Understanding Mississippi Wrongful Death Actions

There are few challenges in life more trying or heartbreaking than losing someone you love in a tragic accident. When you lose your child, a parent or someone else that you love, it is likely that you will be overcome with emotions including anxiety, frustration, sadness and even anger. Although it is never easy to learn that someone you love has died in a tragic accident, it is even harder to come to terms with the loss of someone you love when it is caused by the wrongful conduct of a third-party whether intentional, reckless or negligent.  In the wake of a fatal tragic accident involving a loved one, few people have the emotional strength to face the aggravation of dealing with legal challenges or uncooperative insurance adjusters.

At Barrett Law, our experienced and compassionate team of Mississippi wrongful death attorneys represents the families of fatal accidents with compassion, competence and dedication to obtaining the best possible outcome for our clients. We know that no some of money will restore the love of a family member that has been lost or ease the pain associated with knowing you will never hold the person in your arms again.  However, pragmatic real-world problems accompany the deep emotional challenges of losing a close family member.  If a loved one who has been lost was the primary breadwinner in the family, you may be facing a mountain of household and medical bills with no realistic way to cover these mounting expenses.  A wrongful death lawsuit can serve a number of functions for family members that have lost someone they love by providing closure, punishing the wrongdoer, discouraging such behavior in the future and providing a financial foundation to secure the future of your family.

If you lose a loved one in a tragic incident involving a third party, you may initiate a claim for wrongful death if you are spouse, parent or child.  The extent of the misconduct by the person who causes the death of someone you love will determine the scope of recoverable damages.  In incidents that are based on reckless or intentional misconduct, the court may even award punitive (exemplary) damages.  This type of damage is designed to address conduct that is particularly offensive and objectionable both to punish the wrongdoer and to discourage future similar bad acts.  An example of reckless conduct that might justify an award of punitive damages would be a driver who causes a fatal drunk driving collision.  Any intentional act that causes a wrongful death will usually support punitive damages against the wrongdoer with an example being someone who commits a violent crime resulting in a fatality.

Our Mississippi wrongful death lawyers at Barrett Law have represented clients in a wide range of wrongful death lawsuits and have obtained substantial settlements and verdicts for our clients, which have allowed them to provide for their financial future following the death of a family breadwinner.  Examples of the types of Mississippi wrongful death accidents that our personal injury law firm handles include the following:

  • Fatal trucking accidents
  • Head-on vehicle collisions
  • Motorcycle accidents (particularly involving head injuries).
  • SUV rollovers
  • Bicyclists struck by motor vehicle drivers
  • Run off the road accidents
  • Fatal side effects from defective products
  • Pedestrian vehicle collisions
  • Construction site accidents
  • Slip and fall accidents  (trip and falls)
  • Industrial accidents including explosions and fires
  • Deaths from occupational illnesses (mesothelioma)
  • Vehicle crashes involving buses
  • 15 passenger vans involved in rollover accidents
  • Falls from ladders and other elevations

Wrongful death lawsuits typically involve two separate but closely connected types of legal claims. One of these types of claims is the actual “wrongful death” claim. This claim is intended to compensate specific family members for the losses and injury they personally suffer as a result of the loss of someone they love. The compensation that may be available to an immediate family member based on this type of claim may include:

  • Emotional pain and suffering associated with losing someone you love
  • Diminished financial support from the family member who died
  • A child’s loses of the guidance of a parent
  • A spouse’s loss of companionship and services

While the wrongful death claim is intended to compensate surviving family members for their personal loss or injury, the other claim typically asserted in a wrongful death lawsuit is called a survival action.  A survival action is brought on behalf of the estate of the person who has died to assert the right to damages that the person who was fatally injured would have been able to assert had they survived the accident.  In other words, the person bringing this action steps into the shoes of the person who suffered wrongful death.  The damages that may be awarded for a survival claim include the following:

  • Any lost salary or income, including future lost earnings.
  • Expenses associated with burial for funeral
  • Hospital bills and other medical expenses.
  • Compensation for pain and suffering from the time of injury to the time of death (this type of damages are not available if an accident causes immediate death)

The attorneys at our Mississippi wrongful death law firm understand that a wrongful death lawsuit is brought on behalf of a beloved family member that has had their life tragically cut short because of the unsafe or violent act of another.  We also recognize that family members are typically overcome with grief when they lose someone they love, and the aggravation or frustration of poor communication and unreturned phone calls may only add to your anxiety and frustration.  This is why we are committed to keeping our clients informed regarding the status of their wrongful death lawsuit during the entire process.  At the Barrett Law Offices PLLC, our experienced Mississippi wrongful death lawyers represent wrongful death victims and their families 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.

