Posts

How Does the NHTSA Investigate Defect Claims?

The National Highway Transportation Safety Administration (NHTSA) operates as part of the Department of Transportation to promote safety through establishing standards and acts as an investigatory agency when there reports of defects.  Recently, the agency has been in the news regularly based upon the high profile recall cases and the harm that was done when auto manufacturers failed to respond quickly and appropriately to dangerous vehicle defects. 

Although some car manufacturers may voluntarily issue a vehicle recall, often these events are triggered by the NHTSA going to court and getting an order.  The NHTSA may decide that it is important for a recall when:

  • A motor vehicle, or any equipment that is used in the structure or mechanics of a vehicle, which includes tires, fails to comply with an established Federal Motor Vehicle Safety Standard; or
  • There is a defect caused by a design or manufacturing problem, rather than an issue that only affects a few vehicles, that impacts the overall safety of the vehicle.

The NHTSA reviews the reported problems in the vehicle in accordance with safety standards for the safe operation of a vehicle, including equipment failures relating to tires, brakes, engine parts, and lighting components.  In addition, the safety analysis may look at the features of the vehicle that are intended to keep drivers and passengers safe, such as seat belts, air bags, structural reinforcements in convertibles, and even motorcycle helmets.

A safety defect that might justify the NHTSA pursuing a mandated recall includes an issue in the vehicle that poses a measurable risk to consumers as a result of the operation of the motor vehicle.  Some common types of defects include:

  • The vulnerability of the fuel system in a vehicle to damage during a crash that would result in the spilled gasoline and fire hazards;
  •  Steering columns that may break or become non-functional during operation of a vehicle, leading to loss of control;
  • Gas pedal or accelerator components that may stick or malfunction, leading to uncontrolled acceleration;
  • Improper design of the wheel base and height of the vehicle leading to increased rollover risk;
  • Malfunctioning windshield wipers that lead to decreased visibility;
  • Improperly manufactured seats that may shift or fall backwards during operation of the vehicle, especially the driver’s seat;
  • Faulty wiring systems that may lead to risk of fire or loss of function;
  • Defects in child safety devices and equipment; and
  • Problems with air bags functioning properly.

There are many different types of defects that pose a significant risk to occupants of the vehicle or other people.  However, there are some widespread problems that do not lead to a recall order.  These include problems that are frustrating, but have no major safety risk.  A model year with a malfunctioning radio or MP3 control or equipment that deteriorates far faster than components in other vehicles, which necessitate replacement, but likely will not result in bodily harm, will not be pursued.

Once the NHTSA has received a complaint that triggers a response, there is a four step process that is managed by the Office of Defects Investigation, which includes:

  • An initial review of the consumer complaint and any other available information that supports the existence of a potential defect;
  • A review of any petitions involving a group of individuals or other groups, as well as any safety-based recalls that may have been initiated by the vehicle manufacturer;
  • Active investigation into the possible defects; and
  • Oversight of a recall once a safety-related defect has been found.

Safety defects lead to many injuries and deaths before the problem has been corrected.  Although the NHTSA plays an important role, for those who been harmed by a defective component or piece of equipment, it is critical to find someone to fight for them.  The skilled and dedicated Mississippi Personal Injury Attorneys at Barrett Law PLLC will work to get you the compensation that you deserve.  Please call us at (800) 707-9577 to schedule a free and confidential consultation.

/by

Teenage Drivers Pose a Significant Hazard on Mississippi Roads

The issue of teenage driving and an increased rate of serious traffic accidents has long been a focus of safety campaigns throughout Mississippi and the rest of the country.  There was a decline in teenage driving accidents and fatalities from 2006 through 2011, so these safety programs may be working.  However, there was an uptick in teenage driver accidents in 2012, based on a preliminary report by the Governors Highway Safety Association.  Although there is a lot of speculation about the cause of this increase, one of the reasons might be the frequency with which teenagers use their cell phones and other technology, even behind the wheel.

Mississippi has the unfortunate distinction of being the third highest state for teenage deaths where a teenager was behind the wheel.  Erie Insurance worked with the Insurance Institute for Highway Safety (IIHS) to analyze crash data provided by the United States Department of Transportation in order to rank the states with regard to deaths caused by teen drivers.  The IIHS has stated that a graduated driver licensing (GDL) system, where there are tiered driving privileges, may work to decrease these accidents.

