There is no such thing as a small motorcycle accident. While these accidents cannot always be avoided, there are things that motorcyclists can do that can reduce the risk. 

Our friends who operate motorcycles need to do everything possible to protect themselves.  Now that our weather is changing from winter to spring and summer our clients who drive motorcycles are out and about enjoying the weather and the freedom a motorcycle brings. 

At the same time, the more motorcycles that are on our highways the more opportunities there are for motorcyclists and their passengers to be injured by the negligence of a person operating a car or truck.  Motorcyclists know better than anyone that for whatever reason persons who operate cars and trucks simply do not see and often times ignore the motorcycle coming directly in their path.  As a result, motorcyclists and their passengers are severely injured and killed on an all too frequent basis. 

 People who operate motorcycles are reminded to drive defensively, always have your headlight on, and always wear your helmet.  Protective clothing, eye protection and boots will also protect you from injury. 

Also, there is an increasing number of motorcycle wrecks that occur because the driver is drunk or intoxicated.  Every weekend there is a poker run or motorcycle rally in our area.  Often times the venues are bars and restaurants that serve alcohol.  What occurs from time to time is that the person driving the motorcycle might have 1 beer or drink at each stop.  If there are 6 stops then there are 6 beers.  You see the point!

Don’t let a good time turn into a lifetime of pain, suffering and mental anguish.  Protect yourself, protect your passenger and protect your future.  
 
I represent people who are seriously injured in motorcycle accidents in Clarksburg, Fairmont, Elkins, Morgantown, Buckhannon, and throughout North Central West Virginia.  These injuries often result in broken bones, head injuries, and unfortunately death.  If you or someone you know has been seriously injured or killed in a motorcycle accident, contact the West Virginia Motorcycle Accident Attorneys of Colombo & Stuhr PLLC at 800-860-1414.

With the mining accident that occurred recently in Raleigh County, West Virginia many people, including coal miners, have asked us “what does it take to sue a coal company”.  This question is interesting and is more complicated than one might think.

 First, simply because someone has been hurt or killed in a coal mine does not by itself mean that you can file a lawsuit against the coal company.  West Virginia law recognizes that bad accidents occur in the work place, including coal mines, and that by itself does not mean the injured worker can sue the company.  In fact, that is why the West Virginia Workers’ Compensation Fund was designed.

 If a worker has been injured or killed in a coal mine the first line of compensation and sometimes the only remedy is through the West Virginia Workers’ Compensation Fund.  The West Virginia Workers’ Compensation Fund works in essence as a “no fault” system where the employee/worker does not have to prove that the coal company did something wrong.  Typically, if the worker was injured on the job then Workers’ Compensation would pay for the injured worker’s medical expenses and provide additional compensation for lost wages.  This is what typically happens. 

 However, there are circumstances where the employee, or the employee’s family, can go around workers’ compensation and sue the coal company for what is referred to as “deliberate intent”.  This is an exception to the Workers’ Compensation Statutes that allow a miner, or a miner’s family, to directly sue the coal company for damages in circumstances where all of the following facts can be proven:

A. That a specific unsafe working condition existed in the work place 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 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 state or federal safety statutes, rule or regulation or of a commonly accepted and well known safety standard within the industry;
D. The employer intentionally exposed an employee to the specific unsafe working condition; and 
E. The employee exposed suffered serious injury or death as a direct and proximate result of the specific unsafe working condition.

In these circumstances the worker, or worker’s family, can directly sue the coal company for wrongful death damages which include the conscious pain and suffering of the coal miner prior to his death, the funeral expenses, as well as sorrow, mental anguish, loss of companionship suffered by the family as a result of the death of their loved one.  However, punitive damages are not permitted under West Virginia law in these circumstances. 

 If anyone has questions concerning the mining accident that occurred in Raleigh County or has questions about work place accidents or needs assistance in any of these areas, please give us a call at (304) 599-4229 or  (888)-860-1414.

Locals know the West Virginia roads are not the best. Unfortunately this is true as West Virginia is ranking in the top 5 for both America’s deadliest roads and deadliest for DUI. That’s according to Reader’s Digest magazine, which assessed recent data on road and bridge conditions, congestion, spending on roads and overall safety.

No. 1 for deadly DUI drunk driving accidents was Montana, followed by South Carolina, Louisiana, Wyoming, and West Virginia at number 5.

No. 1 for deadliest roads was Montana followed by Louisiana, South Carolina, No. 4 West Virginia, and Arkansas.

Check out Reader’s Digest’s web site to see more details.

Hundreds of road construction and improvement projects underway in the state, according to the West Virginia Department of Transportation. But this introduces another potential problem: highway work zone car crash accidents.

Such fatal accidents claim more than 800 Americans each year, so it’s vital that drivers respect warning signs and cones that alert them to highway construction areas.

Meanwhile, Colombo & Stuhr Attorneys at Law encourages all West Virginians to respect road signs, road work and whatever it takes to travel safely from point A to point B. Your life, and others’ lives, can depend upon it. And if someone else injures you in a West Virginia car crash accident, perhaps we can help.

