Common Mistakes People Make After Suffering Injury in an Auto Accident

When you are experiencing intense pain and the emotional distress associated with a car accident, your judgment can be understandably impaired. Motorists who drive while impaired by an intoxicating substance or while texting on a cell phone can be held financially responsible if they cause crashes that result in injury to vehicle occupants, bicyclists, or pedestrians. Since liability is not automatic even if the other driver is intoxicated, the actions an injury victim takes following a motor vehicle crash can have a profound impact on an individual’s financial recovery.

The Mississippi car accident lawyers at Barrett Law have made it their goal to tenaciously pursue the fullest financial recovery for victims of negligent drivers for decades. Because we see how avoiding certain mistakes is essential to maximizing recovery in a car accident claim, we invite you to review this two-part blog highlighting common mistakes that injury victims make after a collision.

Mistake No. 1 Failing to Exchange Insurance Information: Drivers who do not immediately notice injuries sometimes fail to exchange information with the other driver because neither vehicle is damaged in the crash. The decision to forgo obtaining driver’s license, insurance, and contact information from the other driver can have devastating consequences if you subsequently experience injury symptoms. The assumption that a lack of damage to the vehicles means you were not seriously injured is absolutely false. The bumpers of motor vehicles are designed to withstand the force of a collision, but the human body can be injured by far less energy.

Mistake No. 2 Permitting the Other Driver’s Insurance Adjuster to Visit You in Person: Even if the insurance adjuster for the at-fault driver seems amicable, a face-to-face meeting without legal representation is an extremely bad idea. The job of the insurance adjuster is to minimize the liability of his or her employer. The adjuster can use this meeting to observe your behavior for examples of conduct that might be considered inconsistent with your reported injuries. The adjuster also will note inconsistent statements or admissions that might be used by the insurer to justify denying your claim.

Mistake No. 3 Failing to Promptly Obtain Medical Attention: The emotional upheaval and shock associated with an auto accident can mask symptoms arising from car crash injuries. When injury victims procrastinate in obtaining medical care, a prognosis can worsen, or valuable medical evidence and records can be lost. The insurance company typically will point to the delay itself as evidence that a claimant did not suffer serious injury. A lapse in time between the accident and medical attention also can give rise to the argument that your injuries are attributable to a cause other than the crash.

If you have been injured in a motor vehicle collision or the surrounding areas, our Mississippi Car Accident Lawyers have successfully represented many car crash victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

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Factors Contributing to the Increased Risks of Serious Injury for Motorcyclists

All motor vehicle accidents involve some common legal issues and potential problems, but the unique nature of motorcycles means that riders who are involved in a collision often must overcome special challenges.  When an injury victim is interviewing a motorcycle accident lawyer, they can improve the probability of a favorable outcome by retaining a lawyer who has extensive experience handling motorcycle accident lawsuits.  In short, vehicle collision claims are not all created equal.  This blog post provides an overview of the unique factors that contribute to motorcycle crashes.

The most obvious risk involving motorcycles relates to their unique physical characteristics.  Motorcycles are lighter and smaller than passenger cars, and they only have two wheels.  Motorcycles also do not have an enclosure that protects the rider within a passenger compartment and that is reinforced to protect occupants.  These features of motorcycles place riders at an increased risk of serious injuries when confronted by a careless, intoxicated, or distracted passenger car driver.  The risk of a fatal crash for motorcyclists is 35 times greater than for auto accident victims based on a per mile traveled basis.

While these physical design characteristics of a motorcycle pose a significant crash risk, there are other factors that cause many motorcycle collisions:

Limited Stability: A vehicle that only has two wheels will inherently be less stable than a four-wheeled vehicle.  If a rider must suddenly swerve or brake to avoid a crash, this lack of stability increases the risk of a traffic collision.  Depending on the motorcycle and circumstances, a bike can also experience front wheel “wobble” when traveling at high rates of speed.

No Protective Barrier: Passengers in an automobile benefit from protective equipment that includes seat belts and air bags.  This safety equipment increases the benefits of a passenger compartment to keep occupants inside the vehicle.  Vehicle ejection is one of the most significant factors in fatal car accidents, but every motorcycle crash essentially involves ejection because riders do not have the benefit of a protective enclosure.

