pedestrian accidents

Why are Pedestrian Accidents Increasing?

With spring just around the corner, the weather is starting to warm up in West Virginia and other Appalachian states. This means more people will be out walking to get some exercise and take advantage of the warmer weather. With the increase in foot traffic comes the heightened danger of vehicles crashing into pedestrians, which can result in serious injuries and fatalities.

On average, a pedestrian is killed in the United States every 88 minutes. And in recent years, the number of pedestrian accident fatalities has been on the rise. The National Highway Transportation Safety Administration (NHTSA) reports that there were 6,283 pedestrian deaths in 2018 (the most recent year we have full records for), which was the highest number of deaths since 1990.

What is especially alarming is that pedestrian accident fatalities in 2018 were approximately 53% higher than the 4109 deaths in 2009, just a decade or so earlier. During that same period, all other traffic-related deaths were down by 6%. Pedestrian fatalities now comprise 16% of all traffic fatalities, which is up from 12% in 2009.

What is Driving the Increase in Pedestrian Accidents?

There are a number of factors that experts say are contributing to the rise in pedestrian accident fatalities, these include:

More People out Walking

One of the simpler explanations for why pedestrian accidents are increasing is there are more pedestrians out walking than ever before. Population growth accounts for some of this, but there are other reasons as well. These days, people are more health conscious, and they are also more conscious of the need to preserve a healthy environment. For this reason, a growing number of individuals are choosing to walk to work or walk to and from public transportation stops that take them to work. Many people also walk outdoors as their primary form of exercise in order to help them stay in shape.

More Vehicles on the Road

In addition to the increase in foot traffic, there has also been an increase in the number of vehicles on the roadways over the past decade. The economic recovery combined with lower fuel prices and easy access to financing has put vehicle ownership within reach for a larger segment of the population.

More Large Vehicles on the Road

The lower fuel prices and strong economy have also led to a growing preference for larger vehicles, such as SUVs, vans, and pickup trucks. For example, in 2013, only about 32% of vehicles on the roads in the US were SUVs. Today, that number is around 50%. Pedestrians have very little protection compared to others on the roads, and large vehicles can cause more serious and catastrophic injuries. In fact, the NHTSA says that SUVs are 2.5 to 3 times more likely to kill a pedestrian than a smaller vehicle. It can also be more difficult for the driver of a large vehicle to see a pedestrian, which increases the chances of an accident in the first place.

Electronic Distractions

In 2007, Apple introduced its first iPhone, and this was the first smartphone to be used widely by consumers. Since that time, several other brands have penetrated the marketplace with price points designed to fit virtually any budget. As a result, today, nearly everyone has a smartphone. And while having a computer in your pocket is great for staying connected, it is not so great for staying focused when you are driving or walking.

Texting while driving or sending other electronic messages while behind the wheel distracts motorists in three ways; visually, manually, and cognitively. The end result is that their focus is taken completely away from the road, causing them to miss important details, such as a pedestrian crossing the road in front of them. Smartphones can be dangerous for pedestrian to use as well as they may be too focused on their phones to watch where they are going.

Injured in a Pedestrian Accident in West Virginia? Contact Bailey, Javins, and Carter L.C.

Pedestrian accidents can be some of the deadliest incidents that occur on the roadways, and in the vast majority of cases, a motorist is (at least partially) to blame. If you or a loved one suffered injury in a pedestrian crash, you need strong legal counsel by your side working hard to get you the full and fair compensation you deserve.

If your accident occurred in West Virginia, get in touch with Bailey, Javins, and Carter L.C. for assistance. Message us online or call our office today at (800) 497-0234 or (800) 296-6979 for a free consultation and case evaluation.

industrial accidents in west virginia

Why Do Industrial Accident Happen?

In late January, two workers were injured in an industrial accident in Marshall County when a high-pressure water line blew off of a water truck near Rines Ridge. One of the injured workers was taken by helicopter to Ruby Memorial Hospital in Morgantown, and the other was taken by ambulance to WVU Reynolds Memorial Hospital. Both workers sustained head injuries.

Unfortunately, the recent Marshall County water truck accident is far from an isolated incident. Industrial accidents like these happen frequently, and most of them are preventable. These accidents usually occur because an employer fails to provide a safe work environment for their employees, and/or because an outside party acts negligently or recklessly and causes the employee to get hurt.

