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Many Mississippi Car Accidents Are Caused by Violation of Mississippi Rules of the Road

Careless or inconsiderate drivers that violate the Mississippi Rules of the Road cause the lion share of serious car accidents in Mississippi.  These traffic safety laws are designed for the orderly coordination and interaction of motor vehicles, which is designed to prevent serious car accidents in Mississippi.  When a driver runs a red light, fails to obey the speed limit or tailgates another vehicle, the result can be serious injuries resulting in life-altering injuries like spinal cord damage, traumatic brain injuries and other serious injuries that cause permanent disability from employment and daily life experiences.

The issue of proving fault in a Mississippi car accident can be complex because insurance carriers often will try to shift fault to the accident victim to avoid paying a claim or to minimize the amount paid on an insurance claim in a motor vehicle accident.  One key theory in proving liability is the theory of negligence per se.  This theory of liability permits imposition of liability when someone violates a public safety law resulting in injury to those who the law was designed to protect.  The Mississippi Rules of the Road are public safety statutes designed to protect motorists, bicyclists and pedestrians.

If you are involved in a Mississippi car accident, there is a wide array of violations of Mississippi Rules of the Road that may constitute negligence per se including:

  • Obeying traffic signals
  • Vehicles failing to maintain their lane
  • Failure to abide by right of way rules
  • Speeding
  • Illegal left turns
  • Failure to comply with a stop sign

The value of the negligence per se theory of liability is that it removes the obligation to prove negligence other than to show the violation of a public safety statute caused injury to another.  If you or a family member is injured in a car accident involving the violation of the rules of the road, our experienced Mississippi car accident lawyers may be able to employ the doctrine of negligence per se.  The experienced Mississippi auto accident lawyers at Barrett Law are committed to providing tenacious legal representation for our clients.  The attorneys of Barrett Law have been representing Mississippi car accident victims for over 75 years.  Our law firm offers a free initial case evaluation so call us today at (662) 834-2376.

 

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How Depression Can Follow a Severe Mississippi Car Accident

Many people who have suffered a car accident are surprised when they find themselves later on simply unable to shake the depression which seems to have invaded their lives. Accidents can occur at any place and time, and with our increasingly busy roadways the chances you will be involved in an auto accident are higher than you would want to think.

With over 5.5 million car accidents in the United States each year at any given time there are literally thousands of Americans struggling to heal from injuries sustained in an auto accident—some of which are not as apparent as others. Even relatively minor auto accidents can bring about long-term anxiety, fears about driving or riding in a car, and an all-encompassing depression which makes it difficult to get through your day-to-day activities and to enjoy the things you once enjoyed.

How Common is Depression Following an Auto Accident?

It is believed that as many as one third of all people who’ve been involved in a non-fatal auto accident will suffer from persistent anxiety, depression and PTSD a year following the accident. Even when the accident was not considered to be especially serious in the medical sense, there can be moderate to severe psychological complications. Surprisingly, those who suffered the most persistent forms of depression were typically passengers in the auto accident rather than the driver.

Symptoms of Depression

Those who are suffering psychological problems following a car accident can feel a range of emotions, from mild anxiety when riding in a car to a total inability to travel in an automobile. Depression can bring on feelings of hopelessness, a loss of interest in your regular daily activities and an inability to sleep. You may feel agitated, restless and irritable and have a low tolerance level. People who suffer from depression may feel constantly fatigued or physically drained, and can have trouble focusing, making decisions or remembering things.

In its more extreme manifestations, the person who is under the grip of depression may engage in reckless behavior such as substance abuse, compulsive gambling or dangerous sports as a method of escaping from their feelings.  Those who are suffering depression as the result of an auto accident may feel an overwhelming sense of anxiety and dread when passing the site of the accident, riding in the vehicle which was involved in the accident or even traveling on similar road conditions. Depression can affect your work and your relationships and requires professional attention.

Treatment for Depression Brought on By an Auto Accident

If you’ve been suffering from depression for more than a month or so following your accident, it’s time to get help. It’s important to see a therapist who has experience dealing with the trauma which can follow an auto accident. You may be prescribed medications in the form of antidepressant drugs along with regular therapy which can include anxiety management, breathing and relaxation exercises. In some cases more experimental therapy can include light therapy or other forms of alternative therapies. It takes time to heal, and it’s important that you not become discouraged.

