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Charleston Personal Injury Law Blog

Car wreck death rate high in West Virginia

A whopping 242 individuals passed away in auto crashes in West Virginia between the start of last year and Dec. 29. This rate of death associated with car crashes is greater than the national average. West Virginia also appears to have had more car wreck deaths than surrounding states have had.

According to experts, the state has a mountainous terrain that has contributed to its high rate of fatal car collisions. However, driving while intoxicated and speeding on rural roads are a couple of other major factors in the high rate of car accident deaths. Officials said more than 60 percent of fatal crashes took place along rural roads, and more than 30 percent involved speeding.

Warner Law Offices Names Lynnette Simon Marshall to Partner

Warner Law Offices is pleased to announce Lynnette Simon Marshall has been named its newest partner effective January 1, 2018.

"I couldn't be happier to have her as partner," Bobby Warner, founder of Warner Law Offices said. "We've long been partners in handling cases, and this enhances our business relationship, but more importantly our continued ability to best serve our clients."

A partnership with Warner Law Offices is the result of hard work and exemplary client service and relations. Marshall has proven herself to be deserving of a partnership as she has always demonstrated incredible business ingenuity as well as exhibiting commitment and determination to achieving the best possible results for the firm's clients. The promotion strengthens the firm's practice areas: product and pharmaceutical liability, adding further depth to the firm's offering. Marshall's mass tort experience is complimented with a well-rounded litigation practice.

Defective Roadways Cause Accidents Too

Negligent actions by drivers are the most common causes for road accidents. However, some accidents aren't the fault of drivers. Sometimes defective roadways can cause drivers to lose control thereby increasing the risks of motor vehicle collisions.

This is a particularly challenging issue for large trucks, which are already difficult to operate. Add defective roadways to the equation and you have the recipe for a disaster. Truck accidents resulting from a defective roadway can result in serious injuries and death. In such cases, the government entity that is responsible for the design, construction, or maintenance of the road may be liable and a claim can be filed against that entity. You should note, however, that claims against government entities are subject to stringent rules and you must file your claim in a timely manner.

Ram trucks considered dangerous products due to defect

Motor vehicle owners in West Virginia may be impacted by a product recall involving Ram trucks. Fiat Chrysler has decided to recall almost 1.8 million of these trucks, mostly in North America. The trucks are considered dangerous products because a driver can shift one out of park, even if his or her foot is not on the truck brake. The shifting can even happen without a key in the truck's ignition.

The recent recall predominately includes heavy-duty Ram trucks. All of these trucks feature shifters on their steering columns. So far, seven people have been injured as a result of the truck defect.

Injuries to Children on Another Person's Property

Property owners have an important responsibility to ensure that the conditions on their properties are safe for any person who visits the property. Property owners need to be even more careful when children are involved. Premises liability law is more stringent when children, rather than adults, are injured. This is because children cannot identify potentially dangerous situations as readily as adults. And, many children are not capable or mature enough to act in a way to avoid injury from hazardous conditions.

Spinal cord injury patients may benefit from using special bikes

Injury to the spinal cord is typically linked to physical impairments in the long term. Unfortunately, these impairments may lead to psychological and social complications that have a negative impact on a patient's quality of life in West Virginia and other states. However, recent research indicated that special bikes may help to improve the quality of life of those suffering from spinal cord injury.

Functional electrical simulation cycling systems are bikes that enable people with no or little voluntary movement of the legs to pedal devices known as ergometers. These devices are essentially leg-cycles that remain in place. The device was used in a race in another country back in 2016.

Avoiding the Danger of Distraction in Medical Settings

It is not the first concern most patients think of when faced with medical procedures. However, distraction can be just as deadly in a medical setting as it can be behind the wheel of a car. In recent years, the Pennsylvania Patient Safety Authority has analyzed over a thousand reports that could be attributed to distraction in a medical setting. Of the 1,015 reports analyzed, thirteen cases resulted in patient harm and forty reports mention distractions associated with computers, phones, or other technology that led to medical errors. In an age when technology should be helping medical professionals provide better care, its ability to distract can sometimes contribute to medical malpractice.

Slip-and-fall accidents could even take place in school restrooms

A boy in another state injured himself in a slip-and-fall accident at his elementary school, and his mother blames the accident on the school district. She has filed a premises liability claim against the school and the district. Those who suffer injuries in slip\-and\-fall accidents in West Virginia have the right to seek full financial accountability from the property owners deemed responsible for these accidents.

Apparently, the boy entered the school restroom during recess. All of a sudden, he reportedly lost his balance on a substance that had been left on the bathroom floor. The mother claims that the school district allowed this substance to stay on the floor and did not warn students about the hazardous condition.

Brain Glue may help those with traumatic brain injury

Brain injuries can easily occur as a result of a car accident or a slip-and-fall accident resulting from another party's negligence in West Virginia. Unfortunately, these types of injuries can have a negative impact on one's life by leading to speech or cognitive issues, for example. Fortunately, university researchers recently developed a substance called Brain Glue that could one day help with treating traumatic brain injury.

Brain Glue has the consistency of gelatin and can easily take the particular shape of any void that a serious trauma leaves behind in the brain. In essence, the glue provides a healing environment for transplanted stem cells being used to repair damaged tissue. Then, the cells can appropriately regenerate and colonize.

Mattresses for babies, toddlers among dangerous products

Parents of infants and toddlers in West Virginia and other parts of the United States are beginning to find out that their children should not sleep on some models of Dream On Me's toddler and crib mattresses due to a serious product defect. Specifically, these dangerous products do not meet federal government flammability standards, thus posing a fire risk. As a result, more than 23,000 of these products sold last year are being recalled.

Ten models of these toddler and crib mattresses are part of the recent recall. These items were sold at several websites, including,,, and They were sold between January of 2016 and December of 2016 for between $40 and $90.

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