Despite Improvements in Crashworthiness T-Bone Accident Still Serious Danger

The advent of side-impact crash tests began back in 1997 by the National Highway Traffic Safety Administration (NHTSA).  These tests involved only cars but grew to include pickup trucks, SUVs and vans. The test slams a barrier into the driver’s side of a vehicle at 38.5 miles an hour with a dummy in the driver’s seat of the car and another one placed in the rear passenger seat. The dummies are wearing their seat belts when the test is conducted.  The dummies are measured by instruments to see what, if any, injuries they sustained and then the car is given a crashworthiness rating in stars. The star rating goes from one to five stars, and the higher the star rating the safer the car.

While these tests provided valuable information about vehicle safety, the rising number of larger vehicles like SUVs and trucks led the Insurance Institute for Highway Safety to develop a new side-impact crash tests in 2003. These tests were thought to better predict a car’s safety when it hit by a larger vehicle such as an SUV. In some of the first crash safety tests conducted under this updated system, two out of twelve small SUVs were rated good and only two out of ten midsize sedans were rated good.

These tests were a little bit different than the old test in other ways also.  The barrier that struck the car was a foot taller (mimicking the height of an SUV), the barrier only struck at 31 mph rather than 38.5 mph, and the dummy was smaller (mimicking the size of a small women or teenager).  The dummy was smaller in order to test for the effectiveness of side airbags.

Changes Have Come

Side airbags are now all but standard on many of the new passenger vehicles on the market.  A substantial amount of these improvements are due to the testing that IIHS conducted starting back in 2003.  Impacts from side collisions can be especially devastating because there is no crumple zone like on the front and rear of a vehicle. The makers of automobiles also have done a lot over the years to actually strengthen the sidewalls of vehicles as well as installing side air bags.

The overall conclusion after analyzing crash data of the tests over a period of decades is that airbags and a vehicle’s structure work together to help minimize injuries in side-impact crashes. Without side airbags in a car, the chances of serious injury or death are greatly increased.  This is significant because 28.9% of all auto accidents in the U.S. and 20.9% of all fatalities are due to side-impact or T-bone accidents according to the NHTSA.  These accidents often occur at intersections where other drivers fail to yield or stop. The injuries that a person can sustain in side-impact accidents can be severe including spinal cord injuries, head injuries, brain damage, soft tissue injuries and broken bones.  If you have been injured in a side-impact (T-bone) crash in Mississippi, then you need the services of a good Mississippi personal injury attorney.  The experienced Mississippi accident lawyers at the Barrett Law Office have been representing T-Bone accident victims since 1933.  Our experienced Mississippi car accident lawyers offer a free initial case evaluation so call us today at (662) 834-2376.

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Can Social Media Sites Compromise My Mississippi Auto Accident Lawsuit?

An increasing number of people share every aspect of their lives on social networks like Facebook, Twitter, MySpace and others.  This tendency to publicize the minutia of a person’s life on social network sites can have a dark side.  If you are involved in a serious car accident, tractor-trailer accident, SUV rollover accident or other serious motor vehicle collision, the insurance company for the other driver will almost certainly seek discovery of your social network sites for evidence that will help their insured avoid liability or reduce your damages.  Insurance companies are increasingly mining pictures and comments on social network sites as a valuable source of evidence in auto accident lawsuits in Mississippi as well as other states.

There are many ways that social network content can compromise a personal injury lawsuit.  Courts in several states have ordered injury victims in car accident lawsuits to produce access to their social network information on an increasing basis.  Anyone who is involved in a Mississippi personal injury lawsuit should presume that any information on any of their social network sites would be available to the insurance company of the other driver for purposes of defending the lawsuit.

The insurance company may use information on a social network site to prove any of the following:

  • Contributory Negligence: The insurance company may use damaging disclosures on your social media page to shift the blame for your car accident or injuries to you and reduce your recovery or in certain cases avoid liability entirely.  It is important not to discuss the details of your accident with anyone but your Mississippi auto accident attorney.  Disclosures of this kind may include posts that indicate you were not wearing a seat belt, were using your cell phone at the time of the accident or were exceeding the speed limit.
  • Pre-Existing Condition: An insurance company may look for disclosures that suggest your injuries are linked to other prior incidents or medical conditions.  If the insurance company can establish that your injuries were caused by a prior accident, this may result in a substantial reduction in damages.  An example of this situation might include posts on a social media page about suffering back pain from a prior incident.
  • Negative Image: The insurance company may look for evidence to make you appear unethical, immoral or otherwise unsympathetic to a jury.  Publication of information about excessive drinking, drinking and driving, drug use or other types of information or pictures posted on your social website may be used to create a negative impression of you so that the jury is less inclined to award a substantial verdict.
  • Contradicting Liability: It is always inadvisable to discuss the details of your Mississippi car accident on your social media site.  Most people do not realize what types of details can damage a personal injury lawsuit.  The insurance company may comb the details you provide on your social media site to develop factual evidence designed to disprove liability of their insured.

