Frequently Asked Questions (FAQs) Mississippi Trucking Accidents

Tractor-trailer or commercial trucking accidents are unique amongst types of Mississippi motor vehicle accidents for both the degree of carnage caused by a trucking collision and the complexity involved in trucking accident claims.  Many victims of Mississippi trucking accidents presume that although tractor-trailers are large vehicles handling trucking collision claims are more or less akin to any other motor vehicle claim.  This is not only a mistaken assumption, but one that can adversely impact one’s trucking accident claim.  The choice of a Mississippi trucking accident lawyer is not a decision to be taken lightly particularly because these collisions often result in debilitating life-altering injuries.

Because tractor-trailer accident claims are far more complex than those involving other motor vehicles, it is important to carefully screen your Mississippi trucking accident attorney to make sure that he or she has the experience, expertise and knowledge to successfully handle your trucking accident case.  An ideal way to learn about your rights and options if you are involved in a tractor-trailer accident is to speak to one of the experienced Mississippi tractor-trailer attorneys at Barrett Law.  Because we receive many questions about trucking accidents, we have provided some answers to common questions below.

Are Mississippi trucking accidents really more dangerous than other types of motor vehicle accidents?

Absolutely!  A fully loaded tractor-trailer combination can weigh forty times more than the typical passenger vehicle.  The increased weight associated with tractor-trailers mean that the force of impact in a collision is likely to be far more intense.  Tractor-trailer accidents account for almost thirteen percent of all motor vehicle accident fatalities.  The danger to those who share the roads with tractor-trailers is reflected by the fact that 98 percent of the time the person who dies in a fatal trucking collision is an occupant of the other vehicle.

What are the most common causes of tractor-trailers accidents?

There are many causes of trucking accidents in Mississippi but driver error is the most common factor.  When trucking companies fail to conduct proper screening when hiring a driver or do not provide adequate training or supervision of commercial drivers, the risk of serious trucking collisions is extremely high.  Trucking accidents may also be caused by poorly maintained trucks, trucks with defective components or roads that are not properly designed or maintained.  Some common causes trucking accidents in Mississippi include the following:

  • Fatigued drivers who violate Hours of Service (HOS) rules
  • Drug or alcohol impaired truck drivers
  • Truck drivers who travel at an unsafe speed
  • Failure of truck drivers to properly check “no zones” (i.e. large blind spots on tractor-trailers)
  • Lack of inspections and maintenance

What laws govern the operation of tractor-trailers?

While commercial truck drivers are subject to the Mississippi Rules of the Road that govern drivers of other motor vehicles, they are also required to obtain a special commercial license and must comply with an extensive matrix of federal and state regulations.  The Federal Motor Carrier Safety Administration (FMSCA) promulgates regulations designed to promote safety and prevent trucking accidents at the federal level.  These regulations impact a wide range of safety issues including but not limited to driver fatigue, screening of potential hires, size and weight limits, drug and alcohol testing and a wide range of other topics.  The experienced trucking accident lawyers at Barrett Law are well versed in these regulations.  Violations of these regulations often provide a basis for imposing liability on a commercial driver or trucking company.

Is the process of negotiating or litigating a trucking accident claim similar to other types of motor vehicle accidents?

Trucking accident claims involve unique issues that are not typically part of other motor vehicle accident claims.  Critical evidence including log books that track issues like driver fatigue, onboard digital recorders and other evidence may be destroyed or altered so prompt action is necessary to preserve such evidence.  Further, trucking companies often characterize a commercial driver as an “independent contractor” to avoid minimize liability and distance the company from a driver who causes a collision.  Our tractor-trailer accident lawyers are familiar with such trucking industry practices and work diligently to protect important evidence and unveil the reality behind a purported independent contractor relationship.

