While the danger may have decreased during the pandemic due to fewer drivers on the road, the majority of people are back at work now, and traffic has returned to its pre-pandemic state. However, these bad habits have remained among Mississippi drivers, leading to a sharp increase in driver fatalities. 

In this blog, we discuss the most common reasons for fatal car accidents in Mississippi, as well as the 10 worst states in the country for driver fatalities.

Common Causes of Car Accidents in Mississippi

Mississippi has gained a reputation for being one of the most dangerous states to drive in, and there’s a reason for that. According to a study conducted by the NHTSA, Mississippi has the highest rate of fatal car accidents per capita in the country. Why is this number so high? Some of the most common causes of Mississippi car accidents include:

Unsafe Driving Conditions

An analysis of crash data by the NHTSA showed that high accident rates in Mississippi were due to poor driving conditions. For the past five years, the American Society of Civil Engineers rated a quarter of all state highways either “poor” or “fair”.

Driving Under the Influence

Accidents related to alcohol are the third-leading cause of traffic fatalities in the whole country, so Mississippi is not alone in this regard.

Poorly-Maintained Vehicles

Unfortunately, many vehicles on Mississippi roads still do not have seatbelts installed, creating a problem in and of itself. Data suggests that the reason Mississippi driving habits are widely considered the worst is because of poorly maintained vehicles.

Distracted Driving

It is a very human mistake to get distracted while driving. Drivers face many different distractions behind the wheel, and it only makes sense that something on the road or in your vehicle might cause you to become distracted. However, drivers must remain vigilant and focus on the road at all times to keep themselves and others safe.

The 10 Worst States for Fatalities 

If you are driving in any of the following states, it’s best to remain alert at all times and be prepared for the worst. Many of the following states are frequently featured on worst driver lists year over year. The stats below are based on fatal crashes vs. the population size.

#10 – Oklahoma – 15.6 annual fatal crashes between 2016 and 2018 for every 100,000 people
#9 – Florida – 8,775 fatal accidents between 2016 to 2018
#8 – West Virginia – 795 fatal accidents between 2016 to 2018
#7 – New Mexico – 1,052 fatal accidents from 2016 to 2018
#6 – Alabama – 2,719 fatal crashes from 2016 to 1018
#5 – Kentucky – 2,148 fatal accidents between 2016 and 2018
#4 – Arkansas – 1,462 fatal accidents between 2016 and 2018
#3 -Louisiana – 2,125 fatal crashes between 2016 and 2018
#2 – South Carolina – 2,836 fatal accidents between 2016 and 2018

#1 – Mississippi – 1,831 fatal crashes between 2016 and 2018

Contact a Mississippi Car Accident Lawyer Today!

Car accidents can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from an injury, so let us help you. We have the experience needed and we want you to receive the compensation you deserve.

For expert personal injury support in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in Mississippi personal injury cases, and we have years of experience helping Mississippians receive the compensation they deserved after a car accident. Call our office at 601-488-3975, or schedule a free case evaluation by clicking here.

Though many states have implemented distracted driving laws to curb the number of accidents, distracted driving remains one of the most common causes of motor vehicle collisions. And this, in large part, is due to the use of cell phones and texting while driving. 

Mississippi does have a specific law that targets the use of a cell phone while driving. Unfortunately, not everyone takes this law seriously, especially younger drivers. And the consequences of a distracted driving accident can be severe, resulting in serious damages and injuries. 

If you are involved in a distracted driving accident, let our team of experienced Mississippi car accident lawyers assist you. We understand how devastating the aftermath of a distracted driving accident can be and are dedicated to offering compassionate service and ensuring our clients get the settlement they deserve. 

Mississippi Distracted Driving Law

In Mississippi alone, over 600 deaths occur each year on average as a result of car accidents, many of which are caused by distracted driving. This is why it is crucial for drivers to fully understand and respect the law where distracted driving is concerned to help mitigate the risk of these accidents in the future. 

According to most states, distracted driving is considered any activity that takes a person’s focus off of the road and driving. This, of course, is still somewhat of a broad definition, which is why Mississippi further breaks it down into three main types of distractions while driving. 

Three Types of Distracted Driving

The distinct types of distracted driving include:

• Manual distractions: Any act that causes a driver to take their hands off of the wheel.

• Visual distractions: Any act that causes a driver to take their eyes off of the road.

• Cognitive distractions: Any act that causes a driver to take their mind off of the task of driving. 

