Two Mississippi Paramedics Killed in Deadly Ambulance Crash

A tragic accident in Greene County, Mississippi on June 24, 2014 resulted in the loss of two local paramedics.  The paramedics were responding to an emergency medical call around 11 a.m.  While traveling on Highway 63 in the Sand Hill Community, an 18-wheeler hauling a bulldozer took a left turn in front of the approaching ambulance.  The 18-wheeler and the ambulance collided, causing both vehicles to burst into flames.  Both paramedics, Alan Smith and Dennis Rushing, died in the accident.  The driver of the 18-wheeler, who has been identified as 47 year old Charles E. Bexley of Beaumont, Mississippi, was transported to the hospital for treatment of minor injuries.

While the accident is still under investigation, Brent Barfield of the Mississippi Highway Patrol has publically stated that the ambulance had the clear right of way because the paramedics were responding to a medical call.  The speed with which ambulances are able to make it to the scene of a crisis is extremely important to the individual 911 callers and the public as a whole.  Brent Barfield, Trooper 1st Class, knew the victims personally and emphasized the need to recognize the efforts and heroism of paramedics every day.

This Mississippi ambulance crash is sadly one of many that occur each year.  In 2010, over 250 ambulance crashes made the news.  With nearly 50,000 ambulances on the roadways each day, it is likely far more crashes occur that are simply not carried by the local news stations.  One major problem with calculating ambulance accident rates is the lack of a central repository for crash reports.  Neither the National Institute for Occupational Safety and Health nor the Centers for Disease Control and Prevention require reporting.

            An analysis of the available ambulance crash data reveals that the following factors are most often involved in accidents:

  • Intersections: Over half of all ambulance accidents occur at intersections.  This is likely due to ambulances attempting to navigate through red lights while other drivers fail to yield or move out of the way.
  • Loss of control of the vehicle: A large portion of ambulance accidents involve loss of control of ambulances.  Often, these vehicles are traveling at high rates of speed in an attempt to reach the waiting injured or sick people.  Excessive speed can be a contributing factor to accidents as can overcorrecting of steering.
  • Road conditions: Slippery roads made slick by snow or ice cause several ambulance crashes each year.  Hydroplaning causes accidents most often but wind can be a factor as well.
  • Rear end collisions: Rear end accidents involving either a car or truck striking an ambulance, or vice versa, occur in high numbers.

If you have been injured in a large vehicle accident, whether it be a truck, ambulance, or other sort of commercial vehicle, contact a licensed Mississippi accident attorney as soon as possible.  Accidents involving these vehicles will have special issues of recovery and fault.  Your best chance of a full recovery will be to start the process early.

Barrett Law, PLLC: Zealous Representation for Truck or Commercial Vehicle Accident Victims

For decades, the Mississippi Personal Injury Attorneys at Barrett Law, PLLC have provided aggressive representation for the victims of all forms of large or commercial vehicle across the state.  Our truck accident attorneys have the knowledge, experience, and resources to obtain the results you desire.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal.  Call today at 1 (601) 790-1505 to schedule your free consultation.

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Chevrolet Impala under Investigation for Brake Problems

The National Highway Transportation Safety Administration (NHTSA) is responsible for investigating claims of dangerous faults in motor vehicles in the United States.  Over the past few months, there have been many different problems with vehicles on the road across the country that have been featured on the front pages of nearly every major print news source.  General Motors has faced a number of serious allegations after purportedly mishandled recalls that led to serious accidents and more than a dozen deaths.  Now, a consumer complaint has prompted the NHTSA to investigate potential braking problems in the Chevrolet Impala.

The consumer complaint that led to the NHTSA investigation was that the 2014 Impala has a defect that leads to the activation of the emergency braking system without warning.  The complaint states that the activation of the braking system led to a sudden stopping of the car when it was traveling at 40 miles per hour, which led to the vehicle being rear-ended.  The complaint prompted the NHTSA to investigate whether the defect is widespread throughout the more than 60,000 2014 Impalas on the road.  If the investigation does lead to a determination that there is a widespread defect, then the NHTSA can trigger a recall.