While this information may answer some of your questions, we invite you to contact us if you need additional information.  Our experienced Mississippi tractor-trailer attorneys can evaluate your claim and provide some preliminary information about your rights and options.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to trucking accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Frequently Asked Questions (FAQs) Mississippi Pedestrian Accidents

Few motor vehicle accidents in Mississippi are as dangerous as pedestrian accidents.  Pedestrians have no protection when they are struck by a motor vehicle, and the human body is simply not built to withstand impact with a moving projectile of steel moving at high rates of speed.  Many motor vehicle accidents involving pedestrians result in life-altering injuries and tragic fatalities.  Children and elderly pedestrians are most vulnerable to being involved in a pedestrian accident with a car, truck or SUV.  Our experienced Mississippi pedestrian accident attorneys at Barrett Law have been representing Mississippi pedestrian accidents for over 75 years.  Our Mississippi law firm receives many inquiries about the rights and options of pedestrian accidents.  While we have provided information directed at addressing many of these inquiries below, we invite you to contact our law firm to seek more information if you still have questions after reviewing the information provided here.

What are the most common causes of Mississippi pedestrian accidents?

Pedestrian accidents are frequently caused by unsafe driving practices or defective roadways that are designed primarily for motor vehicles.  Some pedestrian accidents may also be caused by defective vehicle components. The most common causes of pedestrian accidents in Mississippi include the following:

  • Drivers exceeding the speed limit or otherwise driving at an unsafe speed
  • Disregarding traffic signs and signals at intersections
  • Failing to stop at crosswalks
  • Drivers impaired by drugs or alcohol
  • Distracted driving including using cell phones while operating a motor vehicle

What should I do if I am involved in a Mississippi pedestrian accident?

The first priority if you are involved in a pedestrian accident is making sure that you obtain medical attention.  Even if you believe that you have only suffered minor injuries or symptoms, it is important to get prompt medical attention.  Prompt medical attention can improve your prognosis and may provide objective evidence of your injuries to refute later allegations by the other driver’s insurance company that your injuries are fake or exaggerated.  Many injuries that are quite serious do not immediately manifest significant symptoms.  It is also important to preserve evidence if you are physically able to do so including securing contact information from witnesses.  Once you have obtained medical attention, it is important to seek prompt legal advice.  Personal injury claims involving pedestrian accidents are subject to strict time limits called “statutes of limitations” so time is of the essence in seeking legal advice.  Failure to comply with the statute of limitations typically will result in a complete bar to a lawsuit regardless of its merits.

If I file a pedestrian accident claim, what damages are available?

The damages that may be available in a Mississippi personal injury claim vary depending on the specific facts and circumstances in the case include the following:

  • Lost income
  • Pain and suffering
  • Expenses associated with medical treatment and hospitalization
  • Compensation for partial or total disability (lost future income)
  • Loss of consortium (adverse impact on spousal services or companionship)
  • Funeral and burial expenses in wrongful death cases
  • Punitive damages for some reckless conduct like drunk or alcohol impaired driving

If you or a close family member is injured in a pedestrian accident, the experienced Mississippi pedestrian accident lawyers at Barrett Law represent our clients with diligence and compassion.  We have built a reputation that has promoted the growth of our law firm throughout Mississippi since our firm was founded over 75 years ago.  The experienced Mississippi pedestrian accident attorneys at Barrett Law have been providing aggressive representation to pedestrian accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Understanding Causation in Mississippi Personal Injury Lawsuits

If you are involved in a car accident, slip and fall, construction accident or other incident where you suffer serious injury, you may have the ability to seek financial compensation for your injuries in a personal injury lawsuit.  A successful personal injury claim requires an accident victim to establish that the negligent (i.e. unreasonably unsafe) conduct of the defendant “caused” injury to the plaintiff.  While this may sound straightforward enough, the notion of cause is different as it is used in personal injury litigation than when the term is used in ordinary parlance.

There are two prongs to proving causation in a personal injury lawsuit which may vary slightly depending on the jurisdiction but generally include: (1) actual causation and (2) proximate causation.  Actual causation is essentially what people normally think of when they say that an unsafe act “caused” injury to a victim.  There is an uninterrupted chain of events in which the unsafe conduct of the defendant resulted in injury to the defendant.  For example, a car runs a red light and T-bones another vehicle causing the vehicle occupant in the other vehicle to be thrown forward violently and suffer serious head and neck injuries.

