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Do Seat Belts Really Save Lives in Mississippi?

If you’ve ever been stopped by a police officer for not having your safety belt on—or wearing it improperly by having the shoulder strap under your arm—you probably felt annoyed that the government dictates seat belt usage. Annoying or not, the truth is that the National Highway Traffic Safety Administration states that more than 15,000 lives are saved each and every years in the United States because the driver and passengers were buckled up. Now, consider if one of those 15,000 lives was someone you love—your spouse, your parent, your sibling or your child.

How Seat Belts Protect Lives

Safety belts keep the drivers and passengers inside the vehicle in the event of a crash. Even though there was an urban myth which floated around for a while which held you are much better off to be thrown from the car in the event of a car accident, this simply isn’t true. In fact, those who are ejected from the vehicle are as much as four times more liable to be killed than those who remain inside, restrained by a safety belt. The seat belt controls the strongest parts of your body—in an older child or adult, these are the hips and shoulders. A properly worn lap and shoulder belt also spreads the intensity of the crash across the widest area of your body.

When less stress is put on any one section of your body, serious injury can be averted. The shoulder strap portion of your seat belt also restricts your neck, head and shoulders from striking the dash, steering wheel or other hard parts of your car’s interiors. Bodies are injured in crashes because of the quick alteration in speed, therefore the seat belt protect you by slowing your body down and preventing it from making a sudden change in speed. Finally, a safety belt is specifically designed to protect the two most critical parts of your body—your brain and your spinal cord. Traumatic brain injuries and spinal cord injuries can have lifelong, serious consequences, and wearing your seatbelt goes a long way in preventing such a serious injury.

Make Sure You Buckle Up Correctly

Having your seat belt fit you correctly is almost as important as wearing it. The strap across the lap should fit snugly over your hips and upper thighs—not up on your stomach. The shoulder belt should be positioned across your chest area. The shoulder strap should never go across your chin or neck, and remember that placing the strap under your arms or behind your back and lead to serious injuries in the event of a crash. Children need specialized protection in the form of car seats and booster seats. Check the guidelines from the American Academy of Pediatrics to ensure you are providing the best option for your child’s age, height and weight. It is recommended that all children ride in the back seat of the vehicle, properly restrained in a car seat or seat belt, until the age of 13.

Click It—or Risk a Ticket

Every state in the United States, with the exception of New Hampshire, have seat belt laws, and in over two-thirds of these dictate that a police officer can stop a vehicle only because of a seat belt violation. In the other states the officer must have another reason to stop the car before citing the driver or passengers for failure to buckle up. You can be fined anywhere from $30 to $150 for failing to wear your seat belt, depending on your state. It is estimated that over 83% of all drivers and passengers wear their safety belts on a regular basis whether due to safety issues or fear of a citation. If you have a medical issue which prohibits you from wearing a safety belt, you will need to have a doctor’s note stating this which you carry in your car at all times. If you feel you’ve been unfairly given a seat belt ticket, contact an attorney who can help you decide whether to challenge the ticket or simply pay it and wear your seat belt from now on.

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.

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How Tired Truck Drivers Can Endanger Lives

In a motor vehicle accident between a massive 18-wheeler and a passenger car, it’s a sure bet the occupants of the passenger vehicle will come out on the losing end. A 5,000 pound passenger vehicle is just no match for a 50,000 to 80,000 pound truck. There are around 400,000 big rig accidents each year in the United States, and of these, there are over four thousand fatalities and close to 100,000 serious injuries. While big rigs are a necessary component of our lives, as they transport goods from one location to another around the clock, there is a large problem with truck drivers who continue to drive when they are exhausted and sleep-deprived.

Fatigue as a Major Contributor to Accidents

Many organizations believe that fatigue among truck drivers is responsible for as many as forty percent of all fatal truck crashes. When a truck driver nods off, they often swerve into another lane or run off the road, swiping other smaller vehicles in the process. Exhausted drivers are also much more likely to make serious errors in judgment such as improper braking, misjudging critical distances, turning too sharply or driving beyond a safe speed limit. Driving on busy freeways requires constant attention and alertness, and tired truck drivers are simply not able to give the cars around them the attention they deserve.

