Imposing Liability on Those Who Facilitate Drunk Driving

Mississippi currently has no dram shop statute on its books.  Dram shop laws in other states impose civil liability on commercial establishments, such as a bar or restaurant, that serve alcohol to patrons that then go out and injure an innocent person in a car accident as a result of the driver’s intoxication.

Mississippi does not have a “Dram Shop Act”, but does have a statute that imposes criminal penalties upon violators.  If a vendor violates the statute, the violation can provide a basis for civil liability as well. The statute prohibits individuals or entities from selling or furnishing alcoholic beverages to people who are visibly intoxicated, under age, insane or mentally defective, known alcoholics and known drug addicts.  Any person or entity that violates this statute may be criminally guilty of a misdemeanor and punished by a fine of up to $500 and/or six months in jail. The alcohol permit of the business may be revoked and the establishment may be sued.

The mere service of alcohol by the bar is not enough to render it liable in Mississippi. The state requires a showing that the intoxicated person who injured the third party actually consumed the alcoholic beverages since it is his consumption of the alcohol, not the sale, serving or furnishing of the alcohol that is the cause of the alleged injury.

In 2005, there was a case in Jones County, Mississippi against a Mississippi restaurant where the jury returned a multi-million dollar verdict against the restaurant. The business served a drunk driver who caused an accident, and the business had to pay almost 90% of the award.  Substantial civil judgement in cases like this have shown that when an entity knows that they could be at risk for civil liability they tend to become more diligent, responsible and lawful about how they serve their patrons.

The proprietor of a bar or restaurant can follow a few guidelines to help reduce the risk of having liability imposed for a drunk driving accident:

  • Do not serve patrons who appear to be visibly intoxicated.
  • Do not serve patrons who habitually drink to excess.
  • Do not serve patrons you know to have alcohol or drug addictions.
  • Do not serve patrons you know to be insane.
  • Make sure that every patron is 21 years old.

In a recent case, the Mississippi Supreme Court just upheld a verdict against a casino who continued to serve a man who was gambling while drinking about 2-3 beers an hour over the course of 16 hours.  When the man left the casino speeding at 90 mph, he smashed into another car killing both of the occupants. His blood alcohol level was .16, which is twice the legal limit in Mississippi.  The families of the occupants of the other car filed a wrongful death suit against the drunk driver and the casino. The casino argued that the man was not “visibly intoxicated” when he was being served. The jury found in favor of the two families.

This verdict re-established Mississippi’s position that businesses that serve visibly intoxicated customers will be responsible if that customer causes injury or death.  Even though Mississippi does not have a Dram Shop Act per se like other states, a Mississippi court will still hold the establishment that serves alcohol to certain individuals that are likely to cause a drunk driving accident accountable on both a criminal and a civil basis.  It is always worth taking a case for personal injury under these circumstances to hold the participating parties accountable.

If you or a loved one have been injured by a drunk driver, please contact one of our experienced Mississippi drunk driving accident lawyers to discuss whether you may have a claim against the alcohol provider as well as the drunk driver.  Our Mississippi auto accident attorneys help clients just like you obtain the settlement or judgment that they deserve. We provide relief from the headaches of dealing with insurance companies so that our clients can focus on their recovery and their family.  The personal injury attorneys here at the Barrett Law Office in Mississippi can help. Please contact us today for your free no obligation consultation. We will answer your questions and help you during this stressful time.

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Automobile Accidents Caused by Adverse Weather Conditions

An auto accident can be caused by a multitude of factors, such as product defects associated with vehicles systems or components, driver negligence like drunk or distracted driving and/or a poorly designed roadway.  If you are injured by the negligence of a third party whether another driver, manufacturer of your car or even a public entity, you may have a right to bring a personal injury action for your serious injuries and loss.  Generally, negligence in the context of a Mississippi auto accident is an act or omission that causes a motor vehicle accident which does not conform to a reasonable standard of care to prevent car accidents.  Careless or reckless driving practices including drunk driving, distracted driving, speeding, tailgating or failing to obey traffic signals and laws are common examples.

Adverse weather conditions also are a common cause of Mississippi car accidents and increase the risk of being involved in a serious Mississippi auto accident.  Whether the road is slippery, icy or rain causes a particular glare on the road, extreme weather conditions can impact one’s ability to drive safely. It is widely accepted that in times of hazardous or adverse weather conditions, it is important to exercise extreme caution to avoid the possibility of being involved in a serious Mississippi car accident.