Beyond listing the three types of distractions, Mississippi distracted driving law also specifically refers to the use of cell phones. While you can make or receive a call while driving in Mississippi, you cannot use a cell phone or other portable device to:

• Write, read, or send a text message or an email
• Access, read, or post on social media

There are, however, exceptions to this law. You can use a cell phone or other device for:

• Hands-free voice operation
• Accessing emergency, traffic, or weather alerts
• Messaging related to the operation of the vehicle

Examples of Distracted Driving

Below are just a few of the many kinds of distractions that could result in an accident:

• Handling a cell phone to make or receive a call
• Sending or reading an email or text message
• Messing with a GPS device or GPS app on a phone
• Eating and drinking
• Talking with and looking at passengers
• Looking or reaching into the backseat to deal with children or pets
• Messing with the radio
• Personal grooming in the mirror
• Reaching for something in the car
• Daydreaming or zoning out

Distracted Driving Enforcement

When it comes to distracted driving, there are generally two types of enforcement for someone who breaks the law:

Primary Enforcement. This type of enforcement means that a police officer can pull you over if they see you violating the distracted driving law. 

Secondary Enforcement. This type of enforcement means that a police officer can only cite you for distracted driving if you were first breaking another law that caused them to pull you over. 

Mississippi follows primary enforcement regarding distracted driving. So if an officer sees that you are committing an act of distraction, such as texting while driving, they can pull you over and cite you without any other cause. 

Mississippi Distracted Driving Fines

The fines and penalties for distracted driving in Mississippi can vary depending on the exact circumstances and who was committing the offense. 

• $100 fine for adult drivers
• Up to a $500 fine for minors and drivers with a learners permit
• Up to $500 for bus drivers
• Up to $1,000 if injuries result from the distracted driving

Texting and driving can also lead to a reckless driving conviction or vehicular manslaughter charges if the distracted driving results in the death of another person. 

Distracted Driving Facts 

Below are some of the most recent distracted driving statistics:

• On average, nine people are killed every day in the U.S. due to distracted driving.
• 1 in 5 people who are killed in distracted driving accidents are pedestrians or bicyclists.
• Texting while driving is 23 times more likely to result in an accident than driving while not distracted.
• Drivers who text and drive are unaware of up to 50% of their driving environment and surroundings.
• Sending or reading a text message while traveling at 55 MPH is like driving the length of a football field with your eyes closed.
• Teen drivers ages 15 to 20 are more likely to drive distracted than those 21 and older. 
• 39% of high school students admit to texting or emailing while driving.
• Multitasking while driving increases your chances of causing an accident.

Tips to Stay Distraction-Free While Driving

With so much evidence pointing to the dangers of distracted driving, it is clear that drivers must take more precautions, remain alert, and keep their hands on the wheel to avoid causing a severe accident. Distracted driving accidents often end in fatalities, so it is crucial to obey Mississippi distracted driving laws to avoid putting lives unnecessarily at risk. 

The Mississippi Department of Health offers these tips to help keep drivers safe:

• Develop a habit of turning your phone off when you get in the car or put it in the trunk or somewhere out of reach to avoid temptation. 
• Record a voicemail greeting or automatic text reply that lets others know you are driving and will return their call or message as soon as possible. 
• Avoid using cell phones at all costs, even hands-free operations. If an emergency call or message is necessary, pull over to a safe area first. 
• If available, have a passenger use the phone for you. 
• If you need to use your phone while on the road, have someone else drive. 

Connect with an Experienced Mississippi Personal Injury Attorney

If you or a loved one has been injured due to the negligence of a distracted driver, we can help bring you peace of mind and ensure you receive the compensation you deserve. For a free consultation with an experienced Mississippi distracted driving accident attorney, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available. 

When most people are in a car accident, they generally only consider how they will afford their medical bills or car repairs—things that are considered economic damages in a personal injury case. But there are also non-economic damages, which are more intangible and without a distinct monetary value—such as emotional distress—that an injured victim is also entitled to. 

In many cases, the emotional pain and distress that a person suffers from after a car accident can be even worse than the economic damages and physical injuries. Car damage can be repaired and physical injuries will heal with time, but emotional trauma can last long after the accident. In some cases, car accidents victims can experience emotional distress and symptoms of PTSD for the rest of their life. 

Thus it is essential for injured victims to prove the extent of their emotional distress to ensure they get the compensation they deserve for their ongoing pain and suffering. Unfortunately, proving emotional distress is not as easy as proving other economic damages since a person’s emotional suffering cannot easily be calculated. 

If you are suffering emotionally after a car accident, one of our experienced Mississippi personal injury lawyers can assist you. We understand that the emotional toll an accident can have on a person’s life is often more devastating than the physical damages. We are dedicated to helping those suffering prove emotional distress to ensure they get the compensation they deserve. 

What is Emotional Distress?

Emotional distress or anguish can vary from one person to the next. Everyone reacts differently to being in a car accident. However, generally, the more severe the accident, the more severe the emotional distress and trauma will be. 

