Personal Injury Cases – Recht Law Offices

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.

From the Wednesday before Thanksgiving straight through until January 2, there is generally an increase in the number of drivers on the road. The added holiday traffic has many causes, from drivers traveling long distances to go home or on vacation to people heading out shopping or celebrating.  Unfortunately, with this increase, there are also more drunk drivers on the road as people are out celebrating.

The combination of more drivers, and more drunk drivers, is often a lethal one and there are typically multiple DUI deaths over key holiday weekends. To help prevent fatalities and keep drivers safe, law enforcement in areas throughout West Virginia will be stepping up DUI enforcement this festive season. Our West Virginia auto accident attorneys urge drivers to be aware of the added law enforcement scrutiny and, more importantly, to refrain from drunk driving so you don’t put yourself or others in danger.

Holiday Drunk Driving Dangers

Drinking and driving is always a dangerous risk to take, but unfortunately many people choose to do it anyway.  Certain holiday events, including the Wednesday before Thanksgiving and New Years Eve, encourage celebration and may result in many people headed out to bars and clubs. Unfortunately, sometimes those who go out drinking don’t end up coming home because they are involved in a fatal wreck. Even more tragically, a DUI driver risks not just hurting himself, but also of hurting a passenger or an innocent third party who just happens to be on the road at the same time.

Statistics show that these incidents where a DUI driver causes death are all-too-common. According to the Register Herald, 316 people died in West Virginia because of drunk driving and around 10,000 people died throughout the U.S during this time period.

Taking Action to Prevent Drunk Driving

Because so many people tend to drink over the holidays, police typically step up DUI enforcement efforts on key weekends. Police in law enforcement will be taking this step in West Virginia in the current holiday season. According to News and Sentinel.com, for example, three additional officers have been assigned to the roads in Parkersburg, West Virginia almost every day in December. These officers will be vested with the responsibility of spotting potential drunk drivers.

Drivers who are thinking about drinking and driving should be aware of the added law enforcement scrutiny in areas throughout West Virginia over the holidays. Both to avoid arrest and to help improve safety, drivers this holiday season should also:

• Assign a designated driver and/or come up with a way to get home before going out drinking rather than assuming you’ll figure something out later.
• Take away the keys of a friend who is considering drinking and driving.
• Have the phone number of a taxi cab with you or available every time you go out, even for one drink, so you can call a cab if you decide you need one.

By following these basic tips, hopefully people can avoid drunk driving and reduce the risk of drunk driving wrecks over the holidays. Sadly, some people may still break the law and drive drunk, hurting or killing themselves or others.

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.

Two West Virginia highway workers were struck in separate accidents and suffered severe injuries as they cleared debris left by Hurricane Sandy earlier this month.

This has prompted state transportation officials to issue words of warning to all those on the roadways: Watch out for Workers.

Additionally, our West Virginia car accident lawyers would add another warning: Watch out for stranded motorists, particularly as you head out for lengthier trips over the holiday.

The fact is, more people may find their vehicles disabled on the roadway because more people are going to be on the roads. This is particularly important to remember in West Virginia because of our winding highways, long tunnels and wintry weather conditions, which create not only snow and ice, but the potential for power outages. All this creates a heightened risk for serious injuries – or worse – when motorists who are stranded with broken down cars.

Throughout the Thanksgiving weekend, the National Safety Council estimates that approximately 450 people will die in traffic crashes throughout the country. We don’t know how many of those will be in West Virginia, but we do know that in addition to the residents who live here, our highways see a lot of action from interstate travelers from across the country, traveling to and from Ohio, Pennsylvania, Indiana, Virginia, Kentucky and Maryland. These are individuals who may not be as familiar with the roads as residents and who are often trying to organize long trips that sometimes stretch into nighttime.

For these individuals, make sure that both you and your vehicle are fueled up: this means plenty of sleep, coffee (if you drink it) and a full tank (for the car).

