Many Mississippi Car Accidents Are Caused by Violation of Mississippi Rules of the Road

Careless or inconsiderate drivers that violate the Mississippi Rules of the Road cause the lion share of serious car accidents in Mississippi.  These traffic safety laws are designed for the orderly coordination and interaction of motor vehicles, which is designed to prevent serious car accidents in Mississippi.  When a driver runs a red light, fails to obey the speed limit or tailgates another vehicle, the result can be serious injuries resulting in life-altering injuries like spinal cord damage, traumatic brain injuries and other serious injuries that cause permanent disability from employment and daily life experiences.

The issue of proving fault in a Mississippi car accident can be complex because insurance carriers often will try to shift fault to the accident victim to avoid paying a claim or to minimize the amount paid on an insurance claim in a motor vehicle accident.  One key theory in proving liability is the theory of negligence per se.  This theory of liability permits imposition of liability when someone violates a public safety law resulting in injury to those who the law was designed to protect.  The Mississippi Rules of the Road are public safety statutes designed to protect motorists, bicyclists and pedestrians.

If you are involved in a Mississippi car accident, there is a wide array of violations of Mississippi Rules of the Road that may constitute negligence per se including:

  • Obeying traffic signals
  • Vehicles failing to maintain their lane
  • Failure to abide by right of way rules
  • Speeding
  • Illegal left turns
  • Failure to comply with a stop sign

The value of the negligence per se theory of liability is that it removes the obligation to prove negligence other than to show the violation of a public safety statute caused injury to another.  If you or a family member is injured in a car accident involving the violation of the rules of the road, our experienced Mississippi car accident lawyers may be able to employ the doctrine of negligence per se.  The experienced Mississippi auto accident lawyers at Barrett Law are committed to providing tenacious legal representation for our clients.  The attorneys of Barrett Law 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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How Important Is a Vehicle Door Latch During a Collision?

While any serious motor vehicle accident poses a risk of causing severe injuries, this danger is magnified when a vehicle occupant is ejected from the vehicle. There is a much higher probability of suffering catastrophic injuries if someone is ejected from a car, truck or SUV.  Car industry safety data indicates that there is a 300 percent increase in the probability of a car accident fatality if a vehicle occupant is ejected.  Some vehicle ejections are the product of faulty car door latches.  Manufacturers of motor vehicles consider vehicle doors to be an essential part of the overall structural strength of the motor vehicle. It is reasonable to assume that car doors would be designed and manufactured to ensure that they are capable of withstanding the pressure and impact of a typical car accident. Unfortunately, many car door latching mechanisms are not designed to withstand the impact of a typical car crash.

While many vehicles come with automatic door locks, there are a wide range of vehicles in which this is not a standard feature. This means that vehicle occupants must manually engage the door lock mechanism. While it is a widely acknowledged  that if the door lock mechanism is not engaged the door may swing open in a collision, many vehicle manufacturers do not provide adequate notice to vehicle consumers.  If you or a loved one is injured in a car accident or a loved one dies because a defective door latch fails during a collision, you may have the basis for a product liability claim against the vehicle manufacturer.  Even if the accident was caused by the negligence of another driver, this does not relieve the vehicle manufacturer of liability for a defectively designed or manufactured door latch.

Although there are industry standards that require door latch mechanisms to be designed to withstand certain levels of impact, there is no existing testing protocol to determine that door latches actually comply with these standards.  Because there is no established testing procedure for determining whether vehicle door latch mechanisms meet industry standards, vehicles are often manufactured with defective door latches that will not withstand the impact that they are supposed to be able to absorb safely.

One component of door latch mechanisms that may be defective is the remote rod. This component is what connects the door handle to the door latch.  If the remote rod bends under the force of impact during a collision, this may cause the door to fly open during a crash.  Sometimes vehicles are designed with less safe remote rods. For example, tension type rods are less reliable than compression type linkage rods, but vehicle manufacturers do not always opt for the safer alternative.  The way a vehicle is designed in the strength of the door may also impact whether or not the remote rod is compromised during a collision.  If a car door has more than one retention point, this also makes the risk of a car door flying open during a collision less likely.

