Study of Cell Phone Bans while Driving: The Surprising Results

Distracted driving is widely acknowledged to be a leading cause of serious car crashes.  Mississippi like many states has passed legislation to reduce the risk of distracted driving car accidents caused by cell phones.  Mississippi prohibits text messaging while driving among new drivers with a learner’s permit, intermediate or temporary license.  Many other states have far more extensive bans on cell phone use while driving including bans on texting for all drivers or hands free calling only limitations.

While it was generally presumed that such legislative efforts would reduce cell phone related car accidents.  These assumptions are now being called into question based on the results of a surprising new study indicating that current hands free cell phone laws have not been effective in preventing auto accidents caused by mobile phones.  According to the results of the study, bans on cell phone use and texting while driving also have not resulted in a reduced risk of car accidents.

The study revealed that cell phone bans have not had a significant impact on auto accident rates despite declines in cell phone use while driving.  While the study authors are not suggesting changing the laws designed to limit mobile phones while driving, they are suggesting that states without cell phone bans avoid enacting new laws until further research can be conducted regarding the relationship between mobile phone use while driving and car crash rates.

The results of the recent study confirm prior research suggesting that cell phone bans do not prevent distracted driving accidents.  A prior study conducted by the Highway Loss Data Institute looked at cell phone related car accidents prior to and following cell phone bans in California, Connecticut, the District of Columbia and New York.  The study also revealed that there was not a significant change in the fluctuation of auto accident rates before or after the ban in the states that enacted the bans or neighboring states without bans.

The researchers in both studies are puzzled by the results of the studies.  There is wide agreement that cell phone bans result in a sharp decline in cell phone use while driving.  It is also widely agreed that there is a strong correlation between cell phone use while driving and car accidents.  Some have speculated that the bans have not resulted in fewer auto accidents because drivers simply switch to hands free calling.  However, studies have indicated that there does not appear to be in any difference in accident rates in states with hands free cell phone use laws.

While the results of this study are somewhat confounding, distracted drivers cause many Mississippi car accidents.  The recent study also revealed that drivers are distracted as much as 50 percent of the time.  If you have been injured by a distracted driver in Mississippi, the experienced Mississippi car accident attorneys at Barrett Law Office offer a free no obligation initial consultation so call us today at  (662) 834-2376.

/0 Comments/by

Delayed Symptom Injuries in Mississippi Car Accidents

The tell-tale symptoms of car accident injuries sometimes are not that apparent at the time of your Mississippi car accident, which can lead you to believe you have “minor” injuries or that you are not injured at all. This can result in two negative outcomes. Your health can be in danger because you may suffer long-term damage that would not have occurred if your injuries were diagnosed promptly, and you can lose your ability to recover for damages from a responsible party.

When you are involved in a Mississippi car accident, it is important to seek medical attention no matter how minor you consider your injuries.  Soft tissue damage that results from trauma such as whiplash may not even make itself manifest until days or weeks later. This tissue damage can become a much more serious problem if not treated correctly. The inflammation that will set in due to such damage can cause swelling and muscle spasms that develops into soreness, stiffness, numbness, headaches and other physical manifestations.

Sometimes it can be more than just soft tissue that is damaged such as an injury to nerves or ligaments.  Most people don’t understand that these types of injuries take a long time to heal, and sometimes can produce scar tissue that will need to be manipulated by a specialist so that the injury does not heal this way impeding further movement later.  Treatment that is given for these injuries is often downplayed, or people are just given pain medications to mask the symptoms and provide pain relief.  These methods will not address the problem over the long-term and can end up causing future difficulties and pain.

Other types of injuries that can have delayed symptoms are head injuries, spinal injuries, and shoulder injuries.  A person does not have to be driving fast when they are in a Mississippi car accident to suffer these injuries either. Sometimes a car will not even be damaged, and it will be easy to brush the auto accident off as no big deal.  This can be a grave mistake. Seeking medical attention and awareness of what your body is doing in the subsequent hours after a Mississippi car accident is important.

