Hours of Service Rules Not Sufficient to Prevent Fatigue Based Trucking Accidents

Few motor vehicle accidents in Mississippi result in the kind of carnage that is a common result of commercial trucking accidents.  The trucking industry is subject to both federal and state regulations.  One of the most significant factors in commercial trucking accidents is driver fatigue.  Commercial truck drivers are under pressure to drive longer and take fewer breaks both to increase their pay and increase trucking company profits.  While there are strict rules that govern the hours that truck drivers spend on the road and the amount of frequency and duration of rest periods, these formal limits may be insufficient to prevent fatigue based trucking accidents.

Approximately 50 percent of all commercial trucking accidents are caused by driver fatigue according to the National Transportation Safety Board (NTSB).  Although the trucking industry is expected to comply with hours of service (HOS) rules that limit the amount of time drivers are on the road without breaks and dictate break periods before driving shifts, these rules frequently are violated.  Commercial truck drivers keep logbooks that are supposed to provide a record of compliance with HOS rules.  However, these logbooks are routinely altered.

While some tractor-trailers have black box data recorders that can be used to verify the accuracy of the logbook, these data recorders are not present in all vehicles.  There is also no requirement that the data be preserved following a commercial trucking accident.  This makes it imperative to contact an experienced Mississippi trucking accident lawyer promptly following a trucking accident who will take steps to prevent destruction of the data on the black box data recorder.

The HOS rules are also somewhat out of touch with the reality of driver fatigue issues.  Drivers HOS rules permit drivers to be on the road for 11 hours at a time.  Smartmotorist.com reports that driver fatigue can set in with no more than eighty minutes on the road without a break.  A truck driver may not be on the road longer than 11 hours without a 10 hour rest period afterwards.  The rules do not require breaks during a long 10 hour period on the road which can result in fatigue based accidents.

Long periods without breaks can result in fatigue which may cause a deterioration in critical driving skills including decision making, concentration, visual sharpness, slow reaction times and other impaired driving ability.  The mere fact that a driver complies with HOS rules does not mean that a Mississippi commercial truck driver is not fatigued.  A driver may still be negligent because the driver does not get sufficient sleep or take breaks while on a driving shift.  Truck drivers frequently feel pressure imposed by unrealistic schedules imposed by trucking companies to drive despite feeling fatigued.  This can have catastrophic results.

At Barrett Law, we have been representing those injured in commercial trucking accidents throughout Mississippi.  We have deep roots as a Mississippi personal injury law firm and have been representing those injured in serious motor vehicle accidents for over 75 years.  Our commercial trucking accident lawyers offer a free initial case evaluation so we invite you to call us at 662-834-2376.

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Mississippi Potholes More Than a Minor Nuisance

Many in Mississippi do not realize the serious danger that can be posed by potholes, particularly to those on motorcycles and bicycles or pedestrians.  Potholes can be as a big as a foot wide and several feet deep.  Even if you slow down to go over one, a pothole can cause a motorcycle or bicycle to tip over or a pedestrian to trip and fall.  The danger is amplified if you do not see a pothole.  The impact with a pothole on the tire of a car, truck or SUV can cause a tire blowout resulting in loss of control of the vehicle or even a rollover accident.

Potholes are typically caused by several factors such as constant driving over a tear in the asphalt or weather elements such as sleet and hail.  Rainwater is one of the biggest factors in creating potholes and causing them to expand in size.  Public entities like municipalities are typically responsible for repairing holes and cracks in streets promptly to prevent them from becoming potholes.  Because some cities do not repair the potholes littering their streets, pothole accidents are on the rise.

Potholes can have a substantial impact on a vehicle causing a tire blowout and/or loss of control of the vehicle.  Studies have shown that going over a pothole unexpectantly is like having a car hit you at over 30 mph.  This impact can result in a motorcycle or bicycle falling over resulting in catastrophic injuries or the driver of a car or SUV losing control of the vehicle.  The results of a pothole accident can be catastrophic injuries or even death.

Motorcycle accidents and bicycle accidents caused by potholes are extremely dangerous.  Because these vehicles have only two wheels, they are ill-equipped to handle going over a pothole at a high speed.  It is also important to realize that buses, trucks, minivans, and SUVs are at risk as well.  Even a larger vehicle can have its suspension, steering or tires damaged resulting in the loss of control of the vehicle and serious pothole accident related injuries.

