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Bordas & Bordas is proud to have again been selected first in the attorneys category for The Intelligencer and Wheeling News-Register's Readers' Choice  awards. It is an honor to have been singled out by our community for this designation, and we thank each and every one of you who voted for us. Since our founding in 1985, Bordas & Bordas has had four areas of focus: Experience, Community, Family and Results. Today, we are proud to have been honored for our connection to our community. As quoted in the article announcing our award, "Not a day goes by where we aren't doing something to help an individual or group in our community. I am always so proud when I see one of our attorneys or staff members helping others who need it," said Linda Bordas. Our focus on our community extends far past the practice of law, and past just helping our own clients. As Jim Bordas states in the feature, "I have always said that if you practice law because you want to help people, then you will be very successful. If you are just in it to make money, then you probably won't and will not be very successful in your career. The thing I still enjoy most every day is helping people. That is what we are here to do. So many people need someone to listen to them. Even if it turns out that they don't have a case, people are so appreciative that someone took the time to listen to their story and care about them. That isn't just being a lawyer. It is being a caring human being and that is what I hope to instill in all of the lawyers at our firm." We are proud to have been able to help other members of the Ohio Valley for the past three decades, and are looking forward to being a part of your lives for many more. Thank you for recognizing us with this honor, and please make sure to check out the Intelligencer's full-length feature on our firm on page 5 of the Readers' Choice supplement!

"We pray for the big things and forget to give thanks for the ordinary, small...gifts." These words were written by Dietrich Bonhoeffer, the German pastor, theologian and reformer. Beautiful words. Inspiring words. But they are all the more beautiful and inspiring when you consider the context in which they were written. When the Nazis rose to power, Bonhoeffer refused to surrender to their meddling in matters of faith. Taking a small band of faithful men, Bonhoeffer established a seminary in the remote German countryside--a secret, illegal seminary where the next generation of church leaders would live and learn together. Despite the ever-present Nazi threat, Bonhoeffer was thankful for all of the "ordinary, small...gifts" that he experienced every day from God's hand. In all of the hustle and bustle of 21 st century living, it's easy for us to lose our focus. We can fix our eyes on our problems and our struggles. We can look at our neighbor's blessings and begin asking why we aren't blessed in the same measure. But in the process we miss the "small, ordinary...gifts" that God has poured out so richly in our lives. Material blessings, yes, but also friends, loved ones, talents, passions, sources of enjoyment, and a hundred other things we could see if we only took the time to look. The old hymn writer got it right: "Count your blessings, name them one by one." As we enter into this season of Thanksgiving, let me encourage you to follow the hymn writer's advice. Count your blessings. Take stock of the things you can be thankful for--the big things and the small, ordinary things that might easily be overlooked. Then be sure to give thanks to the Source of all your blessings!

We are bombarded every day with television advertisements from insurance companies promising to respond and protect their policyholders when disaster strikes. These promises are made with the hopes ofenticing more people to purchase policies from the insurer and increasing the premiums collected by the company. Insurance companies make money in two primary ways: 1) collecting premiums and 2) investment income, i.e. interest and dividends earned on the insurer's cash, stock and bond reserves. Paying claims reduces the insurer's cash on hand and, correspondingly, reduces the potential investment income which is realized. As a result, insurers are incentivized to delay paying claims and to minimize any amounts eventually paid and policyholders are left with unfulfilled promises.At Bordas and Bordas, we receive calls on a regular basis from policyholders who have been abandoned by their insurers after filing a legitimate claim under their own policies of insurance. All too often we hear about homes being damaged in a storm and the insurer attempting to deny the clearly covered claim by stating that the damage was not caused by the storm event but by ordinary wear and tear or lack of maintenance. Many times, we hear of homeowners who simply cannot find a contractor to do the work for the amount allocated by the insurer for repair and who are turned away by the insurer when they present evidence from a contractor that the actual cost of repairs far exceed the amount allocated by the insurer. More often than not, the