Federal regulators are proposing a new rule designed to reduce the risk of potentially deadly sudden unintended acceleration accidents.  The regulation would make installation of a brake throttle override mandatory in all new vehicles.  The goal of the proposed safety regulation is to provide a safe way to slow a vehicle where the brake pedal becomes stuck or depressed by a faulty floor mat.  Toyota has recalled millions of cars in the wake of complaints of sudden unintended acceleration accidents.  The automaker also settled a lawsuit for $3.8 million in a fatal unintended acceleration collision in San Diego, CA.

The National Highway Traffic Safety Administration (NHTSA) officials have suggested that the proposed change could prevent sudden acceleration accidents caused by sticky gas pedals and defective floor mats based on the results of studies conducted by NASA and the NHTSA.  The vehicle’s onboard computer would automatically disengage the throttle when the vehicle’s brake pedal is depressed.

The impetus for the new regulation is in part a fatal collision in 2009 in which a floor mat trapped the gas pedal of a Lexus ES350 and caused the vehicle to accelerate to over a hundred miles per hour before crashing and igniting into a fireball of flames.  The crash resulted in the tragic death of an off duty CHP officer and three family members.  Witness reports indicated that at the time the vehicle was accelerating out of control, a vehicle occupant was on the phone with 911 reporting that the vehicle would not slow down despite the driver repeatedly depressing the brake peddle.

Lexis cars and other vehicles manufactured by Toyota suffered severe sales declines in the wake of repeated recalls related to unintended acceleration defects.  Although some vehicle manufacturers already employ brake override systems, they are not yet standard many vehicle makes and models.

Sudden acceleration accidents present a terrifying situation because the uncontrolled acceleration makes the vehicle harder to maneuver and impossible to stop.  While any vehicle that accelerates on its own to high rates of speed poses an extremely high risk of causing an accident, this type of collision is also likely to cause catastrophic injuries and fatalities because of the force of impact.

If you or someone you love has been involved in a sudden unanticipated acceleration accident in Mississippi, our experienced Mississippi sudden acceleration car accident attorneys may be able to represent you in seeking the financial compensation your deserve.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

Most Mississippi drivers have had the experience of traveling down the road or highway and encountering an extremely rude or aggressive motorist.  Aggressive drivers may tailgate while flashing their bright, speed, weave through traffic, drive on the shoulder or otherwise engage in multiple traffic violations simultaneously.  As upsetting and stressful as it can be to deal with a driver engaged in such conduct, the safest option usually is to simply to stay clear of such a driver.  Aggressive drivers may become easily agitated or angry if you retaliate.  Retaliation may result in an aggressive driving situation escalating into a road rage incident.

While many times people use the terms “aggressive driving” and “road rage” simultaneously, they are very different concepts and pose unique types of injury risks.  Aggressive driving refers to drivers that consciously engage in multiple acts of unsafe driving or motor vehicle violations at the same time.  An example might include a driver that is speeding and swerves onto the shoulder to pass you.  While aggressive drivers pose a substantial risk of causing a serious car accident, there conduct may exhibit a high degree of negligence and even rise to the level of recklessness, but there is no intentional goal to cause harm to others.

The motivations of drivers engaged in road rage are far more malevolent.  Road rage involves drivers that engage in acts intended to cause injury to another.  While some of the better publicized examples involve shooting firearms into the passenger compartment of other vehicles, an automobile can just as easily be used as a weapon.  A driver who attempts to run down a pedestrian or force another vehicle off the road in a fit of anger is another type of conduct that may constitute road rage.  Road rage that results in injury to another does not just expose a driver to civil liability for money damages but may also result in serious criminal charges.

