The Impact of Missing Critical Deadlines on a Valid Mississippi Personal Injury Claim

Many Mississippi personal injury victims are injured by the negligent or intentional acts of others in Mississippi car crashes, construction accidents, violent crimes and other incidents involving wrongful conduct.  What many people do not understand is the importance of timing requirements in pursuing a personal injury claim.  The law imposes strict deadlines for initiating legal actions.  When these deadlines are not met, it typically means that a claim will be completely barred despite the merits of the case.

An example is probably the best way to understand the critical role of these timing requirements on the viability of a personal injury claim.  A person is shot in the head by an armed assailant during a robbery and sues the assailant for personal injury.  The victim suffers traumatic brain injury and remains in a persistent vegetative state.  This is about as much of a “no brainer” as one can get in terms of liability (i.e. fault), and there is no argument that the intentional misconduct of the assailant was the cause of the shooting victim’s traumatic brain injury.  The shooting victim is a forty year old husband and father of three children who works as a neurosurgeon.  This type of claim typically would appear to be worth millions of dollars.

If a personal injury lawsuit is not initiated within the statute of limitations, however, the claim will virtually always be permanently barred so that the injury victim has no legal right to obtain compensation for his injuries.  Despite the tragic facts of this case, including a family left without the financial support of a bread winner or the loss of parenting and marital companionship, the court cannot make a “hardship” exception.  The statute of limitations is an absolute deadline that must be met and failure to do so cannot be excused based on fairness or even extreme hardship.

This is why it is essential to seek legal advice as soon as you are injured so that your Mississippi personal injury attorney has time to research the law, investigate the facts and file your claim.  Sometimes when personal injury victims delay in seeking assistance, personal injury law firms will decline to take a case because there is insufficient time to investigate the merits of the case and file a lawsuit without risking non-compliance with the statute of limitations.  The determination of when the statute of limitation expires can also be complicated by special rules that designate when the time starts or when it is suspended in certain situations (called “tolling”).

Some deadlines for pursuing claims related to torts (i.e. injuries caused by wrongful acts) are even shorter.  The statute for limitations for bringing a medical malpractice claim in Mississippi is only two years while a lawsuit for libel or slander must be initiated within a year.  There are other deadlines that may apply that shorten the time line for pursuing a claim for personal injuries.  For example, a public entity may fail to make remedial measures to an intersection that public officials know is unsafe and that has been the location of many collisions.  Generally, you will be forced to comply with special procedures including filing a Notice of Claim before filing a lawsuit against a public entity.  These time limits are much shorter than the statute of limitations and may be as short as only a few months.

If you have suffered serious injury caused by the misconduct of another, you should seek immediate legal advice.  Most personal injury law firms in Mississippi offer a free consultation with no obligation so that they can assess the value of your claim, and you can obtain information about your options.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi 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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Fight Over Implementation of Safety Improvements Designed to Prevent Train Crashes

While train collisions may not be the most common type of transportation accident, they can be horrific when they occur.  A devastating train crash in Southern California in 2008 resulted in 25 fatalities and injuries to another 125 people.  Similarly, South Carolina was the location of a railroad crash in 2005 in which a tanker transporting Chlorine was damaged causing the toxic chemical to be released.  Residents in the vicinity (5,400 people) had to be evacuated.  The crash also killed nine people and resulted in injury to 554 people.  What these railroad accidents have in common is that they were caused by human error – they were preventable.

In the wake of the California train crash, Congress passed the Rail Safety Improvement Act.  The law imposed a requirement that the rail industry install crash avoidance systems that override manual operation in the event of human error to avoid train accidents.  The technology referred to as Positive Train Control (PTC) can override manual operation and apply the brakes to a train to avoid a railway collision.  The Rail Safety Improvement Act imposed a requirement that PTC technology be added to 70,000 miles of train tracks by the end of 2015.  The railway tracks subject to the legislation are those used to transport passengers and/or toxic chemicals.

PTC technology operates by utilizing wireless communication, GPS and control centers to track the position and speed of trains.  The system can apply the brakes to a train when it detects an imminent train crash.  PTC can also prevent train derailments and prevent trains from entering the wrong track.

Some legislators in Congress have introduced a bill to roll back the requirement of the PTC as part of a larger anti-regulation campaign.  The bill would postpone the date of compliance until 2020 at the earliest and reduce the amount of track covered by as much as twenty percent.  Those who oppose the implementation of the Rail Safety Improvement Act argue that the cost is too high given the relative safety of trains and that the technology is still not ready for use.  Critics of current PTC technology argue that the technology can prevent head-on train crashes and side impact crashes but cannot prevent all rear-end train crashes.

