Posts

Mississippi Car Accident Attorneys Talk about Passing Other Vehicles Safely

A recent accident involving an SUV and a pickup truck that was towing a flatbed trailer serves as a somber reminder that drivers must always use caution when passing other vehicles. It appears as though the driver of the pickup truck that was pulling the trailer passed the SUV and then struck it with the trailer while returning to the right lane to complete the pass. The driver of the SUV lost control of their vehicle and it rolled over multiple times into the median.

Drivers can reduce the risk of accidents by passing other vehicles carefully. If you would like to pass a vehicle that is driving in front of you, first make sure that you do so legally.  Many accidents occur when drivers pass in the no-passing zones that are marked with double yellow lines and “do not pass” signs.

If you are on a multi-lane highway or some other area where passing is permissible, choose a safe location to make your pass. Passing may be permitted in areas where there are curves or hills, however, it is best to exercise caution when doing so, as your visibility of oncoming cars may be limited.  Once you have found a safe location, double check the area around you to make sure that there are no vehicles trying to pass you, and that any other vehicles nearby are a safe distance away. It is best to wait if you see a car approaching quickly from behind you.

Once you see that it is safe to make the pass, use your turn signal to let other drivers, including the driver that you are passing, know that you are passing. Once you are in the passing lane, increase your speed and remain in the passing lane until you can see in your rear view mirror that it is safe to move back into the other lane. When you see that there is enough clear space behind you to move into the other lane safely, activate your turn signal and complete your pass.

Barrett Law PLLC: Caring Legal Assistance for Mississippi Automobile Wreck Victims

The Mississippi Automobile Accident Attorneys at Barrett Law PLLC are here to help you if you have lost someone that you love because of a car accident or if you were injured in a car crash. Automobile accident victims who are severely injured may need a long time to recover from their injuries, and even those crash victims with minor injuries can experience significant interruptions in their day to day activities as the result of their accident. Families who have lost a loved one in an automobile wreck are likely to search for answers regarding their devastating loss, as well as seeking accountability from those parties who may be responsible for the death of their family member. To learn more, please call us today at 1 (601) 790-1505 to schedule a free initial consultation.

/by

Mississippi Car Accident Attorneys Discuss Work Zone Safety

The summer is a prime time for travel, but it is also a popular time for road construction.  With this in mind, if you are headed out on the highways, you are likely to encounter work zones. As inconvenient as the traffic, reduced speed, and detours may be, the presence of highway work zones carries with it the promise of smoother travels once the work is complete. Unfortunately, the men and women who work on our roads put their lives on the line every time they enter a work zone. Tragically, each year, accidents in work zones claim the lives of numerous road construction workers.  As such, it is important that drivers educate themselves about work zone safety and do their part to keep highway construction workers safe.

One of the most important things that drivers can do is to remain alert and aware of their surroundings. Work zones are clearly delineated, and all of the information that drivers need in order to get through them safely is usually right there on the road. Speed limit signs instruct drivers as to how fast they can go within a work zone.  Cones, barrels, flashing lights, and barriers provide physical cues for drivers so that they can know where to drive in order to navigate through the work zone. In some work zones, the road is only able to accommodate one lane of traffic at a time. In these situations, flaggers control the flow of traffic so that everyone is given a turn to pass through the area. Unfortunately, when drivers are fatigued or distracted, they are likely to miss some of this important information. When drivers see signs too late or miss them entirely, they may drive right into a work zone, killing or injuring workers.

Drivers and their passengers can also be hurt or killed in work zone accidents. They can be injured in the same types of crashes that can hurt and kill highway workers, or they can be involved in accidents with vehicles that are entering or leaving the work zones if they do not see them in time to respond to their presence in the roadway. The best ways for drivers to keep themselves, their passengers, and highway construction workers safe is to avoid driving when they are tired or fatigued and to avoid cell phones and other distractions while driving.

Barrett Law PLLC: Legal Assistance for Mississippi Car Accident Victims

If you were hurt or if someone you love was killed in a work zone accident, the Mississippi Car Accident Attorneys at Barrett Law PLLC are here to help you during this difficult time. Work zone accident victims may face lengthy recovery times and long absences from work, and families who have lost loved ones may experience difficulties in trying to put the pieces of their lives back together following a devastating loss. To learn more about how we can help you, please call our office today at 1 (601) 790-1505 to schedule a free consultation.