The best option is to pull your social media sites down entirely if you are involved in a Mississippi car accident lawsuit.  If you are unwilling to go this far, you should at least avoid discussing any aspect of the car crash on your social network site.  A Mississippi car accident victim should also be very careful about who you friend or engage in chats with on your social media site.  An auto accident victim in Mississippi should always presume that all of the information and pictures posted on one’s social media site might be discoverable in a Mississippi personal injury lawsuit.  At the Barrett Law Offices PLLC, our experienced Mississippi car accident lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Mississippi Potholes More Than a Minor Nuisance

Many in Mississippi do not realize the serious danger that can be posed by potholes, particularly to those on motorcycles and bicycles or pedestrians.  Potholes can be as a big as a foot wide and several feet deep.  Even if you slow down to go over one, a pothole can cause a motorcycle or bicycle to tip over or a pedestrian to trip and fall.  The danger is amplified if you do not see a pothole.  The impact with a pothole on the tire of a car, truck or SUV can cause a tire blowout resulting in loss of control of the vehicle or even a rollover accident.

Potholes are typically caused by several factors such as constant driving over a tear in the asphalt or weather elements such as sleet and hail.  Rainwater is one of the biggest factors in creating potholes and causing them to expand in size.  Public entities like municipalities are typically responsible for repairing holes and cracks in streets promptly to prevent them from becoming potholes.  Because some cities do not repair the potholes littering their streets, pothole accidents are on the rise.

Potholes can have a substantial impact on a vehicle causing a tire blowout and/or loss of control of the vehicle.  Studies have shown that going over a pothole unexpectantly is like having a car hit you at over 30 mph.  This impact can result in a motorcycle or bicycle falling over resulting in catastrophic injuries or the driver of a car or SUV losing control of the vehicle.  The results of a pothole accident can be catastrophic injuries or even death.

Motorcycle accidents and bicycle accidents caused by potholes are extremely dangerous.  Because these vehicles have only two wheels, they are ill-equipped to handle going over a pothole at a high speed.  It is also important to realize that buses, trucks, minivans, and SUVs are at risk as well.  Even a larger vehicle can have its suspension, steering or tires damaged resulting in the loss of control of the vehicle and serious pothole accident related injuries.

Anyone who is aware of potholes should take pictures of the potholes in their neighborhood and surrounding areas.  It is important to make the city aware of such potholes so that they can be repaired which may prevent pothole accidents that can cause serious injuries or wrongful death.  If you have informed the city of potholes in your neighborhood, you should keep detailed records of any correspondence with city officials.  If you or someone you love is involved in a motor vehicle accident caused by a pothole, the photos and records of correspondence provide important evidence of the public entity’s knowledge of the hazardous pothole.

To reduce your chances of being a victim in a pothole accident, you should slow down and drive carefully over any potholes.  If you or someone you love suffers serious injury or wrongful death in a pothole accident, you should promptly contact a Mississippi personal injury attorney specializing in motor vehicle accidents.  At the Barrett Law Offices PLLC, we have roots that extend back over 75 years representing injury victims in Lexington and throughout Mississippi.  We offer a free initial case evaluation so that we can provide candid legal advice so call us today at (662) 834-2376.  NO RECOVERY NO FEE!

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Addressing Loss of Future Earnings Following an Auto Accident in Mississippi

Perhaps you were one of the luckier drivers who were able to return to work shortly after your auto accident with little interruption in your work schedule. Unfortunately, many others who have been involved in car accidents are not so lucky and can face prolonged physical recovery which limits or prevents entirely their ability to return to work. In our uncertain financial climate, such a misfortune can put such a strain on family finances that many are simply unable to recover from. Medical bills continue to mount alarmingly, and regular bills are stacking up, unable to be paid.

What You Will Need to Recover Lost Wages

In order to successfully recover lost wages following your accident you must have documented income prior to the accident. The only exception to this is if you were a student working toward a degree before your accident, you may be entitled to lost wages based on what you would have earned once you finished your degree. Additionally, the wages you received before your accident must have been claimed as taxable income. If you suffered an injury as a result of the accident, it must have impaired your ability to work in your previous position, and finally a medical doctor must have the opinion that you have specific physical restrictions or disabilities. Should the doctor conclude you are totally and permanently disabled, then future lost wages are clear-cut, however if it is determined you are partially disabled or have restrictions which prevent you from continuing to do your previous job, you may still be able to recover lost wages.

What are Work Restrictions?

