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A Future without Car Accidents? New Technologies have Potential to Eliminate Automobile Crashes

Automobile accidents claim the lives of over 40,000 Americans each year, making them the number one cause of accidental deaths nationwide.  Over 5,500,000 car crashes occur annually, sending millions to the hospital and costing both individuals and states across the U.S. astronomical sums.  Researchers are now speculating that in the future, we may live in a world without car accidents, or with at least a radically reduced number of crashes.  Cutting edge technologies could save tens of thousands of lives a year and alter the face of personal injury law as we know it.  Here is a look at a few new developments in the field of automobile engineering that could bring much needed change to the accident arena:

  1. Vehicle-to-Vehicle Communication – this evolving technology, known commonly as V2V, is undergoing testing by numerous car manufacturers. V2V technology is best illustrated through the following scenario: imagine you are approaching an intersection with a green light.  As you reach the intersection, another vehicle runs their red light and barrels towards you, as you remain unaware of the approaching danger. Your vehicle, however, is well aware and takes action to prevent the crash.  It provides you a warning signal then automatically brakes, and notifies the other car as well.  While this may seem like science fiction, it is in fact a scenario that will shortly become a reality.  V2V enables vehicles to emit and receive information from one another, such as speed, direction, and location.  This information will allow all motor vehicles to remain a safe distance from one another.  In fact, researchers estimate V2V will reduce crashes by up to 79%.
  2. Vehicle-to-Infrastructure Communication – linked closely to V2V, Vehicle-to-Infrastructure Communication, or V2I, allows cars to interact with the environment, including road signs, traffic, pedestrians, and traffic signals.  V2I will relay important safety information such as roadblocks or poor road conditions, allowing you to avoid potential hazards.  When combined with V2V, V2I communication will decrease accident rates by 81%.
  3. Self-guided Vehicles – the most technologically advanced and the greatest revolutionary potential lies with self-guided vehicles.  Self-guided vehicles are, as the name describes, vehicles that drive themselves.  These vehicles learn roadways and communicate with other cars or trucks on the road.  They require no input from a person in order to navigate roadways safely.  Though it sounds like a thing of fiction, this technology is well along its way in the development process.  Google engineers have been tested self-guided vehicles for years in California and Nevada.  Self-guided vehicles have the potential to eliminate 95% of all car crashes because they remove the element of human error, which is the largest cause of accidents nationwide.

In addition to saving lives, eliminating many injuries, and slashing financial costs, these emerging technologies in the field of automobiles hold the potential to completely alter the field of personal injury law.  Car accidents represent a huge portion of most personal injury attorney’s case loads.  While this sub-field of personal injury law may be severely limited, the potential for a rise in the area of defective products exists.  Self-guided vehicles, V2V, and V2I technologies all eliminate or limit human error as a cause of accidents.  However, accidents may still occur due to failing technologies.  More suits against car manufacturers for defective vehicles could occur in coming years.

Since 1936, Barrett Law PLLC has watched and been a part of many changes in the field of personal injury law, particularly automobile accidents. The attorneys at Barrett Law PLLC will provide you with excellence of legal services and unsurpassed skill.  We will also take the time you need during your first visit to our office with an overview of your legal options and help you to make informed decisions in your case. Call us today at 1 (601) 790-1505 to schedule a free initial consultation.

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Claims and Defenses Following a Car Accident in Mississippi

After you’ve been involved in an automobile accident, and filed all the necessary paperwork, you may be stunned to find the other party—or their insurance company—asserting they were not at fault, or, worse, that you were at fault. If what you thought was going to be a simple claim process has suddenly gone south, you will need some information about the process in order to determine what to do next.

The Defendant Asserts No Negligence Was Involved

Perhaps you have filed your claim under the belief the other person was either reckless or negligent, and he or she is now asserting they behaved in the same manner as any judicious person would have. The plaintiff (you, if you filed the suit) must prove negligence as a prerequisite to collecting damages, therefore if the defendant can show that his actions were completely normal and reasonable, your claim may die a slow death.

The Defendant Asserts That You Were the Negligent Party

If the defendant asserts that any of the negligence involved in the accident was yours, then he has created a certain level of defense, at least in the handful of pure contributory negligence states. Comparative fault regulations are generally the standard in most states, however, so this will not often work as a defense. In contributory negligence states, if any of the fault for the accident was yours, then it can be argued that your own negligence was also a factor in the accident thereby barring your right to recover any damages from the other driver.  In the comparative fault states, there will generally be a rule in place that allows you to sue if the other driver was at least more than fifty percent responsible.

The Defendant Asserts You Didn’t Fully Prove Your Case

As the plaintiff you have the weight of demonstrating negligence on the part of the other driver as well as proving that negligence caused you specific harm. In our system, defendants don’t have the responsibility of proving they are not responsible for an accident. If you are unable to prove the foundations of the case, then the other driver can be judged not liable.  It’s very important that you or your lawyer have all elements of your case firmly in place before it ever goes to trial, or you may find yourself unpleasantly surprised.

