Posts

Mississippi Car Accident Lawyer Discusses Negligent Driving

Car accidents are, unfortunately, extremely common. It is estimated that most people will have around three or four car accidents in their lifetimes. The vast majority of car accidents are not the result of intentional behavior, or faulty equipment, but rather, involve someone doing something careless. It is easy to become complacent while driving, and think that we can just make that one phone call, or take a quick look to see who that text was from. However, when these types of behaviors lead to a car accident that one text can lead to a driver being referred to as “negligent.” Negligence is the legal basis for many personal injury claims. But what exactly makes a person negligent?

Negligence defined

When we talk about someone having been negligent we mean that they failed to exhibit the “level of care that someone of ordinary prudence would have exercised under the same circumstances.” So if you were in your car and rear-ended by a driver who was looking at their phone, the other driver was likely negligent. If you were in an accident caused because the other driver suffered a stroke and rear-ended you, then the other driver was probably not negligent. This is because the first driver did something a reasonably prudent or cautious person would not do when they took their eyes off of the road to look at their phone, while in the second example, the driver who suffered a stroke likely did nothing wrong, but had an unpredictable physical problem that prevented them from operating their vehicle safely.

Making a case for negligence

If a person wishes to make a case against another driver for negligence, they must be able to show four things.

  • A legal duty was owed to the injured person
  • The defendant breached their duty
  • The person suing, or plaintiff, was injured
  • The injury was caused by the defendant’s breach of their duty

When it comes to car accidents, showing that a duty was owed to the injured party is pretty simple. A driver owes a legal duty to everyone else on the road, passengers in their own car and pedestrians. This is different from some other types of personal injury claims, such as medical malpractice, where a doctor only owes a duty to his or her patients.

A breach of duty occurs when someone does something that is not prudent. For instance, texting and driving or driving drunk.

In order to make a case against another driver for negligence, the person suing must be able to show that they were injured. This can mean physical injury, but can also include property damage, such as a car that has been totaled as a result of the accident.

Finally, the injury and the breach of duty must be causally linked. If someone rear-ended you while you were stuck at a red light causing you to suffer severe whiplash, and they were texting at the time of the accident, then they breached a duty that they owed you, and you were injured. However, if they were stopped at the time of the accident too, and their car jolted forward as the result of a mechanical defect, then the fact that they were texting would not have been causally linked to the injuries that you suffered, and there would not be a case for negligence.

If you were injured in a car accident, contact an experienced personal injury attorney to discuss your claim.  Contact Barrett Law PLLC to speak with our seasoned Mississippi Car Accident Lawyer today at (601) 790-1505.

 

/by

Mississippi Car Accident Lawyer Discusses Understanding the Car Accident Lawsuit Process

Mississippi Car Accident Lawyer Discusses Understanding the Car Accident Lawsuit Process

Chances are, you either drive or ride in a car on a regular basis. No matter how careful we might be behind the wheel, there is always a chance that we could find ourselves involved in an automobile accident. Getting into a car accident can be confusing, disorienting or downright overwhelming. If you find yourself trying to work through the aftermath of a car accident, and wondering where any legal claims might lead, it will help you to become familiar with some of the basic stages of a car accident claim.

The initial collision or accident

In the moments following a car accident, we are often in a state of disbelief. Your first priority should be determining if anyone involved needs medical attention, and ensuring that they receive that attention if it is required. If possible, avoid making statements regarding your own injuries or lack of injuries. It is not uncommon for injuries from a car accident to appear later in the day, or in the following days. In the moments after the shock of the accident we have adrenaline coursing and likely are not in the best position to fairly assess whether we incurred any harm. If you insist that you are fine, this could be documented and brought up at a later time to refute your claim for damages, when in reality, you were not thinking straight when you expressed that you were uninjured.

See a doctor

If you come to realize after the accident that you actually were injured, when you initially thought that you were not, it is important to see a doctor right away. Your doctor will make a record of the injuries that you suffered. If you postpone going to the doctor, your hesitation could be interpreted by others as evidence that your injuries were not too severe.

Use caution speaking with insurance companies

Insurance companies frequently offer settlements early on in claims, but these settlements are often for amounts far below what you could collect if you filed a lawsuit or had an attorney negotiate a settlement for you. Additionally, insurance companies might use things that you say to them against you. You do not have to be too chatty with them.

