Tipton Law Offices Fairmont WV Personal Injury Attorney | Tipton Law Offices 2025-03-31T12:31:10Z https://www.tiptonlawwv.com/feed/atom/ WordPress On Behalf of Tipton Law Offices <![CDATA[Why you need to understand your motorcycle insurance policy]]> https://www.tiptonlawwv.com/?p=47711 2024-07-26T09:35:19Z 2024-07-26T09:35:19Z Motorcycle accidents can happen anytime, often when you least expect them. Understanding your motorcycle insurance policy ensures you know what to do when accidents occur. It also helps you protect yourself financially and legally.

Types of coverage available

Motorcycle insurance policies fall under various types of coverage. Knowing these options helps you choose the right policy for your needs.
  • Liability coverage: Covers costs if you cause an accident, including property damage and bodily injury to others.
  • Collision coverage: Optional coverage for motorbike repairs after a collision with another vehicle or object.
  • Comprehensive coverage includes non-collision situations like as theft, vandalism, and natural disasters.
  • Uninsured/underinsured motorist coverage: Protects you if the at-fault driver lacks sufficient insurance.
  • Medical payments coverage: Covers medical expenses for you and your passengers, regardless of fault.
  • Accessory coverage: Covers custom parts and accessories added to your motorcycle.
Choosing the right combination of coverage types ensures you are adequately protected in various situations. Each type of coverage offers unique benefits, making it essential to understand their differences.

What to look for when getting a policy

When selecting a motorcycle insurance policy, consider several key factors.
  • Compare premiums and deductibles. Higher deductibles usually mean lower premiums but require more out-of-pocket expenses during a claim.
  • Check the limits of liability and other coverages to ensure they meet your needs.
  • Review the insurance company’s reputation for customer service and claims handling.
  • Ensure the policy covers any custom modifications to your motorcycle.
It is advisable to read the fine print to understand exclusions and limitations.

Can an insurance company deny your claim?

If an insurance company denies your claim, take immediate action. Typically, West Virginia has a minimum liability limit so check the limit before filing a claim. Additionally, you can contact your insurance provider for assistance and clarification. If the issue remains unresolved, you may want to seek a legal professional who can help you navigate the appeals process and fight for your rights.]]> On Behalf of Tipton Law Offices <![CDATA[The life-altering injury that many people overlook after a wreck]]> https://www.tiptonlawwv.com/?p=47709 2024-07-19T17:45:15Z 2024-07-19T17:45:15Z Brain injuries are hard to diagnose Car crashes are a leading cause of traumatic brain injuries (TBIs). People can hurt their brains due to blunt force trauma. The sudden motions of the vehicle can cause bleeding and swelling inside the skull. People may suffer penetrating injuries caused by flying debris. Unlike a deep laceration or a fracture, a TBI may not present immediate warning signs. Instead, people may notice a slow development of symptoms over several days. They may only seek out medical care when their symptoms become severe. The longer it takes to diagnose a TBI, the worse the damage to the brain and the symptoms may become. A significant delay in diagnosis can worsen someone's overall prognosis. A delay can also make it more difficult to request compensation from the driver at fault for the crash.

Medical attention after a wreck is important

Many people involved in collisions want to handle the issue quickly and put the whole matter behind them. While that attitude is certainly understandable, it can lead to worsening injuries and financial challenges. Given the delayed onset of brain injury symptoms and how many different symptoms are possible, professional medical evaluation is the only way to be certain about whether or not someone has a brain injury. Taking the time to seek medical attention after a motor vehicle collision can be a smart decision. Those who know how to respond after a crash can more effectively protect themselves from the worst potential outcomes.]]> On Behalf of Tipton Law Offices <![CDATA[Can I file a wrongful death claim if the at-fault driver is uninsured?]]> https://www.tiptonlawwv.com/?p=47708 2024-07-19T05:46:13Z 2024-07-19T05:46:13Z How common are uninsured drivers on the road? When accidents occur, an insurance policy can provide a safety net for all parties involved. However, not everyone follows the law requiring auto insurance. According to the Insurance Research Council, about one in seven drivers on U.S. roads are uninsured. This statistic raises concerns for those who find themselves in accidents with these drivers, particularly in cases of severe injury or death.

