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How GPS Services Could be Used in an Accident Reconstruction

GPS devices are becoming more and more common, and you will find them in a large percentage of the vehicles on the road. While GPS devices are a great way to avoid getting lost in an unfamiliar city, not to mention a great alternative to trying to read a bulky map with letters so tiny only your fifth grader has eyes good enough to see it. GPS receivers have more recently begun to be used in providing essential data during an accident reconstruction.

If a GPS is being used at the time of an accident, then analysts can quickly find out the vehicle’s speed and position before, during and even after the crash. Such technology is possible because of the two dozen fully networked satellites which orbit the earth 12,000 miles up—thanks to the United States Department of Defense. In addition to a GPS receiver, many newer vehicles also have an event data recorder which will provide specific data from its rollover sensors and airbags.

How is This Information Useful?

It may seem that the information which could be extracted from your GPS following a crash would be meaningless, but, in fact, the opposite is true. Suppose you are driving along safely at the posted speed, when from out of nowhere a car slams into you because of a distracted or negligent driver. You think the resulting insurance claim will be a piece of cake—after all, you did nothing wrong. Next thing you know you are shocked to hear that the other driver is claiming you were the one at fault. Assuming there were no eyewitnesses, how will you prove that you were not the negligent party? This is where your GPS could turn out to be invaluable in proving your speed at the time of the crash, the exact time the accident happened, and your exact location and direction you were traveling when the accident occurred. The other driver may be claiming you were exceeding the speed limit, or turned unexpectedly, leaving it up to your GPS to prove otherwise and back up your statements.

Keeping a Log of Events

Even if you have a GPS of your own, don’t assume that will exonerate you from claims of negligence. Just as in any accident, you should definitely call the police so you will have a written police report of the events, tend to your injuries or those of your passengers and call your insurance company as soon as possible. After taking care of those crucial tasks, if you are able, take photos with your cell phone or a camera of the scene of the accident, the damage to your car, and the damage to the other car. Make sure to include landmarks around the accident scene for reference points. If there were witnesses to the accident, take the time to get their names, addresses and phone numbers. Once witnesses have left the scene without you recording their information, it is unlikely you will ever be able to find them should you need their statement later on. If you were injured in the accident, make sure you document every single medical issue you’ve had as a result of the accident, even if it is only a headache from a bump on the head. You never know what will turn out to be critical evidence in a claim, so assume it is all critical.

Getting Legal Help

If you’ve been involved in an accident with injuries or significant damages, it can be extremely important that you get an experienced attorney on board as soon as possible. You are entitled to compensation for your injuries, medical expenses, time away from work and pain and suffering, and your GPS may be the one piece of evidence which ensures you get that compensation. Let your attorney know that your GPS was operating at the time of the accident, then let him take care of your case while you take care of yourself and your future.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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Mississippi 18-Wheeler Under-ride Accidents

Semi-truck trailers are naturally higher than the average passenger car, meaning that should a car collide with the rear of the trailer, it could slide under the trailer, causing serious injuries and death from decapitation. Unfortunately, rear-end collisions are not all that uncommon, and are often not the fault of the driver of the passenger vehicle. Because of this, there is a simple modification that the manufacturers and owners of big rigs can make, but few of them have taken the time to correct this hazard which could prevent a simple rear-end bump in from turning into a fatality.

Under-ride and Injury Severity in Real Crashes

While any collision between a passenger vehicle and a large truck is a risky event, under-ride makes death or serious injury much more likely as the upper part of the car will crush as the truck body intrudes into the vehicle’s safety cage. Rear guards are the primary means of reducing under-ride accidents. About 425 people driving passenger vehicles die each year when their vehicle strikes the back of a truck, and it is estimated that at least half of those were due to an under-ride which could have been prevented. Even though the front end of passenger vehicles are specifically designed to minimize injuries to the occupants, should your vehicle strike the back of a big truck without an under-ride guard, your chances of walking away are not good.

Factors at Play in a Mississippi Under-ride Accident

There are many factors involved in a serious under-ride accident, however the most common are inclement weather, driver carelessness, poor road conditions, poor road lighting or a truck driver making a wide turn or a u-turn. Fog and snow can mask the light color of many trucks, and poor lighting can form a sort of camouflage, especially on silver trucks. During nighttime hours a lack of lighting in the evenings can make it difficult to see the outline of a dark-colored truck trailer, making it nearly impossible for the driver of the passenger car to stop in time to avoid an under-ride. If the driver of the passenger car is momentarily inattentive they may miss seeing a truck which is inadequately pulled off the side of the road, or if the truck driver is inattentive he may brake suddenly, causing the car behind to collide.