insurer states that it is standing by its original estimate and the insured is left to seek legal help to secure the contractual benefits to which they are entitled. Fortunately, both West Virginia and Ohio law provide some relief for policyholders who fall victim to an insurer's inappropriate claim handling conduct and desire to increase profits at the expense of its policyholders. The law places a higher duty upon insurance companies to act fairly and in good faith when dealing with its own policyholders presenting claims than it does when the insurance company is dealing with a third-party making a claim against one of its insureds. An insurance company is required to promptly pay all claims presented by its policyholders unless there are good, valid reasons to dispute the claim. Insureds presenting claims under their own policies of insurance are entitled to be treated fairly and in good faith. The presentation of a claim should not be an adversarial process and an insurer is required to afford its insureds' interests at least equal regard as its own interests. An insured is entitled to all the benefits and coverage available under his or her policy to compensate him or her for acclaim in a timely fashion. Additionally, an insured is entitled to a full, prompt and fair evaluation of his or her claim for policy benefits, including payment of the full, reasonable value of his claim without unnecessary delay. When an insurance company fails to honor these basic obligations, West Virginia allows an insured to present legal claims for both statutory violations and for the insurer's failure to act in good faith in connection with its handling of a claim. Under West Virginia law, an insured is entitled to recover not only the policy benefits to which he or she is entitled, but also damages for his or her annoyance, aggravation, inconvenience and frustration. Additionally, the insured may recover the attorney's fees and costs incurred in securing the policy benefits to which the insured was entitled and, in certain circumstances, punitive damages to deter the insurer from acting in a similar manner in the future. Likewise, under Ohio law, where an insurer's actions in investigating, handling, adjusting, negotiating and refusing to appropriately pay a claim were made under circumstances that did not furnish a reasonable justification therefore, the insured may recover similar damages. At Bordas & Bordas, we deal with claims arising from insurance company misconduct on a daily basis and are available for consultation to ascertain whether you may have additional remedies available to you under West Virginia and Ohio law. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

A collection of letters rested, well preserved, in a green suitcase. On top of the pile was an open note, handwritten by a Navy man aboard the lead ship to Normandy on D-Day, my grandfather Dean W. "Hap" Polen, credited to the author Henry van Dyke: "To be glad of life because it gives you to chance to love and to work and to play and to look up at the stars. To be satisfied with your possessions but not content with yourself until you have made the best of them. To despise nothing in the world except falsehood and meanness, and to fear nothing except cowardice. To be governed by your admirations rather than by your disgusts; to covet nothing that is your neighbor's except his kindness of heart and gentleness of manners. To think seldom of your enemies, often of your friends, and every day of Christ; and to spend as much time as you can, with body and with spirit, in God's out-of-doors. These are little guideposts on the footpath to peace." This twentieth century suitcase details a time of love and war: it contains the correspondence between Gloria "Glo" Polen--a nursing student in California, PA and Dean "Hap" Polen of Avella, PA--a college man called by the Navy. They were the first couple married by fireside at The Century Inn, a charming little place in Scenery Hill, PA. A generation later, they became MiMi and Pop Pop to four grandchildren. He returned from the service to be a successful businessman and she became a nurse. I am so thankful, as their grandchild, to enjoy tangible pieces of their romance. In those days, I've gathered that they enjoyed double dates--an evening of dancing was always deemed "a swell time." Also in this collection of letters is an article about my great uncle Robert Polen, enlisted in the Air Corps; he endured a leg operation behind Russian lines without anesthesia. Pushed out of a burning plane with his parachute, he was mistaken for a German soldier and nearly shot by Russians-thankfully, one officer  was convinced he was an American. He was only 20 years old at the time, and the youngest pilot to graduate from The Western Training Command. The article said Uncle Bob had the "highest regard" for the Russians who administered care to him. Among Pop Pop's teachings were these: to love music and the arts, to be respectful and generous to others, to take chances, and to be relentless in pursuit of goals. I remember the first time I dove for a ball on his tennis court as a seven year old. I