Archive for the ‘Car Accident Cases’ Category

Mississippi Car Accident Lawyer Discusses Negligent Driving

Monday, September 25th, 2017

Car accidents are, unfortunately, extremely common. It is estimated that most people will have around three or four car accidents in their lifetimes. The vast majority of car accidents are not the result of intentional behavior, or faulty equipment, but rather, involve someone doing something careless. It is easy to become complacent while driving, and think that we can just make that one phone call, or take a quick look to see who that text was from. However, when these types of behaviors lead to a car accident that one text can lead to a driver being referred to as “negligent.” Negligence is the legal basis for many personal injury claims. But what exactly makes a person negligent?

Negligence defined

When we talk about someone having been negligent we mean that they failed to exhibit the “level of care that someone of ordinary prudence would have exercised under the same circumstances.” So if you were in your car and rear-ended by a driver who was looking at their phone, the other driver was likely negligent. If you were in an accident caused because the other driver suffered a stroke and rear-ended you, then the other driver was probably not negligent. This is because the first driver did something a reasonably prudent or cautious person would not do when they took their eyes off of the road to look at their phone, while in the second example, the driver who suffered a stroke likely did nothing wrong, but had an unpredictable physical problem that prevented them from operating their vehicle safely.

Making a case for negligence

If a person wishes to make a case against another driver for negligence, they must be able to show four things.

  • A legal duty was owed to the injured person
  • The defendant breached their duty
  • The person suing, or plaintiff, was injured
  • The injury was caused by the defendant’s breach of their duty

When it comes to car accidents, showing that a duty was owed to the injured party is pretty simple. A driver owes a legal duty to everyone else on the road, passengers in their own car and pedestrians. This is different from some other types of personal injury claims, such as medical malpractice, where a doctor only owes a duty to his or her patients.

A breach of duty occurs when someone does something that is not prudent. For instance, texting and driving or driving drunk.

In order to make a case against another driver for negligence, the person suing must be able to show that they were injured. This can mean physical injury, but can also include property damage, such as a car that has been totaled as a result of the accident.

Finally, the injury and the breach of duty must be causally linked. If someone rear-ended you while you were stuck at a red light causing you to suffer severe whiplash, and they were texting at the time of the accident, then they breached a duty that they owed you, and you were injured. However, if they were stopped at the time of the accident too, and their car jolted forward as the result of a mechanical defect, then the fact that they were texting would not have been causally linked to the injuries that you suffered, and there would not be a case for negligence.

If you were injured in a car accident, contact an experienced personal injury attorney to discuss your claim.  Contact Barrett Law PLLC to speak with our seasoned Mississippi Car Accident Lawyer today at (800) 707-9577.

 

Mississippi Car Accident Lawyer Discusses Understanding the Car Accident Lawsuit Process

Thursday, September 14th, 2017

Mississippi Car Accident Lawyer Discusses Understanding the Car Accident Lawsuit Process

Chances are, you either drive or ride in a car on a regular basis. No matter how careful we might be behind the wheel, there is always a chance that we could find ourselves involved in an automobile accident. Getting into a car accident can be confusing, disorienting or downright overwhelming. If you find yourself trying to work through the aftermath of a car accident, and wondering where any legal claims might lead, it will help you to become familiar with some of the basic stages of a car accident claim.

The initial collision or accident

In the moments following a car accident, we are often in a state of disbelief. Your first priority should be determining if anyone involved needs medical attention, and ensuring that they receive that attention if it is required. If possible, avoid making statements regarding your own injuries or lack of injuries. It is not uncommon for injuries from a car accident to appear later in the day, or in the following days. In the moments after the shock of the accident we have adrenaline coursing and likely are not in the best position to fairly assess whether we incurred any harm. If you insist that you are fine, this could be documented and brought up at a later time to refute your claim for damages, when in reality, you were not thinking straight when you expressed that you were uninjured.

See a doctor

If you come to realize after the accident that you actually were injured, when you initially thought that you were not, it is important to see a doctor right away. Your doctor will make a record of the injuries that you suffered. If you postpone going to the doctor, your hesitation could be interpreted by others as evidence that your injuries were not too severe.

