Mississippi Automobile Accident Attorneys Discuss The Danger of Levees

One man died in a recent Mississippi motor vehicle accident involving a levee. It appears as though the man drowned after his vehicle slid down a levee into the Mississippi river, and he was unable to get it back up the levee. The accident happened near East Carondelet, at a time when the river was at an elevated stage.

Spring and fall often bring heavy rain to Mississippi. That rain often causes rivers and streams to flood, or, at the very least, to run very high and fast. Drivers should not operate their vehicles on or near levees because it is unsafe to do so. Levees are, by nature, unstable, and they can collapse. Floodwaters can also wash over the tops of levees, sweeping away vehicles, and anything else that is nearby.

Likewise, roads that are near rivers and streams can suffer damage during times when rainfall is heavy or frequent. In addition to floodwaters washing over the road surface, culverts and storm drains can fail or collapse. Scrutinize the side of the road as you drive along because road collapses often begin on the shoulder and can happen quickly.

When there is flooding, do not drive your vehicle on flooded roads. Water that is too high can enter your vehicle’s exhaust system and stall it, leaving you and your car at the mercy of the rushing water. Rain on the road obscures holes and other debris that can damage your vehicle. It could even conceal holes large enough for a car to fall through. Just six inches of water can disable many vehicles, and water that’s moving fast can sweep vehicles away quickly and without warning.

A good safety rule to follow is to avoid driving through water that you could not walk through. Also, avoid any water that is moving fast, even if it looks shallow enough to drive through. Moving water is a powerful force. If you see that the water is not moving quickly and it’s shallow enough to drive through, proceed slowly and carefully. Creep along at one to two miles per hour to start. As much as possible, drive in the center of the roadway because that’s the highest point. Once you have exited the water, continue to drive slowly and dry your brakes by tapping them lightly several times.

If you get swept up in floodwaters unexpectedly while you are driving, exit your vehicle if you can do so safely and get to higher ground. Do not try to restart the engine if it stalls; you could damage it severely. After your vehicle is recovered from the water, have it towed to a reputable mechanic and explain what happened- they’ll need to know that it was in a flood so they can repair it correctly.

If you were hurt or if a family member died in a Mississippi automobile accident, call the Mississippi Automobile Accident Attorneys at Barrett Law PLLC, at 1 (601) 790-1505, to learn more.

 

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Mississippi Workplace Accident Attorney Talks About Tree Work Accidents

Workers who deal with trees as part of their job are often exposed to the risk of injury or death. The trees themselves can pose a threat to safety as can the saws, trucks, and other equipment that people who work cutting, clearing, and otherwise managing trees use in their jobs. A recent death in Mississippi involved a MDOT worker who was doing tree work.

Tree work injuries and deaths are not the exclusive provinces of novice or undertrained workers. The man who was recently killed in a Mississippi tree work accident had twelve years of experience with the highway department. The accident is still under investigation, and information has not been revealed about how it occurred. A statement from the Mississippi Department of Transportation says that after a severe weather event, MDOT workers go out onto the roads to clear away trees so that traffic, including highway repair and other storm response vehicles, can get to the locations they need to reach. Tree work is vital to keeping highways clear and communities in working order.

Whether you are a tree trimmer for a state or local highway department, a bucket truck operator for a utility company, a logger, or someone else who does tree work, following safe work procedures can reduce the risk of accidents, injuries, and death. Unfortunately, investigations into some tree work injuries and fatalities reveal that those incidents may have been prevented.

One way to avoid injuries while working with trees is to stay clear of equipment that other people are operating. Trucks and other machines have blind spots, and some workplace injuries and deaths associated with tree work involve workers that got run over by a truck or other piece of equipment. If you are operating a truck or a piece of equipment, be sure that you know how to stabilize it and use it safely. Injuries and deaths can occur when trucks roll over because they have not been adequately secured. Steep slopes can cause skid steers and other equipment to roll over, injuring, or killing vehicle occupants. Know the limitations of the equipment that you are using, and do not operate it on slopes that it is not designed to handle.

Using safety equipment properly is key to preventing other tree work injuries and deaths. Also, regular maintenance and inspection of safety equipment are crucial to accident prevention, as some injuries and deaths have been caused by inadequate, broken, improperly maintained, or defective equipment.