Difficulty of Operation: Motorcycles require a much higher degree of skill and experience than a car to operate safely.  When riders attempt to handle a motorcycle that is beyond their ability, the risk of a crash increases.

Difficulty Being Seen: The small profile of a motorcycle often impairs the ability of other drivers to notice the presence of riders.  This issue is compounded by the fact that motorcycles can travel in small spaces where motorists do not expect to see a vehicle.

High-Risk Practices: Motorcycles are relatively light vehicles that can travel at high rates of speed. Sport bikes provide a temptation to engage in high-risk practices that include sudden acceleration and speeding.

Unanticipated Road Hazards: Many hazards that have no impact on a passenger car constitute potentially deadly threats to motorcyclists.  Minor potholes, small oil deposits, or a little debris often cause riders to lay their bike down.

If you or a family member was injured in a motorcycle collision, our Mississippi Motorcycle Accident Lawyers have successfully represented many motorcycle accident victims and their families.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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Mississippi Car Accident Attorneys: Distracted Driving Awareness Month Has Arrived

Despite a significant public outcry, warnings by transportations safety experts, and the efforts of law enforcement authorities, distracted driving has reached epidemic proportions.  The tragic stories of drivers perishing in fatal collisions while sending a text message are becoming all too common.  In a further effort to discourage motorists from the deadly practice of multi-tasking behind the wheel, the National Highway Traffic Safety Administration (NHTSA) and the National Safety Council have designated April as “National Distracted Driving Awareness Month.”

The impact of distracted driving is reflected by data published on the federal government’s official distracted driving website – distraction.gov.  Approximately 660,000 motorists are using their mobile phone or otherwise manipulating a portable electronic device while driving at any time during daylight hours.  With this many people multi-tasking with portable electronics devices, it is hardly surprising that inattentive drivers claimed the lives of 3,179 people and injured 431,000 more during the most recent year for which data is available.  While the problem is not isolated to novice teen drivers, 71 percent of teen drivers admit that they have sent a text while driving.

Distracted drivers have been around as long as motor vehicles, but the prevalence of electronic communication devices like smart phones and tablets has significantly increased the threat of serious crashes caused by inattention.  These gadgets permit drivers to keep almost the entire spectrum of human knowledge at their disposal.  Motorists have the ability to text, talk, and video chat with virtually anyone with the simple push of a button.  This convenience has proved to be a dangerous temptation.  The scope of the threat posed to public safety from use of electronic devices while operating a motor vehicle is evidenced by data from the federal government:

  • Ten percent of 15 to 19-year-old drivers involved in fatal collisions when using a cell phone.
  • Although teens often are most closely associated with the practice of using a cell phone while operating a motor vehicle, many adults also engage in this extremely unsafe practice.
  • Approximately 53 percent of adult motorists conceded that they have engaged in multi-tasking behind the wheel.
  • Although texting and driving is widely considered a dangerous practice, one in three drivers in a 2015 Erie Insurance study admitted to texting behind the wheel.

The number of lost lives and catastrophic injuries caused by drivers using mobile phones is likely to continue to increase.  The constant technological progress in creating new uses for portable electronic devices now provide a whole new slew of distractions.  There have been a number of accidents in recent times that involve social media activity on websites like Facebook, Instagram, Snapchat, and similar sites.  Whether a driver is reading a new post, uploading a picture or video, messaging other users, or placing a status update on his or her page, these new types of distractions threaten to increase the number of distracted drivers.

A recent lawsuit filed against the company that produced the messaging application Snapchat provides a recent example.  A personal injury lawsuit reportedly has been filed against the company by an individual who incurred a traumatic brain injury (TBI) that allegedly was partially caused by a Snapchat feature.  The seriously injured driver was allegedly using Snapchat’s “speed filter” to post a photo of herself while driving fast.  This feature of the social media application overlays a driver’s speed on an image when a driver takes a picture while operating the vehicle.  This tragedy demonstrates the diverse new ways that portable communication devices, such as cell phones are tempting drivers to take dangerous risks.

If you or your loved one is injured in a car accident in Mississippi, you are invited to contact the experienced Mississippi Car Accident Lawyers at Barrett Law to learn how we can help.  Our motor vehicle crash injury lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at 800-707-9577.  No Recovery No Fee!

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How Will the Era of Autonomous Vehicle Impact Car Accident Lawsuits?