Why Truckers Drive When Fatigued

The trucking business is set up in such a way that unless the driver is on the road, nobody—including the driver—is making any money. The more deliveries a truck driver makes, the higher profits the trucking company will realize. When the livelihood of the trucker and his family depend on driving “just a few more” miles, you are going to see many more tired truckers, thus many more accidents. Truckers are under a tremendous amount of pressure to make their deliveries on time, and because truckers are paid by the mile rather than by the hour, there is little incentive to pull off the road and get some rest. Even in the face of new federal regulations, truckers—with the full blessing of the company they drive for—often keep two sets of log books so they can get more hours of driving time in.

Federal Regulations

The Federal Motor Carrier Safety Administration has made a concerted effort to prevent truck drivers from driving while fatigued by setting daily and weekly limits on the amount of time the trucker can be on the road. Currently truck drivers may not drive more than eleven hours in a row within a fourteen hour time period, which must then be followed by ten consecutive hours off duty.

Within any twenty-four hour period, a truck driver cannot drive more than fourteen hours, and within seven consecutive days, they are not allowed to spend more than sixty hours total driving and on-duty. Truckers must spend at least thirty four hours off-duty prior to beginning the next seven or eight day consecutive period of driving. Several groups have attempted to get the eleven hour rule changed on the grounds that they threaten the safety of the truck drivers and the drivers who share the road. The Insurance Institute for Highway Safety believes that the risk of being involved in a crash doubles when the driver has been driving longer than eight to ten hours at a stretch.

When to Consult an Attorney

If you’ve been the victim of an accident caused by a tired truck driver, it’s imperative that you hire an experienced personal injury attorney immediately. It is very difficult to battle a huge trucking company whose only goal is to stop you from getting the compensation you need and deserve to cover your injuries and damages. An aggressive attorney who is familiar with the tactics used by the trucking companies and the insurance companies will be your very best advocate in a fair settlement.

Call and speak with an experienced Mississippi personal injury attorney 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.

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How to Hire the Best Lawyer Following an Auto Accident

If you’ve suffered injuries following a serious car accident, then you should definitely hire an experienced and knowledgeable personal injury attorney who has many successes under his or her belt. There are many, many questions you must ask prior to hiring a personal injury attorney, and you will want to ensure that all these questions are answered completely and to your satisfaction. It is especially important to have a personal injury attorney in your corner before you start getting calls from insurance companies or denials of medical claims.

Help in Dealing with Insurance Adjusters

The greatest benefit to having a personal injury attorney who is working hard for you in order to get the best settlement possible is that you won’t have to deal with insurance adjusters. Many insurance companies and adjusters want you to think they are your friend and that they have your best interests at heart, however this is rarely the case. Insurance adjusters have one goal, and that is to maximize the bottom line profits for the company who employs them.

It is not in the best interest of an insurance company to simply hand over cash settlements to injured clients even though you’ve paid your premiums like clockwork for years or even decades. It can be extremely difficult for an individual to stand up to an insurance company, and they will use every trick in their arsenal to convince you to settle quickly and to settle for less than you deserve. Attorneys who deal with insurance companies on a regular basis are wise to all the tricks and are unfazed by the attempts to intimidate. Your attorney will make sure the proper paperwork is filed in a timely fashion, thoroughly investigate the accident and make sure your side of the story is heard.

What Should I Look For in My Personal Injury Attorney

When you are looking to hire a personal injury attorney, make sure you investigate his or her past results. If you know friends or acquaintances who have used a personal injury attorney, speak with them to get their overall impressions. Many people will be happy to recommend an attorney—or tell you which one not to hire. The past results of the particular attorney can prove the attorney’s expertise and knowledge as well as their overall integrity and honor.  You will also want to find out whether or not the attorney was both aggressive and fearless when dealing with insurance companies and protecting your rights. Checking out prospective attorney’s websites won’t give you a full picture, but will give you at least some indication of what you will be dealing with.

How Much will it Cost Me?

Most personal injury attorneys charge you nothing unless they win your case; if nothing is recovered, then nothing is what you owe them. This is known as working on a contingency. You will want to find out what your attorney’s portion of the final settlement will be, because it can vary widely. Contingency agreements are beneficial to the client, because you are not required to put money up front. Your attorney is betting on his skill in obtaining you a good settlement, and his or her payday will come at the end when the case is concluded.

Comparing Attorneys

Once you have your “shortlist” of personal injury attorneys, compare them to one another, then set up appointments with two or three in order to discuss your case and see which attorney you feel most comfortable with—you will be spending a considerable amount of time with the attorney and want to make sure your personalities are a good “fit.”