convinced my grandpa to continue hitting with me rather than tend to  my skinned knees. I could see the creases on his face as he headed for his side of the court,  and I  knew he was smiling. I enjoyed friendly rivalry as much as he did. Maybe the child I was then somehow sensed the trials he'd overcome were greater than any I would see. I loved exploring his den to see the medals and memorabilia of years past; battles won, and comrades lost. He chose not to mentor his grandchildren by showing us the honors or physical rewards of hard work, but rather by the examples of it. These were his "little guideposts." Above all, I cherish and continue to learn most from his inclination for poetry, literature, and writing. I hope to someday read my way through his list of favorite poems and books. A page in his journal reports transporting five seriously injured  men to the hospital ship near the shores of Normandy. The entry concludes, "I will never forget them." The account of D-Day details the weather, the sounds, the geography, his thoughts--my grandmother, the same day, June 6, 1944, penned the reaction at home as word was broadcast over the radio. Her household woke to the sound of church bells; the chimes played the National Anthem and "America" every hour. That day she wrote to him, "it is the first day since you have been gone that I have thought you will be back sooner." She was with us until I was six; my grandfather was here until I began college.  Before making the trip home to Ohio on the morning of his memorial service, I sat outside my dormitory, on a stone ledge overlooking Hanna Hall where his post secondary studies also took place. The morning shadows kissed its architecture to create a scene worthy of a painting. So moved by what came over me, to describe the stillness and spiritual warmth of that moment, I can only say that it was surreal. I found the words of John G. C. Brainard's Epithalamium, appropriate for a last salute to my grandfather, and I dedicate it to those who are remembering our veterans this week. If you have stories to share, we'd love to hear them. I saw two clouds at morning, Tinged with the rising sun; And in the dawn they floated on, And mingled into one: I thought that morning cloud was blest, It moved so sweetly to the west. I saw two summer currents, Flow smoothly to their meeting, And join their course, with silent force, In peace each other greeting: Calm was their course through banks of green, While dimpling eddies play'd between. Such be your gentle motion, Till life's last pulse shall beat; Like summer's beam, and summer's stream, Float on, in joy, to meet A calmer sea, where storms shall cease- A purer sky, where all is peace.

Today is my wife Stacy's birthday. I have a hundred ways that I could wish her happy birthday. I could just say it to her -- after all, we live in the same house. I could text her like I do about so many other things in our daily lives. Heck, I could even send her an email. Maybe I will do all of those things. But, today she deserves more than that. She deserves for me to let her know how much I admire her. She is the smartest person I know. She has a memory like an elephant, is  as quick-witted as they come, and can solve any problem. She put all of these traits to good use in getting her law degree -- a profession that would allow her to use them to the fullest. Yet, she chose to take her law school diploma and let it collect some cobwebs for  awhile. This is only fitting because that single act may have shown more than any  other just how smart she is. You see, Stacy did that so that she could raise our children -- now 6, 4, 2, and 6 months. She recognized that the greatest calling in life is to be a mom. Not everyone has this choice available to them. Some mothers  need to earn an income to support their families. But, Stacy had that option and despite all of the  opportunities that exist for her to be one of the top lawyers I know, she said no thanks. This is because even more so than having a razor-sharp mind, she is also one of the most selfless people I have ever met. I can't remember the last time I saw her  get to take a minute for herself. It is nearly impossible to recall if she ever slept  without a child on top of her. I don't remember the last time she watched a movie that wasn't for kids. She is on the clock 24 hours per day and it is mostly on her own. See, she does all of these things despite the fact that her husband runs a law  firm, coaches high school football, hosts a TV show, serves on 5 boards, and rarely has a clue what the next day will bring. She sacrifices so much and I am such a huge beneficiary of that. I get to have four beautiful children, have fun with them, and still do all of the things I want to do. Do I try to help? Sure, I do. But, I know that whatever I contribute is a tiny fraction of all that she does every day. Today, on her birthday, if you happen to know her, take a minute to tell Stacy how awesome she is. As for me, I still need a way to wish her happy birthday. You know, I think I will just bow my head and give thanks that she was born. After all, it was the best day of my life.

