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Recent Blog Posts

When Can Police Make a Search Without a Warrant?

The Fourth Amendment to the U.S. Constitution protects citizens against “unreasonable search and seizure” and sets basic requirements for a warrant based “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” But it’s important to know that police don’t always… Read More »

What Are Noneconomic Damages in a Personal Injury Case?

If you have been injured due to another person’s careless, reckless, or deliberate act, you may be entitled to compensation for your losses. The legal term for your losses is “damages,” and these are divided into two major categories, economic and noneconomic. Most of your economic damages are easy to calculate, because they come out… Read More »

AAA Says Safe Truck Technology Exists, But Will Fleets Invest?

In 2015, there were more than 400,000 large commercial truck crashes on American roads, injuring about 116,000 people and killing more than 4,000. This marked an increase of four percent from 2014, which is not good news for American drivers. But, some good news has come from the AAA Foundation, which released a study last… Read More »

Guarding Against Allegations of Sexual Assault on Campus

For many college students, weekend parties are an unofficial but legitimate part of the college experience. When alcohol is readily available and consumed in excess, the potential exists for some students to engage in acts that can have serious consequences. Alleged sexual misconduct on campus has attracted a great deal of media attention in recent… Read More »

Backover Accident Claims the Life of West Virginia Toddler

The Los Angeles Times recently reported on a horrific accident, which took the life of three-year old Braxton Conley of Cottageville. The accident occurred on Thursday evening, October 12, as visitors to the family’s home were leaving and people thought the boy was indoors watching television. A driver, backing out of the driveway, ran over… Read More »

Is Drugged Driving Overtaking Drunk Driving in West Virginia?

Earlier this year, the Governors Highway Safety Association sounded an alarm when it cited national data indicating that driving under the influence of drugs was becoming a greater threat to public safety than driving under the influence of alcohol. According to the nonprofit association, the most recent national data indicate that drugs were present in… Read More »

When Is the State Liable for a Crash Due to Unsafe Road Conditions?

West Virginia may be famous for country roads, but that doesn’t mean those roads are always safe to drive on.  When you’re involved in an accident because road conditions are unsafe, who is responsible for your injuries and property damage? When is it possible to sue the state for damages? The first element an injured… Read More »

West Virginia’s Tough Implied Consent Law for DUI

Many states have implied consent laws stating that a motorist driving on public roads has tacitly agreed to take a chemical test for alcohol after an arrest for DUI. Refusing to take the test generally results in an automatic suspension of the person’s driver’s license. West Virginia has one of the strictest implied consent laws… Read More »

What Is the Difference Between a Felony and a Misdemeanor in West Virginia?

In many states, criminal offenses are divided into categories based on the seriousness of the offense and the severity of the punishment. Felonies are the most serious crimes and call for incarceration in state prison for at least a year. Misdemeanors are serious offenses, but get shorter sentences in county jail. Many states divide felonies… Read More »

Wrong-Way Driving Causes Deadliest Highway Crashes

A crash on I-77 in West Virginia last March that took the lives of two women and two young girls was an apparent example of the most dangerous accident scenario of all: wrong-way highway driving under the influence. These circumstances are rare, but when they occur, the result is often a deadly head-on collision between… Read More »