Category: Trucking/Auto Accidents

Our client was driving on a two-lane road when another driver, attempting to illegally pass a coal truck, veered into his lane and struck him head-on. The crash caused severe shoulder injuries, ultimately requiring surgery. After extensive litigation, we secured a settlement for the full policy limits of the at-fault driver’s insurance.

Type of Case: Auto Accident – Head-On Collision

Relevant Issues: 

• Illegal passing and reckless driving
• Severe injuries requiring surgery
• Insurance policy limits settlement
• Litigation leading to full compensation

Our client was injured in a car accident when an uninsured driver T-boned his vehicle. In these situations, victims can file a claim against their own insurance company under their uninsured motorist coverage. However, instead of fairly handling his claim, the client’s insurance company misled him about his coverage, falsely stating that he could not use his medical payments policy—despite having $100,000 in additional medical coverage beyond his health insurance.

We thoroughly investigated the insurer’s conduct and filed a lawsuit against them in Monongalia County, West Virginia for breach of contract, unfair trade practices, and bad faith. After litigation, the insurance company quickly settled for a substantial amount—far more than what the client initially sought before being mistreated by his own insurer.

Type of Case: Auto Accident – Uninsured Motorist & Insurance Bad Faith

Relevant Issues: 

• Uninsured motorist coverage claim
• Insurance company misrepresentation
• Wrongful denial of medical payments coverage
• Bad faith and unfair trade practices
• Breach of contract litigation

Our client was driving home late at night on a two-lane road when she rounded a curve and collided with a large boulder that had fallen from the mountainside. She suffered multiple serious injuries, including a broken hip. Through our investigation, we discovered that another driver had reported the boulder to 911, and the Department of Highways (DOH) had been notified. A DOH employee responded, saw the boulder, and left the scene without setting up any warnings—no lights, flares, or barriers—before going to retrieve heavy equipment. Unfortunately, by the time he returned, our client had already crashed.

The insurance company denied the claim, arguing that because the employee was not physically present at the time of the accident, there was no insurance coverage due to governmental immunity. After extensive litigation and motion practice in Preston County, West Virginia, the Court ruled in our favor, finding that an insurance exclusion cannot lead to an absurd result and that the employee’s failure to act was sufficient to trigger coverage. Following this ruling, the case was quickly and fairly settled.

Type of Case: Auto Accident – Road Hazard & Government Negligence  

Relevant Issues: 

• Dangerous road conditions
• Government responsibility for roadway hazards
• Failure to warn motorists
• Insurance coverage and immunity defense
• Court ruling establishing liability

Our client, a young woman, was driving on a two-lane road when a distracted driver operating a heating and air commercial van swerved into her lane. With little room to react, she pulled to the side and attempted to stop, but the van struck her head-on. She suffered a broken arm, multiple other injuries, and significant financial losses, including lost wages and time away from school. The insurance company initially offered an unfairly low settlement. Our firm took action, filing a lawsuit against both the driver and the company in Monongalia County, West Virginia. After conducting numerous depositions, we secured a substantial settlement on her behalf.

Type of Case: Auto Accident – Head-On Collision  

Relevant Issues: 

• Distracted driving
• Serious bodily injuries
• Lost wages and disruption of education
• Unfair treatment by the insurance company
• Corporate liability for employee negligence