If you’ve been off work following an accident, you will probably be required to have your doctor sign a release which allows you to return to work. There may be certain restrictions on your work which your doctor will put in writing and you will take to the HR department or your immediate supervisor. Your doctor may specify that you be restricted to light duty work which limits the amount of weight you can lift. If your particular job requires you to lift and move materials, then your doctor may restrict the number of hours you can work each day. If there is no light duty work available at your workplace, then your employee will state this in writing for the benefit of the insurance company.

Your doctor may also state that you cannot sit in the same place for more than two hours at a time, or simply no long periods of sitting. If your job involves sitting in front of a computer for long periods of time, and that amount of sitting aggravates your injuries, then your doctor will provide more work restriction details. If your injuries were especially serious, then you may never be able to return to your previous job, which will have a major impact on your life and your future.

Document All Lost Wages

After your accident, while you are recovering from your injuries, it is crucial that you keep good records documenting your lost wages. You will need your employer to provide a letter which states the amount of time you’ve been off work, how much money you typically make per hour, or how much you make monthly, the number of hours you will typically work in a week, as well as any overtime you consistently work.  If you haven’t worked much overtime in the past, but you had agreed with your employer that you would be working overtime in the future, then your injuries prohibited that work, then this should also be included in your letter.

By the same token, if you were expecting a raise or a job promotion, then your employer should include this information in your letter, along with the specific details of how much more your paycheck would have been, or when the promotion was to take effect.  Remember  the wages you are claiming as lost are generally gross earnings as opposed to net, however if you are also claiming Worker’s Comp, it will depend on your state of residence whether you will receive net wages, gross wages or only a specific percentage of gross wages.  Keep careful track of all days and hours you have missed from work without pay, including sick days or vacation leave.

Lost wages are a very important aspect of your overall settlement for your personal injury claim; depending on the extent of your injuries it could be a long time before you are able to return to work, if at all. Your personal injury attorney is the best source of information regarding your claim for loss of future earnings, and it’s very important to follow all his or her advice.

We represent clients on a contingency fee basis so you do not pay until we recover compensation for your Mississippi auto accident.  An experienced Mississippi auto accident  lawyer at Barrett Law, PLLC offers compassionate and zealous advocacy for Mississippi accident victims so contact us immediately at (662) 834-2376 to learn how we can help.

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Unsafe Rental Car Accidents Can Ruin Summer Vacation Plans

There are many arrangements to be made when planning for vacation from making airline and hotel reservations to reserving a rental car. There are also a great number of variables that can go wrong. One issue that few people worry about is whether their rental car is safe. A significant number of summer travelers may end up renting cars that are subject to recall and have not had the repairs done. It may be surprising, but there are no current laws or regulations that require rental car companies to fix recalled vehicles before leasing them out to the next customer.

New legislation called the Safe Rental Car Act is being proposed by Senator Charles Schumer (D-NY) to address a number of recent crashes involving rental vehicles with recall issues that were not repaired prior to providing the vehicle to the consumer as a rental. A notable example that received national attention involved a case in California. Two sisters were killed when they rented a PT Cruiser that they rented erupted in flames causing the car to collide with a tractor-trailer. The PT Cruiser had been recalled because of the possibility of a leak in the power steering fluid that could cause the vehicle to catch on fire. The sister’s family filed a wrongful death lawsuit against Enterprise and recovered an award of $15 million.

The problem stems from what has been characterized as a “loophole” that permits rental car agencies to send vehicles out on the road that could not be sold by car dealerships. Rental car agencies repair vehicles subject to recall a mere 33 percent of the time within a month of the recall according to data from the National Highway Traffic Safety Administration (NHTSA). It is even more alarming is that only half of all rental cars subject to recall are repaired even a year later. Data from General Motors regarding the number of rental cars fixed within three months of a recall reveals that although Enterprise was involved in the $15 million product liability verdict, it is not the worst offender:

• Enterprise repairs not fixed within 3 months of recall: 35 percent
• Hertz repairs not fixed within 3 months of recall: 66 percent
• Budget/Avis repair not fixed within 3 months of recall: 47 percent

The bottom line is that it is estimated that tens of thousands of defective rental cars subject to recall are currently on the roadways. While the proposed legislation is a step in the right direction for those who live and vacation in New York, it does little to help us here in Mississippi. Admittedly, some defects subject to recall do not pose significant safety hazards, but the law is now silent on ALL rental car defects.

When a car rental company rents a car to an unsuspecting traveler without repairing a defect that makes the vehicle unsafe and fails to disclose the defect and potential risks to the consumer, the rental car company should be held accountable. Defects like the one in the fatal PT Cruiser rental car accident lawsuit needlessly puts unsuspecting consumers at risk. Anyone renting a car should ask if the vehicle they are renting has been recalled and whether the defect has been repaired. If you or someone you love has been injured or you have lost a loved one in a Mississippi car accident involving a rental car, the Mississippi car accident attorneys at Barrett Law Offices can advise you on your rights to seek compensation. We offer a free initial no obligation case evaluation so call us today at (662) 834-2376.

