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While drivers can typically tell that they are entering a construction zone by the orange warning signs and heavy equipment, most people presume that the slower speed limits, higher fines and warning signs are primarily designed to protect those performing work at Mississippi construction sites.  Although preventing injury or wrongful death to those performing road work in construction zones is one function of such safety measures, these safeguards are also designed to prevent motor vehicle collisions and pedestrian accidents.  Because of the many types of risks present in construction zones and the high number of distractions, these hazard filled areas account for almost 1,000 fatalities and 40,000 injuries each year.  At the Mississippi law firm of Barrett Law, we understand the unique hazards posed by unsafe drivers as well as poorly designed detours and diligently advocate for construction zone accident victims.

Because there is so much going on in construction zones, including driver detours, the presence of heavy machinery, workers in the roadway, barriers or other items obstructing traffic and more, construction zones can be extremely distracting.  The constant activity and enormous number of distractions can easily confuse a driver.  Oddly, there are no national safety standards that govern work zones, and state regulations and laws vary dramatically between states.  This lack of uniformity between states means that many times best practices are not implemented.

Since there are many parties who may exercise a lack of care causing a construction zone accident, there are many parties that may be a viable defendant depending on your Mississippi construction zone accident case.  Some parties that may share liability in a Mississippi construction zone crash may include general contractors, sub-contractors, architects, other motorists, public entities, and sign companies.  Our Mississippi construction zone accident attorneys at Barrett Law have the expertise to carefully investigate construction accidents on Mississippi streets and highways to identify all potentially viable defendants.

Based on the specific type of construction zone, there may be a variety of hazards that contribute to collisions, including the following:

  • Debris or refuse in the roadway
  • Heavy machinery obstructing traffic
  • Signs that are not updated
  • Signage that is confusing, poorly placed or missing entirely
  • Drivers that are distracted or confused
  • Poorly marked or designed detours

If you are involved in a car accident in a Mississippi construction zone, it is important to seek immediate legal advice because construction sites can change quickly and critical evidence can disappear.  Many times the negligence of public entities will contribute to a construction zone accident.  There are special procedures and timing requirements that apply in such cases so time is of the essence in seeking legal advice.  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.

 

Side impact collisions can be extremely dangerous particularly for vehicle occupants on the side of the vehicle that absorbs the impact from the front end of the other car.  Dangerous side impact collisions (also called “T-Bone accidents”) are common in intersections when drivers disregard traffic signals, stop signs or right of way rules.  When a car runs a red light or stop sign or violates right of way rules by turning in front of a vehicle that is proceeding straight, the result can be catastrophic injury.  Another common location for side impact crashes is around driveways and parking lots.  When vehicles back out of the driveway or a parking space, the front end of one vehicle may slam into the side of another.

Side impact collisions are especially dangerous because the area around the doors of a vehicle typically lack the structural integrity to absorb the same degree of force as the front end or rear of a vehicle.  This can cause the side of the vehicle to essentially collapse in on a vehicle occupant resulting in permanent devastating injuries.  Because of the severe nature of the injuries that are common in side impact collisions, it is important to summon law enforcement personal to an accident scene so that critical evidence can be preserved.

While enormous strides have been made in motor vehicle safety, the task of reducing side impact collisions injuries has been less successful.  While there has been a substantial reduction in fatal front impact fatalities during the last two decades, the number of fatal side impact crashes has continued to rise.  This period has seen a twenty percent increase in side impact fatalities.  One of the reasons has been an increase in the popularity of SUVs and larger vehicles that cause more carnage when they collide with the doors of another vehicle.  Although side window airbags and other supplementary air bags can reduce these risks, many vehicle manufacturers have been slow to make such air bags standard equipment.

