November, 2018 - WNW Legal

Program for Truck Drivers Emphasizes Safety

November 29, 2018/in Personal Injury /by damg

Truck accidents are a common cause of injuries and deaths in Mississippi. A program in Florida is teaching truckers to drive more safely in an effort to prevent trucking accidents.

The program comes after a 45-car multi-vehicle accident in the area that resulted in up to 12 people being hospitalized. CDL instructors advise other drivers that they should always look out for semi-trucks since they often weigh 80,000 pounds and take 200 yards to come to a complete stop.

The Florida program starts with book-based training long before students have a chance to drive on the road. Classes focus on map training, managing logbooks and DOT regulations in addition to how to drive trucks safely. Students have the chance to use technology that allows them to simulate driving before they drive on real streets.

Teachers of the class feel that their efforts are an improvement over programs offered in previous years that didn’t cover as many topics. The responsibility of driving a large truck and always being alert is heavily emphasized by instructors.

Individuals who have been injured as a result of a truck driver’s negligence may want to consult a personal injury lawyer about filing a claim for damages. Negligence is defined by how a reasonable person would behave in a similar situation to prevent an accident. Evidence of inattentive driving, intoxication, failure to obey traffic signals and falling asleep at the wheel are all evidence that a driver was not using reasonable care, which may help an accident victim win their case.

If the driver was working at the time of the accident, the company that the driver was working for may be held liable for the accident. Most accidents are covered by insurance. Semi-trucks driven by commercial drivers are typically covered by policies with greater limits than insurance policies for regular drivers.

Police Reports Give Incomplete Data on Causes of Car Crashes

November 28, 2018/in Personal Injury /by damg

The National Safety Council has released a report called "Undercounted is Underinvested: How Incomplete Crash Reports Impact Efforts to Save Lives." The results are startling: No state has fields or codes for the police to record all the possible factors in car crashes. Referring to various government and traffic safety organizations, the NSC identified 23 crash factors. Mississippi residents will want to know which states fare the best.

Kansas and Wisconsin came in first by capturing 14 of the 23 critical factors, followed by Maryland, Kentucky and Nebraska, which captured only five. All states lack fields for reporting driver fatigue and the use of advanced driver assistance technologies. Concerning the use of infotainment systems, only three states have fields for police to report it.

Police in 26 states cannot report texting among drivers, and police in 32 states cannot mention hands-free cellphone use. Reports in 32 states lack fields for recording the results of positive drug tests. Specifically, Alaska, California, Oregon and Washington, or half of all states that decriminalized recreational marijuana use, fail to let police report positive marijuana results on drug tests.

Lastly, alcohol impairment below the legal limit is left unreported in Arizona, California, Colorado, Maine, New York and Virginia. The NSC recommends law enforcement and traffic safety organizations to collect data electronically and take an investigative approach to accidents.

Thorough police reports are essential to determining and addressing the causes of auto accidents. Victims who intend to file a personal injury claim may find these reports to be indispensable as well. A victim’s lawyer might bring in third-party investigators to gather proof, such as physical evidence at the crash site and eyewitness testimony. The lawyer may then proceed to settlement negotiations or prepare the case for court.

What People Should Know About the Mississippi Ombudsman Program

November 21, 2018/in Personal Injury /by damg

Like other states across the nation, Mississippi has its own laws regarding long-term care ombudsman programs in addition to the requirements of federal law. An ombudsman is a representative and advocate for residents in facilities providing various levels of care for seniors and the elderly.

All the following types of facilities require licensure and regulation from the State Department of Health and are included in the ombudsman program:

Extended care homes
Skilled nursing facilities
Intermediate care facilities
Boarding homes
Personal care homes

Anyone who is a resident or who sponsors a resident may contact the ombudsman or make use of the services of the representative.

What Services Does an Ombudsman Provide?

People can let ombudsmen know about issues by filing a complaint about a problem or potential problem in a facility. A resident suffering from neglect may contact an ombudsman and inform him or her of the matter. After a thorough investigation, the representative will take action to correct the injustice. Family members or friends of the resident, or even staff at the facility, may also make a report.

