Hill, Peterson, Carper, Bee & Deitzler, PLLCCharleston WV Personal Injury Lawyers | Hill Peterson Carper Bee & Deitzler PLLC2024-02-26T22:57:20Zhttps://www.hpcbd.com/feed/atom/WordPress/wp-content/uploads/sites/1603741/2022/07/cropped-favicon-hill-2-32x32.jpgOn Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=526762024-01-19T13:35:11Z2024-01-19T13:35:11Zhelmet law is crucial for anyone riding a motorcycle in West Virginia for reasons related to both legal compliance and personal safety.
West Virginia's universal helmet law
Under West Virginia law, all motorcycle operators and passengers must wear a helmet that meets safety standards set by the Department of Transportation (DOT). The law is designed to enhance safety for motorcyclists and reduce the risk of serious injuries, including those to the neck or head or fatalities in the event of a crash.
In addition to wearing a helmet, motorcycle riders must wear eye protection unless their motorcycle is equipped with a windscreen. This helps protect riders from debris and other hazards that could impair their vision while riding.
Impact on personal injury claims
Using a helmet reduces the severity of head injuries in motorcycle crashes. While failing to wear a helmet doesn’t prevent a motorcyclist from filing a claim if they’re struck by another vehicle, it can impact their claim in significant ways.
West Virginia follows the principle of comparative negligence, which means that the percentage of fault assigned to a victim reduces the amount of compensation that the victim can receive for contributing to the cause of their injuries. If a motorcyclist isn’t wearing a helmet and suffers head injuries, the other party may argue that the rider's failure to wear a helmet contributed to the severity of the injuries. This could potentially reduce the amount of compensation the motorcyclist can recover.
Ultimately, motorcycle crash personal injury claims are complex matters. As such, injured motorcyclists should work with someone who can assist them in determining how the factors in their case may impact the outcome. Because West Virginia has a two-year statute of limitations, a case must be filed quickly after a wreck.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=526042023-11-09T15:51:38Z2023-11-09T15:51:38ZPutting a value on a claim
No fixed formula determines the exact value of a car accident claim. In fact, valuing a claim properly may be more of an art than a science. Compensation generally falls into the following categories:
Economic damages: Economic damages are those that have a tangible and calculable value, such as the medical bills associated with injuries incurred in the wreck, lost wages related to recovery time, property damage associated with your vehicle and any belongings inside (like laptops and phones) and other out-of-pocket expenses. These damages are typically straightforward to calculate and they often serve as a starting point for negotiations over a claim.
Non-Economic damages: Non-economic damages are losses that – while very real – are much harder to value. These include pain and suffering, emotional distress and the loss of your enjoyment of life as a result of your injuries. Generally speaking, the more severe your injuries and the more permanent the harm you’ve suffered, the more the non-economic part of your claim may be worth.
Punitive damages: These are not commonly awarded in a car accident claim, but they do happen in rare situations. Punitive damages are sometimes awarded when the at-fault party's conduct is deemed to be outrageously reckless or downright intentional. These damages are intended solely to punish the wrongdoer (and discourage others from following suit.)
Valuing a car accident claim isn’t an easy process. It takes legal acumen and a lot of experience, as well as an insider’s viewpoint of what is typically paid in your area for similar losses. Obtaining experienced legal guidance can help you to make certain that you don’t overvalue your claim and make it harder to collect – or undervalue your claim and leave money behind.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=526032023-11-09T15:23:54Z2023-11-09T15:23:54ZWhat are the reported side effects?
Any medication can cause a host of unintentional side effects, some of which will be far worse than others. This trio of medications can help people lose weight in part by suppressing their appetite. Unfortunately, the medication can go too far. It can cause severe nausea, pancreatitis and even stomach paresis. The likelihood of developing pancreatitis is nine times higher for patients taking one of these three drugs than for patients taking other weight loss medications, like Contrave.