Side impact collisions present an especially high risk of severe injury to children.  There is typically only about eight inches of steel protecting a child in the backseat during a side impact collision.  T-Bone crashes account for almost a third of all motor vehicle accident related fatalities involving children.  The importance of side window air bags is reflected in the fact that the lion-share of these fatal injuries to children are caused by trauma to the head.  Side airbags that protect the head, chest and abdomen lower the risk of fatalities in side impact collisions by approximately 37 percent based on data provided by the the Insurance Institute for Highway Safety (IIHS).

At Barrett Law, our experienced Mississippi side impact accident attorneys represent injury victims throughout Mississippi.  If you or your child is injured in a T-Bone collision, our experienced Mississippi side impact injury attorneys may be able to help you obtain compensation for injuries or wrongful death suffered in a T-bone collision.   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.

There are a virtually unending list of unsafe driving practices that may cause serious collisions and result in major life changing injuries or the loss of a loved one.  The state of Delaware is the newest state to enact a law targeting an increasing cause of auto collisions that is rarely thought of by the typical driver as a major accident risk – driving too slow.  Many states are now passing tough new laws that impose substantial fines for drivers that drive slowly in the left lane of traffic.  While most drivers understand that speed is a major contributor to car accidents, it is usually driving too fast, rather than too slow, that most drivers perceive as a serious danger of causing auto accidents.

The new laws sprouting up in a growing number of states specifically designates the left lane as being reserved for passing on roads that have at least two traffic lanes in both directions.  Many states including Mississippi require drivers to remain in the right lane when traveling slower than the flow of traffic.  When drivers obstruct traffic by driving relatively slowly in the left lane, other drivers get impatient and angry, and aggressive driving and road rage incidents are a frequent result.

Aggressive driving generally is comprised of consciously engaging in more than one traffic violation at any point in time.  An example might include a driver passing on the shoulder while speeding.  While violating traffic safety laws always creates a risk of injury for other vehicle occupants, motorcyclists, bicyclists and pedestrians, these risks increase dramatically as a driver disregards an increasing number of traffic laws while driving.  It is not uncommon for aggressive driving to anger other drivers resulting in the even more lethal danger of road rage incidents.  Road rage is different from aggressive driving because it does not involve “accidents” based on unsafe driving.  The term refers to aggressive behavior that is intended to cause injury or harm another.

While dawdlers in the left lane of traffic may be annoying, the practice certainly does not excuse or justify aggressive driving behavior or road wage.  Nonetheless, legislators and law enforcement authorities in many states believe that alleviating this source of frustration will make the roads safer by discouraging the interruption in the flow of traffic caused by pokey drivers in the left lane.

One driving safety advocate points out that it is never a good idea to continue driving in the left lane if you are being passed on the right.  Drivers that are frustrated by drivers traveling too slowly may tailgate, flash their lights, make obscene gestures and even pass on the left shoulder, which is extremely reckless behavior.  If you or someone you love is injured or a loved one dies because of aggressive driving and road rage, the experienced Mississippi aggressive driving accident attorneys at Barrett Law are committed to holding drivers who consciously violate traffic safety laws accountable for their actions.  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.

While child safety restraints (e.g. car seats, booster seats) can significantly impact your child’s safety if you are involved in a serious auto accident, a new study reveals that your child may not be nearly as safe as you think.  Child safety restraints may be limited in their effectiveness at keeping your children safe in a collision by compatibility issues that cause an improper fit between the vehicle seat and the child safety restraint.  Despite revised legal standards enacted a decade ago requiring use of an attachment system referred to as LATCH (Lower Anchors and Tethers for Children), a recent report by the Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute found that seven vehicle completely failed to comply with the standards.

The LATCH system was made mandatory after traffic safety experts determined that many car seats do not fit properly in vehicle seat, or they are difficult to install because of compatibility issues.  The National Highway Traffic Safety Administration (NHTSA) issued a report almost a decade ago in which it found that almost 75 percent of child safety restraints and booster seats had “critical misuse” problems that could cause injury or increase the severity of injury during a car accident.

