Monthly Archives: May 2014

Many Mississippi Car Accidents Caused by Traditional Driving Distractions

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Although the dangers posed by distracted driving has attracted an enormous amount of attention from driving safety experts, lawmakers and the media, the vast majority of this focus has been limited to cell phone used by motorists.  While there can be no dispute that talking or texting on a cell phone constitutes a dangerous driving practice, the issue of distracted driving includes many traditional distractions that also cause traffic related fatalities and catastrophic injuries.  The 2014 edition of the National Safety Council’s Injury Facts® reports that cell phones account for more than a quarter of all auto collisions in the United States.  The NSC estimates that 21 percent of these crashes involve talking on a cell phone while text messaging accounts for another 5 percent of collisions.  While these numbers are troubling, the tunnel vision type focus on cell phones tends to obscure the danger posed by other causes of driver inattention.

Distracted driving has been one of the leading causes of crash-related fatalities and injuries for decades.  Whether a driver is engaged in eating, grooming, reading or other activities that diverts a motorist’s mind, hands and/or eyes from the road, these less talked about distractions also put others who share the roadways at-risk.  Some of the traditional forms of distracted driving that cause auto accidents in Mississippi include:

  • Brushing or combing ones hair
  • Eating and drinking
  • Shaving
  • Applying makeup
  • Reading books, newspapers or E-readers
  • Adjusting the car sound system
  • Reaching for an object
  • Disciplining children

Most drivers have engaged in some of these activities while driving, but these forms of multi-tasking behind the wheel can also cause distractions that lead to serious motor vehicle accidents.  There are three potential levels of distraction:

  • Manual Distractions: These involve removing one or both hands from the steering wheel, such as to reach for an object in the glove compartment.
  • Visual Distractions: This form of distraction involves a driver diverting his or her eyes from the roadway.
  • Mental Distractions: These distractions can range from daydreaming to trying to navigate the menus on a tablet computer while searching the internet.

While all of these level of distraction can lead to a traffic accident, those distractions that combine all three levels of distraction are particularly dangerous.  The multi-level distraction of cell phones and the fact that most drivers now carry one explain the focus on cell phones as distractions.  However, most of the old fashion distractions listed above also can affect a driver’s ability to safely operate a vehicle through all three levels of distraction.  However, these other forms of distraction are more difficult to prove because there is no evidence of such activity like cell phone texting logs, call history or cellular phone records.  The more difficult task of proving that a driver was engaged in these types of activities might mean they pose an even more insidious risk.

Holding Distracted Drivers Accountable for Injuries and Fatalities

If you are involved in a collision caused by a distracted driver, you may have a right to financial compensation for your injuries.  Mississippi personal injury attorney William S. Kellum III represents clients in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your situation and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

Mississippi Motorcycle Helmet Law: Do Mandatory Helmet Laws Really Make a Difference

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Mississippi has a universal motorcycle helmet law that requires all operators and passengers of motorcycles and scooters to wear a helmet approved by the American Association of Motor Vehicle Administrators.  Despite a plethora of studies indicating the benefits of wearing a helmet to prevent traumatic brain injuries, facial injuries and fatalities, many riders still object to universal helmet laws.  In response to this continued opposition, a growing number of states have repealed their universal helmet law partially or completely.  While the debate over the merits of these laws and the nanny state will continue, Jackson motorcycle accident lawyer William Kellum III has provided some evidence that universal helmet laws do save lives.

Helmet Use Does Prevent Fatalities

A study conducted by the National Highway Traffic Safety Administration (NHTSA) found the motorcycle helmets are 37 percent effective in preventing fatal head injuries.  The report found that this rate of effectiveness over the ten year period of the accidents studied translated into 7,808 fewer deaths.  However, the agency estimated that 11,915 lives would have been saved if a number of states had not implemented universal helmet law repeals.  Helmets provide essentially the only significant type of safety equipment available to motorcyclists.  The inherent vulnerability of riders is reflected by the fact that motorcycles constitute only three percent of registered vehicles in the United States, but they constitute more than nine percent of traffic fatalities involve motorcycle operators and passengers.

Universal Helmet Laws Increase Helmet Usage   

While motorcycle helmets are effective at preventing head injuries and fatalities, helmet laws are only effective if riders actually comply with the requirement to wear a helmet.  Studies conducted before and after the repeal of helmet laws reveal that the percentage of riders who wear helmets increases to almost a hundred percent when universal helmet laws are in place.  A review of nine separate studies conducted by the General Account Office (GAO) found that helmet use ranged from 92 to 100 percent in states with universal helmet laws, but compliance was only 42 to 59 percent in states with laws that did not have a universal helmet law.  A similar study by the NHTSA found that helmet use was nearly a hundred percent in states with mandatory helmet laws but ranged between 28 to 40 percent when the laws only applied to certain populations of riders.

