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Get free information about your car accident, medical malpractice case, dog bite, personal injury and so much more now. The Miley Legal Group is here to provide you with the resources you need to better understand your situation and how we can help. Click on the drop down menu and select the topic to see what questions we may have answers for. If you have any additional question, please contact us by phone or fill out the contact form found on this page.
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Can Clarksburg truck drivers take drugs to stay awake while on duty?
As it currently stands, the Federal Motor Carrier Safety Administration (FMCSA) does not regulate truck drivers’ use of over-the-counter stimulant supplements. However, the agency does regulate the number of consecutive hours that truck drivers can work. If a driver feels the need to take drugs to stay awake, he may have been on the road too long and that is illegal.
Truck Drivers and Stimulants
Many in the truck driving industry use stimulants like caffeine pills and more. Truck drivers cite several benefits of taking stimulants. Stimulants can reduce sleepiness, as well as improve their reaction time and attention when driving. However, there are several downsides, as well.
Citing previous research, an article in the American Journal of Epidemiology explains that stimulant supplements can have the following negative repercussions for truck drivers.
- Driving impairments such as risky behavior
- Increased sleepiness as a result of withdrawal from stimulants
- Overall negative effects from taking high doses, including confused speech, rapid pulse, agitation, paranoia, and an aggressive attitude
The article reports an association between adverse outcomes like poor compliance with road rules, working hours rules, and an increased risk of falling asleep behind the wheel.
A Washington State Toxicology Lab study published in the Journal of Forensic Sciences noted that among drivers on stimulants, “typical driving behaviors included drifting out of the lane of travel, erratic driving, weaving, speeding, drifting off the road, and high speed collisions.”
Injured in a truck accident? Consult our attorneys in Clarksburg.
If you or your loved one were involved in a truck accident and you believe the truck driver was under the influence of some type of stimulant, you might be able to file an injury or wrongful death claim against the trucking company. To discuss your legal options with an attorney in Clarksburg, Contact the Miley Legal Group at 304-931-4088 for a free consultation.
Do I need a wrongful death attorney in Clarksburg?
If your loved one’s death falls under wrongful death, you may need a wrongful death attorney to help you file your claim and secure damages to which you're entitled. Of course, you don’t have to hire a lawyer, but doing so can help you ensure you take all necessary legal steps and can help you build your wrongful death case against a negligent party responsible for your loved one's death.
Wrongful Death Claims in West Virginia
West Virginia Code §55-7-6 provides the rules for filing wrongful death claims. The law states that the only person who can file a claim is the “personal representative of such deceased person who has been duly appointed in this state, or in any other state, territory or district of the United State.”
The representative files the claim, but any monies collected will be distributed to the qualifying beneficiaries. Below are some of the dependents that may be named as beneficiaries in a wrongful death claim.
- Natural children
- Adopted children
- Other people that were financially dependent upon the decedent
Many families who’ve lost their loved one in a wrongful death find it helpful to hire a wrongful death attorney. A lawyer can explain the claims process, help compile evidence to support your claim, and answer any questions you have along the way.
It’s important to note that West Virginia law has a statute of limitations for when a wrongful death claim can be filed. The claim must be brought within two years of the death or you’ll lose your rights to compensation. If you are considering pursuing a wrongful death lawsuit, it’s important to not delay in taking action.
Get a Free Consult with a Wrongful Death Lawyer at Miley Legal
If you recently lost your loved one to an untimely death, our attorneys at the Miley Legal Group are here to assist you. Contact us at 304-931-4088 to schedule a free consultation at your convenience.
What is collision coverage and how does it help in a Clarksburg accident?
While most have some understanding of liability insurance, many wonder, "What is collision coverage?" when purchasing auto insurance or after a wreck as they explore options for recovering damages.
Collision coverage is not among the minimum insurance requirements in West Virginia. It pays for damage to your car (minus your deductible) if you’re in a collision. Read on to learn more about this coverage.
Understanding Collision Coverage
If you carry collision coverage, your insurance company will pay for the repairs to your car if you’re involved in an accident. It can apply if you’re involved in an accident with another party or if you hit a stationary object. It applies regardless of whether you or another party is to blame for the wreck.
Here are the two basic things you need to know about collision.
- Cash value: The insurance company will only pay for damages to your car up to its actual cash value. If repair costs exceed the actual cash value, then it may declare your car totaled, or is considered a “total loss.”
- Deductible: You will also have to pay a deductible, usually around $500. Generally speaking, the more your car is worth and the lower your deductible, the higher your premiums (monthly out-of-pocket payments).