Tree work can also be unpredictable because it is not always possible to completely control the movement of limbs, branches, and logs or the equipment that you are using to lift, lower, cut, and process them. Unfortunately, this means that not all tree work accidents, injuries, and deaths are preventable. Tree work has historically been a dangerous job. Though advances in safety equipment have made it safer, tree workers must maintain an awareness of the risks inherent in their work.

To learn more about how to file a workplace accident claim, call the Mississippi Workplace Accident Attorney at Barrett Law PLLC today, at 1 (601) 790-1505.

 

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Mississippi Personal Injury Attorneys Talk About Lung Illnesses Caused by Vaping

Over eight hundred cases of lung illnesses related to vaping and e-cigarettes are reported from across forty-six states. Twelve deaths across ten states have been attributed to e-cigarette or vaping-related lung illnesses. At least one of those deaths is said to have occurred in Mississippi.

Officials from the Center for Disease Control and Prevention (CDC) recently testified before panels in the House of Representatives regarding the illnesses, which they say are not yet connected with any particular e-cigarette brand or vaping product. Investigating the causes of lung illness in these patients is proving to be hard for doctors because there are many products available, and a variety of ingredients are used in those products. Also, some substances like marijuana, which are legal in some states and illegal in others, are sometimes included as ingredients in vaping products and e-cigarettes.

Individuals who are suffering from lung illnesses caused by vaping and e-cigarettes want answers about why they are sick. In addition to the difficulties mentioned above, clear answers may be tough to find because many people who use e-cigarettes or vaping products have tried numerous brands and varieties of them. Vaping products and e-cigarettes come in a dizzying array of flavors, formulations, and brands, and many people who use those products enjoy sampling different products.

Some of the people who got sick after using vaping products or e-cigarettes are not willing to disclose to their doctors that they use those products or use particular varieties of those products. Some of the products that have been used by both young users and users of legal age were purchased on the black market, where ingredient lists and product descriptions may not be wholly accurate or reliable.

Despite myriad difficulties in pinpointing the cause or causes of vaping-related illnesses and deaths, the CDC says it has been able to determine that the diseases appear to be caused by some chemical exposure. Multiple chemicals may be causing the illnesses, but one likely culprit that is causing at least some of them is Vitamin E acetate. Vitamin E acetate is an oil that is often used by manufacturers of cannabis-containing products to dilute the THC oil that the companies use to fill their cartridges. Vitamin E acetate is safe to use in topical products like skin creams, and it is safe to ingest in multivitamins or nutritional supplements. Health care professionals say the substance is not safe to inhale, and it may cause shortness of breath, chest pain, and other symptoms that correspond with the symptoms described by many of the patients reporting lung ailments in connection with e-cigarette or vape use. Samples of products taken from some of the individuals who have gotten sick from vaping or using e-cigarettes were tested by the United States Food and Drug Administration, which found Vitamin E acetate in approximately half of the product samples that contained THC.

The Mississippi Personal Injury Attorneys of Barrett Law PLLC have helped many plaintiffs and their families pursue claims for damages or losses in connection with all kinds of injuries. Call our office today, at 1 (601) 790-1505 to schedule a free, initial consultation.

 

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Experienced Mississippi Personal Injury Attorney Discusses Police Brutality Cases

No one old enough to witness video of the Rodney King beating can forget it. Sadly, I have seen similar injuries to clients caused by police. While clients often brought these injuries to me as potential police brutality cases, only a percentage of them ultimately ended up as viable claims. What is police brutality? Why aren’t all injuries caused by law enforcement officers considered police brutality? Clients frequently ask these questions, so I have written the following blog post, to provide an overview of Mississippi law regarding police brutality.  If you or a loved one was injured at the hands of law enforcement, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Police Brutality in Mississippi

Legally, police have the right to use the force necessary to subdue a person during the course of an arrest. The force must generally be proportionate to the offense, meaning that a police officer cannot use deadly force to subdue a person who does not pose a threat of public harm. But police officers can use tremendous, pain-inducing, and debilitating force in the course of an arrest if they view it as necessary. The U.S. Constitution’s Fourth Amendment prohibits “unreasonable seizures,” meaning that the level of force used in the arrest must not unreasonably exceed what was necessary to make the arrest.

Unfortunately, the law regarding police brutality is highly subjective. A police officer does not know whether a person is going to fight back during an arrest or whether he or she is armed. Accordingly, jurors usually find that any level of force that subdues the subject is reasonable. There are limits, however. Once a suspect is subdued, law enforcement officers cannot cause them further pain. Torture is clearly unreasonable under the Fourth Amendment. Recent examples of this sort of abuse are “rough rides” given to handcuffed defendants in New York City who were then driven erratically in the back of a van and were unable to prevent themselves from being tossed against the van’s hard sides.