Anyone who is aware of potholes should take pictures of the potholes in their neighborhood and surrounding areas.  It is important to make the city aware of such potholes so that they can be repaired which may prevent pothole accidents that can cause serious injuries or wrongful death.  If you have informed the city of potholes in your neighborhood, you should keep detailed records of any correspondence with city officials.  If you or someone you love is involved in a motor vehicle accident caused by a pothole, the photos and records of correspondence provide important evidence of the public entity’s knowledge of the hazardous pothole.

To reduce your chances of being a victim in a pothole accident, you should slow down and drive carefully over any potholes.  If you or someone you love suffers serious injury or wrongful death in a pothole accident, you should promptly contact a Mississippi personal injury attorney specializing in motor vehicle accidents.  At the Barrett Law Offices PLLC, we have roots that extend back over 75 years representing injury victims in Lexington and throughout Mississippi.  We offer a free initial case evaluation so that we can provide candid legal advice so call us today at (662) 834-2376.  NO RECOVERY NO FEE!

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The Incidence of Teenage Drivers’ Auto Accidents in Mississippi

Over 5,000 teenaged drivers will die this year as a result of fatal injuries caused by an automobile accident, while another 400,000 will be seriously injured. Teenagers in the 16-20 age category are at a higher risk than any other group for being involved in a car accident, and while teenaged drivers are only 10 percent of the overall population, they account for over 12 percent of all fatal car accidents. If you’ve ever wondered why insurance rates are so astronomically high for male teenaged drivers, it could be due in part that the death rate due to auto accidents for teen male drivers is more than one and a half times that of their female counterparts.

These young male drivers are also much more likely to drink while driving, drive at excessive speeds and drive without wearing a safety belt. The first couple of years after a teenager gets his or her license is the riskiest period of time during the teen years. Inexperience and recklessness create a volatile combination—one that is very difficult to fix with new teenage drivers taking to the road every day.

Distracted Driving Among Teens

Even though there are more laws being passed against texting or using cell phones while driving, teenagers are among the worst offenders. Because teenagers tend to believe they are bulletproof, they may not always pay such close attention to the laws designed to keep them and others on the road safe. Teens are tied to their phones in ways few adults can understand, and it’s up to the parents to impress upon them the seriousness of texting and driving. Quite often there are numerous other teenaged passengers inside the car being driven by a teenager which multiplies the distractions.

The Responsibility of the Parents

When all is said and done it is the responsibility of the teen’s parents to teach proper driving techniques and practice those techniques every day. Children who grow up observing their parents driving in a consistently safe manner are more likely to do so themselves when they are teenage drivers. If the parents see they are not driving responsibly, it is up to them to take away the driving privileges until proper safety practices are put into place. Your teen’s life could depend on it.

Graduated License Programs Can Prevent Teenage Accidents in Mississippi

Graduated driver licensing programs have proven quite successful in allowing teenagers to get the experience they need before they are fully licensed. A graduated driver licensing program delays a full license for first-time drivers while they drive in low-risk conditions and no more than one passenger. First year drivers are also prohibited from driving after midnight, which is typically a high-risk time for young drivers to be on the road. Programs such as this have led to an almost 39% reduction in fatal car accidents among teens, however no all states are currently on board with the graduated license programs for teens.

Tips to keep Teens Safe in Mississippi

Set limits on after-dark driving for your teen, especially on the freeway, and set a strict limit on the number of friends your teen is allowed to have in the car with them. Maintain a zero-tolerance policy regarding texting and driving and require seat belts to be worn at all times. Make sure your teenage driver fully understands the impact of driving while intoxicated as well as the consequences of underage drinking.

If you’ve been the victim of an accident due to an inexperienced driver or if your teen has been involved in an accident, contact a personal injury attorney who is knowledgeable about the potential consequences of teenage driving.

