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The Critical Role of Jury Instructions in Mississippi Personal Injury Lawsuits

Many that have served on jury duty or that have watched a crime drama on television are aware that before a jury deliberates they are given instructions by the judge.  These instructions often are written in legalese and difficult for the jury to understand when analyzing the facts in a Mississippi personal injury lawsuit.  The jury instructions often have a critical impact on the outcome of jury deliberations.  The exact set of instructions with which the jury will be charged is typically a point of contention because of the influence of jury instructions on the verdict in a Mississippi personal injury trial.

A recent case involving a court’s instruction to the jury on the issue of comparative negligence serves as an excellent example of the important role that jury instructions pay in the outcome of a personal injury lawsuit.  In Wansley vs. Brent (Miss. App., 2011), the plaintiff challenged the instruction given in a personal injury lawsuit involving a tractor-trailer accident because the judge instructed the jury that it could find either that the plaintiff was negligent or that the defendant was negligent.  The court was persuaded by the plaintiff’s argument that the “either-or” formulation for determining the negligence of the parties confused the jury regarding its ability to find both parties shared fault.

The court also noted that this either-or formulation when combined with the trial judge’s decision not to provide a comparative fault instruction confused the jury regarding its ability to apportion fault between the plaintiff and defendant.  The statute covering apportionment of fault when there is negligence by both the plaintiff and defendant in Mississippi is Mississippi Code Annotated § 11-7-15 (Rev. 2004) which provides in pertinent part that “In all actions hereafter brought for personal injuries, . . ., the fact that the person injured, . . . may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured . . . .”

This principal was clarified by the Mississippi Supreme Court which held that Mississippi is a “pure comparative fault state.”  This means that if a plaintiff shares fault for causing his or her own injuries fault is apportioned between the plaintiff and defendant.  Rather than barring a Mississippi personal injury victim from all recovery for one’s injuries, this doctrine results in a reduction in recovery to the plaintiff in proportion to the fault assigned to the plaintiff.  Even if the plaintiff is found to be 95 percent at fault for causing his or her own injuries, the plaintiff can still recover five percent of the amount of damages awarded by the jury.

The failure of the trial judge to provide the jury with instructions that explained the application of comparative fault, combined with the trial judge’s “either-or” formulation for determining liability by the plaintiff and defendant, resulted in the appellate court reversing the case.  This is an example of the impact of a misleading jury instruction that confuses the jury into thinking it is limited to a determination of negligence entirely by one party as opposed to the jury’s ability to reduce the amount of the recovery but still compensate a personal injury victim based on the degree of fault by the defendant.  This confusion was manifest in a jury question directed to the judge during deliberations inquiring as to whether the jury could award a lesser dollar amount.

If you are injured in a Mississippi motor vehicle accident or by any other form of negligent conduct by a third party, you may be entitled to compensation for your injuries even if you were partially at fault.  The experienced Mississippi car accident attorneys at Barrett Law have been providing tenacious representation to car 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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NTSB Recommends Ban on All Use of Cell Phones or Portable Electronic Devices While Driving

The National Transportation Safety Board (NTSB) has wrapped up its investigation of a fatal Missouri collision last year that was caused by a 19 year old teen driver who was frantically texting in the minutes before the chain reaction collision.  The accident, which involved the teen driver in a pickup truck, a tractor-trailer and two school buses, resulted in two fatalities and injury to 38 vehicle occupants.  The investigation revealed that the teen driver had sent or received 11 texts in the minutes leading up to the fatal crash.  Based on this fatal chain reaction collision, the NTSB may now recommend that all states adopt bans on texting while driving by all drivers.

The NTSB has previously recommended a ban on text messaging by bus drivers, commercial drivers and inexperienced teen drivers.  The NTSB may make recommendations and has significant influence on federal legislators but does not itself have the power to enact binding regulations.  The NTSB has noted that while 35 states now have laws banning texting while driving, many of these bans do not apply to all drivers.  Further, the limited scope of these restrictions appears to have been ineffective because the frequency of this unsafe driving behavior has doubled during the last year despite the growing number of state laws restricting texting and driving.