Getting the Legal Help You Deserve

While getting medical help is essential following your auto accident, it may be just as important to get legal help. If your accident was due to the negligence of another person, and you find yourself unable to continue your life as it was prior to the accident, an experienced personal injury attorney can help you determine whether you can recover damages for your accident. Your emotional pain and suffering are every bit as important as your physical pain and depression treatment can be long-term and costly. An attorney who is knowledgeable about the effects of depression following an accident can be your best ally when dealing with the aftermath of a car accident.

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 Car Accidents Caused by Ice

States which have lots of winter weather are well accustomed to car crashes caused by snow and ice. Such accidents appear to be much more common at the beginning of the winter season, which appears to mean that people tend to forget how to drive in snow and ice through the summer, then regain those lost skills once winter sets in. The truth is that driving in icy conditions requires a completely different skill set than driving on a dry road. Not only must you slow down, you must remember to leave more space between the car in front of you, and brake earlier and with much more caution. Accelerating in icy conditions can cause your wheels to spin, making your car slide into another car or a stationary object and causing injuries.

Icy Conditions Warrant Extreme Caution

In order to determine who is responsible for your accident due to icy conditions your attorney may need to have an accident reconstruction done. Legal liability will, of course, determine who will pay for the damages, and if you neglected to alter your usual driving behaviors based on the road conditions, you may find yourself unable to claim that anyone else was liable for the accident. If you were tailgating the car in front of you, in spite of the ice, then the fact that you careened into the car when it slowed means you may be the liable party. There are exceptions to this, in that if the driver in front of you failed to give any indication that they were about to stop suddenly, and you were driving the proper distance behind them, you would not be responsible. If you have witnesses who can testify that you were cautious and did everything in your power to drive safely, but the ice was simply too slick, then you could probably not be held liable.

When Road Crews Might Be Liable

There are times when a governmental entity may be responsible for ensuring the roadways are properly cleared of ice, and the failure of the city, county or state to correct the icy conditions or at the minimum, warn motorists of the hazardous conditions can render them liable for resulting accidents and injuries. Of course if the accident occurred during a sudden storm, the agency cannot be held liable for the inability to get the ice removed while it was actually forming. Following a storm, however, or in a specific situation where a river has dammed, leaving ice to form on the road, then the lack of proper maintenance may indeed be a factor in determining liability.  In an accident which occurs on ice in a private parking lot, the owner of the property may also be held liable if he had plenty of time to clear the ice and simply neglected to do so.

If you were injured in a car accident on an icy road which was a result of another driver who was not driving according to the road conditions, or from a lack of road maintenance, then you must consult an experienced personal injury attorney even if you have not yet determined who was at fault. Your attorney can assess the situation and fight aggressively for your rights in the case. You may have substantial injuries due to the negligence or recklessness of another and you deserve to be compensated for those injuries as well as for any time you have lost from work and the damages to your vehicle. Don’t wait—get expert help who will deal with the details of your claim while you concentrate on healing and getting back to your life.

If you have been injured in a car accident due to severe road conditions in Mississippi, you may have a claim.  Call our law firm to speak with a Mississippi car accident attorney today.

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Mississippi Car Accidents Caused by Tire Defects

Auto accidents from tire defects are more common than most people realize.  Every year, more than 15,000 vehicle accidents are due to blowouts involving defective tires. Sometimes these accidents result from failure to replace worn out tires or to maintain proper tire pressure. However, all too often tire blowout accidents are caused by the defective manufacturing of the vehicle or use of substandard materials.

When tires blowout, it typically is due to the shredding of the tread layers.  When investigations are conducted on car accidents that are believed to be due to tire defects, the investigators will inspect the steel and rubber in steel belted radials to determine if they are properly bonded together.  If the bonding process fails, this creates a serious risk of car accidents caused by tire blowouts.  A number of tire manufacturers have had their tires recalled because of tread separation due to design or manufacturing defects.  When tread separation occurs it can cause the tire to blowout or make the vehicle very difficult to control.

Another issue that can cause tires to be defective is if the material used in the manufacturing process is contaminated with objects like sawdust, candy wrappers, and cigarette butts.  If the size of the material does not match the size of the tire or if air is found between the layers of the tire, a blowout may result.

Tire and car accident lawyers have a legal obligation to produce tires that are free from defects that may cause injury to motorists.  Businesses that manufacture and distribute tires may cut corners in the production process to increase profits.  In recent years, there have been a number of defective product lawsuits in which tire manufacturers have been found to have produced defective tires that caused serious tire blowout accidents or accidents where drivers lost control of the vehicle.  Rollover accidents can be particularly dangerous often resulting in roof crush injuries or vehicle ejections.  When either situation occurs, the likelihood of catastrophic injuries or wrongful death is substantial.