Although a vehicle with a defective door latch can turn a minor collision into a catastrophic accident, vehicle manufacturers do not necessarily rush to recall vehicles because of defective door latches because of the cost associated with a widespread recall. There have been a number of incidents in the past where recalls of vehicles were delayed despite the company having information suggesting that the vehicle door latches did not meet minimum safety requirements under federal law.

The Mississippi car accident lawyers of Barrett Law represent those injured in car crashes throughout the state, including those caused by defective motor vehicles.  If you have been injured in a Mississippi car accident caused by a defective vehicle or faulty vehicle component, the experienced Mississippi car accident attorneys at Barrett Law diligently represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

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Tailgating Is an Extremely Dangerous Driving Practice

While failing to allow a proper following distance is one of the more dangerous violations of traffic safety laws, it remains a common practice that results in a substantial number of serious accidents resulting in severe injury, including traumatic brain injuries, spinal cord injuries, broken bones and fatalities.  While most motorist are familiar with the three second rule which involves allowing a buffer of at least three seconds between your car and the vehicle in front of you, this is a general rule of thumb that does not apply in all situations.  If you are traveling at a high rate of speed or driving in adverse weather or traffic conditions, most vehicle safety experts would advise an even wider following distance be maintained. The practice of following too closely or tailgating is a common feature of aggressive driving but also may simply be the result of an impatient driver.

While there are a wide range of violations of the Mississippi rules of the road that may constitute serious accident risks, the practice of tailgating poses a particularly unsafe driving practice because of the challenges associated with enforcing compliance.  Because estimating appropriate following distance is a highly subjective process, it is difficult for law enforcement authorities to stop and cite drivers for following too closely. This means that most times a citation for tailgating is issued when a crash between vehicles occurs that is caused by failing to follow at a safe distance.

If you are struck from behind by another vehicle when you are stopped and the other car is moving at freeway speed, you can suffer severe life-altering injuries or even the loss of someone you love. Tailgating is a two-pronged traffic safety hazard because it both increases the likelihood of an accident and also increases the potential severity of injuries. The reason that following too closely increases the likelihood of an accident is that a driver has less time to either brake or use evasive steering maneuvers to prevent a collision.  The probability of suffering more serious injuries is linked to the fact that drivers may have no opportunity to respond to minimize the impact or may be forced to overcompensate because of the limited time to respond causing them to lose control and rollover or run off the road.

If you are confronted by a tailgating driver, it is never a good idea to antagonize the driver.  An agitated or aggressive driver that refuses to allow a safe following distance can quickly become a perpetrator of road rage when antagonized.  The best approach is to simply let the other driver pass you to avoid a dangerous confrontation.  If a tailgating driver slams into another car, truck or SUV from behind, the tailgating driver usually will be liable because drivers are supposed to allow enough following distance so that they can respond if the flow of traffic abruptly stops.

If you are struck from behind by a driver that is following too close and suffer even minor symptoms, you should seek immediate medical treatment.  Many injuries that occur in a rear-end collision, such as whiplash, are not immediately apparent.  Even when someone does not notice serious symptoms associated with whiplash following a rear-ender, whiplash can cause disabling pain and limitations on mobility for months.  It is also important to make sure that an accident report is prepared by police.  The officer will be able to note in the police report that it was a rear-end collision and will typically conclude that the other driver was the at-fault driver.  The officer may even issue a citation against the other driver for following too close.

The experienced Mississippi rear-end accident attorneys at Barrett Law, PLLC have successfully represented many injury victims involved in collisions with tailgaters.  We are committed to the principle that the practice of law is a service industry so we provide legal representation based on integrity, compassion and diligence.  If you or a loved one suffers serious injury or a loved one dies in a tragic Mississippi car accident, we invite you to contact us so that we can evaluate your claim at 662-834-2376.

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How GPS Services Could be Used in an Accident Reconstruction

GPS devices are becoming more and more common, and you will find them in a large percentage of the vehicles on the road. While GPS devices are a great way to avoid getting lost in an unfamiliar city, not to mention a great alternative to trying to read a bulky map with letters so tiny only your fifth grader has eyes good enough to see it. GPS receivers have more recently begun to be used in providing essential data during an accident reconstruction.