/by

Mississippi Car Accident Attorneys Explore the Connection between Accidents and Insurance Rates

Did you know that your car insurance premium does not automatically increase every single time that you have an accident? Somewhere along the way, many of us have adopted the notion that any car accident, no matter how minor, will cause our insurance rates to go up. This is simply not true, and while some accidents do cause rate increases, others have no effect on rates whatsoever. It is important that drivers understand this, because some accidents go unreported as a result of this faulty assumption.

Every insurer that offers coverage for automobiles calculates its rates in a slightly different way. When you make a claim, your insurer will consider a few relevant factors in addition to the circumstances surrounding the current accident, in deciding whether to raise your insurance rate. These factors include whether the accident was your fault, the number of claims that you have made in the past, your driving record, and the payout amounts of previous claims that you have filed.

To add to the confusion, some insurers offer “accident forgiveness,” which can reduce the likelihood of an accident affecting your insurance rates. While the exact definition of accident forgiveness varies from insurer to insurer, the general concept is that if the laws of your state permit and you meet certain other criteria, your first at-fault accident will not affect your insurance rates. Of course, as you might imagine, restrictions and exclusions do apply, so be sure that you read and understand your policy.

One major factor that will weigh heavily on whether or not an accident will affect your insurance premium is if you were violating the law at the time of the accident. Speeding, failing to obey red lights and stop signs, and driving under the influence of alcohol are common traffic violations that can lead to car accidents, but they are not the only ones. The accidents that are caused by drivers violating these and other traffic laws often cause large amounts of damage and injury. A driver who is at fault in an accident that occurred while they were violating one or more traffic laws can expect a large increase in their insurance rate if their insurer does not drop them altogether.

Barrett Law PLLC: Superior Representation for Mississippi Car Accident Victims

Drivers need to know that filing an insurance claim after a car accident will not automatically increase their insurance premiums. Please do not let a concern over car insurance rates prevent you from obtaining compensation for the injuries and damages that you have suffered as a result of a car accident. Also, be sure to get checked out by a doctor as soon as you can, so that you can get the care that you need and create a record of your injuries. If you were hurt in a Mississippi accident, the Mississippi Car Accident Attorneys at Barrett Law PLLC can help you. Call our office today, at 1 (601) 790-1505, to schedule a free consultation.

/by

Mississippi Car Accident Attorneys Explain Why You Need an Attorney for Your Car Accident Case

When a car crash occurs, the first thing that usually happens is that anyone who was injured is treated for their injuries or examined to ensure that they were not injured. Once injuries have been addressed and those who were hurt are beginning to work towards recovering from their injuries, other questions arise, such as filing a claim for damages so that medical bills can get paid and the vehicle can be repaired or replaced.

If you were involved in an accident and you are planning to pursue a claim for damages, you may wonder whether you can do so on your own, or whether you need an attorney to help you. There are a few reasons why it makes good sense to forego attempting to resolve your claim on your own and proceed directly to finding a Mississippi Car Accident Attorney who will help you.

One reason why it is a good idea to enlist the aid of an attorney in pursuing a claim for damages after an automobile accident is that all insurance claims, including those that appear to be simple and straightforward matters, have the potential to become difficult to resolve. This is, unfortunately, the nature of working with an insurance company, because they want to pay as little money as they can on as few claims as possible. When you work with a Mississippi Car Accident Attorney, your attorney is the one who will take care of all of the phone calls, emails, negotiations, and other tasks that must be done in order to get your claim through the claims process to a resolution that works for you.

If money is tight, hiring an attorney to deal with your automobile accident claim may seem like something that is financially out of reach. It is true that hiring an attorney costs money. Drivers who are represented by attorneys usually obtain much better settlements much faster than drivers who pursue their own claims. Therefore, the money that you spend on an attorney can be thought of as an investment in obtaining a better result in a shorter time than you could on your own, without having to make all of those phone calls, emails, and other communications with the insurance company.

A Mississippi Car Accident Attorney can also help you avoid selling yourself short. They know how to evaluate cases like yours, and they can give you an accurate assessment of the value of your case, so that you do not accept a settlement offer that is inadequate. What’s more, your attorney will work with the insurance company to secure a settlement offer that will compensate you adequately, and they can take that pursuit of a proper settlement into the courtroom, if necessary.

Barrett Law PLLC: Excellent Representation for Those Who Have Been Injured in Mississippi Car Accidents 

Dealing with an accident claim can be tedious, frustrating, and time-consuming. If you were hurt in an accident, you may prefer to focus your time and energy on recovering from your injuries, getting back to work, and getting your life back on track instead of spending hours on the phone arguing with an insurance company. The Mississippi Car Accident Attorneys at Barrett Law PLLC can help you obtain the compensation that you deserve. Call our office today, at 1 (601) 790-1505, to schedule a free consultation.