Alternative possibilities for wrongful death claims

In the unfortunate event of a fatal accident caused by an uninsured driver, families may wonder about their options for seeking justice and compensation. While the situation is challenging, it's not without hope. Loved ones who are victims of wrongful death can still pursue claims despite the at-fault driver's lack of insurance. Several avenues exist for such claims:
  • Uninsured motorist coverage: This optional coverage on your own policy can provide compensation in such scenarios.
  • Personal assets: If the uninsured driver has significant personal assets, these may be pursued through legal action.
  • Employer liability: If the uninsured driver was on the job during the accident, the court may hold the employer responsible.
  • Third-party liability: In some cases, other factors like road conditions or vehicle defects may have contributed to the accident. This may open up additional avenues for claims.
Dealing with the loss of a loved one is never easy. While understanding your rights is important, legal complexities can add to the burden. Each case is unique and the path forward often requires careful consideration of various factors. In such difficult times, seeking guidance from experienced professionals can provide clarity and support as you pursue justice for your loved one.]]> On Behalf of Tipton Law Offices <![CDATA[Who is eligible for a wrongful death claim?]]> https://www.tiptonlawwv.com/?p=47706 2024-06-07T10:22:10Z 2024-06-07T10:22:10Z The death of a loved one due to someone else’s negligence can be dreadful and overwhelming. In most situations, the deceased’s family members may consider claiming compensation through a lawsuit. In West Virginia, state law specifies who can file a wrongful death claim. The personal representative of the deceased person’s estate must file the claim, often named in the deceased’s will or estate plan. The court may appoint a personal representative in case there is no will.

Who are the beneficiaries?

The personal representative of the deceased’s estate distributes the compensation retrieved from a wrongful death claim to the beneficiaries. These beneficiaries typically include:
  • Spouse: The surviving spouse of the deceased.
  • Children: This includes biological and legally adopted children.
  • Parents: Especially if the deceased was financially supporting them.
  • Siblings: They may be eligible, mainly if no surviving spouses or children exist.
Any other dependents might include relatives financially dependent on the deceased at the time of death. The West Virginia Code governs the distribution of damages awarded in a wrongful death lawsuit, outlining the proportions and priorities when multiple parties are involved. It is crucial for those involved to consult with a legal professional to navigate the specifics of filing a claim and ensure that the process adheres to West Virginia state laws. The passing of a loved one is an unimaginably difficult experience, and navigating the aftermath can feel tremendous. Although no amount of compensation can replace your loss, pursuing a wrongful death claim in West Virginia can offer a path to financial support and a sense of justice for your loved one’s untimely death.]]> On Behalf of Tipton Law Offices <![CDATA[What losses can I recover in a wrongful death auto crash case?]]> https://www.tiptonlawwv.com/?p=47702 2024-06-06T09:17:09Z 2024-06-06T09:17:09Z Types of damages The surviving family members of the deceased may seek several damages for wrongful death. The types of damages are:
  • Economic: These are quantifiable losses resulting from the death, such as medical bills incurred from the time of the accident until the deceased's death. Other economic damages are funeral and burial costs and lost income and benefits that the deceased would have given to their family had they survived the accident.
  • Noneconomic: These are more subjective and less tangible. Examples are claims for sorrow, mental anguish and solace, as well as for loss of companionship, comfort, guidance and advice.
  • Punitive: In some instances, the court may punish the defendant for their negligent behavior by awarding punitive damages.
As for the recipients of the damages, they are the surviving spouse, children, parents and siblings, depending on who survives the deceased. If there are no surviving family members, the damages go to the deceased’s estate.

