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Mississippi Accident Litigation Strategy: Identifying a Viable Defendant

Sometimes when you are involved in a car accident in Mississippi, there can be challenges in terms of identifying a viable responsible party to compensate you for your injuries. If a careless driver runs a red light and slams into your vehicle, the drive may lack insurance and possess no viable assets from which to pay a personal injury judgment.  Alternatively, the at-fault driver might even flee the scene, and despite careful investigation, it may be impossible to identify the responsible driver.  Sadly, some people simply give up when they learn that the other driver cannot be identified or does not have insurance.  Our Mississippi accident attorneys have successfully assisted many car accident victims facing this difficult situation.  There are a number of effective strategies that can be employed when the most obvious at-fault party (i.e., the other driver) is not a viable defendant.  We have provided an overview of strategies that we may successfully employ to identify a viable defendant to facilitate the fullest recovery in these situations.

Liability of Other Parties

Frequently, there is a third-party that also might have contributed to your car accident.  Depending on the facts and circumstances of your case, a wide range of third-parties might be liable for your injuries. If the person who was at fault in your accident was performing a work-related function, the company that employed the driver may be responsible for your injuries. These cases can be complex because the employer typically will dispute whether the particular tasks that the driver was engaged in were within the scope of employment.  It is not necessarily dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.

Even if the driver does not have insurance, the owner of a car who entrusted the driver with the vehicle may be liable for your injuries. When someone entrusts their vehicle to a motorist who lacks the maturity, competence, or responsibility to drive safely, he or she may be liable for negligently entrusting a vehicle to a third-party.  For example, vehicle owners who lend their car to a friend they know has a history of driving under the influence of alcohol or a pattern of past traffic accidents can be liable for crash-related injuries

Other parties that might be liable for your injuries include public entities, which may have designed or maintained a defective roadway, and vehicle manufacturers that produce a defective automobile.  Our experienced Mississippi car accident attorneys routinely explore the possibility of liability of a public entity or vehicle manufacturer, but this is especially important when the at-fault driver is not a viable defendant.  Public entities that know or should know of dangerous roadway conditions may be liable for failure to make a roadway safe or failure to provide adequate warnings of potential hazards.  An automaker that produces a defective vehicle also can be liable for your injuries if the defective component contributed to your car accident.

Uninsured Motorist (UM)/Underinsured Motorist (UIM)

If there is no other viable party against whom you may recover for your injuries, our Mississippi car accident attorneys can explore filing a claim against your own uninsured motorist (UM) or underinsured motorist (UIM) coverage.  Uninsured motorist coverage is optional supplemental insurance coverage that provides compensation for some of the types of damages you might recover from a negligent driver if you are involved in a hit-and-run accident or an accident with an uninsured driver. Uninsured motorist coverage is typically available for a relatively modest additional premium and can be invaluable if you find yourself involved in a serious car accident with no viable defendant to compensate you for your injuries.

Underinsured motorist coverage is slightly different in that it provides additional compensation if the defendant does not carry enough insurance coverage to compensate you for all of your loss. If you are faced with this situation, underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.

Anytime you are involved in a car accident in Mississippi, you may face challenges in identifying a viable defendant with sufficient insurance to compensate you for all of your loss.  Our law firm offers a free initial consultation so that we can evaluate your claim.  Contact the qualified Mississippi Auto Accident Attorneys at Barrett Law, PLLC today at 800.707.9577 to schedule your free consultation.

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Most Common Factors That Cause Auto Collisions in Mississippi

The range of causes that contribute to serious motor vehicle collisions fall into many categories, such as negligent driving, poor vehicle maintenance, defective components/systems, dangerous roadways, and more.  However, certain factors constitute more common causes of serious traffic accidents.  When a motorist understands unsafe conduct that contributes to crashes, the driver is better prepared to exercise caution and prudence to mitigate exposure to such hazards.  This blog post provides information on causes that often are asserted as a form of negligent conduct in personal injury lawsuits involving motor vehicle accidents.