Ask About Time and Assurances

It’s important to ask your chosen attorney to give you some sort of assurance on the claim he intends to negotiate on your behalf, as well as how much time he expects it to take. Although these are not absolute guarantees, you will want to have some sort of indication about the potential success of your case.

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.

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Airbags—Saving Lives, Causing Injuries in Mississippi?

While airbags have been proven to save lives, there are instances where that same airbag has unintended negative effects, resulting in injuries and, in rare cases, even death. While most of the complaints about airbags relate to minor injuries such as abrasions and bruises, sometimes airbags can more severely injure a passenger, especially children or infants, especially if the airbag is defective. The National Highway Traffic and Safety Administration recalled over 1.4 million airbags due to safety issues in 2004 alone. As airbags continue to get more and more sophisticated and complex in the goal of saving lives, they also have more potential to malfunction and not go off when they are needed. The issue is that it’s impossible to know whether an airbag is defective until it’s too late.

How Airbags are Designed?

First of all, air bags were specifically developed for a male who is 5 ft. 8 inches tall and weighs 180 pounds. No considerations were made for shorter or smaller people, children, or even those who naturally sit closer to the steering wheel. In certain people who have heart conditions or osteoporosis, and exploding airbag could potentially be fatal. An airbag goes off with 2,000 pounds of force at a speed of over two hundred miles per hour. Because of this, adults may suffer brain trauma, head and neck injuries or spinal and torso injuries when an airbag deploys.

An airbag is designed to deploy in any crash which equals a vehicle crashing into a solid object at eight to fourteen miles per hour. The airbag is a fabric bag which fills up with nitrogen gas upon impact due to a sensor which instantaneously detects the intensity and direction of the crash as it happens. The sensor sends an electric signal which initiates the chemical reaction, and the bag inflates, then vents in the bags allow them to immediately deflate after cushioning the occupants from the crash.

Other Injuries Caused by Airbags

A deploying airbag can cause blunt trauma to the eyes in the form of orbital contusions or abrasions, blurred vision or even retinal detachment. If the occupant remains in the car or truck for a significant amount of time with the windows closed and no ventilation available, the contents of the airbag can cause eye irritation.  An airbag which deploys can also be the cause of an asthma attack in a person who has the disease due to inhaling the dust from the airbag.

In some cases occupants have suffered chemical injuries from burns which are caused by the gas which is emitted from the airbag during a crash. While more serious airbag injuries are uncommon, they do happen. If a person is very close to the airbag when it deploys they could suffer a traumatic brain injury, facial scarring or even death. Airbags can occasionally drive broken glass into the victim’s upper body and face, causing severe cuts and abrasions.

Why You Must Wear a Safety Belt if Your Vehicle has Airbags

The primary instance where an airbag will cause more harm than it does good is when the occupant is not wearing a safety belt. Drivers who are unrestrained have incurred serious and fatal injuries from airbags as the body is going forward while the airbag is going toward you. When the two meet at high speeds serious injuries or death are likely to occur.

If you have been the victim of an airbag injury caused from a defective airbag, it is essential that you contact an experienced Mississippi personal injury attorney who can determine which party is responsible for your injuries.

Call us today to discuss your legal rights and the details of your right to fair compensation.

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Can Distracted Pedestrians Cause Auto Accidents in Mississippi?

Most of us are aware that distracted drivers are responsible for a large number of accidents. Whether drivers are talking on their cell phone, texting, eating, fiddling with the radio, or turning around to see what the kids are doing in the back seat, distracted driving is a major contributor in auto accidents. While legislators are doing their best to do something about the use of cell phones through texting bans or requiring a hands-free speaker for your cell phone, they have not yet addressed the dangers of distracted pedestrians.

Statistics on Pedestrian Accidents

Over 5,000 pedestrians are killed each year in an auto accident with another 70,000 or so being seriously injured. Over half of these accidents take place at night while fast-moving children and slower moving seniors are far and away the most vulnerable group. Over one-tenth of all traffic fatalities involve pedestrians, leaving literally thousands of people permanently disabled due to such accidents. While a pedestrian is more likely to die in an accident which took place on a rural road—due to higher speeds—many more pedestrian accidents and resulting deaths occur in urban settings. While the vast majority of pedestrian accidents, injuries and fatalities are the result of distracted, negligent, reckless or impaired drivers, there are occasions where the pedestrian is at fault.

