Posts

,

Slip, Trip and Falls Pose Serious Danger to Mississippi Seniors

While most people in Mississippi are aware of the danger associated with a serious falls, the scope and seriousness of an accident risk is much more severe than many people realize.  It is estimated that 424,000 people die in fatal falls annually world wide according to the United Nations Health Agency.  There are another 37 million people who seek medical treatment annually according to the organization.  Falls can occur in many ways including falls from ladders or scaffoldings on construction sites, slip and fall accidents on wet floors in stores and restaurants and trip and fall incidents involving poorly maintained sidewalks.  Many people presume slip, trip and fall accidents are minor events that do more damage to one’s ego than to one’s person.  This is simply not accurate as slip, trip and fall accidents often result in catastrophic debilitating injuries and even wrongful death.

The danger posed by falls increases with age with many elderly residents of Mississippi suffering serious injuries in falls.  Seniors may be more susceptible to serious falls because of cognitive, visual and physical changes that occur with age.  The scope of the problem is revealed by the fact that almost a third of older people over the age of 65 will fall at some time during a typical year based on data from the Centers for Disease Control and prevention (CDC).  Falls are the leading cause of injury and hospital admissions for the elderly.  Almost twenty thousand seniors die in fatal falls per year, meaning that not only are the elderly more prone to a fall, but they also tend to suffer more serious injuries.

There are certain steps that you can take to help reduce the risk of your elderly loved one suffering serious injury in a fall including:

  • Keep common walkways clear of obstructions and debris
  • Maintaining reasonable fitness through diet and exercise
  • Obtain appropriate osteoporosis screening
  • Installation of handicap bars and railing in bathrooms and walkways
  • Maintain awareness of drugs that may cause dizziness, drowsiness or disorientatio

While these measures may reduce the risk of dangerous falls for seniors in their homes, this will not necessarily protect seniors against falls in businesses or nursing homes.  If your elderly loved one suffers serious injury in a fall while patronizing a business or as a resident in a nursing home, the business owner or nursing home staff have an obligation to warn of potential hazards that are not obvious and keep the premises reasonably safe.  When a business owner or nursing home proprietor fails to take appropriate safeguards to prevent injury to those who come on their property, they may be liable for any resulting injuries.

The experienced personal injury attorneys at Barrett Law have been providing tenacious representation to accident victims for over 75 years.  Our experienced and committed legal team provides innovative litigation trial strategies, effective negotiation and persuasive advocacy for slip, trip and fall victims.  We understand that you may have questions about your rights and remedies so we invite you to call us today at 662-834-2376 to learn how we can help.

 

/by

Text Messaging While Driving Is More Dangerous Than Most Think

While most drivers in Mississippi recognize that texting while driving is extremely dangerous, few people realize the true extent of the danger.  While some public safety organizations have begun referring to texting while driving as ‘the new DUI”, the practice does not yet generate the same sense of moral outrage as drunk driving.  It is somewhat hard to understand why this is the case given recent studies that suggest text messaging while driving may cause as many accidents and fatalities as driving while intoxicated.  According to a study conducted by the Human Factors and Ergonomics Society, drivers that text message are six times more likely to be involved in a car accident than those who are not texting.

While all cell phone use while driving creates a driving distraction and poses an increased risk of causing a car accident,  research conducted by the University of Utah suggest that text messaging while driving poses an especially dangerous driving hazard.  The researchers have conducted a series of studies designed to evaluate the impact of text messaging on driving and car accident rates. The researchers found that driver’s that texted while performing in a driving simulator were involved in more collisions, displayed slower braking times  when responding to brake lights and exhibited impaired lateral and forward motion in the vehicle simulator.

The researchers also concluded that the difference between driving impairment when texting as opposed to talking on a cell phone is linked to the difference in the way drivers process information. When drivers talk on the telephone they split their attention between both talking and driving and shift the priority of their attention between the activities. Texting drivers are not able to divide their attention so when they are texting their entire attention is focused on reading, writing or sending text messages as opposed dividing their attention between the task of driving and talking on a cell phone.  The study found that the reaction time for drivers when braking decreased thirty percent when drivers were texting while decreasing only nine percent when talking on a cell phone.