  • Inattentive Driving: Talking and texting on cell phones constitutes the driving distraction that gets the most attention.  However, there are many other types of driver inattention that cause crashes ranging from other electronic distractions like surfing the internet or posting on a social media site to disciplining children in the back seat.  Electronic distractions have dominated the attention of lawmakers, the media, and traffic safety experts because of the sharp rise in the number of drivers who admit to engaging in this unsafe driving behavior.  This form of negligent driving involves many types of multi-tasking that involve mental, cognitive, and visual distractions.  Traditional distractions like grooming, adjusting the car radio, reaching for an object, eating, or rubbernecking can be even more insidious than use of a cell phone because this type of negligent conduct can be more difficult to prove.
  • Driving Under the Influence of Drugs or Alcohol: Although drunk driving gets most of the attention, collisions caused by prescription drugs have risen in recent years.  Substance impaired driving impacts the lives of many Mississippi families.  According to data from the National Highway Traffic Safety Administration (NHTSA), someone dies in a drunk driving crash every fifty minutes.  Although many people assume that the devastating consequences of alcohol or drug impaired driving only impact other families, one in three people will be involved in a drunk driving accident during his or her lifetime.
  • Following Too Close (Tailgating):  When motorists do not observe a safe following distance, the probability of a collision rises sharply.  Tailgating drivers often have insufficient time to react to road hazards, an interruption in the flow of traffic, or other obstacles.  Whether a driver needs to swerve or stop to avoid a collision, a motorist’s ability to execute evasive driving maneuvers depends to a significant degree on the amount of time a driver has to react.  Many motorists are familiar with the rule of thumb referred to as the two second rule (or three second rule), but they do not understand this following distance is predicated on optimal weather and road conditions.
  • Unsafe Speed: Like tailgating, traveling too fast reduces a motorist’s reaction time.  Excessive speed poses a dual threat because it impacts both the probability that a traffic collision will occur and the severity of injury.  Although driving at an unsafe speed often involves exceeding the maximum posted speed limit, slower speeds also can pose an unreasonable risk.  Drivers should never travel faster than is safe given road, weather, and traffic conditions.  The National Highway Traffic Safety Administration (NHTSA) reports that a third of all fatal crashes are speed related.

These forms of careless or inattentive driving constitute some of the most common forms of negligent conduct in personal injury lawsuits arising out of motor vehicle crashes.  Motorists that observe these forms of unsafe driving should try to keep a safe distance and exercise caution.  Our Mississippi Auto Accident Attorneys review law enforcement accident reports, skid marks, vehicle damage, medical records, witness statements, and other evidence to build a compelling claim for compensation.  Contact Barrett Law today at 800.707.9577 to schedule your free consultation. 

 

 

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Mississippi Auto Accident Attorneys Discuss the Dangers Associated With Rollover Accidents

A rollover accident occurs when a vehicle, mainly a Sports Utility Vehicle (SUV), truck, pickup truck, van, or car flips over onto its roof or side.  Rollover accidents are the number one cause of deaths involving SUVs.  They are second behind only head on collisions as the primary cause of all vehicle related accidental deaths.  Each year, over 10,000 vehicles are involved in fatal rollover accidents.  When a rollover crash does not result in death, it will often inflict serious and sometimes permanent injuries.  The National Highway Traffic Safety Administration reports that rollover accidents are more likely than any other sort of accident to result in serious injury and fatality.

In Brownwood, Mississippi, 23 year old Howard L. Adams was recently killed in a rollover crash.  Adams was driving his Ford model SUV when the vehicle left the road and overturned on Interstate 20, close to the Toomsuba exit.  Adams, who was not wearing a seatbelt, was ejected from the overturned vehicle.  Emergency responders declared him dead at the scene of the accident.