There's also very concerning early research indicating that as many as 1-2% of patients could develop severe side effects. As many as 1% of patients on these drugs will experience stomach paresis. Stomach paresis can temporarily halt digestion, cause intense abdominal pain and affect someone's overall health. People have also reported intestinal blockages and gastroparesis while taking these medications.
While faster and easier weight loss is beneficial for those who are obese or at high risk of heart disease, the side effects of these medications can easily outweigh the benefits patients derive from them. With more than 16 million people possibly taking these medications, there could be tens or hundreds of thousands of people severely harmed as a result.
Recognizing when a medication has caused unexpected, highly negative consequences can help people seek compensation for the medical expenses and lost wages that may have resulted from these undisclosed risks. Seeking legal guidance is usually the best first step forward under such circumstances.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525842023-09-18T12:45:35Z2023-09-18T12:45:35ZA loss of consciousness
People often assume that losing consciousness during a crash is natural and no reason for concern. Particularly if they don't recall hitting their head on something, they might assume that they passed out or fainted because of shock or pain. There is a very strong association between even a momentary lapse in consciousness and elevated risk of a brain injury. Anyone who blacks out after a crash will likely want to see a doctor to rule out the possibility of a TBI.
Headache, nausea and dizziness
Some of the best-known symptoms of brain injuries are also easy for people to dismiss, at least initially. People may have a persistent headache or one that continues to worsen even days after the crash. They may become nauseous without any other obvious cause. They may also experience issues with their sense of balance. Vertigo-like symptoms or intermittent dizziness could be warning signs of an injury to someone's brain.
Sensory symptoms
The brain has to process a lot of sensory information, and an injury can make it much harder to do so accurately and efficiently. Some people experience blurry vision or ringing in their ears. Others May report disruptions to their sense of smell and taste. Sensory symptoms are a frequent warning sign of brain injury.
Cognitive symptoms
Sometimes, the warning signs of brain injury include diminished cognitive ability. People may slur their speech like someone who has had too much alcohol. They may suddenly have trouble making decisions or remembering things. Both recall of old memories and the formation of new memories could change after a brain injury. There are also scenarios in which people have changes in language processing or even in their personality.
The reality is that brain injuries manifest differently depending on someone's circumstances and the severity of their injury. Anyone who notices possible signs of a TBI, as well as those involved in high-speed, relatively severe collisions may benefit from a timely medical evaluation. The sooner doctors diagnose a TBI, the better the chances that they can prevent it from worsening. Knowing and watching for the signs of a brain injury could help someone better limit the lasting consequences of a recent car wreck medically, financially and legally.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525832023-09-18T11:43:58Z2023-09-18T11:43:58ZWest Virginia law. Any time a crash leads to someone getting hurt or causes at least $1,000 in property damage, the people involved have a statutory requirement to notify law enforcement and put together an official crash report.
Not everyone follows this rule. Some people speed off from the scene of a crash, often in hopes of avoiding responsibility. The person who caused the wreck might leave the scene, resulting in another party worrying about what they should do next. The following is what generally transpires after a hit-and-run collision in West Virginia.
The police must investigate
Any chance of justice will come from law enforcement efforts after the crash. There could be traffic or security camera footage that could help the officers investigating the collision identify the other motorists involved. There could be witnesses whose statements could help identify the driver who caused the crash and then fled. Even repair shop records could play a role in helping to locate the party at fault for the crash. Those affected by a hit-and-run collision often need the help of someone advocating for them to ensure that the state makes locating the party at fault a priority.
Insurance claims and lawsuits are possible
Provided that the police can track down the motorist who caused the crash and then fled the scene of the collision, it may be possible for those affected by a hit-and-run collision to seek compensation through traditional meetings. An insurance claim or a personal injury lawsuit could be an option after successfully identifying the driver at fault for a crash.
Those who cannot locate the driver who caused the collision may need to use their own uninsured motorist coverage or risk having no help covering the cost generated by the wreck. It can be very challenging for someone already coping with injuries to also communicate with law enforcement professionals, negotiate with insurance companies or prepare for civil court.