Symptoms that victims of auto accident in Mississippi should be aware of include the following:

  • Headaches
  • Problems with your vision
  • Pain and inflammation
  • Numbness or tingling in body parts
  • Dizziness
  • Fatigue
  • Irritability

It is important to seek out the advice of an experienced Mississippi auto accident attorney if you think you have sustained injuries in a car accident anywhere in Mississippi.  Many insurance carriers dismiss the seriousness of injuries and take the position that an auto accident victim is either faking or exaggerating his or her injuries. Insurance adjusters love to use insulting phrases like “low impact” collision as they make inappropriate settlement offers far below the real value of an injury victim’s claim.

Our Mississippi auto accident law firm offers a free initial case evaluation so call us today at (662) 834-2376.

If you are injured or a loved one’s life is tragically taken in an Mississippi car accident, the Mississippi car accident lawyers at the Barrett Law Office work hard and give its best efforts to obtain the full value of our client’s claim as we have been doing for car accident victims throughout Mississippi since 1933.

/0 Comments/by

Mississippi Car Accidents Caused by Inadequate Lighting

A lack of proper lighting on roadways in many urban areas and heavily traveled freeways can be highly dangerous to navigate at night. Without adequate lighting, pedestrians and motorists would certainly face many more challenges sharing Mississippi roadways without injury or death occurring.

The purpose of roadway lighting is to promote the safe movement of drivers and pedestrians at night so as to avoid accidents. Vehicle lights often are inadequate for drivers to safely navigate their surroundings or provide sufficient aid in avoiding collisions.  When roadway lighting is proper, it enables motorists and pedestrians to see quickly, distinctly and with certainty all significant obstacles and the road alignment ahead.

Inadequate lighting can cause Mississippi auto accidents because drivers are unable to see blind curves, bad grading on roads, a lack of barriers in the center or on the sides of the road, steep shoulders and unlit intersections.  Poorly lit rural roads are the site of 60 percent of fatal accidents in our country.  Lighting that is used on roads can be broken down into 4 separate categories:

  • High-Mount Lighting: These fixtures are designed to illuminate the sidewalks and streets of an area and are normally about 20-30 feet tall.
  • Medium-Mount Lighting: These fixtures are designed to help illuminate sidewalks at even a closer level. They are normally about 8-15 feet tall.  They are usually decorative and fit in with the design of the local area.
  • Low-Mount Lighting: These fixtures are designed to caution people regarding a specific obstruction or potential hazard and illuminate areas of interest on the street.
  • Focal Point Lighting: These are fixtures that illuminate special points of interest. They light up works of art or billboards.

Inadequate lighting that is common in rural stretches of roadway can result in car accidents that cause catastrophic injury or wrongful death.  Despite a far lower volume of traffic in rural areas, these less traveled road typically have much higher auto accident rates in Mississippi and throughout the U.S.  These roads often have long dark stretches with virtually no lighting.  The lack of traffic and residential or commercial development can make these areas completely absent of lighting that permits drivers to navigate upcoming curves or obstructions in the roadway.  This complete lack of lighting also creates a substantial risk of trip and fall accidents for pedestrians.

If you or a loved one has been injured or killed in an accident that was due to inadequate lighting on the roadway, we invite you to call our Mississippi personal injury law office today.  Public entities may be responsible for a lack of proper lighting.  Our experienced Mississippi car accident lawyers conduct a thorough investigation of our clients’ Mississippi car accident cases to identify all possible negligent parties including other drivers, public entities and defective vehicle manufacturers.

Our origins fighting for the rights of Mississippi car accident victims were established in 1933.  If you or your loved ones have been injured in a Mississippi car accident or your loved one has been the victim of wrongful death, we offer a free case evaluation so call Barrett Law Office PLLC at 662-834-2376.

/0 Comments/by

Do I Really Need a Mississippi Car Accident Attorney?