If a GPS is being used at the time of an accident, then analysts can quickly find out the vehicle’s speed and position before, during and even after the crash. Such technology is possible because of the two dozen fully networked satellites which orbit the earth 12,000 miles up—thanks to the United States Department of Defense. In addition to a GPS receiver, many newer vehicles also have an event data recorder which will provide specific data from its rollover sensors and airbags.

How is This Information Useful?

It may seem that the information which could be extracted from your GPS following a crash would be meaningless, but, in fact, the opposite is true. Suppose you are driving along safely at the posted speed, when from out of nowhere a car slams into you because of a distracted or negligent driver. You think the resulting insurance claim will be a piece of cake—after all, you did nothing wrong. Next thing you know you are shocked to hear that the other driver is claiming you were the one at fault. Assuming there were no eyewitnesses, how will you prove that you were not the negligent party? This is where your GPS could turn out to be invaluable in proving your speed at the time of the crash, the exact time the accident happened, and your exact location and direction you were traveling when the accident occurred. The other driver may be claiming you were exceeding the speed limit, or turned unexpectedly, leaving it up to your GPS to prove otherwise and back up your statements.

Keeping a Log of Events

Even if you have a GPS of your own, don’t assume that will exonerate you from claims of negligence. Just as in any accident, you should definitely call the police so you will have a written police report of the events, tend to your injuries or those of your passengers and call your insurance company as soon as possible. After taking care of those crucial tasks, if you are able, take photos with your cell phone or a camera of the scene of the accident, the damage to your car, and the damage to the other car. Make sure to include landmarks around the accident scene for reference points. If there were witnesses to the accident, take the time to get their names, addresses and phone numbers. Once witnesses have left the scene without you recording their information, it is unlikely you will ever be able to find them should you need their statement later on. If you were injured in the accident, make sure you document every single medical issue you’ve had as a result of the accident, even if it is only a headache from a bump on the head. You never know what will turn out to be critical evidence in a claim, so assume it is all critical.

Getting Legal Help

If you’ve been involved in an accident with injuries or significant damages, it can be extremely important that you get an experienced attorney on board as soon as possible. You are entitled to compensation for your injuries, medical expenses, time away from work and pain and suffering, and your GPS may be the one piece of evidence which ensures you get that compensation. Let your attorney know that your GPS was operating at the time of the accident, then let him take care of your case while you take care of yourself and your future.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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How Medical Issues Following an Auto Accident Can Change Your Life

Statistically speaking, if you or a loved one has been involved in a car accident, there’s a good chance there were injuries sustained, whether minor or severe. At least one out of every three motor vehicle accident causes a relatively serious injury, meaning that out of the over six million car accidents in the United States each year, two million will result in over three million men, women and children sustaining injuries.

While some of these injuries will be minor cuts, scrapes and bruises, many more will render injuries which will be life changing, and sometimes life-ending. Many soft-tissue injuries are virtually undetectable at the time of the accident, however may manifest themselves days or weeks down the line. For this reason, if you are ever involved in an accident, it’s important to be thoroughly checked out at the hospital, even if you believe you are completely all right.

How “Hidden” Injuries Can Come Back to Haunt You

Following a car accident, some injuries will be readily apparent. If you are bleeding, scraped or obviously bruised, or if it is clear you have a broken bone, then whether you will likely be whisked off to the hospital to have your injuries taken care of. However, many other types of injuries are not so visible and clear-cut.  Parts of your body were likely put under stress or strain from the impact of the collision between vehicles, or your vehicle and an immovable object.

This type of injury typically takes longer to manifest than blunt trauma injuries. It could be weeks, or even months after the accident when you begin to have headaches, neck or back pain, dizziness, or may even begin to have trouble remembering thing due to head trauma. Additionally, these types of injuries are harder to diagnose with traditional diagnostic equipment such as x-rays, MRIs and CAT scans. Although your pain is very real, these machines often fail to register soft tissue damage, leaving you frustrated and hurting.