However, the National Transportation Safety Board has identified twenty additional train accidents since 2001 that would have been prevented had PTC technology been in place.  Based on this data, PTC technology would have saved 53 lives and prevented almost a thousand injuries on top of preventing the California and South Carolina train accidents.

While it is still too early to tell what will happen, the reality is that train collisions typically result in serious injury and even wrongful death.  If you or someone you love has been injured or a loved one has died in a Mississippi train crash, the experienced Mississippi train crash accident attorneys at Barrett Law may be able to help you obtain the financial compensation to move past your tragedy.   The experienced Mississippi train accident attorneys at Barrett Law have been providing effective representation to Mississippi railroad 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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Dispute Brewing of Motorcycle-Only Checkpoints

Few people would deny that motorcycles pose a higher accident risk and greater possibility of suffering permanent debilitating injuries than passenger vehicles.  Motorcycles require a special skill set because of their unique handling features.  When Mississippi motorcycles accidents do occur, they typically result in more serious injuries particularly when riders are not wearing motorcycle helmets.  Approximately 4,500 motorcyclists per year die in fatal motorcycle accidents.  The disproportional risk associated with motorcycle collisions has led to a contentious dispute in Washington D.C. over the use of “motorcycle-only checkpoints.”

A provision inserted into a proposed House transportation bill would prohibit the Department of Transportation from providing funding to state or local governments for conducting motorcycle-only checkpoints.  The controversy over these vehicle specific safety inspection roadblocks arises out of a grant made to Georgia of $70,000 last year and scheduled to be paid to the state again this year for operating these motorcycle safety inspections.  These motorcycle checkpoints are similar to vehicle safety checkpoints or DUI roadblocks.  Law enforcement agents signal motorcyclist to stop, then safety inspections are conducted covering compliance with the mandatory helmet law, possession of a valid motorcycle drivers’ license and the condition of the bike.

Critics of the checkpoints including those supposing the provision prohibiting federal funding for these motorcycle-only checkpoints argue that they represent intrusive overreaching by the government.  Some also contend that it is unfair to design checkpoints that only apply to a certain type of motor vehicle.  Those that oppose the motorcycle checkpoints also suggest that motorcycle safety should be based on crash prevention as opposed to arbitrary stops of random riders.  Those who support the use of motorcycle safety roadblocks argue that singling out motorcycles is no different than seatbelt checkpoints where motorcycles are excluded from the obligation to stop and undergo inspection.

One strong justification for the motorcycle safety checkpoints is rooted in the fact that many motorcycle accidents are caused by inexperienced and unlicensed riders.  The National Highway Safety Administration reports that 22 percent of fatal motorcycle accidents are caused by unlicensed riders while only twelve percent of fatal passenger vehicle accidents involve unlicensed drivers.  Because a substantial portion of the motorcycle checkpoint violations involve the violation of helmet laws, groups that view mandatory helmet laws as an unreasonable intrusion on personal liberty also oppose the motorcycle only checkpoints.

While it is unclear whether the provision will become law, proponents argue that the funds could be allocated more efficient to motorcycle education programs aimed at reducing motorcycle crashes.  Regardless of one’s position on this issue, it is beyond dispute that many Mississippi motorcycle riders are injured and killed annually in collisions with motorists who fail to pay attention or obey traffic safety laws.  If you or someone you love is injured or the life of a loved one is lost in a Mississippi motorcycle accident, our experienced Mississippi motorcycle accident attorneys at Barrett Law are committed to holding careless motorists accountable and seeking fair compensation for injury victims.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing effective representation to Mississippi 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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Dog Attacks NBC Anchorwoman On-Air: Important Lessons to Be Learned

Although dogs often are and loving pets, loyal watchdogs and even dedicated companions, these loving pets remain animal, which means that their behavior can be unpredictable.  When a Mississippi dog owner is not vigilant in keeping his or her dog under control or others are careless in the proximity of a dog, unpredictable animal behavior can lead to devastating injuries.  Anyone who is in the general proximity of an unfamiliar dog should be especially cautious.  T is a thing you is as big as a is an a in an as is his own will and will and will and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and you will with his or her own bills and him and him and him and him and him alone and well and him and him and him and him will him and him and him and him and his here is no way to know the dog’s temperament and the dog is likely to be nervous around someone with whom the dog is unfamiliar.