Most people are completely unprepared when they are involved in a car accident in Mississippi.  This is unfortunate because the actions that you take immediately following a Mississippi auto accident can have a significant impact on the likelihood of pursuing a successful personal injury claim as well as the amount that you recover for your injuries.  While it is not always essential that you have an attorney handle your Mississippi auto accident claim, it is important that you obtain legal advice from an experienced Mississippi car accident lawyer.

It is also important that you seek medical treatment and evaluation if you suffer even minor injuries.  Minor symptoms are frequently a sign of serious injuries that only become completely apparent much later.  Even though you may not need to retain an attorney for some car accidents, it is critical to obtain legal advice during a free initial consultation before making this determination.  Some of the factors that may be relevant in dictating whether you need an attorney include:

  • If the other driver was cited and paid the ticket (i.e. how clear is liability)
  • If you have a property damage claim for your car only
  • If you sustain very minor injuries as confirmed by a physician
  • If you don’t mind doing paperwork and working directly with insurance companies
  • If your case is uncomplicated
  • If your educated about your rights when it comes to insurance claims

When your accident involves serious injuries or the fault of the accident is in doubt, then it is very risky to proceed without an experienced Mississippi car accident lawyer.  It is rarely if ever the case that a person will recover more dealing directly with the insurance company directly.  Insurance companies make money by paying as little as possible on auto accident claims or by denying claims entirely.  They handle a myriad of car accident claims everyday and have teams of accident experts and attorneys so you are at a distinct disadvantage dealing directly with insurance companies.

A person can damage their claim by disclosing the wrong information to an insurance adjuster.  It is always advisable to let an attorney who can distinguish helpful from damaging information negotiate with insurance carriers.  Sometimes insurance company may request that you sign papers or that you provide a recorded statement.  You should never agree to sign anything or provide a statement to the insurance company without seeking legal advice.  This statement is for the sole purpose of gathering evidence to deny or minimize the value of your claim.

An additional benefit to retaining a Mississippi car accident attorney is that our law firm may be able to reach a settlement with the other party without the hassle of going to court.  Because insurance companies know that they have a huge advantage when dealing with someone who is not represented by counsel, they are much less likely to offer a fair settlement if you do not have an attorney.  While the insurance company may offer to settle the case, the offer will typically be for far less than the value of the claim.

When assessing the cost of retaining a Mississippi car accident lawyer, it is also important to assess the likelihood of recovering substantially less on your claim.  The average layperson has no idea how to assess the value of non-pecuniary damages like pain and suffering.  A common tactic used by insurance companies when processing a claim by a party without an attorney is to delay the process.  The insurance company may ask you to provide additional unnecessary information or offer a lowball settlement simply to drag out the process.  The insurance company understands that the longer the claim is pending the greater your medical bills and lost wages if you are off work.  Many times those who are not represented by an attorney following a car accident in Mississippi end up settling out of financial desperation because their personal bills and medical expenses are mounting with little progress toward a fair settlement.

If you are seriously injured, then you are going to need to devote your time and energy to your recovery rather than running around trying to resolve legal matters and fighting with insurance companies.  Our experienced Mississippi car accident lawyers can handle your insurance and legal issues so that you can focus on your recovery.  If you are involved in a car accident anywhere in Mississippi, we invite you to contact the auto accident attorneys at the Barrett Law Office PLLC to learn how we can help.

We have seen the consequences when victims come to us after settling with an insurance company only to realize they have serious injuries that were not apparent at the time of settlement.  We have also seen the negative consequences of speaking to the insurance company and waiting too long to contact us so that valuable evidence disappears and the insurance company uses these statements to avoid or mitigate damages.  You have nothing to lose by coming to see us for a free consultation and everything to gain so call us today at (662) 834-2376.