Impact of Not Wearing a Helmet on a Personal Injury Lawsuit

When riders disregard the mandatory helmet law, the violation can be evidence of negligence by the rider.  This negligence can be used to reduce the recovery of a motorcyclist if the rider suffers injuries to the head, brain or face that would have been prevented by wearing a helmet.  However, an injury victim’s failure to wear a helmet would not be relevant if the injuries suffered could not have been prevented by a helmet, such as injuries to the lower extremities.

Both sides have arguments that have merit in the debate between individual choice and public safety when it comes to universal helmet laws.   However, Mr. Kellum sees the tragic results of deciding not to strap on a helmet far too frequently.  Our law firm encourages all riders to wear a helmet when riding even if they are not subject to a mandatory helmet requirement.

The Decision to Strap on a Helmet Can Prevent Traumatic Brain Injuries & Fatalities

Mississippi motorcycle accident lawyer William S. Kellum III represents individuals who have suffered serious injuries or lost a loved in in a motorcycle crash in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

Mississippi Divorce: Should I Move Out of the Family Home

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When a marriage deteriorates to the point that spouses are contemplating a divorce, the prospect of walking on eggshells while living under the same roof can be extremely unappealing.  Although moving out of the family home is advisable in certain situations, this step can have adverse consequences that flow from such a decision, so you should seek legal advice before relocating.  The decision to move out of the home can have an especially negative impact if you have minor children.  Mississippi divorce lawyer William Kellum III has provided an overview of issues that should be considered if you are contemplating leaving the family home while a divorce is pending.

De Facto Primary Caretaker Status for Children

When you leave your children with the other parent in the family home, you might find that the other parent is less than cooperative in letting you spend time with your kids.  If you have not obtained temporary custody and visitation orders or a written agreement with the other parent regarding such matters, your ability to spend time with your children might become extremely limited or non-existent.

Unless you take prompt action to obtain formal court orders, the other parent might function as the only caretaker for your children for a substantial period of time.  When the judge considers custody and visitation orders, your lack of contact and the other parent’s role as the sole caretaker could weigh heavily in a custody decision.

Although you might argue that the other parent refused to let you spend time with the children, the situation is likely to be a “he said – she said” dispute.  This contention will be particularly unpersuasive if you have waited months without filing for temporary orders.  The best option is to seek legal advice regarding filing for temporary custody or to obtain a written agreement from the other parent before moving.

Benefits of Preserving the Status Quo

The judge will weigh a range of factors when considering appropriate parenting time arrangements, but judges often try to minimize the change and disruption a child experiences during a divorce.  A status quo that involves keeping the child in the family home will be appealing to most judges.  While this does not mean that the parent who continues residing in the family home will be awarded primary custody or even allowed to remain in the family home, the decision of one parent to move out makes this a more likely outcome.

Costs of Maintaining Two Households with the Same Income

An increasing number of divorcing couples are living together throughout the divorce process and even after the divorce judgment because of tough economic conditions.  When a spouse moves out of the family home, the same family income now must be stretched to support two households.  The party who moves out often is the primary breadwinner who might find it difficult to obtain a comparable standard of living when obtaining a second residence.

Temporary Alimony and Child Support Obligations

If the higher wage earner remains in the family home, this spouse is presumed to be providing family financial support by covering mortgage payments, utility bills, groceries and the like.  Once the higher wage earner moves out of the residence, the party in the home can file for temporary alimony and child support.  The party who moved out might even be ordered to make payments on the mortgage subject to a credit when the property of the couple is equitably divided.  When these financial obligations are combined with the cost of maintaining two households on the same income that previously supported only a single household, the move might not be financially feasible.

Helping to Make a Difficult Process Less Stressful

Jackson divorce lawyer William S. Kellum III represents clients in the full range of family law matters, including divorce, alimony, child custody, child support and other family law issues in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

What Should I Do If I Am Stopped by the Police While Drinking and Driving?

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An exciting evening at a sports event or with friends at a party can turn stressful when you realize that you are being followed by a patrol car that is ready to pull you over.  While this is undoubtedly an angst inducing situation, you can increase the likelihood of a positive outcome if you handle the stop appropriately.  Mississippi DUI defense attorney William Kellum III has successfully represented many people charged with alcohol-related driving offenses.  Although there is no universal formula for avoiding a DUI arrest or conviction, there are some steps motorists can take that might improve the chances of not suffering the consequences of a DUI conviction, including jail time, loss of driving privileges, fines and other sentencing terms.  Mr. Kellum has provided some suggestions for motorists who are pulled over after they have been drinking.