Ensuring safety is critical in every work environment, but this is especially true in industrial workplaces. Manufacturing and industrial plant workers, natural gas and oil drilling workers, coal workers, construction site workers, and those in similar fields deal with numerous potential hazards on the job each and every day. And if something goes wrong, they can be seriously or fatally injured.  

Some common accidents that industrial workers are at risk of include:

  • Slips and falls on the plant floor or at the jobsite;
  • Being hit by loose objects;
  • Being struck by/struck against hard surfaces;
  • Fires and explosions;
  • Structural collapses;
  • Accidents caused by defective machinery or equipment;
  • Exposure to toxic substances;
  • Transportation accidents.

These accidents can result in all kinds of serious injuries, such as:

  • Head and brain injuries;
  • Neck and back injuries;
  • Cuts and lacerations;
  • Spinal cord injuries;
  • Fractures/broken bones;
  • Amputations/loss of limbs;
  • Blindness and deafness;
  • Wrongful death.

When an industrial accident happens, a thorough investigation is needed in order to determine what caused it and what were the contributing factors. The employer will normally carry out an investigation, but there is no good reason to expect that their findings will be accurate. It is best to retain an experienced workplace injury lawyer to have your own investigation conducted, which is far more likely to identify the real cause.

Companies routinely violate OSHA standards, and oftentimes, an OSHA violation is a major contributor to a workplace accident. Common violations include violations of fall protection, hazard communication standards, respiratory protection, scaffolding requirements, control of hazardous energy, electrical wiring methods, machinery violations, and electrical system design flaws.

To make matters worse, unsafe work conditions are often combined with a lack of proper training, poor supervision, and overworked employees. And as we touched on earlier, a negligent third-party could also share at least some of the responsibility for the accident and subsequent injuries.

Legal Avenues for Recovering Compensation after an Industrial Accident

A workplace injury can be a life-altering event that puts a major physical, emotional, and financial strain on injured workers and their families. While workers’ comp is usually the first place a worker will go for compensation after an injury, this program only provides limited benefits, which include necessary medical expenses and a percentage of lost earnings. Unfortunately, you are not able to recover compensation for real but intangible losses such as pain and suffering, psychological distress, and diminished quality of life like you would be able to with a personal injury claim.

The good news is that you may have a basis for a personal injury lawsuit to recover full and fair compensation for your workplace accident, depending on your circumstances. Some potential avenues for maximizing compensation for a workplace injury in West Virginia include:

  • Deliberate Intent Claim against an Employer: West Virginia allows an injured worker to bypass the workers’ compensation system and file a direct lawsuit against their employer if the injury was caused by the employer’s intentional actions. This is known as a “deliberate intent” or “Mandolidis claim.” To win a deliberate intent claim, you will need to prove not only that a dangerous or unsafe work condition existed, but also that the employer knew about it (or should have reasonably known about it) and did nothing to remedy the situation. There is a high burden of proof required with a deliberate intent claim, and you will need to work with an attorney who has specific experience with this area of the law and the proven ability to successfully pursue these types of claims.
  • Lawsuit against a Third-Party Subcontractor: There are many instances in which industrial workers work alongside outside contractors who are brought in to perform specific tasks. If one of these subcontractors is at fault for causing a workplace injury, you can bring a personal injury lawsuit directly against the responsible party.
  • Lawsuit against an Off-Site Party that Causes an Accident: Similar to a third party that is working on-site, there are cases in which another party outside of the workplace causes an employee to become injured. One of the most common examples of this is a transportation accident. A lot of supplies and materials are moved to and from industrial sites on a regular basis, and workers who are injured by other drivers on the road can file a personal injury claim directly against that driver.
  • Product Liability Claim Against a Defective Product Maker: When a workplace injury is caused by machinery or equipment that is defective and malfunctions, an injury claim can be brought against the manufacturer, distributor, and other parties within the product’s supply chain under the legal theory known as “product liability”.

Injured in an Industrial Accident in West Virginia? Contact Bailey, Javins, and Carter L.C.

Industrial injuries happen frequently in the workplace, and the cause of these types of injuries is not always clear-cut. There are numerous potential factors that can play a role, and it is very important for an injured worker to be represented by a seasoned attorney who is effectively able to explore all of his/her potential legal options.

