Protecting Your Mississippi Auto Accident Claim: Tricks Used by Insurance Adjusters

After a Mississippi automobile accident, an insurance claims adjuster from the other driver’s insurance company may contact you on behalf of the other driver.  The adjuster might request that you provide a recorded statement or ask you to sign a release authorizing the disclosure of your medical or employment records. The adjuster will justify such requests by telling you that the information is needed to evaluate your claim. The adjuster may even offer you what the insurance company claims is a “fair settlement.”

 

Car accident injury victims should never agree to anything an insurance adjuster offers without first obtaining legal advice.  It also is not advisable to give the insurance company access to any of your private information without consulting an experienced Mississippi personal injury attorney.  The adjuster may seem friendly and appear to be trying to help you resolve your claim.  However, the insurance adjuster’s job is to save the insurance company money by finding a basis to deny your claim or to settle the claim for far less than its actual value.  Insurance adjusters routinely make lowball offers to increase insurance company profits.

The average Mississippi auto accident victim typically will not know how to accurately value an auto collision claim without legal advice from an attorney.  The insurance adjuster recognizes that knowledge is power.  It is very common for an insurance company to extend a lowball settlement offer if the liability of its policyholder is clear, and it’s obvious that you suffered injury.

The insurance adjuster will try to settle the claim before you have a chance to have an attorney evaluate the claim and provide an accurate estimate of potential damages, especially those that are hard for the average layperson to quantify, such as pain and suffering, diminished enjoyment of life, and permanent disability.  The adjuster also knows that some injuries do not immediately manifest themselves and that a thorough examination by a doctor might make you aware of more serious injuries.  The goal is to settle the case before you have obtained this type of information from legal and medical professionals.

A common trick employed by insurance adjusters is to claim that you only suffered minor or no injures because of the limited damage to your vehicle.  The adjuster will characterize your Mississippi car crash as a “low impact” collision.  The adjuster will offer you a settlement to repair your vehicle and agree to pay nominal medical expenses.  The adjuster might even act magnanimous and ask if you need a rental car while your vehicle is being repaired.  The adjuster knows that you might be under financial pressure to get back to work and pay medical expenses.  The insurance adjuster will use this financial pressure to try to get you to settle your auto accident claim before the seriousness of your injuries or your right to more substantial damages becomes apparent.

Car crash victims should always keep in mind that an adjuster’s job is to protect the insurance company by settling the claim for as little as possible.  At Barrett Law, we have a wealth of experience with the tactics used by insurance companies to minimize the value claims and to avoid liability all together.  If you are involved in a Mississippi auto accident, you should not speak to the other driver’s insurance company until you have obtained legal advice.  The knowledgeable and experienced team of Mississippi Auto Accident Lawyers at our Mississippi car accident law firm offers a free initial consultation so that we can evaluate your claim.  Contact the qualified Barrett Law, PLLC today at (601)790-1505 to schedule your free consultation.  

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Mississippi Accident Litigation Strategy: Identifying a Viable Defendant

Sometimes when you are involved in a car accident in Mississippi, there can be challenges in terms of identifying a viable responsible party to compensate you for your injuries. If a careless driver runs a red light and slams into your vehicle, the drive may lack insurance and possess no viable assets from which to pay a personal injury judgment.  Alternatively, the at-fault driver might even flee the scene, and despite careful investigation, it may be impossible to identify the responsible driver.  Sadly, some people simply give up when they learn that the other driver cannot be identified or does not have insurance.  Our Mississippi accident attorneys have successfully assisted many car accident victims facing this difficult situation.  There are a number of effective strategies that can be employed when the most obvious at-fault party (i.e., the other driver) is not a viable defendant.  We have provided an overview of strategies that we may successfully employ to identify a viable defendant to facilitate the fullest recovery in these situations.