Vehicles were evaluated based on whether the car seat anchors were clearly visible and easy to use without applying excess force.  The tests revealed that the buckle of seat belts and other seatbelt hardware often obstruct the child safety restraint anchors.  The seatbelt anchor can also sit so low in the car seat that they are difficult to access when installing the child car seat or booster seat.  The study also revealed that many parents may need more clear instructions on proper use of child safety restraints because they do not realize the importance of attaching the upper tether.  This can be a crucial error because the car seat or booster seat may jerk too far forward during a collision resulting in severe injuries to the head or neck of the child.

The results of the tests reveal that compliance with the LATCH system is still poor, which is reflected by the fact that only 21 percent of vehicles tested met all the requirements for the LATCH system.  Seven of the vehicles failed ALL of the requirements.  The complexity of assuring a safe fit between a safety restraint and the bench seat or bucket seat is compounded by the multitude of child safety restraint models and manufacturers.  Government safety experts recognize the importance of the two industries working together to reduce compatibility issues and improve the safety of children in auto accidents.

If your child has been injured in a car accident in Mississippi, our experienced Mississippi car accident attorneys have the experience to investigate accidents involving children and determine if a lack of compatibility or other car seat defect played a role in your child’s injuries.  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.

Most Mississippi drivers have had the experience of traveling down the road or highway and encountering an extremely rude or aggressive motorist.  Aggressive drivers may tailgate while flashing their bright, speed, weave through traffic, drive on the shoulder or otherwise engage in multiple traffic violations simultaneously.  As upsetting and stressful as it can be to deal with a driver engaged in such conduct, the safest option usually is to simply to stay clear of such a driver.  Aggressive drivers may become easily agitated or angry if you retaliate.  Retaliation may result in an aggressive driving situation escalating into a road rage incident.

While many times people use the terms “aggressive driving” and “road rage” simultaneously, they are very different concepts and pose unique types of injury risks.  Aggressive driving refers to drivers that consciously engage in multiple acts of unsafe driving or motor vehicle violations at the same time.  An example might include a driver that is speeding and swerves onto the shoulder to pass you.  While aggressive drivers pose a substantial risk of causing a serious car accident, there conduct may exhibit a high degree of negligence and even rise to the level of recklessness, but there is no intentional goal to cause harm to others.

The motivations of drivers engaged in road rage are far more malevolent.  Road rage involves drivers that engage in acts intended to cause injury to another.  While some of the better publicized examples involve shooting firearms into the passenger compartment of other vehicles, an automobile can just as easily be used as a weapon.  A driver who attempts to run down a pedestrian or force another vehicle off the road in a fit of anger is another type of conduct that may constitute road rage.  Road rage that results in injury to another does not just expose a driver to civil liability for money damages but may also result in serious criminal charges.

Many people make the mistake of responding to aggressive drivers by making gestures, yelling, or otherwise antagonizing aggressive drivers on Mississippi roadways.  There is little value in this form of provocation and an extreme risk of escalating the situation.  If you or someone you love has suffered serious injuries or a loved one has died because of the negligent driving of an aggressive driver or an act of road rage, the experienced Mississippi aggressive driving attorneys at Barrett Law may be able to represent you in a personal injury action. 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.

There can be little dispute that airbags are a valuable safety component in any vehicle and that they can prevent catastrophic injuries, vehicle ejections, traumatic brain injuries and even wrongful death.  Many manufacturers of motor vehicles are now increasing the number of airbags in vehicles and placing them in positions that previously were not subject to airbag protection.  The proliferation of side impact airbags and side window airbags provide notable examples.  Despite the many benefits of airbags, they can serve as an independent cause of devastating injuries when they malfunction because of product defects in their design or production.