At Barrett Law, PLLC, a dedicated Mississippi car accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

 

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The Most Common Causes of 18-Wheeler Accidents in Mississippi

Nearly one in every eight traffic fatalities involves an 18-wheeler. Large commercial trucks typically need much more time to come to a stop, are more likely to have significant blind spots which prevent them from seeing much smaller vehicles on the road, are often carrying heavy loads which could scatter hazardous debris following an accident, and are more prone to rollover than automobiles. Because of the specific nature of the big rig, the truck driver often walks away from an accident with fatalities with only minor injuries, and every year in the United States, over 5,000 people will die as the result of an eighteen-wheeler trucking accident.

Aggressive Driving of Truckers Contributes to Accidents

The sheer weight of a tractor-trailer truck on the highway makes it a formidable enemy when the truck is involved in an accident with a passenger vehicle. Unfortunately, many drivers of 18-wheelers drive in an overly aggressive manner, leading to an increase in accidents. Although there are plenty of truck drivers on the road who are conscientious, safe drivers, those few who are not can give the entire industry a negative image. Many truck drivers who are driving in a less-than-safe manner do so because of the unrealistic schedules forced on them by the trucking company they work for. Truckers are consistently under tight deadlines and mileage quotas, making for very stressful work conditions, which in turn can lead to aggressive driving. Truckers end up making unsafe lane changes, failing to yield the right-of-way to passenger vehicles, making unsafe, too-wide turns, cutting off other vehicles, or driving too fast for the road conditions.

Truck Driver Fatigue Causes Accidents

Although Federal commercial trucking regulations certainly require truckers to stop and rest during their work day, keeping logs to prove they have taken the required breaks, the reality is that due to company pressure and tight deadlines truckers do not always follow these rules. Since both the truckers and the trucking companies make more money the quicker the loads make it to their destination, there is little incentive to follow the Federal guidelines.  Logs can be doctored and truck drivers can end up spending far too many hours on the road, becoming fatigued and even falling asleep at the wheel. Truck drivers also often drive in the early morning or late night hours in an attempt to avoid traffic, which also adds to driver fatigue.  This level of driver fatigue is responsible for many serious truck accidents.

Truck Driver Distraction Causes Accidents

Driving negligence often involves driver distractions such as cell phone use, the use of on-board computers, eating while driving, the use of a GPS, or even fiddling with the radio or other musical device. While truck driver distraction can be difficult to prove, Electronic Control Modules such as the type used in airliner black boxes can record crucial details which took place immediately before the accident occurs. If the truck in question contained an ECM, your attorney will subpoena the records in order to prove negligence or driver distraction. If it is suspected that the driver was using a cell phone, then cell phone records will be obtained and analyzed.

Improperly Secured Loads Cause Accidents

One safety standard that is often overlooked is a properly secured load which can contribute to accidents on the highways. Improperly secured loads can lead to loose objects falling into the road, flying off and hitting car windshields, or can cause the trucker to lose control of his truck as objects from an unsecured load fly off. In short, an unsecured load on an 18-wheeler is an accident waiting to happen, and puts innocent people in danger.

Big trucks are responsible for many of the deadly and devastating accidents which occur on America’s roadways. If the truck driver is not giving his full attention to the road, then the risk of an accident significantly increases. If you have been involved in an accident with an 18-wheeler, it is imperative you find a personal injury attorney who has specific experience in trucking accidents. Your attorney will need to establish liability in order to secure a fair and reasonable settlement for all injured parties, so don’t leave your future to chance or the goodwill of the trucking company.

At Barrett Law, PLLC, a dedicated Mississippi truck accident attorney from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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The Potential Legal Complications of a Multi-Car Accident in Mississippi

A multi-car accident is any accident which involves three or more vehicles, including motorcycles, trucks or passenger vehicles. Because there was likely an underlying cause which initially caused the crash, a multi-car crash can be a nightmare on many different levels. Dealing with your insurance company will be much more complex, and you may find it harder to pinpoint who the negligent party actually was, meaning it may be more difficult to prevail in a personal injury case. If you have been involved in a multi-car accident, it’s important to get experienced legal representation as soon as you possibly can.

What Caused the Accident?

The cause of a multi-car accident will likely be the same as in an accident involving two cars. Human error could be a cause of the accident, or it could be attributed to driver fatigue, driver distraction, drunk driving, mechanical failure, inclement weather or sheer recklessness. Many multi-car accidents happen on freeways when cars are driving too fast and too close to one another. When a car stops suddenly way up the road, the cars behind don’t have enough reaction time to avoid an accident.