Liability of Other Parties

Frequently, there is a third-party that also might have contributed to your car accident.  Depending on the facts and circumstances of your case, a wide range of third-parties might be liable for your injuries. If the person who was at fault in your accident was performing a work-related function, the company that employed the driver may be responsible for your injuries. These cases can be complex because the employer typically will dispute whether the particular tasks that the driver was engaged in were within the scope of employment.  It is not necessarily dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.

Even if the driver does not have insurance, the owner of a car who entrusted the driver with the vehicle may be liable for your injuries. When someone entrusts their vehicle to a motorist who lacks the maturity, competence, or responsibility to drive safely, he or she may be liable for negligently entrusting a vehicle to a third-party.  For example, vehicle owners who lend their car to a friend they know has a history of driving under the influence of alcohol or a pattern of past traffic accidents can be liable for crash-related injuries

Other parties that might be liable for your injuries include public entities, which may have designed or maintained a defective roadway, and vehicle manufacturers that produce a defective automobile.  Our experienced Mississippi car accident attorneys routinely explore the possibility of liability of a public entity or vehicle manufacturer, but this is especially important when the at-fault driver is not a viable defendant.  Public entities that know or should know of dangerous roadway conditions may be liable for failure to make a roadway safe or failure to provide adequate warnings of potential hazards.  An automaker that produces a defective vehicle also can be liable for your injuries if the defective component contributed to your car accident.

Uninsured Motorist (UM)/Underinsured Motorist (UIM)

If there is no other viable party against whom you may recover for your injuries, our Mississippi car accident attorneys can explore filing a claim against your own uninsured motorist (UM) or underinsured motorist (UIM) coverage.  Uninsured motorist coverage is optional supplemental insurance coverage that provides compensation for some of the types of damages you might recover from a negligent driver if you are involved in a hit-and-run accident or an accident with an uninsured driver. Uninsured motorist coverage is typically available for a relatively modest additional premium and can be invaluable if you find yourself involved in a serious car accident with no viable defendant to compensate you for your injuries.

Underinsured motorist coverage is slightly different in that it provides additional compensation if the defendant does not carry enough insurance coverage to compensate you for all of your loss. If you are faced with this situation, underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.

Anytime you are involved in a car accident in Mississippi, you may face challenges in identifying a viable defendant with sufficient insurance to compensate you for all of your loss.  Our law firm offers a free initial consultation so that we can evaluate your claim.  Contact the qualified Mississippi Auto Accident Attorneys at Barrett Law, PLLC today at (601)790-1505 to schedule your free consultation.

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Speeding Increases the Frequency and Severity of Mississippi Car Accidents

Almost everyone violates the speed limit or drives faster than one should given road and traffic conditions at some point.  While many motorists perceive speeding as a minor infraction that has no real consequence, a significant number of people are killed throughout Mississippi and the U.S. every year by drivers guilty of speeding.  The faster a vehicle is moving the more stopping distance it needs when applying the brakes to avoid a car accident.  A car also is less responsive and more prone to rollover at high rates of speed when a driver engages in sharp steering maneuvers.  Further, vehicles occupants are more likely to be involved in a car accident when driving at a high rate of speed and experience more severe injuries.

Our Mississippi speeding accident attorneys have successfully represented many victims of speeding drivers.  Because car accidents that occur at a higher rate of speed result in a more intense impact, it is important to have an experienced car accident lawyer who has handled a substantial number of car accident claims involving catastrophic injuries and wrongful death.

The danger of being involved in a speed-related accident is substantial given that ninety percent of all drivers admit to speeding, and 75 percent admit to doing so regularly.  Some people justify speeding based on the fact that they exceed the speed limit by only a small margin.  The problem with this reasoning is that even exceeding the speed limit by only five mph can cause a serious car accident depending on where the speeding occurs.  Speeding is a significant factor in as many as one-third of all fatal car accidents.  The relationship between increased speed and traffic collisions is demonstrated by a study conducted by the Insurance Institute for Highway Safety (IIHS), which revealed that increased speed limits resulted in a rise in the number of car accidents and auto accident-related fatalities.

