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New Report Ranks Mississippi Among Most Dangerous States for Drivers

Recently, the Advocates for Highway and Auto Safety released a report ranking Mississippi among the eleven most dangerous states for drivers due to a lack of safe driving regulations.  This coalition of business and safety groups made the alarming finding that more states have a lack of basic safety laws than have strong safety regulations.  The report illustrates a direct correlation between regulation and lives saved.

The Advocates for Highway and Auto Safety ranked each state based on adoption of the fifteen safety laws considered critical by the organization.  After analyzing the safety laws employed in each state, the report provided color ratings according to the level of regulation.  Eleven states, including Mississippi, received a “red rating,” which reflects poor protections. The complete list of states receiving this red status are: Alabama, Arizona, Florida, Iowa, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.  Ten states received the highest “green rating.”  These top safety states are: California, Delaware, Hawaii, Illinois, Indiana, Louisiana, Maine, Oregon, Rhode Island, and Washington.  Washington, D.C., also received the coveted green ranking.  All remaining states fell into the “yellow rating” category, meaning they had some necessary regulations on the books but not as many as recommended.

The fifteen safety laws considered optimal by the Advocates for Highway and Auto Safety include: driving while texting bans; requiring booster seats for children; mandating helmets for all motorcycles; and allowing officers to ticket any passenger not wearing a seatbelt without another offense having first taken place.  Additionally, there are seven laws relating to teen driving, including night restrictions, and three related to impaired driving.

Illinois and Oregon were the top two states, each having adopted twelve out of the fifteen recommended safety regulations.  South Dakota had the fewest safety laws, with just two regulations that restrict nighttime driving among young drivers and prohibit open containers.  The organization found that two laws in particular, both related to teen driving, were the least adopted.  They are: setting sixteen as the minimum age to obtain a learner’s permit and nighttime restrictions on teen driving.  Just eight states prohibit learner’s permits for those under sixteen and only eleven have nighttime restrictions on teen driving.

According to the Advocates for Highway and Auto Safety, Mississippi needs to pass the following laws to ensure maximum driver safety in our state:

  1. Require booster seats through age seven
  2. Mandate sixteen as the minimum age for a learner’s permit
  3. Enact 30-50 hours supervised driving provision
  4. Strengthen nighttime restriction provision for new drivers
  5. Ban passengers with new drivers
  6. Strengthen cell phone restriction provision
  7. Set eighteen as minimum age for unrestricted license
  8. Pass law banning open containers
  9. Require ignition interlock for every offenders
  10. Pass an all driver text messaging ban

According to the Advocates for Highway and Auto Safety, crash data from the National Highway Traffic and Safety Administration demonstrates the effectiveness of safety regulations.  For instance, in 2012, seat belts saved the lives of an estimated 12,174 passengers.  The use of safety belts increased in states that passed laws allowing ticketing for failure to wear a safety belt even when no other offense had taken place.

Since 1936, the team of legal professionals at Barrett Law PLLC has represented the victims of all types of car, truck, and motorcycle accidents.  At Barrett Law PLLC, we care deeply about the safety of Mississippi drivers and hope to see more important safety regulations passed in the coming years so that our roadways become among the safest in the nation.  If you have been injured in an accident, contact Barrett Law PLLC today at 1 (800) 707-9577 for a free consultation.

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Teenagers Injured in Serious Mississippi Car Accident

In another article posted on our law firm’s website this month, the risks associated with teenaged drivers were discussed.  Three accidents that have occurred over the past several months illustrate the devastating effects of inexperienced and inattentive teenaged drivers and the need for increased focus on this issue.

In a recent motor vehicle accident in Warren County, Mississippi, six teenagers were injured and one teenager was killed.  It happened on October 15, 2013, just after 9:00 p.m.  A Toyota Corolla was being driven by a 16-year old who lost control of vehicle and crashed into a tree.  The six passengers in the vehicle included a 15-year old, three 14-year olds, and two 13-year olds.  Two of the teenagers needed to be airlifted to the University of Mississippi Medical center.  One of the 14-year old passengers died from the injuries he sustained in the accident.