The vast majority of severe Mississippi car accidents that result in life-changing injuries are caused by negligent motorists, but sometimes defective safety components like airbags can cause injury in relatively low impact collisions where no injury would have occurred had the airbag not deployed.  They may also cause more serious injuries than otherwise would have been suffered when deploying in such situations.  If you have never experienced an airbag deploy, it is important to understand that when they deploy they do so with phenomenal speed and force.  This means that it is essential that an airbag be completely deployed before making contact with the head or torso of a vehicle occupant.  If the airbag deploys late, it may “deploy into” a vehicle occupant causing devastating injuries, such as broken bones, severe head trauma, serious damage to internal organs, eye injuries including blindness, and spinal cord injuries.

Many airbag injuries occur because of faulty or defective sensors that are designed to trigger airbag deployment.  These sensors may be not be appropriately located in the vehicle or may be susceptible to malfunction caused by simple environmental factors like exposure to moisture.  When these sensors malfunction, an airbag may deploy early, later or not at all.  All of these scenarios can be extremely dangerous for the driver or passengers in a vehicle.  Another serious safety issue with airbags is that they are designed to accommodate a male who is 5’8’’ and weighs 180 pounds.  Children that have a height or weight that deviates substantially from these dimensions may be exposed to greater harm from an airbag than benefit depending on the circumstances of deployment, and how the vehicle occupant is situated (e.g. position and orientation of a car seat).

If you or someone you love was recently injured in a Mississippi car accident by a negligent driver or a defective airbag, we encourage you to contact our experienced team of personal injury attorneys today.  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.

The national debate over the role, effectiveness, and legality of red light cameras is heating up.  States are fairly evenly divided on the issue of using red light cameras at intersections to prevent collisions that result in injuries and fatalities.  A recent article in the USA Today reported that currently 24 states have at least some red light cameras.  Some states are passing bans completely prohibiting the use of red light cameras while other states are expressly authorizing use of the cameras to take a picture of vehicles that fail to stop then issuing tickets by mail.  There are also many states that take an intermediate position.  At the heart of the debate over the use of red light cameras is whether they are a cost-effective means of reducing car accident rates and preventing motor vehicle related injuries and fatalities.

Many municipalities that are installing red light cameras are being accused of focusing on generating revenue rather than public safety.  There is little dispute that using red light cameras in intersections can be an enormous source of revenue at a time when many local governments are drowning in red ink.  Red light cameras in Chicago generate a staggering $60 million per year in additional public funds according to the USA Today article.  Critics that view the cameras as primarily a revenue source take various positions, including:

  • Red light intersection cameras should not be used at all because they are ineffective at preventing car accidents.
  • The cameras should be used only with transparency so that it is clear what the program costs, the results in terms of preventing car accidents, the amount of revenue generated by the cameras, and the ways the revenue is used.
  • Red light cameras should only be installed in intersections with a history of significant car crashes.

One of the key issues involving the use of red light cameras is whether they play a significant role in reducing intersection collisions. The Insurance Institute for Highway Safety conducted a study last year that found red light cameras reduce auto accidents by almost 25 percent.  However, many other studies have suggested that red light cameras are far less effective.  There have even been studies that suggest that red light cameras increase car accidents because drivers are overly cautious or focused on the presence of the camera.

The law is equally muddled on the appropriateness of red light cameras.  Some examples include:

  • A Florida court has ruled that the cameras are unconstitutional.
  • In Missouri, one court ruled the cameras invalid while another court found them permissible within a one month period
  • A court in Washington determined that voters could not prohibit red light cameras via ballot initiative.

These diverging views reveal that courts are as conflicted about the legal status of red cameras as the public, government entities, and safety advocates on the effectiveness of the cameras.  While our car accident attorneys are staunch advocates of motor vehicle safety, we also realize that the resources to promote safer roadways are not unlimited.  One positive aspect of this particular vehicle safety tool is that the program is self-financing.

If you or someone you love was recently injured in a Mississippi car accident by a driver who ran a red light or otherwise was driving negligently, we encourage you to contact our experienced team of personal injury attorneys today.  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.

