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Charleston WV Personal Injury Law Blog

What should a driver do after a West Virginia truck accident?

A truck accident can be frightening, and it can be easy to feel confused and overwhelmed in the minutes and hours after a collision. What should a West Virginia driver do if he or she is asked not to call the police after a truck accident? He or she should not listen. Failure to take the proper steps after an accident can make the post-accident process more complex and may make it difficult to obtain any compensation to which one may be entitled.

It is noted that the most important thing that a West Virginia driver can do after an accident is to contact the police as soon as possible. Even if the other driver protests, it is vital to have proper documentation in the form of an official police report. Failure to have an accident report can cause issues with insurance and can make it extremely difficult to determine which driver is liable. 

What can you do about sexual harassment and discrimination?

West Virginia workers know that sexual harassment and discrimination of any kind is unacceptable in the workplace. Despite laws that prohibit this in the workplace, inappropriate behavior does occur, and victims may not know what to do next. Victims should follow the protocol of their employer regarding sexual harassment and discrimination complaints.

If a West Virginia employee is faced with harassment or discrimination, and the situation is not resolved "in house," that employee may file a claim with the Equal Employment Opportunity Commission. If a claim is valid and the agency cannot resolve the issue, the employee may explore the option for civil litigation. An employee has the right to legal assistance to ensure that his or her rights are protected through the entire process. 

Was your car accident caused by distracted driving?

Distracted driving is not a new phenomenon in West Virginia or the rest of America, but the rampant use of cell phones behind the wheel poses an increased risk for a car accident. A distracted driving car accident can cause serious damage and injury, but victims may feel helpless in the aftermath. Even though some of the behaviors that could be labeled as "distracted driving" may be hard to detect, there are ways that a victim can successfully file a personal injury claim with supporting evidence. 

Distracted driving is a term that can be used to describe any behavior that causes the driver to take his or her eyes off the road. This can include putting on make-up, talking with another passenger or adjusting the radio. The most common type of distracted driving is the use of a cell phone while behind the wheel. In fact, a driver who is texting can be as dangerous as a drunk driver. 

Dealing with sexual harassment and discrimination at work

No employee should have to face sexual harassment and discrimination at work. In fact, the U.S. Equal Employment Opportunity Commission states that it is unlawful for a person to discriminate or subject another to harassment based on gender. This protects West Virginia employees from sexual harassment and discrimination from co-workers, employers and customers.

West Virginia workers have the right to seek legal assistance when faced with illegal behavior at work. It is important to understand which actions or behaviors are considered discriminatory or harassing. Contrary to common misconceptions, inappropriate and derogatory statements that are non-sexual in nature, but that refer to a person's gender, are also considered sexual harassment. This includes any physical behavior that is embarrassing or inappropriate.

Lawsuit alleges wrongful death in nursing home

A West Virginia family has filed a lawsuit against a nursing home over an alleged wrongful death incident. The suit, brought by a surviving relative, claims that the nursing home in which the loved one was placed was understaffed. The wrongful death claim also lists a litany of negligence-related accusations.

Despite financial struggles, the staff was said to have presented the facility in a positive manner. When the family members placed their relative in the care of this West Virginia facility, the staff allegedly knew that budget cuts would have an adverse effect on residents. The family was not informed of any possible impact on patient care resulting from budget issues. 

Man's fatal accident may have been caused by violations

A West Virginia woman has recently filed a wrongful death claim against the mine where her husband worked, claiming that the coal company is responsible for her husband's fatal accident. According to the claim, dangerous equipment led to the fatal accident in the mine. The suits alleges that certain machinery was modified, presumably making it dangerous for workers. 

The man died as he was working the night shift at Pocahontas Mine. The victim and another worker were doing maintenance work, with the man who subsequently died walking along on foot. As the other worker was maneuvering the scoop, it fell and pinned his work partner in between two machines. The man later died at the hospital. 

After a car accident, we can help with insurance matters

There are few things as overwhelming as a car accident. The initial shock of the incident is often enough to cause long-term emotional trauma. In addition to the emotional struggles, many people face medical bills and other unforeseen expenses in the days and weeks that follow. It is easy to feel lost after any type of car accident, but you to do not have to face these difficult circumstances alone. 

Even after a serious accident resulting in significant damage, insurance companies usually do not  have the best interests of West Virginia residents in mind; their focus is on the bottom line. Our team has extensive experience negotiating and working with insurance companies so that you can focus on other important matters after an accident. If your claim has been denied after a car accident, you have legal options. 

Obese woman may face more sex discrimination in the work place

It is well known to West Virginia readers that women still face a certain amount of sex discrimination in the work place. While this is a disturbing trend, it is important to note that obese women may face additional challenges. A recent study into sex discrimination revealed that obese women may actually make less money for more demanding jobs.

This recent study searched into the issues for obese women in the workplace. The study wanted to determine if these women were less motivated than other employees or if the discrimination stemmed from the employers themselves. The study found that many obese women in the workplace are in jobs that require more physical activity and less interaction with clients or customers. The problem in this trend is that the jobs that require more personal interaction pay more.

Couple sues ambulance company over car accident

A couple from Calhoun has filed a lawsuit against an ambulance company over a car accident that resulted in extensive injuries. The lawsuit claims that the ambulance drove their vehicle off of the road as the ambulance changed lanes. The West Virginia couple alleges that driver negligence was the cause of the car accident. 

The accident occurred as the couple was driving along Interstate 79 in Monongalia County. The ambulance driver allegedly tried to merge into their lane, forcing the driver off of the road. Consequently, both the driver and the passenger suffered significant physical damage. 

Serious car accident in McDowell County under investigation

A serious car accident in McDowell Country is under continued investigation after two people were severely injured. The crash caused burns on both of the victims, requiring extensive medical treatment. The car accident occurred when a pickup truck collided with a large truck that was carrying a load of debris. 

At this time, it is not immediately clear what caused the accident, but West Virginia law enforcement is continuing to investigate the reason for the crash. The driver of the larger truck did not suffer any injuries. Once the cause of the accident is known, it can be determined whether the injured victims have grounds to pursue a personal injury claim. In order for a lawsuit to be successful, there must be substantiating evidence to validate the civil claim. 

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