Use caution speaking with insurance companies

Insurance companies frequently offer settlements early on in claims, but these settlements are often for amounts far below what you could collect if you filed a lawsuit or had an attorney negotiate a settlement for you. Additionally, insurance companies might use things that you say to them against you. You do not have to be too chatty with them.

It is a good idea to speak with a personal injury attorney before agreeing to anything. An attorney will be able to tell you how to handle the insurance company and can give you some idea of what you should be expecting in terms of a settlement. In this way, your attorney might be able to prevent you from making statements or agreeing to things that might hurt your ability to collect compensation.

Filing a lawsuit

If early negotiations are unsuccessful, you may end up having to file a lawsuit. Your attorney will file a complaint for you. After the lawsuit is filed, “discovery” will start. This means that important documents and other information about your claim will be gathered and furnished to both sides and you will likely be asked to give a “deposition,” which is basically a formal interview in which you will be under oath.

More often than not, your claim will end up settling. This means you and your attorney will agree to end your claim for a certain amount of compensation.

Trial

Most claims will never make it to trial, but if yours does, this will involve the presentation of the facts of your case in front of a judge and possibly a jury. The judge or jury will determine whether the defendant is liable and if he or she is liable, then an amount of damages will be determined. Contact the Mississippi Car Accident Lawyer at Barrett Law PLLC today at (800) 707-9577 to learn more about your legal options.

Car Accidents & Determining Fault in Mississippi

Saturday, August 5th, 2017

Traffic accidents can range from annoying nuisances to complete tragedies. Sadly, vehicle collisions occur frequently, and many people will experience one throughout the course of their lives. After a car accident, the most important thing to do is to ensure that anyone who needs medical attention receives it, but not long after the dust settles the question that presents itself is “who was at fault?” If you suffered an injury in a car accident, you might be facing costly medical bills in addition to property damage and lost time at work. When injuries such as these are the fault of another person’s negligence, you can recover monetary damages from that person to cover these expenses and more. However, you can only recover if the other person was to blame.

What is negligence?

Negligence on the part of one or more of the drivers is often the cause of a car accident. In order to be considered legally negligent, a person must have acted in a way that a reasonably prudent person would not have acted under the same circumstances. There are many ways that a driver might negligently cause a car accident. If one of the drivers involved had been drinking prior to driving, or was texting, or applying make-up at the time of the accident, then there is a good chance that person could be said to have been negligent. After all, a reasonably prudent person would know that engaging in these risky driving behaviors was unwise.

What if both drivers were negligent?

Sometimes a driver will be sitting patiently, waiting for a red light to turn green, when they are smashed into from behind by a driver who was looking at their phone and not the road. In this case, it is pretty clear that the driver who was waiting for the light was not negligent, and that the person who rear ended them was. There would not really be any room to argue that the driver who was hit should have moved out of the way or done something to avoid the collision. However, many accidents are not as clear cut as this. It is also possible that one driver was texting and another driver was speeding and an accident occurred as the result of both drivers behaving negligently.

So, if you were in a car accident, and suffered an injury, but think you might have shared some of the blame for the accident having occurred in the first place, you might wonder how your actions could impact your ability to recover compensation from the other driver. The way that your claim would come out would depend on which state your accident occurred in, and how much of the blame you bear for the accident occurring.

Mississippi follows what is called “pure comparative negligence.” Under this, a person who was negligent can still collect compensation for his or her injuries from another driver who was also negligent. Rather than barring a driver from collecting compensation, the damages available would simply be reduced based on the percentage of blame attributed to the injured driver.

So if you were found to be 40% to blame in an accident where you suffered $100,000 in damages, you could collect $60,000 the other driver, who would be 60% to blame. While many states do not allow a person to collect if he or she was more than 49 or 50% responsible, Mississippi has no such restriction.

If you were in a car accident, contact the experienced Mississippi Car Accident Lawyer at Barrett Law, PLLC now to discuss your claim in detail.   We can be reached at (800) 707-9577 or online on our website.

