Personal Injury Cases – Recht Law Offices

According to a new NHTSA study, when a driver is engaged in visual-manual activities, such as using a cell phone or inserting a CD into the CD player, the chance of being involved in an accident increases threefold. Visual-manual activities put the driver of a vehicle at greatest risk, and include anything that takes the driver’s hand off the wheel or eyes off the road.

Our West Virginia car accident attorneys know that text messaging and using a handheld cell phone is illegal in West Virginia. These laws are important in protecting drivers since even a few seconds of distraction can lead to disastrous consequences. Now, however, there are some new guidelines that are intended to improve safety by addressing in-car distractions that aren’t illegal but that still increase the car accident risk.

US DOT Guidelines to Reduce Distracted Driving

The National Highway Traffic Safety Administration has released guidelines aimed at reducing the risk of distracted driving accidents. These guidelines are directed toward car manufacturers and aim to limit distractions by making changes in the automobile’s electronic devices, such as the navigation system, entertainment and communications systems.

The guidelines are meant to reduce the amount of time a driver takes his eyes off the road to two seconds or less. The new guidelines address the design of various in-car systems as well as recommending that certain operations are disabled while driving.

NHTSA issued the guidelines after studying how people use passenger cars, so the new guidelines will apply only to light vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or less.  The design guidelines were based on the principles that:

• The driver’s eyes should be focused on the road ahead.
• The driver should be able to perform secondary tasks in the car without having to take both hands off of the steering wheel.
• The driver should control interactions or tasks, not the system or device.
• All displays should be easy for drivers to see.

NHTSA also uses a two-test system to determine the impact of performing a task while driving. NHTSA considers the time that it takes to complete the task as well as the level of interference the task creates with the driver’s ability to pay attention to the road.

After evaluating these criteria, NHTSA either recommends design changes to cut the task time down and make the task easier or recommends that certain in-vehicle devices are designed so the driver is not able to do the task while driving. For example, the guidelines recommend that manual text messaging, video-based entertainment and displays of text messages and social media content are disabled while the car is operational and while the driver is driving.

The new NHTSA guidelines are voluntary so NHTSA will not be monitoring car manufacturers to ensure that they comply with the new recommendations. However, if carmakers do comply, then the simple changes made to in-car controls to follow the guidelines could save lives by reducing the number of distracted driving accidents significantly.

If you’ve been in an auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

On May 2, 2013, the Bluefield Daily Telegraph reported that a car crossed the median on Interstate 77 and hit a Fed Ex semi head on. As a result of the accident, a passenger in the car was airlifted to a hospital in Charleston and the drivers of the Honda Civic and the Fed Ex semi truck were transported to a local hospital.

Unfortunately, the Fed Ex semi truck involved in the accident caught fire, which could have been dangerous because of the hazardous chemicals it was carrying. As a 59 News update later reported, the hazardous chemicals in the truck were lithium and disodium trioxalate. The chemicals were fortunately only dangerous if they came into contact with water, which did not occur in this particular case.

Our West Virginia injury attorneys know that this fiery crash could have led to serious problems involving a chemical spill. While it is lucky that the crash didn’t have this outcome, people were still hurt and the accident should have been prevented. As the Daily Telegram suggests, something as simple as traffic barriers could potentially have prevented this accident from happening.

Traffic Barriers Prevent Accidents

Channel 59 posed the question regarding whether a barrier on the median would have stopped the Honda from crossing into oncoming traffic. A spokesman for the West Virginia Department of Transportation told 59 News that barriers are put up on stretches of highways that see the most accidents, particularly crossover accidents. That particular section of Interstate 77 had not been deemed dangerous enough for a barrier.

The spokesperson also also explained that there are two types of barriers. A cable barrier is best at keeping a car from crossing over and a concrete barrier would make the car bounce off after contact. In this case, either type of barrier may have minimized both the risks of a crash.