A recent incident involving a television news anchorwoman provides a telling example of what can happen when vigilance is not shown in the presence of an unfamiliar dog. An NBC anchorwoman was airing a feel-good segment about a dog that had been rescued from an icy lake by a fireman the previous day.  The dog named Gladiator Maximus, an Argentine mastiff, bit the anchorwoman in the face as she kneeled on the floor with the dog to get closer to it while petting the dog.  The live on-air dog attack resulted in the anchorwoman having her lip bitten off resulting in her being rushed to the hospital. Reconstructive surgery was required to reattach her lip.

The dog owner has been cited for a violation of the leash law for not having the dog under control during all times. A leash law violation can be the basis for imposing liability on a dog owner for injuries suffered in a dog attack incident based on the legal doctrine of negligence per se. The negligence per se doctrine in this context essentially imposes strict liability when a dog owner violates a leash law resulting in injury to a member of the community. When a court applies the doctrine of negligence per se, no independent evidence of negligence is necessarily required. The violation of the leash law ordinance provides the basis for finding of negligence provided the violation is the cause of injury to someone the ordinance was intended to protect.

While no indication has been made whether the NBC anchorwoman will pursue a dog bite civil litigation claim against the dog owner, it is possible that the insurance carrier for the dog owner may attempt to reduce any damages by pursuing a defense based on comparative negligence. The comparative negligence legal doctrine permits a court to reduce the amount of the damage award by the proportion of fault assigned to the plaintiff in causing their own injuries.

The basis of this defense has been by a dog expert who commented on the case.  “Basically, she did everything wrong,” Ron Berman, a canine behavior specialist, said. “She went up to a dog she didn’t know–who didn’t know her–and she either tried to kiss him or hug him or put her face too close to his face. He felt threatened and bit her.”

If a judge or jury were to determine that the anchorwoman’s conduct contributed to her own injuries, her recovery would be reduced by the degree of fault assigned to her. If the judge and jury were to determine that she was 20 percent responsible for her own injuries, for example, a damage award of $200,000 would be reduced to $160,000. Because the physical appearance of a television personality the can impact her career, the damages in a case involving permanent disfigurement could be substantial.

A vicious dog attack can result in permanent disfigurement and other debilitating injuries so it is important to be extremely cautious around dogs that you do not know well. If you or someone in your family is the victim of a Mississippi dog attack, our experienced Mississippi dog bite attorneys at Barrett Law provide diligent legal representation to Mississippi dog bite victims.

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Mississippi Bus Accident Frequently Asked Questions (FAQs)

While buses have historically provided one of the safest forms of transportation, there has been a slew of serious bus accidents during recent years.  While many of these accidents have involved rogue private bus companies, some notable bus accidents have also involved school buses.  Bus accidents can be the result of poor maintenance, improper training and supervision of drivers, bus drivers impaired by drugs or alcohol and other factors.  Because buses lack safety features like seatbelts and airbags, bus accident victims can suffer life-altering injuries including wrongful death.  We have provided answers to frequently asked questions regarding Mississippi bus accidents.

Isn’t being involved in a bus accident akin to being struck by lightning?

While buses have historically been one of the safest forms of transportation, there have been a fair number of significant bus accidents in recent years that have caused serious injury and wrongful death.  The problem has become so prevalent that federal regulators have considered changing regulations to increase inspections and make it more difficult for rogue bus companies to simply close up shop and re-open under another business name.

What is a common carrier?

A common carrier in this context is an entity that transports the general public as passengers for a fixed fee.

What legal duty do bus operators have to their patrons?

A bus is classified as a common carrier which means that they have a higher duty of care to safely transport their patrons than drivers of passenger vehicles.  The theory behind the higher standard of care is that passengers on common carriers have no ability to protect themselves from the negligence of common carriers.  Because a bus patron has no control over the maintenance or operation of a bus, it is appropriate to shift the liability for negligence in such matters to the bus company.

Are there special rules that apply to school buses or transit buses run by public entities?

Bus lines run by school districts or municipalities or other government entities may have some degree of sovereign immunity.  Sovereign immunity protects public entities, officials and employees from litigation when performing public duties.  However, most public entities waive this sovereign immunity to some degree based on tort claims acts.  These acts generally require a claim (e.g. notice) be filed with a public entity before any form of litigation is initiated.  The time limit for filing a claim with a public entity is usually shorter than the statute of limitations so it is important to seek legal advice immediately if you are injured in a bus accident.

