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Charleston WV Personal Injury Law Blog

We work to hold those who cause spinal cord injuries accountable

A previous post on this blog talked about the different common causes of spinal cord injuries which often leave their West Virginia victims paralyzed and permanently disabled. The post also talked about how many of these common causes, like car crashes, falls and violence, are preventable.

After a spine injury, a Charleston resident will likely need financial assistance. They will need to cover the enormous cost of medical care and ongoing, permanent rehabilitative therapy. Moreover, they will need to find some way to cover their lost income, as eventually leave time at their work will run out, and they no longer will have a source of support. Finally, these victims deserve some compensation for their pain and suffering.

What causes a truck to jackknife?

It is more than just a scary incident when a large truck jackknifes on one of West Virginia's roads. After all, when the trailer of a truck sweeps out and around the cab portion of the vehicle, it almost without a doubt is going to hit any car that was traveling around the truck at the time of the accident, causing a serious or even fatal accident.

Basically, jackknifing is the end result when a truck skids, that is, when some of its wheels lose traction with the road and start to slide over the surface of the road rather than grip and roll along the pavement.

How we work to hold distracted truckers accountable

As previous posts on this blog have discussed, a distracted trucker is a hazard to all those who are sharing the road with him or her.

A driver who takes his or her eyes off of the road even for a few seconds to send that one really important message may travel a considerable distance before even realizing that an accident is imminent. By that time, it is too late to do much, and the truck will likely collide with a smaller vehicle, inflicting a lot of damage on both the smaller car and its occupants.

The most common causes of spinal cord injuries

As this blog has discussed, no Kanawha, West Virginia, resident wants to experience or see a loved one experience a spinal cord injury. Such injuries often leave a person completely or almost completely paralyzed and unable to perform even some basic life functions, much less go back to work in their chosen profession. Even "minor" spinal cord injuries will still mean massive medical bills and a lifetime of recovery.

One of the saddest things about spinal cord injuries is that, when one looks at the common causes of them, it is easy to see how so many of them are preventable. For instance, motor vehicle accidents account for about 50 percent of all spinal cord injuries annually. In many cases, the victim may have been driving carefully but struck by a negligent or reckless driver.

One killed in trucking company lot accident

One person is dead after a rather strange pedestrian accident in the lot of a trucking company in West Virginia. While police are still investigating the accident, they have said that at least at this point, no criminal activity is suspected.

The man who died was known to frequent the business premises of the company, but he did not work at the company. According to authorities, he was on the premises when a dump truck struck him, although authorities were not certain of the exact cause of the accident.

Distracted truck driving against federal trucking regulations

The Federal Motor Carrier Safety Administration (FMCSA), which regulates truckers in West Virginia and nationwide, recognizes that a truck driver who takes his or her eyes off the road even for a few seconds constitutes a major hazard to other motorists. Specifically, the FMCSA's research suggested that a trucker who takes his or her eyes of the road ahead for the four or five seconds to check a text or make a quick call on their cell phone will travel the length of a football field effectively blind, since they do not have their eyes on the road.

It's certainly not a pretty picture to think of a truck heading blindly down a major highway for 100 yards, especially when one considers the damage a large truck can do if it hits the smaller vehicles around it. Needless to say, these sorts of truck accidents can easily cause serious injuries.

We can help victims pursue recovery for spinal cord injury costs

A previous post on this blog discussed how even the most minor type of spinal cord injury, which is still in reality still a devastating and lifelong thing a West Virginia victim will have to deal with, can cost $350,000 to treat, and that is during the first year after the injury. This same person will likely spend $42,000 each subsequent year on the originally and will, over his or her life, spend over a $1 million on recovery.

These numbers go up markedly if a person's injury is more extensive, as is the case of a person who winds up paralyzed above the waist. While many of these costs might get picked up by insurance, many of them do not, which means a victim of a spinal cord injury in West Virginia is left not only with a debilitating medical condition but also with a pile of debt.

The duty of care owed by West Virginia landowners

For decades, West Virginia followed the traditional rule that how much care a landowner, like a business or a homeowner, owed someone who came on to their property depended heavily on how they came to be on the property.

There were three distinctions: a landowner had only a minimal obligation to protect someone who was trespassing, or on the land without permission, meaning the landowner only had to do what they could to prevent injuries to people the landowner actually invited on to the land.

Paralysis is the end result of most spinal cord injuries

Although a very few West Virginians who suffer from spinal cord injuries amazingly escape any long-term symptoms, a majority of victims will have to deal with some sort of paralysis which, despite many technological advances, is still a permanent condition.

According to statistics, almost half of all spinal cord injury victims, over 45 percent, will have some sort of tetraplegia, which is also called quadriplegia. This means that the victim will not be able to move his or her body at all below the waist, and will also have paralysis to some extent above the waist as well.

What is wrongful death?

Wrongful death law is the area of the law that protects family members of victims wrongfully killed in an accident. Wrongful death injuries are the worst type of harm that can be suffered by victims in a car accident or other type of accident. Surviving family members may be left with unexpected financial challenges as they struggle to deal with the emotional challenges they face following the unexpected loss of a loved one.

A wrongful death claim for damages can be brought for the benefit of surviving family members. Surviving family members of lost loved ones may be able to recover compensation for funeral and medical expenses, loss of support and services, lost prospect of inheritance and other damages depending on the circumstances. Damages that may be available are specific to the circumstances and the characteristics of the victims.

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10 Hale Street
Suite 400
Charleston, WV 25301

Phone: 304-347-5050
Fax: 304-347-5055
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