Pedestrian Distractions

If you live in a city it’s a pretty sure bet you have observed pedestrians talking on their cell phones while crossing busy intersections, or even reading a map, or looking at a city landmark instead of paying attention to traffic. Many pedestrians have headphones on and are listening to music, effectively preventing them from hearing the screech of brakes or even a honking horn, depending on the volume level of their music. In our age of super-technology, it is even not so uncommon to see a pedestrian reading their electronic Kindle or Nook as they walk down the street, or to see them surfing the net on their iPad.

Even if they are not engaged in some sort of interaction with an electronic device, you will see pedestrians walking in groups with their friends who are totally engrossed in the conversation—and totally oblivious to dangers around them. Finally, there are a fair amount of pedestrians who are impaired through the use of alcohol or drugs who wander city streets on a regular basis. These people have no comprehension of the potential danger of walking across a busy city street without looking either way.

Studies on Pedestrians and Cell Phone Use

Research has shown that pedestrians who are talking on their cell phone tend to walk slower, are much less likely to notice other people and objects around them, are substantially less likely to either wait for traffic to stop before crossing or to look both ways before crossing, are more likely to step out in front of an approaching car, and overall pay much less attention to traffic. Additionally, cell phones have been shown to block the field of vision from whichever direction the phone is held to the ear, and more distraction is noted when the phone connection is back, or the background noise is especially loud. This research could likely be applied to those using Mp3 players, iPads, Nooks and Kindles as well. Essentially, anything which captures the attention which should be 100% focused on the vehicles and people around the pedestrian results in a distraction which could end up being deadly.

The number of pedestrian deaths and injuries is on the rise, and it is likely it will continue to rise as more and more pedestrians ignore the rules of safety and continue to use attention-absorbing hand-held mobile devices. There is some talk among government officials regarding making the use of such devices in crosswalks illegal, but the bottom line is that pedestrian distraction can be just as harmful as driver distraction.

If you are the victim of a pedestrian accident caused through pedestrian distraction, consult a Mississippi personal injury attorney from our law firm for legal advice.

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Driver Error in a Mississippi Car-Pedestrian Accident

When most of us think of car accidents we usually envision either a single car accident or a vehicle-on-vehicle collision. Unfortunately, some accidents involve pedestrians, often with extremely serious or even fatal consequences. Obviously, a pedestrian is much more vulnerable to injury or death than the person inside the car that hits the pedestrian. When a 5000 pound piece of metal and glass hits a pedestrian, even at a low speed, the outcome is rarely positive.  Even though pedestrian accidents only make up about 11% of annual car accident fatalities, they are nonetheless the second most common cause of death due to a motor vehicle.

Causes of Pedestrian-Car Accidents in Mississippi

Generally, there are two primary causes of car-pedestrian collisions—driver error or pedestrian error. Pedestrians can disregard traffic lights, jaywalk, or small children may suddenly dart into traffic, endangering themselves as well as the parent who pursues them. Drivers may also disregard traffic signals or traffic laws or may simply not be paying attention to the pedestrians around them. Almost fifty percent of pedestrian accidents occur from 6:00 p.m. to midnight, suggesting that inability to see pedestrians may be a significant factor in car-pedestrian accidents.

Children under sixteen are most often the victims of pedestrian accidents, and there appears to be more pedestrian accidents on Friday, Saturday and Sunday than on the other weekdays. The speed of the car is a major factor in whether or not the pedestrian will survive the accident—the faster the car is traveling, the less likely it will be able to avoid hitting a pedestrian and the more likely the accident will be fatal to the pedestrian.

Specific Driver Error Factors in Pedestrian-Car Accidents

Automobile drivers often will disregard crosswalks at intersections, creating a significant risk for a serious pedestrian accident. Drivers must always take appropriate measures to ensure pedestrians are not crossing the road before entering a designated crosswalk. Other times auto drivers will ignore traffic controls, particularly those which specifically relate to pedestrians, or will fail to yield to a pedestrian who has already entered the driver’s lane as they start to cross the road. Unfortunately, impaired driving has left many pedestrians dead or seriously injured as the drunk driver drives onto a sidewalk and hits an unwitting pedestrian. There are even drivers who blatantly ignore the red, flashing lights of a school bus and pass, creating a high risk of injury to children who are getting off the bus.