Texting while driving is never safe under any circumstances, but a woman was arrested in Southern California after taking the practice of texting and driving to ridiculous extremes.  The woman was texting as she drove on the freeway with her one year old baby in her lap.  If this does not sound bad enough, she also had a four-year-old in the back seat who was not wearing a seatbelt.  The woman was charged with child endangerment and has a history of similar past violations for not securing her child in a car seat and not wearing a seatbelt.

While this is a rather extreme case, it highlights two common but unacceptable practices, texting while driving and failure to use safety restraints that cause serious injuries and even wrongful death.   A few statistics provide some alarming facts about the dangers of texting messaging while driving:

  • Nearly forty percent of drivers admit texting while driving
  • Almost twenty percent of drivers concede they routinely text and drive
  • Teen drivers who are texting spend ten percent of their time in the wrong lane
  • Responding to a text message results in diverting one’s eyes from the road for five seconds
  • A vehicle moving at freeway speeds can travel the length of a football field in five seconds
  • Studies show that drivers engaged in text messaging have response time similar to drunk drivers

There are three types of driver distraction: visual distractions, manual distractions and mental distractions.  Text messaging poses a distraction risk at all three levels of distraction.  A visual distraction involves activities that cause a driver to avert one’s eyes from the road.  A driver who reads a text message or looks at the keyboard to compose or send a text message must avert one’s eyes from the roadway.  Even when a driver is not busy trying to hold both a baby and a cell phone, texting on a mobile phone, iPod or other portable electronic device requires physically holding the phone and manipulation of the keys.  Regardless of whether you are reading a text, sending a message or composing a message, your mind also is distracted.

The other troubling aspect of this case is that the woman had the baby in her lap rather than a child safety restraint.  The National Highway Traffic Safety Administration (NHTSA) reports that a properly used child safety restraint system (i.e. car seat) reduces the child fatality rate in car accidents by more than seventy percent.  Child safety restraints prevent vehicle ejections, which are a leading cause of fatalities in car accidents.  Car seats also keep children from being thrown against the dashboard or other hard surfaces in the vehicle where they may suffer head injuries, spinal cord injuries and other catastrophic injuries.  Child safety seats also are tailored to the unique anatomy of children.  Car seats restrain a child while dispersing the force of impact to less vulnerable areas of a child’s body.

Motor vehicle accidents remain the leading cause of death for children ages 3-14 according to the National Center for Health Statistics.  Every day across the country, there are four children in this age range who die in car accidents and almost 530 more that are injured.  When parents drive the roads of Mississippi with their children in their car, they should exercise caution, pay attention, and require children to wear seatbelts and car seats.  If your child has been injured in a car accident, our experienced Mississippi car accident lawyers at Barrett Law may be able to help you obtain the compensation your child needs to promote the fastest, fullest recovery.  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.

 

Many Mississippi residents are traveling for Spring Break or looking forward to visiting relatives for Easter.  If you are traveling by plane, there is a fair chance you will need to rent a car when you arrive at your destination.  Most motorists have no idea that many vehicles are kept in circulation for rental despite the vehicle or components of the vehicle being subject to a safety recall.  This is much more than a theoretical problem; for example, Enterprise settled a case for $15 million stemming from a horrific collision that resulted in the death of two sisters that was caused by a defective component in their rented Chrysler PT Cruiser.

The PT Cruiser in the Enterprise case had been recalled because of a defective component that posed a fire hazard.  The mother of sisters, Jacqueline Houck and Rachel Houck, filed a wrongful death action after the women died when the power steering failed because the vehicle caught on fire.  The failure of the PT Cruiser’s power steering resulted in the plaintiff losing control of the vehicle and colliding head on with a commercial truck.

The National Highway Traffic Safety Administration (NHTSA) has acknowledged issues with rental cars that are made available to the public despite the vehicles being recalled for safety issues. Although there is currently discussion about legislation to prevent recalled vehicles from being rented to unsuspecting customers, no legislation has yet been enacted.  While car manufacturers and new car dealers cannot sell vehicles to consumers until recalled components have been repaired, there currently is no similar requirement for rental car companies.

