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Do Texting While Driving Bans Meet Their Purpose?

Technology is one aspect of our world that certainly has evolved within the past few decades. We as a society have transitioned from computers taking up entire rooms to simply sitting in our lap, or within the palm of our hand. Today, technology can be seen almost everywhere around us whether it is in our office, home, automobile, and even our cellphone in our pocket. One device that has certainly transitioned to better proportions is that of the cellphone. Cellphones in this day and age can have our lives perfectly scheduled, full of our personal information, oh, and can even allow us to communicate on them.

Technology Meets Terrain

Although cellphones certainly help us every single day they are also actually hurting us as well. Driving while texting, or talking on the phone is extremely dangerous that puts all drivers, and pedestrians at risk in one way or another. Many states today have adopted laws that ban texting while driving, and some ban the use of a cellphone entirely behind the wheel. While these laws are set up for our protection, and for our safety during our time on the road are they actually meeting their purpose and doing their job?

The Results of Texting While Driving

The answer is no. Regardless of laws and bans being in place individuals not only within your community or your state, but the entire country are still driving around reckless on the road while using their cellular device. In the past, we can see a large amount of accidents that have occurred as a result of texting while driving. Yet, unfortunately these accidents were not simply incidents that resulted in a fender bender, but ended with an individual receiving a life-long debilitating injury, or were ultimately killed as a result of the accident.

Today, there are many things in our world that we have absolutely zero control over. We cannot control the weather, what song will come on the radio next, or even the events within our day. However, there is one thing that we can control, which is that of our safety on the road. Make sure when you are operating a motor vehicle to stay away from your phone and stick to be safe until you reach your destination.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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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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Preventing Auto Accidents Involving Elderly Drivers in Mississippi

The U.S. Census Bureau is predicting that by the year 2030 there will be 9.6 million people in our country that are over the age of 85.  When it comes to the elderly and driving, this figure is a little daunting because according to a study done by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, fatality rates for drivers begin to increase substantially after the age of 65.  The figures are consistent with the numbers for teenage drivers with about 3 deaths per 100 million occurring between the ages of 75 to 84 and for drivers 85 and older, the fatality rate is about four times higher than that of teenagers.

What Are States Doing to Address the Issue of Car Accidents Involving the Elderly?

These kind of figures and a looming sense of concern for the future has led states across the nation to consider how to better evaluate older drivers to see if they are still safe and competent enough to drive.  As far back as 1995, a study published in the Journal of the American Medical Association indicated that the only scientifically sound method for lowering the fatality rate among senior drivers was to make it mandatory for them to show up at their local Department of Motor Vehicles (DMV) office and renew their driver’s license in person.

Currently, there are only two states – Illinois and New Hampshire – that actually require that older drivers pass a road test.  Most states still do not require senior drivers to renew their licenses in person.  This prevents most states from genuinely assessing an elderly person’s current physical abilities or mental prowess as they relate to driving ability. If an elderly driver’s physical or mental driving skills have diminished over time, there is no system in place to prevent a driver with age impaired driving skills from driving and putting their safety or the safety of others at risk.

There was an incident a few years back where a 90 year old woman backed out of her driveway and displayed an inability to operate her vehicle as soon as she got behind the wheel.  According to her neighbor, she backed over her lawn and the curb before hitting the gas instead of the brake and slamming into another curb behind her.  She drove off oblivious to the havoc she had caused and continued on down the street.  Tragically, she ended up running a red light down the street and ran down a 17 year old girl on her way to school.  The teenager died from her injuries a few days later.  This is an example of someone who could have been identified as someone who was no longer a safe driver with even a minimal screening system.

While there has been a huge focus on teenage driving and how to address that issue, the issue of incompetent elderly drivers in Mississippi has received much less attention.  It is a natural part of the aging process that a person’s reflexes, vision, flexibility and concentration can decline. Some elderly people also take medications that can affect their driving abilities.  It is certainly the case that many senior drivers are excellent drivers, but we risk a growing number of serious auto accidents involving elderly drivers if steps are not taken to identify those senior drivers that should no longer be driving.