Drivers who do not drive safely for existing weather and road conditions cause many serious Mississippi auto accidents.  Unsafe drivers often drive as if weather conditions are perfect including following too close, speeding and frequently changing lanes.  The more careful you are to protect yourself by slowing down, wearing a seat belt and allowing extra following distance the better chance you have to protect yourself from the negligence of other drivers.

As recently as February of this year, Mississippi was the location of weather related traffic fatalities.  One of these fatal Mississippi car crashes was caused by ice on the road, which resulted in the tragic death of the woman.  Sadly, she was not wearing a seat belt, which might have saved her life.  Other weather related accidents across Mississippi lead to fatal wrecks, gridlock, and drivers getting stranded.  The emotional, physical and financial impact of any car accident can be devastating, but adverse weather, such as rain or fog, often results in a deadly chain reaction car crash.  A recent example involved a tractor-trailer, which crashed into a Jeep during a Colorado snowstorm and caused a multi-car pileup.

It is often difficult to determine who is at-fault in situations where adverse weather becomes a factor in a serious car accident.  The insurance company for the negligent driver may blame the auto accident on the weather and claim that the accident was unavoidable.  This is rarely the case because most weather related car accidents are the result of drivers who fail to properly appreciate the impact of adverse weather conditions and adjust their driving practices accordingly.  Most of us have experienced drivers zooming by in an adjacent lane when visibility is limited by fog or the surface of the roadway is slick because of rain.

Unfortunately there will always be drivers who are unwilling to slow down and be more cautious even when the roadway is wet or visibility is limited.  It is important that every driver employ defensive driving measures, such as driving slowly, using alternate routes, maintaining a safe following distance or simply staying home until the weather passes.

Sometimes serious Mississippi auto accidents will happen no matter how reasonably you drive or what precautions you exercise.  The physical, emotional, and monetary effects that result from a serious Mississippi car accident can be devastating.  You may have a right to compensation for your damages including loss of income, pain and suffering, medical and hospital expenses, permanent disfigurement or disability and other damages.  If you have been injured by a negligent or reckless driver who refuses to respect adverse weather conditions in a Mississippi car accident, the experienced Mississippi auto accident lawyers at the Barrett Law, PLLC to diligently represent those injured in serious Mississippi car accidents.  We can carefully investigate your auto accident and advise you regarding your right to financial compensation for your injuries and loss.

Our personal injury law firm has been helping people for over 75 years and offers a free no obligation initial consultation so call us today at (662) 834-2376.

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Challenges in DUI Drugs Auto Accident Lawsuit

When people take prescription drugs and drive, they probably do not think that they are doing anything wrong. The truth is many prescription drugs can heavily distort a person’s judgement and reflexes and inhibit their ability to drive.  This increases the chance of them causing an auto accident while they are driving on Mississippi roadways.  Most people are very aware of the danger of accidents posed by drunk drivers but do not give much thought to the high numbers of car accidents caused by drivers who commit DUI while under the influence of drugs (called “DUI drugs” or DUID).

If a driver is in an accident and police believe the driver is impaired, they may request the driver take a breath test.  If the driver’s blood alcohol level (BAC) is below 0.5%, the police may ask that the driver take a blood test assuming that the driver did not test with a higher BAC because he or she is impaired by drugs that do not show up in a breath test.  Someone who is under the influence of drugs, whether illegal narcotics or prescription drugs poses a significant risk of causing a serious car accident.  Depending on the drug, the driver may suffer any of the following:

  • Impaired judgment
  • Distorted vision
  • Sleepiness
  • Inhibited motor skills
  • Ineffective decision-making
  • Slowed reaction time

While it is easy for a driver who is using drugs to cause a car accident, these cases pose special challenges to Mississippi car accident victims.  Unlike drunk driving cases, there is no “per se” type offense where a person is considered impaired based on a certain amount of the substance in one’s system.  A drunk driver is deemed to be impaired if the driver’s blood alcohol is .08 percent or above.  A DUI accident caused by intoxication with drugs requires providing evidence that the driver was actually driving unsafely as evidence of impairment, or the use of expert testimony regarding what the impact would be of the amount of a particular substance in a driver’s blood.  Generally, the fact the driver was in an accident may provide evidence of impaired driving but the point is that there is no specific amount of a substance in a driver’s system that automatically indicates the driver was impaired.