Some common emotional distress examples and symptoms include:

• Depression
• Feelings of detachment
• Extreme feelings of sadness or anger
• Emotional outbursts
• Mood swings
• Anxiety
• Misplaced guilt
• Fear
• Shame
• Insomnia
• Nightmares and flashbacks
• Avoidance of things that remind you of the accident

How Can I Prove Emotional Distress After a Mississippi Car Accident?

If you’re wondering how to prove emotional distress after a Mississippi car accident, the most simple answer is to document as much of your emotional pain and suffering in your daily life as much as possible. The more evidence you can provide of your suffering, the more likely you are to get the full amount of compensation you deserve. 

Factors that can play a role in recovering emotional distress damages include:

• The duration of your emotional suffering
• How severe your symptoms are
• How much your symptoms have affected your quality of life
• How bad the accident was

Steps you can take to help prove the above to the insurance company or the court should you decide to file an emotional distress lawsuit include:

1. Keep a Journal 

Even if you don’t think you are suffering emotionally, it’s beneficial to keep a journal of your thoughts and day-to-day life after the accident. This can help you recognize when the symptoms start, what triggers them, how long they last, and how severely they are impacting your life—all information that is needed to prove emotional distress in a personal injury case. So make note of everything and anything you can think of that might indicate you are suffering emotionally. 

2. Talk to Your Doctor or a Therapist

Your doctor can help you identify signs of emotional distress and they can testify for you if needed to prove that you are suffering. They can also refer you to a specialist who can help you, such as a counselor or a therapist. Seeking out help from a specialist is proof itself that you are suffering and trying to heal from emotional trauma. 

3. Keep Copies of All Documents

You will also want to hold on to any physical evidence of your suffering to provide as further evidence. This can include prescription medications, medical bills and receipts, and any other documents discussing your condition and your recommended treatments. 

How is Emotional Distress Calculated?

Because emotional distress is not something that can easily be represented in numbers, it is not easy to calculate. However, there are generally two methods that can be used, including:

• The multiplier method: Using this method, you will be assigned a rating based on your condition. That number will then be multiplied by the amount you are awarded for your economic damages (medical bills, lost wages, property damage, etc.). The rating scale typically ranges from 1 to 3 but can go up to 5 in some cases. So, for example, if you are given a rating of 3, and you are awarded $50,000 in economic damages, you will receive $150,000 for your emotional pain and suffering. 

• The per diem method: With this method, you will be assigned an estimated daily rate based on your pain and suffering. That rate will then be awarded for all the days you are expected to suffer. So if you are assigned a daily rate of $200, and your emotional distress lasts for two years, you would receive a total of $146,000 ($200 x 730 days). 

These methods are not foolproof, however, which is why you need to document as much of your emotional distress as possible and gather as much evidence as you can to prove the extent of your suffering. 

Can You Sue for Emotional Distress in Mississippi?

If you are interested in suing for emotional distress, it is an option, but it will not be easy. Generally, courts prefer if you can come to a settlement agreement with the insurance company involved. However, if the money you initially receive from filing a personal injury claim is not enough to compensate you for your suffering, you can pursue legal action against the guilty party. 

Filing a lawsuit is not an easy process, and you will need the help of a professional attorney to assist you. Also, keep in mind that every state puts a cap on the amount of money they can receive for damages. In Mississippi, the cap for non-economic damages, such as emotional distress, is $1,000,000. 

So if you have already received close to that amount in a settlement for your personal injury claim, you likely won’t get much more by filing a lawsuit. Still, it is an option if needed.

Connect with an Experienced Mississippi Personal Injury Attorney

At Lunsford, Baskin, & Priebe, PLLC, we are dedicated to helping our clients get the full amount they deserve for all they have suffered. We can walk you through every step of the personal injury claim process, and if the amount you receive is not enough, we can then help you file a lawsuit if desired. No matter the case or situation, we help each and every client to the best of our abilities. 

If you have questions or concerns about how to prove emotional distress, contact one of our experienced Mississippi personal injury attorneys today. After-hours visits are available. 

If you are a truck driver who was injured while at work, you may be entitled to workers’ compensation benefits depending on your employer’s coverage. In this blog, we discuss how truck drivers may receive workers’ compensation after sustaining a workplace injury.

Workers’ Compensation Laws in Mississippi

As a general rule under Mississippi state law, any workers who have suffered a work-related medical condition are entitled to workers’ compensation. This means you do not have to prove that your employer was at fault for causing your injuries.

However, you must be a covered employee who sustained an injury while performing job-related tasks within the scope of employment. For example, if you were on a work delivery driving your normal route and slid on a patch of ice, your claim should be covered. If you were making a personal errand run, however, you may not be eligible to file.

