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Be Aware of the Limits of the Law in a Personal Injury Case

If you have been injured anywhere in Mississippi and consider that you were not to blame for the accident that caused the injury, you may think that you are entitled to file a personal injury lawsuit against the person or organization at fault. Injuries can be expensive if you are left having to pay for medical treatment and then there is the worry about your means of employment. If you miss time off work because of your injuries you could end up being seriously out of pocket. The worst case scenario is that you are so seriously injured that you lose your job altogether. While a personal injury claim is certainly an important option you will need to discuss the circumstances thoroughly with a Mississippi personal injury attorney before you file a claim. The attorney will run through the details of your case and make certain that there is a good chance of proving negligence, an important prerequisite for having a successful outcome. Each state has slightly different personal injury laws so it is worth acquainting yourself with some of the limitations that are used in Mississippi as they may have a bearing on your ability to make a claim. The statute of limitations Every state puts a time limit on making a personal injury claim. To be honest, the sooner you make a claim the better. This is not so much because of the statute of limitations but because it is simply easier establishing fault earlier rather than later. Witnesses are harder to find and become less reliable. Evidence that could have been used to support your claim...
Are Mississippi Motorcyclists Really Safer Wearing a Helmet?

Are Mississippi Motorcyclists Really Safer Wearing a Helmet?

Motorcyclist helmet rules vary from state to state. In some states, like Mississippi, it is compulsory to wear a helmet if you ride a motorcycle. 18 other states, as well as D.C., have the same or similar rules, leaving the rest with basically no helmet rules at all. If there are any compulsory helmet rules they are aimed at younger riders. So who’s right? Do state mandated helmet laws actually make it safer for motorcyclists, or is it simply an imposition on riders’ freedom to take a risk? Statistics show helmet wearing is inherently safer It’s not easy dissecting the statistics on motorcycle accidents and coming out with a conclusion. The National Highway Traffic Safety Administration (NHTSA) keeps statistics on traffic accidents of all types and there is no doubt that riding on a motorcycle is inherently less safe than driving or being driven in an enclosed motor vehicle. NHTSA data shows that the number of motorcycle accident fatalities has spiked over the last few years, but the data doesn’t necessarily indicate that this is because riders are wearing helmets less. It may be because there are more people out riding motorcycles. The Advocates for Highway Safety (AHS), which campaigns for safer roads, including campaigning for helmet rules to be strengthened claims that in states like Texas that do not have helmet rules, riders that do not wear helmets have higher fatality rates than those that do. The U.S. wide figure is a 59% fatality rate for unhelmeted riders compared to 49% for helmeted riders. The rate by comparison for states that do have helmet laws like Mississippi is...
Mississippi Cell Phone Use While Driving Laws

Mississippi Cell Phone Use While Driving Laws

Many states across the U.S. have made laws about the use of mobile devices like cell phones while driving. Some of these have banned cell phone use outright. Others have just banned texting while driving. Others have allowed hands free devices only. And then there are a few states, including Arizona, but not Mississippi, that have essentially no cell phone rules at all. Mississippi’s cell phone laws have been strengthened in recent years. For a long time, they were very lax compared to other states. In fact, even as recently as 2014, the state was one of a small number of states with no cell phone laws. This has now changed. You are not allowed to text while driving in Mississippi. If you are a bus driver and have at least one minor on board or a learner driver you cannot use a cell phone at all. There is no hands free law in Mississippi at this time, so theoretically you can still use your cell phone for making voice calls or receiving them while you drive. The law in this regard makes the state still less rigorous than some other states like New York that bans the use of hand held devices completely, but still allows hands free devices. Mississippi’s cell phone laws have come under a lot of pressure to change in the last few years. This has come from pressure groups traditionally concerned with road safety as well as from the police, who have lobbied for stricter distracted driving legislation and stiffer penalties. As of July 1st 2016, any driver caught texting or using their device...
What to Do When Injured by a Road Rage Incident