Excessive speed frequently is combined with alcohol and other collision risk factors.  An accident victim typically must establish the negligence of the other driver to recover for injuries.  Exceeding the speed limit or driving too fast for weather or road conditions often constitutes negligence.  Speeding increases the probability of a driver being involved in a Mississippi car accident resulting in serious injury in a number of ways that include:

  • Speeding decreases the amount of reaction time a driver has to engage in evasive maneuvers.
  • Excessive speed increases the risk of skidding on icy or wet roadways.
  • Stopping distance increases significantly as speed increases.
  • Speeding increases the force of impact in a collision with another vehicle, pedestrian, or fixed object.
  • There is an increased risk of losing control of a vehicle when turning if a driver is speeding.

If you have been involved in a serious car accident in Mississippi caused by a speeding driver, Barrett Law provides a thorough investigation of the facts, extensive legal research, meticulously drafted pleadings and motions, as well as compelling courtroom advocacy.  The knowledgeable and experienced attorneys at our traffic accident injury law firm offer a free initial consultation so that we can evaluate your claim.  Contact the Mississippi Car Accident Lawyers at Barrett Law today at (601)790-1505 to schedule your free consultation.

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Mississippi Drunk Driving Accidents Can Result in Life-Altering Consequences

It is tragic anytime someone suffers serious injury or wrongful death in a car accident in Jackson or the surrounding areas of Mississippi.  When the accident is caused by completely avoidable behavior, such as driving under the influence of alcohol, the tragedy is even greater.  Despite significant efforts to reduce the number of serious car accidents involving intoxicated drivers, more than 10,000 drivers per year die in accidents caused by alcohol-impaired motorists, which amounts to an accident every fifty minutes according to the National Highway Traffic Safety Administration (NHTSA).

Many Mississippi drivers presume that their probability of becoming the victim of an alcohol impaired driver is minimal.  Based on statistical evidence, a third of all drivers will be involved in an accident with a drunken driver at some point during their lifetime.  Although stricter drunk driving penalties, more aggressive law enforcement efforts, and public service campaigns might have reduced the number of drunk driving crashes, intoxicated motorists still claim the lives of many innocent victims.

Those who cause car accidents in Mississippi while driving under the influence of alcohol tend to be repeat offenders.  The average drunk motorist drives under the influence of alcohol eighty times before his or her first drunk driving arrest.  Because committing DUI poses such a substantial risk of causing a serious motor vehicle accident, a judge or jury will often award punitive damages in a lawsuit against an alcohol-impaired driver.  The type of conduct required for an award of punitive damages is much more egregious than a finding of negligence under Mississippi law.  An award of punitive damages requires the conduct of the perpetrator rise to the level that it constitutes gross recklessness or intentional, wanton, or malicious conduct.  Drunken driving is exactly the type of recklessness that might justify punitive damages.

There have been a wide range of measures designed to curb the practice of driving under the influence of alcohol. Some of the most effective measures include the following:

  • Stiffer sentences for drunk drivers, which includes mandatory minimum sentences
  • Imposition of zero tolerance DUI policies for drivers under 21
  • Reduction of the Blood Alcohol Concentration (BAC) standard to .08 percent on a national basis
  • Increased use of sobriety checkpoints and roving patrols
  • Widespread use of ignition interlock devices

These are just a few examples of the methods employed to reduce the risk of serious auto accidents caused by drunk drivers in Jackson and the surrounding vicinity.  Ironically, many drivers who are intoxicated believe that they are actually more alert and able to drive because alcohol impairs their perception and judgment.  Drunk driving is especially dangerous because it compromises a variety of necessary driving skills.  Some of the types of driving skills that are adversely impacted by alcohol include:

  • Reaction and braking time
  • Judgment and decision-making
  • Coordination and control of motor functions
  • Vision and hearing

It should never be the case that someone is killed by a drunk driver because these accidents are so easily preventable.  At Barrett Law, we believe that drivers who engage in this type of reckless driving behavior show a conscious disregard for human life and public safety.  We are committed to aggressively pursuing justice for victims of alcohol-impaired drivers and seeking the maximum possible financial compensation for those injured or killed by intoxicated motorists.

