A Future without Car Accidents? New Technologies have Potential to Eliminate Automobile Crashes

Automobile accidents claim the lives of over 40,000 Americans each year, making them the number one cause of accidental deaths nationwide.  Over 5,500,000 car crashes occur annually, sending millions to the hospital and costing both individuals and states across the U.S. astronomical sums.  Researchers are now speculating that in the future, we may live in a world without car accidents, or with at least a radically reduced number of crashes.  Cutting edge technologies could save tens of thousands of lives a year and alter the face of personal injury law as we know it.  Here is a look at a few new developments in the field of automobile engineering that could bring much needed change to the accident arena:

  1. Vehicle-to-Vehicle Communication – this evolving technology, known commonly as V2V, is undergoing testing by numerous car manufacturers. V2V technology is best illustrated through the following scenario: imagine you are approaching an intersection with a green light.  As you reach the intersection, another vehicle runs their red light and barrels towards you, as you remain unaware of the approaching danger. Your vehicle, however, is well aware and takes action to prevent the crash.  It provides you a warning signal then automatically brakes, and notifies the other car as well.  While this may seem like science fiction, it is in fact a scenario that will shortly become a reality.  V2V enables vehicles to emit and receive information from one another, such as speed, direction, and location.  This information will allow all motor vehicles to remain a safe distance from one another.  In fact, researchers estimate V2V will reduce crashes by up to 79%.
  2. Vehicle-to-Infrastructure Communication – linked closely to V2V, Vehicle-to-Infrastructure Communication, or V2I, allows cars to interact with the environment, including road signs, traffic, pedestrians, and traffic signals.  V2I will relay important safety information such as roadblocks or poor road conditions, allowing you to avoid potential hazards.  When combined with V2V, V2I communication will decrease accident rates by 81%.
  3. Self-guided Vehicles – the most technologically advanced and the greatest revolutionary potential lies with self-guided vehicles.  Self-guided vehicles are, as the name describes, vehicles that drive themselves.  These vehicles learn roadways and communicate with other cars or trucks on the road.  They require no input from a person in order to navigate roadways safely.  Though it sounds like a thing of fiction, this technology is well along its way in the development process.  Google engineers have been tested self-guided vehicles for years in California and Nevada.  Self-guided vehicles have the potential to eliminate 95% of all car crashes because they remove the element of human error, which is the largest cause of accidents nationwide.

In addition to saving lives, eliminating many injuries, and slashing financial costs, these emerging technologies in the field of automobiles hold the potential to completely alter the field of personal injury law.  Car accidents represent a huge portion of most personal injury attorney’s case loads.  While this sub-field of personal injury law may be severely limited, the potential for a rise in the area of defective products exists.  Self-guided vehicles, V2V, and V2I technologies all eliminate or limit human error as a cause of accidents.  However, accidents may still occur due to failing technologies.  More suits against car manufacturers for defective vehicles could occur in coming years.

Since 1936, Barrett Law PLLC has watched and been a part of many changes in the field of personal injury law, particularly automobile accidents. The attorneys at Barrett Law PLLC will provide you with excellence of legal services and unsurpassed skill.  We will also take the time you need during your first visit to our office with an overview of your legal options and help you to make informed decisions in your case. Call us today at 1 (601) 790-1505 to schedule a free initial consultation.

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Winter Weather Creates Dangerous Road Conditions in Mississippi

Several arctic blasts have plummeted temperatures across Mississippi to record lows.  These frigid temperatures have lead to icy roads and numerous accidents.  Recently, in Pearl River, Mississippi, an astonishing thirty accidents occurred around I-59 in Pearl River County within one hour.  Tragically, an infant and two adults died due to the wintry conditions along Highway 11 near Picayune.

Earlier in the year, in Northern Mississippi, a storm resulted in extensive loss of power and downed tree limbs.  Over 5,000 homes in Hernando and DeSoto country were without power.  With this winter mix, a slew of accidents occurred.  A six vehicle accident involving multiple injuries took place in DeSoto County at the Coldwater River Bridge.  Meanwhile, in Olive Branch, three separate accidents transpired in a short 45 minute time span on Highway 305 and 78.