If you are financing a new car, your lender may require that you carry collision coverage. Car lenders will usually require what’s called comprehensive coverage, which differs from collision. This covers damage that occurs to your car in other ways, such as by fire or other perils.
However, if you have an older car, collision coverage may not be a good choice for you. CNN Money explains: “For cars worth less than $5,000, comprehensive and collision probably aren't worthwhile. Over time, the premiums you'll fork over will probably exceed the payout, even if your car is totaled. Plus, in an accident that isn't your fault, you can figure that the other driver's insurance will cover your car.”
To determine whether or not collision coverage is right for you, you can speak to your insurance provider and discuss your needs and review your options.
Injured in an Accident in Clarksburg? Call the Miley Legal Group
Collision coverage covers vehicle damage, but it doesn’t cover your medical bills, lost wages, or pain and suffering. For more information on how to pursue compensation for these types of damages if you're ever in an accident in Clarksburg, call our injury attorneys at the Miley Legal Group today. Contact us today at 304-931-4088 for a free consultation.
Is suing the retailer where I purchased the defective product allowed in Clarksburg?
When you’ve been injured by a defective product in Clarksburg, there are generally three potential parties that may be liable in a defective product claim.
- The manufacturer
- The distributor
- The retailer
In some cases, all involved parties along the distribution chain will be named as defendants if you decide to file a suit.
Determining Negligence in Defective Product Case
Defective product claims, or product liability suits, can be based upon the concept of negligence. The entities that acted negligently or carelessly in regard to the defective product may be liable for any damages the product causes. However, a manufacturer is generally strictly liable for a defective product, even if it was not negligent.
Each case has unique elements and circumstances, so product liability cases generally have to be analyzed by an attorney to identify which party(ies) are at fault and should be named defendants.
In most cases, suing a retailer may only be an option if the company had knowledge that the product was defective and continued to sell it. For instance, let’s say a manufacturer stopped making a certain cleaning product because its fumes caused potential harm to consumers. A retailer knew about the manufacturer’s decision to cease making the product, and yet the retailer continued to sell the dangerous product on its shelves.
If a consumer was injured as a result of using the cleaning product, he/she may be able to sue the retailer, and perhaps the manufacturer, as well.
Get Legal Help for a Defective Product Claim in Clarksburg
It’s important to seek an attorney’s help in serious product liability cases because first, you want to ensure you sue the right party, and second, manufacturers and retailers have sizable legal teams working on their behalves, so you’ll need a lawyer of your own to go head-to-head and fight for your best interests.
For a free consult with a product liability attorney in Clarksburg, contact The Miley Legal Group today at 304-931-4088.
Is PTSD common after a dog attack?
Unfortunately, yes, post-traumatic stress disorder and other emotional and psychological conditions are quite common after a dog attack. Fears and sadness after an attack can sometimes be worked out by talking them over with loved ones, and leaning on your support system.
“Unfortunately, in some cases this is not enough to fix the problem. This is especially true if the attack is severe or life-threatening. In these instances, it is so common for there to be bad side effects that there is a medical term used by doctors and mental health to describe the condition. It is called Post-Traumatic Stress Disorder (PTSD),” explains the Children's Hospital of Pittsburgh of University of Pittsburgh Medical Center.
Symptoms of PTSD after a Dog Attack
Unfortunately, children often suffer the most from PTSD. More than half of children bitten by a dog experience PTSD symptoms two to nine months after the attack, according to a study published in The Journal of Pediatrics.
Symptoms can include the following.
- Irrational fears and phobias
- Depression or feeling numb
- Recurring memories and flashbacks
- Avoidance of or inability to discuss the attack or the injuries
- Hyper-arousal (easily startled)
- Physical symptoms of panic, i.e., racing heartbeat, sweaty palms
The mother of a six-year-old girl who was attacked by a large dog and sustained serious injuries explained that not only did her daughter have nightmares, but she was constantly afraid “something bad” was going to happen to her or her family. In a news report, the mother commented, “She was afraid to step outside. She didn’t even want to walk to the mailbox.” The little girl was diagnosed with PTSD.
Legal Help in Clarksburg after a Dog Attack PTSD
If you or your child suffered physical and emotional injuries such as PTSD after a dog bite attack, you can contact The Miley Legal Group for a free consultation to discuss your legal options. Call us today at 304-931-4088 to schedule a brief appointment.
Can I sue a motorcycle manufacturer after an accident in Clarksburg?
