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Last month, we shared information about several basic types of personal injury claims. You may have experienced an injury that is not one of the injuries discussed in that article. Your injury could also possibly give rise to a personal injury claim if you were hurt by no fault of your own.

The first thing you must do after an injury is to seek medical attention. Not only may the injury be more severe than it appears, but you also need to know what treatment is recommended for your injury so that you can begin the process of healing and recovery. When you receive medical care at a doctor’s office or a hospital, you create a record of your injury as well as the care that you have received for it. If your injury later gives rise to a personal injury claim, your medical records will provide valuable information to your attorney that they can use to support your claim.

After you have received medical care and you are on your way to recovering from your injury, it is a good idea to explore whether you might have a personal injury claim. It is wise to get started on working with a personal injury attorney as soon as possible after your accident, as personal injury claims take some time, and it won’t be long before your medical bills begin to arrive. If another person’s negligence caused your injury and you have information available to you that demonstrates that your injury was the result of their negligence, you may be able to work with a personal injury attorney to pursue a personal injury claim. The medical records mentioned in an earlier paragraph are a vital part of the proof you’ll need to support your personal injury claim. Other types of information your attorney can use to build your injury claim are witness statements, photographs, security camera footage, police reports, and your testimony about what happened to you before, during, and after your injury.

If you do have a personal injury claim, your attorney will work with you to file the claim and develop a settlement proposal. A settlement proposal is a document that your attorney sends to the defendant, the person or business entity that you believe is responsible for your injury, that outlines the reasons why they are liable for your injury as well as the compensation you expect to receive from them. What happens next depends upon the defendant’s response to your personal injury claim. Some defendants may acknowledge that your injury resulted from their negligence. They may agree to pay the amount your attorney requested, or they may attempt to negotiate with you and your attorney to reach an agreement to pay a lower amount. The defendant could also deny responsibility for your injury. If that happens, your attorney can file a lawsuit against them. You, your attorney, the defendant, and their attorney could settle your case before it gets to court. If not, you’ll appear in court with your attorney and present your personal injury case there in hopes of receiving a verdict in your favor.

If you would like to know whether you have a personal injury claim, ask the Mississippi Personal Injury Attorneys at Kellum Law Firm, P.C. today. Call our office at 1 (601) 969-2709 to schedule a free initial consultation.

Kellum Law Firm, P.C.
1438 N State St
Jackson, MS 39202
(601) 969-2709

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An employee at an Illinois workplace died earlier this month after he was struck by part of a machine. The man was an employee whose work consisted of traveling to various locations to provide repair and maintenance services for generators that were manufactured by his employer. OSHA is investigating the fatal accident.

Many types of workplaces contain struck-by hazards. Each day as they work, employees run the risk of being hit by one or more items as they go about their day. Struck-by accidents can injure people by breaking bones, causing head injuries, and even killing them instantly. While workplace accidents that are caused by being struck by a machine or object can sometimes look similar to workplace accidents where an employee becomes caught in machinery, they are not the same. Struck-by injuries are a different type of workplace hazard than caught-in injuries. In a struck-by workplace accident, the victim’s injury is caused solely by the impact of the object or machine that hit them. In a caught-in accident, the injury occurs when the victim is crushed between objects, or between an object and a surface. Struck-by accidents account for approximately ten percent of American workplace fatalities.

There are several ways that struck-by accidents can happen. For example, the object that strikes the accident victim could fly through the air before hitting them. For instance, sometimes, parts of tools or machines break off during use and fly through the air. Alternatively, it could fall on them from above, potentially pinning them to the floor or crushing them completely. Swinging objects can strike employees, especially when equipment like mechanical lifts or cranes are in use in the workplace. Workers can also be hit by objects that roll, like vehicles.

While each workplace that contains a struck-by hazard is unique, there are some safe work practices that employees can follow to reduce the chance that an object or a machine will strike them while they are on the job. For example, workers must use caution when working with compressed air tools, using them only after they have received training, and always operating them with guards in place. The same rule applies to hand tools. Additionally, some struck-by accidents can be prevented by regular inspection of air and hand tools – look at your tools before you work.