Mississippi Car Accident Lawyers Discuss Strategies for Identifying a Viable Defendant

Friday, June 10th, 2016

When car accident victims are involved in a collision in Mississippi, they often face challenges in identifying a viable responsible party to sue.  A motorist who slams into you from behind might lack sufficient insurance coverage to compensate you fully for your losses.  Alternatively, the at-fault driver might even flee the scene. Despite an exhaustive investigation, many car accident victims cannot track down the driver responsible for their injuries even with assistance from law enforcement officers.

Tragically, some injury victims simply give up when they learn that the other driver cannot be identified or does not have insurance.  Our experienced Jackson County car accident attorneys at Barrett Law have successfully assisted many car accident victims facing this difficult scenario.  This blog discusses some effective strategies for dealing with a situation where the most obvious at-fault party (i.e. the other driver) is not a viable defendant.

Liability of Other Parties

Third-parties (i.e. not a driver of either vehicle) often play a role in causing a car accident.  Depending on the facts and circumstances of your case, a wide range of third-parties might be liable for your injuries. If the person who was at fault in your accident was performing a work-related function, the company that employs the driver might be responsible for your injuries. These cases can be complex because the employer often disputes whether the particular tasks that the driver was performing at the time of the crash were within the scope of employment.  Mississippi law does not make it dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.

An owner who entrusted the negligent third-party with the vehicle also might be liable for a crash victim’s injuries. When people entrust their vehicle to a person who lacks the maturity, competence, or responsibility to drive safely, they can be liable for negligently entrusting a vehicle to a third-party.  For example, a vehicle owner might lend his car to a friend who the car owner knows has a history of driving under the influence of alcohol or a pattern of past traffic accidents.  The imprudent decision to provide a vehicle to a driver with this background could provide a basis for imposing liability on the vehicle owner.

Another party that might be liable for your injuries includes a public entity that designed or maintained an unreasonably dangerous roadway.  Our experienced Mississippi car accident attorneys always explore the possibility of liability of a public entity, but the potential liability of a municipality, county, or the State of Mississippi is especially important.  Public entities that know or should know of dangerous roadway conditions can be financially responsible for failure to make a roadway safe or failure to provide adequate warnings of potential hazards.  Special requirements and deadlines apply when suing the government, so you should seek prompt legal advice from an experienced Jackson auto accident attorney.

An automaker that produces a defective automobile also might be liable for your injuries if the defect contributed to your car accident.  Companies that design, manufacture, or sell motor vehicles and their components can be liable for product defects that contribute to a collision.  Since you are seeking damages against large companies in this situation, you should talk to a personal injury attorney with a proven track record in lawsuits against large corporations.

Uninsured Motorist (UM)/Underinsured Motorists (UIM)

If there is no other viable party against whom you may recover for your injuries, our Mississippi car accident attorneys can explore filing a claim against your uninsured motorist UM coverage.  Uninsured motorist coverage is optional supplemental insurance coverage that can provide compensation if you are involved in a hit-and-run accident or an accident with an uninsured driver. Uninsured motorist coverage is typically available for a relatively modest additional premium and can be invaluable if you find yourself involved in a serious car accident with no viable defendant to compensate you for your injuries.

Underinsured motorist coverage is slightly different in that it provides additional compensation when the at-fault party does not carry enough insurance coverage to compensate you for all of your loss. Your underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.

If you are in a Mississippi auto collision caused by an uninsured or underinsured driver, our Mississippi Car Accident Lawyers have successfully represented many crash victims.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

Severity of Drowsy Driving Problem Might Rival Drunk Driving Epidemic

Friday, November 20th, 2015

While most motorists are well aware of the inherent risk posed by intoxicated and distracted drivers, drowsy driving receives much less attention.  Despite the devastating impact of severe fatigue and drowsiness on the physical and mental skills needed to safely operate a motor vehicle, the issue of drowsy driving has been largely ignored by lawmakers.  The expansive use of prescription and over-the-counter drugs that promote drowsiness threatens to make the problem even worse.