/by

Mississippi Car Accident Attorneys Reveal: Mississippi Ranked Among Nation’s Riskiest States for Drivers’ Wallets

Mississippi drivers take among the greatest financial risks when they drive on any of the state’s many roadways, according to a recent study that analyzed insurance data from each state.  Online financial website WalletHub set out to rank the nation’s riskiest states for drivers’ wallets.  Calculations were based on factors such as insurance requirements and the state’s percentage of uninsured motorists.  Mississippi was ranked the fourth riskiest state according to the WalletHub study.

Richie Bernando of WalletHub explained that the proportion of drivers with no insurance ranged significantly across states, with a high of 25.9 percent of drivers lacking insurance in Oklahoma, while only 3.9 percent lacked coverage in Massachusetts.  There are also significant differences in each state’s insurance requirements.  States set different minimum liability coverage, which will protect other drivers in the event of an accident.

Mississippi had the third highest percentage of uninsured drivers at a whopping 22.9 percent.  Oklahoma exceeded this number by a few percentage points.  Interestingly, the study did not find a correlation between the state’s insurance minimum requirements and the percentage of drivers lack insurance.

Mississippi requires all drivers to carry minimum liability coverage of $25,000 for bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage per accidents.  While these figures are on par with many other states, Mississippi, unlike 30 other states, does not require any additional coverage, including uninsured motorist coverage or medical payments coverage.

All Mississippi drivers are encouraged to add or increase their uninsured/underinsured motorist coverage due to the alarmingly high rate of uninsured drivers in the state.  As WalletHub reveals, law abiding drivers could find themselves in a difficult position in the event they are involved in an accident with an uninsured driver.

Uninsured/underinsured motorist coverage is extremely affordable and one of the wisest things you can do to protect yourself in the event of an accident.  Often this coverage will cost you only a few extra dollars each month.

In the event you are in an accident with an uninsured/underinsured motorist, your insurance coverage will cover the damages that result from the accident, up to the limits you have pre-selected.  If you lack this vital coverage, your only option will be to seek a personal injury claim against the at-fault driver.  In your claim, you can fight for compensation for your medical expenses, lost wages, pain and suffering, and much more. However, you will need an attorney to represent you in this claim and recovery is not always easy.  The action will take longer than an insurance claim would have and you will sometimes have to outlay funds to successfully bring the action.  Further, in the event the at-fault driver lacks assets, you may have trouble collecting on the judgment.  As such, it is in the best interest of all Mississippi drivers to secure uninsured/underinsured motorist coverage.

Barrett Law PLLC:  Assisting Drivers Injured by Under or Uninsured Drivers Across the State  

This new ranking is not one to be embraced by Mississippians.  Mississippi is known to have a high percentage of under or uninsured drivers, making it a dangerous place to drive.  If you have been injured in an accident involving an underinsured or uninsured driver, the Mississippi Car Accident Attorneys at Barrett Law PLLC can help.  We understand the unique issues involved in such cases and will fight to see that you obtain a full recovery even when the case is a difficult one.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our exceptional car accident attorneys.

/by

Mississippi Car Accident Attorneys Report: Two Killed in Accident Involving Child Driver

A tragic accident involving children occurred on Friday, December 12, 2014.  Two child passengers perished in a car accident while being driven by a nine year old boy.  The incident occurred about 45 miles east of Jackson in a rural area north of the town of Forest.  The car turned to avoid a mandatory checkpoint set upon on Highway 35.  A Mississippi Highway Patrol officer noticed the 2003 Mercury Sable attempting to avoid the checkpoint and set off after the vehicle.

The runaway car veered off the road while attempting to avoid the police officer.  The car overturned and collided with a utility police.  The nine year old driver and one of the passengers, a boy of only three, were ejected from the vehicle.  The ejected toddler and another passenger, a 13 year old boy, died from their injuries.  The nine year old driver and the remaining passenger, a 13 year old girl, were rushed to the hospital for treatment.  The driver remained in critical condition and the young girl’s condition has not been released.  The names of the survivors have also not yet been released.

All four of the children in the vehicle that day lived in the same household, though their relationship to one another is not clear.  Police have not released the name of the owner of the vehicle.  None of the children occupants were wearing seatbelts.