Many people make the mistake of responding to aggressive drivers by making gestures, yelling, or otherwise antagonizing aggressive drivers on Mississippi roadways.  There is little value in this form of provocation and an extreme risk of escalating the situation.  If you or someone you love has suffered serious injuries or a loved one has died because of the negligent driving of an aggressive driver or an act of road rage, the experienced Mississippi aggressive driving attorneys at Barrett Law may be able to represent you in a personal injury action. At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

There is little dispute that cell phone use while driving is a substantial factor in many distracted driving car accidents in Mississippi. Federal agencies like the National Highway Traffic Safety Administration have even compared talking and texting on a cell phone when driving to driving while under the influence of alcohol.

Many states have attempted to address this danger by enacting bans and limits on the use of cell phones while driving. While it is reasonable to assume that these restrictions on texting or talking while driving would reduce car accidents, a puzzling study suggest that these laws have done little to reduce the number of cell phone related car accidents.  The study reported on CNN indicated that cell phone bans in three states and Washington DC have not had an impact on auto accident rates.

The researchers who conducted the study were puzzled by the results because there is a wealth of evidence indicating that cell phone use increases auto accident rates.  Further, the study found that cell phone driving bans did reduce the use of handheld cell phones while driving. Despite these findings, the accident rate in the states studied did not fluctuate before and after the ban nor was the accident rate for Washington DC different than that of Maryland or Virginia that do not have cell phone bans.

One theory to explain the unexpected results of this recent study is that many drivers continue to use Bluetooth devices in the face of a hands-free cell phone use ban.  Several studies have shown that there is no substantial difference in the danger posed by using a cell phone while driving whether one uses a Bluetooth device or a handheld cell phone.

Studies indicate that cell phone use while driving increases the risk of being involved in a collision by a factor of 400 percent.  It appears that the real problem is that the challenge in implementing bans on cell phone use is actually eliminating this driving distraction.  Because hands-free bans do not appear to be effective, it may take a complete ban on all cell phone use while driving to prevent this form of Mississippi distracted driving accident. The increasing sophistication of smartphones has created an unlimited variety of applications that may be used by someone with a cell phone, which may cause them to take their concentration or eyes off the road and their hands-off the steering wheel.

The other possible problem with cell phone bans may be based on a cost-benefit analysis.  Because the fines associated with using a cell phone when driving typically are fairly modest, and it can be difficult to prove someone is using a cell phone while driving, many drivers may determine that the low risk of being caught combined with the relatively nominal penalty does not justify the inconvenience of not using their phone while driving.  Unless the penalties associated with cell phone bans are substantially increased, many drivers may choose to continue this extremely unsafe driving practice.

If you or someone you love is injured or a family member dies because of a negligent driver who is using a cell phone while driving, you may be able to seek damages for your injuries and loss.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

A teenager who suffered serious injuries when a Toyota 4Runner rolled over was recently awarded $6.9 million dollars by a jury in federal court in Jones County.  The case serves as a tragic reminder of the danger of defective SUVs that are prone to rollover.  The teenager suffered spinal cord injuries that left him paralyzed from the waist down after the rollover crash.

An expert for the plaintiff in the rollover over accident lawsuit testified that the tires of the vehicle dropped off the edge of the road.  When the teenager steered back hard to the left to get the tires of the vehicle back on the roadway, the pavement “tripped” the SUV causing it to rollover multiple times.  Evidence was provided in the case that the models of 4Runners produced between1990-95 were top heavy, which combined with a narrow wheel base made them prone to rollover.

The jury award was based on the fact that the teenager is confined to a wheelchair and cannot use his arms.  This tragic rollover accident serves as an example of the danger posed by defective SUVs that are susceptible to rollover accidents.  The steering maneuver that the teenager used is routinely executed without incident in other types of passenger vehicles that do not possess the narrow wheel base and high center of gravity of a defective SUV.  This simple evasive maneuver can lead to traumatic permanent injuries or even wrongful death when executed in an SUV.