Generally, when the NHTSA has determined that there is a vehicle flaw that impacts many cars or trucks because of a design or manufacturing defect, it may determine that the nature of the hazard necessitates a widespread recall and issue an official order.  However, the auto manufacturer may challenge the NHTSA in a federal district court.  While the car manufacturer has the right to challenge the order, the NHTSA has the right to go to court to enforce the order and compel the recall.  Once a case has been filed by either the NHTSA or the car manufacturer, the burden lies with the agency to prove that there is a defect that warrants the recall because it poses a serious threat to the safety of consumers.  Depending on the circumstances, even though the auto manufacturer is contesting the finding of the NHTSA that there is a safety risk from the defect, they may need to send notice to all consumers in possession of the potentially dangerous vehicle about the alleged hazard.

            Although the NHTSA is empowered to order a recall if an official investigation reveals a defect that is present in many vehicles, the auto manufacturer may choose to recall specific vehicles based on its own findings without agency intervention.  The auto manufacturer should have learned the relevant facts through:

  • Internal testing protocols;
  • Vehicle inspection policies;
  • Analysis of information gathered through a number of data systems; and
  • Review of all facts in a comprehensive and organized process.

One of the problems with the handling of the GM ignition switch defect was that the executives at the company did not have the proper protocols in place to rapidly respond to the potential danger. 

The protocols and policies that control whether or not a recall will take place are fine for the auto manufacturer and the agency, but it leaves consumers at the mercy of the executives and the regulators.  Often, serious accidents occur while the battles are being played out.

The news is full of stories of the massive recalls by auto manufacturers for defects that could lead to dangerous crashes, severe injuries, and even death.  The compassionate and knowledgeable Mississippi Personal Injury Attorneys at Barrett Law PLLC will work with you to help you understand what caused your accident and how you can get justice for the harm that you suffered.  In order to schedule a free case evaluation, please call us at (601) 790-1505.  We only receive our fee if we recover compensation for you.

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How Does the NHTSA Investigate Defect Claims?

The National Highway Transportation Safety Administration (NHTSA) operates as part of the Department of Transportation to promote safety through establishing standards and acts as an investigatory agency when there reports of defects.  Recently, the agency has been in the news regularly based upon the high profile recall cases and the harm that was done when auto manufacturers failed to respond quickly and appropriately to dangerous vehicle defects. 

Although some car manufacturers may voluntarily issue a vehicle recall, often these events are triggered by the NHTSA going to court and getting an order.  The NHTSA may decide that it is important for a recall when:

  • A motor vehicle, or any equipment that is used in the structure or mechanics of a vehicle, which includes tires, fails to comply with an established Federal Motor Vehicle Safety Standard; or
  • There is a defect caused by a design or manufacturing problem, rather than an issue that only affects a few vehicles, that impacts the overall safety of the vehicle.

The NHTSA reviews the reported problems in the vehicle in accordance with safety standards for the safe operation of a vehicle, including equipment failures relating to tires, brakes, engine parts, and lighting components.  In addition, the safety analysis may look at the features of the vehicle that are intended to keep drivers and passengers safe, such as seat belts, air bags, structural reinforcements in convertibles, and even motorcycle helmets.

A safety defect that might justify the NHTSA pursuing a mandated recall includes an issue in the vehicle that poses a measurable risk to consumers as a result of the operation of the motor vehicle.  Some common types of defects include:

  • The vulnerability of the fuel system in a vehicle to damage during a crash that would result in the spilled gasoline and fire hazards;
  •  Steering columns that may break or become non-functional during operation of a vehicle, leading to loss of control;
  • Gas pedal or accelerator components that may stick or malfunction, leading to uncontrolled acceleration;
  • Improper design of the wheel base and height of the vehicle leading to increased rollover risk;
  • Malfunctioning windshield wipers that lead to decreased visibility;
  • Improperly manufactured seats that may shift or fall backwards during operation of the vehicle, especially the driver’s seat;
  • Faulty wiring systems that may lead to risk of fire or loss of function;
  • Defects in child safety devices and equipment; and
  • Problems with air bags functioning properly.

There are many different types of defects that pose a significant risk to occupants of the vehicle or other people.  However, there are some widespread problems that do not lead to a recall order.  These include problems that are frustrating, but have no major safety risk.  A model year with a malfunctioning radio or MP3 control or equipment that deteriorates far faster than components in other vehicles, which necessitate replacement, but likely will not result in bodily harm, will not be pursued.

