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Mississippi Car Accidents Caused by Tire Defects

Auto accidents from tire defects are more common than most people realize.  Every year, more than 15,000 vehicle accidents are due to blowouts involving defective tires. Sometimes these accidents result from failure to replace worn out tires or to maintain proper tire pressure. However, all too often tire blowout accidents are caused by the defective manufacturing of the vehicle or use of substandard materials.

When tires blowout, it typically is due to the shredding of the tread layers.  When investigations are conducted on car accidents that are believed to be due to tire defects, the investigators will inspect the steel and rubber in steel belted radials to determine if they are properly bonded together.  If the bonding process fails, this creates a serious risk of car accidents caused by tire blowouts.  A number of tire manufacturers have had their tires recalled because of tread separation due to design or manufacturing defects.  When tread separation occurs it can cause the tire to blowout or make the vehicle very difficult to control.

Another issue that can cause tires to be defective is if the material used in the manufacturing process is contaminated with objects like sawdust, candy wrappers, and cigarette butts.  If the size of the material does not match the size of the tire or if air is found between the layers of the tire, a blowout may result.

Tire and car accident lawyers have a legal obligation to produce tires that are free from defects that may cause injury to motorists.  Businesses that manufacture and distribute tires may cut corners in the production process to increase profits.  In recent years, there have been a number of defective product lawsuits in which tire manufacturers have been found to have produced defective tires that caused serious tire blowout accidents or accidents where drivers lost control of the vehicle.  Rollover accidents can be particularly dangerous often resulting in roof crush injuries or vehicle ejections.  When either situation occurs, the likelihood of catastrophic injuries or wrongful death is substantial.

Along with tire manufacturers, car makers can also be liable for car accidents caused by defective tires including tire blowout accidents. It is their duty to make sure that every part of the car is free of defects and safe to drive.  The vehicle manufacturer may be liable even if the manufacturer claims that the car has been inspected and is in good condition.

If you or your loved ones are involved in a Mississippi car accident, the experienced Mississippi car accident lawyers at Barrett Law Office PLLC diligently pursue the rights of those who suffer injured caused by the negligence of others.  If your Mississippi car accident was caused by a tire blowout, we can perform an investigation to see if it was due to defective tires.  The Barrett Law Office PLLC has roots that date back over 75 years providing diligent and compassionate legal representation to Mississippi auto accident victims.  Call us today for a free initial case evaluation at (662) 834-2376.

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Rural Areas in Mississippi May Pose Greatest Risk of Serious Car Crashes

Most people presume that the greatest risk of being involved in a serious car accident is in the biggest cities within Mississippi because of increased traffic congestion.  This belief is the reason many drivers speed in rural areas because they have a false sense of security about the likelihood of being involved in a collision because there are fewer vehicles on the road.  Ironically, these intuitive feelings that many have are not supported by auto accident data.  Car accidents are more common in rural areas and the resulting injuries from such accidents are also more severe.

Although only about a quarter of the U.S. population lives in rural areas, these areas account for well over half of all auto accidents in the U.S according to data from the National Highway Traffic Safety Administration (NHTSA).  There are a number of reasons that may contribute to this counterintuitive result including the following:

  • Drivers in rural areas tend to drive at higher rates of speed
  • An Increased risk of alcohol impaired drivers in rural areas
  • Drivers in rural areas may be less attentive or vigilant
  • Rural areas may promote driver fatigue or drowsy drivers

Speeding is a substantial risk factor linked to the increased accident risk in rural areas. The lack of traffic congestion in rural areas is a double-edged sword.  While there are fewer drivers and vehicles with which to contend, the average speed of traffic is greater meaning that drivers can more easily lose control of their vehicle and have less response time when confronted with a potential auto accident hazard.  According to NHTSA data, speeding was a significant factor in 33% of all rural car accidents.

Drivers who operate their vehicle while under the influence of alcohol also play a major part in the high accident rates associated with urban areas.  Alcohol was a factor in 13 percent more rural accidents then accidents in urban centers.  Because high rates of speed and alcohol impaired driving are common causes of accident fatalities, it is hardly surprising that 57 percent of fatal car accidents occur in rural areas though only 23 percent of the U.S. population resides in rural area.