There is one caveat to this no-fault system, however. This workers’ compensation will serve as your only remedy and you forfeit your ability to sue your employer in court. So as far as financial compensation goes, you will be limited to workers’ compensation benefits and they do not cover emotional damages or pain and suffering.

Workers’ Comp Benefits for Truck Drivers

If you are a truck driver who qualifies for workers’ compensation, your benefits may include:

• Costs for medical treatment
• Wage replacement for lost time at work
• A numbered amount of your wages for total or partial disability paid on a permanent or temporary basis
• Death benefits for qualifying family members

Time is of the essence when it comes to filing for workers’ compensation. If you delay in getting the process started, you may not file in time and be denied benefits when you need them most. In many states, there is a strict statute of limitations that establishes a deadline for when you must file. For example, in Mississippi, the state allows you 30 days from when you first sought medical treatment to notify your employer of a workplace injury.

Furthermore, Mississippi state law allows you only two years from the date of your injury to file for workers’ compensation. This may seem like an ample amount of time, but depending on your injury, you might be recovering for an extended period of time, and before you know it, you are approaching the deadline to file. Don’t hesitate to speak with an attorney as soon as possible to get the help you need in filing for workers’ compensation.

Contact a Mississippi Workers’ Comp Lawyer Today!

Workplace injuries can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from a workplace injury, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

For expert workers’ compensation support in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in workers’ compensation, and we have years of experience helping Mississippians receive the workers’ compensation they deserved. Call our office at 601-488-3975, or schedule a free case evaluation by clicking here.

Car accident victims can sometimes find themselves in a difficult situation if they do not take the necessary steps to establish proof of fault after an accident. While it may seem obvious to you that another driver or party was to blame, you still carry the responsibility of having to show proof to insurance companies or the court to support your claim. Without proof, the other party could also try to blame you for the accident.

If you want to know how to prove an accident wasn’t your fault, the answer is simple—gather as much evidence as possible. Even though experts may conduct their own car accident investigation, it is still your responsibility to collect your own evidence as investigators were not there when the accident happened and thus might not be able to provide as good a report as you can.

However, the burden of establishing proof of a car accident does not need to fall entirely on your shoulders. Navigating a personal injury claim can be overwhelming and even confusing if you don’t know your rights and what to do. So after the accident occurs, you should work with a Mississippi car accident attorney as they can guide you through the process and help you prove that someone else was at fault.

Below are the steps you should take following an accident to establish proof and hold the guilty party liable:

1. Contact the Police

Always call 911 immediately after you have been injured in an accident. The sooner you call the police; the sooner help will arrive. It’s also important to have the police arrive as soon as possible to avoid any evidence being lost or tampered with. A thorough police report is essential to establishing proof of fault in a car accident claim.

This is your best piece of evidence because, without an official report, the other driver could try to blame you instead, and there will be no report stating otherwise. However, it’s important to note that you should not entirely rely on the police to conduct a thorough car accident scene investigation. The police can make mistakes, so while a police report is essential, it is not all that you should rely on.

2. Seek Immediate Medical Attention

Proof that you were injured is also essential when filing a personal injury claim. So when you call 911, make sure they send emergency medical responders as well to address your injuries. If immediate medical attention is not needed, you should still go to the hospital, urgent care, or your doctor after the accident. You will need medical bills, documents, and doctor statements to prove that you were injured and thus require compensation for your damages.

3. Gather Evidence of Damages

While medical documents and bills dated after the accident can help support your claim, it is best to gather as much evidence of the damages at the scene as possible. For example, if there is any car accident video footage, this can help prove what happened. Take as many videos and photographs as you need to thoroughly document what happened. This includes shots of the scene as a whole, close-ups of the damage, tire marks on the road, your injuries, and anything else that is relevant.

4. Collect Witness Information

Witness statements can also be a vital element in a car accident claim. If there is a dispute between the drivers involved over what happened, it may be necessary to call on outside witnesses. So when you are at the scene, make sure you talk to anyone around who saw what happened and ask them for their contact information in case they are needed to give a statement.

You may wonder how to prove someone was speeding in an accident, for example. While it may be difficult if it is simply your word against theirs, if multiple other witnesses say the same thing, it supports your claim and is further proof the other party is guilty because they were speeding. Other witnesses may even have captured their own video footage or photos of what happened.

5. Avoid Discussions of Fault

When you are attempting to establish proof after a car accident, you should never have any discussions about responsibility or fault with anyone other than your attorney. Someone could overhear you and make an assumption, or the police or even the insurance company could manipulate your words and use them against you. Even if you are just trying to be honest and do the right thing, anything you say can be used against you, and it could negatively affect your claim and your ability to recover damages.

