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Mississippi Car Accident Lawyers Discuss Study Indicating 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 of the number of drivers that own these portable communication devices.  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 ATT&T study found the following disturbing results regarding the prevalence of frivolous uses of cell phones while driving:

  • 27 percent of drivers between the ages of 16 and 65 use cell phones for Facebook.
  • 14 percent of drivers use cell phones for Twitter.
  • 30 percent of motorists admitted using their cell phone to tweet “all the ”
  • 28 percent surf the web.
  • Over 10 percent use Snapchat and Instagram.
  • 17 percent use their cell phone to take selfies.
  • More than 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 accident-related injuries and fatalities.  However, an increase in new types of mobile phone uses 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 according to the NHTSA.  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 based on data from the agency.

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.  Victims of distracted drivers should seek legal advice promptly following a collision because distracted driving can be difficult to prove.  Texting on a cell phone might be proven by obtaining cell phone records from a phone carrier.  Other types of use of a cell phone such as selfies, social media posts, and similar activities might be established through the effective use of discovery tools and an investigation.

If you have been injured in a car accident in Jacksonville or the surrounding areas, our Mississippi Car Accident Lawyers have successfully represented many victims of negligent drivers.  At Barrett Law, we are here to help.  Contact our law firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Mississippi Car Accident Lawyers Discuss Strategies for Identifying a Viable Defendant

When car accident victims are involved in a collision in Mississippi, they often face challenges in identifying a viable responsible party to sue.  A motorist who slams into you from behind might lack sufficient insurance coverage to compensate you fully for your losses.  Alternatively, the at-fault driver might even flee the scene. Despite an exhaustive investigation, many car accident victims cannot track down the driver responsible for their injuries even with assistance from law enforcement officers.

Tragically, some injury victims simply give up when they learn that the other driver cannot be identified or does not have insurance.  Our experienced Jackson County car accident attorneys at Barrett Law have successfully assisted many car accident victims facing this difficult scenario.  This blog discusses some effective strategies for dealing with a situation where the most obvious at-fault party (i.e. the other driver) is not a viable defendant.

Liability of Other Parties

Third-parties (i.e. not a driver of either vehicle) often play a role in causing a 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 employs the driver might be responsible for your injuries. These cases can be complex because the employer often disputes whether the particular tasks that the driver was performing at the time of the crash were within the scope of employment.  Mississippi law does not make it dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.

An owner who entrusted the negligent third-party with the vehicle also might be liable for a crash victim’s injuries. When people entrust their vehicle to a person who lacks the maturity, competence, or responsibility to drive safely, they can be liable for negligently entrusting a vehicle to a third-party.  For example, a vehicle owner might lend his car to a friend who the car owner knows has a history of driving under the influence of alcohol or a pattern of past traffic accidents.  The imprudent decision to provide a vehicle to a driver with this background could provide a basis for imposing liability on the vehicle owner.

Another party that might be liable for your injuries includes a public entity that designed or maintained an unreasonably dangerous roadway.  Our experienced Mississippi car accident attorneys always explore the possibility of liability of a public entity, but the potential liability of a municipality, county, or the State of Mississippi is especially important.  Public entities that know or should know of dangerous roadway conditions can be financially responsible for failure to make a roadway safe or failure to provide adequate warnings of potential hazards.  Special requirements and deadlines apply when suing the government, so you should seek prompt legal advice from an experienced Jackson auto accident attorney.

An automaker that produces a defective automobile also might be liable for your injuries if the defect contributed to your car accident.  Companies that design, manufacture, or sell motor vehicles and their components can be liable for product defects that contribute to a collision.  Since you are seeking damages against large companies in this situation, you should talk to a personal injury attorney with a proven track record in lawsuits against large corporations.

Uninsured Motorist (UM)/Underinsured Motorists (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 uninsured motorist UM coverage.  Uninsured motorist coverage is optional supplemental insurance coverage that can provide compensation 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 when the at-fault party does not carry enough insurance coverage to compensate you for all of your loss. Your underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.

If you are in a Mississippi auto collision caused by an uninsured or underinsured driver, our Mississippi Car Accident Lawyers have successfully represented many crash victims.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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Common Mistakes People Make After Suffering Injury in an Auto Accident

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

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

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

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

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

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

 

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Mississippi Car Accident Attorneys: Distracted Driving Awareness Month Has Arrived

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Delayed-Symptom Injuries Experienced in Mississippi Auto Accidents

Delayed-symptom injuries frequently are experienced in automobile accident, so the effect of a motor vehicle collision on the human body often appears to be deceptively minor.  While some serious car accidents involve injuries that obviously require immediate medical attention, others may involve hidden injuries that do not surface until sometime after the accident.  In these instances, a Mississippi auto accident victim may not immediately notice that he or she even has an injury following a car crash and only discover later that he or she has potentially serious symptoms.