The sparse volume of traffic and extended stretches with little need to alter speed or direction on rural stretches of roadway can lead to inattention or fatigue.  Because drivers must be alert because of traffic congestion and obstacles in urban centers they are more likely to remain alert and sharp for potential hazards.  This is supported to some degree by data that shows night driving also is more dangerous in rural areas. If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, the experienced Mississippi car accident lawyers represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

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Study of Cell Phone Bans while Driving: The Surprising Results

Distracted driving is widely acknowledged to be a leading cause of serious car crashes.  Mississippi like many states has passed legislation to reduce the risk of distracted driving car accidents caused by cell phones.  Mississippi prohibits text messaging while driving among new drivers with a learner’s permit, intermediate or temporary license.  Many other states have far more extensive bans on cell phone use while driving including bans on texting for all drivers or hands free calling only limitations.

While it was generally presumed that such legislative efforts would reduce cell phone related car accidents.  These assumptions are now being called into question based on the results of a surprising new study indicating that current hands free cell phone laws have not been effective in preventing auto accidents caused by mobile phones.  According to the results of the study, bans on cell phone use and texting while driving also have not resulted in a reduced risk of car accidents.

The study revealed that cell phone bans have not had a significant impact on auto accident rates despite declines in cell phone use while driving.  While the study authors are not suggesting changing the laws designed to limit mobile phones while driving, they are suggesting that states without cell phone bans avoid enacting new laws until further research can be conducted regarding the relationship between mobile phone use while driving and car crash rates.

The results of the recent study confirm prior research suggesting that cell phone bans do not prevent distracted driving accidents.  A prior study conducted by the Highway Loss Data Institute looked at cell phone related car accidents prior to and following cell phone bans in California, Connecticut, the District of Columbia and New York.  The study also revealed that there was not a significant change in the fluctuation of auto accident rates before or after the ban in the states that enacted the bans or neighboring states without bans.

The researchers in both studies are puzzled by the results of the studies.  There is wide agreement that cell phone bans result in a sharp decline in cell phone use while driving.  It is also widely agreed that there is a strong correlation between cell phone use while driving and car accidents.  Some have speculated that the bans have not resulted in fewer auto accidents because drivers simply switch to hands free calling.  However, studies have indicated that there does not appear to be in any difference in accident rates in states with hands free cell phone use laws.

While the results of this study are somewhat confounding, distracted drivers cause many Mississippi car accidents.  The recent study also revealed that drivers are distracted as much as 50 percent of the time.  If you have been injured by a distracted driver in Mississippi, the experienced Mississippi car accident attorneys at Barrett Law Office offer a free no obligation initial consultation so call us today at  (662) 834-2376.

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Unsafe Rental Car Accidents Can Ruin Summer Vacation Plans

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

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

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

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

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

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

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Comparative Negligence for Assuming Compliance with the Rules of the Road

An interesting question arises in accidents wherein Mississippi car accident victims assume that the other driver will obey the rules of the road (i.e. comply with right of way laws), but the other driver fails to do so which results in a serious auto accident.   Because Mississippi follows the legal doctrine of comparative negligence in auto accident cases, the question arises whether a driver is negligent for not anticipating a violation of the rules of the road by the other driver.  The consequence of the answer to this inquiry makes it very important.  An interesting issue comes up in a fair number of Mississippi motor vehicle accidents.

Comparative negligence is essentially the failure of an accident victim to exercise the ordinary care of a reasonable person to prevent injury to oneself.  If a Mississippi car accident victim is found to be partially at-fault in contributing to one’s own injuries, the damages awarded for the car accident victim’s injuries may be reduced by the victim’s percentage of fault.  If an auto accident victim were 40 percent at fault in an auto accident then a $100,000 damage award would be reduced to $60,000.  Because the original damage award was the true assessment of the victim’s injuries, such a reduction can mean very harsh results.  A practical example of how the legal principle of comparative negligence is affected by a failure to anticipate violations of Mississippi’s rules of the road is provided by the Mississippi case of Busick v. St. John, 856 So. 2d 304 (Miss. 2003).

In Busick, the injured auto accident victim filed a personal injury lawsuit contending the other driver was negligent in operating her vehicle, which caused a parking lot collision. A jury in Rankin County, Mississippi, found that the defendant’s driving conduct was not the cause of the injured victim’s serious spinal injury so the injury victim recovered no compensation and appealed the unfavorable verdict.

The evidence established that the injury victim was driving along the side drive of a parking lot. The other driver was stopped at a row of bushes that cut her visibility as she was exited the parking lot.  The defendant inched forward but stopped when she saw the injured person’s vehicle coming.  The injured person admitted she continued to travel 300 feet, making no attempt to stop before the collision.  The court considered the issue of the injury victim’s reliance on right of way rules (i.e. the rules of the road).  The court held that the rules of the road did not apply because the accident occurred on private property so ordinary negligence rules applied.

