Tag: motorcycle accident

Motorcycle Fatality on I-79

On By Jeffery RobinetteIn Motorcycle Accidents and SafetyLeave a comment

A motorcycle crash on Interstate 79 on August 30, 2013 was the cause of death of a man from Clarksville, Tennesee.  The man was traveling south about two miles from the Goshen Road exit, when his motorcycle went into the median. He was thrown several feet from the motorcycle and landed in I-79’s northbound lanes and was pronounced dead at the scene.   Sheriff deputies said the driver was killed in the crash after he lost control of his motorcycle.  The reason why he lost control is still being investigated by local police and accident reconstructionists.  Often, the actions of other drivers on the road can force a motorcycle out of control.

Traffic in both directions was backed up for nearly two hours after the wreck.  Crews also contended with another fender-bender near the scene of the motorcycle wreck that was caused by the traffic.   The Monongalia County Sheriff ’s Department is asking anyone who may have witnessed the crash to call the department at 304-291-7260 and ask for Deputies Oziemblowsky or DeMedici.

Motorcycle Accident Prevention

Motorcyclists have all the same rights and privileges as any motor vehicle driver on the roadway.  Most of the time, when a motorcycle is involved in a crash, it is not the biker’s fault. Other drivers often fail to notice or fail to perceive a biker on the road until it is too late. Drivers of all other vehicles and all road users are reminded to safely “share the road” with motorcyclists, and to be alert to help keep motorcyclists safe.

According to the U.S. National Highway Traffic Safety Administration, motorcyclists’ risk of a fatal crash is 35 times greater than an occupant in an automobile.  In 2007, 5,154 motorcyclists were killed nationwide – 38 in West Virginia.

  • Dangerous Left Turns: The most frequent impact scenario – forty percent (40%) of the crashes – involved the other vehicle turning left in front of the oncoming motorcycle while the motorcycle was going straight, passing, or overtaking the vehicle.
  • Dangerous Intersections: Most crashes occur at intersections, where the at-fault driver does not see the cycle until impact.
  • Dangerous Lack of Visibility: In multiple vehicle accidents, lack of visibility of the cycle is most often a contributing factor, with glare or other vehicles obstructing the at-fault driver’s view.  In two-thirds of multiple vehicle accidents with motorcycles, driver of the other vehicle violated the motorcycle’s right of way and caused the crash.
  • Dangerous Practices: The likelihood of injury is extremely high in motorcycle accidents-98% of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in serious injury and death.  Riders without helmets sustained a 600% greater rate of traumatic brain injury than riders wearing helmets.
  • Dangerous Reaction Time: Since the the typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action, the cyclist should use every means to ensure he or she is visible to other drivers. Use of motorcycle headlamps in daylight and the wearing of highly visible yellow, orange, or bright red jackets can also significantly reduce accident involvement.

NHTSA estimates that helmets saved 1,784 motorcyclists’ lives in 2007, and that 800 more could have been saved if all motorcyclists had worn helmets.  The state of West Virginia requires that all motorcyclists wear shatter-resistant eye protection and a helmet that conforms to federally approved safety standards.

Sources:  http://www.robinettelaw.com/Articles/Avoid-becoming-a-Motorcycle-Statistic.shtml

http://www.dominionpost.com

Morgantown WV Motorcycle Accident Lawyers

The Robinette Legal Group is ready to stand up and fight for your rights to pursue full and fair money damages after a motorcycle injury or wrongful death.  You can try to file a motorcycle accident claim yourself, but there are some important things you will come to realize over time. The insurance company isn’t interested in protecting your rights and they will minimize the value of your injuries and your financial losses. That’s why having an experienced trial attorney from our firm is so important. We have years of experience handling motorcycle accident cases, as both defense lawyers and on behalf of injury victims.

Jeff Robinette at the Robinette Legal Group, PLLC is glad to answer questions about motorcycle accident claims.  Call today:  304-594-1800.

 

Mountainfest 2013 Motorcycle Fatality

On By Jeffery RobinetteIn Motorcycle Accidents and SafetyLeave a comment

Mountainfest Morgantown WV Motorcycle EventBiker Killed In MountainFest Accident

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

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

The biker was part of a line of motorcycles leaving MountainFest along Chaplin Hill Road. Rain-slickened roads after a rainstorm caused the driver to lose control of his bike and drive into oncoming traffic where the motorcycle collided with a Dodge Neon. Police say the man was killed instantly.Mountainfest 2013

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

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

Morgantown WV Motorcycle Crash Attorneys

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

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

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

Yes, you can try to file a motorcycle accident claim yourself, but there are some important things you will come to realize over time. The insurance company isn’t interested in protecting your rights. Even if they admit liability on the part of their policyholder, they will minimize the value of your injuries and your financial losses. That’s why having an experienced trial attorney from our firm is so important. We have years of experience handling motorcycle accident cases, as both defense lawyers and on behalf of injury victims.

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

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

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

Call 24 hours a day:  304-594-1800.

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

Common Back and Spine Injuries After an Accident

On By Jeffery RobinetteIn Back Injuries, Car Accidents, Uncategorized1 Comment

Does your back hurt after a car or work accident in West Virginia (WV)?

If your spine has been injured, you know the pain can be excruciating, debilitating, and unending.  Back and spine injuries are some of the most common injuries that permanently alter our clients’ lives after a car wreck or workplace accident.   The insurance companies will attempt to minimize the amount of compensation you receive for your back injury, especially if you have a prior history of back pain that has been aggravated and made considerably worse by this traumatic event.  Our office frequently receives calls concerning spinal injuries, especially to the lower vertebrae, and the Robinette Legal Group has consistently obtained excellent results for our seriously injured clients.

