Monthly Archives: March 2013

Alcohol believed a factor in fatal Charleston crash

West Virginia metronews reports the following:

An eyewitness to a fatal collision Thursday morning on I-77 in Charleston tells police the victim had no chance of avoiding the wreck.

Kanawha County sheriff’s deputies say Edward Pete Bryant, 48, of Big Chimney was on his way to work when the crash happened about 2:30am.   The collision happened in the southbound lanes of the interstate just north of the Charleston city limits at the Westmoreland exit.

“This man was just on his way to work, minding his own business traveling down the interstate and all of the sudden there was a car right in front of him,” said Captain Sean Crosier of the Kanawha County Sheriff’s Department.  “According to our eyewitness, there was really nothing he could have done to avoid the collision.”

Crosier said Bryant was passing a semi and traveling between the rig and the barrier wall when the car came straight at him.

“His vision was somewhat obscured, and possibly it came upon him so fast he just saw it at the last second,”  said Crosier.

Driving the approaching car was Angela Walker, 46, of Charleston.   Crosier said they believe she was probably driving drunk.

“We’re fairly confident alcohol had some factor in this accident,” said Crosier. “She was going the wrong way and apparently had been for some time, down below the exit.”

Investigators are unsure where Walker got onto the interstate.  He’s almost certain it wasn’t the Westmoreland exit because of the position of the wreck.   It would mean she had been traveling the wrong way for some distance either from Interstate 64 or possibly the Leon Sullivan Way exit or beyond more than a mile away.   Charleston Police had a report of a vehicle traveling the wrong way, but didn’t find her in time.

“We’re not sure where she came from,” said Crosier. “We’re hoping somebody in the public will reach out to us and tell us where she was before she got onto the interstate.”

Walker remains hospitalized at CAMC.

Source: Alcohol believed a factor in fatal Charleston crash

 

Semi-truck crosses Median Causing Accident

West Virginia metronews reports the following:

Kanawha County authorities have identified the victims in a fatal accident from Tuesday night on U.S. Route 119.

Sheriff’s deputies say Brittany Sowards, 16, of Sumerco was pronounced dead at the scene of the accident near the Kanawha-Lincoln County line.

Investigators say the car, in which the teen was a passenger, was struck by a semi-truck headed in the opposite direction.  The truck, hauling lumber, struck the barrier on a bridge, crossed the median, flipped over, and crashed into the oncoming car.

The truck driver is identified as David McCarter, 58, of Wellston, Ohio.   The driver of the car was Betty Sowards, 38, of Sumerco.  Both McCarter and Sowards are hospitalized at CAMC.

The cause of the wreck remains under investigation.

Source: Lincoln Co. teenager killed in Kanawha Co. crash

 

The cost of West Virginia’s Marcellus gas ‘invasion’

From Coal Tatoo Blog: Full source listed below

Remember when U.S. Sen. Jay Rockefeller held a congressional field hearing about natural gas development in West Virginia’s Marcellus Shale region and one local sheriff likened the drilling boom to an “invasion”? That was Marshall County Sheriff  John Gruzinskas and he told lawmakers at that April 2012 hearing:

Since Marshall County is already an industrial county, we thought we have seen these surges in industry come and go. We were never prepared for the onslaught of heavy trucks that would monopolize our roads, damage our property, and destroy our roads. These trucks travel our roads all hours of the day and night. The drivers are not from here so they do not care what happens as a result of their reckless operation. Our roads are destroyed from these overloaded vehicles. And our state is a willing participant in this destruction.

The sheriff continued:

The majority of our complaints of traffic crashes are hit and run crashes, and large trucks running off the road. What we have experienced is that most of the companies sub-contracted by the gas drillers are from southern and western states. The drivers are not familiar with our winding narrow roads. This makes for a bad combination for our local oncoming traffic. Many of our residents are run off the road by the large trucks. Although we try and educate our residents to get as much information as possible about the offender, so we can take enforcement action, it is difficult for them to do that as they try to keep from going over the hill.

