What to do after a car accident in West Virginia

Posted on June 1, 2012 by

It happens out of nowhere.  You are sitting a stoplight, waiting for the light to turn and in a split second you are hit from behind.  The driver who hit you wasn’t paying attention, perhaps he or she was on the phone, perhaps playing with the radio.  Regardless, you have just experienced an auto collision.  In these circumstances, many drivers become disoriented and don’t know what steps they should take.

In any car accident, time is of the essence.  Here are some tips to follow after you have been involved in a car accident:

1. Keep an Emergency Kit in Your Glove Compartment. Drivers should carry a cell phone, as well as pen and paper for taking notes, a disposable camera to take photos of the vehicles at the scene, and a card with information about medical allergies or conditions that may require special attention if there are serious injuries. Also, keep a list of contact numbers for law enforcement agencies handy. Drivers can keep this free fill-in-the-blanks accident information form in their glove compartment. The DocuDent™ Auto Accident Kit ($19.95), supported by AAA and insurance companies, offers a comprehensive kit that includes a flashlight, reusable camera and accident documentation instructions. A set of cones, warning triangles or emergency flares should be kept in the trunk.

2. Keep Safety First. Drivers involved in minor accidents with no serious injuries should move cars to the side of the road and out of the way of oncoming traffic. Leaving cars parked in the middle of the road or busy intersection can result in additional accidents and injuries. If a car cannot be moved, drivers and passengers should remain in the cars with seatbelts fastened for everyone’s safety until help arrives. Make sure to turn on hazard lights and set out cones, flares or warning triangles if possible.

3. Exchange Information. After the accident, exchange the following information: name, address, phone number, insurance company, policy number, driver license number and license plate number for the driver and the owner of each vehicle. If the driver’s name is different from the name of the insured, establish what the relationship is and take down the name and address for each individual. Also make a written description of each car, including year, make, model and color — and the exact location of the collision and how it happened. Finally, be polite but don’t tell the other drivers or the police that the accident was your fault, even if you think it was.

4. Photograph and Document the Accident. Use your camera to document the damage to all the vehicles. Keep in mind that you want your photos to show the overall context of the accident so that you can make your case to a claims adjuster. If there were witnesses, try to get their contact information; they may be able to help you if the other drivers dispute your version of what happened.

5. File An Accident Report. Although law enforcement officers in many locations may not respond to accidents unless there are injuries, drivers should file a state vehicle accident report, which is available at police stations and often on the Department of Motor Vehicles Web site as a downloadable file. A police report often helps insurance companies speed up the claims process.

6. Know What Your Insurance Covers. The whole insurance process will be easier following your accident if you know the details of your coverage. For example, don’t wait until after an accident to find out that your policy doesn’t automatically cover costs for towing or a replacement rental car. Generally, for only a dollar or two extra each month, you can add coverage for rental car reimbursement, which provides a rental car for little or no money while your car is in the repair shop or if it is stolen. Check your policy for specifics.

The final question in dealing with an accident is usually who will pay for the damages? If the accident was minor, you and the other drivers may decide to handle the damages yourselves without the involvement of an insurance company. But this isn’t always the best idea, for several reasons.

While the other driver may agree to pay for the damage to your car on the day of the accident, he may see the repair bills and decide it’s too high. At this point, time has passed and your insurance company will have more difficulty piecing together the evidence if you file a claim.

Also, keep in mind that you have no way of knowing whether another driver will change his mind and report the accident to his insurance company. He may even claim injuries that weren’t apparent at the scene of the accident. This means that your insurance company may end up paying him a hefty settlement, or worse yet, you could be dragged into a lawsuit. So make sure that your company has your version of what happened and check your policy — if the damages paid out by your insurance company are below a certain amount, the accident may not be considered chargeable. And you will avoid the penalty of a premium hike.

Auto accidents take a tremendous toll on everyone involved, both financially and emotionally.

If you have been in an auto accident, the attorneys at the Manchin Injury Law Group can help.  We know how to negotiate with the insurance companies and ensure that you obtain a fair settlement.  For a free consultation, call us today at 304-367-1862.

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Be Safe On Your ATV in West Virginia

Posted on May 29, 2012 by

As summer approaches, more and more people are taking to trails throughout West Virginia to enjoy their All Terrain Vehicles (ATV).  While ATV’s are a source of enjoyment for many throughout the Mountain State, unauthorized use of ATV’s can lead to serious injury or death.  That’s why the state legislature has implemented laws regarding ATV use in West Virginia.  If you are going to be riding an ATV this summer, be sure to know the laws and regulations regarding ATV usage.