In a shockingly similar story, and just several days earlier, on October 12, 2013, seven teenagers were injured in an accident in Olympia, Washington, when a motor vehicle driven by a 16-year old crashed into a pillar.  Fortunately, in this accident, no one lost his or her life, though the force of the collision actually caused the engine to separate from the car.  There were six passengers in the car.  Three of the passengers were 17-year olds, one of the passengers was a 16-year old, and two of the passengers were 15-year olds.  Authorities investigating that accident indicated it was caused by driver inattention.

In a terrible tragedy in Laveen, Arizona, near Phoenix, earlier this year, three children—ages 11, 5, and 4–were killed in an accident involving a teenaged driver.  There were seven passengers in the car at the time of the accident, ranging in age from three to sixteen.  All seven of the passengers were siblings.  The driver was transporting all of his siblings to school.  Several of the children were ejected from the minivan after it crossed collided head-on with another vehicle and then rolled over.  Police had to search nearby brush and bushes to locate all of the passengers.  The four siblings who managed to survive the accident suffered severe injuries.  No one in the minivan was wearing a seatbelt.  Authorities indicated that the cause of the accident was inexperience.  Authorities also indicated that the driver may have been impaired by drugs or alcohol at the time of the accident.  The driver of the vehicle was unlicensed—he had only a learner’s permit.  The driver of the vehicle that the minivan collided with also died.  He was 31 years old.

The United States’ National Highway Traffic Safety Administration (“NHTSA”) regularly publishes a report addressing, among other things, strategies to reduce accidents involving teenaged drivers.  One of those strategies includes restrictions on the number of passengers in the motor vehicle.  Other strategies include the use of safety belts.  NHTSA also recommends that parents have early and frequent discussions with teenaged drivers about safety issues and set restrictions on things such as the use of cell phone and number of passengers in the car at any one time.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents for decades.  If you or someone you love has been injured as a resulting of a motor vehicle accident and a teenaged driver was at fault, we understand how difficult the situation can be for all individuals involved.  Nevertheless, you have been injured and you need to protect your rights and make sure you receive the compensation you deserve.  We can help you receive that compensation.  Please contact our firm today at (800) 707-9577 to schedule an initial, no-cost consultation.

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Dump-Truck Accident in Dallas, Texas, Highlights Dangers of Heavy Truck Versus Car Accidents

A recent accident on the Lyndon B. Johnson Freeway in Dallas, Texas, highlights the dangers when a heavy truck is involved in an accident with cars.  On September 10, 2013, a dump truck was travelling east down one side of the divided road when, according to eye-witnesses, a plume of smoke erupted and the truck slid over one car and pinned it underneath the truck.  The dump truck then jumped across the concrete median barrier into the westbound lanes of traffic and came to rest on a Lexus sedan travelling in one of the westbound lanes. The two individuals in the Lexus—Tarleton and Benna Mullikin—were killed.  Daniel Cerean, the driver of the other car that was pinned underneath the back of the dump truck, sustained injuries but is recovering.  The freeway was closed for five hours in both directions while local authorities attended to the scene.  Authorities have not yet issued details about the cause of the crash.  The dump truck belonged to a company that is a subcontractor working on the roadway construction on the freeway.

Accidents involving large, commercial vehicles and smaller, consumer vehicles often end with disastrous consequences due to the disparity in size between the vehicles.  When accidents like this occur, it is important to ensure that an accident reconstruction expert is retained to thoroughly examine the potential causes of the accident.  Commercial trucks, including semi-trailers, construction trucks, dump trucks, and similar large commercial trucks, are more complicated that vehicles designed for consumer use.  They also experience much more extreme wear, use, and strain simply because of the purposes for which they are designed.  Because of this, proper maintenance of commercial trucks is vital. Unfortunately, the owners of these trucks sometimes do not properly maintain them.  This inadequate maintenance can lead to accidents. Inadequate maintenance can cause issues in braking systems, tires, and load distribution capabilities.

Frighteningly, braking systems are a common area of insufficient maintenance.  The weight of commercial trucks and the force needed to stop them can lead to tragedy when brakes have not been properly inspected, serviced, or replaced.  Simply put, inadequately maintained braking systems prevent trucks from stopping when they should or, even worse, from stopping at all.

Inadequately maintained tires is a second major cause of trucking accidents.  Tires are vital to the safe operation of all commercial trucks.  When tires are not replaced at the end of their useful like, the risk of a tire blowout increases dramatically. Tire blowouts can cause drivers to lose control or be unable to maneuver the truck or to be unable to slow or stop the truck.

