Posts

Study Indicates Rise of New Forms of Distracted Driving: Selfies & Social Media Activity

While distracted driving has always been a significant cause of car accidents that result in serious injury, cell phones have magnified the danger because so many people own mobile phones that perform an expanding array of “apps”. Although the majority of drivers are aware that texting on a cell phone is one of the most dangerous forms of distracted driving, people continue to discover new risky practices that endanger those with whom they share the roadways. A study conducted by AT&T reveals that cell phone distractions go far beyond texting and driving.

While no text message or telephone call is worth causing an auto accident, drivers are finding even less important reasons to endanger the safety of vehicle occupants, motorcyclists, bicyclists, and pedestrians. The AT&T study found the following disturbing results in terms of the prevalence of frivolous uses of cell phones while driving:

  • 27 percent of drivers between the ages of 16 and 65 use cell phone for Facebook
  • 14 percent of drivers use cell phones for Twitter
  • 30 percent of motorists admitted using their cell phone to tweet “all the time”
  • 28 percent surf the web
  • Over 10 percent use Snapchat and Instagram
  • 17 percent use their cell phone to take selfies
  • Over 10 percent video chat with Skype or other apps

AT&T conducted the study to promote awareness regarding the risk of using portable electronic devices while driving. Despite past public awareness campaigns, more than 62 percent of drivers continue to report that they keep their cell phone within reach when driving. Further, 22 percent of drivers admit using their cell phone for social networking while operating a motor vehicle.

The vast majority of the public condemns drinking and driving as unacceptable because of the toll drunk drivers exact in terms of accident-related injuries and fatalities. However, the growth in new types of cell phone use while driving suggests that people might still have a more tolerant view of distracted driving.

This more accepting attitude is alarming given that the National Highway Traffic Safety Administration (NHTSA) reports that texting while driving is six times more dangerous than alcohol impaired driving. Motorists engage in multi-tasking behavior while driving approximately half the time they spend behind the wheel. This failure of motorists to focus all of their attention on their driving leads to a million accidents, including 16 percent of fatal accidents annually.

When a distracted driver who is using a cell phone rear-ends a vehicle stopped for traffic, drifts into an adjacent lane, or otherwise causes a collision, the distracted driver can be liable for causing injury to others involved in the collision. Victims of distracted drivers should seek legal advice promptly following a collision because distracted driving can be difficult to prove. Although texting on a cell phone can be proven by obtaining cell phone records from a phone carrier, some cell phone activity can be more difficult to establish. Selfies, social media posts, and similar activities may create evidence that can be obtained by an experienced Mississippi personal injury attorney.

If you have been injured in a traffic accident in Jacksonville or the surrounding areas of Mississippi, our Mississippi Auto Accident Lawyers have successfully represented many victims of distracted drivers 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.

 

 

 

/by

Protecting Your Mississippi Auto Accident Claim: Tricks Used by Insurance Adjusters

After a Mississippi automobile accident, an insurance claims adjuster from the other driver’s insurance company may contact you on behalf of the other driver.  The adjuster might request that you provide a recorded statement or ask you to sign a release authorizing the disclosure of your medical or employment records. The adjuster will justify such requests by telling you that the information is needed to evaluate your claim. The adjuster may even offer you what the insurance company claims is a “fair settlement.”

 

Car accident injury victims should never agree to anything an insurance adjuster offers without first obtaining legal advice.  It also is not advisable to give the insurance company access to any of your private information without consulting an experienced Mississippi personal injury attorney.  The adjuster may seem friendly and appear to be trying to help you resolve your claim.  However, the insurance adjuster’s job is to save the insurance company money by finding a basis to deny your claim or to settle the claim for far less than its actual value.  Insurance adjusters routinely make lowball offers to increase insurance company profits.

The average Mississippi auto accident victim typically will not know how to accurately value an auto collision claim without legal advice from an attorney.  The insurance adjuster recognizes that knowledge is power.  It is very common for an insurance company to extend a lowball settlement offer if the liability of its policyholder is clear, and it’s obvious that you suffered injury.