Getting the Help You Need

A car-pedestrian collision is a traumatic event, both for the driver of the car, and of course for the pedestrian who has been struck. No one wants to be guilty of having injured another human being, especially one in such a defenseless position as a pedestrian. While pedestrians should always observe and obey traffic signals, and avoid distractions while walking, drivers must be hyper-vigilant, especially in city areas where pedestrians are common and small children could come from nowhere. If you or a loved one has been involved in a pedestrian-car accident it is imperative that you contact an experienced personal injury attorney in your area. Pedestrians who are struck by an automobile usually have extensive injuries, and could be out of work for weeks, months, or even years while they heal and recuperate. This adds up to mountains of medical bills as well as no income, meaning such an accident could devastate you and your family. You deserve compensation for your injuries, most especially if they were the result of driver error or a negligent or distracted driver. Don’t wait, as there is a statute of limitations for filing your Mississippi personal injury claim. Contact a knowledgeable Mississippi personal injury lawyer from our law firm who may be able to help you obtain the compensation you deserve.

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Have You Suffered a Slip and Fall in a Public Place?

Over one million injuries each year in the United States are a direct result of a slip and fall, and, in fact, falls are consistently one of the leading causes of injury. Personal injury attorneys often use the term “slip and fall” in cases where a person slips or trips—usually as the result of a spill or other issue—generally on someone else’s property. When the fall and subsequent injuries were a result of negligence or failure to maintain property as required, the property owner can be held legally responsible. If you’ve been the victim of a slip and fall, and are still dealing with the medical and financial aftermath, it is crucial that you seek legal representation. Such cases can be complex, and require an experienced attorney who will work aggressively to prove your case and get you a settlement you not only need, but deserve.

Why So Many Falls?

There are so many falls with injuries in our nation in part because most of us do not fully understand the complexities of same-surface slip and fall accidents, assuming people fall because they are awkward or careless, or because they stepped on an object in their path. In truth, people fall for many reasons including the interaction between the walking surface and a person’s shoes as well as the surrounding environment with all its many distractions.

What Causes Slip and Fall Accidents?

There are a wide variety of typical causes for slip and fall accidents. There could be torn or frayed carpeting in a public area which the owner has neglected to repair, or changes in the height of flooring which can give the walker an unwelcome surprise and cause them to end up on the ground, possibly with serious injuries. Poor lighting, narrow or steep stairs and a wet or sticky floor can all cause slips, and stairway injuries can be quite serious. Public sidewalks may be broken or cracked to the point they cause falls, or hidden hazards such as a pothole in the ground can catch a person totally unaware, leading to injuries such as broken bones. Inclement weather, especially rain, ice and snow are also responsible for a number of slip and falls each year.

What are Your Rights Regarding a Slip and Fall?

When you are walking in a public place you have the absolute right to be warned of any hazards which could cause you to slip and take a tumble. If there are warning signs of hazards ahead and you proceed anyway, you must assume at least a portion of the risk. However, if a known hazard has been ignored or knowingly disguised, it can be assumed that an accident will likely occur. Poor lighting often disguises defects in walking surfaces or flat-out hazardous conditions, therefore changes in your “normal” walking environment must be made clearly visible to all pedestrians to safeguard their health. Walking surfaces should be properly illuminated with the necessary amount of contrast to enable walkers to see what lies ahead.

Determining Liability

The bottom line in determining whether someone else was legally responsible for your injuries following a slip and fall is whether or not the property owner exercised due care to avoid such accidents, and whether your own actions or careless behavior significantly contributed to your fall. Your lawyer can advise regarding whether a dangerous condition did in fact exist, and whether the owner or possessor of the property could have been reasonably expected to be aware of the that condition.  It must have also been reasonably foreseeable that negligence or failure to take action on the part of the owner would likely create such a dangerous condition.

Time will be a critical factor in this determination; if a customer spilled a soda on the floor of a fast food restaurant, and three seconds later you walked into the mess and found yourself on the ground, then the owner could not be reasonably expected to have removed the hazard before your arrival. If, on the other hand, the soda was spilled two hours ago, and it still has not been cleaned up, your case just became much stronger in proving negligence. It is incredibly important that you have photos of the scene of the slip and fall as well as witness statements to corroborate your own account of your fall.

An experienced Mississippi slip and fall attorney can ensure your rights are protected during this time.  Call us today for a free consultation.

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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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