There are many reasons why teen drivers experience such a high rate of accidents, with much higher rates during the first year of driving.  Some of the main causes of teen accidents are:

  • Lack of experience – teenage drivers simply do not have the time on the road to have developed skills to anticipate and react to hazards in the same manner as experienced drivers.  This is one of the reason people advocate for GDL.
  • A sense of invulnerability – many teenagers do have a belief that nothing bad is going to happen to them when they ignore posted speed limits and drive recklessly.  However, the statistics demonstrate the fact that teenagers are not impervious to the dangers of violating road rules.
  • Teenagers drive distracted – the prevalence of cell phones and texting among young drivers means that they are more likely to read or respond to a text while operating a motor vehicle.  In addition, they may be distracted by making music selections, eating or drinking in the car, interacting with friends, and applying makeup or performing other grooming behaviors.
  • Peer pressure influences driving techniques – a teenage driver is far more likely to emulate their friends rather than adult family members and other adults with greater skill behind the wheel.
  • An inability to react properly to changing weather conditions – heavy rains and high winds can lead to terrible accidents if the teen driver does not take the appropriate steps to deal with the hazards.

Drivers who are between the ages of 16 to 19 years of age are four times more likely to get into a fatal car accident that drivers aged 25 to 69 years.  The use of programs like GDL and distracted driving safety campaigns aimed at young drivers are effective ways of decreasing the dangers that these new drivers pose for themselves and others on the road.

Barrett Law PLLC Advocates on Behalf of Accident Victims

Whether you were injured in a car crash with a teenage driver or another type of serious collision, it is important to focus on your recovery.  However, the time in which an injured party can make a claim begins to run as soon as the accident happens.  The skilled and hardworking Mississippi Personal Injury Attorneys at Barrett Law PLLC are ready to fight on your behalf while you get better.  To schedule a free initial consultation, call us at (800) 707-9577.  We only receive fees if we succeed in getting a settlement or award for you.

/by

Teenage Drivers Pose a Significant Hazard on Mississippi Roads

The issue of teenage driving and an increased rate of serious traffic accidents has long been a focus of safety campaigns throughout Mississippi and the rest of the country.  There was a decline in teenage driving accidents and fatalities from 2006 through 2011, so these safety programs may be working.  However, there was an uptick in teenage driver accidents in 2012, based on a preliminary report by the Governors Highway Safety Association.  Although there is a lot of speculation about the cause of this increase, one of the reasons might be the frequency with which teenagers use their cell phones and other technology, even behind the wheel.

Mississippi has the unfortunate distinction of being the third highest state for teenage deaths where a teenager was behind the wheel.  Erie Insurance worked with the Insurance Institute for Highway Safety (IIHS) to analyze crash data provided by the United States Department of Transportation in order to rank the states with regard to deaths caused by teen drivers.  The IIHS has stated that a graduated driver licensing (GDL) system, where there are tiered driving privileges, may work to decrease these accidents.

There are many reasons why teen drivers experience such a high rate of accidents, with much higher rates during the first year of driving.  Some of the main causes of teen accidents are:

  • Lack of experience – teenage drivers simply do not have the time on the road to have developed skills to anticipate and react to hazards in the same manner as experienced drivers.  This is one of the reason people advocate for GDL.
  • A sense of invulnerability – many teenagers do have a belief that nothing bad is going to happen to them when they ignore posted speed limits and drive recklessly.  However, the statistics demonstrate the fact that teenagers are not impervious to the dangers of violating road rules.
  • Teenagers drive distracted – the prevalence of cell phones and texting among young drivers means that they are more likely to read or respond to a text while operating a motor vehicle.  In addition, they may be distracted by making music selections, eating or drinking in the car, interacting with friends, and applying makeup or performing other grooming behaviors.
  • Peer pressure influences driving techniques – a teenage driver is far more likely to emulate their friends rather than adult family members and other adults with greater skill behind the wheel.
  • An inability to react properly to changing weather conditions – heavy rains and high winds can lead to terrible accidents if the teen driver does not take the appropriate steps to deal with the hazards.

Drivers who are between the ages of 16 to 19 years of age are four times more likely to get into a fatal car accident that drivers aged 25 to 69 years.  The use of programs like GDL and distracted driving safety campaigns aimed at young drivers are effective ways of decreasing the dangers that these new drivers pose for themselves and others on the road.

Barrett Law PLLC Advocates on Behalf of Accident Victims

Whether you were injured in a car crash with a teenage driver or another type of serious collision, it is important to focus on your recovery.  However, the time in which an injured party can make a claim begins to run as soon as the accident happens.  The skilled and hardworking Mississippi Personal Injury Attorneys at Barrett Law PLLC are ready to fight on your behalf while you get better.  To schedule a free initial consultation, call us at (800) 707-9577.  We only receive fees if we succeed in getting a settlement or award for you.