Any car accident is a tragic occurrence, but when young children are involved accidents become all the more troubling.  More than 9,000 children under the age of 12 will die in car crashes each year.  This number is down tremendously since 2002, but many safety advocates feel the figure is still too high.  Researchers report that one out of every three children killed in automobile accidents was not wearing a seat belt.

Study after study has demonstrated that seat belts and age appropriate child restraints are the best way to protect children in the event of a crash.  Yet many states, including Mississippi, have not yet passed laws requiring the use of car seats and booster seats for all children under the age of eight.  Even more states have not adapted car seat laws to meet with current safety recommendations, which include keeping all children under the age of two years old in a rear facing car seat.  According to many child safety advocates, passage of mandatory booster seat laws up until the age of eight would save many elementary school aged children who are simply too small to be safely riding in a seat with just a seat belt.

If your child is injured in a car accident, consult with a licensed car accident attorney as soon as possible.  It is imperative your child’s rights be protected fully from the start.

Barrett Law PLLC:  Mississippi Automobile Accident Attorneys Fighting for Your Full Recovery

All car accidents are tragic and unfortunate.  Those involving young children, however, are particularly heinous.  This accident highlights the importance of child supervision and of teaching even young children never to get in the car with anyone other than a trusted adult.  The importance of wearing a seat belt also cannot be overemphasized to children.  If you or a loved one is involved in a car accident, the Mississippi Car Accident Attorneys at Barrett Law PLLC are here to help.  Our dedicated car accident attorneys will fight for your full recovery, which may include medical expenses, lost wages, rehabilitation costs, and non-economic damages.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our experienced car accident attorneys.

 

/by

Mississippi Car Accident Attorneys Name the Most Dangerous Drivers

Car accidents occur by the millions each year, and even the most cautious drivers can become the victims of serious crashes.  You have likely heard arguments as to the safety of some drivers, and risky driving engaged in by other driver groups.  Some people claim that older drivers should not be allowed to drive because they are slow to react and create a hazard.  Others assert that young drivers are the most dangerous and the driving age should be increased because youths do not take the risk of car accidents seriously enough.  The following is a look at the safety of two driving groups: teen drivers and older drivers.  This analysis offers some answers as to which group is the most dangerous drivers.

Statistics Point to Teens as Most Dangerous

Statistics concerning car accidents provide perhaps the most vital look into the safety of particular driving groups.  According to statistics, teen drivers, especially male teenagers, are the most dangerous users of the road.  While older drivers are involved in large numbers of accidents, teen drivers far exceed their accident rates.  The evidence is below:

  • Teen drivers between the ages of 16 and 17 are involved in nine times as many crashes per mile driven than middle aged drivers.
  • Those over 80 years old are involved in five and a half times more accidents than middle aged drivers.
  • Teenage drivers between the ages of 16 and 19 are the most likely age group to be involved in any sort of car accident.
  • Drivers in their 60s are not any more likely than drivers in their 30s to be in an accident.
  • Boys between the ages of 16 and 19 are twice as likely to be in a fatal accident than girls of the same age.
  • While those over the age of 75 do have an increased fatality rate, studies show that this can be attributed to medical complications involved with the injuries and is not related to the group’s overall accident incidence.

Assessing the Risk to Teen Drivers

These frightening statistics involving teen drivers have lead many safety experts to examine why the teen accident rate is so high.  Studies have concluded that part of the reason for so many teen accidents actually involves the brain of the teenagers themselves.  Teen brains are still developing and these immature brains lead teens to impulsive decision making.  When you combine a lack of driving experience with impulsive tendencies, you create a recipe for disaster.  So far, studies show that:

  • Teens are more likely to speed.
  • Teens are more likely to engage in risky behaviors such as tailgating and passing.
  • Teens have the lowest rate of seatbelt usage.
  • Teens are likely underestimate danger on the roadways or not recognize it whatsoever.
  • Teens drive distracted more often than any other age group.

Barrett Law PLLC:  Mississippi Automobile Accident Attorneys Fighting For Your Recovery

Thousands of car accidents will be caused by teen drivers each year, and many careful drivers will become the victims.  If you are injured in a car accident anywhere in Mississippi, the Mississippi Car Accident Attorneys at Barrett Law PLLC are here to help.  Our team of skilled and dedicated automobile accident attorneys will carefully investigate the cause of your accident, gathering evidence of negligence on the part of the at fault driver.  We will then fight for your full recovery, which may include medical expenses, lost wages, rehabilitation costs, and non-economic damages.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our experienced car accident attorneys.