And now this week, we have this terrible news out of Harrison County, as reported by The Associated Press (and originally reported by the Clarksburg paper here and here and WDTV here and above):

Investigators are looking into a driver’s report that his brakes failed before his water tanker collided with a car and killed two Clarksburg children.

The boys, 7 and 8 years old, died in a weekend crash with a T&S Trucking tanker loaded with brine water from a gas drilling operation. It happened on a U.S. 50 off-ramp.

Clarksburg Police Chief Marshall Goff said the boys’ mother is Lucretia Mazzei, 49. The boys attended Adamston Elementary. Harrison County sent counselors there and to other schools Monday to help children cope.

The truck driver hasn’t been identified or charged. Goff said the driver told police his brakes didn’t work properly, but a preliminary investigation suggests they weren’t an issue.

T&S Trucking is based in Mineral Wells. The company didn’t immediately return messages.

Source WV gazette, Ken Ward Jr.  The costs of West Virginia’s Marcellus gas ‘invasion’

 

Huntington police report fatal traffic accident

March 18, 2013 at 11:27AM

Police in Huntington say a woman died Sunday following a head-on collision during hazardous driving conditions.

The victim, identified as Deborah Rakes of Kenova, was driving on 5th Street Hill Sunday afternoon at about one o’clock when her car collided head-on with a minivan. Police say Rakes was unconscious when first responders arrived on the scene. She had to be cut out of her vehicle.

The driver of the van was injured.

There were numerous wrecks around Huntington Sunday afternoon when a rain-snow mix covered the area.

Source: West Virginia Metronews

 

Conawaylaw.com has a new look

We’ve recently redesigned the firm’s website.  Please let us know if you have any questions or comments about the site.  You can now directly link to our all our social media sites simply by clicking on the appropriate button. Please feel free to follow, like or add us to your circles if you’d like the latest legal news.

Tree Fall Accident Claims Life of Local Young Lawyer

LOGAN, WV — A local lawyer tragically died Friday morning in Logan, WV when a large tree fell on his truck and he crashed along W.Va. 10 in Logan County, police said.

West Virginia State Police Cpl. C.D. Kuhn said Carl Adkins, 29, was driving his Chevrolet Silverado truck near Aracoma at about 8:30 a.m. when the tree fell.

Adkins swerved off the road and crashed into a nearby ditch, Kuhn said. Adkins died at the scene, but the trooper didn’t know if he died as a result of the crash or from injuries sustained when the tree fell.

Kuhn said accidents involving fallen trees are rare in Logan County and this tree fell naturally.

Source: Charleston Gazette, “Logan man dies when tree falls on truck,” Staff reports, March 1, 2013

 

DUI Causing Death

Police say that a Bramwell, West Virginia man who was required but failed to have an ignition interlock device on his car after being convicted of a DUI was driving drunk New Years’ Day when he was involved in a head-on collision in Bluefield, West Virginia.

The Bramwell man was arrested Sunday and charged with DUI involving a fatal accident and failing to have the ignition interlock device installed in the car he was driving.

Law enforcement says that Bramwell slammed a Malibu registered to his parents into a Monte Carlo driven by a 50-year-old Bluefield resident shortly after 7:10 on the morning of January 1. Police say that, “The collision involved a driver-side to driver-side front-end impact,” according to the Bluefield Daily Telegraph. The alleged drunk driver suffered only minor injuries in the wreck. However, the head-on collision proved fatal for the Bluefield man.

While Bramwell is likely to be criminally charged based on his alleged actions, the injured crash victim, or the families of accident victims of a fatal accident may also seek justice in civil court.  A wrongful death suit can be filed in West Virginia to recover lost wages, emotional damages, and other damages.

Source: Bluefield Daily Telegraph, “Man charged in DUI death,” Bill Archer, Feb. 25, 2013