This is an easy example, but the causal connection between a negligent party’s unsafe conduct and injuries suffered by an accident victim can be infinitely more tenuous.  A little more sophisticated example might include a chain reaction collision where a vehicle slams into stopped traffic causing multiple vehicles to collide with the vehicle in front of them.  Again, it is easy to understand that while the driver that started the collision did not actually collide directly with the last vehicle to suffer impact in the chain reaction collision, the driver that initiated the chain reaction accident was a “but for” cause of the injuries suffered by the last driver involved in the collision.  If not for the unsafe driving of the first driver who failed to stop, occupants of the last vehicle would not have been injured.

Actual cause (also referred to as “but for cause”) is not the only sense in which the term “cause” is used in Mississippi personal injury lawsuits.  There are certain situations when there is clearly a chain of events where it can be said that unsafe conduct resulted in injury where the connection is so convoluted and unforeseeable that liability is not imposed based on public policy.  The key issue is foreseeability both in terms of a particular kind of unsafe conduct causing injury as well as the injury being within the scope of the risk that would be anticipated from such unsafe conduct.

A recent case involving a train that collided with a pedestrian provides a good illustration of this type of causation.  In a Chicago case, a man was running to catch a train when another train hit the man who was tragically killed in the fatal train accident.  A large body part of the man who was killed was propelled a hundred feet through the air and struck a woman who was waiting to catch yet another train to work.  The woman suffered a broken leg, fractured wrist and shoulder injury.  There was no question that if the man had not been running to catch his train that the woman would not have been injured.  However, the question was whether the injury to the woman was a foreseeable risk of running across a railroad track to catch a train.  The court ruled that the risk was foreseeable so the estate of the man who was killed had to compensate the woman for her injuries.

One other issue that must be considered when trying to understand “causation” as the term is used in personal injury litigation is the impact of intentional acts of third parties.  Sometimes the intentional conduct of a third party may be considered a “superseding cause” that may cut off liability of a defendant.  However, this is only the case if the act or hazard created by the third party is not a foreseeable consequence of the defendant’s conduct.  Again, the best way to understand this distinction is by way of example.  If a driver pushes a passenger out of a moving vehicle, the driver would likely be liable for injuries suffered in the fall.  However, the driver might not be liable for additional injuries suffered if someone passing by mugs the passenger ejected from the vehicle.  Although the driver still might be found to be liable if the passenger was ejected from the vehicle in a high crime area.

While the train accident might show the outer boundary of foreseeability in some respects, it is certainly the case that when running across a train track one might be hit and thrown into a bystander causing injury.  The bottom line is that terms like “causation” may have very different meanings from the way these terms are used in everyday language.  If you are injured by the negligent conduct of a third party, the experienced Mississippi personal injury attorneys at Barrett Law can help explain these complexities that may complicate your personal injury lawsuit.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Lack of Insurance Puts Nursing Home Victims at Risk of Abuse and Neglect

Nursing home abuse and neglect is a serious problem that affects many senior citizens who may suffer serious injury or even wrongful death.  Nursing home residents and their families have been fighting back in many states against abusive treatment and substandard care that often rises to appalling levels.  There have been record verdicts against nursing homes during the last several years including judgments of tens of millions of dollars in punitive damages.  The threat of litigation and massive verdicts provide strong incentive for nursing homes to correct understaffing, hiring and supervision practices that result in substandard care for seniors.  Unfortunately, this incentive is substantially diminished in Mississippi because many Mississippi nursing homes fail to carry adequate liability coverage.

Mississippi nursing homes lack the same deterrent to negligent or substandard care because when nursing homes are hit by massive judgments they can simply declare bankruptcy to avoid paying a judgment.  This also impacts settlement negotiations because attorneys that represent nursing homes in personal injury and wrongful death lawsuits in Mississippi know that if their client is hit with a substantial judgment that they can simply bankrupt the judgment.  Because many nursing homes lack insurance to cover a Mississippi personal injury judgment, it is important to work with an experienced Mississippi nursing home abuse law firm that has experience with litigating nursing home lawsuits in Mississippi.  At Barrett Law, we carefully evaluate nursing home abuse and neglect to identify all parties that may share liability so that we can maximize the available insurance and resources to recover compensation for our clients.