Other things to do in preparation for a long trip to avoid increasing your risk of a crash or breakdown:

• Know the route you plan to take before you leave. Know where you’re going. Tell someone else about your plans, and work it out to call or text that person when you arrive.
• Apprise yourself of an adverse weather conditions on the road ahead that could make travel tougher.
• Be alert of the construction areas and any other hazards that may be presented along the way.
• Minimize the number of distractions. Limit your conversations with other passengers, keep the music volume to a moderate level and keep your cell phone tucked away.
• Always wear your seat belt and make sure children and infants are secured properly.

If you do break down or are about to break down, here are some actions AAA recommends you take immediately:

• Figure out where you are. If you realize you are soon going to be forced to pull over, make a quick note of your general location. Specifically, where the nearest major exit or cross street is.
• If possible, find a well-lit spot. If it’s at all possible to get to a gas station or some other business or rest area, do that. Otherwise, if you’re on a highway, get off to the far right shoulder, as far as you possibly can while remaining on level ground. If you’re on the interstate or some other multiple-lane highway, you may also pull off to the left shoulder, but again, make sure you are as far away from traffic as possible.
• If you get out of the car, do so carefully and watch for oncoming traffic, particularly if it’s at night or in bad weather. Don’t ever stand behind or directly in front of your vehicle. Oncoming cars won’t be able to see you.
• Alert other motorists with either emergency flashers, by raising the vehicle’s hood or by putting warning flares behind the vehicle to direct traffic away.
• Call for help. If your cell phone does not work, you may need to wait for a good Samaritan, but if they stop, communicate with them only through a cracked window.
• Stay in your vehicle.

Remember to stay alert, and drive safely.

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

When it comes to the latest statistics on Pennsylvania, West Virginia and Ohio car accident injuries and fatalities, there’s good news and bad news. The National Highway Transportation and Safety Administration recently released a revised edition of their latest “Traffic Safety Facts” publication, which tallies motor vehicle crashes and auto accident deaths throughout the nation.

Ohio motor vehicle accident deaths went up 5.7%, from 1,022 in 2009, whereas in 2010 there were 1,080 fatalities. Pennsylvania road fatalities rose by 5.4% in 2010, with 1,324 deaths—68 more than the previous year. In West Virginia, however, the news was better, with a 12% decrease in fatalities from car accidents, truck crashes and motorcycle wrecks overall, from 357 in 2009 to 315 the following year.

West Virginia personal injury lawyers at Recht Law Offices encourages all drivers in West Virginia, Pennsylvania and Ohio to always drive defensively, no matter what the statistics say. It only takes one distracted driver who is texting behind the wheel in Pennsylvania, a drunk driver in West Virginia or a sleepy truck driver barreling through Ohio to change your life forever.

Nationally, the report details accident statistics pertaining to everything from age to time of day. For instance, fatalities among motorcyclists 50 and older increased by 119, whereas motorcyclist fatalities for drivers under 50 declined by 84 deaths. Nighttime auto accident fatalities went down; of the 998 fewer fatalities in 2010, there were 857 fewer fatalities in nighttime crashes.

With our region’s mix of dense urban traffic zones and remote rural roads, drivers in Pennsylvania, Ohio and West Virginia must be ready for anything: a passenger car head-on collision in town, a commercial truck jack-knife on a highway or an SUV rollover on a curving country road.

If you or someone you love suffered a car, truck or motorcycle accident injury, or a loved one died in an auto accident, contact the experienced, aggressive Ohio, Pennsylvania and West Virginia personal injury attorneys at Recht Law Office. Call us today at 1-800-HURTLINE or complete the online contact form. We understand your pain and can put experience and resources to work for you.

Recht Law Offices

3405 Main Street

Weirton, WV 26062

A study by the West Virginia Department of Health and Human Resources shows that the number of DUI arrests has steadily declined between 2008 and 2010.

According to a report in The Register-Herald in Beckley, statewide, 6,886 DUI arrests were made in 2008; 6,622 in 2009; and 6,154 in 2010.