The insurance adjuster will try to settle the claim before you have a chance to have an attorney evaluate the claim and provide an accurate estimate of potential damages, especially those that are hard for the average layperson to quantify, such as pain and suffering, diminished enjoyment of life, and permanent disability.  The adjuster also knows that some injuries do not immediately manifest themselves and that a thorough examination by a doctor might make you aware of more serious injuries.  The goal is to settle the case before you have obtained this type of information from legal and medical professionals.

A common trick employed by insurance adjusters is to claim that you only suffered minor or no injures because of the limited damage to your vehicle.  The adjuster will characterize your Mississippi car crash as a “low impact” collision.  The adjuster will offer you a settlement to repair your vehicle and agree to pay nominal medical expenses.  The adjuster might even act magnanimous and ask if you need a rental car while your vehicle is being repaired.  The adjuster knows that you might be under financial pressure to get back to work and pay medical expenses.  The insurance adjuster will use this financial pressure to try to get you to settle your auto accident claim before the seriousness of your injuries or your right to more substantial damages becomes apparent.

Car crash victims should always keep in mind that an adjuster’s job is to protect the insurance company by settling the claim for as little as possible.  At Barrett Law, we have a wealth of experience with the tactics used by insurance companies to minimize the value claims and to avoid liability all together.  If you are involved in a Mississippi auto accident, you should not speak to the other driver’s insurance company until you have obtained legal advice.  The knowledgeable and experienced team of Mississippi Auto Accident Lawyers at our Mississippi car accident law firm offers a free initial consultation so that we can evaluate your claim.  Contact the qualified Barrett Law, PLLC today at 800.707.9577 to schedule your free consultation.  

/by

Mississippi Drunk Driving Accidents Can Result in Life-Altering Consequences

It is tragic anytime someone suffers serious injury or wrongful death in a car accident in Jackson or the surrounding areas of Mississippi.  When the accident is caused by completely avoidable behavior, such as driving under the influence of alcohol, the tragedy is even greater.  Despite significant efforts to reduce the number of serious car accidents involving intoxicated drivers, more than 10,000 drivers per year die in accidents caused by alcohol-impaired motorists, which amounts to an accident every fifty minutes according to the National Highway Traffic Safety Administration (NHTSA).

Many Mississippi drivers presume that their probability of becoming the victim of an alcohol impaired driver is minimal.  Based on statistical evidence, a third of all drivers will be involved in an accident with a drunken driver at some point during their lifetime.  Although stricter drunk driving penalties, more aggressive law enforcement efforts, and public service campaigns might have reduced the number of drunk driving crashes, intoxicated motorists still claim the lives of many innocent victims.

Those who cause car accidents in Mississippi while driving under the influence of alcohol tend to be repeat offenders.  The average drunk motorist drives under the influence of alcohol eighty times before his or her first drunk driving arrest.  Because committing DUI poses such a substantial risk of causing a serious motor vehicle accident, a judge or jury will often award punitive damages in a lawsuit against an alcohol-impaired driver.  The type of conduct required for an award of punitive damages is much more egregious than a finding of negligence under Mississippi law.  An award of punitive damages requires the conduct of the perpetrator rise to the level that it constitutes gross recklessness or intentional, wanton, or malicious conduct.  Drunken driving is exactly the type of recklessness that might justify punitive damages.

There have been a wide range of measures designed to curb the practice of driving under the influence of alcohol. Some of the most effective measures include the following:

  • Stiffer sentences for drunk drivers, which includes mandatory minimum sentences
  • Imposition of zero tolerance DUI policies for drivers under 21
  • Reduction of the Blood Alcohol Concentration (BAC) standard to .08 percent on a national basis
  • Increased use of sobriety checkpoints and roving patrols
  • Widespread use of ignition interlock devices

These are just a few examples of the methods employed to reduce the risk of serious auto accidents caused by drunk drivers in Jackson and the surrounding vicinity.  Ironically, many drivers who are intoxicated believe that they are actually more alert and able to drive because alcohol impairs their perception and judgment.  Drunk driving is especially dangerous because it compromises a variety of necessary driving skills.  Some of the types of driving skills that are adversely impacted by alcohol include:

  • Reaction and braking time
  • Judgment and decision-making
  • Coordination and control of motor functions
  • Vision and hearing

It should never be the case that someone is killed by a drunk driver because these accidents are so easily preventable.  At Barrett Law, we believe that drivers who engage in this type of reckless driving behavior show a conscious disregard for human life and public safety.  We are committed to aggressively pursuing justice for victims of alcohol-impaired drivers and seeking the maximum possible financial compensation for those injured or killed by intoxicated motorists.