Factors Contributing to Rollover Crashes

The following factors have been found to cause or contribute to rollover accidents:

  • Unstable or top heavy vehicles: Vehicles that are tall with a high center of gravity, such as SUVs, buses, trucks, vans, and minivans, are more likely to be involved in a rollover crash than are smaller, low to the ground sedans.  The increased height of larger vehicles makes them less stable and more likely to rollover.  Securing large objects to the roof, such as kayaks, luggage, bikes, and the like, will also increase the risk of rollover.
  • “Trips” and jerking the wheel: When a vehicle hits a median, curb, or other object, this is referred to as “tripping.”  The U.S. Department of Transportation has found that an estimated 80% of all rollover accidents are caused by tripping.  Rollovers can also occur when the driver makes a sudden or sharp jerking movement of the steering wheel.
  • Multiple vehicle accidents: When a vehicle, especially an SUV, truck, or other top heavy one, is struck by another vehicle, it can lead to rollover.  These accidents account for some 20% of all rollovers.
  • Speeding and distracted driving: Speed is a common cause of rollover accidents, as drivers traveling at an excessive speed are less likely to be able to stop to avoid a trip or another vehicle.  Distracted driving is also a major cause of rollovers because distracted drivers take their eyes and mind off the road for several seconds at a time, during which they could hit an object or another vehicle.
  • Wet weather: Poor weather conditions increase the risk of all vehicle accidents.  For those vehicles prone to rollover, skidding on a slippery surface can cause the driver to overcorrect the wheel and accidently cause a rollover.

Due to the often serious nature of rollover accidents, all accident victims will require the assistance of a licensed Mississippi car accident attorney as soon as possible after the crash.  Your auto accident attorney will investigate the accident and seek recovery for your medical bills, lost wages, pain and suffering, and more.

Barrett Law PLLC: Experienced Representation for the Victims of Rollover Accidents

For decades, the Mississippi Auto Accident Attorneys at Barrett Law, PLLC have provided aggressive representation for the victims of rollover and other car accidents across the state.  Our car accident attorneys have the knowledge, experience, and resources to obtain the results you desire.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal.  Call today at 1 (800) 707-9577 to schedule your free consultation.

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Dangerous Intersections Lead to Devastating Crashes in Mississippi

An intersection is the point where two or more roads meet, converge, or cross each other.  These locations are particularly dangerous because traffic from many different directions is coming into a central point.  These intersections may be marked with yield or stop signs or there may be traffic lights.  In many locations, there is very limited signage that indicates that there are important reasons to drive carefully and pay attention.  Depending on  the intersection, as many as six roads may converge.

According to the National Highway Traffic Safety Administration (NHTSA), 40% of all traffic crashes across the country happen in an intersection.  In addition, 21% of fatal crashes happen at this dangerous place where roadways converge.

There was a fatal intersection crash in Fayette, Mississippi a few weeks ago.  A 21-year-old driver failed to yield at the intersection of Sunny Side Drive and Highway 61.  The young woman crossed into the path of a Ford F-150 traveling north  on Highway 61.  Her vehicle was impacted in a broadside collision.  The driver was pronounced dead at the scene.  The driver of the pick-up who hit her, an 18-year-old, had minor injuries, but declined medical attention at the scene.

Intersection accidents often involve broadside, also known as side impact, collisions where one vehicle impacts another along the side of the vehicle.  Although recent car models are equipped with side impact airbags, many older models are not.  The problem with this type of accident is that there is very little protection for the driver and passengers in the construction of the door frame.  This leads to wide-ranging traumatic injuries.  In addition, after the initial impact, the vehicle may be propelled into other vehicles or stationary objects bordering the roadway.