This tragedy also provides further evidence of the extreme danger involved in rollover accidents.  When a vehicle rolls over there is an extremely high risk that vehicle occupants will be ejected from the vehicle.  The safest place during most collisions is inside the vehicle where you have the protection of the body and frame of the vehicle.  This is a reason it is extremely important to wear a seatbelt when riding in an SUV because it will help keep you in the vehicle in the event of a rollover collision.  Many times when the vehicle rolls over it causes the door frames to become malformed causing the door to swing open and further increasing the possibility of a vehicle ejection.

Even when a vehicle occupant manages to remain in the vehicle in an SUV rollover accident, there may be a substantial risk of roof crush injuries.  Most SUVs lack roll bars and do not have adequate roof strength to prevent the roof from collapsing on SUV occupants in a rollover accident.  If you or someone you or someone you love is injured or a family member dies in an SUV rollover accident, you may be able to seek damages for your injuries and loss.  At the Barrett Law Offices PLLC, our experienced Mississippi SUV rollover accident lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

Many people are aware of the dangers of texting and driving or any other use of a cell phone while operating a motor vehicle.  Few people give a second thought to the form of distracted driving that many safety experts consider even more dangerous to other drivers, passengers and pedestrians.  In fact, billions of dollars are generated by businesses promoting this type of inattentive driving annually.  The type of inattentive driving that many traffic safety experts believe poses an even greater danger to others on the roads is eating and drinking while driving.  The practice is so commonplace that for many the activity is second nature.

The practice of eating and drinking while driving is promoted by the billion dollar fast food industry, which offers fast food drive thru windows, as well as convenience stores that offer hot coffee and tanker sized soft drinks to those on the go.  Some places will even wrap the food to facilitate eating the food while you are driving.  However, eating and drinking while driving can constitute one of the worst forms of driver distraction because it involves a distraction at all three levels of driver distraction – visual, mental and physical.

Unwrapping Food: Most fast food or packaged food that drivers eat in their car must be unwrapped or re-wrapped for eating, which requires that one’s eyes, hands and concentration all be directed to manipulating the packaging so that the food item can be eaten in the vehicle.  This even applies to a lesser degree to soft drinks where drivers may have to remove a straw from the wrapper so that the straw can be inserted into the drink.

Liquid Spills: These are among the most dangerous hazard associated with consuming food and beverages while driving.  Hot drinks like coffee or tea can spill in one’s lap causing a burn and distracting drivers from driving while struggling to alleviate the discomfort and prevent a serious burn.  The other serious issue related to spills of drinks is that a driver’s first instinct may be to reach for something to mop up the mess.  This means that the driver is again distracted mentally thinking about cleaning up the mess, physically reaching for something to clean up the mess, and visually while checking to ensure that the spill is properly mopped up.

Messy Foods: Many motorists are concerned about food creating messes in their car.  When juicy burgers or tacos loaded with sauce leak on the upholstery or carpet of the interior of a vehicle, drivers may be focused on preventing permanent stains than avoiding serious injuries.  A survey conducted of the most dangerous foods to consume when driving rated messy foods near the top of the list.

The fundamental point is that it is not safe to eat and drink while driving despite the fact this is a common practice for many Mississippi drivers.  Studies have shown that eating and drinking while driving may be a factor in as many as eighty percent of all car accidents.  If you or someone you love has been injured in a Mississippi car accident with a driver who was distracted while eating, you may be entitled to compensation for your injuries.  At the Barrett Law Offices PLLC, our experienced Mississippi distracted driving lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

Drivers distracted while texting on cell phones and other portable communication devices remains a serious cause of Mississippi car accidents.  Although there have been numerous proposals to prohibit texting and driving in Mississippi, all of these proposals have failed to be enacted to this point.  An important consideration in whether Mississippi should follow through on enacting a texting and driving ban is a consideration of whether such legislation has been effective in other states.