In West Virginia, state code chapter 17F identifies what constitutes prohibited ATV usage.  For your information, WV Code 17F-1-1 states as follows:

(a) No all-terrain vehicle may be operated in this state:

(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
(3) With more than one passenger unless more passengers are allowed under manufacturers’ recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver’s license or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American national standards institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system; or
(8) Unless operating in compliance with the provisions of section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all- terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.
(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
In addition, West Virginia law requires a that any minor under the age of 18 complete an ATV safety training course prior to being allowed to operate an ATV.
Finally, when riding your ATVs this summer be sure to keep in mind the following safety tips:
  1. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves.
  2. Never ride on paved roads except to cross when done safely and permitted by law – another vehicle could hit you.  ATVs are designed to be operated off-highway.
  3. Never ride under the influence of alcohol or drugs.
  4. Never carry a passenger on a single-rider ATV, and no more than one passenger on an ATV specifically designed for two people.
  5. Ride an ATV that’s right for your age.
  6. Supervise riders younger than 16; ATVs are not toys.
  7. Ride only on designated trails and at a safe speed.
  8. Take a hands-on ATV RiderCourse and the free online E-Course. Visit ATVSafety.org or call 800.887.2887.

Here’s a great video on ATV Safety:

 

If you or a loved one has suffered an injury due to an ATV wreck, the attorneys at the Manchin Injury Law Group can help.  For a free consultation, call us today at 304-367-1862.

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Let Us Not Forget Their Sacrifices

Posted on May 28, 2012 by

On this Memorial Day, please pause and remember the sacrifices that our brave men and women who serve in the armed forces have made for our great nation.  In remembrance of those who have served and given the ultimate sacrifice:

In Flanders Fields

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie,
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

The above poem was written by John McCrae, a Canadian Physician and Lieutenant Colonel who served during World War One.  McCrae’s inspiration for this poem, the most famous from World War One on May 3, 1915, after presiding over the funeral of friend and fellow soldier Alexis Helmer, who died in the Second Battle of Ypres. According to legend, fellow soldiers retrieved the poem after McCrae, initially unsatisfied with his work, discarded it. “In Flanders Fields” was first published on December 8 of that year in the London-based magazine Punch.

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Have a Safe Memorial Day Weekend

Posted on May 25, 2012 by

As we pause to honor and celebrate the brave men and women who keep us safe as a nation this Memorial Day Weekend, please be mindful of your own safety as well.  This “unofficial” start of summer sees lots of cookouts, family trips, driving, and outdoor activities.  While these events are fun and enjoyable, safety needs to remain a priority.  Here are some safety tips from the American Red Cross to ensure that your holiday weekend is not only fun but is also safe:

DRIVE SAFELY:

With many people traveling over the holiday weekend, it’s more important than ever to drive safely. People should be well rested and alert, use their seat belts, observe speed limits and follow the rules of the road. If anyone plans on drinking alcohol, they should designate a driver who won’t be drinking.

Other tips for a safe trip include:

· Drivers should give full attention to the road. Avoid distractions such as cell phones.

· Leave ample room when behind other vehicles.

· Use caution in work zones.

· Make frequent stops when traveling long distances.

· Clean the vehicle’s lights and windows, especially at night.

· Turn the vehicle’s headlights on as dusk approaches, or during inclement weather.

· Use high beams on rural roads unless approaching or following a vehicle.

SAFE GRILLING

The onset of grilling season often results in injuries and fires due to careless cooking practices. The Red Cross offers steps people can follow to help stay safe while enjoying those tasty cookout treats:

Never grill indoors.
Always supervise a grill when in use, and make sure everyone, including pets, stays away from the grill.

Keep the grill out in the open, away from the house, the deck, tree branches, or anything that could catch fire.
Use the long-handled tools especially made for cooking on the grill.

Never add charcoal starter fluid when coals have already been ignited.
Always follow the manufacturer’s instructions when using grills.

Be ready to close the lid and turn off the grill to cut off the fuel if necessary.
Keep a fireproof pan under the grill to catch any falling ash or grease.