/by

As Investigations Continue, GM Hints Its Recall Avalanche May Come to an End

Recently, auto industry giant General Motors, who is also embroiled in much litigation and governmental investigations, hinted that its avalanche of older vehicle recalls may be over.  Earlier this year, General Motors recalled over 2.6 million vehicles, all of which were older models and small sedans, due to a faulty ignition switch.  The defective ignition switch allows the vehicle to switch out of run, switching it into off.  In the off mode, the power steering and brakes are disabled.  This can cause drivers to lose control of the car.  Further, the faulty switch will disable the air bags, causing them not to inflate in the event of an accident.  This faulty ignition switch has been linked to over 54 crashes and 13 deaths.  It is expected more accidents and deaths will be uncovered as investigations continue.

Months after this initial massive recall, the recall widened to include another 3.4 million vehicles.  The cars involved in this recall were larger model, older cars.  GM revealed that the faulty switches in these vehicles are, in fact, different from those in the initial smaller recalled vehicles.  The ignition switches in these vehicles can be knocked out of the run position due to the force of a large bump.  They can also be knocked into off mode by only a swinging keychain.  These faulty switches have been linked to at least six injuries in eight crashes.

Recalled vehicle models include several Chevrolets, Pontiacs, Saturns, Buicks, Cadillacs, and a Chevy Monte Carlo.  Not all years are affected.  Anyone who owns one of these vehicles and has been in an accident, or has been involved in an accident with a potentially recalled vehicle, is advised to consult with an attorney as soon as possible.

The number of lawsuits filed against GM continues to grow daily as the faulty switches are being linked to more and more accidents.  Several investigations are underway and substantial evidence has been revealed that demonstrates GM’s longstanding knowledge of the problem and failure to correct it.  GM apparently became aware of the faulty nature of the switch in 2001, but did not issue a recall to owners of affected vehicles until this year.  In 2005, GM engineers actually developed a fix to the problem that would have cost just $1 per vehicle.  GM, however, chose not to fix it.

While GM’s recall avalanche over the ignition switch problem may be over, the automaker will likely continue to be involved in lawsuits and litigation for some time to come.  GM is attempting to put together a settlement to compensate auto accident victims, but the details are unclear as of yet.

Barrett Law, PLLC: Experienced Representation for Defective Automobile Accident Victims in Mississippi

For over 75 years, across three generations, the Mississippi Car Accident Attorneys at Barrett Law PLLC have provided skilled, zealous, and intelligent representation for the victims of defective automobile accidents and other types car accidents across the state.  Our personal injury attorneys have the knowledge, experience, and resources to obtain the results you seek.  Our attorneys will immediately investigate the facts of your accident to uncover whether a recalled GM part or other sort of product defect played a role.  We will then guide you towards a full and complete recovery.  Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free.  The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal.  Call today at 1 (601) 790-1505 to schedule your free consultation.

 

/by

Mississippi House Rejects Texting Ban

As the 2014 session drew to its close, the Mississippi House killed a ban on texting-while-driving.  The argument set forth by Representative Bill Denny of the Mississippi House, who made the procedural motion that shelved the bill, justifying this decision was that texting is no more dangerous than any other distraction while driving.  Those who were pushing for the bill were upset  by the decision to kill the bill because it was a compromise that had started the fines at a low level and classified the offense for texting-while-driving as a civil rather than a criminal one.

According to the Insurance Institute for Highway Safety (IIHS), Mississippi is one of seven states that allow all drivers to text behind the wheel.  Several states have banned texting for novice drivers while 39 states and the District of Columbia have banned texting for all drivers.  When a person is texting and driving, sending a text takes a person’s attention off the road for approximately five seconds for even the briefest of texts.  During that time, a vehicle will travel the length of a football field when traveling at 55 miles per hour.  That is a significant distance where the driver is not aware of what is happening on the roadway in front of the car.  This is one of the reasons why there are more than one million accidents each year where a cell phone was involved.

The National Safety Council has just released its annual injury and fatality report, titled Injury Facts, which states that the use of cell phones caused 26% of all the car accidents in the country.  This is a slight increase from the numbers released in 2013.  Of the 26% of cell phone-related car accidents, only 5% of those involved a situation where the driver was texting while driving.  Those who oppose bans on texting while driving will view this data as justification for the decision.  However, it is believed that these is a significant under-reporting of texting and cell phone usage by a large number of researchers.