Similarly, if police violence is motivated by racial or ethnic bias, it is also a violation of the arrestee’s constitutional rights. If a police officer uses racial epithets during an arrest or makes other demeaning comments, then you may have a strong claim for police misconduct.

What Should You Do if You are Arrested?

I always tell my clients the same things regarding arrests. First, do not resist arrest, even if you feel that the detention or its basis are illegal. If you resist, you may be justifying whatever violence ensues. Second, record your arrest. There is no legal basis to prevent you from recording your arrest. In this era of smartphones, every arrestee should document their arrest so that there is no subsequent confusion about whether there was justification for the force employed by the police. Encourage family, friends, and those nearby to record the arrest as well. Everyone enjoys a First Amendment right to record arrests.  Immediately following your arrest, contact a personal injury attorney.

 What Should You Do If You or a Loved One Has Been Injured as a Result of Police Brutality?

Police brutality can result in serious lifetime injuries and trauma. If you were injured as a result of police brutality, you will need the assistance of an experienced personal injury attorney to gather evidence from the scene, attain information regarding the officer’s discipline record, and fight the police union, which always mounts a vigorous defense of its members.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured by law enforcement. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Discusses Recent Incidents Regarding Secretly Made Audio-Tapes of Medical Procedures

There has been a recent trend in the news over the past year, where patients undergoing some medical procedure recorded the procedure while it was being performed. At the time of the recording, the patient was unconscious. At first, these recordings were often accidental and were the result of someone accidentally triggering their phone’s audio recorder before being sedated. Some of these unintentional recordings caught egregious comments by medical staff that insulted the sedated patient’s race, ethnicity, or body. That sort of statement gives rise to questions regarding the quality of medical care being provided. Once these recordings received media attention, people began to intentionally surreptitiously record their medical procedures to make sure that they were being treated with dignity while they were sedated. Several questions arise from this conduct, mainly, is this a legal act in Mississippi, and is it a good idea?

In this blog post, I will provide an overview of the Mississippi law regarding surreptitious or secret recordings of conversations. But recordings aside, if you or a loved one was injured while receiving medical care, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Secret Recordings in Mississippi

Starting at the beginning, Mississippi law allows anyone to make a recording of a phone call or conversation as long as he or she has the consent of at least one party to the conversation. Mississippi Code sec. 41-29-531. That means that if you participate in a conversation, you can choose to record it.

The question of covert recording becomes more complicated when you are present for a conversation, as you would be while a medical procedure is being performed on you, but you are not “a party” to the conversation going on around you because you are sedated. The Mississippi courts have not yet tackled this issue, but it is not difficult to foresee what the arguments would be. A medical professional would claim that you had no right to record a conversation going on around you if you are not a party to the discussion; moreover, he or she would likely argue that a conversation going on while you are sedated has no relevance to the standard of care you received. An injured patient would probably argue that he or she was “a party” to the conversation, just as a person is a party to a conversation even though they choose not to say anything during the discussion. Further, the patient would likely argue that medical professionals’ demeaning words are indicative of their attitudes toward the patient and the standard of care due to him or her. These arguments will be heard by the courts eventually, and I anticipate that the courts will find in favor of patients’ rights.

What Should You Do If You or a Loved One Has Been Injured as a Result of Medical Malpractice?

Digital recordings of conversations occurring during your medical procedure may be a vital piece of evidence if you need to go to court to attain your fair share of compensation for your injuries. But this is a small part of any medical malpractice case. Proving negligence, hiring experts regarding your injuries, and dealing with the defendants’ attorneys are other essential tasks that only a veteran personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains How You Can Collect Valuable Evidence After a Vehicle Accident

With the rise of smartphones, we all now have photography, videography, and recording equipment on our phones that rivals anything available commercially twenty years ago. That means that if you are in an accident, you can collect compelling evidence in real-time that might have otherwise been destroyed. But what evidence should you collect, and what steps can you legally take to obtain statements from other parties involved in the collision?