/0 Comments/by

Passenger Liability for a Mississippi Auto Accident

There are situations where creative legal theories are necessary because of a lack of insurance or ability to recover against a party that is responsible for a car accident.  What few people realize is that sometimes a passenger in the vehicle operated by the negligent driver may also be liable for an accident.  This is important in cases where the driver is uninsured or underinsured.  While you may be able to take advantage of uninsured/underinsured motorist coverage in such situations, you may alternatively be able to seek recovery against the vehicle passenger.  A passenger is not liable simply because the passenger is in the vehicle with a negligent driver or that they share a common goal such as a leisure outing.  There must be either specific conduct by the passenger that contributed to the accident or one of the following situations:

  • Agency Relationship: This may arise where the passenger owns the vehicle and asks the driver to take the passenger to a destination.  Another situation where there might be liability based on an agency relationship is where the passenger instructs the driver to take certain risks like speed, and the driver has been engaged to transport the passenger.
  • Employment Relationship: If the driver is actually the employee of the passenger, the employer may be liable based on the doctrine of respondeat superior (literally “let the employer answer”).  An employer may be liable for negligence of an employee if an accident occurs in the scope of employment.  If the trip was in anyway business related, the passenger (employer) may be liable.
  • Vehicle Owner: If the passenger of the vehicle also owns the vehicle and lets the driver operate the vehicle when the passenger knows or should know that the driver is either to immature or an otherwise unsafe driver, the passenger may be liable based on negligent entrustment.

A passenger may be liable when a relationship like one of those described above exists or the passenger engages in activity that actually contributes to the accident.  Examples of conduct where a driver may be negligent might include encouraging the driver to drink and drive, telling the driver that is safe to back up when it is not safe and distracting the driver from concentrating on the roadway or obstructed the driver’s view.

While the driver is usually the liable party, this is an example of how a Mississippi auto accident attorney may have to be especially diligent in identifying other responsible parties if the driver does not have insurance or is underinsured.  At the Barrett Law PLLC, our experienced auto accident attorneys have been helping auto accident victims seek compensation for personal injury and wrongful death with roots dating back 75 years.  We offer a free initial case evaluation so contact us today at 662-834-2376.  No Recovery No Fee!

/0 Comments/by

Preventing Auto Accidents Involving Elderly Drivers in Mississippi

The U.S. Census Bureau is predicting that by the year 2030 there will be 9.6 million people in our country that are over the age of 85.  When it comes to the elderly and driving, this figure is a little daunting because according to a study done by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, fatality rates for drivers begin to increase substantially after the age of 65.  The figures are consistent with the numbers for teenage drivers with about 3 deaths per 100 million occurring between the ages of 75 to 84 and for drivers 85 and older, the fatality rate is about four times higher than that of teenagers.

What Are States Doing to Address the Issue of Car Accidents Involving the Elderly?

These kind of figures and a looming sense of concern for the future has led states across the nation to consider how to better evaluate older drivers to see if they are still safe and competent enough to drive.  As far back as 1995, a study published in the Journal of the American Medical Association indicated that the only scientifically sound method for lowering the fatality rate among senior drivers was to make it mandatory for them to show up at their local Department of Motor Vehicles (DMV) office and renew their driver’s license in person.

Currently, there are only two states – Illinois and New Hampshire – that actually require that older drivers pass a road test.  Most states still do not require senior drivers to renew their licenses in person.  This prevents most states from genuinely assessing an elderly person’s current physical abilities or mental prowess as they relate to driving ability. If an elderly driver’s physical or mental driving skills have diminished over time, there is no system in place to prevent a driver with age impaired driving skills from driving and putting their safety or the safety of others at risk.

There was an incident a few years back where a 90 year old woman backed out of her driveway and displayed an inability to operate her vehicle as soon as she got behind the wheel.  According to her neighbor, she backed over her lawn and the curb before hitting the gas instead of the brake and slamming into another curb behind her.  She drove off oblivious to the havoc she had caused and continued on down the street.  Tragically, she ended up running a red light down the street and ran down a 17 year old girl on her way to school.  The teenager died from her injuries a few days later.  This is an example of someone who could have been identified as someone who was no longer a safe driver with even a minimal screening system.