Once the NHTSA has received a complaint that triggers a response, there is a four step process that is managed by the Office of Defects Investigation, which includes:

  • An initial review of the consumer complaint and any other available information that supports the existence of a potential defect;
  • A review of any petitions involving a group of individuals or other groups, as well as any safety-based recalls that may have been initiated by the vehicle manufacturer;
  • Active investigation into the possible defects; and
  • Oversight of a recall once a safety-related defect has been found.

Safety defects lead to many injuries and deaths before the problem has been corrected.  Although the NHTSA plays an important role, for those who been harmed by a defective component or piece of equipment, it is critical to find someone to fight for them.  The skilled and dedicated Mississippi Personal Injury Attorneys at Barrett Law PLLC will work to get you the compensation that you deserve.  Please call us at (601) 790-1505 to schedule a free and confidential consultation.

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Teenage Drivers Pose a Significant Hazard on Mississippi Roads

The issue of teenage driving and an increased rate of serious traffic accidents has long been a focus of safety campaigns throughout Mississippi and the rest of the country.  There was a decline in teenage driving accidents and fatalities from 2006 through 2011, so these safety programs may be working.  However, there was an uptick in teenage driver accidents in 2012, based on a preliminary report by the Governors Highway Safety Association.  Although there is a lot of speculation about the cause of this increase, one of the reasons might be the frequency with which teenagers use their cell phones and other technology, even behind the wheel.

Mississippi has the unfortunate distinction of being the third highest state for teenage deaths where a teenager was behind the wheel.  Erie Insurance worked with the Insurance Institute for Highway Safety (IIHS) to analyze crash data provided by the United States Department of Transportation in order to rank the states with regard to deaths caused by teen drivers.  The IIHS has stated that a graduated driver licensing (GDL) system, where there are tiered driving privileges, may work to decrease these accidents.

There are many reasons why teen drivers experience such a high rate of accidents, with much higher rates during the first year of driving.  Some of the main causes of teen accidents are:

  • Lack of experience – teenage drivers simply do not have the time on the road to have developed skills to anticipate and react to hazards in the same manner as experienced drivers.  This is one of the reason people advocate for GDL.
  • A sense of invulnerability – many teenagers do have a belief that nothing bad is going to happen to them when they ignore posted speed limits and drive recklessly.  However, the statistics demonstrate the fact that teenagers are not impervious to the dangers of violating road rules.
  • Teenagers drive distracted – the prevalence of cell phones and texting among young drivers means that they are more likely to read or respond to a text while operating a motor vehicle.  In addition, they may be distracted by making music selections, eating or drinking in the car, interacting with friends, and applying makeup or performing other grooming behaviors.
  • Peer pressure influences driving techniques – a teenage driver is far more likely to emulate their friends rather than adult family members and other adults with greater skill behind the wheel.
  • An inability to react properly to changing weather conditions – heavy rains and high winds can lead to terrible accidents if the teen driver does not take the appropriate steps to deal with the hazards.

Drivers who are between the ages of 16 to 19 years of age are four times more likely to get into a fatal car accident that drivers aged 25 to 69 years.  The use of programs like GDL and distracted driving safety campaigns aimed at young drivers are effective ways of decreasing the dangers that these new drivers pose for themselves and others on the road.

Barrett Law PLLC Advocates on Behalf of Accident Victims

Whether you were injured in a car crash with a teenage driver or another type of serious collision, it is important to focus on your recovery.  However, the time in which an injured party can make a claim begins to run as soon as the accident happens.  The skilled and hardworking Mississippi Personal Injury Attorneys at Barrett Law PLLC are ready to fight on your behalf while you get better.  To schedule a free initial consultation, call us at (601) 790-1505.  We only receive fees if we succeed in getting a settlement or award for you.

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Mississippi Campaign Targets Distracted Driving

When you are driving along Mississippi roads, it is not uncommon to see people putting on makeup, looking at the GPS device, bending down to scroll through the music options, or using a cell phone or other electronic device.  These various forms of distracted driving lead to dangerous situations where the driver’s focus is off the road at the critical time.