At Bailey, Javins, and Carter L.C., we have over four decades of experience standing up for injured workers, and we have a successful track record with even the most complex cases. If you or someone close to you suffered injury in an industrial accident, contact us for skilled legal guidance. Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule your free, no obligation consultation with one of our attorneys.

Truck Accident Attorneys - Bailey Javins & Carter

What are the Most Common Causes of Commercial Truck Accidents?

Big rig accidents are some of the deadliest that occur on the roadways. When an 18-wheeler that typically weighs around 80,000 pounds (when fully loaded) is involved in a collision, it can result in catastrophic consequences. Not surprisingly, occupants of cars and other types of passenger vehicles run the greatest risk of serious injury and death, accounting for nearly 70% of all truck accident-related fatalities.

There are a number of factors that can contribute to a commercial trucking accident, some of the most common include:

Drowsiness or Fatigue

Truck drivers are on the road for many hours during the day, and they often drive during evening and overnight hours when there is less traffic on the highways. According to the Centers for Disease Control (CDC), drowsy driving may be responsible for up to 6,000 traffic-related fatalities each year, and the CDC lists commercial drivers as one of the groups most susceptible to drowsiness or fatigue. Unfortunately, many drivers are under extreme pressure from their employers to stay on the road longer in order to meet unrealistic deadlines, and they are often encouraged to violate federal Hours of Service guidelines in the process.

Speeding/Aggressive Driving

Another way a driver may cut corners to stay on schedule is to exceed the speed limit or drive aggressively in other ways; such as tailgating, making unsafe lane changes, and making dangerous passing maneuvers. Aggressive or reckless driving always increases the risk of a collision, and this is especially true with large commercial vehicles that are more difficult to maneuver safely when adverse conditions arise.

Substance Abuse

Some truckers choose to deal with the stress of the job by turning to alcohol, prescription, or illegal drugs. These substances cause drivers to become chemically impaired, which alters their state of mind, slows reaction times, and generally results in poor driving decisions. Driving while intoxicated is a problem among other vehicle drivers as well. This is particularly true at night, on weekends, and on major holidays such as New Year’s Eve and the Fourth of July.

Distracted Driving

Driving for countless hours over the road can become boring and monotonous, and drivers turn to various distractions in order to stay awake and keep from getting bored. These days, smart phone activity has become an increasingly preferred way for drivers to kill time on the road. This may include sending and receiving texts and other electronic messages, browsing through social media apps, and watching videos. These types of distractions are particularly dangerous, because they take the driver’s entire focus away from the road. This can cause them to miss important details, such as another vehicle entering their blind spot.

Overloaded/Unevenly Loaded Trucks

Some accidents happen because of problems with the cargo. For example, a shipping company may overload a tractor-trailer in order carry more goods in a single load. They may also fail to follow proper loading procedures because they are in a hurry to get the truck back out on the road. An overloaded or unevenly loaded truck runs a greater risk of rolling over or tipping to its side when heavy winds, ice, and other adverse weather conditions arise.

Negligent Truck Maintenance

Semi-trucks typically log thousands of miles every month when they are in full service. For this reason, it is extremely important for the truck to be properly maintained and in good working condition. Under pressure to keep the trucks out on the road, some commercial vehicles do not receive the level of maintenance that they are supposed to. This can lead to a mechanical breakdown, which can be a contributing factor in some trucking accidents.

Vehicle Defects

Some commercial truck accidents happen because the vehicle was not designed properly, or there are defective vehicle parts installed. As with maintenance problems, vehicle defects can also cause breakdowns leading to accidents. Some examples include brand-new tires that blow out on the highway, new brake lines that fail to stop, and computers systems inside the vehicle that malfunction.

Who is At Fault in a Trucking Accident?

Truck accident cases are typically far more complex than a standard auto accident. There are numerous laws and regulations that govern the industry, and many of these accidents are caused by multiple factors. A thorough investigation is necessary in order to get to the bottom of what happened, and at the end of the day, there could be several parties at fault.

Those at fault for a commercial truck accident may include:

  • The driver(s);
  • The truck driver’s employer;
  • The party responsible for maintaining the truck;
  • The owner or lessor of the truck;
  • The cargo/shipping company;
  • The manufacturer or distributor of a faulty vehicle or vehicle part;
  • The government entity responsible for maintaining the roads.