The recently concluded accident investigation follows similar investigations including a California commuter rail crash a few years prior that involved a conductor who was texting when the train crashed causing the death of 25 train passengers.  A fatal marine tugboat accident in Philadelphia was caused when the captain was texting.  These incidents and the large number of motor vehicle accident victims injured and killed by text messaging while driving has led the NTSB to recommend a complete ban on texting or talking on a cell phone when operating any form of motor vehicle.

One major concern that the NTSB made about the Missouri texting ban by teen drivers is that it was not aggressively enforced.  The NTSB is recommending banning all use of cell phones or portable electronic devices by all drivers when operating a motor vehicle except in emergencies.  This proposal would apply to both hands free and handheld use of cell phones and goes far beyond any current state laws that restricts cell phone use when driving.  The National Highway Traffic Safety Administration reports that twenty percent of all drivers admit to texting while driving while half of all drivers between the ages of 21-24 make the same admission.

This recommendation will make enforcing cell phone bans much easier.  There are so many uses of smart phones including web surfing, posting on social networks and watching videos which are not expressly prohibited that it can make enforcement of cell phones bans on texting or talking while driving difficult for law enforcement.  A complete ban on all uses of portable electronic devices and cell phones will make enforcing anti-cell phone bans much more workable for law enforcement.  The current limited bans that only apply to certain drivers and specific uses of cell phones have not been effective so this broader proposal is designed to prevent the mounting death toll associated with use of portable electronic devices when driving.  The experienced distracted driving accident attorneys at Barrett Law have been providing tenacious representation to victims of motor vehicle accidents 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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Litigation of DUI Injury Accident Cases Caused by Legal Medications

While most drivers are very familiar with the term driving under the influence (DUI), this expression most typically conjures images of drivers who have had too much to drink before climbing behind the wheel of their motor vehicle. However, driver impairment may take many forms including drivers that are impaired by the use of prescription medications or even over-the-counter drugs.  Many people falsely assume that if they are taking a drug that is not a narcotic or an illegal street drug they cannot be considered driving under the influence or driving while impaired (DWI).  The determination of whether one is violating DUI/DWI laws while driving with a drug in one system is not based on whether or not the substance may be consumed legally.  If a driver takes a prescription medication or over-the-counter drug that impacts one’s driving, the driver may be liable for injuries or wrongful death caused in an accident.  It is not the legal status of the drug that matters, but its impact on driving ability.

There are many prescription drugs that come with specific warnings not to operate heavy machinery or drive while under their influence. If a driver ignores these warnings and chooses to drive anyway, the driver may be liable if the drug impairs the driver and causes an accident.  Some over-the-counter medications also carry warnings that they may make a driver drowsy or that it is unsafe to operate a motor vehicle while under the influence of the drug.  Even medications that are available without prescription may form the basis of liability in a civil lawsuit that arises out of a motor vehicle accident caused by driving while impaired by drugs.

Whether you have taken a prescription medication or an over-the-counter drug, the substance may have a substantial impact on your ability to drive safely.  Some of the most common negative effects on driving ability caused by legal medications include the following:

  • Sluggish reflexes
  • Drowsiness
  • Delayed response time when braking or steering
  • Impaired attention , memory and focus
  • Blurry Vision

Anyone who is taking a medication whether prescribed by doctor or picked up without a prescription in a local grocery store has an obligation to read the packaging of the drug to determine whether it is safe to drive after taking the medication.  While certain types of medications are more likely to impair driving ability, including tranquilizers, muscle relaxers, anxiety medication and sleeping pills, the best practice is always to check the labeling of any new medication or ask the pharmacist about whether or not the medication may impair your ability to drive safely.

Our experienced Mississippi DUI drugs attorneys aggressively pursue the best possible outcome on behalf of victims who are injured in accidents involving impaired drivers. These cases are more challenging to litigate than DUI case involving alcohol.  Mississippi’s “per se” DUI law provides that any driver with a blood alcohol concentration of .08% or above is over the legal limit regardless of whether or not one’s driving ability is actually impacted.  There is no corresponding “per se” law for DUI offenses involving legal or illegal drugs.  This means that our experienced DUI drugs accident attorneys must carefully investigate an accident and erratic driving by the other driver to establish impairment.  Sometimes the nature of the accident may provide critical evidence, such as where a driver falls asleep at the wheel or blows through a red light.  Where impairment is not established by specific behavior of the other driver that caused the accident, we may use experts to testify on what impact a particular dosage of a drug would have had on driving ability.