This is a QR Bar Code.

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Scan this Bar Code using a Smart Phone Bar Code Scanner to get the contact information of Colombo & Stuhr Attorneys at Law, a personal injury law firm in Morgantown West Virginia. 

What Is A Qr Bar Code and Why Would I Scan it? 

The Qr bar code was created by Japanese corporation Denso-Wave in 1994; for years it was used primarily for warehouse tracking.  Already poplar in Japan the 2D bar code automatically gets our contact information to your phone where you have the option to either erase it, dial our number, email us, or store our information for later. 

If you have a smart phone you can scan this image with your bar code scanner application and the phone number, e-mail address, name, and url of West Virginia injury attorney Dino Colombo will appear on your phone. Then, you have the option to with one touch; “Call the number”, “Send and Email”, “Store in Contacts”, or discard the information, and more. This is a quick and easy way of copy and pasting information directly into your mobile phone. Trust me, it is good to have a Personal Injury in your list of “Contacts”.

It is like copy and paste; it saves paper and is very convenient.

Here is a list of bar code scanner applications available for download. Be sure to match the program with your phone and operating system.

If you or someone you know has been involved in an accident in the areas of Clarksburg, Morgantown, Fairmont, Bruceton Mills, Cheat Lake, or other Northern West Virginia communities please contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

Survive your drive with these tips from Walter Irvine, an instructor at the Skip Barber Racing School, in Lakeville, Connecticut.

What If...?

… a car is heading straight toward you in your lane?
“Try to get their attention [honk, flash your lights], but also look ahead and plan for an evasive reaction. Do not stare at the oncoming vehicle,” because your car follows your line of sight. “Look where you want to go, not where you are heading.”

...a car is tailgating you and honking wildly?
“Pull over and let it by.”

… a car is swerving ahead of you and the driver is clearly impaired?
“Give him room, do not tailgate, and, again, do not fixate on him.”

… a deer darts in front of your car?
“Calmly attempt to avoid it with as little braking and steering as you can.”

… you come to a four-way stop?
“Always try to establish eye contact with drivers waiting to proceed. If you see them looking at you, you know it is safe.”

… you’re blinded by the sun?
“Don’t overreact by slamming on the brakes or swerving. Continue on your path so you are predictable to other vehicles.”

... you get a yellow light as you approach an intersection?
“You should never go through a yellow light if you have the ability to stop safely.”

… you’re about to be rear-ended?
“Take your foot off the brake. If the car behind you hits you, the impact will be lessened if your car can roll forward.”

If you or someone you know has been seriously injured or killed in an automobile accident, contact the West Virginia Auto Accident Attorneys of Colombo & Stuhr PLLC at 800-860-1414.

The acceleration and braking defects on Toyota vehicles have been blamed for numerous collisions over the past two years. Several people have been killed as a result of crashes caused by these defects.

My firm is currently investigating cases involving injuries or deaths resulting from the faulty accelerators and breaking systems. If you or a family member has been involved in a wreck with one of the recalled vehicles, please contact my office today to discuss your case.

From Toyota.com:

Which models are involved in the sticking accelerator pedal recall/stop sale?
Toyota's accelerator pedal recall and suspension of sales is confined to the following Toyota Division vehicles:

• Certain 2009-2010 RAV4*,
• Certain 2009-2010 Corolla*,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• Certain 2007-2010 Camry*,
• Certain 2010 Highlander*,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

*Highlander hybrids and Camry hybrids are not involved in this action and will remain for sale. Further, Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with "J" are not involved.

Which models are involved in faulty ABS breaking system?

This recall involves approximately 133,000 2010 model year Prius vehicles and 14,550 Lexus Division 2010 HS 250h vehicles.

If you have not been injured but drive one of the recalled vehicles, please immediately contact your local Toyota dealership to discuss repairs or replacement vehicles. If you have been injured, you want an attorney who can help you get the medical care you need and fight to get you the money you deserve for your injuries.

If you or someone you know has been involved in an accident related to the Toyota Recalls, contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

The Department of Transportation says that in 2008 more than 5,800 people, or 16 percent of all highway fatalities across the nation, died in a distracted-driving accident, and that 515,000 were injured. Perhaps it is this kind of information that has caused 23 states to debate bans on texting while driving — 19 already have laws in place.

Bills were introduced in both the House and the Senate last week that would ban texting while operating a motor vehicle in West Virginia. The House bill would impose a $25 fine, but the Senate bill has a little more teeth. Under that proposed bill, the fine would be $100 and offending drivers would have three points added to their license. Both bills make texting while driving a secondary offense, meaning an officer could not stop a driver for that particular offense. But if a driver is pulled over for some other moving violation, they could be cited for texting.

Accidents can happen in an instant. You might look down to change the station on your radio. You might be reaching for a ringing cell phone. You might be taking a sip of coffee on the commute to work. But taking your eyes off the road for just a few seconds could be costly. And the currency could be lives.