In Mississippi, a campaign to target distracted drivers started in Oxford in early November, 2013, and is spreading to other areas along the coast.  The campaign, known as “Pay Attention or Pay a Fine” targets behaviors that lead to a driver not paying attention to the road and driving in a careless manner.  According to a local news story, Lieutenant  Johnny Poulos of the Mississippi Highway Patrol stated that they would not be pulling people over for eating while in a vehicle, but they would have officers looking for other dangerous behaviors.

Distracted driving can be a serious problem even when people do not consider themselves to be distracted.  There are three different classifications of distracted driving that have been set forth for the Centers for Disease Control and Prevention (CDC), which are:

  • Manual distraction – the driver removes one or both hands from the wheel in order to do something, whether that is texting, drinking coffee, plugging an address into the GPS, or performing any other activity;
  • Visual distraction – removing one’s eyes from the road to the extent that it leads to a loss of focus and negligent driving; and
  • Cognitive distraction – while it may seem perfectly normal to think about the weekend events or evening’s menu, this may lead to a distraction that leads to a loss of reaction time at a critical moment.

Some of the activities that lead to distracted driving without being regularly thought of as a distraction include:

  • Checking on the children in the backseat, which entails many glances in the rearview mirror and turns in the seat;
  • Bringing your pet along for the ride – having a loose animal can lead to paying attention to what the animal is doing rather than the stopped traffic on the road ahead;
  • Driving while fatigued – this is particularly dangerous because the driver may believe that he or she is paying attention to the road, but the exhaustion leads to a loss of focus; and
  • Focusing on the billboards – while advertisers are trying to grab the attention of drivers, reading the marketing text may lead to a critical distraction.

In order to be safe from distractions, there are some things to do, including:

  • Driving defensively – by staying aware of what is going on around the driver, it may be possible to react quickly to a potential problem;
  • Never use technology while driving – taking the time to pull off the road may be a life-saving decision;
  • Maintain a safe driving distance with other vehicles on the road;
  • Wear seat belts and make sure your passengers are buckled up as well; and
  • Stay focused on the road – thinking about what you are doing will help you react when it is critical.

More municipalities are taking action against distracted driving because this is an increasing threat to everyone on the road.  If you were the victim of a distracted driving accident, it is critical to get the right legal help as soon as possible in order to preserve your rights.

Barrett Law PLLC Fights for Those Who are Injured as the Result of Distracted Driving

In an age where people are praised for multi-tasking on a variety of technological devices, it is understandable that the mindset carries over to driving.  However, this distracted driving leads to serious crashes along roadways across Mississippi.  If you were injured in a car accident caused by distracted driving or some other negligent behavior, the compassionate and skilled Mississippi Personal Injury Attorneys at Barrett Law PLLC are here to protect your interests.  To schedule a free and confidential initial consultation, please call (601) 790-1505.

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What Are “Specials” in Mississippi Personal Injury Cases?

If you or a loved one has recently been injured in an automobile accident, you are likely dealing with many different, yet challenging issues.  These typically range from your injuries and recovery, to whether your insurance will cover your medical expenses, to your future employment prospects (depending upon the nature of your injuries), and the necessity to file a lawsuit to recover damages to which you are entitled.  If you have talked to anyone who has ever been through a similar experience, or read anything about such matters on the web, you many have run across the term “specials” in the discussion of damages to which you might be entitled.

The law firm of Barrett Law PLLC has been representing individuals injured as a result of automobile accidents for decades.  We are, therefore, very familiar with what the term “specials” means and have written this short article to help you understand the concept.

Generally speaking, there are two major types of damages awarded in an automobile accident, both of which are forms of compensatory damages.  Compensatory damages are designed to compensate someone for actual losses, as opposed to punitive damages, which are designed to deter similar future conduct by both the defendant in question and other individuals or companies in society.  The two types of compensatory damages are general damages and special damages. Despite the use of the term, special damages are not really “special”.  That is, “specials” are standard damages awarded in personal injury lawsuits, including motor vehicle accident cases.

“Specials” include three main components:  medical expenses; property damage; and loss of earnings.  Given high deductibles, co-pays, out-of-network concerns, and the like, medical costs are soaring.  Medical bills can quickly amount to tens of thousands of dollars and can easily climb in excess of $1 million.  These costs are, quite simply, insurmountable for most individuals.  Luckily, your medical expenses are one key portion of “specials” that are recoverable.  Navigating the maze of dealing with insurance companies, both yours, including your health insurance and automobile insurance, and the other driver’s insurance in such matters is difficult.  You need an experienced attorney to help guide you through the process in order to maximize the amount of your medical expenses that you recover for.  The professionals at Barrett Law PLLC have been working for individuals injured in automobile accidents for decades, and we can help you understand the ins and outs of recovering for your medical expenses.