If parts of the tool are loose or broken or do not look right, do not use them. If you are working at a height, secure all tools and materials in your work area so that they do not fall. When using equipment that swings, block off the work area to provide a safe space for the operation of the machinery. Use personal protective equipment like hard hats, eye and hearing protection with any tools or equipment that require it.

Workplace accidents can bring unexpected and sudden injury or loss. If your family lost a loved one or if you were injured in a struck-by accident at work, call the Workplace Struck-by Hazard Lawsuit Lawyer in Jackson, Mississippi, at Kellum Law Firm, P.C. today, at 1 (601) 969-2709.

Kellum Law Firm, P.C.
1438 N State St
Jackson, MS 39202
(601) 969-2709

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Some workplaces are more dangerous than others are. In any workplace, there is a risk of injury or death. Workplace accidents can cause injuries ranging from cuts and broken bones to vision or hearing loss, loss of a limb, paralysis, and even death. Some workplace injuries, like respiratory difficulties or carpal tunnel syndrome, can happen after long term exposure or repetitive work. Fortunately, many workplace accidents are preventable. Proper training of employees and safe work habits can go a long way towards preventing accidents at work. However, even careful workers in safety-conscious workplaces can be hurt or killed on the job. If you are injured or if someone you love dies in a workplace accident, you have important rights that are protected by law.

Shock and disbelief often follow a workplace injury or death. Whether you are the injured person, or someone in your household was hurt or killed at work, you may feel confused, in addition to the grief, hurt, and anger that you feel in connection with your injury or the injury or loss of your loved one.

Compensation for a work-related injury or death cannot restore your health, heal your family member, or account for the loss that you have experienced. However, it can help you and your family pay the medical bills associated with your injury or your family’s loss and possibly even replace some or all of the wages lost because of the accident. Injured individuals and their families could receive compensation for pain and suffering, disabilities, loss of earning capacity, and loss of quality of life, in addition to lost wages and medical bills. Most people who are injured at work or who lose a family member in a workplace accident can receive compensation. A workplace accident attorney can help you determine whether you can file a claim for compensation. They can also help you determine the potential value of your claim and assist you in deciding whether to accept or reject any possible settlement offers you receive.

It is critical that you not attempt to pursue compensation for your injury or loss on your own. There are multiple types of workplace accident claims, and you must file the correct type of claim within the proper amount of time to be eligible for compensation. For example, injuries caused by coworkers or supervisors and many injuries caused by items in your work environment give rise to workers’ compensation claims. However, in some instances, a third-party claim for compensation may be the more appropriate type of claim to file. For example, if your injury or your family’s loss was caused by someone who does not work at your workplace, such as a subcontractor or a service provider, your workplace accident attorney may choose to file a third-party claim.

If you were injured at work, or if a family member died in a workplace accident, do not attempt to file a workplace injury claim alone. A Mississippi Workplace Accident Attorneys can walk with you through the process of evaluating your workplace injury or loss claim and pursuing compensation. Call the Mississippi Workplace Accident Attorneys at Kellum Law Firm, P.C. at 1 (601) 969-2709 to learn more.

Kellum Law Firm, P.C.
1438 N State St
Jackson, MS 39202
(601) 969-2709

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A woman died after she was ejected from her vehicle in a recent rollover accident on I-20 near Bovina. An investigation into the wreck revealed that the woman might have fallen asleep at the wheel. She was also not wearing a seatbelt at the time of the early morning wreck.

Approximately fifteen hundred people die, and thousands more are hurt every year in crashes caused by drowsy drivers. While fatigue can cause a driver to have any motor vehicle accident, many drowsy-driving wrecks are similar to the single-car rollover crash described above. Unfortunately, despite the media coverage of these horrible crashes, many Americans continue to drive when they are fatigued.

Sleep habits affect driving in much the same way that alcohol use affects driving, yet many people who would not dare to drink and drive think nothing of getting behind the wheel when they are tired. Sleep deprivation is a significant problem in America, but most people do not believe it is that big of a problem since they and many people they know are tired almost all of the time. It is a significant concern, and researchers have been working hard to understand the impacts that sleep, or the lack thereof, has on our bodies and our minds.