While there have been substantial efforts to reduce the number of fatal Mississippi car accidents, many victims suffer serious injuries or wrongful death at the hands of drunk drivers.  The knowledgeable and experienced attorneys at our Mississippi Auto Accident Lawyers offer a free initial consultation so that we can evaluate your claim.  Contact Barrett Law, PLLC today at 800.707.9577 to schedule your free consultation.

/by

Mississippi Auto Accident Attorneys Discuss Myths About Auto Accidents

If you or a loved one has recently been injured in a car accident, you are probably feeling a range of emotions and significant anxiety.  When coping with the pain and suffering associated with your injuries, you might be overwhelmed by the prospect of navigating the claims process, dealing with insurance companies, and managing spiraling expenses associated with your accident. These obstacles can be magnified by a lack of familiarity with the claims process and the challenge of negotiating insurance and legal obstacles.  In this blog post, our experienced Mississippi Auto Accident Injury Lawyers demystify the process by dispelling common myths about car accident claims. Keep reading to learn more!

Myth No. 1: I Don’t Need an Attorney to File a Car Accident Claim

Although you theoretically can handle your own auto accident claim, the fact that you have the right to do so does not make it a good idea.  Insurance companies salivate at the prospect of devouring injury victims that do not have the benefit of an experienced Mississippi Auto Accident Lawyer.  Attorneys who routinely handle auto accident case understand the tactics used by insurance companies to avoid paying claim, as well as the legal, procedure, and evidentiary standards for navigating the litigation process.  Because well-established personal injury law firms will have established relationships with individuals with specialized knowledge, such as accident reconstruction experts and medical experts, they can effectively work with expert witnesses who might be necessary to your case.  Car accident victims almost certainly will recover less compensation without legal representation.

Myth 2: The Insurance Company Will Reach a Fair Settlement

Many people presume that since the at-fault driver paid premiums for coverage, the insurer will pay the reasonable value of a liability claim for personal injuries.  However, insurance carriers maximize their profits by denying as many claims as possible and underpaying claims.  The other driver’s insurance company has a duty to accept reasonable settlements to protect their insured from a judgment that exceeds policy limits, this duty has nothing to do with treating an injury victim fairly.  If the insurance company can find a basis to deny the claim or to mitigate the amount paid to a policyholder in damages, the insurer is strongly motivated to minimize the amount paid.  The insurance company might unjustifiably claim that the injury victim shares a significant amount of the fault for causing the accident.  Alternatively, the insurer might contend any permanent disability is unrelated to the accident.  Law firms that have been representing personal injury victims for decades have the knowledge and experience to anticipate and respond effectively to such strategies.

Myth No. 3: I can wait until I have fully recovered and get back on top of things to pursue a legal claim.

Insurance companies have no reason to pay a claim once critical deadlines have passed.  The statute of limitations is a timing requirement that indicates the period of time that an injury victim has to file a lawsuit.  The statute of limitations for filing a lawsuit for injuries suffered in a car accident generally is three years in Mississippi, but special rules may apply depending on the identity of the victim and the circumstances surrounding the accident.  If a lawsuit is not initiated before the statute of limitations “runs” (or expires), the lawsuit typically will be permanently barred.  If you are suing a government entity because your accident involved a dangerous road, there might be even shorter time limits for providing notice to the public entity.  The entire process of litigation is governed by strict timing requirements, so it is important to seek legal advice as soon as possible following an accident.

Call a Mississippi Auto Accident Lawyer You Can Trust to Pursue the Compensation You Deserve

If you have been injured in a car accident and are unsure whether to pursue a claim, the Mississippi Auto Accident Attorneys at Barrett Law, PLLC are here to help.  Our firm has been advocating for personal injury victims for decades. Contact our firm today at 800.707.9577 to schedule your free consultation, so we can answer questions you might have regarding filing your auto accident claim.