The NHTSA has studied the types of behaviors that often lead to intersection accidents, including:

  • While traveling through intersections, drivers may cause a crash by failing to pay attention to traffic signals, stop signs, and yields;
  • Drivers may misjudge the actions or anticipated behavior of other drivers;
  • Drivers who are making a left hand turn at an intersection with a traffic light or stop sign may turn in front of another vehicle because they do not accurately understand the speed of oncoming drivers or do not see them because of obstructed views in the intersection;
  • Distracted driving has a disproportionate effect on  24 years of age or younger;
  • Medical impairment or fatigue leads to many accidents for drivers between the ages of 25 to 54 years of age;
  • Drivers between the age of 25 and 54 are involved in accidents that result from aggressive driving, illegal actions, and distracted driving;
  • Drivers aged 55 years or older are involved in accidents caused by a failure to observe other vehicles entering the intersection or a failure to estimate the speed of other drivers converging on the intersection;
  • Female drivers are more likely to be distracted by things occurring within the vehicle, such as the cell phone, children, or even animals, or making mistakes about what other drivers are going to do as they approach the intersection; and
  • Male drivers are more likely to violate traffic laws in the intersection, drive aggressively, or fail to respond to the circumstances presented by the intersection.

Intersections pose a very unique and potentially dangerous set of circumstances where driver negligence can lead to life-altering crashes.  The most basic of mistakes can be critical.  It is important to have the right personal injury attorneys in order to get the damages award that victims deserve.

Many accidents that occur in an intersection involve serious injuries that require a long recovery period.  The experienced and hardworking attorneys at Barrett Law PLLC will fight to represent your interests and protect your legal rights in order to get you the compensation that you need to recover from the harm that you suffered.  We will evaluate your case during an initial consultation.  To schedule a first meeting, please call us at (800) 707-9577.  Our attorneys only receive a payment when we recover on your claims.

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The Financial Impact of an Auto Accident in Mississippi

In our world today accidents are one portion of lives that we can expect to encounter pretty much everyday. Ultimately accidents vary, but can all be seen to have and hold that of consequences, which vary greatly depending on how severe the accident was. For example, when we drop our favorite coffee mug on the way out the door in the morning we can expect not only to have our coffee spill everywhere, but also deal with the damage the mug sustained as well. Very similar to this type of accident is that of auto accidents, but with consequences that can be a bit more extensive, especially financially.

When you deal with that of an auto accident you deal with three major aspects of consequences which is that of injuries sustained from the accident, the legalities that are associated with your role in the accident, and finally, the financial aspect of an auto accident. One of the more consequences today is that of the financial aspects associated with an auto accident. Ultimately, if one truly looks at all of these consequences that are associated with an auto accident that of financial consequences are associated with each, and every one of them.

After you have been involved in an auto accident you already face the physical issues at hand, which include that of injuries that were sustained, as well as whether or not you caused the auto accident. When you have been injured from an accident you rely on your health care plan, or maybe even out of pocket expenses in order to help get the medical treatment you need. However, today, in order to not only see a health care professional, but also get diagnosed, and treated for your injury costs a great deal of money, which many people simply cannot afford. Yet, the financial difficulties are not over there. Depending on your involvement in an accident, and whether or not it has anything link to a criminal act you could face serious legal consequences such as fines, jail time, probation, or required program involvement.

Finally, after everything medically, and legally is taken care of you can finally sit back and relax, right? Wrong. Let’s not forget that we were involved in an auto accident, which probably means that our vehicle sustained some type of damage in the process as well. Remember, all of these can add up and in the blink of an eye leaving you, and your loved ones in a financial rut. Make sure when you are involved in an accident to contact a serious auto accident attorney immediately.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi auto accident attorneys by calling (800) 707-9577.

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The Dangers of Black Friday For Motorists in Mississippi

As we all know the holiday seasons are soon upon us which means that individuals will be traveling from all over to either your home, or you to theirs in order to visit with family and friends, celebrate the holidays and have some time to relax and reflect. Usually, the majority of Americans today turn to driving versus any other form of transportation during these busy times of the year, which means that record numbers of vehicles are on the road all at once. However, aside from the celebrations associated with holidays what are some other factors you need to be concerned, and prepared for this holiday season.

Shop Till You Drop

Black Friday. It is a day that many look forward to each and every year that stands not only as day for many as finally the time to start putting up Christmas decorations, but also that of shopping. Each year the number of Black Friday shoppers not only increases, but seems to multiply due to the amazing amount of deals, and savings. However, this day of deals tends to bring out more than just thrifty savers, but also that of aggressive and erratic driving.