Connect with an Experienced Mississippi Personal Injury Attorney

The final step in establishing proof should be to contact an attorney. The sooner you consult with an experienced personal injury lawyer, the sooner they can help you establish fault and recover damages that will be necessary to pay for your medical expenses, lost wages, property damages, and any other losses relating to the car accident.

Establishing proof of a car accident is not easy to do on your own. Let the team at Lunsford, Baskin, and Priebe assist you. We can review your case and offer you guidance to ensure the best possible outcome.

For a free consultation, contact one of our experienced Mississippi personal injury attorneys today. After-hours visits are available.

When you are injured in an accident caused by another driver, most people assume they can simply file a claim against the guilty party to recover compensation. However, not all states handle fault or negligence claims the same way. For example, there are typically two kinds of fault that can play a role in a car accident case: contributory negligence and comparative fault.

In a contributory negligence state, if an accident occurs and you are found to have contributed to the accident in even the smallest amount, you will not be eligible to recover damages. So even if the other driver is 98% at fault, if you are 2% at fault, you will not be able to collect compensation. Luckily, Mississippi is a comparative fault state, which makes it easier for injured parties to recover damages even if they share in liability.

If you or a loved one are injured in an accident and have questions or concerns about liability and who is at fault, contact the experienced Mississippi personal injury attorneys at Lunsford, Baskin, & Priebe, PLLC. We will review your case and help prove the fault of the other party so you can recover the full settlement you need and deserve.

Mississippi Pure Comparative Fault

In Mississippi, if you are found to be partially responsible for causing an accident, you are still entitled to compensation so long as you can prove that another party was also partially responsible. This ruling is based on a comparative negligence system.

There are two kinds of comparative negligence: modified and pure. In a modified comparative fault state, you would not be able to recover damages if your percentage of fault equals or exceeds that of the other party involved. So if you are 60% at fault, and the other party is 40% at fault, you would not be eligible to recover damages.

Mississippi is a pure comparative fault state. This means that even if you carry most of the blame, you can still recover compensation for damages as long as the other party is also partially to blame. So if you are 80% at fault and they are 20% at fault, you can still file a claim and receive a settlement.

However, it’s important to note that the amount of money you will recover will be reduced based on your percentage of fault. So if you incur $100,000 in damages, but you are found to be 40% at fault, your settlement will be reduced based on that percentage, and you will only receive $60,000.

This is why it is so important to work with an attorney to ensure you get the full amount you deserve. Even if you are not at all at fault or if you are only 10% to blame, the opposing party and their insurance company may try to argue against this in an effort to deny fault and reduce your settlement amount. They will use tactics to try to place more of the blame on you, which can result in less money for damages than you need and deserve.

How An Attorney Can Help You Shift Fault to the Other Party

When you work with an attorney, you are more likely to recover adequate compensation because they know what it takes to fight against insurance companies to ensure the guilty party is held fully accountable or carries the majority of fault. They will do this by helping you gather sufficient evidence to prove that what you claim is true and that you are ultimately the one who suffered most.

Evidence used to support claims and prove that the other party is fully or mostly responsible includes:

• Police reports
• Video surveillance
• Photographic evidence from the scene
• Eyewitness statements
• Accident reconstruction diagrams
• Statements from accident reconstruction experts

An attorney will also use the damages you have suffered to prove that you are the victim and to ensure you are paid the full settlement that you are owed. These damages can include:

• Medical expenses
• Lost income
• Loss of future earning potential
• Car damage
• Physical pain and suffering
• Emotional distress
• Loss of consortium
• Permanent impairment
• Scarring and disfigurement

Connect with an Experienced Mississippi Personal Injury Attorney

If you are confused about how comparative negligence will affect your claim or if you need help with any other aspect of your car accident case, our team of experienced personal injury attorneys can assist you. We understand how confusing and even overwhelming the process can be and are dedicated to helping our clients seek justice and get the compensation they deserve.

For a free consultation with an experienced personal injury lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

Video Transcript
In Mississippi, even if you are found to be partially responsible for causing an accident that you’re involved in, you are still entitled to compensation so as long as you can prove that someone else was also partially responsible. Mississippi is what’s called a pure comparative negligence state, which means that if you are 50% responsible for an accident and someone else is 50% responsible, you can still recover against that person’s insurance company. Uh, but the amount of your recovery will be reduced by that 50%. It will be reduced by the percentage of fault that you contributed to the accident.

But certainly if you’re involved in a personal injury claim and the insurance company is trying to come up with some argument for why you were at fault either completely or partially, it’s more important than ever that you have an attorney that can consider the facts of the accident, consider the legal issues involved and put your best case forward for why the person who caused the accident was totally or at least majority responsible for causing your accident and injuries.

Car accidents often result in injuries that have immediate symptoms. You may feel a sudden pain in your neck from whiplash, or you could suffer from another injury with immediate side effects.