Who Will Be Liable for the Accident in Mississippi?

Determining the level of responsibility for each driver involved will be an extremely complicated and ultimately incredibly stressful process. Each driver will have a different version of the car crash, and there will be much more data to factor in. A report from the police departmetn is critical even if the police decline to state which driver was at fault. The police report will, at the very least, state the details surrounding the accident such as weather and road conditions, time of day, and approximate speeds the cars were traveling. If it is very obvious who was at fault, then that fact will be in the report.

Comparative vs. Contributory Negligence in a Multi-Car Accident

The fault in a multiple car accident will be determined through either comparative negligence or contributory negligence. If your accident falls under the laws of contributory negligence the person who was hurt in the accident is only be able to receive reimbursement for medical expenses if they did not contribute to the accident in any way. In other words, if you were speeding, therefore could not avoid a pile-up in front of you as a result of that speed, then you would be unable to get compensation. Under comparative negligence, liability for the accident will be weighed according to how much fault can be attributed to each driver, meaning your own damages could be reduced because you were speeding, but you would still be entitled to recover a percentage of the damages.

Whose Insurance Will Cover Your Medical Bills?

Insurance companies will be even more apt than usual to deny claims or point the finger of blame at everybody other than their own insured in a multi-car accident. Remember not to admit fault in a multi-car accident even if you feel the blame was yours. Get medical attention immediately for any injury, no matter how small, as this will weigh heavily when your attorney is negotiating with the insurance companies.

Why Do I Need a Mississippi Accident Attorney?

Sorting out the complicated mess of all the parties involved may involve accident reconstruction, securing witness statements and considerable amounts of investigation. There will be extended communications with the various insurance companies and drivers involved in the accident. While law enforcement personnel may cite the individual drivers if it is readily apparent who was at fault, many times they will simply let the lawyers figure it out. Finding who is at fault can be almost impossible which is why you need an attorney who will defend your rights and aggressively prove your lack of fault or reduce your liability in any way possible. The statute of limitations in multi-car accidents can actually be as short as thirty days, and it is wise to allow your attorney to navigate the complexities and be responsible for meeting critical deadlines.

At Barrett Law, PLLC, a dedicated Mississippi accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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Federal Regulators to Eliminate Major Loophole in Drug Testing of Tractor-Trailer Drivers

Although federal regulations have mandated drug testing for truck drivers operating tractor-trailers for well over a decade, some rather major loopholes have allowed those who would otherwise be disqualified from driving on Mississippi highways to remain on the road.  New proposed legislation called the Safe Roads Act may eliminate many of the loopholes that permit commercial drivers to avoid drug and alcohol testing requirements.  Recent studies have shown that almost 70,000 commercial truck drivers currently operating tractor-trailers have tested positive for drugs.  Despite the issue of liability, commercial trucking companies hire these potential unsafe drivers for a variety of reasons including:

  • Many trucking companies fail to conduct adequate background checks that might reveal such tests.
  • Those truck drivers that are independent contractors continue to drive despite positive drug tests.
  • Commercial truck drivers do not disclose prior positive drug tests to potential or current employers.
  • Self-employed drivers who are negligent do not voluntarily remove themselves from service.

The new legislation is aimed at keeping commercial truck drivers who have tested positive for drug use off the road by employing a more comprehensive reporting and enforcement system.  The legislation contemplates the development of a comprehensive database that will compile information regarding drug test results including refusal to submit to such drug testing.  The law would impose an affirmative duty on employers and medical review officers to report positive tests for alcohol and drugs to the national database.

Commercial carriers will be required to check the database as part of their background check during the hiring process for any commercial truck drivers.  To ensure that employers obtain current data, tractor-trailer drivers will be required to provide tests at least every three years.

While drug and alcohol use by drivers of tractor-trailers is in decline, the problem still persists.  Drug use by commercial truck drivers appears to have outpaced alcohol use as a potential danger to other motorists.  A report by the Insurance Institute for Traffic Safety (IITS) of interstate commercial truck drivers found that 15 percent of all truck drivers tested positive for marijuana, 12 percent tested positive for non-prescription stimulants, 5 percent tested positive for prescription stimulants, 2 percent tested positive for cocaine and less than 1% had alcohol tested positive for alcohol.  Alcohol use by truck drivers was once a very serious problem but is now only a factor in a relatively small percentage of trucking accidents.