Extensive research on the subject shows that the impact of ant-texting laws is somewhat complicated.  While there is substantial evidence that anti-texting laws reduce car accident rates, there is also evidence that the deterrent impact of these laws declines over time.  AAA has conducted a series of studies that provides insight into the impact of banning texting and driving as well as potential limitations on such bans.  One study revealed that there was an initial reduction in texting and driving when California’s texting and driving ban first went into effect, but the effectiveness of the ban declined over time with the number of text messaging citations increasing annually since the ban was enacted in 2009.  There were over 500,000 texting and driving citations issued in California during 2011, which represented more than a 20 percent increase over the prior year and more than a 50 percent increase from the year the text messaging ban went into effect.

Studies conducted by AAA before the ban went into effect suggested that 1.4 percent of drivers in the state were engaged in texting while driving at any point in time.  Follow-up studies revealed that texting and driving declined by as much as seventy percent in the months immediately after enactment of the prohibition on texting messaging while driving.  However, the number of drivers that were engaged in text messaging while driving had doubled from the point of the post-ban enactment decline.  Despite evidence that the deterrent impact of texting and driving bans diminishes over time, there is also evidence that these bans do save lives and prevent serious bodily injury.  According to one state agency, the number of mobile phone related car crashes declined by 45 percent during the first two years of the state’s prohibition on texting while driving.

This data along with other statistical information about texting and driving makes clear that while a Mississippi ban on texting and driving would be a positive step the form of the ban is relevant.  One study has shown that texting while driving increases the probability of a motor vehicle collision eightfold.  However, there are certain features of existing text messaging bans in other states that may explain the mixed results.  The effectiveness of the texting ban as well as most traffic safety laws appear to be based on both the probability of being caught and the severity of the penalty.  Many text bans carry only nominal fines and have no impact on driving records.  This type of limited penalty can result in drivers conducting a mental cost-benefit analysis and determining that the insignificant penalty that accompanies a texting and driving violation is outweighed by the convenience and desire of engaging in this unsafe driving practice.

The lack of deterrent impact of many anti-texting laws is compounded by enforcement challenges.  Because smart phones, iPods and other portable communication devices may be used for a wide variety of functions, it can be very difficult to prove that a driver was using it for texting as opposed to some other function that is not banned.  The formula for enacting an effective texting and messaging ban may be to impose more significant penalties, including costly fines and points against one’s driving record as well as enacting a complete ban of all portable electronic devices while driving.  The experienced Mississippi distracted driving accident attorneys at Barrett Law have been providing effective representation to person 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.

Construction zones constitute one of the most dangerous segments of roadway in Mississippi.  Construction zones are full of hazards that can cause serious accidents including heavy machinery, open trenches, confusing signage and stop and go traffic.  A fatal construction zone accident in Auburn on the I-85 this week left a Mississippi man dead and serves as a grim reminder of the danger posed by hazards in Mississippi construction zones.  The Mississippi man was in the center median working on a construction project installing cable barriers when a vehicle veered into the center median and killed the man on impact.  After running down the man, the vehicle collided with a traffic barrel before slamming into a bobcat loader.

Mississippi work zone accidents are caused by a variety of factors including driver inattention, excessive speed, debris, heavy equipment in the roadway and a plethora of other causes.  Work zones are one of the most dangerous stretches of roadway for drivers, passengers, pedestrians and workers.  Some of the most common factors in causing construction zone accidents in Mississippi include:

  • Heavy machinery obstructing the roadway
  • Inadequate or poorly located warning and signage
  • Missing guardrails or barriers
  • Inattentive motorists
  • Drivers who fail to reduce their speed
  • Gravel which can cause vehicles to skid
  • Missing stop signs
  • Misplaced concrete barriers
  • Narrow roadways
  • Debris in the roadway

These are only a few of the hazards that make Mississippi construction zones extremely dangerous.  Work zones can hide hazards that you could otherwise avoid or place hazards in your path.  When the typical hazards present in chaotic construction zones in Mississippi are combined with inclement weather and drunk or distracted drivers the results can be catastrophic life-altering injuries.