It is a good idea to speak with a personal injury attorney before agreeing to anything. An attorney will be able to tell you how to handle the insurance company and can give you some idea of what you should be expecting in terms of a settlement. In this way, your attorney might be able to prevent you from making statements or agreeing to things that might hurt your ability to collect compensation.

Filing a lawsuit

If early negotiations are unsuccessful, you may end up having to file a lawsuit. Your attorney will file a complaint for you. After the lawsuit is filed, “discovery” will start. This means that important documents and other information about your claim will be gathered and furnished to both sides and you will likely be asked to give a “deposition,” which is basically a formal interview in which you will be under oath.

More often than not, your claim will end up settling. This means you and your attorney will agree to end your claim for a certain amount of compensation.

Trial

Most claims will never make it to trial, but if yours does, this will involve the presentation of the facts of your case in front of a judge and possibly a jury. The judge or jury will determine whether the defendant is liable and if he or she is liable, then an amount of damages will be determined. Contact the Mississippi Car Accident Lawyer at Barrett Law PLLC today at (601) 790-1505 to learn more about your legal options.

/by

Car Accidents & Determining Fault in Mississippi

Traffic accidents can range from annoying nuisances to complete tragedies. Sadly, vehicle collisions occur frequently, and many people will experience one throughout the course of their lives. After a car accident, the most important thing to do is to ensure that anyone who needs medical attention receives it, but not long after the dust settles the question that presents itself is “who was at fault?” If you suffered an injury in a car accident, you might be facing costly medical bills in addition to property damage and lost time at work. When injuries such as these are the fault of another person’s negligence, you can recover monetary damages from that person to cover these expenses and more. However, you can only recover if the other person was to blame.

What is negligence?

Negligence on the part of one or more of the drivers is often the cause of a car accident. In order to be considered legally negligent, a person must have acted in a way that a reasonably prudent person would not have acted under the same circumstances. There are many ways that a driver might negligently cause a car accident. If one of the drivers involved had been drinking prior to driving, or was texting, or applying make-up at the time of the accident, then there is a good chance that person could be said to have been negligent. After all, a reasonably prudent person would know that engaging in these risky driving behaviors was unwise.

What if both drivers were negligent?

Sometimes a driver will be sitting patiently, waiting for a red light to turn green, when they are smashed into from behind by a driver who was looking at their phone and not the road. In this case, it is pretty clear that the driver who was waiting for the light was not negligent, and that the person who rear ended them was. There would not really be any room to argue that the driver who was hit should have moved out of the way or done something to avoid the collision. However, many accidents are not as clear cut as this. It is also possible that one driver was texting and another driver was speeding and an accident occurred as the result of both drivers behaving negligently.

So, if you were in a car accident, and suffered an injury, but think you might have shared some of the blame for the accident having occurred in the first place, you might wonder how your actions could impact your ability to recover compensation from the other driver. The way that your claim would come out would depend on which state your accident occurred in, and how much of the blame you bear for the accident occurring.

Mississippi follows what is called “pure comparative negligence.” Under this, a person who was negligent can still collect compensation for his or her injuries from another driver who was also negligent. Rather than barring a driver from collecting compensation, the damages available would simply be reduced based on the percentage of blame attributed to the injured driver.

So if you were found to be 40% to blame in an accident where you suffered $100,000 in damages, you could collect $60,000 the other driver, who would be 60% to blame. While many states do not allow a person to collect if he or she was more than 49 or 50% responsible, Mississippi has no such restriction.

If you were in a car accident, contact the experienced Mississippi Car Accident Lawyer at Barrett Law, PLLC now to discuss your claim in detail.   We can be reached at (601) 790-1505 or online on our website.

/by

DUI Sobriety Checkpoints Preventing Alcohol-Related Accidents in Mississippi

Those who drive under the influence of alcohol continue to account for an unacceptable number of serious accidents resulting in injuries and fatalities involving law-abiding vehicle occupants. The average number of DUI fatalities in Mississippi continues to place our state among the top ten in the country involving drunk driving crashes. A study by 24/7 Wall Street reported that Mississippi ranked fifth in the country for highest number of drunk driving deaths per capita. While drunk driving accounts for approximately a third of traffic-related fatalities, intoxicated drivers cause a significantly higher number of driving-related deaths in Mississippi on a per mile driven basis. The substantial risk to vehicle occupants of being involved in a serious car accident with an intoxicated driver makes the use of sobriety checkpoints an appealing countermeasure for promoting vehicle safety.