Injured in a Commercial Truck Accident? Contact Bailey, Javins, and Carter L.C.

If you or someone close to you suffered injury in a trucking accident, you need an attorney in your corner who understands the complexities of these types of cases and has a proven track record helping others who have been in your shoes. For skilled guidance with truck accident cases, contact Bailey, Javins, and Carter L.C. for assistance. Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule a free consultation and case assessment.

sun glare accident in wva

The Dangers of Sun Glare Accidents

During the fall and winter months when the days get shorter, the possibility of sun glare while driving greatly increases. We have all experienced it from time to time; you are driving to or from work and everything is fine – until a blast of blinding bright sunlight pierces through your windshield. Suddenly, you can hardly see anything in front of you, and all you can do is hope that you do not hit anything.

Sun glare is a contributing factor in numerous auto accidents each year. The official number (according to the National Highway Transportation Safety Administration) is just a few hundred, but AAA and other organizations believe the number is much higher. Often times, sun glare is not listed as the cause of an accident on the police report, even though it still may have played a role.

A 20-year study conducted by the National Institute of Health (NIH) helps shed some additional light on this issue. The study of more than 11,000 life-threatening motor vehicle crashes from 1995 to 2014 examined the causes of hospitalizations from these crashes. It found that bright sunlight was present in roughly a third of all crashes that happened during the daylight hours, which is a strong indication that sun glare is far more dangerous than most people believe.

Am I Liable for a Sun Glare Accident?

When someone causes a crash that happens because they were blinded by bright sunlight, they might naturally wonder whether or not they are liable for damages. After all, sunlight is an “act of God”, so that would be a factor that is beyond the control of the driver, right? On the surface, this may seem like it could be a viable argument. But unfortunately for the driver who was blinded by sun glare, it is not.

It may be true that the sun shining is a natural event, but it is not an “extraordinary” event that would fall under the category of an “act of God”. An “act of God” is an unpredictable and uncontrollable event; such as an earthquake, mudslide, or a deer dashing in front of your vehicle while it is in motion. These are events that do not happen every day, and it is very hard to know when and where they will occur.

Bright sunlight, by contrast, is not unusual or unpredictable. The sun rises every morning and sets every evening like clockwork, and it not difficult to find out what time of the day these events will occur. We also know that, during certain times of the year, there is a greater chance of encountering sun glare when we drive east in the morning and west in the late afternoon.

As motorists, we have a duty of care to those we share the roads with. This means taking reasonable steps to operate our vehicle in a safe manner, which includes taking various precautions to prepare for the possibility of bright sunlight.

Ways to Prevent Sun Glare Accidents

There are several things we can do to better handle bright sunlight when we drive:

  • Keep your Windshield Clean and Clear: If you have marks or streaks on your windshield, or if you have clutter on your dashboard, it will make it even more difficult to see when the sun shines brightly into your vehicle. Before you start your trip, make sure your windshield is clean and clear on both the outside and the inside. Fill up with plenty of washer fluid and replace your windshield wipers if needed to help avoid streaks while you drive.
  • Wear Polarized Sunglasses: Whenever you drive during the day, you should have a good pair of sunglasses to help minimize the effects of bright sunlight. Polarized sunglasses are best for this purpose.
  • Utilize your Sun Visors: Be sure to turn your sun visors to the side when needed to block out bright glare. You may also want to consider purchasing sun visor extenders to give you extra protection.
  • Drive Slowly and Carefully: As we all know, bright sunlight while driving makes it really hard to see what is in front of you. When the glare of the sun comes through your windshield, be sure to slow down and allow plenty of space between you and other vehicles, bicycles, and pedestrians.
  • Avoid Distractions: Texting while driving and other forms of distracted driving are always dangerous, and this is particularly true when you are dealing with sun glare.
  • Adjust your Route and Drive Time: Sometimes, just a small change in the time you drive or the route you take can significantly reduce the amount of time you have to spend staring at the sun. Consider any adjustments you may be able to make to your schedule that will allow you to accomplish this.