While Mississippi has banned text messaging in limited situations, such as use by bus drivers when transporting school kids, state legislators have failed to pass bills that would prohibit cell phone use by all drivers and even rejected a provision that would have prohibited texting in a school zone.  This is surprising given that prior studies conducted by the University of Utah have indicated that drivers who are engaged in text messaging exhibit more signs of impairment while driving than driver with a blood alcohol level of .08 percent, which is the threshold at which a driver is considered legally intoxicated.  It is inconceivable that Mississippi parents would condone an exception to DUI laws in school zones or general authorization to drive while intoxicated.

While public awareness is growing regarding the extent of the dangers associated with texting and driving, the practice still is not condemned like driving under the influence of alcohol.  It is estimated by the National Highway Traffic Safety Administration (NHTSA) that almost 5,500 people per year are killed and another 450,000 people are injured in distracted driving collisions.  If you or your loved one has been injured in a Mississippi motor vehicle accident involving a distracted driver who is texting rather than concentrating on his or her driving, our experienced Mississippi distracted driver attorneys represent our clients with diligence and compassion.  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!

 

/by

Feds Consider Guidelines to Reduce Sleep Apnea as a Cause of Fatigue Based Trucking Accidents

One of the leading causes of commercial trucking accidents in Mississippi as well as throughout the country is truck drivers that are sleepy or fatigued. Although the trucking industry is heavily regulated to prevent trucking accidents involving fatigued drivers, these regulations primarily address the amount of time a driver is on the road and the length of rest periods.  These regulations designed to prevent or reduce driver fatigue are called hours of service (HOS) rules.  Although these regulations limited drivers driving shifts and mandate rest periods, federal trucking regulations do little to address the quality of off-duty rest time.

Many truck drivers suffer from sleep apnea.  This disorder is a serious medical condition in which a person repeatedly stops and starts breathing while sleeping.  It is often characterized by loud snoring interrupted by periods where the person seems to be struggling for breath.  Sleep apnea involves breathing interruptions of 10-20 seconds that may occur hundreds of times while a person is sleeping.  This disorder often prevents a person from getting the quality of sleep necessary to be alert and awake.  Because the sleep cycle is constantly interrupted, a person will spend more time in light sleep and less time in deep sleep.  For the many truck drivers with sleep apnea, this means less attentive and mentally sharp drivers behind the wheel of big-rigs on Mississippi roads.

While it may be tempting to dismiss the seriousness of the problem, a recent study conducted by researchers in British Columbia found that a driver suffering from sleep apnea faced double the risk of being involved in a commercial trucking accident.  The study followed the accident patterns of drivers over a three year period and found that the group of drivers with sleep apnea faced a much higher risk of being involved in a tractor-trailer collision.  This study confirms earlier studies that also found a higher truck accident risk associated with drivers who suffer from sleep apnea.  Another interesting finding in the British Columbia study is that even very minor sleep apnea caused an increase in trucking collisions.

The Federal Motor Safety Administration (FMCSA) has proposed changes to existing guidelines regarding compliance with medical fitness standards concerning sleep apnea.  It has been estimated that the number of drivers of tractor-trailers who suffer from sleep apnea may be as high as 30 percent.  Although this is more than seven times the rate of sleep apnea in the general population, the disparity is predicated on the prevalence of the two leading risk factors of age and obesity amongst commercial truck drivers.  Approximately half of all tractor-trailer drivers are 45 or older and almost half are obese.

Given the serious risk associated with driving an 80,000 pound tractor-trailer while fatigued, stricter regulations to prevent sleep apnea related accidents are a constructive step.  HOS regulations can be an effective way to prevent driver from being involved in fatigued based accident related to lack of rest periods or too many consecutive hours on the road.  New sleep apnea guidelines can help ensure that drivers that may have issues in terms of quality of sleep are identified.  A tired driver behind the wheel of a forty ton fully loaded tractor-trailer is an extremely scary proposition.  The Mississippi tractor-trailer accident lawyers of Barrett Law provide zealous advocacy to those injured in trucking accidents including those caused by driver fatigue.  The commercial trucking attorneys at Barrett Law represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

/by

Thanksgiving Travel Requires Caution to Avoid Drunken Driving Accidents

Despite the high cost of fuel and challenging financial environment, people throughout Mississippi have set out for Thanksgiving travel throughout the state.  Holiday periods typically present both the highest number of travelers occupying our streets and highways and also substantial spikes in accident rates.  The combination of more vehicles on the road, driver fatigue from traveling long distances and alcohol associated with Thanksgiving parties can present a perfect storm of serious accident risks.  At Barrett Law, we want to remind Thanksgiving travelers to be safe and take extra caution when on the road during this long holiday weekend.

