Proudly Fighting
for West Virginia
Injury Victims
RECOVERING MILLIONS FOR OUR CLIENTS

GET A FREE CONSULTATION

How Do You Know When You’re Too Tired to Drive?

Published on Oct 31, 2019 at 10:46 am in Car Accidents.

Closeup of two hands on steering wheel

In 2015, a 20-year old woman had just finished an overnight shift at a clothing store and was driving home when her drowsiness took over. She had only slept 3 of the last 36 hours, which caused her to crash into another car, killing the other driver. The 20-year old received up to two years in prison, and her license was suspended for three years.

She knew she shouldn’t have been driving because she was exhausted, and her actions had severe consequences. This accident shows that driving while tired is just as dangerous as drunk driving because your reaction time is delayed, and you have trouble focusing on what you’re doing.

Each year, there are about 37,000 car crashes caused by drowsy driving that result in injury, and just under 1,000 that are fatal, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA goes on to say that most drowsy driving crashes occur between midnight and 6 in the morning, and usually are single vehicle crashes with just a driver. So how do you know when you’re too tired to drive?

When Would I Need to Have a Lawyer Look Over My Employment Contract?

Published on Oct 23, 2019 at 1:43 pm in Employment Law.

Person signing contract

Beginning a new phase in your career is an exciting time. But prior to your first day, your signature is needed on a number of documents. Arguably the most important is your employment contract. While the document could be a simple page laid out in an easily digestible way, other contracts are lengthy and intimidating.

Contracts are often filled with vague and confusing legal terminology. Before signing anything, it’s beneficial to have a lawyer look over your employment contract. This way, you’ll have a comprehensive understanding of what you’re agreeing to and, if necessary, you’ll be able to tactfully negotiate terms.

The Difference Between Proximate and Actual Cause in a Personal Injury Case

Published on Oct 16, 2019 at 3:26 pm in Personal Injury.

Understanding the legal concepts surrounding a personal injury case can be overwhelming without the right legal counsel. Fortunately, the lawyers at DiPiero Simmons McGinley & Bastress, PLLC have years of experience in a wide array of personal injury cases. Whether you were injured in an automobile accident, on someone’s property, or by a doctor, we can examine your situation and help you determine how to proceed.

Every step of the way we’ll make sure you understand how your case is proceeding. This includes explaining legal terms and how they relate to you. When proving your accident resulted from another party’s negligence, we’ll use the terms “proximate” and “actual” cause. Let’s take a look at what those terms mean.

How is Liability Determined in Accidents with Company Vehicles?

Published on Oct 2, 2019 at 12:16 pm in Car Accidents.

Close up of scuffed white car

If you’ve been involved in a car accident, your next move may be thinking about suing the other party for negligence. However, if the person was driving a company car, you may also have the option of suing the employer. Because car accident cases like this can quickly become complex, it’s important to have an experienced lawyer at your side. The attorneys from DiPiero Simmons McGinley & Bastress, PLLC will do everything possible to get you the compensation you deserve.

We’ll find out the facts of your case through careful investigation. If we believe you have a valid claim against the employer, then we’ll work as diligently as possible to build your case.

While whether or not you can sue the employer can be tricky to find out, our lawyers will look into the details of your case and explain your options to you. Before learning more about how we can help, let’s look at some situations where the employer may or may not be held liable for an accident.

What Effects Can a Debilitating Injury Have on an Entire Family?

Published on Sep 25, 2019 at 2:25 pm in Car Accidents.

An accident could happen anywhere—a car crash, the workplace, in a sport, or even at home. If an accident is bad enough, it can cause serious injuries that are debilitating to the victims. Each year there are over 20 million traumatic injuries caused by motor vehicle accidents, as reported by the World Health Organization (WHO). Not only do traumatic injuries affect the physical and mental health and abilities of a victim, but they can also greatly impact the victim’s family in the same ways.

What Form Does Negligence Take for Nursing Home Patients with Dementia?

Published on Sep 11, 2019 at 11:58 am in Nursing Home Abuse.

People with diseases like Alzheimer’s and other forms of dementia can be unpredictable in their moods, actions, and thoughts. The symptoms of dementia, like memory loss and trouble concentrating, can make it hard to reason with the person about their behavior because they might not remember acting out, or they might not see themselves as wrong. This unpredictable nature can lead to behavioral or safety issues if the patient is not properly monitored and supervised.

If your loved one is in a long-term facility, you should always pay attention to the care that they’re receiving. Unfortunately, nursing home abuse is a real possibility. Most patients with dementia require extra attention and care. Keep reading to find out what form negligence takes for nursing home patients with dementia so that you know what to look for in your loved one.

What to Do When HR Won’t Address a Workplace Harassment Issue

Published on Aug 14, 2019 at 3:15 pm in Employment Law.

Workplace harassment, a form of discrimination, is something to be taken seriously. It’s generally referred to as a pattern of behavior that causes an employee to feel uncomfortable in their workplace. So why doesn’t HR always take it as seriously as they should? In 2018, there were 26,699 cases of workplace harassment filed according to Equal Employment Opportunity Commission (EEOC). But just because cases are reported doesn’t mean HR properly handled them.

Who’s Responsible if a Child is Seriously Injured at a School?

Published on Aug 7, 2019 at 2:02 pm in Premises Liability.

Your child spends most of their day at school during the school year, and not in your care. You expect the school to keep your child safe, just as you would. But some teachers or administrators may act negligently when it comes to supervision, protection, or maintenance, even though they are supposed to be acting in place of parents, or “in loco parentis.” Certain cases of negligence fall under premises liability, and you may be able to sue a negligent party if they did not uphold the standards expected of them and the institution.

Who’s Liable When Someone Is Seriously Injured on a Trampoline?

Published on Jul 31, 2019 at 1:58 pm in Premises Liability.

Trampolines are a fun and different way to be active. Adults may see it as a form of exercise and kids typically can’t wait to get on one and start jumping until they tire themselves out. While trampolines may seem like an enjoyable way to pass the time, there are considerable concerns when it comes to the types of injuries a trampoline can cause. It’s even more confusing when you’re wondering who is liable for the injury.

What Can We Do to Prevent Accidents that Happen at Intersections?

Published on Jul 10, 2019 at 2:29 pm in Car Accidents.

Even though intersections are a common aspect of driving, many people do not handle them with the caution they should. Some intersections are simpler and only have yield or stop signs. Some are complex and have turning lanes, stoplights, or more than two roads. In fact, about half of all crashes occur at or around intersections. Most of these are side impact or T-bone collisions, which have a higher death rate than other crashes. Intersections are especially dangerous for cyclists and pedestrians, as a speeding car might not see them until the last second. No matter what, car accidents at intersections take a toll on all of those involved.