Trucks haul things; that is what they are specifically intended to do.  This function is made possible by a multitude of coupling devices, bolts, and locking mechanisms, just to name a few. If these parts are insufficiently maintained, eventually they can fail.  When such a failure occurs, the load a truck is transporting can shift or completely fall loose from the truck.  Obviously, loads falling completely loose represent a hazard to all oncoming traffic.  Shifting loads can also cause the truck to lose control.

If you or a loved one has been involved in an accident involving a commercial truck, it is important to retain an attorney experienced in this type of personal injury lawsuit.  You need an attorney who understands when an expert is necessary, and knows which experts on which to rely.  You also need an attorney who understands how to fight insurance companies—sometimes, many of them at the same time.  Barrett Law, PLLC has been fighting for the rights of individuals injured as a result of trucking accidents for decades.  We are here to fight for you.  Please contact us today at (800) 707-9577 to learn more about how we can help you.

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Dump-Truck Accident in Dallas, Texas, Highlights Dangers of Heavy Truck Versus Car Accidents

A recent accident on the Lyndon B. Johnson Freeway in Dallas, Texas, highlights the dangers when a heavy truck is involved in an accident with cars.  On September 10, 2013, a dump truck was travelling east down one side of the divided road when, according to eye-witnesses, a plume of smoke erupted and the truck slid over one car and pinned it underneath the truck.  The dump truck then jumped across the concrete median barrier into the westbound lanes of traffic and came to rest on a Lexus sedan travelling in one of the westbound lanes. The two individuals in the Lexus—Tarleton and Benna Mullikin—were killed.  Daniel Cerean, the driver of the other car that was pinned underneath the back of the dump truck, sustained injuries but is recovering.  The freeway was closed for five hours in both directions while local authorities attended to the scene.  Authorities have not yet issued details about the cause of the crash.  The dump truck belonged to a company that is a subcontractor working on the roadway construction on the freeway.

Accidents involving large, commercial vehicles and smaller, consumer vehicles often end with disastrous consequences due to the disparity in size between the vehicles.  When accidents like this occur, it is important to ensure that an accident reconstruction expert is retained to thoroughly examine the potential causes of the accident.  Commercial trucks, including semi-trailers, construction trucks, dump trucks, and similar large commercial trucks, are more complicated that vehicles designed for consumer use.  They also experience much more extreme wear, use, and strain simply because of the purposes for which they are designed.  Because of this, proper maintenance of commercial trucks is vital. Unfortunately, the owners of these trucks sometimes do not properly maintain them.  This inadequate maintenance can lead to accidents. Inadequate maintenance can cause issues in braking systems, tires, and load distribution capabilities.

Frighteningly, braking systems are a common area of insufficient maintenance.  The weight of commercial trucks and the force needed to stop them can lead to tragedy when brakes have not been properly inspected, serviced, or replaced.  Simply put, inadequately maintained braking systems prevent trucks from stopping when they should or, even worse, from stopping at all.

Inadequately maintained tires is a second major cause of trucking accidents.  Tires are vital to the safe operation of all commercial trucks.  When tires are not replaced at the end of their useful like, the risk of a tire blowout increases dramatically. Tire blowouts can cause drivers to lose control or be unable to maneuver the truck or to be unable to slow or stop the truck.

Trucks haul things; that is what they are specifically intended to do.  This function is made possible by a multitude of coupling devices, bolts, and locking mechanisms, just to name a few. If these parts are insufficiently maintained, eventually they can fail.  When such a failure occurs, the load a truck is transporting can shift or completely fall loose from the truck.  Obviously, loads falling completely loose represent a hazard to all oncoming traffic.  Shifting loads can also cause the truck to lose control.

If you or a loved one has been involved in an accident involving a commercial truck, it is important to retain an attorney experienced in this type of personal injury lawsuit.  You need an attorney who understands when an expert is necessary, and knows which experts on which to rely.  You also need an attorney who understands how to fight insurance companies—sometimes, many of them at the same time.  Barrett Law, PLLC has been fighting for the rights of individuals injured as a result of trucking accidents for decades.  We are here to fight for you.  Please contact us today at (800) 707-9577 to learn more about how we can help you.