Whiplash and Concussion

The two most common forms of injury which are severe enough to change your life, yet may be elusive enough that your doctor is unable to offer a definitive diagnosis are whiplash and concussion. Whiplash in particular is often taken lightly or even dismissed, however it is a serious injury which requires appropriate treatment for a full recovery. When the neck is suddenly distorted due to the impact of a car into your own, you can end up with mild to severe chronic headaches, shooting pains in your back and neck, minimization of your range of motion, swelling and muscle spasms, to name a few. Treatment for whiplash can range from self-care to professional medical treatments including rehabilitation exercises, chiropractic treatments and even surgery in severe cases.

Concussions are essentially a physical injury to the brain which disrupts the normal brain functions. In the early stages of a concussion, there may only be headache, dizziness or minor confusion. In later stages, the effects of a concussion can be much more significant, and can include a complete inability to concentrate on the task at hand, growing fatigued quickly and chronic irritability, anxiety and depression. In short, a more serious concussion can bring long-term effects, and can completely change not only your life, but the lives of those who love you as well.

After the Accident

If you’ve been involved in a car accident, it is necessary for you to commit to the medical rehabilitation as designed by your doctor. Many times people fail to take their injuries from a car accident seriously enough until the symptoms have grown to an unmanageable level. If you were injured as the direct result of another’s negligence, a personal injury attorney can help you determine whether or not you have a valid claim, and can help you navigate both your medical treatments as well as your insurance claim.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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How Red Light Cameras May Actually Cause Auto Accidents in Mississippi

The very first red light camera ticketing device was used in New York City in 1993. Since that time, some 24 states have implemented red light cameras while another 15 have banned them altogether. You may wonder why there is such a divided opinion on the use of these automated ticketing systems. Research and studies don’t seem to provide a definitive answer as to whether these systems cause accidents or prevent them as you will read both opinions almost equally. If you’ve been the victim of an accident you believe to have been caused by a red light camera, it’s important to have an experienced attorney who is well aware of the diverse opinions regarding red light camera accidents.

Red Light Cameras May Reduce Some Accidents

When referring to broadside car crashes, red light cameras may actually reduce these types of accidents. Broadside car crashes are caused when a car illegally enters crossing traffic, crashing squarely into the side of another car. Slightly more studies than not have shown this particular type of accident is a bit reduced through the use of red light cameras. The Washington Post, however, conducted a study of traffic accidents at intersections policed by red light cameras and found T-bone collisions actually rose 30 percent. The underlying theory is that motorists are less likely to run a yellow or flat-out red light if they are aware of the red light camera at the intersection, however this theory does not always hold true.

Red Light Cameras May Cause Accidents

Even though red-light cameras are occasionally credited with reducing broadside car accidents, they are almost universally given credit for increasing the incidence of rear-end accidents. This occurs when a person is headed through an intersection when the light is green, or has barely turned yellow. They realize there is a red light camera up on the pole and slam on their brakes in an attempt to avoid a ticket in the mail a week down the road. Unfortunately, the person behind them was not privy to that thought process, so plows right into the car whose driver made the sudden—and ill-advised—decision to stop instead of continuing safely through the intersection. In almost every study done, rear-end accidents increased significantly at intersections where red-light camera ticketing systems were being used.

Weighing the Evidence

Because a broadside crash will generally cause more severe injuries than a rear end accident—though not always—proponents of red light cameras believe there are less serious injuries when red light cameras are in place. However, the Washington Post investigation once more found to the contrary, stating that both injury and fatal crashes increases as much as 80% in intersections where red light cameras were used.

What is Spillover Effect?

When drivers change their behavior around other intersections in the area whether or not they are equipped with red light cameras, this is known as spillover effect, meaning that if the red light cameras change behavior—whether negatively or positively—then the behavior is also changed at non-camera intersections. The assumption is that if a red light camera at one intersection brings positive changes to driver’s behavior, then this positive behavior will spill over to all intersections in the area. The same would be true if you believe red light cameras result in negative driver behavior and more accidents.