While there has been a huge focus on teenage driving and how to address that issue, the issue of incompetent elderly drivers in Mississippi has received much less attention.  It is a natural part of the aging process that a person’s reflexes, vision, flexibility and concentration can decline. Some elderly people also take medications that can affect their driving abilities.  It is certainly the case that many senior drivers are excellent drivers, but we risk a growing number of serious auto accidents involving elderly drivers if steps are not taken to identify those senior drivers that should no longer be driving.

Cognitive Impairment

Vision tests do not give a qualitative assessment of a person’s diminished physical capacity and cognitive awareness, but this is all that is being required of older drivers in many cases.  Cognitive impairment refers to a decline in one or all of the following areas: attention, orientation, judgement, short-term memory and visual-spatial skills.  When someone experiences more than one of these conditions, then it is usually referred to as dementia. About 4 percent of current drivers over the age of 75 years of age have dementia according to the Journal of the American Medical Association.

One solution to the problem of preventing Mississippi auto accidents caused by elderly drivers would be to have an senior driver go to an occupational therapist to obtain a comprehensive driver evaluation.  This usually entails an evaluation that would include vision tests, memory tests, cognitive function tests and a road test. The therapist could then recommend that the driver be allowed to continue driving, drive with limitations, update their driving skills or retire from driving. A physician could also conduct a medical exam to help determine whether or not a person is still fit to drive.  While there are costs and other logistical challenges in imposing mental and physical evaluations on senior drivers, there are ways that the roads could be made safer by employing these types of strategies.

Mississippi Car Accident Lawyers

The statistics are frightening and innocent people can get injured or killed by elderly drivers who are still on the road driving even after their mental and physical abilities have declined.  It is also unfair to senior drivers that do not realize their driving skills have declined because they also are placed in danger.  If you or a loved one has been injured or there has been a wrongful death resulting from a Mississippi car accident involving an elderly driver, the Mississippi car accident lawyers at Barrett Law, PLLC may be able to help you obtain compensation for your injuries or loss.  Barrett Law, PLLC represents car accident victims throughout Mississippi and has roots that reach back 75 years.  We have helped thousands of people just like you so call us today at (662) 834-2376.

/0 Comments/by

Evidence of Prior Near Miss Accidents in Mississippi Personal Injury Lawsuits

Many times in a Mississippi personal injury case involving a motor vehicle accident, the most compelling potential evidence involves prior accident or near misses.  These prior near misses or actual accidents can be compelling because they can provide evidence of both the danger associated with a location of an accident and the defendant’s knowledge of this potential hazard.  Because Mississippi courts recognize the potential power of such evidence, it may only be used in limited situations where the past accident or near miss is substantially similar to the motor vehicle accident that is at issue in the pending Mississippi personal injury or wrongful death lawsuit.

A skilled and experienced personal injury attorney will typically conduct a detailed investigation to search for past accidents and then build as compelling a case as is possible for the admissibility of that past accident or near miss.  The case of Irby v. Travis, 935 So. 2d 884 (Miss. 2006) provides a primer on how Mississippi courts analyze the issue of the similarity between a past near miss and an accident that is the subject of a pending Mississippi personal injury lawsuit.

In the Irby case in Holmes County, the defendants were a railroad and its locomotive engineer who were sued for wrongful death following a train’s collision with the deceased car.  The appellate court reversed the trial court’s admission into evidence of a prior near miss accident at the railroad crossing because it was not substantially similar to the accident in the train accident victim’s wrongful death lawsuit.  The court specifically relied on the following factual distinctions:

(1)     the accidents involved trains traveling in different directions;

(2)     after the 1994 incident and before the accident in this lawsuit, there had been extensive tree-cutting;

(3)      the driver in the 1994 accident drove up on the tracks at the crossing without stopping, while the deceased in the pending case drove up to the tracks, stopped, backed up and stopped to allow a farm tractor to cross the tracks, and then drove up on the tracks;

(4)     the 1994 incident occurred in September while the incident in the pending lawsuit occurred in May; and

(5)     the 1994 incident occurred in the late afternoon while the accident at issue occurred in the late morning.