Another major challenge in proving drug impairment as the cause of a Mississippi car accident is the length of time drugs remain in the body.  A breath test will not detect drugs so a blood or urine test must be used.  The problem is that many drugs remain in the body for weeks or months after they have been ingested.  The attorney for the other driver’s insurance company may contend that the blood test results simply reveal prior drug use not intoxication at the time of the accident.

Where the drug that caused the accident is a prescription, the challenges can be compounded.  The injury victim faces the same issues in trying to prove that enough of the drug was present in the driver’s system to impact his or her driving.  The driver may claim that no warning was received or understood about the medication making it unsafe to drive.  This claim can be refuted by evidence that the bottle carried a warning that it was not safe to drive while taking the medication.

Despite these challenges in proving the negligence of a driver who is under the influence of drugs, you may be entitled to not only compensatory damages but also punitive damages if you prevail.  It is not uncommon for a jury to punish a driver who causes serious injury or wrongful death by operating a motor vehicle under the influence of a prescription or illegal drug.

If you have been injured in an auto accident involving a drug-impaired driver, then you should contact a Mississippi car accident attorney to discuss your right to compensation for your injuries.  We have been representing Mississippi car accident victims for over 75 years.  Our law firm offers a free initial case evaluation so call us today at (662) 834-2376.

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Fog Suspected Factor in Fatal Jackson Tractor-Trailer Crash with School Bus

The community of Jackson was again shaken this week by yet another fatal accident between a school bus and tractor-trailer, which is the second such fatal crash between these two types of motor vehicles already this year.  The accident earlier this week occurred when a school bus was stopped at a stop sign on Mississippi Highway 450 and began to make a left turn.  The driver of the tractor-trailer slammed into the school bus when the bus pulled in front of the tractor-trailer while making the left turn onto U.S. Highway 61.  The driver of the tractor-trailer indicated that he tried to brake to avoid the collision but did not see the school bus until it was too late.  Law enforcement authorities have indicated that the area was impacted by heavy fog, which may have played a role in the fatal Jackson crash.

This is the second fatal accident between a tractor-trailer and school bus during the first quarter of 2011.  This tragic accident highlights a number of critical risk factors related to Mississippi motor vehicle accidents.  While school buses are relatively safe they lack seat belts and airbags so if they rollover or a passenger is ejected the injuries can be catastrophic and even fatal.  In the Jackson crash, both the bus and tractor-trailer rolled over in the collision.  Rollover collisions are particularly dangerous because they can result in head, neck and spine injuries, crush injuries as well as vehicle ejections.

In most accidents involving tractor-trailers, occupants of the other vehicle are those that are injured.  The Jackson crash was no different as a fifth grade student lost her life and eight other students were taken to the hospital including four that were airlifted.  Statistics indicate that the occupants of the other vehicle in a tractor-trailer collision are 98 percent more likely to die in an accident with a commercial truck.  Tractor-trailers are less responsive, need greater braking distance and have larger blind spot, which means that they are at greater risk for being involved in a motor vehicle collision in Mississippi.  This provides a partial explanation for why there are 500,000 tractor-trailer accidents per year in the U.S.

Tractor-trailer accidents also are more likely to cause traffic-related fatalities because of the massive size and weight of the vehicles.  A fully loaded tractor-trailer may way 80,000 pounds, which is in excess of 25 times more than a typical passenger vehicle.  The force of impact caused by the weight differential between a tractor-trailer and most other vehicle typically results in catastrophic injuries and fatalities.

When the hazard of fog is added to the risk factors related to these inherent risks involving a bus collision or commercial truck accident, the consequences are often tragic.  Most people are well aware that fog will reduce visibility and increase motor vehicle collision risk, but many do not realize that fog also impairs visual perception.  Fog reduces the color contrast between a vehicle and its background making it harder to identify the vehicle or judge speed and distance.  A driver’s ability to judge speed is impaired further by fog because drivers typical use their peripheral vision to judge speed by using other objects as reference points to judge the speed of a vehicle as it passes objects on the side of the road.  Fog impairs a driver’s ability to judge speed so drastically that a driver is often unable to distinguish between moving vehicles and vehicles that are stationary.