Ombudsmen do not wait for complaints before seeking to improve living conditions for residents. One of the primary functions of the program is to raise awareness of issues before state, local, municipal and federal government agencies. For example, an ombudsman may speak to state lawmakers about the need for revisions to the current law, or the need to draft a new law, regarding the welfare of residents of long-term care facilities.

Community involvement is another key to awareness. Ombudsmen provide public forums such as conferences, workshops, and public hearings to gather information about the needs of residents and direct attention to the issues.

Data and statistics are vital in highlighting systemic problems in facilities. When possible, ombudsmen present these to state and local agencies for correction; they must also make reports to the U.S. Assistant Secretary for Aging.

Anyone who suspects elder abuse or neglect should not hesitate to report the issue to the appropriate ombudsman for investigation. However, witnesses of abuse or dangerous conditions should immediately contact local authorities to prevent further harm to residents.

Give our law firm a call today at (601) 949-5080 or contact us online.

The Dangers That Drivers Face at Night

November 13, 2018/in Personal Injury /by damg

Mississippi residents should know that the risk for a fatal car crash triples at night, according to the National Safety Council. The following are just a few reasons why driving at night is more dangerous than driving at any other time of day, and they are worth keeping in mind as drivers adapt to the end of Daylight Saving Time.

The night compromises a driver’s depth perception, color identification and peripheral vision. Furthermore, night vision will diminish with age, so older drivers may need more light on the road than younger drivers. While high-beam headlights can reach about 500 feet in front of a vehicle, a speeding driver will still have lowered reaction times at night.

Fatigue and impairment, either from drugs or alcohol, are two other dangers to watch out for. The National Sleep Foundation says that most drowsiness-related car crashes and near misses occur from midnight to 2 a.m., 4 a.m. to 6 a.m. and 2 p.m. to 4 p.m. Alcohol-related crashes result in an average of 30 deaths every day, according to the CDC.

Rush hour, usually lasting between 4 p.m. and 7 p.m. on weekdays, can compound the challenges that drivers face at night. To stay safe, drivers should watch for others who dart from lane to lane, take familiar routes and never engage in calling, texting, eating and other distracting activities.

When negligence is behind an auto accident, a victim may be able to file a claim for damages that covers their medical expenses, vehicle repair costs and other losses. A victim can even sue for punitive damages if the driver was reckless (drove drunk or exhibited road rage, for example). Whatever the situation, a lawyer can assist with the filing process.

How Drivers Can Protect Themselves in Bright Sunlight

November 8, 2018/in Personal Injury /by damg

Bright sunlight is a danger to drivers in Mississippi, as in every other state, because it can create visual illusions, temporarily blind drivers and slow their reaction times. Drivers are actually 16 percent more at risk for a fatal accident when traveling in bright sunlight than in normal weather. By following the tips given below, they can reduce that risk.

Sunglasses are essential because they cut down on the brightness of the sun and protect the eyes from its harmful UV rays. Drivers can buy a stylish pair and keep them in the car. Another good protective measure is using the sun visors. These do not hinder visibility; they are designed not to do so.

Third, drivers could invest in window tinting from a specialty auto repair shop for a few hundred dollars. Each state has its regulations on tinting, though, and police could issue fines for overly darkened windows.

On the road, drivers are encouraged to maintain a greater distance from the vehicle in front. This is to make allowance for slower reaction times. If the sun begins to hurt their eyes, drivers can pull over or take an exit and wait 10 to 15 minutes for the sun to reposition itself. Lastly, it’s best not to go out unnecessarily in the early mornings and late afternoons.

If driving in direct sunlight is a factor in an auto accident, the driver who caused it could be held liable. Victims may find out what the state’s negligence laws are like and whether they are eligible for damages by consulting with a personal injury lawyer. The lawyer may assist in the filing of the claim and negotiate on the victim’s behalf. If the auto insurance company refuses to pay out, the victim might prepare for a trial.