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What Can You Expect After Being Involved In An Automobile Accident?

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Driving is an aspect of our lives, which the majority of us do almost every single day. Whether we are running errands, commuting to and from work, or even finally being able to head out of town for a well deserved vacation we are literally on the road a large part of our lives. Another aspect of our lives is that of accidents, which also occur every single day on some level or another. However, when you mix both driving and an accident what can you expect as a result?

Feeling The Pain of An Accident

The majority of the time when an automobile accident takes place either one driver, or both will be left with an injury of some kind. While some drivers are graced, and lucky to walk away with a few bruises, or scratches here and there others are left with broken bones, debilitating injuries, and can even be killed. Injuries ultimately come from what type of accident, or collision took place between the two motor vehicles. However, if you think that you got away from an accident without sustaining an injury of any kind think again. Sometimes individuals can suffer from severe pain, muscle and joint problems, as well as internal bleeding after being engaged in an automobile accident.

Making A Dent Not Only In Your Car, But Your Wallet As Well

Another aspect of automobile accidents is that of the financial consequences that result from the accident taking place. As previously discussed, automobile accidents and injuries go hand-in-hand, which will need to be properly treated. In order to get the injuries treated, however, individuals have to either use their health care plan, or unfortunately sometimes must pay out of pocket. Medical expenses can add up very quickly and leave many individuals in debt over time. However, don’t forgot you also probably now have a vehicle that has sustained damage, or has been totaled as a result of an accident, which either will be covered by insurance, or you will have to pay out of pocket.

When you are involved in an automobile accident whether you caused it or not make sure to contact an experienced automobile accident attorney today in order to fight for your case the right way.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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What Safety Features Actually Make You Safer?

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When we are behind the wheel of a motor vehicle our main concern and focus should be on getting from one place to the next as safely as possible. However, that is not always the case for the majority of drivers out there in the United States today. Accidents and mistakes are a common aspect of life. Yet, when you are involved in an automobile accident you face the risk of being seriously injured, and even killed. However, when it comes down to the actual safety features within a motor vehicle, which ones are actually helping fight for your safety?

Breaking Down That of Safety Features

 If you were to turn on the television right this moment it is certain that you would eventually come into contact with a motor vehicle advertisement of some sorts that describes a vehicle from the inside out, as well as the safety features within it. Many vehicles have safety features and installments that are suppose to be geared towards making you, and your vehicle safer. Unfortunately, not all of these safety devices, and features actually really do anything for you as a driver, or passenger.

What Safety Features You Should Be Familiar With

 Recently, a study was conducted by the Insurance Institute for Highway Safety, which brought to light what safety features were actually making a difference. The top safety feature that helps drivers the most is that of the Forward Collision Avoidance System. What this actually does is senses other vehicles, and objects around it and can help driver’s know when to slow down, or actually slows the vehicle down itself. With this safety feature, drivers are 14% less likely to be involved in the majority of car accidents.

Another safety feature that helps drivers are direction-shifting headlights. How this device works is that it actually helps driver’s visibility when approaching curves, animals, or other stationary objects. When these are installed within vehicles drivers are 10% less likely to be involved in an automobile accident.

Hopefully as we look to the future we can count on other safety features helping contribute to our safety. When a driver has one, or both of these devices installed in their vehicle they are significantly putting themselves in a safer situation every time they are behind the wheel of their motor vehicle.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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The Aftermath of Texting and Driving

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Driving is a very average part of life, which the majority of us are required to do each day. Whether we are commuting from work, to school, or running our various, yet never ending errands we seem to always be behind the wheel of a motor vehicle in order to do so.  However, behind the wheel of a car our focus is not always truly on the safety measures we should be taking, or watching other drivers in order to make sure that we are safe, but the majority of the time we simply are trying to process, and keep up with our busy day.

The Ideology Behind Texting While Driving

 Texting and driving is not a new concept today by any means. Many studies and research are beginning to state that the majority of accidents, and traffic violations today are due to cell phone usage behind the wheel of a motor vehicle. While many individuals believe that they are superb multi-taskers and can drive and operate their cellphone at the same time they are sadly mistaken. When you are focused not only on a conversation, but a conversation that requires you to use your hands and focus to type on buttons while you operate a motor vehicle the possibilities and results are catastrophic.