However, the law in Mississippi provides that a driver having the right of way may assume that the driver of the other car will stop his car before entering an intersection, but this general rule has limitations.  While a motorist has a right to assume that the driver of a vehicle proceeding toward an intersection will obey right of way rules, this right exists only until the accident victim knows, or in the exercise of ordinary care, should know otherwise.  While the driver in the Busick case had a right to presume that the driver exiting the parking lot would obey the rules of the road, once it was obvious that the driver was violating right of way, the court found the injury victim had an obligation to take reasonable precautions for the victim’s own safety.  The tragedy of this case is that the victim suffered a serious spinal injury but recovered nothing because of the victim’s degree of fault in the accident.

If you or someone close to you suffers a serious injury or wrongful death in a Mississippi car accident, the insurance company will often look for grounds to assert that you are partially at-fault for your own injuries.  This can have a devastating impact on your ability to pay medical bills or compensate for past and future lost income.  It can even result in an accident victim receiving no compensation for one’s injuries as in Busick depending on one’s degree of fault.

The experienced Mississippi car accident attorneys at Barrett Law, PLLC are very familiar with insurance company defense strategies including blaming the victim.  We carefully investigate the facts of our client’s cases so that we can build the evidence needed to assign liability and fault to the party responsible for our client’s injuries.  If you have been injured or have lost a loved one in a serious motor vehicle accident in Mississippi, the attorneys at Barrett Law, PLLC may be able to help so call us today at (662) 834-2376.

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Teen Texting While Driving: Parents Are Last Line of Defense

If you are a parent of a child old enough to own a cell phone or iPod, you probably have experienced the frustration of trying to get your child’s attention as they stare at their electronic device and type frantically with their thumbs.  You repeat yourself several times and finally give up knowing your child has disappeared into the teen world of texting.  Unfortunately, the teen obsession with texting goes from being frustrating to extremely dangerous when a teen driver continues this practice behind the wheel of the family car.  Car accidents remain the leading cause of fatalities for teenage drivers.

The problem is increasing with the growing danger of teen texting while driving.  The National Highway Traffic Safety Administration (NHTSA) indicates that of teenagers who text as many as one in three indicates they have done so while driving.  If you have been seriously injured or have lost a loved one in a car accident in a Mississippi teen texting accident, you may be entitled to compensation for your loss.  Our experienced Mississippi auto accident law firm can provide an initial evaluation of your case.

Teen drivers who are involved in texting while driving are distracted mentally, physically and visually.  According to the NHTSA, distracted driving accounts for 16 percent of all car accident fatalities and 20 percent of all auto accident related injuries.  A serious motor vehicle accident is often the result of being only slightly delayed in responding to a road hazard that requires one to brake or swerve.  Texting while driving may distract a driver’s attention from the road for as long as five seconds at a time.  A study conducted by the Virginia Tech Transportation Institute study found texting while driving increases the risk of being involved in a car crash as much as 23 times.

Texting and driving is rapidly becoming one of the most dangerous distracted driving practices.  Teenagers who text and drive increase the risk inherent in texting while driving because of their inexperience.  Mississippi legislators recognize this increased risk and have passed legislation prohibiting texting while driving by inexperienced teen drivers.  A recent survey of teenagers revealed that even legislation and education aimed at helping teenagers understand the risk associated with texting while driving does not seem to be making significant progress.  The survey revealed that while 84 percent of teens were aware of the danger posed by distracted driving 86 percent of teens admit to engaging in such behavior.

Some parents are taking proactive measures to protect their children from being involved in a serious texting while driving accident.  Some parents monitor their children’s phone use and compare records of cell phone use with times a teenager is driving.  A number of parents are even having technology installed in their vehicle that will disable a cell phone when the car is moving.  We can only hope that as parents become more proactive, these steps will succeed where Mississippi’s anti-texting law and public service campaigns have been less than an enthusiastic success.  Distracted driving accidents related to texting while driving will continue to cause catastrophic injuries and fatalities.  Our experienced Mississippi distracted driving attorneys represent clients throughout the state who are involved in serious motor vehicle accidents.  If you have been injured or loved one has been killed, our experienced Mississippi car accident attorneys will advise you of your rights and provide an initial case evaluation.

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