The truth is, whether red light cameras increase auto accidents or decrease them, as long as they are bringing in the huge amounts of revenue they currently are, they will remain in full force. Municipalities find red-light cameras an easy way to increase city revenues without the need of a human body patrolling the area constantly on the off chance they will catch someone sailing through a red light. If you believe a red-light camera was directly responsible for your accident with injuries, a Mississippi personal injury attorney will be able to advise you as to whether it is likely you could receive a settlement through filing a claim.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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Do Seat Belts Really Save Lives in Mississippi?

If you’ve ever been stopped by a police officer for not having your safety belt on—or wearing it improperly by having the shoulder strap under your arm—you probably felt annoyed that the government dictates seat belt usage. Annoying or not, the truth is that the National Highway Traffic Safety Administration states that more than 15,000 lives are saved each and every years in the United States because the driver and passengers were buckled up. Now, consider if one of those 15,000 lives was someone you love—your spouse, your parent, your sibling or your child.

How Seat Belts Protect Lives

Safety belts keep the drivers and passengers inside the vehicle in the event of a crash. Even though there was an urban myth which floated around for a while which held you are much better off to be thrown from the car in the event of a car accident, this simply isn’t true. In fact, those who are ejected from the vehicle are as much as four times more liable to be killed than those who remain inside, restrained by a safety belt. The seat belt controls the strongest parts of your body—in an older child or adult, these are the hips and shoulders. A properly worn lap and shoulder belt also spreads the intensity of the crash across the widest area of your body.

When less stress is put on any one section of your body, serious injury can be averted. The shoulder strap portion of your seat belt also restricts your neck, head and shoulders from striking the dash, steering wheel or other hard parts of your car’s interiors. Bodies are injured in crashes because of the quick alteration in speed, therefore the seat belt protect you by slowing your body down and preventing it from making a sudden change in speed. Finally, a safety belt is specifically designed to protect the two most critical parts of your body—your brain and your spinal cord. Traumatic brain injuries and spinal cord injuries can have lifelong, serious consequences, and wearing your seatbelt goes a long way in preventing such a serious injury.

Make Sure You Buckle Up Correctly

Having your seat belt fit you correctly is almost as important as wearing it. The strap across the lap should fit snugly over your hips and upper thighs—not up on your stomach. The shoulder belt should be positioned across your chest area. The shoulder strap should never go across your chin or neck, and remember that placing the strap under your arms or behind your back and lead to serious injuries in the event of a crash. Children need specialized protection in the form of car seats and booster seats. Check the guidelines from the American Academy of Pediatrics to ensure you are providing the best option for your child’s age, height and weight. It is recommended that all children ride in the back seat of the vehicle, properly restrained in a car seat or seat belt, until the age of 13.

Click It—or Risk a Ticket

Every state in the United States, with the exception of New Hampshire, have seat belt laws, and in over two-thirds of these dictate that a police officer can stop a vehicle only because of a seat belt violation. In the other states the officer must have another reason to stop the car before citing the driver or passengers for failure to buckle up. You can be fined anywhere from $30 to $150 for failing to wear your seat belt, depending on your state. It is estimated that over 83% of all drivers and passengers wear their safety belts on a regular basis whether due to safety issues or fear of a citation. If you have a medical issue which prohibits you from wearing a safety belt, you will need to have a doctor’s note stating this which you carry in your car at all times. If you feel you’ve been unfairly given a seat belt ticket, contact an attorney who can help you decide whether to challenge the ticket or simply pay it and wear your seat belt from now on.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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Mississippi Auto Accidents and Loss of Future Earnings

Although some victims of auto accidents are thankfully able to get back to work fairly quickly, others are not so fortunate. Many victims of auto accidents sustain a level of injuries which makes it impossible for them to get back to work in a timely fashion, or, in extreme cases, at all. The inability to continue to work in a normal manner, especially in our present shaky economy, can have devastating and long-term financial effects on a family which they may be unable to recuperate from. If you’ve been involved in an auto accident and are unable to return to work, you may be watching your medical bills mount in an alarming manner, and wondering how you will continue to pay your normal living expenses while you are unable to work.