The Results of Texting While Driving

 Unfortunately, more and more individuals today are being touched in their lives by texting behind the wheel of a motor vehicle. One case truly shows what the effects of texting and driving can do to a family in the blink of an eye. A mother had recently had a baby, and was out running errands with her 5 year old, and newborn child while still on her maternity leave. The woman was running errands that day to get decorations for the Labor Day festivities that would be taking place at her home that weekend. However, as she was driving, a young white female began to veer into her lane, head-on, and crashed into the vehicle carrying the mother and her children.

Today, those two children will have to live without their mother for the rest of their lives thanks to the young woman texting while she was driving. Remember when you take your eyes off the road for just a moment, whether you are texting or not, you increase your risk, and the risk of others as well of being involved in a serious accident.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Cell Phone Bans Reduce Distracted Driving Accidents . . . Or Do They?

There is little dispute that cell phone use while driving is a substantial factor in many distracted driving car accidents in Mississippi. Federal agencies like the National Highway Traffic Safety Administration have even compared talking and texting on a cell phone when driving to driving while under the influence of alcohol.

Many states have attempted to address this danger by enacting bans and limits on the use of cell phones while driving. While it is reasonable to assume that these restrictions on texting or talking while driving would reduce car accidents, a puzzling study suggest that these laws have done little to reduce the number of cell phone related car accidents.  The study reported on CNN indicated that cell phone bans in three states and Washington DC have not had an impact on auto accident rates.

The researchers who conducted the study were puzzled by the results because there is a wealth of evidence indicating that cell phone use increases auto accident rates.  Further, the study found that cell phone driving bans did reduce the use of handheld cell phones while driving. Despite these findings, the accident rate in the states studied did not fluctuate before and after the ban nor was the accident rate for Washington DC different than that of Maryland or Virginia that do not have cell phone bans.

One theory to explain the unexpected results of this recent study is that many drivers continue to use Bluetooth devices in the face of a hands-free cell phone use ban.  Several studies have shown that there is no substantial difference in the danger posed by using a cell phone while driving whether one uses a Bluetooth device or a handheld cell phone.

Studies indicate that cell phone use while driving increases the risk of being involved in a collision by a factor of 400 percent.  It appears that the real problem is that the challenge in implementing bans on cell phone use is actually eliminating this driving distraction.  Because hands-free bans do not appear to be effective, it may take a complete ban on all cell phone use while driving to prevent this form of Mississippi distracted driving accident. The increasing sophistication of smartphones has created an unlimited variety of applications that may be used by someone with a cell phone, which may cause them to take their concentration or eyes off the road and their hands-off the steering wheel.

The other possible problem with cell phone bans may be based on a cost-benefit analysis.  Because the fines associated with using a cell phone when driving typically are fairly modest, and it can be difficult to prove someone is using a cell phone while driving, many drivers may determine that the low risk of being caught combined with the relatively nominal penalty does not justify the inconvenience of not using their phone while driving.  Unless the penalties associated with cell phone bans are substantially increased, many drivers may choose to continue this extremely unsafe driving practice.

If you or someone you love is injured or a family member dies because of a negligent driver who is using a cell phone while driving, you may be able to seek damages for your injuries and loss.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Mississippi Auto Accidents and Loss of Future Earnings

Although some victims of auto accidents are thankfully able to get back to work fairly quickly, others are not so fortunate. Many victims of auto accidents sustain a level of injuries which makes it impossible for them to get back to work in a timely fashion, or, in extreme cases, at all. The inability to continue to work in a normal manner, especially in our present shaky economy, can have devastating and long-term financial effects on a family which they may be unable to recuperate from. If you’ve been involved in an auto accident and are unable to return to work, you may be watching your medical bills mount in an alarming manner, and wondering how you will continue to pay your normal living expenses while you are unable to work.

