August, 2016 - WNW Legal

Preventing Truck Accidents with Lower Speed Limits

August 31, 2016/in Personal Injury /by damg

A proposed federal regulation may result in large vehicles such as buses and tractor-trailers being forced to travel at a lower speed limit than other vehicles in Mississippi and throughout the country. The proposal, which has been put forth by the National Highway Transportation Safety Administration and the Federal Motor Carrier Safety Administration, would reduce speeds to around 60 to 68 miles per hour for new vehicles with a weight higher than 26,000 pounds. The agencies will decide upon the exact number after receiving public comments.

It has taken a decade for the proposal to come this close to law since it was originally pushed forward by a nonprofit group called Roadsafe America. One founder of that group, whose son was killed in 2002 in an accident with a large truck, expressed frustration over how slowly such changes occur.

Some people in the industry are against the proposal. According to a spokeswoman for the Owner-Operator Independent Drivers Association, having vehicles going at different speeds creates another safety hazard. However, a 2015 report from the Associated Press found that more than a dozen states had speed limit laws for large vehicles that exceeded the safe limit for the vehicles’ tires and increased the chances that they would blow out or fail. Permitted to set their own speed limits since the 1990s, states were largely unaware of these dangers.

Truck accidents may cause serious injuries to occupants of other vehicles that require lengthy hospital stays. When such an accident has been caused by a truck driver who was speeding, distracted or negligent in another manner, an attorney could assist a victim in seeking appropriate compensation through a personal injury lawsuit filed against the driver and the trucking company.

Important Vehicle Accident Documents

August 25, 2016/in Personal Injury /by damg

A Mississippi car accident victim looking to file a personal injury lawsuit should be aware of the different documents they will have to provide to their attorney. These documents are necessary for the attorney to effectively represent a client and facilitate the legal process.

A driver’s vehicle insurance policy may be among the most important documents an attorney should see. It will detail the insurance company’s financial responsibility. With the appropriate permissions, an attorney can acquire a copy of the policy from the insurance carrier if the driver does not have a copy.

Although the policy document provides valuable information, it is important to provide proof that the insurance is valid and premiums have been paid. Copies of billing correspondence, such as insurance statements that detail the premiums that are due, coupled with proof of payments are enough to verify that the insurance policy is current.

Any documents that have been completed by law enforcement should also be provided to the attorney. This includes accident reports, which will provide pertinent information regarding the crash, and the police officer’s assessment regarding the cause of the accident. The lawyer should also receive a copy of any tickets that were issued because of the accident. Additional documents that are needed include medical and psychological records, documentation verifying lost wages that resulted from the accident, photos of the damages sustained by the vehicle and copies of all statements that were made to the insurance company.

Attorneys require a variety of documents in order to be fully informed about an auto accident. With proper documentation, a personal injury attorney may be able to obtain compensation for her or his client.

How to Combat Drowsy Driving in Mississippi

August 16, 2016/in Personal Injury /by damg

In 2015, motor vehicle deaths in the United States were up 7.7 percent. According to a report by the Governors Highway Safety Association, drowsy driving results in 5,000 of those deaths each year that lead to societal costs of $109 billion. Drowsy driving may be especially dangerous because the full extent of the problem is not yet understood. This is partially because there are no set procedures for law enforcement to determine if a driver is drowsy.

It is also because a driver may not readily admit that he or she is drowsy after a crash. While it may be difficult to determine if drowsy driving causes a particular accident, it has been deemed a form of impaired driving by the National Highway Traffic Safety Administration. This means it is considered as dangerous as driving while drunk, while distracted or while under the influence of drugs.

There are many ways that states are trying to combat drowsy driving, but public education is seen as the key. Public awareness is cited as the best way for people to take the issue as seriously as they do drunken driving or using a seat belt. Increased data collection, better law enforcement and changes to workplace policies are also cited as strategies to combat drowsy driving.

Individuals who are hurt in car collisions that are caused by a sleep-deprived driver often suffer serious injuries that require extensive medical care and treatment. Although proving that the motorist was drowsy may be difficult, personal injury attorneys representing victims will attempt to do so through the use of eyewitness testimony and other evidence.

Efforts Increased to Keep Drivers Safe

August 8, 2016/in Personal Injury /by damg

Operation Safe Driver Week is set to take place from Oct. 16 through Oct. 22 and will involve law enforcement agencies in Mississippi and throughout North America. The goal is to educate drivers of both commercial trucks and passenger vehicles about unsafe driving behaviors and how to correct them. According to a study from the Federal Motor Carrier Safety Administration, driver behavior played a role in 88 percent of commercial truck accidents.

It was cited as a factor in 93 percent of all passenger vehicle crashes as well. In addition to efforts to educate drivers, there will also be increased enforcement on the roads. Behaviors that law enforcement will target include not wearing a seat belt, improper lane changes and speeding. They will also be on the lookout for failure to obey traffic control signals and driving while distracted.

Those who are injured in a crash with an unqualified truck driver or with a distracted passenger car driver may wish to talk to an attorney. If a driver is found to be not qualified to operate a large truck or was distracted, it could establish negligence on behalf of that driver. This means that an injured victim may be entitled to compensation for medical bills, lost wages and lost future earnings from the person who caused the crash.

If a commercial truck driver caused a crash while on the job, that driver’s employer may be liable as well. An attorney may be able to review the facts of the case to determine how many parties may be deemed financially liable for the crash. Compensation may be granted by a jury after a formal trial. However, legal counsel may be able to represent an individual during settlement negotiations that take place outside of the courtroom.

Distracted Driving Goes Beyond Texting

August 3, 2016/in Personal Injury /by damg

Many Mississippi drivers know that texting while driving is dangerous. However, as phone technology has dramatically improved over the past decade, drivers are finding other ways to become distracted. Some drivers operate their vehicles while on popular phone apps, such as Snapchat, Instagram and Facebook. These apps, in addition to the widespread "Pokémon Go", are blamed for causing multiple accidents.

According to the National Highway Traffic Safety Administration, approximately eight people are killed every day as a result of distracted driving accidents. However, the number of distracted driving deaths may actually be under-reported due to the fact that it is very difficult to prove that the liable driver was distracted.

Essentially, a vehicle can travel the length of an entire football field in the amount of time it takes a driver to read a text on their phone. Within that time span, anything can happen. Drivers may never see stoplights or pedestrians who are crossing in front of them or they may not be able to react should another vehicle make a lane change.

If a distracted driver causes an accident, those who were involved can suffer serious injuries such a traumatic brain injury and broken bones. If it can be proven that the driver was driving unsafely or was distracted at the time the accident occurred, an attorney may help the injured person seek compensation for the damages they sustained. The attorney may submit evidence to prove the driver was distracted. This evidence may include the police report and witness testimony. The injured person’s medical records and photographic evidence may show the severity of the accident.