If you are injured in a Mississippi car accident with a driver impaired by drugs, our experienced DUI accident injury attorneys may be able to help you seek the compensation you need to compensate you for your injuries.  We invite you to contact Barrett Law so that we can evaluate your Mississippi car accident claim and advise you of your rights and options.  Call us at 662-834-2376.

No Recovery No Fee!

 

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Early Start for School Increases Teen Auto Accidents

Teens have a much higher incidence of auto accidents in Mississippi and throughout the U.S. when they start school early in the morning according to a study that was conducted in 2008 and just published in the April issue of the Journal of Clinical Sleep Medicine.  There was a comparison study conducted between two towns in Virginia.  In Virginia Beach, VA teenagers started school between 7:20 am and 7:25 am while in the other town, Chesapeake, VA, the kids started school between 8:40 am and 8:45 am.

The data showed that the 16-18 year old drivers in the town of Virginia Beach had a 41 percent higher crash rate than those teenagers from the town of Chesapeake.  There were 65.8 motor vehicle accidents for every 1000 drivers in that age group in Virginia Beach and only 46.6 per 1000 in Chesapeake.  The same study replicated an earlier study conducted in 2007 that found a crash rate of 71.2 per 1000 drivers for Virginia Beach teen drivers and only 55.6 per 1000 drivers for Chesapeake teen drivers.

The researchers theorize that teenagers are experiencing biological changes as they age so sleep deprivation can actually be more of a problem in this age group than in adults.  The average teenager actually requires a little over nine hours of sleep a night according to the American Academy of Sleep Medicine.  A lot of teens have busy school and sport schedules as well as active social calendars.  These activities can prevent them from going to bed early enough every night so that when then get up in the morning they do not feel rested.  There does not have to be a study done to conclude that a more rested driver is going to be more alert and safe or that fatigued drivers have much higher car accident rates in Mississippi.

Starting Later

It makes sense that maybe it would be better to work along more with these kids’ natural circadian rhythms. In other words, Mississippi school districts might be well advised to adapt to the natural sleep and activity patterns of teenagers by implementing later start times for classes.  A separate study coming out in the Journal of Clinical Sleep Medicine indicates that if the start of school was delayed by just one hour, then students’ attention levels and cognitive performance would increase. There is no specific focus on driving in this study, but it stands to reason that a more alert driver would make for a safer driver.  Given the high prevalence or teen auto accidents in Mississippi, this would seem like a prudent change to consider.

This recent study only confirms the results of earlier studies that indicate a link between the amount of sleep that teens get each night and their likelihood of being involved in an Atlanta auto accident.  A study in Lexington, KY in 1998 analyzed the relationship between auto crash rates and increased sleep in teen drivers.  The school changed the school start time to later in the day.  Researchers then studied data from two years prior to the change and from two years after the change.  The crash rates declined 16.5 percent in this study group compared to the crash rates of teens in the rest of the state, which experienced a 7.8 percent increase in car accident rates.

The study from Virginia does not prove a cause and effect relationship between early school start times and increased car crashes rates.  What it does show is that there is a relationship between increased auto crashes and tired teen drivers.  Later starts for Mississippi schools just seem like a logical place to start so teens get more quality sleep time making it more likely that they will remain alert and safe while driving.  There also may be additional benefits to kids such as increased learning and productivity, which has nothing to do with driving at all.

If you or a loved one has been seriously injured in an accident involving a fatigued driver, then call our office today to consult with our team of personal injury attorneys.  The roots of the Barrett Law Office extend back over 75 years.  We have developed a reputation for providing zealous advocacy and compassionate legal representation to auto accident victims throughout Mississippi.  If you or a loved one have been injured in a Mississippi motor vehicle accident, we invite you to call us today at (662) 834-2376 to see how we can help

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Mississippi Head-On Car Collisions

Approximately one out of every 50 auto accidents in the United States are head-on car collisions—the most deadly kind. The NHTSA estimates that ten percent of car accident fatalities are the result of a head-on collision. The survivors of a head-on car collision often suffer extensive injuries that can be life-altering. When the front ends of two cars collide there will likely be significant amounts of physical and property damage no matter what speed the automobiles were traveling.