Traffic Accidents Due to Road Design

There are many things that can cause accidents, and the way a road is designed is often a factor in a crash. When roadways are not properly built or maintained, driver safety can be affected not just by missing guardrails or barriers but also by many other issues as well. Some contributing factors, for example, include:

• Poor placement of traffic signals
• Limited visibility
• Lack of proper drainage that leads to puddles or ice
• Pinch points
• Inadequate lighting
• Visibility of road markings
• Problems with road surfaces, such as potholes
• Missing, poorly placed or damaged barriers
• Lack of guardrails along embankments or dangerous curves
• Insufficient barriers along medians

Barriers that are placed on medians reduce the number of crossover accidents by capturing or redirecting cars that would otherwise run into oncoming traffic. Cable barriers, made of steel wire ropes, are very effective at preventing cars from crossing the median. They are also cost effective and are predominantly used on divided highways. Concrete barriers also minimize damage to the vehicle by redirecting the car.

Unfortunately, sometimes a road is lacking barriers when it would clearly make sense for barriers to be present. While it is more difficult to bring litigation against a state government, knowing all of the factors and contributing causes of a collision makes for the best starting point.

If you’ve been in an auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

According to the Detroit Free Press, West Virginia ranks 45th out of 50 states when it comes to being bike friendly. Obviously, with these statistics, the state has a long way to go in improving conditions for bicycle riders. This includes not just adding more bike paths and more bike friendly areas, but also making sure that drivers are educated about how to keep bike riders safe on the roads.

While bike safety should always be a priority, the month of May is dedicated to helping to make bike riders safer. Our West Virginia accident attorneys know that the number of bicycle accidents increases in the summer months as the weather gets warmer and as kids are out of school and doing outdoor activities. As the warm weather starts to arrive, Bicycle Safety Month comes at a perfect time to remind you to make safe biking decisions and to keep your kids safe while riding.

Bicycle Safety Month Tips

While everyone is at risk from a bicycle accident, kids are especially likely to be involved in a crash over the summer months. Kids Safe.org offers a number of different tips for helping to ensure that the risk of injury is minimized for kids riding bikes. Some of the tips include:

• Ensuring kids have a helmet on. Since 1996, West Virginia state law has required children younger than 15 years old to wear helmets while bicycling on public roads, public bicycle pathways or other public rights-of-way. Helmet use is important as a study of bike accidents from 2008 to 2010 revealed that 91.6 percent of kids in a bicycle crash had no helmet on at the time. Those without helmets had twice the risk of concussion and were more likely to be admitted to an emergency room. Further, all bike accident deaths that occurred over this time involved kids without helmets.
• Restricting where kids can ride. A child should only bicycle on sidewalks and paths until the age of 10 and should not be allowed to cycle with traffic until he is a competent cyclist and has good traffic skills and judgment.
• Using caution for night riding. If cycling after dark or low visibility conditions, the bike should have reflectors and a light and the cyclist’s clothes should have reflective materials.
• Properly maintaining the bicycle. Bikes should be checked at least once a year to ensure they are in good working order. The tires should be checked before each ride. The bike should also be appropriately sized, with one inch of clearance between the rider and top bar while the rider is standing flat-footed over the bicycle.
• Using traffic hand signals. When making a left turn, the left arm should be extended straight out to the side.  When making a right turn, the left arm should be bent in an upward motion. The left arm should be extended downward to stop.

By following these tips, hopefully kids and adults can both be safer when it comes to biking this summer season. Bike Safety Month focuses on education and awareness and everyone in West Virginia should pay attention to safety tips as part of efforts to help improve West Virginia’s rating as a bike friendly state.

If you or a family member has been injured in a bicycle accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

Recently, CNN.com shared several tragic stories about car accidents involving teenage drivers. In one such story, for example, CNN indicated that an Ohio SUV went off the road and into a pond. The SUV — which had room for five passengers — had eight teenagers in it. Six of them died.

Tragically, as our West Virginia accident lawyers know, car accidents are the top cause of death for young people between the ages of 15 and 20.  The Governors Highway Safety Association preliminary data for 2012 also indicates that the number of car accident deaths among young people is increasing, with 19 percent more 16- and 17-year-old drivers killed than the year before. The high number of deaths and the serious dangers faced by teen drivers cannot be ignored, and parents should make a point to sit down with their kids and talk about safe driving.

