Category Archives: Auto Accidents

    Mississippi Trucking Accident Attorneys Discuss Crashes Involving Tractor-Trailers

    Any accident that involves a tractor-trailer will typically cause a greater amount of property damage and more severe injuries than a crash involving passenger cars. The size and weight of an 18-wheeler can create the potential for very serious accidents. When a 40-ton tractor-trailer collides with a 3,000 pound economy car, the result can be incredible carnage resulting in catastrophic injuries and wrongful death.

    Accidents involving a large truck can happen at any time, but the risk is highest during the morning and evening commute times when roads are the most crowded. Accidents involving large trucks differ significantly from accidents involving only passenger cars, SUVs, pickups or vans. In a rear impact crash, the vehicle that is struck usually sustains the most damage. If a big-rig rear-ends a passenger car, the occupants of the passenger car often suffer severe injuries that include traumatic brain injuries, loss of limbs, spinal cord damage, severe burns, or damage to vital organs.

    If you or someone that you love has been in an accident involving a tractor-trailer, it is important to understand what happens in the hours and days following this type of vehicle collision. Since large trucks are often owned by a trucking company and covered by a commercial insurance policy, the trucking company will notify its insurer of the accident. Many trucking companies also have the ability to dispatch trucking accident investigators to the crash site within minutes. This means that a team of trucking investigators and insurance defense lawyers might be aligned against you, gathering evidence, and crafting a legal defense strategy before you have even consulted with an experienced Mississippi trucking accident lawyer.

    As a part of their assessment of the accident, the investigators will try to speak to as many of the people who were at or near the scene of the accident as they can. Injury victims should not assume that the investigators are neutral parties since they are employed by the trucking company or its insurer. In other words, these investigators do not have your best interest in mind. You have the right to refuse to speak with the investigators until you have had the opportunity to obtain legal advice about the accident. It is a good idea to contact a Mississippi trucking accident attorney as soon as possible after you are involved in a tractor-trailer collision. Your attorney can provide you with valuable support in dealing with the accident investigators. The attorneys you retain will employ their specialized knowledge regarding commercial insurance policies, trucking industry laws and regulations, strategies for preserving evidence, crash analysis and reconstruction, and motor vehicle liability rules to build a compelling claim for financial compensation.

    The issue of preservation of evidence is fundamental to trucking litigation. Commercial carriers often have their trucks repaired shortly after a crash and return the truck to service. When the truck is quickly returned to its pre-crash condition and put back on the road, critical evidence can be lost. The event data recorder (“black box”) information involving the crash can be erased because the recorders have limited recording space. Further, physical or mechanical repairs can impair the ability of trucking accident reconstruction experts to determine the cause of the semi-truck accident. Our Mississippi trucking accident lawyers often send a notice to the trucking company indicating that the big-rig and its black box are the subject of litigation. This letter will warn the trucking company that failure to preserve this evidence in its post-crash condition will force our law firm to seek sanctions for “spoliation” of evidence. We also seek gas receipts, driver log books, tire invoices, and other documents to construct a compelling claim for damages.

    If you or someone that you love has been injured or died in a Mississippi trucking accident, it is important that you speak with an attorney right away so that your rights can be protected. The knowledgeable and experienced Mississippi tractor-trailer accident lawyers at Porter & Malouf, P.A. might be able to help you. If you have questions, please call our office today at (601) 957-1173 to schedule a free initial consultation.

    Mississippi Car Accident Attorneys Discusses Crash-Related Traumatic Head Injuries

    Traumatic brain injuries, which are one the most common types of injuries suffered in motor vehicle accidents, pose significant physical, financial, and emotional challenges. Recovering from such an injury is often a slow process. Car accident victims might need months or years to regain their full cognitive functions. Unfortunately, some accident victims never fully recover from a brain injury, these victims might require a lifetime of supportive care. As accident victims with brain injuries progress through the healing process, loved ones often become caregivers and indefinitely provide for the victim’s physical and emotional needs.