If you are driving in fog, you should slow down and allow more stopping distance to compensate for less visibility and impaired visual perception.  Unfortunately, many drivers in Jackson and throughout the roadways of Mississippi do not show the proper respect for foggy conditions.  If you or a family member suffers serious injury or a loved one is killed in a fog related tractor-trailer accident, you may be entitled to compensation for your injuries and loss.  Our experienced Mississippi tractor-trailer accident lawyers represent commercial trucking accident victims in Jackson and throughout Mississippi.  If you have suffered a serious commercial trucking accident, we offer a free no obligation initial consultation so that we can evaluate your case and advise you regarding your rights to compensation.

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Assigning Fault in a Mississippi Car Accident

If you are involved in a serious car accident in Mississippi, it can be an emotional and stress filled time.  Many Mississippi car accident victims suffer severe injuries that result in extended time off work as well as permanent disability or disfigurement.  An auto accident victim may also be coping with significant pain and suffering.  The silver lining is that you expect to be compensated for your car crash-related injuries.  However, the insurance company for the other driver may claim that the accident was entirely or partially your fault despite your suffering severe injuries and struggling financially because you cannot work.  The insurance company of the other driver may claim that you are not entitled to recover because your own negligent (i.e. careless or unsafe) conduct caused the accident.  This unfortunate scenario can and does happen more than most people realize.

When a Mississippi car crash occurs, the first place that the insurance company for the other driver will look to determine fault is the accident report prepared by law enforcement.  If the car accident report identifies you as the driver who was at-fault in the accident, you need to seek legal advice immediately.  Police officers are not infallible in their analysis of an accident scene.  An experienced Mississippi car accident lawyer will carefully examine the facts and circumstances of the accident and form an independent opinion regarding who caused your car crash.  It may be the case that the officer missed certain facts or details that would make the other driver at-fault or that there are third parties whose liability also contributed to you motor vehicle collision.

Even if you are partially at-fault for a Mississippi car accident, this does not necessarily preclude you recovering for your injuries.  Mississippi is a comparative fault state, which means that your recovery is reduced but not eliminated by your degree of fault.  Even if you are 90 percent at fault in causing your Mississippi car crash, you may still recover damages, but the amount of your recovery would be reduced by your percentage of fault.  For example, a jury might determine that your damages were a hundred thousand dollars.  If you were determined to be 90 percent at fault with the other driver being 10 percent at fault your recovery would be $10,000.

Many Mississippi car accident victims make the mistake of never getting legal advice from an experienced personal injury attorney.  These auto accident victims presume that the police report is accurate in assigning blame for the accident.  Even worse, some car accident victims believe the other driver’s insurance company when it claims that the accident victim is at-fault for his or her own injuries.  Determining fault in an accident can be a tricky and complicated process.  The facts of a particular car accident are frequently open to multiple interpretations.  The insurance company for the other driver will always interpret those facts in the way most beneficial to its insured.  The entire goal of the other driver’s insurance company is to minimize or avoid liability for the claim.

If you are involved in a Mississippi car accident, it is imperative that you seek independent legal advice from an experienced Mississippi auto accident lawyer.  The car accident lawyer will analyze all of the facts and evidence surrounding your car accident and advise you regarding your rights to recover for your injuries and other loss.  Our law firm represents car accident victims throughout Mississippi.  If you have been injured in a serious car accident, we offer a free honest assessment of your car accident claim.  We offer a free no obligation consultation so call us today.

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How Safe Are Mississippi School Buses?

There has been a great deal of concern lately about the safety of Mississippi’s school buses that transport our children to and from school each day. These concerns stem from the fatal Mississippi school bus accident involving an Ackerman High School bus that collided with a tractor-trailer head on, killing three people and injuring thirteen others in February.  The school bus driver was killed along with a teacher who was sitting in back of the driver and a student who was sitting near the front of the school bus.  If your child has been suffered serious injury in a Mississippi school bus accident, our experienced Mississippi school bus accident attorneys diligently represent those injured in Mississippi bus accidents.

Following the school bus accident, all of Mississippi’s public school buses were individually inspected to address school bus safety issues that were involved in this recent tragic Mississippi bus accident. All of the school buses passed inspection, and continued on their routes transporting 450,000 Mississippi students on a daily basis, according to Leonard Swilley, the transportation safety director of the Mississippi Department of Education.