/by

Teenage Drivers Pose a Significant Hazard on Mississippi Roads

The issue of teenage driving and an increased rate of serious traffic accidents has long been a focus of safety campaigns throughout Mississippi and the rest of the country.  There was a decline in teenage driving accidents and fatalities from 2006 through 2011, so these safety programs may be working.  However, there was an uptick in teenage driver accidents in 2012, based on a preliminary report by the Governors Highway Safety Association.  Although there is a lot of speculation about the cause of this increase, one of the reasons might be the frequency with which teenagers use their cell phones and other technology, even behind the wheel.

Mississippi has the unfortunate distinction of being the third highest state for teenage deaths where a teenager was behind the wheel.  Erie Insurance worked with the Insurance Institute for Highway Safety (IIHS) to analyze crash data provided by the United States Department of Transportation in order to rank the states with regard to deaths caused by teen drivers.  The IIHS has stated that a graduated driver licensing (GDL) system, where there are tiered driving privileges, may work to decrease these accidents.

There are many reasons why teen drivers experience such a high rate of accidents, with much higher rates during the first year of driving.  Some of the main causes of teen accidents are:

  • Lack of experience – teenage drivers simply do not have the time on the road to have developed skills to anticipate and react to hazards in the same manner as experienced drivers.  This is one of the reason people advocate for GDL.
  • A sense of invulnerability – many teenagers do have a belief that nothing bad is going to happen to them when they ignore posted speed limits and drive recklessly.  However, the statistics demonstrate the fact that teenagers are not impervious to the dangers of violating road rules.
  • Teenagers drive distracted – the prevalence of cell phones and texting among young drivers means that they are more likely to read or respond to a text while operating a motor vehicle.  In addition, they may be distracted by making music selections, eating or drinking in the car, interacting with friends, and applying makeup or performing other grooming behaviors.
  • Peer pressure influences driving techniques – a teenage driver is far more likely to emulate their friends rather than adult family members and other adults with greater skill behind the wheel.
  • An inability to react properly to changing weather conditions – heavy rains and high winds can lead to terrible accidents if the teen driver does not take the appropriate steps to deal with the hazards.

Drivers who are between the ages of 16 to 19 years of age are four times more likely to get into a fatal car accident that drivers aged 25 to 69 years.  The use of programs like GDL and distracted driving safety campaigns aimed at young drivers are effective ways of decreasing the dangers that these new drivers pose for themselves and others on the road.

Barrett Law PLLC Advocates on Behalf of Accident Victims

Whether you were injured in a car crash with a teenage driver or another type of serious collision, it is important to focus on your recovery.  However, the time in which an injured party can make a claim begins to run as soon as the accident happens.  The skilled and hardworking Mississippi Personal Injury Attorneys at Barrett Law PLLC are ready to fight on your behalf while you get better.  To schedule a free initial consultation, call us at (800) 707-9577.  We only receive fees if we succeed in getting a settlement or award for you.

/by

Teenage Drivers Pose a Significant Hazard on Mississippi Roads

The issue of teenage driving and an increased rate of serious traffic accidents has long been a focus of safety campaigns throughout Mississippi and the rest of the country.  There was a decline in teenage driving accidents and fatalities from 2006 through 2011, so these safety programs may be working.  However, there was an uptick in teenage driver accidents in 2012, based on a preliminary report by the Governors Highway Safety Association.  Although there is a lot of speculation about the cause of this increase, one of the reasons might be the frequency with which teenagers use their cell phones and other technology, even behind the wheel.

Mississippi has the unfortunate distinction of being the third highest state for teenage deaths where a teenager was behind the wheel.  Erie Insurance worked with the Insurance Institute for Highway Safety (IIHS) to analyze crash data provided by the United States Department of Transportation in order to rank the states with regard to deaths caused by teen drivers.  The IIHS has stated that a graduated driver licensing (GDL) system, where there are tiered driving privileges, may work to decrease these accidents.

