Criminalization of Distracted Driving Can Benefit Mississippi Personal Injury Victims

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Distracted driving in its many forms poses one of the greatest motor vehicle safety risks to those on Mississippi roads.  Drivers who are using a cell phone, eating, drinking, putting on makeup, reading or otherwise not focusing their full attention on traffic and the roadway cause many accidents.  In a typical year, distracted drivers cause over 410,000 injuries and almost 3,100 fatalities according to the Department of Transportation website “Distraction.com.”  Because of the alarming number of families who have their lives turned upside down by drivers who are not focused on driving, distracted driving may become a basis for imposing criminal liability on drivers.

A Massachusetts driver was recently convicted for motor vehicle homicide and a slew of other crimes related to a car accident caused by the driver who was engaged in text messaging at the time of the collision.  The accident resulted in the death of a father of two small children and injury to two others.  The district attorney in the case provided cell phone records for the teen driver, which revealed that the seventeen year old driver sent over 190 text messages the day of the fatal car accident.  Some of the texts were sent immediately before the accident and dozens after the collision.  The teen driver was sentenced to a year of jail time along with other penalties.

Most states including Mississippi have laws that impose criminal liability on drivers who engage in unsafe driving practices that result in serious injury or wrongful death.  It is reasonable to presume that Mississippi prosecutors and those in other states may also start to pursue criminal charges against distracted drivers who cause car accidents resulting in personal injury or wrongful death because they are using a cell phone while driving.  This criminalization of distracted driving particularly involving cell phone use seems appropriate given that the scope and the danger associated with texting and talking on a cell phone while driving is similar to DUI/DWI.

There may be significant advantages for car accident victims injured by distracted drivers if prosecutors pursue criminal liability for drivers that are texting or calling on a cell phone when they are involved in a collision.  For example, personal injury and wrongful death injury victims may be able to use the doctrine of negligence per se when the ban on text messaging is violated.  Negligence per se essentially provides that someone who violates a public safety law may be held strictly liable for any injuries caused by the driver’s violation.  Because bans on text messaging are designed to protect other drivers, passengers and pedestrians, a violation of a law prohibiting texting and driving may facilitate proving liability in a personal injury lawsuit based on negligence per se.

If you or someone you love have been injured in a Mississippi auto accident involving a distracted driver using a cell phone our experienced Mississippi distracted driving auto accident attorneys can analyze your case and advise you of your rights.  If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, our experienced Mississippi car accident attorneys at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

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Legal Theories for Imposing Liability for a Car Owner When Not Driving

While a car accident can disrupt the life of an injury victim and the victim’s family, the challenges are far more difficult if the at-fault driver does not have insurance.  Although it is possible to obtain a car accident settlement or personal injury judgment even if the other driver has no insurance or lacks adequate insurance, there may be no source of funds to pay the car accident judgment.  When the responsible party in a Mississippi car accident does not have insurance, our experienced San Francisco personal injury attorneys may conduct an asset search or other investigation to determine if the negligent driver has other property and assets against which a judgment or settlement can be collected.

One source of recovery for injuries and economic losses in a Mississippi car accident is the owner of a vehicle.  In situations where the driver of the vehicle has no insurance and no substantial assets, the ability to pursue a legal claim against the vehicle owner may offer the best option to obtaining recovery.  Many people do not realize that the owner of a car, truck or SUV may be liable for injuries to an auto accident victim even when the vehicle owner is not driving the vehicle.  However, the owner will not necessarily be responsible for injuries caused by another driver in the owner’s vehicle.  We have provided an overview of some of the legal doctrines that may be used to impose liability on the owner of a vehicle involved in a Mississippi car accident:

Allowing Another Person to Drive: When an owner permits someone else to drive his or her car, Mississippi law still deems the owner of the car to be in control of the vehicle if the owner is in the car.  Even if the owner of a vehicle is not present in the car at the time of the car accident, the vehicle owner may still be liable based on a theory of “negligent entrustment”.  A car owner may be responsible for making a vehicle available to a driver that the owner knows or should know is incompetent because of intoxication or inexperience.