Drowsy driving accounts for a significant number of serious crashes that cause debilitating injuries, such as traumatic brain injuries (TBIs), spinal cord injuries, broken bones/fractures, internal organ damage, and even fatalities.  According to data from the National Highway Traffic Safety Administration (NHTSA), approximately 100,000 crashes occur every year that involve sleep deprivation as a factor.  The National Sleep Foundation reports that sleep-deprived drivers account for approximately 1,550 fatalities and 71,000 injuries annually.  The organization also reports the economic cost associated with these crashes exceeds $12.5 billion annually.

While this number is significant, the number of drowsy driving accidents might be significantly understated based on a number of factors:

  • Multiple Causal Factors: Sleep deprivation is often ignored as a secondary factor that plays a role in causing crashes.  Many drivers who have been using drugs or alcohol, for example, fall asleep behind the wheel, but substance impairment rather than fatigue is documented as the cause of the collision.
  • Inaccurate State Reporting Systems: While states have adopted fairly standardized techniques for reporting the causes of accidents, these systems are not effective for drowsy driving.  States tend to have different reporting systems for this type of unsafe driving practice with some states not even documenting sleep deprivation as a potential cause of an accident.
  • Lack of Objective Testing: When drivers are operating motor vehicles under the influence of intoxicants like drugs or alcohol, there are objective tests that can be applied, such as a chemical test of blood, breath or urine.  There is no comparable test to determine if a driver was falling asleep behind the wheel.
  • Inherent Self-Reporting Issues: Drivers cannot be expected to accurately self-report drowsiness as a factor in causing an injury accident or fatal collision because of concerns about civil and criminal liability.

Along with these factors that complicate attempts to get an accurate fix on the scope of the drowsy driving epidemic in the U.S., evidence from other countries with better reporting systems suggest the problem could be as significant as drunk driving.  A study that evaluated crash data involving collisions in a number of European counties found that drowsy driving could be a factor in as many as thirty percent of all collisions.  While this estimate might seem alarmingly high, a study conducted by the organization Sleep in America found that 27 percent of participants admitted to commuting to work when drowsy at least a few times per month.

If you have been injured by a drowsy driver, you might have the legal right to financial compensation for injuries caused by this unsafe driving practice.  At Barrett Law, our seasoned Mississippi Personal Injury Attorneys understand car accident victims often feel overwhelmed, and we are here to help.  Contact our firm today at 800.707.9577 to schedule your free consultation, so we can answer any questions you may have regarding pursuing a car accident claim.

Mississippi Car Accident Attorneys Report: Two Killed in Accident Involving Child Driver

Wednesday, December 17th, 2014

A tragic accident involving children occurred on Friday, December 12, 2014.  Two child passengers perished in a car accident while being driven by a nine year old boy.  The incident occurred about 45 miles east of Jackson in a rural area north of the town of Forest.  The car turned to avoid a mandatory checkpoint set upon on Highway 35.  A Mississippi Highway Patrol officer noticed the 2003 Mercury Sable attempting to avoid the checkpoint and set off after the vehicle.

The runaway car veered off the road while attempting to avoid the police officer.  The car overturned and collided with a utility police.  The nine year old driver and one of the passengers, a boy of only three, were ejected from the vehicle.  The ejected toddler and another passenger, a 13 year old boy, died from their injuries.  The nine year old driver and the remaining passenger, a 13 year old girl, were rushed to the hospital for treatment.  The driver remained in critical condition and the young girl’s condition has not been released.  The names of the survivors have also not yet been released.

All four of the children in the vehicle that day lived in the same household, though their relationship to one another is not clear.  Police have not released the name of the owner of the vehicle.  None of the children occupants were wearing seatbelts.

Any car accident is a tragic occurrence, but when young children are involved accidents become all the more troubling.  More than 9,000 children under the age of 12 will die in car crashes each year.  This number is down tremendously since 2002, but many safety advocates feel the figure is still too high.  Researchers report that one out of every three children killed in automobile accidents was not wearing a seat belt.

Study after study has demonstrated that seat belts and age appropriate child restraints are the best way to protect children in the event of a crash.  Yet many states, including Mississippi, have not yet passed laws requiring the use of car seats and booster seats for all children under the age of eight.  Even more states have not adapted car seat laws to meet with current safety recommendations, which include keeping all children under the age of two years old in a rear facing car seat.  According to many child safety advocates, passage of mandatory booster seat laws up until the age of eight would save many elementary school aged children who are simply too small to be safely riding in a seat with just a seat belt.