Trucking companies that are lax about conducting background checks before hiring new truck drivers are directly responsible for many injuries and fatalities caused by commercial truck drivers that should not be on the roadways of Mississippi.

The Barrett Law Office represents those injured in commercial trucking accidents throughout Mississippi.  We are committed to handling the legal and insurance issues related to serious Mississippi trucking accidents so that our clients can focus on healing.  If you or your loved one has suffered injury or the loss of a loved one in a tractor-trailer accident, a Mississippi truck accident attorney is available today for a free initial consultation when you call us today at (662) 834-2376.

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Rollover Accidents Which Result in Fatalities or Serious Injury in Mississippi

Any vehicle which has a higher center of gravity is much more vulnerable to a rollover when involved in a one-vehicle crash. To some extent the type of vehicle comes into play, and SUV’s and pickup trucks will often ride higher off the ground than passenger cars. Even those vehicles which are considered to be “five-star”—meaning they have garnered the very highest safety rating available as a result of rigorous testing—still have a much greater risk of a rollover when involved in a crash involving a single vehicle. It is theorized that sports cars which have a five-star vehicle rating may have a greater number of rollover accidents than other vehicles which garnered only three stars or less because of the more aggressive level of driving among many sports car owners.

Common Causes of Rollover Accidents in Mississippi

Nearly 95% of the time a rollover accident is caused by the vehicle striking something close to the ground, such as a curb or slight ditch, which then causes the car to tip. More than any other type of automobile crash, a rollover involves a complex interaction of the specific behaviors of the driver, the road conditions at the time, and other environmental factors. Vehicle type, as mentioned, is also a factor as the higher, thinner vehicles will be much more likely to roll over when involved in a one-car accident. While speed is certainly a factor, it is more often a factor in those rollovers which result in a fatality, with over forty percent of rollover crashes which result in death involving excessive speed. Almost 75% of all fatal rollovers occur in places where the recommended speed limit is 55mph or above.

Alcohol and other Factor in Rollover Accidents in Mississippi

It is estimated that over fifty percent of all rollover crashes which result in death involve alcohol. Even if the driver was not technically over the legal limit, alcohol is well known to negatively impact a driver’s judgment, dexterity and vision, meaning losing control of the vehicle is much more likely. Rural areas are more often the landscape of rollover accidents, as rural roads are more likely to have lanes which are not divided and have no barriers. Although negotiating curves is certainly a factor in rollovers, driver distraction, inattentiveness or excessive speeds are also contributors. Rollover accidents are by and large single-vehicle crashes, meaning there is no other vehicle involved in the accident. This lends credence to the theory that driver conduct is of great significance in rollover crashes.

How Your Vehicle Offers Protection during a Rollover

When a rollover is detected by a newer-model vehicle, the side-impact air bags are activated, along with the normal safety belt retractors which take up the slack from the seat belt, holding you firmly in your seat. If your vehicle possesses a rollover sensing system, it is, in some cases, able to detect an impending rollover even while the angle is small and none of the tires have yet left the ground.  Side airbags remain inflated longer than those in the front in order to protect the occupant’s heads during a rollover, while keeping the occupants from being thrown from the vehicle. Ejection from the vehicle is what normally causes fatalities, so a vehicle which possesses side-impact airbags offers you a much better chance of survival. If you drive an older vehicle or one which is not so well-equipped, you are more likely to be injured or killed in such an accident.

The Aftermath of a Rollover Accident in Mississippi

Victims of rollover accidents are often left with pain and severe injuries which can be extremely hard to cope with. There may be long-term medical consequences which result in continuing doctor, hospital or therapist bills. A skilled personal injury attorney who is knowledgeable about the ins and outs of rollover accidents can navigate the insurance process for you, allowing you to focus on healing your injuries while he or she negotiates a settlement to compensate you for any possible negligence by the maker of your automobile. Rollover victims are likely to suffer injuries to the head, legs, knees, neck and spine—injuries which occur when the roof of the car hits the road. Don’t go through this painful time alone—rather allow an experienced personal injury attorney to help you through the process.