Along with tire manufacturers, car makers can also be liable for car accidents caused by defective tires including tire blowout accidents. It is their duty to make sure that every part of the car is free of defects and safe to drive.  The vehicle manufacturer may be liable even if the manufacturer claims that the car has been inspected and is in good condition.

If you or your loved ones are involved in a Mississippi car accident, the experienced Mississippi car accident lawyers at Barrett Law Office PLLC diligently pursue the rights of those who suffer injured caused by the negligence of others.  If your Mississippi car accident was caused by a tire blowout, we can perform an investigation to see if it was due to defective tires.  The Barrett Law Office PLLC has roots that date back over 75 years providing diligent and compassionate legal representation to Mississippi auto accident victims.  Call us today for a free initial case evaluation at (662) 834-2376.

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Rural Areas in Mississippi May Pose Greatest Risk of Serious Car Crashes

Most people presume that the greatest risk of being involved in a serious car accident is in the biggest cities within Mississippi because of increased traffic congestion.  This belief is the reason many drivers speed in rural areas because they have a false sense of security about the likelihood of being involved in a collision because there are fewer vehicles on the road.  Ironically, these intuitive feelings that many have are not supported by auto accident data.  Car accidents are more common in rural areas and the resulting injuries from such accidents are also more severe.

Although only about a quarter of the U.S. population lives in rural areas, these areas account for well over half of all auto accidents in the U.S according to data from the National Highway Traffic Safety Administration (NHTSA).  There are a number of reasons that may contribute to this counterintuitive result including the following:

  • Drivers in rural areas tend to drive at higher rates of speed
  • An Increased risk of alcohol impaired drivers in rural areas
  • Drivers in rural areas may be less attentive or vigilant
  • Rural areas may promote driver fatigue or drowsy drivers

Speeding is a substantial risk factor linked to the increased accident risk in rural areas. The lack of traffic congestion in rural areas is a double-edged sword.  While there are fewer drivers and vehicles with which to contend, the average speed of traffic is greater meaning that drivers can more easily lose control of their vehicle and have less response time when confronted with a potential auto accident hazard.  According to NHTSA data, speeding was a significant factor in 33% of all rural car accidents.

Drivers who operate their vehicle while under the influence of alcohol also play a major part in the high accident rates associated with urban areas.  Alcohol was a factor in 13 percent more rural accidents then accidents in urban centers.  Because high rates of speed and alcohol impaired driving are common causes of accident fatalities, it is hardly surprising that 57 percent of fatal car accidents occur in rural areas though only 23 percent of the U.S. population resides in rural area.

The sparse volume of traffic and extended stretches with little need to alter speed or direction on rural stretches of roadway can lead to inattention or fatigue.  Because drivers must be alert because of traffic congestion and obstacles in urban centers they are more likely to remain alert and sharp for potential hazards.  This is supported to some degree by data that shows night driving also is more dangerous in rural areas. If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, the experienced Mississippi car accident lawyers represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

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What To Do After A Mississippi Car Accident

Car accidents, even minor ones, can be very unsettling to both drivers. Know in advance what to do in the event of an accident. Your primary concerns should be the safety and well-being of all parties, and taking steps to protect your interests in the aftermath. Here are a few steps that will help you respond appropriately.

Safety First

If anyone involved in the accident sustained injuries, call 911 immediately. Don’t try to move someone with injuries or allow yourself to be moved. Paramedics can determine the extent of injuries and move victims without causing more harm to the victim. Leave the vehicles where they are if there were injuries or the physical damage to the vehicles was extensive. Otherwise, move the cars off the road to a safe place. Be careful when exiting the vehicle, doing so on the side away from traffic.

For the Record

Call the police to report the incident. In some areas, the police respond only to serious accidents, so give them the basic facts and ask for instructions. Whether the policy of local police is to respond or not, you will need to exchange information with the driver of the other vehicle. Get their name, address and phone numbers, insurance information and license plate number. Provide your information as well.

Take pictures of both cars and any other evidence you can, such as skid marks or rubble from the damage. Use the camera from your cell phone if you have one. Alternatively, some drivers buy a disposable camera and keep in the glove compartment specifically for this purpose.