While there have been substantial efforts to reduce the number of fatal Mississippi car accidents, many victims suffer serious injuries or wrongful death at the hands of drunk drivers.  The knowledgeable and experienced attorneys at our Mississippi Auto Accident Lawyers offer a free initial consultation so that we can evaluate your claim.  Contact Barrett Law, PLLC today at (601)790-1505 to schedule your free consultation.

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Why Auto Accident Injury Victims Need Legal Advice Even If They Might Be At Fault

If you suffer serious injury or someone you love dies in an auto collision in Mississippi, you might experience severe pain, intense anxiety, disabilities, disfigurement, and a long grueling process of rehabilitation.  These difficult physical and emotional challenges can be even more upsetting when you are faced with financial obstacles like high medical bills, prolonged periods off-work, and even an inability to return to work.

Although injury victims have the option of pursuing a legal claim for damages for such a loss, many people never pursue a claim or even talk to their insurance company, especially if the other driver did not suffer significant vehicle damage or any injuries.  A common reason that many people elect not to pursue an auto accident settlement or judgment is because they assume they are at-fault for causing the crash.  Motorists might base their assumption on a traffic ticket, law enforcement accident report, witness feedback (such as passengers or the driver of the other vehicle), or the driver’s own conclusions.  This blog analyzes why collision victims should not simply rely on the conclusions of an accident report or an investigating police officer.

Why Police Accident Reports Might Be Wrong Regarding the “At-Fault” Driver

While the fact you received a traffic citation or you were identified as the “at-fault” driver in a police report is certainly important, police officer and the reports they prepare do not constitute the final word on liability for a car crash in Mississippi.  There are a range of reasons the report might be inaccurate, such as:

  • The injured driver was rushed to the hospital to receive medical attention, so the officer only heard the other driver’s version of the accident.
  • Mistakes might have been made during the investigation by the officer that resulted in an invalid conclusion.
  • Witnesses at the scene who were not truthful might have persuaded the officer to write the report in a way that favored their version of events.
  • Police accident investigators often fail to consider factors like unsafe roadway design, construction, or maintenance issues as a cause of accidents.
  • The officer’s interpretation of physical evidence at the scene might be influenced by witnesses who were mistaken because of faulty vision or a partially obstructed view.

These are just a few reasons that the conclusions of the police officer in a law enforcement accident report might be inaccurate.  If you are involved in a crash, you should ask the officer for the report number as well as the name and badge number of the officer.  This information will make obtaining a copy of the report easier after it has been completed.  If you find any missing or inaccurate information in the report that might explain why you were determined to have been responsible for causing the accident, you should contact the officer to attempt to get the information corrected.  The officer might amend the report or write a supplemental report.

Issuance of a Traffic Citation Also Is Not a Good Indicator of Financial Responsibility for a Crash

It also is misguided to rely on the assumption that a traffic citation establishes that the crash was your fault.  There are a number of reasons that receipt of a traffic ticket is not necessarily a reliable indicator that you caused a crash:

The traffic ticket might have been issued for a violation unrelated to the car crash.  The officer might have determined that you had non-functioning headlights during the crash investigation.  Although you might be cited for this violation, your non-functioning headlights would not be relevant to the issue of fault if you are rear-ended while at a stop sign.  Further, people get traffic tickets dismissed all the time, which often is based on the fact the officer did not have sufficient evidence to prove that the person cited engaged in the unlawful driving practice.

Our Mississippi Car Accident Lawyers are here to assist you in learning more about your legal options, even if you may partially or completely be at fault for an accident.  Contact Barrett Law today at (601)790-1505 to schedule your free consultation.