Injured in a Sun Glare Accident? Speak with an Experienced Auto Accident Lawyer

Despite your best efforts, you cannot control external factors on the road, such as the negligence of other drivers. If you or someone close to you has been injured in a motor vehicle crash that was the fault of another party, you deserve to be fully compensated. Insurance companies will do everything they can get away with to pay out as little as possible for your injuries. And for this reason, you need a strong legal advocate in your corner fighting hard for every dollar of compensation you are entitled to.

At Bailey, Javins, and Carter L.C., we are here to help! Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule a free consultation with one of our skilled attorneys.

logging accident lawyers

Why is Logging the Most Dangerous Job in America?

The timber industry is vital to the American economy, and everyone depends on the products that come from timber to function in the modern world. But behind this industry is a group of some of the bravest men and women in our entire workforce.

Logging is consistently listed as one of the most dangerous jobs in America. For several years, it has been listed at number one. For 2019, it fell to number two on USA Today’s list with only the fishing industry being more dangerous. 

The average annual fatal injury rate for logging workers is around 100 per 100,000 workers, and in some years, it has been significantly higher than that. This is about 20 to 30 times higher than the national average. When you consider that only fishing and aircraft pilots are even above 50 fatalities per 100,000 workers, it is clear that being a timber worker involves a level of danger that goes far beyond almost all other jobs that make the top 10 most dangerous list.

Clearly, there are many inherent risks involved with being a logger, but is the industry doing enough to protect its workers? In many respects, unfortunately, the answer to that question is “no”. All too often, timber companies put people over profits, cutting corners at the expense of their workers’ safety.

If you or a loved one was injured or killed as a timber industry worker, you need a strong legal advocate in your corner fighting hard for the just compensation you deserve.

Timber companies know that their industry is dangerous, but instead of spending their resources on worker safety, they divert many precious dollars into their legal team so they can fight the legitimate claims of their injured workers. For this reason, it is very important to have an experienced legal team of your own that is not intimidated by the industry’s vast resources, and one that has the proven ability to hold these companies fully accountable for their negligence.

Why is Logging So Dangerous?

Logging is a physically demanding job. Workers spend all day in the woods cutting up trees, often working in very high places while in a fast-paced environment. This type of job is definitely not for everyone, and not even for most people. But thankfully, there are those who embrace this type of work despite the risks.

And risks, there are many. Not only could you fall out of the tree, you could also have a tree fall down on you. And every logger knows that it is hard to control the momentum of a tree and which direction it will fall. Then there’s the equipment that is used. Chainsaws, logging machines, a lot of tools and machinery with sharp edges. Throw in other hazardous work conditions such as unstable, uneven, or rough terrain and inclement weather and you can see why logging is so dangerous.

If you don’t stay on top of everything, someone can easily get hurt. And this is where timber companies are falling short. In an industry like this, hiring qualified workers, extensively training them and properly supervising them is of the utmost importance. But like many other industries in today’s tight job market, it is hard to find good workers.

In many ways, this becomes sort of a “catch 22.” You need good workers, and an abundance of them, to help make the industry safer. But younger workers have a lot of options these days, and when they see how dangerous logging is, they often choose a different profession. The end result is fewer workers who work longer hours and are continually under an enormous amount of stress. This means less supervision and a greater likelihood of injuries and fatalities occurring.

Timber companies can help improve the situation by following all governments safety regulations, making sure all workers are trained, supervised, and using the most up-to-date safety equipment, and investing more to attract good workers to the industry and retain the quality workers they already have. 

The industry should also go a step further by pushing for more safety regulations and investing in better and safer tools and machinery for their workers to use. These types of changes can help create a less dangerous environment for logging workers, which should be everyone’s goal.

Call Bailey, Javins, and Carter L.C. for Help with Logging Injury or Death Claims

If you or someone close to you was injured or killed as a logger, you may have a right to compensation. These types of cases can be complicated, however, and there are several potential sources of compensation, depending on the state the injury occurred in and other specific circumstances. This is why you need attorneys who not only have personal injury experience, but also specific experience successfully pursuing claims on behalf of injured logging workers.

At Bailey, Javins, and Carter L.C., we have stood up for timber industry workers since 1970, and we have the knowledge, skills, resources, and commitment to help ensure that our clients recover the full and fair compensation they deserve. Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule a free consultation with a member of our legal team.