However, our Mississippi auto accident lawyers recognize there are a great number of critics that believe DUI sobriety checkpoints have limited effectiveness in preventing alcohol-related car accidents. Critics of checkpoints contend that few drunk drivers are actually arrested for driving under the influence at sobriety roadblocks. Sobriety checkpoint advocates counter that this DUI enforcement tool is a mechanism for deterring potential drunk drivers. While it is probably reasonable to assume that DUI sobriety checkpoints serve as a reasonable deterrent to moderate and social drinkers, they probably have minimal impact on habitual drinkers.

Opponents of sobriety checkpoints claim that less than two percent of drivers that pass through sobriety checkpoints are actually arrested for DUI on a national basis. This contention is misleading for a couple of reasons. First, the purpose of DUI checkpoints is not to arrest drivers but rather to encourage those who might otherwise choose to drive while intoxicated to make alternative arrangements. Further, given the millions of people who pass through DUI sobriety checkpoints, even a small percentage of DUI arrest amounts to tens of thousands of DUI drivers that are removed from U.S. roadways.

Another key factor rarely considered when evaluating the effectiveness of sobriety checkpoints in promoting public safety is the fact that many motorists removed from the road do not have a valid driver’s license. Drivers who are operating a motor vehicle without a valid driver’s license may never have satisfied the requirements to obtain a license, or they might have had their driving privileges suspended or revoked because of accidents, DUI convictions, or other traffic violations. When considering the effectiveness of sobriety checkpoints, the fact that a substantial number of drivers without a valid license are removed from the road also must be considered a safety advantage. While checking to see if drivers have a valid license cannot be the focus of a sobriety checkpoint, it is a secondary benefit.

Admittedly, reasonable minds might differ on whether the economics of sobriety checkpoints makes them the most cost-effective method of preventing collisions involving intoxicated drivers. However, there can be little doubt that removing intoxicated and unlicensed driver from our roads makes others safer. If you or a loved one has been injured in a drunk driving accident in Mississippi, our law firm aggressively seeks compensation for motor vehicle accident victims. At Barrett Law, our Mississippi Car Accident Lawyer is here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

/by

What Does Subrogation Mean in the Context of an Auto Accident?

If you are involved in a car accident, you will likely hear the term “subrogation” mentioned by medical providers, insurance companies, or attorneys. While subrogation issues can be extremely complex, the term literally means that one party stands in the place of another. This principle is important when pursuing a lawsuit or insurance claim following a collision because the right to pursue a legal claim belongs to the party who suffered property damage, bodily injury, or other forms of loss. The principle of subrogation permits third parties to assert a legal claim in the place of the injured party under certain circumstances.

By way of example, a nineteen-year-old college student gets into a collision when he is T-boned by a drunk driver. If the college student decides not sue the drunk driver because he is a friend, his grandmother cannot simply bring a lawsuit because she is outraged by the intoxicated driver’s conduct. Subrogation rules permit the injured party to assign his or her rights to pursue legal remedies to another party. Effectively, the principle of subrogation permits an injury victim to empower a party to pursue a lawsuit who would not otherwise have standing to sue.

A common example of subrogation in the context of an auto accident involves medical bills. If you file a personal injury lawsuit seeking damages from the other party, medical expenses will be a component of your settlement or jury verdict. While you might recover $30,000 in medical bills from the other driver, your health insurance company can seek reimbursement from you if your insurer covered your medical bills while you were in the hospital. Put another way, you do not get to collect for medical bills from both your own health insurance company and the other driver and/or the other driver’s insurer.

The issue of subrogation also frequently arises in the context of uninsured or underinsured motorist (UM/UIM) claims. If the other driver does not have insurance or has insufficient coverage to compensate you for the full amount of your loss, you can pursue a claim against your own insurer under the UM/UIM coverage provision. When a policyholder obtains UM/UIM benefits under his or her own policy, the insurance company may pursue a lawsuit against the other driver to recover some or all of the compensation the carrier paid to its own insured. Although you are not a “real party” in this type of lawsuit between your insurance company and the negligent driver, you might have to participate as a witness by testifying in a deposition and/or at trial.