While a proposal last year would have made it mandatory that Mississippi nursing homes carry a minimum of $500,000 in liability insurance coverage, this proposal was successfully opposed by the nursing home industry.  While virtually all non-profit or government run nursing homes in Mississippi have liability coverage, there are dozens of for profit nursing home that have no liability insurance.  This is a very important issue because it can directly impact the quality of care in a Mississippi nursing home.  While personal injury lawsuits are intended to compensate victims for injuries and loss, they also serve a crucial role of holding wrongdoers accountable and creating incentives for businesses like nursing homes to establish procedures and policies that protect residents from accidental injury or intentional abuse or neglect.  If you are considering entrusting a Mississippi nursing home with the care of a loved one, it is important to check whether the facility carries liability insurance.

If your loved one is the victim of physical, emotional or financial abuse or serious neglect in a Mississippi nursing home, an experienced nursing home attorney at Barrett Law has been representing injury victims in Mississippi for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Electrocution Accidents on Mississippi Construction Sites

Electrocution accidents on construction sites pose a serious risk of catastrophic injury and wrongful death.  Construction sites are among the most dangerous workplaces, and electrocution accidents account for the second leading cause of death on construction sites.  Accidents resulting in electrocution injuries are most common on construction sites when heavy equipment makes conduct with power lines.  These serious accidents can also happen when someone is not aware of all of the potential electrocution hazards on a construction site.  A metal ladder that is being carried on a construction project may make contact with power lines on the ground or overhead.

Electrocution accidents may occur when dump trucks, excavators, conveyors, front loaders or other equipment makes contact with elevated power lines.  If you are involved in an electrocution accident on a construction site, you may suffer serious injuries like paralysis, amputation injuries or wrongful death.  These accidents may result from negligent operators or lack of training and supervision on a construction site.

Any type of construction accident poses unique challenges because of the constantly changing environment on a construction site and worker’s compensation law.  Our experienced construction accident lawyers work diligently to preserve critical evidence that can be altered or disappear on a construction project.  Because worker’s compensation law is an exclusive remedy when seeking compensation for work related injuries against one’s employer, it is often essential to establish liability by third parties on construction sites to recover the full measure of compensation for one’s injuries.  General contractors and subcontractors may be at fault. They need to be held accountable for providing inadequate training and supervision to employees and temporary workers.  These entities must increase awareness of electrical hazards in construction and telecommunications. Construction companies, building code inspectors, architects, and electrical engineers must provide detailed and understandable plans highlighting lethal electrical currents.

If you suffer serious injuries resulting from an electrocution injury on a construction site, the experienced construction accident lawyers at Barrett Law may be able to obtain the financial compensation you deserve.  If you or your loved one is injured by negligent conduct that results in an electrocution accident on a construction site, Barrett Law has been representing injury victims in Mississippi for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Why You Need a Personal Injury Attorney for Your Car Accident Claim

If you are involved in a serious motor vehicle accident whether it involves a passenger vehicle, motorcycle, tractor-trailer, bus, bicycle or pedestrian, the injuries you suffer can be devastating and impact virtually every aspect of your life.  Severe injuries suffered in a Mississippi motor vehicle accident can impact your employment, marital relationship, family interactions and daily activities.  While obtaining substantial financial recovery in a Mississippi personal injury lawsuit can play a substantial role in your ability to obtain the best medical and rehabilitative care and to preserve your quality of life, many people make the regrettable mistake of presuming that they do not need a personal injury attorney.

Insurance companies handle thousands of accident claims each year and have the resources and experience required to effectively minimize the value of claims or avoid liability altogether.  The typical insurance carrier will have a team of attorneys and experts that are experienced in developing defense strategies to avoid fairly compensating victims.  There are many substantive and procedure defenses and strict timing requirements that are unfamiliar to the typical layperson which an insurance company may exploit to deny a claim.