Undoubtedly, if you were involved in an automobile accident, your vehicle was damaged.  You are also entitled to recover these damages.  As with your medical expenses, dealing with the various insurance companies in order to maximize your recovery for damage to your vehicle can be difficult.  Again, having an experienced attorney represent you through this process is important.  Having an attorney in your corner allows you to focus on your personal recovery, while your attorney focuses on your financial recovery.

Finally, you are entitled to recover for lost wages.  This includes past and future lost wages.  Figuring out the amount of future lost wages that you may be entitled to is difficult and includes considerations of age, wage increases, and number of years of future work.  To maximize your ability to recover, you should retain an experienced attorney who understands when experts are necessary for determining these damages and who knows what experts to hire.

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

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Who Might Be Responsible for My Mississippi Personal Injuries?

Several weeks ago, in Norwalk, Connecticut, a tractor-trailer flipped onto its side and skidded down Interstate 95 for approximately a quarter of a mile.  The truck was carrying scrap aluminum, which was scattered all over the interstate.  Traffic in all of the southbound lanes of Interstate 95 was shut down for four hours.  The driver of the truck, Harry Myers, was injured, but not critically.  Fortunately, no one else was hurt.

Authorities indicated that the hydraulic pump on the truck malfunctioned.  It started to raise up the back of the truck, much like a dump-truck operates.  In cases like this, and when individuals are unfortunately injured, our law firm receives many questions about the individuals or companies that might be responsible.  This article is a short summary of companies and individuals that are often found to be responsible for such accidents.  The list is not meant to be exclusive, but just to provide information about who might be liable for your injuries.

First and foremost, the actions of the driver of the truck in question should be examined.  Very often, driver error, inattention, or other behavior, such as alcohol use, will be a contributing factor to the accident.  Unfortunately, drivers may or may not be appropriately insured, and it is often important to look beyond the driver to be able to fully recover the damages to which you are entitled.

If the driver was driving the truck during working hours and for a work-related purpose, his or her employer could be liable for your injuries as well.  The legal term for the employer’s responsibility for its employer’s actions is respondeat superior.  There are exceptions for this liability, however.  In order to ensure that an employer or insurance company does not claim these exceptions without an appropriate basis for doing so, it is important for you to retain an attorney experienced in these types of lawsuits.  Defendants and their insurance companies will do everything they can to minimize payments to injured individuals.  Because of this, you need someone in your corner doing everything they can to maximize the recover you receive.

The truck manufacturer and component part manufacturer may also be liable for your injuries.  For example, in the case briefly discussed above, the manufacturer of the hydraulic pump that apparently caused the accident may be responsible.  Depending upon the facts of the accident, the truck manufacturer itself might be responsible.  For example, was the truck improperly assembled?  With the sophistication of today’s trucks, it can be difficult to determine what component parts may have malfunctioned, and how, as well as how that contributed to the accident.  Because of this, it is likely that an accident reconstruction expert will need to be retained.  Retaining experts is expensive, and it can be very difficult to obtain the right expert.

Also potentially liable for a trucking accident are companies who own and/or serviced the truck in question.  This may or may not be the same company as the driver’s employer.  Trucks are subject to routine maintenance and inspection requirements under Federal Motor Carrier Safety Administration regulations.  Reports are to be kept of such inspections.  In an accident in which inadequate maintenance is suspected as the cause or a contributing cause, it is vital to obtain maintenance records.

For 75 years, Barrett Law PLLC has been representing individuals injured in car and truck accidents located in Mississippi and throughout the Southeast.  If you have any questions, or sustained injuries in a truck-related accident, please contact us at (601) 790-1505 to set up a no-cost and completely confidential consultation.

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What Types of Damages Can I Recover for My Personal Injuries?