Causes of Mississippi Head-On Collisions

Just as with any auto accident, there can be a myriad of reasons for a head-on automobile collision. The most common reasons are texting while driving or talking on a cell phone, although weather conditions such as ice, snow or rain can also be a factor. Other reasons for head-on collisions include passing in an unsafe manner, losing control of the vehicle, driving while impaired, and nodding off at the wheel due to fatigue. Some negligent drivers simply disobey posted traffic signs or signals, failing to stop at a red light, and others mistakenly drive down a one-way street, not noticing the posted warnings. The most common place head-on collisions occur are on two lane roads when one vehicle attempts to pass unsafely into oncoming traffic. Whatever the reason for the crash, whenever two cars collide there will likely be serious injuries to the drivers and passengers of both vehicles.

Physical Results of a Mississippi Head-On Collision

Those who are involved in a head-on car collision may suffer injuries which range from broken bones or whiplash to brain and neck trauma, serious spinal cord injuries or paralysis, burn injuries and multiple lacerations. You may have received facial injuries which could leave you with significant facial scars to deal with in the years to come, not to mention multiple surgeries to try and repair the damage.  You may either have soft tissue damage or catastrophic damage and injuries to your body, and could be subject to months or even years of medical treatments and rehabilitative therapy. The injuries you sustain as a result of your head-on collision could bring medical expenses that you are unable to pay, not to mention lost wages and other out-of-pocket expenses.

The Physics of a Mississippi Head-On Collision

It’s apparent that a head-on crash into another car will cause more damage than a rear-end accident or a side-swipe accident, but if you have the type of scientific mind that wonders exactly why this is so apparent, you can thank Sir Isaac Newton for the formula which explains the answer. If force = mass x acceleration, then you can assume the greater the force in the crash, the more serious the damage. Force can also be seen as any change in momentum, and a car either has forwards and backwards momentum or side to side momentum. Should two cars connect sideways, the impact is distributed between the front, back and sides, however in a head-on collision, the impact is concentrated in the front, meaning the people in vehicles are subject to 100% of the collision force.

Getting the Help You Desperately Need

Although we all want to believe we are safe when we are in our cars headed to work, picking up the kids from school, running errands or going on a family vacation, there is always the chance we can be involved in a car crash. If you should be in a head-on collision, who will be your advocate after the crash and look out for your health and financial interests? Who can better explain the complicated legal issues surrounding a head-on collision than an attorney who represents clients in such types of Mississippi personal injury claim? If you want to ensure your medical bills and future are covered and protected, and that the insurance companies do not take advantage of you, speak with one of our experienced Mississippi car accident attorneys today. We can help you successfully deal with the legal challenges you face, allowing you to heal and re-build your life.

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Did a Risky Road Intersection Cause Your Auto Accident in Mississippi?

Over 45,000 people are killed on America’s highways each year, and of that number almost half of those accidents were a direct result of a problem with road design or maintenance—some form of dangerous or risky road. Faulty design, construction, maintenance, or inability to adapt to changing conditions are all issues with roadways which can be the direct cause of your car running off the road, rolling over or colliding with another car or fixed object.

There are lots of risky intersections in the United States which make having a serious accident much more likely. It can be difficult to see another car coming at many intersections, and appropriate signage may not be present to ensure the safety of motorists. Many intersections have not been adequately modified despite past indications of hazards to drivers. If any of these conditions were the cause of your intersection accident it is imperative you retain an attorney who is skilled in litigating cases such as these.

Dangerous Road Cases

Car accidents which resulted from dangerous road conditions can, unfortunately, be difficult and expensive to litigate, since you will be fighting a government entity. The investigation of the dangerous intersection and its history of accidents can be quite challenging. The case will likely  require significant amounts of attorney work, experts called in and expense, but the upside of a case such as this is that it has the potential not only to allow you to recover your damages, but to make the road safer for others. Changes that might otherwise never occur, may be made when you demand your rights.

Our Rights as Motorists

The agencies which design and maintain our roadways are charged with the duty of ensuring the safety of motorists, at least those who are using reasonable care when driving. Of course until cars begin driving themselves, drivers will skid, slide, lose control of their vehicle, fall asleep or become distracted. While all of these driver issues will certainly be responsible for car accidents, government entities who refuse to take reasonable steps to ensure foreseeable events don’t turn tragic are another thing altogether. When an intersection has been proven to be a danger to drivers, and has caused accidents or near-misses in the past, the government must take steps to correct the dangerous road situation to ensure the safety of drivers.