Stay Calm and Produce Your Driver’s License & Registration

While being pulled over after you have been drinking is extremely stressful, your ability to remain calm can determine whether you leave the scene in your vehicle or the back of a patrol car.  Many people panic and ramble, which can lead to a routine traffic stop because of a non-functioning taillight turning into a DUI investigation.

Many drivers never consider that a routine traffic stop can be equally stressful for the law enforcement officer because the motorist might be someone who is an armed violent offender.  Depending on the reason for your stop, the officer might be more cooperative if you immediately get out your driver’s license and registration.  You should hold the documents with your hands on the steering wheel even before the officer approaches your car.  This approach accomplishes several goals that might lead to a better outcome.  First, the officer can see your hands, which allows the officer to know you are non-threatening.  Second, this approach demonstrates to the officer that you are trying to cooperate.  Thirdly, you avoid a situation where you potentially fumble around attempting to provide these documents with the officer standing outside your vehicle.  Officers often cite “lack of coordination” evidenced by a driver’s fumbling with these documents as a basis for initiating a DUI investigation.  Fourthly, this will not provide the officer with the opportunity to look in your glove compartment or middle counsel where you have your registration stored if you have contraband in the vehicle.

Do Not Provide Incriminating Information

If the officer pulls you over because you are driving at night with your lights off or you are swerving between lanes, the officer might already assume you are intoxicated.  However, this does not mean that the officer has sufficient evidence to constitute probable cause for a DUI arrest.  The officer will likely ask you whether you have been drinking and how much.  While you should not lie, these are not questions you want to answer.  The standard answer, “I have only had a couple beers” will make matters worse.  One response is simply to indicate that you would prefer not to answer any questions without talking to an attorney.  The officer will not grant this request, but you should ask if you are free to leave after he denies your request.  Although these answers may not prevent an arrest, there is usually nothing to be gained by talking to the officer unless you have had absolutely nothing to drink.  The officer is using this period of detention to observe signs that you are intoxicated and try to obtain incriminating responses that will justify a DUI investigation.

Field Sobriety Tests and Portable Breath Tests: Just Say No

Based on your driving prior to the stop, conduct during the stop and/or your responses, the officer may initiate a DUI investigation by asking you to participate in field sobriety tests and a roadside portable breath test.  Motorists are not under any legal obligation to cooperate with either of these preliminary forms of alcohol or drug screening.  The purpose of these tests is to furnish the officer with probable cause for a DUI arrest.  Unless you have not ingested any intoxicated substance at all, there is no good reason to participate in these forms of screening.  While it is never advisable to be belligerent, you also do not need to provide the officer with evidence that will be used to justify your arrest and prosecution.  A polite way to decline these requests might be simply to ask if these forms of testing have been scientifically proven to be completely accurate.  The officer cannot confirm this, so you can indicate you would like to talk to an attorney about your rights before making a decision.  The office will not allow you to do so, but this approach provides a reasonable explanation for your decision.

Admittedly, these suggestions will not prevent a DUI arrest, but they will deprive the prosecutor of some forms of evidence that might be used to prosecute you for DUI.  The best way to protect your rights and freedom is to contact an experienced Mississippi DUI lawyer as soon as possible.

Fighting to Keep You Out of Jail and Behind the Wheel

Mississippi DUI defense attorney William S. Kellum III represents individuals arrested for alcohol-related driving offenses in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

Can I Still Recover Compensation for My Injuries with a Traffic Citation?

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Many people involved in motor vehicle accidents, such as motorcycle crashes or tractor-trailer collisions forgo exploring their legal rights after suffering serious injuries because they receive a traffic ticket.  While a traffic ticket or law enforcement accident report that indicates you were at-fault can impact your legal claim, you should not assume that you must bear the burden of medical bills, lost wages, pain and suffering and other harm without any legal recourse.

Law enforcement officers are human and make mistakes when analyzing crash scenes, so their reports do not necessarily reach accurate conclusions.  Even if the officer is correct that you violated a traffic safety law or otherwise were at-fault for causing a crash, this does not mean that you are the only party responsible for the collision.  An independent investigation by an experienced Mississippi motor vehicle accident lawyer might reveal other parties that share financial responsibility for your injuries.

Comparative Negligence: Plaintiff’s Negligence Does Not Bar Recovery

Mississippi is a pure comparative negligence state, so a plaintiff can still recover in a lawsuit even if the plaintiff’s own negligence partially contributed to his or her own injuries.  In a pure comparative negligence jurisdiction, the plaintiff will have any recovery reduced by the percentage of fault assigned to the plaintiff, but the plaintiff can still recover even if he or she is mostly responsible for the accident.

By way of example, the defendant might violate the right of way of the plaintiff by making a left turn in front of the plaintiff who is proceeding straight through an intersection.  The plaintiff might be determined to have been speeding which made the injuries more serious because of the increased force generated by the collision.  In this situation, a jury might decide that the defendant was 70 percent responsible for the plaintiff’s injuries while the plaintiff was 30 percent responsible for his own injuries.  If the total damages were $300,000, the plaintiff’s recovery would be reduced to $210,000 (i.e. 70 % of $300,000).