Although the prospect of cars that do not need drivers was once limited to science fiction movies and the Jetsons, vehicles that have the capacity to take over more tasks from motorists are already on the market.  The 2017 E-Class Sedan introduced by Mercedes-Benz at the 2016 North American International Auto Show, for example, boasts a broad range of autonomous driving features that allow the vehicle to travel significant distances without driver intervention.  Although these self-driving vehicles have been promoted as a significant leap forward in roadway safety, this new technology raises a number of questions about the future of car accident litigation.

The prospect of watching the morning news from a holographic projection on the windshield or organizing notes for your morning meeting during your commute might seem appealing.  However, autonomous vehicles have been offered first and foremost as a way to get negligent motorists out of the driver’s seat.  Since careless, intoxicated, and distracted drivers cause many accidents, self-driven vehicles could significantly reduce the number of crashes.  Motor vehicle collisions were estimated to have claimed the lives of approximately 38,300 people in 2015, which would represent nearly a fourteen percent increase over the prior year.  Further, “serious injuries” were estimated to have risen to approximately 2.3 million in 2015, which represents a thirty percent increase over the prior year.  These numbers certainly attest to the benefit of preventing negligent motorists from traveling the roadways of Mississippi.

However, traffic accidents and liability issues will not disappear even when all vehicles are driven by computer systems, even if driver negligence becomes a thing of the past.  Collisions can still be caused by poorly designed, manufactured, or installed systems.  When software glitches, hardware malfunctions, or hacked systems become the dominant cause of traffic accidents, auto accident lawsuits will focus on product liability law rather than negligence involving drivers.

Generally, product liability law provides the basis for pursuing legal remedies for injuries or fatalities caused by a defective product (or misrepresented product).  Typically, an injury victim in a product liability lawsuit will assert multiple theories of liability.  Liability for a car accident caused by a defective autonomous vehicle might be based on strict liability, negligence, and breach of warranty.

Strict Liability: Even if the manufacturer of a product exercises significant care to construct a safe product, the product (i.e. vehicle) can still be shipped with defects.  Under this theory, the manufacturer can be liable when the vehicle leaves the control of the manufacturer, even if the defect was not the result of negligence.  Strict liability typically is invoked in cases involving design defects, manufacturing defects, and “failure to warn.”

Negligence: Product manufacturers have a duty to exercise reasonable care in designing and manufacturing their products, so they are safe when used in ways that are reasonably foreseeable.  For example, an autonomous car might be designed where no driver intervention is needed except in highly unusual circumstances.  If the braking system of an autonomous vehicle is only designed and tested when roadways are dry, the manufacturer might be negligent when the brakes do not prevent a collision because the roadway is wet.

Failure to Warn: A manufacturer who fails to provide consumers with sufficient information and warnings about the risks associated with the use of its product can be held liable for not providing adequate instructions and warnings.  Liability can be imposed when the injury is a result of the lack of information.

If you or your loved one is injured in an auto accident in Mississippi, you are invited to contact the experienced Mississippi Auto Accident Injury Lawyers at Barrett Law to learn how we can help.  Our lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at 800-707-9577.  No Recovery No Fee!

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History of Falls Provides a Warning Sign of an Increased Collision Risk among Elderly Drivers

Our average age of our population is rising as Baby Boomers approach retirement age.  Because age can diminish physical and mental skills associated with safe driving, some older drivers pose a greater risk of being involved in a motor vehicle accident.  However, evidence also exists that the extra caution exercised by older drivers combined with their extensive experience dealing with driving hazards can make a certain segment of elderly drivers among the safest.  Because most states do not screen drivers based on age to distinguish the model drivers from motorists with diminished driving ability, seniors who pose a significant risk to their own safety and the well-being of others on the road continue to be issued driver’s licenses without any health screening.  While trying to distinguish these two categories of elderly drivers can be difficult, a new study that links prior falls to collision risk amongst older motorists provides some interesting information.

The new study, published in the medical journal JAMA Internal Medicine, was conducted by both the AAA Foundation for Traffic Safety and the University of Colorado Anshutz Medical Campus.  The study examined data involving individuals 65 and older between the years of 1998 and 2010.  Twelve million seniors will suffer a fall, and the numbers are rising annually.  The researchers found that the prevalence of falls during this period rose eight percent, which amounts to nearly a thirty percent increase.  The study concluded that senior drivers who have a history of falls are subject to a forty percent higher risk of being involved in a crash.

