Automobile Accident Statistics and Injury Prevention

Between the years of 2000 and 2005 there were over 6 million auto accidents in the United States. In each of those years approximately 2.9 million people were injured and over 42,000 people were killed. About 115 people are killed every day in vehicle crashes in the United States. In 2007 there were approximately 300 million people in the United States. Of the people killed in automobile accidents in 2007 approximately 20% were passengers. In 2007 approximately 5,000 people were killed in motorcycle accidents. Also, in 2007 approximately 4,600 pedestrians were killed in accidents involving motor vehicles. There were 255 million vehicles registered and approximately 200 million licensed drivers.

The motorists advocacy group AAA reports that accidents cost $162 billion each year. The cost of auto accidents to each American is more than $1,000 a year. Also, according to AAA car accidents involving drivers 15 to 17 years of age cost society more than 34 billion in medical expenses, property damage and related costs in the year 2006. 15-18 year old drivers were involved in 974,000 crashes that injured 406,427 people and killed 2,541. According to the Center for Disease Control motor vehicle crashes are the leading cause of death among U.S. teens, accounting for 36% of all deaths in this age group.

So, what can be done to protect motorists from injury and death caused by motor vehicle accidents? The answers to this question are as follows:

1. Don’t’ drink and drive. Don’t ride in a car when the driver has been drinking.
2. Require your teenagers to enroll in driver safety programs.
3. Drive large vehicles. Full sized passenger cars weighing over 4000 pounds have a lower injury and fatality rates.
4. Lower your speed. Speed kills.
5. Practice defensive driving.
6. Stricter enforcement of traffic laws.
7. Make drivers who cause accidents criminally and civilly responsible.
8. Lower the center of gravity on Vans, SUVs, and pick-ups to prevent roll over accidents.
9. Incorporate some form of roll cages in vehicles.
10. Incorporation of more safety glass in vehicles.
11. Restricted licenses for the elderly and those with poor vision.
12. Better highway design. Fix the bad roads before we build new ones.
13. Raise insurance rates for at-fault drivers and lower them for safe drivers.
14. Better DMV reporting of traffic infractions to insurance companies.
15. Use of and incorporation of safety equipment such as seat belts, air bags, side curtain air bags, crumple zones and energy absorbing bumpers.
16. Don’t drive if you’re tired.
17. Raise the driving age to 19.
18. Require drug and alcohol testing for all traffic infractions.

 - John H. Bryan, West Virginia Car Accident Attorney.

Hearse Leading Funeral Procession Involved in Head-on Collision in Beckley – Creates Unique Car Accident Law Issues

From the Register-Herald today:

A hearse from Ritchie & Johnson Funeral Parlor leading a funeral cortege was involved in a head-on collision Monday shortly after noon.
Rick Barbero / Register-Herald Photographer

A hearse leading a funeral cortege was involved in a head-on collision Monday shortly after noon, according to the Beckley Police Department.

Police said the Ritchie & Johnson Funeral Parlor hearse was traveling northbound around the 900 block of South Kana-wha Street when it was hit by a 1993 Chevrolet Cavalier driven by Amanda Bonds. Police did not release her age and hometown.

Police said Bonds was traveling south when her vehicle struck a 2007 Chevrolet Avalanche on its driver’s side. Bonds’ vehicle continued south before crossing the center line and hitting the hearse head-on.

The funeral procession was held up for about 30 minutes while the casket carrying the deceased was transferred to another hearse. All of the funeral procession vehicles were using headlights and emergency flashers en route to the cemetery, funeral home officials said.

Police said the accident investigation is ongoing, but citations were pending.

This is an awful situation to have a hearse involved in a head-on collision while actually leading a funeral procession. To those of us who are West Virginia car accident lawyers, this situation creates some extremely unique car accident law issues. For instance, citations are “pending,” but who is going to get cited? There will be several different insurance companies involved, as well as workers compensation. Liability will have to be determined between the three drivers involved. Lastly, given that the hearse was itself struck, there could potentially be some damages claimed by the family of the deceased occupant of the hearse, depending on the circumstances.

Read the full article here.

– John H. Bryan, West Virginia Car Accident Attorney.

Should You Contact an Attorney After a Car Accident in WV?

Should you contact an attorney after a car accident in West Virginia?

The short answer is, that it depends. If the car wreck was minor and there obviously have not been any injuries, then it may not be necessary to contact a car accident lawyer in West Virginia. However, if you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different.

Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. It is especially important to contact an car accident lawyer immediately if any of the following events have occurred:

– An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
– A death has resulted from the accident;
– Fault is clearly an issue;
– Other parties were involved such as pedestrians or other autos;
– The accident occurred in a construction area;
– A police report does not accurately describe the accident and puts you at fault;
– Important technical, legal or medical issues are involved;
– The limits of your liability insurance are low,
– You have no insurance, or your insurance company suggests that you did not pay your premium.
– Your insurer starts “acting funny.”
– Your insurer involves its own attorney

Other reasons to speak with a West Virginia car accident lawyer include:

– Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
– Unsure if other insurance (homeowners, travel, etc.) may be available;
– Fault may be an issue;
– Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
– Seeking information on how to handle negotiations with an insurer;
– You don’t know your rights;
– Confused over the terms of your policy;
– Needing an expert to review confusing paperwork or forms.

– John H. Bryan, West Virginia Car Accident Attorney.

Importance of Seat Belts in WV Car Accident Law

West Virginia, like almost every other state, has a mandatory seat belt law. Thus, there is a limited “seat belt defense” which means if you are injured in a car crash while not wearing a seat belt, and the injury was caused or made worse due to the lack of a seat belt, the amount of damages you can collect may be reduced.

In other words, you are “comparatively negligent” and therefore are partially responsible for causing your own injuries, even if you were not responsible for the accident itself. It is important to consult an experienced auto accident attorney for advice regarding your particular situation.

– John H. Bryan, West Virginia Car Accident Attorney.

Who Pays for Property Damage and Medical Bills after a Car Accident in WV?

Who pays for property damage and medical bills after a car accident in WV?

The answer to this question depends on your own financial resources and the circumstances of the accident.

Typical sources of compensation for damages sustained in a car
accident include:

(1) Your Car Insurance Company – Whether your insurance will compensate you for your loss depends on your insurance contract. In many contracts, there are considerations for both the first party (you and your vehicle) and any third parties (passengers, other drivers; and their property). Some contracts provide medical coverage for personal injuryof the insured and your passengers. In West Virginia, this is called “med pay,” and usually ranges from about $5,000 to $10,000. It is also important to note that any medical payments made by “med pay” will have to be paid back if you end up receiving a settlement or judgment. The policy may pay for collision repairs and possibly for a car rental while your damaged car is being fixed.

(2) Your Health Insurance Provider – You may have private health insurance or belong to an HMO. In the event of a personal injury from a car accident, you can ask your health insurer to pay for medical treatment. Sometimes, private health insurance plans or HMOs require you to seek recovery from your auto insurance company before the health organization will pay or provide medical treatment. Like “med pay,” in West Virginia, your health insurance will have a lien on any future settlement or judgment that you obtain. So it is important to realize that any future recovery that you receive will automatically subtract these subrogate amounts before you receive a dime of the recovery.

(3) Other People Involved In the Accident – In addition to the three sources above, you may be able to seek recovery from other people who were involved in the accident. West Virginia is an “at fault” states, so this option depends on how fault is apportioned among the other driver(s). This is also subject to the comparative negligence analysis (see my prior posts regarding “fault”). If you are “at-fault” for an accident that occurred in a “fault” state, contact your insurance company. It is the company’s job to defend you in court or to negotiate a settlement.

– John H. Bryan, West Virginia Car Accident Attorney.

What Compensation Can I Get After a Car Accident in West Virginia?

What kind of compensation can I qualify for after a car accident?

Millions of car accidents occur each year, injuring people and damaging property. Where a matter is very minor, many people file reports with the police, tell their insurance company, and pay the losses out of their own pocket. But all too often the matter is not minor, and can cost you significant amounts of money, time, inconvenience, and pain.

If you’re injured, you’ll likely require medical attention and may need rehabilitation, both of which can be expensive. A car accident may cause you to lose income or have to use sick leave because of injury, treatment, and recovery. You might have damage to your car. While your car is being repaired, you may have to rent another car. You may lose the ability to perform various activities of normal daily living, for a while or long term. You may endure pain and suffering.

You may seek recovery after an accident to “make you whole again.” You should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident.

In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver’s reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous — a defect—- that the manufacturer should have corrected.

– John H. Bryan, West Virginia Car Accident Attorney.

How Long Will My West Virginia Car Accident Case Take And What Should I Expect?

This is usually a question I get from every client. Most clients ask this question hoping that my reply will contain a specific and short period of time. The answer always will have to be “it depends.” However, it almost never is a quick process. It almost always is going to depend on a number of factors, including the specific injuries suffered by the client, and his or her treatment, court scheduling and the particular issues in the case. The general process is usually the same:

INVESTIGATION: Any car accident case should be extensively investigated before the case is every filed. This includes obtaining all medical records regarding the client’s injuries and relevant medical history. The medical records will establish the basis of your medical damages. The investigation will also establish the liability of the parties to the car accident. In other words, which driver was at fault? If both drivers were partially at fault, which driver was more than 50% at fault? This includes questioning witnesses, examining the reports and statements, and hiring experts to review the facts of the accident. All of this evidence must be compiled to present at the trial of the case.