Knowing what to expect and seeking legal guidance accordingly can make a big difference for those who have recently been involved in a hit-and-run collision in West Virginia.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525822023-09-11T04:27:15Z2023-09-11T04:27:15Zreasons for semitruck crashes can be multifaceted. They can range from human error to mechanical failures, each with risks and repercussions. Understanding these factors is critical for those who are hoping to prevent such accidents and those who are involved in these crashes.
Trucker distractions are a significant issue
One of the leading causes of semitruck crashes is driver distraction. This can come in many forms, including using a mobile device, eating or adjusting the radio. These activities divert attention from the road, making it easier to miss critical signals or changes in traffic conditions.
Trucker impairment is also a concern
Another serious issue leading to accidents is impairment due to alcohol or drugs. While laws are stringent regarding substance use while driving, instances still occur where truckers operate their vehicles under the influence. Impaired driving significantly hampers a driver's ability to make sound judgments and react quickly to changing road conditions.
Trucker fatigue can't be overlooked
Long hours on the road can lead to trucker fatigue, significantly contributing to crashes. Operating a semitruck requires constant attention, and fatigue can lead to slower reaction times and decreased awareness. Regulatory bodies have guidelines for rest periods, but fatigue can still be a factor in many accidents.
Improper load securement adds risks
The way cargo is secured in a semitruck can directly impact the vehicle's stability. Improper load securement can lead to cargo shifting during transit, altering the truck's center of gravity. This increases the risk of rollovers or other accidents, especially when navigating turns or sudden stops.
Lax maintenance is a hidden danger
Poor vehicle maintenance can also be a cause of semitruck crashes. Failing to regularly check and maintain critical components like brakes, tires and lights can result in mechanical failures. These failures can occur suddenly and without warning, leaving a driver little time to react and prevent an accident.
Victims of semitruck crashes often suffer significant injuries that require considerable medical care. By clarifying whether driver error, mechanical failure and/or other factors contributed to the cause(s) of their wreck, they can make more informed decisions concerning their legal options.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525792023-09-07T00:12:46Z2023-09-07T00:12:46ZEmployers are often responsible for wrecks caused by deliveries
The exact circumstances of the crash and the employment arrangements for the delivery driver will directly influence who is ultimately responsible for a collision. Technically, companies usually have legal and financial responsibility for negligence and mistakes made by their employees while they are on the clock.
However, if someone causes a crash while technically not on the clock, there can be questions about liability. There is also an uncomfortable gray area for liability when a company classifies a worker as an independent contractor rather than an employee. Big businesses with large delivery fleets and independent contractors augmenting their in-house staff will often go to great lengths to avoid responsibility for collisions. Still, if a collision involves a fleet vehicle operated by someone on the clock, many times the businesses will technically have legal and financial liability for the collision that occurs.
It can be difficult to determine who is actually liable for a crash and even more difficult to deal with a business's attorneys and insurance provider after establishing that a company has liability. Learning more about the rules that determine who covers the costs of a delivery driver's crash can help people seek compensation from the right party after they’ve been injured in a collision.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525782023-08-31T14:48:09Z2023-08-31T14:48:09ZEmployers are often responsible
One of the many risks associated with employing professionals is the legal and financial liability an organization will have for that worker's negligence while on the clock. The legal concept of respondeat superior generally establishes organizational responsibility for employee negligence that harms others.
Such rules help deter unsafe business practices and motivate companies to engage in better employee screening and training. They also help those affected by business activities, like pizza delivery, secure appropriate compensation. An individual making minimum wage plus gratuities while driving for work may not have the resources necessary to compensate someone severely injured by a crash.
Their employer, on the other hand, likely has a commercial insurance policy that provides more coverage and more assets that could be subject to liquidation to pay a judgment secured in a lawsuit. There are a few exceptions to this rule. Scenarios involving intentional law-breaking on the part of the worker may extend protections to their employer that minimize their liability.
