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Serious Trucking Accident Illuminates Issues Regarding Pre-Employment Screening of Truck Drivers

The danger posed by the more than three million tractor-trailers that travel U.S. roadways is clearly evidenced by the half a million tractor-trailer collisions that occur in the U.S. each year.  Someone is injured or dies in a tractor-trailer accident every sixteen minutes.  There are many causes for tractor-trailer accidents in Mississippi, including fatigued drivers, improperly maintained rigs and overloaded commercial trucks.  One of the most preventable causes of tractor-trailer collisions in Mississippi is the failure to conduct proper employment pre-screening prior to hiring a prospective truck driver.

A trucking accident lawsuit out of Atlanta poses a good example of the importance of pre-employment screening by a trucking company.  A tractor-trailer driver ran a red light at an intersection and collided with two vehicles in the intersection.  One of the vehicle occupants had been in excellent health prior to the intersection truck accident.  The company probably would not have engaged the truck driver had it conducted an adequate pre-employment screening or reviewed the information received sufficiently.

Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to conduct a pre-employment background check before hiring a new truck driver.  The trucking company is required to obtain a driving and employment history for the driver for the three prior years.  The driver must comply with Department of Transportation (DOT) drug testing that applies to those with commercial drivers’ licenses.  An employer also must obtain a drug and alcohol violation history for the preceding three years as well as conduct a pre-employment drug test.

It is unclear whether the trucking company in the Georgia case conducted any pre-employment screening let alone one that complied with FMCSA regulations.  The employer destroyed all documents relating to the truck drivers employment application prior to filing a court response to the lawsuit.  This is a common practice for trucking companies in tractor-trailer litigation.  This is why it is important that your trucking accident lawyer send a spoliation letter to the trucking company as soon as practical so that critical evidence is not destroyed by the trucking company.  If the trucking company proceeds to destroy the evidence despite the spoliation letter, the court can impose monetary sanctions or take more extreme measures like in this case and instruct the jury to presume the evidence would have been damaging to the trucking company.

In this case, the truck driver had a long list of red flags that should have alerted the trucking company that it was not safe to put him behind the wheel of one of its big-rigs.  The truck driver had caused two prior rear end collisions while driving a big-rig during the three year look back period as well as two traffic citations for improper following distance associated with those trucking collisions.  The driver has also had his CDL suspended for sixty days and received a traffic citation for speeding less than two months prior to being hired by the defendant.

If you or a loved one is involved in a Mississippi trucking accident, it is important to work with an experienced Mississippi trucking accident law firm that can move quickly to preserve critical evidence and analyze a driver’s employment file to identify potential issues regarding the driver’s competence when hired or potential driving violations or accidents by the driver while working for the driver’s current employer.

If you or someone you love has been injured or a loved one dies in a Mississippi trucking accident caused by inadequate pre-employment screening of a truck driver, you or your loved one may have a right to seek compensation for any injuries or other loss.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Dispute Brewing of Motorcycle-Only Checkpoints

Few people would deny that motorcycles pose a higher accident risk and greater possibility of suffering permanent debilitating injuries than passenger vehicles.  Motorcycles require a special skill set because of their unique handling features.  When Mississippi motorcycles accidents do occur, they typically result in more serious injuries particularly when riders are not wearing motorcycle helmets.  Approximately 4,500 motorcyclists per year die in fatal motorcycle accidents.  The disproportional risk associated with motorcycle collisions has led to a contentious dispute in Washington D.C. over the use of “motorcycle-only checkpoints.”

A provision inserted into a proposed House transportation bill would prohibit the Department of Transportation from providing funding to state or local governments for conducting motorcycle-only checkpoints.  The controversy over these vehicle specific safety inspection roadblocks arises out of a grant made to Georgia of $70,000 last year and scheduled to be paid to the state again this year for operating these motorcycle safety inspections.  These motorcycle checkpoints are similar to vehicle safety checkpoints or DUI roadblocks.  Law enforcement agents signal motorcyclist to stop, then safety inspections are conducted covering compliance with the mandatory helmet law, possession of a valid motorcycle drivers’ license and the condition of the bike.

Critics of the checkpoints including those supposing the provision prohibiting federal funding for these motorcycle-only checkpoints argue that they represent intrusive overreaching by the government.  Some also contend that it is unfair to design checkpoints that only apply to a certain type of motor vehicle.  Those that oppose the motorcycle checkpoints also suggest that motorcycle safety should be based on crash prevention as opposed to arbitrary stops of random riders.  Those who support the use of motorcycle safety roadblocks argue that singling out motorcycles is no different than seatbelt checkpoints where motorcycles are excluded from the obligation to stop and undergo inspection.