If you or a loved one was injured in a vehicle collision, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Good Evidence is the Key to a Great Case

A vehicle accident is a chaotic scene. Injured people, broken glass, traffic streaming by—it is a dynamic and wild environment. But capturing that scene through photographs, video, and audio recordings may prove the difference between being compensated for your fair share of your damages and receiving nothing at all. The problem is that immediately after an accident occurs, tow trucks move damaged vehicles off the roadway, witnesses drive off, and the injured parties are taken for medical care. Everyone’s memory of the scene simultaneously dims and gets tainted by their self-interest. That is why recording the aftermath of an accident is vital to proving your case. Even police officers who come upon the scene later will not have the same opportunity to document it that you will if you were involved in the accident.

Obviously, if you were injured in the accident, focus your energy on attaining immediate medical care. But if you are able, you should use your smartphone to document as much as you can. But what should you document?

Standard Information

Of course, you always need to attain the standard after accident information, including names and contact information for all parties involved, VIN numbers for all vehicles, and everyone’s insurance information. Use your smartphone to photograph all of these documents and then send them to yourself as an email so that they are effectively saved in two places.

Take Photographs

Take as many photographs of the scene as possible. You want a photo of every vehicle, from every possible angle. These photographs will become crucial evidence if the other driver refuses to admit fault or, worse, blames you for the accident.

Make Digital Video of the Accident

As soon as you get out of your vehicle, turn on your phone’s video camera. People often admit fault as soon as they get out of their car, saying something to the effect of, “I should never have turned in front of your car,” or “I shouldn’t have looked down at my phone.” These statements may be crucial to your case later. This video will also be vital to document the time of day that the accident occurred, weather and road conditions, and the degree of darkness.

No one has to make a statement to you, and you cannot make them make a statement. Similarly, you should refrain from making any statement about the accident, your role in it, or its cause.

What Should You Do If You or a Loved One Has Been Injured in a Vehicle Accident?

If you or a loved one was injured in a vehicle collision, you know that these accidents can require, expensive medical treatment and costly repairs to the vehicles involved. Inexperienced attorneys that do not deal with personal injury cases daily may lead you down a dead-end where you receive no compensation for your car accident. Don’t make that mistake—let experienced personal injury counsel take care of preserving your medical records, attaining expert medical opinions, and dealing with the defendant’s attorneys. These are essential tasks that only a veteran personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact our experienced Mississippi Personal Injury Attorney now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains What You Should Do If You are Injured by a Construction Vehicle

Mississippi’s climate allows for year-round construction to take place, both on our roads and on construction sites. Unfortunately, construction vehicles are a frequent cause of injury to motorists and pedestrians who come close to construction sites. If you are injured by a construction vehicle, you will need to seek medical help immediately, document the accident if you are able, and contact an experienced personal injury attorney.

If you or a loved one was injured by a construction vehicle, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What to Do After You or a Loved One is Struck by a Construction Vehicle

We have all heard that sound—beep, beep, beep—of a massive backhoe or bulldozer moving backward towards us. Construction vehicles require those annoying backup alarms because they are massive vehicles with limited visibility and a propensity to crush unsuspecting pedestrians and other drivers. While responsible operators drive many of these construction vehicles, others are not. Sleepy, drunk, and otherwise impaired driving is a problem in the construction industry, just as it is in the rest of our community. Other heavy machinery operators are not impaired but are operating a vehicle in tight conditions with insufficient visibility. Poorly loaded vehicles and inclement weather also frequently result in accidents.

Negligence in Mississippi

Merely being in an accident with a piece of construction machinery will not guarantee you compensation for injuries and damages related to the collision. To successfully attain your fair share of compensation, you will need to prove that the driver, the construction company, or the manufacturer of the vehicle was negligent. Negligent means that a third party had a duty to reasonably protect you from harm and failed to meet that duty. It can mean that the driver was not appropriately trained, was under the influence of a controlled substance, or drove the construction vehicle in an unsafe manner. Additionally, the manufacturer could be to blame for selling an inherently dangerous construction vehicle, such as a vehicle that lacked adequate visibility or failed to have a backup warning alarm.

Steps to Take After an Accident

If you are physically able, take as many photographs as possible following an accident with a construction vehicle. Insurance companies frequently move in quickly following an accident and move or remove vehicles, destroying crucial evidence. Your real-time photos may prove to be vital to your case.

See a physician immediately. No matter how seemingly minor your accident was, see a physician immediately. First, you are likely in shock and are not a good judge of your physical condition. Second, even if you feel uninjured, you want a third party to document your physical condition immediately after an accident in case injuries arise later. Finally, most soft tissue, neck, and back injuries take days or weeks to develop, and you will want to make sure X-rays, and other documentation are made in close temporal proximity to the accident.

