Virginia Trucking Accident Attorney Blog » WV

WV Coal Truck Driver Admits Using Drugs Before Causing Crash That Injured Other Trucker

jcooper — Thu, 27 Oct 2011 02:16:55 +0000

By John Cooper, Trucking Accident Injury Attorney

A West Virginia (WV) coal truck driver who drove his vehicle into another truck on Cabin Creek Road near Wealthy Acres in Kanawah County on October 20 has admitted to police he was taking the narcotic painkillers Suboxone (buprenorphine and naloxone from Reckitt Benckiser) and Oxycotin (oxcodone from Perdue Pharma) before starting his shift. WSAZ NewsChannel 3 reported that the driver who caused the head-on collision has been charged with DUI causing injury, driving under the influence of a controlled substance, driving left of center and reckless driving.

As experienced West Virginia trucking accident attorneys, my colleagues and I see a number of trucking accidents caused by alcohol or drug abuse. Impaired driving is the fourth most common cause of wrecks caused by truckers. Also, a study conducted by a Maryland trauma center revealed that approximately 34 percent of drivers involved in crashes admitted tested positive for only drugs, while just 16 percent tested positive for only alcohol.

This accident in West Virginia illustrates the large number of injuries and deaths caused by coal trucks. In December 2010, for instance, we reported that a coal truck driven in a reckless manner claimed the life of a 19-year-old in West Virginia.

If a truck driver who has taken drugs causes an injury, the trucker’s employer may be liable in a personal injury lawsuit. If you’ve have been injured due to a truck driver’s negligence, there are a number of important steps that need to be taken. We recommend downloading our guide to truck accidents.

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have experience handling truck accident cases. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses to practice in NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury attorneys host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. Check out our case results. Though not every case meets our criteria, we offer free initial consultations so give us a call at (800) 752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call.

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Pickup Driver Killed When Hit by Asphalt Truck in West Virginia (WV)

jcooper — Fri, 07 Oct 2011 18:31:15 +0000

By John Cooper, West Virginia Trucking Accident Injury Attorney

The 65-year-old driver of a pickup has been killed after his vehicle was hit by a heavy truck in West Virginia. The victim, Garry Smith, from Prichard, WV, was killed on Tolsia Highway/US 52 in Wayne County on the morning of October 6, 2011, WSAZ.com reported.

Investigators said the pickup driver was pulling onto the highway from Centerville Road when the fatal crash occurred. The asphalt truck’s driver had to be cut from the cab by firefighters and was taken to a local hospital with minor injuries.

As experienced Virginia (VA) trucking injury attorneys, my colleagues and I see far too many fatal and other serious accidents caused by big rigs and tractor-trailers. Often, the truck drivers are to blame.

Fr instance, in July, 2011 we reported on a case in which a tractor-trailer operator caused an accident on I-95 in Woodbridge, VA, in which he hit another big rig and a box truck. The crash was caused when the tractor-trailer driver failed to slow down when coming up to the scene of an earlier accident near the interchange with US Route 1.

Increasing number of Virginians are dying in accidents caused by distracted driving, according to a new study. And when you become distracted driving several tons of potentially dangerous metal, in the case of a truck, the consequences can be deadly.

It’s not unknown for truck drivers to be drunk at the wheel. Recently we reported on a case in Virginia in which three children on a church bus were injured by an intoxicated driver behind the wheel of a 10-ton truck.

We have handled a number of cases involving truck drivers, including a $3.5 million settlement we secured in 2010 for the family of our client who was killed when a driver in a flatbed truck rear-ended a passenger vehicle on I-64 in Norfolk, VA .

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Accident Involving Tractor-Trailer Leads to Injured Motorcycle Rider

rshapiro — Fri, 26 Aug 2011 16:47:15 +0000

By John Cooper, Truck Accident Injury Attorney

My colleague Jim Lewis has written about an accident involving a tractor-trailer and a motor bike rider. The commercial truck was speeding while coming around a bend and before slamming into another vehicle that hit the motor bike rider from behind. The rider suffered serious injuries. To learn more, check out “Motor Bike Rider Injured in Accident Involving a Tractor-Trailer.”

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have experience handling truck accident cases. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses to practice in NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury attorneys host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. Check out our case results. Though not every case meets our criteria, we offer free initial consultations so give us a call at (800) 752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call.