When there is No Under-ride Guard or it Doesn’t Meet Safety Standards

Many of the under-ride accidents documented regarded trucks and trailers which were “exempt” from the necessity of installing the guards, or when the guards installed failed. Guard failure could be due to the attachment between the guard and the trailer being overly weak, or when the attachment between the guard’s supports and the trailer broke due to insufficient welding or bolting. In some instances the under-ride guard remained attached to the trailer, but the trailer chassis buckled, rotating the guard up. Other vehicles were simply exempt from having under-ride guards, including trailers which had the rear wheels set closely to the back of the trailer, or trucks with a cab and cargo body on one chassis. Dump trucks were a well-known hazard in this class, as few possess an under-ride guard, yet many are involved in fatal under-ride accidents.

If you or a family member has been injured in an accident involving a Mississippi18-wheeler, especially if the truck driver or his faulty equipment was at fault, you should contact our law firm to speak with a Mississippi truck accident attorney who is familiar with the laws governing the operation of commercial vehicles. Under-ride accidents are preventable, and if the trucking company or owner was negligent in the installation of guards, then an attorney from our law firm may be able to help you recover your losses for injury or death.

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Mississippi Facial Injuries That Result From Serious Auto Accidents

The leading cause of facial trauma is auto accidents. Any auto accident can result in minor to serious injuries, leaving you with substantial medical bills, time away from work, pain, and possibly even emotional trauma, depending on the nature of the injury. Facial injuries in particular can have significant impact on your life and your future.

The Aftermath of Facial Trauma

Should your facial injuries be relatively minor, time and proper medical care can leave your face looking relatively normal. More severe facial injuries can result in psychological trauma and lifelong issues. After all, our very identity is tied to the physical appearance of our face, and when that appearance is altered during an accident, the emotional aftermath can be profound. Serious facial lacerations and injuries can leave you permanently disfigured, resulting in a disability which is not only financially costly, but also emotionally scarring.

Types of Facial Injuries

There are many commonly experienced types of facial injuries following an automobile accident such as bruising, fractures to the facial bones, deep cuts and lacerations which result in significant scarring, burns to the face, nerve damage, chipped and broken teeth, and the loss or damage to one or both eyes.

Treatment of Facial Injuries

Because our society is so focused on appearance, facial injuries can be difficult to overcome. Often, numerous surgeries are necessary to repair maxillofacial trauma, and many times a full recovery will not be possible. Aside from altering your looks, facial trauma can cause problems with breathing, eating, talking and vision, and in some extreme cases can affect the nerves which lead to the brain. Your immediate emergency treatment following an accident will first address the most immediate concerns such as controlling the bleeding, alleviating the pain and taking steps to prevent infection. Care will be taken to minimize scarring, and you will likely be referred to a maxillofacial surgeon who will do his best to ensure a favorable outcome. The specialist will probably x-ray the affected areas, or perform a CT scan, then once the best treatment is determined, he will walk you through the recovery process.

Airbags as a Cause of Facial Injuries

Although airbags do a good job of protecting those involved in a car accident, and, in many cases, save lives, they can also be the cause of facial injuries and head trauma. Your face is comprised of fourteen bones which make up the jaw, nose and skull, and in most auto accidents, your nose is in the most vulnerable area since it protrudes from your face. Noses are often broken when the airbag deploys which can result in a disfiguration of the nose as well as possible obstruction to the nasal septum which could potentially cause breathing difficulty. Other injuries commonly seen when an airbag deploys following an accident are loss of teeth, cuts and bruises, broken jawbone, fractures to the facial bones and brain trauma.

Why You Need a Mississippi Personal Injury Attorney

If you suffered scarring or disfigurement as a result of your auto accident, you need to contact an experienced Mississippi personal injury attorney who can help you obtain a fair settlement for your physical pain and your psychological pain as well. Some insurance companies may refuse to pay for cosmetic surgery which can reduce disfigurement and you will need a solid advocate in your corner to deal with this refusal. You will likely have time away from work, and mounting medical bills since plastic surgery is very expensive. The pain and suffering caused from dealing with substantial facial injuries can be extremely extensive and hard to get over.  You deserve the very best chance to recover the face you had prior to the accident, and the negligent party should be made to pay for your accident.