Taking It To The Streets

Last year, dozens of automobile accidents occur Black Friday, which is merely a day after Thanksgiving. Yet, why? On Black Friday the usual mood that fills the air is that of aggression, and competitiveness. Individuals line up, and camp out hours before retail stores open hoping to get an item they have been dying to get their hands on, or simply using deals to their advantage and getting some Christmas shopping out of the way. However, usually, shoppers take their aggression outside of stores and on to the road in order to get from one store to another as quickly as possible.

By having this mindset drivers completely abandon the rules of the road, and a mindset of safety to doing whatever it takes to get from one point to another as quickly as possible. Last year alone, many accidents took place that not only resulted in aggravate shoppers, but also vehicular damages, and serious injuries. Make sure this holiday season, and especially on Black Friday that you consider what the season is truly about. Remember, to keep a safe, and level-headed mindset while on the road regardless of the deals you may not get to indulge in, there is always next year.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi auto accident attorneys by calling (800) 707-9577.

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The Dangers of Drowsy Driving

In our lives today many different things are expected of us whether they are professional responsibilities, errands that need to be followed through, or requests from our family and friends. Either way at the end of the day they are not only asked, but the majority of the time expected to be done. However, the truth of the matter is that we as Americans simply do not have enough time in each day and are ultimately suffering from it by lack the lack of sleep we are able to have each night. Yet, does the amount of sleep you have affect how well you are as a driver?

Whether you believe it or not it actually does. Driving is one aspect and action in our lives that requires our ultimate attention and dedication. Of course some can then argue that while some cannot multitask behind the wheel others can, but the truth of the matter is those drivers that can simply have luck on their side for that day. Unfortunately, the fact of the matter is that the majority of the drivers on the roads in America today do not drive properly and safely. So, when they have been sleep deprived this only furthers complicates issues, and increases the likelihood of accidents occurring.

What You Can Expect From Drowsy Driving

However, drowsy driving can occur all throughout the day such as in the morning early before work, or during the evening after a long day of work. Usually, when it comes down to drowsy driving drivers can be expected to swerve in and out of lines, not follow speed limits appropriately, tailgate other vehicles, and signal improperly as well. The majority of the time when these types of accidents do occur they are usually catastrophic that result in sever vehicular damage as well as driver and passenger injuries.

Yet, what can you do as a driver to make sure that you not only decrease the likelihood of driving while drowsy, but also are safe from other drivers who do so? First and foremost make sure to get plenty of sleep every night, and make time in your schedule for sleep. While on the road make sure to stay alert and aware of other drivers the whole time. Keep an appropriate distance between your vehicle and others and maintain the proper speed limit from start to finish.

At Barrett Law, our experienced Mississippi personal injury 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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How To Prevent Teenage Automobile Crashes

Every time that we set out driving on the road we are taking on a responsibility not only to ourselves, but all other drivers, and pedestrians we may encounter. Unfortunately, automobile accidents are a very common occurrence on the road today, and can alter not only an automobile forever, but also an individual’s life. While some automobile accidents can be easily preventable other accidents can occur in the blink of an eye due to unnatural causes. However, one accident today that can be easily prevented is that of teenage driving accidents.

The Ideology of Teenage Drivers

The majority of the time teenage drivers are driving behind the wheel of motor vehicles and are not properly paying attention to their duties as a driver, and their responsibility to the road. From texting and talking on the phone, grooming themselves while looking in the mirror, or playing with the radio it seems that we see more and more cases of teenagers not only being a danger to themselves behind the wheel, but also other innocent drivers as well. Today, the number of teenage accidents on the road is not only high, but also continues to increase dramatically. Yet, what can teenagers and you do in order to help them prevent these accidents from occurring?