Because insurance companies often negotiate discounted rates with health care provider, our law firm can work with clients to maximize our clients’ net recovery. If your medical expenses are extensive, this negotiation of lower rates can result in valuable additional compensation to cover your living expenses and related costs following a serious accident. Our Mississippi car accident attorneys represent individual injured by careless and inattentive drivers. At Barrett Law,our Mississippi Car Accident Lawyer is here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

/by

Defective and Missing Airbags Can Create a False Sense of Security

The majority of the time airbags operate effectively and safely. Airbags have saved almost 25,000 lives since 1970, but according to the National Highway Traffic Safety Administration (NHTSA), airbags that malfunctioned accounted for the deaths of 284 people, including 180 children, between 1990 and 2007. Airbags can be defective or not installed at all. If a person suffers serious injuries or wrongful death in a car accident resulting from a missing or defective airbag, the auto accident victim may be entitled to compensation for his or her injuries. This financial compensation can entail payment for medical expenses, lost wages, impaired earning ability, compensation for pain and suffering, and other types of damages. If someone is killed by a defective airbag or an airbag that is missing, the family (estate) can often sue the manufacturer of the vehicle or faulty airbag component for wrongful death.

When faced with this scenario, it is best to contact a personal injury lawyer or a wrongful death attorney who can help evaluate your specific situation and determine your legal rights. Our experienced auto accident law firm is committed to aggressively pursuing the best interest of our clients. Our lawyers at Barrett Law are dedicated to providing exemplary legal services as part of our ongoing objective of developing a reputation as the preeminent Mississippi auto accident law firm.

A victim that has been injured in a car accident related to the failure to install an airbag or a faulty airbag can pursue damages from the manufacturer of the vehicle and/or component parts based on product liability law. If the airbag is not installed or does not properly deploy because of a design or manufacturing flaw, manufacturers can be strictly liable for the defect depending on the specific facts and circumstances.

Airbags can malfunction in a number of different ways. They can deploy with excessive force. In other situations, the timing of deployment might be an issue if they deploy too early, late, or not at all. The reasons these dangerous scenarios occur might include defects in sensors, software, inflators, outdated technology, and more. Another airbag-related problem is the failure to install airbags or failure to replace the airbag after the vehicle is repaired following a collision.

Another claim that a victim can make in a defective airbag case is a “failure to warn” contention. A manufacturer of a product has the legal responsibility to ensure that its products are safe for the public. If there are risks that cannot be removed before the product goes to the market, then the manufacturer must provide adequate warnings advising consumers of the risk and how to avoid such risk. For example, air bags can be extremely dangerous for small children, so appropriate warnings need to be provided to consumers.

A recent case in another state involved a woman in her sixties who was struck by an airbag in a low-speed collision and suffered a severed spinal cord because the airbag deployed improperly. She is now a quadriplegic. The woman sued Mitsubishi, the maker of her car and prevailed. The lawsuit included claims for defective manufacturing, defective design, and failure to provide an adequate warning under the state’s product liability law.

The court ruled in the accident victim’s favor, finding the airbag and not the collision caused her injuries, which constituted the basis of the defective manufacturing claim. The design defect claim also was established because the court found that her airbags deployed unnecessarily, too forcefully, and too late. Vehicle occupants who are injured due to a defective airbag should speak with an experienced Mississippi auto accident attorney about their options and potential litigation strategies.

Defective airbag issues affect hundreds of thousands of vehicles manufactured by many of the largest auto manufacturers. At Barrett Law, our Mississippi Car Accident Lawyer is here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding your right to financial compensation.

/by

Tactics Insurance Companies Use to Deny Auto Accident Injury Claims

If you are involved in a serious car accident in Mississippi, you may suffer serious injury or the tragic loss of a loved one.  The liability claim typically will be handled by the negligent party’s insurance company.  Insurance companies maximize profits by minimizing the number and amount of payouts on valid claims.  Insurance carriers have teams of attorneys, experts, and a wealth of resources that they use to minimize the recovery of accident victims.  Insurers handle tens of thousands of claims each year so they have an enormous wealth of experience in avoiding or minimizing liability claims.

Car accident injury victims need to understand the deceptive tactics that auto insurance carriers use to avoid paying claims.  This blog provides an overview of some of the tricks and tactics that the other driver’s insurance company might employ to mitigate liability.

Delaying Settlement of a Claim: Insurance companies are aware that car accidents that result in any form of serious injury impose enormous financial pressures on a car accident victim and his or her family.  Mortgage lenders, credit card companies, utility companies and other creditors do not stop sending bills when a breadwinner is injured.  Insurance adjusters know that the challenge associated with paying household expenses is compounded by mounting medical bills. An insurance company may intentionally drag out the settlement process to increase the financial pressure on a disabled injury victim. The insurance carrier hopes that the financial pressure becomes so intense that you simply settle the case for whatever the insurance company is prepared to offer.  There are also crucial time limits like the statute of limitations and deadlines for filing a claim against a public entity.  Many personal injury lawsuits are permanently barred because a car accident victim fails to file a lawsuit or file a claim against a public entity within the required deadlines.