Teens are at Risk

It is important for parents and kids to be aware of some of the troubling facts about teen drivers. For example, as CNN reported:

• There were 2,700 people between the ages of 16 and 19 killed in car accidents in 2010.
• More than seven teenagers died every day in America in 2010 in car accidents.
• There were 282,000 teen drivers ages 16 to 19 who suffered injury in car crashes in the U.S. in 2010.
• Only 54 percent of high-school students indicated in a 2011 survey that they always wear seat belts. Every other age group had a higher percentage.
• Teens with passengers in their car are more likely to be involved in crashes.

Teens are also more likely than their parents realize to text when they drive, with Car Connection reporting that 26 percent responding to a University of Michigan Transportation Survey admitting they sent or received texts as they drove at least once every time.  Other studies have shown that teenage drivers are more likely to speed and less likely than adults to stop when they are feeling too tired to drive safely.

Talking to Your Teen

While car accidents are a leading cause of teen death, the good news is that many of them are preventable. Teens just have to be smart behind the wheel and make good choices and they will have a significantly reduced chance of hurting themselves or others.

It is up to parents to make sure that children understand the importance of safe driving. You can go over some of the statistics on car accident deaths with them to drive home the point, but you should also make some clear rules and have an open discussion about them.

For example, you can discuss the rules for riding with friends or passengers in the car; driving at night; drinking and driving; texting or using cell phones; and speeding.  Parents should also model their own good behavior, as the University of Michigan Transportation study indicated that children often mimic the driving habits of their parents.

By taking the time to talk to your teenager and by setting a good example, you can hopefully help to ensure your teen is a smart and careful driver. If you aren’t confident of this, then there are devices that you can use, including in-car cameras, to monitor what your child is doing as he or she drives. While your kids may not be thrilled about the idea, taking firm action could help to save their lives or the lives of innocent victims sharing the road.

If you’ve been in an auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

It is a given that is harder to see in the dark than it is during the daytime. Of course, most people know that night driving is more dangerous as a result of reduced visibility. You may not know, however, how great the increase in accident risk is or what to do to stay safe.

Our West Virginia injury attorneys know that you can see less at night, and that your depth perception and peripheral vision are both compromised by darkness as well. The National Safety Council (NSC) has also released information that is specific about some of the risks that night drivers face. NSC data indicates that drivers depend upon visual cues for around 90 percent of their decision-making when driving. With less visibility and more problems seeing what is going on around you, NSC indicates that the chances of becoming involved in an accident at night are three times greater than during the day.

How to Avoid a Night Driving Accident

Although it is more dangerous to drive at night, there are certain things that you can do to minimize your risk and stay safe. For example, NSC recommends:

• Regular cleaning of all lights and windows. This includes the inside and outside of the windows, as well as cleaning the head lights, tail lights and signal lights. When the lights and windows are clean, you’ll have a clearer view even at night.
• Proper alignment of headlights. Misaligned or out-of-place lights can blind other drivers and make it more challenging for you to see.
• Avoiding nicotine or smoking. The nicotine and carbon monoxide from cigarettes impairs night vision.
• Use of headlights whenever there is a potential need. It is always best to put them on even if they don’t make that much of a difference in your ability to see since the lights can help to ensure other drivers see you.
• Maintenance of a safe following distance. Driving slower and leaving more space in between you and other cars is advisable since darkness makes it harder to assess distances or to make an accurate guess as to how fast other cars are going.
• Driving within the area illuminated by the headlights on your vehicle. If you drive too fast, you can essentially drive out of the lights and find yourself with a blind spot.
• Using your low beams when there is other traffic around so you don’t blind other drivers, and looking at the edge of the road to guide your steering if you are blinded by the high beams of an approaching car.

By following these safety tips, you can hopefully reduce your risk of getting hurt in a night auto accident. Unfortunately, NSC warns that fatigued and drunk driving are both more likely to occur at night than during the day. If you encounter a drunk or sleeping driver, that person could cause an accident to occur no matter how careful you are. The drowsy or drunk driver would be obligated to pay for the costs of any accident he or she caused.