At Barrett Law, PLLC, a dedicated Mississippi auto accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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Sick Truck Drivers Cause Serious Tractor-Trailer Accidents

Tractor-trailers are the most dangerous vehicles on the road because of their massive size and weight, which can cause unparalleled carnage when they collide with another motor vehicle.  One of the most dangerous situations involving a tractor-trailer in Mississippi is the risk of a commercial trucking accident involving a commercial truck driver who has a serious medical condition and is unfit to operate a tractor-trailer.  How serious is the problem?  All one needs to consider in answering that question is that there are hundreds of thousands of tractor-trailer drivers who are also eligible for full federal disability benefits according to a safety study.

While the Federal Motor Carrier Administration has been aware of the problem for years, there has been little improvement in safety regulations to protect Mississippi motorists from drivers who suffer serious medical conditions that may result in a driver suffering a seizure or loss of consciousness behind the wheel.  The danger posed by sick drivers who are unfit to drive first assumed national recognition in 1999 after a fatal busing accident claimed the lives of 22 occupants.  The vehicle left the roadway and ran off an embankment after the driver reportedly slumped behind the wheel.  The commercial driver was later revealed to have had a severe medical condition involving his kidneys that had necessitate multiple hospital stays.  An investigation of the incident revealed that the driver had been released from the hospital only hours before and had medications in his system prone to make him drowsy.

There have been few changes to keep medically unfit drivers off the road since recommendations were made in 2002 following this tragic accident.  Almost a decade later most of those recommendations have not been turned into policy or regulations.  There has been over a thousand tractor-trailer accidents involving truck drivers who are medically unfit since that time.

Despite the danger posed by the idea of an unconscious driver behind the steering wheel of a tractor-trailer that is barreling down the highway at a rate of sixty mile per hour, the rules designed to keep sick drivers off Mississippi roadways are ludicrously inadequate.  All that is required is a certificate of medical fitness from virtually any health care professional including nurses and chiropractors.  Further, there are no standards for the type of medical evaluation or what constitutes medically fit.  Because there are no regulations governing the competency or expertise of the medical evaluation nor standards for conducting the evaluation or determining medical fitness, the system provides virtually no protection from sick truck drivers on Mississippi roadways.

The experienced tractor-trailer accident attorneys at Barrett Law Offices represent those injured in serious commercial trucking accidents including those caused by truck drivers with serious medical conditions that render them unsafe to drive.

If your or someone you love has been injured in a serious Mississippi tractor-trailer accident, our experienced Mississippi tractor-trailer accident lawyers have been helping clients just like you for over 75 years.  We offer a free initial case evaluation so call us today at (662) 834-2376.

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Taking Legal Action Following a Drowning or Swimming Pool Accident in Mississippi

The Center for Disease Control reports 3,308 United States drownings in 2004—an average of nine people per day, and for each person who drowns, another 1-4 people suffer serious enough injuries that they require hospitalization. Half of those survivors will suffer a significant level of neurological impairment, leaving them with highly uncertain futures. Children under five and those between the ages of 15-24 have the highest drowning rates, and one-fifth of all children who drown do so in a public pool with a lifeguard on duty.

Why are There So Many Drownings?

Accidents involving water can be both terrible and deadly. Water accidents and drownings occur in water parks, motels or hotels, private pools, lakes, rivers or ponds.  These tragedies can be the result of supervision which has failed in its duty, sheer negligence in the form of faulty gates, drains or other hazards, or when a victim has entered an area which was meant to be restricted.

While we tend to believe that children who drown were not being closely supervised, statistics show that 70 percent of the preschoolers who drown were in the care of one or both parents—and were missing from sight for less than five minutes. This statistic proves how quickly such a calamity can occur.  Even the victims who survive a potential drowning often have some level of brain damage as a result of the lack of oxygen during the accident, effectively changing their lives forever.

Safety Recommendations for Home Pools

Because the vast majority of drownings occur in backyard pools, there are specific safety recommendations in place for pool owners. First and foremost, property owners with a pool on their property are required to have a four-sided isolation fence which is a minimum of five feet high surrounding their pool. The fence must possess self-closing and self-latching gates and must prevent direct access.  Additionally, many pool owners go the extra mile and install motion detectors, pool covers which prevent access and remote cameras to ensure the safety of neighborhood children.

