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Charleston WV Personal Injury Law Blog

Christina Grimmie's family files amended wrongful death suit

The death of up and coming pop star Christina Grimmie left her friends and family devastated. Her family has filed an amended complaint in a wrongful death lawsuit after a judge dismissed their original lawsuit and gave them 21 days to amend it.

The former "Voice" contestant was killed after a performance at the Plaza Live venue when she was shot by a disturbed fan. Her family then filed a wrongful death lawsuit against the owner of the venue and her tour promoter, AEG Live, for negligent security. They allege that the defendants could foresee that concert-goers may bring in weapons to injure the performers. Since the attack, AEG Live and The Plaza Live now require the use of metal detectors, which the family believes could have prevented Grimmie's death if they had been in place sooner.

New study focuses on why calls while driving can be dangerous

According to the U.S. National Highway Safety Administration, 391,000 people were injured and nearly 3,500 people were killed in road accidents involving distracted drivers in 2015. We often hear that we should not use our cell phones while driving unless we have a handsfree system that allows us to focus on the road and talk at the same time. However, a new study reveals that even having a simple conversation on the phone or in person can take your attention away from driving and cause car accidents.

Researchers tracked participants' eye movements as they answered true or false questions during computerized experiments that simulated driving while talking on the phone or with a passenger in the vehicle. They compared their movements to participants who were not asked to respond to questions or not asked any questions. They found that those who were asked to answer questions took twice as long to shift their eyes to a new object, with a delay of approximately 40 milliseconds. While that may not seem like a long time, the delay can compound each time you are distracted. This means that each time you switch your focus from one thing to another, the delay gets longer.

Teen drivers more dangerous during "100 Deadliest Days"

It is common knowledge that teen drivers are not always responsible behind the wheel. However, a new study by the AAA Foundation for Traffic Safety concluded that the number of fatal crashes involving teen drivers is particularly high during the "100 Deadliest Days," which refers to the days between Memorial Day and Labor Day and is typically a dangerous time to be on the road for all motorists.

The study revealed that fatal teen driver car accidents increase by 15 percent during this time period compared to other times of the year. Statistics over the past five years show that over 1,600 people were killed in teen driver accidents during the "100 Days."

New study shows promising results for spinal cord injury victims

Suffering from a spinal cord injury can cause your life to turn upside down. In many cases, car accident victims with spinal cord injuries may be unable to care for themselves and require around-the-clock care from medical professionals or family members. The hospital stays, countless surgeries, physical therapy, rehabilitation and long-term medical care services can be extremely costly and time-consuming for everyone involved. Because of these challenges, researchers are determined to find new ways to treat these injuries and improve the quality of life for patients and their families.

Many spinal injury patients have a deficiency in growth hormone, which causes a lack of sensory function. A recent study in Spain revealed that the growth hormone may be a way for spinal cord injury victims to experience an improvement in sensory function.

Wrongful death lawsuit reinstated after dog bite death

Dogs may be "man's best friend," but because of negligent owners many of them end up injuring or killing innocent people. A wrongful death lawsuit against a dog warden in West Virginia was recently reinstated by the state Supreme Court of Appeals. The court found that the judge on the case wrongfully dismissed the lawsuit in 2016.

The lawsuit was brought by the victim's wife after the victim was mauled by multiple American Pit Bull Terriers as he took a walk around his neighborhood. The man died from injuries related to the attack.

New report shows drugged driving is on the rise nationwide

Marijuana legalization has been a hot news topic over the past few years. More than 50 percent of states have now legalized marijuana in some form and more states are predicted to make the jump in near future. With this increase in legalization comes an increase in drugged-driving car accidents.

According to the Governors Highway Safety Association, out of all fatally-injured drivers who were tested in 2015, 43 percent tested positively for drugs, which is more than those who tested positive for alcohol. Approximately 57 percent of fatally-injured drivers were tested. Over 35 percent of the drivers tested had marijuana in their system, while over 34 percent of tested drivers had ingested another drug.

Truck accidents in West Virginia occur for numerous reasons

Motor vehicle accidents are responsible for thousands of injuries and deaths all across America. The rate of injuries and deaths increases if a truck is involved. Commercial trucks are large in size and difficult to maneuver for even the most well-trained truck driver. However, many truck accidents are caused by negligent drivers and could have been avoided if the driver had taken extra precautions.

Due to the unique nature of commercial trucks, drivers must be aware of their characteristics and act accordingly. First, many West Virginia accidents are caused by truck drivers who are inadequately trained to handle these vehicles. Drivers who do not learn about truck driving techniques and other truck safety issues are more likely to cause an accident and be held liable for injuries caused. Truck companies who fail to train their drivers properly may be held liable for accidents caused by their drivers. Failure to perform maintenance on the truck also causes a number of accidents. Truck drivers and employers are responsible for making sure their trucks adhere to federal safety regulations.

Wrongful death lawsuit filed in Kanawha County

Nursing homes and health care facilities are required to provide adequate long-term care to their residents. When facilities or their employees act negligently, the residents may experience new illnesses or a worsening of their original medical conditions. Negligence may include a failure to treat medical conditions, physical and mental abuse and neglect.

Some residents experience injuries and illnesses that eventually lead to their untimely death. In a case involving the Oak Ridge Center, Genesis HealthCare in Kanawha County, a breach of standard of care of treatment may have caused the death of a resident. The resident's daughter is now suing the facility for wrongful death and medical negligence.

New study finds West Virginia drivers make the most abrupt turns

Most of us are aware that distracted driving and other unsafe driving behaviors can have tragic consequences. Despite this awareness, many drivers across the nation continue to behave negligently behind the wheel, sometimes causing devastating car accidents. EverDrive, a safe-driving app created by EverQuote, recently released a safe driving report revealing new information regarding driver behavior. The report compiled EverDrive user data collected during 2.7 million road trips.

Overall, drivers in America received an average safety rating of 79 out of 100. Midwest drivers received the highest driver rating of 83 out of 100, making them the safest drivers in America. The most unsafe drivers were in the Northeast, with a 75 out of 100 rating.

Tractor-trailer accident leaves four dead

Trucks on the roadways have proven to be dangerous due to their size, especially for those in passenger vehicles. According to a recent report, a fatal accident involving a tractor-trailer in West Virginia left four people dead and one injured.

The incident occurred on Interstate 77 when the driver of a tractor-trailer carrying canned goods lost control of the vehicle. As a result, the tractor-trailer crossed the median and crashed into a passenger vehicle. The family members in the passenger vehicle, including two adults and two small children, were killed.

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