Thanksgiving is a common travel holiday that sees many serious accidents caused by drunken drivers. Approximately forty million people will travel in excess of fifty miles this weekend with ninety percent of those travelers navigating streets, highways and interstates across the United States.  The day before Thanksgiving is the second leading party night of the year.  It is hardly surprising that the Thanksgiving holiday weekend exceeds all other holiday periods for fatal drunken driving accidents.  Travelers should take safe routes, travel during the day when possible, get plenty of rest prior to driving and take frequent breaks.

Although law enforcement attempts to step up enforcement of DUI laws during holiday periods with DUI checkpoints, many alcohol-related accidents still occur.  An intoxicated driver poses a significant risk to everyone else on the road because of the impact of alcohol on one’s driving ability. While many drivers under the influence of alcohol report believing that they are more effective drivers when intoxicated, drunken driving impairs drivers in the following ways:

  • Impairs judgment and decision-making
  • Slows reaction time for braking and steering
  • Reduces coordination
  • Adversely affects vision and depth perception
  • Distorts perception of speed and distance

If you are involved in a motor vehicle accident with a drunken driver you may not only file a personal injury lawsuit based on negligence, but you may also seek punitive damages.  Punitive damages are designed to punish particularly offensive conduct that shows a conscious disregard for the safety of others and discourage such conduct in the future.  Frequently, punitive damage awards exceed the amount of all other types of damages in a personal injury lawsuit.

At Barrett Law, we believe traffic fatalities caused by drunken drivers are both needless and tragic. We are committed to seeking justice for the victims of drunk drivers and to diligently pursuing the best possible outcome for those victims.  We invite you to contact us 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!

 

/by

Traumatic Brain Injuries: Among the Most Devastating Car Accident Injuries

There are few personal injuries as devastating as a traumatic brain injury. This type of life-altering injury, which is often the product of a Mississippi car accident, typically has a permanent debilitating impact that may rob an accident victim of his or her ability to walk or communicate and other fundamental mental and physical functions that drastically impact one’s quality of life.  While traumatic brain injuries are not caused exclusively by motor vehicle accidents, car accidents are the most common cause of a traumatic brain injury for those under the age of 75. Traumatic brain injuries caused by car accidents are also the most significant cause of long-term serious disability in children and teens.

At Barrett Law, we know first-hand the devastating impact that traumatic brain injury can have on accident victims and their families.  A traumatic brain injury can deprive a family of the love and companionship of a close family member and cause financial turmoil.  If the person who suffers this type of life-altering injury is a substantial contributor to a family’s household income, one’s family may face astronomical medical expenses while suffering a significant reduction in household income.

Although a family may suffer an enormous emotional toll when a family member suffers a traumatic brain injury, the financial costs are almost unimaginable.  It has been estimated that the annual direct and indirect costs associated with a traumatic brain injuries in the United States exceeds $48 billion per year.  A family that has had a loved one suffer a traumatic brain injury may be faced with a cost of treatment that can be as much as $4 million.  The medical care and rehabilitative costs alone are typically as much as $150,000 for hospital bills, vocational rehabilitation and training and modifications of one’s home.

Many people presume that their chances of being involved in a serious motor vehicle accident resulting in a traumatic brain injury are remote.  This is an inaccurate assumption because traumatic brain injuries suffered in auto accidents are much more common than people realize.  More than a million people per year suffer some form of traumatic brain injury. Traumatic brain injuries are generally very serious resulting in almost fifty-thousand fatalities per year with another eighty-thousand people experiencing significant long-term disability.  Though these statistics may be surprising, they tell only part of the story.  These statistics include only traumatic brain injury victims treated in hospitals but do not count those treated in doctor’s offices or emergency rooms.

Although there may be different types of accidents that can cause a traumatic brain injury the most common cause is a motor vehicle accident. When a car, truck or SUV collides with another vehicle or stationary object, a person’s body may be jolted forward causing a head injury when the accident victim’s head strikes the windshield, dashboard or other hard surface inside the motor vehicle.  Sometimes the skull may even be penetrated by a foreign object which is forced through the skull to the brain.