There are many reasons why teen drivers experience such a high rate of accidents, with much higher rates during the first year of driving.  Some of the main causes of teen accidents are:

  • Lack of experience – teenage drivers simply do not have the time on the road to have developed skills to anticipate and react to hazards in the same manner as experienced drivers.  This is one of the reason people advocate for GDL.
  • A sense of invulnerability – many teenagers do have a belief that nothing bad is going to happen to them when they ignore posted speed limits and drive recklessly.  However, the statistics demonstrate the fact that teenagers are not impervious to the dangers of violating road rules.
  • Teenagers drive distracted – the prevalence of cell phones and texting among young drivers means that they are more likely to read or respond to a text while operating a motor vehicle.  In addition, they may be distracted by making music selections, eating or drinking in the car, interacting with friends, and applying makeup or performing other grooming behaviors.
  • Peer pressure influences driving techniques – a teenage driver is far more likely to emulate their friends rather than adult family members and other adults with greater skill behind the wheel.
  • An inability to react properly to changing weather conditions – heavy rains and high winds can lead to terrible accidents if the teen driver does not take the appropriate steps to deal with the hazards.

Drivers who are between the ages of 16 to 19 years of age are four times more likely to get into a fatal car accident that drivers aged 25 to 69 years.  The use of programs like GDL and distracted driving safety campaigns aimed at young drivers are effective ways of decreasing the dangers that these new drivers pose for themselves and others on the road.

Barrett Law PLLC Advocates on Behalf of Accident Victims

Whether you were injured in a car crash with a teenage driver or another type of serious collision, it is important to focus on your recovery.  However, the time in which an injured party can make a claim begins to run as soon as the accident happens.  The skilled and hardworking Mississippi Personal Injury Attorneys at Barrett Law PLLC are ready to fight on your behalf while you get better.  To schedule a free initial consultation, call us at (800) 707-9577.  We only receive fees if we succeed in getting a settlement or award for you.

/by
,

Mississippi Wrong-way Collision Devastates Many Lives

          On Saturday, February 8, 2014, a 23-year-old woman was driving the wrong-way, traveling south in the northbound lane of Highway 49, when she collided with two young friends who were returning to the Perkinston campus of Mississippi Gulf Coast Community College.  The accident happened around 1:30 AM  and the cause of the accident was still under investigation a couple of weeks after it occurred.  The collision resulted in the death of the woman who was driving the wrong-way in traffic and caused the two young college students to be hospitalized.  One young woman suffered serious injuries, including a broken spine, severe injuries to the appendix and spleen requiring their removal, broken bones, and damage to the diaphragm.  The spinal cord damage resulted in a loss of feeling in her legs, according to a news report.

            This accident is a tragic reminder of the devastating outcome of a wrong-way collision.  Many times, these collisions happen at night, where a number of factors could lead to a terrible crash.  Wrong-way accidents may be the result of driver confusion or fatigue, driving under the influence, unsafe passing, or distracted driving.  Regardless of the cause of the accident, the outcome often is severe injuries or death for the involved parties.  The impact forces of two vehicles traveling towards each other at a high rate of speed means that the damage to the vehicles will be severe.  In turn, this results in catastrophic harm to the driver and passengers.

            In the collision in Saucier, Mississippi, the victims suffered terrible injuries, including a spinal injury that could alter the victim’s life forever.  Wrong-way collisions often lead to serious injuries, including:

  • Crush injuries leading to organ failure;
  • Traumatic brain injuries;
  • Spinal cord damage, resulting in paralysis;
  • Broken and fractured bones;
  • Severe abrasions and lacerations, causing permanent disfigurement;
  • Nerve damage;
  • Serious burns from fires cause by the crash;
  • Whiplash and whiplash associated disorders; and
  • Death.

            One of the reasons that wrong-way collisions are so serious for the victims involved in the accidents is that the front-end impact causes the hood of the car to crumple and leads to the destruction of the structural integrity of the vehicle.  In many accidents like this, the engine compartment travels forcibly into the front area of the interior compartment.  Although only two percent (2%) of traffic accidents involve front-end impacts, accidents like this lead to approximately ten percent (10%) of fatalities relating to traffic crashes due to the severity of the impact.

            Victims of wrong-way collisions may face long hospital stays, intensive rehabilitation, an inability to pursue the career that they intended prior to the accident, and a need for assistance with even the most basic of tasks. Frequently, a victim may need to rely on family members to get them from one place to another, including transporting them to the many medical appointments that are necessary as part of the recovery process.  If these victims are able to return to their homes, they may need modifications to the structure of the residence, including the widening of doorways to accommodate wheelchairs, the lowering of counter heights, the installation of ramps, and the relocation of bedrooms.  Specialized vehicles might have to be purchased.