When one looks at this list of factual distinctions that influenced the court, it should be clear that courts are extremely cautious about admitting this type of evidence.  One might wonder why the accidents occurring in different months or occurring in the morning as opposed to the afternoon is relevant.  However, this shows how difficult it can be to persuade a court to admit the potential damning evidence of prior near miss accidents.

There are cases where evidence of near accidents may be admissible for the purpose of showing the dangerous character of a place and to show notice thereof to the person in control. Miss. R. Evid. 401, 402.  On the other hand, the fact of a near miss or a past collision, in and of itself, proves very little and may be quite prejudicial. Miss. R. Evid. 403.  The fact that an accident almost occurs at a particular location does not necessarily imply any fault or neglect on the part of the person in control of the premises. Therefore, the fact that there were near misses does not necessarily prove negligence.  As was the case here, a near miss does not really prove negligence, even though a subsequent serious accident occurs.

The bottom line is that courts have many rules that exclude evidence that an ordinary person would consider the most compelling evidence of fault.  Experienced Mississippi personal injury attorneys understand these evidentiary standards and the best strategies for persuading a court to consider such evidence.  Although the Irby, case involved a train collision with a car, the principle applies equally to SUV accidents, tractor-trailer collisions, bicycle accidents, motorcycle crashes and even pedestrian accidents.

If you or a close family member has been the victim of a motor vehicle accident anywhere in Mississippi, the legal team at Barrett Law PLLC have roots that extend back over 75 years assisting motor vehicle accident victims who are injured by the negligence of others.  We are committed to helping accident victims improve the quality of their lives and helping prevent future auto accidents in Mississippi so call our offices today at 662-834-2376.

/0 Comments/by

Comparative Negligence for Assuming Compliance with the Rules of the Road

An interesting question arises in accidents wherein Mississippi car accident victims assume that the other driver will obey the rules of the road (i.e. comply with right of way laws), but the other driver fails to do so which results in a serious auto accident.   Because Mississippi follows the legal doctrine of comparative negligence in auto accident cases, the question arises whether a driver is negligent for not anticipating a violation of the rules of the road by the other driver.  The consequence of the answer to this inquiry makes it very important.  An interesting issue comes up in a fair number of Mississippi motor vehicle accidents.

Comparative negligence is essentially the failure of an accident victim to exercise the ordinary care of a reasonable person to prevent injury to oneself.  If a Mississippi car accident victim is found to be partially at-fault in contributing to one’s own injuries, the damages awarded for the car accident victim’s injuries may be reduced by the victim’s percentage of fault.  If an auto accident victim were 40 percent at fault in an auto accident then a $100,000 damage award would be reduced to $60,000.  Because the original damage award was the true assessment of the victim’s injuries, such a reduction can mean very harsh results.  A practical example of how the legal principle of comparative negligence is affected by a failure to anticipate violations of Mississippi’s rules of the road is provided by the Mississippi case of Busick v. St. John, 856 So. 2d 304 (Miss. 2003).

In Busick, the injured auto accident victim filed a personal injury lawsuit contending the other driver was negligent in operating her vehicle, which caused a parking lot collision. A jury in Rankin County, Mississippi, found that the defendant’s driving conduct was not the cause of the injured victim’s serious spinal injury so the injury victim recovered no compensation and appealed the unfavorable verdict.

The evidence established that the injury victim was driving along the side drive of a parking lot. The other driver was stopped at a row of bushes that cut her visibility as she was exited the parking lot.  The defendant inched forward but stopped when she saw the injured person’s vehicle coming.  The injured person admitted she continued to travel 300 feet, making no attempt to stop before the collision.  The court considered the issue of the injury victim’s reliance on right of way rules (i.e. the rules of the road).  The court held that the rules of the road did not apply because the accident occurred on private property so ordinary negligence rules applied.