If you suffer from a wreck in which you don’t experience pain or symptoms of an injury, you may think that you don’t need to seek medical attention, but you should always receive a medical examination after suffering from a wreck. Even if you don’t have immediate pain, you could have suffered from delayed injuries that don’t become present until days or even weeks later. Additionally, receiving an immediate medical examination is critical for filing an insurance claim and a personal injury claim.

The Impact of Shock

After suffering from a car accident, you might go into shock, which will impact your ability to feel pain. Shock occurs when your body undergoes a traumatic experience. Your body has a natural defense mechanism that releases adrenaline to deal with sudden physical trauma. Going into shock often means that you won’t be able to tell the extent of your injuries because it impacts your ability to feel pain.

When you experience a traffic accident, you need to seek medical attention even if you’re not suffering from pain because of your body’s adrenaline release. You could even suffer from life-threatening injuries that you don’t feel because you’re in shock. An injury that may only feel like a minor ache could become progressively more painful hours or days after the accident, and failing to receive immediate treatment could negatively impact your recovery.

Addressing Delayed Onset Injuries

In addition to shock, you may be unaware of the full extent of your injuries because symptoms may not be apparent yet. Many different types of injuries can come with delayed symptoms including concussions, soft tissue injuries, spinal injuries, and other serious or even life-threatening injuries. You could even experience injuries that don’t become apparent for weeks or months after your accident, and these injuries can become more serious over time.

When you receive a medical examination after your accident, medical professionals will check for common injuries people sustain from car accidents. This is especially important for concussions and spinal cord injuries because both can be fatal if left untreated.

Filing an Insurance Claim

Receiving an immediate medical examination after your wreck is critical for both your health and for receiving compensation for your bills. Insurance companies keep track of how long it takes car accident victims to seek medical attention, and failing to receive immediate medical attention can negatively impact your insurance claim.

Insurance companies typically give victims 72 hours to seek medical attention after a wreck to consider it serious. If you wait longer than 72 hours, insurance companies may try to make the case that your injuries are not severe, and they’ll attempt to deny or undervalue your claim. They’ll use your delay as evidence against you even if you hadn’t yet experienced symptoms of an injury.

Visiting a doctor after your accident also signals to the insurance company that you performed your due diligence when it comes to protecting your health after an accident. If you experience an injury with delayed symptoms, you’ll have a harder time recovering compensation if you didn’t receive an initial medical examination.

Filing a Personal Injury Claim

If your accident was caused by someone else’s negligence, you need to receive a medical examination for your personal injury claim. Timeliness is incredibly important for filing a claim because if you delay, the at-fault party or their insurance company will try to make the case that your injury isn’t severe or that the wreck didn’t cause your injury. Receiving an immediate medical examination will lead to a faster diagnosis of your injuries, which helps you prove that the wreck directly caused your affliction.

You also need to make sure to keep track of all of your medical documentation as you receive treatment. Additionally, you should write down the conversations that you have with your doctor, and you need to keep a journal detailing your pain from day to day. You can use these different documents to prove your personal injury claim because they draw a direct link between the accident and your condition.

Contact a Mississippi Car Accident Attorney

Filing a personal injury claim is often a challenging process, especially if the at-fault party’s insurance company attempts to underpay or outright deny your claim. You can increase the likelihood that you’ll either win or settle with the negligent party and their insurance company by hiring a seasoned personal injury attorney. Personal injury attorneys can help you recover damages for medical bills, lost wages, pain and suffering, loss of future earnings, and more.

For expert legal counsel you can count on in Mississippi, contact Lunsford, Baskin, & Priebe, PLLC. We’ve helped numerous Mississippi and residents receive the money they deserved for their wrecks and personal injuries. Call our Jackson office at 601-983-2667. You can also schedule a free case evaluation here.

Video Transcript
If you’ve been involved in an accident, it’s always a good idea to go ahead and get checked out by a medical professional. If you call 9 1 1 and the ambulance will come to the scene, or if you or a family member can get yourself to the emergency room, it’s always a good idea to get checked out. Sometimes a person will be in shock after an accident, won’t realize they’re hurt until later that day or even the next day or the day after. So it’s always a good idea to just go ahead and get checked out, give yourself the peace of mind that you’re okay. Or if you have an injury, go ahead and put a treatment plan in place.

In the event of a slip and fall or car accident, it is vital that you seek medical attention as soon as possible. Oftentimes new injuries will go unnoticed for those with pre-existing conditions, as some injuries do not present directly after an accident and take time to manifest. Furthermore, it’s important to understand whether or not the accident made your pre-existing condition worse.