Research has revealed that driving drowsy is very similar to driving drunk. Everyone knows how often drunk drivers cause death and destruction. People must learn to make the connection between drowsy driving and drunk driving and think twice before driving when they are tired. As does a drunk driver, a tired driver moves along the road in a state of decreased awareness and impaired judgment. Tired drivers’ reaction times are slow, just like drivers who are intoxicated, creating a delay in their response to everything from curves in the road to vehicles or pedestrians in their path.

One crucial point that Americans must understand about drowsy driving is that it is not only the chronically sleep-deprived who are at risk for a crash caused by fatigue. Even a single instance of not getting enough rest can increase your risk of a wreck. If you think that stay-awake strategies like coffee, gum, mints, or energy drinks can help you stay alert enough to avoid an accident, know that they do not decrease your crash risk. You might feel alert for a short time following the use of those items, but your body is still tired, and that tiredness may overtake you without you even knowing it. Remember – no one tries to fall asleep at the wheel. If you start to feel tired, the safest thing you can do is stop and rest.

If you were hurt or someone that you love died in an accident involving a tired driver, contact a Mississippi Accident Attorney right away. Our Accident Lawyer at Kellum Law Firm, P.C. are here to serve you and your family. Call us at 1 (601) 969-2709 to learn more.

Kellum Law Firm, P.C.
1438 N State St
Jackson, MS 39202
(601) 969-2709

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When people hear the words “workers’ compensation,” they often think of people straining their backs lifting heavy objects, suffering from industrial burns, or developing carpal tunnel syndrome because of poor ergonomics. While all of those injuries are common in workplaces here in Mississippi, there is are also a large class of injuries that are not painful, have few or no external symptoms, and do not develop after a single incident.  Sarcoidosis is one of these conditions. It is an inflammatory condition that attacks multiple organs, usually focusing on the lymph glands and lungs.  In sarcoidosis, granulomas form around the body’s organs.  Granulomas are masses of cells. While many people can lead healthy lives while suffering from sarcoidosis, it granulomas can cause scarring on the heart, lungs, and other organs, which over time decreases the person’s quality of life and can even result in death. In this blog post, I will explore the workplace causes of sarcoidosis and what you should do if you are diagnosed with this disease.

If you or a loved one was injured at work, including a diagnosis of sarcoidosis, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for your decrease in health and time away from work. Kellum Law Firm, the experience to help you if you.  Contact us now at (601) 969-2709.

Causes of Sarcoidosis

Work environments result in a significant percentage of sarcoidosis cases.  A recent journal article indicated that about a third of cases stem from the employee’s workplace.  Specifically, exposure to ambient dust and gases over time results in not only sarcoidial masses—granulomas—growing on workers organs, particularly their heart and lungs.  While these masses may not affect employees’ health at first, over time, they cause scarring on the organs that weaken the body and can even result in death.  Many people suffering from sarcoidosis also develop other better-known workplace breathing ailments such as asthma, bronchitis, and chronic obstructive pulmonary disease.

Sarcoidosis is particularly an issue for firefighters, welders, farmworkers, and those working in industrial workplaces such as the petrochemical industry.  All of these workplaces are common in Mississippi. Negative health conditions like these can be exacerbated if workers are subjected to constant workplace dust and gasses without either sufficient ventilation or breathing filtration.

What Should You Do if You Were Diagnosed with Sarcoidosis?

If you receive a diagnosis of sarcoidosis, you have every right to file a workers’ compensation claim. You should be compensated for medical costs, loss of work, and damages related to your exposure to dust and vapor at work.  The first step of any workers’ compensation case is to report a claim with your employer.  Make sure that your report is timely, meaning it is filed as soon as you are aware of your condition.  Also, make sure that it is in writing and follows all of your employer’s injury reporting guidelines.  Next, contact an experienced workers’ compensation attorney to begin preparing the necessary documentation to support your claim. Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you. If your claim is ever challenged, you will want to have detailed medical records and expenses related to your condition—your employer will not just take your word for it.

Call Kellum Law Firm, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact our Mississippi Workplace Injury Attorney today at (601) 969-2709.

Kellum Law Firm, P.C.
1438 N State St
Jackson, MS 39202
(601) 969-2709

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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.

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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.

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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.

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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.

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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.