Commonly reported symptoms or injuries that may not become apparent until sometime after a Mississippi car accident include:

  • Whiplash
  • Concussion
  • Headaches
  • Vision problems
  • Internal bleeding
  • Sprains
  • Back pain
  • Traumatic brain injury

 

Individuals who are involved in a car crash should make sure to promptly visit a medical professional if they experience any pain, problems with mobility, or other health problems.  Many of these types of delayed-symptom injuries occur in car accidents because of the sudden back and forth motion the body is subjected to upon impact with another vehicle or a stationary object.  The force of an abrupt stop is traumatic on a vehicle occupant’s body.

Delayed-symptom injuries are one reason car crash victims need to obtain a thorough medical evaluation before settling a claim.  Many times an insurance adjuster will try to settle a car crash claim quickly after the accident if you tell the adjuster that you have no injuries or only minor injuries.  If you settle with the insurance company, the adjuster will typically ask you to sign a general release that waives all past, present, and future claims, which includes claims related to injuries that you do not even know exist.  If you suffer a delayed-symptom injury and settle the claim before symptoms become obvious, you might not even receive enough compensation to cover your medical expenses.  This can devastate a family financially and even result in bankruptcy.

For example, a compression fracture of the spinal column is a serious delayed-symptom injury that results in a compressed or crushed vertebrae in your back.  This is a fairly common injury in rear-end collisions or vehicle crashes involving a non-moving automobile or object.   After this type of collision, the car crash victim may simply feel sore at first, but the pain often steadily increases to a debilitating level after a period of time.

Without treatment, delayed injuries can damage the joints, discs, spinal cord, muscles, nerves, and ligaments in your back and/or neck. Your injury can even result in a permanent life-long disability.  Prompt medical attention that includes diagnostic scans, such as MRIs. X-rays, CT scans, and other tests often provide compelling evidence regarding the severity and cause of your injuries.

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

 

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Speeding Increases the Frequency and Severity of Mississippi Car Accidents

Almost everyone violates the speed limit or drives faster than one should given road and traffic conditions at some point.  While many motorists perceive speeding as a minor infraction that has no real consequence, a significant number of people are killed throughout Mississippi and the U.S. every year by drivers guilty of speeding.  The faster a vehicle is moving the more stopping distance it needs when applying the brakes to avoid a car accident.  A car also is less responsive and more prone to rollover at high rates of speed when a driver engages in sharp steering maneuvers.  Further, vehicles occupants are more likely to be involved in a car accident when driving at a high rate of speed and experience more severe injuries.

Our Mississippi speeding accident attorneys have successfully represented many victims of speeding drivers.  Because car accidents that occur at a higher rate of speed result in a more intense impact, it is important to have an experienced car accident lawyer who has handled a substantial number of car accident claims involving catastrophic injuries and wrongful death.

The danger of being involved in a speed-related accident is substantial given that ninety percent of all drivers admit to speeding, and 75 percent admit to doing so regularly.  Some people justify speeding based on the fact that they exceed the speed limit by only a small margin.  The problem with this reasoning is that even exceeding the speed limit by only five mph can cause a serious car accident depending on where the speeding occurs.  Speeding is a significant factor in as many as one-third of all fatal car accidents.  The relationship between increased speed and traffic collisions is demonstrated by a study conducted by the Insurance Institute for Highway Safety (IIHS), which revealed that increased speed limits resulted in a rise in the number of car accidents and auto accident-related fatalities.

Excessive speed frequently is combined with alcohol and other collision risk factors.  An accident victim typically must establish the negligence of the other driver to recover for injuries.  Exceeding the speed limit or driving too fast for weather or road conditions often constitutes negligence.  Speeding increases the probability of a driver being involved in a Mississippi car accident resulting in serious injury in a number of ways that include:

  • Speeding decreases the amount of reaction time a driver has to engage in evasive maneuvers.
  • Excessive speed increases the risk of skidding on icy or wet roadways.
  • Stopping distance increases significantly as speed increases.
  • Speeding increases the force of impact in a collision with another vehicle, pedestrian, or fixed object.
  • There is an increased risk of losing control of a vehicle when turning if a driver is speeding.