/by

New Uses of Cell Phones by Drivers Might Justify a Universal Cell Phone Ban

Although traffic safety experts and lawmakers have long recognized the danger posed by drivers using cell phones and portable electronic devices, legislative responses to this public safety threat have been uneven.  While some states bar use of a cell phone for calling or texting while driving, other states place no restrictions on receiving or placing cell phone calls.  Specifically, these other states take the approach of allowing cell phone calls but only with a Bluetooth hands-free device.  Said approaches taken by states in imposing cell phone driving restrictions have ranged widely, even as the debate was limited to texting and calling.  However, the massive growth of mobile phone “apps” now makes a ban of all electronic devices behind the wheel worth considering.

Cell Phone Distractions: Beyond Texting and Talking

Most states now have laws that address talking and/or text messaging activity while driving.  For example, Mississippi became the 45th state to ban texting and driving earlier this year.  However, our state has not prohibited making or receiving phone calls on cell phones or limited such use to hands-free calling.  As if the issue of protecting public safety from multi-tasking drivers was not complicated enough, an array of new distracted driving practices are now gaining popularity, such as:

  • Posting status updates on social media sites
  • Taking “selfies”
  • Playing games
  • Reviewing Facebook pages
  • Using GPS apps
  • Surfing the Internet

The expanding array of ways that motorists are distracted by cell phones makes it worth considering the merits of a complete ban on portable phones and other electronic devices while driving.  The practice of permitting certain uses complicates enforcement of banned activities because law enforcement officers often find it challenging to determine how a cell phone is being used.  Further, the use of a mobile phone to take a “selfie” or post a status update on Facebook would not seem to be any safer than text messaging behind the wheel.

Limitations on cell phone use by drivers makes Mississippi roads less dangerous.  The Mississippi Center for Health Policy has estimated that the ban on texting and driving that was recently enacted would have saved almost a hundred lives between 2008-2112 if the law had been in effect.  A global ban on all portable electronic devices while driving might save many more lives.  The National Transportation Safety Board (NTSB) has recommended that states take this aggressive approach, but none have gone this far as of the writing of this blog post.

While it is unclear whether such a universal ban will become law, our Mississippi Auto Accident Lawyers see the devastating impact of distracted driving far too often.  We encourage all drivers to abstain from using their cell phone, tablet, iPad, or similar devices behind the wheel.  Barrett Law PLLC represents victims of distracted drivers.  Contact our firm today at (800) 707-9577 to schedule your free consultation, so we can answer questions you might have regarding filing your personal injury claim.

/by

Mississippi Considering Texting While Driving Bans

Recently, Illinois became yet another state to entirely ban the use of handheld devices while driving.  On August 16, 2013, the governor of Illinois, Pat Quinn, signed legislation that prohibits the use of any handheld device while operating a motor vehicle on any Illinois roadway.  The law becomes effective January 1, 2014.  Illinois previously had significant restrictions on the use of hand-held devices while operating a motor vehicle.  Illinois will become the twelfth state to implement such a ban.  Other states with the ban include California, Connecticut, Delaware, Hawaii, Maryland, Nevada, New Jersey, New York, Oregon, Washington, and West Virginia, as well as the District of Columbia.

Nationally, such restrictions are a growing trend.  Most states have at least some restrictions on the use of handheld devices while operating a motor vehicle.  All but nine states have banned text messaging while driving, as has the District of Columbia.  Young drivers’ use of hand-held devices is limited in thirty-seven states. Arizona, Montana, and South Carolina are the only three states that have no restrictions whatsoever on the use of hand-held devices, whether talking or texting, while driving.

Additionally, federal law bans the use of hand-held devices by commercial drivers and bus drivers.  The Federal Motor Carriers Safety Administration (FMCSA) creates these restrictions.  It also provides for fines and penalties against drivers caught violating the restrictions.  It is well-established that the use of hand-held devices while driving increases the risk of motor vehicle accidents.  One study done for FMCSA indicated that the risk of crashes or traffic violations is more than 23 times higher for drivers text while driving.

Mississippi has laws in place that limit texting while driving.  Under current Mississippi law, drivers with a learners permit are prohibited from texting while driving.  The use of hand-held devices is also banned for bus drivers if minor children are on board the bus.  No other limitations or restrictions exist regarding the use of hand-held devices while driving.  However, the Mississippi Senate Transportation Committee recently held hearings regarding implementing additional restrictions in the 2014 Senate session.

