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.

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.

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.

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.

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.

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.

Though presented as easy to use as daily dosing is not required, there are some mechanical issues with the device and many cases of improper insertion, improper placement,  expulsion and it may be felt during sexual intercourse.  Improper insertion into the urethra has been documented and usually results in urinary tract infections.  Other reported side effects include headache, nausea, vaginitis and leukorrhea (thick white to yellow vaginal discharge), among others.  Though these side effects are relatively minor and treatable, the NuvaRing also has risk of more serious side effects.

NuvaRing contains ethinylestradiol and 3-keto-desogestrel the active metabolite of desogestrel,  Desogestrel is found in what is referred to as “third generation” oral contraceptives.  This class of oral contraceptives have been show to increase a woman’s risk of thrombotic incidents to a greater degree than first or second generation oral contraceptives, through  thickening of blood in the body resulting in clot formation. Thick blood increases the risk of a thrombotic incident such as a stroke, infarction, blood clot, deep vein thrombosis (DVT), pulmonary embolism or even in extreme cases death.    Much focus has recently been placed on combined oral contraceptives and their associated risk of deep vein thrombosis.  Advocates for NuvaRing suggest that these implants are more effective than oral contraceptives and have lower incidence of side effects.  However, studies have been published outlining the risks similar to those seen with use of oral contraceptives.   In a review article on contraceptive vaginal rings, published in Contraception in 2010, the authors describe two cases of deep vein thrombosis occurred in an open label study conducted in 72 women.  Several other studies have reported venous thrombotic embolisms.  In three other studies, totalling 1132 women studied, three incidents of deep vein thrombosis were reported.  In 2009, a Cochrane review  established a risk for deep vein thrombosis to be 149 in 100,000 (0.15%) for NuvaRing.  Though the risk seems low, when extrapolated to the estimated 1.5 million users of the NuvaRing, this is of great concern.

It is well established that oral contraceptives can increase risk of cerebral venous sinus thrombosis.  In NuvaRing users, the incidence of cerebral venous sinus thrombosis is rare, but can occur.  A case study published in 2011 in The Journal of Emergency Medicine describes one such case seen in the emergency department.

The World Health Organization’s Medical Eligibility Criteria for Contraceptive Use, 2009 edition, recommends that the guidelines for prescribing combined oral contraceptives should extend to NuvaRing,  They recommend that women should not use NuvaRing if they have a history of venous thromboembolic events or current venous thromboembolic events, or are undergoing surgery that may include prolonged immobilization.  The risk for serious venous thromboembolic events such as deep vein thrombosis, pulmonary embolism and cerebral venous sinus thrombosis is similar to that of third generation combined oral contraceptives.

If you or a loved one has suffered an injury as a result of using NuvaRing, the attorneys at the Manchin Injuy Law Group can help.  Call us today at 304-367-1862 for a free consultation.

At the Manchin Injury Law Group, our attorneys have great experience in dealing with insurance companies and handling these types of cases in court.  The insurance companies use all sorts of tricks and gimmicks to try to get you to settle quickly and cheaply.  The insurance companies have all of the legal help they need on their side and so should you.  If you or a loved one has been injured in an accident, contact the Manchin Injury Law Group at 304-367-1862 for a free consultation.

Every day, corporations and special interests attempt to close Courthouse doors to the hardworking people of West Virginia.  The right to a civil jury trial and access to justice is a crucial issue for which the attorneys at the Manchin Injury Law Group fight on a daily basis.  Injured West Virginians deserve a fighting voice to represent them in the Courtroom, but also deserve a fair mind to hear their case on the bench. In West Virginia, we face a pivotal moment in our judiciary.  Many candidates on the ballot for the West Virginia State Supreme Court of Appeals want to restrict access to justice for everyday, hard working West Virginians.  The make-up of the Court, after this election, could fundamentally change the workings of our civil justice system and has the potential to restrict access to our West Virginia Courts.

Because of this, the attorneys at the Manchin Injury Law Group are pleased to support two candidates for the West Virginia Supreme Court of Appeals who exemplify honesty, character, and judgment, and who will continue to ensure that access to the courtroom remains open for all West Virginians.

The attorneys at the Manchin Injury Law Group are proud to support incumbent Justice Robin Jean Davis and past West Virginia State Bar President, Letitia “Tish” Chafin for the West Virginia Supreme Court of Appeals.  Both of these candidates epitomize fairness for all West Virginians and have a marked history of integrity and character.

This election is too important to ignore and the stakes are too high.  Without a fair and honest judiciary who honor an individual’s right to a civil jury trial, injured West Virginians face losing fundamental Constitutional rights.  This is why the attorneys at the Manchin Injury Law Group support Justice Robin Jean Davis and Letitia “Tish” Chafin.  If your Constitutional rights and keeping our court system open is important to you, we urge you to support these candidates as well and don’t forget to vote on May 8, 2012.

Ninety-five workers were killed in West Virginia in 2010, according to a new AFL-CIO report, “Death on the Job: The Toll of Neglect.” In 2010, West Virginia had a worker fatality rate of 14.1 per 100,000 workers, one of the highest in the country. This compares with a national fatality rate of 3.6 per 100,000 workers. The 2010 Upper Big Branch mining disaster where 29 miners died contributed to West Virginia having the highest rate. North Dakota, South Dakota, Wyoming and Alaska were among states with the highest workplace fatality rates while New Hampshire, Massachusetts and Rhode Island were states with the lowest rates.

The report notes that in 2010, there were 4,690 workplace deaths due to traumatic injuries and more than 3.8 million workers across all industries, including state and local government, who experienced work-related injuries and illnesses. As a comparison point, in 2009, 4,551 people died on the job.

While these numbers are discouraging, groups like the AFL-CIO as well as other labor advocacy groups and trial lawyers have fought to keep work sites safe.  Many throughout the United States do not realize that trial lawyers and the civil justice system are a crucial part of workplace safety.

When safety rules, either state or national, are violated on the job site, often times people are seriously injured or killed.  When this happens, employers need to be held responsible for not following safety rules.  The fundamental reason for having national entities like OSHA, are to ensure that laws and regulations are in place to prevent workplace injuries and deaths.

When an individual is injured or killed on the job site, a trial lawyer, through the civil justice system, can hold employers accountable for violating safety rules and regulations in Court.  While such actions can never bring back a lost love one or cure a permanent injury, it can help restore an individual’s economic losses and ensure that such a tragedy will not happen to another worker at that job site.

If you or a loved one has been seriously injured or killed because workplace safety laws or regulations were violated, the attorneys at the Manchin Injury Law Group can help.  For a free consultation, call us at 304-367-1862.