Bicycle Accident Involving Hundred Riders Shows Danger for Mississippi Cyclists

Sometimes there is simply no way to be safe when riding a bicycle.  Bicyclists often are exposed to bike accident risks in Mississippi because of a lack of visibility so that they are difficult to observe.  A bike rider can compensate for this lack of visibility by wearing bright colored clothes, riding in groups and using rear and front lights at all times.  Unfortunately, there is little a bicyclist can do to avoid a serious Mississippi bicycle accident when a driver crashes into a group of over a hundred bicyclists traveling in a large group.  The Barrett Law Office was founded in 1933 and has learned through many years of experience that bicyclists are inherently vulnerable to the risk posed by unsafe drivers.

A recent bicycle accident in California speaks volumes about the degree of exposure of bicyclists to bike accident risks caused by negligent drivers.  A group of a hundred riders were stopped at an intersection when a driver traveling at sixty miles per hour jumped the curb and ploughed into the group of riders.  Seven bicycle riders were injured in the bike riding accident and four suffered serious injury.  The police are investigating the incident to determine if the driver was under the influence of alcohol at the time of the collision.

This bicycle accident is a tragic example of the degree of exposure faced by bicyclists.  The large group means that they were as visible as bicyclists can be to a motorist.  The bicyclists were also stopped so they should have been easy to see and could not have unexpectedly maneuvered so that the driver could not see them.  The bicyclists also had no opportunity to take evasive precautions to avoid the accident because they were stopped at an intersection when the car ran the cyclists down.

This tragedy shows not only the inability of bicyclists to avoid serious bike accidents in Mississippi when drivers are negligent but also the potential danger of suffering severe injuries.  When even a small passenger vehicle weighing 3,000 pounds ploughs into a bicyclist, the person riding the bike has absolutely no protection from injury.  When the vehicle is traveling sixty miles per hour like the one in the California collision, the result is typically catastrophic injury and even wrongful death.

While it is unclear at this point why the driver jumped the curb driving 60 miles and hour and collided with the group of bicyclists, driver impairment or distraction are common reasons for such accidents.  Despite efforts to curb the deadly practice of drunk driving, Mississippi drunk driving (DUI) arrests increased by more then thirty percent in 2010 compared to just a few years ago.  Over 12,000 people per year are arrested for DUI in Mississippi.  Because of the vulnerability of Mississippi bicyclists, drivers under the influence of alcohol pose a deadly risk to cyclists.

A driver who ploughs into a group of bike riders may also be distracted and fail to focus on the roadway.  Distracted driving accidents are on the rise and rival drunk driving accidents as the leading threat to cyclists in Mississippi.  While many states have moved to prohibit texting while driving and restrict cell phone conversations by drivers, Mississippi has been slow to take such steps.  Although texting while driving is prohibited for new inexperienced drivers, it is permitted for experienced drivers.  Studies have shown that the reaction times of drivers who are texting while driving are comparable to those who are legally intoxicated while driving.

The bottom line is that drivers of motor vehicles have a responsibility to exercise reasonable care for others with whom they share the roadway including Mississippi cyclists.  At Barrett Law Office PLLC, we represent bicycle accident victims throughout Mississippi.  If you or a loved one has been the victim of a Mississippi bicycle accident, we offer a free initial case evaluation so contact us today at (662) 834-2376 to see how we can help.

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Do I Really Need a Mississippi Car Accident Attorney?

Most people are completely unprepared when they are involved in a car accident in Mississippi.  This is unfortunate because the actions that you take immediately following a Mississippi auto accident can have a significant impact on the likelihood of pursuing a successful personal injury claim as well as the amount that you recover for your injuries.  While it is not always essential that you have an attorney handle your Mississippi auto accident claim, it is important that you obtain legal advice from an experienced Mississippi car accident lawyer.