Are bus accidents really an issue in Mississippi?

There have been some significant bus accident in Mississippi in the last several years with notable examples including:

  • Fatal School Bus Tractor-Trailer Collision (Feb 2011): Three people were killed when a tractor-trailer clipped one school bus and slammed head-on into another school bus.  The fatal school bus collision occurred at the intersection of Highway 8 and 9 in Calhoun County, Mississippi.
  • School Bus Logging Truck Collision (Dec 2011): A school bus collided with a logging truck in Southern Mississippi (Montgomery County) resulting in injury to twenty school children who were passengers on the school bus.  The logging truck collided with the side of the school bus causing it to rollover on its side.
  • Boy Struck While Trying to Catch School Bus (February 2011): A ten-year-old boy in Gulfport, Mississippi was struck and killed by a school bus that he was running alongside and trying to catch.
  • Fatal Collision between a School Bus and Commercial Truck (April 2011): One girl was killed and ten children injured in a fatal collision between a Boliver County, Mississippi Shaw District school bus and a commercial big rig.  Three other children suffered potentially life-threatening injuries.

While this list of Mississippi bus accident during the last year is hardly exhaustive, it shows both the seriousness and diversity of Mississippi school bus accidents.  If your child is injured in a school bus accident, you and your child may have a right to seek compensation from the school district and other drivers that contribute to your accident.  The experienced Mississippi bus accident attorneys at Barrett Law have been providing aggressive representation to Mississippi bus 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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Road Rage & Aggressive Driving: Different but Unacceptable Driving Practices

While many people use the terms “aggressive driving” and “road rage” interchangeably, they distinguish two very different kinds of conduct.  Aggressive driving is defined by the National Highway Traffic Safety Administration (NHTSA) as engaging in multiple violations of traffic safety laws simultaneously putting other motorists and pedestrians at risk.  While aggressive driving may constitute reckless conduct and justify an award of punitive damages to discourage such unsafe driving practices, road rage involves intentionally threatening or attacking another motorist often with a weapon and constitutes a criminal act, which will usually justify punitive damages.

Aggressive driving is rude inconsiderate driving that frequently includes multiple traffic violations including tailgating, weaving in and out of traffic, speeding and unsafe lane changes.  Drivers that engage in aggressive driving in Mississippi often are rushing to meet unrealistic schedules and annoyed by traffic conditions that slow aggressive drivers down.  Drivers that engage in aggressive driving practices not only put themselves at risk but may force other drivers who engage in emergency or unsafe maneuvers to avoid a collision. For example, when an aggressive driver tries to pass on the shoulder of the roadway, this may startle a driver in the lane closest to the shoulder so that they veer into another vehicle causing a collision.

When a driver engages in a pattern of motor vehicle violations that place other motorists and pedestrians in danger, the aggressive driver may be strictly liable for injuries caused by his or her unsafe driving practices. The doctrine of negligence per se essentially provides that if a driver violates a driving safety law, which causes injury to someone with whom they share the road, they may be strictly liable for any damages. If a driver engages in certain combinations of driving violations that constitute aggressive driving, such as driving at high speed rates of speed while swerving in and out of traffic, this may also constitute grounds for imposing punitive damages.

While aggressive driving may be unsafe and even reckless, it does not constitute an intentional criminal offense intended to cause injury to another.  Road rage is an intentional criminal act designed to inflict physical injury. Common examples of road rage may include ramming another vehicle or pedestrian, running a vehicle off the road, shooting into another vehicle with a firearm or other violent criminal violent acts.  Because road rage behavior will generally constitute a criminal offense, a civil lawsuit will typically follow a criminal prosecution. It can be significantly easier for a victim of road rage to pursue civil litigation when there has already been a finding of guilt in a prior criminal case. Because road rage attacks are intentional criminal acts, they generally result in an award of punitive damages against the perpetrator.