The icy road conditions lead DeSoto County and other counties across the state to implement a Inclement Weather Policy, which states that in the event of an accident which does not result in injury, and no drugs or alcohol were suspected, the drivers of the vehicles should exchange information, including names, addresses, phone numbers, and insurance data.  The drivers should then arrange a time to meet at the local law enforcement office.  Drivers have ten working days from the day of the crash to file a report.  Inclement weather policies such as this allow officers to focus their attention and resources on those who require medical assistance following a crash.

Forecasters predict Mississippi, along with much of the country, will continue to grapple with harsh winter weather in the coming weeks.  The following is a list of tips to help you stay safe on the roadways when the temperatures plunge:

  1. Wait it out – if it is sleeting, snowing, or likely that ice exists on the roads, the best way to avoid a potential accident is simply waiting for conditions to improve.  If staying home is not an option, listen to the news or radio before you leave to determine what roadways are the safest and which might be closed.  Avoid bridges as these are often the first places to freeze.
  2. Decrease your speed – when poor road conditions exist, travel below the speed limit to help maintain control of your vehicle.  High speeds and slick roads can cause serious accidents, spiraling even experienced drivers into a fishtail from which they may not be able to recover.
  3. Follow a slide – icy roads can cause vehicles to slide.  If you are caught in a slide, turn your wheel in the direction you are sliding.  This is the best way to correct it and regain your traction.
  4. Avoid constant braking – when driving on black ice, applying your brakes can actually cause you to slide.  Antilock brakes function poorly on snow or ice and will often lock up your wheels.
  5. Exercise caution and maintain vigilance – ice is particularly deadly for drivers because it is not always visible.  Be acutely aware of your surroundings when driving on potentially icy roads.  Further, remember that if you are struggling to drive on an icy road, chances are the other vehicles around you are as well.  Be on the lookout for other vehicles sliding towards you or into your lane and practice defense driving.

The seasoned personal injury attorneys at Barrett Law, PLLC want to see Mississippi drivers stay safe this winter by knowing the steps for managing icy road conditions.  If you or a loved one does get into a car accident, Barrett Law, PLLC can help.  The attorney team at Barrett Law, PLLC will zealously fight for your full recovery.  Call us today at 1 (601) 790-1505 to schedule a free initial consultation. 

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New Report Ranks Mississippi Among Most Dangerous States for Drivers

Recently, the Advocates for Highway and Auto Safety released a report ranking Mississippi among the eleven most dangerous states for drivers due to a lack of safe driving regulations.  This coalition of business and safety groups made the alarming finding that more states have a lack of basic safety laws than have strong safety regulations.  The report illustrates a direct correlation between regulation and lives saved.

The Advocates for Highway and Auto Safety ranked each state based on adoption of the fifteen safety laws considered critical by the organization.  After analyzing the safety laws employed in each state, the report provided color ratings according to the level of regulation.  Eleven states, including Mississippi, received a “red rating,” which reflects poor protections. The complete list of states receiving this red status are: Alabama, Arizona, Florida, Iowa, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.  Ten states received the highest “green rating.”  These top safety states are: California, Delaware, Hawaii, Illinois, Indiana, Louisiana, Maine, Oregon, Rhode Island, and Washington.  Washington, D.C., also received the coveted green ranking.  All remaining states fell into the “yellow rating” category, meaning they had some necessary regulations on the books but not as many as recommended.

The fifteen safety laws considered optimal by the Advocates for Highway and Auto Safety include: driving while texting bans; requiring booster seats for children; mandating helmets for all motorcycles; and allowing officers to ticket any passenger not wearing a seatbelt without another offense having first taken place.  Additionally, there are seven laws relating to teen driving, including night restrictions, and three related to impaired driving.