Recovering Lost Wages

The first step in recovering lost wages will be to fully document your pay before your accident. If you are a student pursuing a degree prior to your accident, then this is perhaps the only exception, in that you may be eligible to recover lost wages because of what you would have earned once you completed your degree. Any wages you earned prior to your accident not only must be documented, they must be able to be categorized as taxable income. The injuries you sustained in the accident must have significantly lessened your capacity to continue in your regular position, and a medical professional must certify that you now have specific disabilities or restrictions which hinder your ability to work in your prior profession.

How Will My Lost Earning Capacity Be Calculated?

Loss of future earnings, as opposed to simple lost wages is not calculated in the same manner. Loss of future earnings is calculated on your ability to earn money rather than your actual earnings before or after the injury. The court takes into consideration your actual earning capacity prior to your injury, then compares it to your now reduced earning capacity due to your injuries. The lost earning capacity is calculated by the difference in potential earning and actual earnings.

Because loss of future earnings is dependent upon your wage-earning capacity in the future, even if you happened to be unemployed at the time of your accident will not hinder a possible award of loss of future earnings. Assuming a person in their twenties has just begun their teaching career and the accident and resulting injuries prevent them from continuing that career. The courts will determine the natural progression of the individual’s teaching career, adding in expected yearly raises, cost of living raises, etc., when determining the loss of future earnings. If the person was also continuing their education with an eventual goal of becoming an administrator, then that will also be taken into consideration in the monetary calculations.

Returning to Work—with Diminished Future Job Prospects

Even if you are physically able to return to work, the accident and resulting injuries may still have diminished your future job prospects. Assuming you worked as a police officer, however your injuries dictate that you have been transferred from a police officer who works in the field to a desk job. Although you may still be receiving the exact same salary you were before the accident, your injuries may have conceivably prevented you from working your way up to detective—or even further, therefore you may qualify for loss of future earnings.

Consult a Mississippi Auto Accident Attorney for Loss of Earnings Questions

If you have questions regarding your right to compensation for loss of earnings, it’s imperative that you contact a Mississippi auto accident attorney from our law firm.   Having an attorney looking out for your rights is essential.  Call us today.

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Rollover Accidents Which Result in Fatalities or Serious Injury in Mississippi

Any vehicle which has a higher center of gravity is much more vulnerable to a rollover when involved in a one-vehicle crash. To some extent the type of vehicle comes into play, and SUV’s and pickup trucks will often ride higher off the ground than passenger cars. Even those vehicles which are considered to be “five-star”—meaning they have garnered the very highest safety rating available as a result of rigorous testing—still have a much greater risk of a rollover when involved in a crash involving a single vehicle. It is theorized that sports cars which have a five-star vehicle rating may have a greater number of rollover accidents than other vehicles which garnered only three stars or less because of the more aggressive level of driving among many sports car owners.

Common Causes of Rollover Accidents in Mississippi

Nearly 95% of the time a rollover accident is caused by the vehicle striking something close to the ground, such as a curb or slight ditch, which then causes the car to tip. More than any other type of automobile crash, a rollover involves a complex interaction of the specific behaviors of the driver, the road conditions at the time, and other environmental factors. Vehicle type, as mentioned, is also a factor as the higher, thinner vehicles will be much more likely to roll over when involved in a one-car accident. While speed is certainly a factor, it is more often a factor in those rollovers which result in a fatality, with over forty percent of rollover crashes which result in death involving excessive speed. Almost 75% of all fatal rollovers occur in places where the recommended speed limit is 55mph or above.

Alcohol and other Factor in Rollover Accidents in Mississippi

It is estimated that over fifty percent of all rollover crashes which result in death involve alcohol. Even if the driver was not technically over the legal limit, alcohol is well known to negatively impact a driver’s judgment, dexterity and vision, meaning losing control of the vehicle is much more likely. Rural areas are more often the landscape of rollover accidents, as rural roads are more likely to have lanes which are not divided and have no barriers. Although negotiating curves is certainly a factor in rollovers, driver distraction, inattentiveness or excessive speeds are also contributors. Rollover accidents are by and large single-vehicle crashes, meaning there is no other vehicle involved in the accident. This lends credence to the theory that driver conduct is of great significance in rollover crashes.

