Cross Median Vehicle Collision on I-79

A cross median crash is a collision or wreck where a vehicle or vehicles depart from the way traveled to the left, traversing the median separation between the highway’s directional lanes, and colliding with a vehicle traveling in the opposite direction.  In an attempt to prevent these often fatal collisions, grass medians separate interstate highway lanes and concrete or metal beam barriers have been installed in some known highway danger areas.

Grass medians can be somewhat effective, as also are traditional concrete and metal-beam barriers, but are expensive and can be difficult to install in some locations.  The good news is that the alternative of cable median barriers can provide a solution that is both comparatively inexpensive and effective.  A great advantage for West Virginia terrain is that these cable barriers are very effective on slopes.   National studies have shown a 96% reduction in fatal cross median crashes when these cable barriers are used, and several high-tension cable designs are now available that can withstand multiple hits.

A recent three-vehicle collision near Weston, WV where two vehicles collided in the southbound lanes of I-79 may be a case for consideration in determining whether or not the mere separation of lanes by a grass median is enough to prevent such head-on collisions.  The impact of this collision drove one of the vehicles into the northbound lanes, where it slammed into a flatbed truck.   Tragically, the truck driver was injured and taken to Stonewall Jackson Memorial Hospital, and one person was killed in the wreck.  Clearly, the grass median was not enough in this case to prevent tragedy.

Accident reconstructionists are working to determine the cause of the initial collision involving the two cars in the southbound lane.crash on I-79 near weston

This accident was obviously a cross-median collision, but the absence of a standard definition leaves many accident situations in doubt with regard to characterizing them as cross-median crashes. Questionable examples include the following: vehicles departing the roadway, crossing the median, and colliding with a tree and vehicles crossing the median and falling from a bridge overpass onto a different road such as in a recent incident that occurred near Bridgeport, WV.

In October of 2013, on the southbound side of I-79 just past the Meadowbrook Mall exit in Bridgeport, a truck lost control as it was approaching the bridge crossing Johnson Avenue/Meadowbrook Road, hit the guardrail and then fell off the bridge on the street below.

The semi-truck was completely destroyed and I-79 South was limited to one lane while the section of Johnson Avenue/Meadowbrook Road between the I-79 northbound on-ramp and the I-79 southbound off-ramp was completely closed.  One person was injured, but the truck driver was able to crawl out of the cab after the collision.

In light of trying to prevent such accidents from happening at all, or at least minimizing the impact and damage from such collisions, the National Traffic Safety Board (NTSB) is working toward better accident analysis in this area.  Furthermore, the NTSB recommends that NHTSA and Governors Highway Safety Association work together to add a standard definition for “cross-median crash” and a data element for cross-median crash accidents to the national databases.  Solutions to address the problem naturally include barrier application and installation decisions in where to best place highway dollars for driver’s safety.

Causes of cross median crashes are the same as you would expect in any motor vehicle collision, such as fatigue, improper lane changes, and inattention, but the good news is that research is showing that protective barriers, especially cable median barriers, can prevent most cross median crashes, regardless of the circumstances.

One of the least expensive solutions would be increased installation of cable median barriers which consists of 3 or 4 steel cables, tensioned and strung on posts which contain vehicles in the median once they leave the roadway where they are less likely to involve other vehicles and cause a multi-vehicle crash.

Cable median barriers are also some of the most versatile and forgiving barrier systems available for reducing the severity of run-off-road crashes and show a substantial reduction in fatal and injury crashes when compared to concrete and metal beam barriers.  When struck, the cables flex and the posts break which absorbs most of the crash’s kinetic energy and redirects the vehicle along the barrier.  National studies have shown a 96% reduction in fatal cross median crashes when these barriers are used.

Indisputably, prevention is always preferable to the cure, but when a motor vehicle accident does occur, whatever the circumstances, human suffering and property loss is too often the result.  At the Robinette Legal Group, PLLC, we have spent decades helping the victims of such collisions gain the compensation they need to put their lives and health back together, as much as possible.

We know how to navigate the insurance agencies’ strategies to minimize reimbursement and compensation for your losses and how to help you gain your best possible result.

If you have any questions concerning injuries or financial losses, or property damage from a car, truck, or motorcycle accident, call us today to get the answers you need:  304-594-1800.

Source:  National Transportation Safety Board, “Safety Recommendation.”  October 4th, 2011.  http://www.ntsb.gov/doclib/recletters/2011/H-11-028.pdf

Medical Marijuana: Child-Safe Packaging Needed

jolly lolly medical marijuana suckerThe Compassionate Use of Medical Marijuana Act aims to amend West Virginia state law so that physician-supervised patients with an authorized chronic or debilitating medical condition can cultivate plants and possess up to an ounce of usable marijuana for medical purposes. The measure also allows for the establishment of five compassion centers to dispense medical cannabis to qualified patients.  The proposal to legalize medical marijuana in West Virginia seems destined to die in committee this year, but now is the time to consider how to better protect children.  Bills of this type are gaining traction across the country, and we will likely see this come up for debate again in WV in 2014.