In honor of Veterans Day 2013, Bordas & Bordas is proud to re-post the following blog entry from partner Geoff Brown, USMA 1994. Our thanks go to Geoff and all of our nation's veterans on this national day of remembrance. Today is Veterans Day, which always causes me to remember my own service with the United States Army. When I think back to that time in my life, I am proud to be able to say that I did a small part toward making sure that this world is a safer place. I consider myself very lucky to have served with some of the most dedicated young men and women any of us could ever hope to meet. These soldiers came from every corner of the country and from every imaginable background. Every one of them was able to put aside things that may have divided them at home in favor of serving the United States in uniform. We rightly call those who serve heroes for all of the right reasons. We rightly call them heroes because they make us safer. I recently had a chance to speak about the meaning of Veterans Day to the students at St. Vincent DePaul Parish School here in Wheeling. What I told them was that they should strive to recognize the heroes that they meet in their everyday lives. The students at that school do not have the opportunity to meet the men and women of our armed forces on a daily basis, but they do get a chance to interact with their teachers, coaches, parents, and volunteers. I told them that at its best, our military uses its strength to stick up for the less fortunate people of the world who would otherwise be trampled by powerful predators. That is exactly what I did with the Army when we were called on to enforce the peace in war torn Bosnia. The heroes in the lives of these children are those who make them safer. I am very proud of the fact that I work in a profession and at a law firm that gives me the chance to use the lessons that I learned in the military on a daily basis. Bordas & Bordas sticks up for the families of individuals by protecting their legal rights against powerful corporations and insurance companies. That is what we do. Bordas & Bordas is able to do this because we have the resources to win. With some of the most accomplished attorneys in the country in areas like workplace safety, medical malpractice, lender liability, and insurance misconduct, we also have the experience to win. Given the dedication of our attorneys to this mission, it is not surprising that our lawyers are also known for giving back to the community. From my own service on the Pastoral Counsel at St. Vincent's and the Board of Directors at Youth Services System to the many works of charity performed by Bordas & Bordas and its attorneys, it is our privilege to be able to give something back to the community every chance we get. We are all in this together. Any time powerful interests put profits over people without being forced to confront the consequences of their decisions, the safety of ever one of us is threatened. At Bordas & Bordas, we are proud to have the experience, skill, reputation, and resources to stand up to these powerful interests to seek justice for our clients and a safer world for every one.

I received a note on my front door this past weekend from Riesbeck's Food Markets about their sponsorship of the Boy Scouts of America's "Scouting for Food" project which will take place this Saturday, November 9, 2013. Maybe you received one too? Hopefully you did, and hopefully you will participate. It's really easy. Just place any canned goods or non-perishable items in a bag and place that bag on your front step by 9:00 a.m this Saturday. Members of the Boy Scouts of America will come door-to-door in your neighborhood and pick them up. The food is then donated to local food pantries. The Scouting for Food movement was founded in 1985, and has provided more than 47 million food items for families in need since its inception. Boy Scouts perform this service as part of their mission to do good deeds. It is my understanding that this project covers a large part of the local area to include Barnesville, Bellaire, Bridgeport, St. Clairsville, Shadyside, Woodsfield, Wheeling, and Follansbee. If you're not sure if your neighborhood will be participating, call your local Riesbeck's store to make sure. With the holidays fast approaching, we need to keep in mind that there are people out there who are not as fortunate as us and struggle to keep food on their tables. So please donate if you can. Hunger is actually the worst weapon of mass destruction. It claims millions of victims each year." - Luiz Inacio Lula da Silva, President of Brazil

Chris and Stephanie Hallowich owned a 10 acre farm in Washington County, Pennsylvania where they were raising their two young children in a quiet, idyllic environment. However, all of that changed when Range Resources began massive gas drilling operations next to their farm, including four gas wells, gas compressor stations, and a water impoundment covering three acres. The effects of these operations on Chris, Stephanie and their little ones were immediate and devastating. Airborne contaminants caused a variety of ailments including burning eyes, sore throats, earaches, and headaches. More than that, the water supply was contaminated and their beloved farm devalued. Right away Chris and Stephanie took the offensive, hired a lawyer, and sued Range. Eventually, a settlement was reached. The settlement was made confidential--meaning that Chris and Stephanie could not disclose the terms of the settlement, or make any disparaging remarks regarding Range or gas drilling generally. Range insisted on including this confidentiality agreement as a part of the settlement. Confidentiality agreements are not unusual when contentious or high-profile litigation is settled. But it was highly unusual was for Range to argue that its confidentiality agreement also applied to the children. Essentially, Range took the position that the two children were under a lifetime ban that would prevent them from ever saying anything critical regarding the gas drilling business. Unfortunately, Range presented this as a take-it-or-leave-it proposition. For the welfare of their family, Chris and Stephanie took it. All of this would have remained under wraps if a Pittsburgh newspaper hadn't begun digging. The newspaper obtained a transcript of the settlement hearing and brought Range's heavy handed tactics into the light. Not surprisingly, people were outraged by Range's over-the-top attempts to silence critics--even future critics. Range went into defense mode, claiming that it never intended for the confidentiality agreement to apply to the children. Of course, the agreement itself and Range's attorney at the hearing clearly said otherwise. Range's attempt to "explain away" what it did only added to the outrage. I wish I could end this story on a happy note. But I can't. The truth is that Range's conduct is symptomatic of a larger problem: corporate greed and irresponsibility. Let's not kid ourselves. Gas drillers are engaging in the same kind of heavy handedness right here in West Virginia. We must be vigilant. We must make sure that gas drillers operating in West Virginia are being fair, honest and upfront, both in their private dealings and in their drilling operations. If you think you may be the victim of heavy handed tactics by a gas driller, I urge you to contact our law firm. We have the knowledge and experience to protect your rights and to see that justice is done. The results in a legal case depend on a variety of factors, many of which are unique to each case. Prior results by this firm or any other do not guarantee future results. Case results presented here are illustrations of the type of work done by Bordas & Bordas and not a guarantee that any prospective case will yield any particular amount.

