Each year, an average of 450,000 accidents and approximately 4,000 fatalities are attributed to trucking accidents across the United States. In 2017, accidents involving semi-trucks, tractor-trailers, and other large commercial vehicles resulted in 344,000 serious and catastrophic injuries according to the Federal Motor Carrier Safety Administration. Although there is no doubt that the at-fault driver of any tractor-trailer or other large commercial vehicle involved in an accident is liable for your personal injuries, property damage, and other losses, claims involving commercial trucks are substantially different from passenger vehicle accidents. If you have been seriously injured or have lost a loved one in a commercial truck accident, you may be eligible to pursue significant compensation from all individuals and entities found liable – including the trucking company – if their negligence is found to have contributed to your injuries.
Causes, Liability & The Law
West Virginia’s economy is heavily influenced by commodity extraction and transportation of extracted raw materials such as timber, coal, oil, shale, gas, and other materials. As a result, the roads and highways throughout large portions of rural West Virginia have become exceptionally hazardous. Steep, twisting mountain roads are overburdened with extremely large, heavily weighted commercial vehicles, engines, pumps, and other equipment that is being transported around the state on roads that were not built to handle this type of traffic.
West Virginia employers are responsible for providing their employees with a safe work environment. Although many injuries in the workplace result from unavoidable and unforeseeable situations, some workplace injuries and fatalities may occur when an employer fails to meet their legal duty.
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When to Take a Second Look
Was your child seriously injured at a childcare or daycare facility? If so, you’re not alone. Independent studies indicate that over 9 million children suffer injuries serious enough to require treatment in a hospital emergency department each year. It is estimated that tens of thousands of these injuries may have been suffered at daycare centers. Although there are no federal reporting requirements for serious injuries and deaths that occur in these facilities, accidents remain the leading cause of death for children over the age of one in the US. Parents of children who spend significant amounts of time away from the home can learn more about injuries that may occur at daycare centers to help keep their children safe.
Continue reading “Daycare Injuries They Don’t Want You to Know About”
Know the 7 Hidden Signs of Nursing Home Abuse
Information for West Virginia Families
When we make the decision to provide our loved ones access to 24/7 nursing care, we do so trusting that the staff we employ will provide a higher level of care than we ourselves are able to provide. We expect that our elderly, injured, and disabled family members will receive good, quality care with a focus on their physical, emotional, and mental health. We look forward to hearing that our loved ones’ social needs are being fulfilled and that their well-being and quality of life is improved. Unfortunately, many nursing home and long-term care residents throughout West Virginia experience the pain and suffering of cruel abuse and neglect at the very hands of those we trusted to protect them. If you are a friend or family member of a personal care home resident, you are encouraged to learn how to identify the seven most common hidden signs of nursing home abuse so you can help ensure your loved one is being treated well – or advocate for their rights if they are being victimized.
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Are You Eligible to File a Medical Malpractice Lawsuit in WV?
Each year, an average of 3-4 million infants are born in the United States – and approximately 30,000 of them enter the world with a birth injury. These injuries range from harmless temporary conditions that self-resolve to catastrophic, life-threatening injuries that require a lifetime of extensive treatment, with many resulting in permanent disability or death. Due to the devastating potential of birth injuries, expectant parents, as well as current parents that suspect their child’s injuries were caused by medical malpractice, should be aware of the following important facts.
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Patient Profiling and Discrimination in West Virginia
When Misdiagnosis & Failure to Diagnose Cause Serious Harm
Have you felt that a doctor treated you in a rude, condescending, or discriminatory manner? These behaviors may indicate that the provider’s personal bias influenced your treatment. In fact, even if you did not personally experience this type of negative behavior directly, you may have been a victim of discrimination.
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Although our society has had a tendency of discounting emotional distress as something that should be dismissed as a personal character flaw, the unfortunate reality is that suffering this type of injury can have very real and unavoidable consequences. This type of harm can be far more damaging and longer lasting than physical injury. The consequences of emotional distress can cause intense psychological pain and mental anguish, as well as severe trauma-induced stress, panic, anxiety, depression.
Continue reading “Can I File a Claim for Emotional Distress?”
The doctrine of res ipsa loquitur* (“the thing speaks for itself”) is derived from Anglo-American common law. Under evidentiary rules, this doctrine may be applied in a tort lawsuit in some instances. It allows a court to infer negligence based on the very nature of the accident or injury sustained. Because of this, no direct evidence is required regarding how the defendant behaved.
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When an especially serious, unusual, or fatal motor vehicle accident occurs, there is significant interest in finding out what happened. The scene of a major car accident can be an extremely busy place. Many things must occur before the site can be cleared. Tucked away behind those flashing red and blue lights, sirens, and commotion, a special team is hard at work.