However, the law in Mississippi provides that a driver having the right of way may assume that the driver of the other car will stop his car before entering an intersection, but this general rule has limitations.  While a motorist has a right to assume that the driver of a vehicle proceeding toward an intersection will obey right of way rules, this right exists only until the accident victim knows, or in the exercise of ordinary care, should know otherwise.  While the driver in the Busick case had a right to presume that the driver exiting the parking lot would obey the rules of the road, once it was obvious that the driver was violating right of way, the court found the injury victim had an obligation to take reasonable precautions for the victim’s own safety.  The tragedy of this case is that the victim suffered a serious spinal injury but recovered nothing because of the victim’s degree of fault in the accident.

If you or someone close to you suffers a serious injury or wrongful death in a Mississippi car accident, the insurance company will often look for grounds to assert that you are partially at-fault for your own injuries.  This can have a devastating impact on your ability to pay medical bills or compensate for past and future lost income.  It can even result in an accident victim receiving no compensation for one’s injuries as in Busick depending on one’s degree of fault.

The experienced Mississippi car accident attorneys at Barrett Law, PLLC are very familiar with insurance company defense strategies including blaming the victim.  We carefully investigate the facts of our client’s cases so that we can build the evidence needed to assign liability and fault to the party responsible for our client’s injuries.  If you have been injured or have lost a loved one in a serious motor vehicle accident in Mississippi, the attorneys at Barrett Law, PLLC may be able to help so call us today at (662) 834-2376.

/0 Comments/by

Seatbelts & Car Seat Use Essential to Keep Children Safe in Mississippi Auto Accidents

Motor vehicles accidents remain the leading cause of death for those between the ages of 5-34, and over 2.3 million people are treated in emergency rooms each year in car collisions according the Center for Disease Control and Prevention.  Great strides have been made to make motor vehicles safer, but seatbelts and car seats remain the leading safety feature to keep kids safe in accidents involving motor vehicles.  Though many vehicles are adding more airbag protection, airbags are intended to provide supplemental protection to seatbelts or car seats in the event of a Mississippi car accident.  However, many children are left exposed because they do not use seatbelts or car seats or in the case of children in car seats, they are able to unbuckle the car seat.

Seat belts and car seats only provide protection if vehicle occupants use them.  There is a growing body of evidence that many children, toddler and infants are not receiving the benefit of the protection of seat belts and car seats.  A recent study has revealed that many car seats can be unfastened by small children leaving children unprotected.  A team of researchers from the department of pediatrics at Yale School of Medicine conducted a study involving 378 parents.  The study revealed that over half of the parents in the study revealed that they had a child that had been able to unfasten their car seat.  Even more alarming, 75 percent of the children who were able to unfasten their child restraint system were children age 3 or under.  Children as young as a years old were able to unbuckle their car seat.

Researchers point out that because there is a significant difference in the speed of development in children’s motor skills and cognitive skills, young children may develop the ability to unfasten their car seat buckle before understanding the safety function provided by a child safety restraint system in a car accident.  Auto accidents remain the leading cause of death for children age 4-8.  This feature which affects many car seats is an issue that has received little discussion but may represent the most significant car seat defect.  A child whose car seat is not buckled faces a high risk of suffering catastrophic injuries and wrongful death in a serious auto collision when traveling on Mississippi roadways.

Older children who are not buckled up in seat belts also are highly likely to suffer serious injury in a Mississippi car crash.  Over 55 percent of those killed in car accidents are not wearing seat belts.  Seat belts are credited with saving the lives of 13,000 people in 2008 and over 75,000 people during a recent 4 year period.  While mandatory seat belt laws have improved these statistics, many children and teenagers still do not consistently buckle up.  Parents are well advised to instill an expectation in their children from an early age that a child must buckle up every time.  A child who grows up with the expectation that a car does not move until everyone is buckled up is more likely to continue to do so when the child travels in other people’s vehicles or when becoming old enough to drive.