The cost to effectively litigate a personal injury lawsuit in a motor vehicle accident case can easily reach into the tens of thousands of dollars.  Insurance companies may hire accident reconstruction experts to argue that an accident victim caused the collision or medical experts to explain to a judge or jury why one’s injuries could not have been caused by the motor vehicle accident.  When you work with an experienced Mississippi personal injury lawyer at Barrett Law, we typically advance the costs of litigation so that the insurance company cannot simply win a war of attrition by making it impossible for you to afford the cost of effectively litigating your case.

An accident victim that attempts self-representation in a Mississippi personal injury lawsuit is also at a great disadvantage because of the complexity and terminology involved in understanding the law.  Mississippi insurance defense attorneys have the specialized training and experience to know what legal and procedural strategies are effective.  A layperson has little chance of successfully navigating a civil lawsuit against a licensed attorney.  The court will hold a layperson to the same rules of evidence and procedure that an attorney is expected to follow.  These rules are often extremely complex and convoluted.

An insurance company is well aware of their advantage when facing a party that is not represented by counsel in a personal injury lawsuit in Mississippi.  The insurance company has little incentive to offer any meaningful settlement offer because the insurer knows that it has the advantage if the case goes to trial.  The insurance provider also understands that an inexperienced layperson does not know how to determine if a settlement offer is reasonable.  This means that even if an offer is made to settle the personal injury claim it will typically be for far below the actual value of the claim.

Because personal injury law firms like Barrett Law work on a contingency basis, there is really no financial advantage for a motor vehicle accident victim to try to go it alone against an insurance company.  Our Mississippi personal injury law firm generally advances all costs and does not receive attorney’s fee unless we recover against the defendant.  This means that we assume all the risk and provide the knowledge and expertise to ensure the best chance at a favorable outcome.  If you still have questions about why our Mississippi personal injury lawyers at Barrett Law can help you obtain the compensation you deserve, we invite you to contact us to learn how we can help.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Frequently Asked Questions (FAQs) What To Do If You Are Involved in a Mississippi Car Accident

Although there are in excess of three million car accidents in the U.S. annually, no one expects to be involved in a motor vehicle collision when they leave home.  An unanticipated Mississippi traffic accident often means that a driver is unprepared when disaster strikes.  The aftermath of a collision is a stressful time full of confusion and often physical pain, which makes it a bad time to consider what to do unless you have thought thing through beforehand.  We often receive questions about appropriate steps in the aftermath of a collision so we have provided some answers to frequently asked questions.  While the information below provides basic guidance regarding common questions that injury victims have after a Mississippi motor vehicle accident, the best way to gain more specific information is to contact an experienced Mississippi auto accident lawyer at Barrett Law.

What should I do at the accident scene?

The first thing to do is to assess your injuries and take a deep breath.  A car accident can badly rattle someone so it is best to try to remain calm and determine if you or anyone with you is injured.  If anyone is injured or remains in danger, the first priority is to make sure to summon police and emergency medical services.  It is also a good idea to preserve any evidence that you can by securing the names of witnesses, using your phone to take pictures of injuries as well as vehicle positions and damage and securing the other driver’s license and insurance information.  When the officer arrives at the scene, it is advisable to communicate how the other driver caused the accident.

Do I need to go the doctor if I suffer only minimal injuries?

This is a loaded question because it can be very difficult to assess one’s injuries following a Mississippi car accident.  While you may think you have only a minor bump on the head or soreness in the back or neck, these symptoms can hide severe injuries to the head, neck and back.  Many serious conditions suffered in Mississippi car accidents do not manifest significant injuries immediately.  Even if you think your injuries are only minor, it is advisable to have yourself checked out.  A doctor will have access to diagnostic tools that can both provide more prompt treatment and preserve evidence of the injuries that you suffered in your collision.

Should I talk to the insurance adjuster for the other driver?