If your child is injured in a car accident, consult with a licensed car accident attorney as soon as possible.  It is imperative your child’s rights be protected fully from the start.

Barrett Law PLLC:  Mississippi Automobile Accident Attorneys Fighting for Your Full Recovery

All car accidents are tragic and unfortunate.  Those involving young children, however, are particularly heinous.  This accident highlights the importance of child supervision and of teaching even young children never to get in the car with anyone other than a trusted adult.  The importance of wearing a seat belt also cannot be overemphasized to children.  If you or a loved one is involved in a car accident, the Mississippi Car Accident Attorneys at Barrett Law PLLC are here to help.  Our dedicated car accident attorneys will fight for your full recovery, which may include medical expenses, lost wages, rehabilitation costs, and non-economic damages.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation with one of our experienced car accident attorneys.

 

Mississippi Accident Attorneys Discuss the Dangers of Head-On Collisions

Saturday, June 28th, 2014

Perhaps the most violent of all forms of car accidents, head-on collisions are the primary cause of automobile accident fatalities and often result in serious injuries.  When two vehicles are traveling in opposite directions and collide head-on (or face to face), the force experienced by both vehicles is immense.  Those involved in a head-on collision rarely emerge from this serious accident unscathed.

Causes of Head-On Collisions

The majority of head-on collisions occur when two vehicles heading in opposite directions collide with one another.  Head-on accidents can also happen when a vehicle crashes into a fixed object, such as a telephone poll or tree, straight on.  Negligence is the leading cause of all head-on collisions.

Some of the most frequent scenarios to result in head on accidents include:

  • Passing when it is not safe to do so
  • Turning into the path of oncoming traffic
  • Failing asleep while driving
  • Taking a corner at high speed
  • Failure to observe road signs and signals
  • Driving while impaired by drugs or alcohol
  • Distracted driving
  • Low visibility due to poor weather conditions
  • Tire blow outs
  • Obstacles in the roadways, such as debris or animals

Common Injuries to Arise from Head-On Accidents

While the severity of injuries will depend upon a number of factors following a crash, head-on accidents usually result in devastating injuries for those involved.  Some of the most common injuries sustained by the victims of this form of accident include:

  • Brain injury
  • Spinal cord injury
  • Head injury
  • Neck injury
  • Back injury
  • Broken bones
  • Paralysis
  • Lacerations
  • Whiplash
  • Burns
  • Internal organ damage
  • Death

When a large truck or commercial vehicle is involved in a head-on collision, the chance of victims sustaining life threatening or permanent injuries is grave.  The force of an often 80,000 pound tractor trailer pummeling into an oncoming sedan or smaller passenger vehicle is tremendous, often crushing the car and seriously injuring its occupants.

Following a head-on collision, it is imperative you obtain the contract information from all witnesses to the accident along with vital details concerning the incident.  These details can be forgotten in the aftermath of an accident if not immediately recorded.

Those involved in a head-on accident should retain the representation of an experienced Mississippi car accident attorney as soon as possible after the crash.  Under Mississippi law, negligent drivers who cause the injury of another can be found liable for the victim’s medical bills, lost wages, pain and suffering, rehabilitation, permanent disability, and more.  Head-on collisions often involve negligence on the part of one driver, whether it be drinking and driving, driving tired, or attempting to pass a vehicle when it is unsafe to do so.  All of these scenarios and more can lead to a recovery for your losses incurred as a result of the accident.

Barrett Law PLLC: Experienced Representation for Auto Accident Victims Across Mississippi

For over 75 years, across three generations, the Mississippi Accident Attorneys at Barrett Law, PLLC have provided skilled, zealous, and intelligent representation for the victims of head on collisions and other types car accidents across the state.  Our car accident attorneys have the knowledge, experience, and resources to obtain the results you desire.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal.  Call today at 1 (800) 707-9577 to schedule your free consultation.