 

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Most Common Factors That Cause Auto Collisions in Mississippi

The range of causes that contribute to serious motor vehicle collisions fall into many categories, such as negligent driving, poor vehicle maintenance, defective components/systems, dangerous roadways, and more.  However, certain factors constitute more common causes of serious traffic accidents.  When a motorist understands unsafe conduct that contributes to crashes, the driver is better prepared to exercise caution and prudence to mitigate exposure to such hazards.  This blog post provides information on causes that often are asserted as a form of negligent conduct in personal injury lawsuits involving motor vehicle accidents.

  • Inattentive Driving: Talking and texting on cell phones constitutes the driving distraction that gets the most attention.  However, there are many other types of driver inattention that cause crashes ranging from other electronic distractions like surfing the internet or posting on a social media site to disciplining children in the back seat.  Electronic distractions have dominated the attention of lawmakers, the media, and traffic safety experts because of the sharp rise in the number of drivers who admit to engaging in this unsafe driving behavior.  This form of negligent driving involves many types of multi-tasking that involve mental, cognitive, and visual distractions.  Traditional distractions like grooming, adjusting the car radio, reaching for an object, eating, or rubbernecking can be even more insidious than use of a cell phone because this type of negligent conduct can be more difficult to prove.
  • Driving Under the Influence of Drugs or Alcohol: Although drunk driving gets most of the attention, collisions caused by prescription drugs have risen in recent years.  Substance impaired driving impacts the lives of many Mississippi families.  According to data from the National Highway Traffic Safety Administration (NHTSA), someone dies in a drunk driving crash every fifty minutes.  Although many people assume that the devastating consequences of alcohol or drug impaired driving only impact other families, one in three people will be involved in a drunk driving accident during his or her lifetime.
  • Following Too Close (Tailgating):  When motorists do not observe a safe following distance, the probability of a collision rises sharply.  Tailgating drivers often have insufficient time to react to road hazards, an interruption in the flow of traffic, or other obstacles.  Whether a driver needs to swerve or stop to avoid a collision, a motorist’s ability to execute evasive driving maneuvers depends to a significant degree on the amount of time a driver has to react.  Many motorists are familiar with the rule of thumb referred to as the two second rule (or three second rule), but they do not understand this following distance is predicated on optimal weather and road conditions.
  • Unsafe Speed: Like tailgating, traveling too fast reduces a motorist’s reaction time.  Excessive speed poses a dual threat because it impacts both the probability that a traffic collision will occur and the severity of injury.  Although driving at an unsafe speed often involves exceeding the maximum posted speed limit, slower speeds also can pose an unreasonable risk.  Drivers should never travel faster than is safe given road, weather, and traffic conditions.  The National Highway Traffic Safety Administration (NHTSA) reports that a third of all fatal crashes are speed related.

These forms of careless or inattentive driving constitute some of the most common forms of negligent conduct in personal injury lawsuits arising out of motor vehicle crashes.  Motorists that observe these forms of unsafe driving should try to keep a safe distance and exercise caution.  Our Mississippi Auto Accident Attorneys review law enforcement accident reports, skid marks, vehicle damage, medical records, witness statements, and other evidence to build a compelling claim for compensation.  Contact Barrett Law today at (601)790-1505 to schedule your free consultation. 

 

 

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Tactics Insurance Companies Use to Deny Auto Accident Injury Claims

If you are involved in a serious car accident in Mississippi, you may suffer serious injury or the tragic loss of a loved one.  The liability claim typically will be handled by the negligent party’s insurance company.  Insurance companies maximize profits by minimizing the number and amount of payouts on valid claims.  Insurance carriers have teams of attorneys, experts, and a wealth of resources that they use to minimize the recovery of accident victims.  Insurers handle tens of thousands of claims each year so they have an enormous wealth of experience in avoiding or minimizing liability claims.