Employer’s Vehicle: When an employee is involved in a Mississippi car accident while performing job related functions or errands for the benefit of one’s employer, the employer may be held liable for injuries caused by a negligent employee while driving.  This type of liability is referred to as “vicarious liability,” which involves imposing liability on a third party for the acts of another based on the special relationship between the parties, such as an employer-employee relationship.

Family Purpose Doctrine: If a child who resides in your family home is involved in a Mississippi car accident while driving a vehicle made available for use by family members, a parent may be liable for a collision resulting from the child’s negligence.

If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, our experienced Mississippi car accident attorneys at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

 

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Tire Separation and Tire Blowouts a Particularly Serious Mississippi Car Accident Hazard

Motor vehicles of all types pose potential hazards when driven by careless or inconsiderate drivers, but bad drivers are not the only cause of serious car accidents.  Sometimes defective vehicle equipment or poor maintenance can equally contribute to serious accidents involving passenger vehicles, SUVs, tractor-trailers (commercial trucks), 15-passenger vans and other vehicles.  The tires of a car, truck or SUV are one of the most important safety components of any motor vehicle.

Defective tires can result in dangerous tire blowouts that cause vehicle rollovers, particularly in vehicles prone to rollover accidents like SUVs and 15-passenger vans.  Manufacturing defects often cause tread separation which can result in drivers losing control of their vehicle.  Tire blowouts are a leading cause of certain types of accidents including lane departure accidents, run off the road accidents and rollover accidents.  While there are multiple factors that can contribute to a tire blowout, such as improper tire pressure, worn or weathered tires and tire defects, many times a tire blowout accident is the direct result of a tire manufacturer’s failure to produce tires that are free of defects and safe to install on motor vehicles.

Tread separation is a common cause of tire blowout accidents in Mississippi.  Most tires on motor vehicles are steel belted radial tires.  When the tire tread separates from the inner portion of the tire, it can cause the tire to blowout.  Though steel belted radial tires are the most popular variety of tires, the risk of tread separation is inherent in the process of manufacturing these tires.  Defects in steel belted radial tires can be the product of both design and manufacturing defects.  A fundamental issue with steel belted tires is that rubber does not naturally adhere to the steel belts.  Tire manufactures coat the steel with copper to facilitate the rubber adhering to the steel belts.  However, copper degenerates quickly creating a risk of tire separation.

Tread separation and tire blowouts are particularly dangerous when a driver is operating a vehicle that tends to be top-heavy because the vehicles are prone to rollover when a tire on the vehicle blows out.  When a person is involved in an accident caused by a defective tire, a driver may have legal recourse to pursue financial compensation against anyone in the production or distribution chain for the tire.  Mississippi product liability law permits liability to be imposed on a designer, manufacturer, distributor or retailer of defective tires based on negligence, strict liability and breach of implied or express warranty.  If the defective tires were installed on the car when you made your new car purchase, you may even be able to pursue a claim against the automaker.

If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident caused by a tire blowout, our experienced Mississippi car accident lawyers at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

 

 

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Will Spending More for Vehicles with Crash Avoidance Systems Put You at Greater Risk?

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There are an increasing number of technological safety innovations that are intended to reduce the probability that drivers will be involved in auto collisions in Mississippi.  Many of these safety improvements involve crash avoidance systems designed to warn distracted drivers who are not paying attention to the road that they are at-risk of being involved in a collision.  Distracted driving is a growing epidemic that threatens to surpass DUI as the most significant auto accident safety risk.  Unfortunately, there is new evidence that crash warning systems designed to prevent serious injuries and wrongful deaths in car accidents may do more harm than good.

A recent study revealed that high-tech lane departure systems that are intended to prevent distracted drivers from drifting into adjacent lanes may be causing more auto accidents.  The lane departure systems, which are currently only available in high-end models, promote car accidents rather than prevent them.  The study conducted by the Insurance Institute for Highway Safety (IIHS) reached the surprising conclusion that lane departure warning systems increase the risk of being involved in a collision by ten percent.