The Charleston Gazette recently published an article about Jim Strope, a former client and friend who trusted us with his case a number of years ago. Jim Strope's wife was killed as a result of the negligence of the Honda Motor Company to appropriately design, manufacture and put into production a seat that was safe and would protect its occupants from injury or death in a rear-end impact. He had the courage to bring the suit against Honda and to offer testimony as to the impact that this major automobile manufacturer's negligence caused. An Ohio County Circuit Court jury returned a multi-million dollar verdict on behalf of the Stropes. The article appearing in the Gazette is both interesting and informative: http://www.wvgazette.com/News/201310190050 Jim, a Glen Dale, West Virginia native, has become an avid collector of museum-quality meteorites and other rocks found throughout the world as the owner of Catch a Falling Star since his retirement from a career as a certified public accountant. Although West Virginia is not itself an easy state to find meteorites, Jim has traveled throughout the United States and the world in the pursuit of his interest. Congratulations to Jim for finding ways to reinvent himself and to carry out a successful hobby that has turned into a business. I am proud to call you my friend. We have enclosed pictures of the Honda Civic that Judy Strope was in at the time that she died.

Just a week before we celebrate Veterans' Day, hundreds of thousands of military families have taken another body blow from our country's failing leadership in Washington D.C. Over 900,000 American veterans rely on food stamps to feed their families. Nonetheless, their benefits will be cut because our leaders cannot bring themselves to focus our collective effort on helping those who need, and deserve, help the most. Most Americans do not know the role that poverty plays in the lives of our soldiers, sailors, airmen and marines. In the midst of the worst national unemployment crisis since the Great Depression, veterans are disproportionately likely to be unemployed. Veterans are more than twice as likely as the average American to be living on the streets. Even while on active duty, enlisted soldiers with families often rely on food stamps to supplement the modest pay that our front-line personnel receive. The use of food stamps at military commissaries on base has more than tripled since 2008. Other government services to our veterans, including medical care, psychological counseling, supplemental funds to heat homes in winter and job retraining are likewise under threat. Our leaders rarely fail to snap to attention in the presence of our armed service personnel when they are in front of the cameras. They can hardly wait to sing the praises of our men and women in uniform on cable TV shows and in speeches during election season. They likewise have felt very comfortable deploying our world-leading military personnel overseas on a continuous basis throughout this century. But our uniformed men and women do not soldier only in the summer of parades, the glitter of dress uniforms, or the glow of missions accomplished. There is a long winter to fight in as well and it includes not only the suffering of over 50,000 wounded in Iraq and Afghanistan, not only the hundreds of thousands crippled psychologically by the torments of counter-insurgency and not only the years spent deployed away from families. The long winter extends past honorable discharges, as our heroes return home to an economy that has struggled at best since 2007 for working people. The sacrifices made to do the work their country asked them to do are not reserved for the battlefield itself. They take the form of lost opportunities, outdated skills and education foregone to wear the uniform in an era where more and more has been asked of fewer and fewer. For those who are disabled, claims languish in the bureaucracy while moneyed interests receive red-carpet treatment from the government. So here comes Veterans Day once again. Members of Congress earning close to $200,000.00 annually will be seeking votes on the stump, wearing their flag pins and sitting in prime grandstand seats for parades. But they can't come to an agreement on protecting our most dedicated, most self-sacrificing citizens from poverty. A privileged class of men and women in the executive branch and in Congress who engineered and voted for the wars and casually talk of more of the same won't take care of the men and women who actually had to do the fighting. If you care about this issue, make it an issue. Ask any candidate for high state or federal office what they plan to do about ending poverty and homelessness among our veterans. Do not accept "commitments" without a plan. If you don't hear a plan, don't vote for them - they can't make you. We've heard enough about the debts the government has run up to pay banks and bailouts, or to let the NFL live tax free - our moral debt to our veterans should be paid first. There's money to do it. A few weeks ago, in the debt ceiling deal, Congress had no trouble finding billions of dollars to re-direct to minority leader Mitch McConnell's pet projects. It also easily voted in hundreds of thousands of additional dollars to a multi-millionaire Congressional dynasty. No matter what you hear, the country isn't out of money to spend - it just that money isn't going anywhere near the people who need it and deserve it the most.