Taking Back The Roads and Safety

First things first, make sure that your teenagers always wear a seatbelt. By wearing your seatbelt many people actually have shown to have a safer mindset and ideology while behind the wheel. Next, make sure that your teenagers avoid using a cellphone at all while behind the wheel of a vehicle no matter if it is talking, or texting. If they need to make a call, or text advise them to pull off of the road, park, and then do so. Parents are advised to make curfews for their children, not to punish them, but protect them. Also, parents should consider implementing rules limiting the number of passengers in their teenager’s vehicle in order to help promote a safer driving atmosphere.

Teenagers are at the age in life that they are constantly absorbing the world around them. Remember, as a parent or a loved one, make sure to allow your teenagers the ability to absorb the proper information, especially when it comes down to driving etiquette and roadway safety.

At Barrett Law, our experienced Mississippi personal injury 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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Are Pricey Vehicles Really Protecting Drivers?

In our lives today we work hard for the money that we earn whether it is mowing lawns and doing yard work as a teenager, or being adult with a full-fledged career. We put long, and many hours of our day into our work, whether we enjoy it or not, in order to make sure we have that coveted paycheck coming in as it is suppose to. While some individuals enjoy saving we now as a society are very into spending our money on items that we truly want, and work hard to deserve.

Pretty, or Problem?

One item that many individuals either save up to afford, or make monthly payments is that of a vehicle. Today, many people are turning to more expensive name brand vehicles with the money that they work hard to bring it. Although this vehicles certainly know how to make an impression, and are very luxurious are they actually protecting you from accidents, or the road itself?

How Tests Prove The Value of Your Purchase

Recently, the Insurance Institute for Highway Safety released a study showing a few figures that consumers, or car buyers may need to know before writing that check for your luxury class vehicle. The study took eleven 2012 model year luxury vehicles from different companies and tested their safety. However, the study concluded that eight out of the eleven scored “poorly” within the test, which is well over half.

Yet, why is this? The study tested multiple types of crashes with different impacts and then recorded the results as they occurred. The test included different collisions such as low-impact, front, side, back, and high-impact collisions. The study concluded that the “crush zones” of these vehicles were not built sturdy enough, and broke easily with almost any blunt impact. Today, these luxury automobile companies are currently working on these “crush zones” to handle more impact than before, but you could not see, or hear about it for another 10 years due to entire body schematics having to be redone completely.

Although we tend to go for the more luxury type of vehicles make sure to check into the safety of the vehicle as well.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury 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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How Your Cellphone Can Actually Help You Behind The Wheel

Technology is fully present within our world, and lives today. If you were to look up you would notice probably a computer monitor, you would probably be in the same room as a television, or just simply check your pocket, or purse for your cellphone. No matter what aspect it involves we not only use technology in this day and age, but heavily rely on it as well. However, when it comes down to that of driving does technology help you or hurt you while you are behind the wheel?

Call Me Maybe?

The power of the cellphone has certainly increased within the past decade or so. Many individuals today run their lives all on these small, electronic devices from planning their week, setting a wake-up alarm, or connecting with friends. While all of these are fun, and very productive things to do they are not when an individual is behind the wheel of a motor vehicle. Today, cellphones behind the wheel of the car are becoming known as one of the leading causes of car accidents, whether it is from texting while driving, talking on the phone, or simply using applications or the internet.

While may functions of a phone being used behind the wheel of have had a lot of negative stipulation, and connotation in the past a new application today is now trying to help drivers truly focus on the wheel, and on the road.

A Step Towards Safer Technology

Currently, a team of researchers at Rutgers University recently developed an application to help drivers focus more on the road, and less on their cellphone. How the application actually works requires the phone to be in sync with the vehicle sound system via Bluetooth, or auxiliary cord. From there, the application, when in use, will either forward an individual’s call or text message to a missed communications box in their phone, answer the phone or respond to a text message stating the individual is currently driving during the time of the call or message, or even link up an individual’s driving to their social media outlets in order to inform others that they are behind the wheel.

Developers of the application are still coming up with new ways, and components of the application to help better further an individual’s concentration on the road, and away from their cellular device.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury 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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