What To Avoid

When speaking to the police and to the other driver and/or passengers, cite only the facts. Do not admit or imply guilt, by apologizing, for example. The shock and anxiety people often experience following a collision, even a minor one, color your perspective, and it’s not uncommon for drivers to feel it was their fault in the immediate aftermath of an accident, even when it wasn’t. This is important, because in many states, liability is decided under a system called comparative negligence. This system recognizes that in a lot of cases, both parties had at least some responsibility for the accident. Admitting guilt at the scene could affect how much liability you are later assigned.

After the Fact

Call your insurance company as soon as possible after the accident to report the facts. They will need to know when and where the incident occurred and the other driver’s information. They will also ask if a police report was filed and whether any injuries occurred. Don’t offer any additional information. Then, if you feel there is a need, you can contact an attorney, who can advise you whether any additional steps are needed to protect your interests further.

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The Incidence of Teenage Drivers’ Auto Accidents in Mississippi

Over 5,000 teenaged drivers will die this year as a result of fatal injuries caused by an automobile accident, while another 400,000 will be seriously injured. Teenagers in the 16-20 age category are at a higher risk than any other group for being involved in a car accident, and while teenaged drivers are only 10 percent of the overall population, they account for over 12 percent of all fatal car accidents. If you’ve ever wondered why insurance rates are so astronomically high for male teenaged drivers, it could be due in part that the death rate due to auto accidents for teen male drivers is more than one and a half times that of their female counterparts.

These young male drivers are also much more likely to drink while driving, drive at excessive speeds and drive without wearing a safety belt. The first couple of years after a teenager gets his or her license is the riskiest period of time during the teen years. Inexperience and recklessness create a volatile combination—one that is very difficult to fix with new teenage drivers taking to the road every day.

Distracted Driving Among Teens

Even though there are more laws being passed against texting or using cell phones while driving, teenagers are among the worst offenders. Because teenagers tend to believe they are bulletproof, they may not always pay such close attention to the laws designed to keep them and others on the road safe. Teens are tied to their phones in ways few adults can understand, and it’s up to the parents to impress upon them the seriousness of texting and driving. Quite often there are numerous other teenaged passengers inside the car being driven by a teenager which multiplies the distractions.

The Responsibility of the Parents

When all is said and done it is the responsibility of the teen’s parents to teach proper driving techniques and practice those techniques every day. Children who grow up observing their parents driving in a consistently safe manner are more likely to do so themselves when they are teenage drivers. If the parents see they are not driving responsibly, it is up to them to take away the driving privileges until proper safety practices are put into place. Your teen’s life could depend on it.

Graduated License Programs Can Prevent Teenage Accidents in Mississippi

Graduated driver licensing programs have proven quite successful in allowing teenagers to get the experience they need before they are fully licensed. A graduated driver licensing program delays a full license for first-time drivers while they drive in low-risk conditions and no more than one passenger. First year drivers are also prohibited from driving after midnight, which is typically a high-risk time for young drivers to be on the road. Programs such as this have led to an almost 39% reduction in fatal car accidents among teens, however no all states are currently on board with the graduated license programs for teens.

Tips to keep Teens Safe in Mississippi

Set limits on after-dark driving for your teen, especially on the freeway, and set a strict limit on the number of friends your teen is allowed to have in the car with them. Maintain a zero-tolerance policy regarding texting and driving and require seat belts to be worn at all times. Make sure your teenage driver fully understands the impact of driving while intoxicated as well as the consequences of underage drinking.

If you’ve been the victim of an accident due to an inexperienced driver or if your teen has been involved in an accident, contact a personal injury attorney who is knowledgeable about the potential consequences of teenage driving.

At Barrett Law, PLLC, a dedicated Mississippi car 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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Unsafe Rental Car Accidents Can Ruin Summer Vacation Plans

There are many arrangements to be made when planning for vacation from making airline and hotel reservations to reserving a rental car. There are also a great number of variables that can go wrong. One issue that few people worry about is whether their rental car is safe. A significant number of summer travelers may end up renting cars that are subject to recall and have not had the repairs done. It may be surprising, but there are no current laws or regulations that require rental car companies to fix recalled vehicles before leasing them out to the next customer.

New legislation called the Safe Rental Car Act is being proposed by Senator Charles Schumer (D-NY) to address a number of recent crashes involving rental vehicles with recall issues that were not repaired prior to providing the vehicle to the consumer as a rental. A notable example that received national attention involved a case in California. Two sisters were killed when they rented a PT Cruiser that they rented erupted in flames causing the car to collide with a tractor-trailer. The PT Cruiser had been recalled because of the possibility of a leak in the power steering fluid that could cause the vehicle to catch on fire. The sister’s family filed a wrongful death lawsuit against Enterprise and recovered an award of $15 million.