The greatest danger to our children is when they are boarding or disembarking from the school bus, and a passing motorist ignores a stopped bus.  This often results in catastrophic injuries or even fatal pedestrian accidents. Negligence of other drivers poses a threat of serious Mississippi motor vehicle accidents far greater than the school bus.  In fact, the Mississippi legislature is considering a law imposing stiffer punishments for any motorist that injures a child while passing a school bus. The Senate recently passed such a bill, which is now pending further review by the House of Representatives.

There are many safeguards in place intended to keep our children safe.  All Mississippi school bus drivers must have eight hours of training every other year for re-certification to continue driving with 4 hours of training every year.  In addition, Mississippi school buses have many special safety features designed to keep our children safe when they are being transported to and from school each day. The roof of a school bus is curved so that it will be forced to roll onto its side in the event of a rollover. The high seats and narrow aisles keep riders in their compartments preventing them from getting tossed bout in the event of an accident.

If a collision occurs, the riders on a school bus most likely will get thrown into the back of the seat in front of them, which is why the back of each seat is heavily padded. Kenneth Roberts, who is the Director of Transportation for the Tupelo Public school district states,” The back of a seat is almost like an air bag.”

Many school buses do not use seat belts because aggressive students could use them to harm other students if a fight breaks out.  It is also possible that a smaller child could get trapped if they were unable to release the latch quickly in an emergency situation, and the driver could not get to the child.  However, many states have begun examining whether seat belts should be added to school buses, which could be particularly helpful in school bus rollover accidents.

The air vents on the roof and windows can be removed for a quick escape if necessary, and the floor and sides are reinforced to such a degree that a school bus can withstand a significant impact from another vehicle.  School buses are probably one of the safest vehicles on the road today, and will keep the precious cargo they carry, our children, as safe as they possibly can in the event of an accident.

Despite the significant steps taken to keep our children safe in the event of a serious Mississippi school bus accident, the fatal Ackerman high school bus accident makes clear that Mississippi bus accidents are still a real risks to the safety of our children.  If you or someone you love has been involved in a serious Mississippi bus accident or a school bus accident in Jackson or elsewhere in Mississippi, our experienced Mississippi bus accident attorneys are committed to helping those who suffer serious injury resulting form the negligence of others obtain compensation for their injuries.  We offer a free case evaluation so call us today.

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Mississippi Auto Accidents Caused by Unsafe Lane Changes

Drivers making erratic lane changes in Mississippi can cause car accidents resulting in property damages, catastrophic injuries and wrongful death.  When a driver changes lanes on the roadway, it is his duty to ensure that the other lane is clear and safe. Turning on the turn signal in a vehicle is the first step in making a lane change. A driver should also double check for traffic by not only using their mirrors but by glancing around over his or her shoulder.

There are a few other steps that drivers can take when making a lane change:

  • Taking only one lane at a time is safer than skirting across two or three at a time.
  • Changing lanes only where it is legal, usually where the lines are dashed, will help to avoid car accidents.
  • Making sure that you are not cutting off another driver and leaving him or her enough room.
  • Changing lanes where there is straight road and no changing traffic patterns occurring will help prevent auto accidents.

These all seem like simple rules to follow, but it is surprising how many drivers ignore these basic guideline on a regular basis.  These accidents are often considered minor in nature compared to some other vehicle to vehicle collisions, but the injuries that a person may suffer might not be so minor.  Some of these Mississippi motor vehicle accidents also result in run off the road accidents, rollover accidents and other serious auto collisions that may cause catastrophic injuries like traumatic brain injury, spinal cord damage, fractures or broken bones, internal organ injuries or even wrongful death.

Insurance companies want to see medical reports documenting injuries when a person makes a claim against the insurance provider’s insured for negligent driving.  The insurance company will want to settle quickly for far less than the value of the claim.  Medical records should include diagnostic scans including CT Scan, MRI and X-Rays.  Even if you feel that your injuries are minor, it is critical to obtain immediate medical care because sometimes serious conditions are not immediately obvious.

Settling with the insurance company quickly is never the best approach.  If you have any injuries at all, no matter how slight they may seem, it is in your best interest to talk with an experienced Mississippi personal injury attorney.  The insurance company wants to settle the case before you have determined the seriousness of your injuries and legal advice revealing the actual value of your Mississippi auto accident claim.  They can talk with you about your case and decide whether the other driver was in fact negligent by making an unsafe lane change.

