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Charleston WV Personal Injury Law Blog

Distracted driving rules and basics in West Virginia

Distracted driving is an increasing concern on roadways throughout the country. As a result, West Virginia bans all handheld cell phone use for drivers. West Virginia also prohibits all drivers from texting and driving and has special rules for novice drivers as well. Using a handheld cell phone while driving is a primary offense in West Virginia that drivers can be pulled over and cited for.

Likewise, West Virginia has a texting while driving ban and texting while driving is a primary offense. A primary offense is an offense that a police officer can pull a driver over for and ticket them for without them committing any other infraction such as speeding. Drivers in West Virginia can be cited for holding a cell phone while driving or texting while driving alone. Drivers in West Virginia are permitted to talk on a cell phone while driving if their use is hands free.

What are the costs of spinal cord injuries?

For victims and families of spinal cord injuries, facing potentially innumerable changes to their lives, the costs of spinal cord injuries may worry them and they may wonder what they are. The costs of a spinal cord injury depends on the nature of the injury and the age of the victim. There are several categories of spinal cord injuries that make up the majority of spinal cord injuries.

Less than one percent of victims experience complete neurological recovery by the time they leave the hospital so concerns such as disability, long-term care and the life-long impact of a spinal cord injury are legitimate concerns for victims. The overall costs of a spinal cord injury vary based on the level of neurological impairment, the victim's education level and employment prior to the injury.

West Virginia drum truck accident kills and injures

Families and victims impacted by a truck accident are legally protected. A woman was recently killed and another woman was seriously injured in a truck accident with a dump truck in West Virginia. A 36-year old woman was pronounced dead at the scene of the truck accident and the 35-year old passenger in the vehicle was air-lifted to a local hospital. The second victim was listed in critical condition following the accident. A dog traveling in the vehicle was also injured and was given oxygen and taken to a veterinary hospital for treatment.

The truck accident occurred when the front left tire of the dump truck blew out, causing it to swerve into the passenger vehicle the two women were traveling in. The accident resulted in both vehicles swerving off the roadway. The dump truck came to rest on top of the passenger vehicle. The 46-year old driver of the dump truck was uninjured. When there has been a tragic truck accident, both wrongful death and personal injury legal options can help victims and their families.

Woman brings slip and fall claim against major retailer

Being unexpectedly injured or otherwise harmed while conducting an everyday activity such as grocery shopping can have a significant impact on the life of the victim. A woman in West Virginia has brought a claim for damages against a major national retailer after she was injured while shopping in one of its grocery stores.

The woman asserts in her claim for damages that the store was negligent when it permitted water to accumulate in one of the aisles of the store which she slipped and fell on. The woman further asserts that she was injured as a result of the slip and fall accident. She is seeking damages from the retailer for her injuries including medical expenses and emotional trauma and pain and suffering.

Brain injuries can have a dramatic impact on victims and families

Brain injuries can rob victims of their lives and may make family members feel that they have been robbed of their loved ones. Victims may lose their quality of life and family members may find them unrecognizable because of the emotional and personality changes victims may experience. Brain injuries can occur in car accidents and in other ways as well.

In general, a brain injury can be a catastrophic injury for the victim and may lead to disability. The full impact of a brain injury may not be immediately obvious, so it is important to watch for the signs or symptoms of a brain injury, especially following a car accident or other traumatic accident. Brain injury victims can suffer signs and symptoms of brain injuries including: personality changes; irritability; an inability to concentrate; difficulty multitasking; an inability to work; loss of short-term memory; blurred vision, persistent headaches, nausea and other signs and symptoms.

Truck drivers must record their hours and abide by regulations

Truck drivers transport goods across the entire country, which involves long hours on the roadways. As a result, truck driver fatigue and inattentiveness can be serious concerns and hazards on the roadway. To help keep the driving public safe, United States Department of Transportation trucking regulations limit the number of hours truck drivers can be behind the wheel without a break.

Truck drivers must have a minimum of 10 off-duty hours between driving shifts. Truck drivers are required to record their hours in a trucking log to ensure compliance with service hours regulations. Restrictions are also placed on the number of hours truck drivers can be behind the wheel in a week. Service hour regulations can be technical and complex to understand at times.

The serious nature of brain injuries and help for victims

Brain injuries are serious injuries that can be suffered in a car accident and can sometimes disrupt a victim's life forever. Traumatic brain injuries, also known as TBIs, are a significant cause of disability and death in the United States each year, contributing to 30 percent of all injury deaths. A total of 153 victims die each day in the United States due to injuries that include traumatic brain injuries.

During 2013, there were a total of 2.8 million emergency department visits, hospitalizations and deaths for traumatic brain injuries. Also during 2013, TBIs contributed to the deaths of nearly 50,000 victims and were diagnosed in 282,000 hospitalizations and 2.5 million emergency department visits. Traumatic brain injuries can result from a bump, blow or jolt to the head and can be open or closed injuries.

Kanawha County remind residents to drive safely

Officials in Kanawha County recently gathered to remind the community about safety concerns given the new school year. The upcoming school year recently began which means more traffic and a number of children going back and forth to school and other activities. Authorities reminded residents to be aware of school zones and abide by speed limits. Increased enforcement patrols were also planned for when children returned to school.

Unfortunately, as authorities noted, failing to maintain safety in areas with children, or other pedestrians, can lead to car accidents. One official remembered an accident from when he was a young officer when a car went around a garbage truck and struck and killed a child on the first day of school. Car accidents are unquestionably serious and negligent drivers are dangerous and hazardous for those sharing the roadways with them.

Victims of spinal cord injuries have legal protections available

Spinal cord injuries are serious injuries that can have a devastating impact on the lives of victims. A spinal cord injury includes any injury to the spinal cord or the nerves at the bottom of the spinal canal. Spinal cord injuries can have an impact on strength, sensation and other body functions in the areas of the body below the site of the injury. There are different types of spinal cord injuries that victims may suffer.

Spinal cord injuries can have a long-lasting and significant impact on many, if not all, aspects of a victim's life. Because spinal cord injuries can be difficult to treat, they can also be costly to treat and may result in the need for lifetime care. A spinal cord injury can have a life-long impact on a victim and may require sweeping changes to their life and intensive treatment as they journey through the recovery process.

Legal resources are available to victims of asbestos exposure

Mesothelioma can have devastating consequences for victims years following exposure. Mesothelioma is a deadly disease that is caused by exposure to asbestos fibers. Exposure to asbestos can result in painful illnesses including Mesothelioma and death. Legal protections are available to victims and their families when a loved one has died from Mesothelioma.

In general, Mesothelioma is a form of cancer that occurs on the lining of the lungs, abdominal cavity and heart. It is most oftentimes fatal. There are several different types of Mesothelioma victims may suffer from including Pleural Mesothelioma which is the most common type of the cancer caused by asbestos exposure. Pleural Mesothelioma occurs when asbestos fibers attach to the tissue that lines the outside of the lungs and the inside of the rib cage.

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