Biloxi / Gulfport Personal Injury Lawyer - Automobile Accidents

NHTSA fears angering Congress; Hides study on cell phones and driving.

Gerry McGill — Thu, 06 Aug 2009 16:46:53 GMT

Everyone knows that drinking and driving is bad. We are bombarded on a daily basis with public service announcements to that effect. Our children take drivers education classes in which they watch films with titles like “Blood on the Highways!!!” If we actually drive after drinking we can expect to be caught and lose our drivers licenses and possibly go to jail. If we get in an accident and someone is killed, we will be charged with vehicular manslaughter. So, with all this, surely it is obvious that drinking and driving is the worst combination ever, right? Wrong. It now appears the driving while texting is more dangerous than driving while intoxicated.

Reports have begun to surface that in 2003 the National Highway Traffic Safety Administration (NHTSA) suppressed research showing the tremendous danger of using a cell phone while driving. According to the former head of the NHTSA, the report was suppressed in order to “avoid antagonizing members of Congress.” According to their website, the mission of the NHTSA is to “Save lives, prevent injuries, [and] reduce vehicle-related crashes.” Unless of course, that mission results in “antagonizing members of Congress.”

The NHTSA report finds that drivers talking on a phone are four times more likely to crash than other drivers. This is the same likelihood of causing an accident as a driver with a blood alcohol content (BAC) of .08. The study also shows that the problem is not the physical manipulation of the device. In other words, drivers talking on a hands-free device are no safer than those holding the phone. This sounds bad enough, and yet a 2006 study from the University of Utah found that in simulators, cell phone users actually caused more accidents than drunken drivers.

Neither of these studies examined texting while driving, merely talking. However, common sense suggests that if the mere act of using a phone while driving is dangerous, then using it while not looking at the road will be even more so. And, in recent months the nation has begun to reap the fruits of the NHTSA’s timidity. There have been a number of high profile public accidents involving texting. Since September 2008, more than 25 people have been killed, and nearly 200 injured in a train accident where the operators were texting. Early in June, a federal employee in California somehow failed to see an enormous Department of Transportation maintenance truck, at least until he slammed into it at full speed. The cause? The driver was talking on his cell phone, in violation of California law.

If this recitation of facts has not been disquieting enough, consider another conclusion from the Utah study. At any given time, the number of drunk drivers on the road is quite small, particularly during the day. Just look out of your car window during today’s commute home and see how many folks are chatting away on their phones, or even texting. My own, informal, research suggests that at least half of drivers are blithely chatting away in what are, I’m sure, extremely important phone calls. Perhaps they are all trauma surgeons responding to emergency pages, or ambassadors to foreign nations, or perhaps they are all the guy who holds the nuclear codes for the president. They can’t possibly be risking their lives and the lives of others in order to share the details of the sandwich they ate for lunch, or because they can’t wait fifteen minutes to schedule a haircut.

Here is the bottom line, folks. Talking on a cell phone is at least as dangerous as driving drunk. Texting is worse. If you do it you are endangering those around you. In a word, it is negligent. So, let’s stop doing it.Just once, let’s all try and do the right thing because it is right. If however, doing the right thing for the right reason just doesn’t make it for you, consider how you will feel explaining to the grieving relatives of the people you just killed that you couldn’t pass up the opportunity to win free concert tickets. If even that is not enough, imagine sitting in a courtroom someday, explaining it to a jury.

Originally posted at InjuryBoard by Gerry McGill

Mississippi is second worst state for percentage of uninsured motorists

Gerry McGill — Thu, 29 Jan 2009 17:03:13 GMT

A study by an independent property-casualty insurance research group says that the five states with the highest percentage of uninsured motorists were New Mexico (29%), Mississippi (28%), Alabama (26%), Oklahoma (24%), and Florida (23%). That means that more than one in four cars on the road do not have insurance that would cover you if they are at fault in causing an accident that injures you or a member of your family.

The only way you can protect your family is to purchase uninsured motorist coverage from your own insurance company. It is an additional expense, but it covers you if you are in an accident with an uninsured motorist. You are not actually buying insurance coverage for the uninsured motorists benefit, it only provides coverage for your family. Talk to your agent. You really cannot afford to do without it.

Originally posted at InjuryBoard by Gerry McGill

Attorney Fees in Injury and Death Cases

Kay Whitson — Wed, 16 Apr 2008 15:57:07 GMT

Virtually all attorneys who handle injury and death cases handle them on a contingent fee basis. Most attorneys charge 33 1/3% if a case is settled before litigation and 40% if litigation is necessary. However, some attorneys charge as much as 50%! But what a lot of attorneys don't tell you is that contingent fees are

negotiable. Many lawyers are willing to discuss reduced fees depending on several factors in the particular case. The most important factor for me is the strength of the liability case. In an automobile case where the victim was rear-ended while stopped at a stop sign liability is clear and a recovery, while not guaranteed, is very probable. In this case a client would be justified in asking for a lower fee percentage. However, in an intersection collision in which both drivers claim they had the green light, and they are the only witnesses, liability is much less clear and the attorney may be justified in asking for a higher percentage fee than in the first example. Future blogs at this site will address other aspects of contingent fees.

Originally posted at InjuryBoard by Kay Whitson

Millions of Ford Vehicles Recalled

Gerry McGill — Fri, 29 Feb 2008 15:52:40 GMT

The Federal Government on Thursday warned owners of about 4.6 million recalled Ford vehicles to bring their cars and trucks immediately to dealerships to disconnect cruise control switch systems that have been linked to engine fires.