Why You Need an Experienced Personal Injury Attorney

Dangerous road accident cases require the victim to prove the government knew the intersection was a high-risk road hazard and refused or neglected to take steps to fix the road or install appropriate signage to warn drivers. An experienced attorney will be able to show that the entity in charge of the road failed to do something which caused the danger, or will prove the government knew the intersection was dangerous, had plenty of time to fix it, but neglected to do so. If there is a solid history of accidents on the intersection which caused your accident, this may help show the risk was substantial.

Dangerous road cases can be especially difficult to prove because our laws give the government a certain level of immunity which protects them. If the intersection received the stamp of approval from an approved, reputable engineering firm, then unless the design or plan was changed, the government may indeed have immunity from being held accountable. Even if the design was approved and followed to the letter, however, the government entity may have failed to install or maintain signage which warned of the dangerous intersection, or may have failed to cut tree limbs or branches which blocked the views and potentially caused your accident. As you can see, dangerous road cases are complex and definitely require the assistance of an attorney who has the skill and aggressiveness to pursue the government and obtain a fair settlement for your injuries.

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Getting a Fair Settlement for Your Whiplash Injury in Mississippi

If you’ve recently been involved in an auto accident, and find later that your neck was injured during the crash, you may be hesitant to contact an attorney due to the negative associations commonly linked to claims of whiplash. Whiplash is a very real injury which is caused when your head and neck are subject to extreme motions in which the neck snaps or jerks. While whiplash injuries are most common in collisions where one vehicle strikes another form the rear, the truth is that even an accident which occurs at relative low speeds and is not particularly high-impact can result in serious whiplash injuries.

Those injuries can vary in severity depending on where your head was at the moment of the impact as well as the location of your headrest and seat, the dimensions of your vehicle (and the one that hit you), and your own size. Although whiplash is considered a soft tissue injury, this does not make it any less serious, and if you delay treatment, or allow the injury to go untreated, you could end up with severe, long-lasting effects.

Symptoms of Whiplash

While most symptoms of whiplash will manifest themselves within 24 hours of your injury, in some cases they will not be felt for a week, or even a month following the accident. You may suffer neck pain and stiffness, or headaches which are typically felt near the base of your skull. Some people with have dizziness or nausea, blurred vision or extreme levels of fatigue. Less commonly those who have suffered a neck injury could experience difficulty in concentrating, memory issues, insomnia, a ringing noise in the ears, or mood disturbances such as irritability. In very severe cases of whiplash, the pain can spread to the shoulder and arm area, it can become extremely difficult and painful to move the head and you could have numbness, tingling or weakness in your extremities.

Long-Lasting Effects of a Whiplash Injury

Your neck is comprised of tendons, ligaments and muscles which are intricately wrapped around and through your spine, which is responsible for supporting your entire body. When these tendons, ligaments or muscles are damaged in an auto accident, you may be sore or stiff for days following the accident, or in some cases, even weeks. Most whiplash injuries will heal, with no lasting effects, however in some cases the soreness you feel is an indicator of a much more serious injury. You may have even slipped a disc or damaged the spine itself. A herniated disc can slowly worsen for years before you realize you need treatment, so a diagnosis immediately following your accident can potentially prevent years of pain.

Filing Suit for Your Whiplash Injuries

You must first be aware of the statute of limitations phase as dictated by your specific state laws, then you will be required to prove that the person who caused your whiplash injury had a responsibility to refrain from acting a specific way, that he or she breached this duty, causing the accident, that you were injured, and that those injuries were a direct result of the defendant’s breach of duty. If you are able to prove all four of these elements, you could be permitted to receive monetary damages, and may also qualify for punitive damages. General damages are paid for your physical pain and suffering which you now endure as a direct result of the accident. You may also be able to claim emotional pain and suffering or loss of enjoyment of your life under general damages. Special damages are a bit more arbitrary to some extent and are paid to you as compensation for loss of earnings, including potential loss of future earnings or damages to your vehicle, including the cost of a rental car while your car is being repaired. Whether the other driver’s act of negligence or recklessness caused your accident or not, you should still seek the advice of a competent whiplash injury attorney. Your attorney can then assess all the damages you suffered because of the accident and work hard to ensure you receive a fair level of compensation for your whiplash injuries.

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