    Automobile accident cases where the victim has sustained a brain injury are among the most complex types of personal injury cases for a number of reasons. While the legal process generally is too complex for any layperson to navigate when pursuing a car accident claim, brain injuries present special challenges that necessitate legal representation, such as:

    • Delays in Manifesting Symptoms: Many people who suffer head injuries during a car accident experience no significant symptoms in the immediate aftermath of the crash.       While an “open head injury” will be obvious because it involves penetration of the skull, “closed head injuries” might not present any overt signs of injury. An auto accident crash victim that has no symptoms right after the crash can subsequently experience swelling and bleeding that causes growing pressure on the brain. This growing pressure can result in an accident victim quickly deteriorating after a period of feeling fine. A vehicle occupant who suffers ANY head injury in a crash should seek prompt medical attention. Physicians can use special diagnostic tools like CT Scans, MRIs, and related imaging tests to identify the nature of the injury and to take action to improve the patient’s prognosis. Further, these scans and the medical records will provide critical evidence of the extent of injury. A personal injury attorney who has handled brain injury cases can guide you in the proper direction in terms of establishing medical evidence of your injury and related disabilities.
    • Staggering Medical Bills: Another challenge in pursuing a legal claim involving a collision-related brain injury is that the medical bills typically will be hundreds of thousands of dollars. While you might have health insurance to cover these costs, you might face staggering co-payments and other costs that your insurance does not cover.       An experienced Mississippi car accident lawyer often can help you get such expenses covered by arranging for the medical facility or physician to perform services subject to a medical lien. This means that the doctors and medical facilities get paid out of the recovery when the case results in a settlement or trial verdict.
    • Complex Medical Evidence & Experts: When a traffic accident victim suffers severe injury to the brain, the relevant evidence will involve complex medical information and terminology. Medical experts like neurologists might need to testify regarding the nature and extent of your injuries. These experts also can be used to testify to a jury and help explain complex medical evidence in an understandable way. If the brain injury is severe enough that the victim will never fully recover, other experts also might need to be retained. A vocational counselor might need to testify regarding occupational limitations created by the effects of the head injury.       Alternatively, an economic expert might be needed to testify about the financial value of some aspect of the victim’s damages.

    These are just a few of the special obstacles that brain injury victim’s must overcome when pursuing a personal injury claim. Our experienced Mississippi car accident lawyers have experience taking on large insurance companies, so we anticipate their tactics and respond in a way calculated to maximize the recovery we seek for our clients. If you or someone that you love has suffered a brain injury because of an automobile accident, the experienced Mississippi automobile accident attorneys at Porter & Malouf, P.A. are here to represent victims of careless and inattentive drivers. Call our office today at (601) 957-1173 to schedule a free initial consultation.

    Mississippi Automobile Accident Attorneys Discuss Perils of Night Time Driving

    There are sound reasons that many motorists feel less comfortable driving at night. The natural tendency to feel less comfortable driving at night is supported by the fact that the fatality accident rate is three times higher than during the day according to the National Highway Traffic Safety Administration (NHTSA). Although there are inherent risk factors that increase the danger of driving after dark, there are also driving safety practices that can mitigate this risk. Further, the NHTSA also reports that approximately half of all auto accidents occur at night even though traffic is much heavier during the day. Because our experienced Mississippi car accident lawyers see the tragic consequences of drivers who do not adjust their driving at night, we urge people to consider the dangers presented by driving after the sun sets and strategies for keeping safe.