 

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Backing Out of Your Driveway Is More Dangerous than You Might Think

It is not unusual in Mississippi suburban communities to see a parent crossing the street as they hold their child’s hand.  This is not only predictable, but also an effective way to guard one’s child from an inattentive, drug or alcohol impaired or otherwise indifferent driver.  Ironically, parents often do not show the same level of attention and care when their children are playing near the driveway of their residence. While most people believe that the majority of children are hit by motor vehicles while crossing the street, a substantial number of children are injured every year by people backing out of a driveway.  There more than 220 fatal back over accidents per year, and there are another 14,000 people being injured by vehicles backing out of a driveway.  Our Mississippi driveway accident attorneys at Barrett Law understand the devastating emotional toll of having a child injured in a driveway back over accident as well as the enormous financial cost that may accompany serious catastrophic injuries.

Tragically, small children are the most common victims of driveway back over accidents. Because is not possible to see small objects immediately behind a vehicle, it is essential when backing out of the driveway that a driver physically walk behind the vehicle and check to make sure there are no children, pets or other obstacles present. This simple practice could prevent most, if not all, back over accidents in Mississippi driveways.  However, motorists are typically in a hurry to get to work, take their children to school or get home to deal with daily chores.  This urgency to get to one’s destination often means that drivers do not check behind their vehicle to determine if it is safe to back out of a driveway or parking lot. The problem associated with back up accidents has increased with the growing popularity of SUVs and pickup trucks with lift kits. The higher a vehicle sits off the ground the greater the area of the blind spot behind the vehicle.

New innovations in vehicle safety technology offer promise in reducing the number of these serious and fatal Mississippi backing up car crashes. Some collision warning systems sound an alarm to alert a driver that it is not safe to back up.   Other versions of this warning system provide an alarm to those who are potentially behind the vehicle designed to alert a pedestrian that the vehicle is about to move in reverse.  While our Mississippi car accident lawyers commend these safety improvements, they are still a rare option on many vehicles. While eventually these may become standard features, it is essential that for now anyone backing out of the driveway be alert regarding the location of their children or other children in the neighborhood and check behind their vehicle before backing out of the driveway.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent personal 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.

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What to Do When You Are In a Collision in a Rental Car and Declined Optional Insurance Coverage

As the school year winds down and the weather heats up, many people throughout Mississippi are making plans to go on vacation.  If you are planning to travel out of state by plane, there is a good chance that you may need to rent a car, truck or SUV.  Rental car leasing agents at all of the major car rental companies, including Hertz, Budget, Enterprise, Avis, Dollar or Alamo will likely encourage you to purchase optional liability insurance.  Given the tough economy many people presume that the odds against be involved in a car accident while on vacation are minimal and pass on the insurance.

Unfortunately, there are far more people than you imagine that are in serious car accidents while traveling.  Traveling in Mississippi can create a perfect storm that leads to a collision because you are driving a car that you are not used to on streets that you have never traveled on.  When a car accident occurs while you are driving a car, truck or SUV from a rental agency, you may have many questions about your ability to be compensated for your injuries and how the cost of the vehicle damage will be covered.  Many people that find themselves in this situation feel a sense of dread remembering the dire warning that they received from the car rental agent about the risks of not taking the optional insurance.

However, there are many sources of insurance that may cover your loss if you are involved in an auto collision in a rental car while visiting Mississippi.  If you did pay the premium for the liability insurance offered by the rental agency, you might be able to pursue a claim against the provider of that insurance coverage for your injuries and loss.  This insurance may also provide the source of funds to repair the vehicle.

Even if you opted out of the insurance offered by the car rental company, you may still be able to seek compensation for your injuries from a wide array of other sources, including the other driver’s insurance, your own insurance and other sources.  If the other driver was negligent because the driver was speeding or ran a red light, you may be able to pursue a personal injury claim seeking damages for pain and suffering, medical expenses, lost past and future earnings and diminished quality of life.  If the other driver was not covered by insurance or had minimal coverage so that not all of your losses are covered, we may be able to assist you in pursuing a claim against your own uninsured/underinsured motorist coverage.