Spinal cord injuries include:

  • Herniated discs: Fluid in the discs between any vertebrae ruptures, causing partial arm paralysis and pain
  • Fractured vertebrae: Can happen anywhere along the spinal column. Individual vertebrae break or disconnect, leading to possible paralysis below the fracture.
  • Cervical injuries: Injuries to the spine near the neck usually result in full or partial paralysis. A broken neck is a type of cervical injury.
  • Thoracic injuries: Mid-back area of the spine. Often results in paralysis or partial immobility of arms and legs.
  • Lumbar and sacral injuries: Lower spine injuries often result in mobility problems or paralysis of hips, as well as effects on the urinary tract and digestive tract.

A spinal cord injury doesn’t always mean paralysis. Many spine injuries suffered in accidents go undetected as hairline fractures on the vertebrae. There may be only minor symptoms, which may go away over time, leaving the victim to believe that no serious injury occurred.

In time, however, even a minor spinal cord injury can progress to a serious problem, requiring surgery and years of medical treatment. At their worst, a spinal cord injury can progress to paralysis and organ damage.

Get the Help You Need From Experienced Professionals

If you or a loved one has been in an accident and is noticing back pain or other nerve damage, make sure a medical specialist considers the possibility of a spinal cord injury. The West Virginia spinal cord injury lawyers of the Robinette Legal Group have extensive experience representing clients involved in spinal cord injury claims.

Jeff Robinette is a former insurance defense attorney who now exclusively represents plaintiffs injured by someone else’s negligence.  I use my courtroom experience and knowledge of the insurance litigation system to provide vigorous, effective representation for people who need to recover full and fair money damages for serious injuries that forever change our clients’ work and daily lives.

Free Books for WV Accident Victims:

Spinal cord injuries don’t go away on their own. If you have been injured, you may face a lifetime of medical treatment and financial loss. Our firm will fight hard to help you recover the full and fair money damages you are entitled to.

To learn more about what actions you should take — and must avoid — after an accident, order a FREE copy of our latest book Righting the Wrong:  West Virginia Serious Injury Guide.  You can obtain this book by contacting us through our website http://www.robinettelaw.com or by calling us at 304-594-1800 today.

We welcome your call and would be glad to answer your questions concerning your serious back or spinal injury.

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.

What is First Party Insurance Bad Faith?

On By Jeffery RobinetteIn Secrets of the Insurance Companies1 Comment

Your insurance company has an obligation to fairly consider your interests and compensate you according to the loss you have suffered within the limits of your insurance policy.  If the insurance company considers its own best interest, and you suffer losses as a result, you have a right to sue your own insurance company for bad faith.

Personal Property Insurance Bad Faith:

If you have suffered significant damage by fire, flood, ice, or wind to your home or place of business, your insurance company may only offer a fraction of the amount of money it will take to repair the damage (learn more about home insurance affiliate program firms service in this case).  Insurance companies are motivated to pay as little as possible, so you will need a lawyer if you wish to recover the full value of your loss.

In order to prove bad faith, your attorney will have to prove that your insurance company acted unreasonably in the adjustment of your claim.  This will be a complex process of litigation, and for optimum results it is essential that you hire an attorney with many years of experience in working directly with insurance companies.

Motor Vehicle Accident Insurance Bad Faith:

Likewise, if you have been in a car, truck, or motorcycle accident and are suffering from a personal injury and your insurance company has acted unreasonably or unfairly in settling your claim, you may be a victim of insurance bad faith.

If you need help with your insurance claim, contact us at www.robinettelaw.com or 1-304-594-1800.

Motorcycle Accident Fatality, Morgantown, WV

On By Jeffery RobinetteIn Motorcycle Accidents and SafetyLeave a comment

Motorcycle with flamesA Morgantown, WV man was killed on Tuesday, September 20, 2011 when the motorcycle he was riding collided with an SUV making a left turn.  Monongalia County Sheriff’s Deputy M.D. Stemple said the investigation is ongoing, but speed may have been a factor.

According to the U.S. National Highway Traffic Safety Administration(NHTSA), in 2006, motorcyclists’ risk of a fatal crash was 35 times greater than a passenger car.  In 2007, 5,154 motorcyclists were killed – 38 of them in West Virginia.  The most frequent impact scenario – forty percent (40%) of the crashes – involved the other vehicle turning left in front of the oncoming motorcycle while the motorcycle was going straight, passing, or overtaking the vehicle.

Intersections are the most likely place for motorcycle crashes with other vehicles.  The most common cause of motorcycle/car accidents is the at-fault driver does not see the cycle until impact.

In multiple vehicle accidents, lack of visibility of the cycle is most often a contributing factor, with glare or other vehicles obstructing the at-fault driver’s view.  In two-thirds of multiple vehicle accidents with motorcycles, driver of the other vehicle violated the motorcycle’s right of way and caused the crash.

The likelihood of injury is extremely high in motorcycle accidents-98% of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in serious injury and death.  Riders without helmets sustained a 600% greater rate of traumatic brain injury than riders wearing helmets.

NHTSA estimates that helmets saved 1,784 motorcyclists’ lives in 2007, and that 800 more could have been saved if all motorcyclists had worn helmets.  The state of West Virginia requires that all motorcyclists wear shatter-resistant eye protection and a helmet that conforms to federally approved safety standards.

Source:  http://www-nrd.nhtsa.dot.gov/Pubs/810990.PDF

For further information about motorcycle accidents, visit our website.