Individuals experiencing injuries related to a car or truck accident often have questions about the nature and extent of damages to which they may be entitled.  Although the exact nature and extent of your injuries will largely determine the amount of damages you are awarded, there are several broad categories of damages to which most injured individuals are entitled.  These categories are discussed in more detail below.  If you or a loved one has been injured in a car or truck accident in Mississippi, Barrett Law PLLC, can help answer any of your questions about damages or other questions you might have.  We can be reached at (601) 790-1505.

There are two major types of damages—actual damages and general damages.  Actual damages include expenses and other costs that you incur as a result of a motor vehicle accident.  General damages include all other types of damages.

One of the most common categories of damages awarded to an individual injured in a car or truck accident is damages for medical expenses.  Even in a relatively minor accident, medical bills can quickly amount to thousands of dollars.  If you do not have medical insurance, or have high deductibles or co-pay rates, the expenses associated with your injury can be staggering.  Depending upon the limits of the policy of the individual at fault, as well as your policy, you are entitled to reimbursement for all of the medical expenses you incurred as a result of the accident.

Another common actual expense is loss of wages.  If you suffered any kind of injury that prevented you from working for a period of time, you can recover for this lost income.  Additionally, if your injuries are such that they will affect your ability to work into the future, you can seek damages for future lost wages.  Determining the amount of future lost wages you may be entitled to is not as simple and determining your current wages and calculating your current wages over a future period.  Considerations such as wage increases, number of years of future work, and the present cash value of those wages must be taken into consideration.  Often times, these calculations require hiring an expert.  If you are an individual facing significant future lost wages, you should retain an attorney.  You want to maximize your ability to recover, and knowing the right experts to rely on will help you do that.  After all, the insurance company will have plenty of experts in its corner.  You want the best ones it your corner.

You are also entitled to compensation for any property damages you incurred, which includes your vehicle and other items that may have been in your vehicle and were damaged or destroyed due to the accident.

With regard to general damages, one of the most common categories of damages awarded is for pain and suffering.  Obviously, the more severe and long-lasting your injury, the more damages you are likely to be awarded.  Severe injuries such as loss of limbs, paralysis, burns, and disfigurement will give rise to more significant awards.

Damages related to emotional distress and anguish as a result of the accident are another category of compensable damages.  Individuals frequently suffer psychological symptoms after an accident; the more severe the accident, the more severe the psychological symptoms usually are.  Common occurrences are depression and anxiety.  If you have suffered such symptoms, or other emotional or psychological distress, you may be able to recover damages related to this distress.  Damages related to treating such conditions, however, are recoverable as actual medical expenses.

Loss of consortium is another compensable loss.  Loss of consortium refers to any individual’s inability to engage in relationships with his or her loved one as before the accident.  If you have been or will be unable to engage in activities with your family that were a part of your life before the accident, you may be able to recover for the loss of this enjoyment of activity.  Loss of consortium damages typically encompass relationships with both a spouse and with children.

Barrett Law PLLC, represents individuals injured in motor vehicle accidents in the Lexington, Mississippi, area.  Jonathan Barrett has been fighting for the rights of the injured for years—let him fight for yours if you have been injured.   We can be reached at (601) 790-1505.

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Mother and Daughter Killed by Runaway Truck in Tupelo Mississippi

Tragedy struck the town of Tupelo, Mississippi, on September 6, 2013, when Olidia Acosta and her daughter Vianett Castillo were killed by a runaway truck.  Ms. Acosta, just twenty years old, and her daughter, a child of only two, were sitting in the vehicle waiting for a family member to emerge from Acceptance Auto Insurance.  Sometime between 10:30 a.m. and 10:45 a.m., a semitrailer crashed into the vehicle.  The vehicle was then thrust into the Acceptance Auto Insurance building.  Reports indicate that the vehicle, a Chevy HHR, was crushed by the semitrailer.  Crews had to work in excess of an hour to lift the semitrailer off of the Chevy HHR.  Both Ms. Acosta and her daughter were pronounced dead at the scene of the accident.

No one was driving the semitrailer.  It had been parked on Mitchell Road Extended, but somehow rolled down Mitchell Street Extended, across South Gloster Street, and into the vehicle in which Ms. Acosta and her daughter were sitting.  Authorities are continuing to investigate the cause of the accident.

Given the nature of the accident, it could be that the brakes were not engaged by the driver or that the brakes failed.  Of course, there may be other causes of the accident, as well, and the authorities will continue to investigate what happened, as indicated above.