As Investigations Continue, GM Hints Its Recall Avalanche May Come to an End

Sunday, June 15th, 2014

Recently, auto industry giant General Motors, who is also embroiled in much litigation and governmental investigations, hinted that its avalanche of older vehicle recalls may be over.  Earlier this year, General Motors recalled over 2.6 million vehicles, all of which were older models and small sedans, due to a faulty ignition switch.  The defective ignition switch allows the vehicle to switch out of run, switching it into off.  In the off mode, the power steering and brakes are disabled.  This can cause drivers to lose control of the car.  Further, the faulty switch will disable the air bags, causing them not to inflate in the event of an accident.  This faulty ignition switch has been linked to over 54 crashes and 13 deaths.  It is expected more accidents and deaths will be uncovered as investigations continue.

Months after this initial massive recall, the recall widened to include another 3.4 million vehicles.  The cars involved in this recall were larger model, older cars.  GM revealed that the faulty switches in these vehicles are, in fact, different from those in the initial smaller recalled vehicles.  The ignition switches in these vehicles can be knocked out of the run position due to the force of a large bump.  They can also be knocked into off mode by only a swinging keychain.  These faulty switches have been linked to at least six injuries in eight crashes.

Recalled vehicle models include several Chevrolets, Pontiacs, Saturns, Buicks, Cadillacs, and a Chevy Monte Carlo.  Not all years are affected.  Anyone who owns one of these vehicles and has been in an accident, or has been involved in an accident with a potentially recalled vehicle, is advised to consult with an attorney as soon as possible.

The number of lawsuits filed against GM continues to grow daily as the faulty switches are being linked to more and more accidents.  Several investigations are underway and substantial evidence has been revealed that demonstrates GM’s longstanding knowledge of the problem and failure to correct it.  GM apparently became aware of the faulty nature of the switch in 2001, but did not issue a recall to owners of affected vehicles until this year.  In 2005, GM engineers actually developed a fix to the problem that would have cost just $1 per vehicle.  GM, however, chose not to fix it.

While GM’s recall avalanche over the ignition switch problem may be over, the automaker will likely continue to be involved in lawsuits and litigation for some time to come.  GM is attempting to put together a settlement to compensate auto accident victims, but the details are unclear as of yet.

Barrett Law, PLLC: Experienced Representation for Defective Automobile Accident Victims in Mississippi

For over 75 years, across three generations, the Mississippi Car Accident Attorneys at Barrett Law PLLC have provided skilled, zealous, and intelligent representation for the victims of defective automobile accidents and other types car accidents across the state.  Our personal injury attorneys have the knowledge, experience, and resources to obtain the results you seek.  Our attorneys will immediately investigate the facts of your accident to uncover whether a recalled GM part or other sort of product defect played a role.  We will then guide you towards a full and complete recovery.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal.  Call today at 1 (800) 707-9577 to schedule your free consultation.

 

Mississippi Personal Injury Attorney Explains Accounting For Your Auto Accident

Thursday, May 8th, 2014

When vehicles collide, there is often an immediate bout of pandemonium. The first thought is generally to make sure everyone involved in the accident is safe. Modern protocol then tells us to immediately inform the authorities and allow them to sort out the details. After the accident, vehicles are towed and people either go home or to the hospital. What comes next is usually a lot of waiting.

Waiting is not your only option if you are the victim in an auto accident. There is no getting around the fact that you will have to wait for the legal process to run its course. In the meantime, you can do something that can prove to be extremely valuable: keep a journal.

Your journal should begin right after the accident. Start by writing down everything you remember about the accident. Think about what you saw, what went through your mind and what happened during the actual accident. Try to focus on as many details as possible, even when it comes to the colliding vehicle and its driver.

This is important because the passing of time may cause you to forget some things about the accident. It may just be a minor detail or two that you forget, but that minor detail could eventually play a major role in your case. This kind of written memory will allow you to accurately recreate the accident scene if you are ever asked to do so, particularly in a courtroom.

Continue on with the journal by recording everything that happens in the days after the accident. Make sure to record any time off work, any calls to a lawyer, or any bills you may have received as a result of the accident. Anything that might be remotely connected to the accident should be written in your journal.