Car accident injury victims need to understand the deceptive tactics that auto insurance carriers use to avoid paying claims.  This blog provides an overview of some of the tricks and tactics that the other driver’s insurance company might employ to mitigate liability.

Delaying Settlement of a Claim: Insurance companies are aware that car accidents that result in any form of serious injury impose enormous financial pressures on a car accident victim and his or her family.  Mortgage lenders, credit card companies, utility companies and other creditors do not stop sending bills when a breadwinner is injured.  Insurance adjusters know that the challenge associated with paying household expenses is compounded by mounting medical bills. An insurance company may intentionally drag out the settlement process to increase the financial pressure on a disabled injury victim. The insurance carrier hopes that the financial pressure becomes so intense that you simply settle the case for whatever the insurance company is prepared to offer.  There are also crucial time limits like the statute of limitations and deadlines for filing a claim against a public entity.  Many personal injury lawsuits are permanently barred because a car accident victim fails to file a lawsuit or file a claim against a public entity within the required deadlines.

Use of Recorded Statements: Once the other driver’s auto insurance carrier has been informed that you have been injured in a car accident, the insurer might contact you and ask you to agree to a recorded statement.  The insurance adjuster may even imply that they cannot process your claim unless you provide such a statement.  Because your claim is a third-party insurance claim based on the liability of the insurance company’s policyholder, you are under absolutely no obligation to provide such a recorded statement.  Any inconsistencies, confusion, or misstatements might well be used against you to deny or minimize your claim.  The sole purpose of such a statement is to develop damaging evidence against you and to craft an effective litigation strategy to deny liability or reduce the value of your recovery.

Surveillance and Monitoring of Social Networks: Insurance companies can and often do gather evidence by way of social network monitoring.  A growing number of people disclose many intimate details of their life on social network websites.  Insurance companies are aware of this practice and may monitor your site for compromising admissions, photos, and video clips.  Examples of damaging admissions might include the fact that you were not wearing your seatbelt, or you were using a cell phone when the accident occurred.  More and more car accident lawsuits are derailed when pictures emerge of an injury victim dancing the limbo, engaging in extreme sports, or otherwise engaging in conduct that is inconsistent with serious injury.

Challenging the Existence or Severity of Injuries: Insurance companies often argue that your injuries are either faked, exaggerated, or the product of a cause other than a car crash. Insurance companies routinely request disclosure of any prior injuries or illnesses and attempt to determine whether any of your current injuries may be characterized as pre-existing.

Requests to Sign Documents: It is not uncommon for the other driver’s insurance company to ask you to sign legal documents.  Two common documents that you may be asked to sign are an authorization for the release of personal or confidential information and a general release of liability. An authorization for release of information may enable the insurance company to conduct a fishing expedition by seeking your employment records, medical records, criminal records, and many other types of documents and information. Car accident victims that sign a general release of liability may waive all future claims for liability, which include those linked to legal claims that they were not aware existed and injuries that have not yet manifested symptoms.

Our Mississippi Car Accident Lawyer anticipate these tactics and act to protect our client’s best interests.  Contact Barrett Law today at (601) 790-1505 to schedule your free consultation.  We can evaluate your right to financial compensation.

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Fatigued Drivers Make Mississippi Roadways Dangerous

Most drivers have been in the position of feeling their eyelids start to droop as they struggle to stay awake while navigating Mississippi freeways.  Although it is extremely dangerous to drive when a person is overly tired, drowsy driving is all too common.  People are working longer hours to make ends meet, so they are getting less sleep at night. This lack of sleep means that motorists often struggle to stay awake and concentrate on the roadway.  Many drivers have had the experience of briefly dozing off before desperately trying to steer their vehicle back into their lane or onto the roadway.