Certain safety measures have been included in House bills 2230 and 2961 which govern highway and workplace safety, but based on Colorado’s experience since legalizing cannabis use for medical purposes, some definite safeguards need to be in place to protect the children of our state.

Since the legalization of medical marijuana in Colorado, 14 children ages 8 months to 12 years old have been hospitalized for accidental ingestion of toxic amounts of pot in the past two years.  Though according to many medical professionals, it is nearly impossible for an adult to overdose on marijuana, children must be protected as much as possible from attractive forms of the delivery of this drug (such as suckers, gummy worms, or brownies — though I’m not sure why adults need these forms of delivery for their medicine) — primarily through the common sense of adult users, and secondly, through child-safe packaging and clear reporting and tracking for marijuana poisonings.

Already included in HB 2230 for the protection of drivers:  “Operating, navigating, or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient or visiting qualifying patient may not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.”

Addition safeguards in HB 2230 address hazardous work environments in West Virginia such as heavy equipment operations, coal mines, and gas well drilling sites:  “An employer is not required to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana,” and for the protection of employees:  “A registered qualifying patient may not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.”

Tamper-proof Packaging Needed for Medical Cannabis:

An April 1, 2013, article by Michael Booth of the Denver Post focuses on the accidental ingestion of medical marijuana by children leading to ER visits which has spurred new debates about safe packaging.

From early 2005 to late 2009, Children’s Hospital Colorado had exactly zero emergency-room visits by kids who had ingested marijuana. In the following two years, when medical marijuana became legal in Colorado and federal officials backed off prosecution, it had 14.

Pioneering studies of ER charts by Colorado doctors show looser pot laws leading to childhood poisonings, often from mistakenly eating tantalizing “edibles” like gummy worms or brownies.

Those doctors are now helping lead the charge for mandatory safety packaging as Colorado gears up for even broader legal sales of pot with recreational-marijuana stores.

“We’ve seen a dramatic increase in pediatric exposure,” said Dr. George Wang, a Children’s ER doctor who also works with Denver Health’s Rocky Mountain Poison and Drug Center.

Safety packaging, as in other medicines, “is a supplement to careful parenting that has been shown to work,” said Wang’s colleague, Dr. Michael Kosnett. “There are solutions available right now.”

And the marijuana industry agrees, up to a point, but argues that the tamper-proof packaging would greatly increase the cost of producing these goods and would add to landfill problems.

Serious Medical Consequences for Small Children

There are serious medical consequences for small children, though, even while marijuana advocates say an adult “overdose” of pot is nearly impossible.

Prescribed dosages of THC, the active ingredient in marijuana products used to control nausea from chemotherapy, is between 4 and 12 milligrams for children ages 2 to 4, based on body surface area. Some “edibles” have 300 milligrams of THC, Kosnett said.

The researchers say individual safety packs would be best, but the current recommendation of all items leaving the store in one secure package is “better than nothing.”

Because there is no clear reporting category for marijuana poisonings, doctors have to cull through files to count cases. Presbyterian/St. Luke’s, which operates Rocky Mountain Hospital for Children, said it does not track similar cases.

The cases studied at Children’s included decreased levels of consciousness and breathing trouble. Children can also vomit from ingesting too much of a strong substance and aspirate the vomit.

Child-ingested pot is also dangerous because ER doctors aren’t looking for it as a cause of any symptoms they see, Wang said. That can lead to invasive and expensive diagnostic efforts, such as a spinal tap or CT scan, if parents are embarrassed or scared to mention the true cause.

“When children get admitted to the ICU, that’s serious,” Kosnett said. Symptoms may appear similar to meningitis, for example.

Safety packaging and parental prevention should be noncontroversial, said Dr. Robert Brockmann, president of the Colorado Academy of Family Physicians, especially as newly legal recreational use will greatly expand the supply.

“None of that information is being disseminated when it’s dispensed,” Brockmann said. “It’s like liquor or prescription medications, or anything else you don’t want your kids to get into.”

Kosnett likens the social moment to that of the 1970 U.S. Poison Prevention Packaging Act, which launched many of the safety containers now ubiquitous in medical and chemical markets. One standard for packages, Kosnett said, is that no more than 20 percent of 5-year-olds be able to open a container within 10 minutes.

Such measures have cut pediatric poisonings in various categories by 40 to 90 percent over the decades, he said.

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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Read more: Colorado pot accidents spur call for childproof packaging – The Denver Post http://www.denverpost.com/news/marijuana/ci_22912949/colorado-pot-accidents-spur-call-childproof-packaging#ixzz2PssKcndX

Strategies for Concerned Parents: Bullying in Schools

What can you do as a parent? 