    • Limited Visibility: Driving requires skill and concentration at any time of day or night, but motorists struggle to see potential road hazards, curves in the road, or even pedestrians crossing the street in the middle of a block after dark. The visibility challenges created by darkness can be complicated by the presence of fog or rain which can further impair visibility. Reduced visibility means that drivers do not identify road hazards as early, so motorists have less time to react and engage in evasive maneuvers like braking or swerving to avert a collision. Darkness can also interfere with the ability of motorist to distinguish objects or determine that traffic is stopped. If a driver traveling toward a motorist fails to turn down his or her high beams, this can make seeing at night even more difficult.
    • Speeding: Although there is less traffic congestion at night, this does not necessarily translate into safer roadways. Many drivers view a wide open roadway as an invitation to exceed the speed limit. Traveling at a high rate of speed cuts into the already shorter response time of drivers struggling to overcome the challenge of poor visibility. Speeding contributes to almost a third of all fatal crashes, so increased speeding at night makes the streets and interstates of Mississippi much less safe.
    • Driving Under the Influence (DUI): Most people probably are not surprised to learn that drunk driving tends to be more common at night. Whether a driver stops at a bar on the way home from work or enjoys several beers at a sporting event before returning home, a disproportionate number of fatal DUI accidents occur during the late night and early morning hours. Approximately 18 percent of crashes during the daytime are alcohol-related whereas 53 percent of motor vehicle accidents at night are alcohol-related according to the NHTSA.
    • Lack of Seat Belt Use: Although it might not seem that driving at night should impact seat belt use, fatal crash data reveals that seat belt use declines dramatically at night. Two out of every three drivers involved in fatal crashes at night fail to buckle up. During the day, less than half of drivers involved in deadly crashes are not buckled up. Although there might not be a clear relationship between the time of day that a person is driving and seat belt used, but the higher frequency of intoxicated driving at night might also explain increased risk taking behavior, such as forgoing a seat belt and speeding.
    • Drowsiness: The conventional sleep schedule for most people involves sleeping during late night and early morning hours. When drivers are navigating the roadways during a period they are used to being asleep, the risk of falling asleep behind the wheel is much higher. If a motorist is drowsy, there is a high risk of dozing off.

    Although driving at night is more dangerous than during the day, motorists are safer traveling the roadways of Mississippi after dark than in years past. The number of nighttime motor vehicle fatalities has been declining steadily over the last forty years. During that time, roadway safety features, including improvements in lighting, signage, and pavement markings have made night driving less dangerous. Tougher drunk driving penalties and mandatory seatbelt laws also have improved driver safety habits. Vehicles innovations, such as, headlights that provide greater visibility and safety features like air bags have also reduced the risk of driving at night.

    Safety Tips for Night Time Driving from Traffic Safety Advocates

    Motorists can increase their chances of arriving at their destination safely when operating a motor vehicle at night by implementing some simple safe driving practices.

    • Reduce speed to account for diminished visibility at night
    • Find a safe location and rest if you are feeling drowsy
    • Dim high beams as a vehicle approaches in the other direction
    • Bring a designated driver or call Uber if drinking
    • Buckle up with both a lap belt and shoulder harness

    If you or someone you love has been injured in an automobile accident, the compassionate and knowledgeable Mississippi automobile accident attorneys at Porter & Malouf, P.A. can help. Call our office today at (601) 957-1173 to schedule your free initial consultation.

    The Impact of Motor Vehicle Innovations on Car Accidents Involving Distracted Drivers

    Distracted driving is a leading cause of automobile accidents, which accounts for eighty percent of accidents and sixty-five percent of near misses. While distracted driving accidents involving cell phone use and texting permeate the media, distracted driving also encompasses other activities that virtually all motorists engage in from time to time. Activities that do not involve portable electronic gadgets like eating, drinking, reading, shaving, applying makeup, reaching for objects, disciplining children, and talking with passengers can all divert a motorist’s attention from the roadway. While the average time to engage in reading, sending or composing a text message may only divert a driver’s attention for an average of five seconds, a vehicle traveling at 55 mph will travel the length of a football field in that time.

    Although vehicle technological innovation is constantly improving, many of these improvements arguable make motorists less safe. While airbags, crash warning systems, improved child safety restraints, and shoulder belts offer safety benefits, so-called “infotainment systems” arguably ensure that drivers are faced with even more distractions. While automakers contend the systems offer a safer method to surf the web, read email and post Facebook status using voice commands, these systems still require some manual manipulation and continue to pose a mental distraction. These types of vehicle innovation might increase the number of car accidents because drivers have a form of distraction that invites multi-tasking behind the wheel.