Use of Recorded Statements: Once the other driver’s auto insurance carrier has been informed that you have been injured in a car accident, the insurer might contact you and ask you to agree to a recorded statement.  The insurance adjuster may even imply that they cannot process your claim unless you provide such a statement.  Because your claim is a third-party insurance claim based on the liability of the insurance company’s policyholder, you are under absolutely no obligation to provide such a recorded statement.  Any inconsistencies, confusion, or misstatements might well be used against you to deny or minimize your claim.  The sole purpose of such a statement is to develop damaging evidence against you and to craft an effective litigation strategy to deny liability or reduce the value of your recovery.

Surveillance and Monitoring of Social Networks: Insurance companies can and often do gather evidence by way of social network monitoring.  A growing number of people disclose many intimate details of their life on social network websites.  Insurance companies are aware of this practice and may monitor your site for compromising admissions, photos, and video clips.  Examples of damaging admissions might include the fact that you were not wearing your seatbelt, or you were using a cell phone when the accident occurred.  More and more car accident lawsuits are derailed when pictures emerge of an injury victim dancing the limbo, engaging in extreme sports, or otherwise engaging in conduct that is inconsistent with serious injury.

Challenging the Existence or Severity of Injuries: Insurance companies often argue that your injuries are either faked, exaggerated, or the product of a cause other than a car crash. Insurance companies routinely request disclosure of any prior injuries or illnesses and attempt to determine whether any of your current injuries may be characterized as pre-existing.

Requests to Sign Documents: It is not uncommon for the other driver’s insurance company to ask you to sign legal documents.  Two common documents that you may be asked to sign are an authorization for the release of personal or confidential information and a general release of liability. An authorization for release of information may enable the insurance company to conduct a fishing expedition by seeking your employment records, medical records, criminal records, and many other types of documents and information. Car accident victims that sign a general release of liability may waive all future claims for liability, which include those linked to legal claims that they were not aware existed and injuries that have not yet manifested symptoms.

Our Mississippi Car Accident Lawyer anticipate these tactics and act to protect our client’s best interests.  Contact Barrett Law today at (601) 790-1505 to schedule your free consultation.  We can evaluate your right to financial compensation.

/by

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

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

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

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

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

/by

Winter Weather Creates Dangerous Road Conditions in Mississippi

Several arctic blasts have plummeted temperatures across Mississippi to record lows.  These frigid temperatures have lead to icy roads and numerous accidents.  Recently, in Pearl River, Mississippi, an astonishing thirty accidents occurred around I-59 in Pearl River County within one hour.  Tragically, an infant and two adults died due to the wintry conditions along Highway 11 near Picayune.

Earlier in the year, in Northern Mississippi, a storm resulted in extensive loss of power and downed tree limbs.  Over 5,000 homes in Hernando and DeSoto country were without power.  With this winter mix, a slew of accidents occurred.  A six vehicle accident involving multiple injuries took place in DeSoto County at the Coldwater River Bridge.  Meanwhile, in Olive Branch, three separate accidents transpired in a short 45 minute time span on Highway 305 and 78.

The icy road conditions lead DeSoto County and other counties across the state to implement a Inclement Weather Policy, which states that in the event of an accident which does not result in injury, and no drugs or alcohol were suspected, the drivers of the vehicles should exchange information, including names, addresses, phone numbers, and insurance data.  The drivers should then arrange a time to meet at the local law enforcement office.  Drivers have ten working days from the day of the crash to file a report.  Inclement weather policies such as this allow officers to focus their attention and resources on those who require medical assistance following a crash.

Forecasters predict Mississippi, along with much of the country, will continue to grapple with harsh winter weather in the coming weeks.  The following is a list of tips to help you stay safe on the roadways when the temperatures plunge:

  1. Wait it out – if it is sleeting, snowing, or likely that ice exists on the roads, the best way to avoid a potential accident is simply waiting for conditions to improve.  If staying home is not an option, listen to the news or radio before you leave to determine what roadways are the safest and which might be closed.  Avoid bridges as these are often the first places to freeze.
  2. Decrease your speed – when poor road conditions exist, travel below the speed limit to help maintain control of your vehicle.  High speeds and slick roads can cause serious accidents, spiraling even experienced drivers into a fishtail from which they may not be able to recover.
  3. Follow a slide – icy roads can cause vehicles to slide.  If you are caught in a slide, turn your wheel in the direction you are sliding.  This is the best way to correct it and regain your traction.
  4. Avoid constant braking – when driving on black ice, applying your brakes can actually cause you to slide.  Antilock brakes function poorly on snow or ice and will often lock up your wheels.
  5. Exercise caution and maintain vigilance – ice is particularly deadly for drivers because it is not always visible.  Be acutely aware of your surroundings when driving on potentially icy roads.  Further, remember that if you are struggling to drive on an icy road, chances are the other vehicles around you are as well.  Be on the lookout for other vehicles sliding towards you or into your lane and practice defense driving.

The seasoned personal injury attorneys at Barrett Law, PLLC want to see Mississippi drivers stay safe this winter by knowing the steps for managing icy road conditions.  If you or a loved one does get into a car accident, Barrett Law, PLLC can help.  The attorney team at Barrett Law, PLLC will zealously fight for your full recovery.  Call us today at 1 (601) 790-1505 to schedule a free initial consultation. 

/by

Outrage Erupts Over Lack of Jail Time for Teen Driver Who Killed Four

On June 15, 2013, the lives of several individuals in a town near Forth Worth, Texas, would be ripped apart forever.  On that night, sixteen year-old Ethan Couch and several of his friends had been drinking—heavily.  They had already stolen some beer from a local Wal-Mart.  After consuming the beer, the decided they needed even more.  So they decided to go for a drive in Couch’s pickup to get yet more alcohol.  At the time, Couch had already consumed a significant amount of alcohol—vodka and Everclear—and also had Valium in his system.  There were seven other teenagers in Couch’s pick-up truck.

Distracted and drunk, Couch turned onto Burleson-Retta Road, just outside Burleson, which is south of Fort Worth, Texas.  Couch, who was driving at approximately seventy miles per hour in a forty mile per hour zone, plowed into a group of people who were attending to a stranded motorist.  Couch’s pick-up struck another parked car, belonging to Brian Jennings and which also had two boys inside, which was then pushed into oncoming traffic.  Breanna Mitchell, 24, was killed instantly.  Mitchell was the driver of the stranded car.  Three other people were also killed.  Hollie Boyles, 52, and her daughter, Shelby Boyles, 21, were helping Mitchell with her stranded car, as was youth pastor Brian Jennings, 41.  The impact was so severe that the four were flung fifty to sixty yards away from the scene.

Two of the passengers in Couch’s truck, those that were riding in the flatbed portion of the pick-up, were critically injured.  One of the boys, Sergio Molina, spent several months in a coma.  He remains paralyzed and brain damaged, and he can communicate only by blinking his eyes.  A total of 11 people were injured.  Soliman Mohmand was seriously injured, suffering from broken bones and internal injuries.  Local authorities stated that it was the most horrific crash they had ever seen.

Three hours after the accident, Couch’s blood-alcohol content was a staggering 0.24, which is three times the legal limit in Texas.

Couch was charged with four counts of intoxication manslaughter and two counts of intoxication assault.  His defense was that he was suffering from “affluenza”—he was the product of a wealthy family with parents who never set appropriate boundaries for him.  He even had an expert in his corner—Dr. G. Dick Miller, a psychologist who blamed the accident on Couch’s parents.  Indeed, this was not the first time Couch had been cited for alcohol violations.  He had two prior possession of alcohol charges.

On December 11, 2013, Judge Jean Boyd sentenced Couch to ten years probation.  He was facing up to twenty years in prison for the accident.  Couch will not be released to his parents, but will be sent to a long-term treatment facility in California with a hefty price tag (borne by Couch’s parents) of reportedly $450,000 to $500,000 per year.  Couch’s defense attorney, Scott Brown, stated that nothing that Judge Boyd would have done could have lessened the suffering of the victims’ families.

But that is not what those victims’ families said.  Eric Boyles, who lost his wife and daughter in the accident, was outraged and stated that Couch has never had to face consequences for his actions. Marla Mitchell, Breanna Mitchell’s mother, said that Couch would face judgment from a “higher power.”

If you have been injured in a car accident as a result of someone else’s carelessness, or worse, the days, weeks, and months ahead will be an extremely trying time.  Dealing with recovering damages for injuries you have sustained is not something you should have to do alone.  Barrett Law PLLC, is here to help you. Let us put our experience to work for you.  Please contact us today at (601) 790-1505 to schedule an appointment.

/by