Recovering Lost Wages

The first step in recovering lost wages will be to fully document your pay before your accident. If you are a student pursuing a degree prior to your accident, then this is perhaps the only exception, in that you may be eligible to recover lost wages because of what you would have earned once you completed your degree. Any wages you earned prior to your accident not only must be documented, they must be able to be categorized as taxable income. The injuries you sustained in the accident must have significantly lessened your capacity to continue in your regular position, and a medical professional must certify that you now have specific disabilities or restrictions which hinder your ability to work in your prior profession.

How Will My Lost Earning Capacity Be Calculated?

Loss of future earnings, as opposed to simple lost wages is not calculated in the same manner. Loss of future earnings is calculated on your ability to earn money rather than your actual earnings before or after the injury. The court takes into consideration your actual earning capacity prior to your injury, then compares it to your now reduced earning capacity due to your injuries. The lost earning capacity is calculated by the difference in potential earning and actual earnings.

Because loss of future earnings is dependent upon your wage-earning capacity in the future, even if you happened to be unemployed at the time of your accident will not hinder a possible award of loss of future earnings. Assuming a person in their twenties has just begun their teaching career and the accident and resulting injuries prevent them from continuing that career. The courts will determine the natural progression of the individual’s teaching career, adding in expected yearly raises, cost of living raises, etc., when determining the loss of future earnings. If the person was also continuing their education with an eventual goal of becoming an administrator, then that will also be taken into consideration in the monetary calculations.

Returning to Work—with Diminished Future Job Prospects

Even if you are physically able to return to work, the accident and resulting injuries may still have diminished your future job prospects. Assuming you worked as a police officer, however your injuries dictate that you have been transferred from a police officer who works in the field to a desk job. Although you may still be receiving the exact same salary you were before the accident, your injuries may have conceivably prevented you from working your way up to detective—or even further, therefore you may qualify for loss of future earnings.

Consult a Mississippi Auto Accident Attorney for Loss of Earnings Questions

If you have questions regarding your right to compensation for loss of earnings, it’s imperative that you contact a Mississippi auto accident attorney from our law firm.   Having an attorney looking out for your rights is essential.  Call us today.

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Calculating the Cost of Injuries Following an Auto Accident in Mississippi

If you’ve recently been injured in an automobile accident which caused a significant amount of damage to your vehicle and yourself, you may wonder how an insurance company would value your claim were you to file one. Insurance carriers typically will investigate the types and amounts of damages suffered, then figure a percentage of fault. A Mississippi personal injury attorney will better be able to help you determine the amount your injuries and damages are worth, and figure the potential success of your lawsuit.

What are the Types of Damages You May Recover?

Medical expenses are generally the primary expenses you will be subject to following your auto accident. Depending on the severity of your injuries, you could have any or all of the following expenses: emergency room treatment expenses, bills for doctor visits, hospital expenses, chiropractic care bills, physical therapy fees, medical device fees for crutches or braces, and prescription medicine costs.

Any of these costs which were incurred as a direct result of your accident can be considered recoverable, however if you have a medical exam done specifically for the purpose of your lawsuit, you will generally not be reimbursed for it. Medical expenses are often used as a baseline for determining how reasonable your claim truly is. If your injuries are to the extent that you will be required to continue medical treatments in the future, then these medical expenses will also be a factor in your overall settlement.

Lost Wages of Loss of Earning Capacity

Any money you would have earned between the time of your accident and the final settlement is considered recoverable. Even if you were not employed at the time of the accident, you may still be able to collect on lost wages if you can prove you would have employed. If your ability to earn money in the future has been impaired as a direct result of the accident, then you may also be able to collect for loss of future earnings. To determine this particular figure, your past earnings will be used in the calculations, and the jury will focus on what might have been earned if the accident had not occurred.