Time limit to seek damages

Moreover, it is important to note that in West Virginia, the family has two years from the date of the death to file a wrongful death claim. Failing to file a lawsuit within this period may result in losing the right to recover damages.

Pursuing damages and justice

While no amount of money can bring back a loved one, understanding the damages recoverable in a wrongful death lawsuit can help relieve your financial burden and provide some sense of justice. With legal support, you may navigate the wrongful death law and deal with the overwhelming process during a time of grief.]]> On Behalf of Tipton Law Offices <![CDATA[Beware of drowsy driving]]> https://www.tiptonlawwv.com/?p=47704 2024-06-05T01:13:25Z 2024-06-05T19:04:41Z motor vehicle accident resulting in injuries and damages.

The dangers of drowsy driving

It might be surprising, but experts believe that drowsy driving is just as dangerous as drunk driving, which causes tens of thousands of accidents every year. Sleep deprivation can severely impair one’s driving ability. Some known symptoms are:
  • Slowed reflexes
  • Impaired judgment
  • Inability to focus
  • Reduced comprehension and logical ability
Another serious risk of sleep deprivation is “microsleep.” This is when someone suddenly falls asleep for around four to five seconds. These can happen at any time of day and you might not even be aware when it happens. This can become even more dangerous if someone is on the road.

How can drivers keep themselves safe?

Drowsy driving can make the road an even more dangerous place. However, there are things you can do to counteract this risk. You can:
  • Prepare your route: If you plan on taking long drives, you should map out your route so you can allot breaks during a trip and know where you can stop to get some rest.
  • Find a substitute: Bring a companion who can drive while you rest to avoid any chance of drowsy driving.
  • Get some rest: Even though life can get busy, it is crucial that you find time to rest so that you can drive safely.
  • Be aware: There are steps you can take to reduce your individual risk of drowsy driving, but the risk of other drivers feeling fatigued behind the wheel remains. Make sure you stay alert and defensive while driving to protect yourself from drowsy drivers.
By knowing the dangers of drowsy driving and possible ways to avoid it, you can help keep West Virginia roads safer.]]> On Behalf of Tipton Law Offices <![CDATA[3 of the top causes of semi-truck crashes]]> https://www.tiptonlawwv.com/?p=47700 2024-05-21T23:37:35Z 2024-05-21T23:37:35Z Mistakes by those in smaller vehicles The Federal Motor Carrier Safety Administration (FMCSA) analyzed thousands of semi-truck collisions to better understand these crashes. What they found was that slightly less than half of those collisions were caused by people in smaller vehicles. The most common mistakes included driving in the blind spots around commercial trucks, merging or turning too close in front of them or failing to leave them adequate space at intersections. Drivers who are aware of the proximity of semi-trucks and who adjust their behavior accordingly could avoid causing collisions that could alter their lives forever.

Mistakes by commercial drivers

When looking at the reason for collisions caused by semi-trucks, the top concerns relate to driver performance. Approximately 38% of those collisions involved a driver making the wrong decision, while another 28% involved drivers failing to recognize concerns in traffic. Roughly two-thirds of the collisions were caused by mistakes or omissions by a commercial driver. Another 12% of crashes involved non-performance. Some of those crashes involve drivers falling asleep at the wheel, while others involve medical emergencies. Some non-performance collisions are within the control of truck drivers, but others are clearly not.

Vehicle issues

One in 10 collisions caused by semi-trucks is the result of something wrong with the vehicle. Improper maintenance and delayed repairs might lead to a driver losing control and causing a crash while in control of a semi-truck. Those involved in semi-truck collisions may have a complex insurance claim ahead or might even need to file a lawsuit. Learning about what causes semi-truck crashes can help people protect themselves and feel empowered to act after a collision. Those who can identify what may have caused a collision may feel more comfortable demanding accountability from the other parties involved.]]> On Behalf of Tipton Law Offices <![CDATA[Dealing with insurance companies after a motorcycle accident]]> https://www.tiptonlawwv.com/?p=47699 2024-05-06T15:44:51Z 2024-05-06T15:44:51Z Understanding the insurance claim process When you file a claim for a motorcycle injury, the insurance company will likely request documentation and evidence to support said claim. They may also request an independent medical examination (IME) to assess your injuries. This is all standard procedure to ensure you’re making a real claim for injuries. However, insurers may attempt to limit the payments they owe you through their adjusters.