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Seat Belts May Have Saved Lives in West Virginia (WV) Pickup Accident

rshapiro — Thu, 07 Jul 2011 23:27:08 +0000

By Rick Shapiro, Trucking Accident Injury Attorney

An accident involving a pickup truck in West Virginia sent two people to a local hospital, but the injuries may have been far worse or even fatal if they were not wearing seat belts, according to police.

Details of an accident in Spring Valley, WV, on July 4, 2011, were provided in the Herald-Dispatch. Reports said the driver of the truck “lost control of his vehicle and struck a guardrail, which split in half and came into the cab of the trucks.” A woman, who was a passenger of the pickup truck that crashed near the intersection of Spring Valley Drive and Sherwood Drive, was flown by helicopter to a local hospital. The driver of the truck was transported by Wayne County EMS, police said.

Ceredo Fire Chief Dave Caudill described the crash as a “ textbook case of seat belts.” He continued: “Had she not had that belt on to hold her in place, it would have been a worse situation.”

Caudill also told the Herald-Dispatch that a WV State trooper was the first on the scene and he kept the truck from falling over an embankment it was teetering over before fire crews arrived.

Our experienced Virginia personal injury attorneys are constantly stressing the importance of seat belts.

In a recent post on our Eastern Shore site my colleague John Cooper noted how a 17-year-old girl was tragically killed in a car crash on the Eastern Shore town of Accomack, VA back in early March 2010. She was driving on Upshurs Neck Road near Quinby Bridge Road when her car swerved off the road and hit a tree. Sadly, the teen apparently wasn’t wearing her seat belt.

Seat belts save an estimated 9,500 lives each year, according to the National Highway Transportation Safety Administration. However, only 68 percent of drivers wear their seat belt. We see this figure as a staggering one. If more drivers took the basic precaution of buckling up they might survive accidents they would otherwise perish in.

Certainly in the case of this accident in West Virginia, a seat belt appears to have been the difference between life and death.

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Mother Killed, Children Injured in Accident With Coal Truck in West Virginia (WV)

rappleton — Wed, 22 Jun 2011 21:03:36 +0000

By Randy Appleton, WV Truck Accident Injury Attorney

A mother has been killed in a collision with a coal truck that left her husband and two children injured in Mingo County, West Virginia (WV). The accident happened on Dingess Road near the Dingess Tunnel about 10 a.m, on June 20, 2011. The victim’s husband suffered from several fractures, and her children suffered minor injuries, WSAZ.com reported.

The driver of the truck also suffered minor injuries. The cause of this tragic crash remains under investigation.

Our experienced Virginia (VA) personal injury attorneys have reported on a number of accidents involving coal trucks in West Virginia and we are concerned about their regularity. Last year, we we wrote abot how a coal truck driver in Fayetteville, WV, operated the vehicle in a reckless manner and hit a Chevrolet Trailblazer SUV driven by a 19-year-old. The teenager died in the truck-SUV crash. The coal truck driver apparently crossed a center line and hit the SUV head on. Police said the coal truck driver was distracted because he took his eyes off the road.

Earlier this month in Charleston, WV, an 89-year-old woman died when she pulled out in front of a coal truck on Cabin Creek Road in Dry Branch, according to police. In this case, investigators said the coal truck driver couldn’t have avoided the fatal crash, the Charleston Gazette reported.

While what caused the June 20, 2011, accident is unclear, it is apparent that accidents involving heavy coal trucks in West Virginia often have fatal consequences.

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Tractor-Trailer Police Chase Leads to Multiple Injuries

rshapiro — Wed, 22 Dec 2010 17:45:40 +0000

By Rick Shapiro, Personal Injury Attorney

A tractor-trailer driver is in custody after leading police on a chase up Interstate 81 (I-81) through parts of West Virginia (WV) , Maryland (MD) and Pennsylvania (PA), reports The Times Leader. The truck with Mississippi plates struck several civilian and police vehicles along the 12-mile Maryland stretch near Hagerstown on Monday morning.

The driver’s blatant disregard for the safety of others is unfathomable. It must have looked like something out of a movie- the huge big rig bearing down on cars, speeding across the interstate and causing mass confusion, with police in hot pursuit.

After a hard day’s work, this is no movie, this is reality. Accidents caused by cars are bad enough but when a big rig wrecks into a car the injuries can be catastrophic. Motorists were lucky this time and no major injuries were reported. Too often, police chases end in horrific car accidents, which may result in serious injury to innocent motorists who were literally in the wrong place and the wrong time.