Litigation of a Mississippi work zone accident can be complicated because it may involve multiple vehicles, several entities contracted to do work or a public entity that initiated the construction project.  There are special procedures involved when pursuing a car accident claim against a public entity and much shorter deadlines for initiating a claim.  The chaos and many potential parties that contribute to the typical construction accident can make the investigation and litigation strategy complex.  An experienced Mississippi construction zone accident law firm may pursue a claim against general contractors, sub-contractors or outside venders as well as other drivers or the public entity overseeing the project.  The experienced Mississippi construction zone accident attorneys at Barrett Law have been providing effective representation to Mississippi auto 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.

When drivers that have been drinking climb behind the wheel of their vehicle, the result can be devastating permanent injuries to innocent motorists in Mississippi drunk driving accidents.  While there have been many legal measures taken to reduce the number of drunk driving collisions, including zero tolerance policies for inexperienced teen drivers, mandatory minimum sentences for repeat DUI offenders, ignition interlock programs and other similar DUI prevention policies.  These measures have had limited impact on habitual DUI offenders.

The National Transportation Safety Board (NTSB) has published some enlightening information about habitual drunk drivers who cause drunk driving accidents.  The federal agency reports that drivers with a BAC over .15 percent or drivers with a DUI conviction within the last ten years were involved in more than 70 percent of all alcohol related driving fatalities.  Data from law enforcement sources is consistent with this finding because 33 percent of all drivers arrested for DUI are repeat offenders.

This data suggests that drunk driving is a problem largely tied to habitual drinkers who are less responsive to alcohol education programs.  A Center for Disease Control study found that the average driver arrested for DUI has driven while under the influence of alcohol 88 times before they are arrested.  This suggests that most drunk drivers who are actually arrested may be habitual drunk drivers who have been drinking and driving on a regular basis before their first DUI arrest.

When habitual drunk drivers operate a motor vehicle, they can cause serious motor vehicles collisions by failing to negotiate curves, running red lights or stop signs, failing to stop for pedestrians in crosswalks, falling asleep at the wheel and many other types of driver errors.  The NTSB has proposed a variety of guidelines that may reduce the number of drunk driving fatalities in Mississippi including the following:

  • Increasing the frequency of sobriety checkpoints on a statewide basis
  • Implementing programs designed to target drivers who continue driving after having their license suspended for DUI/DWI
  • Define a repeat offender as anyone that has been arrested for DUI within the last ten years
  • Impose harsher sentences and treatment options aimed at habitual drunk drivers

When you or someone you love is injured or a loved one dies in a collision caused by a habitual drunk driver, the experienced Mississippi drunk driving attorneys at Barrett Law are committed to holding those whose irresponsible conduct causes injury to others accountable for their conduct.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing effective representation to Mississippi tractor-trailer 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.

Most people that regularly travel the streets and highways of Mississippi recognize that using a cell phone to talk or text is dangerous but may not realize that this is only one of many causes of driver inattention that result in serious car accidents.  A study conducted by the Virginia Tech Transportation Institute revealed that a shocking eighty percent of all motor vehicle accidents are caused in part by lack of driver attention.  While there have been attempts to address the problem of driver inattention in recent years, the laws have tended to focus exclusively on cell phone use for calls and texting.  The reality is that there are many other forms of driver distraction that continue to go unnoticed.

It goes without saying that the prevalence of mobile phones and other portable electronic devices have substantially increased the scope of distracted driving, but there are many other causes of driving inattention:

  • Reaching for objects in a vehicle
  • Eating and drinking
  • Brushing or combing one’s hair
  • Putting on makeup
  • Reading a newspaper or book
  • Carrying on a conversation with someone in the vehicle

While this is hardly an exhaustive list, it demonstrates that there are many forms of driver distraction that have nothing to do with cell phones.  The most dangerous driver distraction according to the Virginia Tech study involves reaching for objects in one’s vehicle including swatting a fly, picking up a cell phone that has fallen or grabbing a coffee cup.  A driver who reaches for an object in the passenger compartment while driving is nine times more likely to cause an auto accident or a near miss.  The study revealed that looking at an object in one’s vehicle increased the risk of being involved in motor vehicle accident 3.7 times.  The act of dialing a number on a cell phone increased the risk of being involved in an accident three times, which is the same increase associated with putting on makeup.