    In contrast to this new form or electronic web-connected technology that is being pushed by the auto industry, there is an aftermarket product that can actually reduce the risk of distracted driving accidents. This new device, which is currently only available in New York, New Jersey, Pennsylvania, and Connecticut, uses radar to alert drivers when they are in danger of being involved in an auto accident. The radar purportedly functions as a sort of “shield” around the vehicle and sounds a warning to notify a driver that they are getting too close to an object, such as another car, bicyclist, pedestrian or fixed object.

    If you do not live in one of the four states where the radar technology is available, there are other high-tech safety devices that can be used to discourage inattentive driving. There are a variety of devices that block cell phone signals. While these devices function differently depending on the specific type, one such example blocks incoming texts while a vehicle is in motion. The device sends out a message to the other party indicating that the recipient of the message is driving and unable to respond. Most of these types of devices also can direct all incoming calls to voicemail.

    When evaluating “bells and whistles” while shopping for a new vehicle, it may be worth looking into some of the new accident-protection features which are available on some makes and models. For example, the Toyota Prius is available with technology that is designed to keep you in your lane. A radar system for avoiding frontal impacts also is available for the Prius. Volvo offers a technology add-on that monitors the driver’s face for signs of drowsy driving and alerts the driver that he or she might be too tired to drive.

    While safe-driving technology is improving, the unfortunate reality is that there are still many accidents which are caused by distracted driving. If you or someone that you love has been injured in an automobile accident that was caused by distracted driving, the experienced Mississippi automobile accident attorneys at Porter & Malouf, P.A. may be able to help you. Call our office today at (601) 957-1173 to schedule a free initial consultation.

    What to do if you are Hit by an Uninsured Driver in Mississippi

    Despite state laws requiring people to obtain automobile insurance, there are still thousands of uninsured motorists out on the road. In fact, according to a 2011 study conducted by the Insurance Research Council, approximately one in every seven drivers is uninsured – that’s a startling 14% nationwide. In Mississippi however, the study found that the rate of uninsured drivers was double the national average and the highest in the U.S. at a whopping 28 percent! With this in mind, it is important for drivers in Mississippi to take certain steps should they find themselves involved in an accident with an uninsured motorist. With the shockingly high percentage of Mississippi drivers without automobile insurance, it goes without saying that the following steps are crucial, and should not be taken lightly:

    1. Contact the police immediately. Despite how much the other driver is trying to talk you out of contacting the police, do not listen. Even if your accident is minor and waiting for the police starts to feel like an unproductive nuisance, it is best to take all steps necessary to protect yourself. Once police arrive, they will assess all damages, obtain each driver’s information, and gather the facts necessary to put together their report. If you wish to be compensated for your damages, no matter how minor they may be, it is crucial to have the police involved right away.   Also, it is highly recommended that you contact the police when involved in an accident with an uninsured motorist since they should be held responsible for violating the law. Every state requires its drivers to obtain auto insurance. While the state minimums may vary, it is still the law to have an active policy in effect. When you contact the police, you are taking one less unisured driver off of the road! This is important, especially in Mississippi where nearly one-third of all drivers do not have insurance.
    2. Obtain the other driver’s contact information. Be sure to write down the driver’s information directly from their driver’s license and/or any other official medium of identification. Keep in mind that for fear of liability, the other driver may provide you with false information in the event that you do not obtain their official home address and telephone numbers. That is why it is never recommended that you simply go on their word. Also write down their vehicle license number and also, ask for their work address, phone number, and any other pertinent contact information.
    3. Call your insurance company. Despite the fact that the other driver contains no insurance, call your carrier and file a claim immediately. Even if you think that your insurance will not cover your damages, it is crucial to file the claim anyway and figure out coverage from there. For those who wait to file a claim, they could end up being denied due to the lack of timeliness in contacting the insurer.
    4. Obtain the contact information of witnesses. Not only should you obtain your witnesses’ contact information, you should also ask them to write down a summary of what they saw. This way, if there is a question of fault, a witness can verify what happened, who’s at fault, and how the accident occurred.
    5. Consider getting underinsured/uninsured motorist coverage. While many Mississippi drivers do not have auto insurance whatsoever, a great proportion of them do but with very low coverage limits. Meaning, if you are involved in an accident with what is called an “underinsured” motorist, you may end up getting stuck with paying over and above the small amount that their insurance policy allows. As such, it is highly recommended that you consider purchasing underinsured and uninsured motorist coverage. If you carry these policies, you can make a claim against your own auto insurance company to be reimbursed for your damages, whether fully or over and above the underinsured’s policy limits. Be sure to contact your insurance carrier to find out more about your options in this regard and, whether it is right for you.