Another school year has started again for thousands of children in the Valley. As all parents and grandparents know, there is nothing more precious to us than our children. I love seeing children with their mothers waiting for the school bus in the morning, talking to their buddies, holding their mother's hand and waiting for the bus dressed in their new school clothes with their new book bags and waiting to meet new friends and engage in new activities in school. When I was a child, I loved going to the store to pick out the new notebooks that I would be using in class with my favorite action adventure hero, sports star or movie hero on the cover. It was great fun getting new pencils and crayons and going shopping with my grandparents to get new shoes and clothes that I would be wearing for the first time the first week or two of school. Although I was not then particularly fond of school itself, I was very excited about starting a new year and seeing the friends I missed over the summer and meeting new friends. I am now blessed with having a number of grandchildren attending preschool, kindergarten, first grade and fifth grade. My wife was excited about buying the grandchildren new clothes and was excited to see how they reacted to the clothes she purchased. Of course, I think my grandchildren are the cat's meow and I am excited when they are excited. I am happy when they are happy and sad when they are sad. At this point in their lives, most are excited about the start of school although disappointed that summer is over. A lot of us look forward to being parents from the time we are children. We all  take pride in and celebrate the birth of new children - their parties, receptions, baptisms, hospital visits, guessing games as to when a child may be born and the weight and the length of the child. We recently experienced the great wait in England for the Prince's child to be born. The pregnancy and birth were chronicled by newspapers worldwide. Most of us saw television coverage of the announcement with the Brits cheering and celebrating the birth of a new royal. In America, we all feel that our children and grandchildren are royalty and we likewise celebrate in our own ways the birth of children. For males, for the babies of former football players it's another football player. A football is oftentimes one of the first gifts given to a newborn baby and in some places like Massillon, Ohio a football is placed in the crib of every newborn. Mothers who have newborn daughters begin planning their daughter's wedding from the time the little girls are first born. For Christians, the baptism of an infant is a very special and meaningful event and one that is celebrated by family and friends. In Italy, the celebration of baptism sometimes goes on for several days with a carnival-like atmosphere. With the school year in full swing, we as adults need to be particularly mindful of a number of safety concerns. First, we need to remember that there are school kids walking along the sidewalks, waiting for busses and crossing the streets. In some cases, older kids are driving cars to and from school. What this means is that it is very important that we all take extra precautions to drive more carefully, to pay extra attention to the traffic laws and to remember that children are sometimes like deer - one or two will cross the highway and if they do there is likely to be another following behind. Children are reckless and do not appreciate danger the way that adults do. Teen drivers do not have the patience, experience and attention that many of the rest of us do and therefore can be a problem while driving. They are oftentimes running late for classes and do things that many of us would consider reckless and stupid. Not that we do not do those dumb things ourselves - it just seems they are more prone to do these things at their young age. Over the years, my law firm has represented a number of children and parents of children who have been horribly injured and some even killed by the reckless conduct of adults who have failed to obey the speed limits and other laws that would have protected our school children. I have experienced some of the saddest moments in my legal career in talking to the parents of children who have been crippled or killed because someone was not paying attention when they should have been. Some of them had their children injured because a driver was late for an appointment, had not gotten enough sleep or decided to speed around a stopped bus and caused the injury or death. With the knowledge that we need to pay particular attention to the kids who need to be protected from themselves, drivers should be aware that there are harsh fines and penalties for people violating their driving responsibilities. As we all know, driving is a privilege that carries with it a number of responsibilities. We, as drivers, are responsible for our actions. We have choices to make. The primary choice to make is to obey the laws of the road. There are a number of requirements and obligations that a driver's license holder needs to be aware of in order to maintain the privilege to operate a motor vehicle in West Virginia. We all should be constantly aware that the injury to children can be reduced by a number of steps taken. Under no circumstances should an infant in a rear-facing safety seat be placed in the passenger seat. There is a very high risk of injury or fatality to children who are placed in this situation. Even if the airbag is shut off or  there is no passenger side airbag, the safest place for children twelve and under is the rear seat. I