Since there are an increasing number of drivers that are age 80 or older, the result might not appear startling.  However, the results show the increase in falls among the elderly involve more than just changing demographics.  The study found that the two-year prevalence of falls increased an estimated 28 percent in 1998 and 36 percent in 2010.  Further, these seniors who experienced falls were forced to overcome additional limitations when driving.

The report provided a number of factors that explain the link between prior falls and an increased auto accident risk among seniors.  The researchers focused on the following factors:

  • When seniors have fallen, they might develop a fear of future falls.  This fear discourages physical activity which can adversely impact driving skills.
  • Falls that cause injury can inhibit functional ability by preventing temporary use of a limb.  This type of physical impairment might be manifested in diminished driving skills.

According to the report, the study can be used to improve traffic safety for seniors by using an older motorist’s fall history to determine if he or she is subject to an increased car accident risk.  A way to reduce accident risk among elderly drivers is to focus on health issues that contribute to falls according to the authors of the study.  The report suggests addressing factors like certain medications, slow reaction time, poor balance, vision issues, dizziness, lower body weakness to protect elderly drivers and others with whom they share the road.  Efforts to manage these types of symptoms can aid elderly drivers in improving their functional abilities, which decrease their risk for auto accidents and future falls.

If you are injured in a motor vehicle accident, you might have a right to financial compensation.  Our Mississippi Car Accident Lawyers have successfully represented many injury victims in obtaining financial compensation for their injuries.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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More Common Inquiries about Qui Tam Actions Involving Fraudulent Claims Against the Federal Government

This is the second installment in this two-part blog that answers common questions about lawsuits under the False Claims Act.  While we have attempted to address a range of issues in this two-part blog, the best way to get information about your specific situation is to talk to an experienced Mississippi False Claims Act lawyer.

How long does a whistleblower have to file a claim?

Determining the date the statute of limitations runs on a qui tam lawsuit can be complicated, so it is advisable to seek prompt legal advice if you are considering filing a claim under the False Claims Act.  The lawsuit must be filed by the later of the following dates:

  • 3 years after the government knew or should have known of the unlawful conduct but within ten years of the violation; or
  • 6 years after the unlawful conduct.

Complications in how courts have interpreted these deadlines make it important to seek advice from an experienced qui tam lawyer.

What is the justification for providing compensation to whistleblowers under the False Claims Act?

The purpose of authorizing qui tam actions is to motivate whistleblowers to disclose fraudulent and illegal conduct that government authorities would not detect without outside assistance.  Because a whistleblower potentially could face negative consequences for disclosing wrongdoing, such as job termination, financial incentives are intended to neutralize the possible negative consequences of disclosure.

What types of conduct constitute a violation justifying a qui tam action under the False Claims Act?

There are many forms of misconduct that might provide a basis for pursuing a qui tam action, but some of the most common allegations include the following:

  • Conspiring with other parties to entice the government to pay a claim
  • Knowingly presenting or causing to be presented to the federal government a claim for fraudulent or false payment
  • Causing to be used or knowingly using a false statement or record to avoid, decrease, or conceal an obligation to remit property or money to the federal government

Does the frequency and scope of schemes to defraud the government warrant authorization of qui tam claims?

Fraud committed against the government is far more extensive than many people recognize.  The Department of Justice recovered over $3.5 billion in False Claim Act judgments and settlements during 2015.  Approximately eighty percent of this amount was recovered in qui tam actions.  Some studies have found that as many as sixty percent of employees indicate they have observed fraudulent and/or unlawful conduct by their employer.

What constitutes the elements of an offense under the False Claims Act?

The required elements that must be established to prove a case under the statute include the following: (1) the defendant presented or caused to be presented a false claim for approval or payment (or a document to facilitate payment) to the federal government; (2) falsity of the claim or document; and (3) knowledge that the claim was false or reckless disregard of the truth of the claim.  The establishment of these elements proves an offense even if the U.S. government neither experiences a financial loss nor makes a payment on the fraudulent claim.

Does the whistleblower or the government control the qui tam action?

While the government has the right to step in and control the qui tam action under the False Claims Act after the “relator” (whistleblower) initiates the lawsuit, the government might decline to participate.  If the government elects not to intervene in the action, the relator remains in control of pursuing the qui tam lawsuit.