After an accident, your insurance company will search for any reason they can to minimize your claim. This includes asking for personal medical records under the guise of validating any injuries that happened because of the accident. What these lawyers are really doing, however, is searching for any pre-existing conditions you may have. If any are found, they will likely push the idea that the accident did not cause the injury, and that it was exacerbated by your pre-existing condition.

If you have questions or concerns about a personal injury claim or how a pre-existing condition might affect that claim, the experts at Lunsford, Baskin, & Priebe, PLLC, can help. We have helped hundreds of clients with pre-existing conditions get the benefits they deserve.

Medical Records and Physician Testimonies

Medical records from a doctor are almost always vital to settling a personal injury claim, especially if you are claiming damages for an accident that worsened your pre-existing condition. In some cases, an independent medical examiner will review your physician’s diagnosis and provide testimony that the accident did indeed worsen your condition. If this is verified successfully by the medical examiner, the at-fault party will be held liable for any accident-related expenses.

The eggshell skull rule is a rule in law that states defendants are responsible to pay for damages as a result of their wrongdoing whether the injuries sustained were made worse by a pre-existing condition or not.

Pre-existing conditions are somewhat of a double-edged sword as they can be used both for and against the plaintiff. A defendant will use records of your pre-existing condition against you by arguing that your injuries were already suffered beforehand and that they are not responsible for old injuries. On the other hand, a medical examiner’s testimony can be used to prove that a pre-existing condition was worsened by the accident, and the plaintiff should receive payment for damages and medical bills.

The importance of seeking medical attention as soon as possible is a big factor here. Defense attorneys will do everything they can to convince a judge or jury that your injuries were old and not caused by the accident. The longer you wait between the time of the accident and seeing a doctor will decrease the efficacy of your argument in court. Even if the only injuries you suffered were because of a pre-existing condition, the timeliness of your medical records will prove that your injuries were a direct result of the accident.

Connect with a Mississippi Personal Injury Lawyer ASAP

Most importantly of all is transparency. One of the worst things you can do is attempt to cover up any pre-existing conditions you might have. Some courts may see this as fraud, and it will severely harm the chances of you receiving a substantial payout on your claim. Disclose any pre-existing conditions you have with both your physician and personal injury lawyer as soon as possible.

Time is of the essence in personal injury cases, so don’t wait to get in touch with a personal injury lawyer if you or a loved one have suffered injuries in an accident.

For a free consultation with an experienced personal injury lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

It’s an all-too-common occurrence. Out of nowhere, another driver hits your vehicle, causing significant damage to you and your car. And though you weren’t at fault for the accident, now you’re worried about how to pay for medical and auto repair bills because the other driver wasn’t insured.

If you’ve been in an accident with an uninsured driver, Lunsford, Baskin, & Priebe, PLLC, can help. We are experienced car accident lawyers who can guide you through your legal options and get the compensation that you need to cover your expenses.

Uninsured and Underinsured Drivers in Mississippi

A shocking 30% of Mississippi drivers don’t have any type of liability insurance, which is the highest rate of uninsured drivers in the nation. Many other drivers only carry the bare minimum insurance required by law and, therefore, don’t have adequate coverage to fully compensate the other driver.

The state of Mississippi requires drivers to carry liability insurance that will cover at least $25,000 per person and at least $50,000 total per accident.

Although this might seem like enough, it is often insufficient. Even in the case of a minor accident, expenses can add up quickly. Worse yet, a victim of a more serious accident might face overwhelming medical bills related to hospitalization, medical testing, and surgery. They may need to buy a new vehicle. And when you add in lost wages as a result of the accident in addition to pain and suffering, expenses can quickly exceed $100,000.

What makes matters worse is the reality that insurance companies are reluctant to pay out for a policy. They will launch their own investigation of the accident and often find reasons to dismiss the claim or pay far less than what a claim is worth.

Difficulty in Resolving an Uninsured Motorist Claim

If you are hit by an uninsured motorist, it’s often a difficult legal process to recoup the compensation you deserve. It’s possible to sue the uninsured motorist for damages. However, a civil trial can take time, and there is no guarantee that you’d receive fair compensation. Most of the time, uninsured or underinsured drivers don’t have the type of money needed to cover accident costs.

Alternatively, you could file a claim against your own insurance company if you believe that you weren’t given the option to purchase uninsured motorist insurance. Even though this type of coverage isn’t required, according to Mississippi law, auto insurance companies must give their clients the option. If you can prove that you weren’t given this option, you could potentially sue your insurance company. However, this also requires legal litigation, and it might be difficult to prove that you weren’t given the option for uninsured motorist insurance.

Another possibility might be to determine whether you have a Personal Injury Protection (PIP) policy, which is a type of no-fault insurance that will cover medical expenses related to the accident beyond what the health insurance company will pay. The main problem is that this type of policy doesn’t cover damages to your vehicle nor does it reimburse you for lost wages and other types of expenses.