What Should You Do If You or a Loved One Has Been Injured by a Construction Vehicle?

If a construction vehicle driver’s negligence injured you or a loved one, you may require extensive, expensive medical treatment and can result in years of trauma and lost income. You likely need a new car. Loss of work may imperil your lifestyle and livelihood. Tragically, inexperienced counsel may lead you down a dead-end where you receive no compensation for your injuries and damages. Instead, let experienced personal injury counsel take care of discovering who is at fault for your burn injury, preserving your medical records, attaining expert opinions, documenting the accident scene, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Mississippi Personal Injury Attorney Jonathan Barrett will zealously represent you if you have suffered a serious injury due to negligence.  Contact Barrett Law now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Discusses When to Accept an Insurance Company’s Settlement Offer

Many people who have been in a car accident contact me to ask whether they should accept an insurance company’s financial offer to settle their case. My answer is always the same—not without the help of an experienced personal injury attorney. While there are some simple cases where the other driver’s insurer makes a reasonable offer, the vast majority of initial offers are too small to adequately compensate you for your injuries, your passengers’ injuries, loss of work, damage to your vehicle, and unforeseen medical expenses. Insurance companies know that after an accident, you are likely anxious to start repairing or replacing your vehicle, may be out of work, and need money. Many accident victims are eager to accept any payment, however inadequate.  This is a significant mistake, and attaining the help of a personal injury attorney can help you avoid it. Because I so often receive questions about settlement offers, I have written the following blog post to describe how I advise clients who have been involved in an automobile accident.

If you were involved in a car accident, you will need the help of experienced counsel to attain your fair share of compensation for your injuries, car replacement, and loss of work. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Should I Accept a Settlement Offer from the Insurance Company?

 You should never accept an insurance company’s initial offer to settle your case. Often, insurance companies will send injured parties a check in the mail because they know that accident victims often need money immediately to cover the costs associated with the crash. But if you cash that check, you are likely foreclosing any ability to get any more compensation and are waiving any future claims.  Don’t do it.

The problem with the insurance company’s initial offer is that it often fails to contemplate all of the expenses related to the accident. While it may replace your car and cover a night at the emergency room, those expenses are tiny compared to a lifetime of medical care that you may need to address a chronic neck or back problem that may arise months after the accident.  Similarly, an initial offer rarely compensates the victim for loss of work that may occur from migraines or headaches that often result from accidents.  Simply put, an insurance company’s initial offer is rarely worth considering, and is never worth considering until all of your injuries have completely healed, and you have been deemed healed by a medical provider. Up until that point, you cannot know whether your injuries are behind you or whether you will need a lifetime of expensive care to deal with their constant or periodic flare-ups.

While you should not accept an insurance company’s initial offer, you also cannot wait endlessly to decide.  Mississippi has a three-year statute of limitations, meaning you have three years from the time of your accident to decide whether to file suit against the person who injured you or your passengers.

What Should You Do If You Have Been in a Car Accident?

As I described above, if another driver’s negligence injured you or a loved one, you will need the assistance of a talented personal injury attorney to help you decide whether to accept an insurance company’s settlement offer or to press on and litigate to attain your fair share of compensation.  If you are in a car accident, you should seek immediate medical attention and then contact an experienced personal injury attorney.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you have been injured as a result of another person’s negligence. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Explains Pool Drownings

It is summer here in Mississippi, which means that everyone is spending as much time as possible floating in the pool.  There is nothing that I love more than the sound of children playing in the water, but there is nothing worse than the drownings that predictably occur each summer. Tragically, almost all of these drownings are preventable, and their cause is consistently some form of negligence on the part of the adults charged with protecting children from harm. In this blog post, I will describe the causes of drownings and what you should do, heaven forbid, if your loved one drowns in a pool.

If you have experienced the tragedy of a pool drowning, you will need to have experienced counsel help you attain your fair share of compensation for your loss. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What You Need to Know About Drownings

Ten people die every day in the U.S. in swimming-related drownings.  For every person that drowns, five more are hospitalized due to a near-drowning. Pools must be maintained so that they are safe, and there must be adequate lifeguard or adult supervision to keep children safe.  Many children are injured in pools that are not maintained adequately or lack sufficient signage to warn them of dangers related to diving into shallow water. Similarly, adults must be able to observe children playing above ground pools, as this pool’s construction often obscures the view of those charged with keeping children safe. Both indoor and outdoor pools must have filter caps and other suction devices that will not entrap children who often play near them.  Ladders must be solidly affixed to prevent unintentional slips and falls.