Be cautious around adjusters

Whether you’re making a claim with your insurer or the at-fault driver’s, they’ll send adjusters who will ask you all about the accident and your injuries. It might be tempting to cooperate with adjusters to get your claim on the way, but rushing into it could hurt your case. Adjusters may try to get you to admit some guilt over the accident to lower your payout or say something that could jeopardize the entire claim.

How to handle insurers

You should never admit fault or speculate about the cause of the accident. This can potentially ruin your claim. You should also avoid giving any recorded statements or signing any documents, at least without consulting a legal professional. An attorney may be incredibly helpful in filing claims for motorcycle accident injuries. The professional can help you navigate the complex claims process, handle negotiations with insurers and fight for your right to fair compensation. At the end of the day, insurance companies are businesses that prioritize their own financial interests. You can level the playing field by understanding your rights and taking the necessary steps.]]> On Behalf of Tipton Law Offices <![CDATA[Survey shows that distracted driving has increased]]> https://www.tiptonlawwv.com/?p=47697 2024-05-05T16:30:31Z 2024-05-05T16:30:31Z The increase in distracted driving According to the 2024 Travelers Risk Index, about 80% of people surveyed expressed their concern over distracted driving. This trend, which has been on the rise for several years, is often connected to the use of technology while behind the wheel. Along with the rise of distracted driving, there has also been a jump in the number of accidents and fatalities, with a 10.5% increase in fatalities in 2021. The National Highway Traffic Safety Administration estimates the rise continues at about the same rate.

Survey results

The Travelers survey included the responses of more than 1,000 consumers and business managers. The results showed that many of them had been involved in a car accident, such as 4 in 10 having a close call because they were distracted as they drove. Additionally, 12% admitted that they had been involved in a crash due to their own distracted driving. Finally, about 30% of respondents said that they had been in car accidents due to another driver being distracted.

Causes of distraction

There were several causes of distractions identified by the Travelers survey. These included:
  • Checking or participating in social media
  • Talking on their cellphone
  • Reading or writing emails or texts
  • Taking photos or videos with their cell
Distracted driving can have deadly results. It is best to avoid distractions and to focus solely on the act of driving, as it can save lives, including your own.]]> On Behalf of Tipton Law Offices <![CDATA[Can drug impairments be just as bad as drunk driving?]]> https://www.tiptonlawwv.com/?p=47695 2024-04-30T10:34:08Z 2024-04-30T10:34:08Z Are these medications just as dangerous as alcohol? Although alcohol is the typical culprit for impaired driving, medication can also have a similar impact on drivers. Some drugs can cause aggressiveness and reckless behavior, while common cold or allergy medicine can lead to severe drowsiness, including other varying effects based on the consumer's condition. The danger with these types of drugs is that people are more likely to underestimate their side effects. Both illegal and legal substances can affect a driver's critical thinking, multitasking ability and other functions, making them more prone to accidents. It also happens frequently, with studies linking around 56% of severe crashes to drug use after assessing data from October to December 2020 alone. Additionally, driving while impaired can be a serious offense regardless of whether the substance involved is legal. The method of measuring impairments related to prescription and over-the-counter drugs can change on a case-to-case basis. Still, awareness about the risks is vital, especially among vulnerable individuals who are new to taking certain types of medication.

Refusing to drive while impaired

Whether driving after consuming alcohol or impairing drugs, choosing to get behind the wheel despite feeling unwell or intoxicated can be a reckless decision. In these scenarios, the responsible choice could be to refuse driving altogether and seek other forms of transportation. ]]>