    If you or someone you love has been involved in a car accident in Mississippi, give Porter Malouf, Attorneys at Law, a call now at 601-957-1173 to schedule your free, no obligation case review. Our Jackson car accident attorneys are highly skilled at handling all types of vehicle accidents, regardless of how challenging or complex.   We look forward to providing you with top-tier personal injury representation.

     

    Top Ways to Maximize Your Chances of Recovering in a Mississippi Car Accident

    Each year, the State of Mississippi maintains its spot as one of the nation’s leaders in having the most fatal car accidents in the U.S. Specifically, over 600 fatal car accidents occur annually in Mississippi, with several thousand others involving serious injuries. In general, the majority of these accidents arise due to the negligence of one or both of the drivers involved in the crash. Regardless of the circumstances, being in an accident is both physically and emotionally taxing, and there is no way to fully predict whether you will be involved in one or not. However, there are various measures that you can take to enhance your chances of recovering if you become injured in a collision.   These include, but are not limited to, the following:

    1. Be sure to get the names and contact information of all parties to the accident, including the witnesses who are present at the scene. Make sure to file a police report, even if you don’t think one is necessary. Police reports are highly relied upon by insurance companies and also, attorneys in proving their clients’ cases.
    2. Get medical help immediately, even if you think that you haven’t been injured. Be sure to have emergency personnel examine you at the scene of the accident. This way, if you sustained injuries, they can verify this and make sure you receive the proper treatment. If you wait too long to be medically treated, your insurance company may deny your accident claim.
    3. Don’t make incriminating statements at the scene of your accident.   No matter what, even if you believe you caused the accident, don’t apologize, admit liability, or offer to pay for damages. There statements can, and likely will, be used against you.
    4. Get it all down in writing. Be sure to write down all of the details regarding your case, including the facts surrounding your accident, statements made by parties to the accident as well as witnesses, and also, conversations that you have with your insurance company. If you don’t memorialize these things in writing, there is a great possibility that you will forget important details later on, which could affect the amount you may be entitled to recover.
    5. Take photos of your accident. Pictures that demonstrate the scene of the accident, the resulting damage and possibly the road or other conditions that may have contributed to its cause will certainly help corroborate your story.
    6. Speak with a qualified auto accident attorney. It is crucial to speak with a Mississippi car accident attorney who can help maximize your chances of recovery and also, provide you with a comprehensive overview of your legal options. Only an attorney is in the best position to advise you of the applicable law and help you determine your legal rights and responsibilities. Going about your case alone can be very harmful in the long run, and as such, is never recommended, especially when injuries are involved.

    The highly seasoned Jackson car accident attorneys at Porter Malouf, Attorneys at Law, have a necessary mastery of skill and experience to effectively represent you and your legal interests. If you have been involved in a car accident in Mississippi, give our office a call at 601-957-1173 or contact us online to find out how you can maximize your chances of recovery and also, fight for the compensation you deserve. We look forward to providing you with top-tier legal representation!