Pain and Suffering or Emotional Distress

Many auto accidents leave their victims with chronic pain which never goes away, no matter how much pain medication they take or how much time they spend in rehabilitative therapy. It is expected that this pain will be compensated for, since the overall quality of life has been significantly affected. The injuries from your auto accident could have resulted in daily, chronic pain which may not be expected to go away any time soon. The jury in your case will look at the severity of your pain as well as how long you are likely to be in pain when they determine the specific amount to be awarded.

Emotional distress, also known as mental anguish, encompasses any type of mental or emotional distress which a person suffers as the direct result of their auto accident and subsequent injuries. The person suffering from emotional distress may experience anxiety, nervousness, apprehension, humiliation, grief, shock or even severe embarrassment. If a person has been obviously disfigured, then they may find it embarrassing or humiliating to continue their normal life, therefore pain and suffering expenses could be awarded.

Other Factors

Your attorney may also counsel you to ask for loss of consortium if any of the components of your married life, including affection, comfort, help or sexual relations, were altered or taken away. Property damages can be recovered for the value of any property of yours which was damaged during the auto accident. Juries typically look at how much money you have either spent or lost when they are determining specific amounts for settlement. The medical damages are considered medical special damages, while pain, suffering, emotional damage or other non-monetary losses are considered general damages. Who is at fault will also come into play when determining a settlement; the best way to find out how much you can reasonably expect to recover is to speak with an experienced personal injury attorney.

Call our law firm to discuss you case today!

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Driving Tips to Help You Survive an Auto Accident in Mississippi

While the vast majority of auto accidents are unavoidable, a skilled driver can minimize the chances of serious injury to all those in the car by being aware of a few simple driving tips. In many cases, the difference between a horrifying wreck and a crash which is survivable could be the brake pedal you neglected to hit or the clearing you failed to look for. While defensive driving can involve making decisions which feel counterintuitive, keep in mind that an accident occurs in a fraction of a second, and learning how to anticipate other driver’s actions can help you survive the accident.

Remember What your Parents Told You—Steer to the Right

Metal, fiberglass and glass can be repaired, but sometimes bodies cannot. If there is a potential accident looming ahead of you such as a multi-car pile-up or a car driving the wrong way, your natural reaction should be to steer to the right. Yes, there may be a guard rail, a fence or a tree in your way, but keep in mind that none of those objects will be traveling at high rates of speed. If you turn to the left you may find yourself in a deadly head-on collision should you cross the median, and if you keep your car going straight, you will end up hitting the car in front of you, and the car in back will likely hit you, and so on. Most roadways have some clearance on the right hand side of the road, and this space is intended for driving emergencies, so use it in any way which will avoid a worse accident.

Accelerate, Don’t Brake

It is most people’s instinct to brake in response to a driving threat, but in some cases you could lessen your chance of serious injury by accelerating instead. When you brake at a high rate of speed, you have effectively limited your maneuverability and will probably still plow into the car ahead of you. Instead of braking, try to anticipate the other driver’s actions and look for an opportunity to accelerate out of the accident, possibly on the right hand side, if it’s clear. Although you are not trained to drive like a NASCAR driver, you may need to think like one in the face of an auto accident.

If a Crash is Unavoidable, Minimize the Damage

Your primary goal should be to avoid head-on collisions with another vehicle or a front-end collision at a high rate of speed into a large immovable object such as a concrete barrier. Do as much as you possibly can to control your speed in the event of an impending accident. Obviously, the faster you are driving, the more damage you will sustain. Your car is weaker, structurally speaking, on the sides, so avoid a side impact if at all possible. If you see another car headed toward you, accelerating might allow the car to hit the rear side of your car rather than dead center.

Don’t bend over or cover your head in response to an impending accident—the damage your neck will sustain when the air bag hits your head will be much worse than if you had remained upright. Never drive or ride in a car which is not outfitted with safety belts and other safety features, and make sure those safety features are regularly serviced. Store objects within your car where they will not fly up and hit you in the event of a car crash. Even small objects can become lethal flying projectiles during a collision. Above all, remain focused and calm and you vastly improve your chances of coming through an accident alive. If you’ve been the victim of an automobile accident, contact a Mississippi personal injury attorney from our law firm immediately to give us all the particulars of the accident so we can best represent your interests.

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