Overall, keeping a journal will thoroughly prepare you if your case does go to court. It will also provide leverage if your case goes to mediation. Settlements could turn out to be much larger when the victim has detailed documentation of injuries, pain, suffering and bills that are noted down to the exact penny.

Your healing process should be a major part of your journal. If you wake up with a slight pain in the middle of the night, reach for your journal before you reach for an aspirin. Injuries are important in every auto accident case. They could make a big difference in the final payout. So document every little pain you feel. Those pains may not initially seem to be a direct result of the crash, but there are lingering effects you may not be privy to.

All of this will not only help with the legal process, but it will also help you with the healing process. Car accidents are a traumatic event that can affect people emotionally as well as physically. It is important to be sure you have a record of every bit of your suffering.

You do not need to be a professional writer to put together a quality journal. Just be precise and consistent. A judge is not going to be awarding a Pulitzer Prize, but a judge could award you a sizeable payout. Honest facts about everything that could be related to your auto accident can only strengthen your case.

Victims of car accidents can turn to the Mississippi Auto Accident Attorney at Barrett Law PLLC. Your suffering deserves compensation and our legal team can show you the best ways to get what you deserve. Our attorneys can help you build your case into a winner. Call us today for a free confidential consultation at (800) 707-9577.

Mississippi Personal Injury Attorney Explains How There is No Such Thing as a Minor Rear End Collision

Monday, May 5th, 2014

The initial image most people conjure up when talking about auto accidents is a mangled wreck of a vehicle. Metal is smashed, windows are shattered and all that’s left is a tow truck taking the car to its final resting place. The truth is that many auto accidents look far different from that image.  If fact, even minor auto accidents without much damage can inflict a great deal of pain.

Rear-end collisions are the most common kind of auto accident in the United States. A crumbled bumper and a sudden jolt may seem like the only effects. But some symptoms take a little more time to show themselves. Whiplash is one of the most common injuries in rear end collisions.  Specifically, whiplash does not always show immediate signs of injury. It is also referred to neck strain. Whiplash is the actual tearing of tendons in your neck. Sometimes, it takes several hours for the pain to set in. The effects of whiplash can be ongoing and its symptoms can include the following:

  • Numbness in neck area
  • Constant headaches
  • Dizziness and back pain
  • Lack of neck mobility

Other injuries that are the result of  a rear end collision could be more severe. That severity usually depends upon the speed of the driver at fault. More severe injuries are head injuries, nerve damage to the bag of legs, back sprains, and blunt trauma that comes from hitting the steering wheel or windshield. However minor they may seem at the time, injuries resulting from a rear end collision could turn out to be major issues.

The thing about rear end collisions is that they are preventable. And since they are preventable, someone is always at fault. More than half the time, it is usually a male’s fault. In a study conducted by the National Traffics Highway Safety Administration, the likelihood of involvement of young male drivers in rear-end striking crashes was 1.5 times greater than that of young female drivers. The reason for that is aggressive driving is more prevalent among male drivers.

However, the main cause of rear end collisions is not aggressive driving, but distracted driving. Talking on the phone and texting while driving are two forms of distracted driving. There are other forms as well. When you are hit in a rear end collision, it is pretty much a guarantee that the other driver is at fault. There are exceptions, such a person jamming on their brakes for no apparent reason. But that is often a failed defense.

Looking for a settlement in a rear- end collision comes with a bit of calculation. The first part of the settlement comes from the actual dollar amount of damage caused to the vehicle. The second part comes in the form of lost income. Time off work is factored in and your lost wages expand the settlement figure.  These are considered general damages, which consists mainly of pain and suffering. Add up all those figures and therein lies the amount of your rear end collision settlement.

If you are the victim of a rear end collision, you can look to the seasoned Mississippi Car Accident Attorney at Barrett Law PLLC for assistance. You might be deserving of more compensation than you realize. The help of one of our specialists can go a long way in getting you compensation for your pain and suffering. Experience will be on your side with a team of qualified attorneys that can lead you to legal success. Call us today for a free and confidential consultation at (800) 707-9577.