The growing number of Mississippi car accidents caused by sleep deprived drivers is the product of a number of factors, which includes the general trend of people to get less sleep.  Long work hours combined with traffic laden commutes often prevent people from balancing family and employment responsibilities.   When family and parenting obligations must be fulfilled after getting home from work, this leaves little time to get an adequate night’s rest. There also has been an increase in the number of diagnosed sleep disorders, such as sleep apnea related to obesity.

Recent research reveals the impact of lack of sleep on traffic safety.  A survey conducted by the AAA Foundation revealed that a third of respondents indicated that they had operated a motor vehicle while overly tired during the prior one month period.  A separate study conducted by the National Sleep Foundation found that six in ten drivers conceded that they had operated a motor vehicle while extremely sleep deprived during the prior 12 months.  Further, four in ten drivers admitted dozing off behind the wheel.

Although drowsy driving might be harder to prove than operating a motor vehicle while impaired by drugs or alcohol, these studies suggest that tired drivers might pose as great a risk of traffic fatalities as alcohol impaired drivers.  Efforts to eliminate drowsy driving might be less successful because this unsafe driving practice is not viewed with the same level of disdain as substance impaired driving.  This difference in attitudes might be based on the belief that drunk driving is more dangerous.  However, research reveals that a driver who has been deprived of sleep for a 20 hour period exhibits impaired mental and physical driving abilities comparable to a motorist with a blood alcohol concentration over the level limit of .08 percent.

Motorists without adequate sleep exhibit a range of impaired abilities, including the following:

  • Sluggish reflexes
  • Distorted or blurry vision
  • Impaired concentration and decision-making
  • Tendency to doze off (micro-naps)
  • Less precision when using fine motor skills

One indicator of the magnitude of risk associated with driving without adequate sleep is that law enforcement investigators often find no skid marks at sleep-deprivation related crash site.  Since a sleeping motorists cannot even slowdown prior to a crash, the risk of fatality increases significantly.  Our Mississippi Traffic Collision Lawyers are committed to holding unsafe drivers accountable for their actions and seeking compensation for individuals who suffer serious injury or lose a loved one.  Contact Barrett Law today at (601) 790-1505 to schedule your free consultation. 

 

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Auto Insurers Count on You Not Knowing the Value of Your Car Accident Claim

If you settle an auto accident claim without obtaining legal advice, it is virtually impossible for you to know whether the settlement offered by the other driver’s insurance company is fair.  Because insurers know that non-attorneys lack the experience to evaluate a liability claim, they frequently take advantage of unrepresented car accident claimants by pushing lowball settlement offers.  The insurance company is well aware that car accident victims face severe financial challenges and frequently rely on this financial pressure to persuade accident victims to settle their case for pennies on the dollar.

An insurance company will often try to persuade injury victims that there is a simple standardized formula for determining the value of a car accident claim.  The insurance company adjuster may even suggest that retaining a personal injury lawyer will only result in a reduced net recovery.  This is a trap, and the insurance company is hoping you fall for this bad advice.

Evaluating a Car Accident Claim More Art than Science: Subjective Damage Factors

There are many subjective factors that are relevant to the proper estimation of the value of damages in a car accident lawsuit.  A few examples of these subjective factors include:

  • Moral outrage generated by the at-fault driver’s conduct
  • “Likeability” of the accident victim
  • Individual life experiences and impact on the victim’s quality of life
  • Persuasiveness and advocacy of your personal injury attorney
  • Closeness and quality of an injury victim’s marriage before and after the collision

This certainly is not an exhaustive list of the subjective factors that are relevant in determining the value of an auto collision claim.  However, these types of factors do not lend themselves to simply being plugged into a mathematical formula.  The weight, relevance, and impact of these factors are largely dependent on effective litigation strategy and persuasive advocacy.