If you’ve been in an auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

At the end of February, WCHS TV.com reported on an accident on the Interstate 64 curve coming into Charleston. According to WCHS TV, traffic was tied up for hours when a logging truck flipped over and lost its load while going around the curve. 

Our West Virginia accident attorneys know that this recent accident on the curved road is not the first to occur in the same location. Motorists have complained in the past that the area is dangerous, and a spokesperson for the West Virginia Department of Transportation told WCHS TV that a lot of accidents occur on that stretch of road.

Dangerous Roads Raise Questions About Solutions

According to WCHS TV, the spokesperson for the West Virginia Department of Transportation indicates that many of the accidents that occur at the dangerous curve happen as a direct result of speeding drivers. Excessive speed around a curve can significantly boost the chances of a driver losing control, especially when the driver is operating a top-heavy vehicle such as a truck or an SUV.

Because of a belief that excessive speed is the cause of crashes, the West Virginia DOT likely will not put more signs up nor make more changes to the area. The DOT spokesperson told WCHS TV that there are already numerous signs on both the eastbound and westbound roads. The signs have a tilted truck symbol and have large arrows going in both directors to let drivers know they are entering into the curve.

When asked if the DOT would consider additional signage, including an Amber Alert-type warning sign, the DOT representative indicated a belief that no amount of signs would make a difference in cutting the number of accidents. He asserted that ultimately drivers need to take responsibility for slowing down, especially when they have been warned about the curve.

Responsibility of Government Agencies to Make the Roads Safe

When an accident happens and there is a potential problem with the road that may have contributed to the car wreck, it is important to find out why the crash occurred and what can be done to stop any future accidents. The DOT spokesperson said there is often an active investigation after an accident to evaluate whether there are ways to make the roads safer.

Certain roads may also be designated as targeted enforcement areas, which means law enforcement steps up efforts to enforce driver safety laws in those areas.

Government agencies such as the DOT have an obligation to take the steps of investigating accidents and correcting any major problems in street design to reduce obvious risks faced by motorists on the road. While the government agencies responsible for road design and maintenance do have some limited protections against liability, the protections are not absolute. Thus, those in charge of road maintenance must ensure they do their jobs to keep people safe and avoid being negligent in a way that could make them responsible for auto accidents caused by bad road design.

If you’ve been in an auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.

If you know a driving behavior is dangerous, would you do it anyway? It seems like the answer to this question should be an obvious no. After all, everyone knows that auto accidents can be deadly, so why engage in behavior that ups your chances of becoming involved in a crash? Unfortunately, a recent study conducted by the AAA Foundation for Traffic Safety indicates that there are many drivers who are aware that certain behaviors are dangerous but who are doing these things anyway.

Our West Virginia car accident lawyers believe that the results of this new AAA study are very important. They show how much room for improvement there is as far as drivers making smart choices. We urge everyone to take a look at the survey results and to make the commitment not to do things they know are dangerous when they drive.

The AAA Foundation for Traffic Safety Survey

The AAA Foundation for Traffic Safety survey is called the 2012 Traffic Safety Culture index. The survey asked drivers whether they viewed a specific driving behavior as bad; whether they thought that society as a whole disapproved of the behavior, and whether they engaged in the behavior. Here is what AAA found:

• Most drivers said drinking and driving is met with strong disapproval and is extremely dangerous. Yet, 2.1 percent said that in the past month they may have driven while over the limit. In total, 14 percent of drivers said that at least once in their lifetime they may have driven while impaired.
• 48.6 percent — almost half — of drivers said that using cell phones should be banned outright when driving, even if hands free devices were used. Yet, more than two-thirds of the drivers surveyed said they had chatted on a cell in the past month as they drove.
• Almost every driver said that it was extremely risky to send emails or to send or read a text message as they operated their vehicles. However, one in four said they’d done one of these actions in the past month.
• Speeding 15 mph or more over the limit on a highway was a behavior that 49.6 percent of drivers admitted to doing in the past month. However, only one in four drivers said they thought speeding was acceptable.
• 38.4 percent of drivers had run a red light in the past month, although the majority of the drivers described this behavior as dangerous.
• 45.9 percent of drivers had fallen asleep while driving one or more time in their lives, although, again, most drivers described drowsy driving as really dangerous behavior.