Illinois and Oregon were the top two states, each having adopted twelve out of the fifteen recommended safety regulations.  South Dakota had the fewest safety laws, with just two regulations that restrict nighttime driving among young drivers and prohibit open containers.  The organization found that two laws in particular, both related to teen driving, were the least adopted.  They are: setting sixteen as the minimum age to obtain a learner’s permit and nighttime restrictions on teen driving.  Just eight states prohibit learner’s permits for those under sixteen and only eleven have nighttime restrictions on teen driving.

According to the Advocates for Highway and Auto Safety, Mississippi needs to pass the following laws to ensure maximum driver safety in our state:

  1. Require booster seats through age seven
  2. Mandate sixteen as the minimum age for a learner’s permit
  3. Enact 30-50 hours supervised driving provision
  4. Strengthen nighttime restriction provision for new drivers
  5. Ban passengers with new drivers
  6. Strengthen cell phone restriction provision
  7. Set eighteen as minimum age for unrestricted license
  8. Pass law banning open containers
  9. Require ignition interlock for every offenders
  10. Pass an all driver text messaging ban

According to the Advocates for Highway and Auto Safety, crash data from the National Highway Traffic and Safety Administration demonstrates the effectiveness of safety regulations.  For instance, in 2012, seat belts saved the lives of an estimated 12,174 passengers.  The use of safety belts increased in states that passed laws allowing ticketing for failure to wear a safety belt even when no other offense had taken place.

Since 1936, the team of legal professionals at Barrett Law PLLC has represented the victims of all types of car, truck, and motorcycle accidents.  At Barrett Law PLLC, we care deeply about the safety of Mississippi drivers and hope to see more important safety regulations passed in the coming years so that our roadways become among the safest in the nation.  If you have been injured in an accident, contact Barrett Law PLLC today at 1 (601) 790-1505 for a free consultation.

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Can I Obtain Punitive Damages for the Injuries I Received In a Mississippi Car Accident?

Many individuals are injured in automobile or trucking accidents everyday.  Many of these injuries are relatively minor and also, have common causes—minor rear-end accidents, minor side-swipe collisions, and other similar accidents.  Unfortunately, sometimes injuries are not minor.  In fact, they often result in death or catastrophic injuries to its victims.  And sometimes the accident results not from a minor fender bender but from a horrific collision involving gross negligence, recklessness, and/or criminal wrongdoing.  In these types of accidents, such as the accident caused by Ethan Couch, which is discussed in another one of our blogs, our firm often gets inquiries about whether punitive damages are recoverable.

Punitive damages, unlike all other forms of damages that are designed to compensate an individual for his or her actual past and future losses, are designed to do one thing—deter future conduct by the defendant and others.  They, in effect, are a punishment.  Because punitive damages are not intended to compensate the plaintiff, who will nevertheless receive all or a majority of the damages, punitive damages are rather difficult to obtain.  The facts at hand have to rise to the level of something so egregious as to be essentially shocking or intentional.  The one exception is in regard to cases against an insurance company wherein it is alleged that the insurance company refused to settle/pay out on a particular matter in bad faith.

Punitive damages are largely governed by state common law, but the United States Supreme Court has issued decisions finding that punitive damages in a ratio of four to one implicates constitutional concerns.  However, the United States Supreme Court has also found exceptions to this; accordingly, there are no absolute or hard-and-fast rules.  The general proposition, however, is that the greater the amount of punitive damages, the greater the likelihood they will be subject to challenge.  The United States Supreme Court has ruled that the damages awarded be reasonable as determined by the degree of reprehensibility of the defendant’s actions.

Cases involving automobile accidents that may be one in which punitive damages could be sought include:

  • Manslaughter;
  • Reckless driving;
  • Fleeing the scene of an accident;
  • Intoxication; and
  • Criminal behavior while operating a motor vehicle.

Punitive damages will very likely not be covered by an insurance policy.  Therefore, determining whether to pursue them should include a consideration of the likelihood that the defendant they are imposed upon has the means to satisfy the judgment.  Punitive damages are more typically sought against companies such as employers, truck manufacturers, component part manufacturers, and the like.  However, they certain can and should be sought against individuals in appropriate circumstances.