The Defendant Asserts Your Injuries are Not Real

If the other driver claims you are exaggerating your injuries from the accident simply for the sake of collecting compensation—and is able to successfully prove this assertion—he may be able to walk away without any responsibility for your accident and resulting injuries. Ensure you are able to prove your injuries are medically factual through doctor’s reports, hospital reports and any paperwork pertaining to medications you are on as a result of the accident.

In twelve specific states, a car accident lawsuit may only be brought if your injuries are deemed “serious” under the specific rules of the state. The theory in this law is to prevent the filing of lawsuits for relatively “minor” accidents. However, if you have suffered a “minor” injury as the result of a car accident, and that injury is causing you considerable amounts of pain, medical bills and time away from work, you may disagree with your state’s definition of “minor.” Because this process can be incredibly complex, and because you don’t want to end up in court only to have the defendant claim any of the defenses above, it is crucial that you hire an experienced personal injury attorney who will be aware of the laws in your specific state.

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Despite Improvements in Crashworthiness T-Bone Accident Still Serious Danger

The advent of side-impact crash tests began back in 1997 by the National Highway Traffic Safety Administration (NHTSA).  These tests involved only cars but grew to include pickup trucks, SUVs and vans. The test slams a barrier into the driver’s side of a vehicle at 38.5 miles an hour with a dummy in the driver’s seat of the car and another one placed in the rear passenger seat. The dummies are wearing their seat belts when the test is conducted.  The dummies are measured by instruments to see what, if any, injuries they sustained and then the car is given a crashworthiness rating in stars. The star rating goes from one to five stars, and the higher the star rating the safer the car.

While these tests provided valuable information about vehicle safety, the rising number of larger vehicles like SUVs and trucks led the Insurance Institute for Highway Safety to develop a new side-impact crash tests in 2003. These tests were thought to better predict a car’s safety when it hit by a larger vehicle such as an SUV. In some of the first crash safety tests conducted under this updated system, two out of twelve small SUVs were rated good and only two out of ten midsize sedans were rated good.

These tests were a little bit different than the old test in other ways also.  The barrier that struck the car was a foot taller (mimicking the height of an SUV), the barrier only struck at 31 mph rather than 38.5 mph, and the dummy was smaller (mimicking the size of a small women or teenager).  The dummy was smaller in order to test for the effectiveness of side airbags.

Changes Have Come

Side airbags are now all but standard on many of the new passenger vehicles on the market.  A substantial amount of these improvements are due to the testing that IIHS conducted starting back in 2003.  Impacts from side collisions can be especially devastating because there is no crumple zone like on the front and rear of a vehicle. The makers of automobiles also have done a lot over the years to actually strengthen the sidewalls of vehicles as well as installing side air bags.

The overall conclusion after analyzing crash data of the tests over a period of decades is that airbags and a vehicle’s structure work together to help minimize injuries in side-impact crashes. Without side airbags in a car, the chances of serious injury or death are greatly increased.  This is significant because 28.9% of all auto accidents in the U.S. and 20.9% of all fatalities are due to side-impact or T-bone accidents according to the NHTSA.  These accidents often occur at intersections where other drivers fail to yield or stop. The injuries that a person can sustain in side-impact accidents can be severe including spinal cord injuries, head injuries, brain damage, soft tissue injuries and broken bones.  If you have been injured in a side-impact (T-bone) crash in Mississippi, then you need the services of a good Mississippi personal injury attorney.  The experienced Mississippi accident lawyers at the Barrett Law Office have been representing T-Bone accident victims since 1933.  Our experienced Mississippi car accident lawyers offer a free initial case evaluation so call us today at (662) 834-2376.

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Avoiding Danger Posed by Mississippi RV Accidents

With camping season in full swing, many people throughout Mississippi are preparing their travel-trailer or RV for family getaways.  When a family hooks up a travel-trailer or fifth wheel trailer or packs the RV for a camping trip, it is usually the only time that the driver has been in control of a vehicle that may come close to the length of a tractor-trailer.  Although towing a fifth wheel trailer or RV requires very different driving practices and skills than driving a passenger vehicle, no specialized driver’s license or training is required.

When towing an RV or trailer in Mississippi, there are many potential factors that can contribute to a serious RV accident that are not present when driving a passenger vehicle including:

Blind Spots: The length of the vehicle creates larger blind spots and requires increased reliance on mirrors and more care in observing vehicles in adjacent lanes.

Turning Radius: The turning radius on an RV (motorhome) or fifth wheel trailer is much wider so that care is required to avoid hitting other vehicles, bicycles or motorcycles when the rear of the vehicle swings into the next lane during turns.