Proving Negligence in a Drowning

Grieving parents are often desperate to find answers as to why their child is gone, and may also want to prove negligence in order to ensure other parents never experience such heartbreak, however a wrongful death claim involving a drowning can be difficult to pursue. Essential to proving liability are the facts surrounding the incident, and, as we all know, memories fade rapidly and physical evidence can be quickly destroyed. This is the primary reason to hire an attorney immediately following the accident to ensure a proper investigation is conducted.

Responsibility for Safety

It is generally accepted that a resort, park or public pool has a responsibility to keep their visitors safe, and if can be proven that officials or owners were irresponsible in this duty and a death or accident occurred as a result, that negligence is established. It may also be that the lifeguard was not paying attention or performing his or her job in a responsible manner, also resulting in a claim of negligence. Private pool owners also have a duty to implement safety measures to ensure that small children cannot gain access to the pool, precipitating an accident.

While no amount of money can ever compensate for the life of a loved one, there are drowning cases and water accidents which warrant pursuit of criminal actions against the negligent parties. It is also imperative that an attorney who is highly experienced and knowledgeable regarding drowning accidents be involved in the process as this is a highly specialized area.

At Barrett Law, PLLC, a dedicated Mississippi personal injury accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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Rules of Conduct Following an Accident In Mississippi

There are several basic “rules” that you should always take seriously following an accident. Some of them you should follow because it’s the law and you could get into trouble if you don’t, while others are just common sense rules that make dealing with an accident much smoother.

Never Leave the Scene of an Accident

You could find yourself being criminally prosecuted if your car has been involved in an accident and you leave before the police arrive. It’s also a good idea to avoid moving your car (unless you are risking further accident or injury by leaving it where it is) until a police officer has been able to take a look at the accident scene. If you are blocking traffic, try to move the very shortest distance away from where the impact took place. If you’ve suffered injuries from the accident stay in the vehicle until the emergency personnel arrive to assess your physical condition. Call the police yourself, or have someone at the scene call for you, but make that call a priority.

If the Other Driver is Reluctant to Contact Police

If you are a victim of negligent driving which resulted in an accident, and the other party says, “Oh, let’s just handle this ourselves without calling the police,” do not be persuaded! Even if you’ve properly exchanged information, you may end up very sorry should you not call the police and have an accident report filed which will detail the accident as well as who was at fault. If you later find that the other driver was either uninsured, or comes up with a completely bogus story about how the accident actually happened, then you will be the one to bear the financial hit. Your insurance may not pay due to lack of a police report, and you could be stuck with injuries and damages to your car that you will have to pay out of pocket for. Take the time and call the police, and don’t be bullied into ignoring this crucial step.

Don’t Refuse Medical Attention

It happens time after time at accident scenes. People who are involved in a crash routinely refuse medical attention even when they are feeling at least some level of pain. They go home, then hours later find that their pain has increased significantly, and end up in the emergency room. The problem with this is that if and when your case reaches court, your delay in seeking treatment can be used against you to prove your injury was not a result of the auto accident. In most all cases where the accident was any worse than a very small bump-in, you and your passengers should be checked out by EMT workers, emergency room personnel or your own personal doctor before you go home.

Never Admit Fault

If you are able, following an auto accident, try to jot down notes as to when the accident occurred, the weather and road conditions, the absence or presence of street lights or skid marks, etc. Make a diagram which shows the location of the vehicles involved in the accident as well as any traffic signals or signs in the immediate vicinity. Good notes can serve you well should your case go to trial. While you will definitely want to exchange insurance information with the other driver, and state the basics to the police, it’s never in your best interest to admit responsibility for the accident until you have consulted an attorney.  Your statements following an accident can come back to haunt you, and in any case, the police may determine the other driver was equally at fault, so use your right to remain silent if you are thinking of “confessing.”

Call an Attorney

Even the simplest auto accidents can require many steps by the people who suffered injuries, and dealing with the insurance companies, medical issues and possible lost wages can be very complex. Failure to notify your insurance company could lead to a denial of your claim down the line, so hiring a lawyer can allow you to focus on getting better rather than dealing with insurance issues.

At Barrett Law, PLLC, a dedicated car accident lawyer in Mississippi from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

 

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