Even if none of these sources are available to obtain compensation for injuries, there may still be other options.  If the vehicle is defective, you may be able to seek compensation from the vehicle manufacturer or the rental car company if the agency failed to repair a known defect.  Other options may include a public entity that failed to provide a safe roadway or a vehicle owner that entrusted his or her vehicle to an inexperienced or incompetent driver.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent personal 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.

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Can Technology Eliminate Mississippi Car Accidents?

Technology is a mixed blessing when it comes to motor vehicle safety.  Certain technological advances cause more accidents by increasing driving distractions, such as mobile phones, dashboard mounted DVD players, iPads and other types of electronic gadgets.  Other types of technological innovations often make drivers safer, including new airbags, crash avoidance systems and other safety innovations.

An interesting issue is posed by an article in the USA Today this week offering insight from vehicle designers on what cars will look like in 2030.  Those interviewed discussed vehicles already in production and designs that will be available by 2030.  These innovations included self-driving vehicles that allows you a passenger to text or talk on the phone as the vehicle navigates the streets of Mississippi.  The notion that a car can safely drive without the input or attention of a driver seems a little disconcerting and unrealistic.

While this may sound like science fiction, vehicle designers and manufactures insist this is what the not too distant future holds.  Details about driving in the future include not only vehicles that operate themselves but also vehicles that “talk” to each other and communicate with the roadway.  This vision presumes that auto collisions will become almost non-existent because vehicles communicating with each other and computers at intersections and other strategic locations will use GPS tracking and crash avoidance technology so that stop signs and traffic lights are unnecessary.  Human error by drivers will be eliminated as a cause of car accidents.

Although this is a very appealing idea, it is hard to imagine that Mississippi car accidents will disappear.  However, this technology would likely remove negligent drivers as a cause of Mississippi car accidents in most cases.  Presumably, these complex systems may have defects or malfunctions that would shift liability to those who manufacture and maintain the vehicles and communication technology, as well as public entities that employ the technology for use in intersections and other areas of the roadway.  Product liability law would likely become relevant in a far higher number of car accident claims than it is currently.  Vehicle owner liability also might be based on failure to get properly service and repair one’s vehicle instead of negligent driving.

It is doubtful that even the most advanced vehicle and roadway technology can eliminate car accidents because human error will always be involved in causing collisions though the types of human error may change.  However, the concept of getting drunk, drugged, inattentive, reckless and speeding drivers out from behind the wheel is a prospect worth embracing.  At Barrett Law, 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.

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Passengers Can Recover Against a Driver for Mississippi Single Vehicle Road Departure Accidents

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A tragic single vehicle crash that resulted in the death of two passengers in George County provides an example of how accidents involving single vehicle road departure collisions can create a claim against the driver by passengers of a motor vehicle.  Media reports indicate that the vehicle ran off the road and rolled over several times.  Two passengers in the vehicle died at the scene of the accident while two more were injured.  While the cause of the single car accident was unclear the families of the two passengers that died may have a claim for wrongful death against the driver.  The passengers that were injured may also have a personal injury claim against the driver.

When passengers in a vehicle are injured by the negligence of the driver of the vehicle in which they are traveling, the driver may be liable if the vehicle left the roadway because of negligent driving.  While roadway departure accidents are commonly caused by driver negligence, defective tires and poorly designed roadways can also contribute to Mississippi road departure accidents.  Forms of driver negligence that may cause dangerous road departure collisions include:

  • Driver inattention which results in the vehicle drifting out of the roadway
  • Tired drivers that fall asleep at the wheel
  • Alcohol or drug impaired drivers that lack the coordination or perception to keep the vehicle on the roadway
  • Driving too fast to negotiate turns or curves
  • Failing to adjust ones driving to wet or icy roadways

Road departure accidents are among the most deadly types of crashes.  As in the George County collision, vehicles that leave the roadway and end up on uneven terrain frequently rollover.  Once a vehicle rolls over, the risk of catastrophic injury and wrongful death is extremely high because vehicle occupants are often ejected from the vehicle or crushed when the roof of the vehicle collapses.  Road departure accidents also are extremely dangerous because they may result in the vehicle falling off of the side of elevations.