While restrictions on the use of cell phones and portable electronic devices while driving are a step in the right direction, there are many types of driver distraction that continue to contribute to severe injuries in motor vehicle collisions.  When a driver does not focus their entire physical, mental and visual attention on the roadway and potential hazards, the risk of a serious Mississippi auto accident is unacceptably high.  Inattentive drivers may cause accidents in a variety of ways including:

  • Failing to notice an interruption in the flow of traffic
  • Delayed response time when braking or maneuvering around a traffic hazard
  • Running red lights and stop signs
  • Failing to navigate curves in the road
  • Colliding with pedestrians in crosswalks
  • Drifting out of one’s lane or off the roadway

These are just a few of the types of driver errors that may be caused by distracted drivers.  If you or a close family member is injured or a loved one dies in a distracted driving accident, you may have a right to compensation for your injuries or loss of companions, support and guidance of a loved one.  The experienced Mississippi motor vehicle accident attorneys at Barrett Law have been providing effective representation to Mississippi auto 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.

Although most Mississippi drivers know that driving in rainy weather is dangerous, drivers may be less likely to consider the impact of dense fog.  The reality is that some of the most horrific accidents in the U.S. have occurred during heavy fog with pileups of cars, trucks, SUVs, tractor-trailers and buses.  What distinguishes fog from other types of serious motor vehicle accidents is that the risk of being involved in a collision gets greater with the increase in the number of vehicles.  At Barrett Law, our experienced Mississippi multi-car pileup attorneys understand the extreme level of carnage and serious debilitating injuries that accompany multi-car pileups in heavy fog.

A multi-car accident in Florida this weekend serves as a sad reminder of the danger associated with driving in heavy fog conditions.  The multi-car accident caused by heavy fog and smoke resulted in accident related fatalities of ten vehicle occupants and injury to 38 others.  The wreckage and devastation from the multi-car pileup was so extensive that one witness said, “”[it] looked like someone was picking up cars and throwing them.”  Pictures of the carnage were described by media sources as resembling the aftermath of a Hollywood disaster movie.

This type of devastating accident which results in many vehicles colliding with each other in a chain reaction collision or multi-car pileup are most common in heavy fog conditions that severely limit visibility.  While it is prudent to drive slower or to get off the road until the fog clears, some motorists will barrel down the roadway as if there are no adverse driving conditions.  Visibility during the multi-car pileup this weekend was so bad that those on the scene could only hear the collisions rather than actually see them.

The pictures of the carnage included jackknifed big-rigs, vehicles crushed underneath tractor –trailers, vehicles burned all the way to their frame and similar images.  If you can avoid driving in foggy conditions, the results can be devastating.  Fog not only limits visibility but also makes it more difficult to perceive contrasts and impairs a driver’s perception.

Foggy conditions can compromise your driving in several ways.  When you drive in heavy fog, it can interfere with your ability to properly judge distance.  There is a natural tendency to perceive that blurry objects are a greater distance than those that are not blurry.  This can result in errors in judging the distance of a stationary object or moving vehicle.  Fog also makes it difficult to differentiate moving from stationary objects.

Mississippi motorists who fail to appreciate the hazards of driving in heavy fog may start horrific multi-car accidents, our experienced Mississippi bad weather attorneys at Barrett Law are committed to helping those injured by the careless driving obtain the financial compensation they need.  The experienced Mississippi bad weather car accident attorneys at Barrett Law have been providing aggressive representation to Mississippi car 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.