If you or a loved one has been involved in a car or trucking accident, it is important to retain an attorney experienced automobile accident lawsuits.  The nuances of litigating automobile accident lawsuits can be difficult to navigate for an attorney inexperienced in such matters.  Matters of timing, obtaining medical records, knowing who to file suit against, obtaining records, retaining experts, and similar issues can easily lead to oversight and mistakes. You also need an attorney who understands how to fight for your rights.  We know how to do so and having been doing so for decades.  If you or a loved one has been injured or killed in an automobile accident, please contact Barrett Law PLLC at (601) 790-1505 to schedule your initial consultation.

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Mississippi Considering Texting While Driving Bans

Recently, Illinois became yet another state to entirely ban the use of handheld devices while driving.  On August 16, 2013, the governor of Illinois, Pat Quinn, signed legislation that prohibits the use of any handheld device while operating a motor vehicle on any Illinois roadway.  The law becomes effective January 1, 2014.  Illinois previously had significant restrictions on the use of hand-held devices while operating a motor vehicle.  Illinois will become the twelfth state to implement such a ban.  Other states with the ban include California, Connecticut, Delaware, Hawaii, Maryland, Nevada, New Jersey, New York, Oregon, Washington, and West Virginia, as well as the District of Columbia.

Nationally, such restrictions are a growing trend.  Most states have at least some restrictions on the use of handheld devices while operating a motor vehicle.  All but nine states have banned text messaging while driving, as has the District of Columbia.  Young drivers’ use of hand-held devices is limited in thirty-seven states. Arizona, Montana, and South Carolina are the only three states that have no restrictions whatsoever on the use of hand-held devices, whether talking or texting, while driving.

Additionally, federal law bans the use of hand-held devices by commercial drivers and bus drivers.  The Federal Motor Carriers Safety Administration (FMCSA) creates these restrictions.  It also provides for fines and penalties against drivers caught violating the restrictions.  It is well-established that the use of hand-held devices while driving increases the risk of motor vehicle accidents.  One study done for FMCSA indicated that the risk of crashes or traffic violations is more than 23 times higher for drivers text while driving.

Mississippi has laws in place that limit texting while driving.  Under current Mississippi law, drivers with a learners permit are prohibited from texting while driving.  The use of hand-held devices is also banned for bus drivers if minor children are on board the bus.  No other limitations or restrictions exist regarding the use of hand-held devices while driving.  However, the Mississippi Senate Transportation Committee recently held hearings regarding implementing additional restrictions in the 2014 Senate session.

Senator Sally Doty seems to be in support of additional restrictions, stating that texting while driving endangers the lives of both the individual engaging in the action as well as others on the road, but did concede that restrictions can be difficult to enforce.  Senator Hob Bryan expressed concern that general restrictions do not take into consideration factors such as the remoteness of the roadway being travelled.  Despite these conflicting interests, many critics of Mississippi’s lack of restrictions have recently begun more strongly voicing their concerns.  Many newspaper articles have been written over the last several years strongly advocating for increased restrictions in Mississippi.

Nationally, there has also been a trend in lawsuits being brought involving the use of hand-held devices while driving, alleging that drivers were texting while driving and therefore negligent in causing accidents.  Even more recently, assertions of negligence have been brought against individuals texting a driver because that individual knew the driver was operating a motor vehicle at the time.  To date, these lawsuits have been unsuccessful.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents in Mississippi for decades.  If you or someone you love has been injured in a motor vehicle accident, please contact us today to discuss your rights.  We can be reached at (601) 790-1505.

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NHTSA Announces Teen Driver Safety Initiative

The United States’ National Highway Traffic Safety Administration (“NHTSA”) recently announced its new safety initiative designed to decrease the number of fatalities involving teenagers.  According to NHTSA, motor vehicle accidents claim the lives of more teenagers aged 14 to 18 than does any other cause.  In 2011, 2,105 teenagers died in motor vehicle accidents.