The decline in drunk driving arrests certainly is a positive and welcomed trend. As car accident lawyers in West Virginia, Pennsylvania and Ohio, we have seen how the negligence of drunk drivers can cause heartache on the highways. In a flash, an intoxicated driver can destroy a life and devastate the family members of the accident victim.

It’s important to know your rights if you or a loved one was injured in a driving under the influence accident. Contact Recht Law Offices for a free consultation. Our experienced personal injury attorneys fight hard to get the compensation clients need for their losses.

While it’s heartening to hear about any decline in DUI arrests, it’s alarming to find out that two counties experienced significant increase in arrests for drunk driving between 2008 and 2010: Raleigh and Greenbrier counties. The Register-Herald reports that Raleigh County had 240 DUI arrests in 2008, 255 in 2009 and 276 in 2010. The numbers for Greenbrier County: 156 arrests in 2008, 190 in 2009, and 229 in 2010.

The disturbing upswing in arrests may not necessarily mean more drunk drivers are on the road. There may be stricter enforcement of DUI laws in those counties. One thing’s for sure: Intoxicated people are continuing to drive when they should hand the keys to a sober driver or call a cab. Despite public awareness of the dangers of drunk driving, this type of negligent behavior continues to put other motorists and pedestrians at risk of serious injury or death.

While the study focused on West Virginia, driving under the influence accidents can happen anywhere. A drunk driver causes a death on the road twice every hour in the United States. Victims who have been seriously injured may be entitled to recover for lost income, medical bills, emotional trauma, the costs associated with the repair of their damaged vehicles, and more. In some cases, a wrongful death lawsuit may be necessary.

Representing clients in Pennsylvania, Ohio and West Virginia, Recht Law Offices can put experience and resources to work for the injured and their families. Call 1-800-HURTLINE today for a free case review or visit www.rechtlaw.com. Let an experienced personal injury lawyer protect your rights.

Recht Law Offices

3405 Main Street

Weirton, WV 26062-4505

Warm weather is usually a time of fun and relaxation, but injuries occur that don’t happen during other times of the year. This is especially true around swimming pools. If you’re injured at a friend’s pool, a community pool or a hotel pool, the property owner’s liability comes into question. Anyone who slipped and fell near or into someone else’s pool should hold the pool and property owner responsible for any injuries, whether it’s a neighbor, the city or hotel owner.

According to the Centers for Disease Control and Prevention, certain types of pools present different levels of accident risk. In its report, “Stay Safe In and Around Swimming Pools,” the CDC explains that portable or inflatable above-ground pools present a significant risk of drowning, particularly among boys under five years old. Because of the flexibility of these pools, the side of the pool can collapse and cause someone to slip and fall into the water and drown.

West Virginia, Pennsylvania and Ohio personal injury lawyers at Recht Law Offices remind property owners with inflatable pools to apply the same safety precautions as for in-ground pools, including four-sided fencing and non-slippery surfaces around the pool edge. Children slipping and falling near pools is an especially common summer accident.

The CDC goes on to report that most kids from age 1 – 4 drown in private swimming pools. Considering that many property owners don’t remind kids to walk and not run near a pool, the statistic is not surprising. Puddles, slick paths and slippery tiles can make the edge of a pool or patio slippery and hazardous. If a property owner allows kids to run near the pool, the slip and fall risks increase exponentially.

There are so many wonderful Pennsylvania, Ohio, West Virginia swimming areas. With water, however, comes danger. Be cautious when out having fun in the sun—especially if someone else owns the property.

If you or someone you love suffered a slip and fall pool accident injury, contact Ohio, Pennsylvania or West Virginia personal injury attorney Recht Law Office. Don’t wait. Call us today at 1-800-HURTLINE or complete the online contact form.

Recht Law Offices
3405 Main Street
Weirton, WV 26062

West Virginia, Pennsylvania and Ohio scored five or lower on a set of 10 key indicators of steps states can take to prevent injuries, according to new report examining injury deaths in the United States.