Call our law firm to discuss your case an experienced Mississippi personal injury attorney today.

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Getting Compensated for Your Chronic Pain Following an Auto Accident in Mississippi

An auto accident occurs in the United States almost every sixty seconds. Although this figure encompasses fender benders as well as serious and fatal accidents, you can see that your chances of being involved in an auto accident are actually quite high. While the injuries from such accidents can vary widely, most of the time there is pain involved. The “typical” car accident moves the human body in a violent manner resulting in head trauma, fractures and soft tissue damage to muscles, ligaments and tendons. While a car is specifically designed to withstand an accident to the fullest degree possible, the human body was never meant to be slammed around within the confines of an automobile.

How Often Does Chronic Pain Occur?

Chronic pain following an auto accident is relatively common, and research states that individuals are more likely to suffer from chronic pain than any other form of traumatic injury. In fact, being in a car accident places the average person at an 85% increased risk of traumatic pain as compared to others who suffered a work injury, bone fracture or hospitalization unrelated to an automobile.

Pain is Difficult to Quantify

Pain can be an extremely difficult thing to prove, since an injury which results in excruciating pain to one person can seem relatively mild to another. The person who is suffering the pain can become frustrated when others fail to understand the extent of the pain they now live with day in and day out. For the person who is suffering from pain following a car accident, this pain is extremely real and extremely debilitating. Medical professionals define chronic pain as any type of pain which persists longer than the normal healing process for a specific injury or disease. While the diagnosis may be problematic, chronic pain requires a definitive treatment plan.

Types of Injuries Which Can Lead to Chronic Pain

Whether your original injury was mild or severe, you may experience constant or intermittent pain long after the injury itself has healed. This pain can vary in intensity from mild to unbearable, and can have a significant effect on quality of life and day-to-day activities. There are several types of injuries which are more likely to lead to chronic pain, the first of which is a traumatic brain injury. Brain injury victims can find their life suddenly compromised by constant headache pain which can range from a dull, achy throb to a searing pain which can actually cause the victim to become suicidal. The only treatment available for the intense head pain which follows a brain injury is medication.

Spinal cord injuries which do not result in paralysis can lead to back pain which is so intense that it colors every aspect of the victim’s life. Pain from injuries such as this can include specific exercises, stretching and medication. A bone stress or fracture which results from an auto accident can cause the bone to infect or mend improperly, both of which can cause the victim to have a dull, constant pain in that particular area. The only treatments are surgery—which may or may not work—and medication.

Getting the Help You Need

If you are the victim of a car accident and are still experiencing chronic pain, remember—you did not ask to be in an accident. If the accident was due to another’s negligence, it can be even harder, mentally, to deal with your debilitating pain. Sufferers of chronic pain need help paying their medical bills and lost wages, but can run into opposition from insurance companies who may deny the claim, believing it is not legitimate. A knowledgeable Mississippi auto accident attorney can be your best advocate during this time; he or she will investigate the extent of your injuries and chronic pain, and then aggressively fight on your behalf for the compensation you need and deserve.

Call us today for a free initial consultation.

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Hard Evidence—Taking Photos Following Your Mississippi Auto Accident

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Photographs can literally mean the difference between receiving a fair settlement for your auto accident—and not. Photos clearly show the facts surrounding a case without the inconsistencies of human memory. Many times following an accident everyone involved in the accident has a different accounting of the sequence of events or who did what. Photographs can assist you in proving your report of the incident, allowing you to get an equitable resolution which will cover the damages and injuries sustained in your car crash.

Taking Photos after Your Car Collision

While your first order of business following your auto accident is to get appropriate medical care, the next thing you should think about is making sure the evidence is properly preserved in the event you find it necessary to file a lawsuit to recover damages. If you’ve determined you do not need to go to the hospital (make absolutely certain you are not hurt, otherwise should you determine injuries later they may not be covered because you said you were okay) then spend the time while you are waiting for the police to take accident photographs which will allow you to explain to the insurance adjuster much more efficiently.

What Should I Photograph?