Because the cost to litigate a motor vehicle accident can be tens of thousands of dollars, the estimated value of the damages, likelihood the plaintiff will be determined to share fault and the amount of fault that might be allocated to the plaintiff must all be considered when evaluating such a case.  However, the mere fact that an injury victim was determined to be at-fault in a police report or that the victim received a traffic ticket should not discourage the individual from seeking legal advice.  When an injury victim suffers catastrophic injuries like a traumatic brain injury, spinal cord injury, paralysis, loss of a limb or other permanent debilitating injuries, the potential value of the claim might make it worth pursuing even if the plaintiff might be determined to share a significant percentage of fault.

Dealing with an Inaccurate Police Report

If the accident report is inaccurate, you might want to contact the officer who prepared the report about amending or supplementing the facts.  For example, accident reports often tend to unfairly favor the driver of a passenger vehicle over a motorcyclist.  Because motorcycle crashes frequently result in severe injuries that require immediate emergency medical attention, many times the driver of the passenger vehicle is the only party available to provide an account of what happened.  Sometimes the accident report can be supplemented if you promptly contact the law enforcement entity that prepared the report.

Whether or not an amendment or modification is made to the accident report, you should discuss the error with an experienced motor vehicle accident attorney.  If the law firm is interested in taking your case, the firm might conduct an independent investigation of the facts as opposed to relying on the accident report.

Seeking Compensation for Catastrophic Injuries

Mississippi motor vehicle accident lawyer William S. Kellum III represents injury victims in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

Texting and Driving by Teens Often Has Tragic Consequences

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Mississippi car accident attorneys see the devastating consequences of texting behind the wheel far too often.  While no text message is urgent enough to justify the risk of catastrophic injury or death, many drivers continue to engage in this extremely dangerous driving practice.  The National Highway Traffic Safety Administration (NHTSA) reports that more 78 percent of teens and young adults admit to reading texts behind the wheel, and 71 percent admit to writing and sending texts while driving.  While a number of studies indicate that young drivers acknowledge that texting and driving is an unacceptably dangerous practice, these attitudes are not sufficiently represented in actual driving conduct.  Mississippi car accident lawyer William Kellum III has provided some answers to frequently asked questions about texting and driving involving teens and young adults.

How Dangerous Is Texting and Driving?

While any form of distracted driving is dangerous, texting and driving represents an especially serious risk because it constitutes a cognitive, manual and visual distraction.  Studies have revealed that sending or reading a text causes a motorist to divert his or her eyes from the road for an average of five seconds.  If a driver is traveling at 55 mph, this five second interval is the equivalent of driving the length of a football field while blindfolded.  The Virginia Tech Transportation Institute conducted a study that concluded text messaging while driving increases the risk of being involved in a crash 23 time when compared to a driver who is not distracted.

Do Teens and Young Adults Really Text and Drive More Frequently?

The federal government website devoted to distracted driving (distraction.gov) reports that recently licensed young drivers have the highest probability of involvement in a distracted driving collision.  Data from the NHTSA reveals that more than one in four fatal distracted driving accidents involve drivers under the age of twenty.  Further, one in ten drivers involved in a fatal crash is under the age of twenty, which represents that highest percentage of distracted drivers involved in fatal accidents among all age groups.

What do Mississippi distracted driving laws prohibit with regard to cell phone use while operating a motor vehicle?

Mississippi law prohibits all cell phone use both handheld and hands-free while driving.  Novice drivers are also banned from texting on any type of device while driving.  Because the cell phone and texting laws of Mississippi are primary laws, law enforcement officers can pull over motorists and issue citations even if the driver is not suspected of committing any other offense.

How Come the Laws Prohibiting Distracted Driving in Mississippi Have Not Solved the Problem?

Because the penalties associated with distracted driving are extremely mild when compared with DUI or other serious driving offenses, the consequences might not be severe enough to have a significant impact on motorist behavior.  Further, many people are able to hide their texting messaging or other cell phone use by using hands-free devices or holding their phone in their lap.  Because use of a Bluetooth device still constitutes a mental and manual distraction, this form of cell phone use to text or talk is still unsafe.

Can I pursue a legal claim for damages if I am involved in a crash caused by a distracted driver?

Distracted driving constitutes a violation of traffic safety laws and an unsafe driving practice, so this conduct would be considered negligent.  If the car accident that causes your injury was caused by distracted driving, you can pursue a legal claim for damages.

Zealous Advocate for Victims of Distracted Drivers

Mississippi car accident attorney William S. Kellum III represents injury victims in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.