The problem stems from what has been characterized as a “loophole” that permits rental car agencies to send vehicles out on the road that could not be sold by car dealerships. Rental car agencies repair vehicles subject to recall a mere 33 percent of the time within a month of the recall according to data from the National Highway Traffic Safety Administration (NHTSA). It is even more alarming is that only half of all rental cars subject to recall are repaired even a year later. Data from General Motors regarding the number of rental cars fixed within three months of a recall reveals that although Enterprise was involved in the $15 million product liability verdict, it is not the worst offender:

• Enterprise repairs not fixed within 3 months of recall: 35 percent
• Hertz repairs not fixed within 3 months of recall: 66 percent
• Budget/Avis repair not fixed within 3 months of recall: 47 percent

The bottom line is that it is estimated that tens of thousands of defective rental cars subject to recall are currently on the roadways. While the proposed legislation is a step in the right direction for those who live and vacation in New York, it does little to help us here in Mississippi. Admittedly, some defects subject to recall do not pose significant safety hazards, but the law is now silent on ALL rental car defects.

When a car rental company rents a car to an unsuspecting traveler without repairing a defect that makes the vehicle unsafe and fails to disclose the defect and potential risks to the consumer, the rental car company should be held accountable. Defects like the one in the fatal PT Cruiser rental car accident lawsuit needlessly puts unsuspecting consumers at risk. Anyone renting a car should ask if the vehicle they are renting has been recalled and whether the defect has been repaired. If you or someone you love has been injured or you have lost a loved one in a Mississippi car accident involving a rental car, the Mississippi car accident attorneys at Barrett Law Offices can advise you on your rights to seek compensation. We offer a free initial no obligation case evaluation so call us today at (662) 834-2376.

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Do I Really Need a Mississippi Car Accident Attorney?

Most people are completely unprepared when they are involved in a car accident in Mississippi.  This is unfortunate because the actions that you take immediately following a Mississippi auto accident can have a significant impact on the likelihood of pursuing a successful personal injury claim as well as the amount that you recover for your injuries.  While it is not always essential that you have an attorney handle your Mississippi auto accident claim, it is important that you obtain legal advice from an experienced Mississippi car accident lawyer.

It is also important that you seek medical treatment and evaluation if you suffer even minor injuries.  Minor symptoms are frequently a sign of serious injuries that only become completely apparent much later.  Even though you may not need to retain an attorney for some car accidents, it is critical to obtain legal advice during a free initial consultation before making this determination.  Some of the factors that may be relevant in dictating whether you need an attorney include:

  • If the other driver was cited and paid the ticket (i.e. how clear is liability)
  • If you have a property damage claim for your car only
  • If you sustain very minor injuries as confirmed by a physician
  • If you don’t mind doing paperwork and working directly with insurance companies
  • If your case is uncomplicated
  • If your educated about your rights when it comes to insurance claims

When your accident involves serious injuries or the fault of the accident is in doubt, then it is very risky to proceed without an experienced Mississippi car accident lawyer.  It is rarely if ever the case that a person will recover more dealing directly with the insurance company directly.  Insurance companies make money by paying as little as possible on auto accident claims or by denying claims entirely.  They handle a myriad of car accident claims everyday and have teams of accident experts and attorneys so you are at a distinct disadvantage dealing directly with insurance companies.

A person can damage their claim by disclosing the wrong information to an insurance adjuster.  It is always advisable to let an attorney who can distinguish helpful from damaging information negotiate with insurance carriers.  Sometimes insurance company may request that you sign papers or that you provide a recorded statement.  You should never agree to sign anything or provide a statement to the insurance company without seeking legal advice.  This statement is for the sole purpose of gathering evidence to deny or minimize the value of your claim.

An additional benefit to retaining a Mississippi car accident attorney is that our law firm may be able to reach a settlement with the other party without the hassle of going to court.  Because insurance companies know that they have a huge advantage when dealing with someone who is not represented by counsel, they are much less likely to offer a fair settlement if you do not have an attorney.  While the insurance company may offer to settle the case, the offer will typically be for far less than the value of the claim.