The Benefit of Uninsured Motorist Coverage

By far the best way to protect yourself from the unnecessary expense and hassle that results from an accident with an uninsured motorist is to get coverage before an accident occurs. Uninsured motorist coverage is not a legal requirement; it’s an inexpensive add-on to your insurance policy that provides financial compensation when the at-fault driver is unable to do so.

With uninsured motorist coverage, you can file a claim against your own insurance company in the event of an accident with an uninsured or underinsured motorist. It provides the reimbursement you would need to pay for auto damage, medical bills, lost wages, and more.

Uninsured motorist coverage also gives you the ability to stack your coverage, meaning that you can combine coverage amounts from multiple vehicles. So if you have coverage for two vehicles, each with $25,000 per person and $50,000 per accident, the coverage for both vehicles could be combined to provide $50,000 per person and $100,000 per accident.

Even if you are in an accident with someone who is underinsured, uninsured motorist coverage is extremely beneficial because it can be used to pay your remaining expenses after the other driver’s coverage has run out.

Lunsford, Baskin & Priebe Can Help

If you’ve been in an accident with an uninsured or underinsured driver, enlisting the help of a car accident lawyer will ease your stress and ensure that you receive fair compensation. Lunsford, Baskin, & Priebe will advocate on your behalf with the insurance company to get the full compensation you deserve, saving you both money and stress. Contact us today for more information.

Causes of Parking Lot Accidents

Different contributing factors can lead to parking lot accidents. Some of the most common causes include:

• A driver pulls out of a parking space and hits an oncoming car
• Two drivers back into one another
• Two drivers hit each when pulling into the parking space
• A driver mistakenly backs into an oncoming car
• A driver rear-ends a vehicle stopped at a parking lot stop sign

The busier the parking lot, the higher the likelihood that you’ll experience a parking lot accident. Congested parking lots are often a hotbed for fender benders because it’s harder to see oncoming cars when backing out of a parking space.

Additionally, those driving in parking lots often drive while distracted. They may feel they can multitask because they’re driving at a slow speed, but operating a vehicle while on the phone or engaged in another distraction can still lead to a car accident regardless of speed.

How Do You Determine Liability in a Parking Lot Accident?

When determining fault, police officers, insurance companies, and courts will focus on two major components. Firstly, if one vehicle was moving while the other was stationary, the driver with the non-stationary vehicle will likely be found liable. This would be the case if a driver hits your vehicle while you’re parked, stopped at a stop sign, or yielding to pedestrians.

The next component involves who had the right of way. If both vehicles were moving at the time of the wreck, one of the vehicles likely didn’t have the right of way, resulting in the crash. Drivers need to abide by road laws in parking lots, including yielding when it’s not your right of way. For example, if you mistakenly back into an oncoming car, the other driver had the right of way, so you would be held liable as long as the other driver was operating their vehicle at the appropriate speed limit.

Comparative Negligence in Mississippi

Mississippi is a pure comparative negligence state. This means that two or more drivers can be found partially responsible for a vehicular accident, and your percentage of liability impacts the amount you can recover in compensation.

Let’s say that you and another driver backed into one another in a parking lot, and neither of you had a clear right of way. You could both be held equally responsible for the accident, meaning the percentage of blame is apportioned 50/50. If you seek compensation from the other driver, your percentage of the blame impacts the amount you can recover. In this case, you would only be entitled to 50% of full compensation for damages.

What’s more often the case is that a single driver will primarily be at fault while the other driver bears a smaller percentage of the blame. For example, if someone backs into your vehicle while you had the right of way, they would likely be held primarily responsible, but if you were driving over the speed limit at the time of the accident, you could bear partial liability. If you receive 25% of the blame, that would negatively impact the amount you can recover in compensation by 25%.

Contact a Mississippi Car Accident Attorney

Numerous parking lot accidents occur every single day, and you shouldn’t have to pay or have your insurance pay for a wreck that wasn’t your fault. Also, parking lot collisions are typically mild, but that doesn’t mean you’re immune from experiencing an injury. Victims of parking lot accidents can still suffer from both mild and severe injuries, and you shouldn’t have to pay out of pocket for your medical bills if another driver caused your wreck. Whether the other driver was solely responsible for your wreck or you bore partial responsibility, you can recover compensation for vehicle damages, medical bills, lost wages, loss of future earnings, and more.

For legal guidance and representation in car accident and personal injury claims, contact Lunsford, Baskin, & Priebe, PLLC. We’ll help you recover the damages you deserve for your wreck, and we’ll work to maximize the amount you receive. Call our Jackson office at 601-488-3975, or you can schedule free case evaluation online here.