The National Highway Traffic Safety Administration (NHTSA) said that about 9.6 million Ford vehicles have been recalled since 1999, but only 5 million have been fixed, raising concerns about the remaining vehicles on the road. The NHTSA said they have received about 60 complaints of engine fires in the Ford vehicles since August, 2007.

The NHTSA said many dealers will disconnect the cruise control switches as a "drive-through service" so owners do not have to leave their vehicles at the dealership or schedule an appointment. Once sufficient replacement parts are available, owners can return their cars to the dealership for rewiring.

A complete list of all vehicles, some dating back as far as 1993, is available at http://www.nhtsa.dot.gov/

Originally posted at InjuryBoard by Gerry McGill

16-Year-Old Drivers Have Worse Crash Rate

Gerry McGill — Tue, 18 Sep 2007 14:31:39 GMT

A 2001 report by the National Highway Traffic Safety Administration found that 16-year-old drivers have a crash rate three times higher than that of 17-year-olds, five times greater than 18-year-olds, and almost 10 times greater than drivers aged 30 to 59.

Sixteen states and the District of Columbia ban the use of wireless communication devices for some teenage drivers, particularly those 16 and 17 years old.

Cell phone use is a primary cause of accidents caused by distracted drivers. The problem is particularly serious among teenage drivers in part because of the popularity of text messaging among teens.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Gerry McGill

California Bans Cell Phone Use By 16- and 17-Year-Old Drivers

Gerry McGill — Fri, 14 Sep 2007 11:50:13 GMT

Governor Arnold Schwarzenegger of California signed a law on Thursday which bars the use of cell phones by drivers under 18. The law will take effect July 1, 2008.

California joins 15 states and the District of Columbia in banning the use of wireless communication devices for teenage drivers. Nearly a dozen other states are considering similar action, according to the American Automobile Association.

The Governor cited statistics by the California Highway Patrol that cell phone use is a primary cause of accidents caused by distracted drivers. He also referred to a Ford Motor Co. study saying teens are four times more likely to be distracted than adults by cell phone use.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Gerry McGill

Mississippi Is Worst State for Uninsured Drivers

Gerry McGill — Tue, 31 Jul 2007 14:30:46 GMT

A national study released by the Insurance Research Council, a nonprofit study group funded by insurance providers, released a study showing that 26 percent of Mississippi drivers lacked insurance between 1999 and 2004. Alabama and California were tied for the second-highest percentage of uninsured drivers in the 50 states. Twenty-five percent of drivers from those states were uninsured.

"Even though most states require drivers to maintain insurance, the problem of uninsured motorists persists," explained Elizabeth A. Sprinkel, senior vice president of the IRC. "Responsible drivers who purchase insurance end up paying for injuries caused by uninsured drivers." http://ircweb.org/News/Index.htm

This study illustrates the necessity for responsible drivers to purchase uninsured motorist coverage for their own protection in the event that they are hit by a motorist who is not insured.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Gerry McGill

Auto Safety Doesn't Come In Small Packages

Gerry McGill — Thu, 28 Jun 2007 14:57:48 GMT

With high gas prices and even higher prices projected for the future, many drivers may be considering switching to mini-cars such as the Nissan Versa or the Mini Cooper. In recent crash tests measuring crash ratings for front, side and rear impact, tested by the Insurance Institute for Highway Safety, the Nissan Versa and Toyota Yaris were the top-rated and the Hyundai Accent and Kia Rio were the lowest rated. The results are available at www.iihs.org. The website rates vehicles according to vehicle type and size, from mini-cars through large pick-ups. However, the overall results made a sobering point: mini-cars have the highest death rate of any class of automobile.

The Insurance Institute for Highway Safety is a non-profit research and communications organization funded by auto insurers.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Gerry McGill

Southern Mississippi Car Accidents Claim Five Over Weekend

Gerry McGill — Tue, 19 Jun 2007 11:21:30 GMT

Father's Day was a bad one for drivers in Southern Mississippi, as car accidents claimed the lives of five men. The men died in three separate wrecks in Jackson and Hancock counties.

The first fatality occurred at 2:21 a.m. in Hancock County at the crossroads of Mississippi 603 and Paradise Lane. Gazzo said that the 2003 Ford F150 that Jason Dossett, 26, of Kiln, was driving went off the road to the left, struck a tree, overturned and Dossett was ejected. He had no passengers.
The second fatal accident was at 4:22 a.m. at the 60-mile marker on Interstate 10 in Jackson County. Gazzo said Joseph M. Crow, 51, of Hartselle, Ala., was driving a 2004 Honda eastbound in the westbound lane when he struck, head-on, Jarvaris Barnes, 21, of Fort Pierce, Fla., who was driving a 2004 Mercury.
Both men died and did not have passengers in their vehicles.

Two other men were killed in a crash that occurred in Hancock County when their truck ran off the road and crashed into a tree.

For more information on this subject, please refer to our section on Automobile and Motorcycle Accidents.

Originally posted at InjuryBoard by Gerry McGill

Gulfport Car Accident Kills Graduate Student

Shannon Weidemann — Tue, 08 May 2007 22:41:59 GMT

A Louisiana State University graduate student was killed in a car accident in Gulfport as she was driving to a Destin, FL. The 29-year-old woman was driving on I-10 when she went over the center lane and hit at semi-truck.

The victim

died at the scene of the accident because of trauma to her head and chest, said Harrison County Coroner Gary Hargrove.
Hargrove said the accident occurred near Long Beach, Miss., on 1-10, one mile east of the 28-mile marker.

The University will be awarding a posthumous degree in Social Work to the victim. She was working on her second master's degree at the time of her death. Her family remembered her as a caring person that loved to help others.

Originally posted at InjuryBoard by Shannon Weidemann