Once you have your camera or cell phone ready, take photos of your car and the damage it sustained. Try to get several photos, from different angles, and watch out for the glare of the sunlight which can obscure the damage you are trying to capture. Take close-up shots at about 3-5 feet, then from further out at about ten to fifteen feet. Try to keep a landmark in the photographs. If you are limited in the amount of photos you can take, be careful to get the ones you need the most—the ones which tell the story of what happened.  Next, take photos of the car which hit you in case the driver later tries to say there was more damage than you actually observed.

If the accident took place at a road intersection, take photos of it in case you have to explain to the insurance adjuster just how it happened. Include the street name in the photo and any other traffic signs which are close to the scene of the accident. If there were any skid marks, be sure and take photos, or if there were no skid marks you could still take photos of the lack of skid marks to show the other person didn’t even try to brake before hitting you. Finally, if there were injuries to the people in your vehicle, document the cuts, bruises, swellings and marks to you or the passengers. Take photos close up and a few feet away.

More Reasons to Take Photos

Having photos which clearly document your accident can actually speed up the settlement process and aid you in filing your initial claim. No matter how small or insignificant the damage or evidence appears to be, photograph it anyhow as insurance against the unexpected. Don’t forget to take photos of the inside damage to your car as well, such as a broken or damaged stereo. If you have concise photos, your adjuster will probably have to spend less time asking you questions.  If you end up hiring an attorney to litigate your accident, the photos will be extremely beneficial to a positive end result.

In addition to taking photographs at the scene of the accident, it can be extremely helpful to keep a daily journal or log which records the pain you experience following the accident. You can also jot down any expenses incurred from the car accident including prescription costs, or any way the accident causes changes to your regular standard of living. Contact a Mississippi personal injury attorney from our law firm soon after your accident so we can give you more advice on what you need to document and build a strong case on your behalf.

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Determining Negligence in a Mississippi Pedestrian Accident

When a pedestrian is struck by a car, the results are usually catastrophic, resulting in serious injuries and death. Even though state laws do their best to protect pedestrians and keep these traumatic events from happening, in the United States alone over 5,000 pedestrians are killed and 64,000 injured each year from being hit by an automobile. These figures average out to one pedestrian being hit every eight minutes, and a life lost every 120 minutes. A pedestrian is simply no match for a car, which can be several thousand pounds of metal and glass. Even though the passengers and driver inside the car are fairly well protected, the pedestrian is totally vulnerable to serious injury.

Who Has the Right-of-Way?

Generally, pedestrians are considered to have the right-of-way, although this is not absolute, and there are certainly times when pedestrians ignore not only the traffic signals, but their own safety as well, crossing the road in a manner that makes avoiding hitting them next to impossible. This type of behavior on the part of pedestrians is, however, the exception rather than the rule. Drivers are expected to approach pedestrian crossings with extra caution and to adhere to specific safety measures, most especially when the pedestrian is clearly visible and is within ten feet of where the vehicle will be turning. Drivers should always slow down—stopping if appropriate—and yield the right of way to pedestrians, and should take special care to be extra alert in areas where pedestrians are common. As an additional caution, a vehicle is not permitted to pass another vehicle which has stopped to allow pedestrians to cross.

Proving Negligence on the Part of the Automobile Driver

In order to establish negligence on the part of the driver who struck a pedestrian, the pedestrian must prove that the driver not only owed a legal duty to the pedestrian under the specific circumstances, but that they breached that duty through negligent or reckless conduct or action—or through a failure to act. The pedestrian must also prove the actions of the auto driver caused the accident which injured the pedestrian and that the pedestrian suffered injury or harm as a result. The facts will be closely analyzed in each accident involving a pedestrian, and it may turn out that more than one person was legally responsible for the accident and resulting injuries. This could be true in a case where a sidewalk, roadway or parking lot where the accident occurred was not properly maintained or marked or if the pedestrian was also at fault.

Automobile Driver’s Duty of Care

Those who operate automobiles are charged with exercising reasonable care under specific circumstances. Some of the factors which commonly contribute to driver negligence include inattentive drivers, a driver’s failure to obverse posted speed limits or yield the right-of-way at marked crosswalks, a driver’s reckless disregard for traffic signs or signals, failure by the driver to signal a turn, a marked disregard for weather or unusual traffic conditions, or driving under the influence of alcohol. Additionally, drivers owe a particular duty of care to small children—those between the ages of 5 and 10 are the most likely to be hit by a car as they are smaller, less visible and often exhibit unpredictable behaviors. The mere presence of children is a warning to drivers to exhibit particular care and hyper-vigilance. If a driver is in the vicinity of a school or in a residential area where children are known to play, extra care must be taken to avoid hitting a child.