think based on experience I have had in auto accidents involving injury and death of children and others, the best place in the car may be the middle of the rear seat. All children should be belted. The reason I like the middle seat is because the front seats in vehicles sometimes collapse in rear-end impacts. This could crush legs and other body parts. If for some reason a person must place a child in the front passenger's seat because there is no other mode of transportation, then a number of steps should be taken. First, the child's safety seat should be forward-facing and the child should be properly secured in the seat. The passenger's seat should be pushed all the way back to maximize the distance between the child and the airbag. This is in spite of the fact that it is strongly recommended that all children twelve and under should be buckled and placed in the rear seat. There are also considerations that we should be occasionally reminded about. They are as follows: 1. Never leave your keys in the car or ignition. 2. Avoid parking in isolated areas with little foot or auto traffic. 3. Try to keep your car in good running condition and make sure you have enough gas to get to and from your destination. 4. Do not leave your children in the car. 5. West Virginia law mandates that children up to the age of nine must be properly seated in a federally approved child safety seat. The child safety seat must be used for children up to the age of three years. Although the use of a safety belt was formerly legally sufficient for children three years of age and older, that is no longer the case. Children receive the best possible protection by continuing to ride in a safety seat or booster seat until they outgrow them. For more information about the topic of child safety seats, call the Governor's Highway Safety Program at 304-558-8814 304-558-8814. Most of our cars have head restraints that are designed to reduce whiplash injury in rear end collisions. If your head restraints are adjustable, they should be positioned to fit against the back of your head, not your neck. All new model cars have factory-installed seatbelts in them. It is required that front seat passengers wear seatbelts. I recommend that backseat passengers where seatbelts at all times. It has been my experience and it is also reported in the literature that the majority of those killed in automobile collisions were not wearing seatbelts. It is also important to know that both the driver's seat and front passenger' seat should be slightly tilted backward with as much distance from the air bags and the dashboard as possible. This will allow room for the airbag to deploy before making contact with the front seat occupants. Most of us have read (as if we didn't know) that flooded roadways are hazardous to drivers and passengers. I have seen firsthand what happens to people who attempt to drive across a flooded roadway. As incredible as it may seem, it is reported throughout safety books and governmental documents that as little as six inches of water can float much larger vehicles while two feet of water will carry most vehicles away. Once the vehicle floats off the roadway into deeper water it  may roll uncontrollably while filling up with water, trapping the driver and all passengers inside. Unfortunately in the United States, motorists trapped inside their vehicles accounts for half of all flash flood fatalities. This is because the victims drive their vehicles directly off the edge of the road without knowing that the road is no longer there. Flooded roadways are especially dangerous at night when it is much more difficult to recognize flooded conditions. If you are caught in a situation where there is water on the road and you are in a flooded area and your vehicle stalls, leave the car immediately and seek higher ground. It is better to be wet than dead. In the Northern Panhandle we must share the roadway with trucks. This has become a big problem with tractor trailers hauling water and equipment to various fracking sites. It is good to remember that although trucks should be driven by trained, specially licensed drivers, that is not always the case. Since we must share the road with heavy trucks, we should be aware of certain things. 1. A fully loaded tractor trailer like the ones that we see traveling Interstate 70 at 55 mph (most travel in excess of 65 mph) needs three times the distance a car needs to stop. 2. Trucks are more difficult to maneuver. They are longer, heavier and require much more room to turn. 3. Trucks have larger blind spots. Particularly, the larger the vehicle the larger the blind spot. While talking of trucks, some of the basic things we all need to be reminded of is to not underestimate the size or speed of a truck. Do not slam on your brakes in front of a truck. Try not to cut off a truck in traffic or on the highway to reach your exit. Pass the truck on the right during a turn. Since this article is being written shortly after the start of the new school year and before Halloween and in large part in an effort to attempt to protect our school age children coming and going from school and trick-or-treating, we should all remember to pay particular attention to school busses and the rules of the road. On an undivided highway, that is one without a median, traffic in both directions must stop at least 20 feet from the stopped school bus that has its red lights flashing. You must not pass a school bus until the lights are turned off or the bus starts moving. Most school busses are equipped with the arm with a stop sign that comes out from the driver's side