            When you or a loved one is seriously injured as the result of a wrong-way crash, it might be difficult to focus on everything that needs to be done merely to get through the day, but it is important to get the right team working on your behalf to protect you or your family member’s legal rights.  The physical, emotional, and financial impacts of a serious accident are profound and the experienced Mississippi Personal Injury Attorneys at Barrett Law PLLC have the skill and dedication to get you the justice that you deserve.  We are ready to sit down and discuss what happened to you and determine your legal options during a free initial consultation.  Call us at (800) 707-9577 in order to schedule an appointment.  You do not pay any legal fees unless we recover money for you.

/by

What does “personal injury” mean?

Personal injury is a matter of assigning liability. The person who harmed you or a member of your family is the responsible party and, therefore, incurs liability. A car accident resulting in personal injury, for example, can be compensated with a damages claim to offset actual costs of lost income and medical care. There are, generally, no caps on compensatory damages in Mississippi, although punitive damage awards are capped.

Personal injury liability applies to claims of:

Negligence – The person responsible for injuries suffered by you, or a loved one, is the negligent party. The driver of car #1 runs a traffic light and t-bones car #2 at an intersection is the negligent party, for example, and the driver of car #1 incurs liability for injuries caused in the collision.

Product liability – The manufacturer, installer, and/or seller of a defective product is responsible if you, or a loved one, are injured due to a product defect. An example is a drug manufacturer that markets a drug that later results in injury or death to patients prescribed with the drug; the drug manufacturer incurs liability for ensuring injuries or death.

Strict liability – In cases of tortious intent or negligence, liability applies — although a finding of fault may not be applied. This is referred to as “strict liability.” In other words, the plaintiff (victim) has to prove a tort of dangerous or reckless actions occurred, and that the responsible party is the defendant. Strict liability frequently applies to product liability matters. Punitive damages may be additionally in order if the plaintiff can prove the defendant knowingly committed the egregious act that led to a personal injury or wrongful death.

Wrongful death – Civil liability can be assigned to the person or persons responsible for causing a death. Wrongful death and negligence coexist in a statutory sense, extending the elements of personal injury to specify fatal injury. The driver of a car that crashes, resulting in the death of a passenger, incurs liability for the wrongful death.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi personal injury attorneys by calling (800) 707-9577.

/by

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.

/by

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.

/by

When Politics Trump Auto Accident Safety: Government Suppression of Distracted Driving Study

Most people in Mississippi are now aware that distracted driving is a leading cause of fatal car accidents.  The significance of distracted driving as a cause of serious auto accidents in Mississippi and other states has grown at an exponential rate along with the growth of mobile phones and other wireless communication devices.

Cell phone use and texting while driving is now widely acknowledged to rival drunk driving as a leading cause of auto accident related injuries and fatalities.  The significant impact of wireless communication devices on auto accident rates was not yet well established when the National Highway Traffic Safety Administration (NHTSA) decided to suppress hundreds of pages of research and warnings about cell phone use while driving in 2003.  Among the findings that were suppressed when the 2003 data was gathered:

  • Talking on cell phones resulted in 955 fatalities in 2002
  • Cell phones played a role in 240,000 car accidents in 2003
  • Hands free use of cell phones did not affect accident rates
  • Texting while driving would probably have an even greater adverse impact than talking on cell phones

The NHTSA indicated that these conclusions and the data collected was suppressed to avoid antagonizing Congress who believed release of the information might be viewed as lobbying states in developing specific cell phone related distracted driving laws.  While this is not the first time that politics has trumped public safety considerations, it may be one of the more costly examples.

The NHTSA has since conceded that distracted driving including use of cell phones when driving may have emerged as an even greater threat of causing serious auto accidents than drunk driving.  A study conducted by the Insurance Institute for Highway Safety has revealed that drivers who are talking on a cell phone when driving increase the risk of being involved in an auto accident resulting in personal injury by as much as 400 percent.  A study conducted by the University of Utah indicated that a driver who is texting while driving has slower response time than a driver with a blood alcohol level of .08%, which is the threshold at which a driver is considered to be driving under the influence of alcohol.

Many states have been slow to respond to cell phones as a serious auto accident risk.  Tragically, a substantial number of lives might have been saved by making data public earlier regarding the scope of the danger posed by texting while driving and the lack of effectiveness of hands free cell phone laws.  The Barrett Law Office has been representing personal injury victims throughout Mississippi since 1933.

We have helped people throughout the state of Mississippi injured or killed by distracted drivers obtain the financial compensation they deserve.  Our Mississippi personal injury attorneys offer a free initial case evaluation so call us today at (662) 834-2376 so that we can help you on your road to recovery.

/by