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Dorel Juvenile USA Recalls Over 89,000 Car Seats

On September 12, 2013, Dorel Juvenile USA announced a recall of more than 89,000 child safety restraint systems.  According to the recall information on Dorel Juvenile USA’s website, the recall stems from incorrect installation instructions depicted on various product labels.  The recall extends to various models of Safety 1st Alpha Omega Elite, Eddie Bauer Deluxe 3-in-1, Safety First Complete Air LX, and Safety 1st Complete Air SE.  The production dates for the affected systems include July 20, 2010, through May 18, 2011.  Additional information can be found at http://www.djgusa.com/usa/eng/Safety-Notices/Detail/556-Dorel-Juvenile-Announces-a-Safety-Recall-of-Certain-Safety-1st-and-Eddie-Bauer-Child-Restraint-Systems.

If you have an infant or young child, it is vital to ensure that you have a properly-installed and fastened child safety restraint system in your vehicle.  Motor vehicle accidents are the number one cause of death of children under sixteen years of age in the United States.  However, even if you do have a properly installed and fastened child safety restraint system, unfortunately this does not guarantee your child will be safe in the event of a motor vehicle accident.  In fact, over the past ten years or so, over 15 million child safety restraint systems have been recalled due to various safety issues.  Every year, hundreds of children die due to defective child safety restraint systems.

Several types of defects can exist.  These include: the use of flammable materials, which can easily catch fire during an accident; inadequate strength of frames, leading to collapse; latches that improperly release, resulting in children being thrown from the seat upon impact; straps that rip, tear, or become dislodged, again resulting in children being thrown or partially thrown from the seat upon impact; and latches that will not properly release, resulting in children being trapped in the seat or the car after an accident.  Clearly, any of these malfunctions and resulting effects can lead to catastrophic injuries or even death.

Nothing can compare to the loss of a child.  If you have been involved in an accident in which your child was in a child safety restraint system but was nevertheless injured in the recent days, weeks, or months, you have likely been focusing solely on your child’s return to health.  However, during this difficult time, it is important to begin thinking about retaining an attorney to ensure that your rights and your child’s rights are fully protected.  While it is not something you want to be concerned with, the longer you wait to hire an attorney, the more difficult it may be for you to ultimate recover the damages to which you or your child is entitled.  Barrett Law PLLC is here to help you understand your legal rights during this crisis in your life.

If you and your child have been involved in such an accident but have not yet retained an attorney, there are a few things to keep in mind.  First and foremost, do not dispose of the child safety restrain system.  This will be the key piece of evidence in proving that your child’s injuries were the result of a defective child safety restrain system.  It is extraordinarily difficult to prove that a product is defective if that product has been disposed of.  While identical makes and models can be analyzed and tested, it will be virtually impossible to determine exactly how your child’s safety restrain system was defective if it cannot be examined.  It is also important to keep copies of all medical records, bills, and the like, related to your child’s injuries and treatment.  While these documents can always be subpoenaed during the course of a lawsuit, it is helpful to have them in advance.  Your lawyer will be better able to analyze your rights and advise you as to the best course of action if he or she has access to this information initially.

If your child has been injured in a motor vehicle accident and you have concerns that the child safety restrain system was defective, please contact the highly skilled personal injury attorneys at Barrett Law, PLLC today at (800) 707-9577 to discuss your case.

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Mississippi Motorcycle Accidents Frequently Asked Questions FAQs

Motorcycles are increasing in popularity both with those looking for a more cost effective mode of transportation, and those who wish to ride a motorcycle as a form of recreation while seeing the back roads of Mississippi.  The danger posed to motorcycle riders is increased by continuing inaccurate stereotypes that riders are lawless outlaws.  Most passenger vehicle drivers do not realize that two-thirds of all motorcycle accidents are caused by drivers of passenger vehicles.  The rate of severe injuries and fatalities associated with motorcycle accidents has increased as mandatory helmet laws have been partially or totally repealed in a growing number of states.

Because our Mississippi motorcycle accident law firm has been representing motorcycle accident victims for decades, we receive lots of questions from those involved in motorcycle accidents.  While the best way to obtain legal advice if you are involved in a motorcycle accident in Mississippi is by speaking with one of our knowledgeable Mississippi motorcycle accident attorneys at Barrett Law, PLLC, we have provided some answers to frequently asked questions below:

How prevalent are motorcycle accidents that result in serious injuries or fatalities?