How Your Vehicle Offers Protection during a Rollover

When a rollover is detected by a newer-model vehicle, the side-impact air bags are activated, along with the normal safety belt retractors which take up the slack from the seat belt, holding you firmly in your seat. If your vehicle possesses a rollover sensing system, it is, in some cases, able to detect an impending rollover even while the angle is small and none of the tires have yet left the ground.  Side airbags remain inflated longer than those in the front in order to protect the occupant’s heads during a rollover, while keeping the occupants from being thrown from the vehicle. Ejection from the vehicle is what normally causes fatalities, so a vehicle which possesses side-impact airbags offers you a much better chance of survival. If you drive an older vehicle or one which is not so well-equipped, you are more likely to be injured or killed in such an accident.

The Aftermath of a Rollover Accident in Mississippi

Victims of rollover accidents are often left with pain and severe injuries which can be extremely hard to cope with. There may be long-term medical consequences which result in continuing doctor, hospital or therapist bills. A skilled personal injury attorney who is knowledgeable about the ins and outs of rollover accidents can navigate the insurance process for you, allowing you to focus on healing your injuries while he or she negotiates a settlement to compensate you for any possible negligence by the maker of your automobile. Rollover victims are likely to suffer injuries to the head, legs, knees, neck and spine—injuries which occur when the roof of the car hits the road. Don’t go through this painful time alone—rather allow an experienced personal injury attorney to help you through the process.

At Barrett Law, PLLC, a dedicated Mississippi auto 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 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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Assigning Fault in a Mississippi Car Accident

If you are involved in a serious car accident in Mississippi, it can be an emotional and stress filled time.  Many Mississippi car accident victims suffer severe injuries that result in extended time off work as well as permanent disability or disfigurement.  An auto accident victim may also be coping with significant pain and suffering.  The silver lining is that you expect to be compensated for your car crash-related injuries.  However, the insurance company for the other driver may claim that the accident was entirely or partially your fault despite your suffering severe injuries and struggling financially because you cannot work.  The insurance company of the other driver may claim that you are not entitled to recover because your own negligent (i.e. careless or unsafe) conduct caused the accident.  This unfortunate scenario can and does happen more than most people realize.

When a Mississippi car crash occurs, the first place that the insurance company for the other driver will look to determine fault is the accident report prepared by law enforcement.  If the car accident report identifies you as the driver who was at-fault in the accident, you need to seek legal advice immediately.  Police officers are not infallible in their analysis of an accident scene.  An experienced Mississippi car accident lawyer will carefully examine the facts and circumstances of the accident and form an independent opinion regarding who caused your car crash.  It may be the case that the officer missed certain facts or details that would make the other driver at-fault or that there are third parties whose liability also contributed to you motor vehicle collision.

Even if you are partially at-fault for a Mississippi car accident, this does not necessarily preclude you recovering for your injuries.  Mississippi is a comparative fault state, which means that your recovery is reduced but not eliminated by your degree of fault.  Even if you are 90 percent at fault in causing your Mississippi car crash, you may still recover damages, but the amount of your recovery would be reduced by your percentage of fault.  For example, a jury might determine that your damages were a hundred thousand dollars.  If you were determined to be 90 percent at fault with the other driver being 10 percent at fault your recovery would be $10,000.

Many Mississippi car accident victims make the mistake of never getting legal advice from an experienced personal injury attorney.  These auto accident victims presume that the police report is accurate in assigning blame for the accident.  Even worse, some car accident victims believe the other driver’s insurance company when it claims that the accident victim is at-fault for his or her own injuries.  Determining fault in an accident can be a tricky and complicated process.  The facts of a particular car accident are frequently open to multiple interpretations.  The insurance company for the other driver will always interpret those facts in the way most beneficial to its insured.  The entire goal of the other driver’s insurance company is to minimize or avoid liability for the claim.

If you are involved in a Mississippi car accident, it is imperative that you seek independent legal advice from an experienced Mississippi auto accident lawyer.  The car accident lawyer will analyze all of the facts and evidence surrounding your car accident and advise you regarding your rights to recover for your injuries and other loss.  Our law firm represents car accident victims throughout Mississippi.  If you have been injured in a serious car accident, we offer a free honest assessment of your car accident claim.  We offer a free no obligation consultation so call us today.

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