DEMAND: After the investigation is complete, and after the client has reached MMI, or maximum medical improvement, a demand is usually submitted to the other driver’s insurance company. This will include all of the relevant medical records and medical bills to establish damages, and should also include any other documents establishing other damages, such as lost wages, future lost wages, pain and suffering and other expenses. Sometimes cases are settled prior to filing a lawsuit. Sometimes however, the parties are unable to agree on liability or amount of damages, and the Complaint must be filed.

FILING: The lawsuit, called the Complaint, is drafted and filed by your attorney in the appropriate West Virginia Circuit Court. Once the case is filed, the other party is summoned to file an Answer. The other party’s insurer will have either a private law firm, or their own employees who are attorneys (in effect many insurance companies, such as Nationwide or State Farm, have their own law firms in West Virginia, but they call them “employees”) file an Answer to the Complaint. The Court will then file a Scheduling Order (the parties do have some say in the general dates used by the court) establishing the discovery deadlines and then the trial dates.

DISCOVERY: Discovery is the fact-finding process by which attorneys for plaintiffs and defendants formally investigate the claims and defenses of the case. This will include written discovery, such as interrogatories (written questions), requests to produce documents and/or things, and requests to admit certain facts. The various parties must answer all these forms of written discovery under oath. Discovery also includes depositions. Depositions are formal proceedings in which parties and/or witnesses are sworn under oath and the attorneys involved in the case are given an opportunity to question the witness. These proceedings are always recorded by a court reporter that will prepare a written transcript of the questions and answers. This transcript can be used at trial in different ways depending upon the particular state rules. In every court, the transcript can be used to “impeach” a witness if he or she gives a different answer at trial than in their deposition.

MEDIATION: Either by court order, or by agreement, the parties may agree to mediate the case at some point before trial. Mediation is an informal process where both sides meet with a mediator, a neutral person, usually an attorney. The mediator works with the parties to try to reach an out-of-court settlement. If successful, the case ends at this stage. Of course, the parties can agree to a settlement without the need for mediation, although in West Virginia car accident cases, mediation is a common means of resolving meritorious cases.

TRIAL: If the parties cannot agree to a settlement prior to the trial date, the case will be tried, almost always to a jury. The number of jurors in West Virginia car accident cases is 6. Other states use either 6, 9 or 12. The jurors must be unanimous in their verdict. The jury’s job is to decide issues of fact. The judge will decide issues of law. The trial will proceed through the steps of jury selection, opening statement, plaintiff’s case, defendant’s case, rebuttal, closing arguments, jury instruction and jury deliberations. Once the jury reaches a verdict, the judge will, in most cases, enter that verdict as a judgment. Either party may file post-trial motions challenging the verdict. Once the judge has ruled on these motions, the judgment is final. Once the judgment is final, either party may appeal the decision for any one of numerous reasons. However, most successful appeals are based upon assertions that the judge has made an error in a legal ruling, not simply that the jury’s decision was wrong.

The entire process, from beginning to end, can take several years and cost thousands of dollars. Because of this, an experienced lawyer will carefully screen cases, proceeding only on cases that he believes are supported by the facts and the law.

– John H. Bryan, West Virginia Car Accident Attorney

Calhoun Teen Dies in Wreck

From the Charleston Gazette:

Calhoun teen dies as unbelted passenger in two-vehicle wreck

CHLOE – A Calhoun County teenager was killed over the weekend in a two-vehicle collision that injured several other people.

Joseph Padgett, 17, of Orma, was a passenger in a car driven by his mother, Janice Marks, 35, according to a news release from the West Virginia State Police.

Their vehicle was traveling south on W.Va. 16 near Chloe when it was struck by a vehicle driven by Cody Clark, 16, of Chloe. Clark’s vehicle was going north when it left the right side of the road. He then overcompensated and his vehicle crossed the center line, according to the release. The wreck took place just before midnight Saturday.

Padgett, who was not wearing a seat belt, suffered severe head injuries and was taken by HealthNet to CAMC General Hospital, where he died Sunday night, according to the release.

His mother and his stepfather, Phillip Marks, were in CAMC General on Monday with injuries that were not life-threatening, according to the release.

Clark was taken to a hospital by family members, according to the release. A passenger in his car, Nicholas Stevens, 17, of Big Bend, was not injured.

No charges had been filed Monday. The investigation is continuing.

Beckley Driver Huffs Intoxicant, Hurts Five-month Old Child

From today’s Register-Herald:

Baby, mother injured after car crash; driver charged with DUI, police say

Amelia A. Pridemore
Register-Herald Reporter

A Daniels woman allegedly under the influence of an inhalant crashed a car through a yard and two fences, went over and up two embankments and struck a building, injuring another woman and a five-month-old girl, Beckley police said.