If you have discovered fraudulent conduct by your employer against the federal government, we invite you to contact us to evaluate your claim.  Our Mississippi Qui Tam Lawyers have successfully represented many relators pursuing whistleblower claims under the False Claims Act.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Dangerous Roads Might Be the Cause of Your Mississippi Car Accident

While most serious Mississippi car accidents are caused by inattentive or careless drivers, there are a substantial number of auto collisions that are the result of dangerous roadways.  Sometimes roads in Mississippi are not designed safely, or the roadway is inadequately maintained.  When the defective construction or maintenance of a roadway is a factor in causing a motor vehicle crash, pursuit of an auto accident claim can be especially complicated.  Public entities are usually responsible for ensuring that a roadway is safe in terms of both its initial construction and maintenance.  Government entities have the benefit of sovereign immunity and possess an enormous war chest to defend against such claims.

Dangerous roadways cause far more accidents than many people realize.  Some estimates place the number of car accidents involving defective or poorly maintained roadways as high as twenty percent.  Lawsuits that involve defective roads require attorneys experienced in handling these kinds of complex cases, as well as the resources to litigate such a case. Clients often come to us after another attorney has passed on their case because the other driver did not have insurance.  This can happen when there is no recognition that a defective roadway issue makes the case worth pursuing.

If you are involved in an accident that involves an unsafe street or interstate, it is important to document the features of the segment of road that contributed to your accident.  In the wake of a serious car accident in Mississippi, public entities often make remedial changes or remove the debris that contributed to a car accident.  Our experienced defective roadway attorneys recommend preserving such evidence in any way possible, including taking photos, pointing out the hazard to the investigating officer, and/or taking careful notes regarding the hazard.

Construction zones often constitute one of the most dangerous types of roadway hazards.  Most people that drive through a construction zone presume that the orange flags, warning signs, cement barriers, and other safety measures are there to protect construction workers. While worker safety is one reason for these safety features, the US Department of Transportation reports that the majority of those injured in construction zones are drivers, passengers, and pedestrians.  When you drive through a construction zone, you must take extra care to avoid being involved in a car accident.  It is essential to substantially lower your speed and to pay attention to potential hazards or road detours. There is a wide range of distractions to drivers moving through construction zones, so it easy to become confused.  It is imperative that drivers focus all of their attention on their driving to avoid a serious car accident in a Mississippi work zone.

There are a wide range of roadway defects that can cause an auto collision, including but not limited to the following:

  • Poor signage
  • Potholes or uneven pavement
  • Edge of the road drop offs
  • Defective road surfacing that becomes extremely slick during wet or hot weather
  • Construction machinery or other obstacles in the roadway
  • Missing or damaged guardrails
  • Roadway debris

While a public entity can be liable for a poorly constructed or inadequately maintained roadway, this type of lawsuit requires careful investigation of the accident location, as well as exhaustive review of documents and accident reports within the control of the government entity.  Liability often turns on the duration of time that the defect was present and whether the public entity reasonably should have had notice of the danger.  Personal injury claims against a public entity typically will be subject to a tort claims act, which essentially empowers members of the public to bring an injury claim against a government subdivision despite sovereign immunity.  Tort claims acts have very tight timing requirements, so it is important you contact us as soon as you are involved in an accident that may have been caused by a dangerous roadway.

If you or your loved one is injured in a Mississippi traffic collision, you are invited to contact the experienced Mississippi Car Accident Attorney at Barrett Law to learn how we can help.  Our lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at 800-707-9577.  No Recovery No Fee!

 

 

 

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What Does Subrogation Mean in the Context of an Auto Accident?

If you are involved in a car accident, you will likely hear the term “subrogation” mentioned by medical providers, insurance companies, or attorneys. While subrogation issues can be extremely complex, the term literally means that one party stands in the place of another. This principle is important when pursuing a lawsuit or insurance claim following a collision because the right to pursue a legal claim belongs to the party who suffered property damage, bodily injury, or other forms of loss. The principle of subrogation permits third parties to assert a legal claim in the place of the injured party under certain circumstances.