If you or your child have suffered serious injury in a motor vehicle accident anywhere in Mississippi, the experienced law firm of Barrett Law PLLC provides compassionate and dedicated legal representation to auto accident victims throughout Mississippi. A Mississippi auto accident attorney from our firm can provide a free initial case evaluation so contact us today to see how we can help at (662) 834-2376.

/0 Comments/by

Mississippi Accident Lawyers Stress The Importance of Preparing For a Car Accident in Mississippi

Would you know what to do if you were involved in a Mississippi car accident?  Many people have never been in a serious car accident and would prefer not to consider the possibility.  However, a driver who ignores the possibility of being involved in a serious motor vehicle accident has a false sense of security.  Even if you do everything perfectly and exercise extreme caution whenever you are behind the wheel, you can still be involved in a serious car accident resulting from another person or entities negligence.

Some common causes of automobile accidents in Mississippi include reckless driving, speeding, DUI, talking or texting on a cell phone, mechanical defects, road conditions and adverse weather.  Although a conscientious and responsible driver can reduce his or her risk of being involved in a serious car accident, there are circumstances beyond one’s control that can result in serious injury in an auto accident.  If you are prepared for a car accident, it can have a significant impact on your ability to obtain compensation for your injuries.  We have provided some basic guidelines for being prepared for a Mississippi car accident, which can help you protect your right to compensation if you suffer serious injury or lose a loved one.

Three Things Every Driver Should Keep in Their Car at All Times

  • Disposable Camera: This very inexpensive item can be invaluable if you are involved in a car accident.  It can be used to take pictures that may preserve critical evidence regarding the accident scene, damage to the vehicles, the surrounding area and any visible signs of injury.  It is advisable to take pictures from every conceivable angle because this will help an accident reconstruction expert understand and explain the cause of the accident as well as determine potential liable parties.
  • Notepad:  If you are involved in an accident, you should take notes on information provided by witnesses and record the insurance information from the other driver.  It is also important to take notes on your recollection regarding how the accident occurred.  Many people are shaken and emotional immediately following a car accident so it can be hard to remember the details later if you do not take notes.
  • Insurance information: You will need to provide this to the police as proof of insurance and to the other driver when exchanging information following a serious car accident.  It is important to ensure that this information is current and your insurance policy has not lapsed.  If you are involved in a serious car accident and do not have insurance in place, it can have serious adverse consequences if you are involved in a motor vehicle accident.

If you are suddenly involved in a car accident you should immediately take the following steps:

  • Immediately call 911
  • Check to see if anyone is injured and assist where possible
  • Exchange information with the other driver including name, address, telephone number and name of insurance company
  • Cooperate with the police
  • Talk to witnesses and write down their names and addresses along with any information concerning the accident while it is still fresh in the witness memory
  • Do not make any statements admitting liability or responsibility
  • Call your insurance company and give them a detailed report
  • See a doctor even if you feel like you are uninjured as not all car injuries are apparent right away
  • Get a copy of the police report

After the accident has taken place and you have received the police report, you should contact an experienced Mississippi accident attorney.  The initial consultation will not cost you anything, and the information you will receive will be priceless, especially if you suffered injuries.  An experienced Mississippi car accident attorney will gather and preserve evidence and deal with any insurance companies.  Insurance companies will do their best to get you to settle quickly without the assistance of an attorney.  This will only benefit the insurance company and not you because it will typically mean settling an auto accident injury claim before you are aware of the full extent of your injuries or have obtained legal advice.  If you have been seriously injured or have lost a loved one in a Mississippi car accident, you should call our Mississippi accident lawyers.

Barrett Law, PLLC will take every step possible to help you obtain maximum recovery as compensation for your lost wages, medical expenses, pain and suffering, diminished enjoyment of life and other damages resulting from the Mississippi car accident.  You have the right to receive the proper compensation and benefits you deserve. We have been representing those throughout Mississippi involved in car accidents for over 75 years so contact us immediately at (662) 834-2376 to learn how we can help.

/0 Comments/by