Few things are are heart-wrenching as knowing that your child may be a victim of bullying and feeling like your school is not doing enough to counter the problem.

The following are a few tips for parents — knowing how to best respond:

Do not try to fight violence with violence. Taking matters into your own hands could lead to more severe problems for you and your child.

Where bullying exisits, the most important thing is documentation.  Document who, what, where, when.  Try to get the testimony of other people who witnessed the conflicts.  Often when two or more people confront the bully directly, for instance a school administrator or teacher and witnesses, it can make a difference.  When one person speaks up with courage, often others will step forward.

  • If your child is sexually harassed or bullied, it is best to take action right away.
  • Certainly if there is a physical contact of any kind call the police. This includes shoving, hitting, slapping, tripping, punching and so forth.
  • Talk to the teachers and the school principal immediately and as soon as you find out the facts. It is important to document the times places or witnesses carefully so you can give detailed information to the school; if there are injuries take photographs.
  • If you do not get results within a couple of days, write the school district and demand an immediate response to the problem.
  • If there is violence, the police should be called and the school should be notified immediately.
  • Once you have resolved the particular bullying situation you are concerned about, consider lobbying for and supporting laws to punish school bullies in your state.
  • Many public school districts have adopted a “Zero Tolerance Policy” against bullying of any kind. Schools have a duty to provide safe premises and maintain reasonable supervision and discipline in the interest of all students.

October 25-26 Conference on Bullying —  Waterfront Place, Morgantown, WV — The Schools Care:

The West Virginia Regional Conference on Bullying,hosted by the School Safety Advocacy Council and co-hosted by RESA 7, will be held Oct. 25-26, at Waterfront Place Hotel.
The conference will feature national speakers, including Curtis Lavarello, the nation’s leading authority on school safety and schoolbased policing; Lt. Sean Burke, former chairman of the School Safety Technical Working Group for the U.S. Department of Justice; Vanessa Snow, general counsel for the School Safety Advocacy Council; Lt. Tim Enos, Sarasota County (Fla.) Sheriff ’s Office; and Dr. Dawn LeBlanc, a nationally recognized expert and presenter in the area of school violence offender recognition.

Maureen Underwood, a clinical social worker and certified group psychotherapist, will speak on suicide, grief, trauma and crisis resolution for children and families.
More than 250 people have registered to take part.

Info: Jeovanna Lacaria, RESA 7, 304-624-6554 ext. 222 .

Tips provided by Robinette Legal Group, PLLC:   Morgantown, WV Catastrophic Personal Injury and Wrongful Death Attorneys.  We generally do not take bullying cases, but as parents we care about kids and their families.   http://www.robinettelaw.com

 

Risk Factors for Senior Drivers in West Virginia

When is it Time to Hand over the Keys?

Since 1863, the West Virginia State Motto has been Montani Semper Liberi, or “Mountaineers are Always Free.”  We love and value our freedom, no matter what our age.  One of the greatest freedoms we possess in this country is the freedom to travel without restrictions, usually by car.  Ask older folks in the nursing homes what they miss the most, and many will tell you that they miss the ability to drive when and where they like.

According to the U.S Census Bureau’s population estimates by age and gender, West Virginia remains among the oldest states in the nation. The median age of West Virginians is 40.5 years (third highest) and the share of those who are 65 years or older is 16.2 percent (second highest), and these percentages are predicted to rise every year. As the number of older drivers increases, senior-driver safety is becoming more relevant for many families. With years of experience behind the wheel, older drivers likely are among the safest on the road. However, skills and abilities required for safe driving do deteriorate with age. The “silver tsunami” or great increase in the percentage of seniors driving in West Virginia raises the question of how families and doctors must be working together to determine if and when age-related health problems — from arthritis to frailty to Alzheimer’s disease — are severe enough to impair driving.

A recent hit-and-run tragedy in West Virginia illustrates the need for families to keep a watchful eye on Alzheimer’s patients in their care.

The investigation of a fatal hit and run accident in Kanawha County this week took an unexpected turn when sheriff’s deputies learned that the woman behind the wheel of the vehicle which struck Terry Stanley, 50, of Hernshaw, was an 80-year-old who suffers from Alzheimer’s.

The sheriff commented:  “We know from past dealings with individuals with Alzheimer’s and dementia they are at times able to sneak off and get into a vehicle without the knowledge of family members.”

Investigators said the woman had a valid driver’s license.

Fatality rates for drivers begin to climb after age 65, according to a recent study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, based on data from 1999-2004. From ages 75 to 84, the rate of about three deaths per 100 million miles driven is equal to the death rate of teenage drivers. For drivers 85 and older, the fatality rate skyrockets to nearly four times higher than that for teens.