The topics covered in the initiative, “5 to Drive” include refraining from cell phone use and avoiding texting while driving; limiting extra passengers in the car; avoiding speeding; avoiding the use of alcohol before or during driving; and ensuring the use of a seat belt.  The topics are designed to address the common characteristics attributing to teenager motor vehicle fatalities—inexperience and immaturity.

In terms of contributors to fatal accidents involving teenagers, in 2011, twenty-seven percent of all fatalities involved teenaged drivers with positive blood-alcohol concentrations.  This figure represents an increase from twenty-four percent in 2007.  Speeding is also a large contributor to fatal accidents involving teenagers.  From 2007 to 2011, the percentage of fatalities involving speeding remained constant at thirty-five percent.  Finally, the most staggering statistic of all is that in over half—approximately fifty-three percent—of all fatal accidents, the teenagers that were killed were not wearing safety belts.

In fatal car accidents involving teenagers, forty percent of those fatalities involved the driver of the motor vehicle.  Twenty-eight percent involved occupants in a motor vehicle operated by a teenager.  Finally, twenty-four percent of fatalities involved occupants in motor vehicles driven by someone else.  Most of these accidents occurred between three and five o’clock in the afternoon, with another spike during late-night hours.

NHTSA regularly publishes a report addressing, among other things, strategies to reduce accidents involving teenaged drivers.  One of the most effective of these strategies includes introducing a system of graduated driver’s licenses.  According to NHTSA, all states have implemented such graduated licensing systems, although they vary from state to state.  The graduated licensing systems involves three stages—a learner’s permit, an intermediate license, and a full license.  Other equally effective strategies include restrictions on the number of passengers in the motor vehicle and restrictions on nighttime driving.  Other less effective strategies include limitations on the use of cell phones and requiring the use of seat belts.

Parents are encouraged to set ground rules early and ensure consistent enforcement.  In fact, NHTSA recommends using a driving contract with teenaged drivers.  The contract should clearly indicate ground rules and should also clearly set forth the consequences for breaking the ground rules.  Suggested rules include zero-tolerance on the use of alcohol; always use a seat belt; no cell phone use while driving; no driving after 10 p.m.; and allowing only one passenger at a time.

Talking with teenagers about traffic safety early on, before they start driving, is also key.  Parents are reminded that driver’s education classes cannot cover every aspect of safe driving and that parents need to be actively involved in educating their teenagers about safe driving habits.  Finally, NHTSA recommends modeling safe driving behaviors while your teenagers are in the care—no cell phone use, use of seatbelts, avoid speeding, and the like.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents for decades, and will continue to do so for decades into the future.  If you or someone you love has been injured as a resulting of a motor vehicle accident, please contact our firm today at (601) 790-1505 to schedule an initial, no-cost consultation.

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Teenagers Injured in Serious Mississippi Car Accident

In another article posted on our law firm’s website this month, the risks associated with teenaged drivers were discussed.  Three accidents that have occurred over the past several months illustrate the devastating effects of inexperienced and inattentive teenaged drivers and the need for increased focus on this issue.

In a recent motor vehicle accident in Warren County, Mississippi, six teenagers were injured and one teenager was killed.  It happened on October 15, 2013, just after 9:00 p.m.  A Toyota Corolla was being driven by a 16-year old who lost control of vehicle and crashed into a tree.  The six passengers in the vehicle included a 15-year old, three 14-year olds, and two 13-year olds.  Two of the teenagers needed to be airlifted to the University of Mississippi Medical center.  One of the 14-year old passengers died from the injuries he sustained in the accident.

In a shockingly similar story, and just several days earlier, on October 12, 2013, seven teenagers were injured in an accident in Olympia, Washington, when a motor vehicle driven by a 16-year old crashed into a pillar.  Fortunately, in this accident, no one lost his or her life, though the force of the collision actually caused the engine to separate from the car.  There were six passengers in the car.  Three of the passengers were 17-year olds, one of the passengers was a 16-year old, and two of the passengers were 15-year olds.  Authorities investigating that accident indicated it was caused by driver inattention.