Many Mississippi drivers do not realize that roadway departure accidents are extremely common.  These fatal forms of vehicle collisions account for over half all motor vehicle accidents.  In a recent year, roadway departure accidents accounted for more than 16,000 collisions and in excess of 18,000 car accident fatalities.  Despite this high number of road departure fatalities, there are counter-measures that public entities can install to reduce the risk of such collisions, including but not limited to the following:

  • Concrete barriers and guardrails
  • Road surfaces with a high degree of road friction
  • Rumble strips to warn drivers that they are at risk of departing the roadway
  • Safety edges on the roadway that mitigate steep drop-offs

If you or a close family member is injured of a loved one dies in a single vehicle road departure accident in Mississippi, our compassionate and dedicated team of attorneys at Barrett Law may be able to assist you in obtaining financial compensation.  At Barrett Law, 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.

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AAA Study Reveals that Teen Passengers Substantially Increase the Risk of Teen Car Accidents

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We have previously addressed the value of graduated licensing programs that grant driving privileges in stages to new teenage drivers.  There has been widespread speculation that such programs reduce the risk of accidents caused by teen drivers and prevent many potential car accident victims from suffering catastrophic injuries or fatalities.  While graduated driver’s license programs have been successful in reducing teen accident rates and the volume of teen accident fatalities, fatal auto accidents remain the leading cause of death for teenagers between the ages of 13 and 19.  However, a new study suggests that programs that gradually implement driving privileges to inexperienced teenage drivers do prevent car accidents.  The study conducted by the American Automobile Association (AAA) reveals that prohibiting new teenage drivers from carrying teenage passengers substantially reduces teen fatality rates associated with car accidents.

The AAA study revealed that teenage drivers are more likely to die in a car accident when operating a motor vehicle with other teenagers in the car.  Moreover, the data also indicated that the probability that a teenage driver will be involved in a fatal accident increases as the number of teenage passengers in the vehicle increases.  The specific finding of the AAA study were as follows:

  • One teen passenger increased the risk of the driver dying in a fatal accident by 44%.
  • If a teen driver has two teenage passengers, the driver fatality rate jumps to 66%.
  • When a teen driver transports three teenage passengers, the driver fatality rate triples.

There are presumably several reasons for this significant increase in car accident fatalities for teen drivers.  The most likely factor is that passengers in the vehicle increase the distractions to a teen driver.  The driver may be carrying on conversations with multiple vehicle occupants so that the driver’s concentration is diverted from driving.  It is also likely that there may be other types of distractions present because other teens may attempt to show the driver text messages on their cell phones.  The final factor that may be relevant in explaining the fatality rate is the increased probability that the car will end up with a pack of intoxicated teenagers, including the driver.

Unfortunately, Mississippi’s graduated driver’s license program does not restrict the ability of new teen drivers to have teenage passengers.  Given the enormous danger of having multiple teenagers in the car, parents should consider prohibiting their kids from transporting teenage passengers.  It also may be advisable to refuse to allow your teenagers to ride as a passenger when their peers are driving.  At Barrett Law, 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.

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NHTSA Reports Car Accident Fatalities Hit Record Low Level

New data from the National Highway Traffic Safety Administration (NHTSA) indicates that the motor vehicle fatality rate fell 1.7 percent in 2011.  It appears that the fatality rate for accidents involving cars, trucks, SUVs and other vehicles is the lowest it has been since the NHTSA was created in 1949.  This positive news is part of a 5-year trend from 2006-2011 during which motor vehicle fatality rates dropped by more than 25 percent.  Despite this positive news, car accidents on U.S. roadways are estimated to have claimed the lives of over 32,000 people during 2011.

Although the NHTSA data is encouraging in terms of improved highway safety, the data may be somewhat misleading.  The reduction in car accident fatality rates occurred during a year where drivers are traveling less because of high gas prices and tough economic times.  The NHTSA report indicates that the number of miles traveled in the U.S. fell by 35.7 billion during 2011.  This decline from the miles traveled in 2010 represents a 1.2 percent decline in miles traveled by drivers nationally.