Decreased Visibility: The reduced visibility when driving an RV can greatly increase the risk of motorcycle accidents, bicycle accidents and pedestrian accidents because they can be difficult to see when driving a large RV.  If the vehicle does not have backup cameras there may be absolutely no visibility behind the RV or 5th wheel trailer.

Trailer Sway: When pulling a travel-trailer, the sway of the trailer can cause the driver to lose control of the vehicle, which may result in running of the road and being involved in a rollover accident.

Increased Stopping Distance: The increased weight involved with towing a trailer means that the following distance must be increased because there is less time to stop to avoid an RV collision in the event of a road hazard.

Negligence of inexperienced RV drivers or negligence of other drivers may cause Motorhome or fifth wheel trailers accidents.  These accidents may also be caused by defective parts or components that may create liability for the manufacturer or retailer of the RV or travel-trailer.

A motorhome or fifth wheel trailer accident may result in catastrophic injuries including traumatic brain injuries, spinal injuries, internal organ damage, broken bones and fractures as well as other serious injuries or wrongful death.  If you or someone you love has suffered serious injuries or you have lost a loved one in a Mississippi RV accident, you may be entitled to financial recovery for your injuries or loss.  The experienced motorhome lawyers at Barrett Law represent those injured in Mississippi trailer accidents with compassion and dedication.  We offer a free initial case evaluation so contact us today at (662) 834-2376.

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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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Addressing Loss of Future Earnings Following an Auto Accident in Mississippi

Perhaps you were one of the luckier drivers who were able to return to work shortly after your auto accident with little interruption in your work schedule. Unfortunately, many others who have been involved in car accidents are not so lucky and can face prolonged physical recovery which limits or prevents entirely their ability to return to work. In our uncertain financial climate, such a misfortune can put such a strain on family finances that many are simply unable to recover from. Medical bills continue to mount alarmingly, and regular bills are stacking up, unable to be paid.

What You Will Need to Recover Lost Wages

In order to successfully recover lost wages following your accident you must have documented income prior to the accident. The only exception to this is if you were a student working toward a degree before your accident, you may be entitled to lost wages based on what you would have earned once you finished your degree. Additionally, the wages you received before your accident must have been claimed as taxable income. If you suffered an injury as a result of the accident, it must have impaired your ability to work in your previous position, and finally a medical doctor must have the opinion that you have specific physical restrictions or disabilities. Should the doctor conclude you are totally and permanently disabled, then future lost wages are clear-cut, however if it is determined you are partially disabled or have restrictions which prevent you from continuing to do your previous job, you may still be able to recover lost wages.

What are Work Restrictions?

If you’ve been off work following an accident, you will probably be required to have your doctor sign a release which allows you to return to work. There may be certain restrictions on your work which your doctor will put in writing and you will take to the HR department or your immediate supervisor. Your doctor may specify that you be restricted to light duty work which limits the amount of weight you can lift. If your particular job requires you to lift and move materials, then your doctor may restrict the number of hours you can work each day. If there is no light duty work available at your workplace, then your employee will state this in writing for the benefit of the insurance company.

Your doctor may also state that you cannot sit in the same place for more than two hours at a time, or simply no long periods of sitting. If your job involves sitting in front of a computer for long periods of time, and that amount of sitting aggravates your injuries, then your doctor will provide more work restriction details. If your injuries were especially serious, then you may never be able to return to your previous job, which will have a major impact on your life and your future.

Document All Lost Wages

After your accident, while you are recovering from your injuries, it is crucial that you keep good records documenting your lost wages. You will need your employer to provide a letter which states the amount of time you’ve been off work, how much money you typically make per hour, or how much you make monthly, the number of hours you will typically work in a week, as well as any overtime you consistently work.  If you haven’t worked much overtime in the past, but you had agreed with your employer that you would be working overtime in the future, then your injuries prohibited that work, then this should also be included in your letter.

By the same token, if you were expecting a raise or a job promotion, then your employer should include this information in your letter, along with the specific details of how much more your paycheck would have been, or when the promotion was to take effect.  Remember  the wages you are claiming as lost are generally gross earnings as opposed to net, however if you are also claiming Worker’s Comp, it will depend on your state of residence whether you will receive net wages, gross wages or only a specific percentage of gross wages.  Keep careful track of all days and hours you have missed from work without pay, including sick days or vacation leave.

Lost wages are a very important aspect of your overall settlement for your personal injury claim; depending on the extent of your injuries it could be a long time before you are able to return to work, if at all. Your personal injury attorney is the best source of information regarding your claim for loss of future earnings, and it’s very important to follow all his or her advice.

We represent clients on a contingency fee basis so you do not pay until we recover compensation for your Mississippi auto accident.  An experienced Mississippi auto accident  lawyer at Barrett Law, PLLC offers compassionate and zealous advocacy for Mississippi accident victims so contact us immediately at (662) 834-2376 to learn how we can help.

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