If you have been involved in a serious car accident in Mississippi caused by a speeding driver, Barrett Law provides a thorough investigation of the facts, extensive legal research, meticulously drafted pleadings and motions, as well as compelling courtroom advocacy.  The knowledgeable and experienced attorneys at our traffic accident injury law firm offer a free initial consultation so that we can evaluate your claim.  Contact the Mississippi Car Accident Lawyers at Barrett Law today at 800.707.9577 to schedule your free consultation.

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Why Auto Accident Injury Victims Need Legal Advice Even If They Might Be At Fault

If you suffer serious injury or someone you love dies in an auto collision in Mississippi, you might experience severe pain, intense anxiety, disabilities, disfigurement, and a long grueling process of rehabilitation.  These difficult physical and emotional challenges can be even more upsetting when you are faced with financial obstacles like high medical bills, prolonged periods off-work, and even an inability to return to work.

Although injury victims have the option of pursuing a legal claim for damages for such a loss, many people never pursue a claim or even talk to their insurance company, especially if the other driver did not suffer significant vehicle damage or any injuries.  A common reason that many people elect not to pursue an auto accident settlement or judgment is because they assume they are at-fault for causing the crash.  Motorists might base their assumption on a traffic ticket, law enforcement accident report, witness feedback (such as passengers or the driver of the other vehicle), or the driver’s own conclusions.  This blog analyzes why collision victims should not simply rely on the conclusions of an accident report or an investigating police officer.

Why Police Accident Reports Might Be Wrong Regarding the “At-Fault” Driver

While the fact you received a traffic citation or you were identified as the “at-fault” driver in a police report is certainly important, police officer and the reports they prepare do not constitute the final word on liability for a car crash in Mississippi.  There are a range of reasons the report might be inaccurate, such as:

  • The injured driver was rushed to the hospital to receive medical attention, so the officer only heard the other driver’s version of the accident.
  • Mistakes might have been made during the investigation by the officer that resulted in an invalid conclusion.
  • Witnesses at the scene who were not truthful might have persuaded the officer to write the report in a way that favored their version of events.
  • Police accident investigators often fail to consider factors like unsafe roadway design, construction, or maintenance issues as a cause of accidents.
  • The officer’s interpretation of physical evidence at the scene might be influenced by witnesses who were mistaken because of faulty vision or a partially obstructed view.

These are just a few reasons that the conclusions of the police officer in a law enforcement accident report might be inaccurate.  If you are involved in a crash, you should ask the officer for the report number as well as the name and badge number of the officer.  This information will make obtaining a copy of the report easier after it has been completed.  If you find any missing or inaccurate information in the report that might explain why you were determined to have been responsible for causing the accident, you should contact the officer to attempt to get the information corrected.  The officer might amend the report or write a supplemental report.

Issuance of a Traffic Citation Also Is Not a Good Indicator of Financial Responsibility for a Crash

It also is misguided to rely on the assumption that a traffic citation establishes that the crash was your fault.  There are a number of reasons that receipt of a traffic ticket is not necessarily a reliable indicator that you caused a crash:

The traffic ticket might have been issued for a violation unrelated to the car crash.  The officer might have determined that you had non-functioning headlights during the crash investigation.  Although you might be cited for this violation, your non-functioning headlights would not be relevant to the issue of fault if you are rear-ended while at a stop sign.  Further, people get traffic tickets dismissed all the time, which often is based on the fact the officer did not have sufficient evidence to prove that the person cited engaged in the unlawful driving practice.

Our Mississippi Car Accident Lawyers are here to assist you in learning more about your legal options, even if you may partially or completely be at fault for an accident.  Contact Barrett Law today at 800.707.9577 to schedule your free consultation.

 

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Auto Insurers Count on You Not Knowing the Value of Your Car Accident Claim

If you settle an auto accident claim without obtaining legal advice, it is virtually impossible for you to know whether the settlement offered by the other driver’s insurance company is fair.  Because insurers know that non-attorneys lack the experience to evaluate a liability claim, they frequently take advantage of unrepresented car accident claimants by pushing lowball settlement offers.  The insurance company is well aware that car accident victims face severe financial challenges and frequently rely on this financial pressure to persuade accident victims to settle their case for pennies on the dollar.

An insurance company will often try to persuade injury victims that there is a simple standardized formula for determining the value of a car accident claim.  The insurance company adjuster may even suggest that retaining a personal injury lawyer will only result in a reduced net recovery.  This is a trap, and the insurance company is hoping you fall for this bad advice.