Most understand they may sue a negligent motorist who causes a motorcycle accident. But some ask, “Can I sue a motorcycle manufacturer if the bike was defective?” The answer is yes, you can hold a bike manufacturer liable for damages.
Motorcycle manufacturers owe their customers a duty of care to design and manufacture safe, reliable vehicles. When they fail to do so, they are liable for medical bills, lost wages, pain and suffering, and other damages that arise because of an accident related to the defect.
Holding a Motorcycle Manufacturer Liable for a Clarksburg Wreck
To hold a motorcycle manufacturer liable you must gather evidence that shows there was a defective component in the motorcycle. It may be helpful to watch the National Highway Traffic Safety Association (NHTSA) recall website for listings of all recent recalls and instructions on how to obtain a repair or replacement.
If no recall notice was issued and you believe a defective motorcycle caused your accident, you will need to allow investigators to examine your damaged bike to identify any potential defects. In any motorcycle accident where you suspect your bike failed because of a defect, ensure your bike is kept in a secure location following removal from the crash scene. The wreckage will need to be examined to determine if a defective in the bike or one of its parts led to your crash.
The investigators reports and other motorcycle accident evidence in defective product cases can be critical to recover damages.
Get Help from a Lawyer to Prove Motorcycle Manufacturer Liability
Filing a claim against a motorcycle manufacturer for a defective motorcycle is not a task to undertake on your own. A motorcycle accident and defective product attorney will help you determine your rights as a consumer and the duties the motorcycle manufacturer owed you in the production and sale of your bike. There are third parties such as mechanics and motorcycle dealerships that may also be liable if they resold recalled bikes or parts.
At the Miley Legal Group our attorneys assist injured motorcyclists in cases of accidents and defective products. Many come to us with questions like, “Can I sue a motorcycle manufacturer?” or “How much is my case worth?” We can address these questions based on the facts of your case.
If you believe you were injured in a motorcycle accident that was caused by a defective motorcycle, contact us today to schedule a free, no-obligation consultation: 304-931-4088.
What should I expect in a truck accident case?
If you are filing a truck accident claim or lawsuit against a trucking company, expect a challenge. Trucking companies are known to hire legal teams to help them wiggle out of responsibility for truck accident cases. Some might even destroy evidence or use legal argument to deny liability.
A truck accident case is different from a car accident claim in that there might be multiple parties liable (truck driver, truck company, shipping company) and there may be additional evidence available (driver personnel file, hours-of-service reports).
Injured victims can meet this challenge by hiring an attorney well versed and successful in truck accident claims to back them up and fight for their best interests.
What it Takes to Win a Truck Accident Case
Cases against trucking companies may not be easy, but with the right tools and resources, it’s quite possible to recover adequate compensation for damages. In order to bring a truck accident lawsuit or claim successfully, you’ll need the following elements listed below.
- Legal help: Going head to head with company’s legal team often requires legal counsel of your own. Enlist the help of an attorney to preserve and gather evidence, build a case, and ensure your rights are upheld throughout the legal proceedings.
- Evidence: You and your attorney will need to collect ample evidence that shows the truck driver or the company was at fault (perhaps from maintenance records, the driver’s logbooks, or video cameras).
- Proof: In order to calculate and demonstrate the value of your case, you’ll also need to be able to produce proof of your injury and its effect on your life. This might mean doctors’ reports, medical bills, evidence of lost wages, and testimonies from medical or mental health experts.
- Tenacity: In the aftermath of a serious truck accident, it’s natural to want to settle the case as quickly as possible. Your attorney will attempt to handle it as expeditiously as possible, but a good dose of tenacity and patience will be necessary to see the case through to completion so you get the damages to which you are entitled.
Free Consultation about a Truck Accident Case with a Clarksburg Attorney
If you or a loved one is considering filing a truck accident case against a trucking company, seek legal counsel first. For a free consult in Clarksburg, WV, contact the Miley Legal Group at (304) 931-4088.
If the deceased lived in West Virginia, but the beneficiaries lived elsewhere, do they file for wrongful death out of state?
If the fatal accident occurred in West Virginia, then the beneficiaries will file a wrongful death lawsuit in West Virginia, even if they are not a resident of that state. There are state-specific guidelines and protocols wrongful death beneficiaries will have to follow, so it’s important for them to speak with an attorney to discuss the particulars of their case.
West Virginia Rules for Out-of-State Beneficiaries
The location of the accident or the defendant's residence determines where to file a wrongful death claim, not the beneficiaries’ residence. West Virginia law provides that personal representatives for out-of-state beneficiaries can bring a wrongful death suit to a West Virginia circuit court.