It is also important that you seek medical treatment and evaluation if you suffer even minor injuries.  Minor symptoms are frequently a sign of serious injuries that only become completely apparent much later.  Even though you may not need to retain an attorney for some car accidents, it is critical to obtain legal advice during a free initial consultation before making this determination.  Some of the factors that may be relevant in dictating whether you need an attorney include:

  • If the other driver was cited and paid the ticket (i.e. how clear is liability)
  • If you have a property damage claim for your car only
  • If you sustain very minor injuries as confirmed by a physician
  • If you don’t mind doing paperwork and working directly with insurance companies
  • If your case is uncomplicated
  • If your educated about your rights when it comes to insurance claims

When your accident involves serious injuries or the fault of the accident is in doubt, then it is very risky to proceed without an experienced Mississippi car accident lawyer.  It is rarely if ever the case that a person will recover more dealing directly with the insurance company directly.  Insurance companies make money by paying as little as possible on auto accident claims or by denying claims entirely.  They handle a myriad of car accident claims everyday and have teams of accident experts and attorneys so you are at a distinct disadvantage dealing directly with insurance companies.

A person can damage their claim by disclosing the wrong information to an insurance adjuster.  It is always advisable to let an attorney who can distinguish helpful from damaging information negotiate with insurance carriers.  Sometimes insurance company may request that you sign papers or that you provide a recorded statement.  You should never agree to sign anything or provide a statement to the insurance company without seeking legal advice.  This statement is for the sole purpose of gathering evidence to deny or minimize the value of your claim.

An additional benefit to retaining a Mississippi car accident attorney is that our law firm may be able to reach a settlement with the other party without the hassle of going to court.  Because insurance companies know that they have a huge advantage when dealing with someone who is not represented by counsel, they are much less likely to offer a fair settlement if you do not have an attorney.  While the insurance company may offer to settle the case, the offer will typically be for far less than the value of the claim.

When assessing the cost of retaining a Mississippi car accident lawyer, it is also important to assess the likelihood of recovering substantially less on your claim.  The average layperson has no idea how to assess the value of non-pecuniary damages like pain and suffering.  A common tactic used by insurance companies when processing a claim by a party without an attorney is to delay the process.  The insurance company may ask you to provide additional unnecessary information or offer a lowball settlement simply to drag out the process.  The insurance company understands that the longer the claim is pending the greater your medical bills and lost wages if you are off work.  Many times those who are not represented by an attorney following a car accident in Mississippi end up settling out of financial desperation because their personal bills and medical expenses are mounting with little progress toward a fair settlement.

If you are seriously injured, then you are going to need to devote your time and energy to your recovery rather than running around trying to resolve legal matters and fighting with insurance companies.  Our experienced Mississippi car accident lawyers can handle your insurance and legal issues so that you can focus on your recovery.  If you are involved in a car accident anywhere in Mississippi, we invite you to contact the auto accident attorneys at the Barrett Law Office PLLC to learn how we can help.

We have seen the consequences when victims come to us after settling with an insurance company only to realize they have serious injuries that were not apparent at the time of settlement.  We have also seen the negative consequences of speaking to the insurance company and waiting too long to contact us so that valuable evidence disappears and the insurance company uses these statements to avoid or mitigate damages.  You have nothing to lose by coming to see us for a free consultation and everything to gain so call us today at (662) 834-2376.

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Passenger Liability for a Mississippi Auto Accident

There are situations where creative legal theories are necessary because of a lack of insurance or ability to recover against a party that is responsible for a car accident.  What few people realize is that sometimes a passenger in the vehicle operated by the negligent driver may also be liable for an accident.  This is important in cases where the driver is uninsured or underinsured.  While you may be able to take advantage of uninsured/underinsured motorist coverage in such situations, you may alternatively be able to seek recovery against the vehicle passenger.  A passenger is not liable simply because the passenger is in the vehicle with a negligent driver or that they share a common goal such as a leisure outing.  There must be either specific conduct by the passenger that contributed to the accident or one of the following situations:

  • Agency Relationship: This may arise where the passenger owns the vehicle and asks the driver to take the passenger to a destination.  Another situation where there might be liability based on an agency relationship is where the passenger instructs the driver to take certain risks like speed, and the driver has been engaged to transport the passenger.
  • Employment Relationship: If the driver is actually the employee of the passenger, the employer may be liable based on the doctrine of respondeat superior (literally “let the employer answer”).  An employer may be liable for negligence of an employee if an accident occurs in the scope of employment.  If the trip was in anyway business related, the passenger (employer) may be liable.
  • Vehicle Owner: If the passenger of the vehicle also owns the vehicle and lets the driver operate the vehicle when the passenger knows or should know that the driver is either to immature or an otherwise unsafe driver, the passenger may be liable based on negligent entrustment.