Traumatic brain injuries also may be the result of the body being whipped forward and then backward in a collision. The brain may continue moving inside the skull and impact the hard bony structure of the inside portion of the skull.  The brain is made of a soft gelatinous material that is susceptible to injury when impacting the skull.  Because the skull and brain move at different speeds during a motor vehicle collision given their differences in mass and  weight, this can cause the brain to collide with the inside of the skull. The force of impact from a serious car accident can cause a motor vehicle accident victim to suffer swelling of the brain, severe contusions or axonal shearing.

Diffuse axonal shearing is a severe traumatic brain injury that occurs when the brain is propelled forward then backward inside the skull resulting in it being first squeezed or compressed and then stretched because of the soft gelatinous nature of the brain.  The fragile axons of the neurons also suffer from this process of compression and stretching.  If the force of the collision is severe enough, the axons may be stretched to the point that they tear, which is referred to as axonal shearing and can cause the neurons to die.

The Mississippi car accident lawyers of Barrett Law represent those who suffer serious injury like traumatic brain injuries.  The auto accident attorneys at Barrett Law represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

/by

How Dangerous Conduct by an Auto Driver Can Lead to a Serious Bike Accident in Mississippi

In the blink of an eye the driver of an automobile can cause serious injury or death to a bicyclist. For instance, each year California alone has over 130 bicycle deaths and 11,000 injuries to bicyclists. While many states are working hard to improve bicycle and pedestrian paths the dismal statistics will only be lessened through the implementation of stricter bicycle safety laws and increasing awareness among drivers of vehicles.

Although bicyclists fall under the same laws and protections as motor vehicle drivers, the fact remains that it is not safe in many situations to bike alongside a big truck or car. Quite often drivers of passenger vehicles are either unaware of a bicyclist or simply don’t treat them like they would treat other vehicles on the road. Large trucks may not ever see a bicyclist until they have collided with them due to the size of the truck and the blind spots which can occur directly behind or on the side.

Primary Causes of Bicycle Accidents

Unfortunately, driver negligence has been documented as the primary cause of injuries and death to bicyclists. Auto drivers may pull out of a driveway or parking lot directly in front of a bicyclist, causing a serious accident. Many times drivers also fail to yield to a bicyclist, or turn into the bicycle rider. Automobile drivers who are under the influence of drugs or alcohol can also be the cause of a bicycle accident. Further causes of bicycle accidents can be bad weather, inattentive drivers, overly aggressive drivers or drowsy drivers.

Bicycle Safety Codes

Most states operate under certain bicycle codes such as how a bicycle should be equipped during daylight hours as well as what lights and reflectors must be present when a bicyclist rides after dark. The laws spell out the fact that a biker must ride in the bike lane when one is present, as well as when it is legal to leave the bike lane. However, bicycle safety codes can only go so far in preventing accidents and fatalities—motor vehicle drivers must take seriously the fact that they don’t own the road and are bound under law to share it with bicyclists.

Driver Negligence

Many times a bicyclist may be waiting at an intersection and an impatient driver will turn in front of the bicycle. A right hand turn can knock the bicyclist over while a left hand turn can cause the bicyclist to collide with the vehicle. Other times a passing driver will fail to give a bicyclist enough space, either forcing him off the road or sideswiping him with the car’s mirror. Many auto drivers fail to recognize that bicyclists have the same rights and right of way as other drivers and may even use the biking lane as a shortcut. Drivers are also guilty of opening their car doors without looking, knocking a bicyclist over and of believing bicycle brakes are as effective as car brakes. Auto drivers should never assume a bicyclist can stop as suddenly as the car is able to.

Getting Help

If you are a serious cyclist, you run the risk of being involved in a motor vehicle crash as some point. Even if you are extremely safety-conscious, obeying all traffic laws, being fully aware of your surroundings and taking all safety precautions, an unsafe auto driver can still cause you to be seriously injured. If you were injured in a biking accident due to a driver’s negligence, it’s important that you get legal representation as soon as possible following your accident in order to obtain the most favorable outcome. Make sure your bicycle is kept safely until it has been examined to help provide evidence regarding your accident. There is a statute of limitations on personal injury claims such as this, so don’t be left holding a bag full of medical bills, unable to work and support your family.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

/by

How Important Is a Vehicle Door Latch During a Collision?