     

    Tailgating Accidents in Mississippi can be Deadly

    In Mississippi, many people decide to call this the State their home on a daily basis. However, the more and more residents moving into the state have unfortunately caused an alarming increase in the number of car accidents. With the increased number of people scurrying to get to work or trying to rush to their respective destinations, many accidents are bound to happen, especially those caused by tailgating. Tailgating is one of the main causes of accidents across the United States, and people engage in this dangerous behavior for several different reasons. Whether a person is late for work, as mentioned above, or they are engaged in road rage, it may result in serious and deadly crashes. Notwithstanding what influences a person to tailgate, it puts everyone equally at risk and must be stopped.

    Essentially, tailgating refers to when an individual follows another vehicle too closely. People who engage in tailgating contribute to extremely serious and sometimes life threatening crashes known as rear-end collisions. The most common types of injuries that arise out of rear-end collisions involving tailgating are as follows:

    • Traumatic brain injuries
    • Whiplash
    • Broken bones
    • Lacerations
    • Internal organ damage
    • Hemorrhaging
    • Vision loss
    • Hearing loss
    • Paralysis
    • Spinal cord damage
    • Fractured skull
    • Concussions
    • Bruising
    • Sprains
    • Shoulder, neck and back injuries
    • Whiplash

    In various parts of Mississippi, tailgating accidents typically occur on the highways and busy roads surrounding the city. Moreover, they contribute to the majority of car accidents in the State as a whole. The statistics regarding tailgating accidents in Mississippi are alarming. Specifically, several thousand tailgating related accidents occur within the State each year, causing many injuries and unfortunate casualties. While not every accident can be prevented, there are steps you can take to protect yourself from tailgating accidents. These are:

    1. Never following someone too close, even if they are driving under the speed limit. You never know whether they will stop short or act in a way that prevents you from stopping in time.   Even if you are in a rush, it is better to grin and bear it rather than being involved in a rear end collision.
    2. Don’t let others tailgate your vehicle. As frustrating as it can be, pull over and let them pass you. It is not worth risking your life by allowing someone to tailgate you.
    3. Report tailgaters. Especially if someone is driving behind you or someone else in an erratic or aggressive manner, don’t tolerate their behavior. Contact the police and provide them with the make, model and license plate number of the offending vehicle.   By simply making a phone call, you can get these people off the road, making it safer for everyone.

    If you or a loved one has been personally injured in Mississippi, call Attorney Tim Porter or Patrick Malouf to learn more about your legal options. You can also contact us today online for a free, no obligation case review or call our office directly at (601) 957-1173.  We will take the time you need to answer all of your questions and advise you of the scope of your rights and responsibilities. Should we feel that filing a lawsuit is necessary, will tirelessly fight for your rights, every step of the way. We look forward to hearing from you!

     

    Car Accidents in Mississippi Can Cause Serious Hip Dislocations & Related Injuries

    Surprisingly, car accidents commonly result in hip dislocations and as such, are the leading cause of these types of injuries in Mississippi. Unfortunately, hip dislocation-related injuries are on the rise in Mississippi and across the U.S. as a whole. The following is what you should know about this very serious, and sometimes life-threatening injury:

    What is a hip dislocation?

    A dislocated hip normally arises when the tip of the thighbone slips, or dislocates, out of its socket. Just like with a dislocated shoulder, the bone, due to trauma, slips out of its natural position, causing severe and sometimes debilitating pain for its victims. Moreover, people who sustain a hip dislocation often experience nerve damage in the leg and feet due to the severe and traumatic nature of this type of injury. Oftentimes, the only way to repair the dislocation and associated injuries is through extensive orthopedic surgery.

    How can a car accident cause this type of injury?

    A hip dislocation can be caused by a number of factors, including a car accident or sports injury. With regard to car accidents, many hip dislocations occur when a person is not wearing their seatbelt. They can also arise when a person’s vehicle is struck in a side impact accident, where the force manifest at the middle of the car door causing the car to crumble inwards towards the body.

    How is it diagnosed?