Legislation being discussed might extend federal oversight of the NHTSA to the rental car industry and require the repair of vehicles subject to recall before they are made available to rental car customers.  The frightening thing for consumers is that rental car agencies do not disclose that the vehicle a customer is about to rent is the subject of a safety recall.  This means that rental car agencies are knowingly exposing consumers to a known risk without warning consumers of this risk.

If you need a rental car during Spring Break or over Easter weekend, you should specifically ask the rental car agency if the vehicle you are being assigned is the subject of any recalls and whether the defect has been repaired.  Barrett Law has been representing those injured in Mississippi car accidents for decades.  If you or someone you love is injured in a Mississippi car accident involving a rental car that has unrepaired defects or any defective vehicle, the experienced product liability car accident attorneys at Barrett Law may be able to represent you in seeking compensation for your injuries or loss.

At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent personal 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.

Basis of Liability in Motor Vehicle Collisions Resulting in Whiplash Injuries

Because many, though not all, whiplash injuries are caused by rear-end impact collisions, there are a number of types of unsafe driving that are more likely to cause a whiplash injury.  Some of the types of negligent driving that are most typically the basis for imposing fault in whiplash injury crashes include:

·         Distracted drivers who avert their eyes from the road so they do not notice traffic flow interruptions

·         Speeding drivers who cannot stop in time to avoid a rear-ender

·         Failing to allow a safe following distance so that one can stop if traffic comes to an abrupt stop

·         Drivers impaired by drugs or alcohol that have impaired perception and delayed reaction time

·         Motorists that do not adapt driving in adverse weather

·         Unsafe roadways that do not drain properly so that vehicles hydroplane

Special Challenges in Making Legal Claims for Whiplash Injuries

Any experienced Mississippi whiplash injury attorney at Barrett Law will be familiar with the common types of negligence that cause rear-end accidents resulting in whiplash injuries.  A whiplash injury lawyer will also understand the unique challenges in pursuing settlements and judgments in whiplash accident cases.  Despite the fact that many whiplash injuries leave car accident victims unable to work for months and with a lifetime of pain, it is sometimes difficult to produce objective diagnostic evidence of whiplash.

These challenges in litigating whiplash car accident cases are compounded by the fact that many times the symptoms of whiplash may take days or even weeks to become obvious.  Since many serious whiplash injuries occur in collisions at relatively low rates of speed, insurance adjusters will point to delays in seeking treatment, lack of objective diagnostic evidence of injury, and a lack of vehicle damage to suggest that whiplash victims are exaggerating or lying about their injuries.

Recovery for Serious Whiplash Injuries and Chronic Back and Neck Pain

Our Mississippi auto accident whiplash injury lawyers may refer you to a neurologist or neck expert promptly, which may aid your recovery and provide evidence to substantiate your whiplash injury legal claim.  If you suffer a whiplash injury in a car accident, you may be entitled to financial compensation for a wide range of damages, including:  medical expenses, lost income, diminished earning capacity, vehicle repair/replacement costs, emotional distress, pain and suffering, and adverse effects on one’s marriage and quality of life.

It is important to keep in mind that whiplash injuries frequently lead to chronic pain and long-term disability.  Studies have shown that almost one in seven whiplash victims continue to suffer from symptoms of whiplash including pain as much as three years after suffering a whiplash injury.  An experienced car accident whiplash attorney can provide effective legal representation so that you can obtain the financial resources that you need to obtain medical treatment, physical rehabilitation, and pain management.  An experienced whiplash injury lawyer understands that insurance carriers tend to disregard whiplash injuries and undervalue whiplash claims.  Your whiplash injury attorney can help you confront this dismissive attitude and provide aggressive advocacy for the full value of your whiplash car accident claim.

If you or a loved one is injured in a Mississippi car accident or a loved one dies, you may have a right to seek legal compensation 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.