In a terrible tragedy in Laveen, Arizona, near Phoenix, earlier this year, three children—ages 11, 5, and 4–were killed in an accident involving a teenaged driver.  There were seven passengers in the car at the time of the accident, ranging in age from three to sixteen.  All seven of the passengers were siblings.  The driver was transporting all of his siblings to school.  Several of the children were ejected from the minivan after it crossed collided head-on with another vehicle and then rolled over.  Police had to search nearby brush and bushes to locate all of the passengers.  The four siblings who managed to survive the accident suffered severe injuries.  No one in the minivan was wearing a seatbelt.  Authorities indicated that the cause of the accident was inexperience.  Authorities also indicated that the driver may have been impaired by drugs or alcohol at the time of the accident.  The driver of the vehicle was unlicensed—he had only a learner’s permit.  The driver of the vehicle that the minivan collided with also died.  He was 31 years old.

The United States’ National Highway Traffic Safety Administration (“NHTSA”) regularly publishes a report addressing, among other things, strategies to reduce accidents involving teenaged drivers.  One of those strategies includes restrictions on the number of passengers in the motor vehicle.  Other strategies include the use of safety belts.  NHTSA also recommends that parents have early and frequent discussions with teenaged drivers about safety issues and set restrictions on things such as the use of cell phone and number of passengers in the car at any one time.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents for decades.  If you or someone you love has been injured as a resulting of a motor vehicle accident and a teenaged driver was at fault, we understand how difficult the situation can be for all individuals involved.  Nevertheless, you have been injured and you need to protect your rights and make sure you receive the compensation you deserve.  We can help you receive that compensation.  Please contact our firm today at (601) 790-1505 to schedule an initial, no-cost consultation.

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Volkswagon Recalls Millions of Cars

On November 13, 2013, Volkswagen announced it was recalling 2.64 million Volkswagen and Audi cars worldwide due to multiple potential issues.  Volkswagen is Europe’s largest automobile manufacturer.  The recall is one of the largest ever recall impacting Volkswagen.  Many of the vehicles being recalled are located in China and the United Kingdom.

One of the safety issues involves vehicles with seven-speed dual-clutch gearboxes.  The affected gearboxes are known as DQ200 gearboxes.  Vehicles impacted by the recall include Scirocco 1.4Ts, 1.4Ts and 1.2Ts Beetles, Audi A1s and A3s, Golf wagons, and Golf sports convertibles.   Other affected vehicles include Boras, Sagitars, Magotans, and Tourans.  According to Volkswagen, the synthetic oil in these gearboxes needs to be replaced.  This safety issue affects 1.6 million vehicles.  Volkswagen has indicated the issue involves vehicles subjected to hot, humid conditions and stop-and-go driving.  These conditions, coupled with the synthetic oil, can cause damage to electronics in the vehicles in question.  Replacing current synthetic oil with a mineral oil has been found to correct the problem.

800,000 Tiguans are also subject to the recall.  The Tiguans suffer from a possible fault in a fuse that can affect lighting.  Models built between the years 2008 and 2011 are affected.  The recall requires replacing the fuse with a fuse with a more durable surface.  Obviously, issues with the failure of lighting can be disastrous, depending on the circumstances involved.  No one wants their headlights to fail in the dead of night while driving down dimly-lit roads.

There recall also involves 239,000 Amarok trucks.  The trucks have fuel lines that potentially leak.  The recall involves fitting protection to the fuel lines to prevent damage.

If you drive a Volkswagen or Audi vehicle, in order to verify whether your vehicle is subject to this recall, you can visit the following website:

http://www.vw.com/en/owners/parts-and-accessories/protection/recalls-campaigns.html.