Hiring a Personal Injury Attorney

If you have been the victim of a pedestrian-car accident, it is likely that you are struggling to pay your medical bills. You may even be unable to return to work, and find yourself unable to provide for yourself and your family. It is imperative that you retain a knowledgeable personal injury attorney who can protect your rights and get you the help you need following your accident with injuries.

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Distracted Driving as the Leading Cause of Auto Accidents in Mississippi

Distracted Driving as the Leading Cause of Auto Accidents

Any time a driver on the road is paying attention to anything other than the road and the traffic around them, they are putting themselves, other motorists and pedestrians in danger. Although cell phone use and the practice of texting is in the news constantly as a cause of auto accidents, in truth there are plenty of other lower-tech distractions which cause as many, if not more, collisions. Consider the person who just spilled hot coffee in their lap or dropped something on the floor and bent down to pick it up—while driving. According to a study done by the Network of Employers for Traffic Safety, these two things are actually among the most common distractions drivers suffer. Still, cell phones are definitely a distraction—and a danger. Experts believe that those who regularly talk on their cell phone while driving are as much as four times as likely to have a car accident.

More Incidences of Distracted Driving

Unfortunately, our lives are so incredibly busy, that many people almost feel as though they live in their car. They eat breakfast in their car on their way to work, attempt to re-set the GPS, fiddle with the radio, and even put on makeup, shave and read while commuting to work. Parents find themselves turning around—while driving—to see what’s going on with the kids in the backseat, or attempting to put a bottle or pacifier into the mouth of a crying baby.  If you’ve ever passed a car where a woman was applying mascara, using the rear-view mirror, while navigating a busy city street, you probably were very alarmed—and with good reason. People who regularly eat in their car, also regularly spill, then their attention is completely consumed with cleaning up the mess from their clothing or the upholstery.

Types of Distractions

Generally speaking there are three main types of distractions, including visual, manual and cognitive. Visual distractions occur when you take your eyes from the road—most distractions tend to be visual in nature. Manual distractions occur when you physically remove your hands from the wheel of the vehicle, and mental or cognitive distractions happen when your mind is anywhere but on the task of driving.

Many forms of distractions encompass all three of these—if you are texting your husband while driving, you are visually distracted as you glance back and forth at the screen, manually distracted as you use your fingers to type, and cognitively distracted as your mind is on what you are texting rather than watching the road. If the kids are screaming in the back seat and you turn around to swat one of them, again, you have engaged in all three types of distraction—at the same time. Even daydreaming as you drive home from running errands can be a significant distraction, and can lead to an accident.

How Many Accidents are Caused by Distractions?

Because many people don’t want to admit they were applying makeup or texting when they crash into the car ahead of them, it’s hard to get solid statistics on just how many accidents are caused by distracted drivers. Research indicates that the number could be as high as fifty percent of all accidents being directly related to driver distraction—a number that truly boggles the mind. Teens especially are among the worst offenders for talking and texting while driving, although the newest phones have technology which actually shuts the phone down when it detects the motion of the vehicle.

Contacting an Attorney

If you’ve been injured in an accident due to a distracted driver, it’s important that you contact an attorney who can work aggressively to get you the settlement you need and deserve while you work on recovering from your accident and resulting injuries.

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Mississippi Potholes More Than a Minor Nuisance

Many in Mississippi do not realize the serious danger that can be posed by potholes, particularly to those on motorcycles and bicycles or pedestrians.  Potholes can be as a big as a foot wide and several feet deep.  Even if you slow down to go over one, a pothole can cause a motorcycle or bicycle to tip over or a pedestrian to trip and fall.  The danger is amplified if you do not see a pothole.  The impact with a pothole on the tire of a car, truck or SUV can cause a tire blowout resulting in loss of control of the vehicle or even a rollover accident.