Unfortunately, the results of the AAA survey revealed that most drivers know these risky behaviors are dangerous and increase the risk of an auto accident. Yet, despite having this knowledge, drivers do not seem to act on it. Instead, drivers choose to do things that they know are dangerous and that are, in some cases, against the law.

These study results were disappointing and show that many drivers should take responsibility for making safer choices for themselves. Unfortunately, drivers who do things they know are dangerous don’t just risk their own lives. Innocent victims can be affected as well when a car accident occurs.

If you’ve been in an auto accident in West Virginia, contact the personal injury attorneys at Recht Law Office at 1-800-HURTLINE.

In late January, an auto accident occurred in Charleston, West Virginia, along Route 3 when a car crashed head-on into a truck. According to a news report on the accident, West Virginia state police attributed the cause of the crash to bad winter weather conditions.

Our West Virginia personal injury attorneys urge every driver to be prepared for winter weather, to be alert for winter weather advisories that may be issued and to follow safe winter driving tips.

Staying Safe from Winter Weather Accidents

The tragic crash in this case was attributed to snow and ice on the roads. Ice, and especially black ice, can create a situation where vehicles lose traction and where drivers lose control. Ice can cause a vehicle to skid or to spin out and unfortunately, the natural instinct to slam on the brakes can sometimes make the situation much worse. Bad winter weather can also impede visibility as snow, heavy rain and fog can make it very hard to see.

Unfortunately, all of these winter weather conditions and all of the dangers created by bad weather contribute to causing many auto accidents during the cold months. Every driver needs to learn some basic safe-driving tips during the bad weather months in order to avoid becoming the victim of a crash. For example, drivers should:

• Listen to the news and check for winter storm or winter weather advisory warnings before planning to drive. If there is a driving warning or bad weather warning, do not drive unless you absolutely have no choice but to brave the weather.
• Leave yourself plenty of time to get to your destination and avoid speeding. In many cases, you may need to actually drive at a speed that is below the normal speed limit in order to avoid a crash.
• Leave ample room to stop by keeping several car lengths between you and the vehicle in front of you. Bad weather is no time to tailgate.
• Use your brakes gently to avoid skidding. Leaving plenty of space between the car in front and going slowly will allow you to avoid slamming on the brakes.
• Use low gears on hills or if you are in danger of losing traction on your vehicle.
• Keep your car in good repair and make sure to have the car and tires checked regularly by a qualified mechanic.
• Don’t let your gas tank get too low because you never know when you might be trapped in a snow-related traffic jam. You do not want to run out of gas.
• Don’t ever pass a sanding truck or a snow plow and give these vehicles wide berth.
• Learn the proper techniques for managing a skidding vehicle. The techniques differ depending on whether your front wheels or back wheels skid. Weather.com provides tutorials for both.

Hopefully, by following these winter safe driving tips, you can avoid becoming the victim of a crash during cold, icy and snowy West Virginia winter days.

If you’ve been in an auto accident in West Virginia, contact the personal injury attorneys at Recht Law Office at 1-800-HURTLINE.

Car accidents are a top cause of death in the United States, and there are a lot of reasons for this unfortunate statistic. Most people are aware, for example, that drunk drivers on the road pose a menace to the safety of all drivers. However, studies show some other drivers are just as dangerous as intoxicated drivers. These drivers are people who are too tired to think clearly and act quickly and who, in many cases, are literally falling asleep at the wheel.

Our West Virginia accident attorneys have recently taken a close look at a new study that was designed to reveal how many drowsy drivers are on the roads throughout the United States. The study contains some important details on the dangers of drowsy driving that everyone in West Virginia needs to be aware of.

Drivers are Dozing Off  Throughout the U.S.

The recent study on drowsy driving was conducted by the Centers for Disease Control and Prevention (CDC). With more than 147,000 people surveyed, the study was the largest ever performed on the subject of drowsy driving.  It was conducted via the telephone and people in 19 states in the U.S. received telephone calls, as well as people in Washington, D.C.