While aggressive driving and road rage are two very different types of driving behavior, they are both completely unacceptable and place the safety of others in immediate jeopardy. If you or someone you love has been the victim of a road rage incident or accident caused by aggressive driving in Mississippi, the experienced Mississippi aggressive driving accident attorneys at Barrett law may be able to help you seek compensation for your injuries or loss.  Our Mississippi road rage attorneys are committed to the principle that those who engage in wrongful conduct must be punished and victims should be compensated.  The experienced Mississippi aggressive driving accident attorneys at Barrett Law have been providing effective representation to Mississippi bus 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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The Role of Brake Failure in Causing Mississippi Trucking Accidents

Trucking accidents in Mississippi can be extremely dangerous and result in devastating life-altering injuries and all too often fatalities.  While there are many causes of trucking collisions involving these enormous forty ton motor vehicles, some trucking accidents are caused by the failure to conduct required vehicle inspections and conduct routine maintenance. Because of the size and weight of these massive vehicles, issues like brake maintenance are critical to the safety of those with whom tractor-trailers share the road.  Although tractor-trailers are supposed to be inspected daily and these inspections are supposed to be documented, these inspections may not be conducted or routine maintenance may be ignored.  These shortcuts can result in nightmarish scenes of 80,000 pound fully loaded motor vehicles racing down the roadway out-of-control.

Brake failure is a significant cause of Mississippi trucking accidents with the Department of Transportation (DOT) indicating that brake issues account for nearly thirty percent of all Mississippi tractor-trailer accidents.  Trucking accidents that involve brake issues can be complicated because a variety of entities may be responsible for the brake failure including the truck driver, the truck maintenance company, the brake manufacturer or even the company that loaded the truck.  A common strategy employed by insurance companies when defending against trucking accidents claims caused by brake failure is to attempt to shift blame to another party for the failure of the brakes.  At Barrett Law, our experienced Mississippi tractor-trailer accident attorneys carefully investigate trucking accidents so that we can identify all potentially responsible parties.

Federal regulations impose safety standards regarding the functioning of tractor-trailer braking systems. These regulations require among other things that trucks be able to provide a certain brake resistance based on the percentage of the truck’s weight. These regulations also require that tractor-trailers conform to automatic brake adjustment system standards and that they be able to go from 20 mph to a complete stop at a specific rate based on the size of the vehicle. When tractor-trailer brakes do not meet these standards, Mississippi trucking accident victims may have a right to pursue a product liability claim against the brake manufacturer.

Sometimes brake failure is not related to defects in the brakes themselves but rather failure to perform required inspections and maintenance. When a Mississippi trucking accident is caused by brakes that have not been properly maintained, the trucking company, the truck driver, a truck leasing company or other parties involved in maintaining the brakes may be liable for your injuries. Although truck drivers are supposed to maintain records regarding brake safety inspections and maintenance, sometimes these records are not properly maintained or the inspection and maintenance is not performed as required.

Our experienced Mississippi accident attorneys carefully investigate driver logbooks and other tractor-trailer maintenance records to uncover evidence of inadequate brake maintenance.  Our experienced Mississippi trucking accident attorneys also frequently work closely with trucking industry experts to help develop the strongest liability claim on behalf of our trucking accident clients.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to Mississippi 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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Mississippi Distracted Driving Accident Frequently Asked Questions (FAQs)

While the majority of Mississippi drivers are careful and attentive when driving, there are some drivers that find it necessary to engage in other activities when driving that prevent them from focusing on the road ahead and potential traffic hazards.  Virtually all drivers sometimes exercise poor judgment by driving when distracted.  The danger associated with distracted driving in Mississippi has grown exponentially with the increase in handheld electronic communication gadgets.  Mobile phones, iPods, tablet computers, GPS devices and other electronic devices have become as dangerous as drunk drivers.  We have provided information regarding the rights of Mississippi motorists who are involved in Mississippi distracted driving accidents.

What are the most dangerous forms of distracted driving?

There are many forms of distracted driving that can result in serious collisions in Mississippi including the following:

  • Texting while driving
  • Talking on a cell phone
  • Eating or drinking
  • Reading
  • Surfing the internet
  • Using a GPS device
  • Reaching for an object or child in the vehicle
  • Grooming including brushing one’s hair or putting on makeup
  • Conversations with passengers
  • Adjusting the car stereo or CD player

Are many car accidents caused by districted driving?

Distracted driving is such a serious public safety issue that it is has been called “the new drunk driving epidemic” by federal motor vehicle safety agencies.  Motor vehicle accidents cause fifteen fatalities and 1,200 injuries per day in the U.S.  This amounts to 5,400 distracted driving fatalities and almost 450,000 injuries per year.  Distracted driving has become the number one cause of motor vehicle related fatalities among teen drivers.

How serious a factor are cell phones as a driver distraction?

Whether used for telephone calls or texting, many drivers routinely use their cell phone when driving.  A study conducted of U.S. drivers found that three-fours of all U.S. drivers surveyed admitted to talking on their cell phone during the previous thirty day period.  A quarter of U.S. drivers admit to frequently using a cell phone while driving.  Texting and emailing from a mobile phone is particularly distracting because it requires concentration on the screen and physical manipulation of a keyboard.  Nonetheless, approximately nine percent of drivers indicate that they text or email regularly while driving.

How do driving distractions impact driving behavior?

There are three kinds of driver distractions: (1) visual, (2) physical and (3) mental.  A visual distraction is any distraction that causes a driver to divert one’s eyes from the roadway, such as looking at the screen of a cell phone or glancing at children in the backseat of a vehicle.  A physical distraction involves reaching for an object or passenger in the vehicle.  The classic physical distraction might be reaching into the back seat to discipline children.  Mental distractions can range from carrying on a conversation that diverts mental concentration to listening to music on the radio.  The most dangerous types of distractions impact a driver on all three levels.  If you send a text message while driving, for example, it requires that you use your fingers to type, your eyes to view the screen and your mind to process what to write.

Is text messaging really as dangerous as drunk driving?

A study conducted by the University of Utah revealed that drivers that text while driving exhibit more impaired driving ability than drivers with a BAC of .08 percent, which is the legal limit for DUI.  The researchers compared reaction times of drivers when braking and found that texting activity slows reaction time considerably more than being over the legal limit for DUI.

What laws limit or restrict cell phone use while driving in Mississippi?

Twenty separate bills were proposed in Mississippi to restrict cell phone use while driving during 2011 with three more addressing text messaging bans in 2012.  However, the only cell phone restriction currently in effect is a restriction on text messaging by inexperienced teen drivers that have not yet been granted an unrestricted drivers’ license.  Mississippi bus drivers are also prohibited from using any wireless communication device when transporting children.

Some driving distractions are so much a part of the daily behavior of motorists that drivers never even contemplate the risk.  One of the most dangerous forms of driving distraction other than the use of cell phones and other portable electronic devices is eating and drinking while driving.  When food and drinks are spilled, drivers may be forced to divert their hands, eyes and concentration away from the task of driving to clean up the mess.  The distraction is even greater if the food or beverage is hot or scalding.  If you are injured in a Mississippi distracted driving accident or a loved one dies, you may have the right to seek damages for your injuries or loss.  The experienced Mississippi distracted driving accident attorneys at Barrett Law have been providing aggressive representation to Mississippi distracted driving 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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Mississippi Bicycle Accident Frequently Asked Questions [FAQs]

Bicycles have long been a way for families to enjoy a fun excursion but cycling has increased in popularity as more people become concerned with expanding waistlines and cardiovascular health issues.  Tragically, urban planners have not kept up with the increased presence of bicycles, often placing cyclists at risk of being hit by careless or inattentive motorists.  Bicyclists enjoy the same rights to share roadways as cars, trucks and SUVs, but some motorists consider slower moving bicycles to be unreasonable obstructions and fail to treat cyclists with the same courtesy that they would extend to drivers of passenger vehicles.  When drivers of motor vehicles do not take reasonable care to obey traffic safety rules and pay adequate attention to their driving, the result can be devastating life-altering injuries.  We receive many inquiries from Mississippi cyclists that are involved in bicycle collisions that have questions about their legal right to seek financial compensation so we have provided some basic answers in this Mississippi bicycle FAQ.

What are the most common causes of Mississippi bicycle accidents?

While the vast majority of Mississippi bicycle accidents are caused by driving errors made by cyclists, bicycle accidents in Mississippi may also be caused by defective bicycle parts, such as chains that jam and brakes that malfunction or roads that are not properly maintained.  When riding a bicycle, a pothole or other road imperfection that may be unnoticeable to the driver of a motor vehicle can cause cyclists to lose control of their bike.  The most common causes of Mississippi bicycle accidents include the following:

  • Drunken drivers
  • Driver that fail to pay attention
  • Failure to check vehicle blind spots
  • Illegal left turns into cyclists
  • Potholes and other pavement defects
  • Vehicles that do not allow cyclists enough room
  • Speeding motorists
  • Unsafe lane changes
  • Red light runners
  • Bicycle product defects

How does the new bicycle passing law work?

The new law (SB 3014) requires drivers of motor vehicles to allow sufficient room when passing bicycles with the minimum distance being three (3) feet.

What special accident risks are posed to cyclists?

A bicycle is more likely to be involved in a collision with a motor vehicle because they are small and harder to see than other vehicles, and they are unstable because of their two wheel design.  Because bicycles offer no structural protection or other safety features, cyclists are particularly vulnerable to severe injury when struck by a motor vehicle in a Mississippi bicycle accident.

What is the legal impact of a bicycle helmet in Mississippi?

While some states have mandatory bicycle helmet laws for children, Mississippi has no mandatory bicycle helmet law.  However, bicycle helmets can provide vital protection to a cyclist head that may prevent traumatic brain injury.  Bicycle helmet use may also impact damages in a Mississippi bicycle accident claim because the insurance company for the driver may argue that a cyclist’s failure to wear a helmet was a form of comparative negligence.  This may be a factor in reducing a bicycle accident victim’s damages by the percentage of fault assigned to the cyclist.  The failure to wear a helmet would not be relevant if the victim’s injuries are not head injuries.

What types of compensation may a Mississippi bicycle accident victim seek for one’s injuries?

If you are injured in a bicycle accident you may seek both tangible economic losses as well as less tangible losses like pain and suffering.  Some of the damages you may have a right to seek if you are injured in a bicycle accident in Mississippi include medical expenses, lost past and future income, pain and suffering, impaired quality of life and marital relations and other damages.

While this article may answer some of your questions about Mississippi bicycle accidents, the best way to get more detailed information is to speak to an experienced Mississippi bicycle accident lawyer at Barrett Law.  The experienced Mississippi bicycle accident attorneys at Barrett Law have been providing aggressive representation to Mississippi bicycle 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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Congress Considers Encouraging States to Make Ignition Interlock Devices Mandatory for DUI Offenders

While drunk drivers continue to claim the lives of many innocent motorists, proposed new legislation may go a long way toward reducing the number of motorists that suffer life-altering injuries or die at the hands of drunk drivers.  Federal lawmakers in Congress are proposing legislation that would condition additional federal highway funds on states making the installation of ignition interlock devices mandatory for drivers convicted of DUI.

The House transportation bill that was announced this week would make additional federal highway funds available to states that make the installation of an ignition interlock device a mandatory component of sentences in drunk driving cases.  An ignition interlock device prevents a driver from starting a vehicle until they have submitted to a breath test of blood alcohol concentration (BAC).  The Senate is expected to submit similar DUI ignition interlock legislation.

Ignition interlock devices are currently mandatory for any driver convicted of driving under the influence in fifteen states.  Versions of the requirement in other states make installation of the portable breath test mandatory only for repeat offenders, drunk drivers that cause injury or death and drivers with high BAC levels.  Critics of the legislation, which predictably include the beverage industry, argue that the law will limit a judge’s ability to make subtle sentencing adjustments that differentiate a first time offender who is right at the legal limit of .08 percent BAC from a repeat offender with a BAC level that is double or triple the legal limit.

Data suggests that the program may be far more effective at discouraging repeat offenders and preventing DUI related accidents in Mississippi than driver’s license suspension and revocation.  The International Council on Alcohol, Drugs and Traffic Safety indicates that ignition interlock devices reduce repeat DUI offenses, which may lead to fatal Mississippi DUI accidents, by as much as 40 to 95 percent.  An independent statistic reported on the Centers for Disease Control and Prevention (CDC) website indicates that mandatory installation of ignition interlock devices results in a 70 percent reduction in DUI arrests.

The enormous effectiveness of installation of portable breath testing devices is only matched by the ineffectiveness of drivers’ license suspensions.  A number of studies reveal that anywhere between 50-75 percent of drivers continue to drive under the influence of alcohol even after having their drivers’ license suspended.  While the number of people injured and killed in DUI accidents has decreased in recent years, more than 10,000 people per year die in drunk driving accidents, which amount to one every fifty minutes.

The proposed legislation may reduce Mississippi drunk driving accidents, but many Mississippi drunk drivers will continue to put other vehicle occupants at risk.  If you or someone you love has been injured by a drunk driver or a loved one has died, our experienced Mississippi drunk driving attorneys at Barrett Law are committed to holding drunk drivers accountable and seeking compensation for their victims. The experienced drunk driver accident attorneys at Barrett Law have been providing aggressive representation to Mississippi drunk driving 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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