have been injured in a car accident and you need answers, please visit http://www.robinettelaw.com or call one of our accident lawyers at (304)594-1800 today.

Update on Texting Bill

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.

First Energy Found to be at Fault in Death of Employee

In September of 2011, 63-year-old Rivesville man was killed in a workplace accident at the FirstEnergy Harrison Power Station near Lumberport.  The Occupational Safety and Health Administration (OSHA) ruled the plant’s owner, First Energy, is at fault in the death of one of its employees.

OSHA ruled he died by getting crushed between a moving platform of a Rotary Plow Feeder and a standing guardrail. According to OSHA’s report, First Energy allowed employees to work in an environment where the equipment could cause several fatal injuries.

Officials said First Energy contested the ruling and is now pursuing a settlement with OSHA. (WBOY.com)

A bulk handling operations technician was trapped between a piece of machinery and a guardrail in the coal handling area near 12:30 p.m.  Ned Johnson had worked for FirstEnergy for twenty-five years and for the Harrison Power Station for two years.  This area was closed by the company after the accident.

Although at least three other FirstEnergy employees in Ohio and Pennsylvania have been killed on the job in the last six months, FirstEnergy’s Harrison Power Station is part of a labor department program meant to allow work sites with good safety records to avoid routine Occupational Safety and Health Administration inspections.  This program has been criticized by workplace safety advocates and congressional auditors.  The Harrison Power Station has not been inspected for more than a decade according to the U.S. Department of Labor.  The Harrison Power Plant was last inspected in July of 2000 and cited with two minor violations.

Operators of heavy construction and industrial equipment face some of the most dangerous work conditions in America. When a piece of equipment fails, bringing a machine that can weigh multiple tons or more to an emergency stop is often impossible. Operators behind the wheel or working near the equipment are at the mercy of unstoppable mass and energy.

For more information about workplace accidents  please visit us at http://www.robinettelaw.com or call 304-594-1800

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