What to Do When Injured by a Road Rage Incident

Have you experienced an incident of road rage recently? Road rage is thought to be a leading cause of auto accident fatalities and serious injuries. If you are caught up in a road rage incident, is there anything you can do to ensure you are not harmed and if you are injured because your vehicle is hit by the other driver, what can you do? Definition of road rage The National Highway Traffic Safety Association (NHTSA) defines road rage as behavior that a driver exhibits when he or she deliberately commits multiple traffic offenses in order to endanger the lives and / or property of others. Another way of describing road rage is “aggressive driving.” Road rage can take many forms. It might be unnecessary hooting the horn, swearing, waving, giving the finger, shouting, facial signs, tailgating, swerving close to the affected vehicle and in the most extreme cases, actual physical contact. According to the NHTSA, driver error, or driver behavior, is responsible for a vast majority of traffic accidents (94%). It’s hard to put an accurate figure on the contribution that road rage behavior has, but the NHTSA estimates that it could be as high as two thirds of all serious accidents. Responding to aggressive drivers Research suggests that many drivers exhibiting aggressive behavior have reasons for their behavior that have nothing directly to do with the conditions they are dealing with on a highway. It may be that they are stressed out at work, have marital or family problems or are genuinely emotionally or psychologically disturbed. The immediate of a road rage incident may be when another...
Hazardous Truck Accidents Potentially the Worst on Mississippi Roads

Hazardous Truck Accidents Potentially the Worst on Mississippi Roads

  If you pass a truck accident on a stretch of highway, or more likely, find you are stuck in a queue of blocked traffic because of yet another truck accident, you probably don’t even think what the truck was carrying. Some of the worst potential accidents are caused by trucks carrying hazardous materials. The danger of one of these truck accidents rolling over or bursting into flames could happen and affect other road users. The product being carried could potentially cause far more damage to buildings and to people near the scene of the accident. Hazardous truck accident examples in Mississippi A typical hazardous truck accident happened the other day on US 49 in Simpson County MS near the town of Legion Lake. The truck veered off the highway and overturned. The driver was apparently not wearing a seat belt and was thrown from the truck as it overturned and was killed on the spot. The truck was carrying propane, a potentially flammable product. In this case the only fatality was the driver and the only nuisance factor was a blockage of the highway for an hour before the crash was investigated and the truck removed. Another recent hazardous material truck accident happened near the Mississippi town of D’Iberville on Highway 10. In this accident, the truck apparently collided with another vehicle. Both the two drivers were killed. Driver error the most likely cause of all truck accidents It has not yet been determined what the cause of these two accidents was. In the majority of truck accidents it has been found that the driver is usually at...
Hernia Surgical Mesh Implant Lawsuits

Hernia Surgical Mesh Implant Lawsuits

These days, surgical mesh implants are being used more and more in hernia repairs. Not all of the products are safe, however, and a number of them have been recalled after hernia patients complained of a number of symptoms, some of them severe, like internal bleeding. Where surgical implants have been used to repair a hernia problem and the implant proves to be a serious health risk and must be removed, you may be able to file a personal injury lawsuit against either the mesh implant manufacturer or the medical personnel who inserted the mesh. The role of hernia mesh implants If hernia mesh implants are such a problem, why are they used at all? That’s a good question. In fact, in most cases, the right hernia mesh implants can make a lot of difference to the person with a hernia. However, there is a certain amount of discussion in medical circles about whether hernia mesh implants are used too much and whether other surgical procedures can be used instead, especially with smaller hernia intrusions. Also, there is disquiet about some of the products on offer and that disquiet has grown as the number of complaints has risen and the number of lawsuits have followed suit. Hernias are very uncomfortable protrusions of part of an internal organ through the abdominal muscle or connective tissue. Every hernia is different, and there are no hard and fast rules about what causes them, although vigorous exercise, awkward posture, heavy lifting and genetics all play a part. Sometimes, a hernia patient will be monitored by a doctor for some time before surgery is...
Can You Sue a Dog Owner After a Dog Bite in Mississippi?

Can You Sue a Dog Owner After a Dog Bite in Mississippi?

Dogs can be unpredictable. Even when an owner thinks that his or her dog is a “friendly” dog, it can still attack and bite a stranger. The chance of biting and seriously biting a small child or baby is even more likely. The question is whether anyone can sue the dog owner if they are injured by the dog. The answer is yes and no. Yes. The dog attack victim can sue the dog owner under certain conditions in Mississippi. There is no specific statute in Mississippi as there is in other states that makes a specific ruleing on dog bites or dog attacks. Dog attacks come under more general rules of negligence. If the victim and his or her attorney can prove that the dog owner was negligent in some way, then a lawsuit may be successful. Negligence may be proved in a number of different situations. The dog was released from its leash or allowed to run free in a public area where dogs were either forbidden or at least required to be on a leash. The dog was known by the owner to have previous dangerous tendencies. This might include the fact that the dog had already attacked or bitten other people before the incident under question. It might be because the dog was of a particular breed that had a known record of being dangerous, e.g. a pit bull terrier or mastiff. Mississippi’s legal stance on dog attacks or dog bites is sometimes referred to as the “one bite” rule, even though there is no statute in Mississippi that actually has that name or description....
Why Not Make Side Guard Rails Mandatory on Tractor Trailers?