Additionally, if the company hired someone as an independent contractor rather than a direct employee, the business may not have liability for the contractor's actions. However, if it is possible to establish that the worker was actually an employee that the company misclassified as a contractor, the business may ultimately still have liability should a collision occur.
Holding the right party responsible for a crash can make it easier for those harmed in a collision to pursue a personal injury lawsuit or an insurance claim successfully. Exploring the circumstances of a crash with an attorney can be a good way to clarify an accident victim’s situation.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525772023-08-24T23:22:13Z2023-08-24T23:22:13Zrisks associated with distracted driving are substantial, as even a mere five seconds of distraction while going 55 miles per hour means a car travels the length of a football field while being operated by a preoccupied driver.
Manual distractions involve taking hands off the steering wheel
Manual distractions occur when drivers remove one or both hands from the steering wheel for any reason. This type of distraction is common and includes actions like:
Eating or drinking
Adjusting the radio, GPS, or climate controls
Using a cell phone to text, dial or browse
When hands are taken off the wheel, the driver's control over the vehicle is even momentarily diminished. This compromises the ability to react quickly and safely to sudden changes or obstacles in the road.
Visual distractions divert the eyes away from the road
Visual distractions pull the driver's eyes away from the road, focusing them elsewhere. Even brief lapses in visual attention can lead to catastrophic consequences. Some examples of visual distractions include:
Looking at a billboard or scenery
Reading a map or navigation device
Watching a video on a mobile device or in-car entertainment system
The dangerous truth is that taking the eyes off the road for a few seconds is akin to driving blindfolded for a short distance. This amplifies the risk of missing critical cues, signs or hazards that may suddenly appear on the road.
Cognitive distractions shift mental focus away from driving
Cognitive distractions might be the most insidious of the three because they take the driver's mind off driving without necessarily removing hands from the wheel or eyes from the road. Examples of cognitive distractions include:
Engaging in deep conversation with passengers
Daydreaming or thinking about something other than driving
Stress or emotional distractions affect concentration
A mind not fully engaged in driving can lead to delayed reaction times and poor judgment, significantly increasing the risk of an accident.
Even safe drivers are at risk if others on the road are distracted. Injuries from these crashes can be significant, so victims will likely need emergency medical care. They may also opt to pursue a claim for compensation from the party liable for the wreck, depending on the nature of their unique circumstances.]]>On Behalf of Hill, Peterson, Carper, Bee & Deitzler, PLLChttps://www.hpcbd.com/?p=525762023-08-22T15:12:47Z2023-08-22T15:12:47ZDeaths on the increase
The NHTSA’s annual Occupant Protection Traffic Safety report cites pickup truck drivers and their passengers as the highest number of unrestrained deaths in nearly 20 years. Breakdowns see 60 percent of pickup truck drivers and 64 percent of passengers tragically dying.
Passengers going without seatbelts in passenger vehicles died in crashes in 2018, numbered 9,545 deaths. Three years later, in 2021, 11,813 (45 percent) of passengers tragically died. SUV drivers accounted for 49 percent of SUV drivers, with van drivers coming in at 44 percent.
Additional statistics include:
Gender numbers reveal that 54 percent of men died in unrestrained accidents, with women at 42 percent.
Forty-three percent were sitting in the front row, and 57 percent were in the second row.
Time of day also played a role, with 57 percent of deaths at night and 43 percent who perished during the day.
Promising news comes from the 2021 NHTSA’s National Occupant Protection Use Survey (NOPU). Estimates surrounding seatbelt use saw an increase from 86.1 percent in 2012 to 90.4 percent in 2021.
Ever-evolving technology has made motor vehicles safe for both drivers and passengers. However, seatbelt warnings only go as far as the operator responding to alerts. The simple act of “buckling up” has made strides. However, that progress is not enough when considering the countless deaths.]]>