While any serious motor vehicle accident poses a risk of causing severe injuries, this danger is magnified when a vehicle occupant is ejected from the vehicle. There is a much higher probability of suffering catastrophic injuries if someone is ejected from a car, truck or SUV.  Car industry safety data indicates that there is a 300 percent increase in the probability of a car accident fatality if a vehicle occupant is ejected.  Some vehicle ejections are the product of faulty car door latches.  Manufacturers of motor vehicles consider vehicle doors to be an essential part of the overall structural strength of the motor vehicle. It is reasonable to assume that car doors would be designed and manufactured to ensure that they are capable of withstanding the pressure and impact of a typical car accident. Unfortunately, many car door latching mechanisms are not designed to withstand the impact of a typical car crash.

While many vehicles come with automatic door locks, there are a wide range of vehicles in which this is not a standard feature. This means that vehicle occupants must manually engage the door lock mechanism. While it is a widely acknowledged  that if the door lock mechanism is not engaged the door may swing open in a collision, many vehicle manufacturers do not provide adequate notice to vehicle consumers.  If you or a loved one is injured in a car accident or a loved one dies because a defective door latch fails during a collision, you may have the basis for a product liability claim against the vehicle manufacturer.  Even if the accident was caused by the negligence of another driver, this does not relieve the vehicle manufacturer of liability for a defectively designed or manufactured door latch.

Although there are industry standards that require door latch mechanisms to be designed to withstand certain levels of impact, there is no existing testing protocol to determine that door latches actually comply with these standards.  Because there is no established testing procedure for determining whether vehicle door latch mechanisms meet industry standards, vehicles are often manufactured with defective door latches that will not withstand the impact that they are supposed to be able to absorb safely.

One component of door latch mechanisms that may be defective is the remote rod. This component is what connects the door handle to the door latch.  If the remote rod bends under the force of impact during a collision, this may cause the door to fly open during a crash.  Sometimes vehicles are designed with less safe remote rods. For example, tension type rods are less reliable than compression type linkage rods, but vehicle manufacturers do not always opt for the safer alternative.  The way a vehicle is designed in the strength of the door may also impact whether or not the remote rod is compromised during a collision.  If a car door has more than one retention point, this also makes the risk of a car door flying open during a collision less likely.

Although a vehicle with a defective door latch can turn a minor collision into a catastrophic accident, vehicle manufacturers do not necessarily rush to recall vehicles because of defective door latches because of the cost associated with a widespread recall. There have been a number of incidents in the past where recalls of vehicles were delayed despite the company having information suggesting that the vehicle door latches did not meet minimum safety requirements under federal law.

The Mississippi car accident lawyers of Barrett Law represent those injured in car crashes throughout the state, including those caused by defective motor vehicles.  If you have been injured in a Mississippi car accident caused by a defective vehicle or faulty vehicle component, the experienced Mississippi car accident attorneys at Barrett Law diligently represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

/by

Have Measures to Reduce Teen Car Accidents Been Effective

Accident rates and traffic fatalities have always been higher amongst inexperienced teenage drivers.  Motor vehicle accidents cause one in three teen deaths in the United States annually.  On an average day, approximately eight teenagers aged 16 to 19 die in fatal car crashes.  When examined on the basis of the number of miles driven, teenagers in this age group are four times more likely to die in a car crash than more senior drivers.  Teenage drivers are involved in a substantial number of accidents because of inexperience, risk taking behavior and an unrealistic assessment of their own driving abilities.

One program that has been lauded as having a substantial impact on reducing the number of car accidents involving teen drivers and reducing teen accident fatality rates are graduated licensing programs which have been adopted in all states including Mississippi.  Graduated driver’s license programs are designed to grant driving privileges to new inexperienced teen drivers in stages so that the number of risk factors for new drivers is reduced.  For example, a new teen driver with an intermediate license in Mississippi is not permitted to drive at night between the hours of 10 PM and 6 AM unless there is a supervising adult driver in the front seat of the vehicle.  Teen drivers are also prohibited from text messaging while driving.