The report released by the Trust for America’s Health and the Robert Wood Johnson Foundation examines what states do in terms of injury prevention. This includes policies on seatbelt use, bike helmets and drunk driving.

At Recht Law Offices, our personal injury lawyers closely follow injury trends to assist in representing clients. The accident attorneys in West Virginia, Ohio and Pennsylvania aggressively represent people injured due to negligence. We have seen first hand the devastating impact of serious injuries and deaths as a result of the reckless actions of individuals and businesses. Accidental injury is the fifth-leading cause of death in the United States, according to the U.S. Centers for Disease Control and Prevention.

According to the new injury report, West Virginia and Pennsylvania received a 5 out of 10 score on a list of injury prevention policies. Ohio ranked last in the nation with a score of two out of 10.

Researchers found that Ohio has an annual accidental injury-death rate of 55.9 per 100,000 people; West Virginia’s rate is 88.2; Pennsylvania’s rate is 59.4. The national average is 57.9 deaths due to injury per 100,000 people.

The report, titled “The Facts Hurt,” concludes that millions of injuries could be prevented each year if more states adopted additional research-based injury prevention policies. Fewer people would be injured in car accidents in West Virginia, Pennsylvania, Ohio and elsewhere in the country if programs were fully implemented and enforced, according to the report.

Currently 29 states do not require bicycle helmets for children and 31 states do not require helmets for all motorcycle riders. The authors of the report say seat belts saved an estimated 69,000 lives in car accidents from 2006 to 2010. Furthermore, about 8,000 lives were saved by motorcycle helmets between 2005 and 2009, according to the report.

If you or a loved one was injured in a motorcycle accident, a car accident or through some other form of negligence, contact a lawyer with our firm. Call 1-800-HURTLINE to learn about your rights for an experienced personal injury attorney serving West Virginia, Ohio and Pennsylvania.

Recht Law Offices
3405 Main Street
Weirton, WV 26062-4505

It can be hard to admit when you’ve been injured at work, particularly if it’s a slow-developing injury or one that’s not too common.  Injuries that are clearly very serious—such as a spinal cord injury or fall from a ladder broken back on a construction site job, brain injury from a company car accident or a bad burn from a restaurant job or working with toxic chemicals—are usually attended to immediately, often requiring an ambulance and sometimes hospitalization.

At Recht Law Offices, the Ohio, Pennsylvania and West Virginia workers compensation lawyers know it’s all too easy for loyal, hard-working employees to be stoic and not complain about pain, especially when it’s from gradually worsening type of injury. These injuries can be equally debilitating and are often musculoskeletal, requiring longer rehabilitation than more immediately severe injuries, and can mean months of physical therapy or occupational therapy for full recovery.

Such injuries include common hospital worker injuries such as muscle strains from heavy lifting, repetitive stress injury and carpal tunnel syndrome, which are well-known office job and assembly-line injuries, and knee injuries from going up and down stairs and ladders, which is a frequent construction worker injury.

When you’ve had the same job for many years and know all your colleagues personally, or if you are a friend or relative of the owner, it can be even harder to call attention to pain from on-the-job injuries. These days, it is standard practice for companies to carry Workers Compensation insurance, which helps employees recover from injuries at work. Dealing with insurance adjusters can be difficult, however, making the process of healing more lengthy and complicated.

Work injuries should be taken very seriously, even if they seem minor at first. If treatment is not obtained quickly, the recovery process will very likely be longer than it needs to be. You deserve compensation for your work injuries, whether you suffered a major construction accident injury or a more slowly developing chronic pain from repetitive job duties.

If you or someone you love was injured at work, or if you lost a loved one, in a wrongful death job accident, you need the aggressive legal representation of Ohio, Pennsylvania or West Virginia personal injury attorney Recht Law Office. We fight for justice. Call Recht Law Offices at 1-800-HURTLINE or complete the online contact form.

Recht Law Offices
3405 Main Street
Weirton, WV 26062