One strong justification for the motorcycle safety checkpoints is rooted in the fact that many motorcycle accidents are caused by inexperienced and unlicensed riders.  The National Highway Safety Administration reports that 22 percent of fatal motorcycle accidents are caused by unlicensed riders while only twelve percent of fatal passenger vehicle accidents involve unlicensed drivers.  Because a substantial portion of the motorcycle checkpoint violations involve the violation of helmet laws, groups that view mandatory helmet laws as an unreasonable intrusion on personal liberty also oppose the motorcycle only checkpoints.

While it is unclear whether the provision will become law, proponents argue that the funds could be allocated more efficient to motorcycle education programs aimed at reducing motorcycle crashes.  Regardless of one’s position on this issue, it is beyond dispute that many Mississippi motorcycle riders are injured and killed annually in collisions with motorists who fail to pay attention or obey traffic safety laws.  If you or someone you love is injured or the life of a loved one is lost in a Mississippi motorcycle accident, our experienced Mississippi motorcycle accident attorneys at Barrett Law are committed to holding careless motorists accountable and seeking fair compensation for injury victims.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing effective representation to Mississippi injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Frequently Asked Questions (FAQs) Mississippi Motorcycle Accidents

Motorcycle accidents can lead to horrific injuries because of the lack of structural protection offered by the vehicles.  The danger to motorcyclists is only increased by the lack of attention and indifference by drivers of other motor vehicles.  Some motorists still harbor unfounded stereotypes about motorcycles enthusiasts involving “biker gangs” and criminal activity.  The reality is that the motorcycles have become popular among those from all walks of life and socioeconomic classes.  Motorcycles offer a fuel efficient low cost form of transportation for commuting to work, traveling the Mississippi back roads and engaging in recreational activity.

Over a 100,000 motorcycles per year are involved in collisions which result in more than 4,500 fatalities.  Because so many people suffer serious injury or wrongful death in motorcycle accidents, our Mississippi motorcycle accident attorneys have provided effective legal representation to many motorcycle accident victims throughout Mississippi.  We receive many questions from motorcycle accident victims and their families so we have provided some basic answers, but we invite you to call and speak with one of our Mississippi motorcycle accident attorneys if you have further questions.

What are the most common causes of Mississippi motorcycle accidents?

Motorcycle accidents are most typically caused by the driver error.  When a driver of a passenger vehicle fails to take reasonable care to avoid causing injury to a motorcyclist in a collision, the driver may be liable for damages in a personal injury claim.  The most common types of negligent driving that cause motorcycle accidents include:

  • Drivers not paying attention because they are talking or texting on a cell phone
  • Other forms of distracted driving
  • Motorists who fail to check their blind spot for motorcycles
  • Drivers who engage in last minute maneuvers that do not give motorcyclists sufficient response time
  • Alcohol and drug impaired drivers
  • Motorists who do not adhere to the Mississippi Rules of the Road

 

Are all Mississippi motorcycle accidents caused by driver error?

No, some Mississippi motorcycle collisions are caused by equipment failure, defective motor vehicles or motorcycles and defective roadways.  When these types of factors contribute to a Mississippi motorcycle accident, the motorcycle manufacturer or public entity that is responsible for maintaining the roadway may be viable defendants.

What factors make motorcycles particularly dangerous?

Motorcycles offer none of the safety equipment that is standard in a passenger vehicle, such as seat belts, protective vehicle frame, air bags and similar safety features.  Motorcycles also lack stability, and they are extremely unforgiving in an emergency.

Is it necessary to pursue a lawsuit to obtain compensation for injuries in a Mississippi motorcycle accident?

Because of our success in obtaining financial compensation for many motorcycle accident victims in Mississippi, we often are able to persuade insurance companies to settle motorcycle accident claims without filing a lawsuit or without a trial.

What types of compensation are available in a Mississippi motorcycle accident claim?

There are a wide range of damages available in motorcycle accident claims that vary slightly based on the specific circumstances of your Mississippi personal injury claim.  Common damages we may be able to seek on behalf of a Mississippi motorcycle accident victim include:

  • Lost current and past earnings
  • Medical and rehabilitative expenses
  • Pain and suffering
  • Future disability and impaired earning ability
  • Impaired of quality of life
  • Loss of consortium (diminished marital relationship)

If the other driver’s conduct is particularly unacceptable and reckless, punitive damages may also be available.  If the accident results in a fatality, the court may also award damages for funeral and burial expenses.

Our goal is to provide our clients with aggressive and effective legal representation and to provide easy to understand and accurate legal advice.  While we have tried to answer some of the most common inquiries we receive about motorcycle accidents in Mississippi, we recognize that you may have more detailed questions.   The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing aggressive representation to motorcycle accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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