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April 2017 Archives

Getting compensation for PTSD after a car accident

West Virginia residents who are injured in a car accident caused by the negligence of another driver might also suffer from post-traumatic stress disorder as a result of the accident. However, they might also face a challenge in obtaining compensation for their PTSD as they would if they had a broken bone or another visible injury. If a lawsuit is necessary to get compensation, the time in which to file is not indefinite. Getting a diagnosis of PTSD is essential as it can go undiagnosed for months or even years.

Traumatic brain injury symptoms

A traumatic brain injury can occur when a West Virginia resident suffers a sports injury, becomes involved in a car accident or even falls. These blows to the head can range in severity. Even mild traumatic brain injuries can have serious side effects, though the severity of the brain injury may actually be influenced by a number of factors like the age and health of the person before the injury.

Evidence that can help with car accident claims

Whenever an auto accident occurs in which there are injuries, and a West Virginia victim wishes to pursue damages via a lawsuit, a few elements are needed to support the claim. One is the factor of negligence, and the other is that the victim was harmed as a result. Therefore, plaintiffs will need to provide evidence of their injuries and proof of other monetary losses.

When a driver causes a tailgating car accident

In West Virginia, motorists who cause a car accident after tailgating the vehicle in front of them may be held liable for any resulting injuries or damages. This is because drivers are responsible for maintaining a safe distance behind the vehicle in front of them so that they can avoid an accident if the other vehicle suddenly stops. However, it can be still be difficult to prove that the tailgating driver was liable.

Getting hurt in a big-box store in West Virginia

While it is common for large retailers to be sued by people who are injured in their stores, Walmart tops the list of big-box establishments that face the most lawsuits due to individuals getting injured at their locations. It is estimated that 13 lawsuits are filed against Walmart every day, which works out to around 5,000 injury suits each year.

West Virginia police say drug use caused multi-vehicle crash

Police in West Virginia say that a multi-vehicle crash on Interstate 64 on the morning of April 7 that sent three people to the hospital was caused by a driver who was under the influence of heroin at the time. Wayne County prosecutors have been made aware of the accident and criminal charges have not been ruled out. The crash occurred at approximately 10:50 a.m. on Interstate 64 in the vicinity of Spring Valley Road.

Majority of fatal large truck crashes occur on rural roads

West Virginia commercial truck drivers face challenges when navigating heavy traffic, but rural roads appear to present the greatest hazards. According to a report from the Federal Motor Carrier Safety Administration, 60 percent of fatal truck accidents happened on rural roads in 2015 compared to only 25 percent on interstate highways.

Distracted driving on the rise

As the number of distracted drivers grows, West Virginia motorists might need to start driving more defensively in anticipation of these distractions. In 2015 and 2016, the number of traffic fatalities around the country were up significantly after several years of decline. Furthermore, the National Highway Traffic Safety Administration says that distracted driving as a cause of accidents is increasing more rapidly than accidents that happen because of drowsy driving, drunk driving, not wearing a seat belt or speeding. Cellphones are a significant source of this distraction.

Assumption of risk exception to premises liability

West Virginia property owners generally have a legal responsibility to maintain a reasonably safe environment for visitors and patrons. Someone hurt in a slip and fall or similar accident, however, might encounter difficulty collecting compensation for the injuries if a court finds that the person knowingly assumed the risk of a recognizably dangerous activity.

Study investigates the membrane's impact on a brain injury

West Virginia residents who have a friend or family member who suffered a traumatic brain injury may know how debilitating it can be. While researchers know that the membranes that protect and separate the brain from the skull play a large role in protecting the brain against sudden impacts and the resulting damage, the details surrounding the mechanisms are still largely unknown.

Too many motorists engage in distracted driving

West Virginia motorists may be interested to learn that approximately 33 percent of all drivers have developed the habit of driving while distracted. Even more surprisingly, an AAA Foundation for Traffic Safety report found that approximately 88 percent of millennials engage in risky behavior when they are behind the wheel. Many of these drivers believe that their unsafe behaviors are acceptable.

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