Cognitive Impairment

Vision tests do not give a qualitative assessment of a person’s diminished physical capacity and cognitive awareness, but this is all that is being required of older drivers in many cases.  Cognitive impairment refers to a decline in one or all of the following areas: attention, orientation, judgement, short-term memory and visual-spatial skills.  When someone experiences more than one of these conditions, then it is usually referred to as dementia. About 4 percent of current drivers over the age of 75 years of age have dementia according to the Journal of the American Medical Association.

One solution to the problem of preventing Mississippi auto accidents caused by elderly drivers would be to have an senior driver go to an occupational therapist to obtain a comprehensive driver evaluation.  This usually entails an evaluation that would include vision tests, memory tests, cognitive function tests and a road test. The therapist could then recommend that the driver be allowed to continue driving, drive with limitations, update their driving skills or retire from driving. A physician could also conduct a medical exam to help determine whether or not a person is still fit to drive.  While there are costs and other logistical challenges in imposing mental and physical evaluations on senior drivers, there are ways that the roads could be made safer by employing these types of strategies.

Mississippi Car Accident Lawyers

The statistics are frightening and innocent people can get injured or killed by elderly drivers who are still on the road driving even after their mental and physical abilities have declined.  It is also unfair to senior drivers that do not realize their driving skills have declined because they also are placed in danger.  If you or a loved one has been injured or there has been a wrongful death resulting from a Mississippi car accident involving an elderly driver, the Mississippi car accident lawyers at Barrett Law, PLLC may be able to help you obtain compensation for your injuries or loss.  Barrett Law, PLLC represents car accident victims throughout Mississippi and has roots that reach back 75 years.  We have helped thousands of people just like you so call us today at (662) 834-2376.

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Mississippi Auto Accidents Caused by Unsafe Lane Changes

Drivers making erratic lane changes in Mississippi can cause car accidents resulting in property damages, catastrophic injuries and wrongful death.  When a driver changes lanes on the roadway, it is his duty to ensure that the other lane is clear and safe. Turning on the turn signal in a vehicle is the first step in making a lane change. A driver should also double check for traffic by not only using their mirrors but by glancing around over his or her shoulder.

There are a few other steps that drivers can take when making a lane change:

  • Taking only one lane at a time is safer than skirting across two or three at a time.
  • Changing lanes only where it is legal, usually where the lines are dashed, will help to avoid car accidents.
  • Making sure that you are not cutting off another driver and leaving him or her enough room.
  • Changing lanes where there is straight road and no changing traffic patterns occurring will help prevent auto accidents.

These all seem like simple rules to follow, but it is surprising how many drivers ignore these basic guideline on a regular basis.  These accidents are often considered minor in nature compared to some other vehicle to vehicle collisions, but the injuries that a person may suffer might not be so minor.  Some of these Mississippi motor vehicle accidents also result in run off the road accidents, rollover accidents and other serious auto collisions that may cause catastrophic injuries like traumatic brain injury, spinal cord damage, fractures or broken bones, internal organ injuries or even wrongful death.

Insurance companies want to see medical reports documenting injuries when a person makes a claim against the insurance provider’s insured for negligent driving.  The insurance company will want to settle quickly for far less than the value of the claim.  Medical records should include diagnostic scans including CT Scan, MRI and X-Rays.  Even if you feel that your injuries are minor, it is critical to obtain immediate medical care because sometimes serious conditions are not immediately obvious.

Settling with the insurance company quickly is never the best approach.  If you have any injuries at all, no matter how slight they may seem, it is in your best interest to talk with an experienced Mississippi personal injury attorney.  The insurance company wants to settle the case before you have determined the seriousness of your injuries and legal advice revealing the actual value of your Mississippi auto accident claim.  They can talk with you about your case and decide whether the other driver was in fact negligent by making an unsafe lane change.

If you are involved in a serious Mississippi car accident with a driver who makes an unsafe lane change, you may seek legal compensation for your injuries.  Our experienced Mississippi car accident attorneys can help you seek legal compensation including medical expenses, lost wages, pain and suffering and other appropriate compensation.

At Barrett Law, PLLC, our Mississippi car accident lawyers have been representing residents in Lexington and throughout Mississippi in serious motor vehicle accidents for over 75 years.  We offer a free initial case evaluation so that we can assess your case and advise you of your rights so contact us today at (662) 834-2376.

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