Potholes are typically caused by several factors such as constant driving over a tear in the asphalt or weather elements such as sleet and hail.  Rainwater is one of the biggest factors in creating potholes and causing them to expand in size.  Public entities like municipalities are typically responsible for repairing holes and cracks in streets promptly to prevent them from becoming potholes.  Because some cities do not repair the potholes littering their streets, pothole accidents are on the rise.

Potholes can have a substantial impact on a vehicle causing a tire blowout and/or loss of control of the vehicle.  Studies have shown that going over a pothole unexpectantly is like having a car hit you at over 30 mph.  This impact can result in a motorcycle or bicycle falling over resulting in catastrophic injuries or the driver of a car or SUV losing control of the vehicle.  The results of a pothole accident can be catastrophic injuries or even death.

Motorcycle accidents and bicycle accidents caused by potholes are extremely dangerous.  Because these vehicles have only two wheels, they are ill-equipped to handle going over a pothole at a high speed.  It is also important to realize that buses, trucks, minivans, and SUVs are at risk as well.  Even a larger vehicle can have its suspension, steering or tires damaged resulting in the loss of control of the vehicle and serious pothole accident related injuries.

Anyone who is aware of potholes should take pictures of the potholes in their neighborhood and surrounding areas.  It is important to make the city aware of such potholes so that they can be repaired which may prevent pothole accidents that can cause serious injuries or wrongful death.  If you have informed the city of potholes in your neighborhood, you should keep detailed records of any correspondence with city officials.  If you or someone you love is involved in a motor vehicle accident caused by a pothole, the photos and records of correspondence provide important evidence of the public entity’s knowledge of the hazardous pothole.

To reduce your chances of being a victim in a pothole accident, you should slow down and drive carefully over any potholes.  If you or someone you love suffers serious injury or wrongful death in a pothole accident, you should promptly contact a Mississippi personal injury attorney specializing in motor vehicle accidents.  At the Barrett Law Offices PLLC, we have roots that extend back over 75 years representing injury victims in Lexington and throughout Mississippi.  We offer a free initial case evaluation so that we can provide candid legal advice so call us today at (662) 834-2376.  NO RECOVERY NO FEE!

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The Potential Legal Complications of a Multi-Car Accident in Mississippi

A multi-car accident is any accident which involves three or more vehicles, including motorcycles, trucks or passenger vehicles. Because there was likely an underlying cause which initially caused the crash, a multi-car crash can be a nightmare on many different levels. Dealing with your insurance company will be much more complex, and you may find it harder to pinpoint who the negligent party actually was, meaning it may be more difficult to prevail in a personal injury case. If you have been involved in a multi-car accident, it’s important to get experienced legal representation as soon as you possibly can.

What Caused the Accident?

The cause of a multi-car accident will likely be the same as in an accident involving two cars. Human error could be a cause of the accident, or it could be attributed to driver fatigue, driver distraction, drunk driving, mechanical failure, inclement weather or sheer recklessness. Many multi-car accidents happen on freeways when cars are driving too fast and too close to one another. When a car stops suddenly way up the road, the cars behind don’t have enough reaction time to avoid an accident.

Who Will Be Liable for the Accident in Mississippi?

Determining the level of responsibility for each driver involved will be an extremely complicated and ultimately incredibly stressful process. Each driver will have a different version of the car crash, and there will be much more data to factor in. A report from the police departmetn is critical even if the police decline to state which driver was at fault. The police report will, at the very least, state the details surrounding the accident such as weather and road conditions, time of day, and approximate speeds the cars were traveling. If it is very obvious who was at fault, then that fact will be in the report.

Comparative vs. Contributory Negligence in a Multi-Car Accident

The fault in a multiple car accident will be determined through either comparative negligence or contributory negligence. If your accident falls under the laws of contributory negligence the person who was hurt in the accident is only be able to receive reimbursement for medical expenses if they did not contribute to the accident in any way. In other words, if you were speeding, therefore could not avoid a pile-up in front of you as a result of that speed, then you would be unable to get compensation. Under comparative negligence, liability for the accident will be weighed according to how much fault can be attributed to each driver, meaning your own damages could be reduced because you were speeding, but you would still be entitled to recover a percentage of the damages.

Whose Insurance Will Cover Your Medical Bills?

Insurance companies will be even more apt than usual to deny claims or point the finger of blame at everybody other than their own insured in a multi-car accident. Remember not to admit fault in a multi-car accident even if you feel the blame was yours. Get medical attention immediately for any injury, no matter how small, as this will weigh heavily when your attorney is negotiating with the insurance companies.