    Undoubtedly, a dislocated hip is a serious form of trauma, and must immediately be treated in order for its victims to avoid the long term effects of this type of injury.  A physician can usually diagnose the condition simply by viewing the person’s legal and hip area however, x-rays will confirm whether there are additional complications, such as bone fractures and quite possibly, ligament damage.

    How is a hip dislocation treated?

    In the event that the victim suffers no added complications, the physician will typically administer an anesthetic before trying to manipulate the bone back into place, a process called “reduction”. In some cases, the reduction must be performed in the operating room in order to repair the extent of damage caused by the hip dislocation.

    How long does a hip dislocation take to heal?

    Given the nature of hip dislocations, it normally takes a significant amount of time for these types of injuries to fully heal. The rehabilitative process can take even longer, and depends upon the age and physical condition of the patient, as well as the extent of the dislocation. Despite treatment, hip dislocations can be extremely disruptive to nerves and blood vessels, which can lead to severe, numbness and even bone death. It can also cause the cartilage in the hip area to become severely damaged, increasing the likelihood of arthritis to form.

    Do I need a lawyer?

    While there is no law in Mississippi that specifically requires you to hire a lawyer in a car accident case, it is important nonetheless to have one. A seasoned Mississippi personal injury attorney is in the best position to advise you of all your rights and responsibilities, outline your legal options, help connect you with leading medical experts to testify to the extent of your injuries, and more. Most personal injury attorneys offer a free initial consultation, so if you are in the process of deciding whether you want to file a lawsuit, there should be no costs to you for simply considering your options and learning more.

    If you or a loved one is facing hip dislocation injuries as a result of a car or any other type of accident, call Attorney Tim Porter or Patrick Malouf to have your case reviewed. You can also contact us today online for a free, no obligation case review or call our office directly at (601) 957-1173. We invite you to contact our highly skilled Mississippi personal injury lawyers to find out more about we can help you fight for your rights. Regardless of the complexities of your case, we will advise you of all of your legal options and fight tirelessly to help you obtain the compensation you deserve. We look forward to hearing from you.

     

     

    The Most Commonly Asked Questions about Mississippi Rollover Accidents

    In Mississippi, accidents involving “roll-overed” vehicles often involve life threatening and sometimes fatal injuries. Most of us have heard stories about horrible roll-over accidents, which end up making it on the evening news given the severity of the collision and resulting damages to both person and property. Interestingly, most people associate roll-over accidents with SUVs however, recent statistics suggest that under certain circumstances, anything from a sedan to a tractor-trailer can become vulnerable to a roll-over accident. Accordingly, it is crucial to understand that although these accidents pose enormous risks to human life, they can also present significant legal challenges for the victim, such as: (i) proving the necessary elements of one’s case and (ii), successfully establishing one’s entitlement to monetary damages for “pain and suffering”.

    In light of the above, there are several FAQs associated with bringing forth a roll-over accident case in Mississippi. Being educated as to the risks and other factors involved in rollover accidents may help you plan for the worst should you be involved in this type of accident. As such, the most common FAQs are:

    1. How do rollover accidents occur & who is most vulnerable to experience these types of accidents?

    The majority of these types of accidents occur when a car or truck runs off of the road and strikes a curb, guardrail or some other object that effectively “trips” it. Since SUVs tend to be extremely top heavy, it makes them more vulnerable to rollover accidents.

    1. How do I demonstrate legally who and what caused my roll-over accident?

    An attorney experienced in handling rollover accidents will investigate the facts of your case and consult with experts to help determine who is at fault for the accident. Experts add significant value in car accident cases as they evaluate the scene of the accident, the injuries sustained by all people involved, and other telltale signs such as skid marks to establish liability.

    1. Can I still recover if I was partially at fault for my accident?

    Yes. Mississippi is considered to be a comparative negligence state, meaning that each individual is liable for their own contribution to an accident. To illustrate, if a person is 80% responsible for a rollover accident, they will only be entitled to receive 20% in damages.