Senator Sally Doty seems to be in support of additional restrictions, stating that texting while driving endangers the lives of both the individual engaging in the action as well as others on the road, but did concede that restrictions can be difficult to enforce.  Senator Hob Bryan expressed concern that general restrictions do not take into consideration factors such as the remoteness of the roadway being travelled.  Despite these conflicting interests, many critics of Mississippi’s lack of restrictions have recently begun more strongly voicing their concerns.  Many newspaper articles have been written over the last several years strongly advocating for increased restrictions in Mississippi.

Nationally, there has also been a trend in lawsuits being brought involving the use of hand-held devices while driving, alleging that drivers were texting while driving and therefore negligent in causing accidents.  Even more recently, assertions of negligence have been brought against individuals texting a driver because that individual knew the driver was operating a motor vehicle at the time.  To date, these lawsuits have been unsuccessful.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents in Mississippi for decades.  If you or someone you love has been injured in a motor vehicle accident, please contact us today to discuss your rights.  We can be reached at (800) 707-9577.

/by
,

The Power of An Automobile Accident

In our lives we never truly can predict what tomorrow will have and hold for us. While we can predict some aspects of our lives such as our weekly tasks, how long traffic will usually take, or what the special at the deli will be for the day we cannot predict some major things that could alter our lives forever. One example would be that of driving. Every time we get behind the wheel of a motor vehicle we expect that we will encounter a few things on our way to our destination such as other motorists, traffic signs and signals, and possibly a law enforcement officer. However, none of us truly expect or predict that we, ourselves, will be the next ones involved in an automobile accident.

Cause, and Effect

Today, automobile accidents occur each and every day whether we actually see them or not. While automobile accidents vary on scale from simple to severe one thing can be expected to be a result, which is that of damage. When you are involved in an automobile accident you can automatically assume that not only your vehicle is damaged, another vehicle, stationary objects outside the vehicle, but also yourself. The majority of automobile accidents usually end with an individual injured, or even killed.

What You Can Expect

Recently, one case truly highlights would could easily happen to you, or a loved one while on the road. A mother and her three-year-old daughter were on the way home after a long day of errands, and preschool, which led them into a construction zone where traffic was being delayed. The mother followed the pattern of traffic, slowed, and eventually stopped with the rest of traffic. However, a semi-truck trailer collided with her vehicle from the rear, which resulted in the mother’s vehicle being engulfed in flames in a matter of seconds. As a result, the mother and her daughter were killed, which has now left not only a husband, but also a father without his loved ones.

Remember, when you or a loved one is involved in an automobile accident of any kind you have the right to fight for the potential damages you may be entitled to. However, in order to do so you need the help, guidance, and support of an experienced auto accident attorney from start to finish.

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.

/by
,

Pedestrians and Headphones: What Can You Expect?

Driving, as everyone is well aware of, is one thing that we find ourselves doing almost every day. In order to get from one place to another either for professional, or personal reasons we rely on transportation methods, which usually involves us behind the wheel of an automobile. The majority of individuals today own some type of motor vehicle in order commute and travel conveniently on their time. However, accidents and mistakes can easily occur while we are on the road whether they are due to other individuals, or ourselves. Yet, would you be under the impression that pedestrians cause a large number of automobile accidents today?

Walk This Way?

When we learn how to drive we learn the infamous rule “Pedestrians always have the right of way.” but is this really that accurate of a statement? Today, technology has helped with many various means of transportation even that of pedestrians who are just walking from one place to another. In many cities, and suburban areas aside from traffic lights you can also see specific pedestrian traffic lights as well, which tell pedestrians when they can and cannot walk. Easy enough concept, right? Apparently not. Actually, today the majority of pedestrian related accidents are caused by pedestrians themselves and their own lack of safety.

Headphones: Listening or Ignoring?

When it comes down to pedestrian responsibilities the only real one they have is to walk across the street at an appropriate, and indicated time. Yet, today, most pedestrians are not really taking this seriously and try to multitask while they walk, like many drivers today. Many pedestrians enjoy listening to their personal mp3 players, or iPods while commuting, which requires the user to have their headphones in their ears. However, apparently the phrase you “can’t walk and chew gum at the same time” are now applying to individuals and them using their mp3 devices when walking.