By way of example, a nineteen-year-old college student gets into a collision when he is T-boned by a drunk driver. If the college student decides not sue the drunk driver because he is a friend, his grandmother cannot simply bring a lawsuit because she is outraged by the intoxicated driver’s conduct. Subrogation rules permit the injured party to assign his or her rights to pursue legal remedies to another party. Effectively, the principle of subrogation permits an injury victim to empower a party to pursue a lawsuit who would not otherwise have standing to sue.

A common example of subrogation in the context of an auto accident involves medical bills. If you file a personal injury lawsuit seeking damages from the other party, medical expenses will be a component of your settlement or jury verdict. While you might recover $30,000 in medical bills from the other driver, your health insurance company can seek reimbursement from you if your insurer covered your medical bills while you were in the hospital. Put another way, you do not get to collect for medical bills from both your own health insurance company and the other driver and/or the other driver’s insurer.

The issue of subrogation also frequently arises in the context of uninsured or underinsured motorist (UM/UIM) claims. If the other driver does not have insurance or has insufficient coverage to compensate you for the full amount of your loss, you can pursue a claim against your own insurer under the UM/UIM coverage provision. When a policyholder obtains UM/UIM benefits under his or her own policy, the insurance company may pursue a lawsuit against the other driver to recover some or all of the compensation the carrier paid to its own insured. Although you are not a “real party” in this type of lawsuit between your insurance company and the negligent driver, you might have to participate as a witness by testifying in a deposition and/or at trial.

Because insurance companies often negotiate discounted rates with health care provider, our law firm can work with clients to maximize our clients’ net recovery. If your medical expenses are extensive, this negotiation of lower rates can result in valuable additional compensation to cover your living expenses and related costs following a serious accident. Our Mississippi car accident attorneys represent individual injured by careless and inattentive drivers. At Barrett Law,our Mississippi Car Accident Lawyer is here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Defective and Missing Airbags Can Create a False Sense of Security

The majority of the time airbags operate effectively and safely. Airbags have saved almost 25,000 lives since 1970, but according to the National Highway Traffic Safety Administration (NHTSA), airbags that malfunctioned accounted for the deaths of 284 people, including 180 children, between 1990 and 2007. Airbags can be defective or not installed at all. If a person suffers serious injuries or wrongful death in a car accident resulting from a missing or defective airbag, the auto accident victim may be entitled to compensation for his or her injuries. This financial compensation can entail payment for medical expenses, lost wages, impaired earning ability, compensation for pain and suffering, and other types of damages. If someone is killed by a defective airbag or an airbag that is missing, the family (estate) can often sue the manufacturer of the vehicle or faulty airbag component for wrongful death.

When faced with this scenario, it is best to contact a personal injury lawyer or a wrongful death attorney who can help evaluate your specific situation and determine your legal rights. Our experienced auto accident law firm is committed to aggressively pursuing the best interest of our clients. Our lawyers at Barrett Law are dedicated to providing exemplary legal services as part of our ongoing objective of developing a reputation as the preeminent Mississippi auto accident law firm.

A victim that has been injured in a car accident related to the failure to install an airbag or a faulty airbag can pursue damages from the manufacturer of the vehicle and/or component parts based on product liability law. If the airbag is not installed or does not properly deploy because of a design or manufacturing flaw, manufacturers can be strictly liable for the defect depending on the specific facts and circumstances.

Airbags can malfunction in a number of different ways. They can deploy with excessive force. In other situations, the timing of deployment might be an issue if they deploy too early, late, or not at all. The reasons these dangerous scenarios occur might include defects in sensors, software, inflators, outdated technology, and more. Another airbag-related problem is the failure to install airbags or failure to replace the airbag after the vehicle is repaired following a collision.

Another claim that a victim can make in a defective airbag case is a “failure to warn” contention. A manufacturer of a product has the legal responsibility to ensure that its products are safe for the public. If there are risks that cannot be removed before the product goes to the market, then the manufacturer must provide adequate warnings advising consumers of the risk and how to avoid such risk. For example, air bags can be extremely dangerous for small children, so appropriate warnings need to be provided to consumers.

A recent case in another state involved a woman in her sixties who was struck by an airbag in a low-speed collision and suffered a severed spinal cord because the airbag deployed improperly. She is now a quadriplegic. The woman sued Mitsubishi, the maker of her car and prevailed. The lawsuit included claims for defective manufacturing, defective design, and failure to provide an adequate warning under the state’s product liability law.

