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Employee, WVDOT and person who gave the 'all clear' face lawsuit

Drivers are often warned by bright orange signs that workers are present, whether construction or traffic employees. It is also important to remember that the safety requirement goes both ways, and an employee who causes injury to another driver may be held responsible along with the employer. 

The West Virginia Department of Transportation - Division of Highways was recently named in a personal injury lawsuit along with an employee and an unnamed individual for an accident that occurred on July 5, 2011. 

This is the second personal injury lawsuit filed in Kanawha Circuit Court in relation to the accident. The first one named the WVDOT while the second included both the employee and the third individual. 

As stated in the complaint, the accident occurred when the WVDOT employee initiated a left turn in front of the path of the victim's vehicle. When the two vehicles collided, the victim's car flipped onto its side and caused serious injuries, which led to expensive medical treatment, physical and emotional pain as well as further physical limitations. 

The experience was not only an annoyance and inconvenience, said the victim's complaint. It is caused a diminished capacity to enjoy life. 

The driver was named as being the driver and the direct cause of the accident, negligently losing control of the vehicle. Since the employee was driving a department-owned vehicle at the time, the WVDOT was named as well. The third individual became party to the lawsuit after the victim learned that the individual had given direction to the driver, saying that it was safe to make the turn. 

Source: The West Virginia Record, "Man files second suit against WVDOT for car accident," Kyla Asbury, June 28, 2013

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