WATER SAFETY

Learning to swim is one of the best steps someone can take to be comfortable and safe around water. People can contact their local aquatic facilities to get information about Red Cross swimming classes. Home Pool Essentials (homepoolessentials.org) is an online safety course for pool and hot tub owners.

Other safety tips include:

· Swim only in designated areas supervised by lifeguards. Always swim with a buddy; do not allow anyone to swim alone.

· Prevent unsupervised access to the water. Install and use barriers around your home pool or hot tub.

· Maintain constant supervision. Always stay within arm’s reach of young children even when lifeguards are present.

· Know what to do in an emergency. If a child is missing, check the water first. Know how and when to call 9-1-1 or the local emergency number.

Have appropriate rescue equipment, a phone, life jackets and a first aid kit near the pool.

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The Effects of Distracted Driving

Posted on May 24, 2012 by

The Manchin Injury Law Group is committed to the safety of all West Virginians.  That’s why our legal group is giving away one hands-free device every week to individuals who register to win the device on our Facebook page, in an effort to curb distracted driving in West Virginia.  As has been written on this blog in the past, distracted driving kills and injures thousands each year.  Examples of distracted driving include talking on a handheld device while driving and texting while driving.

Injuries and deaths due to distracted driving can be eliminated.  Unfortunately, people continue to choose to drive with distractions that can cause severe injury or death.  Below is an excellent video on the real life effects of distract driving:

The next time you or a loved one tries to send a text message while driving, remind yourself or your loved one that it can wait.  One text or call could wreck it all.

If you or a loved one has been injured due to a distracted driver, the attorneys at the Manchin Injury Law Group can help.  For a free consultation, call us at 304-367-1862 or visit our website for more information.

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Workplace Injuries in West Virginia: The Deliberate Intent Cause of Action

Posted on May 22, 2012 by

Everyday individuals get hurt at the workplace.  Often times, these injuries are caused by random events and bad luck.  At other times, injuries are caused by the carelessness of employers in not providing safe work-place environments to their employees.

When an individual is injured on the job, the individual is able to be compensated by worker’s compensation for health care and reduction in ability to work.  However, in West Virginia, if an individual has been egregiously injured on the job because of safety violations or an employer’s carelessness, an individual may bring a cause of action known as a deliberate intent cause of action.  This cause of action is set forth in the West Virginia Code at 23-4-2.  Under this code provision, it is necessary to prove the following in order to have a cause of action above and beyond a worker’s compensation claim:

(A) That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;

(B) That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition;

(C) That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, which statute, rule, regulation or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation or standard generally requiring safe workplaces, equipment or working conditions;

(D) That notwithstanding the existence of the facts set forth in subparagraphs (A) through (C), inclusive, of this paragraph, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and

(E) That the employee exposed suffered serious compensable injury or compensable death as defined in section one, article four, chapter twenty-three whether a claim for benefits under this chapter is filed or not as a direct and proximate result of the specific unsafe working condition.

 

If you or a loved one has been injured in a workplace environment, the attorneys at the Manchin Injury Law Group can help.  To schedule a free consultation, call our office at 304-367-1862.

 

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Common Causes of Car Collisions in West Virginia

Posted on May 18, 2012 by

At the Manchin Injury Law Group, our attorneys handle all kinds of personal injury cases.  Often, many people wonder what the most common causes of car collisions are in West Virginia.  One of the most dangerous causes of car collisions in West Virginia comes from distracted driving.  Distracted driving collisions occur most often when the driver is talking on a cell phone or texting another individual.  Other causes of distracted driving include talking to others in the car, eating while driving, putting on make-up, shaving, listening to music, and reading, just to name a few.

In addition to distracted driving as a cause for car collisions in West Virginia, collisions occur for other reasons too.  Here are some of the other reasons that car accidents occur that are often seen in our office:

  • Failure to yield the right of way
  • Failure to maintain control of the automobile
  • Failure to maintain a proper lookout
  • Speed related collisions
  • Not exercising due care when operating an automobile.

Most auto accidents in West Virginia can be prevented.  Keep you car properly maintained, follow basic driving laws, and always pay attention to reduce your risk of being involved in an auto accident.

If you or a loved one has been involved in a car accident, the attorneys at the Manchin Injury Law Group can help.  Our experienced attorneys know how to advocate for you.  For a free consultation, call the Manchin Injury Law Group at 304-367-1862.

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