Why Do I Need a Mississippi Accident Attorney?

Sorting out the complicated mess of all the parties involved may involve accident reconstruction, securing witness statements and considerable amounts of investigation. There will be extended communications with the various insurance companies and drivers involved in the accident. While law enforcement personnel may cite the individual drivers if it is readily apparent who was at fault, many times they will simply let the lawyers figure it out. Finding who is at fault can be almost impossible which is why you need an attorney who will defend your rights and aggressively prove your lack of fault or reduce your liability in any way possible. The statute of limitations in multi-car accidents can actually be as short as thirty days, and it is wise to allow your attorney to navigate the complexities and be responsible for meeting critical deadlines.

At Barrett Law, PLLC, a dedicated Mississippi accident lawyer from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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Understanding Liability of Bars for Mississippi Drunk Driving Accidents

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Most states including Mississippi have dram shop laws that provide limited immunity from liability for auto accidents caused by patrons of bars and restaurants.  Some states also impose liability under similar circumstances on social hosts, but Mississippi is not one of those states.  These laws also impose liability in particular circumstances on those who furnish alcohol to drivers who are subsequently involved in drunk driving accidents.  The Mississippi dram shop law imposes liability on bars, restaurants and other businesses that serve alcohol to drivers who are visibly intoxicated or underage.  A recent Mississippi appellate case Robinson Prop. Group, Ltd. P’ship v. McCalman, 2011 Miss. LEXIS 19 (Miss. Jan. 13, 2011) provides insight into the complex factual inquiry that may be involved under the Mississippi dram shop law.

In McCalman, the defendant was a casino in wrongful death lawsuit brought on behalf of two passengers in a car that died when a drunk driver struck the car. The trial court held that the casino was liable because the drunk driver had been served alcohol at the casino before the car accident.  The appellate court analyzed the trial court’s imposition of liability on the casino under Mississippi’s Dram Shop Act, Miss. Code Ann. 67-3-73(4) (2005) that required proof that it served alcohol to the driver when he was visibly intoxicated.

Although the casino presented evidence that it had trained personnel who would have detected the driver’s intoxication, the casino was busy before the driver left the casino.  The heirs’ of the Mississippi wrongful death victim provided testimony from an expert witness who offered an opinion that the driver’s blood alcohol content was high enough that trained personnel should have spotted his intoxication.  The casino’s expert also acknowledged that the driver would have been intoxicated within the half-hour after he left the casino.

Mississippi’s statute commonly called the Dram Shop Act, according to its title, provides immunity from liability of persons who lawfully furnished or sold intoxicating beverages to one causing damage.  The statute includes the exception that the limitation of liability provided by this section shall not apply to any holder of an alcoholic beverage, beer or light wine permit, or any agent or employee of such holder when it is shown that the person making a purchase of an alcoholic beverage was at the time of such purchase visibly intoxicated. Miss. Code Ann. 67-3-73(4) (2005), Robinson Prop. Group, Ltd. P’ship v. McCalman, 2011 Miss. LEXIS 19 (Miss. Jan. 13, 2011).

In McCalman, the driver was visibly intoxicated when the alcohol was purchased so liability against the casino was imposed under Mississippi’s dram shop act. For bar owners, this means that serving alcohol to a drunken person who then drives will expose the bar to negligence damages if there is in a Mississippi car accident resulting in injuries or wrongful death.  This case also reveals that the specific facts of the case are important in establishing that the driver whose intoxication causes a Mississippi accident was “visibly intoxicated.”  Both sides in this case employed expert testimony, which is common in dram shop cases.  Other evidence that may establish that a drunk driver was served when visibly intoxicated includes testimony of serving staff, surveillance video footage, credit card statements or bar receipts and other similar evidence.

If you or a loved one is injured or you have suffered the loss of a loved one to a drunk driver in Mississippi, you may be entitled to compensation for your injuries or loss.  The compassionate and dedicated attorneys at Barrett Law PLLC represent victims of Mississippi drunk driving accidents throughout the state.  Our law firm roots date back over 75 years in representing those who are injured or killed by the negligence of others.  A Mississippi accident attorney from our law firm can provide a free initial case evaluation when you call (662) 834-2376.

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