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Charleston WV Personal Injury Law Blog

Truck accident brings lawsuit against construction company

A West Virginia company is facing a civil suit after one of its vehicles was reportedly involved in a truck accident. General Pipeline Construction, a company that constructs pipelines, was named as the defendant in the suit. The man who filed the suit claims that the truck accident left him with injuries and other damages.

The plaintiff filed the suit because allegedly, the company driver caused the accident by driving over the center line of the road. At the time of the accident, he was on a portion of the road known as "Three Mile Road" in Logan Country, West Virginia. The plaintiff's vehicle was struck by the company's vehicle and consequently, the victim suffered physical injuries.

Senator has questions over car wrecks caused by defects

West Virginia Senator Jay Rockefeller has pressed General Motors (GM) about the vehicle issues that have caused deadly car wrecks across the country. Speaking on behalf of two residents of the state, the Senator had questions for the automaker regarding a particular accident that claimed the life of their son. GM is currently facing legal trouble and pressure from lawmakers after a series of car wrecks and recalls related to an auto default in many of their vehicles.

The man in this case was driving a particular GM model vehicle, a Cobalt, when his car lost power. This was a common defect in this particular model of car, and in addition to this issue, his airbag did not immediately deploy as designed. There is a compensation fund designated for victims of GM car accidents, such as those caused by ignition failure. However, strict wording may prevent certain victims from obtaining deserved compensation.

Fatal accident in mine leads to settlement for family members

When a fatal accident happens at work, relatives left behind should be eligible for benefits through workers' compensation offered by employers. However, two wives were recently awarded by a financial settlement from a lawsuit related to a fire in a West Virginia mine. Workers' compensation would typically be granted for a fatal accident at work; however, the particular circumstances of this accident make this case unique.

The fire took place in 2006, stemming a lawsuit filed against the U.S. Mine Safety and Health Administration (MSHA) on behalf of the two widows. After a legal battle, the MSHA agreed to pay the families one million dollars and to offer a course to prevent similar future fires. This lawsuit was based on the claim that the MSHA did not properly regulate the particular mine, resulting in unsafe conditions and the fatal fire.

Woman suffers brain injury, loses her job, says 2 are related

A West Virginia woman has recently filed a lawsuit after she suffered a brain injury and was subsequently fired from her job. While the brain injury did not occur because of a work-related incident, the lawsuit claims she faced discrimination from her employer and co-workers because of her injury and difficulties related to the accident. Any type of discriminatory action against an injured or disabled person is always unacceptable in the workplace.

Specifically, the woman claims that she faced sex discrimination, harassment, emotional duress and a retaliatory firing from her former employer. She was originally injured in a car accident in which she suffered a diagnosed brain injury. After returning to work after her recovery, she claims that she was told she would be working as an hourly employee instead of a salaried employee. The West Virginia woman was also reportedly told that her work quality had declined significantly.

Options for those affected by a distracted driving car accident

A car accident can happen for many reasons, including reasons that are no fault of the driver. For example, a person could be injured in an auto incident that was related to a drunk or otherwise impaired driver. However, a car accident caused by distracted driving may seem more complicated simply because it could be more difficult to prove that a cell phone or other distraction contributed to the collision.

West Virginia drivers are not unaware of the fact that distracted driving is largely related to the rise in the use of cell phones behind the wheel. Texting while driving is one of the most commonly recognized hazards that affect all motorists. However, texting is not the only thing that could pose a danger to others. The Department of Transportation has stated that drivers who are using navigational apps could also be as distracted as a driver who is texting.

GM car accident victims may receive millions of dollars from fund

GM has announced that they have set aside a fund for victims of any car accident caused by the faulty ignition issues that have plagued the automaker. This fund will compensate victims who were injured in a defect-related car accident or families of those who were killed. Depending on circumstances, some victims could receive several million dollars.

This fund is for victims across the nation, including those in West Virginia. Should victims accept compensation from this fund, they are thereby relinquishing their right to pursue a lawsuit against GM. If a victim or the family of a victim refuses compensation from the fund, they would still have the option of pursing legal action against the company. It it important to understand the best option for each individual case.

West Virginia man suffers brain injury in boating accident

A West Virginia man suffered a brain injury during an unfortunate boating accident. He is currently in critical condition, suffering from brain swelling. He suffered a brain injury when the boat on which he was a passenger hit a barge that was parked at the time. The young man who was driving the boat also suffered injuries that required medical attention.

Boat accidents can have serious consequences, just the same as any other type of motor vehicle accident. Boat accidents are sometimes caused by a lack of vigilant driving and knowledge of boating laws. It is not immediately known what caused this particular accident, but it serves as an example to those who may be behind the wheel of a boat.

Elder abuse and neglect at the center of nursing home case

A West Virginia nursing home will have to pay over $30 million after a judge found the home guilty of elder abuse and neglect. The nursing home was found guilty of failing to provide adequate staffing needed to care for their elderly patients. Apparently, there was enough evidence presented to prove that the actions of the nursing home constituted elder abuse and neglect.

The lawsuit was filed by a family on behalf of an elderly woman who lived at the home for a few weeks. According to the lawsuit, the nursing home failed to feed her or provide basic care during that time. The original ruling passed by a West Virginia court awarded the family $90 million dollars. After additional deliberation, the West Virginia Supreme Court reduced that amount to just over $30 million.

Police say West Virginia car accident due to distracted driving

A recent car accident in West Virgina resulted in four people seeking medical attention from a hospital. It is believed that the car accident was caused by distracted driving. There were multiple vehicles involved in the accident, and several of them sustained significant damage from the impact.

The unfortunate chain of events occurred when the alleged distracted driver crossed the center line on the road. The vehicle struck a truck that was hauling another vehicle on a trailer. The trailer became detached from the truck and crashed in the opposite lane. Also, a pedestrian was injured when the accident involved an unoccupied vehicle and struck the person. The pedestrian was airlifted by emergency personnel because of the serious nature of the injuries.

Preventing workplace accidents by implementing new technology

Most West Virginia residents know how dangerous the mining industry can be, as it has one of the highest percentages of workplace accidents, injuries and deaths. Tragically, many of the workplace accidents that do occur are related to the "human element," meaning that a large number could have been prevented. There is hope that by implementing new technology and strategies, miners may be able to enjoy an improved safety standard at work.

While the state of West Virginia has not seen a large-scale mining tragedy (an accident that claims many lives) recently, a horrible mining accident in another country serves as a sober reminder that there is still room for improvement in mining safety. This particular accident, an explosion and fire, claimed the lives of 301 miners. However, the president of an electronics company claims that the technology already exists needed to improve the safety in mines. This includes technology to track air flow, improve communication while in the mine and cameras to avoid collision between large equipment.

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