While much of the decrease during 2011 may be dismissed as the product of drivers avoiding the roads because of financial woes, the five-year trend clearly reflects a substantial decline in motor vehicle accident fatalities.  There are a number of factors that the NHTSA indicate may contribute to this downward trend:

Increased Seat Belt Use: Many states are have implemented mandatory seat belt laws that have clearly proven effective in actually changing behavior.  These laws also are being more strictly enforced particularly in states wear seat belt violations are a primary violation.  A primary violation is one for which a law enforcement officer may actually pull a driver over.  Studies in several states have found that seat belt use increases significantly with implementation and enforcement of mandatory seat belt laws.  There are many occasions where seat belts are the reason that vehicle occupants suffer only minor injury.  A seat belt can keep drivers from being ejected from the vehicle, which is a leading cause of traffic related fatalities.  When vehicle occupants buckle up, they may also reduce the risk of fatal head injuries caused by being thrown against hard surfaces like windshields and dashboards inside vehicles.

More Effective DUI Laws and Enforcement: Alcohol impaired drivers continue to account for a third of all car accident related fatalities.  However, significant progress has been made reducing the rate of drunk driving through enforcement programs, such as sobriety checkpoints and the use of ignition interlock programs as well as harsher penalties for DUI offenses.  Zero tolerance laws designed to prevent teen drivers from operating motor vehicles with any measurable amount of alcohol in their blood also have helped prevent fatal DUI accidents.

Improved Vehicle Safety: Cars, trucks and SUVs have also become safer through use of more airbags, anti-lock brakes, collision avoidance systems and other safety features.  An example of a class of vehicles that have become safer is SUVs.  Electronic stability control systems (ESC) that apply the brakes individually to individual wheels when a driver over-compensates with a hard steering maneuver are now an effective counter-measure to rollover accidents.  Safety standards for the roof strength of SUVs have also improved which has helped reduce the risk of roof crush injuries in SUV rollovers.

While traffic related fatalities are down, there are still many people that lose their lives in avoidable Mississippi car accidents each year.  At Barrett Law, 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.

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States Cracking Down on Pokey Drivers That Promote Aggressive Driving and Road Rage

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There are a virtually unending list of unsafe driving practices that may cause serious collisions and result in major life changing injuries or the loss of a loved one.  The state of Delaware is the newest state to enact a law targeting an increasing cause of auto collisions that is rarely thought of by the typical driver as a major accident risk – driving too slow.  Many states are now passing tough new laws that impose substantial fines for drivers that drive slowly in the left lane of traffic.  While most drivers understand that speed is a major contributor to car accidents, it is usually driving too fast, rather than too slow, that most drivers perceive as a serious danger of causing auto accidents.

The new laws sprouting up in a growing number of states specifically designates the left lane as being reserved for passing on roads that have at least two traffic lanes in both directions.  Many states including Mississippi require drivers to remain in the right lane when traveling slower than the flow of traffic.  When drivers obstruct traffic by driving relatively slowly in the left lane, other drivers get impatient and angry, and aggressive driving and road rage incidents are a frequent result.

Aggressive driving generally is comprised of consciously engaging in more than one traffic violation at any point in time.  An example might include a driver passing on the shoulder while speeding.  While violating traffic safety laws always creates a risk of injury for other vehicle occupants, motorcyclists, bicyclists and pedestrians, these risks increase dramatically as a driver disregards an increasing number of traffic laws while driving.  It is not uncommon for aggressive driving to anger other drivers resulting in the even more lethal danger of road rage incidents.  Road rage is different from aggressive driving because it does not involve “accidents” based on unsafe driving.  The term refers to aggressive behavior that is intended to cause injury or harm another.

While dawdlers in the left lane of traffic may be annoying, the practice certainly does not excuse or justify aggressive driving behavior or road wage.  Nonetheless, legislators and law enforcement authorities in many states believe that alleviating this source of frustration will make the roads safer by discouraging the interruption in the flow of traffic caused by pokey drivers in the left lane.

One driving safety advocate points out that it is never a good idea to continue driving in the left lane if you are being passed on the right.  Drivers that are frustrated by drivers traveling too slowly may tailgate, flash their lights, make obscene gestures and even pass on the left shoulder, which is extremely reckless behavior.  If you or someone you love is injured or a loved one dies because of aggressive driving and road rage, the experienced Mississippi aggressive driving accident attorneys at Barrett Law are committed to holding drivers who consciously violate traffic safety laws accountable for their actions.  At Barrett Law, 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.