A passenger may be liable when a relationship like one of those described above exists or the passenger engages in activity that actually contributes to the accident.  Examples of conduct where a driver may be negligent might include encouraging the driver to drink and drive, telling the driver that is safe to back up when it is not safe and distracting the driver from concentrating on the roadway or obstructed the driver’s view.

While the driver is usually the liable party, this is an example of how a Mississippi auto accident attorney may have to be especially diligent in identifying other responsible parties if the driver does not have insurance or is underinsured.  At the Barrett Law PLLC, our experienced auto accident attorneys have been helping auto accident victims seek compensation for personal injury and wrongful death with roots dating back 75 years.  We offer a free initial case evaluation so contact us today at 662-834-2376.  No Recovery No Fee!

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Child Safety Restraint System Failure Can Have Devastating Impact

While child safety restraint systems are an invaluable way to protect children in serious motor vehicle accidents, these car seats have long been known to possess a number of manufacturing and design defects that can pose a serious danger to children when an Atlanta car accident occurs.  Millions of car seats have been recalled in recent years because of design and manufacturing defects.  Despite these recalls, many car seats that are still on the market and can fail during a collision.  Instructions and labeling that are inadequate also cause a substantial number of child safety seat failures.  If your child has been injured or suffered wrongful death in a Mississippi car accident due to failure of a safety restraint system, you or your child may be entitled to compensation.

A product liability lawsuit based on failure of a defective child safety restraint system is based on crashworthiness principles that were developed seven decades ago.  Crashworthiness principles involve the process of reducing the risk of serious injuries through implementation of safety measures.  Evaluating safety systems for crashworthiness entails consideration of the following issues:

  • Vehicle ejection prevention
  • Degree of occupant restraint
  • Fire prevention
  • Impact on crash energy forces
  • Preservation of survival space

Despite the fact that these principles of crashworthiness have existed for decades, vehicle manufacturers continuing to produce and market child restraint systems with known defects that create the risk of injury to children involved in Mississippi car accidents.  When a car accident occurs a child’s body impacts both the car seat and the child’s internal organs impact the bone structure of the child’s body.

There are a number of child restraint system defects that may lead to the failure of a car seat in a car accident:

Type of Harness: The most effective safety restraint system is a five-point restraint system.  This type of restraint system is similar to that used in a racecar.  Many car seats employ only a three-point safety restraint system, which involves straps that come over the shoulders and buckle between the child’s legs.  One of the greatest dangers in a motor vehicle accident for all occupants is the risk of vehicle ejection.  A three-point system is much more likely to result in a vehicle injection.  The chance that a car accident will result in a fatality is almost forty times greater in the event of a vehicle ejection.

Vehicle Base Design: There can be a number of crashworthiness issues involving the base of a car seat.  Many child safety restraint systems utilize a snap in base design that is defective and may become detached under the force of a collision.

Head Excursion Issues: The degree of movement permitted to a child’s head can substantially impact the extent of injuries including head, neck and spinal injuries.  It is believed that limiting the range of head excursion can reduce the risk of catastrophic brain injuries and severe spinal injuries.

Lack of Instructions/Compatibility: Many times child safety restraint systems have inadequate or confusing installation instructions resulting in the seats being installed incorrectly.  A fair number of child safety restraint systems do not fit correctly in specific vehicles.  Although many child safety restraint manufacturers know that their car seats do not fit appropriately in certain types of vehicles, the manufacturers have continued to adhere to the defective design.

Lack of Padding: Car seats should have adequate padding particularly in the head area to protect a child from a side impact collision.

These are just a few of the common crashworthiness issues that involve child safety restraint systems.  If your child is injured in a Mississippi car accident because of a child safety restraint system that fails, your child can suffer serious injuries or even wrongful death.  The experienced Mississippi car accident attorneys at Barrett Law Office PLLC represent car accident victims including children who are injured by defective child safety restraint systems throughout Mississippi.  Our roots helping Mississippi car accident victims extend back over 75 years.  We offer a free initial case evaluation so contact us today at (662) 834-2376 to see how we can help.

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