The questions asked via the telephone survey requested that respondents share details about their sleeping habits, about their work schedules, and about their behavior when they were driving. One of the key questions asked in the study was whether the responding driver had fallen asleep behind the wheel any time during the past 30 days. Falling asleep was defined as nodding off or closing the eyes even for a few seconds.

The study results were surprising and upsetting, especially in light of the fact that many drivers may fall asleep for just a split second and are not even aware of it. Despite the fact that the numbers may have been underreported, far too many people said they had dozed off in the 30 days before answering the phone survey. For example:

• Of all drivers surveyed, 4.2 percent said that they had fallen asleep.
• Of all male drivers surveyed, 5.3 percent said they had fallen asleep.
• Of all female drivers surveyed, 3.2 percent said they had fallen asleep.
• For drivers ages 18-44, 4.9 percent said they had fallen asleep.
• For drivers over 65, 1.7 percent said they had fallen asleep.
• For drivers who were retired, only 1 percent said they had fallen asleep.

The data revealed that sleep habits played a big role in whether a driver had dozed off or not, with those who snored or who got less than 6 hours of sleep per night more likely to admit to drowsy driving. Educational attainment, on the other hand, was not a factor that had an impact on dozing off.

Unfortunately, as these statistics show, there are lots of drowsy drivers out there — including right here in West Virginia. These drivers put themselves and everyone else in a position where the chances of a crash are much higher.

If you’ve been in an auto accident in West Virginia, contact the personal injury attorneys at Recht Law Office at 1-800-HURTLINE.

On January 14, 59 News WVNSTV reported that a worker was killed near the  Loveridge Preparation Plant in West Virginia. The death occurred when a bulldozer rolled down the hillside and trapped the worker. The bulldozer has a weight of 18,000 pounds and although law enforcement responded to the accident scene, the worker could not be saved.

Our West Virginia work injury attorneys were sad to hear of the death of this worker in such a tragic accident. Unfortunately, this is not the first time a worker has been crushed by equipment on a work site and it likely will not be the last. Workers and employers should make every effort to ensure that these incidents do not occur, and safety procedures should be put in place to protect workers from being harmed by the equipment they are using to do their jobs.

Crushing and Back-over Injuries at Work

When a worker is killed as a result of being trapped under equipment, the injury could be classified in several ways. It could be considered a back-over accident, which is an accident that happens when a car or a piece of equipment rolls backward and crushes a worker. According to the Bureau of Labor Statistics, 79 workers lost their lives in 2011 as a result of back-over incidents.

The worker’s death in such a situation could also be considered a “crushing” injury. The Bureau of Labor Statistics reported that 84 workers were killed in 2011 as a result of being crushed by a falling structure or being crushed under equipment or materials. The bulldozer in this tragic case rolled several times down a hill, trapping and crushing the worker.

Both back-over and crushing accidents are tragic situations that should not occur in workplaces. It is up to employees to be careful about their safety and up to employers to have safety policies and precautions in place to prevent these tragic accidents from happening.

Protecting Workers from Harm

Regardless of how the bulldozer accident is classified by the Bureau of Labor Statistics, it is clear that something went wrong on this worksite and that it led to the workers’ death.

To prevent more incidents like this from occurring, employers need to ensure they are following OSHA guidelines for:

• Equipment maintenance
• Equipment use
• Training for those operating equipment

It will also be important to investigate the specific cause of this accident to determine why the bulldozer rolled down the hill. If the problem was not with the employer’s safety procedures or with the operation of the bulldozer, then the incident may have been caused by a defect in the bulldozer itself. If this was the case, then the manufacturer of the bulldozer could potentially face a personal injury lawsuit by the surviving family members of the injured worker. If the incident occurred as a result of the employer, on the other hand, then a workers’ compensation claim could be made by surviving family members to obtain death benefits on behalf of the deceased worker.  The ability to obtain compensation or benefits is very important to financially protect family members of workers who are killed.

If you’ve been in a workplace or equipment auto accident in Ohio, Pennsylvania or West Virginia, contact the personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE.