This blog is the second installment in our two-part blog post reviewing common types of negligence and risk factors that contribute to injury accidents involving motor vehicles.  Although the list of factors that might contribute to a severe crash is virtually endless, this article guides injury victims regarding the most common types of negligent conduct alleged in personal injury claims involving motor vehicle crashes.

Multi-Tasking behind the Wheel: Use of a cell phone when operating a motor vehicle has been referred to by federal traffic safety experts as the “new drunk driving.”  While states vary in the degree to which cell phone use behind the wheel is limited, the decision to use a cell phone while driving is dangerous regardless of the activity.  Although text messaging behind the wheel receives the majority of attention, drivers talking on the phone, surfing the web, engaging in social media activity, reading news, and other tasks also pose a significant safety threat to others on Mississippi roadways.  Because of the focus on portable communication devices like cell phones, some motorists fail to consider the risk posed by inattention related to other forms of multi-tasking.  Many accidents also are caused by dealing with children, eating and drinking, adjusting the vehicle stereo, reaching for an object, grooming or applying makeup, and other tasks that divert a driver’s eyes, attention, or hands from an exclusive commitment to driving.

Unscreened Elderly Drivers: While senior citizens constitute the most experienced group of motorists, some physical and mental abilities relevant to safe driving decline with advanced age.  Generally, state licensing authorities do not employ screening practices to identify elderly drivers who can no longer safely operate a motor vehicle.  Per mile traveled, crash fatality rates rise sharply starting at age 70-74 and are at their highest for drivers age 85 and older according to the Centers for Disease Control and Prevention (CDC).  The CDC reports that 5,570 older adults died in auto accidents and another 214,000 older motorists were treated in emergency rooms during a one-year period.

Aggressive Driving Practices: When drivers neglect prudent driving practices and operate their vehicle in an aggressive manner, aggressive driving practices significantly increase the risk of a collision.  The National Highway Traffic Safety Administration (NHTSA) conducted an analysis of the Fatal Accident Report System (FARS) that revealed 56 percent of fatal crashes over a five-year period involved a behavior associated with aggressive driving.  Speeding was the leading form of aggressive driving and played a factor in nearly 19 percent of fatal crashes involving cars or motorcycles.  The NHTSA defines aggressive driving as engaging in multiple traffic violations that indicate a conscious disregard for the safety of others.  An example of aggressive driving might include a motorist that is weaving through lanes while speeding and following at an unsafe distance.

Dangerous Roads: Many auto collision victims never consider that they could be seriously injured in a crash caused by faulty road design, construction, or maintenance.  When you are injured in a crash caused by an unsafe roadway, you will typically seek compensation against a public entity charged with maintaining the public roadway.  Lawsuits brought against government entities require compliance with special procedures and notice requirements subject to shorter deadlines.  Types of roadway hazards that can cause a crash include:

  • Lack of adequate signage
  • Missing or neglected guardrails
  • Poorly marked roadway drop-offs or lack of barriers
  • Improperly functioning or non-existent traffic signals
  • Unrepaired potholes
  • Inadequate skid resistance
  • Negligently designed or marked construction zones
  • Unmarked sharp grades or roadway dips

If you have been injured in an auto accident in Jackson or the surrounding areas, our Mississippi Auto Collision Injury Attorneys have successfully represented many victims of careless and distracted drivers.  At Barrett Law, we are here to help.  Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.