Truck accidents involving failed brakes are of two main types, and both can have a variety of causes.  One type of braking problem is the complete failure of the brakes.  Despite the infrequency of such an occurrence, the effects are absolutely devastating.  Total brake failure can result from in the air brake system of a semi-truck, which prevents proper operation of the air brakes.  Complete failure of an air brake or other braking system can also be caused by leaks in any of the multitude of hoses, pumps, and other components of the braking system.

Aside from total brake failure, inadequate braking capacity can cause accidents such as the one that killed Ms. Acosta and her daughter.   In incidents involving inadequate braking capacity, the brakes function but do not function properly or sufficiently. Many causes of inadequate braking capacity exist, including worn or missing brake components; worn tires; overheated brakes; improperly loaded trucks; or unequal pressure in tires.

No matter the superficial cause of brake failure, the actual cause is nearly always improper care in maintaining or loading a truck.  Accidents involving failed or inadequate braking capacity can be complicated to litigate.  Generally, experts are required to reconstruct the crash scene, to analyze the vehicles in question, and to analyze the maintenance history of the vehicle that caused the accident.  Additional experts may also be necessary to provide testimony about the nature of the victim’s injuries, his or her potential for recovery, and the economic damages the victim has faced and will fact as a result of the accident.

Determining who may be at fault for the accident can also be more difficult than it may seem.  For example, was it the driver, the company for which the driver was working or contracting, the maintenance worker servicing the truck, or the company that loaded the truck improperly?  In order to ensure complete recovery of all damages to which an injured individual is entitled, all avenues of liability must be explored.

These complexities necessitate retaining a law firm experienced in representing individuals injured as a result of trucking accidents.  Barrett Law, PLLC is that law firm.  Our firm has been representing the rights of individuals injured in trucking accidents for decades, and will continue to do so for decades into the future.  If you or someone you love has been injured as a resulting of a trucking accident, please contact our firm today at reached at (601) 790-1505 to schedule an initial, no-cost consultation.

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What You Should Consider When Hiring a Mississippi Personal Injury Attorney

 If you have been seriously injured in a car accident in Mississippi, you likely have conducted some research online in order to find an attorney to assist you.  Although sustaining injuries in a car accident is difficult enough, sometimes finding the right Mississippi auto accident attorney can become a rather formidable task.   In the Yellow Pages and on numerous law firm websites, many attorneys promise to deliver a multitude of results however, there is no way to tell whether they are being honest about their level of experience or not.  Additionally, many personal injury attorneys often state that they are “experienced” or “highly skilled” however, they have in fact only handled relatively few auto accident cases.

Overall, there are several important qualifications that an attorney should possess when representing clients in personal injury matters.  The following are some useful tips that you should consider when hiring a Mississippi auto accident lawyer:

  1. Hire an attorney who has significant experience in personal injury representation.  Only a qualified personal injury attorney has the skills necessary to handle your case, regardless of how challenging or complex.   To illustrate, an experienced attorney is in the best position to maximize your chances of recovering since they are familiar with the laws, the local courts and the judges.
  2. Ask family and friends whether they can recommend a qualified personal injury attorney.  Oftentimes, the best attorneys are those that build their businesses and their reputations by word of mouth.
  3. Only work with an attorney who will take the time necessary to explain everything about your case in a clear and concise manner.  It is never recommended that a person hire an attorney who cannot explain things in layman’s terms.  Essentially, the failure to understand various aspects of your case may affect your ability to make informed decisions throughout the pendency of your lawsuit.
  4. Do not hire an attorney who is not forthcoming about his or her fees. When working with an attorney, you should always be familiar with all of the court costs and associated expenses of your case.
  5. Do not work with an attorney that makes you feel uncomfortable or who seems impatient.  In other words, it is important to hire an attorney that is compassionate, patient, and aggressive – only when necessary. Sometimes, overzealous attorneys are just as ineffective as inexperienced ones.  Moreover, do not hire an attorney that fails to listen to you or to respect your decisions.  In other words, you, not your attorney, must make all of the final decisions in your case.

For more information, contact our Mississippi law firm to find out more about how we can help you.  We will take the time necessary to advise you of your legal options and help you make informed decisions about your case.  We look forward to providing you with superior legal representation.

 

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