If you are involved in a serious Mississippi car accident with a driver who makes an unsafe lane change, you may seek legal compensation for your injuries.  Our experienced Mississippi car accident attorneys can help you seek legal compensation including medical expenses, lost wages, pain and suffering and other appropriate compensation.

At Barrett Law, PLLC, our Mississippi car accident lawyers have been representing residents in Lexington and throughout Mississippi in serious motor vehicle accidents for over 75 years.  We offer a free initial case evaluation so that we can assess your case and advise you of your rights so contact us today at (662) 834-2376.

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Children and ATVs Can Be a Dangerous Combination

The increased use of all-terrain vehicles (ATVs) has also resulted in increased ATV-related injuries and fatalities.  There are serious safety concerns involving these vehicles particularly when children operate adult-sized all-terrain vehicles as a source of recreational activities. There are size limitations imposed on children of a certain age range when it comes to the operations of all-terrain vehicles mainly due to a direct correlation between driver inexperience and risk of catastrophic injury and fatalities.  Parents should be aware that adult-sized ATVs could weigh up to 800 pounds.  It is recommended that the ATV a child operates weigh no more than 150 pounds and have a maximum speed of 15 mph as opposed to ATVs that can go up to sixty miles per hour.

There is a growing concern over ATV-related injuries involving children under 16 years of age that are operating adult-sized ATVs.  When a child is injured in an ATV rollover or another type of ATV wreck, injuries sustained can be devastating because of the difference in weight between the child and the all-terrain vehicle.  Tragically, a recent accident claimed the life of a six-year-old when he was riding on a four-wheel all-terrain vehicle.  Although the child was wearing safety equipment and was under the supervision of his parents, the vehicle tipped when the child turned.

There are many causes of ATV-related injuries and deaths.  One common cause involves defective parts that fail to perform as expected.  When purchasing any type of product, consumers expect them to operate and perform according to reasonable expectations.  When an ATV has a defective part, it poses an exceptionally high risk of causing injury because of the inherent instability of the vehicles.  Defective parts that catch on fire or tire failures and blowouts may cause ATV accidents.  Unfortunately, ATVs with defective components and parts are not always recalled in time to prevent life-threatening injuries or fatal ATV accidents.

Common serious injuries sustained in an ATV-related accident may include head or abdominal injuries, liver injuries, injuries to the spine and even death.  The financial impact of being involved in an ATV-related accident can be enormous including massive hospital bills and expenses as well as impaired present and future earning capacity.  If you or someone you love has been injured because of a defective component or part on an ATV, you may be able to obtain compensation for your injuries by filing a product liability lawsuit.

Many people injured in serious ATV accidents are also able to include a claim based on the unstable design of an ATV.  ATV lawsuits can be complicated because the insurance company for the ATV manufacturers will often claim that the rider’s unsafe operation of the vehicle caused the accident.  The manufacturer will seek to have the value of your claim reduced by the rider’s percentage of fault.  This is a defense called comparative negligence.  It is recommended that you contact an attorney immediately to gather evidence and initiate investigations immediately in order to effectively litigate your case, and maximize the compensation available to you.

The Barrett Law Firm handles serious ATV accidents throughout Mississippi and offers a free case evaluation so contact us today at (662) 834-2376.

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Impact of Graduated Driver’s License Programs on Teen Auto Accident Rates in Mississippi

Car accident rates among teen drivers in southern states rank is among the highest in the country. The State of Mississippi is no exception.  It is one of the top ten states in the nation with regard to the number of teen related auto accidents.  Mississippi officials blame various reasons for the high rate of teen accidents including lenient enforcement of speeding and alcohol laws as well as tree-lined streets and inadequate seat belt laws.

In an effort to reduce its teen auto accident rate, Mississippi closely monitors its Graduated Driver Licensing Program (GDL). The GDL applies to teens ages 15-16. In order to drive an automobile, 15 year olds must have a valid learner’s permit and they must be accompanied by a parent, legal guardian, driver instructor or a person that is 21 years of age or older with a valid driver’s license at all times. The designated driver also must occupy the seat next to the driver at all times.

The next step for a Mississippi teen taking part in the GDL system is to obtain an intermediate license. A teenager must be 15 ½ years old to obtain this intermediate or “Class Y” license. The teen must also hold the intermediate license for 6 months. Additionally, according to the intermediate licensing rules, a teen can drive unsupervised only between the hours of 6 a.m. and 10 p.m.