Why Not Make Side Guard Rails Mandatory on Tractor Trailers?

Underride accidents are some of the most horrific on our roads. They happen when a smaller vehicle, particularly a sedan, collides with the rear or side of a large truck and gets stuck underneath it. The force of the collision can cause colossal damage to the vehicle, and cause fatalities and serious injuries to the occupants. One of the consequences of an underride collision is that the roof of the car could be peeled off like a sardine can lid, exposing the heads and bodies of the occupants to whatever is under the vehicle. The impact of the collision is often enough to cause serious injuries in any case. The truck driver whose vehicle has been underridden may not even notice that something has happened and the car can be dragged involuntarily down the road for hundreds of yards, compounding the injuries. The danger of underride accidents is greater at night, especially if the truck is in a dimly lit area, close to or crossing an intersection, entering or exiting a side turning or has faulty lights at the rear or is not fitted with lights on the side. It can be particularly hard to judge the size and shape of a dimly lit or unlit tractor-trailer and that’s when vehicles can more easily crash into the back of a large truck or slide under the truck between the axles at the side. Federal law now makes it compulsory for large trucks to have rear underride protection in the form of a guard rail. However, the laws don’t extend to side guard rails. Evidence exists which suggests that where...
Is Talcum Powder Dangerous?

Is Talcum Powder Dangerous?

If you have been using talcum powder or talc regularly for several years you should be aware that there have been numerous concerns raised about the possible link between the use of the powder and some cancers. The link is tenuous but is strongest between the regular use of talcum powder and ovarian cancer in women, especially if the powder has been used in the genital area. The link has led to numerous lawsuits against one of the most important manufacturers of talcum powder, Johnson & Johnson. Some of these lawsuits have been successful, while some have not. There are many thousands of lawsuits still waiting to be heard, some of which have been grouped into a single multiple litigation and are now going to be heard by a federal court. The case against talc Talc is a naturally occurring substance that is composed of a compound containing magnesium, silicon and oxygen. It has been used in powder form for at least a century and probably a lot longer as a drying agent. It is one of the softest of any known minerals, hence its value as a cosmetic. Most commercial talcum powder, such as Johnson & Johnson’s baby powder, has been perfumed. It remains a popular cosmetic product but it does seem that the use of it is declining, probably because of negative publicity about its use. Johnson & Johnson, despite the number of lawsuits it has had to contend with, has been adamant that its product is entirely safe. The most convincing evidence was discovered in the 1970s, which was the discovery of talc in ovarian cancer...
Was Biloxi Railroad Crossing Hump to Blame For Tour Bus Deaths?

Was Biloxi Railroad Crossing Hump to Blame For Tour Bus Deaths?

The hump on a notorious railroad crossing at Biloxi, Mississippi may be investigated as a possible cause of several fatal railroad accidents, including the tour bus accident earlier in March this year in which four passengers were killed. The tour bus had got stuck somehow as it attempted to cross the railroad crossing. It was there for only five minutes before a freight train ploughed into it broadside on, pushing the bus for several hundred feet down the track before it came to a halt. The bus was carrying dozens of tourists to Mississippi casinos at the time of the crash. Four of them were killed outright and over 30 others were injured, some of them seriously. There is no firm indication at this pint what or who was to blame for the accident as it is still under investigation by the National Transport Safety Board (NTSB). The board investigators are looking into multiple possible causes, including the shape of the railroad crossing itself, the driver of the bus, the design of the bus, possible defects in the bus and whether the train crew could have acted any differently to reduce the scale of the impact. According to a NTSB board member this particular railroad crossing has a ‘hump’ on it which has meant that tractor-trailers have got stuck on it before. The shape and incline at the railroad crossing is a particular focus of the NTSB investigation. There have been at least 17 accidents since 1976 involving collisions between vehicles and trains at this one crossing. “It sounds like a lot” was the reported comment made by Robert...

Contact the Diaz Law Firm today for a free consultation

If you have been injured through no fault of your own, please contact the Diaz Law Firm. You can reach us online or by calling our toll-free number at 800-459-2222. Our team is available to speak with you about your potential case. We work on a contingency fee basis, which means you pay us nothing unless we recover for you. The Diaz Law Firm is a national firm that represents clients across the United States.

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