 Negligence and Attractive Nuisance

To have a successful claim against the owner of a pool, you will usually have to prove that he or she was negligent or that the pool was an attractive nuisance. “Negligent” means that the person had a duty to protect the public and failed to take reasonable steps to meet that duty, resulting in an injury. With pools, the responsibility to protect the public is quite high, as they are a known danger and are frequented by children who cannot adequately protect themselves.  Pool owners must reasonably maintain their pool and provide adequate supervision to keep swimmer safe.

An “attractive nuisance” occurs when a landowner owns something—here a pool—known to be attractive to children, that is a danger to children, that poses a risk that is difficult for children to comprehend fully, and that is not sufficiently guarded or walled off to protect children from hurting themselves.  This is why pools must be fenced off with a fence high enough to keep children from easily wandering into the pool. Similarly, a half-filled swimming pool is an attractive nuisance because children can easily climb into it, but may have great difficulty climbing out. The issue of “reasonableness” is often at issue in these cases, as parties rarely agree what is reasonable to prevent children from accessing a dangerous hazard.

What Should You Do If Your Child Has Been Injured While Swimming in a Pool?

As I described above, if your child or loved one was injured in a swimming accident, you will need the assistance of a talented personal injury attorney to demonstrate that the pool owner was negligent or maintained an attractive nuisance.  If your loved one was injured by or drowned in a pool, you should contact an experienced personal injury attorney immediately.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child has suffered pool-related injury. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Explains Jet Ski Accidents

In Mississippi’s hot summer months, there is nothing like skipping across a lake on a jet ski. These fast-moving, lightweight watercraft are the perfect vehicle for those who want the thrill of speed combined with jumping off of waves and making tight, high speed turns. But the very things that make jet skis thrilling also make them potentially deadly, especially when they are misused or by those that are too young or under the influence of drugs or alcohol. Sadly, many people are injured and killed by Jet Skis every year in the United States, and they or their loved ones must pick up the pieces from a fun day on the water gone awry.  If a jet ski driver injured you or a loved one, you are due compensation for injuries, loss of work, and other expenses you have incurred.

You will need to have experienced counsel help you attain your fair share of compensation for a Jet Ski accident. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What Are the Defining Aspects of Jet Ski Accidents?

A jet ski is a small, one or two-person watercraft.  The driver sits or stands on the jet ski, which has a powerful inboard jet motor and steering similar to a bicycle.  These watercraft have become increasingly user-friendly and easy to use. That said, they are also capable of reaching speeds of up to 60 miles per hour, making collisions involving them as dangerous as car accidents. They share many of the dangers of automobiles as well, with inexperienced and inebriated drivers both posing severe risks to themselves and those that share the water with them.

 

If you are injured in a jet ski accident, you should seek the help of an experienced personal injury attorney immediately. The majority of jet ski accidents are caused by “operator error,” meaning that either the driver lacked sufficient training or that he or she was struck by someone who lacked experience or was somehow incapacitated.  Accordingly, if you were driving and lost control of the jet ski, you may have been poorly trained to use the watercraft. A claim against the jet ski rental shop would have to show that they provided you with a vehicle without adequately warning you of its inherent danger.

Similarly, the jet ski’s manufacturer may have failed to adequately warn you and the rental shop of the dangers inherent in these watercraft. A legal claim based on “failure to warn” will be more akin to a products liability claim than a traditional negligence case.

Finally, if another driver strikes you, your claim will likely be more similar to an automobile accident case, where your attorney will have to prove the other driver’s negligence. This is particularly true if the person was under the influence of drugs or alcohol, where they can also be prosecuted criminally. If the person is found criminally to have been under the influence at the time of the accident, it will be far easier to prove your negligence case, which will be based on a lower standard of proof.

What Should You Do If You or a Loved One Has Been Injured on a Jet Ski?

As I described above, if you or a loved one was injured on a Jet Ski, you must contact a personal injury attorney immediately. You may have claims against the Jet Ski manufacturer, the driver that struck you or your loved one, and any dealer that sold or rented the Jet Ski to you.  These are important and complex decisions requiring the assistance of experienced counsel.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact us now at (601) 790-1505.

 

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