Relatively minor issues such as those affecting the Volkswagen and Audi vehicles in question may seem unimportant, but it is vital to ensure any vehicle you drive is up-to-date on any replacements, modifications, etc., necessitated by recalls.  Nearly everyone can remember the safety recall and related issues that plagued Toyota during 2010.  Over five million cars involved in the Toyota recall were recalled due to issues with floormats.  While it sounded innocent enough, the floormats could cause the pedal to stick and thereby cause extremely unsafe acceleration issues.

While our law firm is certainly not suggesting that the current Volkswagen recall is at all similar to the Toyota recall, it is important to note that proper maintenance and attention to your vehicle is important for your safety, as well as the safety of all other individuals on the road.

If you have been involved in an accident and you believe a malfunction related to your motor vehicle might have caused or contributed to the accident, it is important that you retain an experienced personal injury attorney as soon as possible. Accidents involving failed or malfunctioning component parts are extremely complicated to litigate.  More than likely, your case will require extensive accident reconstruction and expert analysis. If you have been injured, these issues are the last things you want to be focused on.  You need to focus on recovery.  Let us help you through this difficult time by focusing on the legal aspects of your case.

Barrett Law, PLLC has been representing the rights of individuals injured in trucking accidents for many years.  If you or someone you love has been injured as a resulting of a motor vehicle accident and you suspect that defects in the motor vehicle caused or contributed to the accident, please contact our firm today at reached at (601) 790-1505 to schedule an initial, no-cost consultation.

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Debate Over How to Curb Distracted Driving in Mississippi

Everyone has read about the dangers of distracted driving.  Unfortunately, many of us have also experienced it first hand in the form of being involved in a motor vehicle accident or having a loved one or friend who has been involved in such an accident.  There is simply no debate that distracted driving leads to increase risk of motor vehicle accidents.  However, there is a debate on the best way to deal with the issues related to distracted driving.

Many individuals have begun advocating for increased technology to alleviate distracted driving.  Devices that allow voice-activated commands, such as voice-activated texting, voice-activated GPS, and hands-free telephone calls, are on the rise.  The concept behind these products is to use technology to make current technology safer, rather than prohibiting its use while operating a motor vehicle altogether.  Despite this, there are disputes about whether ever-increasing technology is, in fact, the best way to deal with distracted driving or whether ever-increasing technology simply creates even more distracted driving.

A study published by Professor David Strayer of the University of Utah, sponsored by AAA (formerly the American Automobile Association) Foundation for Traffic Safety, indicates that ever-increasing technology does not alleviate distracted driving and actually makes it even worse.  The full study can be found at https://www.aaafoundation.org/measuring-cognitive-distractions.  The study measured cognitive distractions while driving a motor vehicle.  According to the study, three types of in-vehicle distractions exist:  impairments to driving (such as taking your eyes of the road); manual impairments to driving (such as taking your hands of the steering wheel); and cognitive impairments to driving (when attention is withdrawn from the task of driving itself).

To evaluate cognitive distraction, researchers evaluated reaction time and physiological measures, such as brain activity and eye movements.  Drivers were given a series of eight increasingly cognitively-demanding tasks in various simulated laboratory and driving simulator and real-life situations.  These activities included no distractions at all; listening to the radio; listening to an audio book; talking with a passenger; having a conversation on a hand-held device; having a conversation on a hands-free device; speech-to-text; and performing math and verbal problems.  As drivers engaged in activities that required more attention, cognitive distraction consistently increased.  Notably, speech-to-text and more complicated cognitive activities, such as performing math and verbal problems with driving, produced the next-to-highest and highest levels of cognitive distraction.

The study reports that even with eyes and hand on the wheel, causes of cognitive distraction cause major impairments to safe driving.  These include suppressed brain activity to the areas needed for safe driving; increased reaction time; missed cues; and decreased visual attention.  The study clearly indicates that hands-free does not mean safer.

The National Highway Traffic Safety Administration recently released figures related to accidents occurring in the year 2012.  According to the yearly report, 421,000 individuals were injured in accidents related to distracted driving.