Many Mississippi drivers make the mistake of assuming that they can wait on hiring a Mississippi car accident lawyer until they find out what settlement the insurance company for the other driver might offer.  This is never a good idea because while you are waiting to obtain assistance from a legal professional the insurance company is diligently building a defense designed to deny you recovery or substantially reduce the value of your Mississippi car accident claim.  The insurance adjuster may engage in a variety of tactics designed to induce you to compromise your Mississippi car accident claim including:

  • Stalling so that you fail to comply with the statute of limitations or other timing requirement
  • Trick you into giving a recorded statement or making damaging statements
  • Delay to allow critical evidence or witnesses to disappear
  • Deceive you regarding the value of your claim

An injury victim must always be aware that the insurance company for the other driver has one goal to avoid paying you the full value of your claim.  It is always advisable to avoid direct communication with the insurance company, and you should never sign anything without legal advice.

What should I look for in a car accident law firm to represent me in handling my Mississippi car accident claim?

The best personal injury law firms in Mississippi have been practicing personal injury law for many years and limit their practice to personal injury.  Successful litigation of car accidents in Mississippi requires extensive resources and experience.  A general practice firm may lack the specialized expertise that comes with a law firm that limits its practice to personal injury law.  A firm that has a long history of practicing personal injury law will typically be successful as evidenced by the law firm’s long tenure.

If you suffer serious injury in a car crash, our experienced Mississippi car accident lawyers at Barrett Law have been fighting for the right of motor vehicle accident victims for over seven decades.  If you have question beyond those answered above, we invite you to contact us and speak to one of our knowledgeable Mississippi car accident litigation team.  The experienced Mississippi car accident injury attorneys at Barrett Law have been providing tenacious representation to personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mississippi Motorcycle Accidents Frequently Asked Questions FAQs

Motorcycles are increasing in popularity both with those looking for a more cost effective mode of transportation, and those who wish to ride a motorcycle as a form of recreation while seeing the back roads of Mississippi.  The danger posed to motorcycle riders is increased by continuing inaccurate stereotypes that riders are lawless outlaws.  Most passenger vehicle drivers do not realize that two-thirds of all motorcycle accidents are caused by drivers of passenger vehicles.  The rate of severe injuries and fatalities associated with motorcycle accidents has increased as mandatory helmet laws have been partially or totally repealed in a growing number of states.

Because our Mississippi motorcycle accident law firm has been representing motorcycle accident victims for decades, we receive lots of questions from those involved in motorcycle accidents.  While the best way to obtain legal advice if you are involved in a motorcycle accident in Mississippi is by speaking with one of our knowledgeable Mississippi motorcycle accident attorneys at Barrett Law, PLLC, we have provided some answers to frequently asked questions below:

How prevalent are motorcycle accidents that result in serious injuries or fatalities?

Motorcycle accidents result in a disproportionate number of severe injuries and fatalities.  Motorcycle accidents account for four times the number of accidents than would be expected based on the number of motorcycles on the road when compared to other types of vehicles.  Collisions involving motorcycles are not only more common than accidents involving other motor vehicles they also result in more serious injuries.  Motorcycles are 5.5 times more likely to be involved in a fatal accident than other motor vehicles based on the number of registered vehicles.  The numbers are even more startling when considered on a per mile driven basis.  A motorcyclist is 35 times more likely to be killed in a fatal collision than the occupant of a passenger vehicle on a per mile driven basis.

Am I required to wear a motorcycle helmet under Mississippi Law?

Unlike other states that have enacted total or partial repeals of universal helmet laws, Mississippi requires all motorcyclists to wear helmets when operating a motorcycle.

Does it affect my Mississippi personal injury lawsuit if I was not wearing a helmet at the time of my motorcycle accident?

Generally, you can still pursue a personal injury lawsuit even if you were not wearing your helmet at the time of the collision.  However, your failure to wear your helmet may reduce the measure of damages that you recover in a motorcycle accident if you suffer a head or neck injury.  The judge or jury may assign a degree of fault for the severity of your injuries to you under the legal doctrine of comparative negligence.  The recovery you receive may be reduced by the proportion of fault assigned to you.  If your injuries were to a different part of the body like a rib injury, then your failure to wear a helmet would likely be irrelevant.