It has been widely accepted that graduated driver’s license programs are an effective means of reducing car accidents involving teen drivers.  Unfortunately, a new study reported in the Journal of the American Medical Association (JAMA) indicates that the benefits that were believed to have been generated by graduated driver’s license programs in reducing teen accident rates and teen car accident fatalities may be illusionary. The study which involved analyzing a broad range of car accident data suggests that the restrictions may simply delay teenage accidents until teenagers have obtained their unrestricted license.

Graduated driver’s license programs have been thought to be so successful that a version is now the law in all 50 states and the District of Columbia. Though there are variations between the states in terms of how these programs work, the philosophy behind the programs is similar to the program in Mississippi.  They are a system for granting driving privileges in stages that allow inexperienced new drivers to gain driving experience while reducing accident risks by gradually introducing more challenging driving situations.

Previous studies that were conducted to evaluate the effectiveness of graduated licensing programs found as much as a thirty percent reduction in teen accidents for the most inexperienced teen drivers age 15 to 17. While the new JAMA study confirmed that graduated driver’s license programs appear to reduce teen accident rates for the most inexperienced drivers much of the gain is offset by an increase in accident rates amongst fully licensed 18-year-old drivers. The JAMA study found that when accident rates were compared in states before and after the implementation of graduated licensing programs the car accident rate for 18-year-olds increased by twelve percent after enactment of a graduated licensing program.

The researchers suggest that the results may mean it is important to more gradually phase out restrictions that apply to intermediate driver’s licenses.  The researchers also suggest that the spike in accident rates for teen drivers who are 18 may be partially linked to drivers waiting longer to seek a license so that they will not be subject to the restrictions.  At Barrett Law PLLC, we have seen the tragic consequences of teen inexperience behind the wheel.  Teen driving accidents in Mississippi cause many serious injuries and fatalities.  If you are a teenager injured in a Mississippi car accident or another driver injured in a collision with a Mississippi teen driver, our experienced teen car accident lawyers have helped many people just like you obtain compensation for their injuries.  We will evaluate your Mississippi car accident claim so that we can assess you of your rights and options so call us at 662-834-2376.

/by

Tailgating Is an Extremely Dangerous Driving Practice

While failing to allow a proper following distance is one of the more dangerous violations of traffic safety laws, it remains a common practice that results in a substantial number of serious accidents resulting in severe injury, including traumatic brain injuries, spinal cord injuries, broken bones and fatalities.  While most motorist are familiar with the three second rule which involves allowing a buffer of at least three seconds between your car and the vehicle in front of you, this is a general rule of thumb that does not apply in all situations.  If you are traveling at a high rate of speed or driving in adverse weather or traffic conditions, most vehicle safety experts would advise an even wider following distance be maintained. The practice of following too closely or tailgating is a common feature of aggressive driving but also may simply be the result of an impatient driver.

While there are a wide range of violations of the Mississippi rules of the road that may constitute serious accident risks, the practice of tailgating poses a particularly unsafe driving practice because of the challenges associated with enforcing compliance.  Because estimating appropriate following distance is a highly subjective process, it is difficult for law enforcement authorities to stop and cite drivers for following too closely. This means that most times a citation for tailgating is issued when a crash between vehicles occurs that is caused by failing to follow at a safe distance.

If you are struck from behind by another vehicle when you are stopped and the other car is moving at freeway speed, you can suffer severe life-altering injuries or even the loss of someone you love. Tailgating is a two-pronged traffic safety hazard because it both increases the likelihood of an accident and also increases the potential severity of injuries. The reason that following too closely increases the likelihood of an accident is that a driver has less time to either brake or use evasive steering maneuvers to prevent a collision.  The probability of suffering more serious injuries is linked to the fact that drivers may have no opportunity to respond to minimize the impact or may be forced to overcompensate because of the limited time to respond causing them to lose control and rollover or run off the road.

If you are confronted by a tailgating driver, it is never a good idea to antagonize the driver.  An agitated or aggressive driver that refuses to allow a safe following distance can quickly become a perpetrator of road rage when antagonized.  The best approach is to simply let the other driver pass you to avoid a dangerous confrontation.  If a tailgating driver slams into another car, truck or SUV from behind, the tailgating driver usually will be liable because drivers are supposed to allow enough following distance so that they can respond if the flow of traffic abruptly stops.