    1. If I choose to settle, how long will it take?

    This depends. If your accident involved fatalities and/or severe injuries, it may take longer for all parties involved to be on the same page and come up with an appropriate settlement amount. It is crucial to speak with an attorney who can review your case and give you a better sense of timing.

    1. What types of damages am I entitled to recover?

    Personal injury victims may be entitled to receive compensation for lost work, medical expenses, emotional trauma and pain and suffering. For more information in this regard, it is recommended that you speak with an experienced Mississippi car accident attorney to advise you as to the types of damages you should seek in your case.

    All of these questions are vitally important and should be discussed in greater detail with a skilled attorney capable of handling the numerous complexities of roll over cases. Experienced accident attorneys know full-well the various challenges and nuances associated with successfully bringing forth a roll-over accident case in Mississippi. If you or a loved one has been injured in a rollover accident or any other type of vehicle-related crash, call Attorney Tim Porter or Patrick Malouf to have your case reviewed. Contact us today online for a free, no obligation case review or call our office directly at (601) 957-1173.

     

     

     

    Prescription & Over-the-Counter Drugs Cause Serious Accidents in Mississippi

    While alcohol causes nearly 40% of accidents nationwide, a large percentage of crashes result from drivers impaired by prescription and over-the-counter (OTC) drugs. Accidents involving these substances far exceed those caused by cocaine, marijuana and heroin. In Mississippi, police officers and criminal prosecutors are increasingly dealing with cases involving impaired driving due to drugs.   This is primarily due to the fact that prescription and OTC drugs are becoming more readily accessible to the public. Otherwise stated, it is easier than ever to obtain prescription and OTC drugs, whether legally or not.

    In Mississippi, the main types of prescription and OTC drugs involved in drug-impaired driving accidents are:

    • Xanax, Valium and other anti-anxiety medications
    • Oxycodone, Percocet and additional types of painkillers
    • Benadryl
    • Muscle relaxants
    • Beta blockers
    • Antidepressant medications such as Prozac and Effexor
    • Migraine medications

    Regardless of the type of medication, drugs such as Benadryl and valium can greatly impair your judgment, reaction time and ability to drive in a safe manner. Similar to alcohol, these types of drugs can cause people to become tired, “numb” and unable to focus. Unfortunately, people become gravely injured in accidents caused by drugs. In fact, the number of teenagers injured in accidents involving prescription and OTC drugs is increasingly on the rise. These types of accidents tend to be extremely life threatening due to the fact that teenagers often mix drugs with alcohol before getting behind the wheel.

    Under Mississippi law, it is illegal for an individual to operate a vehicle (i) while under the influence of drugs or alcohol, or any combination thereof, that impairs a driver to the slightest degree, or (ii) while any drugs or its metabolites are present in a person’s body.   In fact, it is illegal for any individual to get behind the wheel and operate a vehicle who is under the influence of any type of impairing substances, such as illegal, over-the-counter, and prescription drugs. This law governing this prohibition is rather broad and basically pertains to anything that would affect a driver’s ability to operate a vehicle.

    Mississippi also has a “zero tolerance” statute law geared towards minors, meaning that it is unlawful for a person under the age of 21 to drive even if only a small amount of illegal drugs (including prescription drugs not prescribed to the individual) are identified in a person’s system. Given the increased incidence of minor using all types of drugs while driving, Mississippi felt that it was legislatively crucial to address this growing problem. Keep in mind that accidents caused by teenagers are alarmingly increasing, and also, occurring across the nation not just in Mississippi. Regardless, laws aimed towards preventing related accidents are important and have shown some success in reducing injuries to others.

    If you or a loved one has been injured in a DUI-related accident or any other type of vehicle-related crash in Mississippi, call Attorney Tim Porter or Patrick Malouf to have your case fully reviewed. You can also contact us today online for a free, no obligation case review, or call our office directly at (601) 957-1173.    Don’t take chances with a lawyer that promises results but does not have the skills, experience and training to deliver them. Give us a call today to learn more about our superior legal services!