Regardless of the cause, if you or a loved one has been injured or a loved one has been killed in a motor vehicle accident, the consequences can be devastating.  During this difficult time, you need experienced attorneys to help you make sense of the chaos surrounding you—legally, financially, and otherwise.  Barrett Law PLLC, has experience to provide you with this kind of help.  Our law firm ahs been representing individuals injured in car and truck accidents in Mississippi for decades.  If you have any questions about lawsuits related to car or truck accident injuries, please contact us at (601) 790-1505 to set up a no-cost consultation.

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NHTSA Releases Annual Report on Motor Vehicle Accidents

The National Highway Traffic Safety Administration (“NHTSA”) is an agency of the United States Department of Transportation.  NHTSA was established by the Highway Safety Act of 1970.  NHTSA is charged with ensuring and promoting traffic safety through various safety and consumer education programs, research programs, and investigatory functions.  Every year, NHTSA gathers statistics regarding traffic accidents and releases year-end reports.  NHTSA recently released its report summarizing traffic accident statistics for the year 2012.

In 2012, both motor vehicle crashes and fatalities as a result of such crashes increased.  This represented the first increase in six years.  33,561 individuals died as a result of motor vehicle accidents, which includes both occupants and non-occupants.  This is a 3.3% increase over the number of deaths that occurred in 2011, which was 32,479.  Men consistently comprise about 70% of all individuals killed in traffic crashes.

By far, the most individuals were killed as occupants in passenger vehicle accidents—a total of 21,667 deaths occurred as a result of such accidents.  These accidents include those involving passenger cars and light trucks.  697 deaths resulted from accidents involving occupants in heavy trucks.  Finally, 4,957 deaths resulted from motorcycle accidents.  5,692 individuals who were non-occupants (pedestrians, bicyclists, etc.) were killed in motor vehicle accidents.

The number of individuals injured in motor vehicle accidents also experienced the first statistically-significant increase in decades.  The last occurred in 1995.  In 2012, 2.36 million individuals were injured in traffic accidents, which is a 6.5% increase of the number injured in 2011.  As with fatalities, by far, the most individuals were injured as occupants in passenger vehicle accidents—a total of 2,091,000 individuals.  25,000 injuries resulted from accidents involving occupants in heavy trucks.  Finally, 93,000 injuries resulted from motorcycle accidents.  135,000 individuals who were non-occupants were injured in motor vehicle accidents in 2012.

Sadly, alcohol-related fatalities increased in 2012 by 4.5% over 2011 to 10,322.  These fatalities represent 31% of all 2012 fatalities involving traffic accidents.  Most of these fatalities involved passenger cars, accounting for 4,104.  3,696 individuals were killed in alcohol-related accidents involving light trucks; 1,390 individuals were killed in alcohol-related accidents involving motorcycles; and 80 individuals were killed in alcohol-related accidents involving large trucks.

In 2012, there were a total of 30,800 fatal crashes.  There were a total of 5,615,000 crashes.  This is a 5.2% increase over 2011, in which there were 5,338,000 crashes.

Approximately 52% of the individuals killed in motor vehicle accidents in 2012 were not using proper safety restraints.  Slightly more individuals were killed in daytime accidents (51%) than in nighttime accidents (48%).

Rural road crashes accounted for 18,170 deaths; urban road crashes accounted for 15,296.  18,887 deaths resulted from roadway departure crashes; 8,766 deaths resulted from accidents at intersections. A full copy NHTSA’s report can be found at

http://www-nrd.nhtsa.dot.gov/Pubs/811856.pdf.

If you or a loved one has been involved in a motor vehicle accident, it is important to retain an attorney experienced in this type of personal injury lawsuit.  You need an attorney who understands the various stages of a personal injury lawsuit, from issuing a demand letter to the insurance company, to requesting medical records, to engaging in investigating the underlying facts, to setting the matter for trial, if necessary. Barrett Law, PLLC has been striving to protect the rights of individuals injured as a result of motor vehicle accidents for decades.  We are here to protect you.  Please contact us today at (601) 790-1505.

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