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Drowsy Driving Poses Serious Danger of Mississippi Auto Accident Fatalities

Most drivers have had the scary experience of briefly dozing off behind the wheel only to awake in a panic as one’s vehicle drifts off the shoulder of the road. Studies show that the average motorist is getting fewer hours of sleep each night. Driver fatigue is a leading cause of serious Mississippi auto accidents resulting in life-altering injuries and wrongful death. Sixty percent of drivers in the U.S. admit to driving while drowsy and 37 percent have fallen asleep while driving. There are few driving practices more dangerous than following asleep for a three-second micro nap traveling at freeways speeds. While dozing for that short period at 65 miles per hour, a vehicle will travel the length of a football field before you realize that you dozed off.

Drowsy driving is as great a risk of causing serious auto accident as drunk driving including AAA Foundation for Traffic Safety. The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving causes as many as 100,000 accidents annually and results in forty thousand injuries and in excess of 1,500 fatalities. While drowsy or fatigued driving in Mississippi presents a danger similar to drunk driving, the practice of drowsy driving is not viewed with the same public condemnation.

Fortunately, a growing number of technologies are being developed to prevent drowsy driving or fatigue based accidents. One common form of technology that is being used by several car manufacturers to reduce the risk of fatigue related accidents is lane avoidance systems. Although there are multiple versions of these auto accident avoidance systems, generally they sound an alarm if a driver appears to be drifting into another lane. There are even accident avoidance systems that provide a more customized approach based on a driver profile including sleeping patterns, length of trip, medications and other data that impacts the tendency of a driver to be involved in a fatigue based auto accident in Mississippi.

There are a number of strategies that can be used to avoid drowsy driving including:

• A driver should travel at times that are consistent with one’s normal waking hours
• You should get a minimum of six hours of sleep at night before taking a trip
• If you are feeling tired, pull over and take a nap.
• You should schedule regular breaks every couple of hours on the road.

Even when a driver does not fall asleep, fatigue can adversely affect one’s driving ability by causing blurred vision, impaired concentration, slowed reflexes and poor judgment or decision making. Mississippi drowsy driving car accidents are especially tragic because they are entirely avoidable. At the Barrett Law Office, we have deep roots in Mississippi. We have been fighting for the rights of auto accident victims throughout Mississippi for over 75 years. Our experienced Mississippi auto accident attorneys offer a free case evaluation so contact us today at (662) 834-2376.

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Fighting the Battle against Auto Accidents Caused by Impaired Drivers in Mississippi

Every year, thousands of people die due to alcohol and drug related motor vehicle accidents. To combat the problem of auto accident fatalities, many communities and courts have set up substance abuse treatment programs.  An important question to be considered is whether substance abuse programs and other measures really reduce auto accidents and prevent motor vehicle accident related fatalities.

Studies indicate that in communities where substance abuse programs have been established, the number of automobile accidents has declined anywhere from 8 to 13 percent. While these results are encouraging, it remains the case that there are over 30,000 motor vehicle fatalities in the U.S. annually with over 30% being alcohol or drug related.  A variety of measures have been implemented to discourage people from driving while high or intoxicated. These measures include implementation of alcohol taxes, bans on Sunday alcohol sales, drivers license revocation, ignition interlock programs and teen license restrictions.

Every year, over 2 million people are treated in substance abuse facilities for alcohol and drug addiction. For those that are seriously addicted, the impact of these programs can be significant.  Besides the direct impact on auto accident fatality rates, there are other potential indirect affects on car crash rates associated with increases in self-confidence, improved mental stability, and improvement in coping with stress at home or work.

With the number of deaths resulting from fatal auto accidents, the state and federal government has implemented measures designed to reduce fatal accidents caused by drivers impaired by drugs and alcohol.  This includes a variety of legal measures including:

  • Mandatory seat belt laws
  • Stricter enforcement of speed limits and DUI laws
  • Zero tolerance alcohol laws for teen drivers
  • Dram shop laws that impose liability on those who furnish alcohol
  • Stricter DUI penalties
  • Use of sobriety checkpoints
  • Creation of dry counties
  • Increased taxes on alcohol

Drivers impaired by drugs and alcohol are still responsible for far too many Mississippi auto accidents resulting in catastrophic injuries and wrongful death throughout Mississippi.  Impaired driving car crashes are especially disheartening because they are completely avoidable.  If you or someone you love has been seriously injured in a car accident with a driver impaired by drugs or alcohol, an experienced Mississippi drunk driving accident attorney at Barrett Law, PLLC may be able to help.  We have roots in Mississippi representing those injured by the negligence of others that extend back over 75 years.  We offer a free initial case evaluation so contact us at 662-834-2376 to see how we might be able to help.

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