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New Study Reveals Child Seat Compatibility Remains a Serious Car Accident Safety Issue

While child safety restraints (e.g. car seats, booster seats) can significantly impact your child’s safety if you are involved in a serious auto accident, a new study reveals that your child may not be nearly as safe as you think.  Child safety restraints may be limited in their effectiveness at keeping your children safe in a collision by compatibility issues that cause an improper fit between the vehicle seat and the child safety restraint.  Despite revised legal standards enacted a decade ago requiring use of an attachment system referred to as LATCH (Lower Anchors and Tethers for Children), a recent report by the Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute found that seven vehicle completely failed to comply with the standards.

The LATCH system was made mandatory after traffic safety experts determined that many car seats do not fit properly in vehicle seat, or they are difficult to install because of compatibility issues.  The National Highway Traffic Safety Administration (NHTSA) issued a report almost a decade ago in which it found that almost 75 percent of child safety restraints and booster seats had “critical misuse” problems that could cause injury or increase the severity of injury during a car accident.

Vehicles were evaluated based on whether the car seat anchors were clearly visible and easy to use without applying excess force.  The tests revealed that the buckle of seat belts and other seatbelt hardware often obstruct the child safety restraint anchors.  The seatbelt anchor can also sit so low in the car seat that they are difficult to access when installing the child car seat or booster seat.  The study also revealed that many parents may need more clear instructions on proper use of child safety restraints because they do not realize the importance of attaching the upper tether.  This can be a crucial error because the car seat or booster seat may jerk too far forward during a collision resulting in severe injuries to the head or neck of the child.

The results of the tests reveal that compliance with the LATCH system is still poor, which is reflected by the fact that only 21 percent of vehicles tested met all the requirements for the LATCH system.  Seven of the vehicles failed ALL of the requirements.  The complexity of assuring a safe fit between a safety restraint and the bench seat or bucket seat is compounded by the multitude of child safety restraint models and manufacturers.  Government safety experts recognize the importance of the two industries working together to reduce compatibility issues and improve the safety of children in auto accidents.

If your child has been injured in a car accident in Mississippi, our experienced Mississippi car accident attorneys have the experience to investigate accidents involving children and determine if a lack of compatibility or other car seat defect played a role in your child’s injuries.  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.

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Defective Airbags: When Car Accident Safety Equipment Makes Us Less Safe

There can be little dispute that airbags are a valuable safety component in any vehicle and that they can prevent catastrophic injuries, vehicle ejections, traumatic brain injuries and even wrongful death.  Many manufacturers of motor vehicles are now increasing the number of airbags in vehicles and placing them in positions that previously were not subject to airbag protection.  The proliferation of side impact airbags and side window airbags provide notable examples.  Despite the many benefits of airbags, they can serve as an independent cause of devastating injuries when they malfunction because of product defects in their design or production.

The vast majority of severe Mississippi car accidents that result in life-changing injuries are caused by negligent motorists, but sometimes defective safety components like airbags can cause injury in relatively low impact collisions where no injury would have occurred had the airbag not deployed.  They may also cause more serious injuries than otherwise would have been suffered when deploying in such situations.  If you have never experienced an airbag deploy, it is important to understand that when they deploy they do so with phenomenal speed and force.  This means that it is essential that an airbag be completely deployed before making contact with the head or torso of a vehicle occupant.  If the airbag deploys late, it may “deploy into” a vehicle occupant causing devastating injuries, such as broken bones, severe head trauma, serious damage to internal organs, eye injuries including blindness, and spinal cord injuries.

Many airbag injuries occur because of faulty or defective sensors that are designed to trigger airbag deployment.  These sensors may be not be appropriately located in the vehicle or may be susceptible to malfunction caused by simple environmental factors like exposure to moisture.  When these sensors malfunction, an airbag may deploy early, later or not at all.  All of these scenarios can be extremely dangerous for the driver or passengers in a vehicle.  Another serious safety issue with airbags is that they are designed to accommodate a male who is 5’8’’ and weighs 180 pounds.  Children that have a height or weight that deviates substantially from these dimensions may be exposed to greater harm from an airbag than benefit depending on the circumstances of deployment, and how the vehicle occupant is situated (e.g. position and orientation of a car seat).

If you or someone you love was recently injured in a Mississippi car accident by a negligent driver or a defective airbag, we encourage you to contact our experienced team of personal injury attorneys today.  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.

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