Motorcycle accidents result in a disproportionate number of severe injuries and fatalities.  Motorcycle accidents account for four times the number of accidents than would be expected based on the number of motorcycles on the road when compared to other types of vehicles.  Collisions involving motorcycles are not only more common than accidents involving other motor vehicles they also result in more serious injuries.  Motorcycles are 5.5 times more likely to be involved in a fatal accident than other motor vehicles based on the number of registered vehicles.  The numbers are even more startling when considered on a per mile driven basis.  A motorcyclist is 35 times more likely to be killed in a fatal collision than the occupant of a passenger vehicle on a per mile driven basis.

Am I required to wear a motorcycle helmet under Mississippi Law?

Unlike other states that have enacted total or partial repeals of universal helmet laws, Mississippi requires all motorcyclists to wear helmets when operating a motorcycle.

Does it affect my Mississippi personal injury lawsuit if I was not wearing a helmet at the time of my motorcycle accident?

Generally, you can still pursue a personal injury lawsuit even if you were not wearing your helmet at the time of the collision.  However, your failure to wear your helmet may reduce the measure of damages that you recover in a motorcycle accident if you suffer a head or neck injury.  The judge or jury may assign a degree of fault for the severity of your injuries to you under the legal doctrine of comparative negligence.  The recovery you receive may be reduced by the proportion of fault assigned to you.  If your injuries were to a different part of the body like a rib injury, then your failure to wear a helmet would likely be irrelevant.

Who may I pursue a personal injury lawsuit against if I am injured in a Mississippi motorcycle accident?

The most common defendant in a motorcycle accident lawsuit in Mississippi is another driver.  Depending on the specific circumstances of your motorcycle accident, other potential defendants may include public entities for unsafe roads, vehicle manufacturers for defective vehicles or those who entrust a vehicle to an unsafe driver.

Is the police officer correct if he says that I was speeding because I left skid marks?

While skid marks are an accurate indicator of speed in a passenger vehicle, they are not a good indicator of speed with a motorcycle.  Motorcyclists typically cannot create a long skid mark from the rear wheel without losing control of the bike.    If a rider brakes hard with the front brakes, the back tire will typically lift off the roadway rather than leave a skid mark.

What damages can I recover in a personal injury lawsuit involving a motorcycle accident?

If you are involved in a motorcycle accident, you may seek the following damages depending on the specific circumstances of your motorcycle collision:

Lost income

Medical bills and hospital expenses

Compensation for pain and suffering and diminished quality of life

Diminished future income because of disability

Burial and funeral expenses (wrongful death action)

If you have other questions about your right to recover compensation for injuries suffered in a Mississippi motorcycle accident, we invite you to speak to an experienced motorcycle accident attorney at Barrett Law.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing tenacious representation to victims of unsafe and inattentive drivers for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Distracted Driving: Electronic Devices Not the Only Risk

There has been considerable discussion in the media regarding the appropriateness of imposing a ban on all use of handheld electronic devices while driving.  The media coverage is understandable given the recent recommendation by the National Traffic Safety Board (NTSB) that all states implement a complete ban on the use of portable electronic devices.  While the NTSB cannot pass mandatory regulations, it is influential with lawmakers and regulators so a complete ban on texting while driving and talking on a cell phone while driving might be right around the corner.  The problem is that the focus on cell phones and handheld devices obscures to significance of other types of distracted driving.

The key is that proponents of safety regulations not lose focus on the much broader danger of distracted driving because they are focused on the narrow role of mobile communication devices.  A common example of distracted driving that may be more prevalent and cause more accidents is eating and drinking while driving.  While cell phones are getting most of the publicity, a study conducted by the National Highway Traffic Safety Administration found that a staggering eighty percent of all auto accidents and 65 percent of all near misses involve some form of eating or drinking while driving.  The study emphasizes the risk of rear end accidents or single car accidents where drivers fail to negotiate a curve safely because they are manually and visually distracted.

Coffee is the absolute worst item to consume while driving according to the study.  Cups of coffee can be easily spilled, and the scorching liquid often distracts drivers from the road.  Other foods like burgers that have messy sauces are also prone to cause accidents because drivers often are distracted by sauces and other condiments falling into their lap.  It is interesting to note that while a universal ban on the use of mobile phones and portable handheld devices is being proposed, the television and radio continue to be filled with advertisements for fast food restaurants offering drive thru options.  The hamburger chain In and Out goes even further specifically asking drivers if they will be eating their food in their car and packaging the food for such consumption.