Pedestrians accidents related to headphone usage are not limited merely to that of automobiles, but also trains. In one case, a young boy had a hood over his head walking, and had earphones in, and proceeded to cross over a set of train tracks. Unfortunately, the boy was struck by the train and killed instantly as a result of failing to properly pay attention.

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.

/by

Addressing Loss of Future Earnings Following an Auto Accident in Mississippi

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

What You Will Need to Recover Lost Wages

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

What are Work Restrictions?

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

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

Document All Lost Wages

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

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

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

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

/by

Automobile Accidents Caused by Adverse Weather Conditions

An auto accident can be caused by a multitude of factors, such as product defects associated with vehicles systems or components, driver negligence like drunk or distracted driving and/or a poorly designed roadway.  If you are injured by the negligence of a third party whether another driver, manufacturer of your car or even a public entity, you may have a right to bring a personal injury action for your serious injuries and loss.  Generally, negligence in the context of a Mississippi auto accident is an act or omission that causes a motor vehicle accident which does not conform to a reasonable standard of care to prevent car accidents.  Careless or reckless driving practices including drunk driving, distracted driving, speeding, tailgating or failing to obey traffic signals and laws are common examples.

Adverse weather conditions also are a common cause of Mississippi car accidents and increase the risk of being involved in a serious Mississippi auto accident.  Whether the road is slippery, icy or rain causes a particular glare on the road, extreme weather conditions can impact one’s ability to drive safely. It is widely accepted that in times of hazardous or adverse weather conditions, it is important to exercise extreme caution to avoid the possibility of being involved in a serious Mississippi car accident.

Drivers who do not drive safely for existing weather and road conditions cause many serious Mississippi auto accidents.  Unsafe drivers often drive as if weather conditions are perfect including following too close, speeding and frequently changing lanes.  The more careful you are to protect yourself by slowing down, wearing a seat belt and allowing extra following distance the better chance you have to protect yourself from the negligence of other drivers.

As recently as February of this year, Mississippi was the location of weather related traffic fatalities.  One of these fatal Mississippi car crashes was caused by ice on the road, which resulted in the tragic death of the woman.  Sadly, she was not wearing a seat belt, which might have saved her life.  Other weather related accidents across Mississippi lead to fatal wrecks, gridlock, and drivers getting stranded.  The emotional, physical and financial impact of any car accident can be devastating, but adverse weather, such as rain or fog, often results in a deadly chain reaction car crash.  A recent example involved a tractor-trailer, which crashed into a Jeep during a Colorado snowstorm and caused a multi-car pileup.

It is often difficult to determine who is at-fault in situations where adverse weather becomes a factor in a serious car accident.  The insurance company for the negligent driver may blame the auto accident on the weather and claim that the accident was unavoidable.  This is rarely the case because most weather related car accidents are the result of drivers who fail to properly appreciate the impact of adverse weather conditions and adjust their driving practices accordingly.  Most of us have experienced drivers zooming by in an adjacent lane when visibility is limited by fog or the surface of the roadway is slick because of rain.

Unfortunately there will always be drivers who are unwilling to slow down and be more cautious even when the roadway is wet or visibility is limited.  It is important that every driver employ defensive driving measures, such as driving slowly, using alternate routes, maintaining a safe following distance or simply staying home until the weather passes.

Sometimes serious Mississippi auto accidents will happen no matter how reasonably you drive or what precautions you exercise.  The physical, emotional, and monetary effects that result from a serious Mississippi car accident can be devastating.  You may have a right to compensation for your damages including loss of income, pain and suffering, medical and hospital expenses, permanent disfigurement or disability and other damages.  If you have been injured by a negligent or reckless driver who refuses to respect adverse weather conditions in a Mississippi car accident, the experienced Mississippi auto accident lawyers at the Barrett Law, PLLC to diligently represent those injured in serious Mississippi car accidents.  We can carefully investigate your auto accident and advise you regarding your right to financial compensation for your injuries and loss.

Our personal injury law firm has been helping people for over 75 years and offers a free no obligation initial consultation so call us today at (662) 834-2376.

/by