The personal representative of the beneficiaries – if appointed in another state – will have to pay a $100 surety bond to the courts as a promise that they will follow all the laws and proceedings required by West Virginia.
Specifically, West Virginia Code §55-7-6 provides: “If the personal representative was duly appointed in another state…such personal representative shall, at the time of filing of the complaint, post bond with a corporate surety thereon authorized to do business in this state, in the sum of one hundred dollars, conditioned that such personal representative shall pay all costs adjudged against him or her and that he or she shall comply with the provisions of this section.”
The statues also say that the court has the authority to increase or decrease the surety bond if there is good cause.
Hire an Attorney if Filing for Wrongful Death Out of State
If you recently lost a loved one in an accident in West Virginia, speak with an attorney in the state about your legal options, even if you live out-of-state. An attorney will be able to determine whether or not your loved one’s death meets the elements of wrongful death claim and take the steps necessary to pursue a settlement.
For a wrongful death attorney in Clarksburg, WV, call the Miley Legal Group. Contact us today for a free, no-obligation legal consultation: (304) 326-1800.
What types of treatments for a dog bite might I need after an attack?
There are approximately 4.5 million dog bite reports each year in the United States, sending at least 885,000 people to the hospital for treatment, reports the Centers for Disease Control and Prevention (CDC).
Roughly half of these cases involve children, and about 27,000 dog bite attacks are so severe that the victim requires reconstructive surgery, the CDC reports. But other types of treatments for a dog bite are more common.
Treatments for a Dog Bite
When a victim sustains a dog bite attack, the doctor’s first objective is to stabilize the patient, particularly if one of these injuries is present.
- a large amount of blood loss.
- broken bones.
- or, injured organs.
The tending physician will need to assess the injury to determine the extent of the damage, and will often have to use anesthesia in order to allow for a thorough examination.
Cleaning the wounds is also a top priority because the risk of infection is great with dog bites. The doctor might stitch up the wound as well and advise antibiotics. If the dog was rabid or if the dog’s rabies vaccination status is unknown, treatment to prevent rabies may be necessary.
Surgery may be required if broken bones or other internal damage is present. Broken bones and other injuries might require immobilizing the area with a cast or brace to be worn while the injury heals. Pain medication, physical therapy, and psychological counseling are other types of treatments for a dog bite that a doctor might also recommend depending upon the type and severity of the injury.
Pursuing Restitution for Dog Bite Injuries
If you or a loved one was injured in a dog attack in Clarksburg, you may be able to file a claim and recover damages from the owner, including those related to your dog bite treatment. To discuss your options or to take a legal action, contact the Miley Legal Group at (304) 931-4088 to set up an appointment to speak with an attorney.
Why is it important to have a truck accident attorney?
A serious accident with a large 18-wheeler on Clarksburg’s highways or major roadways can cause significant hardship and injuries. It’s important to hire a truck accident attorney when a commercial truck is involved in the accident for several reasons as outlined below.
Reason #1: Knowledge of Trucking Laws Can Benefit Your Case
Commercial truck drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and have a large number of laws and protocols to which they must adhere. If the driver and/or company is in violation of one of these laws when your accident occurred, their negligence may help you prove fault on their part.
Proving the other party’s fault is fundamental to obtaining a settlement. A truck accident attorney will be familiar the FMCSA regulations and can comb through the evidence to identify negligence, which will be vital to the successful resolution of your case.
Reason #2: Truck Companies Will Have a Legal Team Working Against You
Truck accident companies invest a lot of money in securing a legal team. Their attorneys are on the ready to defend against claims from truck accident victims. They may employ a number of tactics to convince victims to agree to small settlements or to discredit their claims altogether.
It would be quite difficult for a truck accident victim to go head to head (successfully) with a trucking company’s legal team. When you hire a truck accident attorney, he will help you build your case, ensure your rights are upheld, and push for a fair settlement.
Reason #3: You Need to Focus on Healing
Another reason it’s in your best interest to obtain an attorney when a truck is involved is because you’ll want to focus on healing in the aftermath of the accident rather than on stressful legal matters.
Given the seriousness of truck accidents, your damages are likely extensive and it’s important to ensure the claims process is handled correctly so that you can be compensated accordingly. When you have an attorney representing you, you can rest easier knowing that a capable legal professional who has your best interests in mind is working on your behalf.
Consulting a Truck Accident Attorney in Clarksburg
For a truck accident attorney in the Clarksburg area, contact the Miley Legal Group at (304) 326-1800 to set up a free consultation.