This is not to suggest that concerns about portable electronic devices are not well founded.  The point is that there are many other types of driving distractions that may be more dangerous that seem to be ignored.  Some of these types of driver distraction include the following:

  • Putting on makeup
  • Reading books and newspapers
  • Studying GPS devices
  • Reaching inside a vehicle for an object
  • Adjusting car stereos
  • Grooming (i.e. brushing one’s hair)

Some might argue that mobile phone use while driving is an easier practice to target but the prominence of drive thru restaurants would seem to undermine this argument.  Distracted driving in any form is unsafe and causes many serious injuries and fatalities in distracted driving accidents throughout Mississippi. The experienced Mississippi distracted driving auto accident attorneys at Barrett Law have been providing tenacious representation to victims of distracted driving for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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McDonald’s Scalding Coffee Lawsuit: The Real Story

Almost everyone has heard the popular but inaccurate version of the McDonald’s scalding coffee lawsuit that became the rallying cry for big business and others that put profits above public safety.  The facts of the case were spun by media sources and big business lobbying groups to such a degree that what most people think they know is very different from the actual facts.

The first issue that has been misrepresented is that this was a “hot coffee case” because the coffee in the case was actually scalding.  McDonalds’ indicated that they had a policy in place that their coffee must be maintained at a temperature between 180-190 degrees Fahrenheit whereas coffee at home is typically maintained at temperature of 135-140 degrees Fahrenheit.  At the temperature that McDonalds’ admitted to keeping its coffee, an expert testified that a full thickness burn (third degree burn) would occur in less than seven seconds.

Many are under the misconception that the burn victim was driving a car and juggling coffee.  In fact, the burn victim was a passenger and the vehicle was stopped so that the victim could add cream and sugar to her coffee.  The cup that was between her legs tipped spilling the entire contents of the styrofoam cup into her lap.  Because the 79-year-old woman was wearing sweat pants, the material held the scalding coffee against the victim’s flesh.  She received third-degree burns over six percent of her body, including her genital, inner groins, thighs and buttock areas.  The burn victim was forced to stay in the hospital for eight days and received multiple skin grafts and debridement treatments.

During the discovery process in the case, it was revealed that McDonalds’ was aware of 700 other victims that had suffered similar serious burns during the ten preceding years but had refused to reduce the scalding temperature of its coffee.  A McDonalds’ representative also acknowledged that the coffee was not fit for human consumption at the temperature it was provided because it would severely burn the mouth and throat.  The same witness also indicated that McDonald’s had no intention of reducing the temperature of its coffee even after the injuries suffered by the victim in this lawsuit.

The burn victim had offered to settle the case for $20,000, but McDonald’s refused to settle the lawsuit.  Many media reports of the case shaped by advocates of big business misleadingly characterized this case as awarding “millions for hot coffee burns.”  These accounts not only drastically understated the serious nature of the victim’s burns but also overstated the actual financial compensation received by the burn victim.  The jury awarded $200,000 in compensatory damages which was reduced to $160,000 because the jury also assigned a percentage of fault to the burn victim.  The media also widely reported that the jury awarded $2.6 million in punitive damages (2 days of profits from McDonald’s coffee sales), but it generally was not widely reported that this punitive damage award was reduced to $480,000 by the trial judge.

The McDonalds’ case is notable for its prominence, but other similar cases are promoted by big business in the media as justifying tort reform.  The McDonalds’ case is an example of the misrepresentations often used to persuade the public that personal injury lawsuits should be more difficult to bring and result in less recovery.  The reality is that many times these limits, which often include damage caps, prevent victims from receiving the full compensation necessary to rebuild their lives after devastating injuries that permanently alter an injury victim’s life.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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New Year’s Fatalities Provide Reminder that Most Accidents Are the Product of Human Error

While this New Year’s holiday period was marked by tragedy, the initial reports from the Highway Patrol are more positive than might be expected.  The Mississippi Highway Patrol has reported that there were only traffic related fatalities during the New Year’s weekend.  While this is encouraging news, it remains tragic news for the families of those who lost a loved one in a New Year’s accident and the many others who suffered serious injuries in such accidents.  The most dismaying aspect of these car accidents and other fatal collisions in Mississippi is that virtually all of these accidents are preventable.