Who may I pursue a personal injury lawsuit against if I am injured in a Mississippi motorcycle accident?

The most common defendant in a motorcycle accident lawsuit in Mississippi is another driver.  Depending on the specific circumstances of your motorcycle accident, other potential defendants may include public entities for unsafe roads, vehicle manufacturers for defective vehicles or those who entrust a vehicle to an unsafe driver.

Is the police officer correct if he says that I was speeding because I left skid marks?

While skid marks are an accurate indicator of speed in a passenger vehicle, they are not a good indicator of speed with a motorcycle.  Motorcyclists typically cannot create a long skid mark from the rear wheel without losing control of the bike.    If a rider brakes hard with the front brakes, the back tire will typically lift off the roadway rather than leave a skid mark.

What damages can I recover in a personal injury lawsuit involving a motorcycle accident?

If you are involved in a motorcycle accident, you may seek the following damages depending on the specific circumstances of your motorcycle collision:

Lost income

Medical bills and hospital expenses

Compensation for pain and suffering and diminished quality of life

Diminished future income because of disability

Burial and funeral expenses (wrongful death action)

If you have other questions about your right to recover compensation for injuries suffered in a Mississippi motorcycle accident, we invite you to speak to an experienced motorcycle accident attorney at Barrett Law.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing tenacious representation to victims of unsafe and inattentive drivers for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Distracted Driving: Electronic Devices Not the Only Risk

There has been considerable discussion in the media regarding the appropriateness of imposing a ban on all use of handheld electronic devices while driving.  The media coverage is understandable given the recent recommendation by the National Traffic Safety Board (NTSB) that all states implement a complete ban on the use of portable electronic devices.  While the NTSB cannot pass mandatory regulations, it is influential with lawmakers and regulators so a complete ban on texting while driving and talking on a cell phone while driving might be right around the corner.  The problem is that the focus on cell phones and handheld devices obscures to significance of other types of distracted driving.

The key is that proponents of safety regulations not lose focus on the much broader danger of distracted driving because they are focused on the narrow role of mobile communication devices.  A common example of distracted driving that may be more prevalent and cause more accidents is eating and drinking while driving.  While cell phones are getting most of the publicity, a study conducted by the National Highway Traffic Safety Administration found that a staggering eighty percent of all auto accidents and 65 percent of all near misses involve some form of eating or drinking while driving.  The study emphasizes the risk of rear end accidents or single car accidents where drivers fail to negotiate a curve safely because they are manually and visually distracted.

Coffee is the absolute worst item to consume while driving according to the study.  Cups of coffee can be easily spilled, and the scorching liquid often distracts drivers from the road.  Other foods like burgers that have messy sauces are also prone to cause accidents because drivers often are distracted by sauces and other condiments falling into their lap.  It is interesting to note that while a universal ban on the use of mobile phones and portable handheld devices is being proposed, the television and radio continue to be filled with advertisements for fast food restaurants offering drive thru options.  The hamburger chain In and Out goes even further specifically asking drivers if they will be eating their food in their car and packaging the food for such consumption.

This is not to suggest that concerns about portable electronic devices are not well founded.  The point is that there are many other types of driving distractions that may be more dangerous that seem to be ignored.  Some of these types of driver distraction include the following:

  • Putting on makeup
  • Reading books and newspapers
  • Studying GPS devices
  • Reaching inside a vehicle for an object
  • Adjusting car stereos
  • Grooming (i.e. brushing one’s hair)

Some might argue that mobile phone use while driving is an easier practice to target but the prominence of drive thru restaurants would seem to undermine this argument.  Distracted driving in any form is unsafe and causes many serious injuries and fatalities in distracted driving accidents throughout Mississippi. The experienced Mississippi distracted driving auto accident attorneys at Barrett Law have been providing tenacious representation to victims of distracted driving for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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