When an insurance company tells you that they determine the value of your claim by use of a mathematical formula, this is misleading.  The insurance company will often multiply your medical costs by a factor based on the seriousness of your injuries.  For example, the insurance company may multiply all of your medical expenses by 1-3 for minor injuries, 4-6 for moderate injuries and 7-9 for serious injuries.  The insurance company adjuster may add to this total lost wages and property loss (i.e. vehicle damage) before making an offer to settle your case based on this calculation.  However, a skilled personal injury attorney often can obtain far more than the amount indicated by this type of simplistic calculation.

Balancing Evidence of Fault vs. Potential Recovery

While a wide array of complex subjective factors are important to determining the value of a car accident claim, the probability of a successful recovery and the amount of the potential recovery also constitute important factors.  Generally, personal injury attorneys consider an inverse relationship between the strength of the evidence of liability and the maximum recovery that might be available when evaluating a case.  In other words, a smaller recovery will still merit bringing a legal claim if the evidence of liability is compelling.  However, the possible recovery will need to be higher to justify the cost of litigation when fault will be a hotly contested issue.

Our Mississippi Car Accident Lawyers cannot guarantee any specific recovery, but we often provide a general estimation of the range of recoveries that might be possible based on an evaluation of your claim.  Contact Barrett Law today at (601)790-1505 to schedule your free consultation.

 

 

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Mississippi Car Accident Lawyers Discuss Special Risks Associated with Left Turn Accidents

While the risk of collisions involving motor vehicles is always present when vehicles cross paths at intersections, left turns present a special risk for pedestrians, motorcyclists, bicyclists, and vehicle occupants.  Based on data from the federal government, approximately 53 percent of all crashes involving vehicles crossing paths involve a left turn while less than six percent involve right turns.  This increased risk of an accident applies to all types of vehicles and even pedestrians.  Left-hand turns were determined to present triple the risk of a fatal pedestrian accident compared to a right turn according to a study conducted by New York City transportation researchers.  Further, the National Highway Transportation Safety Administration (NHTSA) reports that more than one in three fatal motorcycle crashes involve a motorist turning left in front of the rider.  Some traffic safety experts have even advocated that government traffic authorities prioritize safety over convenience by restricting or limiting the use of left turns.

Left hand turns contribute to accidents both by increasing traffic congestion and promoting prolonged stops in front of approaching traffic.  The obvious danger of having a vehicle waiting for cross-traffic to allow a left turn can be completed obviously creates an extended period of exposure for intersecting vehicles.  Since left turns often require delays while waiting for a special green arrow or cross-traffic to clear, congestion created by these delays also tends to promote accidents.

While it might be unrealistic to believe that left turns will be banned or severely restricted, the benefits of such a strategy have led at least one major shipper to adopt such a practice.  UPS has adopted driving practices that entail drivers turn right 90 percent of the time.  Given that UPS is one of the largest shipping and logistics companies in the U.S., it is particularly interesting that the practice has not only proven to make the roads safer but also resulted in improved fuel efficiency.   According to the company, their policy of minimizing left turns has saved millions of gallons in fuel based on a report published in The Washington Post.

Although the issue of liability must be evaluated based on the unique facts and circumstances of each accident, drivers involved in crashes while executing a left turn frequently will be considered at-fault for collisions.  Traffic laws in Mississippi and most states require that a motorist wait until a left turn can be completed safely before entering into an area where there is oncoming traffic.  Since traffic safety laws typically require that a motorist making a left turn yield to vehicles that are oncoming or approaching, the fault of the driver turning left will be almost automatic in most cases.  However, there are exceptions to this general principle, such as a driver that runs a red light or a motorist that exceeds the speed limit when entering an intersection.  Proof of fault also might be more complicated if it was safe to complete the left turn when the maneuver was initiated, but an unanticipated event caused the turning vehicle to stop or slow after commencing the turn.

If you or someone you love has been injured in a car accident caused by a driver executing an unsafe left turn, our law firm can evaluate your situation and determine your right to financial compensation.  At Barrett Law, our seasoned Mississippi Car Accident Lawyers understand car accident victims often feel overwhelmed, and we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing car accident case.

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