Nitro Legal Blog

Planning for emergencies and unexpected situations may seem unnecessary, especially for a West Virginia adult who is young and healthy. You may not see the need to have certain types of protections in place, but you will be immensely thankful that you took the time to think about these things if you ever find yourself hurt or sick. Certain estate planning documents, particularly a power of attorney, can allow you to make certain decisions for yourself.

You may be the victim of a serious accident, or you may be too sick to speak for yourself and express your wishes regarding care and medical treatment. This is why having a power of attorney is important, no matter your age or health status. This allows you to appoint a trusted individual to act on your behalf, such as making choices that you cannot make and taking care of your finances.

In West Virginia and across the nation, large trucks are a constant on the roadways. Since these big vehicles can cause a lot of damage, the Commercial Vehicle Safety Alliance has a yearly International Roadcheck inspection blitz to help encourage compliance with federal safety regulations. The 2020 inspection spree has been scheduled for May 5-7

While the International Roadcheck has traditionally been held in June, the CVSA moved it forward to allow for more favorable weather in certain jurisdictions. The inspection blitz will be held throughout much of North America, including West Virginia. During the inspections, the drivers will be checked for compliance with the electric logging device (ELD), that their commercial driver's license is in order, that they have their medical cards and more. In addition, the vehicles will be inspected based on the 37-point North American Standard Level I.

Red light accidents continue to present a serious threat to highway safety in West Virginia and across the country. According to studies, as many as 800 people are killed each year in crashes linked to drivers illegally running red lights while thousands more are severely injured. Red light cameras are one method that municipalities across the country have adopted to reduce violations. The cameras monitor for cars that speed through red lights and their license plate information. Drivers in violation will often receive a ticket in the mail.

Some people have criticized the red light cameras across the country. They say that the cameras may not make the roads safer at all and are primarily a mechanism for increasing city and police department revenue. Chicago, for example, came in for particularly harsh criticism. The well-known red light camera system was linked to costly fines. However, it also came simultaneously with yellow lights that ran for the shortest time allowable by law. The cameras were associated with an increasing number of rear-end motor vehicle accidents caused by drivers trying to speed through the yellows while avoiding a red light violation ticket.

Many people in West Virginia and across the country promote the use of ignition interlock devices. These machines require people driving a car to blow into an in-car breath test before starting their vehicles. In most cases, they are installed in a car only after a person has been convicted of drunk driving. However, some people urge that the devices be used more broadly. In Sweden, all government vehicles have ignition interlock devices installed. The Centers for Disease Control and Prevention has also come out in support of wider use of the devices, noting their success in reducing repeat drunk driving incidents by 70%.

However, others have raised concern about the effectiveness of the devices, especially when they are required for people without a drunk driving conviction. An investigation by The New York Times uncovered multiple incidents in which traffic accidents were caused by ignition interlock devices, the same mechanisms intended to prevent dangerous collisions. Specifically, the crashes were caused by the requirement for "rolling retests." Some devices require the driver to blow into the interlock before starting the car and test their breath again at random intervals while driving.