And if those scenarios take the attention of a driver for a second or two, imagine how long of a distraction texting a message could be be. Some studies show that the effect of texting on the brain reduces the ability to safely operate a vehicle by 37 percent — as much as the legal limit of blood alcohol content. There’s no message on Earth so important that a driver should risk damage to property or lives to send it. Perhaps only the threat of a fine or points on a license would cut the frequency of distracted driving.

Leaders in Washington, D.C., want to send a message, too. Sen. Charles Schumer, D-N.Y., has introduced federal legislation that bans e-mailing or texting while driving. If the proposed legislation passes, states would risk losing 25 percent of federal highway funds if they fail to pass or enforce the measure.

Though a similar texting bill was introduced during the 2009 regular session, state lawmakers failed to pass it into law. We hope this year, lawmakers get the message — texting while driving is deadly. And it shouldn’t take the threat of losing highway funds to make this law happen.

Driving while texting (DWT) is nearly as dangerous as driving while intoxicated (DWI).  If you or someone you know has been injured or killed in a car accident involving a cell phone or text messaging, contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

As a West Virginia injury lawyer handling truck accidents, I have found the web site published by the Truck Safety Coalition very helpful. The organization is a partnership between The Citizens for Reliable and Safe Highways (CRASH) Foundation, and Parents Against Tired Truckers (P.A.T.T). The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.

Recently, the Truck Safety Coalition issued a report card based on truck accidents that have occurred throughout the U.S., ranking the worst truck accident states. The Truck Safety Coalition looked at the number of truck accident deaths that occurred for every 100,000 people. Over 114,000 people were injured in truck accidents in 2005, and 5,200 people were killed in truck accidents, making the average number of truck accidents with fatalities 1.76 deaths for every 100,000 people.

West Virginia ranked as one of the 10 states with the highest average of truck accident deaths per population. Others included Kentucky, Kansas and South Carolina.

If you or someone you know has been seriously injured or killed in a truck accident, contact the West Virginia Truck Accident Attorneys of Colombo & Stuhr PLLC at 800-860-1414.

My law firm has represented numerous car accident victims who have sustained life-altering injuries. We know how dangerous driving can be and how important it is to be as safe as possible. Of course, you can't completely control what happens when you're on the road, but you can take action against aggressive driving.

There are two parts to combating the effects of aggressive driving – being polite behind the wheel and backing off from aggressive drivers. According to AAA, aggressive driving can double your chances of getting into a car accident, so observing the following rules can make a big difference in everyone's safety on the road:

Being a Polite Driver

• Don't block or drive under speed limits in passing lanes.
• Don't fill more than one parking space.
• Never tailgate (this is a major cause of rear-end collisions).
• Avoid yelling out of your window.
• Don't speed up when someone tries to merge into your lane.

Avoid Aggressive Drivers

• Let aggressive drivers win the driving "battle" – there's no point in fighting them.
• Don't challenge them by honking your horn, racing, or flashing your lights.
• Avoid making eye contact.
• Ignore gestures and don't return them.
• Report unsafe driving to law enforcement.

And remember, you should always wear your seat belt and avoid talking and texting when you drive.

Colombo & Stuhr recently completed a 12 week video series titled "Legally Speaking" that was televised on WDTV. The series was aimed to help consumers make informed decisions regarding a variety of  legal issues.

Each week we focused on a different topic aimed to help inform the viewing public. We started off by discussing how our law firm handles cases and explained how to make informed decisions that will be financially sound . 

In week 2, the topic was "Who do you call first after an accident?" providing valuable information regarding the appropriate steps to take after a car, truck or motorcycle accident.

Week 3 covered "How cases get resolved." The discussion centered around the difference between settlements and cases that go to trial.

Next we discussed "Insurance coverage." Types of coverages, limits of liability, state minimum coverage, the uninsured and the underinsured were covered.

In week 5 we introduced our exclusive "eCase Status" system that allows us to provide near real time updates to our clients' cases 24/7 via our website.

Our website was the week 6 topic, which currently features answers to Frequently Asked Questions and other useful information that can be accessed anytime for free.

The next topic was "Medical payments coverage" on your automobile insurance policy and how it can help when you are involved in a car, truck, or motorcycle accident.

Motorcycle accidents led the discussion in week 8. We talked about how motorcycle accidents can be among the worst accidents, especially when the accident involves a car or truck.

Have you ever thought to yourself "Do I need a lawyer?" We discussed how a qualified and trusted attorney will handle your case and can help you get through your situation in the best possible way.

Week 10 we covered health insurance and medical expenses after an accident. Who pays the bills before your case is resolved?

One of the questions we get asked most often is "How much is my case worth?". We cover this topic in order for you to make a better informed decision regarding your situation. 

In the final episode, the advice given was "Hire an experienced lawyer that is looking out for your interests"

Thanks for watching!