Category Archives: Car Accident Cases

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Personal injuries come in many forms, from slip-and-fall accidents to car accidents and all kinds of other catastrophes. Whatever type of personal injury you have experienced, you might feel confused about what to do next. You may also be concerned about what your future will be like, both in the short term and in the long run.

Family and friends may be offering you help with everyday tasks if your injury prevents you from doing things like grocery shopping and taking care of your home and children. Those helpful acts of kindness are fantastic and can go a long way towardshelping you recover from your injury. Your doctors are also likely working closely with you to create a treatment plan that will help you recover from your injuries. Their assistance is also critical for you during this challenging time in your life. In addition to friends, family, and doctors, there is someone else who can provide you with critical assistance after a personal injury – a Mississippi personal injury attorney. It is to your advantage to connect with a personal injury attorney as soon as possible after you experience a personal injury so that you can begin to receive all of the benefits that come from working with them.

Personal injury attorneys understand the rights of injured individuals like you. They have extensive training and experience that has prepared them to stand up for your rights. Each day, personal injury attorneys help clients like you stand up for their rights and pursue claims for compensation for their personal injuries.

Right now, your job consists of healing from your injury and managing the details of your life as best you can. Your attorney knows how to take on all of the tasks associated with filing and pursuing a personal injury claim from start to finish. It’s a lot of work, but they have done it many times before for other injured clients, and they have helped those clients receive the compensation that helps them recover financially from the effects of their injuries.

One of the essential components of a personal injury claim is evidence. Personal injury attorneys know what evidence they need to present in support of your claim. What’s more, they know how to go about obtaining that evidence, even if other parties are not willing to give them the information that they ask for. With the proper evidence in hand, your personal injury attorney may be able to obtain compensation for your claim promptly.

However, insurance companies are not always quick to settle personal injury claims, even when they are presented with clear and convincing evidence in support of those claims. Insurance companies are notorious for denying claims, dragging out the claims process, and extending settlement offers that are far short of the amount needed to compensate injured individuals adequately. One of the best benefits of working with a personal injury attorney is that they have experience with negotiating with insurance companies, and they can push for a settlement offer that is as close to the value of your claim as possible. If a settlement cannot be reached, your personal injury attorney can take your case to court and continue to press for the compensation you need.

Working with a personal injury attorney has many benefits. If you would like to know whether you have a personal injury claim, ask a personal injury attorney. Call the seasoned Mississippi Personal Injury Attorney at 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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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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Mississippi law is well settled that “when a contract is made between two parties that as between themselves creates an independent contractor relationship and involves employment generally performed under a simple master/servant or employer/employee relationship, it will be upheld as between the parties”.  Richardson v. APAC-Mississippi, Inc.,631 So.2d 143 (Miss. 1994).

The court in Richardson went on to acknowledge that the right of parties to contract as they please is a constitutionally-protected right. U.S. Const. art. I, Sec.10; Miss. Const. art. 3, Sec. 16. Id. 143.

The Richardson court further held that affidavits from the contractor and employer are  determinative in deciding whether an independent contractor relationship existed.   Id.143.  After reviewing the contract and the affidavits, the Court found that there existed an independent contractor relationship and not that of master-servant.  Richardson v. APAC-Mississippi, Inc., 631 So.2d 151. McCary v. Wade, 861 So.2d 358 (Miss.App. 2003)

Some of the factors considered to determine independent contractor status include: 1.Does the principal master have the power to terminate the contract at will;

2. Does he have the power to fix the price in payment for the work, or vitally control the manner and time of payment;

3. Does he furnishes the means and appliances for the work;

4. The level of control of the premises;

5.  Does the principal master furnishes the materials upon which the work is done;

6. Does the principal he have the right to prescribe and furnish the details of the kind and character of work to be done;

7.  Does the principal have the right to supervise and inspect the work during the course of the employment;

8.  Does the principal have the right to direct the details of the manner in which the work is to be done;

9.  Does the principal have the right to employ and discharge the sub employees and to fix their compensation;

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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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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.

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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.