The researchers advanced a number of theories to explain the unexpected results of the study.  The primary theory was that drivers annoyed by the warning alarms or the irritated by the over-sensitivity of the system in responding to minor side-to-side movement within a lane may simply disable the systems.  A similar explanation is that drivers simply grow indifferent to the constant warnings and disregard the alarms.  While this seems like a plausible response from drivers that are frustrated or annoyed by these early warning systems, it seems lacking as an explanation for the higher risk of collision.  It would seem that disabling the crash avoidance warning would put drivers in the same position as drivers who had vehicles that were not equipped with this technology.  This type of explanation would suggest that the car accident risk should be the same for cars equipped with lane departure technology rather than ten percent higher.

The unexpected results of the study are being dismissed as a result of the small sample size.  Even the IIHS has indicated that if all cars were equipped with lane departure systems that were used correctly (i.e. not disabled or ignored), the result would be over 7,500 fewer fatal auto accidents annually.  Despite the poor showing for lane departure warning systems, crash avoidance systems that warn drivers that they are about to collide with the vehicle immediately in front of them and apply the brakes to avoid such a collision performed much better.

While this technology may still need tweaking, technology that relies on cameras, sensors, radar and computer technology potentially represents a new era in traffic safety.   Most existing vehicle safety technology, such as airbags, lap belts and shoulder harnesses focus entirely on reducing the severity of injuries when Mississippi car accidents occur.  This new paradigm in traffic safety is intended to not only reduce injury severity and fatalities, but prevent collisions from even occurring.  If someone you love is injured or a loved one dies in a Mississippi car accident, our experienced Mississippi auto accident attorneys may be able to help you seek compensation for your injuries or loss of a loved one.  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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Speeding Increases the Frequency and Severity of Mississippi Car Accidents

Virtually everyone violates the speed limit at some point or at least drives faster than one should given road and traffic conditions.  While many people consider speeding to be a minor infraction, drivers guilty of speeding kill far too many people throughout Mississippi.  The faster a vehicle is moving the more stopping distance that is needed to avoid a car accident.  A car is also less responsive and more prone to rollover at high rates of speed when a driver engages in sharp steering maneuvers.  It is not only the case that you are more likely to be involved in a car accident when driving at a high rate of speed, but the severity of one’s injuries are also much greater when a driver is speeding.

Our Mississippi speeding accident attorneys have successfully represented those involved in car accidents with speeding drivers.  Because car accidents that occur at a higher rate of speed necessarily result in a more intense impact, it is important to have an experienced Mississippi car accident attorney that has handled a substantial number of car accident claims involving substantial injuries and even wrongful death.

The danger of being involved in a speed related accident is substantial given that 90 percent of all drivers admit to speeding, and 75 percent admit to doing so regularly.  Some people justify speeding based on the fact that they exceed the speed limit by only a small margin.  The problem with this reasoning is that even exceeding the speed limit by five mph can cause a serious car accident depending on where the speeding occurs.  Speeding is a significant factor in as many as one-third of all fatal car accidents.  The relationship between increased speed and a higher risk of car accidents is demonstrated by a study conducted by the Insurance Institute for Highway Safety (IIHS) that revealed that increased speed limits resulted in an increase in the number of car accidents and auto accident related fatalities.

Speed frequently is also combined with alcohol and other dangerous accident risk factors.  An accident victim typically must establish negligence of the other driver to recover compensation for injuries.  Exceeding the speed limit or driving too fast for weather or road conditions generally will constitute negligence.  Speeding increases the probability of a driver being involved in a Mississippi car accident resulting in serious injury in a number of ways including:

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

If you have been involved in a serious car accident in Mississippi caused by a speeding driver, Barrett Law provides a thorough investigation of the facts, extensive legal research, meticulously drafted pleadings and motions as well as compelling courtroom advocacy.  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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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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