Risk Factors Linked to Aging Process

Specific physical and cognitive abilities may decline with advancing age such as changes in vision, hearing and reaction time. However, there are large individual differences in the onset and degree of functional impairments, so age alone does not provide sufficient information to judge driving ability. Still, functional impairments can interfere with driving and may become particularly evident in stressful or challenging driving situations such as merging or changing lanes.

Several studies have shown that higher levels of physical, cognitive or visual impairment among older drivers are associated with increased risk of crash involvement. Statistically, fatal crash rates begin to increase at age 75. Per mile traveled, crash rates and fatal crash rates start increasing at about age 70.

A study of older drivers’ elevated fatal crash rates per mile traveled between 1993 and 1997 revealed that the main factor was not seniors’ over-involvement in crashes but their fragility, defined as the risk of death in a crash. Fragility increased starting around ages 60-64 and continued to rise with age.

Compared with younger drivers, senior drivers are more likely to be involved in certain types of collisions — angle crashes, overtaking or merging crashes, and especially intersection crashes. Studies of senior-involved crashes have found that failure to yield the right-of-way is the most common error among seniors.

Many older drivers also take medications with side effects which can impair driving ability of both young and old. As a person ages, their muscle mass and liver and kidney functions decline, so that person’s ability to metabolize (break down, use, and eliminate) medicines declines as well, leaving a higher concentration of medications in the body which may affect response time and driving ability.

Simple Restrictions can Prolong Driving Independence

Rather than prematurely taking away the privilege of driving from a person who may still have the ability to safely drive for several more years, individually assigned restrictions may be the answer to prolonging an aging person’s independence for as long as possible. Restrictions similar to those assigned to teenage drivers may include no driving on high-speed roads, driving outside a certain area, or driving at night. These restrictions would increase safety for those with visual impairments, prescription medication dependence, and impaired physical mobility.

Study Finds that Warning Patients of Risk Greatly Reduces Collisions

A large study from Canada in 2011 found another key component in reducing serious crash injuries among older drivers: simply having the doctors warn patients, and tell driving authorities that the older patient may be medically unfit to be on the road. Where this has occurred, there’s a drop in serious crash injuries among those drivers. The study, in the New England Journal of Medicine, couldn’t tell if the improvement was because those patients drove less, or drove more carefully once the doctors pointed out the risk.

While the study included adult drivers of all ages — for conditions ranging from epilepsy to sleep disorders, alcoholism to dementia — most were over age 60. This study highlighted one reason physicians don’t like to get involved: About 1 in 5 of the patients who were warned changed doctors. There also was an uptick in reports of depression.

Doctors aren’t necessarily trained to evaluate driving ability, and the study couldn’t tell if some drivers were targeted needlessly, noted Dr. Matthew Rizzo, of the University of Iowa. Yet he considered the research valuable. ‘‘The message from this paper is that doctors have some wisdom in knowing when to restrict drivers,’’ Rizzo said. His own research shows some cognitive tests might help them better identify who’s at risk, such as by measuring ‘‘useful field of view,’’ essentially how much your brain gleans at a glance — important for safety in intersections.

Other families turn to driver rehabilitation specialists, occupational therapists who can spend up to four hours evaluating an older driver’s vision, memory, cognition and other abilities before giving him a behind-the-wheel driving test. Some doctors and state licensing authorities order those evaluations, but programs can be hard to find, often have waiting lists and cost several hundred dollars that insurance may not cover.

Having a professional involved can keep family relationships intact, said Pam Bartle, a driver rehab specialist at Marianjoy Rehabilitation Hospital in Wheaton, Ill.

Still, “you could have the sweetest, nicest little old lady and she’ll turn on you on a dime if you tell her she can’t drive,” Bartle said. “It’s a desperate thing for people. They can’t imagine how they’ll manage without driving.”

Driving Safety Tips provided by the Robinette Legal Group, PLLC:  http://www.robinettelaw.com — Morgantown, WV Car Accident Injury Lawyers

Source: The Dominion Post, “Families Key, but Docs have a Big Role in Driving Decisions,” AP: Lauran Neergaard, Associated Press writer Carla K. Johnson in Chicago contributed to this report,Washington, September 27, 2012.

Record Number of Car Accidents in Star City, WV

Accidents in Star City, WV at an All-time High
Accidents in Star City, WV at an All-time High

Car accidents on the stretch between the Coliseum and Star City bridge are occurring every day in Morgantown.  Texting, talking, and other distractions have made this boulevard one of the most likely places in Morgantown to be involved in an accident, according to Police Chief Vic Propst.  Traffic is only expected to increase once the new Sheetz gas station on the Star City side of the bridge is completed.  New traffic signals to be installed will serve to regulate and slow down traffic, but in the meantime, please be careful.

Common Shoulder Injuries after an Accident

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.

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.