Evaluating a Car Accident Claim More Art than Science: Subjective Damage Factors

There are many subjective factors that are relevant to the proper estimation of the value of damages in a car accident lawsuit.  A few examples of these subjective factors include:

  • Moral outrage generated by the at-fault driver’s conduct
  • “Likeability” of the accident victim
  • Individual life experiences and impact on the victim’s quality of life
  • Persuasiveness and advocacy of your personal injury attorney
  • Closeness and quality of an injury victim’s marriage before and after the collision

This certainly is not an exhaustive list of the subjective factors that are relevant in determining the value of an auto collision claim.  However, these types of factors do not lend themselves to simply being plugged into a mathematical formula.  The weight, relevance, and impact of these factors are largely dependent on effective litigation strategy and persuasive advocacy.

When an insurance company tells you that they determine the value of your claim by use of a mathematical formula, this is misleading.  The insurance company will often multiply your medical costs by a factor based on the seriousness of your injuries.  For example, the insurance company may multiply all of your medical expenses by 1-3 for minor injuries, 4-6 for moderate injuries and 7-9 for serious injuries.  The insurance company adjuster may add to this total lost wages and property loss (i.e. vehicle damage) before making an offer to settle your case based on this calculation.  However, a skilled personal injury attorney often can obtain far more than the amount indicated by this type of simplistic calculation.

Balancing Evidence of Fault vs. Potential Recovery

While a wide array of complex subjective factors are important to determining the value of a car accident claim, the probability of a successful recovery and the amount of the potential recovery also constitute important factors.  Generally, personal injury attorneys consider an inverse relationship between the strength of the evidence of liability and the maximum recovery that might be available when evaluating a case.  In other words, a smaller recovery will still merit bringing a legal claim if the evidence of liability is compelling.  However, the possible recovery will need to be higher to justify the cost of litigation when fault will be a hotly contested issue.

Our Mississippi Car Accident Lawyers cannot guarantee any specific recovery, but we often provide a general estimation of the range of recoveries that might be possible based on an evaluation of your claim.  Contact Barrett Law today at 800.707.9577 to schedule your free consultation.

 

 

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Mississippi Car Accident Lawyers Discuss Special Risks Associated with Left Turn Accidents

While the risk of collisions involving motor vehicles is always present when vehicles cross paths at intersections, left turns present a special risk for pedestrians, motorcyclists, bicyclists, and vehicle occupants.  Based on data from the federal government, approximately 53 percent of all crashes involving vehicles crossing paths involve a left turn while less than six percent involve right turns.  This increased risk of an accident applies to all types of vehicles and even pedestrians.  Left-hand turns were determined to present triple the risk of a fatal pedestrian accident compared to a right turn according to a study conducted by New York City transportation researchers.  Further, the National Highway Transportation Safety Administration (NHTSA) reports that more than one in three fatal motorcycle crashes involve a motorist turning left in front of the rider.  Some traffic safety experts have even advocated that government traffic authorities prioritize safety over convenience by restricting or limiting the use of left turns.

Left hand turns contribute to accidents both by increasing traffic congestion and promoting prolonged stops in front of approaching traffic.  The obvious danger of having a vehicle waiting for cross-traffic to allow a left turn can be completed obviously creates an extended period of exposure for intersecting vehicles.  Since left turns often require delays while waiting for a special green arrow or cross-traffic to clear, congestion created by these delays also tends to promote accidents.

While it might be unrealistic to believe that left turns will be banned or severely restricted, the benefits of such a strategy have led at least one major shipper to adopt such a practice.  UPS has adopted driving practices that entail drivers turn right 90 percent of the time.  Given that UPS is one of the largest shipping and logistics companies in the U.S., it is particularly interesting that the practice has not only proven to make the roads safer but also resulted in improved fuel efficiency.   According to the company, their policy of minimizing left turns has saved millions of gallons in fuel based on a report published in The Washington Post.

Although the issue of liability must be evaluated based on the unique facts and circumstances of each accident, drivers involved in crashes while executing a left turn frequently will be considered at-fault for collisions.  Traffic laws in Mississippi and most states require that a motorist wait until a left turn can be completed safely before entering into an area where there is oncoming traffic.  Since traffic safety laws typically require that a motorist making a left turn yield to vehicles that are oncoming or approaching, the fault of the driver turning left will be almost automatic in most cases.  However, there are exceptions to this general principle, such as a driver that runs a red light or a motorist that exceeds the speed limit when entering an intersection.  Proof of fault also might be more complicated if it was safe to complete the left turn when the maneuver was initiated, but an unanticipated event caused the turning vehicle to stop or slow after commencing the turn.

If you or someone you love has been injured in a car accident caused by a driver executing an unsafe left turn, our law firm can evaluate your situation and determine your right to financial compensation.  At Barrett Law, our seasoned Mississippi Car Accident Lawyers understand car accident victims often feel overwhelmed, and 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 car accident case.

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