The vast majority of Mississippi motor vehicle accidents are the product of human error in the form of inattentive or unsafe driving.  If all drivers obeyed Mississippi traffic regulations and rules of the road, Mississippi motor vehicle accidents could be reduced to a negligible level.  While some motor vehicle accidents are caused by other factors like dangerous roads and defective motor vehicle components, human error accounts for the majority of traffic related fatalities and life-altering injuries.

There are many variations of human error that contribute to serious Mississippi car accidents including the following:

  • Fatigued or drowsy driving
  • Distracted driving
  • Failure to observe right of way rules
  • Driving while under the influence of drugs or alcohol (DUI/DWI)
  • Speeding
  • Aggressive driving
  • Weaving in and out of traffic
  • Tailgating

These are a few examples of the kind of avoidable driving conduct that account for needless loss of life and catastrophic injuries.  Drunk driving and distracted driving alone account for over half of all traffic related fatalities.  This means that sober drivers that devote their full attention to their driving can play a substantial role in making Mississippi roads safer.  If a driver engages in any of these unsafe driving behaviors, the driver may be liable for any injuries or loss of life caused by the unsafe or inattentive driver.

Some of these driving behaviors are particularly unacceptable and may also justify punitive damages against a driver who causes a Mississippi car accident.  Examples of such behavior might include intoxicated driving, reckless driving (e.g. street racing), aggressive driving and similar driving conduct that essentially demonstrate a conscious disregard for the safety of others.  A court may award punitive damages to provide an incentive to avoid similar conduct in the future and to punish particularly unsafe and objectionable conduct.  The experienced Mississippi car accident attorneys at Barrett Law have been providing tenacious representation to victims of unsafe and inattentive drivers for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Civil Lawsuit Can Provide Justice When Criminal System Fails

While those who drive under the influence of alcohol (DUI) pose a serious risk to others with who they share Mississippi roadways, the criminal justice system is designed to help victims of intoxicated drivers obtain justice.  Unfortunately, the standard of proof in criminal court which is beyond a reasonable doubt can make it hard to obtain such justice.  When the criminal system fails to punish those who engage in the reckless practice of driving while intoxicated, a civil lawsuit can serve multiple functions including punishing the wrongdoer, discouraging similar reckless conduct in the future and obtaining compensation for Mississippi DUI accident victims.

A recent case illustrates the failings of the criminal law system in obtaining justice for accident victims.   A Jackson woman who was involved in a DUI accident that resulted in serious injury to a motorcyclist in 2009 may end up facing no punishment through the criminal justice system.  After two prior attempts to convict her of aggravated DUI (DUI with injury) resulted in a hung jury, the Hinds County District said he doubts the woman will be prosecuted again.  It is important to keep in mind that the burden of proof is extremely high in a criminal case whereas all that must be shown in a civil lawsuit is that it is “more likely than not.”

The accident occurred when the woman allegedly made a left hand turn in front of the motorcyclist.  Two witnesses at the trial indicated that the woman caused the accident when she turned in front of the motorcyclist.  There was also no dispute that the woman was intoxicated.  The woman’s blood alcohol level tested at .13 percent when tested following the accident.  The police officer that investigated the accident concluded from witness statements and investigation of the accident that the woman caused the collision with the motorcycle by failing to yield.

It is important to note that perhaps the woman was not convicted because there was simply insufficient evidence that she was at-fault.  However, the lower standard of proof in a civil case can make a significant difference in outcome.  If the district attorney decides not to retry the defendant, the injury victim who suffered serious injury may bring a civil lawsuit to seek financial compensation for his injuries.  There are many situations where there is not enough evidence to meet the beyond a reasonable doubt standard, but there is enough evidence to meet the lower burden of proof in a personal injury civil lawsuit.

While “monetary justice” may not be as satisfying to the victim of a person who causes injury by engaging in unsafe conduct, a substantial verdict or settlement against a drunken driver may result in some form of punishment and deterrent to such behavior in the future.  It may also provide the vital financial compensation that an injury victim needs in the wake of suffering serious injuries.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to DUI car accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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