The court ruled in the accident victim’s favor, finding the airbag and not the collision caused her injuries, which constituted the basis of the defective manufacturing claim. The design defect claim also was established because the court found that her airbags deployed unnecessarily, too forcefully, and too late. Vehicle occupants who are injured due to a defective airbag should speak with an experienced Mississippi auto accident attorney about their options and potential litigation strategies.

Defective airbag issues affect hundreds of thousands of vehicles manufactured by many of the largest auto manufacturers. At Barrett Law, our Mississippi Car Accident Lawyer is here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding your right to financial compensation.

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Facial Reconstruction Surgery Following Devastating Car Accidents

Plastic surgeons perform almost a million reconstructive surgeries each year.  These types of surgeries often are performed for reasons other than to make someone look younger or to change someone’s appearance.  Reconstructive surgery is often performed on individuals who have been involved in a serious motor vehicle accident.  If someone’s face or body has been disfigured in a collision, a plastic surgeon can perform reconstructive surgery and attempt to restore the person’s face or body to what it looked like prior to the auto accident.

Facial surgery is probably the most risky of any plastic surgery operations because the results are the most visible to other people and involves the eye, nose, and mouth, which all have to function correctly in order for us to be able to fully and properly utilize our senses.  When people are involved in a serious auto accident, one of the areas of the body that often endures serious damage is the face.  Airbags can cause lacerations, or a vehicle occupant’s face can strike the windshield or dashboard in the event the airbag malfunctions.  People ejected from their vehicle in a crash often experience severe facial disfigurement from impact with the road surface.

Motorists do not want excessive scarring to their face, so they will go beyond normal surgery to repair the damage.  Motor vehicle accident victims may undergo reconstructive surgery to return the facial features to as near as normal as possible.  The selection of a skilled plastic surgeon to perform this type of surgery is paramount to success, so a person needs to do his or her homework before moving forward.

Picking Your Doctor

Every surgery is risky and can result in complications, but a professional, accredited, qualified doctor will go to extraordinary lengths to minimize the risks to his or her patients.  Car accident victims considering plastic surgery should conduct research into their surgeon’s track record of surgeries.  Patients can contact their state medical board to confirm their surgeon has no record of discipline and the proper credentials.

The selection of a Board-Certified Plastic Surgeon can give you the best chance of having a positive experience.  He or she should be a Diplomate of the American Board of Plastic Surgery and a member of the American Society of Plastic Surgeons.  They also should have hospital affiliations and work only in accredited ambulatory centers with board certified anesthesiologists.  Patients also might seek out a referral from someone that has had a similar successful surgery.

When Things Go Wrong

When undergoing plastic reconstructive surgery, there is a risk of experiencing complications. There are a number of reasons why complications can arise in a surgery procedure, such as:

  • Surgeon is using outdated techniques
  • Surgeon is poorly trained or lacks experience
  • Poor assessment of the underlying problem

When your surgeon botches your reconstructive surgery due to any of the above reasons, he can be liable for medical malpractice.  Not only can a bad surgery cause you embarrassment and mental anguish; the procedure also can seriously damage integral parts of your facial structure that could be critical to the use of your sensory organs.

Bad reconstructive surgery can result in damaged nerves, impaired muscles, excessive bleeding, and internal bleeding. Sub-standard plastic surgery can not only cause permanent disfigurement and scarring but also death.  Most patients who undergo a bad surgical experience end up having to go to yet another surgeon to have the mistake repaired.

Who Will Pay?

If you are undergoing reconstructive surgery due to a Mississippi car accident, then the insurance company should cover the cost of the surgery.  However, coverage disputes can arise due to the gray area that exists between the definition of cosmetic surgery and reconstructive surgery.  Your surgeon will have to be in touch with the insurance company to explain the medical reasons for the surgery and give them details of the case.

If you or someone close to you has suffered disfiguring injuries in a motor vehicle collision, our experienced Mississippi car accident lawyers represent our clients in pursuing compensation to obtain the best medical care and rehabilitative therapy.  If you or your loved one is injured in a Mississippi motor vehicle accident, you are invited to contact the experienced Mississippi Personal Injury Attorneys at Barrett Law to learn how we can help.  Our auto collision lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (800) 707-9577.  No Recovery No Fee!

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