When assessing the cost of retaining a Mississippi car accident lawyer, it is also important to assess the likelihood of recovering substantially less on your claim.  The average layperson has no idea how to assess the value of non-pecuniary damages like pain and suffering.  A common tactic used by insurance companies when processing a claim by a party without an attorney is to delay the process.  The insurance company may ask you to provide additional unnecessary information or offer a lowball settlement simply to drag out the process.  The insurance company understands that the longer the claim is pending the greater your medical bills and lost wages if you are off work.  Many times those who are not represented by an attorney following a car accident in Mississippi end up settling out of financial desperation because their personal bills and medical expenses are mounting with little progress toward a fair settlement.

If you are seriously injured, then you are going to need to devote your time and energy to your recovery rather than running around trying to resolve legal matters and fighting with insurance companies.  Our experienced Mississippi car accident lawyers can handle your insurance and legal issues so that you can focus on your recovery.  If you are involved in a car accident anywhere in Mississippi, we invite you to contact the auto accident attorneys at the Barrett Law Office PLLC to learn how we can help.

We have seen the consequences when victims come to us after settling with an insurance company only to realize they have serious injuries that were not apparent at the time of settlement.  We have also seen the negative consequences of speaking to the insurance company and waiting too long to contact us so that valuable evidence disappears and the insurance company uses these statements to avoid or mitigate damages.  You have nothing to lose by coming to see us for a free consultation and everything to gain so call us today at (662) 834-2376.

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Challenges in DUI Drugs Auto Accident Lawsuit

When people take prescription drugs and drive, they probably do not think that they are doing anything wrong. The truth is many prescription drugs can heavily distort a person’s judgement and reflexes and inhibit their ability to drive.  This increases the chance of them causing an auto accident while they are driving on Mississippi roadways.  Most people are very aware of the danger of accidents posed by drunk drivers but do not give much thought to the high numbers of car accidents caused by drivers who commit DUI while under the influence of drugs (called “DUI drugs” or DUID).

If a driver is in an accident and police believe the driver is impaired, they may request the driver take a breath test.  If the driver’s blood alcohol level (BAC) is below 0.5%, the police may ask that the driver take a blood test assuming that the driver did not test with a higher BAC because he or she is impaired by drugs that do not show up in a breath test.  Someone who is under the influence of drugs, whether illegal narcotics or prescription drugs poses a significant risk of causing a serious car accident.  Depending on the drug, the driver may suffer any of the following:

  • Impaired judgment
  • Distorted vision
  • Sleepiness
  • Inhibited motor skills
  • Ineffective decision-making
  • Slowed reaction time

While it is easy for a driver who is using drugs to cause a car accident, these cases pose special challenges to Mississippi car accident victims.  Unlike drunk driving cases, there is no “per se” type offense where a person is considered impaired based on a certain amount of the substance in one’s system.  A drunk driver is deemed to be impaired if the driver’s blood alcohol is .08 percent or above.  A DUI accident caused by intoxication with drugs requires providing evidence that the driver was actually driving unsafely as evidence of impairment, or the use of expert testimony regarding what the impact would be of the amount of a particular substance in a driver’s blood.  Generally, the fact the driver was in an accident may provide evidence of impaired driving but the point is that there is no specific amount of a substance in a driver’s system that automatically indicates the driver was impaired.

Another major challenge in proving drug impairment as the cause of a Mississippi car accident is the length of time drugs remain in the body.  A breath test will not detect drugs so a blood or urine test must be used.  The problem is that many drugs remain in the body for weeks or months after they have been ingested.  The attorney for the other driver’s insurance company may contend that the blood test results simply reveal prior drug use not intoxication at the time of the accident.

Where the drug that caused the accident is a prescription, the challenges can be compounded.  The injury victim faces the same issues in trying to prove that enough of the drug was present in the driver’s system to impact his or her driving.  The driver may claim that no warning was received or understood about the medication making it unsafe to drive.  This claim can be refuted by evidence that the bottle carried a warning that it was not safe to drive while taking the medication.

Despite these challenges in proving the negligence of a driver who is under the influence of drugs, you may be entitled to not only compensatory damages but also punitive damages if you prevail.  It is not uncommon for a jury to punish a driver who causes serious injury or wrongful death by operating a motor vehicle under the influence of a prescription or illegal drug.

If you have been injured in an auto accident involving a drug-impaired driver, then you should contact a Mississippi car accident attorney to discuss your right to compensation for your injuries.  We have been representing Mississippi car accident victims for over 75 years.  Our law firm offers a free initial case evaluation so call us today at (662) 834-2376.

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