In contrast to the reports that suggest texting and driving is no more of a danger than any other distraction, the Centers for Disease Control and Prevention (CDC) reports that that texting is particularly dangerous because it covers all three types of distraction, which are:

  • Visual – removing your eyes from the road;
  • Manual – removing your hands from the steering wheel; and
  • Cognitive – focusing on something other than driving.

The CDC reports that distracted driving involving cell phone use is much higher in the United States than in other countries.  In fact, 31% of American drivers between the ages of 18 to 64 admitted to reading or sending text messages or reviewing an e-mail while driving.  Although Portugal did  reach similar levels, other European nations were less than half that rate.

According to the analysis done by the CDC, young drivers under 20 years old are at a greater risk of getting into an accident while texting and have the highest rate of distracted driving fatalities.  In addition, a young passenger who gets in the car with someone who is texting and driving is almost twice as likely to get in the car with someone who has been drinking than another high school-aged person who does not text and drive, demonstrating a link between the risky behaviors.

Regardless of the dangers of texting and driving, do not be surprised when the person traveling at high rates of speed in the next lane of the highway takes the time to update their profile page – the legislature says that is perfectly okay.

When you or loved ones are injured in a distracted driving accident, there may be a long and difficult recovery ahead of you.  The knowledgeable and dedicated auto accident attorneys at Barrett Law PLLC are determined to get you the compensation that you deserve because you were injured when someone did not think the world should wait for news about a haircut or plans for the weekend.  We will work to hold the person accountable for his or her negligent actions.  To set up an initial consultation, call us at (601) 790-1505.  We will only be paid if we recover damages for you.

/by

Mississippi Considering Texting While Driving Bans

Recently, Illinois became yet another state to entirely ban the use of handheld devices while driving.  On August 16, 2013, the governor of Illinois, Pat Quinn, signed legislation that prohibits the use of any handheld device while operating a motor vehicle on any Illinois roadway.  The law becomes effective January 1, 2014.  Illinois previously had significant restrictions on the use of hand-held devices while operating a motor vehicle.  Illinois will become the twelfth state to implement such a ban.  Other states with the ban include California, Connecticut, Delaware, Hawaii, Maryland, Nevada, New Jersey, New York, Oregon, Washington, and West Virginia, as well as the District of Columbia.

Nationally, such restrictions are a growing trend.  Most states have at least some restrictions on the use of handheld devices while operating a motor vehicle.  All but nine states have banned text messaging while driving, as has the District of Columbia.  Young drivers’ use of hand-held devices is limited in thirty-seven states. Arizona, Montana, and South Carolina are the only three states that have no restrictions whatsoever on the use of hand-held devices, whether talking or texting, while driving.

Additionally, federal law bans the use of hand-held devices by commercial drivers and bus drivers.  The Federal Motor Carriers Safety Administration (FMCSA) creates these restrictions.  It also provides for fines and penalties against drivers caught violating the restrictions.  It is well-established that the use of hand-held devices while driving increases the risk of motor vehicle accidents.  One study done for FMCSA indicated that the risk of crashes or traffic violations is more than 23 times higher for drivers text while driving.

Mississippi has laws in place that limit texting while driving.  Under current Mississippi law, drivers with a learners permit are prohibited from texting while driving.  The use of hand-held devices is also banned for bus drivers if minor children are on board the bus.  No other limitations or restrictions exist regarding the use of hand-held devices while driving.  However, the Mississippi Senate Transportation Committee recently held hearings regarding implementing additional restrictions in the 2014 Senate session.

Senator Sally Doty seems to be in support of additional restrictions, stating that texting while driving endangers the lives of both the individual engaging in the action as well as others on the road, but did concede that restrictions can be difficult to enforce.  Senator Hob Bryan expressed concern that general restrictions do not take into consideration factors such as the remoteness of the roadway being travelled.  Despite these conflicting interests, many critics of Mississippi’s lack of restrictions have recently begun more strongly voicing their concerns.  Many newspaper articles have been written over the last several years strongly advocating for increased restrictions in Mississippi.

Nationally, there has also been a trend in lawsuits being brought involving the use of hand-held devices while driving, alleging that drivers were texting while driving and therefore negligent in causing accidents.  Even more recently, assertions of negligence have been brought against individuals texting a driver because that individual knew the driver was operating a motor vehicle at the time.  To date, these lawsuits have been unsuccessful.

Barrett Law, PLLC has been representing the rights of individuals injured in motor vehicle accidents in Mississippi for decades.  If you or someone you love has been injured in a motor vehicle accident, please contact us today to discuss your rights.  We can be reached at (601) 790-1505.

/by