October, 2016 - WNW Legal

Defining Acts of Aggressive Driving

October 31, 2016/in Personal Injury /by damg

According to a 2009 study by the American Automobile Association, aggressive driving played a role in 56 percent of fatal crashes from 2003 to 2007. Specific actions that may be classified as aggressive on roads in Mississippi and around the country include following too closely, passing when it is not allowed or changing lanes either erratically or improperly. Racing and driving too fast for weather or road conditions are also considered to be aggressive driving.

According to the National Highway Traffic Safety Administration, in 2014 speeding was the leading aggressive behavior that led to fatal car crashes involving automobile or motorcycle drivers. That year, speeding was cited in 18.8 percent of such crashes while driving under the influence came in second at 12.3 percent.

Distracted driving was cited in a further 6.7 percent of such accidents in 2014. Other common causes included failing to yield at 6.9 percent and failure to obey traffic signs or signals at 4 percent.

If a driver is operating a vehicle in a negligent manner and causes an accident, passengers in that motorist’s car or occupants of other vehicles who are injured may wish to talk with a personal injury attorney in order to determine the best way to seek compensation for their losses. The attorney can review the official accident investigation report as well as other evidence such as the testimony of eyewitnesses in order to pinpoint responsibility. If the at-fault motorist was driving a company vehicle and was working at the time, the driver’s motorist might be held financially responsible as well under the theory of vicarious liability.

Parents: Teach Your Teens the Importance of Safe Driving

October 25, 2016/in Personal Injury /by damg

Far too many teenagers are killed in motor vehicle accidents. There are steps that Mississippi parents can take to help prevent their children from being one of those statistics, and parents should be focused on helping their teens drive safely throughout the year.

In 2015, traffic fatalities around the country increased by the highest percentage over the previous year in half a century. According to a report from the Governors Highway Safety Association, teen traffic fatalities increased by 10 percent, which was higher than for any other age group. Initial estimates for 2016 indicate that the trend towards increased fatalities is continuing. Teens die at a rate that is three times greater than people of other age groups in traffic accidents.

National Highway Traffic Safety Administration data reveals that fatalities across all age groups increased by 7.2 percent in 2015 as compared to 2014. The largest category of increase was fatal accidents caused by distracted driving. Distracted driving deaths increased by 8.8 percent while deaths attributable to failing to wear seat belts increased by 4.9 percent. Impaired driving caused an increase of fatalities of 3.2 percent and speeding was the cause of 3 percent of the increase. Parents should make certain that they talk to their teens and model good driving behavior. This means that parents should not use their smartphones while they drive, should use their seat belts, should obey traffic laws and should never drive impaired.

Teens should be taught that texting and driving can be deadly. When a person is injured in an accident caused by a teen driver who is distracted, the injured victim might want to consider filing a personal injury lawsuit. Under some circumstances, the parents of the driver could be held financially responsible, and an attorney can determine if either the family car doctrine or the theory of negligent entrustment is applicable in a particular situation.

How to Protect Loved Ones from Nursing Home Abuse

October 19, 2016/in Personal Injury /by damg

Staying in a nursing home may be the only option for elderly individuals who can no longer live on their own because of health issues. While there are many excellent skilled nursing facilities in Mississippi and throughout the country, some may neglect or abuse their residents. Those who have loved ones in long-term care facilities might want to know how to detect if their loved one has been neglected or abused and what they can do about it.

When patients are being mistreated, such as if employees yell at them or hit them, they might become angry, agitated or irritable. Dementia patients are commonly mistreated because they easily forget, or if they tell someone what happened, people might think they are just making up a story. However, when a loved one states that someone is verbally or physically abusing them, family members could speak to the employees about it or voice their concerns with the facility’s administrator. In many cases, when an elderly nursing home resident speaks of abuse, it is true.

When choosing a nursing home for a loved one, family members might wish to tour several care facilities to see which one they like best. It can also be helpful if the patient or the patient’s family looks online to find out if the facility has been fined or sanctioned by the Mississippi State Department of Health. Some websites provide ratings, feedback from consumers or negative news stories about nursing homes in the area.

The elderly, who are generally weak and defenseless, have a right to be treated respectfully by nursing facility caregivers. Family members who suspect their loved one is a victim of nursing home abuse may want to meet with an attorney to discuss their options.

What You Need to Know About Commercial Truck Accidents

October 18, 2016/in Personal Injury /by damg

If you are hit by a car or truck, you can initiate a personal injury lawsuit and obtain money needed to pay for your rehabilitation and medical care. However, commercial truck accidents are a little different than auto accidents. If you or a loved one was hit by an 18-wheeler, here’s what you need to know.

Collect evidence

In the immediate aftermath of an accident, if possible, you should always take pictures of the scene. If there are witnesses, including emergency personnel, get them to give brief statements about what they saw or heard. Even a muttered remark by the truck driver could be relevant.

Afterward, look for information about the truck driver online. Social media updates or internet searches about the driver’s employment history or relevant experience can paint a larger story. If the driver was unqualified, not properly trained by the company, or had a history of drug and alcohol use, it can support your claims.

Nowadays, trucks have GPS systems, speed recorders, and black box recorders connected to fleet maintenance software. Information captured by the black box could prove that a truck driver was speeding, or that the truck was overdue for brake work, for example.

Are other parties liable?

Not only may the truck driver be at fault, but the trucking company, third-party shipper, or other party may be legally liable for the accident. If the truck has a logo of a specific motor carrier, that carrier automatically assumes liability for the actions of the driver. If you believe the truck driver has a history of poor driving or driving under the influence, the truck’s owner may be legally negligent.

Act quickly

There is a limited window of time in which you can obtain all of the evidence you need to put together a compelling and strong case. Physical pain and emotional distress after an accident may make it difficult for you to pursue your case with the care and attention it deserves. An attorney can act aggressively to position you for success with a personal injury lawsuit while shielding you from the stress of a lawsuit so you can focus on recovery.

Do not delay if you are hit by a truck. Schedule a consultation with a personal injury lawyer to learn the options you have for seeking redress through the legal system and find an attorney you can trust to pursue this matter aggressively.

Keeping Mississippi Motorists Safer

October 12, 2016/in Personal Injury /by damg

According to estimates from the National Highway Traffic Safety Administration, roughly 18,000 people died on American roads in the first half of 2016. That represents an increase of 10 percent from the same time period in 2015. It also represents the continuance of an upward trend that started in 2014 as the effects of the Great Recession started to recede.

According to the Federal Highway Administration, drivers logged 50.5 billion more miles between January and June 2016 compared to the period in 2015. The data will be used as part of a 30-year plan to reduce the number of people killed on the road. Sweden undertook a similar effort in 1997, and that effort reduced roadway deaths from seven per 100,000 to less than three per 100,000 in under 15 years.

In America, the goal is to get roadway deaths all the way down to zero. It is believed that the emergence of driverless cars will make that goal more realistic to attain. Research indicates that 94 percent of crashes are caused by driver error. However, it is important to note that there is no guarantee that a car will not get into an accident even if there is no human driver.

Those who are hurt in an auto accident may experience serious injuries that may take months or years to recover from. If negligence played a role in a car crash, a victim may be able to win compensation for medical expenses, lost wages and lost future earnings. An attorney may help an injured victim win a financial award through a jury trial or by negotiating a settlement outside of court.