When a situation like this occurs, you may wonder who is responsible for the damage to vehicles and property, as well as the medical bills that will be generated from the injuries. Does the law enforcement agency whose officers were involved in the chase make compensation, or will the person who was driving the vehicle that was being chased? The truth is that every case is different-an experienced injury attorney needs to sort it out, and more than one party may have responsibility.

Federal Motor Carrier Regulations require these large commercial trucks, which cross state lines, to carry minimum insurance coverage-including minimum liability coverage. The federal law requires a commercial transportation company to maintain at least seven hundred & fifty thousand dollars ($750,000.00) of insurance coverage on the big rig (commercial vans/busses require higher rates depending on passenger capacities). This is true even for smaller companies which haul freight in interstate commerce.

CA.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY, FL and DC. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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Faulty Brakes May Have Caused Fatal Truck Accident

rshapiro — Thu, 09 Dec 2010 13:50:58 +0000

By Rick Shapiro, Personal Injury Attorney

Over the weekend a tragic accident occurred when a coal-hauling truck overturned at a Massey Energy Co. mine site in West Virginia (WV), killing Charles Qualls. My thoughts go out to his family and I am sorry for their pain. It is always a terrible loss when a family member unexpectedly passes, especially when it seems the accident could have been prevented and at a place we often think of as safe: work.

Qualls won’t just be missed by his family but the entire community. He was a member of the Glasgow Volunteer Fire Department and is the second member to die this year, reports West Virginia Public Broadcasting.

The crash happened on a haul road owned by the coal company and we are unsure if it was caused by faulty brakes and icy roads. Two inspectors were sent to investigate the wreck. In either case the mine company needs to take the safety and health of their employees more seriously.

If the road was icy, steps need to be taken to ensure safe driving conditions. Even worse if the brakes on the truck were defective the family of the victim would have good reason to pursue a wrongful death case. Sending someone to work in dangerous conditions with faulty equipment is a recipe for disaster and could violate both state and federal trucking regulations.

Massey says it will investigate the crash and work to ensure its haul roads are safe.

CA.

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Truck Accident in Glasgow, WV Leads to 2 Deaths, Serious Injuries

rshapiro — Mon, 04 Oct 2010 21:25:34 +0000

By Emily Mapp Brannon, Truck Accident Lawyer in Virginia

A pickup truck was traveling west on U.S. 60 in Glasgow, West Virginia (WV) and a coal truck was traveling east. Unfortunately, their paths crossed in a horrific head-on wreck that took two lives. In addition, two people suffered serious injuries. The pickup truck was practically demolished.

This truck crash is still under investigation so we do not know what exactly caused the wreck to occur. The crash occurred at around 1:30pm in the afternoon and bad weather does not appear to be a factor.

This accident illustrates the devastation that can occur when a large commercial truck is involved in an accident. Emergency rescuers had to cut the roof off the cab of the pickup truck to retrieve the injured occupants, according to wvgazette.com.

My deepest condolences go out to the families of the victims who lost their lives in this terrible accident. A sudden loss is always gut wrenching and usually leads to more questions than answers as to what happened.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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West Virginia Woman Suffers Traumatic Brain Injury after Truck Accident

jcooper — Thu, 18 Feb 2010 17:42:04 +0000

By John Cooper, Truck Accident Lawyer

A West Virginia (WV) woman was driving her car on a Martinsburg road when a truck slammed into her vehicle causing a major wreck.

The car was practically crushed and the damage was so bad that it was virtually impossible to look inside to determine the severity of her injuries.

“The passenger-side door was [smashed] in so much that it was pretty much against [the] driver’s seat and [the] driver’s-side door was against the side of the hill, so there was no way to really get in other than the back window,” which was broken out, said Deputy Brandon Haynes.

Deputy Haynes put forth a heroic effort at the scene of the accident to keep the victim alive. They are fortunate to still be with us, but it appears their injuries have completely altered their quality of life and may never fully recover.

The victim suffered a traumatic brain injury as a result of this terrible accident. Doctors indicate they are blind and will need to learn basic functions like eating and walking. In addition, they routinely suffer from high fevers since the area of the brain that was damaged controls body temperature. Hopefully, the victim, who is only 24 years old, will be able to gain some semblance of their former life.

This accident illustrates the damage that can be done in a car/truck wreck. The difference in size, weight, and height between the two vehicles is so vast that the brunt of the damage is usually inflicted upon the car (and whoever is in it).

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

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