that reminds us not to pass. Sometimes people  get impatient, thinking that all children have safely entered or exited the busses and crossed the road and then drive around the school bus. It is those situations that oftentimes cause very serious injury or death to children. You should also stop for a school bus which is receiving or discharging students on school property or private property. If someone fails to follow this rule, the fine for passing a stopped school bus is a minimum of $50.00 and can be up to $200.00. I think that's even been raised in recent months. While talking about fines, I think it is important that we all should be aware of the point system in West Virginia. The majority of states have point systems. In West Virginia and Ohio the Division of Motor Vehicles has a point system to identify and control drivers. The states maintain a continued record of your driving conduct from the day of your first conviction for a moving violation of a traffic law. In most states, the DMV will send you a letter of caution when you have six points on your record urging more careful driving and obedience of traffic laws. If you are unfortunate enough to reach 9 points, you will be required to complete a driving improvement questionnaire. If you go on to accumulate 12 points or more on your record, your driver's license is subject to suspension. The violations that accumulate the most points - not counting DUI or driving without a license - are as follows: 1. Speeding over 80 mph in a 65 mph zone - 6 points 2. Speeding in excess of 75 mph in a 55 mph zone - 6 points 3. Speeding in a school zone - 6 points 4. Passing a stopped school bus - 6 points 5. Reckless driving - 6 points It is important to know that most states are participants in the non-resident violator compact. This is an agreement among various states to allow motorists to accept a traffic citation for certain violations and proceed on their way regardless of whether the driver resides in that jurisdiction. Each member agrees to suspend a driver's license of its own citizen who failed to comply with the terms of the traffic violation committed in another state. You should also know that traffic violations received while driving in another state will most likely become part of your West Virginia driving record. Most states exchange driver violation information with each other and points will be assessed for out of state traffic violations. If you are convicted in another state and the offense is grounds for license suspension or revocation, your West Virginia driver's license may be suspended or revoked as well. When I consider my own failure at times to act appropriately while driving, I recognize it was most often because of impatience or inattentiveness. It is reported that most bad driving habits result from laziness, impatience, inattention, arrogance and ignorance. If you find yourself exhibiting any of these bad driving habits you really need to work to eliminate these habits for the protection of yourself, your family and others. I think after having seen the hundreds if not thousands of people we have represented over the years at this law firm and seen the physical pain and grief suffered through the loss of lives, the money spent on medical bills, the lost wages that people suffer and the inability to do the things that they could formerly do, and the destruction of lives, it seems that it is a small price to pay to try to obey the laws. Let's all work hard together on trying to be especially careful driving by school busses and in places where children can be expected to be walking, playing, etc. We might not get to our destination quite as fast as we would like, but we may save a life and at the very least will feel better about ourselves. Remember that Halloween is right around the corner and many kids act the way we did as kids. That can be a scary thought. We have to be the adults and protect our children from themselves.

Halloween is finally upon us, and trick-or-treaters will soon be knocking at your door. Piles of candy and amazing costumes make October 31 st a night of fun and excitement for so many families. However, as you take your children house to house, it is best to be informed of any potential dangers within your area. The Belmont County Sheriff's Department has gone the extra mile to help with this. For the citizens of this county, Sheriff Dave Lucas has created a sex offender registry website for easy access. This website will allow a user to determine if there are any sex offenders living within their neighborhood. It is important to note that, if you register, this website will also notify you of any future sex offenders that move into your neighborhood. Ohio residents living in other counties can obtain comparable information through the Ohio registry here. With this helpful information, parents can plan a safe trick-or-treating route for their children. If you don't live in Ohio, there are similar options available to you through your own state. For instance, West Virginia State Police has provided a sex offender registry where you can search for information county-by-county. Pennsylvania has also created a statewide registry. At Bordas & Bordas, we love celebrating Halloween! We also love our kids and want to make sure all parents have the right tools to keep their children safe. Although not all the offenders listed on these websites should be considered a risk, it is important to be aware of your surroundings. These suggestions are meant to encourage parents and guardians to be as informed and safe as possible during this holiday season.