Angel L. Stoots, 25, of Danmont Vista, was charged with DUI with injury, DUI with child endangerment, driving without a license and having no insurance, Cpl. Will Reynolds said. She was being held Saturday at Southern Regional Jail on $5,000 bond.

Stoots was in the driver’s seat of a 1998 Chevrolet Monte Carlo parked behind the Pagoda Motel on Harper Road Friday evening, Reynolds said.

An adult female passenger was in the front seat and the passenger’s 5-month-old daughter was in a child safety seat in the back.

Stoots was reportedly inhaling an unidentified “intoxicating substance,” Reynolds said. She claimed she passed out while the car was in gear and stepped on the gas pedal.

The Monte Carlo went across North Pike Street and into a resident’s back yard in the 1000 block of West Neville Street, Reynolds said. The car then tore down two fences and went over a six-foot embankment. After going through a resident’s parking spot and through grass, the car went up a three-foot embankment and struck a brick building in the same block of West Neville.

The passenger and her daughter were taken to Raleigh General Hospital, Reynolds said. The baby had a knot on her head and the passenger complained of head and back pain. Stoots was not hurt.

The passenger told police she was not involved in Stoots’ activities and that she tried to get herself and her child out of the car, Reynolds said.

Note: This woman is liable for any and all property damage that she caused, as well as for any injuries suffered by the other occupants of the vehicle, including the five-month old child. Furthermore, liability is pretty much a non-issue since the criminal charges alone will basically prove that. Hopefully, the woman had adequate insurance. Many times however, the same type of lowlife mentality that would lead a person to huff an intoxicant while driving a car in which an innocent five-month old baby is a passenger is the same mentality that would lead a person to decide to drive without vehicle liability insurance. – John H. Bryan, West Virginia car accident attorney.

City of Beckley Sued Twice in Same Day for Injuries

From the Beckley Register-Herald this morning:

The city of Beckley was confronted with two lawsuits in the same day, with the plaintiffs in each case seeking a jury trial and no less than $300,000 in damages, according to documents filed Tuesday in the Raleigh County circuit clerk’s office.Andrea Erskine, an Oak Hill resident, is represented by Lewisburg attorney Steven Hunter. According to Erskine’s complaint, she and Randall Erskine were driving north on South Fayette Street in Beckley on May 30, 2006, when a city dump truck “heavily laden with hot asphalt” crossed the center line of the street and struck Erskine’s 2004 Toyota 4-Runner head-on.The Toyota was purportedly “shoved and crushed with great force” into an embankment. The lawsuit contends that Ernest Oliver Dillard, a city employee and driver of the truck, was cited by Beckley police for failure to maintain control. His alleged crossing of the center line was illegal, negligent and careless, Hunter argues.Due to the accident, Erskine states that she has suffered from various injuries, strains and sprains. Since the accident, Erskine maintains, she has experienced “severe headaches, neck pain, mid-back pain and dizziness,” among other health problems.She is asking for $300,000 in damages. The case has been assigned to Circuit Judge H.L. Kirkpatrick.The other suit was filed by Beckley attorney John Wooton on behalf of four plaintiffs — Jason Golden, Emily Golden, Gracie Golden and Noah Shrewsbury. Each plaintiff is requesting $100,000 in damages from the city. With the exception of Shrewsbury, a Beckley resident, the other plaintiffs hail from Wichita, Kan.According to Wooton’s complaint, the city “failed to take steps to either make the area safe or warn the plaintiffs and others of the dangerous conditions” at the Beckley Exhibition Coal Mine. Such factors, Wooton said, “caused the transport car to crash into the access door, causing the plaintiffs to suffer the injuries and damages herein described.”Shrewsbury has reportedly suffered from injuries to his head, hand and back, along with “great emotional distress and mental anguish, physical pain and suffering, annoyance and inconvenience,” the suit alleges. The three Goldens are also said to have endured various bodily injuries.That case has been assigned to Circuit Judge Robert Burnside.

Note: The first case described in the article above, regarding the car accident, presents a common problem in car accident cases: damages. In the above case, the injury victim’s injuries are described as “various injuries, including strains and sprains . . . [and] severe headaches, neck pain, mid-back pain and dizziness . . . .” Injuries such as these are extremely difficult to prove and to quantify into concrete compensatory damages. Thus, although the injury victim actually does suffer from his injuries, to a certain extent there is room for the insurance companies to argue that there really is no damage there, that there is no way to actually prove that the person is suffering the pain, headaches, etc. The end result is that although liability is not an issue – the other driver was cited for careless driving – the injury victim may not recover very much for his injuries. However, there is always room for persuasive lawyering….” – John H. Bryan, West Virginia car accident attorney.