If you are struck from behind by a driver that is following too close and suffer even minor symptoms, you should seek immediate medical treatment.  Many injuries that occur in a rear-end collision, such as whiplash, are not immediately apparent.  Even when someone does not notice serious symptoms associated with whiplash following a rear-ender, whiplash can cause disabling pain and limitations on mobility for months.  It is also important to make sure that an accident report is prepared by police.  The officer will be able to note in the police report that it was a rear-end collision and will typically conclude that the other driver was the at-fault driver.  The officer may even issue a citation against the other driver for following too close.

The experienced Mississippi rear-end accident attorneys at Barrett Law, PLLC have successfully represented many injury victims involved in collisions with tailgaters.  We are committed to the principle that the practice of law is a service industry so we provide legal representation based on integrity, compassion and diligence.  If you or a loved one suffers serious injury or a loved one dies in a tragic Mississippi car accident, we invite you to contact us so that we can evaluate your claim at 662-834-2376.

/by

How is Pain and Suffering Calculated in a Personal Injury Claim?

If you have been involved in a car accident which has left you with long-term, serious and even traumatic injuries, you may be entitled to reimbursement for your physical discomfort and emotional trauma. You are probably wondering, however, just how your chronic pain or emotional suffering can be equated with a specific dollar amount. In order to get to this figure there are calculators which are used, and which you can likely find online which give you a rough idea. If you are the victim of serious injuries, and emotional pain is a factor, you must have a knowledgeable attorney who can guide you in the determination of what your discomfort, both mental and physical is worth–on a monetary level at least. Once the two of you have made that determination, it is up to your attorney to convince the other party’s insurance company to see it the same way.

How Do You Figure Pain and Suffering?

The short version is that you will add your pain and suffering amount to your detailed costs for medical bills, lost wages and other related damages, then you will provide the argument which supports the requested settlement amount. In other words, suppose you returned to your job, even though your injuries were still very much in evidence and they were causing you constant pain and suffering. Even though you were back at work and bringing in a paycheck, it is highly likely that your pain would be harmful to your job, damaging your ability to make money. This amount could be included in the total damages requested. By the same token, if your job requires you to sit at a computer all day, and your back was injured in the accident, even if you return to work the pain you experience will make your job much harder than it normally is.

How Much Was Your Life Affected?

Many times compensation for emotional trauma and chronic, physical pain is calculated based on the extent your life has been altered or affected by your injuries. If you’ve undergone an injury which will resonate in your life for months or years to come, the higher pain and suffering award you are likely to get. Similarly, the more ways your life is adversely affected, the higher the damages, and if the injury is considered long-lasting, or results in a noticeable disfigurement or disability, damages go up even higher. Of course when talking about a scar, it is generally considered that when a younger person sustains a scar on their face it is warrants more attention than when an older person suffers a scar on their leg or any other place where it is not particularly noticeable. As you can see, determining how much of your life was impacted because of your injuries and resulting pain and suffering can be a delicate process.

Times Five?

One way to arrive at a figure for emotional trauma is to rank your specific levels of chronic pain and emotional distress from one to five, with five being the most serious, then times that number by the rough estimate of damages you’ve arrived at with your attorney’s help. It’s important that you calculate this realistically, however, because if your pain and suffering is really only a one, but you decide to times your damages by five in hopes of being able to quit work for a while, not only will the insurance adjuster assume you are trying to scam the system, but so will a judge, meaning you could end up with nothing instead of ending up with a fair settlement.

Pain and Suffering is Relatively Intangible

Pain and suffering is a relatively intangible issue, yet can affect your life in serious ways. Your levels of pain and suffering may include embarrassment from scars or other disfigurements, a permanent disability which will change your life forever or even the loss of enjoyment of your life and hope for your future. More specifically, an auto accident can leave you with anger, loss of appetite, chronic anxiety, loss of your chosen career, may leave you unable to concentrate or confused, could cause you to cry for no reason (often), could leave you with chronic depression and an inability to enjoy your former life, or could leave you with unwarranted fears, a feeling of hopelessness, may give you nightmares or may even negatively impact your existing relationships. It’s important that you have an attorney who will be your advocate and work aggressively to get you the compensation you need and deserve.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

/by