To obtain a learner license, teens must provide the following documentation to the Mississippi Department of Motor Vehicles:

•    Social security card
•    Proof of identity
•    Certified copy of birth certificate
•    Proof of residence
•    Proof of school enrollment
•    Signature of parent or legal guardian on the application
•    $4 Learner’s Permit fee

In addition, a teenager must pass a written exam and vision test. The same documentation is required to obtain an intermediate license as well as a $6 fee.

To obtain an unrestricted driver’s license, a teenager must be 16 years of age and have held an intermediate license for a minimum of 6 months with a clean record. In addition to the documentation above, the teenager must provide proof of graduation or enrollment in a public, private, or home school or a GED. For a teenager 17 or older, the teen must have been issued a permit, but the intermediate license is not required.

According to the Insurance Institute for Highway Safety, evaluations of GDL programs have been strongly positive, with auto accident reductions generally in the 20-40 percent range.  Studies have also shown that graduated driver licensing programs reduced overall car accident fatalities among 15-17 year olds by 5.6 percent or 131 teen deaths per year. However, more rigorous graduated driver licensing programs or “good” programs were more effective in reducing fatalities by 19.2 percent.  Mississippi’s GDL program has been described as “fair” in that it has been shown to reduce overall teen traffic fatalities by 5.8 percent per year. However, the Insurance Institute for Highway Safety states that more studies are needed of the effects of driving permit policies in general, in particular the amount of delay that is generated as well as the overall effects.

At Barrett Law, PLLC, our Mississippi accident lawyers have been representing residents in Lexington and throughout Mississippi in serious motor vehicle accidents for over 75 years.  We offer a free initial case evaluation so that we can assess your case and advise you of your rights so contact us today at (662) 834-2376.

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Importance of Excluding Evidence in Mississippi Personal Injury Lawsuits

Many things can happen during the course of a personal injury trial in Mississippi.  If you are injured in a Mississippi car accident, such as an SUV rollover accident, and file a personal injury lawsuit, then you may hear a legal term used called a “motion in limine.” A motion in limine is a motion that can be brought by either side in the case to keep evidence from being presented to the jury. If the judge agrees that certain evidence be excluded from the jury, then that kind of evidence cannot be talked about in front of the jury or even read by the jury for that matter. The case of Ash v. Ford Motor Co., (N.D. Miss., May 30, 2009) 2009 U.S. Dist. LEXIS 102327 is an example of a situation where the exclusion of damaging evidence can significantly affect an SUV roll-over case.

In this case, the injury victim asked the court to exclude the defendant’s expert witness testimony regarding rollover accident statistics, which compromised the SUV rollover victim’s case.  The court of appeals ruled that the defense attorney or his expert witness could not use statistics because this type of evidence could mislead or confuse the jury as offered by the defendant.

Another defense trick in the Ash case was to use an expert witness who relied upon an undisclosed investigator’s evidence, including photographs.  The problem for the defense was that they did not identify the identity or background of the investigator so the court for the most part agreed that such evidence should not be relied upon by a defense expert because the injury victim’s attorneys were not given the opportunity to cross-examine the undisclosed investigator.

The trial of a personal injury case, like an SUV rollover accident lawsuit, can be extremely complicated including the application of sophisticated court procedures and complex evidentiary rules.  An experienced Mississippi SUV rollover accident attorney understands the importance of particular evidence and when it is important to seek exclusion of such evidence because it will give the attorneys for the insurance company an unfair advantage.

The two basic principles of excluding evidence in a Mississippi personal injury trial illustrated in the Ash case are that evidence cannot confuse or mislead the jury and that you cannot use an undisclosed “mystery” witness at trial. This also would violate the Constitutional right to cross-examine the witness, which is why the Ash case ruling makes sense from a legal standpoint.

Our Mississippi SUV rollover accident attorneys at the Barrett Law, PLLC will help demystify the legal process and seek the compensation that you need to rebuild your life. If you have been involved in a serious SUV rollover accident, you should contact the Mississippi SUV rollover accident attorneys at Barrett Law, PLLC so that we can evaluate your case and advise you of your rights and options.  Our firm has been helping motor vehicle accident victims in Mississippi for over 75 years so call us today at (662) 834-2376.  No Recovery No Fee!

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